16.A
Hemet City Council
Consideration of Allocations for 2024-25 Program Year Community Development Block Grant - Administration
March 12, 2024
16.A
Strategic Plan Integration
Quality of Life Partnership &
Collaboration
Community
Engagement
CDBG aligns with Council Adopted
Objectives under Quality of Life, Partnership
& Collaboration, and Community
Engagement
16.A
Housing Element Update
24-25 Applications Received
• 28 applications received
• 7 from City operations
• 20 from non-profit agencies
• 1 from for-profit agency
• Planning and Administration does not require an
application to be submitted
16.A
Housing Element Update
24-25 CDBG Allocation
• $827,276 HUD CDBG published allocation for FY 23-24
• The FY 24-25 HUD CDBG allocation has not been published • Allocations are estimates and will be adjusted
(increased/decreased) based on a percentage basis
• $228,160.28 combined unallocated from FY 21-22 and
FY 22-23 to be reallocated in FY 24-25
• To be reallocated for public housing/infrastructure project ØTotal to be allocated: $1,029,029.20
16.A
Housing Element Update
Public Services Allocation
16.A
Housing Element Update
Public Housing/Infrastructure Allocation
16.A
Housing Element Update
Administration Allocation
1) Fair Housing Council is a necessary element of Hemet CDBG to qualify for CDBG funding. Fair housing and anti-discrimination services, including legal representation, are provided for Hemet residents. * FHCRC is part of Administration and Planning as reflected in the 2020-2025 Consolidated Plan to allow more funds to be available in Public Services
16.A
Discussion
16.A
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Mar 12 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Monique Alaniz-Flejter, Community Development Director, Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
1) Consideration and Proposed Adoption of a Resolution of the City Council of the City of Hemet, California, Authorizing the submission of a Joint Application to the Department of Housing and Community Development for the Affordable Housing and Sustainable Communities ("AHSC") Program to fund Sustainable Transportation Infrastructure (STI) Capital Projects, and Transportation Related Amenities (TRA) Capital Project; 2) Approval of Real Property License Agreement Between the City of Hemet and the Riverside County Transportation Commission to Construct and Maintain a Multi-Modal Bike Lane and Pedestrian Walkway Along the Railroad Right-of-Way Between Menlo Avenue and Palm Avenue; and, 3) Approval of an Affordable Housing and Sustainable Communities (AHSC) Implementation and Cooperation Agreement Between the City of Hemet and the Riverside Transit Agency (RTA) in Support of a Mobility Hub on City-owned Property.
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
1) Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the submission of a Joint Application to the Department of Housing and Community Development for the Affordable Housing and Sustainable Communities ("AHSC") Program to Fund Sustainable Transportation Infrastructure (STI) Capital Projects, and Transportation Related Amenities (TRA) Capital Project (Attachment 2);
2) Approve a Real Property License Agreement Between the City of Hemet and the Riverside County Transportation Commission to Construct and Maintain a Multi-Modal Bike Lane and Pedestrian Walkway Along the Railroad Right-of-Way Between Menlo Avenue and Palm Avenue (Attachment 3); and,
3) Approve an Affordable Housing and Sustainable Communities (AHSC) Implementation and Cooperation Agreement Between the City of Hemet and the Riverside Transit Agency (RTA) in Support of a Mobility Hub on City-owned Property (Attachment 4).
BACKGROUND:
16.B
Affordable Housing
Palm Communities (“Developer), has recently obtained approval to develop Palm Villas at State, a 157-unit affordable housing community on a 7.84-acre site (“The Project”), located at the northwest corner of State Street and Menlo Avenue.
The approval of affordable housing within the City of Hemet is essential in meeting our Regional Housing Needs Assessment (RHNA) for Riverside County and the region. The statewide RHNA is determined under the administration of the California Department of Housing and Community Development 18 State’s the among allocated then is need housing quantified The (HCD).
Metropolitan Planning Organizations (MPOs). In the City of Hemet’s case, this agency is the Southern California Association of Governments (SCAG).
In accordance with Section 65583 of the California Government Code, SCAG then delegates a “fair share” of housing needs to its member jurisdictions. The City of Hemet’s RHNA allocation is divided amongst four income categories, stated on the County of Riverside’s median income for a family of four. Since 2021, 917 residential units have been constructed in the City and are now occupied by Hemet residents. Of those units, 92% (848 units) are market-rate homes for above moderate-income households, while the remaining 8% (69 units) are accessory dwelling units, which qualify under the moderate-income category for RHNA progress reporting purposes. Without specific affordability criteria, such as an inclusionary housing ordinance requiring a minimum percentage of affordable housing for new construction, the City cannot meet our RHNA requirement at varying income levels.
The affordable housing project for Palm Villas at State is 100% affordable and among the first to count towards the City's housing need allocation within the sixth cycle RHNA eight-year planning period (2021-2029). The following tables provide a snapshot of the City's progress. The Palm Communities project would produce 157 of the 812 Very Low RHNA units required to be built by 2029.
16.B
Grant Funding Opportunity
The Developer has requested that the City of Hemet (“City”) identify supporting Sustainable Transportation Improvement (STI) projects to support the Project that could be financed through grant funds available through the State of California, Department of Housing and Community Development.
A window of opportunity is open for the development of Sustainable Transportation Infrastructure (STI), and Transit-Related Amenities (TRA) in the Downtown that will support the new housing development.
This in turn translates to Transformative Planning and Implementation Activities identified by SCAG, while promoting the overarching goals, policies and objectives of the Downtown Specific Plan, the City's General Plan, and State Planning Priorities.
As identified by SCAG, Transformative Housing and Implementation Activities means, housing, planning, infrastructure investments supporting Infill development that facilitates Housing supply, choice and affordability, and other actions that enable meeting Housing goals that also result in Per Capita vehicle miles traveled reductions, including accelerating development, supporting residents through realizing Multimodal Communities, shifting travel behavior through reducing driving, and increasing transit ridership.
State Planning Priorities, as described in Section 65041.1 of the Government Code. Affirmatively Furthering Fair Housing pursuant to Section 8899.50 of the Government Code. Facilitating Housing Element compliance for the sixth cycle Regional Housing Needs Assessment pursuant to Section 65302 of the Government Code prepared in accordance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
16.B
RTA Mobility Hub
Since 2017, the Riverside County Transportation Agency (RTA) has been working with the City to develop a Mobility Hub in the Downtown. On January 22, 2019, the City Council authorized staff to work with RTA and consultants to develop a comprehensive plan for the area. The Council provided direction to develop an agreement with RTA for a Mobility Hub that would be brought back to Council for consideration. RTA has committed to moving forward with construction of a Mobility Hub which is made grant ("AHSC") Sustainable and Communities Affordable the through possible Housing program. Additional information on the Mobility Hub is provided below in the Analysis section of this report.
RCTC Rail Corridor
Additionally, in support of multimodal opportunities, the Riverside County Transportation Commission (RCTC) has committed to enter into a license agreement with the City to construct and maintain a multimodal bike and pedestrian walkway within their existing railroad corridor.
Community Engagement
From June 2017 to 2018 extensive community engagement efforts to develop the RTA Mobility Hub Design concept was provided to various local groups, citizens and committees. Outreach included walking tours, public workshops, one on one interviews, and online surveys. More recently, Palm Communities, RTA and the City held a community workshop on January 31, 2024 at the Hemet Library to discuss the grant and development opportunity. Over 70 stakeholders from the community were in attendance and provided valuable and positive feedback on how transportation and multi- modal concepts might be programmed.
ANALYSIS:
The Grant Application
The State of California, the Strategic Growth Council (“SGC”), and the Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability dated January 19, 2024 (“NOFA”), under the Affordable Housing and Sustainable Communities (“AHSC”) Program established in accordance with AB 32 (Chapter 488, Statutes of 2006), SB 375 (Chapter 728, Statutes of 2008), and SB 32 (Chapter 249, Statutes of 2016) by investing Projects that reduce greenhouse housing, and transportation, land-use, by emissions (GHG) gas implementing Agricultural Land Preservation practices to support infill and compact development, while supporting related and coordinated public policy objectives
The AHSC Application seeks an award to the City in an aggregate not to exceed amount of Thirty- Eight Million Dollars ($38,000,000), of which Twenty-Two Million Dollars ($22,000,000) is requested as a loan for an Affordable Housing Development (“AHSC Loan”) and Sixteen Million Dollars ($16,000,000) is requested for a grant for Sustainable Transportation Infrastructure (STI), Transit- Related AHSC the in defined as Program (“AHSC activities or Amenities, Grant”), Program
16.B
Guidelines. The improvements are as described in more detail below that are included in the application to be submitted by March 19, 2024.
STI Capital Projects:
1. Bike and Pedestrian Path - A bike and pedestrian path is proposed to be constructed within the existing Riverside County Transportation Commission right-of-way, in which the City will operate per an agreement with RCTC. A paved 10' Class I bike path will be provided on one side of the railroad, with fencing and landscaping. A decomposed granite walkway will be provided on the opposite side of the railroad with fencing and landscaping. The bike and pedestrian path will extend from Menlo Avenue, to the Riverside Transit Agency Mobility Hub, and terminate at Palm Avenue, where it will connect with existing Hemet Valley Bikeway.
Overall, the construction of the bike and pedestrian path would provide a circular route for bicycles and pedestrians through central Hemet. A separate agreement with RCTC is required and recommended for approval. (Attachment No. 3)
2. Class IV Bikeway - A Class IV Bikeway proposed along Menlo Avenue from Palm Avenue to Santa Fe Street. The Class IV bikeway will include a barrier that separates the bike lane from vehicles, and will connect with the proposed Class I Bike and Pedestrian path through the railroad corridor. The Class IV Bikeway is an enhancement to the Class 2 Bikeway design permitted on Menlo Avenue, which currently does not provide bike lane separation.
3. Sidewalk Improvements – The project will construct missing sidewalk along Menlo Avenue between Palm Avenue and Santa Fe Street, connecting to the proposed Bike and Pedestrian path. The sidewalk improvements will allow for a continuous path for pedestrians.
4. Hemet Mobility Hub – A regional mobility hub is proposed to be constructed by Riverside County Transportation Agency (RTA) in the City of Hemet, California on a 2-acre, city-owned parcel located east of the Rail right of way, south of East Date Street, west of North Juanita Street, and north of East Devonshire Avenue. The Mobility Hub is projected to include 10 bus bays, shelters/canopies, parking spaces, storage, restrooms, and security structure. This Hub will facilitate timed transfer connections, accommodate future growth, and will be utilized by RTA Routes 28, 44, 74, 79, and GoMicro, the new on-demand microtransit service in Hemet- San Jacinto. (Attachment No. 4)
TRA Capital Projects:
1. Five New Bus Shelters – The project proposes to improve five transit stops within the project area and includes civil work and the purchase and installation of shelters, benches, and trashcans. The City is responsible for the civil work and installation of amenities and RTA is responsible for purchasing the amenities and confirming that the bus stops are consistent with RTA Bus Stop Design Guidelines.
