Tuesday, February 27, 2024
Regular Meeting –
5:00 PM
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted by 5:00 p.m. on
February 23, 2024
at the main entrance to the Lancaster City Hall
44933 Fern Avenue, Lancaster, CA 93534
LEGISLATIVE BODY
City Council/Successor Agency/Financing/Power Authority Mayor/Chair R. Rex Parris
Vice Mayor/Vice Chair Marvin Crist
Council Member/Agency Director/Authority Lauren Hughes-Leslie Council Member/Agency Director/Authority Member
Raj Malhi Council Member/Agency Director/Authority Member Ken Mann
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/27/2024
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AGENDA ITEMS TO BE REMOVED
Sometimes
it
is
necessary
to
remove
items
from
the
agenda.
We
apologize
for
any
inconvenience
this
may cause you.
PUBLIC BUSINESS FROM THE FLOOR - AGENDIZED ITEMS
Any
person
who
would
like
to
address
the
Legislative
Bodies
on
any
agendized
item
is
requested
to
complete
a
speaker
card
for
the
City
Clerk/Agency/Authority
Secretary
and
identify
the
agenda
item
you
would
like
to
discuss.
Each
person
will
be
given
an
opportunity
to
address
the
Legislative
Body
at
the
time
such
item
is
discussed.
Speaker
cards
are
available
at
the
rear
of
the
Council
Chambers
and
your
speaker
card
must
be
filled
out
prior
to
the
agenda
item
being
called.
We
respectfully
request
that
you
fill
the
cards
out
completely
and
as
clearly
as
possible.
Following
this
procedure
will
allow
for
a
smooth
and
timely
process
for
the
meeting
and
we
appreciate
your
cooperation.
Individual speakers are limited to three (3) minutes each.
Consent
Calendar
items
under
the
Legislative
Body
may
be
acted
upon
with
one
motion,
a
second
and
the
vote.
If
you
desire
to
speak
on
an
item
or
items
on
the
Consent
Calendar,
you
may
fill
out
one
speaker
card
for
the
Consent
Calendar.
You
will
be
given
three
minutes,
unless
a
different
time
limit
is
announced,
to
address
your
concerns
before
the
Legislative
Body
takes
action
on
the
Consent
Calendar.
CALL TO ORDER
City Council/Successor Agency/Financing/Power Authority
ROLL CALL
City Council Members /Agency Directors /Authority Members: Hughes-Leslie, Malhi, Mann; Vice Mayor/ Vice Chair Crist, Mayor/Chair Parris
INVOCATION
John Meadors, Christian Life Assembly
PLEDGE OF ALLEGIANCE
PRESENTATIONS
1. Sheriff Explorer Recognition
Presenters: Mayor R. Rex Parris & Jason Caudle, City Manager
2. BLVD Association Annual Report
Presenters: Nicole Jones & Arzrun Minasyan
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/27/2024
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COUNCIL ACTIONS
CONSENT CALENDAR
3. Voices of Youth Mayor Recognition
Presenters: Van Roberts
4. Commendation for the LANCAP Team
Presenters: Mayor R. Rex Parris & Jason Caudle, City Manager
SUCCESSOR AGENCY - CONSENT CALENDAR
SA CC 1.
Consideration
for
approval
of
actions
in
connection
with
Successor
Agency-owned
parcels
related
to
compliance
with
the
Surplus
Land
Act
and
a
Purchase
and
Sale
Agreement
with
the City of Lancaster
Recommendation(s):
1. Adopt
Resolution
No.
____
,
declaring
the
following
Successor
Agency-owned
property
as “exempt surplus land” pursuant to Government Code Section 54221 (f)(1)(d).
2. Adopt
Resolution
No.
_____
,
approving
the
proposed
purchase
and
sale
agreements
for
various
Successor
Agency-owned
properties
between
the
Successor
Agency
and
the
City
of
Lancaster.
3. Authorize the Executive Director, or his designee, to execute all related documents.
This
action
will
effectuate
the
disposition
of
110
of
the
remaining
Successor
Agency
parcels,
thus
making
substantial
progress
in
the
wind-down
of
the
Successor
Agency.
Staff
will
continue
collaborating
with
brokers
to
market
the
remaining
parcels,
and
will
evaluate
opportunities
for
additional
transfers
to
the
City
where
appropriate,
based
on
available
funding and the City’s needs.
CC 1.
Waive
further
reading
of
any
proposed
ordinance.
(This
permit
reading
the
title
only
in
lieu
of
reciting the entire text.)
CC 2.
Approve
the
City
Council/Successor
Agency/Financing/Power/California
Choice
Energy
Authority Regular Meeting Minutes of February 13, 2024
CC 3.
Check Registers – January 28, 2024, through February 10, 2024.
Recommendation(s):
Approve
the
Check
and
Wire
Registers
for
January
28,
2024,
through
February
10,
2024,
in
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/27/2024
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the amount of $7,636,242.41 as presented.
At
each
regular
City
Council
Meeting,
the
City
Council
is
presented
with
a
check
and
ACH/wire
registers
listing
the
financial
claims
(invoices)
against
the
City
for
the
purchase
of
materials, supplies, services, and capital projects issued the prior three to four weeks.
CC 4.
Adopt
the
Resolution
No.
______
authorizing
application
to
and
participation
in
the
Prohousing Designation Program
Recommendation(s):
Adopt
the
Resolution
authorizing
application
to
and
participation
in
the
Prohousing
Designation Program,
authorizing the City Manager or his designee to:
A.
Submit
a
Prohousing
Designation
Program
application
to
the
California
Department
of
Housing and Community Development (HCD), and
B.
Execute
all
documents
deemed
necessary
or
appropriate
to
participate
in
the
Prohousing
Designation Program.
The
Prohousing
Designation
provides
jurisdictions
with
a
competitive
advantage
for
critical
affordable housing and infrastructure grant programs.
CC 5.
Disposition and Development Agreement with Diamond Development Partners, LLC
Recommendation(s):
1. Approve
the
Disposition
and
Development
Agreement
with
Diamond
Development
Partners,
LLC
for
the
sale
and
subsequent
development
of
one
industrial
parcel
located
in
the
Lancaster Business Park.
2. Authorize
the
City
Manager,
or
his
designee,
to
execute
(i)
the
Disposition
and
Development
Agreement
in
substantially
the
form
presented,
subject
to
non-substantive
changes
approved
by
the
City
Manager
and
City
Attorney;
and
(ii)
all
documents
necessary
or appropriate to complete the transaction.
The
City
acquired
several
prime
properties
within
the
Lancaster
Business
Park
with
the
purpose
of
fostering
quality
development
projects.
With
over
six
million
square
feet
of
industrial
development
already
in
the
pipeline,
the
proposed
project
will
offer
a
sought-out
product that is not currently being built in the City.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/27/2024
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CC 6.
Acceptance
of
Public
Works
Construction
Project
No.
22-004
-
2022
Summer
Pavement
Management Program
Recommendation(s):
Accept
the
work
constructed
by
C.A.
Rasmussen
Inc.,
for
Public
Works
Construction
Project
No.
22-004
–
2022
Summer
Pavement
Management
Program
and
direct
the
City
Clerk
to
file
the
Notice
of
Completion
for
the
project.
Retention
on
this
project
shall
be
disbursed
in
accordance with California Public Contract Code Section 22038(b).
The
proposed
project
was
the
ninth
project
funded,
in
part,
with
road
bond
funds
in
addition
to
Proposition
C
funds
and
CalRecycle
funds.
The
proposed
project
included
approximately
11.5 lane-miles
of
roadway
repair
and
rehabilitation
in
the
following
project
areas:
(1)
Division
Street
from
Avenue
I
to
Avenue
J,
and
(2)
20th
Street
West
from
Avenue
K
to
Avenue L.
CC 7.
Vacation
of
the
Public
Road
Easement
located
on
35th
Street
West,
North
of
Avenue
M-4,
as
Shown
on
Tract
Map
No.
45007,
Filed
in
Book
1110,
Pages
17 through
26 of
Official
Records
Recommendation(s):
Adopt
Resolution
No.______,
declaring
its
intention
to
vacate
the
public
Road
Easement
as
dedicated
and
shown
on
Tract
Map
No.
45007,
filed
in
Book
1110,
pages
17 through
26 of
Official
Records
and
located
on
35 Street
West,
north
of
Avenue
M-4,
in
the
City
of
Lancaster, County of Los Angeles, State of California.
Said
public
Road
Easement
was
dedicated
to
the
City
on
July
7,
1988.
City
staff
recommends
to
vacate
the
public
Road
Easement
to
prevent
illegal
passage
and
trespassing
in
the abutting neighborhood and private property fences.
CC 8.
Consideration
for
approval
of
actions
in
connection
with
Successor
Agency-owned
parcels
related
to
compliance
with
the
Surplus
Land
Act
and
a
Purchase
and
Sale
Agreement
with
the
City of Lancaster
Recommendation(s):
1. Declare
the
following
Successor
Agency-owned
property
as
“exempt
surplus
land”
pursuant to Government Code Section 54221 (f)(1)(d).
2. Adopt
Resolution
No._______
,
approving
the
proposed
purchase
and
sale
agreements
for
various
Successor
Agency-owned
properties
between
the
Successor
Agency
and
the
City
of
Lancaster.
3. Appropriate $540,000 from General Fund to Account No. 101-24000-8010.
4. Authorize the City Manager, or his designee, to execute all related documents.
Staff
will
explore
opportunities
for
infill
residential
projects
to
provide
affordable
housing
on
these sites, with a focus on home ownership programs.
CC 9.
Approval
of
Contract
Amount
with
St.
Francis
Electric,
LLC
for
Streetlight
and
Traffic
Signal Maintenance Services
Recommendation(s):
1. Increase
the
total
amount
of
the
five-year
contract
term
with
St.
Francis
Electric,
LLC
,
of
th
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/27/2024
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NEW BUSINESS
San
Leandro,
California,
for
Streetlight
and
Signal
Maintenance
Services
by
$4,807,020.00,
for a total revised contract amount of $6,008,775.
2. Authorize the City Manager or his designee to sign all documents.
Based
on
the
criterion,
the
review
panel
determined
that
SFE
was
the
most
qualified
firm
to
meet the needs of City Streetlight and Signal Maintenance Services.
CC 10.
Professional Services Agreement – Ryan Michel
Recommendation(s):
1. It
is
recommended
that
the
City
Council
approve
a
Professional
Services
Agreement
with Ryan Michel in an amount not to exceed $135,000; and
2. Authorize
the
City
Manager,
or
his
designee,
to
execute
any
amendments
to
the
Agreement
deemed
necessary
to
complete
the
project
in
a
form
approved
by
the
City
Attorney; and
3. Find
that
this
item
is
not
a
project
pursuant
to
the
California
Environmental
Quality
Act.
The
City
Manager’s
Office
is
requesting
to
enter
into
a
Professional
Services
Agreement
and
determine
Ryan
Michel
as
a
Sole
Source
vendor
for
L28
Project
Management
Support
for
a
(12)
month
agreement.
Given
Ryan
Michel’s
extensive
experience
and
unmatched
familiarity
with
the
City’s
projects
from
prior
engagements,
there
is
no
cost
advantage
in
soliciting
bids
from other vendors.
CC 11.
Amending Employee Classification and Compensation Schedule
Recommendation(s):
Adopt
Resolution
No.
___________
,
amending
Resolution
24-06,
establishing
a
compensation
schedule
for
the
classifications
of
Assistant
Chief
of
Police
of
the
City
of
Lancaster.
The
proposed
classification
and
compensation
changes
will
allow
the
Public
Safety
Department
to
continue
transitioning
into
the
Lancaster
Police
Department
and
provide
additional law enforcement resources to aid in addressing crime and quality of life issues.
NB1.
Award Professional Services Agreement for the Development of a Public Art Master Plan
Recommendation(s):
1. Award
RFP
#804-24
Development
of
a
Public
Art
Master
Plan
to
RRM
in
the
amount
of
$174,662 (cost plus 15% contingency).
2. Allocate
$174,662
from
the
general
fund
balance
to
account
number
101600005700
to
cover the cost associated with RFP #804-24.
3. Authorize
the
City
Manager
or
his
designee
to
execute
all
contracts
and
associated
documents, with non-substantive changes approved by the City Attorney.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/27/2024
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COUNCIL AGENDA
COUNCIL REPORTS
A
Public
Arts
Master
Plan
is
a
crucial
planning
document
what
will
assist
the
City
in
expanding
its
current
public
art
program,
establishing
additional
approaches
to
public
art,
developing
guidance
for
the
City's
Public
Art
Program,
identifying
resources
for
the
support
of public art throughout Lancaster, and setting priorities for public art within the City.
CA1.
Nomination and appointment of Vice Chair to the Planning Commission.
CR1.
Council Reports
LANCASTER HOUSING AUTHORITY
No action required at this time.
LANCASTER FINANCING AUTHORITY
No action required at this time.
LANCASTER POWER AUTHORITY
No action required at this time.
CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS
CITY CLERK/AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT
PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
This
portion
of
the
agenda
allows
an
individual
the
opportunity
to
address
the
Legislative
Bodies
on
any
item
NOT
ON
THE
AGENDA
regarding
City/Agency/Authority
business
and
speaker
cards
must
be
submitted
prior
to
the
beginning
of
this
portion
of
the
Agenda.
Please
complete
a
speaker
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/27/2024
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card
for
the
City
Clerk/Agency/Authority
Secretary
and
identify
the
subject
you
would
like
to
address.
We
respectfully
request
that
you
fill
the
cards
out
completely
and
as
clearly
as
possible.
Following
this
procedure
will
allow
for
a
smooth
and
timely
process
for
the
meeting
and
we
appreciate
your
cooperation.
State
law
prohibits
the
Legislative
Body
from
taking
action
on
items
not
on
the
agenda
and
your
matter
may
be
referred
to
the
City
Manager/Executive
Director.
Individual
Speakers are limited to three (3) minutes each unless a different time limit is announced.
CITY COUNCIL / AGENCY/ AUTHORITY COMMENTS
CLOSED SESSION
1. Conference with Legal Counsel - Anticipated Litigation: significant exposure to litigation pursuant to Government Code
Section 54956.9(d) (2) - two potential cases.
2. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) - two potential cases.
3. Conference Involving a Joint Powers Agency: Antelope Valley Air Quality Management District Pursuant to Government Code Section 54956.96 Discussion will concern: Antelope Valley Air Quality Management District v. United States Environmental Protection
Agency, et al. 9
Cir. Case No. 23-1614 Name of local agency representative on joint powers agency board: Marvin Crist, Ken Mann
4. Antelope Valley Groundwater Cases Included Action:
Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.
Superior Court of California, County of Los Angeles, Case No. BC325201; Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.
Superior Court of California, County of Kern, Case No. S-1500-CV-254-348; Wm. Bolthouse Farms, Inc. v. City of Lancaster, Diamond Farming Co. v.
City of Lancaster, Diamond Farming Co. v. Palmdale Water District Superior Court of California County of Riverside, consolidated actions; Case Nos. RIC 353 840, RIC 344 436, RIC 344 668
5. Estate of Guzman v. Lancaster
6. Rahier v. City of Lancaster, LASC Case No. 19 AVCV00163
7. Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556
8. Manzo v. Beazer Homes Holdings, LLC et al., LASC Case No. 20 AVCV00297
9. Hernandez v. County of Los Angeles, et al., LASC Case No. 20 AVCV00318
10. Romines v. City of Lancaster, et al,, LASC Case No. 20 AVCV00345
11. Moujan v. City of Lancaster et al., LASC Case No. 20 AVCV00205
12. Davis v. State of California, LASC Case No. 19 AVCV00805 th
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/27/2024
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13. Lancaster v. Netflix, et al., LASC 21STCV01881
14. Butts v. Lancaster, LASC 21STCP00389
15. Lancaster v. Rives
16. Myesha Lopez, et al. v. County of Los Angeles, et al. CDCA Case No. 5:21-cv-00290-JGB(SHKx)
17. Ortiz v. Lancaster, LASC Case No. 21 AVCV00001
18. Aijala v. Lancaster, LASC Case No. 21STCV07841
19. Gardner v. Dominoids, LASC Case No. 21 AVCV00186
20. Evans v. Lancaster, LASC Case No. 21 AVCV00145
21. Bojorquez v. Lancaster, LASC Case No. 20 AVCV00894
22. Arkey v. Lancaster, LASC Case No.20 AVCV00816
23. Perez v. Lancaster, LASC Case No. 20 AVCV00589
24. Serrano v. Los Angeles County et al. LASC Case No. 21 AVCV00562
25. Jackson v. RE Schultz Construction et al. LASC Case No. 21 AVCV00863
26. Castro v. Lancaster
27. Montenegro v. Green, LASC Case No. 22 AVCV01050
28. Carter v. Antelope Valley Fair & Event Center, LASC Case No. 23 AVCV00460
29. Perez v. Lancaster, LASC Case No. 23 AVCV00577
30. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 3135-024-014
Agency negotiators: Chenin Dow and Allison Burns
Negotiating parties: Om Sai Ram Inc.
Under negotiation: price and terms of payment
31. City of Whittier v. Superior Court, LASC Case No. 23 STCP03579
32. Pedvin v. Lancaster, LASC Case No. 23STCV07921
33. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 5215 W. Avenue H, Lancaster, CA
Agency Negotiators: Chenin Dow and Allison Burns
Negotiating parties: Camara Living Trust
Under Negotiation: price and terms of payment
ADJOURNMENT
Next Regular Meeting:
March 12, 2024 at 5:00 PM
MEETING ASSISTANCE INFORMATION
In
compliance
with
the
Americans
with
Disabilities
Act,
this
meeting
will
be
held
at
a
location
accessible
to
persons
with
disabilities;
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk
at
(661)723-6020.
Services
such
as
American
Sign
Language
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/27/2024
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interpreters,
a
reader
during
the
meeting,
and/or
large
copies
of
the
agenda
are
available.
To
ensure
availability,
you
are
advised
to
make
your
request
at
least
72 hours
prior
to
the
meeting/event
you
wish
to
attend.
Due
to
difficulties
in
securing
sign
language
interpreters,
five
or
more
business
days
notice
is
strongly
recommended.
For
additional
information,
please
contact
the
City
Clerk
at
(661)723-6020.
AGENDA ADDENDUM INFORMATION
On
occasion
items
may
be
added
after
the
agenda
has
been
mailed
to
subscribers.
Copies
of
the
agenda
addendum
item
will
be
available
at
the
City
Clerk
Department
and
are
posted
with
the
agenda
on
the
windows
of
the
City
Council
Chambers.
For
more
information,
please
call
the
City
Clerk
Department at (661) 723-6020.
All documents available for public review are on file with the City Clerk Department.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 02/27/2024
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STAFF REPORT
Lancaster Successor Agency
SA CC 1
2/27/2024
JC
Date: February 27, 2024
To: Chairman Parris and Agency Directors
From: Larissa De La Cruz, Director – Community Development Chenin Dow, Assistant Director – Community Development, Housing & Econ Dev Subject:Consideration for approval of actions in connection with Successor Agency- owned parcels related to compliance with the Surplus Land Act and a Purchase and Sale Agreement with the City of Lancaster
Recommendation:
1. Adopt Resolution No. , declaring the following Successor Agency-owned property as “exempt surplus land” pursuant to Government Code Section 54221 (f)(1)(d).
2. Adopt Resolution No. , approving the proposed purchase and sale agreements for various Successor Agency-owned properties between the Successor Agency and the City of Lancaster.
3. Authorize the Executive Director, or his designee, to execute all related documents.
Fiscal Impact:
The sales will yield proceeds of $2,007,000, the full appraised value of the subject parcels. As the property in question belongs to the Successor Agency to the former Lancaster Redevelopment Agency, these funds will be forwarded to Los Angeles County for disbursement to the affected taxing agencies.
Background:
Since the State of California’s dissolution of Redevelopment Agencies in 2011, City staff have worked to wind down Lancaster’s former Redevelopment Agency (LRA). This included the disposition of several hundred parcels acquired throughout the LRA’s existence.
However, approximately 130 parcels remain in the hands of the Successor Agency, despite the continuous efforts of listing brokers and staff to market them for sale. Many of the subject parcels were acquired by the LRA through the Chapter 8 tax-defaulted parcel process.
These parcels present unique challenges. They fall primarily into two areas of the City: the Fox Field Industrial Corridor, an industrial area along the northern periphery of the City surround William J. Fox Airfield; and the “Herald Tract,” an area adjacent to the Lancaster’s central business district and Metrolink station.
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The root of these challenges came before Lancaster’s incorporation in 1977, when a number of real estate professionals saw an opportunity to heavily subdivide large tracts of vacant land for sale. In Fox Field, square miles of land were haphazardly subdivided into parcels as small as one- third of an acre. The vast majority of these parcels were landlocked, with no easements or roads to provide legal access or route infrastructure to the sites. Thus, they were rendered undevelopable, with no real value to either present owners or prospective buyers.
These parcels were then marketed for sale internationally, with a heavy concentration of sales to buyers in China. Unscrupulous marketing efforts indicated that the land, located in rapidly- growing Los Angeles County, would appreciate significantly in the future. With ownership located all over the world, often involving several parties per parcel as unusable parcels are passed down to multiple heirs, assembly of these sites today is all but impossible for the private sector.
A similar situation occurred in the Herald Tract. In 1910, the Los Angeles Evening Herald newspaper offered free parcels of land in Lancaster as an enticement to purchase a year’s subscription of the Herald. At just 25 feet by 125 feet, these lots are too small to accommodate most uses and require assembly in order to make development feasible. While a handful of sites have been assembled in the last century to develop homes and businesses, the bulk of these parcels remain frozen in the year 1910.
The vast majority of these parcels have never received any interest from the private sector, despite being listed with brokers and continuously marketed. For the few that have received initial interest, a common thread has emerged: buyers are not interested in participating in the lengthy process of having their purchase approved first by the Lancaster City Council in their role as Successor Agency Board, then by the Los Angeles County Fifth District Consolidated Oversight Board, and finally by the State of California’s Department of Finance. Because there is no shortage of comparable vacant land in Lancaster, prospective buyers have elected to pursue other options rather than purchasing these parcels.
Recognizing the challenge these sites represent to the private sector, the proposed action would declare the bulk of the remaining properties exempt surplus in order to effectuate a transfer to another public agency, and approve the transfer of these properties to the City of Lancaster. This includes all Herald Tract parcels; all residentially zoned parcels; and two industrial parcels. These properties have been prioritized for transfer based on zoning and available budget. Staff is optimistic that the City’s Housing Authority will be able to leverage these parcels to enhance affordable housing opportunities by assembling additional parcels to create viable project sites over the long term, as well as working with non-profit partners to develop the small sites. For the industrial parcels, staff is hopeful that a transfer to the City – thus eliminating the need for a private party to go through the additional layers of approvals at the Oversight Board and DOF levels – will encourage buyers that have otherwise pursued alternative properties.
This action will effectuate the disposition of 110 of the remaining Successor Agency parcels, thus making substantial progress in the wind-down of the Successor Agency. Staff will continue collaborating with brokers to market the remaining parcels, and will evaluate opportunities for additional transfers to the City where appropriate, based on available funding and the City’s needs. 1 5
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In addition, this sale will facilitate the wind-down of the Successor Agency and yield proceeds of $2,007,000 for disbursement to the affected taxing entities. This represents the full appraised value of the parcels.
CD
Attachments
•Resolution No.
•Resolution No.
•Exhibit A: List of Parcels
•Purchase and Sale Agreement
1 RESOLUTION NO. OB ___
A RESOLUTION OF THE LOS ANGELES COUNTY
FIFTH SUPERVISORIAL DISTRICT CONSOLIDATED
OVERSIGHT BOARD APPROVING THE TRANSFER
OF CERTAIN PROPERTY TO CITY OF LANCASTER
AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
WHEREAS, the Oversight Board for the Successor Agency to the Lancaster Redevelopment Agency (“Oversight Board”) previously approved a Long Range Property Management Plan (the “2013 LRPMP”) as submitted by the Successor Agency to the Lancaster Redevelopment Agency (the “Successor Agency”); and
WHEREAS, the Successor Agency received comments from the California Department of Finance (“DOF”) indicating that certain revisions were required to the 2013 LRPMP, following the receipt of which the Successor Agency prepared and submitted to the Oversight Board for its consideration a revised draft long range property management plan, in a form subsequently approved by the Oversight Board and, thereafter, DOF in 2015 (as so amended, the “LRPMP”); and
WHEREAS, among the properties listed in the LRPMP are those certain properties listed in Exhibit “A” hereto (the “Listed Properties”); and WHEREAS, the former Lancaster Redevelopment Agency (“Former Agency”) engaged in efforts to market the Listed Properties for sale. Efforts by the Former Agency to sell the Listed Properties were not successful; and
WHEREAS, the City is prepared to pay and now offers to pay for the Listed Properties (and each of them) the respective amounts therefor as set forth in the accompanying staff report (each amount constituting the “Price” and, as aggregated, the “Prices”), with the cost for preparation of title insurances policies, escrow fees and other closing costs to be allocated in the manner customary for transactions in southern California. The Prices, less those costs allocable to the Successor Agency as seller, would be applied as part of the redevelopment property tax trust fund (“RPTTF”) and thus would be available to be factored out ratably among taxing agencies. In addition to benefiting from the allocation of purchase money (net of closing costs), the taxing agencies would benefit by the Successor Agency being spared the cost and burden for the ongoing maintenance of the Listed Properties; and WHEREAS, the disposition of the Listed Properties by the Successor Agency to the City is subject to approval by the Oversight Board; and WHEREAS, the offer of the City to purchase the Listed Properties on the terms set forth above, in addition to other customary terms and conditions, is set forth in the draft agreement for the sale by Successor Agency to the City of the Property, in the form submitted herewith (the “Purchase and Sale Agreement”). It is understood and approved that a separate Purchase and Sale Agreement may be approved as to each of the Listed Properties; and Resolution No. OB
WHEREAS, the Successor Agency has approved the transfer of each of the Listed Properties by the Successor Agency to the City on the terms set forth above in this Resolution; and
WHEREAS, by this Resolution, the Oversight Board desires to approve the transfer of each of the Listed Properties by the Successor Agency to the City on the terms set forth above in this Resolution;
NOW, THEREFORE, BE IT RESOLVED by the Oversight Board as follows:
Section 1. The Oversight Board finds and determines that the foregoing recitals are true and correct. In particular, the Oversight Board specifically finds that (i) the disposition of each of the Listed Properties as described in the foregoing portion of this Resolution is consistent with and in furtherance of the LRPMP; (ii) the disposition of each of the Listed Properties as described above reflects that property is not be retained for future redevelopment activities but is instead being transferred by deed and (iii) under each of the bases set forth in the foregoing portion of this Section 1 (namely, (i) and (ii), respectively, each independently effective), the City shall not be required to enter into compensation agreements with taxing entities with respect to one or more of the Listed Properties or make any payment other than the Prices and a buyer’s customary share of closing costs.
Section 2. The Oversight Board approves and consents to the transfer by deed or other means of each of the Listed Properties by the Successor Agency to the City. The Oversight Board approves a Purchase and Sale Agreement substantially in the form submitted as to each of the Listed Properties and consents and authorizes that the Executive Director of the Successor Agency is to execute a Purchase and Sale Agreement as to each of the Listed Properties and to execute a grant deed or grant deeds or other form of deed to transfer each of the Listed Properties to the City as well as such other instruments as may be necessary or convenient to effect the transfer of the Listed Properties to the City as described herein.
Section 3. In the event a transfer of a particular Listed Property is hereafter not approved, or if the City hereafter elects to refrain from taking title to such Listed Property, this Resolution shall remain in full force and effect as to the remainder of the Listed Properties.
Section 4. The Successor Agency shall maintain on file as a public record this Resolution on behalf of the Oversight Board.
PASSED, APPROVED, AND ADOPTED at a meeting of the Oversight Board of the Successor Agency to the Lancaster Redevelopment Agency, held on this the 14th day of March, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
Resolution No. OB
ABSENT:
ATTEST: APPROVED:
Deputy Clerk Chair
Los Angeles County Fifth District Los Angeles County Fifth District Consolidated Oversight Board Consolidated Oversight Board RESOLUTION NO. SA ___
A RESOLUTION OF THE SUCCESSOR AGENCY TO
THE LANCASTER REDEVELOPMENT AGENCY
APPROVING THE TRANSFER OF CERTAIN
PROPERTY TO THE CITY OF LANCASTER AND
MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
WHEREAS, the Oversight Board for the Successor Agency to the Lancaster Redevelopment Agency (“Oversight Board”) previously approved a Long Range Property Management Plan (the “2013 LRPMP”) as submitted by the Successor Agency to the Lancaster Redevelopment Agency (the “Successor Agency”); and
WHEREAS, the Successor Agency received comments from the California Department of Finance (“DOF”) indicating that certain revisions were required to the 2013 LRPMP, following the receipt of which the Successor Agency prepared and submitted to the Oversight Board for its consideration a revised draft long range property management plan, in a form subsequently approved by the Oversight Board and, thereafter, DOF in 2015 (as so amended, the “LRPMP”); and
WHEREAS, among the properties listed in the LRPMP are those certain properties listed in Exhibit “A” hereto (the “Listed Properties”); and WHEREAS, the former Lancaster Redevelopment Agency (“Former Agency”) engaged in efforts to market the Listed Properties for sale. Efforts by the Former Agency to sell the Listed Properties were not successful; and
WHEREAS, the City is prepared to pay and now offers to pay for the Listed Properties (and each of them) the respective amounts therefor as set for in the accompanying staff report (each amount constituting the “Price” and, as aggregated, the “Prices”), with the cost for preparation of title insurance policies, escrow fees and other closing costs to be allocated in the manner customary for transactions in southern California. The Prices, less those costs allocable to the Successor Agency as seller, would be applied as part of the redevelopment property tax trust fund (“RPTTF”) and thus would be available to be factored out ratably among taxing agencies. In addition to benefiting from the allocation of purchase money (net of closing costs), the taxing agencies would benefit by the Successor Agency being spared the cost and burden for the ongoing maintenance of the Listed Properties; and WHEREAS, the disposition of the Listed Properties by the Successor Agency to the City is subject to approval by the Oversight Board; and WHEREAS, the offer of the City to purchase the Listed Properties on the terms set forth above, in addition to other customary terms and conditions, is set forth in the draft agreement for the sale by Successor Agency to the City of the Property, in the form submitted herewith (the “Purchase and Sale Agreement”). It is understood and approved that a separate Purchase and Sale Agreement may be approved as to each of the Listed Properties; and Resolution No. SA
WHEREAS, by this Resolution, the Successor Agency desires to approve the transfer of each of the Listed Properties by the Successor Agency to the City on the terms set forth above in this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY TO THE LANCASTER REDEVELOPMENT AGENCY, AS FOLLOWS:
Section 1. The Successor Agency finds and determines that the foregoing recitals are true and correct. In particular, the Successor Agency specifically finds that (i) the disposition of each of the Listed Properties as described in the foregoing portion of this Resolution is consistent with and in furtherance of the LRPMP; (ii) the disposition of each of the Listed Properties as described above reflects that property is not be retained for future redevelopment activities but is instead being transferred by deed and (iii) under each of the bases set forth in the foregoing portion of this Section 1 (namely, (i) and (ii), respectively, each independently effective), the City shall not be required to enter into compensation agreements with taxing entities with respect to one or more of the Listed Properties or make any payment other than the Prices and a buyer’s customary share of closing costs.
Section 2. The Successor Agency approves and consents to the transfer by deed or other means of each of the Listed Properties by the Successor Agency to the City. The Successor Agency approves a Purchase and Sale Agreement substantially in the form submitted as to each of the Listed Properties and authorizes and directs the Executive Director to execute a Purchase and Sale Agreement as to each of the Listed Properties and to execute a grant deed or grant deeds or other form of deed to transfer each of the Listed Properties to the City as well as such other instruments as may be necessary or convenient to effect the transfer of the Listed Properties to the City as described herein.
Section 3. In the event a transfer of a particular Listed Property is hereafter not approved, or if the City hereafter elects to refrain from taking title to such Listed Property, this Resolution shall remain in full force and effect as to the remainder of the Listed Properties.
Section 4. The Successor Agency shall maintain on file as a public record this Resolution.
Resolution No. SA
PASSED, APPROVED, AND ADOPTED at a meeting of the Successor Agency to the Lancaster Redevelopment Agency, held on this the 27 th day of February, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Andrea Alexander R. Rex Parris
City Clerk Chairman
City of Lancaster Lancaster Successor Agency
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF LANCASTER )
CERTIFICATION OF RESOLUTION
LANCASTER SUCCESSOR AGENCY
I, ________________________________, ___________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. SA -24, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this 27 th day of February, 2024.
(seal)
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
SELLER: Successor Agency to the Lancaster
Redevelopment Agency
BUYER: City of Lancaster, a municipal corporation and
charter city
DATED: March 14, 2024
i
BASIC TERMS
Buyer: City of Lancaster, a municipal corporation and charter city Buyer’s Address: City of Lancaster
Attention: Chenin Dow
44933 N. Fern Avenue
Lancaster, CA 93534
Email: [email protected]
Closing Contingency Date: April 1, 2024
Closing Date (or Closing) April 15, 2024, but not later than the Outside Date Deed: A grant deed in the form of Exhibit B hereto
Effective Date: March 14, 2024
Escrow Holder: First American Title Company
42220 10th Street West, Suite 108
Lancaster, California 91761
Independent
Consideration Amount: One Hundred Dollars ($100.00)
Outside Date: April 17, 2024; provided that such date may be extended with the prior written approval of Buyer and Seller, each acting in the discretion of its chief executive officer
Purchase Price: Two Million Seven Thousand Dollars ($2,007,000) Real Property: That property described in Exhibit A hereto Seller: Successor Agency to the Lancaster Redevelopment Agency Seller’s Address: 44933 N. Fern Avenue
Lancaster, California 93534
Attention: Chenin Dow
Tel. (661) 723-6165
Email: [email protected]
Soil and Title Contingency
Date: April 1, 2024
Title Company: First American Title Company
42220 10th Street West, Suite 108
Lancaster, California 91761
1 PURCHASE AND SALE AGREEMENT
AND
JOINT ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (“Agreement”) is made and entered into as of March 14, 2024 (the “Effective Date”) by and between Seller and Buyer.
RECITALS
A.Seller is the fee owner of the Real Property.
B.Seller has offered to sell to Buyer the Real Property described herein for the price and subject to the terms set forth below. Buyer has considered the offer by Seller and agrees to buy from Seller the Real Property, as more specifically described below.
C. In addition to the Purchase Price, material considerations to Seller in agreeing to enter into this Agreement, Buyer has agreed to pay to Seller the Independent Consideration Amount as more fully set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows:
1. Purchase and Sale. Seller hereby agrees to sell the Real Property to Buyer, and Buyer hereby agrees to purchase the Real Property from Seller, on the terms and conditions set forth in this Agreement. The term Real Property is defined collectively as the following: The fee interest in the Real Property to be conveyed by a grant deed in the form of the Deed.
2. Payment of Consideration. As consideration for the sale of the Real Property from Seller to Buyer, Buyer shall, at the Closing (as defined below), pay to Seller the Purchase Price for the Real Property. Upon receipt of the Purchase Price (less any adjustments made to clear liens and to defray Seller’s costs of sale including, but not limited to, the preparation of legal documents and costs incurred by the Buyer or Seller to validate the purchase price and the Seller’s share of closing costs), Seller may use such moneys for any purpose of its choosing.
3. Escrow and Independent Consideration.
(a) Opening of Escrow. For the purposes of this Agreement, the escrow (“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date that Escrow Holder receives a copy of this Agreement fully executed by Buyer and Seller. Buyer and Seller shall use their best efforts to cause the Opening of Escrow to occur on or before five (5) business days after the Effective Date. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transaction contemplated by this Agreement; provided, however, that no such instruments shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of such instruments and the terms of this Agreement, then the terms of this Agreement shall control. Without limiting the 2 generality of the foregoing, no such instruments shall extinguish any obligations imposed by this Agreement or any other agreement between Seller and Buyer. (b) Independent Consideration. (i) Within two (2) days after the Effective Date, Buyer shall pay to Seller the Independent Consideration Amount to be retained by Seller as non- refundable independent consideration but applicable to the Purchase Price. The Independent Consideration Amount has been bargained for and agreed to as consideration for Seller’s execution and delivery of this Agreement and Buyer holding the Real Property off the market for a period commencing as of the Effective Date and continuing until the Outside Date and for the rights and privileges granted to Buyer herein, including any and all rights granted to Buyer to terminate this Agreement under the circumstances provided for herein. Notwithstanding anything to the contrary contained in this Agreement, the Independent Consideration Amount shall be non-refundable in all events, except for (i) Seller’s default hereunder, (ii) the failure of the Oversight Board of the Successor Agency to the Lancaster Redevelopment Agency (the “Oversight Board”) to approve the sale of the Real Property as provided under this Agreement, and (iii) actions by the California Department of Finance (“DOF”) which prevent the disposition of the Real Property to Buyer as provided under this Agreement. If the Closing occurs, a credit shall be applied to the Purchase Price based upon payment of the Independent Consideration Amount.
