Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 80374 EXT WARRANTY, TASER 7 BATTERY PACK 99 09/01/2024 01/31/2025 A la Carte 80395 EXT WARRANTY, TASER 7 HANDLE 85 09/01/2024 01/31/2025 A la Carte 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 09/01/2024 01/31/2025 Officer Safety Plan 10, 10YR 100704 EXT WARRANTY, TASER 10 HANDLE 85 01/01/2025 01/31/2034 Officer Safety Plan 10, 10YR 100704 EXT WARRANTY, TASER 10 HANDLE 2 01/01/2025 01/31/2034 Officer Safety Plan 10, 10YR 80374 EXT WARRANTY, TASER 7 BATTERY PACK 85 01/01/2025 01/31/2034 Officer Safety Plan 10, 10YR 80374 EXT WARRANTY, TASER 7 BATTERY PACK 15 01/01/2025 01/31/2034 Officer Safety Plan 10, 10YR 80374 EXT WARRANTY, TASER 7 BATTERY PACK 2 01/01/2025 01/31/2034 Officer Safety Plan 10, 10YR 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 01/01/2025 01/31/2034 Officer Safety Plan 10, 10YR 80464 EXT WARRANTY, CAMERA (TAP) 85 01/01/2025 01/31/2034 Officer Safety Plan 10, 10YR 80464 EXT WARRANTY, CAMERA (TAP) 2 01/01/2025 01/31/2034 Officer Safety Plan 10, 10YR 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 11 01/01/2025 01/31/2034
Payment Details
Sep 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Gap Coverage/Transfer
Credit/True Ups 100552 TRANSFER CREDIT - GOODS 1 $60,930.64 $5,026.78 $65,957.42 Gap Coverage/Transfer
Credit/True Ups 100844 BUNDLE - TRUE UP - TASER 10 BASIC BUNDLE 83 $0.00 $0.00 $0.00 Gap Coverage/Transfer
Credit/True Ups 73682 AUTO TAGGING LICENSE 81 $0.00 $0.00 $0.00 Gap Coverage/Transfer
Credit/True Ups 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 87 $0.00 $0.00 $0.00 Gap Coverage/Transfer
Credit/True Ups 80374 EXT WARRANTY, TASER 7 BATTERY PACK 99 $0.00 $0.00 $0.00 Gap Coverage/Transfer
Credit/True Ups 80395 EXT WARRANTY, TASER 7 HANDLE 85 $0.00 $0.00 $0.00 Gap Coverage/Transfer
Credit/True Ups 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 $0.00 $0.00 $0.00 Gap Coverage/Transfer
Credit/True Ups ProLicense Pro License Bundle 87 $0.00 $0.00 $0.00 Total $60,930.64 $5,026.78 $65,957.42
Oct 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment H00001 AB4 Camera Bundle 80 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Jan 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1 73682 AUTO TAGGING LICENSE 85 $7,525.37 $0.00 $7,525.37 Annual Payment 1 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00 Annual Payment 1 H00001 AB4 Camera Bundle 80 $0.00 $0.00 $0.00 Annual Payment 1 H00001 AB4 Camera Bundle 5 $0.00 $0.00 $0.00 Annual Payment 1 H00002 AB4 Multi Bay Dock Bundle 11 $0.00 $0.00 $0.00 Annual Payment 1 H00004 AB4 FLEX POV HARDWARE BUNDLE 20 $0.00 $0.00 $0.00 Annual Payment 1 OSP1010yr Officer Safety Plan 10, 10YR 85 $129,401.78 $4,998.40 $134,400.18 Annual Payment 1 ProLicense Pro License Bundle 10 $3,802.90 $0.00 $3,802.90 Total $140,730.05 $4,998.40 $145,728.45
Feb 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment OSP1010yr Officer Safety Plan 10, 10YR 85 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Jan 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 2 73682 AUTO TAGGING LICENSE 85 $11,517.18 $0.00 $11,517.18 Annual Payment 2 OSP1010yr Officer Safety Plan 10, 10YR 85 $198,042.66 $7,649.76 $205,692.42 Annual Payment 2 ProLicense Pro License Bundle 10 $5,820.13 $0.00 $5,820.13 Total $215,379.97 $7,649.76 $223,029.73
Jan 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 3 73682 AUTO TAGGING LICENSE 85 $11,517.18 $0.00 $11,517.18 Annual Payment 3 OSP1010yr Officer Safety Plan 10, 10YR 85 $198,042.66 $7,649.76 $205,692.42 Annual Payment 3 ProLicense Pro License Bundle 10 $5,820.13 $0.00 $5,820.13 Total $215,379.97 $7,649.76 $223,029.73
Jan 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 4 73682 AUTO TAGGING LICENSE 85 $11,517.18 $0.00 $11,517.18 Annual Payment 4 OSP1010yr Officer Safety Plan 10, 10YR 85 $198,042.66 $7,649.76 $205,692.42 Annual Payment 4 ProLicense Pro License Bundle 10 $5,820.13 $0.00 $5,820.13 Total $215,379.97 $7,649.76 $223,029.73
Jan 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 5 73682 AUTO TAGGING LICENSE 85 $11,517.18 $0.00 $11,517.18 Annual Payment 5 OSP1010yr Officer Safety Plan 10, 10YR 85 $198,042.66 $7,649.76 $205,692.42 Annual Payment 5 ProLicense Pro License Bundle 10 $5,820.13 $0.00 $5,820.13 Total $215,379.97 $7,649.76 $223,029.73
Jan 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 6 73682 AUTO TAGGING LICENSE 85 $11,517.18 $0.00 $11,517.18 Annual Payment 6 OSP1010yr Officer Safety Plan 10, 10YR 85 $198,042.66 $7,649.76 $205,692.42 Annual Payment 6 ProLicense Pro License Bundle 10 $5,820.13 $0.00 $5,820.13 Total $215,379.97 $7,649.76 $223,029.73
Jan 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 7 73682 AUTO TAGGING LICENSE 85 $11,517.18 $0.00 $11,517.18 Annual Payment 7 OSP1010yr Officer Safety Plan 10, 10YR 85 $198,042.66 $7,649.76 $205,692.42 Annual Payment 7 ProLicense Pro License Bundle 10 $5,820.13 $0.00 $5,820.13 Total $215,379.97 $7,649.76 $223,029.73
Jan 2031
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 8 73682 AUTO TAGGING LICENSE 85 $11,517.18 $0.00 $11,517.18
Jan 2031
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 8 OSP1010yr Officer Safety Plan 10, 10YR 85 $198,042.66 $7,649.76 $205,692.42 Annual Payment 8 ProLicense Pro License Bundle 10 $5,820.13 $0.00 $5,820.13 Total $215,379.97 $7,649.76 $223,029.73
Jan 2032
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 9 73682 AUTO TAGGING LICENSE 85 $11,517.18 $0.00 $11,517.18 Annual Payment 9 OSP1010yr Officer Safety Plan 10, 10YR 85 $198,042.66 $7,649.76 $205,692.42 Annual Payment 9 ProLicense Pro License Bundle 10 $5,820.13 $0.00 $5,820.13 Total $215,379.97 $7,649.76 $223,029.73
Jan 2033
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 10 73682 AUTO TAGGING LICENSE 85 $11,517.19 $0.00 $11,517.19 Annual Payment 10 OSP1010yr Officer Safety Plan 10, 10YR 85 $198,042.94 $7,649.76 $205,692.70 Annual Payment 10 ProLicense Pro License Bundle 10 $5,820.16 $0.00 $5,820.16 Total $215,380.29 $7,649.76 $223,030.05
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
TASER 10:
If Agency is purchasing TASER 10 or cartridges, the Agency agrees to the following:
1. Agency Warranty. If Agency is located in the US, Agency warrants and acknowledges that TASER 10 is classified as a firearm and is being acquired for official Agency use pursuant to a law enforcement agency transfer under the Gun Control Act of 1968.
2. Purchase Order. To comply with applicable laws and regulations, Customer must provide a purchase order to Axon prior to shipment of TASER 10.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency
for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
Exceptions to Standard Terms and Conditions
Agency has existing contracts #00060368 and #00059585 (originated via Q-317964 and Q-317466) and is terminating that contract upon the new license start date (10/1/2023) of this quote.
The parties agree that Axon is charging a debit of $60,930.64 to capture remaining value of TAP. This debit is based on a ship date range of 9/1/2023 - 9/15/2023, resulting in a 10/1/2023 license date. Any change in this date and resulting license start date will result in modification of this value which may result in additional fees due to or from Axon.
This credit is contingent upon agency payment of any outstanding invoices including and not limited to Year 4 invoices of contracts #00060368 and #00059585 \s1\ \d1\
Signature Date Signed
6/5/2023
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A TEN-YEAR MASTER SERVICES AND
PURCHASING AGREEMENT WITH AXON ENTERPRISE, INC., OF
SCOTTSDALE, ARIZONA, FOR BODY-WORN CAMERAS, TASER DEVICES,
SUBSCRIPTION, MAINTENANCE, AND LICENSING
========================================================================
WHEREAS, Axon Enterprise, Inc., has provided Taser energy weapons and cloud-based evidence management software to law enforcement agencies since 1993. Axon is a sole-source manufacturer of Tasers; and
WHEREAS, body-worn cameras are critical to officers and communities who seek improved accountability and transparency while offering additional evidence for completing crime reports and investigating complaints of police misconduct; and
WHEREAS, providing the City’s officers with new and updated equipment every five years will increase the safety and security of the officers and the community; and
WHEREAS, the Master Services and Purchasing Agreement will give all of the City’s officers new body-worn cameras, Tasers, cartridges, training, repairs, and replacements.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a ten- year Master Services and Purchasing Agreement with Axon Enterprise, Inc., of Scottsdale, Arizona, for body cameras, Taser devices, subscription, maintenance, and licensing, in an amount not to exceed $2,218,953.76; and
BE IT FURTHER RESOLVED that 2023/24 purchas e costs and future expenditures appropriate to Miscellaneous Professional Services – 10031004.72450; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019- 223), the Interim City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: August 16, 2023
========================================================================
I hereby certify that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held on August 16, 2023, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
PAMELA M. FARRIS
Assistant City Clerk
2023-____
AGENDA ITEM C-11
COUNCIL COMMUNICATION
APPRO
VED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt a Resolution Authorizing City Manager to Execute an Agreement for Automatic/Mutual Aid Between the City of Lodi and Woodbridge Fire District MEET
ING DATE: August 16,2023
PRE
PARED BY: Fire Chief
RECO
MMENDED ACTION: Adopt a resolution authorizing City Manager to execute an agreement for automatic/mutual aid between the City of Lodi and Woodbridge Fire District.
BA
CKGROUND INFORMATION: The purpose of the agreement is to provide mutual assistance to the parties for control of fire, fire prevention, emergency medical services, hazardous materials control, technical rescue incidents, including but not limited to, confined space rescues, structural collapse, transportation emergencies, tower rescues, trench rescues, high and low angle rescues, and water rescues and/or emergency support in the event of a major fire disaster or emergency.
As
a participating member of this automatic/mutual aid agreement, the City of Lodi Fire Department (LFD) will receive assistance from Woodbridge Fire District (WFD) when necessary and WFD will receive assistance from LFD when needed.
Thi
s agreement would remain in full force until terminated by either party in accordance to the agreement.
STR
ATEGIC VISION:
7D. Public Safety: Consider strategic regional partnerships with surrounding agencies to enhance fire and emergency response services.
FI
SCAL IMPACT: There is no fiscal impact; the mutual advantages and protections afforded by this agreement are considered adequate compensation to each party.
FUNDI
NG AVAILABLE: NA
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
Ken J ohnson
Fire Chief
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT FOR AUTOMATIC/MUTUAL
AID BETWEEN CITY OF LODI AND WOODBRIDGE FIRE DISTRICT
========================================================================
WHEREAS, the purpose of the agreement is to provide mutual assistance to the parties for control of fire, fire prevention, emergency medical services, hazardous materials control, technical rescue incidents, including but not limited to, confined space rescues, structural collapse, transportation emergencies, tower rescues, trench rescues, high and low angle rescues, and water rescues and/or emergency support in the event of a major fire disaster or emergency; and
WHEREAS, as a participating member of this automatic/mutual aid agreement, the City of Lodi Fire Department (LFD) will receive assistance from Woodbridge Fire District (WFD) when necessary and WFD will receive assistance from LFD when needed; and
WHEREAS, this agreement would remain in full force until terminated by either party in accordance to the agreement; and
WHEREAS, staff recommends authorizing the City Manager to execute an agreement for automatic/mutual aid between City of Lodi and Woodbridge Fire District.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an agreement for automatic/mutual aid between the City of Lodi and Woodbridge Fire District; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: August 16, 2023
========================================================================
I hereby certify that Resolution No. 202 3-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 16, 2023 by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
PAMELA M. FARRIS
Assistant City Clerk
2023-____
AGENDA ITEM C-12
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt a Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding with the Housing Authority of the County of San Joaquin and a Disposition and Development Agreement with Delta Community Developers Corp., a Housing Authority Nonprofit Affiliate and Any Other Associated Documents in a Form Acceptable to the City Attorney to Transfer Title of City Asset to the to Develop 108 Units of Senior Affordable Housing Adjacent to Salas Park at the Century Boulevard Right-Of-Way.
MEETING DATE: August 16, 2023
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to enter into a Memorandum of Understanding with the Housing Authority of the County of San Joaquin and a Disposition and
Development Agreement with Delta Community Developers Corp ., a Housing Authority nonprofit affiliate and any other associated documents in a form acceptable to the City Attorney to transfer title of City asset to develop 108 units of senior affordable housing adjacent to Salas Park at the Century Boulevard right-of-way.
BACKGROUND INFORMATION: On November 4, 2020, the City Council adopted the San Joaquin Community Response to Homelessness – 2020
San Joaquin Strategic Plan (Strategic Plan). The Strategic Plan includes goals and strategies developed from community feedback, which includes increasing access and reducing barriers to homeless crisis response services and ensure households experiencing homelessness have access to affordable housing.
With the Access Center Project moving forward and the Temporary Access Center currently open for operation, the need for affordable housing in Lodi is even more apparent.
Lodi Senior Housing at Salas Park will be a collaboration between the Housing Authority of the County of San Joaquin ( HACSJ) and the City of Lodi (City). The Development will consist of two phases totaling approximately 108 units of Senior Housing the Development site is currently owned by the City and consists of approximately three acres adjacent to Salas Park (Site). The first phase of the Development will consist of fifty -four (54) units of affordable housing fo r seniors at or below fifty percent of Area Median Income in San Joaquin County (Very Low-Income Seniors) with ten units designated for homeless seniors. The Housing Authority has applied for Homeless Housing Assistance and Prevention funding towards the construction of these ten (10) units. The second phase will include the remaining fifty-four (54) units.
The memorandum drafted outlines a process for transfer of the Site to a HACSJ nonprofit affiliate, in a manner that will maximize the use of the Cit y’s land and avoid unnecessary costs that would Adopt Resolution for Salas Park Transfer to HACSJ
August 16, 2023
negatively affect the financial feasibility of the Development to keep it affordable to Very Low-Income Seniors.
The Development on the Site will be restricted to charging affordable rent to Very Low -Income Seniors for approximately fifty-five years.
This detail of the proposed project are as follows:
• The Development is expected to consist of factory-built housing units subject to the State and Local building codes.
• The City would have long -term assurance of 108 affordable units for Very Low -Income Seniors. This would be accomplished by: (1) a City deed restriction, either in the grant deed or a separate recorded regulatory agreement that requires 49% of the units to be affordable to Very Low-Income Seniors for 55 years and requires compliance with any other restrictions on the property; and (2) a California Tax Credit Allocation Committee (“TCAC”) regulatory agreement recorded against the property restricting occupancy of all the units to Very Low - Income Seniors at affordable rents 55 years after the Development is completed. • The Site will be appraised at both: (1) its highest and best use; and (2) its fair market value after the Site is restricted to charging rents affordable to Very Low -Income Seniors. This restriction on the Site will create a considerable difference between the highest and best use value and the restricted rent fair market value. Often, the restricted rent fair market value is five percent of the highest and best use value. For instance, if a property’s highest and best use value is $500,000, the restricted rent fair market value might be $25,000. The $475,000 of decreased value is recognized by funding agencies as a City financial contribution to the Development and reduces the housing development cost. This would make the Development more likely to succeed in the competition for funding from State and Federal funding sources. • The City will sell the land to Delta Community Developers Corp., a Housing Authority nonprofit affiliate (“DCDC”), for the purchase price of the restricted fair market value. The City will receive a promissory note in the amount equal to the purchase price at .01% simple interest with the principal amount due and payable at the end of the 55-year term. The loan can be secured by a deed of trust, and DCDC will indemnify the City of liability that may arise because of the loan.
• DCDC will lease the land to a single purpose entity to own the improvements at a capitalized rent equal to the amount and terms of the City’s loan.
• The Housing Authority, or its affiliate, must demonstrate their right to acquire the Site in order to apply for the necessary funding in addition to the City’s land. HACSJ will draft the Disposition and Development Agreemen t that will meet the requirements of the potential funding agencies and provide it to the City for review.
Staff recommends City Council adopt a resolution authorizing the City Manager to enter into a Memorandum of Understanding with the Housing Authority of the County of San Joaquin and a Disposition and Development Agreement with Delta Community Developers Corp., a Housing Authority nonprofit affiliate and any other associated documents in a form acceptable to the City Attorney to transfer title of City asset to develop 108 units of senior affordable housing adjacent to Salas Park at the Century Blvd right-of-way.
STRATEGIC PRIORITY ADDRESSED: Strategic Milestone s 4-C, ensure continued progress towards the Regional Housing Needs Allocation and 4-
E adopt standards and policies to promote housing for
all economic levels.
Adopt Resolution for Salas Park Transfer to HACSJ
August 16, 2023
FISCAL IMPACT: Not Applicable, HACSJ will secure grant resources and tax credits to support the project. The City will be
providing the Site as an equity stake in the project.
FUNDING AVAILABLE: Not Applicable
______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_____________________________________
John R. Della Monica, Jr.
Community Development Director
Attachments:
1. HACSJ Memorandum of Understanding
2. Disposition and Development Agreement
3. Exhibit A Legal Description of the Property
4. Exhibit B Form of Affordable Housing Covenant
5. Exhibit C Deed of Trust
6. Exhibit D Development Schedule
7. Exhibit E Promissory Note
8. Exhibit F Century Blvd. right-of way appraisal
9. Exhibit G Insurance Requirements
2048\12\3532075.1
June 5, 2023
memorandum
To
Peter Ragsdale
From
M David Kroot
RE
Salas Park—Lodi Senior Housing
Lodi Senior Housing at Salas Park (“Development”) is a collaboration between the Housing Authority of the County of San Joaquin (“Housing Authority”) and the City of Lodi (“City”). The Development will consist of two phases totaling approximately one- hundred and eight (108) units of Senior Housing. The Development site is owned by the City and consists of three (3) acres adjacent to Salas Park (the “Site”). The first phase of the Development will consist of fifty-four (54) units of affordable housing for seniors at or below fifty percent (50%) of Area Median Income in San Joaquin County (“Very Low-Income Seniors”) with ten (10) units designated for homeless seniors. The Housing Authority has applied for Homeless Housing Assistance and Prevention (“HHAP”) funding towards the construction of these ten (10) units. The second phase will include the remaining fifty-four (54) units.
This memorandum outlines a process for transfer of the Site to a Housing Authority nonprofit affiliate, in a manner that will maximize the use of the City’s land and avoid unnecessary costs that would negatively affect the financial feasibility of the Development to keep it affordable to Very Low-Income Seniors.
The Development on the Site will be restricted to charging affordable rent to Very Low- Income Seniors for approximately fifty-five (55) years.
The details of the proposal are as follows:
• The Development is expected to consist of factory-built housing units subject to the State and Local building codes. (They will not be manufactured homes or mobile homes subject to regulation by the California Department of Housing and Community Development or the Mobile home Park Act.)
• The City would have long-term assurance of one-hundred and eight (108) affordable units for Very Low-Income Seniors. This would be accomplished by:
(1) a City deed restriction, either in the grant deed or a separate recorded Peter Ragsdale
June 5, 2023
2048\12\3532075.1
regulatory agreement that requires 49% of the units to be affordable to Low Income Seniors for 55 years and requires compliance with any other restrictions on the property; and (2) a California Tax Credit Allocation Committee (“TCAC”) regulatory agreement recorded against the property restricting occupancy of all the units to Very Low-Income Seniors at affordable rents for fifty five (55) years after the Development is completed.
• The Site will be appraised at both: (1) its highest and best use; and (2) its fair market value after the Site is restricted to charging rents affordable to Very Low- Income Seniors. This restriction on the Site will create a considerable difference between the highest and best use value and the restricted rent fair market value.
Often, the restricted rent fair market value is five percent (5%) of the highest and best use value. For instance, if a property’s highest and best use value is $500,000, the restricted rent fair market value might be $25,000. The $475,000 of decreased value is recognized by funding agencies as a City financial contribution to the Development and reduces the housing development cost. This would make the Development more likely to succeed in the competition for funding from State and Federal funding sources.
• The City will sell the land to Delta Community Developers Corp., a Housing Authority nonprofit affiliate (“DCDC”), for the purchase price of the restricted fair market value. The City will receive a promissory note in the amount equal to the purchase price at .01% simple interest with the principal amount due and payable at the end of the 55-year term. The loan can be secured by a deed of trust, and DCDC will indemnify the City of liability that may arise because of the loan.
• DCDC will lease the land to a single purpose entity to own the improvements at a capitalized rent equal to the amount and terms of the City’s loan. • California Labor Section 1720(c)(5)(E) provides an exemption from State Prevailing wages if the public agency participation in the project “is public funding in the form of below-market interest rate loans for a project in which occupancy of at least 40 percent of the units is restricted for at least 20 years, by deed or regulatory agreement, to individuals or families earning no more than 80 percent of the area median income.” The City’s loan will meet that standard because: (1) a .01% interest rate is below market; (2) the deed or regulatory agreement will restrict 49% of the units to individuals and families at 50% of Area Median Income, which is lower than 80% of Area Median Income; and (3) the 55-year term will be longer than 20 years. The Development will be subject to Federal Davis-Bacon prevailing wage requirements, but the State prevailing wage exemption will avoid the higher construction costs associated with State prevailing wage requirements which would make the Development more expensive and less likely to be financially feasible.
To accomplish this transfer, the Housing Authority, or its affiliate, must demonstrate their right to acquire the Site in order to apply for the necessary funding in addition to the City’s land. The Housing Authority can prepare a draft Disposition and Development Peter Ragsdale
June 5, 2023
2048\12\3532075.1
Agreement that will meet the requirements of the potential funding agencies and provide it to the City for review.
2048\12\3549397.2
1 DISPOSITION AND DEVELOPMENT AGREEMENT
(Salas Park)
This Disposition and Development Agreement (the “Agreement”) is entered into as of __________, 2023 (the “Effective Date”), by and between the City of Lodi, a municipal corporation (the “City”), and Delta Community Developers Corp., a California nonprofit public benefit corporation (the “Developer”), with reference to the following facts, understandings and intentions of City and the Developer:
RECITALS
A. These Recitals refer to and utilize certain capitalized terms which are defined in Article 1 of this Agreement. The City and the Developer are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”. The Parties intend to refer to those definitions in connection with the use of capitalized terms in these Recitals.
B. The City owns the vacant property, which consists or approximately three (3) acres located adjacent to Salas Park, as more particularly described in the attached Exhibit A (the “Property”). The Developer intends to construct at least one hundred eight (108) units of affordable housing for low income senior citizens on the Property in two phases, each with fifty four (54) units (each a “Phase” and collectively the “Developments”).
C. The Developer intends to purchase the Property and form one or more limited partnerships (each a “Partnership” and collectively the “Partnership”) as single purpose entities for the purpose of leasing the Property, owning the Improvements, and completing and operating the Developments.
D. The City desires to sell the Property to the Developer in accordance with the provisions of this Agreement in order to facilitate the use of the Property for the development and operation of affordable housing.
E. In accordance with this Agreement, the City and the Developer have established the terms and conditions for the conveyance of the Property to the Developer, the construction of the Developments, and the ongoing operation of the Developments upon completion of construction. The City has determined that the Developer has the necessary expertise, skill and ability to carry out the commitments set forth in this Agreement.
F. To effectuate the redevelopment of the Property, upon the Developer’s satisfaction of the conditions set forth below, the City will convey the Property to the Developer.
THEREFORE, the Parties agree as follows:
AGREEMENT
The foregoing recitals are incorporated by reference and made part of this Agreement.
2048\12\3549397.2
2 ARTICLE 1.
DEFINITIONS AND EXHIBITS
Section 1.1 Definitions.
In addition to the terms defined elsewhere in this Agreement, the following definitions will apply throughout this Agreement.
(a) “Affordable Housing Covenant” means the Affordable Housing Covenant in the form attached as Exhibit B.
(b) “Appraisals” will have the meaning set forth in Section 2.4. (c) “Building Permit” means the building permit and all other ministerial construction permits required from the City and other governmental agencies to construct the Improvements for each Phase.
(d) “CEQA” means the California Environmental Quality Act (Public Resource Code 21000 et seq.), and its implementing regulations. (e) “City” means the City of Lodi, a municipal corporation. (f) “City Approvals” means all discretionary land use approvals required to be obtained from the City for the Development, if any.
(g) “City Council” means the city council of the City.
(h) “City Documents” means, collectively, this Agreement, the Promissory Note, the Deed of Trust, the Affordable Housing Covenant, and all other documents executed by the Developer in favor of the City in accordance with this Agreement, and all other documents required by the City to be executed by the Developer in connection with the transaction contemplated by this Agreement. “City Document” means any of the City Documents. (i) “Close of Escrow” means the date on which the City conveys the Property as evidenced by the Grant Deed from the City to the Developer. (j) “Code” means the Internal Revenue Code of 1986, as amended. (k) “Construction Loan Closing” means the date the Developer or the Partnership closes the construction loan for the Improvements of a Phase. (l) “Construction Plans” means the final construction plans for the construction of the Improvements of each Phase as approved by the City in accordance with Section 4.2.
(m) “Control” means: (i) direct or indirect management or control of the managing member or members in the case of a limited liability company; (ii) direct or indirect management or control of the managing general partner or general partners in the case of a
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3 partnership; and (iii) boards of directors that overlap by fifty percent (50%) or more of their directors, or (b) direct or indirect control of a majority of the directors in the case of a corporation.
(n) “County” means the County of San Joaquin, California. (o) “Deed of Trust” means the Deed of Trust in the form attached as Exhibit C securing the Promissory Note.
(p) “Default” has the meaning set forth in Section 6.3. (q) “Developer” means Delta Community Developers Corp., a California nonprofit public benefit corporation, and its successors and assigns as permitted by this Agreement.
(r) “Developer Event of Default” has the meaning set forth in Section 6.3. (s) “Development” means the Property and Improvements.
(t) “Development Schedule” means the schedule attached as Exhibit D, setting forth the anticipated schedule for the Developer’s or the Partnership’s acquisition of the Property and the development of the Improvements for the Developments. (u) “Effective Date” means the date this Agreement is entered into by the Parties as first written above.
(v) “Financing” means any financing received by the Developer or the Partnership for the Development.
(w) “Financing Plan” means the Developer’s plan for financing the design, engineering, and construction of the Improvements, which may be revised from time to time pursuant to Section 2.6.
(x) “Grant Deed” means the Grant Deed to be executed by the City and the Developer at the Close of Escrow.
(y) “Hazardous Materials” means: any “hazardous substance” as defined in Section 101(14) of CERCLA (42 U.S.C. Section 9601(14)) or Section 25281(d) or 25316 of the California Health and Safety Code as amended from time to time; (1) any “hazardous waste,” “infectious waste” or “hazardous material” as defined in Section 25117, 25117.5 or 25501(j) of the California Health and Safety Code as amended from time to time;
(2) any other waste, substance or material designated or regulated in any way as “toxic” or “hazardous” in the RCRA (42 U.S.C. Section 6901 et seq.), CERCLA (42 U.S.C. Section 9601 et seq., Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), Safe Drinking Water Act (42 U.S.C. Section 300(f) et seq.), Toxic Substances Control Act
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4 (15 U.S.C. Section 2601 et seq.), Clear Air Act (42 U.S.C. Section 7401 et seq.), California Health and Safety Code (Section 25100 et seq., Section 39000 et seq.), or California Water Code (Section 13000 et seq.) as amended from time to time; and (3) any additional wastes, substances or materials which at such time are classified, considered or regulated as hazardous or toxic under any other present or future environmental or other similar laws relating to the Property or the Improvements.
The term “Hazardous Materials” will not include: (i) construction materials, gardening materials, household products, office supply products, art supplies, or janitorial supply products customarily used in the construction, maintenance, construction, or management of art facilities, or typically used in office activities, or (ii) certain substances which may contain chemicals listed by the State of California pursuant to California Health and Safety Code Sections 25249.8 et seq., which substances are commonly used by a significant portion of the population living within the region of the Property, including, but not limited to, alcoholic beverages, aspirin, tobacco products, nutrasweet and saccharine.
(z) “Hazardous Materials Laws” means all federal, state, and local laws, ordinances, regulations, orders and directives pertaining to Hazardous Materials in, on or under the Property or the Improvements or any portion thereof. (aa) “Improvements” means the two developments of approximately fifty four(54) units each of affordable housing for low income senior citizens, and related improvements, to be located on the Property.
(bb) “Investor” means an equity investor committed to purchasing a limited partnership interest in the Partnership.
(cc) “Managing General Partner” means a general partner of the Partnership which will be an entity that: (i) is under the Control of the Developer; and (ii) meets the requirements necessary for the Partnership to be eligible for a property tax exemption pursuant to California Revenue & Taxation Code 214(g).
(dd) “NEPA” means the National Environmental Policy Act (42 U.S.C. 4321 et seq.), and its implementing regulations.
(ee) “Official Records” means the official land records of the County. (ff) “Parcel” means each of the two parcels that will result from the subdivision of the Property.
(gg) “Parties” means, collectively, the City, and the Developer. “Party” will refer to either of the Parties.
(hh) “Partnership” means one or more California limited partnerships to be formed by the Developer for the development of the Improvements on the Property for each Phase. The Partnerships will consist of, at a minimum: (i) the Managing General Partner, and (ii) the Investor, or an entity under the Control of the Investor, as a limited partner.
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5 (ii) “Partnership Agreement” means the partnership agreement of the Partnership for each Phase, as may be amended from time to time. (jj) “Promissory Note” means that certain note in the amount of the Purchase Price in the form attached to this Agreement as Exhibit E. (kk) “Property” means the real property to be developed by the Developer pursuant to this Agreement, which real property is more particularly described in Exhibit A. (ll) “Purchase Price” means Purchase Price as set forth in Section 2.4. (mm) “Scope of Development” means the description of the basic physical characteristics of the Development which, will serve as a basis for the CEQA/NEPA review, the Developer’s application for the City Approvals, and for the preparation of the Construction Plans. The Scope of Development will be attached to this Agreement as Exhibit F once it has been agreed upon by the City and the Developer.
(nn) “Security Financing Interest Holder” means any person or entity, other than the City, providing financing for the Developments secured by a mortgage or deed of trust recorded against a Parcel or the Improvements on the Parcel. (oo) “Tax Credit Funds” means all of the proceeds from the sale of limited partnership interests in the Partnership to the Investor in the anticipated amount set forth in the Financing Plan.
(pp) “Tax Credit Reservation” means a preliminary reservation, or allocation (as applicable), of federal and/or state low income housing tax credits from TCAC. (qq) “TCAC” means the California Tax Credit Allocation Committee. (rr) “Term” means the term of this Agreement, which will consist of the period commencing as of the Effective Date and continuing until the earlier of: (i) the conveyance of the Property to the Partnership; or (ii) three (3) years after the Effective Date. (ss) “Title Company” means Old Republic Title Company, or such other title company as the Parties may mutually select.
(tt) “Transfer” has the meaning set forth in Section 5.1.
Section 1.2 Exhibits.
The following exhibits are attached to and incorporated in the Agreement:
Exhibit A: Legal Description of the Property
Exhibit B: Form of Affordable Housing Covenant
Exhibit C: Form of Deed of Trust
Exhibit D: Development Schedule
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6 Exhibit E: Form of Promissory Note
Exhibit F: Scope of Development
Exhibit G: Insurance Requirements
ARTICLE 2.
PREDISPOSITION REQUIREMENTS FOR
CONVEYANCE OF THE PROPERTY
Section 2.1 Conditions Precedent to Disposition of the Property.
The requirements set forth in this Article 2 are conditions precedent to the City’s obligation to convey the Property to the Developer.
During the period prior to Close of Escrow, the Developer and the Developer’s Board members, employees, agents, consultants, contractors, and subcontractors will have the right to enter on to the Property to examine conditions, undertake testing, and carry out such other activities and examinations as the Developer deems necessary or appropriate to determine the suitability of the Property for the Developer’s proposed uses and the feasibility of the proposed Development. The City grants to the Developer and its employees, consultants, agents, and contractors, upon three (3) Business Day advance written notice to the City, the right to enter upon the Property throughout the Term of this Agreement for the purpose of conducting feasibility studies and physical examinations of the Property during normal business hours, provided that the Developer indemnifies, defends, protects, and holds the City free and harmless from all loss or liability to the extent caused by such activities of the Developer, its agents and employees, upon the Property. The foregoing indemnity, defense, protection, and hold harmless obligations do not apply to: (a) any loss, liability cost, claim, damage, injury or expense to the extent arising from the negligence or intentional misconduct of the City, (b) any diminution in value in the Property arising from or relating to matters discovered by the Developer during its investigation of the Property, or (c) any latent defects in the Property or existing condition discovered by the Developer. The Developer will provide the City with evidence of comprehensive general liability insurance with a combined single limit of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate naming the City as an additional named insured prior to entering the Property. The Developer will not permit any liens to attach to the Property by reason of the exercise of the Developer’s rights under this Agreement. The Developer will, at the Developer’s sole cost and expense, fully repair any damage caused by the inspections, tests or studies at the Property and restore the Property to substantially the same condition that existed before any of the Developer’s inspections, tests, or studies provided that the Developer will have no obligation: (1) to repair any damage caused by the acts of the City or the City’s agents or representatives, or (2) to remediate, contain, abate or control any pre-existing condition of the Property that existed prior to the Developer’s entry.
The Developer’s indemnification obligations under this Section will survive the termination of this Agreement.
Section 2.2 Scope of Development.
(a) By the date set forth in the Development Schedule, the Developer will provide the City with a Scope of Development with adequate information regarding the Developments so that the City can undertake the environmental reviews under CEQA and NEPA
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7 as the lead agency. The Developer will cooperate with the City and any City consultants to provide additional information as needed to complete the CEQA and NEPA reviews.
Section 2.3 CEQA/NEPA Review.
(a) The City will be the lead agency for the environmental review of the proposed Developments pursuant to CEQA and NEPA.
(b) Nothing in this Agreement, including, but not limited to the execution of this Agreement will be construed to compel the City Council to approve or make any particular findings with respect to any CEQA or NEPA approval or documentation required for the Development, or approve or make findings with respect to the applicable land use approvals, and the Developer assumes all risks regarding CEQA and NEPA, including, but not limited to, the risk that the Development may not be approved by the City Council, and that the City Council may impose mitigation measures on the Development, including but not limited, mitigation measures not contemplated by the Developer.