2. Hemet Mobility Hub – As provided in the attachments, RTA and the City would enter into a separate agreement for completion and construction of Mobility Hub, and bus shelters as described above. (Attachment No. 4)
16.B
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Enhance the visual appearance of the community to make it attractive and reduce blight.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Increase the community's pride within the City.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Develop concepts and programs to enhance the quality of life services.
Develop programs to offer support to the community's businesses
FISCAL IMPACT:
State approval of the AHSC grant will fund City infrastructure improvements including sidewalk and bicycle lanes on Menlo Avenue between Palm Avenue and Sante Fe Street, and multi-modal and pedestrian pathways along the railway corridor between Menlo Avenue and Palm Avenue. The estimated value of this funding is $5.1 million. The City will be incur incremental maintenance costs associated with the railway corridor portion of these improvements. Approval of the RCTC License Agreement will result in incremental maintenance costs associated with the maintenance and security of the Mobility Hub.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):
Attachment No. 1 Public Engagement & Project Information Attachment No. 2 CC Resolution
Attachment No. 3 RCTC - City of Hemet Bike Trail License Agreement Attachment No. 4 RTA_Hemet MOU
16.B
COMMUNITY MEETING
REUNIÓN DE LA COMUNIDAD
HELP US CREATE A DYNAMIC DOWNTOWN HEMET!
¡AYÚDENOS A CREAR UN HEMET DINÁMICO EN EL CENTRO DE LA CIUDAD! We need your input on three exciting projects that will revitalize our downtown and create:
More Affordable Housing
Necesitamos su opinión sobre tres proyectos interesantes que revitalizarán nuestro centro y crearán:
Vivienda más asequible
Nuevo centro de tránsito
Caminos para peatones
y bicicletas que conectan
el centro de la ciudad
New Bus Transit Hub
Pedestrian & Bike Paths
de autobuses
Connecting Downtown
JOIN US TO HELP SHAPE THE FUTURE OF
JANUARY 31st @ 5:30 p.m.
Hemet Public Library
300 E. Latham Ave
Hemet, CA 92543
For questions please contact:
Si tiene preguntas, póngase en contacto:
Josh Zipperman|760.327.9708 x24|[email protected]
Biblioteca Pública de Hemet
¡ÚNETE A NOSOTROS PARA AYUDAR A DAR FORMA AL FUTURO DEL CENTRO DE HEMET! 31 de enero a las 5:30 p.m.
DOWNTOWN HEMET!
COMMUNITY MEETING
REUNIÓN DE LA COMUNIDAD
¡ÚNETE A NOSOTROS PARA AYUDAR A DAR FORMA AL FUTURO DEL CENTRO DE HEMET! ¡CENA Y BEBIDAS DE CORTESÍA!
¡CENA Y BEBIDAS DE CORTESÍA!
Todos son bienvenidos.
Habrá traducción al español.
Todos son bienvenidos.
Habrá traducción al español.
COMPLIMENTARY DINNER & BEVERAGES!
COMPLIMENTARY DINNER & BEVERAGES!
All are welcome to attend.
Spanish translation will be provided.
All are welcome to attend.
Spanish translation will be provided.
16.B
A Housing, Connectivity and
Investment Opportunity
for
The City of Hemet
16.B
Goals of Meeting
• Share three proposed projects with tonight’s group.
• Get ideas to encourage affordable housing, and
make a more vibrant, fun downtown and community
that residents can walk or ride your bicycle to or use
public transportation.
• Small group discussions of the three projects
(attendees offer thoughts and suggestions)
• Dinner Break
• Complete short survey and discuss comments from
the small group discussions (and Raffle!)
• We Want Your Input!
Community Meeting – January 31, 2024
16.B
How, Who, When?
• HOW: Funding (loan and grant would come from the
State’s Affordable Housing Sustainable
Communities (AHSC) Program
• WHO: Requires a joint application from Palm
Communities and the City of Hemet and an
agreement with Riverside Transit Agency (RTA)
• WHEN: Application is due on March 19, 2024;
Awards are announced in August 2024; Recipients
have five years from award to complete improvements
16.B
What is AHSC?
• It is a program sponsored by the State’s Strategic
Growth Council
• Program Goal: Reduce air pollution by funding
projects that encourage reduction in greenhouse gas
emissions
• Eligible Projects:
▫ Affordable Housing
▫ Bikeways and Pedestrian Paths
▫ Public Transportation Improvements
▫ Programs to encourage use of public transit
• Provides loans for affordable housing and grants to
cities and public transit agencies
16.B
Proposed AHSC Projects in Hemet
16.B
Affordable Housing:
Palm Villas at State
16.B
Palm Villas Overview
• An affordable multifamily housing community
• 157-units on 7.76 acres (Northwest corner of State and Menlo) (108) two-bedroom units, and (49) three-bedroom units
• Social service programs
▫ Literacy Programs
▫ Computer Training
▫ Workforce Courses
▫ Nutrition and Wellness Programs
▫ After School Programs
• Rent range is projected to be between $487 - $1,270 (2-3 Bedroom)
16.B
Site Plan
16.B
Apartment Details
• 157 Units (155 Residential Units + 2 Manager Units)
▫ The project will consist of a mix of (108) two-bedroom units, and (49) three-bedroom units ranging in size from 753 to 1,003 square feet
▫ Phase I (109 units) and Phase II (48 units)
• (7) three-story residential buildings
• (1) two-story community building
• Assigned On-site Parking
16.B
Residents
• This project will assist working families and families at risk or experiencing homelessness
▫ Eligible families with incomes from 30% to 60% of the AMI ▫ A family of four could gross no more than approximately $55,920 • Working Families
▫ Adults work in the community and surrounding areas
▫ They work in the restaurants, hotels, retail stores, gas stations, and other local businesses
▫ Children attend local schools
• Nearly 50% of our residents are single-female head of household
16.B
City Bikeways and Pedestrian
Corridor to Downtown
16.B
City Projects
• Pedestrian and Bicycle corridor (Menlo to Palm)
▫ Would be constructed in former railroad right of way owned by RCTC ▫ Two 25ft wide areas on the east and west side of the ROW ▫ Includes paved bikeways, walking paths and low maintenance landscaping and lighting
▫ Approximately 1.25 miles of improvements
• Class 4 Bikeway on Menlo (Palm to Santa Fe)
▫ 1 mile in distance
▫ Both sides of the street
▫ Some street widening may be needed with added sidewalks
16.B
Riverside Transit Agency
Improvements
16.B
RTA Projects
• Construction of Transit Mobility (“Bus”) Hub
▫ Located on City owned property at Devonshire and Juanita ▫ Will serve as a central location for timed transfer connections to other bus routes
▫ City Council approved project location on 9/26/17 and the final conceptual plan on 1/22/19
▫ Council directed staff to move forward with an RFP to develop the whole area on 5/14/19
• Installation of Bus Shelters within 1 mile of the Palm Villas Apartments
16.B
Hemet Mobility Hub Site
View from Devonshire &
Juanita looking Northwest
16.B
Vision
View from the Greenway looking
south/Devonshire
16.B
Benefits to the Community/
Next Steps
16.B
Community Benefits
• Capital Investment
▫ $70 million in new housing development
▫ $8+ million grant for Bus Mobility Hub, Bikeways,
Walking paths, Sidewalks and Bus Shelters
• Improved Connectivity
▫ Bus Mobility Hub
▫ Bikeways
• Energize Downtown
▫ Bike and Pedestrian Corridor
▫ Bring Transit Passengers into the area
16.B
Let’s Discuss
in Groups
16.B
16.B
OUTREACH OVERVIEW
Public engagement and outreach are key elements for a successful project. The goal of the public outreach for this project was to engage the public and iden- tify community needs, goals and concerns and incorporate them into the project at early stages in the design. As such, the design team, (managed by Psomas Civil Engineers) along with RTA, formed a local Project Development Team (PDT) to help the design team develop an effective public outreach plan. The PDT members ZHUHVHOHFWHGIURPYDULRXVRUJDQL]DWLRQVWKDWKDGVLJQL¿FDQWNQ RZOHGJHRIZKDW will become the vision for the Mobility Hub. Six PDT meetings were held between June and September 2017 to help form the outreach and communication plan. This plan was comprised of nine key components.
Advertisements
As part of the outreach efforts, several advertisements were published in local newsletters, such as The Valley News, The Valley Chronicle, Informador Del Valle and the Mobile Home Park Magazine.
Walking Tour Visioning Exercise
7KH¿UVWRXWUHDFKHYHQWIRUWKH0RELOLW\+XEZDVDZDONLQJWRXUYLVLRQLQJH[HUFLVH held on May 31, 2017. This tour invited key stakeholders and agency project man- agers to walk the TOD block and visualize the potential development and Mobility Hub. The walking tour was led by Ron Running, Project Planner, of the City of Hemet and Kristin Warsinski, Planning and Program Specialist, of RTA.
Public Workshop #1
7KH¿UVWSXEOLFZRUNVKRSZKLFKZDVKHOGRQ-XO\DWWK H-DPHV6LPSVRQ Memorial Center, focused on introducing the project to the public and soliciting input on various design elements. The design team was on hand, providing input on the Mobility Hub’s location and design options. The design team also listened to the community’s comments and encouraged feedback.
30 CITY OF HEMET
16.B
Various Local Group/Committee Meetings
57$DQGWKHGHVLJQWHDPLGHQWL¿HGGLIIHUHQWDJHQFLHVDQGORFDO JURXSVWRGLVFXVV the project with and ask for feedback. A list of local groups that the design team contacted include:
• Caltrans District 8
• Diamond Valley Arts Council
• Eastern Municipal Water District
• Hemet Community Concert
• Arts Association
• Hemet Valley Medical Center
• Hemet Restoring Our Community
Strategy V olunteer
• +HPHW8QL¿HG6FKRRO'LVWULFW
• Hemet Valley Art Association
• Hemet-San Jacinto Chamber of
Commerce
• Riverside County Flood Control
• Riverside County Community
• Action Partnership
• Riverside County Economic
Development Agency
• 5LYHUVLGH&RXQW\2I¿FHRQ$JLQJ
• Riverside County Sheriff’s Dept.
• Riverside Ending Homelessness
• Salvation Army
• Southern California Association of
Governments
• Southern California Regional Rail
Authority – MetroLink
• Soboba Band of Lusieno Indians
• T-Now Advisory Group
• Valley Restart
1 on 1 Interviews
In addition to the public workshops and local group meetings, RTA and the design team met with local business owners and other members of the community one-on- one. This included the following businesses/groups:
• T-Now
• Hemet Mobile Home Park
• Hemet/San Jacinto Valley Chamber
of Commerce
• Smitty’s Auto Parts
• Hemet Museum
• Eva’s Flowers
• Soboba Band of Luiseno Indians
• Hemet/San Jacinto Action Group
• +HPHW7UDI¿F&RPPLVVLRQ
• Stock Farm
• B&W Supply
• Hemet Rotary
• Mt. San Jacinto College
• Sheriff Department
• Hemet Exchange Club
• San Jacinto Lions Club
31CHAPTER 3 – HEMET MOBILITY HUB CONCEPTUAL PLAN REPORT
16.B
Online Surveys/Website
A dedicated project page was created on RTA’s website (www.RiversideTransit. com/HemetHub) which provides detailed project information, graphics, maps of the proposed station design elements, answers to frequently asked questions and more. Further encouraging engagement, the project page contains a designated area where visitors could submit questions and comments about the project.