(ii) Closing. For purposes of this Agreement, the “Closing” or “Closing Date” shall be the date the Deed (as defined below) is recorded pursuant to applicable law in the county in which the Real Property is located. Unless changed in writing by Buyer and Seller, the Closing shall occur on the Closing Date, or as soon thereafter as the conditions precedent to closing are satisfied pursuant to Sections 6 and 7 of this Agreement. If the Closing has not, for any reason, occurred by the Closing Date, then either Buyer or Seller may terminate this Agreement by delivering written notice to the other at any time after the outside Closing Date; provided, however, that if either party is in default under this Agreement at the time of such termination, then such termination shall not affect the rights and remedies of the non-defaulting party against the defaulting party.
4. Seller’s Delivery of Real Property and Formation Documents. Within ten (10) days after the Effective Date, Seller shall deliver to Buyer the following items (collectively, the “Property Documents”):
(a) Such proof of Sellers’ authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company consistent with the terms of this Agreement, including without limitation approval of the Oversight Board of the sale of the Real Property by Seller to Buyer or evidence that such approval is not necessary.
In addition, Seller shall cause Escrow Holder to obtain and deliver to Buyer a Natural Hazard Report as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard Report”) on or before the Soil and Title Contingency Date.
5. Buyer’s Right of Entry. From and after the Opening of Escrow through the earlier to occur of the termination of this Agreement or the Soil and Title Contingency Date, or as otherwise agreed in writing by Seller prior to entry is effected, Buyer and Buyer’s employees, agents, consultants and contractors shall have the right to enter upon the Real Property during normal business hours, provided reasonable prior notice has been given to Seller. 3 (a) Investigation of the Real Property. In addition to the foregoing, the Buyer shall have the right, at its sole cost and expense, prior to the Soil and Title Contingency Date, to engage its own environmental consultant (the “Environmental Consultant”) to make such investigations as Buyer deems necessary or appropriate, including any “Phase 1” or “Phase 2” investigations of the Real Property. If, based upon such evaluation, inspections, tests or investigation, Buyer determines that it, in its discretion, does not wish to proceed with purchase of the Real Property based upon the condition of the Real Property, Buyer may cancel this Agreement by giving written notice of termination to Seller on or before the Soil and Title Contingency Date which specifically references this Section 5. If Buyer does not cancel this Agreement by the time allowed under this Section 5, Buyer shall be deemed to have approved the evaluation, inspections and tests as provided herein and to have elected to proceed with this transaction on the terms and conditions of this Agreement. Buyer shall provide a copy to Seller of all reports and test results provided by Buyer’s Environmental Consultant promptly after receipt by the Buyer of any such reports and test results without any representation or warranty as to their accuracy or completeness.
Buyer shall bear all costs, if any, associated with restoring the Real Property to the condition prior to its testing by or on behalf of Buyer if requested to so do by Seller. Buyer is a sophisticated party and is familiar with the acquisition and use of property, including for commercial uses.
(b) No Warranties as to the Real Property. The physical condition and possession of the Real Property, is and shall be delivered from Seller to Buyer in an “as is” condition, with no warranty expressed or implied by Seller. In addition, Seller makes no representations, warranties or assurances concerning the Real Property, its suitability for any particular use or with regard to the approval process for entitlements as to the Real Property.
6. Buyer’s Conditions Precedent and Termination Right.
(a) Conditions Precedent. Buyer’s obligation to consummate the purchase of the Real Property under this Agreement are subject to the timely satisfaction or written waiver of the following conditions precedent (collectively, “Buyer’s Contingencies”), which are for Buyer’s benefit only.
(i) Title Review. Within thirty (30) calendar days after the Opening of Escrow, Seller shall cause the Title Company to deliver to Buyer a preliminary title report (the “Report”) describing the title to the Real Property, together with copies of the plotted easements and the exceptions (the “Exceptions”) set forth in the Report; provided that the cost of the Report shall be borne by Seller. On or before the Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s sole discretion, any matters of title disclosed by the following (collectively, the “Title Documents”): (i) the Report; (ii) the Exceptions; (iii) the legal description of the Real Property and (iv) any survey Buyer desires to obtain at Buyer’s sole cost and expense. Buyer shall have the same rights to approve or disapprove any exceptions to title that are not created by Buyer and that come into existence after issuance of the Report but prior to Closing. Seller shall, on or before the Closing, remove all deeds of trust, mortgages and delinquent taxes (but not the lien for any real property taxes or assessments not yet delinquent).
(ii) Buyer’s Title Policy. On or before the Closing, the Title Company shall, upon payment (by Buyer) of the Title Company’s premium, have agreed to issue to Buyer, a standard ALTA owner’s policy of title insurance insuring only as to matters of record title (“Standard 4 Buyer’s Title Policy”) in the amount of the Purchase Price showing fee title to the Real Property vested solely in Buyer and subject only to the (i) the standard, preprinted exceptions to Buyer’s Title Policy; (ii) liens to secure payment of real estate taxes or assessments not yet delinquent; (iii) matters affecting the Real Property created by or with the written consent of Buyer; and (iv) those matters specifically approved in writing by Buyer. Buyer shall have the right, at its sole cost and expense, to obtain coverage beyond that offered by a Standard Buyer’s Title Policy (such as an owner’s extended coverage ALTA policy); provided, however, that Buyer’s ability to obtain such extended coverage shall not be a Buyer’s Contingency and Buyer’s obligations hereunder shall in no way be conditioned or contingent upon obtaining such extended coverage. Buyer shall have sole responsibility for obtaining, and bearing the cost of, any endorsements and for any survey or other matters required by the Title Company for such extended coverage.
In the event Buyer enters into a loan agreement to generate moneys to purchase the Real Property from Seller under this Agreement, Buyer and not Seller shall be responsible for the title insurance, closing costs and any other costs, fees or expenses in relation to Buyer obtaining such loaned moneys. The sale shall be all cash to Seller. (iii) Physical and Legal Inspections and Studies. On or before Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s sole and absolute discretion, the results of any physical and legal (but not feasibility or economic) inspections, investigations, tests and studies Buyer elects to make or obtain, including, but not limited to, investigations with regard to zoning, building codes and other governmental regulations; engineering tests; soils, seismic and geologic reports; environmental audits, inspections and studies; environmental investigation or other invasive or subsurface testing; and any other physical or legal inspections and/or investigations as Buyer may elect to make or obtain.
(iv) Natural Hazard Report. Seller shall cause the Escrow Holder to provide to Buyer prior to the Soil and Title Contingency Date the Natural Hazard Report described at Section 8(a)(iii) of this Agreement; provided that Seller shall bear the cost to prepare such Natural Hazard Report.
(v) Property and Formation Documents. On or before the Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s reasonable discretion, the terms, conditions and status of all of the Property Documents. (vi) Delivery of Documents. Seller’s delivery of all documents described in Section 8, below.
(vii) Representations and Warranties. All representations and warranties of Seller contained in this Agreement shall be materially true and correct as of the date made and as of the Closing.
(viii) Title Company Confirmation. The Title Company shall have confirmed that it is prepared to issue the Buyer’s Title Policy consistent with the provisions of this Agreement.
(ix) Oversight Board and DOF Approval. The Oversight Board and, if required as a condition of the issuance of title insurance or by either party hereto, approval by DOF, 5 shall have been given as to the disposition of the Real Property by Seller to Buyer under this Agreement.
(x) No Default. As of the Closing, Seller shall not be in default in the performance of any material covenant or agreement to be performed by Seller under this Agreement. (b) Termination Right. Each of (i) and (ii) shall operate independently and each shall entitle Seller to terminate this Agreement, as follows:
(i) If the Independent Consideration Amount is not paid by Buyer to Seller by the time set forth therefor in Section 3(b)(i) of this Agreement, then this Agreement may terminate at the election of Seller upon Seller giving written notice thereof to Buyer; (ii) If any of Buyer’s Contingencies are not met by the Outside Date, and Buyer so informs Seller, Buyer may, by written notice to Seller, terminate this Agreement.
If this Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless Seller is in default hereunder, in which case Seller shall pay all such fees. If the Agreement has not been terminated pursuant to (i) or (ii) of this Section 6(b) and Buyer has not terminated this Agreement in writing (“Termination Notice”) on or before 5:00 p.m. on the Monday preceding the scheduled Closing (“Termination Notice Deadline”), then all such Buyer’s Contingencies shall be deemed to have been satisfied and this Agreement shall continue pursuant to its terms. If Buyer has not delivered a Termination Notice as the items set forth in Sections 6(a)(i)-(xi) inclusive, prior to the Termination Notice Deadline, such Buyer’s Contingencies shall be deemed to have been satisfied.
If this Agreement is terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless Seller is in default hereunder, in which case Seller shall pay all such fees. (c) Seller’s Cure Right. Buyer shall notify Seller, in Buyer’s Termination Notice, of Buyer’s disapproval or conditional approval of any Title Documents. Seller shall then have the right, but not the obligation, to (i) remove from title any disapproved or conditionally approved Exception(s) (or cure such other title matters that are the basis of Buyer’s disapproval or conditional approval of the Title Documents) within five (5) business days after Seller’s receipt of Buyer’s Termination Notice, or (ii) provide assurances reasonably satisfactory to Buyer that such Exception(s) will be removed (or other matters cured) on or before the Closing. With respect to any such Exception, it shall be sufficient for purposes hereof for Seller to commit in writing, within the applicable period, to remove such Exception at or before the Closing. Seller’s failure to remove such Exception after committing to do so shall be a default hereunder. An Exception shall be deemed removed or cured if Seller furnishes Buyer with evidence that the Title Company will issue the Buyer’s Title Policy, as defined herein, at the Closing deleting such Exception or providing an endorsement (at Seller’s expense) reasonably satisfactory to Buyer concerning such Exception. If Seller cannot or does not remove or agree to remove any of the disapproved Exception(s) (or cure other matters) within such five (5) business day period, Buyer shall have three (3) business days after the expiration of such five (5) business day period to give Seller written notice that Buyer elects to proceed with the purchase of the Real Property subject to the disapproved Title Document(s), it being understood that Buyer shall have no further recourse against Seller for such disapproved Title Exception(s). 6 7. Seller’s Conditions Precedent and Termination Right. Seller’s obligations with respect to the transaction contemplated by this Agreement are subject to the timely satisfaction or written waiver of the following condition precedent (“Seller’s Contingencies”), which are for Seller’s benefit only:
(a) Completion of Title Review. Seller shall have received written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has completed its review of title and that the condition of title satisfactory.
(b) Confirmation Regarding Buyer’s Title Policy. Seller shall have received written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has approved a pro forma title policy.
(c) Liens. Seller shall have obtained the consent of any lien holder to the release of such liens prior to or concurrent with closing.
(d) Oversight Board and DOF Approval. The approval by the Oversight Board and DOF shall have been given as to the disposition of the Real Property by Seller to Buyer under this Agreement unless the Title Company determines that such approval is not required in order for the Title Company to insure title.
(e) Delivery of Documents. Buyer’s delivery of all documents described in Section 9(a), below.
Should any of Buyer’s Contingencies not be met by the respective times set forth for the satisfaction for such contingency (and without regard to whether all such contingencies have been removed or satisfied) and Buyer has so informed Seller, Seller may, by written notice to Buyer, terminate this Agreement; such termination rights shall be in addition to those termination rights of Seller as set forth in Section 6. If this Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer.
8. Seller’s Deliveries to Escrow Holder.
(a) Seller’s Delivered Documents. At least one (1) business day prior to the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder the following items, duly executed and, where appropriate, acknowledged (“Seller’s Delivered Items”):
(i) Deed. The Deed attached hereto as Exhibit B.
(ii) FIRPTA/Tax Exemption Forms. The Transferor’s Certification of Non-Foreign Status in the form attached hereto as Exhibit C (the “FIRPTA Certificate”), together with any necessary tax withholding forms, and a duly executed California Form 593-C, as applicable (the “California Exemption Certificate”).
(iii) Hazard Disclosure Report. Unless earlier delivered to Buyer, Seller shall cause Escrow Holder to obtain and deliver to Buyer, at Seller’s cost, a Natural Hazard Report as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard Report”) before the Closing.
7 (iv) Possession of Real Property. Possession of the Real Property free of any tenancies or occupancy.
(v) Authority. Such evidence of Seller’s authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company which are consistent with the terms of this Agreement. (vi) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company which are consistent with the terms of this Agreement. (b) Failure to Deliver. Should any of Seller’s Delivered Items not be timely delivered to Escrow, Buyer may, by written notice to Seller, terminate this Agreement; provided, however, that Buyer may (but shall not be obligated to) in such notice provide Seller with five (5) business days to deliver all of Seller’s Delivered Items. If Buyer’s notice provides Seller such five (5) business days to deliver Seller’s Delivered Items, and if Seller’s Delivered Items are not delivered within such period, then this Agreement shall automatically terminate without further action or notice.
In the event of any such termination, any cash deposited by Buyer shall immediately be returned to Buyer. Under no circumstances shall Buyer have any responsibility to or duty to pay consultants or real estate brokers retained by Seller, Seller being solely responsible in connection with any such contractual arrangements of Seller.
9. Buyer’s Deliveries to Escrow. At least one (1) business day prior to the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following, each duly executed and acknowledged, by Buyer as appropriate (“Buyer’s Delivered Items”):
(a) Purchase Price. The Purchase Price, less amounts which Seller confirms in writing to Escrow Holder were theretofore paid to Seller as the Independent Consideration Amount, together with additional funds as are necessary to pay Buyer’s closing costs set forth in Section 10(b) herein. In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code, as evidenced by the delivery at Closing of the California Exemption Certificate duly executed by Seller, Title Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer for payment to the California Franchise Tax Board in accordance with Section 11(b) hereof. In the event Seller is not exempt from such withholding or does not otherwise deliver the California Exemption Certificate at Closing, Buyer shall execute and deliver three (3) originals of California Form 593 to Title Company at or immediately after Closing.
(b) Change of Ownership Report. One (1) original Preliminary Change of Ownership Report.
(c) Final Escrow Instructions. Buyer’s final written escrow instructions to close escrow in accordance with the terms of this Agreement.
(d) Authority. Such proof of Buyer’s authority and authorization to enter into this Agreement and to consummate the transaction contemplated hereby as may be reasonably requested by Seller or the Title Company.
8 (e) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company.
10. Costs and Expenses.
(a) Seller’s Costs. If the transaction contemplated by this Agreement is consummated, then Seller shall be debited for and bear the following costs: (i) costs and charges associated with the removal of encumbrances; (ii) Seller’s share of prorations; (iii) one half of the premium for a Standard Buyer’s Title Policy with coverage in the amount of the Purchase Price; (iv) one half of the Escrow Holder’s fee; (v) one half of the appraisal charges incurred by Seller or the Buyer as to the Real Property; (vi) documentary recording fees, if any; (vii) documentary transfer tax, if any; and (viii) costs, if any, allocable to Seller under this Agreement and costs for such services as Seller may additionally request that Escrow perform on its behalf (which foregoing items collectively constitute “Seller’s Costs and Debited Amounts”).
(b) Buyer’s Costs. If the transaction contemplated by this Agreement is consummated, then Buyer shall bear the following costs and expenses: (i) one half of the Escrow Holder’s fee; (ii) Buyer’s share of prorations, (iii) one half of the premium for a Standard Buyer’s Title Policy with coverage in the amount of the Purchase Price; (iv) the premium for title insurance other than or in excess of a Standard Buyer’s Title Policy based on the Purchase Price, and, if applicable, the cost for any survey required in connection with the delivery of an ALTA owner’s extended coverage policy of title insurance; (v) one half of escrow charges; (vi) one half of the appraisal charges incurred by Seller or the Buyer as to the Real Property; (vii) one half of recording and other costs of closing; (viii) costs, if any, for such services as Buyer may additionally request that Escrow perform on its behalf; (ix) any remuneration payable to Buyer’s Agent (which may be paid outside of escrow as referenced in Section 9(e), above); and (x) any costs associated with Buyer borrowing money in order to pay to Seller the Purchase Price (collectively, “Buyer’s Costs and Debited Amounts”).
(c) Generally. Each party shall bear the costs of its own attorneys, consultants, and real estate brokers in connection with the negotiation and preparation of this Agreement and the consummation of the transaction contemplated hereby. Escrow Holder shall disburse those amounts for matters referenced in Section 2 as directed in writing by Seller. Buyer represents to Seller that Buyer has not engaged the services of any consultants, finders or real estate brokers in connection with the purchase of the Real Property from the Seller other than Buyer’s Agent; Buyer shall be solely responsible to compensate Buyer’s Agent, which shall occur outside of escrow and is a matter with which Escrow Holder and Seller need not be concerned. Seller represents to Buyer that Seller has not engaged the services of any consultants, finders or real estate brokers in connection with the sale of the Real Property to the Buyer.
11. Prorations; Withholding.
(a) All revenues (if any) and expenses relating to the Real Property (including, but not limited to, property taxes, utility costs and expenses, water charges and sewer rents and refuse collection charges) shall be prorated as of the Closing Date; provided that all delinquent taxes shall be satisfied at the expense of Seller. Not less than five (5) business days prior to the Closing, Seller shall deliver to Buyer a tentative schedule of prorations for Buyer’s approval (the “Proration and Expense Schedule”). If any prorations made under this Section shall require final adjustment after the Closing, then the parties shall make the appropriate adjustments promptly when accurate 9 information becomes available and either party hereto shall be entitled to an adjustment to correct the same. Any corrected or adjustment proration shall be paid promptly in cash to the party entitled thereto.
(b) In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code (the “Tax Code”) as evidenced by the delivery to Buyer at Closing of the California Exemption Certificate duly executed by Seller, (i) Title Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer at Closing for payment to the California Franchise Tax Board in accordance with the Tax Code, (ii) Buyer shall deliver three (3) duly executed copies of California Form 593 to Title Company at or immediately after Closing, (iii) two (2) copies of California Form 593 shall be delivered by Title Company to Seller, and (iv) on or before the 20 th day of the month following the month title to the Real Property is transferred to Buyer (as evidenced by the recording of the Grant Deed), Title Company shall remit such funds withheld from the Purchase Price, together with one (1) copy of California Form 593 to the California Franchise Tax Board on behalf of Buyer. Buyer and Seller hereby appoint Title Company as a reporting entity under the Tax Code, authorized to withhold and remit the withholding tax contemplated under the Tax Code, together with such other documents required by the Tax Code (including, without limitation, California Form 593), to the California Franchise Tax Board.
12. Closing Procedure. When the Title Company is unconditionally prepared (subject to the payment of the premium therefor) to issue the Buyer’s Title Policy and all required documents and funds have been deposited with Escrow Holder, Escrow Holder shall immediately close Escrow in the manner and order provided below.
(a) Recording. Escrow Holder shall cause the Deed to be recorded pursuant to applicable law in the county in which the Real Property is located and obtain conformed copies thereof for distribution to Buyer and Seller.
(b) Disburse Funds. Escrow Holder shall debit or credit (as provided herein) all Buyer’s Costs and Debited Amounts, Seller’s Costs and Debited Amounts and General Expenses, prorate matters and withhold funds as provided herein. The Purchase Price, less any applicable debits or credits (which have been confirmed in writing by Seller to Escrow Holder and which may include any liens as to which such liens and the amount to satisfy such liens) shall be distributed by check payable to Seller unless Escrow Holder is instructed otherwise in writing signed by Seller (and, in such event, in accordance with such instructions). Seller authorizes Escrow Holder to request demands for payment and to make such payments from the Purchase Price (or such other funds, if any, as are advanced by Seller) to defray the cost of removing deeds of trust, liens and other encumbrances (but not for obligations of Buyer). Escrow Holder shall disburse on behalf of Buyer such moneys as are deposited by Buyer (in addition to the Purchase Price and Buyer’s share of closing costs) as the commission for Buyer’s Agent (unless Buyer’s Agent shall deliver a written statement to Escrow Holder which indicates that Buyer has arranged to pay Buyer’s Agent outside escrow and that payment of such remuneration is a matter with respect to which Escrow Holder and Seller need not be concerned).
(c) Documents to Seller. Escrow Holder shall deliver to Seller a conformed copy of the Deed, and documents, if any, recorded on behalf of any lender, as duly recorded among the official land records of the County of Los Angeles, and a copy of each other document (or copies thereof) deposited into Escrow by Buyer pursuant hereto. 10 (d) Documents to Buyer. Escrow Holder shall deliver to Buyer the original FIRPTA Certificate, the original California Exemption Certificate (as applicable), and a conformed copy of each of the Deed as duly recorded among the official land records of the County of Los Angeles, the Natural Hazard Report, one of the instruments described in subsection (f) of Section 7 hereof, and each other document (or copies thereof) deposited into Escrow by Seller pursuant hereto, including, without limitation, those documents referenced in Section 8. (e) Title Company. Escrow Holder shall cause the Title Company to issue the Buyer’s Title Policy to Buyer.
(f) Closing Statement. Escrow Holder shall forward to both Buyer and Seller a separate accounting of all funds received and disbursed for each party. (g) Informational Reports. Escrow Holder shall file any information reports required by Internal Revenue Code Section 6045(e), as amended. (h) Possession. Possession of the Real Property shall be delivered to Buyer at the Closing.
13. Representations and Warranties.
(a) Seller’s Representations and Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Real Property, Seller makes the following representations and warranties as of the Effective Date and as of the Closing, each of which is material and is being relied upon by Buyer (and the truth and accuracy of which shall constitute a condition precedent to Buyer’s obligations hereunder), and all of which are material inducements to Buyer to enter into this Agreement (and but for which Buyer would not have entered into this Agreement) and shall survive Closing:
(i) Seller believes that it has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated, subject to the approval of the Oversight Board and, as may be applicable, DOF. (ii) Subject to the approval of the Oversight Board and, as may be applicable, DOF, Seller believes that all requisite action (corporate, trust, partnership or otherwise) has been taken by Seller in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby.
(iii) Subject to the approval of the Oversight Board and, as may be applicable, DOF, the individual executing this Agreement and the instruments referenced herein on behalf of Seller has the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof.
(iv) Seller believes that neither the execution or delivery of this Agreement or the documents or instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement or the documents or instruments referenced herein or therein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note 11 or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, lease or other agreement or instrument to which Seller is a party or that affect the Real Property, including, but not limited to, any of the Title Documents or the Property Documents. (v) There is no pending litigation nor, to the best of Seller’s knowledge, threatened litigation, which does or will adversely affect the right of Seller to convey the Real Property. There are no claims which have been received by Seller that have not been disclosed to Buyer.
(vi) Seller has made no written or oral commitments to or agreements with any governmental authority or agency materially and adversely affecting the Real Property, or any part hereof, or any interest therein, which will survive the Closing. (vii) There are no leases or rental agreements in effect as to the Real Property.
(viii) Seller is not in default of its obligations under any contract, agreement or instrument to which Seller is a party pertaining to the Real Property. (ix) There are no mechanics’, materialmen’s or similar claims or liens presently claimed or which will be claimed against the Real Property for work performed or commenced for Seller or on Seller’s behalf prior to the date of this Agreement. (x) There are no undisclosed contracts, licenses, commitments, undertakings or other written or oral agreements for services, supplies or materials concerning the use, operation, maintenance, or management of the Real Property that will be binding upon Buyer or the Real Property after the Closing. There are no oral contracts or other oral agreements for services, supplies or materials, affecting the use, operation, maintenance or management of the Real Property. (xi) There are not as of the Effective Date, nor will there be as of the Closing, any written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Real Property or any part thereof, and no person other than Buyer shall have any right of possession to the Real Property or any part thereof as of the Closing.
(xii) No person, excepting Seller, has possession or any rights to possession of the Real Property or portion thereof.
(b) Subsequent Changes to Seller’s Representations and Warranties. If, prior to the Closing, Buyer or Seller should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Seller set forth herein incorrect or untrue in any respect (collectively, the “Seller Representation Matter”), then the party who has learned, discovered or become aware of such Representation Matter shall promptly give written notice thereof to the other party and Seller’s representations and warranties shall be automatically limited to account for the Representation Matter. Buyer shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Seller if Buyer reasonably disapproves any such change. If Buyer does not elect to terminate this Agreement, Seller’s representation shall be qualified by such Seller Representation Matter and Seller shall have no obligation to Buyer for such Seller Representation Matter.
12 (c) Buyer’s Representations and Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Real Property, Buyer makes the following representations and warranties as of the date hereof and at and as of the Closing, each of which is material and is being relied upon by Seller (and the truth and accuracy of which shall constitute a condition precedent to Seller’s obligations hereunder):
(i) Buyer has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby.
(ii) All requisite action has been taken by Buyer in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby.
(iii) The individuals executing this Agreement and the instruments referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions hereof and thereof.
(iv) Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party or by which any of Buyer’s properties are bound.
(d) Subsequent Changes to Buyer’s Representations and Warranties. If, prior to the Closing, Seller or Buyer should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Buyer set forth herein incorrect or untrue in any respect (collectively, the “Buyer’s Representation Matter”), then the party who has learned, discovered or become aware of such Buyer’s Representation Matter shall promptly give written notice thereof to the other party and Buyer’s representations and warranties shall be automatically limited to account for the Buyer’s Representation Matter. Seller shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Buyer if Seller reasonably disapproves any such change. If Seller does not elect to terminate this Agreement, Buyer’s representation shall be qualified by such Buyer’s Representation Matter and Buyer shall have no obligation to Seller for such Buyer’s Representation Matter.
14. Fair Value Price. Each of Buyer and Seller believe that the Purchase Price represents a fair value price for the Real Property. At such time as Buyer makes improvements to the Real Property, the costs for planning, designing, and constructing such improvements shall be borne exclusively by the Buyer and the Buyer shall construct or cause to be constructed such improvements in compliance with all the zoning, planning and design review requirements of the Lancaster Municipal Code, and all nondiscrimination, labor standard, and wage rate requirements to the extent such labor and wage requirements are applicable.
13 15. General Provisions.
(a) Condemnation. If any material portion of the Real Property shall be taken or appropriated by a public or quasi-public authority exercising the power of eminent domain, Buyer shall have the right, at its option, to (i) terminate this Agreement or (ii) proceed with the purchase of the Real Property and receive all of the award or payment made in connection with such taking. (b) Notices. All notices, demands, requests or other communications required or permitted hereunder (collectively, “Notices”) shall be in writing, shall be addressed to the receiving party as provided in the Basic Terms section above, and shall be personally delivered, sent by overnight mail (Federal Express or another carrier that provides receipts for all deliveries), sent by certified mail, postage prepaid, return receipt requested, or sent by facsimile transmission (provided that a successful transmission report is received). All Notices shall be effective upon receipt at the appropriate address. Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no Notice in accordance with this Section was given shall be deemed to constitute receipt of such Notice. The providing of copies of Notices to the parties’ respective counsels is for information only, is not required for valid Notice and does not alone constitute Notice hereunder.
(c) Brokers. Seller assumes sole responsibility for any consultants or brokers (“Seller’s Agents”) it may have retained in connection with the sale of the Real Property (and Buyer shall have no responsibility in connection with such matters). Seller represents to Buyer that Seller has engaged no private parties as consultants, finders or real estate brokers in connection with the sale of the Real Property to the Buyer, and there are no brokerage commission, finder’s fee or other compensation of any kind is due or owing to any person or entity in connection with this Agreement.
Seller agrees to and does hereby indemnify and hold the Buyer free and harmless from and against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the Seller in connection with this Agreement. Buyer assumes sole responsibility for any consultants or brokers (“Buyer’s Representatives”) it may have retained in connection with the purchase of the Real Property (and Seller shall have no responsibility in connection with such matters). Buyer represents to Seller that Buyer has engaged no consultants, finders or real estate brokers in connection with the sale of the Real Property to the Buyer, and there are no brokerage commission, finder’s fee or other compensation of any kind is due or owing to any person or entity in connection with this Agreement.
Buyer agrees to and does hereby indemnify and hold the Seller free and harmless from and against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the Buyer in connection with this Agreement.
(d) Waiver, Consent and Remedies. Each provision of this Agreement to be performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any breach thereof by Buyer or Seller shall be deemed a material default hereunder. Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of 14 obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement.
All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other.
Except as otherwise specified herein, either party hereto may pursue any one or more of its rights, options or remedies hereunder or may seek damages or specific performance in the event of the other party’s breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Agreement.
(e) Cooperation. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing in accordance with the provisions hereof and, following Closing. (f) Remedies. Without limitation as to the availability of other remedies, this Agreement may be enforced by an action for specific enforcement. (g) Time. Time is of the essence of every provision herein contained. In the computation of any period of time provided for in this Agreement or by law, the day of the act or event from which said period of time runs shall be excluded, and the last day of such period shall be included, unless it is a Saturday, Sunday, or legal holiday, in which case the period shall be deemed to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. Except as otherwise expressly provided herein, all time periods expiring on a specified date or period herein shall be deemed to expire at 5:00 p.m. on such specified date or period. (h) Extensions at Sole Discretion of Seller. In the event Buyer requests that Seller extend the time for sale of the Real Property, such request may be granted, conditionally granted or denied at the sole and absolute discretion of Seller.
(i) Counterparts; Facsimile Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. A facsimile signature shall be deemed an original signature.
(j) Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.
(k) No Obligations to Third Parties. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this Agreement to, any person or entity other than the parties hereto. (l) Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. (m) Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 15 (n) Applicable Law. This Agreement shall be governed by and construed in accordance with the local law of the State of California. (o) Exhibits and Schedules. The exhibits and schedules attached hereto are incorporated herein by this reference for all purposes. (p) Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between, and the final expression of, Buyer and Seller with respect to the subject matter hereof. The parties hereto expressly agree and confirm that this Agreement is executed without reliance on any oral or written statements, representations or promises of any kind which are not expressly contained in this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. (q) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of the parties hereto. (r) Assignment. Neither party may assign its rights under this Agreement without the prior consent of the other party.
[signatures begin on the following page]
16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
“SELLER”
SUCCESSOR AGENCY TO THE LANCASTER
REDEVELOPMENT AGENCY, a public entity,
corporate and politic
By:
Jason Caudle
Executive Director
“BUYER”
CITY OF LANCASTER, a municipal corporation
and charter city
By:
Jason Caudle
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance by Escrow Holder:
First American Title Company hereby acknowledges that it has received a fully executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions by and between the Successor Agency to the Lancaster Redevelopment Agency, a public entity, corporate and politic (“Seller”), and City of Lancaster, a municipal corporation and charter city (“Buyer”) and agrees to act as Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder.
Dated: _____________, 2024
FIRST AMERICAN TITLE COMPANY
By:
Name:
Its:
A-1
EXHIBIT A
LEGAL DESCRIPTION
[to come]
B-1
EXHIBIT B
DEED
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Lancaster
Attention: Chenin Dow
44933 N. Fern Avenue
Lancaster, CA 93534
APNs: 3138-006-900, 3138-006-901, 3138-006-902, [Space above for recorder.]
3138-006-903, 3138-006-904, 3138-012-900,
3138-017-901, 3138-017-902, 3138-017-903,
3138-017-904, 3138-017-905, 3138-017-906,
3138-017-907, 3138-017-908, 3138-017-909,
3138-017-910, 3138-017-911, 3138-017-912,
3138-017-913, 3138-017-914, 3138-017-915,
3138-017-916, 3138-017-917, 3138-017-918,
3138-017-919, 3138-017-920, 3138-020-900,
3138-020-901, 3138-020-902, 3138-020-903,
3138-020-904, 3138-020-905, 3138-020-906,
3138-021-902, 3138-021-903, 3138-021-904,
3138-021-905, 3138-021-906, 3138-021-907,
3138-021-908, 3138-021-909, 3138-021-910,
3138-021-911, 3138-021-912, 3138-021-913,
3138-028-900, 3138-028-901, 3138-028-902,
3138-028-903, 3138-028-904, 3138-028-905,
3138-028-910, 3138-028-911, 3138-028-912,
3138-028-913, 3138-030-932, 3138-032-900,
3138-034-911, 3138-034-912, 3138-034-913,
3138-034-915, 3138-035-900, 3138-035-901,
3138-035-902, 3138-035-903, 3138-035-904,
3138-035-905, 3138-035-906, 3138-035-907,
3138-035-908, 3138-035-909, 3138-035-910,
3138-035-911, 3138-035-912, 3138-035-913,
3138-035-915, 3138-035-916, 3138-035-917,
3138-035-918, 3138-035-919, 3138-035-920,
3138-035-921, 3138-035-922, 3138-035-923,
3138-035-924, 3138-036-900, 3138-036-901,
3138-036-902, 3138-036-903, 3138-036-904,
B-2
3138-036-905, 3138-036-906, 3138-036-907,
3138-036-908, 3138-036-909, 3138-036-910,
3138-036-911, 3138-036-912, 3122-007-901,
3122-017-900, 3122-017-901, 3153-006-900,
3176-003-900, 3176-003-901, 3176-019-900,
3176-020-902, 3203-011-900, 3268-024-900,
3105-001-915, 3105-001-916
DOCUMENTARY TRANSFER TAX $(exempt;
no consideration; exempt from recording charges,
Government Code Section 27383)
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Successor Agency to the Lancaster Redevelopment Agency, a public entity, corporate and politic (“Grantor”), hereby grants to City of Lancaster, a municipal corporation and charter city, that certain real property located in the County of Los Angeles, State of California, more particularly described on Attachment No. 1 attached hereto and incorporated herein by this reference (the “Property”), subject to existing easements, restrictions and covenants of record.IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of __________, 2024.
SUCCESSOR AGENCY TO THE LANCASTER
REDEVELOPMENT AGENCY
By:
Name: Jason Caudle
Title: Executive Director
ATTACHMENT NO. 1 TO GRANT DEED
TO EXHIBIT B
ATTACHMENT NO. 1 TO GRANT DEED
LEGAL DESCRIPTION
[to come]
CERTIFICATE OF ACCEPTANCE
CERTIFICATE OF ACCEPTANCE
This is to certify that the fee interest in real property conveyed under the foregoing deed by Successor Agency to the Lancaster Redevelopment Agency, as to the following property:
Real property in the City of Lancaster, County of Los Angeles, State of California, described as follows:
[legal descriptions to come]
is hereby accepted by the City Manager of the City of Lancaster, a municipal corporation and charter city (the “City”) on behalf of the City Council of City pursuant to authority conferred by action of the City Council, and the Grantee consents to recordation thereof by its duly authorized officer.
CITY OF LANCASTER,
a municipal corporation and charter city
Dated: ____________ __, 2024 By:
Jason Caudle
Its: City Manager
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On _____________________________, before me, ________________________________, Notary Public, (Print Name of Notary Public)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
_____________________________________________________________ Title(s)
_____________________________________________________________ Title Or Type Of Document
_____________________________________________________________ Number Of Pages
_____________________________________________________________ Date Of Documents
Partner(s) Limited General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:______________________________________
Signer is representing:
Name Of Person(s) Or Entity(ies)
_____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Signer(s) Other Than Named Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On _____________________________, before me, ________________________________, Notary Public, (Print Name of Notary Public)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
_____________________________________________________________ Title(s)
_____________________________________________________________ Title Or Type Of Document
_____________________________________________________________ Number Of Pages
_____________________________________________________________ Date Of Documents
Partner(s) Limited General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:______________________________________
Signer is representing:
Name Of Person(s) Or Entity(ies)
_____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Signer(s) Other Than Named Above
C-1
EXHIBIT C
FIRPTA CERTIFICATE
TRANSFEROR’S CERTIFICATE OF NON-FOREIGN STATUS
To inform City of Lancaster (“Transferee”), that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as amended (“Code”) will not be required upon the transfer of certain real property to the Transferee by the Successor Agency to the Lancaster Redevelopment Agency (the, “Transferor”), the undersigned hereby certifies the following:
1. The Transferor is not a foreign person or citizen, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder);
2. The Transferor’s social security number or U.S. employer identification number is as follows: _________________.
3. The Transferor’s home or office address is:
44933 N. Fern Avenue
Lancaster, California 93534
The Transferor understands that this certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalty of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document.
SUCCESSOR AGENCY TO THE LANCASTER
REDEVELOPMENT AGENCY
EXHIBIT A: LIST OF PARCELS
Herald Tract
3138-006-900
3138-006-901
3138-006-902
3138-006-903
3138-006-904
3138-012-900
3138-017-901
3138-017-902
3138-017-903
3138-017-904
3138-017-905
3138-017-906
3138-017-907
3138-017-908
3138-017-909
3138-017-910
3138-017-911
3138-017-912
3138-017-913
3138-017-914
3138-017-915
3138-017-916
3138-017-917
3138-017-918
3138-017-919
3138-017-920
3138-020-900
3138-020-901
3138-020-902
3138-020-903
3138-020-904
3138-020-905
3138-020-906
3138-021-902
3138-021-903
3138-021-904
3138-021-905
3138-021-906
3138-021-907
3138-021-908
3138-021-909
3138-021-910
3138-021-911
3138-021-912
3138-021-913
3138-028-900
3138-028-901
3138-028-902
3138-028-903
3138-028-904
3138-028-905
3138-028-910
3138-028-911
3138-028-912
3138-028-913
3138-030-932
3138-032-900
3138-034-911
3138-034-912
3138-034-913
3138-034-915
3138-035-900
3138-035-901
3138-035-902
3138-035-903
3138-035-904
3138-035-905
3138-035-906
3138-035-907
3138-035-908
3138-035-909
3138-035-910
3138-035-911
3138-035-912
3138-035-913
3138-035-915
3138-035-916
3138-035-917
3138-035-918
3138-035-919
3138-035-920
3138-035-921
3138-035-922
3138-035-923
3138-035-924
3138-036-900
3138-036-901
3138-036-902
3138-036-903
3138-036-904
3138-036-905
3138-036-906
3138-036-907
3138-036-908
3138-036-909
3138-036-910
3138-036-911
3138-036-912
Residential
3122-007-901
3122-017-900
3122-017-901
3153-006-900
3176-003-900
3176-003-901
3176-019-900
3176-020-902
3203-011-900
3268-024-900
Industrial
3105-001-915
3105-001-916
CC 2
02/13/24
JC
Tuesday, February 13, 2024
CALL TO ORDER
Mayor Parris called the meeting of the Lancaster City Council/Successor Agency/ Financing /Power/California Choice Energy Authority to order at 5:01 p.m.