(c) The Developer acknowledges that the environmental review process under CEQA and NEPA involves the preparation and consideration of certain information by the City Council, as well as consideration of input from third parties; that approval or disapproval of the Development following completion of the environmental review process pursuant to CEQA is within the sole discretion of the City Council without limitation by, or consideration of, the terms of this Agreement; and that the City makes no representation regarding the ability or willingness of the City Council to approve the Development at the conclusion of the environmental review process required by CEQA, or regarding the imposition of any mitigation measures as conditions of any approval that may be imposed by the City Council. The City Council retains, to the maximum extent permitted under applicable law, its full discretion under CEQA to: (a) make such modifications to any entitlements, permits or approvals as may be reasonably necessary to impose reasonable measures to mitigate any significant environmental impacts of the proposed Development; (b) select other reasonable alternatives to avoid significant environmental impacts of the proposed Development; (c) balance the benefits of the proposed Development against any significant environmental impacts of the proposed Development (if any) prior to taking final action if such significant impacts cannot otherwise be reasonably avoided; (d) determine not to proceed with the proposed Development in the event there are substantial environmental impacts that cannot be feasibly reasonably mitigated so the proposed Development can be approved without a statement of overriding considerations; or (e) take such other actions to approve or not approve the proposed Development as determined by the City Council. In addition, any required approvals by any other local, state or federal agency (or any other required approvals under any applicable local, state, or federal law) may require additional environmental review, and that approval by the City Council pursuant to CEQA or NEPA (if any) will not bind any other local, state or federal agency to approve the Development (or otherwise satisfy any requirements of any other applicable local, state, or federal law, including, to the extent such laws may be applicable to the proposed Development), or bind any other local, state or federal agency to impose mitigation measures that are consistent with the terms of this Agreement or with the terms of any mitigation measures that may be required by the City Council pursuant to the City’s environmental review in accordance with CEQA.
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8 (d) Either Party has the right to terminate this Agreement if the City Council disapproves the Development following completion of the environmental review process pursuant to CEQA or NEPA. In addition, the Developer may terminate this Agreement if Developer determines that the implementation of any mitigation measures required pursuant to CEQA or NEPA would cause development of the Development to become economically or operationally infeasible. To effectuate such termination of this Agreement, the terminating Party will deliver a written notice to the other Party setting forth that this Agreement is terminated pursuant to this Section within thirty (30) days following the City Council’s final action under CEQA and NEPA. In the event this Agreement is terminated pursuant to this Section, then the City: (a) will have no obligation to convey the Property to the Developer; and (b) will have no further obligation or duty under this Agreement (except for any provision that expressly survives the termination of this Agreement). The City further acknowledges that due to the termination of this Agreement as set forth above, the City may suffer economic loss or other consequences due to the failure of the Property to be developed, including, but not limited to, economic loss or other consequences due to the City’s inability to operate, or to permit the operation of, any particular form of business at the Property. In the event of such a termination of this Agreement under this Section, then the Developer will have no further duties or obligations under this Agreement (except for any provision that expressly survives the termination of this Agreement). The Developer further acknowledges that due to the termination of this Agreement as set forth above, the Developer will have no right, pursuant to this Agreement, to acquire the Property, and, therefore, may suffer economic loss or other consequences, including, but not limited to, economic loss or other consequences due to the Developer’s inability to obtain any interest in the Property, develop the Property, or to operate, or to permit the operation of, any particular form of business at the Property. In the event of such a termination of this Agreement under this Section, then the City will have no further duties or obligations under this Agreement (except for any provision that expressly survives the termination of this Agreement).The City and Developer, on behalf of themselves and anyone claiming by, through or under each of them specifically releases and waives any claim against the other Party for such loss or economic consequences in connection with the termination of this Agreement following completion of all applicable requirements of CEQA, or any other failure of any, or all, of the conditions precedent set forth below. The City and Developer, on behalf of themselves and anyone claiming by, through or under the each of them, assumes the above-mentioned risks and expressly waives any right the Developer or City and anyone claiming by, through or under the Developer or City, may have under Section 1542 of the California Civil Code, which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”
Developer’s Initials: _______ City’s Initials: _______ Section 2.4 Purchase Price and Appraisals. By the date set forth in the Development Schedule, the Developer will provide the City with appraisals for the Property (the “Appraisals”). The Appraisals will be based on subdivision of the Property into two Parcels and will estimate for each Parcel: (a) the fair market value at the highest and best use; as well as (b)
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9 the fair market value taking into consideration the restrictions contemplated by this Agreement.
The Parties agree that the Purchase Price for each Parcel of the Property will be the fair market value based on the Appraisals taking into consideration the restrictions contemplated by this Agreement.
Section 2.5 Financing Plan.
(a) No later than the date set forth in the Development Schedule, the Developer will submit a Financing Plan. The potential sources included in the Financing Plan will be part of the Development proposal reviewed pursuant to the CEQA and NEPA environmental reviews.
(b) If alternative financing is proposed prior to the completion of the CEQA and NEPA review, the Developer will provide that information to the City to be included as a revised Financing Plan subject to the CEQA and NEPA review of the proposed Developments.
If alternative financing is proposed after completion of the CEQA and NEPA review of the proposed Developments, the Developer acknowledges that such alternative financing may require new or additional CEQA and NEPA review.
Section 2.6 Property Subdivision. No later than the date set forth in the Development Schedule, the City will subdivide the Property into two separate Parcels consistent with the Parcels as shown in the Developer’s Scope of Development.
Section 2.7 L oan Documents. No later than Close of Escrow, the Developer and the City will enter into the City Documents.
ARTICLE 3.
DISPOSITION OF THE PROPERTY
Section 3.1 Opening Escrow.
To accomplish the transfer of the Property from the City to the Developer, the Parties will, within thirty (30) days after the Effective Date, establish an escrow with the Title Company.
The Parties will execute and deliver all written instructions to the Title Company to accomplish the terms of this Agreement, so long as such instructions are consistent with this Agreement.
Section 3.2 Close of Escrow.
The Close of Escrow will occur within thirty (30) days after the Developer has met all of its pre-disposition conditions as set forth in Article 2 above and as set forth below, but in no event will the Close of Escrow occur later than December 31, 2024, unless extended in writing by the City. At the Close of Escrow, the City will convey the Property to Developer by Grant Deed.
Section 3.3 Conditions to Conveyance. The City’s obligation to convey the Property to the Developer will be subject to satisfaction of the following pre-conditions:
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10 (a) Article 2 Conditions. The conditions precedent set forth in Article 2 above will have been satisfied in accordance with the Development Schedule. (b) R epresentations . The representations, warranties, and covenants of the Developer set forth in Section 7.17 will be true and correct as of the Effective Date and as of the Close of Escrow.
(c) N o Developer Event of Default. There exists no Developer Event of Default nor any act, failure, omission, or condition that would constitute a Developer Event of Default under this Agreement.
(d) D eveloper Authority . The Developer has delivered to the City a copy of the Developer’s organizational documents and corporate resolution(s) authorizing the Developer’s execution of this Agreement and the transactions contemplated by this Agreement. (e) C
ity Documents . The Developer has executed and delivered the Promissory Note, Deed of Trust, and Affordable Housing Covenant to escrow. (f) P urchase Price. The Developer has paid, or the Title Company is prepared to release, to the City the Purchase Price, in the form of the City Documents, as evidenced by the final settlement statement for the closing.
Section 3.4 C
ondition of Title. At the Close of Escrow, the City will deliver title to the Property free and clear of all liens, encumbrances, clouds and conditions, rights of occupancy or possession, except those set forth in the Title Report and accepted by the Developer.
Section 3.5 C
ondition of the Property.
(a) Hazardous Materials. In fulfillment of the purposes of Health and Safety Code Section 25359.7(a), to the City’s Current Actual Knowledge, no release of Hazardous Materials has come to be located on or beneath the Property, except as previously disclosed by the City to the Developer (as applicable). As used in this Agreement, the phrase “to the City’s Current Actual Knowledge” and words of similar import will mean the actual knowledge of _______________ (the “City Representative”), on behalf of the City, as of the Effective Date, without any duty of separate inquiry and investigation. The City represents and warrants that the City Representative is that person affiliated with the City most knowledgeable regarding the ownership and operation of the Property. The Developer agrees that the foregoing person will not have or incur any personal liability for the breach of any representation or warranty in this Agreement, and that the Developer’s sole remedy for any such breach will be against the City. (b) “
AS IS” CONVEYANCE. EXCEPT AS SET FORTH ABOVE, THE
DEVELOPER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT THE CITY
IS CONVEYING AND THE DEVELOPER IS ACCEPTING THE PROPERTY ON AN “AS IS WITH ALL FAULTS” BASIS, INCLUDING, AND THAT THE DEVELOPER IS
NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS (EXCEPT AS EXPRESSLY SET FORTH IN THIS
AGREEMENT) OR IMPLIED, FROM THE CITY AS TO ANY MATTERS
CONCERNING THE PROPERTY, INCLUDING WITHOUT LIMITATION: (A) THE
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11 QUALITY, NATURE, ADEQUACY, AND PHYSICAL CONDITION OF THE PROPERTY; (B) THE QUALITY, NATURE, ADEQUACY, AND PHYSICAL CONDITION OF SOILS, GEOLOGY, AND GROUNDWATER; (C) THE
DEVELOPMENT POTENTIAL OF THE PROPERTY, AND THE PROPERTY’S USE,
HABITABILITY, MERCHANTABILITY, OR FITNESS, SUITABILITY, VALUE, OR ADEQUACY OF THE PROPERTY FOR ANY PARTICULAR PURPOSE; (D) THE
PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS WITHIN THE EXISTING BUILDING OR ON, UNDER OR ABOUT THE PROPERTY; AND (E) THE CONDITION OF TITLE TO THE PROPERTY. THE DEVELOPER AFFIRMS THAT
THE DEVELOPER HAS NOT RELIED ON THE SKILL OR JUDGMENT OF THE
CITY OR ANY OF ITS RESPECTIVE AGENTS, EMPLOYEES, OR CONTRACTORS
TO SELECT OR FURNISH THE PROPERTY FOR ANY PARTICULAR PURPOSE,
AND THAT THE CITY MAKES NO WARRANTY THAT THE PROPERTY IS FIT FOR ANY PARTICULAR PURPOSE. THE DEVELOPER ACKNOWLEDGES THAT IT
WILL USE ITS INDEPENDENT JUDGMENT AND MAKE ITS OWN
DETERMINATION AS TO THE SCOPE AND BREADTH OF ITS DUE DILIGENCE
INVESTIGATION WHICH IT WILL MAKE RELATIVE TO THE PROPERTY AND
WILL RELY UPON ITS OWN INVESTIGATION OF THE PHYSICAL,
ENVIRONMENTAL, ECONOMIC, AND LEGAL CONDITION OF THE PROPERTY. (c) Survival. The terms and conditions of this Section will expressly survive the Close of Escrow. The City is not liable or bound in any manner by any oral or written statements, representations or information pertaining to the Property furnished by any contractor, agent, employee, servant or other person. The Developer acknowledges that the Purchase Price reflects the “as is” nature of this transaction and any faults, liabilities, defects, or other adverse matters that may be associated with the Property. The Developer has fully reviewed the disclaimers and waivers set forth in this Agreement with the Developer’s counsel and understand the significance and effect of the disclaimers and waivers. (d) D eveloper ’s Release of the City. The Developer, on behalf of itself and anyone claiming by, through or under the Developer waives its right to recover from and fully and irrevocably releases the City and its council members, employees, and agents (the “Released Parties”) from any and all claims, responsibility and/or liability that the Developer may have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action, or cause of action arising from or related to the condition, valuation, salability, or utility of the Property. The Developer, on behalf of itself and anyone claiming by, through, or under the Developer, assumes the above-mentioned risks and expressly waives any right the Developer and anyone claiming by, through, or under the Developer, may have under Section 1542 of the California Civil Code, which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”
Developer’s Initials: __________
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12 Notwithstanding the foregoing, this release will not apply to, nor will the City be released from, the City’s fraud or intentional misrepresentation.
Section 3.6 Costs of Escrow. Ad valorem taxes, if any, will be prorated as of the Close of Escrow. The lien of any bond or assessment will be assumed by the Developer and assessments payable on any bond or assessment will be prorated as of the Closing Date. The City will pay any delinquent ad valorem taxes and any amounts owing for delinquent bonds and assessments as of the date of conveyance. The Developer will bear the costs of title insurance for any owner’s title insurance policy desired by the Developer, all other title insurance policies, and all other costs of escrow (including the Title Company’s fee).
ARTICLE 4.
P
OST DISPOSITION ACTIVITIES
Section 4.1 City Approvals.
No later than the date set forth in the Development Schedule, the Developer will apply for the City Approvals. Nothing in this Agreement will in any way limit the City’s legally permissible discretion in considering any applications submitted by the Developer for the City Approvals or approval of such applications.
Section 4.2 Construction Plans and Building Permit.
(a) Construction Plans. The Developer will prepare Construction Plans for the construction of the Improvements. The final Construction Plans for the Improvements submitted by the Developer for City approval will consist of all construction documentation upon which the Developer and its contractors will rely in building the Improvements. The Construction Plans will be consistent with the City Approvals and the Scope of Development, and will not materially deviate from them without the written consent of the City. (b) B uilding Permit. No later than the date set forth in the Development Schedule, the Developer will apply for the City’s building permit and plan check approval. After submitting applications for the Building Permit as set forth above, the Developer will diligently pursue and obtain the Building Permit for the Improvements. For the purposes of this Agreement, the Developer will be deemed to have satisfied the condition precedent to obtain the Building Permit for the Improvements by obtaining an issue ready letter from the City’s building department to commence construction of the Improvements. Upon delivery to the City of such evidence to the City, the predisposition condition of this Section will be deemed met. The Developer acknowledges and agrees that construction cannot begin unless and until the Building Permit is issued.
Section 4.3 C
onstruction Contract.
(a) Contract Requirements. No later than the date set forth in the Development Schedule, the Developer will submit to the City for its limited approval the proposed construction contract for the Improvements. The City’s review and approval will be limited exclusively to a determination whether: (i) the construction contract is with a contractor duly licensed by the State of California; (ii) the construction contract contains provisions
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13 consistent with this Agreement; and (iv) the construction contract includes the applicable insurance requirements as required by this Agreement.
(b) City Review. Upon receipt by the City of the proposed construction contract, the City will promptly review same and approve it within fifteen (15) days if it satisfies the limited criteria set forth above. If the construction contract is not approved by the City, the City will set forth in writing and notify the Developer of the City’s reasons for withholding such approval. The Developer will thereafter submit a revised construction contract for City approval, which approval will be granted or denied in fifteen (15) days in accordance with the criteria and procedures set forth above. Failure of the City to respond within the fifteen (15) day period(s) set forth above will be deemed approval by the City.
Section 4.4 C onstruction Bonds.
(a) Requirements. No later than the date set forth in the Development Schedule, the Developer will deliver to the City forms of one (1) labor and material bond and one (1) performance bond for the Improvements issued by an insurance company licensed to do business in California, each in a penal sum of not less than one hundred percent (100%) of the scheduled cost of construction of the Improvements as set forth in the approved construction contract, for the City’s review and approval. The bonds will name the City as co-obligee. Upon receipt by the City of the proposed payment and performance bonds, the City will promptly review such bonds and approve them within fifteen (15) days if they satisfy the criteria set forth above. If the payment and performance bonds are not approved by the City, the City will set forth in writing and notify the Developer of the City’s reasons for withholding such approval.
The Developer will thereafter submit revised payment and performance bonds for City approval, which approval will be granted or denied in fifteen (15) days in accordance with the criteria and procedures set forth above. Failure of the City to respond within the fifteen (15) day period(s) set forth above will be deemed approval by the City.
(b) D
elivery of Bonds. Prior to the Close of Escrow, the Developer will deliver to the City copies of actually issued bonds substantially identical to the forms previously delivered to, and approved by, the City. The Developer may elect to satisfy the obligation set forth in this Section by delivering bonds which name the Developer’s general contractor(s), and not the Developer, as the principal. Only upon City receipt of such bonds will the pre-disposition conditions of this Section be deemed met.
Section 4.5 I
nsurance.
The Developer will furnish to the City evidence of the insurance coverage meeting the requirements set forth in Exhibit G, no later than the date set forth in the Development Schedule.
ARTICLE 5.
ASSIGNMENT AND TRANSFERS
Section 5.1 Definitions.
As used in this Article , the term “Transfer” means, with respect to:
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14 (a) Property. Any total or partial sale, assignment, conveyance, or any transfer in any other mode or form, of this Agreement or of the Developer’s interest in the Property or the Improvements or any part of the Property or Improvements or any interest in the Development. (b) D eveloper . Any total or partial sale, assignment, conveyance, or any transfer in any other mode or form of any ownership interest in Developer except as otherwise provided in this Agreement, or
(c) M erger . Any merger, consolidation, sale, or lease of all or substantially all of the assets of Developer.
Section 5.2 P urpose of Restrictions on Transfer.
This Agreement is entered into for the purpose of the development and operation of the Development and its subsequent use in accordance with the terms of the City Documents. The Developer recognizes that the qualifications and identity of the Developer are of particular concern to the City, in view of: (i) the importance of the development of the Property to the general welfare of the community; (ii) the reliance by the City upon the qualifications and ability of the Developer to develop and operate the Development; and (iv) the fact that the Property is not to be leased or used for speculation, but only for development and operation by the Developer in accordance with the Agreement. The Developer further recognizes that it is because of such qualifications and purposes that the City are entering into this Agreement with the Developer and that Transfers are permitted only as provided in this Agreement.
Section 5.3 Prohibited Transfers.
The limitations on Transfers set forth in this Article will apply throughout the Term.
Except as expressly permitted in this Agreement, the Developer represents and agrees that the Developer has not made or created, and will not make or create or suffer to be made or created, any Transfer, either voluntarily or by operation of law without the prior written approval of the City. Any Transfer made in contravention of this Section will be void and will be deemed to be a Developer Event of Default under this Agreement whether or not the Developer knew of or participated in such Transfer.
Section 5.4 Permitted Transfers; Process.
(a) Permitted Transfers. Notwithstanding the provisions of Section 5.3, the following Transfers will be permitted and are approved by the City:
(1) The Transfer of this Agreement and the Developer’s interest in this Agreement and the Property or an interest in the Property and the assumption of the Developer’s duties and obligations under the City Documents by: (a) a Partnership; provided that the Developer, or an entity under the Control of the Developer, remains a General Partner throughout the Term; (b) a limited liability company in which the Developer or an entity under the Control of the Developer, remains a member or the manager throughout the Term; or (3) a nonprofit corporation under the Control of the Developer throughout the Term. (2) The admission of the Investor as a limited partner of the
2048\12\3549397.2
15 Partnership for the purposes of syndicating the Tax Credit Reservation to the Investor to obtain the Tax Credit Funds. The City approves the sale of limited partnership interests in the Partnership to the Investor, provided that the amended Partnership Agreement is provided to the City.
(b) Process. No Transfer permitted pursuant to this Article will be effective unless, at the time of the Transfer, the person or entity to which such Transfer is made, by an instrument in writing expressly assumes the obligations of the Developer under the City Documents, to the fullest extent that such obligations are applicable to the particular portion of or interest in the Property and Improvements conveyed in such Transfer. In the absence of specific written agreement by the City, no such Transfer, assignment or approval by the City will be deemed to relieve the Developer or any other party from any obligations under this Agreement.
Section 5.5 O
ther Transfers with City Consent.
The City may, in its sole discretion, approve in writing other Transfers as requested by the Developer. In connection with such request, the Developer will submit to the City for review all instruments and other legal documents proposed to effect any such Transfer and all other documents as reasonably requested by the City to determine the qualifications and identity of the proposed transferee. If a requested Transfer is approved by the City such approval will be indicated to the Developer in writing. Such approval will be granted or denied by the City within thirty (30) days of receipt by the City of all materials required by this Section.
ARTICLE 6.
NO FAULT TERMINATION, DEFAULT, AND REMEDIES
Section 6.1 General Applicability.
The provisions of this Article will govern the Parties’ remedies for breach or Default under this Agreement.
Section 6.2 No Fault of Parties.
(a) Events. The following events constitute a basis for a Party to terminate this Agreement without the fault of the other Party:
(1) The City, despite good faith and diligent efforts, is unable to convey the Property to the Developer and the Developer is otherwise entitled to such conveyance.
(2) Any of the conditions precedent to the conveyance of the Property proves to be impossible or commercially or operationally infeasible to meet despite the Developer’s good faith and diligent efforts.
(3) The Developer fails to reach Construction Loan Closing: (a) for the first Phase, by a date which is three (3) years from the Effective Date: or (b) for the second
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16 Phase, by a date which is three (3) years from the date of completion of construction of the second Phase.
(b) Right to Terminate. Upon the happening of the above-described event and at the election of either Party, this Agreement may be terminated by written notice to the other Party. After such termination of this Agreement, no Party will have any rights against or liability to the other Party under this Agreement, except that the indemnification provisions of this Agreement will survive such termination and remain in full force and effect.
Section 6.3 D eveloper Event of Default.
(a) Events. The following will constitute a Developer Event of Default:
(1) A Transfer occurs, either voluntarily or involuntarily, in violation of Article 5; or
(2) Any representation or warranty contained in this Agreement proves to have been incorrect in any material and adverse respect when made; or (3) A court having jurisdiction will have made or entered any decree or order: (i) adjudging the Developer, to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of the Developer, or seeking any arrangement for the Developer, under the bankruptcy law or any other applicable debtor’s relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of the Developer, in bankruptcy or insolvency or for any of their properties, or (iv) directing the winding up or liquidation of the Developer, if any such decree or order described in clauses (i) to (iv), inclusive, will have continued unstayed or undischarged for a period of ninety (90) days; or the Developer, will have admitted in writing its inability to pay its debts as they fall due or will have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive; or
(4) The Developer will have assigned its assets for the benefit of its creditors or suffered a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon will have been returned or released within ninety (90) days after such event or prior to a sooner sale pursuant to such sequestration, attachment, or execution. In the event that the Developer, is diligently working to obtain a return or release of the property and the City’s interests under the City Documents are not immediately threatened, in the City’s reasonable business judgment, the City may elect not to declare a Default under this subsection; or (5) The Developer, will have voluntarily suspended its business or, the Developer will have been dissolved or terminated.
(b) Cure Period. Upon the happening of any of the above-described events, the City will first notify the Developer in writing of the purported breach, failure, or act above described, giving the Developer sixty (60) days from receipt of such notice to cure or, if such cure cannot be accomplished within sixty (60) days, to commence to cure such breach, failure, or act. In the event the Developer fails to cure within said sixty (60) days, or, if the breach or
2048\12\3549397.2
17 failure is of such a nature that it cannot be cured within sixty (60) days, the Developer fails to commence to cure within such sixty (60) days and thereafter diligently complete such cure within a reasonable time thereafter but in no event later than one hundred twenty (120) days, then the City will be afforded the remedies described in Section 6.4 below. (c) Copies. Copies of any notices delivered to the Developer under this Section will be concurrently delivered to the Investor and any Security Financing Interest Holder (provided that the City will have no liability for the failure to give notice to the Investor or any Security Financing Interest Holder, nor will such failure impair the City’s rights in any manner). (d) I
nvestor Right to Cure. The Investor wi ll have the right, but not the obligation, within sixty (60) days after receipt of the notice, to cure or commence to cure any Developer Event of Default set forth in such notice and the City will accept tender of such cure as if delivered by Developer.
Section 6.4 R emedies for Default.
City and Developer agree that, in the event of a Developer Event of Default or breach under this Agreement, following the expiration of the notice and cure periods described in Section 6.3, the only remedies available to the City will be those listed in this Section, as follows:
(a) Action for Specific Performance. The City may prosecute an action for specific performance.
(b) A ction for Damages . The City may prosecute an action for damages. (c) Termination of this Agreement. The City terminate this Agreement by written notice to the Developer, provided, however, that the remedies pursuant to this Article or any other City Document and the indemnification provisions of this Agreement will survive such termination.
Section 6.5 R
emedies Cumulative.
No right, power, or remedy given by the terms of this Agreement is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy will be cumulative and in addition to every other right, power, or remedy given by the terms of any such instrument, or by any statute or otherwise. Neither the failure nor any delay to exercise any such rights and remedies will operate as a waiver thereof, nor will any single or partial exercise of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
Section 6.6 Waiver of Terms and Conditions.
No waiver of any default or breach by the Developer under this Agreement will be implied from any omission by the City to take action on account of such default if such Default persists or is repeated, and no express waiver will affect any default other than the default specified in the waiver, and such waiver will be operative only for the time and to the extent
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18 therein stated. Waivers of any covenant, term, or condition contained in this Agreement will not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. The consent or approval by the City to, or of, any act by the Developer requiring further consent or approval will not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act. The exercise of any right, power, or remedy will in no event constitute a cure or a waiver of any default under this Agreement, nor will it invalidate any act done pursuant to notice of Default, or prejudice the City in the exercise of any right, power, or remedy under this Agreement, unless in the exercise of any such right, power, or remedy all obligations of the Developer to the City under this Agreement are paid and discharged in full.
ARTICLE 7.
GENERAL PROVISIONS
Section 7.1 Notices, Demands and Communications.
Formal notices, demands, and communications between the City and the Developer will be sufficiently given if and will not be deemed given unless dispatched by: (1) certified mail, postage prepaid, return receipt requested; (2) by reputable express delivery service with a delivery receipt; (3) delivered personally, with a delivery receipt; or (4) by electronic mail with delivery confirmation, to the principal office of the Parties as follows:
City: City of Lodi
221 West Pine Street
Lodi, CA 95240
Attention: Steve Scwabauer, City Manager
Email: [email protected]
With copy to: Office of City Attorney
221 West Pine Street,
Lodi, CA 95240
Attention: Katie Lucchesi, Interim City Attorney
Email: [email protected]
Developer: Delta Community Developers Corp.
2575 Grand Canal Boulevard, Suite 220
Stockton, CA 95207
Attention: Executive Director
Email: [email protected]
With copy to: Goldfarb & Lipman LLP
1300 Clay Street, Floor 11
Oakland, CA 94612
Attention: M David Kroot
[email protected]
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19 Delivery will be deemed to have occurred on the date shown on the delivery receipt or delivery confirmation as the date of delivery, the date delivery was refused, or the date shown on the delivery receipt or delivery confirmation as the date delivery was attempted if the item is returned as undeliverable. Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected party may from time to time designate by mail as provided in this Section.
Section 7.2 Non-Liability of City Officials, Employees and Agents.
No member, official, employee, or agent of the City will be personally liable to the Developer, or any successor in interest, in the event of any Default or breach by the City for any amount which may become due to the Developer or successor or on any obligation under the terms of this Agreement.
Section 7.3 Forced Delay.
In addition to specific provisions of this Agreement, performance by either Party will not be deemed to be in Default if such delay or Default is due to: war; insurrection; riots; floods; earthquakes; fires; casualties; orders of government agencies; epidemic or pandemic; acts of terrorism or the public enemy; severe and unanticipated weather conditions; litigation (including suits filed by third parties concerning or arising out of this Agreement); or court order. An extension of time for cause will be deemed granted if notice by the Party claiming such extension is sent to the other Party within fifteen (15) days from the date the Party seeking the extension first discovered the cause. In no event will the cumulative delays exceed one hundred twenty (120) days, unless otherwise agreed to by the Parties in writing.
Section 7.4 Inspection of Books and Records.
Upon request, the Developer will permit the City to inspect at reasonable times and on a confidential basis those books, records and all other documents of the Developer necessary to determine Developer’s compliance with the terms of this Agreement.
Section 7.5 Title of Parts and Sections.
Any titles of the articles, sections or subsections of this Agreement are inserted for convenience of reference only and will be disregarded in construing or interpreting any part of its provision.
Section 7.6 General Indemnification.
The Developer agrees to indemnify, protect, hold harmless and defend (with counsel reasonably selected by the City) the City, and its council members, employees, agents, and volunteers from any and all suits, actions, claims, losses, liabilities, damages, injuries, causes of action, costs, and expenses of any kind, whether actual or alleged, including without limitation, court costs, reasonable attorneys’ fees, and other litigation expenses, demands, judgments and liens arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the
2048\12\3549397.2
20 Developer’s performance or non-performance under any of the City Documents, or arising out of acts or omissions of any of Developer’s contractors, subcontractors, or persons claiming under any of the aforesaid, except as caused by the City’s negligence or willful misconduct. The provisions of this section will survive expiration of the Term or other termination of this Agreement, and will remain in full force and effect and are not limited by the amount of insurance as may be required.
Section 7.7 Applicable Law.
This Agreement will be interpreted under and pursuant to the laws of the State of California without regard to choice of law principles.
Section 7.8 No Commissions.
The City represents that it has not engaged any broker, agent, or finder in connection with this transaction, and the Developer will defend and hold the City harmless from any claims by any broker, agent, or finder retained by the Developer. The provisions of this section will survive expiration of the Term or other termination of this Agreement, and will remain in full force and effect.
Section 7.9 Severability.
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions will continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding, or unenforceability.
Section 7.10 Legal Actions.
Any legal action commenced to interpret or to enforce the terms of this Agreement will be filed in the Superior Court of the County.
Section 7.11 Binding Upon Successors.
This Agreement will be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest and assigns of each of the Parties except that there will be no Transfer of any interest by any of the Parties except pursuant to the terms of this Agreement.
Any reference in this Agreement to a specifically named Party will be deemed to apply to any successor, heir, administrator, executor or assign of such Party who has acquired an interest in compliance with the terms of this Agreement, or under law.
Section 7.12 Parties Not Co-Venturers.
Nothing in this Agreement is intended to or does establish the Parties as partners, co- venturers, or principal and agent with one another.
Section 7.13 No Third Party Beneficiaries.
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21 This Agreement is made and entered into solely for the benefit of the City and the Developer and no other person will have any right of action under or by reason of this Agreement.
Section 7.14 Time of the Essence.
In all matters under this Agreement, the Parties agree that time is of the essence.
Section 7.15 Action by the City.
Except as may be otherwise specifically provided in this Agreement or another applicable City Document, whenever any approval, notice, direction, finding, consent, request, or other action by the City is required or permitted under this Agreement or another applicable City Document that is in substantial compliance with the terms of this Agreement, including, but not limited to, any approval of a proposed Transfer pursuant to Article 5, such action may be given, made, or taken by the City Manager, or by any person who will have been designated in writing to the Developer by the City Manager, without further approval by the City Council. Any such action will be in writing.
Section 7.16 Operating Memoranda; Implementation Agreements.
The Parties acknowledge that the provisions of this Agreement require a close degree of cooperation and that new information and future events may demonstrate that changes are appropriate with respect to the details of performance of the Parties under this Agreement. The Parties desire, therefore, to retain a certain degree of flexibility with respect to the details of performance for those items covered in general terms under this Agreement. If and when, from time to time during the Term of this Agreement, the Parties find that refinements or adjustments are necessary, such refinements or adjustments will be made through operating memoranda or implementation agreements approved by the Parties which, after execution, will be attached to this Agreement as addenda and become a part of this Agreement. Operating memoranda or implementation agreements may be executed on the City’s behalf by the City Manager.
Section 7.17 Representation and Warranties of Developer.
The Developer represents and warrants to the City as follows:
(a) Organization. The Developer is a duly organized, validly existing California nonprofit public benefit corporation, and is in good standing under the laws of the State of California and has the power and authority to own its property and carry on its business as now being conducted.
(b) A uthority of Developer. The Developer has full power and authority to execute and deliver this Agreement, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above. (c) A
uthority of Persons Executing Documents. This Agreement and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement have been executed and delivered by persons who are duly authorized to execute
2048\12\3549397.2
22 and deliver the same for and on behalf of Developer, and all actions required under the Developer’s organizational documents and applicable governing law for the authorization, execution, delivery and performance of this Agreement and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, have been duly taken.
(d) Valid Binding Agreements. This Agreement and all other documents or instruments which have been executed and delivered pursuant to or in connection with this Agreement constitute or, if not yet executed or delivered, will when so executed and delivered constitute, legal, valid and binding obligations of the Developer enforceable against it in accordance with their respective terms.
(e) N
o Breach of Law or Agreement . Neither the execution nor delivery of this Agreement or of any other documents or instruments executed and delivered, or to be executed or delivered, pursuant to this Agreement, nor the performance of any provision, condition, covenant or other term hereof or thereof, will conflict with or result in a breach of any statute, rule or regulation, or any judgment, decree or order of any court, board, commission or agency whatsoever binding on the Developer, or any provision of the organizational documents of the Developer, or will conflict with or constitute a breach of or a default under any agreement to which the Developer is a party, or will result in the creation or imposition of any lien upon any assets or property of the Developer, other than liens established pursuant hereto. (f) C
ompliance With Laws; Consents and Approvals . The construction of the Improvements will comply with all applicable laws, ordinances, rules and regulations of federal, state, and local governments and agencies and with all applicable directions, rules and regulations of the fire marshal, health officer, building inspector, and other officers of any such government or agency.
(g) P
ending Proceedings. The Developer is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of the Developer, threatened against or affecting the Developer, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to the Developer, materially affect the Developer’s ability to develop the Improvements.
Section 7.18 E
ntire Understanding of the Parties.
This Agreement, in conjunction with the City Documents, constitutes the entire understanding and agreement of the Parties with respect to the conveyance of the Property, and the development of the Improvements. This Agreement will not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared it. The Parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party (including but not limited to Civil Code Section 1654 as may be amended from time to time) will not apply to the interpretation of this Agreement.
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23 Section 7.19 Counterparts; Multiple Originals.
This Agreement may be executed in counterparts, each of which will be deemed to be an original. Electronic signatures will be accepted by the Parties as valid.
Remainder of Page Left Intentionally Blank
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A-1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
ALL THAT REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN, CITY OF LODI, DESCRIBED AS FOLLOWS:
A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC CO., SAID POINT LYING SOUTH 03°55’00” WEST, 458.46 FEET FROM THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE 172.65 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 2995.00 FEET, A CENTRAL ANGLE OF 03°18’10” AND A LONG CHORD WHICH BEARS NORTH 81°32’51” EAST; THENCE 571.20 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 2200.00 FEET, A CENTRAL ANGLE OF 14°52’34” AND A LONG CHORD WHICH BEARS NORTH 70°00’42” EAST; THENCE NORTH 83°07’34” EAST, 177.98 FEET; THENCE NORTH 87°42’00” EAST, 121.97 FEET; THENCE 40.32 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 25.00 FEET; A CENTRAL ANGLE OF 92°24’08” AND A LONG CHORD WHICH BEARS SOUTH 46°05’56” EAST; THENCE NORTH 00°06’08” EAST, 40.00
FEET WEST OF AS MEASURED PERPENDICULAR TO, THE EAST LINE OF SAID SOUTHWEST QUARTER, 150.13 FEET; THENCE 38.22 FEET, ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 87°35’52” AND A LONG CHORD WHICH BEARS SOUTH 43°54’04” WEST; THENCE SOUTH 87°42’00” WEST, 132.81 FEET; THENCE 193.62 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 900.00 FEET, A CENTRAL ANGLE OF 12°19’35” AND A LONG CHORD WHICH BEARS SOUTH 76°57’28” WEST; THENCE SOUTH 81°10’58” WEST 555.07 FEET; THENCE 125.68 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 2805.00 FEET; A CENTRAL ANGLE OF 02°34’02” AND A LONG CHORD WHICH BEARS SOUTH 81°10’47” WEST TO A POINT IN THE EAST RIGHT-OF-WAY LINE THE SOUTHERN PACIFIC CO.; THENCE SOUTH 03°55’00” WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, 193.61 FEET TO THE POINT OF BEGINNING.