Prior to the second community workshop, an online survey was announced and posted to the website. The goal of the survey was to get feedback on the best loca- tion for the Mobility Hub and preferred architectural style and themes.
Public Workshop #2
7KH VHFRQG DQG ¿QDO SXEOLF ZRUNVKRS ZDV KHOG RQ 6HSWHPEHU DW WKH James Simpson Memorial Center. The goal of this workshop was to provide the public with design options for project site selection. The feedback from this workshop was used to facilitate selecting one site as the locally preferred location for the Mobility Hub.
Riverside Transit Agency (RTA), in partnership with the City of Hemet, is preparing to design a new mobility hub in the City of Hemet. The project is part of the Downtown Hemet Specific Plan, which is designed to enrich and strengthen the community for years to come. Thanks to feedback from city leaders and community members, the project is expected to play a pivotal role in shaping the way public transportation is delivered in the region.
Two public workshops are planned for this project and will be held at the Simpson Center, located at 305 E. Devonshire Ave. in Hemet. The workshops will be on July 25 and September 20 from 5 p.m. to 7 p.m. Each workshop will have a project orientation presentation at 5:30 p.m. Any person with a disability who requires a modification or accommodation in order to participate in a workshop, or any person with limited English proficiency who requires language assistance, should contact the Customer Information Center at (951) 565-5002.
INSIDE THIS ISSUE
www.RiversideTransit.com/HemetHub
Hemet’s Vision for a Thriving
Downtown is Getting Closer to
Reality!
How Can You Get Involved?
Public Workshops, Stakeholder
Interviews and Opportunities
for Public Input
Transit Oriented District (TOD)
Zone
Safety and Security by Design
Project Funding Sources and
Schedule
July 2017 | Issue 1
32 CITY OF HEMET
16.B
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING AUTHORIZING
THE SUBMISSION OF A JOINT APPLICATION WITH
PALM COMMUNITIES TO THE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT FOR THE
AFFORDABLE HOUSING AND SUSTAINABLE
COMMUNITIES (“AHSC”) PROGRAM TO FUND
SUSTAINABLE TRANSPORTATION INFRASTRUCTURE
(STI) CAPITAL PROJECTS, AND TRANSPORTATION
RELATED AMENITIES (TRA) CAPITAL PROJECT.
WHEREAS, Palm Communities (“Developer), has obtained approval to develop construct a Palm Villas at State, a 157-unit affordable housing community on a 7.84-acre site (“The Project”), located at the northwest corner of State Street and Menlo Avenue.
WHEREAS, the Developer has requested that the City of Hemet (“City”) identify Sustainable Transportation Infrastructure (STI) projects to support the Project; and
WHEREAS, the State of California, the Strategic Growth Council (“SGC”), and the Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability dated January 19, 2024 (“NOFA”), under the Affordable Housing and Sustainable Communities (“AHSC”) Program established in accordance with AB 32 (Chapter 488, Statutes of 2006), SB 375 (Chapter 728, Statutes of 2008), and SB 32 (Chapter 249, Statutes of 2016) by investing Projects that reduce
16.B
CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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greenhouse gas (GHG) emissions by implementing land-use, housing, transportation, and Agricultural Land Preservation practices to support infill and compact development, while supporting related and coordinated public policy objectives; and WHEREAS, Palm Communities the (“Developer”) and the City of Hemet (“City”) desire to jointly apply for AHSC Program funds and to submit the Application Package released by the Department of Housing and Community Development (“Department”) for the AHSC Program for funding for the development of Palm Villas at State.
WHEREAS, the AHSC Program provides grants and loans to applicants identified through a competitive process for the development of projects that achieve greenhouse gas reductions by increasing the accessibility of local transit to affordable housing project; and
WHEREAS, if awarded, the AHSC grant would fund transit projects in the City of Hemet Downtown, including a bike and pedestrian path, Class IV bikeway, sidewalk improvements, five new bus shelters, and a mobility hub that includes 10 bus bays, shelters /canopies, parking spaces, storage rooms, restrooms, and security structure.
WHEREAS, the Strategic Growth Council (“SGC”) is authorized to approve funding allocations for the AHSC Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement, and the Department is authorized to administer the approved funding allocations of the AHSC Program; and
16.B
CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAINS AS FOLLOWS:
SECTION 1. FINDINGS. The recitals set forth above are hereby adopted as findings in support of resolution.
SECTION 2. COUNCIL ACTION.
1. The City Manager [or designee] is authorized to execute an AHSC Program Application jointly with Developer to submit it to the Department, as detailed in the NOFA dated January
19,2024, for Round 8 of the AHSC Program, for a total amount not to exceed Thirty-Eight Million Dollars ($38,000,000) of which Twenty-Two Million Dollars ($22,000,000) is requested as a loan for an Affordable Housing Development (“AHSC Loan”) and Sixteen Million Dollars ($16,000,000) is requested for a grant for Sustainable Transportation Infrastructure (STI), Transit-Related Amenities (TRA), or Program activities (“AHSC Grant”), as defined in the AHSC Program Guidelines.
2. That upon application approval, the City Manager [ or designee], is hereby authorized and directed to execute the State of California Standard Agreement (Standard Agreement) in a total amount not to exceed Thirty-Eight Million Dollars ($38,000,000),($22,000,000 for the AHSC Loan and
16.B
CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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$16,000,000 for the AHSC Grant), as well as any and all other documents required or deemed necessary or appropriate to secure the AHSC Program funds from the Department, and all amendments thereto (collectively, the “AHSC Documents”).
SECTION 3. That the City shall be subject to the terms and conditions as specified in the Standard Agreement; funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement; the application is full is incorporated as part of the Standard Agreement; any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement; and the City hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the Notice of Funding Availability (NOFA) and Program Guidelines and Application Package.
SECTION 4.The City Manager [or designee] is authorized to execute in the name of City of Hemet (Co-Applicant) the AHSC Program Application Package and the AHSC Program Documents as required by the Department for participation in the AHSC Program.
SECTION 5.That the City acknowledges that by submitting a joint application as a co-applicant that it will be jointly and severally liable for the
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CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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completion of the Project required by the terms of any funding awarded to the City and Developer under the AHSC Program.
SECTION 6. EFFECTIVE DATE. This Resolution shall become effective on March 12, 2024.
APPROVED AND ADOPTED this _______ day of March, 2024
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 6
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the _ day of March, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
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John Paul Maier, City Clerk
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Agreement No. 24-33-074-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
REAL PROPERTY LICENSE AGREEMENT
WITH CITY OF HEMET
1. Parties and Date.
THIS LICENSE AGREEMENT (hereinafter referred to as the “Agreement”), is made this ___ day of _________________, 2024 (“Effective Date”) by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a public agency and a joint powers authority (“RCTC”) (hereinafter referred to as “Licensor”) and the City of Hemet (hereinafter referred to as “Licensee”).
2. Recitals.
2.1 Licensor is the owner in fee of certain real property commonly referred to as Assessor Parcel Numbers 443-250-010, 443-260-010, 443-224-011, 443-231-012, 443-070-014, 443-131-017, 443-201-028, and 443-271-037, Riverside County, California, as more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the “Licensor Property”)
2.2 Licensee has requested to enter onto a portion of the Licensor Property as more particularly described or depicted in Exhibit "A" attached hereto and incorporated herein by reference (the "Licensed Property").
3. Terms.
3.1 License. RCTC hereby grants the Licensee a revocable, nonexclusive, nontransferable License to: (a) construct and maintain a multi-modal bike lane and pedestrian walkway, complete with solar lighting and drought tolerant landscaping, within those designated areas of the Licensed Property (“Licensed Use”) which are described on Exhibit “B” attached hereto or such other areas as may be agreed upon by RCTC and Licensee (“Licensed Area”), and (b) to access the Licensed Property to carry out such purpose, provided, however, that Licensee’s access, ingress and egress on the Licensed Property shall be limited to the use of established roads and trails and shall not disrupt or damage any existing natural habitat on the Licensed Property (the “License”). Licensee shall abide by the Southern California Regional Rail Authority’s “Rail- with-Trail Design Guidelines”, attached hereto and incorporated by reference as Exhibit “C”, for the Licensed Use. The Parties hereby acknowledge and agree that use of the Licensed Property by the Licensee, as set forth in this Agreement, is with the consent of the RCTC and shall be considered permissive. Nothing in this Agreement shall be interpreted as, or otherwise deemed to be, a transfer or conveyance of any interest in Licensed Property whatsoever between the RCTC and Licensee. The Parties hereby acknowledge and agree that nothing in the Agreement shall be interpreted as any agreement for the lease or other use of the Licensed Property by Licensee.
3.2 Use.
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A. Licensee shall provide written notice to Licensor after receiving the grant for Licensed Use, but prior to accessing the Licensed Property (“Effective Commencement”).
B. Licensee shall use the Licensed Property solely for the Licensed Use, and shall not use it for any other purpose whatsoever.
C. No change shall be made by Licensee in the use of the Licensed Property or the Licensed Use without Licensor’s prior written approval.
D. No new construction on or improvements to the Licensed Property shall be permitted without the Licensor’s prior written approval. If improvements to the Licensed Property are allowed, Licensee agrees to maintain such improvements in good repair. Upon termination of this Agreement for any reason, Licensee agrees that RCTC is not responsible for reimbursing Licensee the costs of any improvements.
3.3 Term.
A. The term of this Agreement shall commence on the Effective Date, and shall continue in effect until terminated as provided herein (“Term”).
B. At the end of the Term, Licensor will review land values and property use and determine, in its sole discretion, if a new license will be proposed. Licensor reserves the right to not renew this Agreement or grant a new license.
C. Upon termination of this Agreement, Licensee shall remove the Licensed Use and restore the Licensed Property pursuant to the requirements set forth in Sections 3.5 and
3.28 of this Agreement.
3.4 Termination of License.
A. Notwithstanding any other term or provision of this Agreement, Licensor shall have the right to terminate this Agreement and shall have no obligation to reimburse Licensee for any of its improvements to the Licensed Property, under any of the following circumstances:
1. In the event that Licensor determines in its sole discretion that it requires the Licensed Property for its own uses, which determination shall be made by the Executive Director or his or her designee and shall not require proof or satisfaction of any legal standard of necessity. Should Licensor exercise this option, Licensor may terminate this Agreement by providing eighteen (18) months written notice to Licensee of the intent to terminate this Agreement. Licensee shall terminate the Licensed Use within thirty (30) days from the date of the written notice, but shall have eighteen (18) months from the date of the written notice to remove the improvements from the Licensed Property. Any improvements left on the Licensed Property after eighteen (18) months shall become the property of the Licensor.