ROLL CALL
PRESENT: City Council Members /Agency Directors /Authority Members: Hughes-Leslie, Malhi, Mann; Vice Mayor/Vice Chair Crist, Mayor/Chairman Parris STAFF MEMBERS:
City Manager/ Executive Director; Assistant City Manager/Deputy Executive Director; City Attorney/Agency/Authority Counsel; Assistant to the City Manager; City Clerk/Agency/Authority Secretary; Director-Public Works; Director-Community Development; Director-Parks, Recreation, Arts, & Community Services; Director-Finance & Technology; Chief of Police/Director of Public Safety
INVOCATION
Dr. Nathan McWherter, Desert Vineyard Church
PLEDGE OF ALLEGIANCE
Council Member Hughes-Leslie
PRESENTATION
1. Justice Sunday Presentation
Presented by: Jason Caudle, City Manager , Mayor R. Rex Parris & Nigel Holly
2. Certificate of Recognition to Antelope Valley Adventist School Student Hayden Benedict
Presented by: Jason Caudle, City Manager & Mayor R. Rex Parris
CC/SA/FA/HA/PA/CCEA Minutes-02/13/2024
2 3. Swearing-In of Chris Roberts, Assistant Chief of Police Presented by: Rodrick Armalin, Chief of Police & Mayor R. Rex Parris
SUCCESSOR AGENCY - CONSENT CALENDAR
On a motion by Vice Chair Crist and seconded by Authority Member Hughes-Leslie, the Successor Agency approved the Successor Agency Consent Calendar as comprised, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES:
None; ABSTAIN: None; ABSENT: None
SA CC 1. DECLARATION OF SURPLUS LAND
Adopted Resolution No. SA-03-24 declaring pursuant to Section 54221 of the Government Code that certain parcels of land owned by the Lancaster Successor Agency are surplus and not necessary for the Agency’s use.
CALIFORNIA CHOICE ENERGY AUTHORITY-CONSENT CALENDAR
On a motion by Vice Chair Crist and seconded by Authority Member Mann, the California Choice Energy Authority approved the California Choice Energy Authority Consent Calendar as comprised, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None CCEA CC 1. APPROVE THIRD AMENDED AND RESTATED BYLAWS OF THE
CALIFORNIA CHOICE ENERGY AUTHORITY
Approved Third Amended and Restated Bylaws of the California Choice Energy Authority and authorized the Executive Director, or designee, to execute all necessary documents.
CONSENT CALENDAR
On a motion by Vice Mayor Crist and seconded by Council Member Malhi, the City Council approved the Consent Calendar as comprised, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None
CC 1. ORDINANCE WAIVER
Waived further reading of any proposed ordinance. (This permit reading the title only in lieu of reciting the entire text.)
CC 2. MINUTES
Approved the City Council/Successor Agency/Financing/ Power/ CC/SA/FA/HA/PA/CCEA Minutes-02/13/2024
3 California Choice Energy Authority Regular Meeting Minutes of February 13, 2024 CC 3. CHECK REGISTERS – DECEMBER 3, 2023, THROUGH JANUARY 6, 2024.
Approved the Check and Wire Registers for December 2, 2023, through January 6, 2024, in the amount of $17,965,823.09 as presented.
CC 4. MONTHLY REPORTS OF INVESTMENTS - NOVEMBER & DECEMBER 2023.
Accepted and approved the submitted November & December 2023 Monthly Report of Investments.
CC 5. Final Map Approval – Tract Map No. 061817-01 (Located at the Northwest Corner of Avenue H-8 and 17th Street East)
Approved the map and accepted the dedications as offered on Tract Map No. 061817-01, located at the northwest corner of Avenue H-8 and 17th Street East; made findings that this project will not violate any of the provisions of Sections 66473.5, 66474.1 and 66474.6 of the Subdivision Map Act; and instructed the City Clerk to endorse on the face of the map the certificate which embodies the approval of said map and the dedications shown thereon.
CC 6. APPROVE THE LANCASTER ADVANCED ENERGY COMMUNITY GREEN
DISTRICT PILOT PROGRAM TARIFF AND PARTICIPANT AGREEMENT
Approved the Lancaster Advanced Energy Community (AEC) Green District Pilot Program Tariff and Participant Agreement
CC 7. ANNEXATION NO. 1 INTO COMMUNITY FACILITIES DISTRICT NO. 2021-1 (PUBLIC SERVICES)
Adopted Resolution No. 24-02 for intention to annex territory to Community Facilities District No. 2021-1 (Public Services), and to authorize the levy of special taxes.
CC 8. DECLARATION OF SURPLUS LAND
Adopted Resolution No. 24-03, declaring pursuant to Section 54221 of the Government Code that certain parcels of land owned by the City of Lancaster are surplus and not necessary for the City’s use.
CC 9. RESOLUTION APPROVING THE ADOPTION OF THE DEFINED BENEFIT PLATFORM PROPOSED BY SHUSTER ADVISORY GROUP, LLC.
The City Council adopted Resolution 24-04 approving the adoption of a new Defined Benefit platform for the City of Lancaster Supplemental Defined Benefit Retirement Plan CC/SA/FA/HA/PA/CCEA Minutes-02/13/2024
4 and related Governmental Excess Benefit Arrangement and the discontinuance of the Public Agency Retirement System’s (PARS) PARS Retirement Enhancement Plan (REP) and PARS City of Lancaster Excess Benefit Plan and the related Trusts. This Resolution was originally presented and approved by the City Council as Resolution No. 23-27 on May 9, 2023. The actual transition will occur on or around March 31, 2024, and the current administrator requires an approved Resolution with the actual date of termination within the resolution. This Resolution 24-04 is a restatement of the already approved Resolution 23-27, with the transition services dates updated.
CC 10.APPROVAL OF A THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH COHEN VENTURES, INC. DBA ENERGY SOLUTIONS FOR
DEVELOPMENT OF THE LANCASTER COMMUNITY SOLAR PROGRAM
1. Approved the Third Amendment to the Professional Services Agreement with Cohen Ventures Inc. (Energy Solutions) for the Development of the Lancaster Community Solar Program.
2. Extended the City’s engagement with Energy Solutions for a period of twelve (12) months through February 2025.
3. Authorized the City Manager, or his designee, to sign all documents.
CC 11.ANNEXATION NO. 1 INTO COMMUNITY FACILITIES DISTRICT NO. 2021-1 (PUBLIC SERVICES)
Adopted Resolution No. 24-05 for the intention to annex territory to Community Facilities District No. 2021-1 (Public Services), and to authorize the levy of special taxes.
CC 12.AMENDING EMPLOYEE CLASSIFICATION AND COMPENSATION
SCHEDULE AND INCREASING THE FULL TIME EQUIVALENT (FTE) HEADCOUNT
1. Adopted Resolution No. 24-06, amending Resolution 23-65, establishing a compensation schedule for various classifications of employees of the City of Lancaster and adding four (4) FTE positions.
2. Approved a budget adjustment in the amount of $170,276 to fund the four (4) additional positions for the remaining 4 months of the Fiscal Year 2023-2024.
PH 1. AMENDMENT TO CITYWIDE FEE SCHEDULE TO APPROVE PROPOSED STUDIO 606 FEES
Mayor Parris opened the public hearing.
Victoria Reyna, Assistant Director -Parks, Arts, Recreation and Community Services presented the staff report on this item.
CC/SA/FA/HA/PA/CCEA Minutes-02/13/2024
5 Mayor Parris closed the public hearing.
Discussion among Council included providing a discounted price for students.
On a motion by Vice Mayor Crist and seconded by Council Member Hughes-Leslie, the City Council adopted (1) Resolution No. 24-07 establishing fees for the City’s Studio 606. (2) Established revenue account 10166130.4703 in the amount of $2,700 for Studio 606, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None
NB1. RESOLUTION TO CREATE AN AD HOC COMMITTEE PURSUANT TO CHAPTER 2.32 OF THE MUNICIPAL CODE FOR THE PURPOSE OF STUDYING WHETHER AND RECOMMENDING HOW THE CITY’S AT-LARGE METHOD OF
CONDUCTING ELECTIONS MUST BE CHANGED TO COMPLY WITH THE CRVA
Allison Burns, City Attorney presented the staff report on this item.
Addressing the Council on this item:
Jason Zink- discussed the need for representation on the Council to also include the east side of Lancaster.
David Paul-discussed considering a way to increase registered voter turnout.
Discussion among Council included the difficulty of structuring districts and complexity of running a city based on districts.
On a motion by Vice Mayor Crist and seconded by Council Member Mann, the City Council (1) adopted Resolution No. 24-08, to create an Ad Hoc Committee pursuant to Chapter 2.32 of the Municipal Code for the purpose of studying whether and recommending how the City’s At-Large method of conducting elections must be changed to comply with the CRVA, by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None On a motion by Mayor Parris and seconded by Vice Mayor Crist, the City Council approved the nomination and appointment of committee members to the Ad Hoc Committee to review the at-large method of conducting elections, by the following vote:
5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN:
None; ABSENT: None
Appointed Ad Hoc Committee Members:
1. James Vose
2. Rocio Castellanos
3. Shawn Cannon
4. Drew Mercy
5. Irvine Carrillo
CC/SA/FA/HA/PA/CCEA Minutes-02/13/2024
6 6. Devin Birden
7. Jennifer Sanchez
NB2. OFFICE OF JUSTICE PROGRAMS FY23 BYRNE DISCRETIONARY GRANT
Rodrick Armalin, Chief of Police presented the staff report at this time.
On a motion by Vice Mayor Crist and seconded by Council Member Mann, the City Council recognized revenue in the amount of $1,100,000 into account number OJPBYRNE24.FEDOTHER (30030000.4998), and appropriated the same amount to expense account number OJPBYRNE24.MISCGRANT (30030000.5656), by the following vote: 5-0-0-0; AYES: Hughes-Leslie, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None
CR1. COUNCIL REPORTS
Council Member Mann reported on the Destination Lancaster meeting where hotel owners approved Flock camera installations.
Vice Mayor Crist reported on the Los Angeles County Sanitation District No. 14 meeting in which members declined another rate increase for District Fourteen (14).
Council Member Hughes-Leslie reported on her attendance at local neighborhood watch meeting.
LANCASTER HOUSING AUTHORITY
No action required at this time
LANCASTER FINANCING AUTHORITY
No action required at this time
LANCASTER POWER AUTHORITY
No action required at this time.
CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS
Staff provided a video recap of the Hyundai Mobile Clinic event; the AV Edge Office Ribbon Cutting, and a video on the Public Safety Update.
Jason Caudle, City Manager also announced the hiring of new City Engineer, Nicholas Godin.
CC/SA/FA/HA/PA/CCEA Minutes-02/13/2024
7 CITY CLERK /AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT
The City Clerk provided the public with the procedure to address the City Council/Successor Agency/Authority regarding non-agendized items.
PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
Addressing the City Council at this time:
Heather Varden-discussed issues with hazardous traffic at the school near Avenue K and Challenger Way.
Jason Zink- discussed various issues such as the hospital build; the ballot measure that does not include the Antelope Valley, and the need for businesses on the east side of Lancaster.
Jimmy Guevara discussed issues with veteran housing and support.
Tina Bennett- spoke in support of action taken to stop local neighborhood nuisance.
Ralph Torres-discussed opening of new local business.
Fran Sereseres- discussed building up the east side instead of having districts and also discussed traffic issues.
Dr. David Eckel- spoke in support of action taken to stop local neighborhood nuisance.
David Paul-discussed various issues.
Erin Aubrey- spoke in support of action taken to stop local neighborhood nuisance.
Janet Cea- spoke in support of action taken to stop local neighborhood nuisance.
Spencer Williams-spoke in support of action taken to stop local neighborhood nuisance.
Mayor Parris directed staff to request the Attorney General to take over prosecution of misdemeanors within the City of Lancaster.
CITY COUNCIL/AGENCY/AUTHORITY COMMENTS
No comments at this time.
ADJOURNMENT
Mayor/Chair Parris adjourned the meeting at 7:11 p.m. Mayor Parris stated that the next City Council/Successor Agency/Financing/Power Authority meeting will be held on Tuesday, February 27, 2024 at 5:00 p.m.
CC/SA/FA/HA/PA/CCEA Minutes-02/13/2024
8 PASSED, APPROVED and ADOPTED this 27th day of February, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
__________________________ _____________________________ ANDREA ALEXANDER R. REX PARRIS
CITY CLERK MAYOR/CHAIRMAN
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss
CITY OF LANCASTER }
CERTIFICATION OF MINUTES
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/ POWER/CALIFORNIA CHOICE
ENERGY AUTHORITY
I, ___________________________, ___________________________ of the City of Lancaster, CA, do hereby certify that this is a true and correct copy of the original City Council/Successor Agency/ Financing/ Power/California Choice Energy Authority Minutes, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, CA on this _______________ day of ______________________, ____________. (seal)
_____________________________________
STAFF REPORT
City of Lancaster
CC 3
2/27/2024
JC
Date:February 27, 2024
To: Mayor Parris and City Council Members
From: George N. Harris II
Subject:Check Registers – January 28, 2024, through February 10, 2024.
Recommendation:
Approve the Check and Wire Registers for January 28, 2024, through February 10, 2024, in the amount of $7,636,242.41 as presented.
Fiscal Impact:
$7,636,242.41 as detailed in the Check Registers.
Background:
At each regular City Council Meeting, the City Council is presented with a check and ACH/wire registers listing the financial claims (invoices) against the City for the purchase of materials, supplies, services, and capital projects issued the prior three to four weeks. This process provides the City Council the opportunity to review the city's expenditures. Claims are paid via checks, Automated Clearing House (ACH) payments, or federal wires. The justifying backup information for each expenditure is available in the Finance Department.
Check Nos.: 7446612-7446894 $ 4,108,676.02
ACH/Wire Check Nos.: 101011948-101011951 $ 3,527,566.39 $ 7,636,242.41
Voided Check No.: N/A
Voided ACH/Wire No.: 101011945-101011947
Attachment:
Check Register ACH/Wire Register
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 11054 A V CHEVROLET
01/08/24 24000524 7446612 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 50.63 INVOICE: 506201
01/12/24 24000524 7446612 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 39.47 INVOICE: 506266
12/14/23 24000524 7446612 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 178.23 INVOICE: 504726
12/14/23 24000524 7446612 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 95.94 INVOICE: 504725
VENDOR TOTALS 156,007.66 YTD INVOICED 156,007.66 YTD PAID 364.27 10740 A V ENGINEERING
11/27/23 24000323 7446613 P 02/02/24 10120000 5600 MISC. EXPENSES 8,983.75 INVOICE: 15830
11/27/23 24000323 7446613 P 02/02/24 10120000 5600 MISC. EXPENSES 2,706.00 INVOICE: 15831
VENDOR TOTALS 83,346.17 YTD INVOICED 83,346.17 YTD PAID 11,689.75 11395 A V PEST CONTROL
01/25/24 7446614 P 02/02/24 10163006 5710 PROFESSIONAL/TECHNICAL SE 190.00 INVOICE: 44885
12/19/23 7446614 P 02/02/24 10163014 5790 REPAIR & MAINTENANCE SERV 275.00 INVOICE: 44244
VENDOR TOTALS 13,280.00 YTD INVOICED 13,280.00 YTD PAID 465.00 10809 A V TRANSIT AUTHORITY
01/25/24 7446615 P 02/02/24 50110000 5725 SPONSORSHIP EXPENSE 10,000.00 INVOICE: 2023 FOOD DRIVE
11/28/23 7446615 P 02/02/24 50110000 5725 SPONSORSHIP EXPENSE 30,000.00 INVOICE: 2023HOL
VENDOR TOTALS 1,251,207.00 YTD INVOICED 1,251,207.00 YTD PAID 40,000.00 11026 A V WEB DESIGNS
02/01/24 24000239 7446616 P 02/02/24 11218000 5361 COMPUTERS SOFTWARE 99.95 INVOICE: 156874
02/01/24 24000239 7446616 P 02/02/24 11218000 5361 COMPUTERS SOFTWARE 99.95 INVOICE: 156825
VENDOR TOTALS 2,198.90 YTD INVOICED 2,098.95 YTD PAID 199.90 11407 ACTON ICE DELIVERY
09/22/23 24000791 7446617 P 02/02/24 10165037 5312 SPECIAL ACTIVITY SUPPLIES 5,401.30 INVOICE: 2477
VENDOR TOTALS 5,401.30 YTD INVOICED 5,401.30 YTD PAID 5,401.30 10079 ADT COMMERCIAL LLC
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 09/18/23 7446618 P 02/02/24 10163014 5710 PROFESSIONAL/TECHNICAL SE 53.05 INVOICE: 152188123
12/18/23 7446618 P 02/02/24 10163014 5710 PROFESSIONAL/TECHNICAL SE 53.05 INVOICE: 153257265
11/19/23 7446618 P 02/02/24 10163014 5710 PROFESSIONAL/TECHNICAL SE 53.05 INVOICE: 152899319
VENDOR TOTALS 5,280.31 YTD INVOICED 5,280.31 YTD PAID 159.15 10752 ALL GLASS & PLASTICS LLC
01/30/24 7446619 P 02/02/24 10163000 5798 VANDALISM 552.11 INVOICE: 96620
VENDOR TOTALS 1,164.36 YTD INVOICED 1,164.36 YTD PAID 552.11 12225 ALVAREZ, DIEGO
01/18/24 7446620 P 02/02/24 10165000 5312 SPECIAL ACTIVITY SUPPLIES 296.00 INVOICE: 240104
VENDOR TOTALS 692.55 YTD INVOICED 692.55 YTD PAID 296.00 11917 AMERICAN PLUMBING SERVICES,INC
01/09/24 7446622 P 02/02/24 10162100 5790 REPAIR & MAINTENANCE SERV 985.00 INVOICE: 29464
01/22/24 7446622 P 02/02/24 10163007 5790 REPAIR & MAINTENANCE SERV 795.00 INVOICE: 29664
11/02/23 7446622 P 02/02/24 10163099 5790 REPAIR & MAINTENANCE SERV 470.00 INVOICE: 29272
10/31/23 7446622 P 02/02/24 10163014 5790 REPAIR & MAINTENANCE SERV 509.00 INVOICE: 29212
VENDOR TOTALS 12,004.24 YTD INVOICED 12,004.24 YTD PAID 2,759.00 10821 ANDY GUMP, INC
01/29/24 7446623 P 02/02/24 10163013 5600 MISC. EXPENSES 77.40 INVOICE: INV1104890
09/01/23 7446623 P 02/02/24 10163006 5600 MISC. EXPENSES 33.74 INVOICE: INV1062316
01/30/24 7446623 P 02/02/24 10163006 5600 MISC. EXPENSES 33.74 INVOICE: INV1105184
VENDOR TOTALS 10,748.13 YTD INVOICED 10,730.27 YTD PAID 144.88 11840 ARROW TRANSIT MIX INC
01/23/24 24000061 7446624 P 02/02/24 21441000 5326 CONCRETE OPERATIONS 1,247.76 INVOICE: 43731
07/26/23 24000061 7446624 P 02/02/24 21441000 5326 CONCRETE OPERATIONS 1,140.27 INVOICE: 41900
07/27/23 24000061 7446624 P 02/02/24 21441000 5326 CONCRETE OPERATIONS 677.22 INVOICE: 41924
08/02/23 24000061 7446624 P 02/02/24 21441000 5326 CONCRETE OPERATIONS 1,683.25 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: 41983
08/08/23 24000061 7446624 P 02/02/24 21441000 5326 CONCRETE OPERATIONS 792.98 INVOICE: 42080
08/09/23 24000061 7446624 P 02/02/24 21441000 5326 CONCRETE OPERATIONS 677.22 INVOICE: 42093
08/10/23 24000061 7446624 P 02/02/24 21441000 5326 CONCRETE OPERATIONS 677.22 INVOICE: 42107
07/13/23 24000061 7446624 P 02/02/24 21441000 5326 CONCRETE OPERATIONS 792.98 INVOICE: 41787
07/19/23 24000061 7446624 P 02/02/24 21441000 5326 CONCRETE OPERATIONS 1,429.68 INVOICE: 41846
VENDOR TOTALS 56,929.23 YTD INVOICED 56,929.23 YTD PAID 9,118.58 12615 ATLANTA DRONE GROUP INC.
01/10/24 24000879 7446625 P 02/02/24 10132000 5350 NON-CAPITAL EQUIPMENT 9,947.00 INVOICE: 2636
VENDOR TOTALS 9,947.00 YTD INVOICED 9,947.00 YTD PAID 9,947.00 12504 AV SIGNS AND DESIGNS, INC
12/01/23 7446626 P 02/02/24 23069900 8000 CAPITAL IMPROVEMENT 1,815.33 INVOICE: 20231393
01/18/24 7446627 P 02/02/24 10167021 5720 ADVERTISING 208.06 INVOICE: 20240035
VENDOR TOTALS 2,852.13 YTD INVOICED 2,852.13 YTD PAID 2,023.39 10869 AXES FIRE INC
01/05/24 24000154 7446628 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 75.00 INVOICE: 026080
VENDOR TOTALS 7,188.17 YTD INVOICED 7,188.17 YTD PAID 75.00 12404 B2R CONSULTING GROUP, INC.
12/31/23 7446629 P 02/02/24 11313200 5740 LEGAL SERVICES 5,456.97 INVOICE: 6558
VENDOR TOTALS 13,247.97 YTD INVOICED 13,247.97 YTD PAID 5,456.97 11752 BEST BEST & KRIEGER LLP
01/12/24 24000610 7446630 P 02/02/24 10121000 5710 PROFESSIONAL/TECHNICAL SE 6,470.82 INVOICE: 985493
01/12/24 24000610 7446630 P 02/02/24 31422000 5710 PROFESSIONAL/TECHNICAL SE 891.00 INVOICE: 985491
01/12/24 24000610 7446631 P 02/02/24 31422000 5710 PROFESSIONAL/TECHNICAL SE 396.00 INVOICE: 985492
VENDOR TOTALS 57,569.12 YTD INVOICED 53,661.38 YTD PAID 7,757.82 12349 BKF ENGINEERS
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 01/11/24 24000465 7446632 P 02/02/24 41149900 8000 CAPITAL IMPROVEMENT 1,047.00 INVOICE: 24010250
VENDOR TOTALS 57,682.50 YTD INVOICED 57,682.50 YTD PAID 1,047.00 10636 BLESSEDCO ELECTRIC INC
01/29/24 7446633 P 02/02/24 41300000 2001 RETAINAGE 10,029.50 INVOICE: CP22010-7RET
01/29/24 7446633 P 02/02/24 10100000 2001 RETAINAGE 350.00 INVOICE: CP22010-7RET
01/29/24 7446633 P 02/02/24 10100000 2001 RETAINAGE 1,311.44 INVOICE: CP22010-7RET
VENDOR TOTALS 14,398.44 YTD INVOICED 14,398.44 YTD PAID 11,690.94 11116 BREMER WHYTE BROWN & O'MEARA
12/31/23 7446634 P 02/02/24 11313200 5740 LEGAL SERVICES 3,925.00 INVOICE: 057-19D-31
12/31/23 7446634 P 02/02/24 11313200 5740 LEGAL SERVICES 75.00 INVOICE: 057-19H-25
12/31/23 7446634 P 02/02/24 11313200 5740 LEGAL SERVICES 6,075.00 INVOICE: 040-23-5
12/31/23 7446634 P 02/02/24 11313200 5740 LEGAL SERVICES 10.75 INVOICE: 053-22-6
12/31/23 7446634 P 02/02/24 11313200 5740 LEGAL SERVICES 2,048.50 INVOICE: 015-23A-4
12/31/23 7446634 P 02/02/24 11313200 5740 LEGAL SERVICES 4,606.00 INVOICE: 001-23-8
12/31/23 7446634 P 02/02/24 11313200 5740 LEGAL SERVICES 1,200.00 INVOICE: 023-20-31
VENDOR TOTALS 90,333.87 YTD INVOICED 90,333.87 YTD PAID 17,940.25 11201 BROWN, BETTY ANN
01/17/24 7446635 P 02/02/24 10166000 5312 SPECIAL ACTIVITY SUPPLIES 250.00 INVOICE: 0000
VENDOR TOTALS 7,250.00 YTD INVOICED 7,250.00 YTD PAID 250.00 11879 CA WATER ENVIRONMENTAL ASSN
01/09/24 7446636 P 02/02/24 42043000 5400 DUES & MEMBERSHIPS 221.00 INVOICE: 336991-240131-GW
01/09/24 7446636 P 02/02/24 42043000 5413 GOVERNMENT FEES/LICENSES 98.00 INVOICE: 434563-240131-NB
VENDOR TOTALS 2,582.00 YTD INVOICED 2,582.00 YTD PAID 319.00 10989 CANON FINANCIAL SERVICES, INC
01/12/24 7446637 P 02/02/24 10117000 5730 PRINTING/BINDING 307.17 INVOICE: 31917468
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 52,778.76 YTD INVOICED 52,778.76 YTD PAID 307.17 12235 CARLON, JORDY
01/29/24 7446638 P 02/02/24 10164141 5710 PROFESSIONAL/TECHNICAL SE 391.00 INVOICE: 240126
VENDOR TOTALS 3,036.00 YTD INVOICED 3,036.00 YTD PAID 391.00 10859 CARRIER COMMUNICATIONS
01/01/24 24000038 7446639 P 02/02/24 10132000 5316 EMERGENCY SUPPLIES 680.49 INVOICE: 39429
VENDOR TOTALS 4,763.43 YTD INVOICED 4,763.43 YTD PAID 680.49 12191 CAUDLE, JASON
01/23/24 7446640 P 02/02/24 10110000 5900 MEETINGS & CONFERENCES 185.00 INVOICE: 240208
VENDOR TOTALS 2,514.89 YTD INVOICED 2,514.89 YTD PAID 185.00 11727 CHARTER COMMUNICATIONS HOLDING
11/27/23 7446641 P 02/02/24 10163014 5710 PROFESSIONAL/TECHNICAL SE 551.83 INVOICE: 2257364112723
10/27/23 7446642 P 02/02/24 10163014 5710 PROFESSIONAL/TECHNICAL SE 551.83 INVOICE: 2257364102723
VENDOR TOTALS 24,308.25 YTD INVOICED 23,740.43 YTD PAID 1,103.66 10145 CLIFTON LARSON ALLEN LLP
01/08/24 24000876 7446643 P 02/02/24 10117100 5710 PROFESSIONAL/TECHNICAL SE 2,787.75 INVOICE: L241003684
01/22/24 24000876 7446643 P 02/02/24 10117100 5710 PROFESSIONAL/TECHNICAL SE 4,354.88 INVOICE: L241017200
01/22/24 24000876 7446643 P 02/02/24 10117100 5710 PROFESSIONAL/TECHNICAL SE 2,945.25 INVOICE: L231013966
VENDOR TOTALS 97,627.43 YTD INVOICED 95,432.93 YTD PAID 10,087.88 11339 CODY, RAYMOND
01/29/24 7446644 P 02/02/24 10164141 5710 PROFESSIONAL/TECHNICAL SE 125.00 INVOICE: 240126
VENDOR TOTALS 1,775.00 YTD INVOICED 1,775.00 YTD PAID 125.00 11279 CORRALES, RUDY
01/29/24 7446645 P 02/02/24 10164141 5710 PROFESSIONAL/TECHNICAL SE 184.00 INVOICE: 240126
VENDOR TOTALS 1,426.00 YTD INVOICED 1,426.00 YTD PAID 184.00 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 11176 COSTAR REALTY INFORMATION INC
01/05/24 24000697 7446646 P 02/02/24 10124000 5710 PROFESSIONAL/TECHNICAL SE 1,786.77 INVOICE: 120558506
VENDOR TOTALS 10,847.63 YTD INVOICED 10,847.63 YTD PAID 1,786.77 11466 CREATIVE BRAIN LEARNING LLC
01/20/24 7446647 P 02/02/24 10164300 5105 SALARIES- OTHER 168.00 INVOICE: 230123
VENDOR TOTALS 497.00 YTD INVOICED 497.00 YTD PAID 168.00 12308 DAMBROT, SHANA NYS
01/16/24 7446648 P 02/02/24 10166000 5312 SPECIAL ACTIVITY SUPPLIES 250.00 INVOICE: 1118
VENDOR TOTALS 500.00 YTD INVOICED 500.00 YTD PAID 250.00 11794 DAPEER,ROSENBLIT & LITVAK, LLP
12/31/23 24000885 7446649 P 02/02/24 10130000 5710 PROFESSIONAL/TECHNICAL SE 5,603.76 INVOICE: 22492
VENDOR TOTALS 22,396.12 YTD INVOICED 22,396.12 YTD PAID 5,603.76 12054 DE LA CRUZ, LARISSA
01/25/24 7446650 P 02/02/24 10120000 5900 MEETINGS & CONFERENCES 185.00 INVOICE: 240208
VENDOR TOTALS 974.00 YTD INVOICED 974.00 YTD PAID 185.00 10867 DESERT LOCK COMPANY
01/24/24 7446651 P 02/02/24 10132000 5782 CODE/DEMOLITION ACTIVITY 50.00 INVOICE: 68151
01/24/24 7446651 P 02/02/24 10130000 5710 PROFESSIONAL/TECHNICAL SE 75.00 INVOICE: 68152
01/23/24 7446651 P 02/02/24 21863000 5790 REPAIR & MAINTENANCE SERV 75.00 INVOICE: 68047
01/25/24 7446651 P 02/02/24 21863000 5790 REPAIR & MAINTENANCE SERV 68.27 INVOICE: 68154
01/22/24 7446651 P 02/02/24 10163099 5790 REPAIR & MAINTENANCE SERV 26.74 INVOICE: 68062
12/13/23 7446651 P 02/02/24 10163013 5790 REPAIR & MAINTENANCE SERV 180.48 INVOICE: 67858
12/21/23 7446651 P 02/02/24 10163099 5790 REPAIR & MAINTENANCE SERV 79.93 INVOICE: 67925
VENDOR TOTALS 13,984.78 YTD INVOICED 13,984.78 YTD PAID 555.42 11423 DESIGNERS TOUCH LANDSCAPE INC
01/29/24 7446652 P 02/02/24 10163002 5790 REPAIR & MAINTENANCE SERV 1,950.00 INVOICE: 742
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 69,355.00 YTD INVOICED 69,355.00 YTD PAID 1,950.00 10943 DEWEY PEST CONTROL
07/27/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 77.00 INVOICE: 16057928
08/23/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 50.00 INVOICE: 16043011
08/27/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 140.00 INVOICE: 16043012
09/28/23 7446653 P 02/02/24 10163099 5790 REPAIR & MAINTENANCE SERV 95.00 INVOICE: 16133579
10/28/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 77.00 INVOICE: 16155495
09/28/23 7446653 P 02/02/24 10163020 5710 PROFESSIONAL/TECHNICAL SE 110.00 INVOICE: 16161078
09/28/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 50.00 INVOICE: 16140247
08/27/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 78.00 INVOICE: 16043010
08/27/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 50.00 INVOICE: 16060631
08/27/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 90.00 INVOICE: 16043009
08/27/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 95.00 INVOICE: 16095560
08/27/23 7446653 P 02/02/24 10163020 5710 PROFESSIONAL/TECHNICAL SE 110.00 INVOICE: 16064015
09/28/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 50.00 INVOICE: 16158185
09/28/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 120.00 INVOICE: 16165281
07/29/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 120.00 INVOICE: 16018470
07/29/23 7446653 P 02/02/24 10163020 5710 PROFESSIONAL/TECHNICAL SE 50.00 INVOICE: 16011071
07/29/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 95.00 INVOICE: 15983047
07/29/23 7446653 P 02/02/24 10163020 5710 PROFESSIONAL/TECHNICAL SE 110.00 INVOICE: 16014374
07/29/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 77.00 INVOICE: 16008383
07/29/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 50.00 INVOICE: 15992370
07/04/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 95.00 INVOICE: 15968717
07/04/23 7446653 P 02/02/24 10163020 5710 PROFESSIONAL/TECHNICAL SE 110.00 INVOICE: 15930546
07/04/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 120.00 INVOICE: 15941580
10/28/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 140.00 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: 16176530
10/28/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 50.00 INVOICE: 16176529
10/28/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 90.00 INVOICE: 16176527
10/28/23 7446653 P 02/02/24 10163020 5710 PROFESSIONAL/TECHNICAL SE 78.00 INVOICE: 16176528
10/28/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 77.00 INVOICE: 16191143
10/28/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 95.00 INVOICE: 16229098
12/29/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 90.00 INVOICE: 16307729
12/29/23 7446653 P 02/02/24 10163020 5710 PROFESSIONAL/TECHNICAL SE 50.00 INVOICE: 16325126
12/29/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 120.00 INVOICE: 16331609
12/29/23 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 95.00 INVOICE: 16360086
12/29/23 7446653 P 02/02/24 10163020 5710 PROFESSIONAL/TECHNICAL SE 110.00 INVOICE: 16328182
01/28/24 7446653 P 02/02/24 10163020 5710 PROFESSIONAL/TECHNICAL SE 50.00 INVOICE: 16389265
01/28/24 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 120.00 INVOICE: 16395716
01/28/24 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 95.00 INVOICE: 16424533
01/28/24 7446653 P 02/02/24 10163020 5710 PROFESSIONAL/TECHNICAL SE 110.00 INVOICE: 16392332
01/28/24 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 77.00 INVOICE: 16386500
01/28/24 7446653 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 50.00 INVOICE: 16371616
VENDOR TOTALS 4,523.00 YTD INVOICED 4,523.00 YTD PAID 3,516.00 11142 DIAZ, BRANDON
01/20/24 7446654 P 02/02/24 10164300 5105 SALARIES- OTHER 105.00 INVOICE: 230123
VENDOR TOTALS 105.00 YTD INVOICED 105.00 YTD PAID 105.00 10702 DINO, PAUL
01/23/24 7446655 P 02/02/24 10132000 5710 PROFESSIONAL/TECHNICAL SE 160.00 INVOICE: 1-24