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B-1
EXHIBIT B
FORM OF AFFORDABLE HOUSING COVENANT
1 2048\12\3554030.2
AFFORDABILITY COVENANT RESTRICTION AGREEMENT
(____________ Apartments)
This Affordability Covenant Restriction Agreement (this “Covenant”) is made and entered into as of __________ (the “Effective Date”), by the City of Lodi, a municipal corporation (the “City”). In order to comply with the provisions of California Government Code Section 54233, the City has recorded this Covenant in the Official Records of San Joaquin County on or about the Effective Date.
(a) The Property. The City is the owner of specified real property more particularly described by the legal description which is attached to and incorporated in this Covenant by this reference as Exhibit A (the “Property”).
(b) Surplus Lands Affordable Housing Covenant. The following is referred to as the “Affordable Housing Covenant” as required by the Surplus Lands Act, Government Code Section 54233. If ten (10) or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the property will 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 will remain affordable to and occupied by lower income households for a period of 55 years for rental housing (the “Term”) and 45 years for ownership housing. The initial occupants of all ownership units will be lower income households, and the units will 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 will be covenants or restrictions running with the land and will 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.
(c) Additional Covenants. At least twenty six (26) units will be rented to Lower Income Households for the Term. The rent for such additional units will not exceed the rent established for Lower Income Households by the California Tax Credit Allocation Committee (“TCAC”) or its successor entity. To the extent that TCAC or any other entity records a covenant or regulatory agreement against the Property, a violation of such covenant or regulatory agreement will constitute a violation of this Covenant.
(d) Amendment of Covenant. This Covenant may be amended only upon the written consent of the City.
[SIGNATURES ON FOLLOWING PAGE]
3 2048\12\3554030.2
STATE OF CALIFORNIA )
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
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.
4 2048\12\3554030.2
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
ALL THAT REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN, CITY OF LODI, DESCRIBED AS FOLLOWS:
A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC CO., SAID POINT LYING SOUTH 03°55’00” WEST, 458.46 FEET FROM THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE 172.65 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 2995.00 FEET, A CENTRAL ANGLE OF 03°18’10” AND A LONG CHORD WHICH BEARS NORTH 81°32’51” EAST; THENCE 571.20 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 2200.00 FEET, A CENTRAL ANGLE OF 14°52’34” AND A LONG CHORD WHICH BEARS NORTH 70°00’42” EAST; THENCE NORTH 83°07’34” EAST, 177.98 FEET; THENCE NORTH 87°42’00” EAST, 121.97 FEET; THENCE 40.32 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 25.00 FEET; A CENTRAL ANGLE OF 92°24’08” AND A LONG CHORD WHICH BEARS SOUTH 46°05’56” EAST; THENCE NORTH 00°06’08” EAST, 40.00
FEET WEST OF AS MEASURED PERPENDICULAR TO, THE EAST LINE OF SAID SOUTHWEST QUARTER, 150.13 FEET; THENCE 38.22 FEET, ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 87°35’52” AND A LONG CHORD WHICH BEARS SOUTH 43°54’04” WEST; THENCE SOUTH 87°42’00” WEST, 132.81 FEET; THENCE 193.62 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 900.00 FEET, A
CENTRAL
ANGLE OF 12°19’35” AND A LONG CHORD WHICH BEARS SOUTH 76°57’28” WEST;
THENCE SOUTH 81°10’58” WEST 555.07 FEET; THENCE 125.68 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 2805.00 FEET; A CENTRAL ANGLE OF 02°34’02” AND A LONG CHORD WHICH BEARS SOUTH 81°10’47” WEST TO A POINT IN THE EAST RIGHT-OF-WAY LINE THE SOUTHERN PACIFIC CO.; THENCE SOUTH 03°55’00” WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, 193.61 FEET TO THE POINT OF BEGINNING.
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C-1
EXHIBIT C
FORM OF DEED OF TRUST
1 2048\01\3542812.1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Lodi
221 West Pine Street
Lodi, CA 95240
Attention: City Manager
No fee for recording pursuant to
Government Code Sections 27383 and 27388.1
CONSTRUCTION AND PERMANENT
DEED OF TRUST WITH ASSIGNMENT OF RENTS,
SECURITY AGREEMENT, AND FIXTURE FILING
(__________ Apartments)
THIS CONSTRUCTION AND PERMANENT DEED OF TRUST WITH
ASSIGNMENT OF RENTS, SECURITY AGREEMENT, AND FIXTURE FILING (“Deed of Trust”) is made as of ____________, by and among Delta Community Developers Corp., a California nonprofit public benefit corporation (“Trustor”), Old Republic Title Company, a California corporation (“Trustee”), and the City of Lodi, a municipal corporation (“Beneficiary”).
FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness herein recited and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions hereinafter set forth, Trustor’s fee interest in the property located in the City of Lodi, County of San Joaquin, State of California, that is described in the attached Exhibit A, incorporated herein by this reference (the “Property”).
TOGETHER WITH all interest, estates or other claims, both in law and in equity which Trustor now has or may hereafter acquire in the Property and the rents; TOGETHER WITH all easements, rights-of-way and rights used in connection therewith or as a means of access thereto, including (without limiting the generality of the foregoing) all tenements, hereditaments and appurtenances thereof and thereto; TOGETHER WITH any and all buildings and improvements of every kind and description now or hereafter erected thereon, and all property of the Trustor now or hereafter affixed to or placed upon the Property;
TOGETHER WITH all building materials and equipment now or hereafter delivered to said property and intended to be installed therein;
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TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property, and any and all sidewalks, alleys and strips and areas of land adjacent to or used in connection with the Property;
TOGETHER WITH all estate, interest, right, title, other claim or demand, of every nature, in and to such property, including the Property, both in law and in equity, including, but not limited to, all deposits made with or other security given by Trustor to utility companies, the proceeds from any or all of such property, including the Property, claims or demands with respect to the proceeds of insurance in effect with respect thereto, which Trustor now has or may hereafter acquire, any and all awards made for the taking by eminent domain or by any proceeding or purchase in lieu thereof of the whole or any part of such property, including without limitation, any awards resulting from a change of grade of streets and awards for severance damages to the extent Beneficiary has an interest in such awards for taking as provided in Paragraph 4.1 herein;
TOGETHER WITH all of Trustor’s interest in all articles of personal property or fixtures now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the Property which are necessary to the complete and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or will be, attached to said building or buildings in any manner; and
TOGETHER WITH all of Trustor’s interest in all building materials, fixtures, equipment, work in process and other personal property to be incorporated into the Property; all goods, materials, supplies, fixtures, equipment, machinery, furniture and furnishings, signs and other personal property now or hereafter appropriated for use on the Property, whether stored on the Property or elsewhere, and used or to be used in connection with the Property; all rents, issues and profits, and all inventory, accounts, accounts receivable, contract rights, general intangibles, chattel paper, instruments, documents, notes drafts, letters of credit, insurance policies, insurance and condemnation awards and proceeds, trade names, trademarks and service marks arising from or related to the Property and any business conducted thereon by Trustor; all replacements, additions, accessions and proceeds; and all books, records and files relating to any of the foregoing.
All of the foregoing, together with the Property, is herein referred to as the “Security.” To have and to hold the Security together with acquittances to the Trustee, its successors and assigns forever.
FOR THE PURPOSE OF SECURING THE FOLLOWING OBLIGATIONS (together, the “Secured Obligations”):
A. Payment to Beneficiary of all sums at any time owing under or in connection with (i) the Note (defined in Section 1.4 below) until paid in full or cancelled, and (ii) any other amounts owing under the Loan Documents (defined in Section 1.3 below). Principal and other
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payments are due and payable as provided in the Note or other Loan Documents, as applicable.
The Note and all its terms are incorporated herein by reference, and this conveyance secures any and all extensions thereof, however evidenced;
B. Payment of any sums advanced by Beneficiary to protect the Security pursuant to the terms and provisions of this Deed of Trust following a breach of Trustor’s obligation to advance said sums and the expiration of any applicable cure period, with interest thereon as provided herein;
C. Performance of every obligation, covenant or agreement of Trustor contained herein and in the Loan Documents; and
D. All modifications, extensions and renewals of any of the Secured Obligations (including without limitation, (i) modifications, extensions or renewals at a different rate of interest, or (ii) deferrals or accelerations of the required principal payment dates or interest payment dates or both, in whole or in part), however evidenced, whether or not any such modification, extension or renewal is evidenced by a new or additional promissory note or notes.
AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES:
ARTICLE 1
DEFINITIONS
In addition to the terms defined elsewhere in this Deed of Trust, the following terms have the following meanings in this Deed of Trust:
Section 1.1 The term “Default Rate” means the lesser of the maximum rate permitted by law and ten percent (10%) per annum.
Section 1.2 The term “Loan” means the loan made by the Beneficiary to the Trustor in the amount of _______________ Dollars ($_____________-).
Section 1.3 The term “Loan Documents” means this Deed of Trust, the Note, and the Affordable Housing Covenant, and any other agreements, debt, loan or security instruments between Trustor and the Beneficiary relating to the Loan.
Section 1.4 The term “Note” means the promissory note in the principal amount of ______________ Dollars ($________) of even date herewith, executed by Trustor in favor of the Beneficiary, as it may be amended or restated, the payment of which is secured by this Deed of Trust. The terms and provisions of the Note are incorporated herein by reference.
Section 1.5 The term “Principal” means the amounts required to be paid under the Note.
Section 1.6 The term “Affordable Housing Covenant” means the Affordable Housing Covenant of even date recorded by the Beneficiary against the Property.
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ARTICLE 2
MAINTENANCE AND MODIFICATION OF THE PROPERTY
AND SECURITY
Section 2.1 Maintenance and Modification of the Property by Trustor.
The Trustor agrees that at all times prior to full payment and performance of the Secured Obligations, the Trustor will, at the Trustor’s own expense, maintain, preserve and keep the Security or cause the Security to be maintained and preserved in good condition. The Trustor will from time to time make or cause to be made all repairs, replacements and renewals deemed proper and necessary by it. The Beneficiary has no responsibility in any of these matters or for the making of improvements or additions to the Security.
Trustor agrees to pay fully and discharge (or cause to be paid fully and discharged) all claims for labor done and for material and services furnished in connection with the Security, diligently to file or procure the filing of a valid notice of cessation upon the event of a cessation of labor on the work or construction on the Security for a continuous period of thirty (30) days or more, and to take all other reasonable steps to forestall the assertion of claims of lien against the Security or any part thereof. Trustor irrevocably appoints, designates and authorizes Beneficiary as its agent (said agency being coupled with an interest) with the authority, but without any obligation, to file for record any notices of completion or cessation of labor or any other notice that Beneficiary deems necessary or desirable to protect its interest in and to the Security or the Loan Documents; provided, however, that Beneficiary exercises its rights as agent of Trustor only in the event that Trustor fails to take, or fails to diligently continue to take, those actions as hereinbefore provided.
Upon demand by Beneficiary, Trustor shall make or cause to be made such demands or claims as Beneficiary specifies upon laborers, materialmen, subcontractors or other persons who have furnished or claim to have furnished labor, services or materials in connection with the Security. Nothing herein contained requires Trustor to pay any claims for labor, materials or services which Trustor in good faith disputes and is diligently contesting provided that Trustor shall, within thirty (30) days after the filing of any claim of lien, record in the Office of the Recorder of San Joaquin County, a surety bond in an amount 1 and 1/2 times the amount of such claim item to protect against a claim of lien.
Section 2.2 Granting of Easements.
Trustor may not grant easements, licenses, rights-of-way or other rights or privileges in the nature of easements with respect to any property or rights included in the Security except those required or desirable for installation and maintenance of public utilities including, without limitation, water, gas, electricity, sewer, telephone and telegraph, or those required by law, and as approved, in writing, by Beneficiary.
Section 2.3 Assignment of Rents.
(a) As part of the consideration for the indebtedness evidenced by the Note, Trustor hereby absolutely and unconditionally assigns and transfers to Beneficiary all the rents and revenues of the Property including those now due, past due, or to become due by virtue of
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any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the rents and revenues of the Property are payable. Trustor hereby authorizes Beneficiary or Beneficiary’s agents to collect the aforesaid rents and revenues and hereby directs each tenant of the Property to pay such rents to Beneficiary or Beneficiary’s agents; provided, however, that prior to written notice given by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents, Trustor shall collect and receive all rents and revenues of the Property as trustee for the benefit of Beneficiary and Trustor to apply the rents and revenues so collected to the Secured Obligations with the balance, so long as no such breach has occurred, to the account of Trustor, it being intended by Trustor and Beneficiary that this assignment of rents constitutes an absolute assignment and not an assignment for additional security only. Upon delivery of written notice by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents, and without the necessity of Beneficiary entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Beneficiary shall immediately be entitled to possession of all rents and revenues of the Property as specified in this Section 2.3 as the same becomes due and payable, including but not limited to, rents then due and unpaid, and all such rents will immediately upon delivery of such notice be held by Trustor as trustee for the benefit of Beneficiary only; provided, however, that the written notice by Beneficiary to Trustor of the breach by Trustor contains a statement that Beneficiary exercises its rights to such rents. Trustor agrees that commencing upon delivery of such written notice of Trustor’s breach by Beneficiary to Trustor, each tenant of the Property shall make such rents payable to and pay such rents to Beneficiary or Beneficiary’s agents on Beneficiary’s written demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering such demand to each rental unit, without any liability on the part of said tenant to inquire further as to the existence of a default by Trustor.
(b) Trustor hereby covenants that except in connection with senior financing, Trustor has not executed any prior assignment of said rents, that Trustor has not performed, and will not perform, any acts or has not executed and will not execute, any instrument which would prevent Beneficiary from exercising its rights under this Section 2.3, and that at the time of execution of this Deed of Trust, there has been no anticipation or prepayment of any of the rents of the Property for more than two (2) months prior to the due dates of such rents. Trustor covenants that Trustor will not hereafter collect or accept payment of any rents of the Property more than two (2) months prior to the due dates of such rents. Trustor further covenants that Trustor will execute and deliver to Beneficiary such further assignments of rents and revenues of the Property as Beneficiary may from time to time request.
(c) Upon Trustor’s breach of any covenant or agreement of Trustor in the Loan Documents, Beneficiary may in person, by agent or by a court-appointed receiver, regardless of the adequacy of Beneficiary’s security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all on such terms as are deemed best to protect the security of this Deed of Trust. In the event Beneficiary elects to seek the appointment of a receiver for the Property upon Trustor’s breach of any covenant or agreement of Trustor in this Deed of Trust,
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Trustor hereby expressly consents to the appointment of such receiver. Beneficiary or the receiver will be entitled to receive a reasonable fee for so managing the Property.
(d) All rents and revenues collected subsequent to delivery of written notice by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents are to be applied first to the costs, if any, of taking control of and managing the Property and collecting the rents, including, but not limited to, attorney’s fees, receiver’s fees, premiums on receiver’s bonds, costs of repairs to the Property, premiums on insurance policies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Trustor as lessor or landlord of the Property and then to the sums secured by this Deed of Trust. Beneficiary or the receiver is to have access to the books and records used in the operation and maintenance of the Property and will be liable to account only for those rents actually received. Beneficiary is not liable to Trustor, anyone claiming under or through Trustor or anyone having an interest in the Property by reason of anything done or left undone by Beneficiary under this Section 2.3.
(e) If the rents of the Property are not sufficient to meet the costs, if any, of taking control of and managing the Property and collecting the rents, any funds expended by Beneficiary for such purposes will become part of the Secured Obligations. Unless Beneficiary and Trustor agree in writing to other terms of payment, such amounts are payable by Trustor to Beneficiary upon notice from Beneficiary to Trustor requesting payment thereof and will bear interest from the date of disbursement at the Default Rate.
(f) If the Beneficiary or the receiver enters upon and takes and maintains control of the Property, neither that act nor any application of rents as provided herein will cure or waive any default under this Deed of Trust or invalidate any other right or remedy available to Beneficiary under applicable law or under this Deed of Trust. This assignment of rents of the Property will terminate at such time as this Deed of Trust ceases to secure the Secured Obligations.
ARTICLE 3
TAXES AND INSURANCE; ADVANCES
Section 3.1 Taxes, Other Governmental Charges and Utility Charges.
Trustor shall pay, or cause to be paid, prior to the date of delinquency, all taxes, assessments, charges and levies imposed by any public authority or utility company that are or may become a lien affecting the Security or any part thereof; provided, however, that Trustor is not required to pay and discharge any such tax, assessment, charge or levy so long as (a) the legality thereof is promptly and actively contested in good faith and by appropriate proceedings, and (b) Trustor maintains reserves adequate to pay any liabilities contested pursuant to this Section 3.1. With respect to taxes, special assessments or other similar governmental charges, Trustor shall pay such amount in full prior to the attachment of any lien therefor on any part of the Security; provided, however, if such taxes, assessments or charges can be paid in installments, Trustor may pay in such installments. Except as provided in clause (b) of the first sentence of this paragraph, the provisions of this Section 3.1 may not be construed to require that
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Trustor maintain a reserve account, escrow account, impound account or other similar account for the payment of future taxes, assessments, charges and levies.
In the event that Trustor fails to pay any of the items required by this Section to be paid by Trustor, Beneficiary may (but is under no obligation to) pay the same, after the Beneficiary has notified the Trustor of such failure to pay and the Trustor fails to fully pay such items within seven (7) business days after receipt of such notice. Any amount so advanced therefor by Beneficiary, together with interest thereon from the date of such advance at the maximum rate permitted by law, will become part of the Secured Obligations secured hereby, and Trustor agrees to pay all such amounts.
Section 3.2 Provisions Respecting Insurance.
(a) Trustor agrees to provide the following insurance during the course of construction and following completion, and at all times until all amounts secured by this Deed of Trust have been paid, all Secured Obligations secured hereunder have been fulfilled, and this Deed of Trust has been reconveyed:
(i) Worker’s Compensation insurance to the extent required by law, including Employer’s Liability coverage, with limits not less than One Million Dollars ($1,000,000) each accident.
(ii) Commercial General Liability insurance with limits not less than Two Million Dollars ($2,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations.
(iii) Automobile Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for owned, non-owned and hired vehicles, as applicable. (iv) Builders’ Risk insurance during the course of construction, and upon completion of construction, property insurance covering the Security, in form appropriate for the nature of such property, covering all risks of loss, excluding earthquake, for one hundred percent (100%) of the replacement value, with deductible, if any, acceptable to the Beneficiary, naming the Beneficiary as a Loss Payee, as its interests may appear. (b) Trustor shall cause any general contractor, agent, or subcontractor working on the Security under direct contract with Trustor or subcontract to maintain insurance of the types and in at least the minimum amounts described in subsections (a)(i), (a)(ii), and (a)(iii) above, except that the limit of liability for commercial general liability insurance for subcontractors must be One Million Dollars ($1,000,000), and must require that such insurance will meet all of the general requirements of subsections (d) and (e) below.
(c) The required insurance must be provided under an occurrence form.
Should any of the required insurance be provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs be included in
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such annual aggregate limit, such annual aggregate limit must be three times the occurrence limits specified above.
(d) Commercial General Liability, Automobile Liability and Property insurance policies must be endorsed to name as an additional insured the Beneficiary and its council members, agents, and employees.
(e) All policies are to contain (i) the agreement of the insurer to give the Beneficiary at least thirty (30) days’ notice prior to cancellation (including, without limitation, for non-payment of premium) or any material change in said policies; (ii) an agreement that such policies are primary and noncontributing with any insurance that may be carried by the Beneficiary; (iii) a provision that no act or omission of Trustor shall affect or limit the obligation of the insurance carrier to pay the amount of any loss sustained; and (iv) a waiver by the insurer of all rights of subrogation against the Beneficiary and its authorized parties in connection with any loss or damage thereby insured against.
Section 3.3 Advances.
In the event the Trustor fails to maintain the full insurance coverage required by this Deed of Trust or fails to keep the Security in accordance with the Loan Documents, the Beneficiary, after at least seven (7) days prior notice to Trustor, may (but is under no obligation to) (i) take out the required policies of insurance and pay the premiums on the same, and (ii) make any repairs or replacements that are necessary and provide for payment thereof. All amounts so advanced by the Beneficiary will become part of the Secured Obligations (together with interest as set forth below) and will be secured hereby, which amounts the Trustor agrees to pay on the demand of the Beneficiary, and if not so paid, will bear interest from the date of the advance at the Default Rate.
ARTICLE 4
DAMAGE, DESTRUCTION OR CONDEMNATION
Section 4.1 Awards and Damages.
Subject to the rights of senior lenders, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of (1) the taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (2) any damage to or destruction of the Property or any part thereof by insured casualty, and (3) any other injury or damage to all or any part of the Property (collectively, the “Funds”) are hereby assigned to and are to be paid to the Beneficiary by a check made payable to the Beneficiary. The Beneficiary is authorized and empowered (but not required) to collect and receive any Funds and is authorized to apply them in whole or in part to any indebtedness or obligation secured hereby, in such order and manner as the Beneficiary determines at its sole option. The Beneficiary is entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the Beneficiary may be released to Trustor upon such conditions as the
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Beneficiary may impose for its disposition. Application of all or any part of the Funds collected and received by the Beneficiary or the release thereof will not cure or waive any default under this Deed of Trust. The rights of the Beneficiary under this Section 4.1 are subject to the rights of any senior mortgage lender. The Beneficiary shall release the Funds to Trustor to be used to reconstruct the improvements on the Property provided that Beneficiary reasonably determines that Trustor (taking into account the Funds) has sufficient funds to rebuild the improvements in substantially the form that existed prior to the casualty or condemnation.
ARTICLE 5
AGREEMENTS AFFECTING THE PROPERTY; FURTHER
ASSURANCES; PAYMENT OF PRINCIPAL AND INTEREST
Section 5.1 Other Agreements Affecting Property.
The Trustor shall duly and punctually perform all terms, covenants, conditions and agreements binding upon it under the Loan Documents and any other agreement of any nature whatsoever now or hereafter involving or affecting the Security or any part thereof.
Section 5.2 Agreement to Pay Attorneys’ Fees and Expenses.
In the event of any Event of Default (as defined in Section 7.1) hereunder, and if the Beneficiary employs attorneys or incurs other expenses for the collection of amounts due hereunder or the enforcement of performance or observance of an obligation or agreement on the part of the Trustor in this Deed of Trust, the Trustor agrees that it will, on demand therefor, pay to the Beneficiary the reasonable fees of such attorneys and such other reasonable expenses so incurred by the Beneficiary. Any such amounts paid by the Beneficiary will be added to the Secured Obligations, and will bear interest from the date such expenses are incurred at the Default Rate.
Section 5.3 Payment of the Principal.
The Trustor shall pay to the Beneficiary the Principal and any other payments as set forth in the Note in the amounts and by the times set out therein.
Section 5.4 Personal Property.
To the maximum extent permitted by law, the personal property subject to this Deed of Trust is deemed to be fixtures and part of the real property and this Deed of Trust constitutes a fixtures filing under the California Commercial Code. As to any personal property not deemed or permitted to be fixtures, this Deed of Trust constitutes a security agreement under the California Commercial Code.
Section 5.5 Financing Statement.
The Trustor shall execute and deliver to the Beneficiary such financing statements pursuant to the appropriate statutes, and any other documents or instruments as are required to convey to the Beneficiary a valid perfected security interest in the Security. The Trustor shall
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perform all acts that the Beneficiary reasonably requests so as to enable the Beneficiary to maintain a valid perfected security interest in the Security in order to secure the payment of the Note in accordance with its terms. The Beneficiary is authorized to file a copy of any such financing statement in any jurisdiction(s) as it deems appropriate from time to time in order to protect the security interest established pursuant to this instrument.
Section 5.6 Operation of the Security.
The Trustor shall operate the Security (and, in case of a transfer of a portion of the Security subject to this Deed of Trust, the transferee shall operate such portion of the Security) in full compliance with the Loan Documents.
Section 5.7 Inspection of the Security.
At any and all reasonable times upon seventy-two (72) hours’ notice, the Beneficiary and its duly authorized agents, attorneys, experts, engineers, accountants and representatives, may inspect the Security, without payment of charges or fees.
Section 5.8 Nondiscrimination.
The Trustor herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there will be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, age, sex, sexual orientation, source of income, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Security, nor will the Trustor itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Security. The foregoing covenants run with the land.
ARTICLE 6
HAZARDOUS WASTE
Section 6.1 Trustor shall keep and maintain the Property (including, but not limited to, soil and ground water conditions) in compliance with all Hazardous Materials Laws and shall not cause or permit the Property to be in violation of any Hazardous Materials Law (defined below).
Trustor may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or about the Property or transportation to or from the Property of (i) any substance, material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “toxic materials”, “toxic waste”, “toxic substances,” or words of similar import under any Hazardous Materials Law (collectively referred to hereinafter as “Hazardous Materials”), except such of the foregoing as may be customarily used in construction or operation of a multi-family residential development.
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Section 6.2 Trustor shall immediately advise Beneficiary in writing if at any time it receives written notice of: (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Trustor or the Property pursuant to any applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto (“Hazardous Materials Law”); (ii) all claims made or threatened by any third party against Trustor or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter referred to as “Hazardous Materials Claims”); and (iii) Trustor’s discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as “border-zone property” under any regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law.
Section 6.3 Beneficiary has the right to join and participate in, as a party if it so elects, and be represented by counsel of its own choice in, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims, and to have its reasonable attorneys’ fees in connection therewith paid by Trustor.
Section 6.4 Trustor shall indemnify and hold harmless the Beneficiary and its councilmembers, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or attributable to: (i) any actual or alleged past or present violation of any Hazardous Materials Law; (ii) any Hazardous Materials Claim; (iii) any actual or alleged past or present use, generation, manufacture, storage, release, threatened release, discharge, disposal, transportation, or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation, cleanup, remediation, removal, or restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any other property); and (v) the breach of any representation of warranty by or covenant of Trustor in this Article.
Such indemnity shall include, without limitation: (x) all consequential damages; (y) the costs of any required or necessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by the Beneficiary in connection with clauses (x) and (y), including but not limited to reasonable attorneys’ fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property; (2) loss or restriction of use of rentable space on the Property; (3) adverse effect on the marketing of any rental space on the Property; and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive reconveyance of this Deed of Trust and will not be diminished or affected in any respect as a result of any notice, disclosure, or knowledge, if any, to or by the Beneficiary of Hazardous Materials.
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Section 6.5 Without Beneficiary’s prior written consent, which may not be unreasonably withheld, Trustor may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary’s reasonable judgment, impairs the value of the Beneficiary’s security hereunder; provided, however, that Beneficiary’s prior consent is not necessary in the event that the presence of Hazardous Materials on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain Beneficiary’s consent before taking such action, provided that in such event Trustor notifies Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Trustor will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial action which would result in less impairment of Beneficiary’s security hereunder; or (iv) the action has been agreed to by Beneficiary.
Section 6.6 The Trustor hereby acknowledges and agrees that (i) this Article is intended as the Beneficiary’s written request for information (and the Trustor’s response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other Loan Documents (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the property is intended by the Beneficiary and the Trustor to be an “environmental provision” for purposes of California Code of Civil Procedure Section 736.
Section 6.7 In the event that any portion of the Property is determined to be “environmentally impaired” (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3)) or to be an “affected parcel” (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1)), then, without otherwise limiting or in any way affecting the Beneficiary’s or the Trustee’s rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the Property and (2) exercise (a) the rights and remedies of an unsecured creditor, including reduction of its claim against the Trustor to judgment, and (b) any other rights and remedies permitted by law. For purposes of determining the Beneficiary’s right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), the Trustor will be deemed to have willfully permitted or acquiesced in a release or threatened release of hazardous materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any portion of the Property and the Trustor knew or should have known of the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys’ fees, incurred by the Beneficiary in connection with any action commenced under this paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to
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determine the degree to which the Property is environmentally impaired, plus interest thereon at the Default Rate until paid, will be added to the indebtedness secured by this Deed of Trust and will be due and payable to the Beneficiary upon its demand made at any time following the conclusion of such action.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES
Section 7.1 Events of Default.
The following are events of default following the expiration of any applicable notice and cure periods (each an “Event of Default”): (i) failure to make any payment to be paid by Trustor under the Loan Documents; (ii) failure to observe or perform any of Trustor’s other covenants, agreements or obligations under the Loan Documents, including, without limitation, the provisions concerning discrimination; and (iii) failure to make any payment within ten (10) days after receipt of notice of such failure or observe or perform any of Trustor’s other covenants, agreements, or obligations under any Secured Obligations, which default is not cured within the times and in the manner provided therein; provided, however, that Trustor shall have thirty (30) days after receipt of notice of such non-monetary failure to cure such failure and if such failure is incapable of being cured within thirty (30) days, Beneficiary will give Trustor such additional time as is reasonably necessary to cure such failure provided it has commenced to cure such failure within thirty (30) days and diligently proceeds to cure such failure. The Trustor’s limited partner shall have the right, but not the obligation, to cure any Trustor default under the Note or the Affordable Housing Covenant.
Section 7.2 Acceleration of Maturity.
If an Event of Default has occurred and is continuing, then at the option of the Beneficiary, the amount of any payment related to the Event of Default and all unpaid Secured Obligations are immediately due and payable, and no omission on the part of the Beneficiary to exercise such option when entitled to do so may be construed as a waiver of such right.
Section 7.3 The Beneficiary’s Right to Enter and Take Possession.
If an Event of Default has occurred and is continuing, the Beneficiary may:
(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security will not cure or waive any Event of Default or Notice of Sale (as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice of Sale, and, notwithstanding the continuance in possession of the Security, Beneficiary will be entitled to exercise every right provided for in this
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Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale;
(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof;
(c) Deliver to Trustee a written declaration of an Event of Default and demand for sale, and a written notice of default and election to cause Trustor’s interest in the Security to be sold (“Notice of Sale”), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of San Joaquin County; or
(d) Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing the Secured Obligations.
Section 7.4 Foreclosure By Power of Sale.
Should the Beneficiary elect to foreclose by exercise of the power of sale herein contained, the Beneficiary shall deliver to the Trustee the Notice of Sale and shall deposit with Trustee this Deed of Trust which is secured hereby (and the deposit of which will be deemed to constitute evidence that the Secured Obligations are immediately due and payable), and such receipts and evidence of any expenditures made that are additionally secured hereby as Trustee may require.
(a) Upon receipt of the Notice of Sale from the Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Sale as is then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after the lapse of that amount of time as is then required by law and after recordation of such Notice of Sale as required by law, sell the Security, at the time and place of sale set forth in the Notice of Sale, whether as a whole or in separate lots or parcels or items, as Trustee deems expedient and in such order as it determines, unless specified otherwise by the Trustor according to California Civil Code Section 2924g(b), at public auction to the highest bidder, for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed or any matters of facts will be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale.
(b) After deducting all reasonable costs, fees and expenses of Trustee, including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds of sale to payment of: (i) the unpaid Principal amount of the Note; (ii) all other Secured Obligations owed to Beneficiary under the Loan Documents; (iii) all other sums then secured hereby; and (iv) the remainder, if any, to Trustor.
(c) Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter, and without
15 2048\01\3542812.1
further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new Notice of Sale.
Section 7.5 Receiver.
If an Event of Default occurs and is continuing, Beneficiary, as a matter of right and without further notice to Trustor or anyone claiming under the Security, and without regard to the then value of the Security or the interest of Trustor therein, may apply to any court having jurisdiction to appoint a receiver or receivers of the Security (or a part thereof), and Trustor hereby irrevocably consents to such appointment and waives further notice of any application therefor. Any such receiver or receivers will have all the usual powers and duties of receivers in like or similar cases, and all the powers and duties of Beneficiary in case of entry as provided herein, and will continue as such and exercise all such powers until the date of confirmation of sale of the Security, unless such receivership is sooner terminated.
Section 7.6 Remedies Cumulative.
No right, power or remedy conferred upon or reserved to the Beneficiary by this Deed of Trust is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy will be cumulative and concurrent and will be in addition to any other right, power and remedy given hereunder or now or hereafter existing at law or in equity.
Section 7.7 No Waiver.
(a) No delay or omission of the Beneficiary to exercise any right, power or remedy accruing upon any Event of Default will exhaust or impair any such right, power or remedy, and may not be construed to be a waiver of any such Event of Default or acquiescence therein; and every right, power and remedy given by this Deed of Trust to the Beneficiary may be exercised from time to time and as often as may be deemed expeditious by the Beneficiary.
Beneficiary’s express or implied consent to breach, or waiver of, any obligation of the Trustor hereunder will not be deemed or construed to be a consent to any subsequent breach, or further waiver, of such obligation or of any other obligations of the Trustor hereunder. Failure on the part of the Beneficiary to complain of any act or failure to act or to declare an Event of Default, irrespective of how long such failure continues, will not constitute a waiver by the Beneficiary of its right hereunder or impair any rights, power or remedies consequent on any Event of Default by the Trustor.
(b) If the Beneficiary (i) grants forbearance or an extension of time for the payment or performance of any Secured Obligations, (ii) takes other or additional security or the payment of any sums secured hereby, (iii) waives or does not exercise any right granted in the Loan Documents, (iv) releases any part of the Security from the lien of this Deed of Trust, or otherwise changes any of the terms, covenants, conditions or agreements in the Loan Documents, (v) consents to the granting of any easement or other right affecting the Security, or (vi) makes or consents to any agreement subordinating the lien hereof, any such act or omission will not release, discharge, modify, change or affect the original liability under this Deed of Trust, or any other obligation of the Trustor or any subsequent purchaser of the Security or any part thereof, or any maker, co-signer, endorser, surety or guarantor (unless expressly released); nor will any such act or omission preclude the Beneficiary from exercising any right, power or privilege herein
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granted or intended to be granted in any Event of Default then made or of any subsequent Event of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Beneficiary, will the lien of this Deed of Trust be altered thereby.
Section 7.8 Suits to Protect the Security.
The Beneficiary has the power to (a) institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Security and the rights of the Beneficiary as may be unlawful or any violation of this Deed of Trust, (b) preserve or protect its interest (as described in this Deed of Trust) in the Security, and (c) restrain the enforcement of or compliance with any legislation or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment, rule or order would impair the Security thereunder or be prejudicial to the interest of the Beneficiary.
Section 7.9 Trustee May File Proofs of Claim.
In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement, adjustment, composition or other proceedings affecting the Trustor, its creditors or its property, the Beneficiary, to the extent permitted by law, will be entitled to file such proofs of claim and other documents as may be necessary or advisable in order to have the claims of the Beneficiary allowed in such proceedings and for any additional amount that becomes due and payable by the Trustor hereunder after such date.
Section 7.10 Waiver.
The Trustor waives presentment, demand for payment, notice of dishonor, notice of protest and nonpayment, protest, notice of interest on interest and late charges, and diligence in taking any action to collect any Secured Obligations or in proceedings against the Security, in connection with the delivery, acceptance, performance, default, endorsement or guaranty of this Deed of Trust.