2. Licensor may terminate this Agreement at any time for cause, for a breach by Licensee of any covenant or term of this Agreement, or a default by Licensee of any term or provision of this Agreement, which acts of Licensee shall include but not be limited to: (i)
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the failure by Licensee to pay any amount in full when it is due under this Agreement; or (ii) the failure by Licensee to perform any obligation under this Agreement. Notification of such termination shall be in writing.
B. Licensee may terminate this Agreement at any time for its convenience by providing written notice to Licensor and specifying the effective date of termination.
3.5 Removal of Materials. Upon termination of the Agreement for any reason, Licensee agrees to: (a) remove any equipment or materials located on the Licensed Property, (b) repair any damage to the Licensed Property that might have been caused in whole or in part, by Licensee, and (c) will return the Licensed Property to the condition it was in before Licensee’s entry onto the Licensed Property. In the event any equipment of materials are not removed within eighteen (18) months, RCTC will have the right to remove such equipment or materials and Licensee agrees to be responsible for costs of such removal.
3.6 Hazardous Materials & Underground Storage Tanks Not Permitted. Licensee covenants that it will not handle or store Hazardous Materials on the Licensed Property, and that it will not install or use any underground storage tanks on the Licensed Property.
As used in this license, “Hazardous Materials” means any chemical, substance or material which is now or becomes in the future listed, defined or regulated in any manner by any Environmental Law based upon, directly or indirectly, its properties or effects. As used in this preceding sentence, “Environmental Law” means any federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of the courts, permits or permit conditions, currently existing or as amended or adopted in the future which are or become applicable to the Licensee or the Licensor’s Property.
3.7 Maintenance and Repair.
A. Upon Effective Commencement, Licensee shall, at its own cost and subject to the approval of Licensor’s Executive Director or his or her designee, repair, maintain and utilize the Licensed Use and Licensed Property, including any fencing on the Licensed Property, in good condition and repair so that it will not at any time be a source of danger to any person or property. This includes maintaining a clear rail corridor of a minimum of fifty-five (55) feet to allow for future railroad tracks.
B. Licensee shall not remove any existing railroad tracks or ties on the Licensed Property.
C. Licensee shall provide Licensor no less than thirty (30) days written notice and shall acquire all necessary approvals from Licensor prior to Licensee’s commencement of any repair or maintenance work on the Licensed Property. Licensee shall exercise all necessary precautions for the safety of persons conducting any work on the Licensed Property on behalf of Licensee.
D. If, at any time, Licensee shall, in the judgment of Licensor, fail to maintain the Licensed Property or the Licensed Use in good condition and repair, Licensor may, at its option, perform such work itself as it deems necessary for the other uses on its property. In such
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event, Licensee agrees to pay, within fifteen (15) days after a bill is rendered therefor, the cost so incurred by Licensor. However, failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for any loss or damage occasioned thereby.
3.8 Laws and Regulations.
A. Licensee shall, at all times, be in compliance with all local, state and federal laws, rules and regulations applicable to Licensee’s use of the Licensed Property and to the Licensed Use (“Applicable Laws”).
B. Licensee shall reimburse Licensor for all costs incurred by Licensor as a result of Licensee’s failure to comply with Applicable Laws, and also such costs incurred by Licensor in abating a violation of Applicable Laws, protecting against a threatened violation of Applicable Laws, defending any claim of violation of Applicable Laws in any proceeding before any agency or court, and paying any fines or penalties imposed for such violations.
C. Licensee shall conduct its activities related to the License in compliance with all Federal, State, and local laws, statutes and the Western Riverside County Multiple Species Habitat Conservation Plan. In the event any of Licensee’s activities require the obtaining of governmental permits or approvals, Licensee and all persons conducting activities on behalf of the Licensee related to the License shall obtain and conduct its activities in accordance with such permits and approvals.
3.9 Tests and Inspections.
A. Licensor shall have the right, at any time, to inspect the Licensed Property and the Licensed Use so as to monitor compliance with this Agreement.
B. If, in Licensor’s sole judgment, any installation on, or use or condition of the Licensed Property may have an adverse effect on the Licensor’s property, adjacent property (whether or not owned by Licensor) or Licensor’s operations, Licensor shall be permitted to conduct any tests or assessments, including but not limited to environmental assessments, of, on or about the Licensed Property and the Licensed Use, as it determines to be necessary or useful to evaluate the condition of the Licensed Property and the Licensed Use. Licensee shall cooperate with Licensor in any tests or inspections deemed necessary by Licensor.
3.10 Insurance. Licensee, at its sole cost and expense, shall obtain and maintain in full force and effect insurance as required by Licensor in the amounts and coverage specified and issued by insurance companies as described on Exhibit “D.” Licensor reserves the right, to review and change the amount and type of insurance coverage it requires in connection with this Agreement. Licensee shall furnish Licensor with the insurance endorsements and certificates in the form and amounts specified in Exhibit “D,” evidencing the existence, amounts and coverage of the insurance required to be maintained hereunder, and obtain written approval of same from Licensor, prior to exercising any rights under this Agreement.
3.11 Subordinate Rights. This Agreement is subject and subordinate to the prior and future rights and obligations of Licensor, its successors and assigns, to use its property in the
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exercise of its powers and in the performance of its duties. This Agreement is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens, claims and other matters of title (hereinafter referred to as “Title Exceptions”) which may affect the Licensed Property now or hereafter, and the words “grant” or “convey” as used herein shall not be construed as a covenant against the existence of any such Title Exceptions.
3.12 Indemnity. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all losses, damages, or expenses that Licensor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of the Licensed Use or the Licensee’s use and maintenance of the Licensed Property, including, but not limited to, any such losses, damages or expenses arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics’ or other liens of any character, (d) taxes or assessments of any kind, (e) violation of any Applicable Laws including, but not limited to, Environmental Laws, or (f) interference with the use of the Licensor’s tracks. It is the intention of the parties that Licensor’s right to indemnity hereunder shall be valid and enforceable against Licensee regardless of negligence (whether active or passive) on the part of Licensor, its officers, agents and employees, unless such injury is a result of the sole negligence of the Licensor.
The indemnity and other rights afforded to Licensor by this section shall survive the revocation or termination of this Agreement.
3.13 Assumption of Risk and Waiver. To the maximum extent allowed by law, Licensee assumes any and all risk of loss, damage or injury of any kind to any person or property, including without limitation, the Licensed Use, the Licensed Property, Licensor’s property and any other property of, or under the control or custody of, Licensee, which is on or near the Licensed Use.
Licensee’s assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvement on the Licensed Property, accident or fire or other casualty on the Licensed Property, or electrical discharge, and noise or vibration resulting from Licensor’s transit operations on or near the Licensed Property.
The term “Licensor” as used in this section shall include any other persons or companies employed, retained or engaged by Licensor. Licensee, on behalf of itself and its Personnel, as a material part of the consideration for this Agreement, hereby waives all claims and demands against Licensor for any such loss, damage or injury of Licensee and/or its Personnel. In that connection, Licensee waives, for itself and its Personnel, the benefit of California 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.
The provisions of this section and of Sections 3.15, 3.17 and 3.18 shall survive the termination of this Agreement. As used in this section, “Personnel” means the Licensee, or its officers, directors, affiliates, or anyone directly or indirectly employed by Licensee or for whose acts Licensee is liable.
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3.14 Defense. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit, administrative action or other proceeding brought against Licensor by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by this Agreement for which Licensee has an obligation to assume liability for and/or to indemnify or save and hold harmless the Licensor. Licensee shall pay all the costs incident to such defense, including, but not limited to, attorneys’ fees, investigators’ fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. Any and all lawsuits or administrative actions brought or threatened on any theory of relief available at law, in equity or under the rules of any administrative agency shall be covered by this section, including, but not limited to, the theories of intentional misconduct, negligence, breach of statute or ordinance, or upon any theory created by statute or ordinance, state or federal.
3.15 Attorneys’ Fees. In any judicial or arbitration proceeding involving performance under this Agreement, or default or breach thereof, the prevailing party shall be entitled to its reasonable attorney’s fees and costs.
3.16 Successors and Assigns. All the covenants and provisions of this Agreement shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the Licensor and Licensee to the same extent and effect as the same are binding upon and insure to the benefit of the parties hereto.
3.17 Survival of Obligations. All obligations of Licensee hereunder not fully performed as of the termination or cessation of this Agreement in any manner shall survive the termination of this Agreement, including without limitation, all payment obligations with respect to fees and all obligations concerning the condition of the Licensor’s property, the Licensed Use and the Licensed Property.
3.18 Assignment. This Agreement and the license granted herein are personal to the Licensee. Licensee shall not assign or transfer (whether voluntary or involuntary) this Agreement in whole or in part, or permit any other person or entity to use the rights or privileges hereby conveyed, without the prior written consent of Licensor, which may be withheld in Licensor’s sole and absolute discretion. Any attempted act in violation of this section shall be void and without effect and give Licensor the right to immediately terminate this Agreement.
3.19 Waiver of Covenants or Conditions. The waiver by Licensor of the performance of any covenant or condition under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by it of any other covenant or condition under this Agreement.
3.20 Amendment. This Agreement may be amended at any time by the written agreement of Licensor and Licensee. All amendments to this Agreement shall be binding upon the parties despite any lack of legal consideration, so long as the same shall be in writing and executed by the parties hereto.
3.21 Revocation. If, at any time, Licensee shall fail or refuse to comply with or carry out any of the covenants herein contained, Licensor may, at its election, immediately revoke and terminate this Agreement unless a longer notice period is specifically provided for elsewhere in this Agreement.
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3.22 Abandonment. Should Licensee at anytime abandon the use of the Licensed Use or the Licensed Property, or any part thereof, or fail at any time for a continuous period of six (6) months to use the same for the purposes contemplated by this Agreement, then the Licensor may terminate this Agreement to the extent of the portion so abandoned or discontinued. In addition to any other rights or remedies, Licensor shall immediately be entitled to exclusive possession and ownership of the portion so abandoned or discontinued, without the encumbrance of this Agreement.
3.23 Eviction, Abandonment or Sale. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the Licensed Use is located, or the sale or abandonment by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance.
3.24 Condemnation. In the event all or any portion of the Licensed Property shall be taken or condemned for public use (including conveyance by deed in lieu of or in settlement of condemnation proceedings), Licensee shall receive compensation (if any) only for the taking and damage to the Licensed Use. Any other commission or damages arising out of such taking or condemnation awarded to Licensee are hereby assigned by Licensee to Licensor.
3.25 Restoration of Licensor’s Property, Claims for Costs.
A. Upon the termination, revocation, abandonment or cessation of this Agreement in any manner provided in this Agreement, Licensee, upon demand of Licensor and at Licensee’s own cost and expense, shall abandon the Licensed Use and remove it and restore the Licensed Property to the same condition in which it was prior to the placing of the Licensed Use thereon, reasonable wear and tear excepted. In no event shall Licensee have any claim against the Licensor for any of the costs of constructing, maintaining or removing the Licensed Use.