VENDOR TOTALS 480.00 YTD INVOICED 480.00 YTD PAID 160.00 11375 DUKE ENGINEERING AND ASSOCS
08/22/23 7446656 P 02/02/24 10163006 5710 PROFESSIONAL/TECHNICAL SE 665.00 INVOICE: 23001-6
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 97,027.50 YTD INVOICED 97,027.50 YTD PAID 665.00 12598 ECONOMIC & PLANNING SYSTEMS INC
11/30/23 24000866 7446657 P 02/02/24 21249900 8000 CAPITAL IMPROVEMENT 2,088.75 INVOICE: 234006-1
12/31/23 24000866 7446657 P 02/02/24 21249900 8000 CAPITAL IMPROVEMENT 11,682.50 INVOICE: 234006-2
VENDOR TOTALS 13,771.25 YTD INVOICED 13,771.25 YTD PAID 13,771.25 11549 EFFERSON, DEENA M
01/20/24 7446658 P 02/02/24 10164300 5105 SALARIES- OTHER 240.00 INVOICE: 230123
VENDOR TOTALS 1,017.00 YTD INVOICED 1,017.00 YTD PAID 240.00 10955 EGGERTH, DARRELL
01/29/24 7446659 P 02/02/24 10164141 5710 PROFESSIONAL/TECHNICAL SE 276.00 INVOICE: 240126
VENDOR TOTALS 1,978.00 YTD INVOICED 1,978.00 YTD PAID 276.00 11513 ENCOMPASS CONSULTANT GROUP INC
12/05/23 24000050 7446660 P 02/02/24 21749900 8000 CAPITAL IMPROVEMENT 20,312.50 INVOICE: 05092
VENDOR TOTALS 155,557.90 YTD INVOICED 155,557.90 YTD PAID 20,312.50 11894 ENVIRONMENTAL SOUND SOLUTIONS
01/01/24 7446661 P 02/02/24 10115000 5710 PROFESSIONAL/TECHNICAL SE 65.00 INVOICE: C28154
11/01/23 7446661 P 02/02/24 10115000 5710 PROFESSIONAL/TECHNICAL SE 65.00 INVOICE: C24278
12/01/23 7446661 P 02/02/24 10115000 5710 PROFESSIONAL/TECHNICAL SE 65.00 INVOICE: C25821
09/01/23 7446661 P 02/02/24 10115000 5710 PROFESSIONAL/TECHNICAL SE 65.00 INVOICE: C21604
10/01/23 7446661 P 02/02/24 10115000 5710 PROFESSIONAL/TECHNICAL SE 65.00 INVOICE: C22931
VENDOR TOTALS 455.00 YTD INVOICED 455.00 YTD PAID 325.00 11832 ESTES, MAURICE
01/29/24 7446662 P 02/02/24 10164141 5710 PROFESSIONAL/TECHNICAL SE 92.00 INVOICE: 240126
VENDOR TOTALS 759.00 YTD INVOICED 759.00 YTD PAID 92.00 12613 FAIR HOUSING FOUNDATION
08/01/23 24000900 7446663 P 02/02/24 31022000 5656 GRANT EXPENSE 3,245.33 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: FY24-001
09/01/23 24000900 7446663 P 02/02/24 31022000 5656 GRANT EXPENSE 3,273.78 INVOICE: FY24-002
10/01/23 24000900 7446663 P 02/02/24 31022000 5656 GRANT EXPENSE 3,945.94 INVOICE: FY24-003
11/01/23 24000900 7446663 P 02/02/24 31022000 5656 GRANT EXPENSE 3,625.82 INVOICE: FY24-004
12/01/23 24000900 7446663 P 02/02/24 31022000 5656 GRANT EXPENSE 3,342.85 INVOICE: FY24-005
VENDOR TOTALS 17,433.72 YTD INVOICED 17,433.72 YTD PAID 17,433.72 11923 FASTENAL COMPANY
01/03/24 7446664 P 02/02/24 10117000 5730 PRINTING/BINDING 331.05 INVOICE: CALAN72139
01/23/24 7446665 P 02/02/24 10132000 5310 OPERATING MATERIALS & SUP 133.28 INVOICE: CALAN72267
VENDOR TOTALS 115,377.89 YTD INVOICED 114,471.41 YTD PAID 464.33 11014 FEDERAL EXPRESS CORPORATION
01/25/24 7446666 P 02/02/24 10100000 2027 ACCOUNTS PAYABLE - POSTAG 43.01 INVOICE: 8-389-44534
VENDOR TOTALS 3,136.51 YTD INVOICED 3,073.55 YTD PAID 43.01 11877 FISH WINDOW CLEANING
01/08/24 7446667 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 328.00 INVOICE: 2805-118965
VENDOR TOTALS 1,728.00 YTD INVOICED 1,400.00 YTD PAID 328.00 12568 FLOTO, NICOLE
01/26/24 7446668 P 02/02/24 10163006 5315 UNIFORMS 265.51 INVOICE: 240126
VENDOR TOTALS 265.51 YTD INVOICED 265.51 YTD PAID 265.51 11334 FRANKLIN TRUCK PARTS INC
01/18/24 24000150 7446669 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 50.76 INVOICE: AV89887
VENDOR TOTALS 5,601.24 YTD INVOICED 5,601.24 YTD PAID 50.76 12331 STHILAIRE SANCHEZ, JENNIFER
01/20/24 7446670 P 02/02/24 10164300 5105 SALARIES- OTHER 24.00 INVOICE: 230123
VENDOR TOTALS 156.00 YTD INVOICED 156.00 YTD PAID 24.00 10462 GONZALEZ PROPERTY SVCS
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 01/06/24 24000778 7446671 P 02/02/24 10166020 5310 OPERATING MATERIALS & SUP 5,390.00 INVOICE: 23034
01/08/24 7446671 P 02/02/24 10166020 5310 OPERATING MATERIALS & SUP 850.00 INVOICE: 23035
01/12/24 7446671 P 02/02/24 10163002 5790 REPAIR & MAINTENANCE SERV 790.00 INVOICE: 23041
01/13/24 7446671 P 02/02/24 10163000 5798 VANDALISM 1,560.00 INVOICE: 23043
01/18/24 7446671 P 02/02/24 10163000 5798 VANDALISM 1,390.00 INVOICE: 23047
01/17/24 7446671 P 02/02/24 10163000 5798 VANDALISM 650.00 INVOICE: 23045
01/16/24 7446671 P 02/02/24 10163000 5798 VANDALISM 785.00 INVOICE: 23044
01/22/24 7446671 P 02/02/24 10163000 5798 VANDALISM 650.00 INVOICE: 23049
01/11/24 7446671 P 02/02/24 10163099 5790 REPAIR & MAINTENANCE SERV 1,985.00 INVOICE: 23040
01/23/24 7446671 P 02/02/24 10163003 5790 REPAIR & MAINTENANCE SERV 585.00 INVOICE: 23051
01/26/24 7446671 P 02/02/24 10163000 5798 VANDALISM 1,260.00 INVOICE: 23052
01/24/24 7446671 P 02/02/24 10163006 5790 REPAIR & MAINTENANCE SERV 565.00 INVOICE: 23054
01/26/24 7446671 P 02/02/24 21863000 5790 REPAIR & MAINTENANCE SERV 460.00 INVOICE: 23056
01/26/24 7446671 P 02/02/24 10163000 5798 VANDALISM 650.00 INVOICE: 23058
01/17/24 7446671 P 02/02/24 10163099 5790 REPAIR & MAINTENANCE SERV 1,375.00 INVOICE: 23046
VENDOR TOTALS 269,568.00 YTD INVOICED 263,438.00 YTD PAID 18,945.00 12318 GONZALEZ, ALEXANDRA
01/16/24 7446672 P 02/02/24 10130000 5900 MEETINGS & CONFERENCES 407.00 INVOICE: 240205
VENDOR TOTALS 648.50 YTD INVOICED 648.50 YTD PAID 407.00 10922 GOV CONNECTION INC
12/28/23 24000772 7446673 P 02/02/24 10166023 5370 AUDIO VISUALS 5,500.85 INVOICE: 74848311
VENDOR TOTALS 28,277.63 YTD INVOICED 28,277.63 YTD PAID 5,500.85 10841 GRAINGER
12/07/23 24000525 7446674 P 02/02/24 11144000 5312 SPECIAL ACTIVITY SUPPLIES 477.30 INVOICE: 9928261834
VENDOR TOTALS 12,993.25 YTD INVOICED 12,993.25 YTD PAID 477.30 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 10575 GUANDIQUE, JORGE MARIO
01/29/24 7446675 P 02/02/24 10164141 5710 PROFESSIONAL/TECHNICAL SE 437.00 INVOICE: 240126
VENDOR TOTALS 3,174.00 YTD INVOICED 3,174.00 YTD PAID 437.00 10970 H & H AUTO PARTS WHOLESALE
01/16/24 24000161 7446676 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 38.53 INVOICE: 2IN0122016
01/17/24 24000161 7446676 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 249.63 INVOICE: 2IN0122031
01/17/24 24000161 7446676 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 247.33 INVOICE: 2IN0122046
01/17/24 7446676 P 02/02/24 11144000 5321 VEHICLE OPERATIONS -177.61 INVOICE: 2CR0019674
01/18/24 7446676 P 02/02/24 11144000 5321 VEHICLE OPERATIONS -54.50 INVOICE: 2CR0019681
01/18/24 24000161 7446676 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 43.24 INVOICE: 2IN0122099
01/18/24 24000161 7446676 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 13.85 INVOICE: 2IN0122105
01/18/24 24000161 7446676 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 23.57 INVOICE: 2IN0122111
VENDOR TOTALS 12,114.69 YTD INVOICED 12,114.69 YTD PAID 384.04 10815 HARRELL, BARON
01/29/24 7446677 P 02/02/24 10164141 5710 PROFESSIONAL/TECHNICAL SE 440.00 INVOICE: 240126
VENDOR TOTALS 1,221.00 YTD INVOICED 1,221.00 YTD PAID 440.00 12296 HARRIS, GEORGE
01/22/24 7446678 P 02/02/24 10117000 5910 TRAVEL/MILEAGE REIMBURSEM 166.50 INVOICE: 240208
VENDOR TOTALS 832.50 YTD INVOICED 832.50 YTD PAID 166.50 11412 HDL COREN & CONE
01/19/24 24000659 7446679 P 02/02/24 10117100 5710 PROFESSIONAL/TECHNICAL SE 5,562.50 INVOICE: SIN035343
VENDOR TOTALS 17,582.50 YTD INVOICED 17,582.50 YTD PAID 5,562.50 11306 HERC RENTALS INC
01/04/24 7446680 P 02/02/24 10163006 5600 MISC. EXPENSES 1,997.92 INVOICE: 34266280-001
VENDOR TOTALS 9,960.00 YTD INVOICED 9,910.00 YTD PAID 1,997.92 11435 HIGHLAND HIGH SCHOOL CHOIR
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 01/16/24 7446681 P 02/02/24 10165032 5312 SPECIAL ACTIVITY SUPPLIES 200.00 INVOICE: 240114JUSTSUNDAY
VENDOR TOTALS 200.00 YTD INVOICED 200.00 YTD PAID 200.00 10732 HUNT, TERELL
01/29/24 7446682 P 02/02/24 10164141 5710 PROFESSIONAL/TECHNICAL SE 69.00 INVOICE: 240126
VENDOR TOTALS 1,196.00 YTD INVOICED 1,196.00 YTD PAID 69.00 12291 IDS GROUP, INC
10/31/23 24000332 7446683 P 02/02/24 31049900 8000 CAPITAL IMPROVEMENT 21,286.00 INVOICE: 23X028.00-6
VENDOR TOTALS 117,159.00 YTD INVOICED 117,159.00 YTD PAID 21,286.00 11983 JOHNSON, TIFFANY
01/21/24 24000059 7446684 P 02/02/24 10115100 5710 PROFESSIONAL/TECHNICAL SE 5,672.36 INVOICE: 253
VENDOR TOTALS 38,688.57 YTD INVOICED 38,688.57 YTD PAID 5,672.36 12060 JONES, NICOLE
01/25/24 7446685 P 02/02/24 10120000 5900 MEETINGS & CONFERENCES 182.24 INVOICE: 240121MLGE
VENDOR TOTALS 1,336.46 YTD INVOICED 1,336.46 YTD PAID 182.24 12639 JOSEPH ARRIGHI LIMITED PARTNERSHIP
10/18/23 7446686 P 02/02/24 21749900 8000 CAPITAL IMPROVEMENT 758.52 INVOICE: CP24002-231018
VENDOR TOTALS 758.52 YTD INVOICED 758.52 YTD PAID 758.52 11881 KERN MACHINERY INC-LANCASTER
01/08/24 24000146 7446687 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 36.05 INVOICE: 104-1123669
10/31/23 7446687 P 02/02/24 42126000 5310 OPERATING MATERIALS & SUP 132.27 INVOICE: 104-1109212
VENDOR TOTALS 9,220.58 YTD INVOICED 9,220.58 YTD PAID 168.32 10654 KIDS DREAM RUN CLUB, LLC
01/20/24 7446688 P 02/02/24 10164300 5105 SALARIES- OTHER 280.00 INVOICE: 230123
VENDOR TOTALS 980.00 YTD INVOICED 980.00 YTD PAID 280.00 10932 KIMBALL MIDWEST
01/08/24 24000169 7446689 P 02/02/24 21442000 5795 TRAFFIC SIGNAGE 501.64 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: 101792947
VENDOR TOTALS 3,857.90 YTD INVOICED 3,857.90 YTD PAID 501.64 11688 KIMLEY-HORN & ASSOCIATES INC
10/31/23 24000483 7446691 P 02/02/24 30049900 8000 CAPITAL IMPROVEMENT 32,432.82 INVOICE: 099427004-1023
12/31/23 24000789 7446690 P 02/02/24 23046000 5656 GRANT EXPENSE 4,940.00 INVOICE: 26452902
VENDOR TOTALS 1,034,765.95 YTD INVOICED 1,034,765.95 YTD PAID 37,372.82 12015 KINGS OF DISCO, INC.
01/12/24 24000386 7446692 P 02/02/24 10167021 5700 SERVICES 9,500.00 INVOICE: 240202BAL
01/12/24 24000386 7446692 P 02/02/24 10100000 2254 NON-RESIDENT PERFORMER W/ -525.00 INVOICE: 240202BAL
VENDOR TOTALS 8,975.00 YTD INVOICED 8,975.00 YTD PAID 8,975.00 11821 KOCUREK, PHILLIP
01/20/24 7446693 P 02/02/24 10164300 5105 SALARIES- OTHER 180.00 INVOICE: 230123
VENDOR TOTALS 450.00 YTD INVOICED 450.00 YTD PAID 180.00 11776 L A CO FIRE DEPT
12/27/23 7446694 P 02/02/24 10163014 5710 PROFESSIONAL/TECHNICAL SE 602.00 INVOICE: IN0442084
VENDOR TOTALS 356,833.27 YTD INVOICED 356,833.27 YTD PAID 602.00 12662 L STREET PROPERTIES LLC
01/31/24 7446695 P 02/02/24 12024000 8010 PROPERTY AQUISTION 346,330.00 INVOICE: 240202
VENDOR TOTALS 346,330.00 YTD INVOICED 346,330.00 YTD PAID 346,330.00 10077 LANDSCAPE CONNECTION GROUP
01/16/24 7446696 P 02/02/24 10126000 5710 PROFESSIONAL/TECHNICAL SE 1,950.00 INVOICE: 3154
01/29/24 7446696 P 02/02/24 10163006 5790 REPAIR & MAINTENANCE SERV 500.00 INVOICE: 3179
12/14/23 24000698 7446696 P 02/02/24 23069900 8000 CAPITAL IMPROVEMENT 12,550.00 INVOICE: 2983
VENDOR TOTALS 437,757.00 YTD INVOICED 395,237.00 YTD PAID 15,000.00 11936 LAW OFFICES CHRISTOPHER RAMSEY
12/22/23 7446697 P 02/02/24 11313200 5740 LEGAL SERVICES 6,252.50 INVOICE: 22STCP02330
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 77,155.40 YTD INVOICED 61,226.90 YTD PAID 6,252.50 12645 LAW OFFICES OF GERALD L. MARCUS
01/19/24 7446698 P 02/02/24 11313200 5745 LEGAL CLAIMS 1,000.00 INVOICE: 047-22-CARTER
01/19/24 7446699 P 02/02/24 11313200 5745 LEGAL CLAIMS 1,000.00 INVOICE: 047-22A-ELLISON
VENDOR TOTALS 2,000.00 YTD INVOICED 2,000.00 YTD PAID 2,000.00 10319 LDM ASSOCIATES INC
12/14/23 24000869 7446700 P 02/02/24 31422000 5710 PROFESSIONAL/TECHNICAL SE 9,337.38 INVOICE: 8062
12/14/23 24000869 7446700 P 02/02/24 31422000 5710 PROFESSIONAL/TECHNICAL SE 10,790.38 INVOICE: 8063
12/14/23 24000869 7446700 P 02/02/24 31422000 5710 PROFESSIONAL/TECHNICAL SE 1,971.25 INVOICE: 8064
01/12/24 24000869 7446700 P 02/02/24 31422000 5710 PROFESSIONAL/TECHNICAL SE 4,138.25 INVOICE: 8096
01/12/24 24000869 7446700 P 02/02/24 31422000 5710 PROFESSIONAL/TECHNICAL SE 7,644.88 INVOICE: 8097
01/12/24 24000869 7446700 P 02/02/24 31422000 5710 PROFESSIONAL/TECHNICAL SE 1,546.75 INVOICE: 8098
VENDOR TOTALS 112,615.77 YTD INVOICED 112,615.77 YTD PAID 35,428.89 11192 LEAGUE OF CALIFORNIA CITIES
01/25/24 7446701 P 02/02/24 10110000 5400 DUES & MEMBERSHIPS 600.00 INVOICE: 2087
VENDOR TOTALS 39,331.00 YTD INVOICED 39,331.00 YTD PAID 600.00 11876 LEVEL 3 COMMUNICATIONS LLC
01/17/24 24000505 7446702 P 02/02/24 11218000 5801 TELEPHONE 5,184.30 INVOICE: 672626571
VENDOR TOTALS 35,865.90 YTD INVOICED 35,865.90 YTD PAID 5,184.30 12253 LOPEZ, JOSEPH D
01/29/24 7446703 P 02/02/24 10164141 5710 PROFESSIONAL/TECHNICAL SE 391.00 INVOICE: 240126
VENDOR TOTALS 2,116.00 YTD INVOICED 2,116.00 YTD PAID 391.00 11066 MASON, MELINDA
01/25/24 7446704 P 02/02/24 10115000 5720 ADVERTISING 475.00 INVOICE: 00060135
VENDOR TOTALS 475.00 YTD INVOICED 475.00 YTD PAID 475.00 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 11111 MICHAEL BAKER INT'L INC
09/25/23 24000139 7446706 P 02/02/24 10121000 5710 PROFESSIONAL/TECHNICAL SE 4,754.63 INVOICE: 1191281
VENDOR TOTALS 276,319.86 YTD INVOICED 276,319.86 YTD PAID 4,754.63 11942 MINUTEMAN PRESS
01/12/24 24000647 7446707 P 02/02/24 50191000 5310 OPERATING MATERIALS & SUP 384.38 INVOICE: 70492
01/23/24 7446707 P 02/02/24 10164024 5312 SPECIAL ACTIVITY SUPPLIES 626.22 INVOICE: 70629
12/21/23 7446707 P 02/02/24 10165000 5312 SPECIAL ACTIVITY SUPPLIES 64.08 INVOICE: 70240
VENDOR TOTALS 90,636.61 YTD INVOICED 85,906.93 YTD PAID 1,074.68 10741 MONTE VISTA CAR WASH
11/01/23 24000155 7446708 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 631.00 INVOICE: 965946
11/01/23 7446708 P 02/02/24 21441000 5329 T.I.D.E OPERATIONS 120.00 INVOICE: 965946
VENDOR TOTALS 4,580.00 YTD INVOICED 4,580.00 YTD PAID 751.00 11344 NAPA AUTO PARTS
01/16/24 24000732 7446709 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 96.41 INVOICE: 541095
01/10/24 24000732 7446709 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 31.32 INVOICE: 540672
01/11/24 7446709 P 02/02/24 11144000 5320 BULK VEHICLE MAINT SUPPLI 33.01 INVOICE: 540781
VENDOR TOTALS 12,493.23 YTD INVOICED 12,493.23 YTD PAID 160.74 11907 NATIONAL CINEMEDIA, LLC
01/25/24 7446710 P 02/02/24 10115100 5720 ADVERTISING 1,765.75 INVOICE: INV-224937
VENDOR TOTALS 12,052.75 YTD INVOICED 12,052.75 YTD PAID 1,765.75 12022 NATIONWIDE CONTRACTING SERVICES INC.
11/16/23 24000477 7446711 P 02/02/24 21349900 8000 CAPITAL IMPROVEMENT 286,823.08 INVOICE: CP23020-10
11/16/23 24000477 7446711 P 02/02/24 22049900 8000 CAPITAL IMPROVEMENT 417,901.92 INVOICE: CP23020-10
11/16/23 7446711 P 02/02/24 22000000 2001 RETAINAGE -20,895.10 INVOICE: CP23020-10
11/16/23 7446711 P 02/02/24 21300000 2001 RETAINAGE -14,341.15 INVOICE: CP23020-10
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 1,485,239.61 YTD INVOICED 1,485,239.61 YTD PAID 669,488.75 12259 NIEBLA, TROLIS
01/22/24 7446712 P 02/02/24 10110000 5900 MEETINGS & CONFERENCES 185.00 INVOICE: 240208
VENDOR TOTALS 434.99 YTD INVOICED 434.99 YTD PAID 185.00 99999 ONE TIME PAY
11/13/23 7446719 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES 237.00 INVOICE: 231113-PMT23-01876
11/13/23 7446719 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES -47.40 INVOICE: 231113-PMT23-01876
11/13/23 7446719 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES -85.00 INVOICE: 231113-PMT23-01876
11/13/23 7446718 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES 237.00 INVOICE: 231113-PMT23-03492
11/13/23 7446718 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES -47.40 INVOICE: 231113-PMT23-03492
11/13/23 7446718 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES -85.00 INVOICE: 231113-PMT23-03492
11/13/23 7446720 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES 237.00 INVOICE: 231113-PMT23-02438
11/13/23 7446720 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES -47.40 INVOICE: 231113-PMT23-02438
11/13/23 7446720 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES -85.00 INVOICE: 231113-PMT23-02438
10/17/23 7446721 P 02/02/24 10123000 4603 MECHANICAL PERMIT FEES 32.00 INVOICE: 231017-PMT23-03669
10/17/23 7446721 P 02/02/24 10123000 4603 MECHANICAL PERMIT FEES 8.00 INVOICE: 231017-PMT23-03669
10/17/23 7446721 P 02/02/24 10123000 4603 MECHANICAL PERMIT FEES 47.00 INVOICE: 231017-PMT23-03669
10/17/23 7446721 P 02/02/24 10123000 4603 MECHANICAL PERMIT FEES 47.00 INVOICE: 231017-PMT23-03669
10/17/23 7446721 P 02/02/24 10123000 4603 MECHANICAL PERMIT FEES 62.00 INVOICE: 231017-PMT23-03669
10/17/23 7446721 P 02/02/24 10123000 4603 MECHANICAL PERMIT FEES 95.00 INVOICE: 231017-PMT23-03669
10/17/23 7446721 P 02/02/24 10123000 4603 MECHANICAL PERMIT FEES -58.20 INVOICE: 231017-PMT23-03669
10/17/23 7446721 P 02/02/24 10123000 4603 MECHANICAL PERMIT FEES -85.00 INVOICE: 231017-PMT23-03669
12/04/23 7446722 P 02/02/24 10123000 4601 BUILDING AND SAFETY FEES 191.00 INVOICE: 231204-PMT23-04080
12/04/23 7446722 P 02/02/24 10123000 4601 BUILDING AND SAFETY FEES -38.20 INVOICE: 231204-PMT23-04080
12/04/23 7446722 P 02/02/24 10123000 4601 BUILDING AND SAFETY FEES -85.00 INVOICE: 231204-PMT23-04080
11/22/23 7446714 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES 237.00 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: 231122-PMT23-01947
11/22/23 7446714 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES -47.40 INVOICE: 231122-PMT23-01947
11/22/23 7446714 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES -85.00 INVOICE: 231122-PMT23-01947
11/22/23 7446715 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES 237.00 INVOICE: 231122-PMT23-02846
11/22/23 7446715 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES -47.40 INVOICE: 231122-PMT23-02846
11/22/23 7446715 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES -85.00 INVOICE: 231122-PMT23-02846
11/22/23 7446716 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES 237.00 INVOICE: 231122-PMT23-03217
11/22/23 7446716 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES -47.40 INVOICE: 231122-PMT23-03217
11/22/23 7446716 P 02/02/24 10123000 4602 ELECTRICAL PERMIT FEES -85.00 INVOICE: 231122-PMT23-03217
11/29/23 7446713 P 02/02/24 10123000 4603 MECHANICAL PERMIT FEES 95.00 INVOICE: 231129-PMT23-04161
11/29/23 7446713 P 02/02/24 10123000 4603 MECHANICAL PERMIT FEES -19.00 INVOICE: 231129-PMT23-04161
01/24/24 7446717 P 02/02/24 10100000 2625 PARCS - FACILITY DEPOSITS 500.00 INVOICE: 240123
VENDOR TOTALS 701,282.32 YTD INVOICED 701,282.32 YTD PAID 1,419.20 88888 ONE TIME PAY REFUNDS
01/24/24 7446726 P 02/02/24 10100000 2625 PARCS - FACILITY DEPOSITS 100.00 INVOICE: 2000201.011
01/24/24 7446724 P 02/02/24 10100000 2625 PARCS - FACILITY DEPOSITS 530.00 INVOICE: 2000209.011
01/10/24 7446723 P 02/02/24 10100000 2625 PARCS - FACILITY DEPOSITS 530.00 INVOICE: 2000212.011
11/20/23 7446725 P 02/02/24 10100000 2625 PARCS - FACILITY DEPOSITS 530.00 INVOICE: 2000205.011
VENDOR TOTALS 2,011.68 YTD INVOICED 1,761.00 YTD PAID 1,690.00 11902 ORIGINAL WATERMEN, INC
01/11/24 7446727 P 02/02/24 10164024 5312 SPECIAL ACTIVITY SUPPLIES 1,486.67 INVOICE: S85971
01/15/24 7446727 P 02/02/24 10164024 5315 UNIFORMS 1,399.36 INVOICE: S85974
VENDOR TOTALS 12,643.87 YTD INVOICED 12,268.53 YTD PAID 2,886.03 11062 P & J ELECTRIC INC
01/16/24 7446728 P 02/02/24 10163008 5790 REPAIR & MAINTENANCE SERV 857.16 INVOICE: 8709
01/30/24 7446728 P 02/02/24 10163001 5790 REPAIR & MAINTENANCE SERV 1,714.32 INVOICE: 8736
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 35,002.36 YTD INVOICED 35,002.36 YTD PAID 2,571.48 11677 P E R S LONG TERM CARE PROGRAM
01/15/24 7446729 P 02/02/24 10100000 2126 PERS LONG TERM CARE PAYAB 536.04 INVOICE: 15209787
VENDOR TOTALS 65,270.39 YTD INVOICED 65,270.39 YTD PAID 536.04 12089 PARKWOOD LANDSCAPE MAINTENANCE INC.
08/16/23 24000474 7446730 P 02/02/24 42126000 5790 REPAIR & MAINTENANCE SERV 7,820.53 INVOICE: 105801
VENDOR TOTALS 983,018.36 YTD INVOICED 983,018.36 YTD PAID 7,820.53 11152 PATRIOT PLUMBING
12/20/23 7446731 P 02/02/24 10163006 5790 REPAIR & MAINTENANCE SERV 240.00 INVOICE: 39971
VENDOR TOTALS 11,921.00 YTD INVOICED 11,026.50 YTD PAID 240.00 10213 PEI
12/23/23 24000652 7446732 P 02/02/24 11218000 5710 PROFESSIONAL/TECHNICAL SE 1,366.05 INVOICE: 103828
VENDOR TOTALS 19,001.63 YTD INVOICED 19,001.63 YTD PAID 1,366.05 10944 PENSKE TRUCK LEASING CO LP
11/24/23 7446733 P 02/02/24 10166020 5310 OPERATING MATERIALS & SUP 8.50 INVOICE: C092382699
VENDOR TOTALS 2,731.98 YTD INVOICED 2,731.98 YTD PAID 8.50 12148 PETES ROAD SERVICE, INC
01/16/24 24000777 7446734 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 557.49 INVOICE: 24-0728994-00
01/18/24 24000777 7446734 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 557.49 INVOICE: 24-0729639-00
VENDOR TOTALS 15,878.93 YTD INVOICED 15,878.93 YTD PAID 1,114.98 10966 PLUMBERS DEPOT, INC
01/16/24 24000044 7446735 P 02/02/24 42043000 5350 NON-CAPITAL EQUIPMENT 42.07 INVOICE: PD-55309
VENDOR TOTALS 5,221.15 YTD INVOICED 5,221.15 YTD PAID 42.07 11011 PRIME TIME PARTY RENTALS
01/14/24 24000859 7446736 P 02/02/24 10165032 5312 SPECIAL ACTIVITY SUPPLIES 3,172.00 INVOICE: 44
01/17/24 7446736 P 02/02/24 10165000 5312 SPECIAL ACTIVITY SUPPLIES 560.00 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: #44
VENDOR TOTALS 71,639.00 YTD INVOICED 71,639.00 YTD PAID 3,732.00 11057 PUMPMAN LLC
01/16/24 24000046 7446737 P 02/02/24 42343000 5790 REPAIR & MAINTENANCE SERV 7,903.00 INVOICE: 802230
10/12/23 7446737 P 02/02/24 10163099 5790 REPAIR & MAINTENANCE SERV 1,480.00 INVOICE: 801475
VENDOR TOTALS 44,255.50 YTD INVOICED 44,255.50 YTD PAID 9,383.00 10975 QUINN COMPANY
12/12/23 24000160 7446738 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 77.04 INVOICE: PC820479122
11/27/23 7446738 P 02/02/24 11144000 5321 VEHICLE OPERATIONS -37.07 INVOICE: PR820228857
VENDOR TOTALS 71,319.65 YTD INVOICED 51,422.15 YTD PAID 39.97 10108 REDMAN CONSULTING
01/01/24 24000334 7446739 P 02/02/24 41049900 8000 CAPITAL IMPROVEMENT 5,290.50 INVOICE: RC05-RFQ 727-20
VENDOR TOTALS 30,119.00 YTD INVOICED 30,119.00 YTD PAID 5,290.50 10538 RESIDENCE INN LANCASTER
01/12/24 7446740 P 02/02/24 10166020 5700 SERVICES 175.22 INVOICE: 56B8500001801
01/12/24 7446740 P 02/02/24 10166020 5700 SERVICES 350.44 INVOICE: 56B8500001802
VENDOR TOTALS 16,023.10 YTD INVOICED 16,023.10 YTD PAID 525.66 11172 RESOURCE BUILDING MATERIALS
11/29/23 7446741 P 02/02/24 10163007 5790 REPAIR & MAINTENANCE SERV 1,969.85 INVOICE: 3714833
VENDOR TOTALS 2,603.37 YTD INVOICED 2,603.37 YTD PAID 1,969.85 10862 SAFETY KLEEN
10/25/23 7446742 P 02/02/24 10127000 5790 REPAIR & MAINTENANCE SERV 1,747.10 INVOICE: 93056752
VENDOR TOTALS 53,763.81 YTD INVOICED 53,763.81 YTD PAID 1,747.10 11018 SANTA CLARITA ELEVATORS
12/08/23 7446743 P 02/02/24 10163020 5710 PROFESSIONAL/TECHNICAL SE 480.00 INVOICE: 1300
12/08/23 7446743 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 960.00 INVOICE: 1301
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 12/08/23 7446743 P 02/02/24 10163014 5710 PROFESSIONAL/TECHNICAL SE 480.00 INVOICE: 1302
12/08/23 7446743 P 02/02/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 480.00 INVOICE: 1303
VENDOR TOTALS 4,027.00 YTD INVOICED 4,027.00 YTD PAID 2,400.00 12558 SANTANA, MARIA
01/26/24 7446744 P 02/02/24 10163007 5315 UNIFORMS 575.47 INVOICE: 240126
VENDOR TOTALS 575.47 YTD INVOICED 575.47 YTD PAID 575.47 11734 SANTOS, RENALDO
01/29/24 7446745 P 02/02/24 10164141 5710 PROFESSIONAL/TECHNICAL SE 552.00 INVOICE: 240126
VENDOR TOTALS 4,623.00 YTD INVOICED 4,623.00 YTD PAID 552.00 11597 SELBERT PERKINS DESIGN (CA)
08/21/23 24000065 7446746 P 02/02/24 10120000 5600 MISC. EXPENSES 160.00 INVOICE: 20230764
VENDOR TOTALS 40,886.98 YTD INVOICED 40,886.98 YTD PAID 160.00 11016 SHAWNS PAINTING
01/24/24 7446747 P 02/02/24 10166023 5312 SPECIAL ACTIVITY SUPPLIES 320.00 INVOICE: 943458
VENDOR TOTALS 70,653.00 YTD INVOICED 64,853.00 YTD PAID 320.00 12327 THE SHERWIN-WILLIAMS COMPANY
12/28/23 7446748 P 02/02/24 10163007 5790 REPAIR & MAINTENANCE SERV 1,465.22 INVOICE: 9954-8
VENDOR TOTALS 9,066.12 YTD INVOICED 9,066.12 YTD PAID 1,465.22 11138 SITEONE LANDSCAPE SUPPLY LLC
12/21/23 7446749 P 02/02/24 42126000 5310 OPERATING MATERIALS & SUP 189.85 INVOICE: 137186119-001
01/26/24 7446749 P 02/02/24 10163010 5790 REPAIR & MAINTENANCE SERV 276.20 INVOICE: 137799840-001
01/30/24 7446749 P 02/02/24 10163010 5790 REPAIR & MAINTENANCE SERV 1,561.26 INVOICE: 137829129-001
VENDOR TOTALS 5,246.71 YTD INVOICED 5,246.71 YTD PAID 2,027.31 10776 SMITH PIPE & SUPPLY INC
01/25/24 7446750 P 02/02/24 10163006 5790 REPAIR & MAINTENANCE SERV 432.96 INVOICE: 4108566
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 38,107.16 YTD INVOICED 38,107.16 YTD PAID 432.96 12633 SOVEREIGN CONSULTING
01/17/24 7446751 P 02/02/24 42240000 5920 TRAINING 194.59 INVOICE: 1030
01/17/24 7446751 P 02/02/24 21440000 5920 TRAINING 902.19 INVOICE: 1030
01/17/24 7446751 P 02/02/24 42040000 5920 TRAINING 601.46 INVOICE: 1030
01/17/24 7446751 P 02/02/24 42340000 5920 TRAINING 70.76 INVOICE: 1030
VENDOR TOTALS 1,769.00 YTD INVOICED 1,769.00 YTD PAID 1,769.00 12471 STREET COMPANY
08/01/23 24000901 7446752 P 02/02/24 31022000 5656 GRANT EXPENSE 2,115.98 INVOICE: FY24-001
09/01/23 24000901 7446752 P 02/02/24 31022000 5656 GRANT EXPENSE 2,016.53 INVOICE: FY24-002
10/01/23 24000901 7446752 P 02/02/24 31022000 5656 GRANT EXPENSE 2,527.29 INVOICE: FY24-003
10/01/23 24000901 7446752 P 02/02/24 31022000 5656 GRANT EXPENSE 4,284.17 INVOICE: FY24-005
VENDOR TOTALS 11,120.37 YTD INVOICED 11,120.37 YTD PAID 10,943.97 11304 TEKWERKS
01/15/24 24000086 7446753 P 02/02/24 11218000 5801 TELEPHONE 1,995.00 INVOICE: 20393
VENDOR TOTALS 21,307.74 YTD INVOICED 21,307.74 YTD PAID 1,995.00 11451 TEKWERKS INTERNET
01/19/24 24000033 7446754 P 02/02/24 11218000 5801 TELEPHONE 487.66 INVOICE: 20019
12/01/23 24000033 7446754 P 02/02/24 11218000 5801 TELEPHONE 204.00 INVOICE: 14352
12/01/23 24000033 7446754 P 02/02/24 11218000 5801 TELEPHONE 674.59 INVOICE: 14347
VENDOR TOTALS 35,313.84 YTD INVOICED 35,313.84 YTD PAID 1,366.25 11087 THE MCKEON GROUP INC
01/01/24 24000875 7446755 P 02/02/24 10111000 5710 PROFESSIONAL/TECHNICAL SE 10,000.00 INVOICE: 2823
VENDOR TOTALS 70,000.00 YTD INVOICED 70,000.00 YTD PAID 10,000.00 10796 THE TIRE STORE
12/21/23 24000149 7446756 P 02/02/24 11144000 5321 VEHICLE OPERATIONS 20.00 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: 755265
12/08/23 7446756 P 02/02/24 10163007 5790 REPAIR & MAINTENANCE SERV 377.98 INVOICE: 37174
VENDOR TOTALS 17,939.61 YTD INVOICED 17,939.61 YTD PAID 397.98 10794 TIP TOP ARBORISTS, INC
01/05/24 24000855 7446757 P 02/02/24 10126000 5793 EMERGENCY DAMAGE REPAIRS 3,952.45 INVOICE: 35653
08/02/23 7446757 P 02/02/24 10163006 5790 REPAIR & MAINTENANCE SERV 1,323.00 INVOICE: 35105
11/03/23 7446757 P 02/02/24 10163006 5790 REPAIR & MAINTENANCE SERV 441.00 INVOICE: 35470
12/06/23 7446757 P 02/02/24 10163006 5790 REPAIR & MAINTENANCE SERV 887.46 INVOICE: 35567
VENDOR TOTALS 398,858.48 YTD INVOICED 388,958.58 YTD PAID 6,603.91 10823 TURBO DATA SYSTEMS INC
07/31/23 24000887 7446758 P 02/02/24 10130000 5710 PROFESSIONAL/TECHNICAL SE 3,754.71 INVOICE: 40694
08/31/23 24000887 7446758 P 02/02/24 10130000 5710 PROFESSIONAL/TECHNICAL SE 4,116.08 INVOICE: 40922
09/30/23 24000887 7446758 P 02/02/24 10130000 5710 PROFESSIONAL/TECHNICAL SE 3,512.49 INVOICE: 41142
10/31/23 24000887 7446758 P 02/02/24 10130000 5710 PROFESSIONAL/TECHNICAL SE 5,008.45 INVOICE: 41366
11/30/23 24000887 7446758 P 02/02/24 10130000 5710 PROFESSIONAL/TECHNICAL SE 9,149.30 INVOICE: 41590
07/31/23 24000887 7446758 P 02/02/24 10130000 5710 PROFESSIONAL/TECHNICAL SE 1,137.11 INVOICE: 40695
11/30/23 24000887 7446758 P 02/02/24 10130000 5710 PROFESSIONAL/TECHNICAL SE 3,037.76 INVOICE: 41591
12/31/23 24000887 7446758 P 02/02/24 10130000 5710 PROFESSIONAL/TECHNICAL SE 3,782.53 INVOICE: 41813
12/31/23 24000887 7446758 P 02/02/24 10130000 5710 PROFESSIONAL/TECHNICAL SE 8,546.37 INVOICE: 41814
VENDOR TOTALS 51,353.00 YTD INVOICED 46,930.42 YTD PAID 42,044.80 11622 TYLER TECHNOLOGIES INC
01/17/24 24000710 7446759 P 02/02/24 11218000 5361 COMPUTERS SOFTWARE 4,440.00 INVOICE: 045-452850
VENDOR TOTALS 239,672.41 YTD INVOICED 227,190.98 YTD PAID 4,440.00 11963 U S BANK
11/25/23 7446761 P 02/02/24 21219000 7000 DEBT SERVICES - PRIN 480.00 INVOICE: 7136209
11/25/23 7446761 P 02/02/24 21119000 7000 DEBT SERVICES - PRIN 720.00 INVOICE: 7136209
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 11/25/23 7446761 P 02/02/24 21200000 1420 PREPAID 240.00 INVOICE: 7136209
11/25/23 7446761 P 02/02/24 21100000 1420 PREPAID 360.00 INVOICE: 7136209
12/22/23 7446760 P 02/02/24 42200000 4400 INTEREST INCOME 1,050.00 INVOICE: 7164821
12/22/23 7446760 P 02/02/24 42200000 1420 PREPAID 750.00 INVOICE: 7164821
VENDOR TOTALS 15,607,698.75 YTD INVOICED 15,607,698.75 YTD PAID 3,600.00 11813 U S POSTAL SERVICE
01/25/24 7446762 P 02/02/24 10112000 5313 ELECTIONS EXPENSE 18,000.00 INVOICE: 240125
VENDOR TOTALS 18,310.00 YTD INVOICED 18,310.00 YTD PAID 18,000.00 11926 ULINE
01/18/24 24000870 7446763 P 02/02/24 10110000 5316 EMERGENCY SUPPLIES 3,861.65 INVOICE: 173340634
VENDOR TOTALS 20,436.79 YTD INVOICED 20,436.79 YTD PAID 3,861.65 11366 UNIFIRST CORPORATION
01/19/24 24000043 7446764 P 02/02/24 42043000 5315 UNIFORMS 101.49 INVOICE: 2210066523
01/26/24 24000043 7446764 P 02/02/24 42043000 5315 UNIFORMS 101.49 INVOICE: 2210067968