ARTICLE 8
MISCELLANEOUS
Section 8.1 Amendments.
This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by Beneficiary and Trustor.
Section 8.2 Reconveyance by Trustee.
Upon written request of Beneficiary stating that all Secured Obligations have been paid or forgiven, and all obligations under the Loan Documents have been performed in full, and upon surrender of this Deed of Trust to Trustee for cancellation and retention, and upon payment by Trustor of Trustee’s reasonable fees, Trustee shall reconvey the Security to Trustor, or to the person or persons legally entitled thereto.
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Section 8.3 Notices.
If at any time after the execution of this Deed of Trust it becomes necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication must be in writing and is to be served: (a) personally, with a delivery receipt; (b) by certified United States mail, return receipt requested, postage prepaid; (c) express delivery service with a delivery receipt: and (1) if intended for Beneficiary is to be addressed to:
Beneficiary: City of Lodi
221 West Pine Street
Lodi, CA 95240
Attention: Steve Schwabauer, City Manager
Email: [email protected]
With copy to: Office of City Attorney
221 West Pine Street,
Lodi, CA 95240
Attention: Katie Lucchesi, Interim City Attorney
Email: [email protected]
and (2) if intended for Trustor is to be addressed to:
Trustor: Delta Community Developers Corp.
2575 Grand Canal Boulevard, Suite 220
Stockton, CA 95207
Attention: Executive Director
Email: [email protected]
With copy to: Goldfarb & Lipman LLP
1300 Clay Street, Floor 11
Oakland, CA 94612
Attention: M David Kroot
[email protected]
Any notice, demand or communication will be deemed given, received, made, or communicated on the date shown on the delivery receipt as the date of delivery; the date delivery is refused by the addressee; or the date the item was returned as undeliverable; as shown on the return receipt. Any party may change its address at any time by giving written notice of such change to the other parties, in the manner provided herein, at least ten (10) days prior to the date such change is desired to be effective.
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Section 8.4 Successors and Joint Trustors.
Where an obligation created herein is binding upon Trustor, the obligation also applies to and binds any transferee or successors in interest. Where the terms of the Deed of Trust have the effect of creating an obligation of the Trustor and a transferee, such obligation will be deemed to be a joint and several obligation of the Trustor and such transferee. Where Trustor is more than one entity or person, all obligations of Trustor will be deemed to be a joint and several obligation of each and every entity and person comprising Trustor.
Section 8.5 Captions.
The captions or headings at the beginning of each Section hereof are for the convenience of the parties and are not a part of this Deed of Trust.
Section 8.6 Invalidity of Certain Provisions.
Every provision of this Deed of Trust is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court or other body of competent jurisdiction, such illegality or invalidity will not affect the balance of the terms and provisions hereof, which terms and provisions will remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, will be considered to have been first paid or applied to the full payment of that portion of the debt that is not secured or partially secured by the lien of this Deed of Trust.
Section 8.7 Governing Law.
This Deed of Trust is governed by the laws of the State of California.
Section 8.8 Gender and Number.
In this Deed of Trust, the singular includes the plural and the masculine includes the feminine and neuter and vice versa, if the context so requires.
Section 8.9 Deed of Trust, Mortgage.
Any reference in this Deed of Trust to a mortgage also refers to a deed of trust and any reference to a deed of trust also refers to a mortgage.
Section 8.10 Actions.
Trustor shall appear in and defend any action or proceeding purporting to affect the Security.
Section 8.11 Substitution of Trustee.
Beneficiary may from time to time substitute a successor or successors to any Trustee
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named herein or acting hereunder to execute this Trust. Upon such appointment, and without conveyance to the successor trustee, the latter will be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution is to be made by written instrument executed by Beneficiary, containing reference to this Deed of Trust and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, will be conclusive proof of proper appointment of the successor trustee.
Section 8.12 Statute of Limitations.
The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed of Trust is hereby waived to the full extent permissible by law.
Section 8.13 Acceptance by Trustee.
Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided by law, the Trustee is not obligated to notify any party hereto of a pending sale under this Deed of Trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee is a party unless brought by Trustee Section 8.14 Subordination to Bank _________ Loan.
This Deed of Trust is in all respects subject to and subordinate in priority to that certain Deed of Trust executed by Trustor of even date herewith, securing a loan from _________ to Trustor in the amount of _____________________ Dollars ($____________), and recorded contemporaneously herewith in the Official Records of San Joaquin County.
Section 8.15 Tax Credit Provisions.
Notwithstanding anything to the contrary contained herein or in any documents secured by this Deed of Trust or contained in any subordination agreement, the Beneficiary acknowledges and agrees that in the event of a foreclosure or deed-in-lieu of foreclosure (collectively, “Foreclosure”) with respect to the Security encumbered by this Deed of Trust, the following rule contained in 26 U.S.C. Section 42(h)(6)(E)(ii), as amended, applies:
For a period of three (3) years from the date of Foreclosure, with respect to an existing tenant of any low-income unit, (i) such tenant may not be subject to eviction or termination of their tenancy (other than for good cause), (ii) nor may such tenant’s gross rent with respect to such unit be increased, except as otherwise permitted under Section 42 of the Internal Revenue Code.
[Remainder of page intentionally left blank]
[Signatures on following page]
Signature page
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IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written.
TRUSTOR:
By: Delta Community Developers Corp.,
a California nonprofit public benefit corporation,
By: _______________________
Peter W. Ragsdale
Executive Director
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ____________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
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.
A-1
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EXHIBIT A
LEGAL DESCRIPTION
The land referred to is situated in the County of San Joaquin, City of Lodi, State of California, and is described as follows:
A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC CO., SAID POINT LYING SOUTH 03°55’00” WEST, 458.46 FEET FROM THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE 172.65 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 2995.00 FEET, A CENTRAL ANGLE OF 03°18’10” AND A LONG CHORD WHICH BEARS NORTH 81°32’51” EAST; THENCE 571.20 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 2200.00 FEET, A CENTRAL ANGLE OF 14°52’34” AND A LONG CHORD WHICH BEARS NORTH 70°00’42” EAST; THENCE NORTH 83°07’34” EAST, 177.98 FEET; THENCE NORTH 87°42’00” EAST, 121.97 FEET; THENCE 40.32 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 25.00 FEET; A CENTRAL ANGLE OF 92°24’08” AND A LONG CHORD WHICH BEARS SOUTH 46°05’56” EAST; THENCE NORTH 00°06’08” EAST, 40.00
FEET WEST OF AS MEASURED PERPENDICULAR TO, THE EAST LINE OF SAID SOUTHWEST QUARTER, 150.13 FEET; THENCE 38.22 FEET, ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 87°35’52” AND A LONG CHORD WHICH BEARS SOUTH 43°54’04” WEST; THENCE SOUTH 87°42’00” WEST, 132.81 FEET; THENCE 193.62 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 900.00 FEET, A CENTRAL ANGLE OF 12°19’35” AND A LONG CHORD WHICH BEARS SOUTH 76°57’28” WEST; THENCE SOUTH 81°10’58” WEST 555.07 FEET; THENCE 125.68 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 2805.00 FEET; A CENTRAL ANGLE OF 02°34’02” AND A LONG CHORD WHICH BEARS SOUTH 81°10’47” WEST TO A POINT IN THE EAST RIGHT-OF-WAY LINE THE SOUTHERN PACIFIC CO.; THENCE SOUTH 03°55’00” WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, 193.61 FEET TO THE POINT OF BEGINNING.
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D-1
EXHIBIT D
DEVELOPMENT SCHEDULE
This Development Schedule summarizes the schedule for various activities under the Disposition and Development Agreement (the “Agreement”) to which this exhibit is attached.
Times for performance set forth in this Development Schedule are subject to the provisions of the Agreement, and may be amended or otherwise revised in accordance with the Agreement.
The description of items in this Development Schedule is meant to be descriptive only, and will not be deemed to modify in any way the provisions of the Agreement to which such items relate.
Section references to the Agreement are intended merely as an aid in relating this Development Schedule to other provisions of the Agreement and will not be deemed to have any substantive effect.
Prior to the time set forth for each particular submission, the Developer will consult with City staff, informally as necessary concerning such submission in order to assure that such submission will be complete and in a proper form within the time for submission set forth herein.
Items 1 through 7 of this schedule set s forth the dates for actions with respect to the Developments. Items 8 through 11 will be accomplished separately for each Phase.
Action
Date
1. Effective Date. The Agreement is executed by the
Parties.
________ (the “Effective Date”).
2. Submittal of Scope of Development. The Developer
will submit the proposed Scope of Development.
[§ 2.2]
Within 90 days of the Effective
Date
3. CEQA/NEPA Review. The City will undertake the
CEQA/NEPA Review. [§ 2.3]
Within 30 days after Scope of
Development is completed.
4. Appraisal. The Developer will submit the Appraisal
to the City. [§ 2.4]
Within 60 days after the
Effective Date.
5. Financing Plan. The Developer will submit the
Financing Plan. [§ 2.5]
Within 90 days after the
Effective Date
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D-2
Action
Date
6. Property Subdivision. The City will subdivide the
Property into two parcels. [§ 2.7]
If the Parties determine to
proceed with the Development
after completion of the
CEQA/NEPA analysis, the City
will subdivide the Property
within 30 days after the date of
the CEQA Notice of
Determination and the NEPA
approval of the Request for
Release of Funds
7. Submittal for City Approvals. Developer will submit
materials for City Approvals [§ 4.1]
Within 90 days of the Property
Subdivision and transfer of the
Property to the Developer.
8. Application for Building Permit. The Developer will apply for building permit for the Improvements.
[§ 4.2]
At least 90 days before the
proposed Construction Loan
Closing Date.
9. Construction Contract. The Developer will submit
the proposed Construction Contract.
[§ 4.3]
At least 30 days before the
proposed Construction Loan
Closing Date.
10. Construction Bonds. The Developer will deliver the construction bonds to the City. [§4.4]
At least 30 days before the
proposed Construction Loan
Closing Date.
11. Developer Insurance. The Developer will provide
the City all applicable insurance policies required by
the Agreement. [§ 4.5]
At least 30 days before the
proposed Construction Loan
Closing Date..
E–1
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EXHIBIT E
FORM OF PROMISSORY NOTE
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PROMISSORY NOTE
(___________ Apartments)
$_____________ Lodi, California
___________, _202_
FOR VALUE RECEIVED, Delta Community Developers Corp., a California nonprofit public benefit corporation ("Borrower"), promises to pay to the order of the City of Lodi, a municipal corporation ("Lender"), the principal sum of _______________Dollars ($_______), plus interest on the principal sum pursuant to Section 2 below.
1. Borrower's Obligation. This promissory note (the "Note") evidences Borrower's obligation to pay Lender the principal amount of ____________ Dollars ($________) for the funds loaned to Borrower by Lender (the "Loan") to assist in the development of fifty four (54 affordable housing \units, including one (1) manager's unit, and accessory uses (the "Improvements") on real property located in the City of Lodi, California (the "Property”, collectively the "Development". The Loan will be disbursed to Borrower upon Close of Escrow as defined in the Disposition and Development Agreement between Borrower and Lender.
2. Interest. The outstanding principal balance of this Note will bear interest at the rate of .01% simple interest; provided, however, if a Default occurs (defined in Section 8 below), interest on the principal balance will begin to accrue, as of the date of Default and continuing until such time as the Loan funds are repaid in full or the Default is cured, at the default rate of the lesser of ten percent (10%), compounded annually, or the highest rate permitted by law.
3. Security. This Note is secured by a Construction and Permanent Deed of Trust, Fixture Filing, Assignment of Rents and Security Agreement (the "Deed of Trust"), of even date with this Note, in which Borrower is the Trustor and Lender is the Beneficiary, covering Borrower's interest in the Land and fee interest in the Improvements, to be recorded in the Official Records of San Joaquin County.
4. Affordable Housing Covenant. In addition to this Note and the Deed of Trust, the Loan is also evidenced by an Affordable Housing Covenant recorded against the Property in the Official Records of San Joaquin County (the "Affordable Housing Covenant"). This Note, the Deed of Trust, and the Affordable Housing Covenant, are collectively referred to as the "Loan Documents".
5. No Assumption. This Note is not assumable by the successors and assigns of Borrower without the prior written consent of Lender, except as follows: The assignment or assumption of this Note by: (a) a limited partnership; provided that the Delta Community Developers Corp. (“DCDC), or an entity under the control of DCDC, remains a General Partner throughout the Term; (b) a limited liability company in which the DCDC or an entity under the Control of DCDC, remains a member or the manager throughout the Term; or (3) DCDC or a nonprofit corporation under the control of the DCDC throughout the Term.
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6. Term and Repayment Requirements.
(a) Term. The term of this Note (the "Term"), commences with the date of this Note and expires no later than the date that is the fifty-fifth (55th) anniversary of the date a final certificate of occupancy, or equivalent document is issued by the City of Lodi to certify that the Development may be legally occupied (the "Completion Date"); provided, however, if a record of the Completion Date cannot be located or established, the Term expires on the fifty- seventh (57th) anniversary of the date of this Note.
(b) Periodic Payments. No periodic payments are due under this Note.
(c) Payment in Full. All principal and accrued interest on the Loan is due and payable upon the earlier to occur of: (i) the date of any Default, and (ii) the expiration of the Term.
(d) Right to Prepay. Borrower may prepay the Loan, in whole or in part, at any time without premium or penalty. However, the Affordable Housing Covenant will remain in effect for the entire Term, regardless of any prepayment.
7. Terms of Payment.
(a) Borrower will make all payments due under this Note in currency of the United States of America, which at the time of payment is lawful for the payment of public and private debts. All payments on this Note are to be paid to Lender at the City of Lodi, 221 West Pine Street, Lodi, CA 95240, or to such other place as Lender may from time to time designate.
All payments on this Note are without expense to Lender. Borrower will pay all costs and expenses, including reconveyance fees and reasonable attorney's fees of Lender, incurred in connection with the payment of this Note and the release of any security of this Note.
(b) Notwithstanding any other provision of this Note, or any instrument securing the obligations of Borrower under this Note, if, for any reason whatsoever, the payment of any sums by Borrower pursuant to the terms of this Note would result in the payment of interest that exceeds the amount that Lender may legally charge under the laws of the State of California, then the amount by which payments exceed the lawful interest rate will automatically be deducted from the principal balance owing on this Note, so that in no event is Borrower obligated under the terms of this Note to pay any interest that would exceed the lawful rate.
(c) This Loan is non-recourse to Borrower, and Borrower will not be personally liable for any payments due under this Note.
8. Default.
(a) Any of the following constitutes an event of default under this Note (each, a "Default"):
(i) Any failure to pay, in full, any payment required under this Note within ten (10) days of written notice that such payment is due;
2048\12\3553975.1 3
(ii) The occurrence of any event of default under the Affordable Housing Covenant, Deed of Trust, or other instrument securing the obligations of Borrower under this Note or under any other promissory notes hereafter issued by Borrower to Lender pursuant to the Deed of Trust, subject to notice and cure periods, if any, set forth in such documents.
(b) Upon the occurrence of a Default which is not cured within any applicable cure period, the entire unpaid principal balance, together with all interest thereon, and together with all other sums then payable under this Note and the Deed of Trust will at the option of Lender become immediately due and payable without further demand.
(c) Lender's failure to exercise the remedy set forth in Subsection 8(b) above or any other remedy provided by law upon the occurrence of one or more of the foregoing events of Default does not constitute a waiver of the right to exercise any remedy at any subsequent time in respect to the same or any other Default. The acceptance by Lender of any payment which is less than the total of all amounts due and payable at the time of such payment does not constitute a waiver of the right to exercise any of the foregoing remedies or options at that time or at any subsequent time, or nullify any prior exercise of any such remedy or option, without the express consent of Lender, except as and to the extent otherwise provided by law.
(d) Borrower's limited partner will have the right, but not the obligation, to cure any Default under this Note or the Affordable Housing Covenant.
9. Waivers.
(a) Borrower waives diligence, presentment, protest and demand, and notice of protest, notice of demand, and notice of dishonor of this Note. Borrower expressly agrees that this Note or any payment hereunder may be extended from time to time, and that Lender may accept further security or release any security for this Note, all without in any way affecting the liability of Borrower.
(b) Any extension of time for payment of this Note or any installment of this Note made by agreement by Lender with any person now or later liable for payment of this Note must not operate to release, discharge, modify, change or affect the original liability of Borrower under this Note, either in whole or in part.
(c) The obligations of Borrower under this Note are absolute and Borrower waives any and all rights to offset, deduct or withhold any payments or charges due under this Note for any reason whatsoever.
10. Miscellaneous Provisions.
Formal notices, demands, and communications between Lender and Borrower will be sufficiently given if and will not be deemed given unless dispatched by: (1) certified mail, postage prepaid, return receipt requested; (2) by reputable express delivery service with a delivery receipt; (3) delivered personally, with a delivery receipt; or (4) by electronic mail with delivery confirmation, to the principal office of the Parties as follows:
2048\12\3553975.1 4
Lender: City of Lodi
221 West Pine Street
Lodi, CA 95240
Attention: Steve Schwabauer, City Manager
Email: [email protected]
With copy to: Office of City Attorney
221 West Pine Street,
Lodi, CA 95240
Attention: Katie O. Lucchesi, Interim City Attorney
Email: [email protected]
Borrower: Delta Community Developers Corp.
2575 Grand Canal Boulevard, Suite 220
Stockton, CA 95207
Attention: Peter W. Ragsdale, Executive Director
Email: [email protected]
With copy to: Goldfarb & Lipman LLP
1300 Clay Street, Floor 11
Oakland, CA 94612
Attention: M. David Kroot
[email protected]
Delivery will be deemed to have occurred on the date shown on the delivery receipt or delivery confirmation as the date of delivery, the date delivery was refused, or the date shown on the delivery receipt or delivery confirmation as the date delivery was attempted if the item is returned as undeliverable. Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected party may from time to time designate by mail as provided in this Section.
(a) Borrower promises to pay all costs and expenses, including reasonable attorney's fees, incurred by Lender in the enforcement of the provisions of this Note, regardless of whether suit is filed to seek enforcement.
(b) This Note is governed by and construed in accordance with the laws of the State of California. The times for the performance of any obligations under this Note are strictly construed, time being of the essence.
(c) This Note may not be changed orally, but may only be modified upon the written consent of Lender and Borrower.
[Signatures on following page]
Signature Page
2048\12\3553975.1
IN WITNESS WHEREOF, Borrower has caused this Note to be executed and delivered on the date set forth above.
BORROWER:
Delta Community Developers Corp.,
a California nonprofit public benefit corporation,
By: _________________________
Peter W. Ragsdale, Executive Director
F–1
2048\12\3549397.2
EXHIBIT F
SCOPE OF DEVELOPMENT
WQ F. BAMBAS APPRAISAL COMPANY
Real Estate Appraisers • Consultants
WILLIAM F. BAMBA S, MAI
[email protected]
Astrid a Trupovni eks
Business Development Manager
Economi c Deveiopme nt Department
City of Lodi
221 W. Pine Street
P.O. Box 3006
Lodi, California 952 41 - 1910
December 13, 2022
Subject : Appraisal of Century Boulevard-East of UPRR
Dear Ms. Trup ovni.eks,
Pursuant to our agre:e:ment, I have made: investigation of the proper ty cited ~bove for the purpose of developing an op inion of market value as of a currcarH: effective valuation date. The subject of this appra isal. involves approximate ly 2.45 -acres, being a portion of the existin g Century ~ouJevard tight or ~Ya¥ ~RO\l)J'.}, 01,med by the City of Lodi and mostiy unimpirovie1tt Thi.: p,op~rty ~$ 2>.t th,~ W~$t teri.-ni~atio~ ,of C~~tur>f Boulevard east of the UPRR tracks in southeast Lodi.
It is my understanding the intended use of the appraisa l is to assist the City of Lodi with internal planning, whi ch may include dispos iti on of the 'property; the City of Lodi is the sole intended user of this appraisal. The valuation is developed and reported in conformance with th e 2022-23 Edition of the Uniform Standards of Professional Appraisal Practice (USPAP); and the Code of Ethics and Professional Apprai sal Standards of the Apprais al lnsitute . Within this Appraisal Report you wil l find an identificat ion and descri ption ,of the appra ised property, a discussion of market conditions and highest and best use, and a presentation of data and summ ary of the analysis made in developing the value opi nion. The effective valuation date is December 6, 2022, th e date of the appraisa l site inspection; the final report date is December 13, 2022.
The appra isal and resultin g opinion of value is developed with general and specifi c assumption s and limi ting condition s as cited th roughout th e report and with in the attach ment s. In particu lar, thi s market value appra isal requires use of a hypothetical condition, as defined by USPAP, that considers the subject as a separate legal and salable parcel as of the effective valuation date. The appra isal is also made with extraordinary assump tions regarding the site area, probable zon ing, and public utility easements. Reference the attached Assum pti.on s, Limitin g Conditions 'and Definitions . 2605 Sheridan Way Stockton, California 95207-6650 Office: (209) 478-9204 Mobile: (209) 48i- 1616 Century Boulevard, East of UPRR, Lodi
Google Aerial Image
Based on the appraisal investigation and analysis made, as described in the balance of th is report, my opinion of market value for the_ real property identified as Century Boulevard, east of the UPRR in Lodi, as of December 6, 2022, is $500,000.
Subject Vicinity
The property appra ised involves existing City of Lodi right of way (ROW) being the west termination of Century Boulevard east of the UPRR line and west of Stockton Street in southeast Lodi. The location is generally south of Kettleman Lane, north of Harney Lane, east of West Lane and west of Cherokee Road and Highway 99. Reference the following Vicinity Map and aerial image. Note that the active north-south rail line serves to sever the neighborhood east- west, and a long anticipated grade separation at Century Boulevard has been permanently abandoned by the City with the recent developed rail overpass at Harney Lane.
The immediate subject vicinity is mixed-use, including industrial both north and south from subject between Stockton Street and the UPRR, and residential subdivision east of Stockton Street to Cherokee Road. The City's Salas Park is adjacent on the south side of Century Boulevard with a self- storage facil ity adjacent on the north.
Century Boulevard east from Stockton Street is a neighborhood collector that extends east ' to Cherokee Road with ADT cited by the City of Lodi at 3,370 vehicles as of August 2022. Stockton Street is a north - south colletor thru central Lodi extending from Harney Lane to Turner Road, with ADT at l 0,590 vehicles in the subject vicinity, an increase of l 0.7% since 2014.
South of Salas Park, the industrial product includes mostly modern service warehouse facilities from l 5 to 50 years in age, with new commercial-service use at the immediate Stockton Street intersection with Harney Lane. North from subject, the use transitions to older industry nearer central Lodi along the historic 2 Century Boulevard, East of UPRR, Lodi
(SPRR) north - south rail corridor serving the community. East of Stockton Street, the residential product is modern detached single family residential units dating to the 1990s. Homes are typically 3- 4 bedroom, average cost quality evidencing transaction pricing from $460,000 to $520,000 over the past 12 months on limited activity.
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Immediately west of the railroad, the Century Boulevard ROW is developed as Century Park, serving a somewhat older residential neighborhood with mixed density housing, including single family, duplex units and apartments extending west to West Lane. West Lane, a primary north-south route which transitions to Hutchins Street north of Kettleman Lane. Century Boulevard extends west through south Lodi as a neighborhood collector, terminati .ng at Lower Sacramento Road.
Whereas f he immediate vicinity is long established, the southeast Lodi area is experiencing new development south of Harney Lane. The Reynolds Ranch Development involves a mixed commercial residentia l project on 200+ acres in the southwest quadrant of the Harney Lane intersection with Highway 99.
The development is inclusive of big box users including Costco, Home Depot, and Dick's Sporting Goods, a range of smaller retail and commercial service providers, and an anticipated 900+ residential units on full build - out. To date, the commercial land is fully absorbed, the residential product roughly 85% built - out. 3 Century Boulevard, East of UPRR, Lodi
San Joaquin Co 5/20
In summary, the appraised property is within a long-established mixed - use suburban neighborhood that is genera lly and built-out . The wide range of industrial product evidences little overa ll vacancy, with sporadic new construction or bu ilding renovation, and on-going sale and lease activity. The surrounding resident ial product has evidenced price and rent increases consistent with the broader Lodi community over the past several years . The neighborhood has average local accessibility with reasonable proximity to Highway 99, alo ng with major retail and consumer services.
Subject Property
A legal descript ion fo r the appraised property was not provided. From the Assessor's Map copied below, the property is within a Portion of the Southwest ¼ of Section 13, Township 3 North, Range 6 East, Mount Diablo Base & Meridian. No warranty is made as to the true legal description.
The property is not identified by the San Joaquin County Assessor for tax assessment, but the ROW is shown on Assessor Parcel Book 062 at Page 28. From the Assessor Map site dimensions for subj ect or adjacent parce ls, supplemented by Google aerial images, ' my estimate of the land area with in the Century Boulevard ROW between Stockton Street and the UPRR is +/- 2.45 acres, or l 06,722 sf. The irregular elongated site configuration has an approximate east-west length from +/-880' to 920' and north -south width at+/- 75' to 190'. Note this site area does not include the land identified as part of the Congressiona l Grant to the railroad, and the site size is relied upon with an extraordinary assumption.
The property ownership is assumed to be the City of Lodi and the ROW was likely dedicated as part of the original neighborhood approvals and construction decades earlier. There have been no apparent 4 Century Boulevard, East of UPRR, Lodi
ownership transfers with in three years of the effective date and/or this appraisal engagement. To my knowledge, there are no pending sales, outstanding purchase offers, or any active listing of the property as of the effective date.
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The land area is largely undeveloped, however, with underground municipal utility infrastructure including wate r, sewer and storm drain lines along the south and north boundaries, as reported . The east portion of the site is developed with existing street improvements including concrete curb, gutter and sidewa lks on the north and south lines bordering the asphalt paved roadway. Along with mun icipal uti lities cited, the area is served by Lodi Police and Fire, and is within the Lodi Unified School District.
Looking west across Stockton St to Century Blvd
5 Century Boulevard, East of UPRR, Lodi
The subject site is within an Industrial (M) zone, wherein the underlying General Plan identity appears equally as Industrial and Open Space. The appraisal is made with an extraordinary assumption that probable zoning for private sector use would remain Industrial.
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I was not provided a title (or prelimary) report and specific research into title condit ions is beyond the appraisal scope.
As public ROW, current conditions are not suitable to any private. sector development and the appraisa l is made with a hypothetical condition the property is a legal and salable parcel with clear title and unencumbered by public utility or other easements, except those specifically identified herein. To wit, for any private sector use, the City would retain an easement for those areas with existing underground utility infrastructure as shown on the "Exhibit B" in the attachments, as provided for a 2017 appraisal. The easement area is shown at 0.63 acres encompassing the south site boundary from much of the parcel length, but traversing through the northern half of the east site area. Note the apparent water line along the north boundary is not cited within a proposed easement. The affect of the easement encumbrances on the assumed legal parcel is considered in the valuation.
In addition to the PUE, the east portion of the site may require an access easement for the north adjacent private ownership developed as a self-storage facility with ~he existing main access from Century Boulevard. This valuation is made with an extraordinary assumption that an access easement will encumber the northeast portion ;of the subject site. Considering a reasonable width at 30' and approximate depth to the self - storage access drive at + /- l 50', the area affected is estimated at 4,500 sf, the equ ivalent of 0.1 0-acres. 6 Century Boulevard, East of UPRR, Lodi
Not included in the subject site area, it is noteworthy that the private sector property to the north and the City park to the south each encompass and utilize the "Congressional (railroad) grant" area within their parcel boundaries.
West view of Century Blvd ROW, north adjacent parcel
access drive to right.
West view of Century Blvd ROW, extends beyond fence.
I am not aware of any speqific adverse environmental conditions within the useable site area: the appraisal assumes none exist. Noted is the active railroad line adjacent the west subject boundary.
Valuation Comments
Local Market Conditions
Local real estate market conditions have been mostly stable to positive over the past 24 months, despite the widespread economic havoc created by the government response to the COVID- 19 crises. For improved commercial product (retail/office) and industrial, rent levels, vacancy, cap rates and pricing are largely unchanged or improved over 2019 and, after an obvious decline in sales and lease activity from March to October 2020, market activity rebounded thru 2021 with historic low interest rates. The recent FED rate hikes are not evident in the local non-residential real estate market to - date, however, are intended to slow economic activity overall in an effort to cool inflation now running at a 40-year high.
Within the industrial market segment, the following charts depict market metrics involving sales activity and pricing, and vacancy and rent trend data evident in the market over the past several years, as compiled in a Costar analytics report prepared by W.F. Bambas Appraisal Co. December 2022. 7 Century Boulevard, East of UPRR, Lodi
Sal es Volume
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Despite obvious volatility in total sales volume, significant sales activity was apparent thru 20~ l and, afte r a slow start in 2022, sale activity has continued as a reasonable level thru most of the current year in the face of rising interest rates. Pricing, as measured on building area, has mostly trended up over the period shown , with relative strong price growth evident over most of the past 24 months.
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Vacancy levels and asking rent trends are depicted in the following graphs and, where vacancy increased rapidi ly at the commencement of the COVID pandemic, marketwide vacancy has declined to levels at or near historic market lows, despite some continued new building activ ity.
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Industrial land activity has mostly trended consistent with the overall improved market and in general, there has been increasing land activity and pricing for a range of urban use suited to immediate or near-term development.
In total, the San Joaquin County industrial market is relatively strong, with evidence of new user activity, rising rents, and new construction with sustained absorption over the past six years. While the impact of rising interest rates is not yet evident in local market metrics, the intent of the FED is to slow economic activity wh ich, in turn, may result in softening market conditions thru 2023. Longer term, the local industrial sector should compete favorably in the region, in particular industry relating to transportation and agri business.
Highest and Best Use
In a market value appraisal, highest and best use is the reasonably probable and legal use of vacant land or improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possib ility, financial feasibility, and maximum productivity.
To reiterate, the subject of this appraisal is owned by the City of Lodi and contains roughly 2.45 acres within the Century Boulevard ROW, with existing street improvements in the east site area near the Stockton Street intersection. The property is part of an established mixed-use neighborhood in southeast Lodi that is largerly built-out to a range of industrial use along the UP rail corridor, with a public park immediately south, modern detached single family homes to the east, and mixed residential density west of the UPRR. i
In public ownership with partial use as street ROW, the land is part of a broader industrial zoned district that, excepting south adjacent Salas Park, runs north-south between the railroad and Stockton Street thru much of the City. The Lodi General Plan appears to indicate land use as Industria l and Open Space. Like zoning, lar:id use to the north and south is Industrial with south adjacent Salas Park cited as Open Space.
With industrial zoning, allowable use includes a range of manufacturing, processing , and warehousing use, along with service type industry and business, and some retail, office and consumer services. Resident ial use is generally prohibited.
Given the existing industrial zone and location in a long -establishe d industrial use corridor wherein Century Boulevard term inates at the railroad, the most probable use in the private sector is industrial. While 9 Century Boulevard, East of UPRR, Lodi
commercial use is allowed within the City's M zone, the site has limited retail use viability, but could serve a range of consumer service businesses, light or service industrial users, open (screened) storage or industrial yard type use, etc. With residential use prohibited in the M zone, any change in zoning to allow for residential use is speculative, however, with residential use west and east and existing Salas Park to the south, it is conceivable that some buyers would seek to rezone the property (w/General Plan amendment) for some type of higher density residential development.
Lacking any unforeseen influence, I am of the opinion that the highest and best use of the appraised property, as of the current effective valuation date, is for industrial utilization, but with some speculative potential for alternative suburban land use.
Valuation Methodology
For vacant land with immediate industrial use potential, applicable valuation methodology includes the Sales Comparison Approach.
For corridor or public owned ROW land, wherein private sector zoning or land use is uncertain, traditional appraisal methodology is limited in applicability and appraisal analysis often involves an "across the fence (ATF) value" which is defined in the Dictionary of Real Estate Appraisal (7th Edition) as follows:
"In the valuation of real estate corridors, the value concluded based on comparison with adjacent lands before the consideration of any other adjustmets factors." (IRWA) I
The ATF method is a variation of the sales comparision approach, wherein transaction data reflecting the abbuting land (industrial) is considered relative to the property appraised. The methodology dates to the early 1900s and was originally mandated by the Interstate Commerce Commission (ICC) for valuing railroad lands, and has been mostly upheld in case law for nearly a century.
Sales Comparison - ATF Land Value
Given public ownership and location as part of an existing street ROW, developing a value opinion for the subject land via direct sales comparison is problematic, as there is typically little or no active market for such public land. While I am aware of other ROW abandonments and/or sales over many years, there is no apparent recent activity in Lodi, while public agency sales to private sector ownership often reflect non economic considerations that are inconsistent with a market value analysis. Considering the ATF methodology, the valuation involves direct comparison with transaction activity involving industrial zoned land in the Lodi community and greater San Joaquin County market area.
The market investigation involved researching public records, various on-line sources, subscriber data bases, and interview with industry and market participants including brokers, owners, and other appraisers. From this, the following represent the most recent sales of industrial land in Lodi and the broader San Joaquin County market area.
10 Century Boulevard, East of UPRR, Lodi
Mkt Sale Sale Area '
Data Location Date Price (ac) $/sf Zoning Remarks
Lodi
l 530 N. Cluff Ave 7-21 $1,900,000 7.47 $5.84 M Existing ind yard impvts. 2 1399 E. Turner Rd 7- 21 $2, l 00,000 5.18 $9.31 M Finished site, east of Hwy 99 3 2427 Maggio Cr 4-21 $1,600,000 4.55 $8.07 M Vacant land in Maggio IP. 4 l 030 N. Guild Av 7-20 $ 825,000 4.51 $4.20 M Undevel. land, east of Hwy 99 San Joaguin Coun!Y
5 2101 E. Weber Av, Stkn 7-22 $2,800,000 5.77 $11.14 IL In-fill lot w/yard impvt s 6 700 Parallel Av, Ripon 9-21 $ 550,000 2.87 $ 4.40 M-1 In fill lot, mature mixed neighb. 7 3809 S. Airport Way, Stkn 8-21 $ 717,000 2.34 $ 7.03 IG Mature ind neighb, signaled crnr. 8 l 362 N. Shaw Rd, Stkn 3-21 $ 436,000 2.28 $ 4.39 1- W Mature ind neighb, Hwy 99 expsr 9 808 Zephyr Rd, Stkn 3-21 $1,352,500 3.45 $ 9.00 IG Vacnt site, Central Valley IP Subj.Century Blvd, Lodi 12-22 --- 2.45 M Existing ROW w/some street (effective date) impvts. Adjacent industrial
use/zone, and public park.
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In comparing the data with the appraised property, consideration is given to transactional variables inclu ding property rights transferred, financing terms, sale condition and market conditions at sale. For indu stria l land with imm ediate development potential, other comparisons cons ider location, and physical attributes such as site size, configuration, access, topography, utilities, etc.
Typical in this market and for direct comparison is for land sales to be considered based on price per square foot (sf) of land area, most often net-useable area for urban land with immediate development potential. As shown, the entire data set indicates a unit price range from $4.20 to $11.14 per sf on site size varying from 2.34 to 7.47 acres. It is my impression that Sales 4 and 7 will require some ROW dedication upon development and the site area depicted is gross acreage, which is factored in the direct compar ison.