B. Should Licensor develop the rail corridor to support the San Jacinto Branch Line railroad extension, Licensee agree to remove or modify the Licensed Use of the Licensed Property to accommodate Licensor’s proposed development. Any existing tracks or ties shall not be removed by Licensee during the term of this Agreement or upon termination, revocation, abandonment or cessation.
C. In case Licensee shall fail to restore Licensed Property as aforesaid within eighteen (18) months from the date of the written notice of termination, Licensor may proceed with such work at the expense of Licensee or may assume title and ownership of the Licensed Use and any other property of Licensee located on Licensor’s property.
D. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the Licensed Use is removed and Licensed Property restored as above provided.
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3.26 Notice.
A. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served on the date it is deposited in the United States Mail, postage prepaid, addressed to City Manager, 445 E. Florida Avenue, Hemet, CA 92543.
B. Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served on the date it is deposited in the United States Mail, postage prepaid, addressed to Executive Director, 4080 Lemon Street, 3rd Floor, Riverside, CA 92501.
C. Either Licensor or Licensee may change its address for the receipt of notice by giving written notice thereof to the other party of such change.
3.27 Joint and Several. In the event that two or more parties execute this Agreement as Licensee, all the covenants and agreements of Licensee in this Agreement shall be the joint and several covenants and agreements of such parties.
3.28 Nondiscrimination. Licensee certifies and agrees that all persons employed thereby and/or the affiliates, subsidiaries, or holding companies thereof and any contractors retained thereby with respect to the Licensed Property or the Licensed Use are and shall be treated equally without regard to or because of race, religion, ancestry, national origin, or sex, and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to the Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the California Fair Employment Practices Act.
3.29 Taxes. Licensee shall be liable for and agrees to pay promptly and prior to delinquency, any tax or assessment, including but not limited to any possessory interest tax, levied by any governmental authority: (a) against the Licensed Use, the Licensed Property and/or any personal property, fixtures or equipment of Licensee used in connection therewith or (b) as a result of the Licensed Use’s operations.
3.30 Liens. Licensee shall not permit to be placed against the Licensed Property, or any part thereof, any design professionals’, mechanics’, materialmen’s, contractors’ or subcontractors’ liens with regard to Licensee’s actions upon the Licensed Property. The Licensee agrees to hold the Licensor harmless from any loss or expense, including reasonable attorneys’ fees and costs, arising from any such liens which might be filed against the Licensed Property.
3.31 Further Acts. Licensee agrees to perform any further acts and to execute and deliver in recordable form any documents which may be reasonably necessary to carry out the provisions of this Agreement, including, at Licensor’s sole discretion, the relocation of the Licensed use and the license granted by this Agreement.
3.32 Waiver of Relocation Rights. Licensee hereby waives any right to relocation assistance, moving expenses, goodwill or other payments to which Licensee might otherwise be entitled, but for this waiver and Licensor’s express right of termination, under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 United State Code Section 4601 et seq. and/or the California Relocation Assistance Law, as amended, Government Code Section 7260 et seq.
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3.33 Non-Exclusive License. The license granted by this Agreement is not exclusive and Licensor specifically reserves the right to grant other licenses within the vicinity of the Licensed Use.
3.34 Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
3.35 Captions. The Captions included in this Agreement are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this Agreement or any provision hereof, or in any way affect the interpretation of this Agreement.
3.36 Time of Essence. Time is of the essence in this Agreement.
3.37 No Recording. Licensee shall not record or permit to be recorded in the official records of Riverside County any memorandum of this Agreement or any other document giving notice of the existence of this Agreement or the license granted hereby.
3.38 Entire Agreement. This Agreement and the Exhibits hereto constitute the entire agreement between the Licensor and Licensee with respect to the subject matter hereof and supersede all prior verbal or written agreements and understandings between the parties with respect to the items set forth herein.
3.39 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County, California.
3.42 Counterparts; Facsimile Signatures. This License may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Facsimile signatures shall be considered original signatures. [SIGNATURE PAGE TO FOLLOW]
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SIGNATURE PAGE TO
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
REAL PROPERTY LICENSE AGREEMENT
WITH CITY OF HEMET
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate the day and year first above written.
Riverside County Transportation
Commission
By:
Anne Mayer, Executive Director
City of Hemet
By:
Mark Prestwich
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
Counsel to the Western Riverside
County Regional Conservation Authority
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EXHIBIT “A”
PROPERTY DESCRIPTION
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EXHIBIT “B”
LICENSED USE
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Rail Corridor
Bike & Pedestrian Design Concept
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Bike and Pedestrian Pathway
2018 Mobility Hub Concept
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100’
58’
5’ 6’ 10’ 5’6’ 10’
Pedestrian
T
rail
Landscape
RCTC Right-Of-Way
TBD
Cross-Section
Not To Scale
21’ 21’
Fencing Fencing
Two-Way
Bike PathLandscape
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Proposed
Bike &
Trail Map
Celeste Road
S. Gilbert Street
W. Menlo Avenue
W. Devonshire Avenue
N
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EXHIBIT “C”
SCRRA RAIL-WITH-TRAIL DESIGN GUIDELINES
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Southern California Regional Rail Authority
700 South Flower Street, 26th Floor
Los Angeles, California 90017-4101
RAIL-WITH-TRAIL DESIGN GUIDELINES
1.0 INTRODUCTION
1.1 Purpose
1.1.1 The Southern California Regional Rail Authority (SCRRA) Board Members have asked its st aff t o de velop Rail- with-Trail Guidelines to pr ovide uni form an d consistent standards for Rail-with-Trail design, construction and maintenance on the commuter and/or freight railroad right-of-ways. SCRRA staff worked together with the Member Agenci es staff i n pr eparing and fi nalizing t hese guideli nes. The proposed guideli nes ar e inte nded to provide mi nimum st andards and gene ral requirements for t he design, construction and maintenance of Rail-with-Trail in a manner compatible with safe operation of railroad corridors and with the rail capacity expansions envisioned for most corridors.
1.1.2 When a Rai l-with-Trail is considered for j oint use in an operating right-of-way, it should be c onsidered i n the c ontext of the important priority role of a saf e, maintainable rail transporta tion and fr eight c orridor. Rai l-with-Trail ma y a ffect SCRRA’s ability to provide commuter rail transportation and it’s obligation to the freight railroads under the Purchase and Sale and Shared Use agreements. However, Rail-with-Trail could be a community as set and when designed properly it can benefit SCRRA, Member Agency and the communities where they are located. Rail- with-Trail can reduce nuisance problems, trespassing, dumping and vandalis m; reduce illegal track crossings through channelization of pedestrians and bicyclists to grade-separated or other desi gnated cros sings; increase public awar eness of the important s ervice c ommuter and freight rail provide; inc rease pr operty value s; improve access to transi t and transit st ations; increase community aest hetics and provide alternative trans portation options. These gui delines seek to balance SCRRA’s and Member Agen cies’ m andate to provide safe and effi cient transportation to the public and the ability to meet interstate freight obligations.
1.1.3 SCRRA is t he designated track owner of the M etrolink railroad system under t he Code of Federal Regulations (CFR), Title 49 “Transpor tation”, Subtitle B “Other Regulations Rel ating To Tr ansportation”, Chapt er II “Federal Railr oad Administration, Department of Transportation”, part 213 “Track Safety Standards”, Section 5 “Responsibility of Compliance” (49 CFR 213.5). As per part 213, SCRRA is required to provide minimum safety requirements for operation and maintenance of railroad tracks that are part of the general railroad system of transportation. The minimum re quirements include roa dbed, tr ack geometr y, track str ucture, track- related devices and inspection. The se guidelines are meant to be consistent wit h these requirements.
SCRRA/Metrolink Pag e 1 02/12/04
Rail-with-Trail Design Guidelines
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1.2 Scope
These guidelines apply to the SCRRA and its Mem ber Agencies operated and maintained right-of-ways that are owned wholl y or in part by the count y trans portation Me mber Agencies. The se guidelines do not appl y to right-of-ways fully owned by t he Burlington Northern and Santa Fe Railway or Union Pacific Railroad, where SCRRA has entered into joint use agreements to operate Metrolink commuter rail service.
1.3 Defi nitions
1.3.1 Public Agency – the federal governm ent and any agencies, departm ents or subdivisions thereof; the State of California; and any county, city, city and county district, public authority, joint powers agency, municipal corporation, or any other political subdivision or public corporat ion therein, requesting and sponsoring the Rail-with-Trail project.
1.3.2 Member Agency - any specific co unty transportation agency(s), whose Property is directly affected by this projec t. The SCRRA Mem ber Agencies are the Los Angeles County Metropolitan Transpor tation Authority (MTA), the Orange County Transportation Authority (OCTA) , the Riverside County Transportation Commission (RCTC), th e San Bernardino Associated Governm ents (SANBAG), and the Ventura County Transportation Commission (VCTC).
1.3.3 Rail-with-Trail - a m arked or es tablished shared use p ath used by b icyclists, pedestrians, wheelchair users, joggers and other non-m otorized users that is located on or directly adjacent to an active railroad corridor.
1.3.4 Setback - the d istance between the cen terline of the n earest railro ad track (existing or planned) and the closest edge of the Rail-with-Trail.
1.4 Ref erenced Standards
Rail-with-Trail will also comply with the current editions of the f ollowing referenced standards:
1.4.1 Right-of-Way Preservation Guidelines adopted by the specific Member Agencies.
1.4.2 The Cali fornia De partment of Tr ansportation’s (Caltrans) “H ighway D esign Manual”, Chapter 1000, “ Bikeway Planning and Design”.
1.4.3 The U.S. Department of Transportation, Federal Highway Administration “Manual on Uniform Traffic Control Devices (MUTCD)”.
1.5 Other References
The following re ports, whi ch c an provide va luable information on the planning, de sign, maintenance and operation of the Rails-with-Trails will be referred to in the development, construction and operation of Rail-with-Trail:
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1.5.1 “Rai ls-with-Trails: Le ssons Le arned”, pre pared by U.S. De partment of Transportation.
1.5.2 “Guide for De velopment of Bi cycle Facilities”, prepared by the Ameri can Association of State Highway & Transportation Officials (AASHTO).
1.5.3 “Na tional Bicycle and Walking Study – Curre nt Planning Guidelines and Design Standards Being Used by State and Local Agencies for Bi cycle and Pedest rian Facilities”, prepared by the Federal Highway Administration.
2.0 REAL ESTATE REQUIREMENTS
2.1 Existing Facilities
2.1.1 The Public Age ncy s hould de sign t he proj ect in a ma nner that a voids any displacement of exi sting billboards, bus stops, leases and li censes on the right-of- ways. If the Member Agency agrees that the displacement is unavoidable, the Public Agency will coordinate proper disposition, including associated costs to be incurred by the Public Agency, with the affected Member Agency and in accordance to the applicable conditions contained in the existing real estate agreements.
2.2 Proposed Agreement
2.2.1 Public Agency shall obtain a license or easement agreement for the Rail-with-Trail from the Member Agency whos e right-of-way is directl y a ffected by the proje ct.