VENDOR TOTALS 5,106.25 YTD INVOICED 4,824.10 YTD PAID 202.98 10828 UNIVERSAL ELECTRONIC ALARMS
01/01/24 7446765 P 02/02/24 21441000 5710 PROFESSIONAL/TECHNICAL SE 27.00 INVOICE: 47760
01/01/24 7446765 P 02/02/24 21441000 5710 PROFESSIONAL/TECHNICAL SE 27.00 INVOICE: 47759
VENDOR TOTALS 8,747.80 YTD INVOICED 8,747.80 YTD PAID 54.00 10715 VANTAGE MEDLEGAL LLC
11/21/23 7446766 P 02/02/24 11313200 5740 LEGAL SERVICES 11,500.00 INVOICE: 111576
VENDOR TOTALS 30,100.00 YTD INVOICED 30,100.00 YTD PAID 11,500.00 11899 VERSEY, DEREK
01/29/24 7446767 P 02/02/24 10164141 5710 PROFESSIONAL/TECHNICAL SE 230.00 INVOICE: 240126
VENDOR TOTALS 1,978.00 YTD INVOICED 1,978.00 YTD PAID 230.00 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 10885 VULCAN MATERIAL WESTERN DIV
01/17/24 24000060 7446768 P 02/02/24 21441000 5325 ASPHALT OPERATIONS 405.15 INVOICE: 73892331
01/17/24 24000060 7446768 P 02/02/24 21441000 5325 ASPHALT OPERATIONS 532.17 INVOICE: 73892332
VENDOR TOTALS 33,610.39 YTD INVOICED 33,610.39 YTD PAID 937.32 11020 WAGEWORKS
01/24/24 7446769 P 02/02/24 10100000 2127 FLEXIBLE SPENDING-MEDICAL 627.85 INVOICE: INV6099770
VENDOR TOTALS 4,130.82 YTD INVOICED 4,130.82 YTD PAID 627.85 11181 WILSON, ALASTAIR C
01/14/24 24000838 7446770 P 02/02/24 10165032 5312 SPECIAL ACTIVITY SUPPLIES 3,380.00 INVOICE: 20240114
01/14/24 24000838 7446770 P 02/02/24 10165032 5370 AUDIO VISUALS 6,500.00 INVOICE: 20240114
01/14/24 7446770 P 02/02/24 10165032 5312 SPECIAL ACTIVITY SUPPLIES 775.00 INVOICE: 23011402
VENDOR TOTALS 64,495.00 YTD INVOICED 64,495.00 YTD PAID 10,655.00 12147 WITTE, ADAM NICHOLAS
01/29/24 7446771 P 02/02/24 10164141 5710 PROFESSIONAL/TECHNICAL SE 184.00 INVOICE: 240126
VENDOR TOTALS 1,449.00 YTD INVOICED 1,449.00 YTD PAID 184.00 11924 ZIMMER, DANIEL
01/29/24 7446772 P 02/02/24 10164141 5710 PROFESSIONAL/TECHNICAL SE 345.00 INVOICE: 240126
VENDOR TOTALS 2,369.00 YTD INVOICED 2,369.00 YTD PAID 345.00 REPORT TOTALS 1,589,775.42
COUNT AMOUNT
TOTAL PRINTED CHECKS 159 1,589,775.42
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202SP TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 11719 CALIFORNIA WATER SERVICE
02/01/24 7446773 P 02/02/24 42126000 5802 WATER 9.94 INVOICE: 240202
VENDOR TOTALS 11,720.56 YTD INVOICED 11,720.56 YTD PAID 9.94 10746 L A CO WATERWORKS
02/01/24 7446774 P 02/02/24 21426000 5802 WATER 1,322.40 INVOICE: 240202
02/01/24 7446774 P 02/02/24 10130000 5790 REPAIR & MAINTENANCE SERV 757.07 INVOICE: 240202
02/01/24 7446774 P 02/02/24 10163000 5802 WATER 4,667.65 INVOICE: 240202
02/01/24 7446774 P 02/02/24 42126000 5802 WATER 4,198.43 INVOICE: 240202
02/01/24 7446774 P 02/02/24 21440000 5802 WATER 296.75 INVOICE: 240202
VENDOR TOTALS 715,721.59 YTD INVOICED 715,721.59 YTD PAID 11,242.30 10831 SO CA EDISON
02/01/24 7446775 P 02/02/24 10124000 5312 SPECIAL ACTIVITY SUPPLIES 759.89 INVOICE: 240202
02/01/24 7446775 P 02/02/24 10163000 5804 ELECTRIC 6,666.28 INVOICE: 240202
02/01/24 7446775 P 02/02/24 42242000 5791 STREET LIGHT SERVICES 395.65 INVOICE: 240202
02/01/24 7446776 P 02/02/24 42242000 5791 STREET LIGHT SERVICES 5.58 INVOICE: 240202STHWY
02/01/24 7446776 P 02/02/24 42242000 5804 ELECTRIC 23.87 INVOICE: 240202STHWY
02/01/24 7446777 P 02/02/24 10130000 5790 REPAIR & MAINTENANCE SERV 161.68 INVOICE: 231009PARCS
02/01/24 7446777 P 02/02/24 10163000 5804 ELECTRIC 71,266.33 INVOICE: 231009PARCS
02/01/24 7446777 P 02/02/24 42126000 5804 ELECTRIC 207.14 INVOICE: 231009PARCS
02/01/24 7446777 P 02/02/24 42242000 5791 STREET LIGHT SERVICES 564.49 INVOICE: 231009PARCS
02/01/24 7446778 P 02/02/24 42343000 5804 ELECTRIC 387.44 INVOICE: 240124LRA
02/01/24 7446778 P 02/02/24 42126000 5804 ELECTRIC 140.00 INVOICE: 240124LRA
02/01/24 7446779 P 02/02/24 21442000 5804 ELECTRIC 9,388.92 INVOICE: 230710TRAFFIC
02/01/24 7446779 P 02/02/24 42043000 5804 ELECTRIC 658.25 INVOICE: 230710TRAFFIC
02/01/24 7446779 P 02/02/24 42343000 5804 ELECTRIC 161.17 INVOICE: 230710TRAFFIC
02/01/24 7446779 P 02/02/24 42443000 5804 ELECTRIC 6,714.92 INVOICE: 230710TRAFFIC
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240202SP TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 02/01/24 7446779 P 02/02/24 50142000 5804 ELECTRIC 1,423.57 INVOICE: 230710TRAFFIC
02/01/24 7446780 P 02/02/24 21442000 5804 ELECTRIC 9,744.61 INVOICE: 230910TRAFFIC
02/01/24 7446780 P 02/02/24 42043000 5804 ELECTRIC 646.42 INVOICE: 230910TRAFFIC
02/01/24 7446780 P 02/02/24 42343000 5804 ELECTRIC 245.44 INVOICE: 230910TRAFFIC
02/01/24 7446780 P 02/02/24 42443000 5804 ELECTRIC 6,164.71 INVOICE: 230910TRAFFIC
02/01/24 7446780 P 02/02/24 50142000 5804 ELECTRIC 1,976.92 INVOICE: 230910TRAFFIC
02/01/24 7446781 P 02/02/24 21442000 5804 ELECTRIC 11,098.75 INVOICE: 230810TRAFFIC
02/01/24 7446781 P 02/02/24 42043000 5804 ELECTRIC 687.71 INVOICE: 230810TRAFFIC
02/01/24 7446781 P 02/02/24 42343000 5804 ELECTRIC 221.68 INVOICE: 230810TRAFFIC
02/01/24 7446781 P 02/02/24 42443000 5804 ELECTRIC 7,650.35 INVOICE: 230810TRAFFIC
02/01/24 7446781 P 02/02/24 50142000 5804 ELECTRIC 1,942.93 INVOICE: 230810TRAFFIC
02/01/24 7446782 P 02/02/24 10130000 5790 REPAIR & MAINTENANCE SERV 112.94 INVOICE: 230707PARCS
02/01/24 7446782 P 02/02/24 10163000 5804 ELECTRIC 41,971.68 INVOICE: 230707PARCS
02/01/24 7446782 P 02/02/24 42126000 5804 ELECTRIC 144.88 INVOICE: 230707PARCS
02/01/24 7446782 P 02/02/24 42242000 5791 STREET LIGHT SERVICES 494.59 INVOICE: 230707PARCS
02/01/24 7446783 P 02/02/24 10130000 5790 REPAIR & MAINTENANCE SERV 182.30 INVOICE: 230907PARCS
02/01/24 7446783 P 02/02/24 10163000 5804 ELECTRIC 59,532.62 INVOICE: 230907PARCS
02/01/24 7446783 P 02/02/24 42126000 5804 ELECTRIC 180.42 INVOICE: 230907PARCS
02/01/24 7446783 P 02/02/24 42242000 5791 STREET LIGHT SERVICES 539.38 INVOICE: 230907PARCS
VENDOR TOTALS 2,565,798.99 YTD INVOICED 2,565,798.99 YTD PAID 242,463.51 10783 SO CA GAS COMPANY
02/01/24 7446784 P 02/02/24 10130000 5790 REPAIR & MAINTENANCE SERV 1,174.00 INVOICE: 240202
02/01/24 7446784 P 02/02/24 10163000 5803 GAS 23,716.57 INVOICE: 240202
VENDOR TOTALS 113,186.85 YTD INVOICED 113,186.85 YTD PAID 24,890.57 REPORT TOTALS 278,606.32
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240205W TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION
COUNT AMOUNT
TOTAL PRINTED CHECKS 12 278,606.32
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240205W TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 11644 SO CA EDISON-ACCTS REC
12/29/23 101011951 W 02/05/24 50191000 5310 OPERATING MATERIALS & SUP 193.48 INVOICE: 1802525410WIRE
VENDOR TOTALS 3,784,318.03 YTD INVOICED 3,784,318.03 YTD PAID 193.48 REPORT TOTALS 193.48
COUNT AMOUNT
TOTAL WIRE TRANSFERS 1 193.48
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 11054 A V CHEVROLET
01/23/24 24000524 7446785 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 1,286.07 INVOICE: 507304
01/23/24 24000524 7446785 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 1,286.07 INVOICE: 507305
01/25/24 24000524 7446785 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 158.43 INVOICE: 507610
VENDOR TOTALS 156,007.66 YTD INVOICED 156,007.66 YTD PAID 2,730.57 10740 A V ENGINEERING
01/03/24 24000641 7446786 P 02/09/24 10147000 5710 PROFESSIONAL/TECHNICAL SE 6,073.20 INVOICE: 15888
VENDOR TOTALS 83,346.17 YTD INVOICED 83,346.17 YTD PAID 6,073.20 11395 A V PEST CONTROL
01/25/24 7446787 P 02/09/24 10163007 5710 PROFESSIONAL/TECHNICAL SE 185.00 INVOICE: 44887
VENDOR TOTALS 13,280.00 YTD INVOICED 13,280.00 YTD PAID 185.00 10809 A V TRANSIT AUTHORITY
01/25/24 7446788 P 02/09/24 21819000 5710 PROFESSIONAL/TECHNICAL SE 12,250.00 INVOICE: SAP-2ND QTR FY24
VENDOR TOTALS 1,251,207.00 YTD INVOICED 1,251,207.00 YTD PAID 12,250.00 11026 A V WEB DESIGNS
02/01/24 24000239 7446789 P 02/09/24 11218000 5361 COMPUTERS SOFTWARE 99.95 INVOICE: 156852
VENDOR TOTALS 2,198.90 YTD INVOICED 2,098.95 YTD PAID 99.95 10983 ADVANCED PRINTING & GRAPHICS
01/09/24 7446790 P 02/09/24 10166020 5310 OPERATING MATERIALS & SUP 1,700.00 INVOICE: 13823
VENDOR TOTALS 148,990.39 YTD INVOICED 148,990.39 YTD PAID 1,700.00 12324 ALPHA BUILDERS LLC
01/17/24 24000812 7446791 P 02/09/24 10162100 5790 REPAIR & MAINTENANCE SERV 16,000.00 INVOICE: 225
VENDOR TOTALS 45,450.00 YTD INVOICED 45,450.00 YTD PAID 16,000.00 12185 AMERON POLE PRODUCTS, LLC
01/08/24 24000075 7446792 P 02/09/24 42242000 5793 EMERGENCY DAMAGE REPAIRS 754.00 INVOICE: 50084182
01/08/24 24000075 7446792 P 02/09/24 42242000 5793 EMERGENCY DAMAGE REPAIRS 3,817.96 INVOICE: 50084182
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 01/08/24 24000075 7446792 P 02/09/24 42242000 5793 EMERGENCY DAMAGE REPAIRS 6,799.12 INVOICE: 50084182
VENDOR TOTALS 121,511.22 YTD INVOICED 121,511.22 YTD PAID 11,371.08 12599 ANCHORAUDIOSTORE.COM
01/22/24 24000858 7446793 P 02/09/24 10165000 5312 SPECIAL ACTIVITY SUPPLIES 4,882.97 INVOICE: 24-01014
VENDOR TOTALS 4,882.97 YTD INVOICED 4,882.97 YTD PAID 4,882.97 11413 ARCHIVESOCIAL
09/12/23 24000903 7446794 P 02/09/24 11218000 5361 COMPUTERS SOFTWARE 5,100.00 INVOICE: AS30335
VENDOR TOTALS 5,100.00 YTD INVOICED 5,100.00 YTD PAID 5,100.00 11940 AROUND A V, INC
02/01/24 24000026 7446795 P 02/09/24 10110000 5725 SPONSORSHIP EXPENSE 1,500.00 INVOICE: LANC-RACE-11
VENDOR TOTALS 19,575.93 YTD INVOICED 19,575.93 YTD PAID 1,500.00 11840 ARROW TRANSIT MIX INC
01/24/24 24000061 7446796 P 02/09/24 21441000 5326 CONCRETE OPERATIONS 1,247.76 INVOICE: 43746
01/25/24 24000061 7446796 P 02/09/24 21441000 5326 CONCRETE OPERATIONS 1,694.28 INVOICE: 43755
VENDOR TOTALS 56,929.23 YTD INVOICED 56,929.23 YTD PAID 2,942.04 11133 AV ACTION AIR INC
12/29/23 24000658 7446797 P 02/09/24 10163099 5790 REPAIR & MAINTENANCE SERV 8,750.00 INVOICE: 15243521
VENDOR TOTALS 36,037.73 YTD INVOICED 36,037.73 YTD PAID 8,750.00 10869 AXES FIRE INC
01/19/24 24000154 7446798 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 240.00 INVOICE: 027024
VENDOR TOTALS 7,188.17 YTD INVOICED 7,188.17 YTD PAID 240.00 11852 B'S EMBROIDERY ETC, INC
10/31/23 24000599 7446799 P 02/09/24 10163002 5315 UNIFORMS 1,400.00 INVOICE: 11225
10/31/23 24000599 7446799 P 02/09/24 10163004 5315 UNIFORMS 414.71 INVOICE: 11225
10/31/23 24000599 7446799 P 02/09/24 10163005 5315 UNIFORMS 304.80 INVOICE: 11225
10/31/23 24000599 7446799 P 02/09/24 10163006 5315 UNIFORMS 1,704.80 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: 11225
10/31/23 24000599 7446799 P 02/09/24 10163007 5315 UNIFORMS 1,704.80 INVOICE: 11225
10/31/23 24000599 7446799 P 02/09/24 10163010 5315 UNIFORMS 500.00 INVOICE: 11225
10/31/23 24000599 7446799 P 02/09/24 10163014 5315 UNIFORMS 792.16 INVOICE: 11225
10/31/23 24000599 7446799 P 02/09/24 10163099 5315 UNIFORMS 1,704.80 INVOICE: 11225
VENDOR TOTALS 40,283.61 YTD INVOICED 40,283.61 YTD PAID 8,526.07 10118 BIRDMAN PHOTOS
01/26/23 7446800 P 02/09/24 10166020 5312 SPECIAL ACTIVITY SUPPLIES 1,250.00 INVOICE: 489
VENDOR TOTALS 2,500.00 YTD INVOICED 2,500.00 YTD PAID 1,250.00 11382 BUILDERS UNLIMITED CONSTRUCTRS
01/17/24 24000754 7446801 P 02/09/24 53069900 8000 CAPITAL IMPROVEMENT 29,500.00 INVOICE: 307
01/18/24 24000769 7446801 P 02/09/24 10163000 5798 VANDALISM 28,700.00 INVOICE: 310
01/31/24 24000645 7446801 P 02/09/24 53069900 8000 CAPITAL IMPROVEMENT 11,500.00 INVOICE: 312
11/20/23 24000582 7446801 P 02/09/24 10169900 8000 CAPITAL IMPROVEMENT 28,900.00 INVOICE: 296
VENDOR TOTALS 250,870.00 YTD INVOICED 244,570.00 YTD PAID 98,600.00 11017 C S TECH GROUP, INC
12/20/23 24000394 7446802 P 02/09/24 10119900 8000 CAPITAL IMPROVEMENT 3,870.44 INVOICE: 26332
VENDOR TOTALS 3,870.44 YTD INVOICED 3,870.44 YTD PAID 3,870.44 11693 CA DEPT OF CORRCTNS/REHAB
01/17/24 24000573 7446803 P 02/09/24 21441000 5710 PROFESSIONAL/TECHNICAL SE 2,900.00 INVOICE: 1800721333
VENDOR TOTALS 19,358.08 YTD INVOICED 19,358.08 YTD PAID 2,900.00 10893 CAYENTA/N HARRIS COMPUTER CORP
01/23/24 24000020 7446804 P 02/09/24 11218000 5361 COMPUTERS SOFTWARE 6,307.20 INVOICE: CAYCT0000420
VENDOR TOTALS 171,349.93 YTD INVOICED 171,349.93 YTD PAID 6,307.20 12601 COLEMAN, BRITTANY
01/14/24 7446805 P 02/09/24 10165032 5312 SPECIAL ACTIVITY SUPPLIES 150.00 INVOICE: 240114
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 150.00 YTD INVOICED 150.00 YTD PAID 150.00 10867 DESERT LOCK COMPANY
01/30/24 7446806 P 02/09/24 10163000 5798 VANDALISM 149.61 INVOICE: 68162
01/29/24 7446806 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 20.00 INVOICE: 68084
12/01/23 7446806 P 02/09/24 10163007 5790 REPAIR & MAINTENANCE SERV 100.00 INVOICE: 67836
VENDOR TOTALS 13,984.78 YTD INVOICED 13,984.78 YTD PAID 269.61 11423 DESIGNERS TOUCH LANDSCAPE INC
01/26/24 7446807 P 02/09/24 10163007 5790 REPAIR & MAINTENANCE SERV 450.00 INVOICE: 911
VENDOR TOTALS 69,355.00 YTD INVOICED 69,355.00 YTD PAID 450.00 10943 DEWEY PEST CONTROL
10/28/23 7446808 P 02/09/24 10163020 5710 PROFESSIONAL/TECHNICAL SE 110.00 INVOICE: 16197299
10/28/23 7446808 P 02/09/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 120.00 INVOICE: 16200625
10/28/23 7446808 P 02/09/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 50.00 INVOICE: 16193825
11/26/23 7446808 P 02/09/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 50.00 INVOICE: 16242387
11/26/23 7446808 P 02/09/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 77.00 INVOICE: 16257541
11/26/23 7446808 P 02/09/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 95.00 INVOICE: 16295382
11/26/23 7446808 P 02/09/24 10163020 5710 PROFESSIONAL/TECHNICAL SE 110.00 INVOICE: 16263191
11/26/23 7446808 P 02/09/24 10163020 5710 PROFESSIONAL/TECHNICAL SE 50.00 INVOICE: 16260217
12/29/23 7446808 P 02/09/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 140.00 INVOICE: 16307732
12/29/23 7446808 P 02/09/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 50.00 INVOICE: 16307731
12/29/23 7446808 P 02/09/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 78.00 INVOICE: 16307730
12/29/23 7446808 P 02/09/24 10163099 5710 PROFESSIONAL/TECHNICAL SE 77.00 INVOICE: 16322427
VENDOR TOTALS 4,523.00 YTD INVOICED 4,523.00 YTD PAID 1,007.00 11375 DUKE ENGINEERING AND ASSOCS
01/26/24 24000364 7446810 P 02/09/24 10169900 8000 CAPITAL IMPROVEMENT 1,500.00 INVOICE: 22014-8
09/26/23 24000758 7446810 P 02/09/24 10169900 8000 CAPITAL IMPROVEMENT 4,100.00 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: 22146-5
06/28/23 24000363 7446809 P 02/09/24 10169900 8000 CAPITAL IMPROVEMENT 1,485.00 INVOICE: 23001-4
07/27/23 24000363 7446809 P 02/09/24 10169900 8000 CAPITAL IMPROVEMENT 3,380.00 INVOICE: 23001-5
09/26/23 24000363 7446809 P 02/09/24 10169900 8000 CAPITAL IMPROVEMENT 8,570.00 INVOICE: 23001-7
07/20/23 7446809 P 02/09/24 10149900 8000 CAPITAL IMPROVEMENT 1,200.00 INVOICE: 19008-29
VENDOR TOTALS 97,027.50 YTD INVOICED 97,027.50 YTD PAID 20,235.00 12381 ENSO ADVISORY SERVICES, LLC
01/30/24 24000598 7446811 P 02/09/24 50191700 5710 PROFESSIONAL/TECHNICAL SE 48,000.00 INVOICE: 240130
VENDOR TOTALS 208,000.00 YTD INVOICED 208,000.00 YTD PAID 48,000.00 11134 FIRST AMERICAN DATA TREE, LLC
01/31/24 7446812 P 02/09/24 10113000 5710 PROFESSIONAL/TECHNICAL SE 400.00 INVOICE: 20032910124
VENDOR TOTALS 3,002.50 YTD INVOICED 3,002.50 YTD PAID 400.00 11877 FISH WINDOW CLEANING
10/23/23 7446813 P 02/09/24 10163099 5790 REPAIR & MAINTENANCE SERV 328.00 INVOICE: 2805-116688
VENDOR TOTALS 1,728.00 YTD INVOICED 1,400.00 YTD PAID 328.00 12439 FRANCO, ANDREA
02/01/24 7446814 P 02/09/24 10160000 5920 TRAINING 241.50 INVOICE: 240228
VENDOR TOTALS 241.50 YTD INVOICED 241.50 YTD PAID 241.50 11334 FRANKLIN TRUCK PARTS INC
01/22/24 24000150 7446815 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 90.73 INVOICE: AV89926
01/22/24 24000150 7446815 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 602.81 INVOICE: AV89942
01/25/24 24000150 7446815 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 198.44 INVOICE: AV89988
01/30/24 24000150 7446815 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 90.73 INVOICE: AV90054
VENDOR TOTALS 5,601.24 YTD INVOICED 5,601.24 YTD PAID 982.71 12611 GALIA LINN STUDIO LLC
01/29/24 7446816 P 02/09/24 10166020 5312 SPECIAL ACTIVITY SUPPLIES 500.00 INVOICE: 6
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 500.00 YTD INVOICED 500.00 YTD PAID 500.00 11312 GOLDEN STATE LABOR COMPLIANCE
01/30/24 24000066 7446817 P 02/09/24 21449900 8000 CAPITAL IMPROVEMENT 2,466.00 INVOICE: 02.2024.05
12/01/23 24000905 7446817 P 02/09/24 41449900 8000 CAPITAL IMPROVEMENT 2,750.28 INVOICE: 12.2023.25
01/01/24 24000905 7446817 P 02/09/24 41449900 8000 CAPITAL IMPROVEMENT 1,229.00 INVOICE: 01.2024.04
02/01/24 24000905 7446817 P 02/09/24 41449900 8000 CAPITAL IMPROVEMENT 1,229.00 INVOICE: 02.2024.04
02/01/24 24000500 7446817 P 02/09/24 21349900 8000 CAPITAL IMPROVEMENT 2,919.93 INVOICE: 02.2024.06
VENDOR TOTALS 77,972.43 YTD INVOICED 77,972.43 YTD PAID 10,594.21 10462 GONZALEZ PROPERTY SVCS
10/09/23 24000270 7446818 P 02/09/24 10163000 5798 VANDALISM 12,650.00 INVOICE: 22928
01/26/24 7446818 P 02/09/24 10163000 5798 VANDALISM 585.00 INVOICE: 23057
01/22/24 7446818 P 02/09/24 10163000 5798 VANDALISM 675.00 INVOICE: 23050
VENDOR TOTALS 269,568.00 YTD INVOICED 263,438.00 YTD PAID 13,910.00 10841 GRAINGER
01/16/24 24000525 7446819 P 02/09/24 11144000 5312 SPECIAL ACTIVITY SUPPLIES 5,151.92 INVOICE: 9964227491
VENDOR TOTALS 12,993.25 YTD INVOICED 12,993.25 YTD PAID 5,151.92 11921 GREENFIELDS OUTDOOR FITNESS
01/11/24 24000708 7446820 P 02/09/24 23069900 8000 CAPITAL IMPROVEMENT 56,510.81 INVOICE: S24890
01/11/24 24000709 7446820 P 02/09/24 23069900 8000 CAPITAL IMPROVEMENT 47,975.04 INVOICE: S23858
VENDOR TOTALS 104,485.85 YTD INVOICED 104,485.85 YTD PAID 104,485.85 12575 GUILLEN, ANA
02/01/24 7446821 P 02/09/24 10160000 5920 TRAINING 241.50 INVOICE: 240228
VENDOR TOTALS 241.50 YTD INVOICED 241.50 YTD PAID 241.50 10970 H & H AUTO PARTS WHOLESALE
01/25/24 24000161 7446822 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 116.01 INVOICE: 2IN0122313
01/25/24 24000161 7446822 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 14.93 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: 2IN0122325
01/26/24 24000161 7446822 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 13.33 INVOICE: 2IN0122391
01/26/24 24000161 7446822 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 82.38 INVOICE: 2IN0122393
01/26/24 24000161 7446822 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 45.85 INVOICE: 2IN0122409
01/31/24 24000161 7446822 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 87.49 INVOICE: 2IN0122563
01/31/24 24000161 7446822 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 146.63 INVOICE: 2IN0122572
01/31/24 24000161 7446822 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 115.28 INVOICE: 2IN0122580
01/31/24 24000161 7446822 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 45.85 INVOICE: 2IN0122582
VENDOR TOTALS 12,114.69 YTD INVOICED 12,114.69 YTD PAID 667.75 11309 H W HUNTER, INC
01/22/24 24000526 7446823 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 644.96 INVOICE: 651061RR2W
11/15/23 7446823 P 02/09/24 11144000 5321 VEHICLE OPERATIONS -137.81 INVOICE: CM678526CHW
VENDOR TOTALS 435,661.42 YTD INVOICED 435,661.42 YTD PAID 507.15 12648 HEARNS, ANGELA N.
02/01/24 7446824 P 02/09/24 10165032 5312 SPECIAL ACTIVITY SUPPLIES 100.00 INVOICE: 240114AH
VENDOR TOTALS 100.00 YTD INVOICED 100.00 YTD PAID 100.00 11306 HERC RENTALS INC
01/12/24 7446825 P 02/09/24 10166020 5310 OPERATING MATERIALS & SUP 1,544.17 INVOICE: 34267646-001
01/22/24 7446825 P 02/09/24 10119900 8000 CAPITAL IMPROVEMENT 635.51 INVOICE: 34303044-001
VENDOR TOTALS 9,960.00 YTD INVOICED 9,910.00 YTD PAID 2,179.68 12592 HULTS, MATTHEW
02/01/24 7446826 P 02/09/24 10160000 5920 TRAINING 241.50 INVOICE: 240228
VENDOR TOTALS 241.50 YTD INVOICED 241.50 YTD PAID 241.50 10968 ITERIS, INC
12/06/23 24000711 7446827 P 02/09/24 21349900 8000 CAPITAL IMPROVEMENT 84,527.30 INVOICE: 164572
12/06/23 24000711 7446827 P 02/09/24 21849900 8000 CAPITAL IMPROVEMENT 35,369.58 INVOICE: 164572
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 154,545.70 YTD INVOICED 154,545.70 YTD PAID 119,896.88 10311 J GUZMAN ENTERTAINMENT
12/15/23 24000774 7446828 P 02/09/24 10167021 5700 SERVICES 7,500.00 INVOICE: 240224BAL
VENDOR TOTALS 15,000.00 YTD INVOICED 15,000.00 YTD PAID 7,500.00 10298 JACK DOHENY COMPANIES, INC
12/20/23 24000557 7446829 P 02/09/24 42044000 6201 EQUIPMENT REPLACEMENT CHA 327,531.32 INVOICE: 215461
12/20/23 24000557 7446829 P 02/09/24 42344000 6201 EQUIPMENT REPLACEMENT CHA 121,940.00 INVOICE: 215461
VENDOR TOTALS 463,844.59 YTD INVOICED 463,844.59 YTD PAID 449,471.32 10836 JAS PACIFIC
10/05/23 24000908 7446830 P 02/09/24 10123000 5710 PROFESSIONAL/TECHNICAL SE 8,718.75 INVOICE: PC6820
11/05/23 24000908 7446830 P 02/09/24 10123000 5710 PROFESSIONAL/TECHNICAL SE 6,281.25 INVOICE: PC6854
12/05/23 24000908 7446830 P 02/09/24 10123000 5710 PROFESSIONAL/TECHNICAL SE 7,750.00 INVOICE: PC6890
01/05/24 24000908 7446830 P 02/09/24 10123000 5710 PROFESSIONAL/TECHNICAL SE 875.00 INVOICE: PC6926
09/05/23 24000908 7446830 P 02/09/24 10132000 5710 PROFESSIONAL/TECHNICAL SE 10,877.50 INVOICE: BI14614
10/05/23 24000908 7446830 P 02/09/24 10132000 5710 PROFESSIONAL/TECHNICAL SE 2,945.00 INVOICE: BI14637
11/05/23 24000908 7446830 P 02/09/24 10132000 5710 PROFESSIONAL/TECHNICAL SE 10,735.00 INVOICE: BI14659
12/05/23 24000908 7446830 P 02/09/24 10132000 5710 PROFESSIONAL/TECHNICAL SE 9,642.50 INVOICE: BI14681
01/05/24 24000908 7446830 P 02/09/24 10132000 5710 PROFESSIONAL/TECHNICAL SE 7,932.50 INVOICE: BI14702
VENDOR TOTALS 142,803.76 YTD INVOICED 142,803.76 YTD PAID 65,757.50 10892 JOHN DEERE CO
12/18/23 24000502 7446831 P 02/09/24 10144000 6201 EQUIPMENT REPLACEMENT CHA 51,788.09 INVOICE: 117554083
VENDOR TOTALS 51,788.09 YTD INVOICED 51,788.09 YTD PAID 51,788.09 11881 KERN MACHINERY INC-LANCASTER
01/19/24 24000146 7446832 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 638.85 INVOICE: 104-1126439
01/22/24 24000146 7446832 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 10.75 INVOICE: 104-1126714
01/22/24 24000146 7446832 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 146.37 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: 104-1126952
01/22/24 7446832 P 02/09/24 11144000 5321 VEHICLE OPERATIONS -448.36 INVOICE: 104-1126976
VENDOR TOTALS 9,220.58 YTD INVOICED 9,220.58 YTD PAID 347.61 12018 KNUDSEN, C JOHN
01/22/24 24000743 7446833 P 02/09/24 10167021 5700 SERVICES 4,000.00 INVOICE: 240223BMTDEP
01/26/24 24000895 7446834 P 02/09/24 10167021 5700 SERVICES 5,000.00 INVOICE: 240301DEP
01/26/24 24000895 7446835 P 02/09/24 10167021 5700 SERVICES 5,000.00 INVOICE: 240301BAL
01/26/24 24000743 7446836 P 02/09/24 10167021 5700 SERVICES 4,000.00 INVOICE: 240223BAL
VENDOR TOTALS 22,000.00 YTD INVOICED 22,000.00 YTD PAID 18,000.00 10383 KTGY GROUP, INC
11/30/23 24000380 7446837 P 02/09/24 23021000 5656 GRANT EXPENSE 18,672.50 INVOICE: 0182769
12/31/23 24000380 7446837 P 02/09/24 23021000 5656 GRANT EXPENSE 5,821.25 INVOICE: 0183431
VENDOR TOTALS 60,043.75 YTD INVOICED 60,043.75 YTD PAID 24,493.75 10746 L A CO WATERWORKS
02/06/24 7446838 P 02/09/24 10163000 5802 WATER 5,442.30 INVOICE: 240209
02/06/24 7446838 P 02/09/24 21426000 5802 WATER 2,237.95 INVOICE: 240209
02/06/24 7446838 P 02/09/24 31422000 5802 WATER 1,000.69 INVOICE: 240209
02/06/24 7446838 P 02/09/24 42126000 5802 WATER 7,098.03 INVOICE: 240209
VENDOR TOTALS 715,721.59 YTD INVOICED 715,721.59 YTD PAID 15,778.97 10077 LANDSCAPE CONNECTION GROUP
01/05/24 24000829 7446839 P 02/09/24 10169900 8000 CAPITAL IMPROVEMENT 27,600.00 INVOICE: 2873
11/28/23 24000307 7446839 P 02/09/24 10169900 8000 CAPITAL IMPROVEMENT 25,150.00 INVOICE: 2872
01/03/24 24000821 7446839 P 02/09/24 10163014 5790 REPAIR & MAINTENANCE SERV 2,900.00 INVOICE: 3125
10/19/23 24000475 7446839 P 02/09/24 10169900 8000 CAPITAL IMPROVEMENT 29,750.00 INVOICE: 2948
01/25/24 24000871 7446839 P 02/09/24 10169900 8000 CAPITAL IMPROVEMENT 2,750.00 INVOICE: 3161
01/17/24 24000840 7446839 P 02/09/24 10163000 5798 VANDALISM 9,850.00 INVOICE: 3115
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 437,757.00 YTD INVOICED 395,237.00 YTD PAID 98,000.00 11192 LEAGUE OF CALIFORNIA CITIES
01/25/24 7446840 P 02/09/24 10110000 5400 DUES & MEMBERSHIPS 38,731.00 INVOICE: INV-11991-G6P6B5
VENDOR TOTALS 39,331.00 YTD INVOICED 39,331.00 YTD PAID 38,731.00 11664 M C T, INC
02/01/24 24000894 7446841 P 02/09/24 10167021 5700 SERVICES 500.00 INVOICE: 240315DEP
VENDOR TOTALS 500.00 YTD INVOICED 500.00 YTD PAID 500.00 12609 MECHAMMIL, GHOLWAN
01/11/24 7446842 P 02/09/24 22049900 8000 CAPITAL IMPROVEMENT 212,000.00 INVOICE: CP21006-230530
VENDOR TOTALS 212,000.00 YTD INVOICED 212,000.00 YTD PAID 212,000.00 10741 MONTE VISTA CAR WASH
12/29/23 24000155 7446843 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 555.00 INVOICE: 807704
VENDOR TOTALS 4,580.00 YTD INVOICED 4,580.00 YTD PAID 555.00 12632 MURALS YOUR WAY
02/01/24 24000906 7446844 P 02/09/24 10119900 8000 CAPITAL IMPROVEMENT 19,350.40 INVOICE: INV1206951
VENDOR TOTALS 19,350.40 YTD INVOICED 19,350.40 YTD PAID 19,350.40 11344 NAPA AUTO PARTS
01/18/24 24000732 7446845 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 63.55 INVOICE: 541254
01/26/24 24000732 7446845 P 02/09/24 11144000 5320 BULK VEHICLE MAINT SUPPLI 24.92 INVOICE: 541852
VENDOR TOTALS 12,493.23 YTD INVOICED 12,493.23 YTD PAID 88.47 11441 NEXTECH SYSTEMS INC
12/28/23 24000176 7446846 P 02/09/24 42242000 5793 EMERGENCY DAMAGE REPAIRS 3,250.97 INVOICE: INV2352
01/22/24 24000176 7446846 P 02/09/24 42242000 5793 EMERGENCY DAMAGE REPAIRS 3,688.45 INVOICE: INV2377
VENDOR TOTALS 6,939.42 YTD INVOICED 6,939.42 YTD PAID 6,939.42 11901 O'REAR, JEFFREY R
02/01/24 7446847 P 02/09/24 10165000 5312 SPECIAL ACTIVITY SUPPLIES 400.00 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: 240201
VENDOR TOTALS 3,200.00 YTD INVOICED 3,200.00 YTD PAID 400.00 11049 ODYSSEY POWER CORP
01/18/24 24000728 7446848 P 02/09/24 42043000 5790 REPAIR & MAINTENANCE SERV 8,179.48 INVOICE: 134823
VENDOR TOTALS 11,184.63 YTD INVOICED 11,184.63 YTD PAID 8,179.48 99999 ONE TIME PAY
02/06/24 7446852 P 02/09/24 10100000 2020 AGED UNCASHED CHECKS 104.04 INVOICE: 230601R74
02/06/24 7446849 P 02/09/24 10100000 2020 AGED UNCASHED CHECKS 104.04 INVOICE: 230601R75
02/06/24 7446856 P 02/09/24 10100000 2020 AGED UNCASHED CHECKS 104.04 INVOICE: 230601R76
02/06/24 7446855 P 02/09/24 10100000 2020 AGED UNCASHED CHECKS 104.04 INVOICE: 230601R77
02/06/24 7446853 P 02/09/24 10100000 2020 AGED UNCASHED CHECKS 104.04 INVOICE: 230601R78
02/06/24 7446854 P 02/09/24 10100000 2020 AGED UNCASHED CHECKS 104.04 INVOICE: 230601R79
02/06/24 7446850 P 02/09/24 10100000 2020 AGED UNCASHED CHECKS 73,333.34 INVOICE: 111.1-061223R
02/06/24 7446851 P 02/09/24 10100000 2020 AGED UNCASHED CHECKS 104.04 INVOICE: 230601R80
VENDOR TOTALS 701,282.32 YTD INVOICED 701,282.32 YTD PAID 74,061.62 88888 ONE TIME PAY REFUNDS
01/23/24 7446857 P 02/09/24 10164141 4710 PARCS ACTIVITY/PROGRAM 71.00 INVOICE: 240123AC
VENDOR TOTALS 2,011.68 YTD INVOICED 1,761.00 YTD PAID 71.00 11062 P & J ELECTRIC INC
01/25/24 24000824 7446858 P 02/09/24 10169900 8000 CAPITAL IMPROVEMENT 10,281.02 INVOICE: 8727
VENDOR TOTALS 35,002.36 YTD INVOICED 35,002.36 YTD PAID 10,281.02 11114 PACIFIC DESIGN & INTEGRATION
01/24/24 24000898 7446859 P 02/09/24 11218000 5710 PROFESSIONAL/TECHNICAL SE 4,125.00 INVOICE: 1280
VENDOR TOTALS 26,700.00 YTD INVOICED 26,700.00 YTD PAID 4,125.00 10359 PACIFIC UTILITY INSTALLATION
10/31/23 24000336 7446860 P 02/09/24 50191500 5710 PROFESSIONAL/TECHNICAL SE 1,551.30 INVOICE: 29069
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 1,551.30 YTD INVOICED 1,551.30 YTD PAID 1,551.30 11152 PATRIOT PLUMBING
02/01/24 7446861 P 02/09/24 10163011 5790 REPAIR & MAINTENANCE SERV 125.00 INVOICE: 39979
VENDOR TOTALS 11,921.00 YTD INVOICED 11,026.50 YTD PAID 125.00 12221 PATTERSON, SONYA
02/01/24 7446862 P 02/09/24 10160000 5920 TRAINING 241.50 INVOICE: 240228
VENDOR TOTALS 414.00 YTD INVOICED 414.00 YTD PAID 241.50 10213 PEI
10/12/23 24000652 7446863 P 02/09/24 11218000 5710 PROFESSIONAL/TECHNICAL SE 1,013.90 INVOICE: 102876
10/09/23 24000652 7446863 P 02/09/24 11218000 5710 PROFESSIONAL/TECHNICAL SE 600.00 INVOICE: 102719
12/12/23 24000652 7446863 P 02/09/24 11218000 5710 PROFESSIONAL/TECHNICAL SE 1,046.34 INVOICE: 103512
VENDOR TOTALS 19,001.63 YTD INVOICED 19,001.63 YTD PAID 2,660.24 10944 PENSKE TRUCK LEASING CO LP
12/27/23 7446864 P 02/09/24 10166023 5312 SPECIAL ACTIVITY SUPPLIES 201.44 INVOICE: C092691343
12/22/23 7446864 P 02/09/24 10166023 5312 SPECIAL ACTIVITY SUPPLIES 254.58 INVOICE: C092588439
01/08/24 7446864 P 02/09/24 10166023 5312 SPECIAL ACTIVITY SUPPLIES 288.00 INVOICE: C092986808
01/08/24 7446864 P 02/09/24 10166023 5312 SPECIAL ACTIVITY SUPPLIES 305.43 INVOICE: C092986703
12/27/23 7446864 P 02/09/24 10166023 5312 SPECIAL ACTIVITY SUPPLIES 124.00 INVOICE: C092691353
VENDOR TOTALS 2,731.98 YTD INVOICED 2,731.98 YTD PAID 1,173.45 12148 PETES ROAD SERVICE, INC
01/31/24 24000777 7446865 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 363.75 INVOICE: 24-0732661-00
VENDOR TOTALS 15,878.93 YTD INVOICED 15,878.93 YTD PAID 363.75 12144 PETROLEUM EQUIPMENT CONSTRUCION SERVICES, INC.