Those Lodi area sales indi cate a price range from $4.20 to $9.31 per sf.
In considering subject's land value, Sales l and 5 each included industrial yard improvements and require downward adjustment for comparison. Given the reported and apparent existing improvements, Sale l is adjusted down at $1.50 per sf; Sale 5 at $3.00 per sf. With this, the overall price range for land is $4.20 to $9.31 per sf, with a mean (avg) unit price ·at $6.54 and median price at $7.03 (S7).
For the sales presented, none were known to be long-term leased and the rights transferred involve the fee simple estate. The appraisal assumes subject as a legal lot with no title encumbrances, and with the PUE easement along the north and south site boundaries within typical set- back areas, common for land within an established suburban neighborhood. None of the sales were encumbered by an access easement to the adjacent ownership. Considering the level of use acticipated with said access easement , it is my opinion the easement area will contribute no value to the subject site, and may prove adverse due to security and/or 11 .~
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maintenance issues. As such, this appraisal analysis considers the subject's non-encumbered area(+/- 2.35 acres) only in developing the current market value.
To my understanding, each of the sales involved all cash, or cash out to seller, with no atypical finanancing terms. There were no reported or apparent atypical sale conditions, although, it is not apparent that Sales l and 4 were professionally exposed to the market.
The effective valuation date for this appraisal is December 2022. The market data occurred from July 2020 to July 2022. As discussed, local industrial market conditions have been generally strong over the past several years including the 2020 - 2022 period encompassing the COVID crises. Whereas the specific data set is mostly inconclusive as to a trend in land pricing/values over the period depicted, market conditions countywide have been active, while land demand in Lodi has been on-going but limited overall. Comparison with subject likely warrants some upward adjustment to the mid-2020 Sale 4, applied at 5% annual appreciation for this analysis, to an adjusted $4.41 per sf.
For the specific Lodi area data, Sales l thru 3 involve mostly finished larger sites in established industrial districts. Sale 4 had adjacent utility availability but lacked improvements along the substantial road frontage. Sale 3 is most proximate to subject· located south of Salas Park in the Maggio IP, with some exposure along Harney Lane. All of the sales have superior configuration and larger size, with the market typically evidencing an inverse size-unit price relationship. In total, the Lodi area sales reflect unit pricing from $4.41 to 9.31 per sf on site area from 4.51 to 7.47 acres.
Of the five additional San Joaquin County sales which took place from March 2021 to July 2017, four are in Stockton and one is in Ripon. All have industrial zoning. Sale 5 is within an old mixed use neigborhood with significant residential blight, but has extensive industrial yard improvements with Highway 4 access less than 0.3 miles. Sale 6 is an in-fill site in·· a mature mixed residential and light-service industrial neighborhood, with Highway 99 access within 0.5 mile. Sale 7 is located at a signaled corner in an intensely developed industrial district in south Stockton with near proximity to the Stockton Airport. Sale 8 is in unincorporated east Stockton, in an older industrial neighborhood with Highway 99 exposure. Sale 9 is a finished site within a long-establish south Stockton industrial park.
In total, this regional San Joaquin County market data suggests industrial land values from $4.50 to $9.00 per sf on land area from 2.28 to 5.77 acres.
Land Market Value Conclusion
The available data is somewhat limited and less than definitive. Most relevant as to a base ATF industrial land valuation are those Lodi area sales which represent the breadth of the adjusted unit price range for the entire data set. In particular for this comparison, the subject's level of site development is most similar to S4 with the price indicators at $4.20 per sf, but which is overall inferior given size and extensive off-site site development requirements. This sale suggest value for subject at or above $4.50 per sf. Sales l thru 3 are superior with respect to existing site development and configuration, and similar to inferior regarding site size. These data suggest value at below $8.00 per sf. As noted, Sale l was not exposed to the open market and is given less weight in the final comparison. 12 Century Boulevard, East of UPRR, Lodi
Given the best available local area data known to this appraiser, and factoring the subject's potential market utility given the somewhat irregular configuration, location attributes, and general supply and demand conditions in the local market, I am of the opinion that current market value for the appraised property is supported within a range of $4.50 to $5.50 per sf. For the useable subject land area estimated at 2.35-acres (net of assumed access easement), the overall value is indicated at $460,000 to $565,000, rounded. From this, I have concluded market value for the Century Boulevard ROW at $500,000.
Respectfully submitted,
w~rc0
William F. Bambas, MAI
California Certified General Real Estate Appraiser# AG002955, Expires 4/25/23 Attachments
Maps - Region, Flood, PUE
Market Data Info
Assumptions, Limiting Conditions & Definitions
Appraiser's Certification
Professional Qualifications and California License
13 REGIONAL MAP SAN JOAQUIN COUNTY
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The information on this map is based on the most current information available to San Joaquin County Geographic Information Systems . . The County of San Joaquin does not warrant its accuracy, completeness, or suitability for any particular purpose.
The information on this map is not intended to replace engineering, financial or primary records research.
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CITY OF LODI
Assessor's Map Bk.062 Pg. 28
County of San Joaquin, Co#f.
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530 N Cluff Ave SOLD
Lodi, CA 95240
Sale on 7/20/2021 for $1,900,000 ($254,350.74/AC) - Research Complete Industrial Land of 7.47 AC (325,393 SF)
Recorded Buyer: 500 Cluff LLC
True Buyer: Daljit Singh
Daljit Singh
~78 W Mathews Rd
French Camp, CA 95231
(209) 924-4855
Buyer Type: Individual
Sale Date: 07/20/2021
Escrow Length: -
Sale Price: $1,900,000-Full Value
Price/AC Land Gross: $254,350.74 ($5.84/SF)
Zoning: IL
Transfer Tax: $2,090
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1E Victor Rd
Buyer & Seller Contact Info
Recorded Seller: Ford Family Trust
Transaction Details
True Seller: Ford Family Trust
Jami Ford
1358 Santa Clara St
Santa Clara, CA 95050
Seller Type: Trust
Sale Type: Investment
Land Area: 7.47 AC (325,393 SF)
Proposed Use: -
Percent Improved: -
Total Value Assessed: $1,125,805 in 2021
Improved Value Assessed -
Land Value Assessed: $1,125,805
Land Assessed/AC : $150,710
Financing: Down payment of $1,900,000.00 (100.0%)
Legal Desc: Parcels A-E BK 11 PG 14
Parcel A BK 13 PG 75
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Map data ©2 22
ID:5621375
Parcel No:
Document No:
Sale History:
049-340-08, 049-340-07, 049-340-10, 049-340-13, 049-340-11, 049-340-09 w\ ! z__~'x. c:,,-o,
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121571
Sold for $1,900,000 on 3/14/2022
Sold for $1,900,000 on 7/20/2021
Transaction Notes
One acre of industrial land at 530 N Cluff Ave sold for $1 ,900,000. Unable to confirm details with contacts. 0 ~VN1l,,A-"T7J/V'J' JDLA...,4,~E-
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Assessor's Block Numbers Shown in Ellipses.
CITY OF LODI
Assessor's Map Bk.049
County of San Joaquin,
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Pg.34
Calif .
1399 E Turner Rd
Lodi, CA 95240
Sale on 7/20/2021 for $2,100,000 ($405,405.41/AC)- Research Complete Industrial Land of 5. 18 AC (225,641 SF)
lm<:1ge Coming Soon
Recorded Buyer: DKCR Properties, Inc.
True Buyer: DKCR Properties, Inc.
David Vaccarezza
980 E Augusta Dr
Woodbridge , CA 95258
(209) 369-6887
Buyer Type : Individual
Buyer Broker : No Buyer Broker on Deal
Sale Date: 07/20/2021
Escrow Length:
Sale Price: $2, 100,000-Confirmed
Price/AC Land Gross: $405,405.41 ($9.31/SF)
Zoning:
Transfer Tax: $2,310
W nemas:er Way
E Tur r R
~
Buyer & Seller Contact Info
Recorded Seller: 1399 Turner Road LLC
True Seller: Grupe Holding Company
Kevin Huber
3255 W March Ln
Stockton, CA 95219
(877) 984-7873
Seller Type: Developer/Owner-RGNL
Listing Broker : Cushman & Wakefield
Tyson Vallenari
Transaction Details
(209) 425-3980
Kevin Dal Porto
I
(209) 425-3950
Blake Rasmussen
(209) 425-3940
Sale Type: Investment
Land Area: 5.18 AC (225,641 SF)
Proposed Use:
Percent Improved:
Total Value Assessed: $606,216
Improved Value Assessed
Land Value Assessed:
Land Assessed/AC:
$606,216
$117,030
Financing: Down payment of $2,100,000.00 (100.0%)
Off-Site lmprov : Cable, Curb/Gutter/Sidewalk, Electricity , Gas, Irrigation, Sewer, Streets, Telephone, Water Legal Desc:
Parcel No:
Document No:
BkK24 PG 187
049-330-23
121076
SOLD
ID:5635891
© 2022 costar Group - Licensed to W.F. Bambi ~;a;;pany-( Nb...._ 7Q L,Jcf, - 12/6/2022
1399 E Turner Rd
Industrial Land of 5.18 AC (225,641 SF) (con't)
Parcel Number: 049-330-23
Legal Description: -
County: San Joaquin
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Plat Map: 1399 E Turner Rd
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12/6/2022
E Harney Ln
Lodi, CA 95240
Sale on 4/23/2021 for $1,600,000 ($351,648.35/AC) - Research Complete Industrial Land of 4.55 AC (198,198 SF)
SOLD
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Buyer & Seller Contact Info
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Recorded Buyer: Ronald D. Reis Recorded Seller: Robert L & Carolyn Reynolds Family LLC
True Buyer: Ronald D. Reis
Ronald Reis
415 Crocker Ave
Pacific Grove, CA
Buyer Type : Individual
Donna L Reynolds Family LLC
True Seller: Robert L. & Carolyn W Reynolds
Robert Reynolds
33 E Tokay St
Lodi, CA 95240
(209) 369-2725
Seller Type: Other - Private
Transaction Details ID:5613336
Sale Date:
Escrow Length:
Sale Price:
Price/AC Land Gross:
Zoning:
Transfer Tax:
04/23/2021
$1,600,000-Full Value
$351,648.35 ($8.07/SF)
$1,760
Street Frontage: 331 feet on E Haney Lane
Financing: Down payment of $1,600,000.00 (100.0%)
$2,050,000.00 from Private Lender
Topography: Level
On-Site lmprov: Rough graded
Sale Type: Investment
Land Area: 4.55 AC (198,198 SF)
Proposed Use: Industrial
Percent Improved:
Total Value Assessed: $736,556 in 2021
Improved Value Assessed
Land Value Assessed:
Land Assessed/AC:
$736,556
$161,880
Off-Site lmprov: Cable, Curb/Gutter/Sidewalk, Electricity, Gas, Irrigation, Sewer, Streets, Telephone, Water Legal Desc: Par 1 bk 26 pg 169
Parcel No: 062-410-36
Document No: 072062
© 2022 costar Group. Licensed to W.F. Bambas Appraisal Company• 19703. 12/6/2022
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E Harney Ln
Industrial Land of 4.55 AC (198,198 SF) (can't)
Parcel Number: 062-410-36
Legal Description : -
County: San Joaquin
Plat Map: E Harney Ln
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1030 N Guild Ave
Lodi, CA 95240
Sale on 7/17/2020 for $825,000 ($182,926.83/AC)- Research Complete Industrial Land of 4.51 AC (196,456 SF)
lmgge Coming ~oon
Recorded Buyer: Roxy LLC
True Buyer: Gregory Stephens
Gregory Stephens
PO Box 1867
Lodi, CA 95241
(209) 333-8625
Buyer Type: Individual
Sale Date:
Escrow Length:
Sale Price:
Price/AC Land Gross:
07/17/2020
$825,000-Full Value
$182,926.83 ($4.20/SF)
Zoning: M
Transfer Tax: $907.50
ET~Rd
Buyer & Seller Contact Info
N Cu"ldA11e
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Recorded Seller: Ill L P B & La Ni2004 Trust
Transaction Details
True Seller : Martis Creek LP
Leo Burke
2488 Maggio Cir
Lodi, CA 95240
(209) 368-9051
Seller Type: Other - Private
Sale Type: Investment
Land Area: 4.51 AC (196,456 SF)
Proposed Use: Industrial
Percent Improved:
Total Value Assessed: $591,987 in 2019
Improved Value Assessed
Land Value Assessed:
Land Assessed/AC:
$591,987
$131,260
Financing: Down payment of $825,000.00 (100.0%)
Legal Desc: N1:/2 Lots 27 & 28, Eddleman Trt, Vol 1 of Maps and Plats, Pg 26.
Parcel No: 049-330-24
Document No: 086139
Transaction Notes
SOLD
Map data ©2022
ID: 5191914
The 4.51 acres of land property located at 1030 N Guild Ave in Lodi, CA was sold on 7/17/2020 to Gregory Stephens for $825,000.
We were able to verify the sale price, acreage & the parties involved in this transaction through public records; however, we were unable to reach either the seller or buyer in order to confirm additional details on this sale. © 2022 Costar Group - Licensed to W.F. Bambas Appraisal Com~ -197 ~ ~ (?--kW L-A.~ Pr-1
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12/6/2022
1030 N Guild Ave
Industrial L,and of 4.51 AC (196,456 SF) (con't)
Parcel Number: 049-330-24
Legal Description :
County: San Joaquin
Plat Map: 1030 N Guild Ave
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SOLD
049-33
F' I Fwl l
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CITY OF LODI
Assessols Map Bk.049 Pg.J
County of Sun Joaquin, Cc/if.
12/6/2022
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Reco;ded Buyer:
Tme B-uyer:
Bt:1yar Ty~:
Liberty lnvestmer.iis LlC
Mantej C Singh
1\/iantej Singh
1175 Doomo Way
Manteca, CA '95337
{925) 998-9516
Individual
Recorded Seller:
True Seller:
Seller Type:
Axis Group Inc
Sukhwant X Singh
Sukhwant Singh
103NESt
Stockton, CA 95205
(509) 393-3010
Individual
Sa'le Date: 0711912022 Sale Type: Investment
Esc~ow l engfa: - Land Area: 3.02 AC (131,551 SF)
S ale Price:
R~ice/AC Land Gress:
Zoning.:
Transfer Tax:
Off-Site lmprov:
l egal Oesc:
$1,458.,331-Allocateoi
$482 ,891.06 ($11.09/SF )
IL
$3,080
Proposed Use: -
Cable, Curb/Gutte r/Sidewalk , Electricity, Gas, Irrigation, Sewer, Streets, Telephon e, Water Lts 1 -48 Blk 25 & U s 11 - 35 Blk 13 Fair Oaks Trt Vol 1 Pg 46 Document No: 087694 ~
Sale History: Portfolio sale of 2 properties sold for $2,800,000 on 7/19/2022 ;, .•✓- ·;- _,...-~ ...... -- ..,,tbll!:-- M 1 ',( f,.. /) ~ ._I S:-'L / \,.;4,,-ff; 1-f'~ c-·"" 'Eransaction Notes · f;- ~ B b P.,l,,.O ~ G, ~ :< L--
-- · -- · ;vi~ s·r 17_1,A I c 1-::; t.>iG ,u- re➔ - ,- -· · This transaction was .for the sale of two adjacent industrial land parcels totaling 5. 77 acres:-'The properties sold on 7/19/2022 for $2,800,000. f
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700 Parallel Ave
Ripon, CA 95366
SOLD
Sale on 9/30/2021 for $550,000 ($191,637.63/AC) - Research Complete Industrial Land of 2.87 AC (125,017 SF)
E 4th S1
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Stouffer Park
Army Corps Parkq
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Map data ©2 22
Buyer & Seller Contact Info
Recorded Buyer: JKB Living Inc.
2370 W Monte Vista Ave
Turlock, CA 95382
(209) 495-8200
Buyer Type: Developer/Owner-RGNL
Sale Date: 09/30/2021 (325 days on market)
Escrow Length: -
Sale Price:
Asking Price:
Price/AC Land Gross:
$550,000-Full Value
850000
$191,637.63 ($4.40/SF) .
Zoning: M-1
On-Site lmprov: Rough graded
Recorded Seller: John Mark Co.
15127 S 73rd Ave
Orland Park, IL 60462
(708) 532-3444
Seller Type: Individual
Listing Broker: Lee & Associates Commercial Real·
Estate Service
Darren McFadden
(209) 983-6821
Transaction Details ID:5726580
Sale Type: Owner User
Land Area: 2.87 AC (125,017 SF)
Proposed Use: Industrial
Percent Improved : -
Total Value Assessed : $191,883 in 2021
Improved Value Assessed -
Land Value Assessed: $191,883
Land Assessed/AC : $66,858
Off-Site lmprov: Cable, Electricity, Gas, Irrigation, Sewer, Streets, Telephone, Water Parcel No:
Document No:
261-160-11
164406 ~)( ,s_·;""\ Na:,
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© 2022 CoStar Group - Licensed to W.F. Bambas Appraisa~any- 19~ , ... ,fi""r-1 (t'..viZ,.& '4 e,u -~,
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3809 S Airport Way - 2.34 Acres
Stockton, CA 95206
Sale on 8/10/2021 for $717,000 ($306,410.26/AC) - Research Complete Industrial Land of2.34AC (101,930 SF)
Buyer & Seller Contact Info
Recorded Buyer: Conor HHF Stockton Venture LLC Recorded Seller: Buzz Oates LLC
OK&B LLC
True Buyer: McShane Development Co. True Seller: Buzz Oates Daniel McShane
9500 W Bryn Mawr Ave
Rosemont, IL 60018
(847) 292-4300
Larry Allbaugh
555 Capitol Mall
Sacramento, CA 95814
(916) 379-3800
Buyer Type: Developer/Owner-NTL Seller Type: Developer/Owner-NTL Listing Broker: Buzz Oates Buyer Broker: CBRE
Sale Date:
Escrow Length:
Sale Price:
Price/AC Land Gross:
Zoning:
Lot Dimensions :
Transfer Tax:
Street Frontage:
Financing:
Topography:
On-Site lmprov:
Off-Site lmprov:
Improvements:
Legal Desc:
Tom Davis
(209) 476-2940
Transaction Details
08/10/2021 (2,225 days on market)
$717,000-Full Value
$306,410.26 ($7.03/SF)
M-2
Irregular
$788.70
165 feet on S Airport Way
563 feet on Zephyr St
Down payment of $717,000.00 (100.0%)
Level
Raw land
Sale Type:
Land Area:
Proposed Use:
Percent Improved:
Total Value Assessed :
Improved Value Assessed
Land Value Assessed :
Land Assessed/AC:
Michael Reed
(916) 379-3800
Investment
2.34 AC (101,930 SF)
Industrial
$194,253 in 2021
$194,253
$83,014
Cable, Curb/Gutter/Sidewalk, Electricity, Gas, Irrigation, Sewer, Streets, Telephone, Water Vacant Land ·
Parcel 2, Bk 12, Pg 72.
© 2022 Costar Group - Licensed to W.F. Bambas Appraisal Company-19703 .
SOLD
PARK
tvtap data ©2 22
ID:5638293
12/6/2022
1362 N Shaw Rd
Stockton, CA 95215
Sale on 3/19/2021 for $436,000 ($191,228.07/AC}- Public Record Industrial Land of 2.28 AC (99,317 SF}
Buyer & Seller Contact Info
Recorded Buyer: Wle Re Lie
True Buyer: Harley-Davidson
Andrew Westbrook
1000 Arden Way
Sacramento, CA 95815
(916) 929-4680
Buyer Type: Corporate/User
Buyer Broker: Lee & Associates Commercial Real
Estate Service
Jim Martin
(209) 983-4088
Recorded Seller: Parker T G Jr
True Seller:
Listing Broker: Colliers
Alex Hoeck
(209) 475-5107
Wes Widmer
(209) 475-5109
SOLD
Transaction Details ID:5651909
Sale Date: 03/19/2021 (574 days on market)
Escrow Length:
Sale Price: $436,000-Confirmed
Asking Price: 600000
Price/AC Land Gross: $191,228.07 ($4.39/SF)
Zoning : 1-W
Topography: Level
On-Site lmprov: Rough graded
Sale Type: Investment
Land Area: 2.28 AC (99,317 SF)
Proposed Use: Parking Lot, Retail Warehouse,
Warehouse
Percent Improved:
Total Value Assessed: $283,818 in 2021
Improved Value Assessed
Land Value Assessed: $283,818
' Land Assessed/AC: $124,481
Off-Site lmprov: Cable, Electricity, Gas, Irrigation, Sewer, Streets, Telephone, Water Parcel No: 143-260-06
Document No: 049736
© 2022 Costar Group- Licensed to W.F. Bambas Appraisal Company-19703. 12/6/2022
· r ($392,028.99'/A'C) - pl§te
82SF)
Recorded Buyer:
True Buyer :
Robert P Chrisp Revocable Trust
Robert P Chrisp Revocable Trust
Robert Chrisp
Buyer Type:
Buye~ Broker:
43650 Osgood Dr
Fremont, CA 94539
(209) 235-6833
Individ ual
CBRE
Bob Taylor
(209) 476-2920)
Sale Date: 03/18 /2021
Escnow l ength: •
Sale Price : $1,35 2,500-Confirme d
Pnice/AC Land Gross : .$392,028.99 .($9.00/SF)
Zoning: 1-G
Transfer Tax: $1 ,487.75
I l
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u
I
I
I
. I
Recorded Seller:
True Seller:
Seller Type:
Listing Broker;
Buzz Oates LLC
Buzz Oates
Larry Allbaugh
555 Capitol Mall
Sacramento, CA 958 14
(9 16) 379-3800
Developer/Own er-NTL
CBRE
Bob Taylor
(209) 476-29 20
Sale Type: Investment
Land Area: 3.45 AC (150,282 SF)
Proposed Use: Indu strial, Truck Termina l
Percent Improved : -
Total Value Assessed: $384,520 in 2021
Improved Value Assessed -
Fir.an cing:
T:opog~aphy:
On-Site impl'OV:
Off-Site lmprov:
Improvement s:
Legal Desc:
Parcel No:
Document No:
Down payment of $1,352, 500.00 (100.0%)
Level
Rough graded
Land Value Assessed : $384,52 0
Land Assessed/AC : $111,455
Cable, Curb/Gutter /Sidew alk, Electricity, Gas, Irrigation, Sewer, Streets, Telephone, Water Rough graded
Par 2 bk 23 pg 187
177-2 80-60
051769
© 2022 Cos tar Group. ~icensed•!O W.F. Bambas Appraisal Company - 19703 . 10: 59597.55
12/6/2022
Page44
Century Boulevard, East of UPRR, Lodi
ASSUMPTIONS, LIMITING CONDITIONS & DEFINITIONS
Extraordinary Assumptions and Hypothetical Conditions
A.
B.
C.
D.
The subject of this appraisal involves land owned by the City of Lodi which appears part of the long established public ROW identified as Century Boulevard, with the east site area presently developed with public street improvements. Inherent in a market value appraisal is an assumed sale of the property as of the effective valuation date. As-is, the subject does not appear to reflect a separate legal lot which is transferable in the open market. As such, this market value appraisal is made with a hypothetical condition that the land appraised is a legal and separately salable parcel as of the December 2022 effective valuation date.
The subject of this appraisal involves land owned by the City of Lodi, which appears to be within the estabilished Century Boulevard public ROW. The land area was not provided by the client, and the area relied upon for this appraisal was based on appraisal estimate using those readable dimensions on the existing Assessor Parcel Map and aerial images via Google Earth. Given some uncertainty in the land area as estimated, the appraisal is made with an extraordinary assumption as to the actual site size and dimensions.
The property as-is is owned by the City of Lodi, with the east +/-0.30-acres used for public street purposes and the balance of + /- 2.15-acres undeveloped and seemingly unutilized. The land appears on the City of Lodi Zoning Map as M, Industrial; with land use indicated on the Lodi General Plan as Industrial and Open Space. The broader neighborhood includes single family residential use east from Stockton Street and mixed residential density and use west of the UPRR. For this appraisal analysis, the likely private sector use is industrial as zoned. However, given the mixed neighborhood use, it is conceivable that a segment of the market would seek to rezone the land for alternative use, likely residential at a medium to high density. Given some uncertainty in land use potential for this existing public ROW, the appraisal is made with an extraordinary assumption that zoning for private sector use will be Industrial.
Reference attached Exhibit B that depicts existing underground city utility infrastructure to be retained in an easement upon abandonment of the street ROW and sale to the private sector. As a private sector parcel, such PUEs or other easements, encumbrances or atypical title issues could influence value. A title report was not provided and, given uncertainty as to title conditions and existing underground utility infrastructure, the appraisal is made with the extraordinary assumption that the property is not unduly burdended by easements, utility or street improvements, or other encumbrances that would cause a diminution in Century Boulevard, East of UPRR, Lodi
COVID Comments
market value, and that the land could be developed to urban use without prohibitive cost or regulatory delay.
Note that said extraordinary assumptions, if proven false, could have an affect on the market value opinion developed
In addition, and of particular relevance to any current valuation, the World Health Organization (WHO) declared the outbreak of the Novel Coronavirus (COVID-19) on January 30, 2020, which was reclassified as a worldwide pandemic on March 11, 2020. Response to the pandemic included international travel restrictions, business closure, prohibition of public gatherings and stay-at-home mandates across much of the world. In the U.S. and beyond, these measures resulted in rapidly escalating unemployment, business failures, extreme stock market volatility, and massive government monetary stimulus in an effort to sustain economic activity and avert catastrophic financial consequences for the populace.
Whereas many business segments had resumed operations by year-end 2020, large employment gains were made thru 2021, and vaccinations have being broadly distributed, certain real estate market segments have experienced negative value effects and there is general expectation that the crises has effected most all real property type in some manner, however, with wide variance in opinion as to the depth and duration of any negative impact and the overall influence on real estate activity and valuations. Given the on-going COVID-19 crises and degree of overall uncertainty in near-term public-health, economic, and social conditions, the appraisal is based on the best information available as of the report date, and any forecasts, projections, or conclusions cited may change significantly over the near to mid-term as market conditions evolve.
Standard Appraisal Assumptions and Limiting Conditions
1. This report and all matters contained herein are prepared on behalf of the appraisal client only. No responsibility is assumed for its possession, use or reliance on either factual data or conclusions by anyone other than the client, or other stated intended users. It is intended for use only for the purpose stated herein and only in its entirety.
2. The value estimated in this appraisal is bJsed on the assumption that the property is free of liens such as mortgages, deeds of trust, and judgments; and is not burdened by any other encumbrances including easement restrictions, special assessments, bonds, leases or other similar matters, except those specifically noted in this report.
3. Illustrations in this report are prepared to aid the reader in visualizing the property.
Dimensions and descriptions are based on public records and/or information furnished by others, and not meant to be used as references in matters of survey.
4. Information supplied by others and considered in the valuation is from sources believed to be reliable, but no further responsibility is assumed for its accuracy.
Century Boulevard, East of UPRR, Lodi
5. No responsibility is assumed for matters which are legal in nature, including the validity or accuracy of the legal description shown.
6. The value of oil, gas, timber, water and mineral rights, if any, were not considered in the value opinion developed.
7. Retained in the files of the appraiser are notes, maps, reports, descriptions and miscellaneous property data and market transaction data used in development of the value opinions.
8. The appraiser is not qualified to make any type of environmental judgment regarding the appraised property. Any comment by the appraiser that might suggest the possibility of the presence of such hazardous substances should not be taken as confirmation of the presence of hazardous waste and/or toxic materials. The presence of substances such as asbestos, urea-formaldehyde, foam insulation, petroleum or petroleum-related compounds, or other potentially hazardous materials may affect the value of the property. The value estimated in this appraisal assumes that no such materials exist on, in, or near the property and/or that the value is not impacted by such.
9. It is assumed that there are no hidden or unexpected conditions of the property which would adversely affect value.
10. The estimates contained in this report are the opinions of the appraiser based upon his interpretation of the data provided to or accumulated by him, and are not intended in any way to constitute a guarantee of value.
11. The appraiser disclaims responsibility for the ability or inability of the present owner or any future purchaser to obtain the permits, licenses, environmental impact studies, or other approvals necessary for the successful development of the property to its highest and best use or to the use contemplated by any owners or purchaser. The appraiser disclaims responsibility for, and renders no opinion on, conformity to specific governmental requirements, such as fire, building and safety, earthquake, or occupancy codes, which conformity cannot be verified without provision of specific professional or governmental inspection.
12. Testimony or participation in any litigation or arbitration by reason of this appraisal shall not be required unless financial and other arrangements have previously been made.
13. No soils or engineering data was furnished for this assignment; therefore, no responsibility is assumed for such matters.
Definitions
Market Value: The Appraisal Institute - Dictionary of Real Estate Appraisal (5th Edition; p-122) defines market value as: the most probable price that the specific property interest should sell for in a competitive market after a reasonable exposure time, as of a specified date, in cash, or in terms equivalent to cash, under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, for self-interest, and assuming that neither is under duress.
Century Boulevard, East of UPRR, Lodi
Fee Simple Estate: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.1
Leased Fee Interest: An ownership interest held by a landlord with the right of use and occupancy conveyed by lease to others, which usually consists of the right to receive rent and the right to repossession at the termination of the lease.2
Highest and Best Use: The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum profitability.3 Value As Is: The value of specific ownership rights to an identified parcel of real estate as of the effective date of the appraisal; relates to what physically exists and is legally permissible and excludes all assumptions concerning hypothetical market conditions or possible rezoning.4 Extraordinary Assumption: an assumption, directly related to a specific assignment, which, if found to be false, could alter the appraiser's opinions or conclusions.s Hypothetical Condition: that which is contrary to what exists but is supposed for the purpose of analysis.
Appraisal Institute, The Dictionary of Real Estate Appraisal, 4th ed. (Chicago: Appraisal Institute, 2002) 11 3.
Appraisal Institute, The Dictionary of Real Estate Appraisal, 4th ed. (Chicago: Appraisal Institute, 2002) 161.
Appraisal Institute, 135.
4 Appraisal Institute, 306.
The Appraisal Foundation, USPAP 2070-207 7 Edition, U-3.
Century Boulevard, East of UPRR, Lodi
APPRAISER'S CERTI FICA Tl ON
I certify that, to the best of my knowledge and belief:
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*
*
*
*
*
*
*
*
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the statements of fact contained in this report are true and correct; the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial and unbiased professional analyses, opinions and conclusions;
I have no present or prospective interest in the property that is the subject of this report, and have no personal interest or bias with respect to the parties involved; I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment; my engagement in this assignment was not contingent upon developing or reporting predetermined results; my compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal;
my analysis, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute; and the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation;
the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives;
as of the date of this report, William F. Bambas, MAI, has completed the requirements of the continuing education program of the Appraisal Institute;
I have made a personal inspection of the property that is the subject of this report; I have not appraised, nor rendered any other service, in regards to the subject property within three years of this appraisal engagement; and
no one other than the undersigned has substantially participated in the appraisal, prepared the analysis, 'conclusions and opinions concerning real estate that are set forth in this appraisal.
William F. Bambas, MAI
CA# AG002955, Expires 4/25/23
Date
Telephone (209) 478-9204
ASSOCIATION
EXPERIENCE
PROFESSIONAL
DESIGNATION
PROFESSIONAL
INVOLVEMENT
STATE
CERTIFICATION
EDUCATION
PROFESSIONAL QUALIFICATIONS
William F. Bambas, MAI
2605 Sheridan Way
Stockton, California 95207-6650
Direct E-Mail: [email protected]
2006 - Present, Owner -- W. F. Bambas Appraisal Company Facsimile (209) 952-0837
1992 - 2006, Partner -- Bambas & Willmette (aka Adams, Bambas & Willmette) From 1987 - 92, worked in association with Richard B. Bradford, MAI; Allan Thode, MAI; and Bruce R. Willmette, MAI.
Appraisal, appraisal review and value consultation for agricultural, commercial, industrial, multi-family residential, investment, recreation, and special purpose property throughout Northern California. Assignments prepared for public agencies, private individuals, federally regulated lenders, attorneys, trusts, partnerships, special districts, utilities, etc.; providing valuation services involving public acquisitions, condemnation, easement valuation, litigation support, mortgage financing, estate planning, tax filing, asset disposition-acquisition, and appraisal review. Qualified as expert witness in Superior Court in San Joaquin, Stanislaus and Merced Counties, California. Served as Review Appraiser for lending institutions, etc., since 1997.
Elected to membership in the Appraisal Institute, 1996, MAI No. l 0958.
Appraisal Institute
Member, Northern California Chapter
Member, Sacramento Sierra Chapter
Director, Northern California Chapter, 2001-2004
Representative, Region I, 2002-2004
2013 Spring Conference Committee - NorCal Chapter
State of California, State Certified General Real Estate Appraiser, No. AG002955 (Expires 4/25/23)
California State University, Hayward, 1985
Bachelor of Science, Business Administration - Finance/Economics Current on CE for Appraisal Institute and California State License -~ '
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G-1
EXHIBIT G
INSURANCE REQUIREMENTS
The Developer or the Partnership, as applicable, agrees to provide the following insurance during the course of construction and following completion, and at all times until the end of the term of the Affordable Housing Covenant:
(i) Worker’s Compensation insurance to the extent required by law, including Employer’s Liability coverage, with limits not less than One Million Dollars ($1,000,000) each accident.
(ii) Commercial General Liability insurance with limits not less than Two Million Dollars ($2,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations.
(iii) Automobile Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for owned, non-owned and hired vehicles, as applicable. (iv) Builders’ Risk insurance during the course of construction, and upon completion of construction, property insurance covering the Development, in form appropriate for the nature of such property, covering all risks of loss, excluding earthquake, for one hundred percent (100%) of the replacement value, with deductible, if any, acceptable to the City, naming the City as a Loss Payee, as its interests may appear. (a) The Developer or the Partnership, as applicable, shall cause any general contractor, agent, or subcontractor working on the Development under direct contract with the Developer or the Partnership, as applicable, or subcontract to maintain insurance of the types and in at least the minimum amounts described in subsections (a)(i), (a)(ii), and (a)(iii) above, except that the limit of liability for commercial general liability insurance for subcontractors must be One Million Dollars ($1,000,000), and must require that such insurance will meet all of the general requirements of subsections (d) and (e) below.
(b) The required insurance must be provided under an occurrence form.
Should any of the required insurance be provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs be included in such annual aggregate limit, such annual aggregate limit must be three times the occurrence limits specified above.
(c) Commercial General Liability, Automobile Liability and Property insurance policies must be endorsed to name as an additional insured the City and its council members, agents, and employees.
G-2
(d) All policies are to contain (i) the agreement of the insurer to give the City at least thirty (30) days’ notice prior to cancellation (including, without limitation, for non- payment of premium) or any material change in said policies; (ii) an agreement that such policies are primary and noncontributing with any insurance that may be carried by the City; (iii) a provision that no act or omission of the Developer or the Partnership, as applicable, shall affect or limit the obligation of the insurance carrier to pay the amount of any loss sustained; and (iv) a waiver by the insurer of all rights of subrogation against the City and its authorized parties in connection with any loss or damage thereby insured against.