The license or easement agreement will include requirements, terms and conditions related to indemnification, license fees and compensations, assumption of risk and waiver, i nsurance, test s and inspectio ns, m aintenance and repair, breach, abandonment, reim bursement, constr uction, relocation, payments, ha zardous/toxic materials, compliance with laws etc. The Public Agency will contact the affected Member Agency to request all information related to the real estate agreement. The Member Agency will be the sole authority on the fees and compensations due from the Public Agency for the rights granted.
2.2.2 License or easement agreement will also include requirements that provide for the removal and m odification of the Rail-w ith-Trail to m eet SCRRA’s and Me mber Agency’s mission to provide passenger rail transportation and their obligations to the freight railroads to provide rail freight service. At the request of SCRRA or Member Agency, the Public Agency will remove, relocate, or modify, at its own expense, the Rail-with-Trail to a ccommodate additional track or trac ks or other railroad related facilities in the right-of-way.
2.3 Permits
Public Agency will obta in and comply with any and all appr ovals, permits, licenses and other authorizations required by applicable laws, regulatio ns, rules and ordinances for Rail-with-Trail project within the right-of-way.
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3.0 PLANNING
3.1 Feasibility Study
Public Agency is enco uraged to u ndertake a com prehensive feasibility analys is o f the project. The feasibility study should descri be the setting, the relationship to local planning docum ents, need for the project, la nd ownership, railroad activity present or future, and other inform ation necessary to de termine the f easibility. As a par t o f the feasibility study, environmental concerns should be analyzed pursuant to local, State, and Federal environm ental laws. The P ublic Ag ency should, early in the process; involve affected stakeholders s uch as freight ra ilroads, utility c ompanies, law enf orcement officials, adjacent landowners, Rail-with-Trail user groups, transportation, public transit, park and recreation departments. The feasibility study should include viable alternatives to any Rail-with-Tr ail that are pro posed w ithin an a ctive righ t-of-way. The Public Agency is encouraged to identify and evaluate multiple alternative alignments, including at least one that is not on the railroad right-of-way.
3.2 Safety Plan
Public Agency is encou raged to dev elop a pub lic safety plan that includes engineering, maintenance standards, trespassing and crim e prevention strategy; appropriate dam age- resistant construction m aterials; landscapin g; provide secure access areas, barrier systems, video m onitoring; coordinated and responsive patrol serv ice, designating and enforcing rules and regulations; em ploying crime prevention strategies, su ch as education, infor mal signage, incident m anagement; provide fire and police departm ent with map of the system detailing access points and implementation schedule.
4.0 DESIG N
4.1 Submit tal
After review and approval of the feasibil ity report and safety plan by SCRRA and affected Member Agency, the Public Agency should subm it two sets of design drawings each to SCRRA and M ember Agency for review and approval. Any a nd all changes or modification during the design a nd construction that affect the rail right-of-way should also be submitted to SCRRA and Member Agency for review and approval.
4.2 Design Standards
4.2.1 Rail-with-Trail widths, clearances, sight distances, signs, markings, drainage grates, manhole covers etc. wil l be sel ected as per Ca ltrans “Highway Design Manual”, Chapter 1000, “Bikeway Planning and Design”. MUTC D guidelines will also be referred to in the selection of signs, markings and signals.
4.2.2 If the Rail-with-Trail project creates an adverse impact at a grade crossing that did not previously exist, the Rail-with-Trail project will include mitigation as part of the design. The Rail-with-Trail design should acknowledge any future rail and highway
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improvements; and safety requirements, including but not limited to, turning radii for design vehicles, preemption timing, street profiles and rail and traffic signals at grade crossings. The Public Agency will work with SCRRA, affected Member Agency and regulatory agency so as not to hamper or precl ude s uch i mprovements and requirements.
4.3 C learances
4.3.1 Rail-with-Trail shall be designed along the outer edges of the right-of-way adjacent to the property line, to the extent feasible.
4.3.2 Rail-with-Trail will be designed so as to maximize the Setback between the centerline of the nearest track (existing or future) and t he closest edge of the Rail- with-Trail to the extent feasible. The Setback clearance will take into consideration the t ype, speed and fr equency of t rains; separation tec hnique, topography; sight distances; and SCRRA’s maintenance requirements.
4.3.3 The recommended minimum Setbacks are 45 feet of any main line track where the train speeds exceed 90 mph; 40 feet where main line speed is between 90 mph and 79 mph; 35 feet where mai n line speed is between 78 mph and 60 mph; 30 feet where main line speed is between 59 mph and 40 mph; and 25 feet where mainline speed is below 40 mph.
4.3.4 It may not be possible to provide recommended minimum Setbacks at certain points.
While a railroad right-of-way may be sufficiently wide, the tracks may be within a narrow cut or fill section or adjacent to bluffs making placement of Rail-with-Trail very difficult. Safety will not be compromised at such points. Additional barriers, vertical separation or other methods will be employed.
4.4 Grade Crossings
4.4.1 California Public U tilities Commission (CPUC) appr oval is necessary for the construction of a new grade crossing. P ublic Utilities (PU) Code Sections 1201- 1220 require that no public road, highway, or street shall be constructed across the track of any railroad corporation at-grade without having first secured the permission of the Commission. Rail-with-Trail will be designed such that Rail-with-Trail users are routed to an existing signalized grade crossing.
4.4.2 SCRRA ha s esta blished gra de c rossing gui delines. These guideli nes have requirements for safe construction and maintenance of grade crossings and include SCRRA policy, regulatory responsibility, approval process, design criteria and other important re quirements. Rail- with-Trail design a nd construction should me et t he requirements shown on these guidelines.
4.5 Surface
If the Rail-with-Trail is the only access f or SCRRA and emergency response vehicles, the
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Rail-with-Trail surface and bridges will be designed and constructed to accommodate heavy railroad trucks and equipment. When access for SCRRA and emergency response vehicles is available from an existing street, the Rail-with-Trail will be designed and constructed with curb ramps and pavement surface to accommodate heavy railroad trucks and equipment at pre-selected access points only. Choice of Rail-with-Trail pavement material and depth of sub-base, base an d pavement will be dete rmined by the Public Ag ency based on soun d engineering design and judgment.
4.6 Utilities
4.6.1 Public Agency will locate the existing SCRRA signal and trac k facilities on their plans during the design phase at Public Agency costs and e xpenses. The proj ect should be designed to avoid any relocation of the existing SCRRA facilities.
4.6.2 After the acceptance of plans by SCRRA and Member Agency, the Public Agency will submit and obtain wr itten approval of de sign drawings f rom telecommunications, fiber optic, gas, oil or other companies that have prior use of the right-of-way under easement or license agreements. The design and construction of the Rail-with-Trail may affect the existing utilities and may require the Rail-with- Trail to be changed to accommodate utilities.
4.6.3 The Public Age ncy s hould noti fy th e appr opriate re gional noti fication ce nter [Underground Service Alert (DIGALERT) at (800)-227-2600], railway companies, and utility companies prior to performing any excavation close to any underground pipeline, conduit, duct, wire, or other structure.
4.7 Landsc aping
Landscaping, will meet the re quirements included in “Landscaping Design Guidelines” published by SCRRA and/or guidelines published by Member Agencies.
4.8 Fe ncing
4.8.1 If there is no exi sting fence, the Public Agency, at its sole cost and expense, will install tubul ar steel fe ncing or welde d wire m esh fenc ing as pe r SCRR A Engineering Standard ES2911-01 or ES2911-02 respectively. The fence will be located at the edge of the Rail-with-Trail. Exceptions may be granted by SCRRA, if the Rail-with-Trail design includes mitigation measures that include best practices to ensure safe trail use and rail operat ions, as per Secti on 8.0 of t hese guidelines.
Public Agency will install gates having SCRRA locks to access the right-of-way for maintenance pur poses at loca tions provided by SCR RA. Pub lic Agency should install “No Trespassing” warning signs as per SCRRA Engineering Standard No. 4212.
4.8.2 A three rail split-rail fence in combination with landscaping which can serve both as a visual and physical barrier between the track and the Rail-with-Trail may be used in a rural or environm entally sensitive areas if approved by SCRRA and Mem ber
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Agency. Since newly planted landscaping may take a few years before they become effective barriers, suitab le temporary me asures may be required until the landscaping have sufficiently matured.
4.8.3 The height of the fence wi thin 150 feet of at-grade crossings will be four (4) feet.
The height of the fence in the balance of the right-of-way will be at least six (6) feet.
4.9 Lighting
Public Agency should provide lighting for the Rail-with-Trail if required by the local, state or federal guidelines, rules and regulations.
4.10 Drainage
4.10.1 Public Agency, at its sole cost and e xpense, will provide and m aintain suitable facilities f or draining th e Rail-with- Trail area a nd will not perm it stor m and irrigation w ater to flow or collect upon the right-of-way. The Public Agency should not have the sole responsibility to correct any existing drainage deficiencies on the right-of -way, however, the Public Agency will not m ake the conditions any worse than existing prior to the Rail-with Trail construction on the right-of-way.
4.10.2 The Rail-with-Trail and th e area located between the Rail-with-Trail and the nearest railroad track should be graded to flow over the curb and onto the street, when the railroad track is at the high er elevation than the surrounding ground and the street. When the railroad track is at a lower elevati on than the surrounding ground and the street, a flat bottom swal e (ditch) properly sized and flowing towards an existing or proposed stormwater facilities, such as inlet, underground pipe, swale, creek, wash or channel will be constructed.
4.10.3 Mounding of earth on the right-o f-way may be perm itted only if it will not adversely affect access, railroad maintenance activities, visibility and drainage on the right-of-way. The Public Agency should subm it drawings showing the existing and proposed contour elevations to SC RRA and M ember Agency. The final contour elevations will be approved solely by SCRRA and Member Agency.
If allowed, imported soil will meet the Member Agencies’ specifications for clean backfill material.
4.11 A ccess
4.11.1 SCRRA and Member Agency mu st be able to readily acc ess, inspect, repair and maintain dr ainage sy stems, bridges, tie and tr ack replacement, tunnel and trestle, signal a nd communica tions e quipments and gr ade crossi ng equi pments fr om existing roadways. Utility companies must be able to readily access their facilities for maintenance and operation purposes.
4.11.2 The use of m otorized vehi cles i s prohibit ed on the Rail-with- Trail, except for
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authorized emergency and maintenance vehicles including SCRRA and Member Agency maintenance vehicles. Horses and other animals are not permitted, except for guide or service dogs. Appropriate signage will be placed at all entrances to the trail designating restricted use not foreseen in the design of the Rail-with-Trail.
4.11.3 The Rail-with-Trail shall be subject to and subordinate to the rights of all current and future tenants and licensees of Member Agencies, including the rights of reasonable access over the Rail-with-Trail project.
5.0 CONSTRUCTION
5.0.1 Public Agency shall com ply with the rules and regulations contained in the current editions of the following SCRRA docum ents during the construction of the pro ject: (i) Right-of-Entry ag reement (SCRRA For m No. 6), (ii) R ules and Requirements for Construction on Railroad Property (SCRRA Form No. 37), (iii) General Saf ety Regulations f or Con struction/Maintenance A ctivity on R ailway Property, and (iv) Applicable SCRRA Engineering Standards.