01/31/24 24000106 7446866 P 02/09/24 11144000 5790 REPAIR & MAINTENANCE SERV 175.00 INVOICE: 18841
VENDOR TOTALS 3,792.76 YTD INVOICED 3,792.76 YTD PAID 175.00 City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 10966 PLUMBERS DEPOT, INC
01/25/24 24000044 7446867 P 02/09/24 42043000 5350 NON-CAPITAL EQUIPMENT 235.50 INVOICE: PD-55372
VENDOR TOTALS 5,221.15 YTD INVOICED 5,221.15 YTD PAID 235.50 10999 PRIORITY AUTO GLASS
01/29/24 24000527 7446868 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 400.00 INVOICE: 995210
VENDOR TOTALS 577.18 YTD INVOICED 577.18 YTD PAID 400.00 10538 RESIDENCE INN LANCASTER
10/31/23 24000889 7446869 P 02/09/24 10167021 5700 SERVICES 4,547.40 INVOICE: 56B8500001758
VENDOR TOTALS 16,023.10 YTD INVOICED 16,023.10 YTD PAID 4,547.40 10937 RETAIL MARKETING SVCS, INC
09/12/23 7446870 P 02/09/24 21441000 5710 PROFESSIONAL/TECHNICAL SE 210.00 INVOICE: 189272
VENDOR TOTALS 1,105.00 YTD INVOICED 830.00 YTD PAID 210.00 11603 RON TURLEY ASSOCIATES INC
01/01/24 24000532 7446871 P 02/09/24 11144000 5700 SERVICES 12,852.00 INVOICE: 66317
VENDOR TOTALS 12,852.00 YTD INVOICED 12,852.00 YTD PAID 12,852.00 12646 SCHMIDT, JAMAAL
02/01/24 7446872 P 02/09/24 10165032 5312 SPECIAL ACTIVITY SUPPLIES 50.00 INVOICE: 240114JS
VENDOR TOTALS 50.00 YTD INVOICED 50.00 YTD PAID 50.00 11597 SELBERT PERKINS DESIGN (CA)
08/15/23 24000128 7446873 P 02/09/24 10115000 5710 PROFESSIONAL/TECHNICAL SE 1,000.00 INVOICE: 20230734
01/30/24 24000128 7446873 P 02/09/24 10115000 5710 PROFESSIONAL/TECHNICAL SE 976.98 INVOICE: 20231020r
VENDOR TOTALS 40,886.98 YTD INVOICED 40,886.98 YTD PAID 1,976.98 11016 SHAWNS PAINTING
12/30/23 24000126 7446874 P 02/09/24 10166020 5710 PROFESSIONAL/TECHNICAL SE 3,800.00 INVOICE: 943451
01/24/24 24000851 7446874 P 02/09/24 10166020 5710 PROFESSIONAL/TECHNICAL SE 4,108.00 INVOICE: 943456
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 70,653.00 YTD INVOICED 64,853.00 YTD PAID 7,908.00 10831 SO CA EDISON
02/06/24 7446875 P 02/09/24 10163000 5804 ELECTRIC 670.17 INVOICE: 240208
02/06/24 7446875 P 02/09/24 21442000 5804 ELECTRIC 22.15 INVOICE: 240208
02/06/24 7446875 P 02/09/24 42242000 5804 ELECTRIC 479.07 INVOICE: 240208
02/06/24 7446876 P 02/09/24 42242000 5804 ELECTRIC 315.59 INVOICE: 240208STHWY
02/06/24 7446877 P 02/09/24 42242000 5804 ELECTRIC 185,813.32 INVOICE: 230801STHWY
02/06/24 7446878 P 02/09/24 42242000 5804 ELECTRIC 190,138.94 INVOICE: 240209STHWY
02/06/24 7446879 P 02/09/24 10163000 5804 ELECTRIC 928.24 INVOICE: 240131ACS
02/06/24 7446879 P 02/09/24 31422000 5790 REPAIR & MAINTENANCE SERV 222.12 INVOICE: 240131ACS
02/06/24 7446880 P 02/09/24 10163000 5804 ELECTRIC 147.54 INVOICE: 240209LMD
02/06/24 7446880 P 02/09/24 42242000 5804 ELECTRIC 3,888.06 INVOICE: 240209LMD
VENDOR TOTALS 2,565,798.99 YTD INVOICED 2,565,798.99 YTD PAID 382,625.20 10783 SO CA GAS COMPANY
02/06/24 7446881 P 02/09/24 10163000 5803 GAS 729.76 INVOICE: 240209
VENDOR TOTALS 113,186.85 YTD INVOICED 113,186.85 YTD PAID 729.76 12518 STC TRAFFIC, INC.
01/26/24 24000776 7446882 P 02/09/24 20265047 5656 GRANT EXPENSE 3,780.00 INVOICE: 6722
VENDOR TOTALS 21,600.00 YTD INVOICED 21,600.00 YTD PAID 3,780.00 10451 STERICYCLE INC
09/25/23 7446883 P 02/09/24 21441000 5710 PROFESSIONAL/TECHNICAL SE 134.89 INVOICE: 8004768822
10/25/23 7446883 P 02/09/24 21441000 5710 PROFESSIONAL/TECHNICAL SE 134.89 INVOICE: 8005083239
VENDOR TOTALS 674.45 YTD INVOICED 674.45 YTD PAID 269.78 11356 TABORDA SOLUTIONS, INC
01/08/24 24000722 7446884 P 02/09/24 11218000 5361 COMPUTERS SOFTWARE 77,815.75 INVOICE: T00284
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 82,854.65 YTD INVOICED 82,854.65 YTD PAID 77,815.75 11640 TEAMSTERS LOCAL 911
01/17/24 7446885 P 02/09/24 10100000 2170 UNION DUES PAYABLE 3,363.00 INVOICE: 240117
VENDOR TOTALS 24,054.00 YTD INVOICED 24,054.00 YTD PAID 3,363.00 11451 TEKWERKS INTERNET
02/01/24 24000033 7446886 P 02/09/24 11218000 5801 TELEPHONE 4,075.00 INVOICE: 20110
VENDOR TOTALS 35,313.84 YTD INVOICED 35,313.84 YTD PAID 4,075.00 10796 THE TIRE STORE
01/23/24 24000149 7446887 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 50.00 INVOICE: 333302
01/23/24 24000149 7446887 P 02/09/24 11144000 5321 VEHICLE OPERATIONS 772.60 INVOICE: 756194
VENDOR TOTALS 17,939.61 YTD INVOICED 17,939.61 YTD PAID 822.60 10794 TIP TOP ARBORISTS, INC
11/01/23 24000460 7446888 P 02/09/24 10163006 5790 REPAIR & MAINTENANCE SERV 5,236.83 INVOICE: 35456
11/20/23 24000460 7446888 P 02/09/24 10163006 5790 REPAIR & MAINTENANCE SERV 4,961.22 INVOICE: 35518
11/20/23 24000460 7446888 P 02/09/24 10163010 5790 REPAIR & MAINTENANCE SERV 9,888.84 INVOICE: 35517
10/31/23 24000460 7446888 P 02/09/24 10163010 5790 REPAIR & MAINTENANCE SERV 5,214.57 INVOICE: 35448
11/01/23 24000460 7446888 P 02/09/24 10163005 5790 REPAIR & MAINTENANCE SERV 13,168.84 INVOICE: 35455
09/14/23 24000460 7446888 P 02/09/24 10163006 5790 REPAIR & MAINTENANCE SERV 12,115.77 INVOICE: 35284
01/17/24 24000896 7446888 P 02/09/24 10126000 5793 EMERGENCY DAMAGE REPAIRS 5,677.85 INVOICE: 35694
VENDOR TOTALS 398,858.48 YTD INVOICED 388,958.58 YTD PAID 56,263.92 10523 TRES ES INC
12/05/23 24000264 7446889 P 02/09/24 10111000 5710 PROFESSIONAL/TECHNICAL SE 10,000.00 INVOICE: NOV2023
VENDOR TOTALS 50,000.00 YTD INVOICED 50,000.00 YTD PAID 10,000.00 12630 UKANI ENTERPRISE, INC
09/20/23 7446890 P 02/09/24 21249900 8000 CAPITAL IMPROVEMENT 28,920.00 INVOICE: CP21006-230920
City of Lancaster ~CA 53201~
PAID INVOICES REPORT
Report generated: 02/13/2024 09:30
User: spreston
Program ID: appdwarr
CHECK RUN:240209 TO FISCAL 2024/08 07/01/2023 TO 06/30/2024
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION VENDOR TOTALS 28,920.00 YTD INVOICED 28,920.00 YTD PAID 28,920.00 10828 UNIVERSAL ELECTRONIC ALARMS
02/01/24 7446891 P 02/09/24 21441000 5710 PROFESSIONAL/TECHNICAL SE 27.00 INVOICE: 48048
02/01/24 7446891 P 02/09/24 21441000 5710 PROFESSIONAL/TECHNICAL SE 27.00 INVOICE: 48049
VENDOR TOTALS 8,747.80 YTD INVOICED 8,747.80 YTD PAID 54.00 10885 VULCAN MATERIAL WESTERN DIV
01/26/24 24000060 7446892 P 02/09/24 21441000 5325 ASPHALT OPERATIONS 411.72 INVOICE: 73900595
VENDOR TOTALS 33,610.39 YTD INVOICED 33,610.39 YTD PAID 411.72 11845 WILLDAN FINANCIAL SERVICES
12/07/23 24000897 7446893 P 02/09/24 10119000 5710 PROFESSIONAL/TECHNICAL SE 250.00 INVOICE: 010-56892
12/07/23 24000897 7446893 P 02/09/24 21119000 5710 PROFESSIONAL/TECHNICAL SE 900.00 INVOICE: 010-56892
12/07/23 24000897 7446893 P 02/09/24 21219000 5710 PROFESSIONAL/TECHNICAL SE 600.00 INVOICE: 010-56892
12/07/23 24000897 7446893 P 02/09/24 50091000 5710 PROFESSIONAL/TECHNICAL SE 250.00 INVOICE: 010-56892
12/07/23 24000897 7446893 P 02/09/24 99124000 5710 PROFESSIONAL/TECHNICAL SE 250.00 INVOICE: 010-56892
VENDOR TOTALS 6,900.00 YTD INVOICED 6,900.00 YTD PAID 2,250.00 10891 Z A P MANUFACTURING INC
12/12/23 24000166 7446894 P 02/09/24 21442000 5793 EMERGENCY DAMAGE REPAIRS 2,205.00 INVOICE: 8279
VENDOR TOTALS 31,274.03 YTD INVOICED 31,274.03 YTD PAID 2,205.00 REPORT TOTALS 2,240,294.28
COUNT AMOUNT
TOTAL PRINTED CHECKS 110 2,240,294.28
** END OF REPORT - Generated by Stephanie Preston **
STAFF REPORT
City of Lancaster
CC 4
2/27/2024
JC
Date: February 27, 2024
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director – Community Development Christopher Aune, Housing Manager
Subject: Adopt the Resolution No. ______ authorizing application to and participation in the Prohousing Designation Program
Recommendations:
Adopt the Resolution No. ______ authorizing application to and participation in the Prohousing Designation Program
Authorize the City Manager or his designee to:
A. Submit a Prohousing Designation Program application to the California Department of Housing and Community Development (HCD), and
B. Execute all documents deemed necessary or appropriate to participate in the Prohousing Designation Program.
Fiscal Impact:
There is no fiscal impact associated with this action. The Prohousing Designation is intended to offer preferential grant scoring in State funding programs for Agencies that are determined to be Prohousing by HCD.
Background:
AB 101 (2019) established the Prohousing Designation Program administered by HCD, with the intent of allocating funds to jurisdictions that are proactive about addressing California’s housing crisis. The Program creates incentives for jurisdictions compliant with Housing Element requirements and that can demonstrate that they have enacted, or plan to enact, local policies that go beyond existing housing law.
The City of Lancaster has an opportunity to become one of the Prohousing Designation jurisdictions in the State, gaining a competitive advantage for critical grant funding.
The Prohousing Designation provides jurisdictions with a competitive advantage for critical 1 5
1 7
affordable housing and infrastructure grant programs, including:
Affordable Housing & Sustainable Communities (AHSC)
Infill Infrastructure Grant (IIG)
Transformative Climate Communities (TCC)
Solutions for Congested Corridors
Local Partnership Program
Transit and Intercity Rail Capital Program (TIRCP)
It is anticipated that the state will identify additional programs in the future with priority benefits for local governments with a Prohousing Designation.
The application includes a self-scoring worksheet that provides between 1 and 3 points for each Prohousing policy. The legislation allows a jurisdiction to use existing and proposed programs to qualify for the designation. Additional points can be awarded for “enhancement factors” for policies that further implement specified Statewide goals. To earn the Prohousing Designation, a City must achieve a minimum score of 30 points. The City qualifies for inclusion in the program with a total of 39 points. The City’s application does not commit the City to any policies or programs not already adopted. The program criteria and self-scoring sheet is submitted to HCD as part of the City’s application.
Public Engagement:
Public notice of this hearing has been published in a widely circulated local newspaper, and hearing agendas for this meeting have been posted at City Hall, consistent with adopted notification procedures. Public comment on the item can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.
Environmental Considerations:
The proposed report contemplates the receipt of State designation and will not result in a significant effect on the environment. Future projects that utilize grant funding will undergo California Environmental Quality Act (CEQA) review. (CEQA Guidelines sections 15061(b)(3) (the common-sense exemption); 15378(b)(4) (the creation of government funding mechanisms).
CA/js
Attachment:
1. Resolution No.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER,
CALIFORNIA, AUTHORIZING APPLICATION TO AND PARTICIPATION IN
THE PROHOUSING DESIGNATION PROGRAM
WHEREAS, Government Code Section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and
WHEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City of Lancaster (“Applicant”) desires to submit an application for a Prohousing Designation (“Application”).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, AS FOLLOWS:
Section 1. Applicant is hereby authorized and directed to submit an Application to the Department.
Section 2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.
Section 3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that the Prohousing Policies in its Application comply with its duty to Affirmatively Further Fair Housing pursuant to Government Code sections 8899.50 and 65583. The City of Lancaster further acknowledges and confirms that its general plan is in alignment with an adopted sustainable communities strategy pursuant to Public Resources Code section 21155- 21155.4. Applicant further acknowledges and confirms that its policies for the treatment of homeless encampments on public property comply with and will continue to comply with the Constitution and that it has enacted best practices in its jurisdiction that are consistent with the United States Interagency Resolution No.
Pg. 2
Council on Homelessness’ “7 Principles for Addressing Encampments” (June 17, 2022, update).
Section 4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).
Section 6. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.
Section 7. The City Manager or his designee is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.
Resolution No.
Pg. 3
PASSED, APPROVED, and ADOPTED this ____________, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ _______________________
ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, __________________________, __________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. , for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, 2024.
(seal)
STAFF REPORT
City of Lancaster
CC 5
2/27/2024
JC
Date: February 27, 2024
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director – Community Development Sydney Yeseta, Assistant Manager – Economic Development Subject: Disposition and Development Agreement with Diamond Development Partners, LLC
Recommendations:
1. Approve the Disposition and Development Agreement with Diamond Development Partners, LLC for the sale and subsequent development of one industrial parcel located in the Lancaster Business Park.
2. Authorize the City Manager, or his designee, to execute (i) the Disposition and Development Agreement in substantially the form presented, subject to non-substantive changes approved by the City Manager and City Attorney; and (ii) all documents necessary or appropriate to complete the transaction.
Fiscal Impact:
The purchase price of the developable portion of the parcel at appraised value is $456,315.68.
Background:
The Lancaster Business Park is the premier industrial master-planned area in the City. The area offers a thriving ecosystem for businesses to succeed and is ripe for further development.
Diamond Development Partners, LLC (Diamond) has made an offer for appraised value of Assessor’s Parcel Number 3126-009-978, totaling 2.80 gross acres. Diamond plans to construct a flex industrial condo project with warehousing and offices at the mezzanine level.
The subject parcel was declared surplus by Resolution 20-49 on September 8, 2020. After the ninety-day negotiation period required by the Surplus Land Act, no entity receiving a notice of availability was prepared to purchase the site. On October 7, 2022, the California Department of Housing and Community Development provided written comments to the City and determined the City is permitted to proceed with the sale or lease of the subject property. 1 5
3 6
If approved, the sale of the parcel will take place under a disposition and development agreement (DDA), which will bind Diamond Development Partners, LLC to developing the site in accordance with the scope and schedule of performance.
The City acquired several prime properties within the Lancaster Business Park with the purpose of fostering quality development projects. With over six million square feet of industrial development already in the pipeline, the proposed project will offer a sought-out product that is not currently being built in the City.
SY/js
Attachment:
Disposition and Development Agreement with Diamond Development Partners, LLC
DISPOSITION AND DEVELOPMENT AGREEMENT
By and Between
CITY OF LANCASTER
and
DIAMOND DEVELOPMENT PARTNERS LLC
i
TABLE OF CONTENTS
Page
100. DEFINITIONS...........................................................................................................................1 101. Representations and Warranties ....................................................................................3 200. DISPOSITION OF SITE............................................................................................................5 201. Disposition of Site to Developer ...................................................................................5 202. Payment of the Purchase Price ......................................................................................5 203. Escrow ...........................................................................................................................5 204. Review of Title ..............................................................................................................7 205. Title Insurance ...............................................................................................................8 206. Conditions of Closing....................................................................................................8 207. Studies and Reports .....................................................................................................10 208. Taxes and Assessments ...............................................................................................10 209. Condition of the Site....................................................................................................10 300. DEVELOPMENT OF PROJECT SITE...................................................................................11 301. Scope of Development.................................................................................................11 302. Construction Drawings and Related Documents.........................................................11 303. Land Use Approvals ....................................................................................................12 304. Schedule of Performance.............................................................................................12 305. Cost of Construction....................................................................................................12 306. Financing of the Developer Improvements .................................................................12 307. Insurance Requirements ..............................................................................................13 308. Indemnity.....................................................................................................................14 309. Rights of Access ..........................................................................................................15 310. Compliance with Laws ................................................................................................15 311. Taxes and Assessments ...............................................................................................16 312. Release of Construction Covenants.............................................................................17 400. COVENANTS AND RESTRICTIONS...................................................................................17 401. Affordable Housing Covenant.....................................................................................17 402. Maintenance Covenants...............................................................................................17 403. Nondiscrimination Covenants .....................................................................................17 404. Effect of Violation of the Terms and Provisions of this Agreement ...........................18 500. DEFAULTS, REMEDIES, AND TERMINATION................................................................18 501. Default Remedies ........................................................................................................18 502. Institution of Legal Actions.........................................................................................19 503. Termination by Developer...........................................................................................19 504. Termination by City.....................................................................................................19 505. Reentry and Revesting of Title in City after the Closing and Prior to Completion of Construction.................................................................................................................20 506. Acceptance of Service of Process................................................................................21
TABLE OF CONTENTS
(Continued)
Page
ii
507. Rights and Remedies Are Cumulative.........................................................................21 508. Inaction Not a Waiver of Default ................................................................................21 509. Applicable Law............................................................................................................21 600. GENERAL PROVISIONS.......................................................................................................21 601. Notices, Demands and Communications between the Parties.....................................21 602. Enforced Delay; Extension of Times of Performance.................................................22 603. Non Liability of Officials and Employees of City ......................................................22 604. Relationship between Parties.......................................................................................22 605. City Approvals and Actions ........................................................................................23 606. Commencement of City Review Period ......................................................................23 607. Counterparts.................................................................................................................23 608. Integration....................................................................................................................23 609. [Intentionally Omitted.] ...............................................................................................23 610. Real Estate Brokerage Commission ............................................................................23 611. Administration .............................................................................................................23 612. Amendments of Agreement.........................................................................................24 613. Titles and Captions ......................................................................................................24 614. Interpretation ...............................................................................................................24 615. No Waiver....................................................................................................................24 616. Modifications...............................................................................................................24 617. Severability..................................................................................................................24 618. Computation of Time...................................................................................................24 619. Legal Advice................................................................................................................24 620. Time of Essence...........................................................................................................25 621. Cooperation .................................................................................................................25 622. Conflicts of Interest .....................................................................................................25 623. Time for Acceptance of Agreement by City ...............................................................25 624. Representations and Warranties ..................................................................................25 625. Transfers of Interest in Site or Agreement ..................................................................26 EXHIBIT A SCHEDULE OF PERFORMANCE .........................................................................A-1 EXHIBIT B SCOPE OF DEVELOPMENT ..................................................................................B-1 EXHIBIT C SITE MAP .................................................................................................................C-1 EXHIBIT D SITE LEGAL DESCRIPTION .................................................................................D-1 EXHIBIT E SITE GRANT DEED.................................................................................................E-1 EXHIBIT F RELEASE OF CONSTRUCTION COVENANTS...................................................F-1
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS DISPOSITION AND DEVELOPMENT AGREEMENT (this “Agreement”) is entered into and effective as of ___________ ____, 2024 (the “Date of Agreement”), by and between the CITY OF LANCASTER, a charter city and California municipal corporation (“City”), and DIAMOND DEVELOPMENT PARTNERS LLC, a Delaware limited liability company (“Developer”), with reference to the following facts, intentions, and understandings.
R E C I T A L S
A. City is the fee owner of that certain property defined as the “Site”, which property is depicted in the “Site Map” (Exhibit C) and described in the “Site Legal Description” (Exhibit D).
B. Developer has proposed to City that Developer shall purchase the Site from City, upon which occurrence Developer shall proceed to construct certain improvements described herein as the “Developer Improvements.” The Purchase Price (as defined below) to be paid by Developer is equal to the Site’s market value and no assistance is being provided to Developer under this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows:
100. DEFINITIONS
“Adjusted Purchase Price” has the meaning set forth therefor in Section 201. “Agreement” means this Disposition and Development Agreement by and between City and Developer.
“Appraiser” is defined in Section 201.
“Approved Seller Broker Commission” means Twenty-Seven Thousand Three Hundred Seventy Eight Dollars and Ninety Four Cents ($27,378.94) payable to Seller’s Broker from the proceeds of the sale of the site.
“City” means the City of Lancaster, a charter city and California municipal corporation. “City Manager” means the City Manager of the City, or his or her designee. “City Code” means the Municipal Code of the City of Lancaster, including the Uniform Codes, all as amended from time to time.
“City’s Conditions Precedent” is defined in Section 206.1. “Closing” is defined in Section 203.4.
“Closing Date” is defined in Section 203.4.
2 “Developer’s Conditions Precedent” is defined in Section 206.2. “Developer Improvements” has the meaning established therefor in the Scope of Development.
“Environmental Consultant” is defined in Section 209.2. “Escrow” is defined in Section 203.
“Escrow Agent” is defined in Section 203.
“Exceptions” is defined in Section 204.
“Governmental Requirement(s)” means all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State of California, the County of Los Angeles, City or any other political subdivision in which the Site is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over City, Developer or the Site. “Hazardous Materials” means any substance, material or waste which is or becomes, prior to the Closing, regulated by any local governmental authority, the State of California or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901 et seq. (42 U.S.C.
Section 6903) or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 6901, et seq. “Outside Date” means, subject to the extensions of time set forth in Section 602 of this Agreement, the second anniversary of the Date of Agreement. “Purchase Price” means the following: (i) provided that the Site is conveyed to Developer on or before the Outside Date, the sum of $456,315.68 (the “Base Purchase Price”) or, if the Site is conveyed to Developer after the Outside Date, that amount determined as the “Adjusted Purchase Price” as provided in Section 201.
3 “Site” means that certain property which is described in the Site Legal Description attached hereto as Exhibit “G.”
“Site Grant Deed” means a grant deed substantially in the form of Exhibit “E” to this Agreement.
“Release of Construction Covenants” means the Release of Construction Covenants attached to this Agreement as Exhibit “F.”
“Report” is defined in Section 204.
“Right of Entry Agreement” is defined in Section 207.
“Schedule of Performance” means that Exhibit “A” to this Agreement. “Scope of Development” means Exhibit “B” to this Agreement. “Site Map” means Exhibit “C” to this Agreement.
“Title Company” is defined in Section 204.
“Title Policy” is defined in Section 205.
“Uniform Codes” mean each of the following as in effect from time to time as approved by City: the Uniform Building Code, the Uniform Housing Code, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, and the Uniform Code for Abatement of Dangerous Buildings.
101. Representations and Warranties.
101.1City Representations. City represents and warrants to Developer as follows, which shall be true as of the Date of Agreement and as of the Closing:
(a) Authority. City is a municipal corporation which has been authorized to transact business pursuant to action of City. City has full right, power and lawful authority to acquire the Site and thereafter convey the Site, including portions thereof, as provided herein and the execution, performance, and delivery of this Agreement by City has been fully authorized by all requisite actions on the part of City. The parties who have executed this Agreement on behalf of City are authorized to bind City by their signatures hereto.
(b) Litigation. To the best of City’s knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Site or any portion thereof, at law or in equity before any court or governmental agency, domestic or foreign. (c) No Conflict. To the best of City’s knowledge, City’s execution, delivery, and performance of its obligations under this Agreement will not constitute a default or a 4 breach under any contract, agreement or order to which City is a party or by which it is bound, including any outstanding agreement of sale, purchase option, or right of first refusal. (d) No City Bankruptcy. City is not the subject of a bankruptcy proceeding (e) To the best of City’s knowledge, and except as otherwise disclosed in writing by City to Developer pursuant to the terms of this Agreement, no Hazardous Materials have been generated, stored, released, or disposed of on or about the Site. To the best of City’s knowledge, City has not received any notice from (nor delivered any notice to) any federal, state, county, municipal or other governmental department, agency or authority concerning any petroleum product or other Hazardous Materials discharge or seepage.
(f) To the best of City’s knowledge, the Site is in compliance in all material respects with all applicable zoning laws, regulations and ordinances. (g) To the best of City’s knowledge, there are no occupancy agreements, leases, lettings, tenancies or subtenancies affecting the Site. (h) To the best of City’s knowledge, the list of management, service, supply, equipment rental, and other contracts related to the operation or maintenance of the Site (“Service Contracts”) to be delivered to Developer pursuant to this Agreement will be true, correct and complete as of the date of its delivery. Seller has not received or delivered any written notice of default under the terms of any contracts related to the Property that has not been fully cured. (i) In addition to any other representations herein, to the best of City’s knowledge, the documents, materials and information provided to Developer pursuant to this Agreement, including the Site Information (as herein defined) are true, correct and complete in all material respects and City has provided Developer with all relevant documentation, materials and information in accordance with this Agreement.
(j) To the best of City’s knowledge, City has not received any written notice from (or delivered any notice to) any governmental authority or third party regarding any violation of any law applicable or any easements, declarations, covenants, conditions, restrictions, restrictive covenants, equitable servitudes or similar instruments (“CCRs”) in connection with the Site and to the best of City’s knowledge there are no violations that have not been fully cured in accordance with applicable law or any CCRs.
(k) City has not entered into any contracts, subcontracts or agreements affecting the Site which will be binding upon Developer after the Closing other than any agreements expressly agreed to be assumed by Developer prior to Closing. (l) To the best of City’s knowledge, the Site is free and clear of liens, security interests and other encumbrances arising by, through or under City, except as indicated in the Report and/or as a result of loan instruments securing a loan that shall be paid in full by City at or prior to Closing.
(m) City has not filed, and has not retained anyone to file, notices of protests or appeal against, or to commence action to review, real property tax assessments against the Site. 5 (n) City is not a “foreign person” as that term is defined in the Internal Revenue Code of 1986, as amended and the Regulations promulgated pursuant thereto.
As used herein, “City’s Knowledge” (whether or not capitalized) or any similar phrase means the actual personal knowledge of the City Manager without duty to inquire or obligation to conduct any due diligence or other investigations, and no other knowledge of any other person is imputed.
Until the Closing, City shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 101.1 not to be true as of the Closing, immediately give written notice of such fact or condition to Developer. Such exception(s) to a representation shall not be deemed a breach by City hereunder, but shall constitute an exception which Developer shall have a right to approve or disapprove if such exception would have an effect on the value and/or operation of the Site within five (5) business days following City’s notice. If Developer does not disapprove such exception within such five (5) business day period, the exception shall be deemed approved. If Developer elects (or is deemed to have elected) to proceed with purchase of the Site, City’s representations and warranties contained herein shall be deemed to have been made as of such the Closing, subject to such exception(s). The representations and warranties set forth in this Section 101.1 shall survive the Closing. In the event Developer disapproves such exception, this Agreement will terminate and neither City nor Developer shall have any further rights, obligations or liabilities hereunder, except as otherwise expressly provided herein. City agrees to defend and indemnify Developer against any claim, liability, damage or expense asserted against or suffered by Developer arising out of the breach or inaccuracy of any such representation or warranty. 101.2Developer Representations. Developer represents and warrants to City as follows, which shall be true as of the Date of Agreement and as of the Closing:
(a) Authority. Developer has full right, power and lawful authority to acquire and accept title to and possession of the Site, including portions thereof, and undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by Developer has been fully authorized by all requisite actions on the part of Developer. The parties who have executed this Agreement on behalf of Developer are authorized to bind Developer by their signatures hereto.
(b) Litigation. To the best of Developer’s knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting or Developer, at law or in equity before any court or governmental agency, domestic or foreign. (c) No Conflict. To the best of Developer’s knowledge, Developer’s execution, delivery, and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Developer is a party or by which it is bound.
(d) No Developer Bankruptcy. Neither Developer nor any of the Principals is the subject of a bankruptcy proceeding.
6 (e) Developer Experience; Sophisticated Party. Developer is a sophisticated party, with substantial experience in the acquisition, rehabilitation, development, financing, obtaining financing for, marketing, and operation of industrial and office space has obtained advice from any advisers of its own choosing in connection with this Agreement. (f) Due Authorization and Execution; Studies Completed. Developer has duly authorized the execution of this Agreement, including without limitation the attachments hereto.
As used herein, “Developer’s Knowledge” (whether or not capitalized) or any similar phrase means the actual personal knowledge of Dalila Haimoff, the Managing Member of Developer without duty to inquire or obligation to conduct any due diligence or other investigations, and no other knowledge of any other person is imputed.
Until the Closing, Developer shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 101.2 not to be true as of such Disposition Conveyance, immediately give written notice of such fact or condition to City. Such exception(s) to a representation shall not be deemed a breach by Developer hereunder, but shall constitute an exception which City shall have a right to approve or disapprove if such exception would have an effect on the value and/or operation of the Site within five (5) business days following Developer’s notice. If City does not disapprove such exception within such five (5) business days period, the exceptions shall be deemed approved. If City elects (or is deemed to have elected) to proceed with the sale of the Site , Developer’s representations and warranties contained herein shall be deemed to have been made as of the Closing, subject to such exception(s). The representations and warranties set forth in this Section 101.2 shall survive the Closing. In the event City disapproves such exception, this Agreement will terminate and neither City nor Developer shall have any further rights, obligations or liabilities hereunder, except as otherwise expressly provided herein. Developer agrees to defend and indemnify City against any claim, liability, damage or expense asserted against or suffered by City arising out of the breach or inaccuracy of any such representation or warranty. 200. DISPOSITION OF SITE
201. Disposition of Site to Developer. Developer agrees to purchase the Site from City and City agrees to sell the Site to Developer, in accordance with and subject to all of the terms, covenants, and conditions of this Agreement, for the Purchase Price. It is mutually agreed between City and Developer that provided the conveyance of the Site to Developer occurs on or before the Outside Date, the Base Purchase Price shall constitute the Purchase Price. In the event the conveyance of the Site to Developer occurs later than the Outside Date, the purchase price shall be deemed to be an amount equal to the greater of: (i) the Base Purchase Price, or (ii) that amount reasonably determined by an appraiser hereafter retained by the City Manager and reasonably approved by Developer (the “Appraiser”) on behalf of City to represent the market value of the Site as of the date on which it is anticipated that the conveyance of the Site to Developer will take place (the latter constituting the “Adjusted Purchase Price”). The Purchase Price shall apply without regard to the square footage determined to constitute the Site. Once the Appraiser determines the Adjusted Purchase Price, City shall give written notice thereof to Developer (“Notice of Adjusted Price”). In the event that the Adjusted Price is more than two percent (2%) more than the Base Purchase Price, 7 Developer shall have five (5) business days from City’s Notice of Adjusted Price to approve or disapprove of the Adjusted Purchase Price by written notice to City. In the event Developer disapproves of the Adjusted Purchase Price, this Agreement will terminate and neither City nor Developer shall have any further rights, obligations or liabilities hereunder, except as otherwise expressly provided herein.