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING
WITH THE HOUSING AUTHORITY OF THE COUNTY OF SAN JOAQUIN AND A
DISPOSITION AND DEVELOPMENT AGREEMENT WITH DELTA COMMUNITY DEVELOPERS CORP., A HOUSING AUTHORITY NONPROFIT AFFILIATE, AND
ANY OTHER ASSOCIATED DOCUMENTS IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY TO TRANSFER TITLE OF CITY ASSET TO DEVELOP 108 UNITS OF SENIOR AFFORDABLE HOUSING ADJACENT TO SALAS PARK
AT THE CENTURY BOULEVARD RIGHT-OF-WAY
========================================================================
WHEREAS, on November 4, 2020, the City Council adopted the San Joaquin Community Response to Homelessness – 2020 San Joaquin Strategic Plan (Strategic Plan) ; and
WHEREAS, City Council adopted the Strategic vision on May 17, 2023, which includes ensuring every socio- economic demographic and family structure can secure quality housing within the community; and
WHEREAS, the Housing Authority of the County of San Joaquin (HACSJ) would like to utilize the City asset adjacent to Salas Park at the Century B oulevard right-of-way (Site) to develop 108 units of Senior affordable housing; and
WHEREAS, an equity stake is needed by the City of Lodi to ensure financial feasibility of the project; and
WHEREAS, staff requested an appraisal of the Site and received a value of $500,000; and
WHEREAS, if the City transfers title of the Site to HACSJ , the Site will be recognized by funding agencies as a City financial contr ibution or equity stake to the Development and reduces the housing development cost; and
WHEREAS, staff recommends City Council authorize the City Manager to enter into a Memorandum of Understanding and Disposition and Development Agreement in a form acceptable to the City Attorney to transfer title of City asset to the Housing Authority of the County of San Joaquin to develop 108 units of senior affordable housing adjacent to Salas Park at the Century Boulevard right-of-way.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to enter into a Memorandum of Understanding with the Housing Authority of the County of San Joaquin and a Disposition and Development Agreement with Delta Community Developers Corp. , a Housing Authority nonprofit affiliate, and any other associated documents in a form acceptable to the City Attorney to transfer title of City asset to develop 108 units of senior affordable housing adjacent to Salas Park at the Century Boulevard right-of-way; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019- 223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: August 16, 2023
======================================================================== I hereby certi fy that Resolution No. 2023-__ was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 16, 2023 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
PAMELA M. FARRIS
Assistant City Clerk
2023-_____
AGENDA ITEM C-13
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt a Resolution Authorizing the City Manager to Execute All Agreements Necessary to Complete the 22 S. Main Street Transitional Housing Project in Form Acceptable by the City Attorney in a C ollective Amount not to Exceed $550,000 and Waive the Formal Bid Process for All Agreements Associated with this Health Plan of San Joaquin (HPSJ) Grant Funded Project MEETING DATE: August 16, 2023
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute all agreements necessary to complete the 22 S. Main Street
Transitional Housing Project in a form acceptable by the City Attorney in a collective amount not to exceed $550,000 and waive the formal bid process for all agreements associated with this Health Plan of San Joaquin (HPSJ) grant funded project.
BACKGROUND INFORMATION: On November 4, 2020, the City Council adopted the San Joaquin Community Response to Homelessness – 2020
San Joaquin Strategic Plan (Strategic Plan). The Strategic Plan includes goals and strategies developed from community feedback, which includes increasing access and reducing barriers to homeless cris is response services and ensure households experiencing homelessness have access to affordable housing.
With the Access Center Project moving forward and the Temporary Access Center currently open for operation, the need for transitional and supportive housing in Lodi is even more apparent.
In accordance with the American Rescue Plan Act (ARPA) of 2021, Department of Health Care Service (DHCS) developed a Medi -Cal Home and Community -Based Services (HCBS) Spending Plan detailing a series of initiatives to enhance, expand and strengthen HCBS in California. The Housing and Homelessness Incentive Program (HHIP) is one of the HCBS Transition Initiatives and is intended to support the delivery and coordination of health and housing services for Medi -Cal members statewide. HHIP is intended to bolster housing and homelessness -focused efforts and investments at local levels, with the aim of building or expanding capacity and partnerships to connect Medi-Cal members to needed housing services and achieving progress in reducing and preventing homelessness. As part of these efforts to meet HHIP program priorities and measures, HPSJ is partnering with local partners and organizations which deliver housing, or supportive services to Medi-Cal members who are homeless or at risk of homelessness.
When City Staff became aware of this potential funding opportunity, they began discussions with HPSJ and submitted a proposal that would include the purchase of an existing hotel at 22 S. Main Street and convert it to 40 +/- units of transitional and supportive housing units. The project would allow for individuals that have jobs or other steady income (SS, SSDI, VA, etc.) to be housed in a transitional setting with continued wraparound services until they are able to progress to other Adopt Resolution for 22 S Main Street Project Agreements August 16, 2023
permanent housing opportunities. After the second round of funding became available, HPSJ staff presented the Lodi proposal to their Bo ard and it was approved with a $3,000,000 award to the project on April 26, 2023. City Council accepted and appropriated the funds on June 7, 2023 , and authorized the purchase of the property on June 21, 2023.
As funds must be fully expended by the end of the 2023 calendar year, Staff is continuing to move the project forward timely and working diligently on schematic design. Additionally, due to the truncated timeline to complete the project, it will be necessary to move quickly on executing agreements to complete the rehabilitation for the project on time. Several anticipated agreements include adding additional accessible shower facilities, interior and exterior paint, lobby addition adjacent to communal living space and new storefront improvements.
Due to limited time restraints associated with the funding source, staff is recommending City Council Adopt a resolution authorizing the City Manager to execute all agreements necessary to complete the 22 S. Main Street Transitional Housing Project in a form acceptable by the City Attorney in a collective amount not to exceed $ 550,000 and waive the formal bid process for all agreements associated with this Health Plan of San Joaquin (HPSJ) grant funded project.
Any agreements executed within this requested authority will be brought to a future City Council meeting for review and ratification to ensure transparency of the overall project and compliant use of the grant funding.
STRATEGIC PRIORITY ADDRESSED: Strategic Milestone 1-A, expand opportunities for downtown living, and;
Strategic Milestone 4 -E, adopt standards and policies
to promote housing for all economic levels.
FISCAL IMPACT: The HPSJ grant will provide $3,000,000 in funds for the Acquisition and development of transitional and
supportive housing that will be affordable to residents.
Based on final acquisition amount, three-stage elevator purchase and architectural design costs, we estimate
approximately $550,000 remaining of the grant
to expend on rehabilitation.
FUNDING AVAILABLE: Funding for rehabilitation of property: 35599000.77020 $550,000
______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_____________________________________
John R. Della Monica, Jr.
Community Development Director
RESOLUTION NO. 2023-__
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL AGREEMENTS NECESSARY TO
COMPLETE THE 22 SOUTH MAIN STREET TRANSITIONAL AND
SUPPORTIVE HOUSING PROJECT IN A FORM ACCEPTABLE BY THE
CITY ATTORNEY AND WAIVE THE FORMAL BID PROCESS FOR ALL
AGREEMENTS ASSOCIATED WITH THIS HEALTH PLAN OF SAN JOAQUIN (HPSJ) GRANT FUNDED PROJECT
========================================================================
WHEREAS, on November 4, 2020, the City Council adopted the S an Joaquin Community Response to Homelessness – 2020 San Joaquin Strategic Plan (Strategic Plan) ; and
WHEREAS, in accordance with the American Rescue Plan Act (ARPA) of 2021, Department of Health Care Services (DHCS) developed a Medi -Cal Home and Communi ty- Based Services (HCBS) Spending Plan detailing a series of initiatives to enhance, expand and strengthen HCBS in California. The Housing and Homelessness Incentive Program (HHIP) is one of the HCBS Transition Initiatives and is intended to support the delivery and coordination of health and housing services for Medi -Cal members statewide. HHIP is intended to bolster housing and homelessness -focused efforts and investments at local levels, with the aim of building or expanding capacity and partnerships to connect Medi -Cal members to needed housing services and achieving progress in reducing and preventing homelessness; and
WHEREAS, as part of efforts to meet HHIP program priorities and measures, Health Plan of San Joaquin (HPSJ) will partner with local or ganizations which deliver housing or supportive services to Medi-Cal members who are homeless or at risk of homelessness; and
WHEREAS, the City of Lodi submitted a proposal for acquisition and renovation of a hotel at 22 S outh Main Street for development of a transitional and supportive housing project to HPSJ; and
WHEREAS, the HPSJ Board awarded $3,000,000 on April 26, 2023 towards the project submitted; and
WHEREAS, the Lodi City Council accepted and appropri ated the grant funds on June 7, 2023 and authorized the acquisition of the property on June 21, 2023; and
WHEREAS, the project needs to be completed by the end of calendar year 2023 and there will be a need to execute agreements expeditiously to complete the project on time; and
WHEREAS, s taff wi ll maintain fiscal responsibility and due diligence and request multiple estimates on goods and services when applicable and any agreements executed within this requested authority will be brought to a future City Council meeting for review and ratification to ensure transparency of the overall project and grant funds.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby determine that due to the expedited project completion deadlines related to grant funding obligations, it is in the best interests of the City to waive the formal bidding procedures required under Lodi Municipal Code Section 3.20.070; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authori ze the City Manager to execute all agreements necessary to complete the 22 S outh Main Street Transitional and Supportive Housing Project in a form acceptable by the City Attorney in a collective amount not to exceed $550,000 for all agreements associated with this Health Plan of San Joaquin (HPSJ) grant funded project; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019- 223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the c ompensation or term, and to make clerical corrections as necessary.
Dated: August 16, 2023
========================================================================
I hereby certi fy that Resolution No. 2023-__ was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 16, 2023 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
PAMELA M. FARRIS
Assistant City Clerk
2023-_____
AGENDA ITEM C-14
COUNCIL COMMUNICATION
APPRO
VED: _______________________________
Stephen Schwabauer, City Manager
\\cvcfi
lv02\pubwks$\WP\DEV_SERV\Developments\Reynolds Ranch\Residential 2 - Lumina (Northern Property)\Improvement Agreements\Unit 1\Partial Acceptance\C_PartialAccept No 1 for public improvements_Lumina1.doc 7/31/2023 AGENDA TITLE: Adopt Resolution Partially Accepting Lumina Subdivision, Unit No. 1 (Tract No. 4121) Public Improvements, Amending Traffic Resolution No. 97-148 by Approving a Two-Way Stop Control on Amarone Drive at Labrusca Drive and a Multi-Way Stop Control at Labrusca Drive and Kordia Avenue
MEETING DATE: August 16, 2023
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution partially accepting Lumina Subdivision, Unit No. 1 (Tract No. 4121) public improvements, amending Traffic Resolution No. 97-148 by approving a two-way stop control on Amarone Drive at Labrusca Drive and a multi-way stop control at Labrusca Drive and Kordia Avenue.
BA
CKGROUND INFORMATION: Lumina Subdivision, Unit No. 1, is the first phase of a two-phase residential development located west of Stockton Street and south of Harney Lane, as shown on Exhibit A. Unit No. 1 consists of 67 single- family, residential lots.
Th
e improvement agreement for the project, approved by Council on August 3, 2022, requires the installation of street frontage improvements fronting Stockton Street, all interior subdivision public improvements, and a portion of the neighbor park improvements adjacent to Unit 1.
Th
e developer, RR 150 Lots, LLC, has completed all public improvements apart from those shown in Exhibit B.
These remaining public improvements (including the backfill of park land, 10-foot wide concrete path along the western subdivision boundary, landscape and irrigation between the masonry wall and concrete path, and storm basin outfall structure) are expected to be completed by the end of December 2023. The developer is requesting that the City approve partial project acceptance of the subdivision to allow home occupancy of the homes within the subdivision. Staff recommends the proposed partial acceptance with the following conditions:
1. Ma
intain a security on remaining work in accordance with the Subdivision Map Act requirements.
2. Provide a warranty bond equal to 10 percent of the value of the accepted improvements. This new warranty bond shall cover all the public improvements for two years from the date of partial acceptance. Prior to final acceptance, a separate warranty bond shall be provided to cover all of the Unit 1 public improvements for two years from the date of final acceptance by the City Council as outlined in the original improvement agreement and approved subdivision plans. Also prior to final acceptance, a separate landscape maintenance bond equal to 10 percent of the value of all of the Unit 1 public landscaping system improvements shall be provided. This maintenance bond shall cover all the public landscaping improvements for three years from the date of final acceptance by the City Council as outlined in the original improvement agreement and approved subdivision plans.
3. Payment of $11,339.00 for the partial project acceptance fee.
Adopt Resolution Partially Accepting Lumina Subdivision, Unit No. 1 (Tract No. 4121) Public Improvements August 16, 2023
\\cvcfilv02\pubwks$\WP\DEV_SERV\Developments\Reynolds Ranch\Residential 2 - Lumina (Northern Property)\Improvement Agreements\Unit 1\Partial Acceptance\C_PartialAccept No 1 for public improvements_Lumina1.doc 7/31/2023
4. No more than 50 homes will be allowed to be final/occupied prior to the final acceptance of the subdivision improvements.
All the required improvements submitted for partial acceptance have been constructed in accordance with the approved improvement plans and City Standards. In accordance with the Subdivision Map Act Section 66499.7 (d), the remaining public improvements are less than 20 percent of the overall subdivision improvements.
Approximately 0.52 miles of new interior streets will be accepted with this partial acceptance.
Staff recommends the City Council approve the partial acceptance of Lumina Subdivision, Unit No. 1, public improvements within the limit as shown on Exhibit A (excluding the incomplete improvements shown in Exhibit B) with the partial project acceptance conditions listed above. The remaining public improvements for the subdivision will be presented to City Council for acceptance when they are completed at a later date. Staff also recommends amending Traffic Resolution No. 97-148 by approving a two-way stop control on Amarone Drive at Labrusca Drive and a multi-way stop control at Labrusca Drive and Kordia Avenue.
STRATEGIC VISION: Not Applicable
FISCAL IMPACT: There will be an increase in long-term maintenance costs for public infrastructure and City services, such as police, fire, parks, and open space maintenance. This cost will be partially offset by proceeds from the Community Facilities District No. 2007-1.
FUNDING AVAILABLE: Not applicable.
_______________________________
Charles E. Swimley, Jr.
Public Works Director
Prepared by Karissa Kiriu, Associate Civil Engineer
CS/KK/cd
Attachments
Cc: City Attorney, Magdich
Public Works Management Analyst, Areida
City Engineer/Deputy Public Works Director, Chang
Junior Engineer, Wiman
Associate Civil Engineer, Kiriu
Senior Traffic Engineer, Kam
RR 150 Lots, LLC
NorthStar Engineering Group, Inc
Olym
pic Av
Stockton St.
Kordia Ave.
Rocky Ln
Merton Wy.
Harney Ln.
µ
0 210 420105
Feet
Exhibit A
Lumina Unit 1 Subdivision
Vicinity Map
K:\WP\DEV_SERV\Developments\Reynolds Ranch\Residential 2 - Lumina (Northern Property)\Improvement Agreements\Unit 1\References\C_ExhibitA.mxd Lumina
Unit 1
Legend
Parcel 1
Parcel 2
City Limits
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EX 2' WALL EASEMENT
CONTRACTOR SHALL REMOVE
EXISTING BARRICADE AND
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RCE NO. 53149
CITY ENGINEER
LODI, CALIFORNIA 95240
CITY OF LODI
221 WEST PINE STREET
PUBLIC WORKS DEPARTMENT
E-MAIL [email protected]
WEB SITE www.lodi.gov
PHONE (209) 333-6706
FAX (209) 333-6710
ASBUILT
HORIZONTAL SCALE
VERTICAL SCALE
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PROJECT NUMBER
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PUBLIC IMPROVEMENT PLANS FOR
LUMINA SUBDIVISION UNIT 1
LODI CALIFORNIA
DRAWING NO.
32 Work to be completed as part of phase 1
Work to be deferred for completion as part of or prior to phase 2 UNIT NO. 1
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RCE NO. 53149CITY ENGINEER
LODI, CALIFORNIA 95240CITY OF LODI221 WEST PINE STREETPUBLIC WORKS DEPARTMENTE-MAIL [email protected] SITE www.lodi.govPHONE (209) 333-6706FAX (209) 333-6710ASBUILT
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KMAG / DR
022D00108/19/2022PUBLIC IMPROVEMENT PLANS FORLUMINA SUBDIVISION UNIT 1LODICALIFORNIA DRAWING NO.
BASIN OUTFALL PLAN
CONTRACTOR SHALL INSTALL NEW ASPHALTFROM EXISTING BASIN ACCESS ROAD TONEW STORM STRUCTURE. SEE DETAIL A ONSHEET C5.4 FOR ADDITIONAL INFORMATION.
DETENTION BASIN OUTFALL
Deferred for completion as part of or prior to phase 2
When Recorded Please Return to:
Lodi City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL PARTIALLY ACCEPTING LUMINA SUBDIVISION, UNIT NO. 1 (TRACT NO. 4121) PUBLIC
IMPROVEMENTS; AND AMENDING TRAFFIC RESOLUTION NO. 97-148 BY
APPROVING A TWO-WAY STOP CONTROL ON AMARONE DRIVE AT
LABRUSCA DRIVE AND A MULTI-WAY STOP CONTROL AT
LABRUSCA DRIVE AND KORDIA AVENUE
========================================================================
WHEREAS, Lumina Subdivision, Unit No. 1, is the first phase of a two- phase residential development locat ed west of Stockton Street and south of Harney Lane, and consists of 67 single-family residential lots; and
WHEREAS, the improvement agreement for the project , approved by Council on August 3, 2022, requires the installation of street frontage improvemen ts fronting Stockton Street, all interior subdivision public improvements, and a portion of the neighbor park improvements adjacent to Unit 1; and
WHEREAS, the developer, RR 150 Lots, LLC, has completed all public improvements apart from the backfill of park land, 10- foot wide concrete path along the western subdivision boundary, landscape and irrigation between the masonry wall and concrete path, and storm basin outfall structure; and
WHEREAS, all required improvements submitted for partial acceptance have been constructed in accordance with the approved improvement plans and City Standards; and
WHEREAS, in accordance with the Subdivision Map Act Section 66499.7(d), the remaining public improvements are less than 20 percent of the overall subdivision improvements; and
WHEREAS, approximately 0.52 miles of new interior streets will be accepted with this partial acceptance; and
WHEREAS, the developer is requesting that the City approve partial acceptance of the subdivision to allow home occupancy within the subdivision. Staff recommends the proposed partial acceptance with the following conditions:
1. Maintain a security on remaining work in accordance with the Subdivision Map Act requirements.
2. Provide a warranty bond equal to 10 percent of the value of the accepted improvements.
This new warranty bond shall cover all the public improvements for two years from the date of partial acceptance. Prior to final acceptance, a separate warranty bond shall be provided to cover all of the Unit 1 public impr ovements for two years from the date of final acceptance by the City Council as outlined in the original improvement agreement and approved subdivision plans. Also prior to final acceptance, a separate landscape maintenance bond equal to 10 percent of the value of all of the Unit 1 public landscaping system improvements shall be provided. This maintenance bond shall cover all the public landscaping improvements for three years from the date of final acceptance by the City Council as outlined in the original improvement agreement and approved subdivision plans.
3. Payment of $11,339 for the partial project acceptance fee.
4. No more than 50 homes will be allowed to be final/occupied prior to the final acceptance of the subdivision improvements.
WHEREAS, staff recommends partially accepting Lumina Subdivision, Unit No. 1 (Trac t No. 4121); and
WHEREAS, staff further recommends amending Traffic Resolution No. 97- 148 by approving a two- way stop control on Amarone Drive at Labrusca Drive and a multi -way stop control at Labrusca Drive and Kordia Avenue.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby partially accept Lumina Subdivision, Unit No. 1 (Tract No. 4121) public improvements , with the conditions as set forth above; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby approve the amendment of Traffic Resolution No. 97 -148 by approving a two- way s top control on Amarone Drive at Labrusca Drive and a multi -way stop contr ol at Labrusca Drive and Kordia Avenue; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to ma ke clerical corrections as necessary.
Dated: August 16, 2023
======================================================================== I hereby certify that Resolution No. 202 3-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 16, 2023 by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
PAMELA M. FARRIS
Assistant City Clerk
2023-____
AGENDA ITEM C-15
COUNCIL COMMUNICATION
APPRO
VED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Accept Monthly Protocol Account Report through June 30, 2023 MEET
ING DATE: August 16, 2023
PRE
PARED BY: City Clerk
RECO
MMENDED ACTION: Accept Monthly Protocol Account Report through June 30, 2023.
BA
CKGROUND INFORMATION: The City Council, at its meeting of December 7, 2022, adopted Resolution No. 2022-300 approving the amended policy relating to the City’s “Protocol Account.” As a part of this policy, it was directed that a monthly itemized report of the “Protocol Account” be provided to the City Council.
At
tached please find the cumulative report through June 30, 2023.
STR
ATEGIC PRIORITY ADDRESSED: Not applicable.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
_______________________________
O
livia Nashed
City Clerk
Attachments
\\cvcfilv01\administration$\Administration\CLERK\Budget\Finance\Misc\ProtocolSummary2022-23.doc Page 1
PROTOCOL ACCOUNT SUMMARY
FISCAL YEAR 2022-23
Cumulative Report through June 30, 2023
Date Vendor Description 0B Amount Balance
Starting Bal.
$6,500.00
9/13/22 Kaylee Clayton Reimbursement for
Creamer
$11.58 $6,488.42
11/16/22 Fiori’s Butcher Shoppe Council Dinner (Closed
Session at 5 p.m.)
$172.28 $6,316.14
11/16/22 Smart & Final Water & Supplies for
Carnegie Forum
$40.47 $6,275.67
11/23/22 Etsy Mayor Chandler’s Gift $164.44 $6,111.23
11/28/22 Creative Trophy &
Engraving
Mayor’s Plaque &
Community Service Award
Plaques
$119.28 $5,991.95
12/5/22 Crystal Plus Council Member Kuehne’s
Gift
$177.66 $5,814.29
12/5/22 Smart & Final Reorganization Supplies $15.14 $5,799.15 12/7/22 Costco Paper Goods for
Reorganization
$63.29 $5,735.86
12/7/22 Safeway Flowers for Jan Chandler $33.55 $5,702.31 12/15/22 Frosted Flour Deposit for Desserts for
Reorganization
$25.00 $5,677.31
12/21/22 Giuffra’s Party Rentals Linens, Glasses & Coffee Mugs for Reorganization
$123.95 $5,553.36
12/21/22 Safeway Flowers for Council
Member Kuehne's Family
$62.72 $5,490.64
12/21/22 Frosted Flour Reorganization Desserts $48.10 $5,442.54 12/21/22 Hollywood Café Food for Reorganization $844.35 $4,598.19 12/27/22 Cook’s Printing Magnetic Name Plates $79.20 $4,518.99 2/28/23 Smart & Final Water for Carnegie $31.48 $4,487.51 3/2/23 The UPS Store Kofi Gift Repair Shipping $33.44 $4,454.07 3/16/23 Bruening Glass Works Kofu Gift Repair $295.00 $4,159.07 3/31/23 Cook’s Printing Name Tags for Council $68.19 $4,090.88 4/3/23 DeVinci’s Closed Session Dinner $156.37 $3,934.51 4/10/23 WalMart Snacks for Goal Setting $22.41 $3,912.10 4/10/23 Safeway Snacks for Goal Setting $21.18 $3,890.92 4/11/23 Panera Bread Breakfast for Goal Setting $111.24 $3,779.68 4/11/23 Papapavlos Lunch for Goal Setting $336.86 $3,442.82 4/12/23 Hollywood Café Breakfast for Goal Setting $405.94 $3,036.88 4/28/23 Abrahamson Printing Business Cards $201.09 $2,835.79 6/1/23 Cook’s Printing Magnetic Name Plates $52.80 $2,782.99 6/6/23 Panera Bread Breakfast for Shirtsleeve $39.98 $2,743.01 6/9/23 Abrahamson Printing Business Cards $50.27 $2,692.74 6/21/23 Bon Appetit Closed Session Dinner $111.15 $2,581.59 6/28/23 Amazon File Cabinet for Carnegie $86.59 $2,495.00 Total
Expenditures:
($4,005.00)
Ending Bal.
$2,495.00
Prepared by: PMF
AGENDA ITEM C-16
COUNCIL COMMUNICATION
APPRO
VED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving City of Lodi Pay Schedule Dated August 16, 2023 MEET
ING DATE: August 16, 2023
PRE
PARED BY: Human Resources Manager
RECO
MMENDED ACTION: Adopt resolution approving City of Lodi pay schedule dated August 16, 2023.
BA
CKGROUND INFORMATION: Public Employees’ Retirement Law (PERL) Government Code sections 20636 and 20636.1 define earnable compensation for State, School, and Public Agency members. Only compensation that meets the provisions and regulations of the PERL will be considered by CalPERS for calculating retirement benefits. Government Code section 20636 and 20636.1 require pay schedules to be publicly available. Compensation earnable is further clarified by California Code of Regulations (CCR) Section 570.5.
CC
R 570.5 specifies the required elements necessary to meet the definition of a publicly available pay schedule as follows:
1. Has
been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws;
2. Identifies the position title for every employee position;
3. Shows the payrate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
4. Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;
5. Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;
6. Indicates an effective date and date of any revisions;
7. Is retained by the employer and available for public inspection for not less than five years; and
8. Does not reference another document in lieu of disclosing the payrate.
Al
l eight (8) requirements must be met in one schedule for each member’s pay, in order for CalPERS to approve the pay amount as payrate and reportable compensation earnable. If an agency cannot provide a document meeting the requirements for a publicly available pay schedule, the CalPERS Board, in its sole
discretion, may determine an amount that will be considered to be payrate. CCR 570.5 outlines the process by which CalPERS may determine a member’s payrate when there is no publicly available pay schedule.
As such, and in accordance with the above regulations, the Human Resources Manager will present, from time to time, an updated pay schedule for City Council adoption.
Staff recommends that the City Council adopt the resolution approving the attached City of Lodi salary schedule effective August 16, 2023.
STRATEGIC VISION:
3A. Fiscal Health: Promote City's transparency & fiscal fluency.