5.0.2 SCRRA and Me mber Agencies do not a llow any approved parties to cause or permit any hazardous m aterials to be brought upon, stored, used, generated, o r treated on or about the right-of-way. The Public Agency will not bring in or use any imported soils unless it has been tested.
6.0 MAINTENANCE
6.0.1 Public Agency shall m aintain the Rail-with-Trail, fence, gates, signs, landscaping, and any other im provements that are part of the licensed Rail-with- Trail project area, in good order and condition to the satisfaction of SCRRA and Member Agency, at its own cost and expense.
6.0.2 Public Agency shall notify SCRRA five (5) working days in advance of any construction or m aintenance activity that will occur within the right-of-way.
Public Agency shall be responsible to reim burse SCRRA the actual cost and expense incurred by SCRRA for all servi ces and work perf ormed in connection with the project including a computed surcharge representing SCRRA’s costs for administration and management.
6.0.3 Public Agen cy will insu re that warn ing signs, w hich explain the im portance of staying on author ized Rail-with- Trail only, and off railroad property, are prominently displayed and regularly m aintained. SCRRA a nd Member Agency will rely on the Public Agency to enforce trespassing and vandalism laws. Public Agency Police will provide patrols, respond as needed and issue citations and warning as appropriate.
7.0 FUNDI NG
SCRRA does not provide funding for Rail-with-Trail projects on the right-of-way.
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8.0 EXCEPTIONS
8.0.1 Topography, environment, right-of-way widt hs, obstructions, utilities etc., may make it difficult to follow all the require ments of these guidelines. In order to strike a balance between SCRRA and Member Agencies’ mandate to provide safe and efficient transportation to the public an d the ability to meet interstate freight obligations and aesthetic benefits o ffered by the Rail-with-Trail, SCRRA may grant deviations or variances from these guidelines provided that the project as a whole is consistent with the overall intent of the guidelines.
8.0.2 The Public Agency will prepare an engi neering report showing in precise details the changes and deviations and provide support for their position.
8.1 Minor Deviations
The SCRRA Director of Maintenance and Engineering may permit minor deviations from these guidelines. Minor deviations, which would be considered, are as follows:
• Vertical separation between the tracks a nd the Rail-with-Trail, which could enhance safety and railroad operations, maintenance and construction issues and activities. • Locations where a minor deviation granted for a short segment or segments of the Rail-with-Trail would enable successful developm ent of a lengthier segment of the Rail-with-Trail in accordance with these guidelines.
• Circumstances where short or minor deviat ions from the guidelines would produce significant benefits for the Rail-with-Trail.
• Other approved measures, which could enhance safety and railroad operations, maintenance and construction issues and activities.
8.2 Major Deviations
SCRRA Chief Executive Officer with affected Member Agency concurrence on a case- by-case basis may permit major deviations consistent with the overall intent of these Guidelines. Major deviations are those that require the entire Rail-with-Trail to deviate from the most important safety and rail related requirements of these guidelines.
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17336.00603\41984914.2
EXHIBIT “D”
INSURANCE PROVISIONS
The LICENSEE shall obtain, and shall require any consultant or contractor entering the PROPERTY on its behalf to obtain insurance of the types and in the amounts described below and satisfactory to the LICENSOR.
A. Commercial General Liability Insurance . The LICENSEE shall maintain occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than two million dollars ($2,000,000) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Right of Entry or be no less than two times the occurrence limit. Such insurance shall:
1. Include the LICENSOR its officials, officers, employees, agents, and consultants as additional insureds with respect to the use of the PROPERTY and shall contain no special limitations on the scope of coverage or the protection afforded to the additional insureds;
2. Be primary with respect to any insurance or self-insurance programs covering the LICENSOR, its officials, officers, employees, agents and consultants; and
3. Contain standard separation of insured provisions.
B. Workers’ Compensation Insurance. The LICENSEE shall maintain workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000 each accident.
C. Certificates of Insurance . The LICENSEE shall, prior to entering the PROPERTY, furnish the LICENSOR with properly executed certificates of insurance and, if requested by the LICENSOR, certified copies of endorsements and policies, which clearly evidence all insurance required under this Right of Entry and provide that such insurance shall be not canceled, allowed to expire or be materially reduced in coverage, except on thirty (30) days’ prior written notice to the LICENSOR. The LICENSOR shall have the sole discretion to determine whether the certificates and endorsements presented comply with the provisions of this Right of Entry.
D. Coverage Maintenance. The LICENSEE shall replace certificates, policies and endorsements for any insurance expiring prior to the termination of this Right of Entry. Unless otherwise provided for in this Right of Entry, the LICENSEE shall maintain such insurance from the execution of this Right of Entry until completion of the agreed use of the LICENSOR’s property is complete and the PROPERTY is fully restored, except as otherwise provided in this Right of Entry.
E. Licensed Insurer. The LICENSEE shall place such insurance with insurers having A.M. Best Company ratings of no less than A:VIII and licensed to do business in California, unless otherwise approved, in writing, by the LICENSOR.
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AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES ( AHSC)
IMPLEMENTATION AND
COOPERATION AGREEMENT
THIS AHSC IMPLEMENTATION AND COOPERATION AGREEMENT (the "Agreement") is made and entered into as of this day of March ____, 2024 between the RIVERSIDE TRANSIT AGENCY ("RTA") and CITY OF HEMET ("CITY"). RTA and CITY may each hereinafter also be referred to singularly as a "Party" and collectively as "Parties". This Agreement is entered upon the basis of the following facts, understanding, and intentions of the Parties, which are hereby incorporated into this Agreement:
A. The State of California, the Strategic Growth Council ("SGC") and the Department of Housing and Community Development ("HCD") issued a Notice of Funding Availability dated January 19, 202 4 (the "AHSC NOFA"), under the Affordable Housing and Sustainable Communities ("AHSC ") Program established under Division 44, Part 1 of the Public Resources Code, commencing with Section 75200.
B. CITY is applying for AHSC Funds in response to the AHSC NOFA to provide funding for (A) the construction of certain sustainable transportation infrastructure (the "STI Improvements"); and (B) the construction of certain transportation related amenities (the "TRA Improvements"). These improvements are described in more detail in the Final Application that will be submitted by March 19, 2024 (collectively the "AHSC Application").
C. The AHSC Application seeks an award to CITY in an aggregate not to exceed amount of $ 15,000,000 of AHSC grant funds for the purpose of reimbursing the cost of the STI and TRA Improvements.
The AHSC grants shall be referred to collectively as the "AHSC Grants".
D. RTA and CITY are entering into this Agreement in order to assist CITY to comply with the specific AHSC Program Threshold Requirement stated in Section 106 ( b) 7 (C) of the 20 23 AHSC Program Guidelines dated December 14, 20 23, as amended (the "Transportation Agency Non - Applicant Prior Experience Threshold Requirement"). This section of the guidelines dictates that applicants must demonstrate prior experience by providing evidence of at least two (2) prior projects that are similar to the proposed AHSC project in scope and size, which have been completed by the applicant, or joint applicant, during the ten (10) years preceding the application due date. This section of the guidelines also states that
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the applicants may demonstrate the requisite experience by using the past experience of work completed of a non- applicant for the completion of the related work in the AHSC Application for which funding is sought. The purpose of this Agreement is to , amongst other things, assist CITY in complying with the Transportation Agency Non-Applicant Prior Experience Threshold Requirement for its AHSC application.
E. RTA is a non- applicant, but , as set forth herein, agrees to be responsible for the following STI and TRA Improvements in the AHSC Application (the "Transportation Obligations"):
1. Constructing the Hemet Mobility Hub;
2. Confirming that the five (5) bus stop improvements are consistent with RTA Bus Stop Design guidelines;
3. Purchasing amenities for the five (5) bus stop improvements;
4. Available as a general resource for project support and liaison between the City and County agencies, as necessary;
5. Provide readily available data needed for grant reports.
F. RTA can demonstrate prior experience and provide evidence of at least two (2) prior projects that are similar in scope and size which have been completed during the ten years preceding March 19 , 2024. Below is a list of these projects:
1. Bus Stop Improvements including civil improvements and installation of shelters/benches and trash cans at various locations throughout the service area: 12 bus stop
improvements completed in November 2022 and 8 bus stop
improvements completed in October of 2023
2. Vine Street Mobility Hub, City of Riverside: Completed in 2023
RTA shall be the lead for the Transportation Obligations and will be reimbursed by CITY for all costs and expenses related thereto; CITY Obligations shall include constructing the Pedestrian and Bicycle Corridor from Menlo to Palm , the Class 4 Bikeway on Menlo f rom Palm to Santa Fe, Sidewalk Improvements on Menlo, civil work and installation of amenities for the 5 bus stops, and for all costs and expenses related thereto.
In connection with the AHSC Grants, CITY is required to enter into standard agreements, disbursement agreements, and regulatory agreements with HCD where CITY will be liable for the full and timely performance by the Parties to complete the obligations set forth therein, including completion of the STI and TRA Improvements, as described in the AHSC Application.
The AHSC Application and all standard agreements, disbursement
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agreements, regulatory agreements, and any other agreements required by HCD in connection with the AHSC Financing shall be collectively referred to herein as the "AHSC Documents".
G. RTA and CITY each acknowledge and agree that the inability or failure by either Party to fully and timely complete each Party's respective improvements required by the AHSC Documents may affect the timing and right of the other Party to receive disbursement of AHSC funds due to the other Party notwithstanding the other Party's full and timely performance of its obligations.
NOW, THEREFORE, in consideration of the recitals, covenants, and agreements set forth herein , and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto hereby agree as follows:
AGREEMENT
1. Obligations. RTA shall, in its sole responsibility, complete the Transportation Obligations in accordance with the terms of the AHSC Documents and its approved design and construction documents and in accordance with the terms of this Agreement. CITY shall, in its sole responsibility, complete the City Obligations in accordance with the terms of the AHSC Documents and the approved design and construction documents. Each Party will provide the other Party with copies of all requisitions for work related to their respective work, the notice of completion, and other documents related to their respective work that another Party may reasonably request.
2. Schedule of Performance: Progress Reports . CITY and RTA shall comply with the schedule of performance to be mutually agreed upon, as shall be set forth in the AHSC Documents (the "Schedule of Performance"); provided, however, RTA shall not be obligated to comply with any changes to the Schedule of Performance included within the AHSC Documents unless RTA has consented to such changes. RTA and CITY agree to give the other Party a written quarterly status report on the progress toward the milestones listed in the Schedule of Performance, i.e., CITY will report on CITY 's progress on the City Obligations and RTA will report on RTA's progress on the Transportation Obligations. If either Party anticipates delays in meeting the targeted construction and grant disbursement milestones as established in the AHSC Documents, that Party shall promptly notify the other Party in writing and meet with the other Party to discuss the reasons why the milestone dates may not be met and the actions the delayed Party will take to meet the milestones or otherwise rectify the work schedule in order to maintain good standing with the terms and
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conditions established in the AHSC Document.