202. Payment of the Purchase Price. Developer shall pay the Purchase Price in cash, by wire transfer, or other immediately available funds, to be deposited into the Escrow prior and as a condition to the Closing.
203. Escrow. By the time established therefor in the Schedule of Performance, City shall open escrow (the “Escrow”) with First American Title Company of Los Angeles or another escrow company mutually satisfactory to both parties (the “Escrow Agent”). 203.1 Costs of Escrow. City and Developer shall pay their respective portions of the premium for the Title Policy as set forth in Section 205, City shall pay the documentary transfer taxes, if any, due with respect to the conveyance of the Site, Developer shall pay an amount equal to the amount reasonably expended or incurred by City or that amount reasonably required to be paid by City to the Appraiser hired pursuant to Section 201 hereof, City shall pay from the proceeds of sale of the Site the Approved Seller Broker Commission, if any, and City and Developer each agree to pay one half of all other usual fees, charges, and costs which arise from the Escrow. 203.2 Escrow Instructions. This Agreement constitutes the joint escrow instructions of City and Developer, and the Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts reasonably necessary to close the Escrow in the shortest possible time. Insurance policies for fire or casualty are not to be transferred, and City will cancel its own policies after the Closing. All funds received in the Escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account.
If in the opinion of either party it is reasonable or convenient in order to accomplish the Closing, such party may require that the parties sign reasonable supplemental escrow instructions; provided that if there is any inconsistency between this Agreement and the supplemental escrow instructions, then the provisions of this Agreement shall control. The parties agree to execute such other and further documents as may be reasonably necessary, helpful or appropriate to effectuate the provisions of this Agreement. The Closing shall take place when both City’s Conditions Precedent and Developer’s Conditions Precedent as set forth in Section 206 have been satisfied. The Escrow Agent is instructed to release City’s escrow closing and Developer’s escrow closing statements to the respective parties.
203.3 Authority of Escrow Agent. The Escrow Agent is authorized to, and shall:
(a) Pay and charge City for the premium of the Title Policy as set forth in Section 205 and any amount necessary to place title to the Site in the condition necessary to satisfy Section 204, and the Approved Seller Broker Commission. 8 (b) Pay and charge City and Developer for their respective shares of any escrow fees, charges, and costs payable under Section 203.1. (c) Pay and charge Developer for the cost of an ALTA policy (if any) and for any endorsements to the Title Policy which are requested by Developer as set forth in Section 205 and which are in excess of the premium for the Title Policy payable by City pursuant to Section 205. (d) If applicable, Charge the Developer for that amount City Manager informs Escrow Agent as having been reasonably expended or incurred by City for the Appraiser under Section 201.
(e) Disburse funds and deliver and record the Site Grant Deed when both City’s Conditions Precedent and Developer’s Conditions Precedent have been fulfilled or waived by City and Developer.
(f) Do such other actions as necessary, including obtaining the Title Policy, to fulfill its obligations with respect to the Site under this Agreement. (g) Within the discretion of the Escrow Agent and, if reasonably necessary, direct City and Developer to execute and deliver any instrument, affidavit, and statement, and to perform any act reasonably necessary to comply with the provisions of FIRPTA and any similar state act and regulation promulgated thereunder. City agrees to execute a Certificate of Non-Foreign Status and/or a Certification of Compliance with Real Estate Reporting Requirement of the 1986 Tax Reform Act and a California Form 593 Real Estate Withholding Statement as may be required by the Escrow Agent, on a form or forms to be supplied by the Escrow Agent. (h) Prepare and file with all appropriate governmental or taxing authorities a uniform settlement statement, closing statement, tax withholding forms including an IRS 1099-S form, and be responsible for withholding taxes, if any such forms are provided for or required by law. (i) Verify that this Agreement has been properly executed by the parties prior to the Closing.
203.4 Closing. The conveyance of the Site shall close by accomplishment of conveyance of the Site to Developer and receipt by City of the Purchase Price (the “Closing”) within thirty (30) days after the satisfaction of all of City’s and Developer’s Conditions Precedent as set forth in Section 206 and no later than the Outside Date; provided that, notwithstanding the foregoing, the Closing may occur after the Outside Date provided that the City Manager designates in writing to the Escrow Holder the Adjusted Purchase Price (as the Purchase Price) and Developer agrees in writing to such Adjusted Purchase Price shall constitute the Purchase Price. The “Closing” shall mean the time and day the Site Grant Deed is filed for record with the Los Angeles County Recorder. The “Closing Date” shall mean the day on which the Closing occurs.
203.5 Termination. If the Escrow is not in condition to close by the Outside Date, then either party which has fully performed under this Agreement may, in writing, demand the return of money or property and terminate the Escrow and neither City nor Developer shall have any further 9 rights, obligations or liabilities hereunder, except as otherwise expressly provided herein. If either party makes a written demand for return of documents or properties, Escrow shall not terminate until five (5) business days after the Escrow Agent shall have delivered copies of such demand to all other parties at the respective addresses shown in this Agreement. If any objections are raised within said five (5) business day period, the Escrow Agent is authorized to hold all papers and documents until instructed by a court of competent jurisdiction or by mutual written instructions of the parties.
Termination of the Escrow shall be without prejudice as to whatever legal rights either party may have against the other arising from this Agreement. If no demands are made, the Escrow Agent shall proceed with the Closing as soon as possible.
203.6 Closing Procedure. The Escrow Agent shall close the Escrow for the Site as follows:
(a) Verify execution of this Agreement by the parties;
(b) Record the Site Grant Deed, with instructions for the Recorder of Los Angeles County, California to deliver the Site Grant Deed to Developer; (c) Instruct the Title Company to deliver the Title Policy to Developer; (d) File any informational reports required by Internal Revenue Code Section 6045(e), as amended, and any other applicable requirements; (e) Deliver the FIRPTA Certificate and California Form 593 Real Estate Withholding Statement, if any, to Developer;
(f) Forward to both City and Developer a separate accounting of all funds received and disbursed for each party and copies of all executed and recorded or filed documents deposited into the Escrow, with such recording and filing date and information endorsed thereon; and (g) Record documents requested by Developer subsequent to the recordation of the Site Grant Deed.
204. Review of Title. Within thirty (30) days after the Date of Agreement, City shall cause First American Title Company (the “Title Company”), to deliver to Developer an ALTA preliminary title report (the “Report”) with respect to the title to the Site, together with legible copies of the documents underlying the exceptions (“Exceptions”) set forth in the Report. Developer shall have the right to reasonably approve or disapprove the Exceptions.
Subject to the extensions of time set forth in Section 602 of this Agreement, within the time set forth in the Schedule of Performance, Developer shall give written notice to City and the Escrow Agent of Developer’s approval or disapproval of any of such Exceptions. Developer’s failure to give written disapproval of the Report within such time limit shall be deemed approval of the Report and the Exceptions set forth therein. If Developer notifies City of its disapproval of any Exceptions in the Report, City shall have the right, but not the obligation, to remove any disapproved Exceptions within five (5) days after receiving written notice of Developer’s disapproval or provide assurances reasonably satisfactory to Developer that such Exception(s) will be removed on or before the Closing. 10 If City cannot or does not elect to remove any of the disapproved Exceptions within that period, City shall provide written notice of such election to Developer within such five (5) day period. Developer shall then have ten (10) business days after the expiration of such five (5) business day period to either give City written notice that Developer elects to proceed with the purchase of the Site subject to the disapproved Exceptions or to give City written notice that Developer elects to terminate this Agreement. If Developer elects to terminate this Agreement, neither City nor Developer shall have any further rights, obligations or liabilities hereunder, except as otherwise expressly provided herein.
Developer shall have the right to approve or disapprove any Exceptions reported by the Title Company after Developer has approved the Report for the Site (which are not created by Developer) subject to the same procedures set forth above. City shall not voluntarily create any new exceptions to title following the Date of Agreement.
205. Title Insurance. Concurrently with recordation of the Site Grant Deed conveying title to the Site to Developer, there shall be issued to Developer a CLTA owner’s policy of title insurance (the “Title Policy”), together with such additional coverage and/or endorsements as are reasonably requested by Developer, issued by the Title Company insuring that the title to the Site is vested in Developer in the condition required by Section 204. The Title Company shall provide City with a copy of the Title Policy. The Title Policy shall be in the amount of the Purchase Price. City shall pay that portion of the premium for the Title Policy equal to the cost of a CLTA standard coverage title policy in the amount of the Purchase Price. Any additional costs, including the cost of an ALTA policy or any endorsements requested by Developer, shall be borne by Developer.
206. Conditions of Closing. The Closing is conditioned upon the satisfaction of the following terms and conditions within the times designated below:
206.1 City’s Conditions of Closing. City’s obligation to proceed with the Closing of the conveyance of the Site is subject to the fulfillment, or waiver by City in writing, of each and all of the conditions precedent (a) through (l), inclusive, described below (the “City’s Conditions Precedent”), which are solely for the benefit of City, and which shall be fulfilled or waived in writing by City by the time periods provided for herein, or if no time period is provided, prior to the Closing:
(a)No Default. Prior to the Closing, Developer is not in default in any of its obligations under the terms of this Agreement and all representations and warranties of Developer contained herein shall be true and correct in all material respects. (b)Execution of Documents. Developer shall have executed and delivered into Escrow this Agreement, and any other documents required pursuant to the terms of this Agreement.
(c)Payment of Closing Costs. Not later than three (3) business days prior to the Closing, Developer shall have delivered to Escrow its share of costs of the Closing which are Developer’s obligation in accordance with Section 203.1, as well as the cost for the Appraiser if applicable under Section 201.
11 (d)Title Policy. The Title Company shall, upon payment of Title Company’s regularly scheduled premium, have agreed to provide the Title Policy for the Site upon the Closing, in accordance with Section 205.
(e)Condition of Site. Developer shall have approved of the physical and environmental condition of the Site.
(f)Land Use Approvals. Developer shall have received all land use approvals for the Developer Improvements required pursuant to Section 303 hereof. (g)Plans and Permits. Developer shall have obtained approval of its final building plans for the Developer Improvements and grading, building and other required permits, as applicable, shall be ready to be issued (upon payment of requisite fees, posting of security and similar items).
(h)Financing. Developer shall have provided proof satisfactory to City that Developer has sufficient internal funds and/or has obtained a loan or other financing for acquisition of the Site and construction and operation of the Developer Improvements pursuant to Section 309 hereof, and such financing shall close and fund and shall be available to Developer upon the Closing. (i)Proof of Insurance. Developer shall have provided, for City’s review and approval, proof of insurance reasonably satisfactory to City in accordance with Section 307. (j)Approval of Preliminary Title Report. Developer shall have approved the Report.
206.2 Developer’s Conditions of Closing. Developer’s obligation to accept conveyance of the Site is subject to the fulfillment or waiver by Developer in writing of each and all of the conditions precedent (a) through (k), inclusive, described below (“Developer’s Conditions Precedent”), which are solely for the benefit of Developer, and which shall be fulfilled or waived in writing by Developer by the time periods provided for herein:
(a)No Default. City is not in default in any of its obligations under the terms of this Agreement and all representations and warranties of City contained herein shall be true and correct and not misleading in all material respects. (b)Execution of Documents. City shall have executed and delivered into Escrow this Agreement, the Site Grant Deed, and any other documents required pursuant to the terms of this Agreement.
(c)Payment of Closing Costs. Prior to the Closing, City has paid or submitted into Escrow all costs of the Closing which are City’s obligation in accordance with Section 203.1.
(d)Title Policy. The Title Company shall, upon payment of Title Company’s regularly scheduled premium, have agreed to provide the Title Policy for the Site upon the Closing, in accordance with Section 205.
12 (e)Environmental Condition of Site. Developer shall have approved of the environmental condition of the Site.
(f)Land Use Approvals. Developer shall have received all land use approvals for the Developer Improvements required pursuant to Section 303. (g)Plans and Permits. Developer shall have obtained approval of its final building plans for the Developer Improvements and grading, building and other required permits, as applicable, shall be ready to be issued (upon payment of requisite fees, posting of security and similar items).
(h)Financing. Developer shall have provided proof satisfactory to City that Developer has sufficient internal funds and/or has obtained a loan or other financing for acquisition of the Site and construction and operation of the Developer Improvements pursuant to Section 306 hereof, and such financing shall close and fund and shall be available to Developer upon the Closing. (i)Approval of Preliminary Title Report. Developer shall have approved the Report.
207. Site Information. Within five (5) business days following the Date of Agreement, City provide to Developer copies of the following documents and materials pertaining to the Site to the extent within City’s possession or control: current and historical operating statements for the Site; a list together with copies of all Service Contracts; title commitment/policy; surveys (including any as-built surveys), site plans and specifications, architectural plans; environmental/hazardous material reports; certificates of occupancy; soils reports and investigations; permits and approvals; zoning information; copies of all warranties; tax information; utility information; water and sewer studies; inspection reports; topographic maps; archaeological information; permits and approvals, applications for permits and approvals; copies of all correspondence related to the Site; insurance policies related to the Site; and any other documents relating to the Site in City’s possession or control (all the foregoing collectively “Site Information”). Seller shall have an ongoing obligation during the pendency of this Agreement to provide Developer with any document described above and coming into City’s possession or produced by City during the pendency of this Agreement.
208. Studies and Reports. Prior to the Closing and upon Developer’s execution of a right of entry agreement to be provided by City (the “Right of Entry Agreement”), representatives of Developer shall have the right of access to all portions of the Site owned by City for the purpose of obtaining data and making surveys and tests necessary to carry out this Agreement. Any preliminary work undertaken on the Site by Developer prior to the Closing shall be done at the sole expense of Developer and Developer shall defend, indemnify and hold City harmless from any claims resulting from all preliminary work, access or use of the Site undertaken pursuant to this Section 207. Any preliminary work shall be undertaken only after securing any necessary permits from the appropriate governmental agencies. 13 209. Taxes and Assessments. Ad valorem taxes and assessments, if any, on the Site levied, assessed, or imposed for any period prior to the Closing, shall be borne by City.
All ad valorem taxes and assessments levied or imposed for any period after the Closing shall be paid by Developer.
210. Condition of the Site.
210.1 As-Is Condition. Notwithstanding any provisions of this Agreement to the contrary (except as set forth in Section 624.2(d) of this Agreement), except for the City’s representations and warranties expressly provided herein or in any certificate or other instrument or document furnished (or to be furnished) by City pursuant to this Agreement and with respect to the transactions contemplated hereunder, the Site shall be conveyed in an “as is” condition, with no warranty, express or implied by City, as to the condition of improvements on the Site, the soil, its geology, the presence of known or unknown faults or Hazardous Materials or toxic substances, and Developer agrees to and shall indemnify and hold City harmless from and against all liability, loss, damages, costs, or expenses (including reasonable attorneys’ fees and court costs) arising from or as a result of the existence of such faults or substances. Notwithstanding the foregoing, Developer shall not be responsible for matters related to any environmental contamination which existed prior to the Closing. It shall be the sole responsibility of Developer at its expense to investigate and determine the soil and improvement conditions for the development to be constructed. If the soil and environmental condition is not in all respects entirely suitable for the use or uses to which the Site will be put, then Developer shall have the right to terminate this Agreement by written notice to the City on or before ninety (90) days following the Date of Agreement, in which case neither City nor Developer shall have any further rights, obligations or liabilities hereunder, except as otherwise expressly provided herein.
In the event Developer does not timely terminate this Agreement, then it shall be the sole responsibility and obligation of Developer after Closing to take such action as may be necessary to place the soil and environmental conditions of the Site in a condition entirely suitable for its development. 210.2 Investigation of Site. Developer, upon execution of the Right of Entry Agreement, shall have the right, at its sole cost and expense, to engage its own environmental consultant (the “Environmental Consultant”) to make such investigations as Developer deems necessary, including any “Phase I” or “Phase II” investigations of the Site. Developer shall provide City with a copy of any and all studies and reports provided to Developer by the Environmental Consultant, or such other consultant engaged by Developer. Any studies, reports or other documents or materials provided by Developer to City are delivered to City without warranty, including as to their accuracy or completeness. City shall have no recourse against Developer or any person who prepared any such materials with respect to the accuracy, completeness or lack of availability of any such materials, except in the case of collusion with the preparer. The Site is to be sold on a where is, as is basis with no representations as to the Site or its condition being made by City, except as otherwise expressly provided herein.
210.3 Approval of Environmental Condition of Site. Developer shall have the right to approve the environmental condition of the Site prior to Developer’s obligation to acquire the Site.
Developer shall approve or disapprove of the environmental condition of the Site within ninety (90) days after the Date of Agreement. Developer’s approval of the environmental condition of the Site shall be Developer’s Condition Precedent to Closing, as set forth in Section 206.2 hereof. In the event 14 Developer disapproves of the environmental condition of the Site, this Agreement will terminate and neither City nor Developer shall have any further rights, obligations or liabilities hereunder, except as otherwise expressly provided herein.
210.4 Developer’s Precautions after Closing. Upon the Closing, Developer shall take all necessary precautions to prevent the release into the environment of any Hazardous Materials which are located in, on or under the Site. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous Materials in, on or under the Site.
210.5 Required Disclosures After Closing. After the Closing, Developer shall notify City, and provide to City a copy or copies, of all notices of violation, notices to comply, citations, inquiries, clean up or abatement orders, cease and desist orders, reports filed pursuant to self-reporting requirements and reports filed or applications made pursuant to any Governmental Requirement relating to Hazardous Materials and underground tanks. Developer shall report to City, as soon as possible after each incident, any known Hazardous Materials release or known circumstances which would potentially lead to such a release.
210.6 Developer Indemnity - Hazardous Materials. Upon the Closing, Developer agrees to indemnify, defend and hold City, and its respective officers, employees, agents, representatives and volunteers, harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys’ fees), resulting from, arising out of, or based upon the following occurring subsequent to the Closing (i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Site arising solely from Developer’s use or occupancy of the Site after Closing, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Site arising solely from Developer’s use or occupancy of the Site after Closing. This indemnity shall include, without limitation, any damage, liability, fine, penalty, parallel indemnity after closing cost or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment. 300. DEVELOPMENT OF PROJECT SITE
301. Scope of Development. Subject to the extensions of time set forth in Section 602 of this Agreement, Developer shall within the time set forth in the Schedule of Performance develop or cause the development of the Developer Improvements in accordance with the Scope of Development, City Code, all entitlements and approvals for the Site, and the plans, drawings and documents submitted by Developer and approved by City as set forth herein. Developer shall, without limitation, apply for and secure, and pay all costs, charges 15 and fees associated therewith, all permits and fees required by City, County, and other governmental agencies with jurisdiction over the Developer Improvements. 302. Construction Drawings and Related Documents. Prior to commencement of construction, Developer shall prepare and submit to City, construction drawings, landscape plans, and related documents required for the development of the Site and the construction of the Developer Improvements (the “Construction Drawings”). City shall have the right of review of all Construction Drawings, including any proposed changes therein. City shall not be responsible either to Developer or to third parties in any way for any defects in the Construction Drawings, nor for any structural or other defects in any work done according to the approved Construction Drawings, nor for any delays reasonably caused by the review and approval processes conducted by City except for any gross negligence or willful misconduct by City or its representatives. Any and all change orders or revisions required by City and its inspectors under the City Code, including without limitation, all applicable Uniform Codes (e.g. Building, Plumbing, Fire, Electrical, etc.) and under other applicable laws and regulations shall be included by Developer in its Construction Drawings and other required submittals and shall be completed during the construction of the Developer Improvements. 303. Land Use Approvals. Prior to commencement of construction of the Developer Improvements or other works of improvement upon the Site by Developer, Developer shall, at its own expense, secure or cause to be secured any and all land use and other entitlements, and approvals, including environmental approvals, which may be required by City and/or any other governmental agency affected by such construction or work for the Developer Improvements. Developer shall, without limitation, apply for and secure all permits required by City, the County and other governmental agencies with jurisdiction over the Developer Improvements.
304. Schedule of Performance. Subject to the extensions of time set forth in Section 602 of this Agreement, Developer shall submit the Construction Drawings, commence and complete all construction of the Developer Improvements, and satisfy all other obligations and conditions of this Agreement within the times established therefor in the Schedule of Performance. During the course of construction and prior to issuance of the Release of Construction Covenants, Developer shall provide timely reports of the progress of construction when requested by the City Manager. Developer shall complete construction of all of the Developer Improvements within the respective times established therefor in the Schedule of Performance. The Schedule of Performance is subject to revision from time-to- time as mutually agreed upon in writing by Developer and City and City is authorized to make such revisions as it deems reasonably necessary, subject to Developer’s consent which shall not be unreasonably withheld.
305. Cost of Construction. All of the cost of planning, designing, developing and constructing the Developer Improvements shall be borne solely by Developer. 16 306. Financing of the Developer Improvements.
306.1 Approval of Financing. As required herein and as one of City’s Conditions Precedent, Developer shall submit evidence that Developer has or has obtained sufficient equity capital and/or has obtained firm and binding commitments for construction financing necessary to undertake the acquisition and development of the Site and the construction and operation of the Developer Improvements in accordance with this Agreement, to City for review and approval. Such review and approval or disapproval of financing commitments shall be made within fifteen (15) days of receipt of a complete submission. City shall not unreasonably withhold, delay or condition such approval. If City shall disapprove any such evidence of financing, it shall do so by notice to Developer stating the reasons for such disapproval, in which event Developer shall use commercially reasonable efforts to promptly obtain and submit new evidence of financing. City shall approve or disapprove such new evidence of financing in the same manner and within the same times established in this Section 306.1 for the approval or disapproval of the evidence of financing as initially submitted. Developer shall close any approved construction financing prior to or concurrently with the Closing.
Such evidence of financing shall include the following: (a) a copy of an enforceable loan commitment(s) obtained by Developer from one or more financial institutions for the mortgage loan or loans for construction financing for the Developer Improvements, subject to such lenders’ reasonable, customary and normal conditions and terms, and/or (b) evidence reasonably acceptable to City that Developer has sufficient funds for such construction, and that such funds have been committed to such construction, and/or other documentation satisfactory to City as evidence of other sources of capital sufficient to demonstrate that Developer has adequate funds to cover the difference between the total cost of the acquisition of the Site and construction and completion of the Developer Improvements, less financing authorized by those loans set forth in subparagraph (a) above, and (c) evidence of sufficient capital to operate the Developer Improvements in accordance with the Scope of Development.
306.2 Holder Not Obligated to Construct Improvements. The holder of any mortgage or deed of trust authorized by this Agreement shall not be obligated by the provisions of this Agreement to construct or complete the Developer Improvements or any portion thereof, or to guarantee such construction or completion; nor shall any covenant or any other provision in this Agreement be construed so to obligate such holder. Nothing in this Agreement shall be deemed to construe, permit or authorize any such holder to devote the Site to any uses or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement. Notwithstanding the foregoing, City shall reasonably cooperate with Developer’s construction and permanent lenders in connection with the permitted use or uses to which such lender may devote the Site following a foreclosure or deed in lieu of foreclosure.
306.3 Notice of Default to Mortgagee or Deed of Trust Holders; Right to Cure. With respect to any mortgage or deed of trust granted by Developer as provided herein, whenever City may deliver any notice or demand to Developer with respect to any breach or default by Developer in completion of construction of the Developer Improvements, City shall at the same time deliver to each holder of record of any mortgage or deed of trust a copy of such notice or demand. Each such holder shall (insofar as the rights granted by City are concerned) have the right, at its option, within sixty (60) days after the receipt of the notice, to cure or remedy or commence to cure or remedy and thereafter to 17 pursue with due diligence the cure or remedy of any such default and to add the cost thereof to the mortgage debt and the lien of its mortgage. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the Developer Improvements, or any portion thereof (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed Developer’s obligations to City by written agreement reasonably satisfactory to City. The holder, in that event, must agree to complete, in the manner provided in this Agreement, the improvements to which the lien or title of such holder relates. Any such holder properly completing such improvement shall be entitled, upon compliance with the requirements of Section 312, to a Release of Construction Covenants.
307. Insurance Requirements. Developer shall take out and maintain or shall cause its contractor to take out and maintain until the issuance of the Release of Construction Covenants pursuant to Section 312, a comprehensive general liability policy in the amount of Two Million Dollars ($2,000,000.00) combined single limit policy, and a comprehensive automobile liability policy in the amount of Five Hundred Thousand Dollars ($500,000.00), combined single limit, or such other policy limits as City may approve at its reasonable discretion, including contractual liability, as shall protect Developer and City from claims for such damages. Such policy or policies shall be written on an occurrence form. Developer shall also furnish or cause to be furnished to City evidence satisfactory to City that Developer and any contractor with whom it has contracted for the performance of work on the Site or otherwise pursuant to this Agreement carries workers’ compensation insurance as required by law. Developer shall furnish a notarized certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by City setting forth the general provisions of the insurance coverage. This countersigned certificate shall name City and its respective officers, agents, and employees as additionally insured parties under the policy, and the certificate shall be accompanied by a duly executed endorsement evidencing such additional insured status. The certificate and endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by Developer shall be primary insurance and not be contributing with any insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City. The required certificate shall be furnished by Developer prior to the commencement of construction of the Developer Improvements.
308. Indemnity. Developer shall defend (by counsel satisfactory to City), indemnify and save and hold harmless City and its officers, contractors, agents and employees (collectively, the “Indemnitees”) from and against all claims, damages, demands, actions, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising from or relating to: (i) this Agreement (including all provisions hereof); (ii) compliance with applicable laws; (iii) a claim, demand or cause of action that any person has or asserts against Developer; (iv) any act or omission of Developer, any contractor, subcontractor or material supplier, engineer, architect or other person with respect to the Site; 18 (v) those matters set forth in Section 101.2 hereof; or (vi) the ownership, occupancy or use of the Site and any portions thereof arising or accruing after the Closing. Notwithstanding the foregoing, Developer shall not be obligated to indemnify City with respect to the consequences of any breach or default of this Agreement by City or its affiliates or representatives, any act of gross negligence not contributed to by Developer or willful misconduct of City or its affiliates or representatives. Developer’s obligations under this Section 308 shall survive the issuance of the Release of Construction Covenants and termination of this Agreement; the requirements under this Section 308 are in addition to and do not limit the obligations of Developer under the Site Grant Deed.
Developer shall reimburse City immediately upon written demand for all costs reasonably incurred by City (including the reasonable fees and expenses of attorneys, accountants, appraisers and other consultants, whether the same are independent contractors or employees of City) in connection with the enforcement of the this Agreement and all related matters including the following: (a) City’s commencement of, appearance in, or defense of any action or proceeding purporting to affect the rights or obligations of the parties to this Agreement or the Site Grant Deed, and (b) all claims, demands, causes of action, liabilities, losses, commissions and other costs against which City is indemnified under this Agreement or the Site Grant Deed. Such reimbursement obligations shall bear interest at the rate of seven percent (7%) simple per annum (or, if lower, the highest non-usurious interest rate that may be charged) based upon the amounts and times of disbursement by City, provided that City gives written demand to Developer. Such reimbursement obligations shall survive the issuance of the Release of Construction Covenants and termination of this Agreement and are in addition to and do not limit the obligations of Developer under the Site Grant Deed or other instruments associated with the conveyance of any portion of the Site.
Upon the Closing, Developer shall take all reasonably necessary precautions to prevent the release into the environment of any Hazardous Materials which are located in, on or under the Site.
Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous Materials. Notwithstanding anything contained herein to the contrary, Developer shall not indemnify City for any claims arising from City’s gross negligence or City’s willful misconduct so long as the loss alleged is not caused or contributed to by Developer and the foregoing indemnification shall not apply to the presence, use, release, escape, seepage, leakage, spillage, emission, or discharge of any Hazardous Materials in, on, under, or about the Site where such Hazardous Material existed on the property prior to the Closing. 308.1 Developer’s Indemnity. Developer shall defend, indemnify, assume all responsibility for, and hold harmless City, and its representatives, volunteers, officers, employees and agents, from and against all claims, demands, damages, defense costs or liability of any kind or nature relating to the subject matter of this Agreement or the implementation hereof and for any damages to property or injuries to persons, including accidental death (including attorneys’ fees and costs), which are legally caused by any acts or omissions of Developer under this Agreement, whether such activities or performance thereof be by Developer or by anyone directly or indirectly employed or contracted 19 with by Developer and whether such damage shall accrue or be discovered before or after termination of this Agreement.
308.2 City’s Indemnity. City shall defend, indemnify, assume all responsibility for, and hold harmless Developer, and its representatives, volunteers, officers, employees and agents, from and against all claims, demands, damages, defense costs or liability of any kind or nature relating to the subject matter of this Agreement or the implementation hereof and for any damages to property or injuries to persons, including accidental death (including attorneys’ fees and costs), (i) that result from any breach or default by the City or its affiliates or representatives under this agreement and (ii) which are legally caused by any acts or omissions of City under this Agreement, whether such activities or performance thereof be by City or by anyone directly or indirectly employed or contracted with by City and whether such damage shall accrue or be discovered before or after termination of this Agreement.
309. Rights of Access. Representatives of City shall have the right of access to the Site, without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including but not limited to, the inspection of the work being performed in constructing the Developer Improvements so long as City representatives comply with all generally applicable safety rules.
310. Compliance with Laws. Developer shall carry out the design and construction of the Developer Improvements in conformity with all applicable laws, including all applicable state labor standards, City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of City Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Sections 12101, et seq., California Government Code Sections 4450, et seq., California Government Code Sections 11135, et seq., and the Unruh Civil Rights Act, California Civil Code Sections 51, et seq. 310.1 Nondiscrimination in Employment. Developer certifies and agrees that, to the extent applicable to it, all persons employed or applying for employment by it, its affiliates, subsidiaries, or holding companies, and all subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or because of race, color, religion, ancestry, national origin, sex, age, pregnancy, childbirth or related medical condition, medical condition (cancer related) or physical or mental disability, and in compliance with Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000, et seq., the Federal Equal Pay Act of 1963, 29 U.S.C. Section 206(d), the Age Discrimination in Employment Act of 1967, 29 U.S.C. Sections 621, et seq., the Immigration Reform and Control Act of 1986, 8 U.S.C. Sections 1324b, et seq., 42 U.S.C. Section 1981, the California Fair Employment and Housing Act, California Government Code Sections 12900, et seq., the California Equal Pay Law, California Labor Code Sections 1197.5, California Government Code Section 11135, the Americans with Disabilities Act, 42 U.S.C. Sections 12101, et seq., and all other anti-discrimination laws and regulations of the United States and the State of California as they now exist or may hereafter be amended. Developer shall allow representatives of City access to its employment records related to this Agreement during regular business hours to verify compliance with these provisions when so requested by City.
20 310.2 Public Works Requirements. Developer shall carry out the construction of the Developer Improvements and the development of the Site in conformity with all applicable federal and state labor laws (including, without limitation, if applicable, the requirement under California law to pay prevailing wages and to hire apprentices). Although the parties believe that the Developer Improvements are not considered to be a “public work” under California law because the Site is being sold for a price not less than the appraised fair market value of the Site, Developer shall be solely responsible for determining and effectuating compliance with such laws, and City makes no representation as to the applicability or non-applicability of any of such laws to the Developer Improvements or any part thereof. Developer hereby expressly acknowledges and agrees that City has not previously affirmatively represented to Developer or its contractor(s) for the construction or development of the Developer Improvements, in writing or otherwise, in a call for bids or otherwise, that the work to be covered by this Agreement is not a “public work,” as defined in Section 1720 of the Labor Code. Developer hereby agrees that Developer shall have the obligation to provide any and all disclosures or identifications required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. Developer shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense and/or “increased costs” (including reasonable attorneys’ fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development, construction (as defined by applicable law) and/or operation of the Developer Improvements, including, without limitation, any and all public works (as defined by applicable law), results or arises in any way from any of the following: (1) the noncompliance by Developer of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state prevailing wages and to hire apprentices); (2) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (3) failure by Developer to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the parties that, in connection with the development and construction (as defined by applicable law) of the Developer Improvements, including, without limitation, any and all public works (as defined by applicable law), Developer shall bear all risks of payment or non-payment of prevailing wages and hiring of apprentices under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. “Increased costs,” as used in this Section 310.2, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the construction and development of the Developer Improvements by Developer.
311. Taxes and Assessments. Developer shall pay prior to delinquency all ad valorem real estate taxes and assessments on the Site incurred after the Closing. Developer shall remove or have removed any levy or attachment for any taxes and assessments incurred after the Closing, made on the Site, or any part thereof, or assure the satisfaction thereof within a reasonable time.
312. Release of Construction Covenants. Promptly after completion of the Developer Improvements in conformity with this Agreement, City shall furnish Developer 21 with the Release of Construction Covenants. City shall not unreasonably withhold, condition or delay such Release of Construction Covenants. The Release of Construction Covenants shall be a conclusive determination of satisfactory completion of the Developer Improvements and the Release of Construction Covenants shall so state. Any party then owning or thereafter purchasing, leasing or otherwise acquiring any interest in the Site shall not (because of such ownership, purchase, lease or acquisition) incur any obligation or liability under this Agreement except for those matters which constitute continuing obligations of Developer under the Site Grant Deed or otherwise under this Agreement. If City refuses or fails to furnish the Release of Construction Covenants for the Site after written request from Developer, City shall, within thirty (30) working days of such written request, provide Developer with a written statement setting forth the reasons City has refused or failed to furnish the Release of Construction Covenants for the Site. The statement shall also contain a list of the actions Developer must take to obtain a Release of Construction Covenants.
Such Release of Construction Covenants shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of any mortgage, or any insurer of a mortgage securing money loaned to finance the improvements, or any part thereof. Such Release of Construction Covenants is not a notice of completion as referred to in the California Civil Code, Section 3093. 400. COVENANTS AND RESTRICTIONS
401. Affordable Housing Covenant. If ten (10) or more residential units are developed on the Site, not less than fifteen percent (15%) of the total number of residential units developed on the Site shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of fifty-five (55) years for rental housing and forty-five (45) years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code. The provisions of this Section 401 shall be expressly included in the Site Grant Deed.
402. Maintenance Covenants. Developer covenants and agrees for itself, its successors and assigns and any successor in interest to the Site or part thereof to maintain the Site and all improvements thereon in compliance with all applicable provisions of the City Code.
403. Nondiscrimination Covenants. Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 22 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Site, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Site. The foregoing covenants shall run with the land.
Developer shall refrain from restricting the rental, sale or lease of the Site on any of the bases listed above in this Section 403. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
(a) In deeds. “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.”
(b) In leases. “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:
“That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.”
(c) In contracts. “There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of this Agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the 23 selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” 404. Effect of Violation of the Terms and Provisions of this Agreement. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided, without regard to whether City has been, remains or is an owner of any land or interest therein in the Site.
City shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled.
500. DEFAULTS, REMEDIES, AND TERMINATION
501. Default Remedies. Subject to the extensions of time set forth in Section 602 of this Agreement, failure by either party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and failure to cure as described hereafter, constitutes a “Default” under this Agreement. A party claiming a Default (the “Claimant”) shall give written notice to the other party specifying the alleged grounds for the Default (the “Default Notice”). Except as otherwise expressly provided in this Agreement, the Claimant shall not institute any proceeding against any other party and the other party shall not be in Default if such party within forty-five (45) days from receipt of the notice required by this Section 501 immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with diligence.
502. Institution of Legal Actions. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute an action at law or equity to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Los Angeles, State of California, in an appropriate municipal court in that county, or in the United States District Court for the Central District of California.
503. Termination by Developer. In the event that as of the time designated therefor in this Agreement (and if no time is described below, the time established in this Agreement for the satisfaction of the City’s Conditions Precedent):
503.1 Termination Prior to the Closing. In the event that prior to the Closing:
(a) Developer is not in default under this Agreement and Developer has not notified City that the condition of the Site is acceptable; or 24 (b) Developer is not in default under this Agreement and Developer shall not have approved (or been deemed to have approved) the Report and Exceptions; or (c) Developer is not in default under this Agreement and City does not execute the Site Grant Deed and attempt to effect the conveyance of the Site to Developer in the manner and condition and by the date provided in this Agreement; or (d) in the event of any default of City prior to the conveyance of the Site which is not cured within the time set forth in Section 501 hereof; and any such failure is not cured within the applicable time period after written demand by Developer, then this Agreement may, at the option of Developer, be terminated by Notice thereof to City. From the date of the Notice of termination of this Agreement by Developer to City and thereafter, and this Agreement shall be deemed terminated and there shall be no further rights or obligations among the parties except for any obligations which are expressly intended to survive the Closing or termination hereof.