FISCAL IMPACT: There is no fiscal impact
FUNDING AVAILABLE:
________________________________________
Adele Post
Human Resources Manager
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 B 1200 ACCOUNTANT 01/09/2023 $ 75,772.75 $ 79,560.69 $ 83,539.38 $ 87,716.60 $ 92,102.00 CMM 1540 ACCOUNTING MANAGER 01/09/2023 $ 133,734.66 $ 140,421.37 $ 147,442.50 $ 154,814.61 $ 162,555.37 B 1385 ADMINISTRATIVE ANALYST 01/09/2023 $ 63,843.37 $ 67,035.53 $ 70,387.32 $ 73,906.68 $ 77,602.02 CMM 1571 ADMINISTRATIVE ANALYST-C 01/09/2023 $ 68,950.84 $ 72,398.38 $ 76,018.30 $ 79,819.21 $ 83,810.18 G 2702 ADMINISTRATIVE ASSISTANT 01/09/2023 $ 54,952.91 $ 57,700.64 $ 60,585.69 $ 63,614.95 $ 66,795.66 CGS 1970 ADMINISTRATIVE ASSISTANT-C 01/09/2023 $ 58,250.08 $ 61,162.68 $ 64,220.83 $ 67,431.85 $ 70,803.40 CGS 1900 ADMINISTRATIVE CLERK - C 01/09/2023 $ 43,805.06 $ 45,995.32 $ 48,295.09 $ 50,709.86 $ 53,245.34 G 2700 ADMINISTRTIVE CLERK 01/09/2023 $ 41,312.64 $ 43,378.31 $ 45,547.27 $ 47,824.57 $ 50,215.80 G 2021 ANIMAL SERVICE SUPERVISOR 01/09/2023 $ 53,613.79 $ 56,294.59 $ 59,109.28 $ 62,064.67 $ 65,167.95 I 6566 APPRENTICE SUBSTATION TECHNICIAN 06/07/2023 $ 104,597.74 $ 109,827.64 $ 115,318.84 $ 121,084.86 $ 127,139.22 G 2603 AQUATICS COORDINATOR 01/09/2023 $ 54,419.19 $ 57,140.22 $ 59,997.24 $ 62,997.07 $ 66,146.85 G 2020 ASSISTANT ANIMAL SERVICE OFFICER 01/09/2023 $ 46,621.94 $ 48,952.98 $ 51,400.73 $ 53,970.77 $ 56,669.29 CMM 1525 ASSISTANT CITY ATTORNEY 02/01/2023 $ 158,684.76 $ 166,618.96 $ 174,949.90 $ 183,697.39 $ 192,882.26 CMM 1500 ASSISTANT CITY CLERK 01/09/2023 $ 68,185.61 $ 71,594.89 $ 75,174.63 $ 78,933.36 $ 82,880.01 B 1300 ASSISTANT ENG/PLANS EXAMINER 01/09/2023 $ 90,138.46 $ 94,645.44 $ 99,377.70 $ 104,346.56 $ 109,563.75 B 1230 ASSISTANT ENGINEER 01/09/2023 $ 97,800.25 $ 102,690.28 $ 107,824.77 $ 113,216.03 $ 118,876.65 B 1235 ASSISTANT PLANNER 01/09/2023 $ 68,111.79 $ 71,517.36 $ 75,093.19 $ 78,847.79 $ 82,790.18 B 1236 ASSISTANT TRANSPORTATION PLANNER 01/09/2023 $ 68,111.79 $ 71,517.36 $ 75,093.19 $ 78,847.79 $ 82,790.18 B 1240 ASSOCIATE CIVIL ENGINEER 01/09/2023 $ 107,580.17 $ 112,959.13 $ 118,607.04 $ 124,537.51 $ 130,764.30 B 1245 ASSOCIATE PLANNER 01/09/2023 $ 74,922.94 $ 78,669.19 $ 82,602.56 $ 86,732.72 $ 91,069.29 CMM 1575 BUDGET ANALYST 01/09/2023 $ 81,468.38 $ 85,541.77 $ 89,817.98 $ 94,310.62 $ 99,025.33 CMM 1511 BUDGET MANAGER 01/09/2023 $ 133,734.66 $ 140,421.37 $ 147,442.50 $ 154,814.61 $ 162,555.37 G 2072 BUILDING INSPECTOR I 01/09/2023 $ 63,452.70 $ 66,469.24 $ 69,792.71 $ 73,282.45 $ 76,946.49 G 2073 BUILDING INSPECTOR II 01/09/2023 $ 69,634.50 $ 73,116.17 $ 76,772.02 $ 80,610.70 $ 84,641.20 M 4701 BUILDING SERVICES SUPERVISOR 01/09/2023 $ 65,696.34 $ 68,981.04 $ 72,430.05 $ 76,051.68 $ 79,854.38 CMM 1530 BUSINESS DEVLOPMENT MANAGER 01/09/2023 $ 109,661.83 $ 115,144.93 $ 120,902.17 $ 126,947.27 $ 133,294.63 G 2075 CDD PROGRAM SPECIALIST 01/09/2023 $ 68,675.09 $ 72,108.84 $ 75,714.28 $ 79,500.00 $ 83,475.00 B 1310 CHIEF BUILDING OFFICIAL 01/09/2023 $ 125,051.17 $ 131,302.61 $ 137,868.14 $ 144,760.55 $ 151,999.66 CA 1002 CITY ATTORNEY 01/09/2023 $ 234,935.06 CA 1003 CITY CLERK 01/09/2023 $ 140,801.49 B 1250 CITY ENGINEER/DEPUTY PW DIRECTOR 01/09/2023 $ 143,167.71 $ 150,325.99 $ 157,842.00 $ 165,734.51 $ 173,917.74 CA 1001 CITY MANAGER 01/09/2023 $ 256,793.59 B 1306 CITY PLANNER 01/09/2023 $ 120,288.34 $ 126,301.69 $ 132,617.16 $ 139,247.06 $ 146,210.45 A 1170 COMMUNITY DEVELOPMENT DIRECTOR 01/09/2023 $ 184,633.46 G 2032 COMMUNITY IMPROVEMENT OFFICER I 01/09/2023 $ 60,289.65 $ 63,304.13 $ 66,469.34 $ 69,792.82 $ 73,282.44 G 2022 COMMUNITY IMPROVEMENT OFFICER II 01/09/2023 $ 66,318.58 $ 69,634.50 $ 73,116.17 $ 76,772.02 $ 80,610.70 S 6400 COMMUNITY SERVICE OFFICER 07/10/2023 $ 58,877.29 $ 61,821.18 $ 64,912.37 $ 68,157.94 $ 71,565.73 B 1255 COMPLIANCE MANAGER 01/09/2023 $ 97,800.12 $ 102,690.12 $ 107,824.62 $ 113,215.85 $ 118,876.65 B 1260 CONSTRUCTION PROJECT MANAGER 01/09/2023 $ 94,566.31 $ 99,294.72 $ 104,259.37 $ 109,472.30 $ 114,945.95 I 6550 CONSTRUCTION/MAINT SUPERVISOR 01/09/2023 $ 180,939.46 G 2011 CUSTOMER SERVICE REP I 01/09/2023 $ 41,473.93 $ 43,547.62 $ 45,724.96 $ 48,011.10 $ 50,411.68 G 2012 CUSTOMER SERVICE REP II 01/09/2023 $ 45,621.14 $ 47,902.13 $ 50,297.22 $ 52,812.09 $ 55,452.82 B 1210 CUSTOMER SERVICE SUPERVISOR 01/09/2023 $ 70,414.80 $ 73,935.61 $ 77,632.40 $ 81,514.15 $ 85,589.67 CMM 1519 DEPUTY CITY ATTORNEY I 03/15/2023 $ 114,985.00 $ 120,734.25 $ 126,770.96 $ 133,109.51 $ 139,764.99 CMM 1520 DEPUTY CITY ATTORNEY II 01/09/2023 $ 137,986.75 $ 144,886.05 $ 152,130.35 $ 159,736.86 $ 167,723.70 CGS 1920 DEPUTY CITY CLERK 01/09/2023 $ 59,670.35 $ 62,653.87 $ 65,786.57 $ 69,075.90 $ 72,529.69 A 1100 DEPUTY CITY MANAGER 01/09/2023 $ 211,700.15 B 1375 DEPUTY DIRECTOR PRCS 01/09/2023 $ 107,365.97 $ 112,734.26 $ 118,370.96 $ 124,289.52 $ 130,503.99 FM 6120 DEPUTY FIRE CHIEF 07/10/2023 $ 159,333.15 $ 167,299.69 $ 175,664.67 $ 184,447.97 $ 193,670.37 PM 6430 DISPATCH SUPERVISOR 07/10/2023 $ 89,429.09 $ 93,900.69 $ 98,595.74 $ 103,525.45 $ 108,701.71 S 6410 DISPATCHER/JAILER 07/10/2023 $ 67,001.37 $ 70,351.37 $ 73,869.03 $ 77,562.42 $ 81,440.52 B 1328 ELEC UTILITY RESOURCE ANALYST 01/09/2023 $ 119,534.31 $ 125,511.00 $ 131,786.58 $ 138,375.89 $ 145,294.69 City of Lodi
Annual Rate of Pay
Salary Schedule dated July 10, 2023
BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 I 6535 ELECTRIC DISTRIBUTION OP SUPRV 01/09/2023 $ 152,942.92 $ 160,603.56 I 6531 ELECTRIC DISTRIBUTION OPERATOR I 01/09/2023 $ 114,387.78 $ 120,107.00 $ 126,517.56 $ 132,418.26 $ 139,038.90 I 6532 ELECTRIC DISTRIBUTION OPERATOR II 01/09/2023 $ 139,038.90 $ 145,990.78 I 6505 ELECTRIC FOREPERSON 01/09/2023 $ 164,486.14 I 6500 ELECTRIC GROUNDWORKER 01/09/2023 $ 75,345.14 $ 79,111.24 $ 83,062.46 $ 87,226.10 $ 91,575.64 I 6501 ELECTRIC LINE APPRENTICE I 01/09/2023 $ 92,628.38 $ 97,259.50 $ 102,122.54 $ 107,228.68 $ 112,589.88 I 6502 ELECTRIC LINE APPRENTICE II 01/09/2023 $ 123,849.44 $ 130,042.12 I 6504 ELECTRIC LINEPERSON 01/09/2023 $ 136,209.84 $ 143,049.40 I 6507 ELECTRIC MATERIALS TECHNICIAN 01/09/2023 $ 85,316.66 $ 89,581.18 $ 94,063.06 $ 98,765.16 $ 103,700.74 I 6520 ELECTRIC TROUBLESHOOTER 01/09/2023 $ 146,392.74 A 1103 ELECTRIC UTILITY DIRECTOR 01/09/2023 $ 230,546.83 B 1330 ELECTRIC UTILITY SUPERINTENDENT 01/09/2023 $ 164,733.21 $ 172,969.87 $ 181,618.38 $ 190,699.29 $ 200,234.24 B 1343 ELECTRICAL ENGINEER 01/09/2023 $ 121,445.67 $ 127,518.04 $ 133,893.80 $ 140,588.56 $ 147,618.00 I 6554 ELECTRICAL ENGINEERING TECHNICIAN 01/09/2023 $ 88,340.20 $ 92,742.52 $ 97,383.52 $ 102,263.20 $ 107,355.04 I 6506 ELECTRICIAN 01/09/2023 $ 109,144.34 $ 114,625.06 G 2200 ENGINEERING TECHNICIAN I 01/09/2023 $ 63,905.78 $ 67,100.98 $ 70,456.00 $ 73,978.87 $ 77,677.83 G 2201 ENGINEERING TECHNICIAN II 01/09/2023 $ 70,296.34 $ 73,811.00 $ 77,501.60 $ 81,376.65 $ 85,445.48 M 4160 ENVIRONMENTAL COMPLIANCE INSP 01/09/2023 $ 67,420.11 $ 70,791.12 $ 74,330.66 $ 78,047.20 $ 81,949.52 M 4000 EQUIPMENT SERVICE WORKER 01/09/2023 $ 49,399.75 $ 51,869.72 $ 54,463.16 $ 57,186.32 $ 60,045.70 G 2605 EVENTS COORDINATOR 01/09/2023 $ 65,058.51 $ 68,311.33 $ 71,726.85 $ 75,313.33 $ 79,079.08 CGS 1955 EXECUTIVE ADMINISTRATIVE ASST 01/09/2023 $ 76,176.02 $ 79,984.81 $ 83,984.05 $ 88,183.25 $ 92,592.42 M 4055 FACILITIES MAINTENANCE WORKER 01/09/2023 $ 54,294.55 $ 57,009.24 $ 59,859.75 $ 62,852.74 $ 65,995.35 B 1393 FACILITIES SUPERINTENDENT 01/09/2023 $ 90,261.33 $ 94,774.41 $ 99,513.12 $ 104,488.78 $ 109,713.21 M 4050 FACILITIES SUPERVISOR 01/09/2023 $ 68,687.19 $ 72,121.57 $ 75,727.60 $ 79,514.03 $ 83,489.65 G 2050 FIELD SERVICES REPRESENTATIVE 01/09/2023 $ 56,399.69 $ 59,219.70 $ 62,180.71 $ 65,289.79 $ 68,554.19 G 2051 FIELD SERVICES SUPERVISOR 01/09/2023 $ 64,923.00 $ 68,169.19 $ 71,577.66 $ 75,156.39 $ 78,914.24 G 2014 FINANCE TECHNICIAN 01/09/2023 $ 55,201.58 $ 57,961.71 $ 60,859.78 $ 63,902.88 $ 67,097.90 FM 6100 FIRE BATTALION CHIEF - 80 07/10/2023 $ 132,777.72 $ 139,416.54 $ 146,387.36 $ 153,706.70 $ 161,392.07 FM 6101 FIRE BATTALION CHIEF -112 07/10/2023 $ 132,777.72 $ 139,416.54 $ 146,387.36 $ 153,706.70 $ 161,392.07 F 6040 FIRE CAPTAIN - 112 01/09/2023 $ 107,483.52 $ 112,857.60 $ 118,500.44 $ 124,425.24 $ 130,646.78 F 6041 FIRE CAPTAIN - 80 01/09/2023 $ 107,483.52 $ 112,857.60 $ 118,500.44 $ 124,425.24 $ 130,646.78 F 6042 FIRE CAPTAIN - ACTING 01/09/2023 $ 104,352.93 $ 109,570.51 $ 115,048.89 $ 120,801.34 $ 126,841.43 A 1102 FIRE CHIEF 01/09/2023 $ 206,481.92 F 6021 FIRE ENGINEER - 112 01/09/2023 $ 92,848.33 $ 97,490.69 $ 102,365.27 $ 107,483.52 $ 112,857.60 F 6020 FIRE ENGINEER - 80 01/09/2023 $ 92,848.33 $ 97,490.69 $ 102,365.27 $ 107,483.52 $ 112,857.60 F 6000 FIREFIGHTER I - 112 01/09/2023 $ 72,748.98 F 6001 FIREFIGHTER I - 80 01/09/2023 $ 72,748.98 F 6002 FIREFIGHTER II - 112 01/09/2023 $ 80,205.23 $ 84,215.43 $ 88,426.04 $ 92,847.47 $ 97,489.66 F 6003 FIREFIGHTER II - 80 01/09/2023 $ 80,205.23 $ 84,215.43 $ 88,426.04 $ 92,847.47 $ 97,489.66 M 4036 FLEET SERVICES COORDINATOR 03/06/2023 $ 54,111.32 $ 56,816.83 $ 59,657.64 $ 62,640.68 $ 65,772.71 M 4040 FLEET SERVICES SUPERVISOR 01/09/2023 $ 74,991.18 $ 78,740.72 $ 82,677.82 $ 86,811.73 $ 91,152.21 B 1395 FLEET SUPERINTENDENT 01/09/2023 $ 83,799.26 $ 87,989.20 $ 92,388.73 $ 97,008.18 $ 101,858.47 M 4020 HEAVY EQUIPMENT MECHANIC 01/09/2023 $ 59,285.90 $ 62,250.24 $ 65,362.66 $ 68,630.79 $ 72,062.41 CMM 1550 HUMAN RESOURCES MANAGER 01/09/2023 $ 133,734.66 $ 140,421.37 $ 147,442.50 $ 154,814.61 $ 162,555.37 CGS 1930 HUMAN RESOURCES TECHNICIAN 01/09/2023 $ 58,513.67 $ 61,439.41 $ 64,511.37 $ 67,737.05 $ 71,123.77 G 2400 INFORMATION SYSTEMS SPECIALIST 01/09/2023 $ 62,696.56 $ 65,831.54 $ 69,127.34 $ 72,579.08 $ 76,208.04 B 1226 INFORMATION TECHNOLOGY MANAGER 01/09/2023 $ 129,900.46 $ 136,395.46 $ 143,215.30 $ 150,376.06 $ 157,894.85 G 2203 JUNIOR ENGINEER 01/09/2023 $ 83,511.93 $ 87,687.57 $ 92,071.84 $ 96,675.46 $ 101,509.23 G 2208 JUNIOR PLANNER 01/09/2023 $ 63,104.58 $ 66,259.70 $ 69,572.70 $ 73,051.33 $ 76,703.93 G 2071 JUNIOR PLANS EXAM/ENG 01/09/2023 $ 69,634.50 $ 73,116.17 $ 76,772.02 $ 80,610.70 $ 84,641.20 G 2210 JUNIOR TRANSPORTATION PLANNER 01/09/2023 $ 63,104.58 $ 66,259.70 $ 69,572.70 $ 73,051.33 $ 76,703.93 M 4075 LABORATORY SUPERVISOR 01/09/2023 $ 81,418.07 $ 85,488.98 $ 89,763.40 $ 94,251.56 $ 98,964.15 M 4070 LABORATORY TECHNICIAN I 01/09/2023 $ 53,701.38 $ 56,386.55 $ 59,205.93 $ 62,166.23 $ 65,274.41 M 4071 LABORATORY TECHNICIAN II 01/09/2023 $ 59,066.94 $ 62,020.27 $ 65,121.31 $ 68,377.43 $ 71,796.20 S 6420 LEAD DISPATCHER JAILER 07/10/2023 $ 71,054.39 $ 74,607.06 $ 78,337.38 $ 82,254.27 $ 86,366.88 BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 I 6508 LEAD ELCTRICIAN 01/09/2023 $ 126,088.07 M 4010 LEAD EQUIPMENT MECHANIC 01/09/2023 $ 65,214.45 $ 68,475.24 $ 71,898.92 $ 75,493.88 $ 79,268.61 B 1350 LIBRARIAN I 01/09/2023 $ 64,868.24 $ 68,111.61 $ 71,517.20 $ 75,093.03 $ 78,847.79 B 1351 LIBRARIAN II 01/09/2023 $ 71,355.14 $ 74,922.94 $ 78,669.00 $ 82,602.56 $ 86,732.55 G 2500 LIBRARY ASSISTANT 01/09/2023 $ 43,378.44 $ 45,547.27 $ 47,824.72 $ 50,215.95 $ 52,726.62 A 1105 LIBRARY DIRECTOR 01/09/2023 $ 160,540.46 G 2510 LIBRARY TECHNICNICIAN 01/09/2023 $ 54,873.51 $ 57,617.16 $ 60,498.05 $ 63,522.96 $ 66,699.07 B 1357 LITRACY/PROGRAM MANAGER 01/09/2023 $ 68,458.94 $ 71,881.89 $ 75,476.02 $ 79,249.80 $ 83,212.27 M 4080 MAINTENANCE WORKER I 01/09/2023 $ 47,021.32 $ 49,373.58 $ 51,841.44 $ 54,433.28 $ 57,157.42 M 4081 MAINTENANCE WORKER II 01/09/2023 $ 51,714.81 $ 54,300.64 $ 57,015.67 $ 59,866.45 $ 62,859.73 B 1380 MANAGEMENT ANALYST 01/09/2023 $ 75,433.68 $ 79,205.34 $ 83,164.79 $ 87,324.64 $ 91,690.12 CMM 1570 MANAGEMENT ANALYST-C 01/09/2023 $ 81,468.38 $ 85,541.77 $ 89,817.98 $ 94,310.62 $ 99,025.33 B 1320 MANAGER ENGINEERING & OPS 01/09/2023 $ 164,733.21 $ 172,969.87 $ 181,618.38 $ 190,699.29 $ 200,234.24 I 6540 METERING TECHNICIAN 01/09/2023 $ 124,495.80 B 1315 NEIGHBORHOOD SERVICES MANAGER 01/09/2023 $ 108,769.97 $ 114,207.01 $ 119,918.19 $ 125,913.97 $ 132,209.81 B 1220 NETWORK ADMINISTRATOR 01/09/2023 $ 102,585.00 $ 107,714.08 $ 113,100.39 $ 118,755.41 $ 124,693.24 G 2401 NETWORK TECHNICIAN 01/09/2023 $ 75,188.26 $ 78,947.74 $ 82,895.06 $ 87,039.86 $ 91,391.96 G 2027 PARK ENF ASST 01/09/2023 $ 46,981.02 $ 49,330.10 $ 51,796.65 $ 54,386.52 $ 57,105.77 M 4710 PARK MAINTENANCE WORKER I 01/09/2023 $ 44,785.08 $ 47,024.41 $ 49,375.54 $ 51,844.35 $ 54,436.52 M 4711 PARK MAINTENANCE WORKER II 01/09/2023 $ 49,259.01 $ 51,721.81 $ 54,307.94 $ 57,023.30 $ 59,874.56 M 4712 PARK MAINTENANCE WORKER III 01/09/2023 $ 54,186.41 $ 56,925.15 $ 59,740.48 $ 62,727.57 $ 65,863.92 M 4740 PARK SUPERVISOR 01/09/2023 $ 68,687.19 $ 72,121.57 $ 75,727.60 $ 79,514.03 $ 83,489.65 G 2600 PARKS PROJECT COORDINATOR 01/09/2023 $ 77,325.86 $ 81,192.19 $ 85,251.71 $ 89,514.33 $ 93,990.03 G 2016 PAYROLL TECHNICIAN 01/09/2023 $ 55,201.58 $ 57,961.71 $ 60,859.78 $ 63,902.88 $ 67,097.90 G 2070 PERMIT TECHNICIAN 01/09/2023 $ 52,190.66 $ 54,800.81 $ 57,540.82 $ 60,417.96 $ 63,438.85 M 4130 PLANT & EQUIPMENT MAINT TECH 01/09/2023 $ 61,289.87 $ 64,353.19 $ 67,569.15 $ 70,946.49 $ 74,494.01 P 6200 POLCE OFFICER TRAINEE 07/10/2023 $ 76,816.95 $ 80,657.74 $ 84,690.70 $ 88,925.25 $ 93,371.49 PM 6300 POLICE CAPTAIN 07/10/2023 $ 166,099.40 $ 174,404.18 $ 183,124.46 $ 192,280.58 $ 201,894.65 A 1101 POLICE CHIEF 01/09/2023 $ 244,225.21 P 6220 POLICE CORPORAL 07/10/2023 $ 99,948.68 $ 104,946.20 $ 110,193.56 $ 115,703.20 $ 121,488.31 PM 6310 POLICE LIEUTENANT 07/10/2023 $ 138,416.21 $ 145,336.86 $ 152,603.69 $ 160,233.92 $ 168,245.54 P 6210 POLICE OFFICER 07/10/2023 $ 94,291.25 $ 99,005.82 $ 103,956.15 $ 109,154.02 $ 114,611.67 G 2024 POLICE RECORDS CLERK I 01/09/2023 $ 41,005.57 $ 43,055.76 $ 45,208.63 $ 47,469.00 $ 49,842.56 G 2023 POLICE RECORDS CLERK II 01/09/2023 $ 45,106.28 $ 47,361.49 $ 49,729.56 $ 52,216.08 $ 54,826.87 G 2026 POLICE RECORDS CLERK SUPERVISOR 01/09/2023 $ 51,864.25 $ 54,457.50 $ 57,180.31 $ 60,039.25 $ 63,041.33 PM 6320 POLICE SERGEANT 07/10/2023 $ 115,346.85 $ 121,113.95 $ 127,169.67 $ 133,528.20 $ 140,204.72 A 1104 PRCS DIRECTOR 01/09/2023 $ 174,218.98 G 2602 PROGRAM COORDINATOR 01/09/2023 $ 48,274.27 $ 50,687.85 $ 53,222.20 $ 55,883.35 $ 58,677.61 G 2405 PROGRAMMER/ANALYST 01/09/2023 $ 72,631.96 $ 76,159.20 $ 79,967.16 $ 83,965.50 $ 88,163.78 S 6440 PROPERTY & EVIDENCE TECHNICIAN 07/10/2023 $ 58,877.29 $ 61,821.18 $ 64,912.37 $ 68,157.94 $ 71,565.73 CMM 1580 PUBLIC INFORMATION OFFICER-C 01/09/2023 $ 77,660.22 $ 81,543.25 $ 85,620.39 $ 89,901.41 $ 94,396.48 A 1106 PUBLIC WORKS DIRECTOR 01/09/2023 $ 206,804.10 G 2204 PUBLIC WORKS INSPECTOR I 01/09/2023 $ 63,304.14 $ 66,469.24 $ 69,792.71 $ 73,282.45 $ 76,946.49 G 2205 PUBLIC WORKS INSPECTOR II 01/09/2023 $ 69,634.50 $ 73,116.17 $ 76,772.02 $ 80,610.70 $ 84,641.20 B 1390 PW MANAGEMENT ANALYST 01/09/2023 $ 86,748.66 $ 91,086.18 $ 95,640.47 $ 100,422.52 $ 105,443.65 B 1325 RATES & RESOURCES MANAGER 01/09/2023 $ 164,733.21 $ 172,969.87 $ 181,618.38 $ 190,699.29 $ 200,234.24 B 1365 RECREATION MANAGER 01/09/2023 $ 70,312.53 $ 73,828.65 $ 77,520.87 $ 81,396.76 $ 85,466.11 B 1206 REVENUE MANAGER 01/09/2023 $ 111,933.56 $ 117,530.23 $ 123,406.76 $ 129,577.09 $ 136,055.94 CGS 1935 RISK MANAGEMENT TECHNICIAN 01/09/2023 $ 58,513.67 $ 61,439.41 $ 64,511.37 $ 67,737.05 $ 71,123.77 CMM 1560 RISK MANAGER 01/09/2023 $ 133,734.66 $ 140,421.37 $ 147,442.50 $ 154,814.61 $ 162,555.37 G 2701 SENIOR ADMINISTRATIVE CLERK 01/09/2023 $ 45,443.94 $ 47,716.08 $ 50,101.99 $ 52,607.05 $ 55,237.46 CGS 1960 SENIOR ADMINISTRATIVE CLERK-C 01/09/2023 $ 48,170.58 $ 50,579.04 $ 53,108.11 $ 55,763.47 $ 58,551.71 B 1270 SENIOR CIVIL ENGINEER 01/09/2023 $ 121,381.65 $ 127,454.46 $ 133,826.95 $ 140,520.68 $ 147,539.35 G 2010 SENIOR CUSTOMER SERVICE REP 01/09/2023 $ 47,902.20 $ 50,297.23 $ 52,812.08 $ 55,452.70 $ 58,225.46 B 1345 SENIOR ELEC UTL BUSINESS ANLYST 03/06/2023 $ 100,027.59 $ 105,029.27 $ 110,280.75 $ 115,794.80 $ 121,584.52 BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 I 6555 SENIOR ELECTRICAL ENGINEER TECH 01/09/2023 $ 127,543.78 G 2202 SENIOR ENGINEERING TECHNICIAN 01/09/2023 $ 77,325.86 $ 81,192.19 $ 85,251.71 $ 89,514.33 $ 93,990.03 M 4060 SENIOR FACILITIES MAIN WORKER 01/09/2023 $ 59,723.90 $ 62,710.02 $ 65,845.55 $ 69,137.87 $ 72,594.85 G 2505 SENIOR LIBRARY ASSISTANT 01/09/2023 $ 47,716.08 $ 50,101.99 $ 52,607.05 $ 55,237.46 $ 57,999.21 G 2017 SENIOR PAYROLL TECHNICIAN 01/09/2023 $ 60,721.73 $ 63,757.89 $ 66,945.77 $ 70,293.17 $ 73,807.72 G 2069 SENIOR PERMIT TECHNICIAN 01/09/2023 $ 60,019.26 $ 63,020.93 $ 66,171.94 $ 69,480.66 $ 72,954.56 B 1305 SENIOR PLANNER 01/09/2023 $ 91,251.06 $ 95,814.11 $ 100,603.93 $ 105,635.07 $ 110,916.56 G 2025 SENIOR PO ADMIN CLERK 01/09/2023 $ 48,104.61 $ 50,510.01 $ 53,035.34 $ 55,687.00 $ 58,471.46 B 1335 SENIOR POWER ENGINEER 01/09/2023 $ 133,591.54 $ 140,271.14 $ 147,284.60 $ 154,648.84 $ 162,381.34 B 1215 SENIOR PROGRAMMER/ANALYST 01/09/2023 $ 93,244.45 $ 97,906.51 $ 102,802.48 $ 107,943.86 $ 113,341.05 M 4140 SENIOR STOREKEEPER 01/09/2023 $ 55,683.28 $ 58,467.38 $ 61,390.79 $ 64,460.32 $ 67,683.40 B 1275 SENIOR TRAFFIC ENGINEER 01/09/2023 $ 121,381.65 $ 127,454.46 $ 133,826.95 $ 140,520.68 $ 147,539.35 B 1276 SENIOR TRANSPORTATION PLANNER 01/09/2023 $ 91,251.06 $ 95,813.89 $ 100,604.57 $ 105,634.81 $ 110,916.56 M 4035 SERVICE WRITER 03/06/2023 $ 47,053.33 $ 49,405.94 $ 51,876.21 $ 54,470.16 $ 57,193.66 M 4110 STREET MAINTENANCE SUPERVISOR 01/09/2023 $ 72,112.97 $ 75,718.66 $ 79,504.61 $ 83,479.73 $ 87,653.80 M 4082 STREET MAINTENANCE WORKER I 01/09/2023 $ 47,021.32 $ 49,373.58 $ 51,841.44 $ 54,433.28 $ 57,157.42 M 4083 STREET MAINTENANCE WORKER II 01/09/2023 $ 51,714.81 $ 54,300.64 $ 57,015.67 $ 59,866.45 $ 62,859.73 M 4100 STREET MAINTENANCE WORKER III 01/09/2023 $ 56,892.65 $ 59,737.22 $ 62,724.02 $ 65,860.33 $ 69,153.31 B 1284 STREET SUPERINTENDENT 01/09/2023 $ 96,460.00 $ 101,283.00 $ 106,347.15 $ 111,664.53 $ 117,247.77 I 6565 SUBSTATION TECHNICIAN 01/09/2023 $ 147,179.50 $ 154,544.00 I 6560 SUBSTATION/METER SUPERVISOR 01/09/2023 $ 175,866.60 B 1205 SUPERVISING ACCOUNTANT 01/09/2023 $ 89,187.41 $ 93,646.69 $ 98,329.14 $ 103,245.61 $ 108,407.83 M 4120 TRAFFIC SIGN WORKER 01/09/2023 $ 49,259.01 $ 51,721.81 $ 54,307.94 $ 57,023.30 $ 59,874.56 G 2190 TRANSPORTATION COORDINATOR 06/07/2023 $ 56,771.09 $ 59,759.04 $ 62,904.25 $ 66,215.00 $ 69,700.00 B 1295 TRANSPORTATION MANAGER 01/09/2023 $ 111,872.50 $ 117,469.51 $ 123,341.84 $ 129,512.16 $ 135,980.96 I 6521 TROUBLESHOOTING SUPERVISOR 01/09/2023 $ 164,486.14 B 1267 UTILITIES MANAGER 01/09/2023 $ 136,852.65 $ 143,695.40 $ 150,880.19 $ 158,424.03 $ 166,345.35 B 1280 UTILITIES SUPERINTENDENT 01/09/2023 $ 124,416.33 $ 130,637.15 $ 137,169.08 $ 144,027.52 $ 151,228.91 G 2015 UTILITY BILLING SPECIALIST 01/09/2023 $ 50,183.28 $ 52,692.46 $ 55,327.07 $ 58,093.43 $ 60,998.09 I 6530 UTILITY EQUIPMENT SPECIALIST 01/09/2023 $ 82,868.76 $ 87,024.60 $ 91,386.88 $ 95,943.38 $ 100,751.56 I 6570 UTILITY WAREHOUSE SUPERVISOR 01/09/2023 $ 93,848.30 $ 98,539.48 $ 103,469.34 $ 108,641.78 $ 114,070.84 M 4085 W/WW MAINTENANCE WORKER I 01/09/2023 $ 47,021.32 $ 49,373.58 $ 51,841.44 $ 54,433.28 $ 57,157.42 M 4086 W/WW MAINTENANCE WORKER II 01/09/2023 $ 51,714.81 $ 54,300.64 $ 57,015.67 $ 59,866.45 $ 62,859.73 M 4212 W/WW MAINTENANCE WORKER III 01/09/2023 $ 56,892.65 $ 59,737.07 $ 62,724.19 $ 65,860.33 $ 69,153.31 M 4180 W/WW SUPERVISOR 01/09/2023 $ 77,539.64 $ 81,419.03 $ 85,486.47 $ 89,763.40 $ 94,252.47 G 2180 WATER CONSERVATION SPECIALIST 06/07/2023 $ 41,312.64 $ 43,378.31 $ 45,547.27 $ 47,824.57 $ 50,215.80 M 4200 WATER PLANT OPERATOR II 01/09/2023 $ 70,770.64 $ 74,309.26 $ 78,024.68 $ 81,925.88 $ 86,022.12 M 4201 WATER PLANT OPERATOR III 01/09/2023 $ 77,847.89 $ 81,740.14 $ 85,827.08 $ 90,118.54 $ 94,624.40 B 1290 WATER PLANT SUPERINTENDENT 01/09/2023 $ 117,231.38 $ 123,093.09 $ 129,247.37 $ 135,709.75 $ 142,495.22 G 2206 WATER SERVICE TECHNICIAN I 01/09/2023 $ 75,073.66 $ 78,827.35 $ 82,768.71 $ 86,907.08 $ 91,252.41 G 2207 WATER SERVICE TECHNICIAN II 01/09/2023 $ 82,580.90 $ 86,709.91 $ 91,045.44 $ 95,597.77 $ 100,377.70 G 2209 WATERSHED PROGRAM COORDINATOR 01/09/2023 $ 48,274.27 $ 50,687.85 $ 53,222.20 $ 55,883.35 $ 58,677.61 M 4220 WELDER-MECHANIC 01/09/2023 $ 59,284.42 $ 62,250.90 $ 65,363.79 $ 68,631.76 $ 72,063.06 M 4150 WW OPERATIONS SUPERVISOR 01/09/2023 $ 91,188.24 $ 95,747.56 $ 100,535.00 $ 105,561.66 $ 110,839.85 M 4170 WW PLANT OPERATOR I 01/09/2023 $ 64,335.23 $ 67,552.05 $ 70,929.57 $ 74,476.07 $ 78,199.91 M 4172 WW PLANT OPERATOR II 01/09/2023 $ 70,770.64 $ 74,309.26 $ 78,024.68 $ 81,925.88 $ 86,022.12 M 4173 WW PLANT OPERATOR III 01/09/2023 $ 77,847.89 $ 81,740.14 $ 85,827.08 $ 90,118.54 $ 94,624.40 B 1285 WW PLANT SUPERINTENDENT 01/09/2023 $ 117,231.38 $ 123,093.09 $ 129,247.37 $ 135,709.75 $ 142,495.22 G 2028 YOUTH OUTREACH WORKER 01/09/2023 $ 52,727.43 $ 55,907.81 $ 59,255.60 $ 62,798.60 $ 67,206.55 BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 PT 7500 PT-COUNCILMEMBER 01/01/2014 396.960 Pay Period Rate of Pay
BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 PT 7000 PT-ACCOUNTANT 01/09/2023 39.600 PT 7045 PT-ADMIN CLERK 01/09/2023 19.860 20.860 21.900 22.990 24.140 PT 7040 PT-ADMIN SUPPORT WORKER 01/01/2022 16.000 16.000 16.000 16.800 17.640 PT 7750 PT-ADMINISTRATIVE TRAINING OFF-RET 01/23/2023 54.259 PT 7170 PT-AQUAT FITNESS INSTRUCTOR 01/01/2023 16.000 16.800 PT 7160 PT-AQUATICS COORDINATOR 01/09/2023 26.160 27.470 28.840 30.290 31.800 PT 7550 PT-ASSISTANT ANIMAL SERVICES OFF 01/09/2023 22.410 23.540 24.710 25.950 27.240 PT 7310 PT-BOAT OPERATOR 01/01/2022 18.000 18.900 19.845 20.837 21.879 PT 7180 PT-CASHIER 01/01/2023 15.500 15.500 15.500 15.500 16.275 PT 7725 PT-CITY CLERK-RET 01/09/2023 67.690 PT 7620 PT-CODE ENFORCEMENT OFFICER 01/01/2014 21.610 22.690 23.820 25.010 26.260 PT 7595 PT-COMMUNITY SERVICE OFFICER 03/11/2019 22.831 23.973 25.171 26.430 27.751 PT 7640 PT-CONSULTANT 09/26/2019 25.000 100.000 PT 7590 PT-COURT LIAISON 01/01/2022 21.060 22.113 23.219 24.380 25.599 PT 7010 PT-CUSTOMER SERVICE REP 01/09/2023 19.940 20.940 21.980 23.080 24.240 PT 7490 PT-DEPTY WATER CONSERVATION OFF 01/01/2023 15.500 16.275 17.089 PT 7720 PT-DEPUTY CITY CLERK-RET 10/31/2019 23.380 24.550 25.780 27.060 28.420 PT 7060 PT-DOCENT COORD 01/01/2022 16.000 16.000 16.800 17.640 18.522 PT 7121 PT-ELECTRIC DIST OP II 07/21/2021 61.214 64.275 PT 7100 PT-ELECTRICAL ESTIMATOR 01/01/2014 62.350 PT 7090 PT-ELECTRICAL TECHNICIAN 01/01/2014 57.420 PT 7250 PT-EVENT ATTENDANT 01/01/2022 16.000 16.800 17.640 18.522 19.448 PT 7455 PT-FACILITY MAINTENANCE WORKER 01/09/2023 26.100 27.410 28.780 30.220 31.730 PT 7460 PT-FACILITY SUPVERVISOR 01/01/2023 15.500 15.500 16.275 17.089 17.943 PT 7115 PT-FIELD SERVICES REPRESENTATIVE 01/09/2023 27.120 28.470 29.890 31.390 32.960 PT 7020 PT-FINANCE TECHNICIAN 01/09/2023 26.540 27.870 29.260 30.720 32.260 PT 7740 PT-FLEET SUPERINTENDENT-RET 01/09/2023 40.288 42.303 44.418 46.639 48.971 PT 7320 PT-GATE ATTENDANT 01/01/2023 15.500 15.500 15.500 15.500 16.275 PT 7450 PT-HEAVY EQUIPMENT MECHANIC 01/09/2023 28.500 29.930 31.420 33.000 34.650 PT 7230 PT-HOUSE MANAGER 01/01/2023 15.500 16.275 17.088 17.943 18.840 PT 7303 PT-INSTRUCTOR-SWIM 01/01/2022 16.000 16.800 PT 7070 PT-INTERN 01/01/2023 15.500 18.000 21.000 25.000 30.000 PT 7301 PT-KENNEL AIDE 01/01/2022 16.800 17.640 18.522 19.448 20.421 PT 7302 PT-KENNEL TECHNICIAN 01/01/2022 17.354 18.222 19.133 20.089 21.093 PT 7290 PT-LABORER A 01/01/2022 16.000 16.000 16.800 0.000 0.000 PT 7300 PT-LABORER B 01/01/2022 16.800 17.640 18.522 19.448 20.421 PT 7710 PT-LEGAL SECRETRAY-RET 10/31/2019 25.780 27.070 28.430 29.850 31.340 PT 7430 PT-LIBRARIAN II 01/09/2023 34.310 36.020 37.820 39.710 41.700 PT 7410 PT-LIBRARY AIDE 01/01/2023 15.500 16.275 17.089 17.943 PT 7420 PT-LIBRARY ASSCOCIATE 01/01/2022 18.651 19.584 20.563 21.591 22.671 PT 7445 PT-LIBRARY ASSISTANT 01/09/2023 20.860 21.900 22.990 24.140 25.350 PT 7200 PT-LIFEGUARD 01/01/2022 16.000 16.000 16.000 16.000 16.800 PT 7220 PT-LYC COORDINATOR 01/01/2014 16.000 16.790 17.620 18.510 19.440 PT 7480 PT-MANAGEMT ANALYST 01/09/2023 36.270 38.080 39.980 41.980 44.080 PT 7650 PT-MARKETING COORDINATOR 02/12/2018 22.550 23.740 24.990 26.310 27.690 PT 7110 PT-METER READER 01/01/2014 20.107 21.113 22.168 23.277 24.440 PT 7330 PT-PARK ATTENDANT 01/01/2023 15.500 15.500 15.500 15.500 16.275 PT 7585 PT-PARKING ENFORCEMENT OFFICER 01/10/2022 21.309 22.374 23.493 24.667 25.901 PT 7565 PT-PARTNERS SUPERVISOR 03/08/2018 23.000 24.150 25.360 26.630 27.960 PT 7005 PT-PIO RET ANN 03/17/2020 65.000 PT 7510 PT-PLANNING COMMISSIONER 01/01/2014 20.000 PT 7600 PT-PO/CRIME ANALYST 07/11/2022 43.589 Hourly Rate of Pay
BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 PT 7570 PT-POLICE CHAPLAIN 01/01/2014 20.000 PT 7560 PT-POLICE OFFICER 07/11/2022 43.589 PT 7561 PT-POLICE OFFICER-RET 07/11/2022 43.589 PT 7630 PT-PROFESIONAL STANDARDS OFF 01/01/2014 50.000 55.000 PT 7260 PT-PROGRAM COORDINATOR 01/09/2023 23.210 24.370 25.590 26.870 28.210 PT 7520 PT-PROGRAMMER/ANALYST 04/01/2018 28.000 29.400 30.870 32.410 34.030 PT 7575 PT-PROPERTY & EVIDENCE TECHN 01/09/2023 26.960 28.310 29.720 31.210 32.770 PT 7400 PT-REC. SCORKEEPER 01/01/2023 15.500 16.275 PT 7360 PT-RECREATION LEADER 07/01/2023 16.750 17.590 PT 7370 PT-RECREATION SPECIALIST 07/01/2023 20.950 22.000 PT 7240 PT-RENTAL CONSULTANT 01/01/2022 16.000 16.800 17.640 18.522 19.448 PT 7270 PT-SCENE TECHNICIAN 01/01/2022 16.000 16.800 17.640 18.522 19.448 PT 7391 PT-SPORTS OFFICIAL-ADULT 06/01/2018 25.000 PT 7390 PT-SPORTS OFFICIAL-YOUTH 01/01/2023 15.500 17.000 19.000 21.000 25.000 PT 7030 PT-SR ADMINISTRATIVE CLERK 01/09/2023 21.850 22.940 24.090 25.290 26.560 PT 7470 PT-SR CIVIL ENGEER 01/09/2023 58.360 61.280 64.340 67.560 70.930 PT 7210 PT-SR LIFEGUARD 01/01/2022 17.640 18.520 19.440 PT 7540 PT-SR PROGRAMMER/ANALYST 01/09/2023 44.830 47.070 49.420 51.900 54.490 PT 7280 PT-STAGE TECHNICIAN 01/01/2014 21.200 22.260 23.370 24.540 25.770 PT 7605 PT-SUPPORT SERVICES OFFICER 06/07/2017 32.738 PT 7530 PT-TECHNOLOGY SUPPORT SPECIALST 03/06/2017 23.040 24.190 25.400 26.670 28.000 PT 7745 PT-TRANSPORTATION MANAGER-RET 01/09/2023 53.785 56.476 59.299 62.266 65.376 PT 7130 PT-UTILITY EQUIPMENT SPECIALIST 01/01/2014 28.060 29.470 30.950 32.490 34.120 PT 7120 PT-UTILITY SERVICE OPERATOR II 01/01/2014 60.890 PT 7730 PT-WW PLANT OPERATOR II-RET 01/09/2023 34.020 35.730 37.510 39.390 41.360 PT 7660 PT-YOUTH OUTREACH WORKER 01/09/2023 25.350 26.880 28.490 30.190 32.310 RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE
CITY OF LODI PAY SCHEDULE EFFECTIVE AUGUST 16, 2023, PURSUANT TO PUBLIC EMPLOYEES’ RETIREMENT LAW, GOVERNMENT CODE
SECTIONS 20636 AND 20636.1 AND CALIFORNIA CODE OF
REGULATIONS SECTION 570.5
=================================================================== =====
WHEREAS, the City of Lodi contracts with California Public Employees’ Retirement System (CalPERS) to provide retirement benefits for its employees who are members; and
WHEREAS, all employers must comply with compensation earnable provisions and corresponding regulations of the Public Employees’ Retirement Law (PERL) and California Code of Regulations, Section 570.5; and
WHEREAS, the regulations require employers to review their pay schedules and to verify that all members’ pay amounts are accurately reported and approved by the governing body in accordance with requirements of applicable public meeting laws; and
WHEREAS, the Human Resources Manager verifies that the attached pay schedule, dated August 16, 2023 , conforms with the requirements under the PERL and the California Code of Regulations.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the City of Lodi pay schedule dated August 16, 2023, attached hereto and made a part of this Resolution.