3. Payment. CITY agrees to reimburse RTA a not -to-exceed amount of seven million, seventy-five thousand, one hundred and fifteen US dollars ($7,075,115) for its full and complete performance of the STI Improvements and TRA Improvements under this Agreement. RTA shall invoice CITY monthly for payments corresponding with work completed by its contractors for each specific Transportation Obligations. CITY agrees to reimburse RTA for the eligible and allowable costs completed under this Agreement.
4. Delegation. Notwithstanding the obligations of each Party under this Agreement, each Party shall be entitled to enter into sub- agreements with each other or with other parties to provide any assistance or services needed for each Party to perform its obligations under this Agreement and the AHSC Documents.
5. Cost Overruns. CITY shall be responsible for paying all costs required to complete the CITY Obligations, irrespective of whether such costs exceed the AHSC Grants.
6. Disbursement of AHSC Grant Funds . CITY and RTA agree that the AHSC Grants for the Transportation Obligations shall be disbursed to CITY who will pass through the funds to RTA as set forth above in Item 3 . Notwithstanding the foregoing, if required by the AHSC Documents, RTA shall submit to CITY all draw requests for AHSC Grant funds for the costs associated with the Transportation Obligations and CITY shall timely submit such requests to HCD and immediately disburse to RTA any such funds received from HCD. RTA shall apply any such proceeds received to pay the expenses submitted in connection with the draw request. Failure of CITY to timely submit RTA draw requests to HCD or to immediately disburse any funds received from HCD for the Transportation Obligations to RTA shall be a default under this Agreement and shall excuse RTA from performance of the
Transportation Obligations.
7. Implementation Agreements. RTA and CITY recognize that each Party may need additional assurances from the other Party regarding the AHSC Grant before commencement of construction of the City Obligations and the Transportation Obligations, including assurances for lenders and investors. The Parties agree to cooperate and coordinate with each other in all activities covered by this Agreement, including any implementation agreements necessary to provide reasonable assurances and indemnifications. CITY recognizes that any such amendments to this Agreement, Implementation
Agreements may require approval by the RTA Board of Directors.
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8. Notices. Formal notices, demands, and communications between the Parties shall be sufficiently given if, and shall not be deemed given unless, dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the Parties as follows:
RTA: Kristin Warsinski, Chief Executive Officer
1825 Third Street
Riverside, CA 92507
[email protected]
951.565.5136
CITY: Mark Prestwich, City Manager
445 E. Florida Avenue
Hemet, CA 92543
[email protected]
951-765-2301
9. Event of Default.
a. In the event either Party defaults in the performance of any of its obligations under this Agreement or breaches any of the provisions of this Agreement, the defaulting Party will have thirty (30) days to cure the default after written notice of such default has been delivered to the defaulting Party in
accordance with Section 8 above, or as otherwise agreed to by the Parties. If the default is not timely cured, the non-defaulting Party shall have the option to terminate this Agreement upon thirty (30) days prior written notice to the other Party. Upon receipt of said termination notice, the defaulting Party shall immediately cease work, unless the notice provides otherwise. b. Should the Agreement terminate due to an event of default described in Subsection (a) of this Section, RTA shall submit an invoice to CITY for work and/or services performed prior to the date of termination. CITY shall pay RTA for work and/or services provided up to the date of termination in compliance with this Agreement.
10. Termination. This Agreement shall terminate upon the earlier of (i) completion of all the obligations under the AHSC Documents related to the Transportation Obligations; (ii) mutual agreement of the Parties
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hereto; or (iii) an Event of Default pursuant to Section 9 above.
11. Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise upon any entity or person not a party hereto.
12. Assignment. Neither this Agreement nor any interest herein nor claim hereunder may be assigned by CITY either voluntarily or by operation of law, nor may all or any part of this Agreement be subcontracted by CITY, without the prior written consent of RTA. Consent by RTA shall not be deemed to relieve CITY of its obligations to comply fully with all terms and conditions of this Agreement.
13. Insurance. CITY to insure its activities in connection with this Agreement and obtain, keep in force, and maintain insurance as follows:
a. Commercial Form General Liability Insurance (contractual liability included) with a limit of $5 ,000,000 per occurrence, $10,000,000 aggregate.
b. Business Automobile Liability for Owned, Scheduled, Non- Owned or Hired Automobiles with a combined single limit of not less than $2,000,000 per occurrence, $4,000,000
aggregate.
c. Workers' Compensation as required under California State Law.
d. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(i) Additional Insured Status. RTA and its officers,
officials, employees, and volunteers are to be covered
as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the CITY including materials, parts, or equipment furnished in connection with such work
or
operations. General liability coverage can be provided in the form of an endorsement to the RTA's insurance
(at least as broad as ISO Form CG 20 10 11 85 or both
CG 2010 and CG 20 37 forms if later revisions used).
16.B
(ii) Primary Coverage. For any claims related to this
contract, CITY's insurance coverage shall be primary
insurance as respects the RTA and its officers, officials, employees, or volunteers. Any insurance or self -
insurance maintained by RTA or its officers, officials , employees, agents, consultants or volunteers shall be
excess of the CITY's insurance and shall not contribute with it.
(iii) Notice of Cancellation. Each insurance policy
required above shall state that coverage shall not be
canceled, except with notice to RTA.
(iv) Waiver of Subrogation. CITY hereby grants to RTA a waiver of any right to subrogation which any insurer of said CITY may acquire against RTA by virtue of the
payment the payment of any loss under such
insurance. CITY agrees to agree to obtain any
endorsement that may be necessary to affect this
regardless of whether or not the RTA has received a
waiver of subrogation endorsement from the insurer.
If the above insurance is written on a claims-made form, it shall continue for three years following termination of this Agreement. The insurance shall have a retroactive date
of placement prior to or coinciding with the effective date of this Agreement. It should be expressly
understood, however, that the coverage's required
under this paragraph 13 shall not in any way limit the liability of CITY. The coverage referred to under sections a and b of this paragraph 13 shall be endorsed to
include the
'Riverside Transit Agency· as an
Additional Insured. Such a provision, however, shall only apply in proportion to and to the extent of the negligent acts or omissions of CITY, its officers, agents, or
employees. CITY, upon the execution of this
Agreement, shall furnish the RTA with Certificates of
Insurance evidencing compliance with all requirements.
Certificates shall further provide for thirty (30) days advance written.
14. Indemnification. CITY is responsible for carrying out the Transit Obligations using AHSC grant proceeds in accordance with the AHSC Documents, including, but not limited to, any disbursement deadlines contained therein. C ITY shall indemnify, defend, protect, and hold
16.B
harmless RTA, and its affiliates , directors, officers, partners, members, agents and employees (each, an " RTA Indemnified Party") against any and all claims, actions, suits, causes of action, losses, liabilities, injuries, costs, damages, or expenses (collectively, "Claims"), including, without limitation, any direct, indirect or consequential loss, liability, dam age, or expense, COURT costs and attorneys' fees, arising out of or in connection with the C ITY's performance of or failure to perform its obligations to complete the Transportation Obligations, in the manner and within the time periods, and to otherwise perform any covenants constituting C ITY obligations, set forth in the AHSC Documents, including any claims, losses or liabilities of RTA caused by a breach or default under the AHSC Documents that triggers a default under the AHSC Loan. However, in no event shall the RTA Indemnified Party be indemnified hereunder for any Claims resulting from such party's sole negligence or willful misconduct. C ITY agrees to pay all of the RTA Indemnified Party's costs and expenses, including attorneys' fees, which may be incurred in any effort to enforce any term of this Agreement, including, but not limited to, all such costs and expenses which may be incurred by any RTA Indemnified Party in any legal action, reference or arbitration proceeding brought by HCD or other third party to enforce a term of this Agreement not complied with by the CITY.
RTA is responsible for carrying out the RTA Obligations using AHSC grant proceeds and AHSC Loan funds in accordance with the AHSC Documents, including, but not limited to, any disbursement deadlines contained. RTA shall indemnify, defend, protect, and hold harmless the CITY and its affiliates, directors, officers, partners, members, agents and employees (each, an "C ITY Indemnified Party") against any and all Claims, including, without limitation, any direct, indirect or consequential loss, liability, damage, or expense, court costs and attorneys' fees, arising out of or in connection with RTA 's performance of or failure to perform its RTA Obligations to complete construction and development of the Housing Development, in the manner and within the time periods, and to otherwise perform any covenants, set forth in the AHSC Documents. However, in no event shall the C ITY Indemnified Party be indemnified hereunder for any Claims resulting from such party's sole negligence or willful misconduct. RTA agrees to pay all of the costs and expenses of the CITY Indemnified Party, including attorneys' fees, which may be incurred in any effort to enforce any term of this Agreement, including, but not limited to, all such costs and expenses which may be incurred by any CITY Indemnified Party in any legal action, reference or arbitration proceeding brought by HCD or other third party to enforce a term of this Agreement not complied with by the RTA
.
16.B
15. Miscellaneous.
a. Nothing in this Agreement shall be construed to limit any claim or right which any Party may otherwise have at any time against an indemnitor or any other person arising from any source other than this Agreement, including any claim for fraud, misrepresentation, waste, or breach of contract other than this Agreement, and any rights of contribution or indemnity under any federal or state law, regulation or ordinance.
b. The failure by either Party to insist in any one or more instances upon performance by the other Party of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of that Party's right to such performance or to future performance of such term(s) or condition(s) and the Party's obligation in respect thereto shall continue in full force and effect. All rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
c. This Agreement shall be binding upon and inure to the benefit of each of the Parties hereto and their respective
representatives, heirs, executor, administrators, successors and assigns Changes to any portion of this Agreement shall not be binding except when specifically confirmed in writing by an authorized representative of both Parties by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
d. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, and the Parties covenant and agree to submit to the personal jurisdiction of such court in the event of such action.
e. This Agreement may be executed and delivered in multiple counterpart copies, any one of which when duly executed, with
16.B
all formalities hereof, shall be fully binding and effective as the original of this Agreement.
f. This Agreement shall be effective as of the date first written above; provided, however, that in the event that the Parties do not receive an award of the AHSC Financing, this Agreement shall automatically terminate and be of no further force or effect.
g. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and
condition(s) of this Agreement between CITY and RTA and it supersedes all prior representations , understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of the other term(s) or condition(s) of this Agreement.
h. Each Party shall comply with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules and regulations promulgated thereunder.
16. Force Majeure. Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants, or facilities by the federal, state , or local government ; national fuel shortage; or a material act or omission by the other Party ; when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
16.B
Each of the undersigned hereby executes this Agreement in the spaces provided below to evidence their respective agreement to the terms of this Agreement.
RTA
RIVERSIDE TRANSIT AGENCY
By:____________________________
Name: Kristin Warsinski
Its: Chief Executive Officer
APPROVED AS TO FORM:
By:_____________________________
Name: Barbara Raileanu
Its: General Counsel
City of Hemet:
By: ____________________________
Name: Mark Prestwich
Its: City Manager
16.B