504. Termination by City.
504.1 Termination Prior to the Closing. In the event that as of the time established therefor in this Agreement, but not later than the time established for the satisfaction of the City’s Conditions Precedent:
(a) Developer (or any successor in interest) assigns this Agreement or any rights therein or in the Site in violation of Section 625 of this Agreement; or (b) City has not received notification from Developer that the condition of the Site is satisfactory; or
(c) One of more of the City’s Conditions Precedent is not satisfied; or (d) Developer fails to execute the Site Grant Deed; or
(e) Developer is otherwise in default of this Agreement and fails to cure such default within the time set forth in Section 501 hereof; then this Agreement and any rights of Developer or any assignee or transferee with respect to or arising out of the Agreement or the Site (including without limitation all attachments to this Agreement), may, at the option of City, be terminated by City by Notice thereof to Developer. From the date of the Notice of termination of this Agreement by City to Developer and thereafter this Agreement (including without limitations all attachments hereto) shall be deemed terminated excepting that Developer shall have conveyed or caused to be conveyed to City (or a nominee designated by City for such purpose) the Site, unless Developer is otherwise instructed by the City Manager in writing that mentions this Section 504 and there shall be no further rights or obligations among the parties, except that City may pursue any remedies it has hereunder. 25 505. Reentry and Revesting of Title in City after the Closing and Prior to Completion of Construction. City has the right, at its election, to reenter and take possession of the Site, with all improvements thereon, and terminate and revest in City the estate conveyed to Developer if after the Closing and prior to the issuance of the Release of Construction Covenants, Developer (or its successors in interest) shall:
(a) subject to the extensions of time set forth in Section 602 of this Agreement, fail to start the construction of the Developer Improvements as required by this Agreement for a period of thirty (30) days after written notice thereof from City; or (b) subject to the extensions of time set forth in Section 602 of this Agreement, abandon or substantially suspend construction of the Developer Improvements required by this Agreement for a period of thirty (30) days after written notice thereof from City; (c) subject to the extensions of time set forth in Section 602 of this Agreement, fail to complete the Developer Improvements required by this Agreement within the time frame set forth in the Schedule of Performance; or
(d) transfer or suffer any involuntary transfer of the Site or any part thereof in violation of Section 625 of this Agreement.
Such right to reenter, terminate and revest shall be subject to and be limited by and shall not defeat, render invalid or limit: (i) any mortgage or deed of trust permitted by this Agreement; or (ii) any rights or interests provided in this Agreement for the protection of the holders of such mortgages or deeds of trust.
The Site Grant Deed shall contain appropriate reference and provision to give effect to City’s right as set forth in this Section 505, under specified circumstances prior to recordation of the Release of Construction Covenants, to reenter and take possession of the Site, with all improvements thereon, and to terminate and revest in City the estate conveyed to Developer. Upon the revesting in City of title to the Site as provided in this Section 505, City shall, pursuant to its responsibilities under state law, use its reasonable efforts to resell the Site as soon and in such manner as City shall find feasible, to a qualified and responsible party or parties (as determined by City) who will assume the obligation of making or completing the Developer Improvements, or such improvements in their stead as shall be satisfactory to City. Upon such resale of the Site, the net proceeds thereof after repayment of any mortgage or deed of trust encumbering the Site which is permitted by this Agreement, shall be applied:
(i) First, to reimburse City, on its own behalf or on behalf of City, all costs and expenses incurred by City, excluding City staff costs, but specifically, including, but not limited to, any expenditures by City in connection with the recapture, management and resale of the Site or part thereof (but less any income derived by City from the Site or part thereof in connection with such management); all taxes, assessments and water or sewer charges with respect to the Site or part thereof which Developer has not paid (or, in the event that the Site is exempt from taxation or assessment of such charges during the period of ownership thereof by City, an amount, if paid, equal to such taxes, assessments, or charges as would have been payable if the Site were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Site or part 26 thereof at the time of revesting of title thereto in City, or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of Developer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Developer Improvements or any part thereof; and any amounts otherwise owing City, and in the event additional proceeds are thereafter available, then (ii) Second, to reimburse Developer, its successor or transferee, up to the amount equal to the sum of (a) the costs incurred for the acquisition and development of the Site and for the improvements existing on the Site at the time of the reentry and possession, less (b) any gains or income withdrawn or made by Developer from the Site or the improvements thereon.
Any balance remaining after such reimbursements shall be retained by City as its property.
The rights established in this Section 505 are not intended to be exclusive of any other right, power or remedy, but each and every such right, power, and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy authorized herein or now or hereafter existing at law or in equity. These rights are to be interpreted in light of the fact that City will have conveyed the Site to Developer for economic development purposes, and not for speculation in undeveloped land.
506. Acceptance of Service of Process. In the event that any legal action is commenced by Developer against City, service of process on City shall be made by personal service upon the City Manager or in such other manner as may be provided by law. In the event that any legal action is commenced by City against Developer, service of process on Developer shall be made by personal service upon Developer or in such other manner as may be provided by law.
507. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the 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.
508. Inaction Not a Waiver of Default. Any failures or delays by either party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
509. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement.
600. GENERAL PROVISIONS
601. Notices, Demands and Communications between the Parties. Any approval, disapproval, demand, document or other notice (“Notice”) required or permitted under this Agreement must be in writing and shall be sufficiently given if delivered by hand 27 (and a receipt therefor is obtained or is refused to be given) or dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by telecopy or overnight delivery service to:
To City: City of Lancaster
44933 North Fern Avenue
Lancaster, California 93534
Attention: City Manager
To Developer: Diamond Development Partners, LLC
26306 Diamond Place, Suite, Suite 100
Santa Clarita, California 91531
Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section 601. 602. Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: third-party litigation challenging the validity of this transaction or any element thereof or the right of either party to engage in the acts and transactions contemplated by this Agreement; inability to secure necessary labor materials or tools; delays of any contractor, sub-contractor or supplier; or withdrawal of financing not caused by any act or omission of Developer; war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics and pandemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; unusually severe weather; acts or omissions of the other party; acts or failures to act of City or any other public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform.
Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within forty-five (45) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer. Notwithstanding any provision of this Agreement to the contrary, the lack of funding to complete the Developer Improvements shall not constitute valid grounds of enforced delay pursuant to this Section 602.
603. Non Liability of Officials and Employees of City. No member, official or employee of City shall be personally liable to Developer, or any successor in interest, in the event of any Default or breach by City or for any amount which may become due under the terms of this Agreement.
604. Relationship between Parties. It is hereby acknowledged that the relationship between the parties is not that of a partnership or joint venture and that no party shall be 28 deemed or construed for any purpose to be the agent of any other party. Accordingly, except as expressly provided herein or in the Exhibits hereto, City shall have no rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Site. Developer agrees to indemnify, hold harmless and defend City from any claim made against City arising from a claimed relationship of partnership or joint venture between City and Developer with respect to the development, operation, maintenance or management of the Site.
605. City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by City, the City Manager is authorized to act on behalf of City unless specifically provided otherwise or the context should require otherwise. 606. Commencement of City Review Period. The time periods set forth herein for City’s approval of agreements, plans, drawings, or other information submitted to City by Developer and for any other City consideration and approval hereunder which is contingent upon documentation required to be submitted by Developer shall only apply and commence upon Developer’s complete submittal of all the required information. In no event shall an incomplete submittal by Developer trigger any of City’s obligations of review and/or approval hereunder; provided, however, that City shall notify Developer of an incomplete submittal as soon as is practicable and in no event later than the applicable time set forth for City’s action on the particular item in question.
607. Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. This Agreement is executed in two (2) originals, each of which is deemed to be an original. 608. Integration. This Agreement contains the entire understanding between the parties relating to the transaction contemplated by this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. Each party is entering this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 609. [Intentionally Omitted.]
610. Real Estate Brokerage Commission.. Except only for the Approved Seller Broker Commission as described in Section 203 of this Agreement, Developer agrees to indemnify, defend, and hold harmless City and its officials, employees, agents and representatives from and against any real estate broker or finder’s commissions or fees or claims thereto alleged to be owed in connection with the Site, which may be the responsibility of Developer. The City shall pay the Approved Seller Broker Commission to Dennis Greer of Coldwell Banker Commercial A Hartwig Company in the amount of 6% of the purchase price in accordance with the Professional Services Agreement for Real Estate Broker Services executed on January 19, 2022.
29 611. Administration. This Agreement shall be administered and executed by City Manager, or his or her designated representative, following approval of this Agreement by City. City shall maintain authority of this Agreement through the City Manager (or his or her authorized representative). The City Manager shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of City so long as such actions do not substantially change the uses or development permitted on the Site, or add to the costs to City as specified herein as agreed to by the City Council, and such amendments may include extensions of time specified in the Schedule of Performance. All other waivers or amendments shall require the written consent of the City Council. 612. Amendments of Agreement. The parties agree to mutually consider reasonable requests for amendments to this Agreement. Developer shall be responsible for the costs incurred by City, including without limitation attorneys’ fees (the “Developer Costs”), in connection with any amendments to this Agreement which are requested by Developer (the “Developer Request”). Developer shall be responsible for payment of Developer Costs as provided in this Section 612 regardless of the outcome of Developer Request.
613. Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or of any of its terms. Reference to section numbers are to sections in this Agreement, unless expressly stated otherwise.
614. Interpretation. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be construed as if followed by the words “without limitation.” This Agreement shall be interpreted as though prepared jointly by the parties.
615. No Waiver. A waiver by any party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement.
616. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party.
617. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
30 618. Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day escrow opens) and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term “holiday” shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time. 619. Legal Advice. Each party represents and warrants to the other the following:
they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.
620. Time of Essence. Time is expressly made of the essence with respect to the performance of each and every obligation and condition of this Agreement. 621. Cooperation. Each party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements.
622. Conflicts of Interest. No member, official or employee of City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested.
623. Time for Acceptance of Agreement by City. This Agreement, when executed by Developer and delivered to City, must be authorized, executed and delivered by City within forty-five (45) days or this Agreement shall be void, except to the extent that the parties shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement.
624. Representations and Warranties.
624.1 Developer’s Representations and Warranties. Developer hereby makes the representations and warranties contained below in this Section 624.1. All of the representations and warranties set forth in this Section 624.1 are effective as of the Date of Agreement. All of the representations and warranties set forth in this Section 624.1 are made with the acknowledgment that they are material, and with the intention that City shall rely upon them as inducements to enter into this Agreement and to perform its obligations hereunder and to close the transactions contemplated 31 herein. The representations and warranties contained in this Section 624.1 shall each survive the execution of this Agreement without limitation as to time. (a)Authority. Developer has full right, power and lawful authority to undertake all obligations as provided herein.
(b)No Conflict. To the best of Developer’s knowledge, Developer’s execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Developer is a party or by which it is bound.
(c)No Bankruptcy. Developer is not the subject of a bankruptcy proceeding.
(d)Deliveries. To the best of Developer’s knowledge, all documents, instruments and other information delivered by Developer to City pursuant to this Agreement are true, correct and complete.
Each of the foregoing items (a) to (d), along with the representations set forth in Section 101.2 hereof, inclusive shall be deemed to be an ongoing representation and warranty. Developer shall advise City in writing if there is any change pertaining to any matters set forth or referenced in the foregoing items (a) to (d), along with the representations set forth in Section 101.2 hereof, inclusive. 624.2 City’s Representations and Warranties. City hereby makes the representations and warranties contained below in this Section 624.2. All of the representations and warranties set forth in this Section 624.2 are effective as of the Date of Agreement. All of the representations and warranties set forth in this Section 624.2 are made with the acknowledgment that they are material, and with the intention that Developer shall rely upon them as inducements to enter into this Agreement and to perform its obligations hereunder and to close the transactions contemplated herein. The representations and warranties contained in this Section 624.2 shall each survive the execution of this Agreement without limitation as to time.
(a)Authority. City has full right, power and lawful authority to undertake all obligations as provided herein.
(b)No Conflict. To the best of City’s knowledge, City’s execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which City is a party or by which it is bound. (c)Deliveries. To the best of City’s knowledge, all documents, instruments and other information delivered by City to Developer pursuant to this Agreement are true, correct and complete.
(d)Knowledge. City is not aware of any existing state or condition of the Site, including, but not limited to the presence of Hazardous Materials or toxic substances, that may preclude Developer from carrying out the Developer Improvements as contemplated in this Agreement.
32 Each of the foregoing items (a) to (d), along with the representations set forth in Section 101.1 hereof, inclusive shall be deemed to be an ongoing representation and warranty. City shall advise Developer in writing if there is any change pertaining to any matters set forth or referenced in the foregoing items (a) to (d), along with the representations set forth in Section 101.1 hereof, inclusive. 625. Transfers of Interest in Site or Agreement.
625.1 Prohibition. The qualifications and identity of Developer are of particular concern to City. It is because of those qualifications and identity that City has entered into this Agreement with Developer. For the period commencing upon the Date of Agreement and until the issuance of the Release of Construction Covenants, no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Agreement, nor shall Developer make any total or partial sale, grant, transfer, conveyance, assignment, subdivision or lease of the whole or any part of the Site or the Developer Improvements without prior written approval of City, which shall not be unreasonably withheld, conditioned or delayed, except as expressly set forth herein. 625.2 Permitted Transfers. Notwithstanding any other provision of this Agreement to the contrary, City approval of an assignment of this Agreement or conveyance of the Site or the Developer Improvements, or any part thereof, shall not be required in connection with any of the following:
(a) The conveyance or dedication of any portion of the Site to City or other appropriate governmental agency, or the granting of easements or permits necessary in order to facilitate construction of the Developer Improvements.
(b) Any transfer to an entity or entities in which Developer or the principals of Developer retains a minimum of fifty-one percent (51%) of the ownership or beneficial interest and retains management and control of the transferee entity or entities. 625.3 City Consideration of Requested Transfer. City agrees that it will not unreasonably withhold, condition or delay approval of a request made pursuant to this Section 625, provided Developer delivers written notice to City requesting such approval. Such notice shall be accompanied by sufficient evidence regarding the proposed assignee’s or purchaser’s development and/or operational qualifications and experience, and its financial commitments and resources, in sufficient detail to enable City to evaluate the proposed assignee or purchaser pursuant to the criteria set forth in this Section 625 and as reasonably determined by City. City shall evaluate each proposed transferee or assignee on the basis of its development and/or operational qualifications and experience and its financial commitments and resources, and may reasonably disapprove any proposed transferee or assignee, during the period for which this Section 625 applies, which City determines does not possess equal or better qualifications than Developer. An assignment and assumption agreement in a form satisfactory to City’s legal counsel shall also be required for all proposed assignments. Within thirty (30) days after the receipt of Developer’s written notice requesting City approval of an assignment or transfer pursuant to this Section 625, City shall either approve or disapprove such proposed assignment or shall respond in writing by stating what further information, if any, City requires in order to determine the request complete and determine whether or not to grant the requested 33 approval. Upon receipt of such a response, Developer shall promptly furnish to City such further information as may be reasonably requested.
625.4 Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon Developer and its permitted and/or approved successors and assigns.
Whenever the term “Developer” is used in this Agreement, such term shall include any other permitted and/or approved successors and assigns as herein provided. 625.5 Assignment by City. City may assign or transfer any of its rights or obligations under this Agreement at its sole discretion; provided, however, that no such assignment or transfer shall relieve the City or assignee of any of its obligations hereunder or adversely affect the enforceability of this Agreement or the construction of the Developer Improvements. [Signatures begin on next page.]
34 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written above.
CITY:
CITY OF LANCASTER, a charter city and
California municipal corporation
By:
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
DEVELOPER:
DIAMOND DEVELOPMENT PARTNERS LLC,
a Delaware Limited liability company
By:
Name: Dalila Haimoff
Its: Managing Member
A-1
EXHIBIT A
SCHEDULE OF PERFORMANCE
For the purposes of this Schedule of Performance, the “Date of Agreement” is ________, 2024.
The City Manager may extend by not more than three hundred sixty (360) days, as all such extensions are aggregated, the time under this Schedule of Performance by which any obligation of Developer shall be performed.
1. Satisfaction of City Conditions Precedent.
Developer shall satisfy the City Conditions
Precedent.
On or before eighteen (18) months following the
Date of Agreement, and in any event, prior to the
Closing.
2. Submittal for Land Use Approvals.
Developer submits to City for all land use
approvals required for the Developer
Improvements, including, if applicable,
any conditional use permits.
On or before six (6) months following the Date of
Agreement.
3. Opening of Escrow. Escrow opened as to
the Site.
Within ten (10) days after Developer submits to City
for all land use approvals required for the Developer
Improvements.
4. Developer Approval as to Title, Condition
of Site. Developer confirms in writing to
the City Manager that the condition of the
Site is acceptable.
Developer confirms in writing to the City
Manager that the condition of title is
acceptable.
On or before ninety (90) days following the Date of
Agreement, and in any event, before the Closing.
On or before sixty (60) days following Developer's
receipt of the Report, and in any event, before the
Closing.
5. Conditions Precedent are Satisfied. The
City’s Conditions precedent and the
Developer’s Conditions precedent are
satisfied.
On or before eighteen (18) months following the
Date of Agreement, and in any event, before the
Closing.
6. The Site Grant Deed is Recorded. The Site
Grant Deed is recorded.
Within thirty (30) days after the City’s Conditions
Precedent are satisfied and not later than the second
anniversary of the Date of Agreement.
7. Commencement of Construction. The
Developer shall have commenced
construction of the Developer
Improvements.
Within ninety (90) days after the Closing.
A-2
8. Completion of Construction. Developer
shall complete construction of the
Developer Improvements.
On or before two (2) years and six (6) months after
the Closing.
B-1
EXHIBIT B
SCOPE OF DEVELOPMENT
I. GENERAL DESCRIPTION
The Site is specifically delineated on the Site Map and the Site Legal Description.
II. DEVELOPMENT
The Developer shall construct a flex industrial condo project with warehousing, office at mezzanine level.
All such approvals, including without limitation, the payment of fees to governmental agencies required in connection therewith, shall constitute the “Developer Improvements.” The Developer shall be responsible for any demolition, grubbing, and grading as necessary to accomplish the construction of the Developer Improvements.
The Developer shall commence and complete the Developer Improvements by the respective times established therefor in the Schedule of Performance.
III. DEVELOPMENT STANDARDS
The Improvements shall conform to all applicable state laws and regulations and to local zoning, applicable provisions of the City Code and the following development standards:
A. General Requirements:
1. Vehicular Access. The placement of vehicular driveways shall be coordinated with the needs of proper street traffic flow as approved by City. In the interest of minimizing traffic congestion, City will control the number and location of curb breaks for access to the Site for off-street parking and truck loading. All access driveways shall require written approval of City staff.
2. Building Signs. Signs shall be limited in size, subdued and otherwise designed to contribute positively to the environment. Signs identifying the building use will be permitted, but their height, size, location, color, lighting and design will be subject to City staff approval, and signs must conform to the City Code.
3. Screening. All outdoor storage of materials or equipment shall be enclosed or screened to the extent and in the manner required by City staff.
4. Landscaping. The Developer shall provide and maintain landscaping within the Site, including the public rights-of-way and within setback area along all street frontages and conforming with the plans as hereafter approved by City. Landscaping shall consist of drought-tolerant landscaping and trees in keeping with the City’s architecture and design guidelines, as well as installation of an automatic irrigation system adequate to maintain such plant material. The type and B-2
size of trees to be planted, together with a landscaping plan, shall be subject to City staff approval prior to planting.
5. Utilities. All utilities on the Site shall be underground at Developer’s expense.
6. Building Design. Buildings shall be constructed such that the Developer Improvements shall be of high architectural quality, and shall be effectively and aesthetically designed and in conformance with City approvals.
7. Mitigation Measures. Mitigation measures approved in connection with the development of the Site under the California Environmental Quality Act (CEQA).
B. Design Features:
The following design features are considered essential components to the Improvements:
Security - The details of security will be reviewed upon submission of the detailed plans.
Overall Design Quality, Materials, Colors, Design Features - Quality of design is important, materials and colors are to be approved by City.
IV. DEMOLITION AND SOILS
The Developer assumes all responsibility for surface and subsurface conditions at the Site, and the suitability of the Site for the Improvements. The Developer has undertaken all investigation of the Site as it shall deem necessary and has not received or relied upon any representations of City, or its respective officers, agents and employees.
C-1
EXHIBIT C
SITE MAP
D-1
EXHIBIT D
SITE LEGAL DESCRIPTION
APN: 3126-009-978
Parcel 5 of Parcel Map 72015, in the City of Lancaster, County of Los Angeles, State of California, as per map recorded in Book 373, Pages 45-50 of Parcel Maps, in the office of the County Recorder of said County.
[SUBJECT TO CONFIRMATION BY TITLE REPORT]
E-1
EXHIBIT E
SITE GRANT DEED
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
[Space above for recorder.]
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged, the CITY OF LANCASTER, a charter city and California municipal corporation (the “Grantor”), hereby grants to DIAMOND DEVELOPMENT PARTNERS LLC, a Delaware limited liability company (the “Grantee”), the real property hereinafter referred to as the “Site,” described in Attachment No. 1 attached hereto and incorporated herein, subject to the existing easements, restrictions and covenants of record described there.
1. Grantor excepts and reserves from the conveyance herein described all interest of Grantor in oil, gas, hydrocarbon substances and minerals of every kind and character lying more than five hundred (500) feet below the surface, together with the right to drill into, through and to use and occupy all parts of the Site lying more than five hundred (500) feet below the surface thereof for any and all purposes incidental to the exploration for and production of oil, gas, hydrocarbon substances or minerals from said Site or other lands, but without, however, any right to use either the surface of the Site or any portion thereof within five hundred (500) feet of the surface for any purpose or purposes whatsoever, or to use the Site in such a manner as to create a disturbance to the use or enjoyment of the Site.
2. The Site is conveyed in accordance with and subject to the Disposition and Development Agreement entered into between Grantor and Grantee dated [DATE] (the “DDA”), a copy of which is on file with Grantor at its offices as a public record and which is incorporated herein by reference. All terms used herein shall have the same meaning as those used in the DDA
3. Grantor has the right, at its election, to reenter and take possession of the Site, with all improvements thereon, and terminate and revest in Grantor the estate conveyed to Grantee if after the Closing but prior to the issuance and recordation of the Release of Construction Covenants, Grantee (or its successors in interest) shall:
a. Subject to the extensions of time set forth in Section 602 of the DDE, fail to start the construction of the Developer Improvements as required by the DDA for a period of thirty (30) days after written notice thereof from City; or E-2
b. Subject to the extensions of time set forth in Section 602 of the DDA, abandon or substantially suspend construction of the Developer Improvements required by the DDA for a period of thirty (30) days after written notice thereof from City; or
c. Subject to the extensions of time set forth in Section 602 of the DDA, fail to complete construction of the Developer Improvements required by the DDA within the time frame set forth in the Schedule of Performance contained therein; or
d. Transfer or suffer any involuntary transfer of the Site or any part thereof in violation of Section 625 of the DDA.
Such right to reenter, terminate and revest shall be subject to and be limited by and shall not defeat, render invalid or limit: (i) any mortgage or deed of trust permitted by the DDA; or (ii) any rights or interests provided in the DDA for the protection of the holders of such mortgages or deeds of trust.
Upon the revesting in Grantor of title to the Site as provided in this Section 3, Grantor shall, pursuant to its responsibilities under state law, use its reasonable efforts to resell the Site for fair market value as soon and in such manner as Grantor shall find feasible to a qualified and responsible party or parties (as determined by Grantor) who will assume the obligation of making or completing the Developer Improvements, or such improvements in their stead as shall be satisfactory to Grantor. Upon such resale of the Site, the net proceeds thereof after repayment of any mortgage or deed of trust encumbering the Site which is permitted by this Agreement, shall be applied:
i. First, to reimburse Grantor all costs and expenses reasonably incurred by Grantor, excluding City staff costs, but specifically, including, but not limited to, any expenditures by Grantor in connection with the recapture, management and resale of the Site or part thereof (but less any income derived by Grantor from the Site or part thereof in connection with such management); all taxes, assessments and water or sewer charges with respect to the Site or part thereof which Grantee has not paid (or, in the event that Site is exempt from taxation or assessment of such charges during the period of ownership thereof by Grantor, an amount, if paid, equal to such taxes, assessments or charges as would have been payable if the Site were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Site or part thereof at the time of revesting of title thereto in Grantor, or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of Grantee, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the improvements or any part thereof on the Site, or part thereof; and any amounts otherwise owing Grantor, and in the event additional proceeds are thereafter available, then E-3
ii. Second, to reimburse Grantee, its successor or transferee, up to the amount equal to the sum of (a) the costs incurred for the acquisition and development of the Site and for the improvements existing on the Site at the time of the reentry and possession, less (b) any gains or income withdrawn or made by Grantee from the Site or the improvements thereon.
Any balance remaining after such reimbursements shall be retained by Grantor as its property. The rights established in this Section 3 are not intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy authorized herein or now or hereafter existing at law or in equity. These rights are to be interpreted in light of the fact that Grantor will have conveyed the Site to Grantee for economic development purposes, and not for speculation in undeveloped land.
4. Grantee covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Site, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Site. The foregoing covenants shall run with the land.
Grantee shall refrain from restricting the rental, sale or lease of the Site on any of the bases listed above in this Section 4. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
(a) In deeds. “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.”
(b) In leases. “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:
“That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of E-4
Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.”
(c) In contracts. “There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of this Agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.”
5. If ten (10) or more residential units are developed on the Property, not less than fifteen percent (15%) of the total number of residential units developed on the Property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower-income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower-income households for a period of fifty-five (55) years for rental housing and forty-five (45) years for ownership housing. The initial occupants of all ownership units shall be lower-income households, and the units shall be subject to an equity-sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in- interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.
GRANTOR:
CITY OF LANCASTER, a charter city and
California municipal corporation
By:
Its:
GRANTEE:
DIAMOND DEVELOPMENT PARTNERS LLC,
a Delaware limited liability company
E-5
By:
Its:
Attachment No. 1 to Exhibit E-1
ATTACHMENT NO. 1
SITE LEGAL DESCRIPTION
APN: 3126-009-978
Parcel 5 of Parcel Map 72015, in the City of Lancaster, County of Los Angeles, State of California, as per map recorded in Book 373, Pages 45-50 of Parcel Maps, in the office of the County Recorder of said County. [SUBJECT TO CONFIRMATION BY TITLE REPORT]
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On _________________________________, before me, ______________________________________, Notary Public, (Print Name of Notary Public)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
________________________________________________
Title(s)
________________________________________________
Title Or Type Of Document
________________________________________________
Number Of Pages
________________________________________________
Date Of Documents
Partner(s) Limited General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:______________________________________
Signer is representing:
Name Of Person(s) Or Entity(ies)
________________________________________________
________________________________________________
________________________________________________
Signer(s) Other Than Named Above
F-1
EXHIBIT F
RELEASE OF CONSTRUCTION COVENANTS
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
[Space above for recorder.]
RELEASE OF CONSTRUCTION COVENANTS
THIS RELEASE OF CONSTRUCTION COVENANTS (the “Release”) is made by the CITY OF LANCASTER, a charter city and California municipal corporation (“City”), in favor of DIAMOND DEVEOPMENT PARTNERS LLC, a Delaware limited liability company (“Developer”), as of the date set forth below.
R E C I T A L S
A. City and Developer have entered into that certain Disposition and Development Agreement (the “DDA”) dated [DATE], concerning the redevelopment of certain real property situated in the City of Lancaster, California as more fully described in Attachment No. 1 attached hereto and made a part hereof. All capitalized terms utilized herein and not otherwise defined shall have the same meaning as set forth in the DDA.
B. As referenced in Section 412 of the DDA, City is required to furnish Developer or its successors with a Release of Construction Covenants upon completion of construction of the Developer Improvements which Release is required to be in such form as to permit it to be recorded in the Recorder’s Office of Los Angeles County. This Release is conclusive determination of satisfactory completion of the construction and development required by the DDA.
C. City has conclusively determined that such construction and development has been satisfactorily completed.
NOW, THEREFORE, City hereby certifies as follows:
1. The Developer Improvements to be constructed by Developer have been fully and satisfactorily completed in conformance with the DDA. All covenants relating to operating requirements, and use, maintenance and nondiscrimination covenants contained in the DDA shall remain in effect and enforceable according to their terms.
2. Nothing contained in this instrument shall modify in any other way any other provisions of the DDA.
F-2
IN WITNESS WHEREOF, City has executed this Release this day of ____________________, 202__.
CITY:
CITY OF LANCASTER, a charter city and
California municipal corporation
By:
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Attachment No. 1 to Exhibit F-1
ATTACHMENT NO. 1
SITE LEGAL DESCRIPTION
APN: 3126-009-978
Parcel 5 of Parcel Map 72015, in the City of Lancaster, County of Los Angeles, State of California, as per map recorded in Book 373, Pages 45-50 of Parcel Maps, in the office of the County Recorder of said County. [SUBJECT TO CONFIRMATION BY TITLE REPORT]
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On _________________________________, before me, ______________________________________, Notary Public, (Print Name of Notary Public)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
________________________________________________
Title(s)
________________________________________________
Title Or Type Of Document
________________________________________________
Number Of Pages
________________________________________________
Date Of Documents
Partner(s) Limited General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:______________________________________
Signer is representing:
Name Of Person(s) Or Entity(ies)
________________________________________________
________________________________________________
________________________________________________
Signer(s) Other Than Named Above
STAFF REPORT
City of Lancaster
CC 6
2/27/2024
JC
Date: February 27, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Nicholas Godin, Assistant Director – PW City Engineering Subject: Acceptance of Public Works Construction Project No. 22-004 - 2022 Summer Pavement Management Program
Recommendation:
Accept the work constructed by C.A. Rasmussen Inc., for Public Works Construction Project No. 22-004 – 2022 Summer Pavement Management Program and direct the City Clerk to file the Notice of Completion for the project. Retention on this project shall be disbursed in accordance with California Public Contract Code Section 22038(b).
Fiscal Impact:
$8,390,823.38 (including 10% contingency) was awarded based on the original contract. There were eight (8) Contract Change Orders for this project totaling ($115,279.17), which brought the contract cost from $7,628,021.25 to $7,512,742.08. Sufficient funds were available in Capital Improvements Budget Account numbers CP12ST048.CONST, GL Accounts 22049900.8000, 23049900.8000, and 53049900.8000.
Background:
The proposed project was the ninth project funded, in part, with road bond funds in addition to Proposition C funds and CalRecycle funds. The proposed project included approximately 11.5 lane-miles of roadway repair and rehabilitation in the following project areas: (1) Division Street from Avenue I to Avenue J, and (2) 20th Street West from Avenue K to Avenue L.
As part of this project, bike lanes were striped at five (5) intersections that did do not have the capacity to detect bicycles. In order to provide the safest and most efficient user experience to the cyclists, it was important that the City upgrade the video detection systems at these intersections.
On February 22, 2022, City Council approved a Sole Source/Standardization Purchase Request of Iteris Next Video Detection Systems for use at these intersections in the amount of $141,382.40.
On September 29, 2021, City staff submitted an application to CalRecycle for the award of grant 1 5
3 9
funds under the Rubberized Pavement Grant Program for Fiscal Year 2021-2022. On December 16, 2021, City staff was notified by CalRecycle that the funding was approved for the Rubberized Pavement Grant Program.
Per Section 2.2 of the Existing Community Workforce Agreement (“CWA”), this project was subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions (“CWA”). The PWCP 22-004 contract documents were prepared, and the project was advertised accordingly. Per Section 2.6(b) of the CWA, Letters of Assent were submitted by the Contractor and each of its subcontractors, of whatever tier, forty-eight (48) hours prior to commencement of work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurred later.
Construction of the project has been completed to the satisfaction of the Director of Public Works.
The project was substantially completed on November 7, 2022, which was within the time permitted by the contract. The construction quantities and the amount of payment have been approved by the Contractor and the Director of Public Works.
The total contract cost is $7,512,742.08.
ML:AK/km
Attachment:
Notice of Completion
RECORDING REQUESTED BY:
CITY OF LANCASTER
WHEN RECORDED MAIL TO:
CITY OF LANCASTER
CITY CLERK DEPARTMENT
44933 N. FERN AVENUE
LANCASTER, CA 93534
SPACE ABOVE THIS LINE FOR RECORDER'S USE
This document is exempt from payment of a recording fee pursuant to government Code Section 6103 and 27383.
NOTICE OF COMPLETION OF
PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN:
1. The City of Lancaster, Los Angeles County, State of California, is the owner on file of a certain public improvement known as:
Public Works Construction Project No. 22-004 2022 Summer Pavement Management Program
2. The address of said owner is 44933 North Fern Avenue, Lancaster, California 93534.
3. The location of said public improvement is as follows: PWCP 22-004 2022 Summer Pavement Management Program.
See Exhibit ‘A’ attached hereto and made a part hereof.
4. On March 8, 2022, a contract was entered into with C.A. Rasmussen, Inc., for the construction, installation, and completion of the above described public improvement and work, and filed for record in the office of the City Clerk of the City of Lancaster.
5. The work was completed on November 7, 2022, by said company according to the plans and specifications and to the satisfaction of the Director of Public Works and was accepted by the City on February 27, 2024. That upon said contract Liberty Mutual Insurance Company was surety for the bond given by the said company as required by law.
ATTEST:
ANDREA ALEXANDER
City Clerk
City of Lancaster
DATED this _____ day of _____________, 20__
CITY OF LANCASTER
BY:
MARISSA DIAZ
Director – Public Works
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
DATE SIGNATURE
PLACE OF EXECUTION
‘EXHIBIT A’
Public Works Construction Project No. 22-004
2022 Summer Pavement Management Program
STAFF REPORT
City of Lancaster
CC 7
2/27/2024
JC
Date: February 27, 2024
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Nicholas Godin, Assistant Director – PW City Engineering Subject: Vacation of the Public Road Easement located on 35th Street West, North of Avenue M-4, as Shown on Tract Map No. 45007, Filed in Book 1110, Pages 17 through 26 of Official Records
Recommendation:
Adopt Resolution No. , declaring its intention to vacate the public Road Easement as dedicated and shown on Tract Map No. 45007, filed in Book 1110, pages 17 through 26 of Official Records, and located on 35th Street West, north of Avenue M-4, in the City of Lancaster, County of Los Angeles, State of California.
Fiscal Impact:
None.
Background:
Said public Road Easement was dedicated to the City on July 7, 1988. City staff recommends to vacate the public Road Easement to prevent illegal passage and trespassing in the abutting neighborhood and private property fences. Said public road easement is no longer needed and has been determined to serve no foreseeable use.
On January 25, 2024, the City sent notifications to provide opportunity to all utility agencies that would like to reserve easements for any existing or planned utilities within the proposed area to be vacated.
In order to proceed with vacation of this public road right-of-way, staff recommend that the Council meeting on March 12, 2024, be set as the date for the Public Hearing.
SC:EW/km
Attachments:
Resolution No.
1 5
3 8
Exhibit A: Legal Description
Exhibit B: Plat Map
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, DECLARING ITS INTENTION
TO VACATE THE PUBLIC ROAD EASEMENT AS
DEDICATED ON TRACT MAP NO. 45007, FILED IN BOOK
1110, PAGES 17 THROUGH 26 OF OFFICIAL RECORDS,
LOCATED ON 35 TH STREET WEST, NORTH OF AVENUE
M-4, IN THE CITY OF LANCASTER, COUNTY OF LOS
ANGELES STATE OF CALIFORNIA
WHEREAS, the City of Lancaster is holder of the road easement rights dedicated on Tract Map No. 45007, filed in Book 1110, pages 17 through 26 of Official Records and recorded on July 7, 1988, in the office of the recorder of the County of Los Angeles, State of California; and WHEREAS, the existing public road easement is no longer needed; and WHEREAS, the City does not have planned developments within the area to be vacated.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Lancaster, State of California, that:
Section 1. The public interest, convenience, and necessity so requiring, it is the intention of the City Council of the City of Lancaster to vacate the public road easement in accordance with Section 8300 et seq. of the Streets and Highways Code of the State of California and Section 5400 of the California Health & Safety Code.
Section 2. The City Council does hereby declare its intention to vacate that certain public road easement as described in Exhibit A and shown on Exhibit B.
Section 3. Said vacation have been duly recommended for approval as substantiated that the road easement has not been used for its intended purposes and as proposed to prevent illegal passage and trespassing within the abutting neighborhood and private property fences.
Section 4. The 12 th day of March 2024, at the hour of 5:00 p.m. in the Council Chambers at Lancaster City Hall, 44933 Fern Avenue, Lancaster, California 93534, is hereby designated as the date, time, and place at which a public hearing will be held before the Lancaster City Council to discuss the proposed vacation. At that time, all persons with interest in or objection to the proposed vacations, may appear and be heard.
Section 5. The City Clerk is hereby authorized and directed to post notices of said proposed vacation conspicuously near the road easement proposed to be vacated at least two weeks prior to the date of said hearing. Such notices shall be prepared and posted pursuant to Section 8323 of the Streets and Highways Code of the State of California. Further, the City Clerk shall notice the meeting and hearing in accordance with Section 8322 of the Streets and Highways Code of the State of California.
Resolution No.