Dated: April 19, 2023
=================================================================== =====
I hereby certify that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 16, 2023, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
PAMELA M. FARRIS
Assistant City Clerk
2023-____
BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 B 1200 ACCOUNTANT 01/09/2023 $ 75,772.75 $ 79,560.69 $ 83,539.38 $ 87,716.60 $ 92,102.00 CMM 1540 ACCOUNTING MANAGER 01/09/2023 $ 133,734.66 $ 140,421.37 $ 147,442.50 $ 154,814.61 $ 162,555.37 B 1385 ADMINISTRATIVE ANALYST 01/09/2023 $ 63,843.37 $ 67,035.53 $ 70,387.32 $ 73,906.68 $ 77,602.02 CMM 1571 ADMINISTRATIVE ANALYST-C 01/09/2023 $ 68,950.84 $ 72,398.38 $ 76,018.30 $ 79,819.21 $ 83,810.18 G 2702 ADMINISTRATIVE ASSISTANT 01/09/2023 $ 54,952.91 $ 57,700.64 $ 60,585.69 $ 63,614.95 $ 66,795.66 CGS 1970 ADMINISTRATIVE ASSISTANT-C 01/09/2023 $ 58,250.08 $ 61,162.68 $ 64,220.83 $ 67,431.85 $ 70,803.40 CGS 1900 ADMINISTRATIVE CLERK - C 01/09/2023 $ 43,805.06 $ 45,995.32 $ 48,295.09 $ 50,709.86 $ 53,245.34 G 2700 ADMINISTRTIVE CLERK 01/09/2023 $ 41,312.64 $ 43,378.31 $ 45,547.27 $ 47,824.57 $ 50,215.80 G 2021 ANIMAL SERVICE SUPERVISOR 01/09/2023 $ 53,613.79 $ 56,294.59 $ 59,109.28 $ 62,064.67 $ 65,167.95 I 6566 APPRENTICE SUBSTATION TECHNICIAN 06/07/2023 $ 104,597.74 $ 109,827.64 $ 115,318.84 $ 121,084.86 $ 127,139.22 G 2603 AQUATICS COORDINATOR 01/09/2023 $ 54,419.19 $ 57,140.22 $ 59,997.24 $ 62,997.07 $ 66,146.85 G 2020 ASSISTANT ANIMAL SERVICE OFFICER 01/09/2023 $ 46,621.94 $ 48,952.98 $ 51,400.73 $ 53,970.77 $ 56,669.29 CMM 1525 ASSISTANT CITY ATTORNEY 02/01/2023 $ 158,684.76 $ 166,618.96 $ 174,949.90 $ 183,697.39 $ 192,882.26 CMM 1500 ASSISTANT CITY CLERK 01/09/2023 $ 68,185.61 $ 71,594.89 $ 75,174.63 $ 78,933.36 $ 82,880.01 B 1300 ASSISTANT ENG/PLANS EXAMINER 01/09/2023 $ 90,138.46 $ 94,645.44 $ 99,377.70 $ 104,346.56 $ 109,563.75 B 1230 ASSISTANT ENGINEER 01/09/2023 $ 97,800.25 $ 102,690.28 $ 107,824.77 $ 113,216.03 $ 118,876.65 B 1235 ASSISTANT PLANNER 01/09/2023 $ 68,111.79 $ 71,517.36 $ 75,093.19 $ 78,847.79 $ 82,790.18 B 1236 ASSISTANT TRANSPORTATION PLANNER 01/09/2023 $ 68,111.79 $ 71,517.36 $ 75,093.19 $ 78,847.79 $ 82,790.18 B 1240 ASSOCIATE CIVIL ENGINEER 01/09/2023 $ 107,580.17 $ 112,959.13 $ 118,607.04 $ 124,537.51 $ 130,764.30 B 1245 ASSOCIATE PLANNER 01/09/2023 $ 74,922.94 $ 78,669.19 $ 82,602.56 $ 86,732.72 $ 91,069.29 CMM 1575 BUDGET ANALYST 01/09/2023 $ 81,468.38 $ 85,541.77 $ 89,817.98 $ 94,310.62 $ 99,025.33 CMM 1511 BUDGET MANAGER 01/09/2023 $ 133,734.66 $ 140,421.37 $ 147,442.50 $ 154,814.61 $ 162,555.37 G 2072 BUILDING INSPECTOR I 01/09/2023 $ 63,452.70 $ 66,469.24 $ 69,792.71 $ 73,282.45 $ 76,946.49 G 2073 BUILDING INSPECTOR II 01/09/2023 $ 69,634.50 $ 73,116.17 $ 76,772.02 $ 80,610.70 $ 84,641.20 M 4701 BUILDING SERVICES SUPERVISOR 01/09/2023 $ 65,696.34 $ 68,981.04 $ 72,430.05 $ 76,051.68 $ 79,854.38 CMM 1530 BUSINESS DEVLOPMENT MANAGER 01/09/2023 $ 109,661.83 $ 115,144.93 $ 120,902.17 $ 126,947.27 $ 133,294.63 G 2075 CDD PROGRAM SPECIALIST 01/09/2023 $ 68,675.09 $ 72,108.84 $ 75,714.28 $ 79,500.00 $ 83,475.00 B 1310 CHIEF BUILDING OFFICIAL 01/09/2023 $ 125,051.17 $ 131,302.61 $ 137,868.14 $ 144,760.55 $ 151,999.66 CA 1002 CITY ATTORNEY 01/09/2023 $ 234,935.06 CA 1003 CITY CLERK 01/09/2023 $ 140,801.49 B 1250 CITY ENGINEER/DEPUTY PW DIRECTOR 01/09/2023 $ 143,167.71 $ 150,325.99 $ 157,842.00 $ 165,734.51 $ 173,917.74 CA 1001 CITY MANAGER 01/09/2023 $ 256,793.59 B 1306 CITY PLANNER 01/09/2023 $ 120,288.34 $ 126,301.69 $ 132,617.16 $ 139,247.06 $ 146,210.45 A 1170 COMMUNITY DEVELOPMENT DIRECTOR 01/09/2023 $ 184,633.46 G 2032 COMMUNITY IMPROVEMENT OFFICER I 01/09/2023 $ 60,289.65 $ 63,304.13 $ 66,469.34 $ 69,792.82 $ 73,282.44 G 2022 COMMUNITY IMPROVEMENT OFFICER II 01/09/2023 $ 66,318.58 $ 69,634.50 $ 73,116.17 $ 76,772.02 $ 80,610.70 S 6400 COMMUNITY SERVICE OFFICER 07/10/2023 $ 58,877.29 $ 61,821.18 $ 64,912.37 $ 68,157.94 $ 71,565.73 B 1255 COMPLIANCE MANAGER 01/09/2023 $ 97,800.12 $ 102,690.12 $ 107,824.62 $ 113,215.85 $ 118,876.65 B 1260 CONSTRUCTION PROJECT MANAGER 01/09/2023 $ 94,566.31 $ 99,294.72 $ 104,259.37 $ 109,472.30 $ 114,945.95 I 6550 CONSTRUCTION/MAINT SUPERVISOR 01/09/2023 $ 180,939.46 G 2011 CUSTOMER SERVICE REP I 01/09/2023 $ 41,473.93 $ 43,547.62 $ 45,724.96 $ 48,011.10 $ 50,411.68 G 2012 CUSTOMER SERVICE REP II 01/09/2023 $ 45,621.14 $ 47,902.13 $ 50,297.22 $ 52,812.09 $ 55,452.82 B 1210 CUSTOMER SERVICE SUPERVISOR 01/09/2023 $ 70,414.80 $ 73,935.61 $ 77,632.40 $ 81,514.15 $ 85,589.67 CMM 1519 DEPUTY CITY ATTORNEY I 03/15/2023 $ 114,985.00 $ 120,734.25 $ 126,770.96 $ 133,109.51 $ 139,764.99 CMM 1520 DEPUTY CITY ATTORNEY II 01/09/2023 $ 137,986.75 $ 144,886.05 $ 152,130.35 $ 159,736.86 $ 167,723.70 CGS 1920 DEPUTY CITY CLERK 01/09/2023 $ 59,670.35 $ 62,653.87 $ 65,786.57 $ 69,075.90 $ 72,529.69 A 1100 DEPUTY CITY MANAGER 01/09/2023 $ 211,700.15 B 1375 DEPUTY DIRECTOR PRCS 01/09/2023 $ 107,365.97 $ 112,734.26 $ 118,370.96 $ 124,289.52 $ 130,503.99 FM 6120 DEPUTY FIRE CHIEF 07/10/2023 $ 159,333.15 $ 167,299.69 $ 175,664.67 $ 184,447.97 $ 193,670.37 PM 6430 DISPATCH SUPERVISOR 07/10/2023 $ 89,429.09 $ 93,900.69 $ 98,595.74 $ 103,525.45 $ 108,701.71 S 6410 DISPATCHER/JAILER 07/10/2023 $ 67,001.37 $ 70,351.37 $ 73,869.03 $ 77,562.42 $ 81,440.52 B 1328 ELEC UTILITY RESOURCE ANALYST 01/09/2023 $ 119,534.31 $ 125,511.00 $ 131,786.58 $ 138,375.89 $ 145,294.69 City of Lodi
Annual Rate of Pay
Salary Schedule dated July 10, 2023
BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 I 6535 ELECTRIC DISTRIBUTION OP SUPRV 01/09/2023 $ 152,942.92 $ 160,603.56 I 6531 ELECTRIC DISTRIBUTION OPERATOR I 01/09/2023 $ 114,387.78 $ 120,107.00 $ 126,517.56 $ 132,418.26 $ 139,038.90 I 6532 ELECTRIC DISTRIBUTION OPERATOR II 01/09/2023 $ 139,038.90 $ 145,990.78 I 6505 ELECTRIC FOREPERSON 01/09/2023 $ 164,486.14 I 6500 ELECTRIC GROUNDWORKER 01/09/2023 $ 75,345.14 $ 79,111.24 $ 83,062.46 $ 87,226.10 $ 91,575.64 I 6501 ELECTRIC LINE APPRENTICE I 01/09/2023 $ 92,628.38 $ 97,259.50 $ 102,122.54 $ 107,228.68 $ 112,589.88 I 6502 ELECTRIC LINE APPRENTICE II 01/09/2023 $ 123,849.44 $ 130,042.12 I 6504 ELECTRIC LINEPERSON 01/09/2023 $ 136,209.84 $ 143,049.40 I 6507 ELECTRIC MATERIALS TECHNICIAN 01/09/2023 $ 85,316.66 $ 89,581.18 $ 94,063.06 $ 98,765.16 $ 103,700.74 I 6520 ELECTRIC TROUBLESHOOTER 01/09/2023 $ 146,392.74 A 1103 ELECTRIC UTILITY DIRECTOR 01/09/2023 $ 230,546.83 B 1330 ELECTRIC UTILITY SUPERINTENDENT 01/09/2023 $ 164,733.21 $ 172,969.87 $ 181,618.38 $ 190,699.29 $ 200,234.24 B 1343 ELECTRICAL ENGINEER 01/09/2023 $ 121,445.67 $ 127,518.04 $ 133,893.80 $ 140,588.56 $ 147,618.00 I 6554 ELECTRICAL ENGINEERING TECHNICIAN 01/09/2023 $ 88,340.20 $ 92,742.52 $ 97,383.52 $ 102,263.20 $ 107,355.04 I 6506 ELECTRICIAN 01/09/2023 $ 109,144.34 $ 114,625.06 G 2200 ENGINEERING TECHNICIAN I 01/09/2023 $ 63,905.78 $ 67,100.98 $ 70,456.00 $ 73,978.87 $ 77,677.83 G 2201 ENGINEERING TECHNICIAN II 01/09/2023 $ 70,296.34 $ 73,811.00 $ 77,501.60 $ 81,376.65 $ 85,445.48 M 4160 ENVIRONMENTAL COMPLIANCE INSP 01/09/2023 $ 67,420.11 $ 70,791.12 $ 74,330.66 $ 78,047.20 $ 81,949.52 M 4000 EQUIPMENT SERVICE WORKER 01/09/2023 $ 49,399.75 $ 51,869.72 $ 54,463.16 $ 57,186.32 $ 60,045.70 G 2605 EVENTS COORDINATOR 01/09/2023 $ 65,058.51 $ 68,311.33 $ 71,726.85 $ 75,313.33 $ 79,079.08 CGS 1955 EXECUTIVE ADMINISTRATIVE ASST 01/09/2023 $ 76,176.02 $ 79,984.81 $ 83,984.05 $ 88,183.25 $ 92,592.42 M 4055 FACILITIES MAINTENANCE WORKER 01/09/2023 $ 54,294.55 $ 57,009.24 $ 59,859.75 $ 62,852.74 $ 65,995.35 B 1393 FACILITIES SUPERINTENDENT 01/09/2023 $ 90,261.33 $ 94,774.41 $ 99,513.12 $ 104,488.78 $ 109,713.21 M 4050 FACILITIES SUPERVISOR 01/09/2023 $ 68,687.19 $ 72,121.57 $ 75,727.60 $ 79,514.03 $ 83,489.65 G 2050 FIELD SERVICES REPRESENTATIVE 01/09/2023 $ 56,399.69 $ 59,219.70 $ 62,180.71 $ 65,289.79 $ 68,554.19 G 2051 FIELD SERVICES SUPERVISOR 01/09/2023 $ 64,923.00 $ 68,169.19 $ 71,577.66 $ 75,156.39 $ 78,914.24 G 2014 FINANCE TECHNICIAN 01/09/2023 $ 55,201.58 $ 57,961.71 $ 60,859.78 $ 63,902.88 $ 67,097.90 FM 6100 FIRE BATTALION CHIEF - 80 07/10/2023 $ 132,777.72 $ 139,416.54 $ 146,387.36 $ 153,706.70 $ 161,392.07 FM 6101 FIRE BATTALION CHIEF -112 07/10/2023 $ 132,777.72 $ 139,416.54 $ 146,387.36 $ 153,706.70 $ 161,392.07 F 6040 FIRE CAPTAIN - 112 01/09/2023 $ 107,483.52 $ 112,857.60 $ 118,500.44 $ 124,425.24 $ 130,646.78 F 6041 FIRE CAPTAIN - 80 01/09/2023 $ 107,483.52 $ 112,857.60 $ 118,500.44 $ 124,425.24 $ 130,646.78 F 6042 FIRE CAPTAIN - ACTING 01/09/2023 $ 104,352.93 $ 109,570.51 $ 115,048.89 $ 120,801.34 $ 126,841.43 A 1102 FIRE CHIEF 01/09/2023 $ 206,481.92 F 6021 FIRE ENGINEER - 112 01/09/2023 $ 92,848.33 $ 97,490.69 $ 102,365.27 $ 107,483.52 $ 112,857.60 F 6020 FIRE ENGINEER - 80 01/09/2023 $ 92,848.33 $ 97,490.69 $ 102,365.27 $ 107,483.52 $ 112,857.60 F 6000 FIREFIGHTER I - 112 01/09/2023 $ 72,748.98 F 6001 FIREFIGHTER I - 80 01/09/2023 $ 72,748.98 F 6002 FIREFIGHTER II - 112 01/09/2023 $ 80,205.23 $ 84,215.43 $ 88,426.04 $ 92,847.47 $ 97,489.66 F 6003 FIREFIGHTER II - 80 01/09/2023 $ 80,205.23 $ 84,215.43 $ 88,426.04 $ 92,847.47 $ 97,489.66 M 4036 FLEET SERVICES COORDINATOR 03/06/2023 $ 54,111.32 $ 56,816.83 $ 59,657.64 $ 62,640.68 $ 65,772.71 M 4040 FLEET SERVICES SUPERVISOR 01/09/2023 $ 74,991.18 $ 78,740.72 $ 82,677.82 $ 86,811.73 $ 91,152.21 B 1395 FLEET SUPERINTENDENT 01/09/2023 $ 83,799.26 $ 87,989.20 $ 92,388.73 $ 97,008.18 $ 101,858.47 M 4020 HEAVY EQUIPMENT MECHANIC 01/09/2023 $ 59,285.90 $ 62,250.24 $ 65,362.66 $ 68,630.79 $ 72,062.41 CMM 1550 HUMAN RESOURCES MANAGER 01/09/2023 $ 133,734.66 $ 140,421.37 $ 147,442.50 $ 154,814.61 $ 162,555.37 CGS 1930 HUMAN RESOURCES TECHNICIAN 01/09/2023 $ 58,513.67 $ 61,439.41 $ 64,511.37 $ 67,737.05 $ 71,123.77 G 2400 INFORMATION SYSTEMS SPECIALIST 01/09/2023 $ 62,696.56 $ 65,831.54 $ 69,127.34 $ 72,579.08 $ 76,208.04 B 1226 INFORMATION TECHNOLOGY MANAGER 01/09/2023 $ 129,900.46 $ 136,395.46 $ 143,215.30 $ 150,376.06 $ 157,894.85 G 2203 JUNIOR ENGINEER 01/09/2023 $ 83,511.93 $ 87,687.57 $ 92,071.84 $ 96,675.46 $ 101,509.23 G 2208 JUNIOR PLANNER 01/09/2023 $ 63,104.58 $ 66,259.70 $ 69,572.70 $ 73,051.33 $ 76,703.93 G 2071 JUNIOR PLANS EXAM/ENG 01/09/2023 $ 69,634.50 $ 73,116.17 $ 76,772.02 $ 80,610.70 $ 84,641.20 G 2210 JUNIOR TRANSPORTATION PLANNER 01/09/2023 $ 63,104.58 $ 66,259.70 $ 69,572.70 $ 73,051.33 $ 76,703.93 M 4075 LABORATORY SUPERVISOR 01/09/2023 $ 81,418.07 $ 85,488.98 $ 89,763.40 $ 94,251.56 $ 98,964.15 M 4070 LABORATORY TECHNICIAN I 01/09/2023 $ 53,701.38 $ 56,386.55 $ 59,205.93 $ 62,166.23 $ 65,274.41 M 4071 LABORATORY TECHNICIAN II 01/09/2023 $ 59,066.94 $ 62,020.27 $ 65,121.31 $ 68,377.43 $ 71,796.20 S 6420 LEAD DISPATCHER JAILER 07/10/2023 $ 71,054.39 $ 74,607.06 $ 78,337.38 $ 82,254.27 $ 86,366.88 BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 I 6508 LEAD ELCTRICIAN 01/09/2023 $ 126,088.07 M 4010 LEAD EQUIPMENT MECHANIC 01/09/2023 $ 65,214.45 $ 68,475.24 $ 71,898.92 $ 75,493.88 $ 79,268.61 B 1350 LIBRARIAN I 01/09/2023 $ 64,868.24 $ 68,111.61 $ 71,517.20 $ 75,093.03 $ 78,847.79 B 1351 LIBRARIAN II 01/09/2023 $ 71,355.14 $ 74,922.94 $ 78,669.00 $ 82,602.56 $ 86,732.55 G 2500 LIBRARY ASSISTANT 01/09/2023 $ 43,378.44 $ 45,547.27 $ 47,824.72 $ 50,215.95 $ 52,726.62 A 1105 LIBRARY DIRECTOR 01/09/2023 $ 160,540.46 G 2510 LIBRARY TECHNICNICIAN 01/09/2023 $ 54,873.51 $ 57,617.16 $ 60,498.05 $ 63,522.96 $ 66,699.07 B 1357 LITRACY/PROGRAM MANAGER 01/09/2023 $ 68,458.94 $ 71,881.89 $ 75,476.02 $ 79,249.80 $ 83,212.27 M 4080 MAINTENANCE WORKER I 01/09/2023 $ 47,021.32 $ 49,373.58 $ 51,841.44 $ 54,433.28 $ 57,157.42 M 4081 MAINTENANCE WORKER II 01/09/2023 $ 51,714.81 $ 54,300.64 $ 57,015.67 $ 59,866.45 $ 62,859.73 B 1380 MANAGEMENT ANALYST 01/09/2023 $ 75,433.68 $ 79,205.34 $ 83,164.79 $ 87,324.64 $ 91,690.12 CMM 1570 MANAGEMENT ANALYST-C 01/09/2023 $ 81,468.38 $ 85,541.77 $ 89,817.98 $ 94,310.62 $ 99,025.33 B 1320 MANAGER ENGINEERING & OPS 01/09/2023 $ 164,733.21 $ 172,969.87 $ 181,618.38 $ 190,699.29 $ 200,234.24 I 6540 METERING TECHNICIAN 01/09/2023 $ 124,495.80 B 1315 NEIGHBORHOOD SERVICES MANAGER 01/09/2023 $ 108,769.97 $ 114,207.01 $ 119,918.19 $ 125,913.97 $ 132,209.81 B 1220 NETWORK ADMINISTRATOR 01/09/2023 $ 102,585.00 $ 107,714.08 $ 113,100.39 $ 118,755.41 $ 124,693.24 G 2401 NETWORK TECHNICIAN 01/09/2023 $ 75,188.26 $ 78,947.74 $ 82,895.06 $ 87,039.86 $ 91,391.96 G 2027 PARK ENF ASST 01/09/2023 $ 46,981.02 $ 49,330.10 $ 51,796.65 $ 54,386.52 $ 57,105.77 M 4710 PARK MAINTENANCE WORKER I 01/09/2023 $ 44,785.08 $ 47,024.41 $ 49,375.54 $ 51,844.35 $ 54,436.52 M 4711 PARK MAINTENANCE WORKER II 01/09/2023 $ 49,259.01 $ 51,721.81 $ 54,307.94 $ 57,023.30 $ 59,874.56 M 4712 PARK MAINTENANCE WORKER III 01/09/2023 $ 54,186.41 $ 56,925.15 $ 59,740.48 $ 62,727.57 $ 65,863.92 M 4740 PARK SUPERVISOR 01/09/2023 $ 68,687.19 $ 72,121.57 $ 75,727.60 $ 79,514.03 $ 83,489.65 G 2600 PARKS PROJECT COORDINATOR 01/09/2023 $ 77,325.86 $ 81,192.19 $ 85,251.71 $ 89,514.33 $ 93,990.03 G 2016 PAYROLL TECHNICIAN 01/09/2023 $ 55,201.58 $ 57,961.71 $ 60,859.78 $ 63,902.88 $ 67,097.90 G 2070 PERMIT TECHNICIAN 01/09/2023 $ 52,190.66 $ 54,800.81 $ 57,540.82 $ 60,417.96 $ 63,438.85 M 4130 PLANT & EQUIPMENT MAINT TECH 01/09/2023 $ 61,289.87 $ 64,353.19 $ 67,569.15 $ 70,946.49 $ 74,494.01 P 6200 POLCE OFFICER TRAINEE 07/10/2023 $ 76,816.95 $ 80,657.74 $ 84,690.70 $ 88,925.25 $ 93,371.49 PM 6300 POLICE CAPTAIN 07/10/2023 $ 166,099.40 $ 174,404.18 $ 183,124.46 $ 192,280.58 $ 201,894.65 A 1101 POLICE CHIEF 01/09/2023 $ 244,225.21 P 6220 POLICE CORPORAL 07/10/2023 $ 99,948.68 $ 104,946.20 $ 110,193.56 $ 115,703.20 $ 121,488.31 PM 6310 POLICE LIEUTENANT 07/10/2023 $ 138,416.21 $ 145,336.86 $ 152,603.69 $ 160,233.92 $ 168,245.54 P 6210 POLICE OFFICER 07/10/2023 $ 94,291.25 $ 99,005.82 $ 103,956.15 $ 109,154.02 $ 114,611.67 G 2024 POLICE RECORDS CLERK I 01/09/2023 $ 41,005.57 $ 43,055.76 $ 45,208.63 $ 47,469.00 $ 49,842.56 G 2023 POLICE RECORDS CLERK II 01/09/2023 $ 45,106.28 $ 47,361.49 $ 49,729.56 $ 52,216.08 $ 54,826.87 G 2026 POLICE RECORDS CLERK SUPERVISOR 01/09/2023 $ 51,864.25 $ 54,457.50 $ 57,180.31 $ 60,039.25 $ 63,041.33 PM 6320 POLICE SERGEANT 07/10/2023 $ 115,346.85 $ 121,113.95 $ 127,169.67 $ 133,528.20 $ 140,204.72 A 1104 PRCS DIRECTOR 01/09/2023 $ 174,218.98 G 2602 PROGRAM COORDINATOR 01/09/2023 $ 48,274.27 $ 50,687.85 $ 53,222.20 $ 55,883.35 $ 58,677.61 G 2405 PROGRAMMER/ANALYST 01/09/2023 $ 72,631.96 $ 76,159.20 $ 79,967.16 $ 83,965.50 $ 88,163.78 S 6440 PROPERTY & EVIDENCE TECHNICIAN 07/10/2023 $ 58,877.29 $ 61,821.18 $ 64,912.37 $ 68,157.94 $ 71,565.73 CMM 1580 PUBLIC INFORMATION OFFICER-C 01/09/2023 $ 77,660.22 $ 81,543.25 $ 85,620.39 $ 89,901.41 $ 94,396.48 A 1106 PUBLIC WORKS DIRECTOR 01/09/2023 $ 206,804.10 G 2204 PUBLIC WORKS INSPECTOR I 01/09/2023 $ 63,304.14 $ 66,469.24 $ 69,792.71 $ 73,282.45 $ 76,946.49 G 2205 PUBLIC WORKS INSPECTOR II 01/09/2023 $ 69,634.50 $ 73,116.17 $ 76,772.02 $ 80,610.70 $ 84,641.20 B 1390 PW MANAGEMENT ANALYST 01/09/2023 $ 86,748.66 $ 91,086.18 $ 95,640.47 $ 100,422.52 $ 105,443.65 B 1325 RATES & RESOURCES MANAGER 01/09/2023 $ 164,733.21 $ 172,969.87 $ 181,618.38 $ 190,699.29 $ 200,234.24 B 1365 RECREATION MANAGER 01/09/2023 $ 70,312.53 $ 73,828.65 $ 77,520.87 $ 81,396.76 $ 85,466.11 B 1206 REVENUE MANAGER 01/09/2023 $ 111,933.56 $ 117,530.23 $ 123,406.76 $ 129,577.09 $ 136,055.94 CGS 1935 RISK MANAGEMENT TECHNICIAN 01/09/2023 $ 58,513.67 $ 61,439.41 $ 64,511.37 $ 67,737.05 $ 71,123.77 CMM 1560 RISK MANAGER 01/09/2023 $ 133,734.66 $ 140,421.37 $ 147,442.50 $ 154,814.61 $ 162,555.37 G 2701 SENIOR ADMINISTRATIVE CLERK 01/09/2023 $ 45,443.94 $ 47,716.08 $ 50,101.99 $ 52,607.05 $ 55,237.46 CGS 1960 SENIOR ADMINISTRATIVE CLERK-C 01/09/2023 $ 48,170.58 $ 50,579.04 $ 53,108.11 $ 55,763.47 $ 58,551.71 B 1270 SENIOR CIVIL ENGINEER 01/09/2023 $ 121,381.65 $ 127,454.46 $ 133,826.95 $ 140,520.68 $ 147,539.35 G 2010 SENIOR CUSTOMER SERVICE REP 01/09/2023 $ 47,902.20 $ 50,297.23 $ 52,812.08 $ 55,452.70 $ 58,225.46 B 1345 SENIOR ELEC UTL BUSINESS ANLYST 03/06/2023 $ 100,027.59 $ 105,029.27 $ 110,280.75 $ 115,794.80 $ 121,584.52 BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 I 6555 SENIOR ELECTRICAL ENGINEER TECH 01/09/2023 $ 127,543.78 G 2202 SENIOR ENGINEERING TECHNICIAN 01/09/2023 $ 77,325.86 $ 81,192.19 $ 85,251.71 $ 89,514.33 $ 93,990.03 M 4060 SENIOR FACILITIES MAIN WORKER 01/09/2023 $ 59,723.90 $ 62,710.02 $ 65,845.55 $ 69,137.87 $ 72,594.85 G 2505 SENIOR LIBRARY ASSISTANT 01/09/2023 $ 47,716.08 $ 50,101.99 $ 52,607.05 $ 55,237.46 $ 57,999.21 G 2017 SENIOR PAYROLL TECHNICIAN 01/09/2023 $ 60,721.73 $ 63,757.89 $ 66,945.77 $ 70,293.17 $ 73,807.72 G 2069 SENIOR PERMIT TECHNICIAN 01/09/2023 $ 60,019.26 $ 63,020.93 $ 66,171.94 $ 69,480.66 $ 72,954.56 B 1305 SENIOR PLANNER 01/09/2023 $ 91,251.06 $ 95,814.11 $ 100,603.93 $ 105,635.07 $ 110,916.56 G 2025 SENIOR PO ADMIN CLERK 01/09/2023 $ 48,104.61 $ 50,510.01 $ 53,035.34 $ 55,687.00 $ 58,471.46 B 1335 SENIOR POWER ENGINEER 01/09/2023 $ 133,591.54 $ 140,271.14 $ 147,284.60 $ 154,648.84 $ 162,381.34 B 1215 SENIOR PROGRAMMER/ANALYST 01/09/2023 $ 93,244.45 $ 97,906.51 $ 102,802.48 $ 107,943.86 $ 113,341.05 M 4140 SENIOR STOREKEEPER 01/09/2023 $ 55,683.28 $ 58,467.38 $ 61,390.79 $ 64,460.32 $ 67,683.40 B 1275 SENIOR TRAFFIC ENGINEER 01/09/2023 $ 121,381.65 $ 127,454.46 $ 133,826.95 $ 140,520.68 $ 147,539.35 B 1276 SENIOR TRANSPORTATION PLANNER 01/09/2023 $ 91,251.06 $ 95,813.89 $ 100,604.57 $ 105,634.81 $ 110,916.56 M 4035 SERVICE WRITER 03/06/2023 $ 47,053.33 $ 49,405.94 $ 51,876.21 $ 54,470.16 $ 57,193.66 M 4110 STREET MAINTENANCE SUPERVISOR 01/09/2023 $ 72,112.97 $ 75,718.66 $ 79,504.61 $ 83,479.73 $ 87,653.80 M 4082 STREET MAINTENANCE WORKER I 01/09/2023 $ 47,021.32 $ 49,373.58 $ 51,841.44 $ 54,433.28 $ 57,157.42 M 4083 STREET MAINTENANCE WORKER II 01/09/2023 $ 51,714.81 $ 54,300.64 $ 57,015.67 $ 59,866.45 $ 62,859.73 M 4100 STREET MAINTENANCE WORKER III 01/09/2023 $ 56,892.65 $ 59,737.22 $ 62,724.02 $ 65,860.33 $ 69,153.31 B 1284 STREET SUPERINTENDENT 01/09/2023 $ 96,460.00 $ 101,283.00 $ 106,347.15 $ 111,664.53 $ 117,247.77 I 6565 SUBSTATION TECHNICIAN 01/09/2023 $ 147,179.50 $ 154,544.00 I 6560 SUBSTATION/METER SUPERVISOR 01/09/2023 $ 175,866.60 B 1205 SUPERVISING ACCOUNTANT 01/09/2023 $ 89,187.41 $ 93,646.69 $ 98,329.14 $ 103,245.61 $ 108,407.83 M 4120 TRAFFIC SIGN WORKER 01/09/2023 $ 49,259.01 $ 51,721.81 $ 54,307.94 $ 57,023.30 $ 59,874.56 G 2190 TRANSPORTATION COORDINATOR 06/07/2023 $ 56,771.09 $ 59,759.04 $ 62,904.25 $ 66,215.00 $ 69,700.00 B 1295 TRANSPORTATION MANAGER 01/09/2023 $ 111,872.50 $ 117,469.51 $ 123,341.84 $ 129,512.16 $ 135,980.96 I 6521 TROUBLESHOOTING SUPERVISOR 01/09/2023 $ 164,486.14 B 1267 UTILITIES MANAGER 01/09/2023 $ 136,852.65 $ 143,695.40 $ 150,880.19 $ 158,424.03 $ 166,345.35 B 1280 UTILITIES SUPERINTENDENT 01/09/2023 $ 124,416.33 $ 130,637.15 $ 137,169.08 $ 144,027.52 $ 151,228.91 G 2015 UTILITY BILLING SPECIALIST 01/09/2023 $ 50,183.28 $ 52,692.46 $ 55,327.07 $ 58,093.43 $ 60,998.09 I 6530 UTILITY EQUIPMENT SPECIALIST 01/09/2023 $ 82,868.76 $ 87,024.60 $ 91,386.88 $ 95,943.38 $ 100,751.56 I 6570 UTILITY WAREHOUSE SUPERVISOR 01/09/2023 $ 93,848.30 $ 98,539.48 $ 103,469.34 $ 108,641.78 $ 114,070.84 M 4085 W/WW MAINTENANCE WORKER I 01/09/2023 $ 47,021.32 $ 49,373.58 $ 51,841.44 $ 54,433.28 $ 57,157.42 M 4086 W/WW MAINTENANCE WORKER II 01/09/2023 $ 51,714.81 $ 54,300.64 $ 57,015.67 $ 59,866.45 $ 62,859.73 M 4212 W/WW MAINTENANCE WORKER III 01/09/2023 $ 56,892.65 $ 59,737.07 $ 62,724.19 $ 65,860.33 $ 69,153.31 M 4180 W/WW SUPERVISOR 01/09/2023 $ 77,539.64 $ 81,419.03 $ 85,486.47 $ 89,763.40 $ 94,252.47 G 2180 WATER CONSERVATION SPECIALIST 06/07/2023 $ 41,312.64 $ 43,378.31 $ 45,547.27 $ 47,824.57 $ 50,215.80 M 4200 WATER PLANT OPERATOR II 01/09/2023 $ 70,770.64 $ 74,309.26 $ 78,024.68 $ 81,925.88 $ 86,022.12 M 4201 WATER PLANT OPERATOR III 01/09/2023 $ 77,847.89 $ 81,740.14 $ 85,827.08 $ 90,118.54 $ 94,624.40 B 1290 WATER PLANT SUPERINTENDENT 01/09/2023 $ 117,231.38 $ 123,093.09 $ 129,247.37 $ 135,709.75 $ 142,495.22 G 2206 WATER SERVICE TECHNICIAN I 01/09/2023 $ 75,073.66 $ 78,827.35 $ 82,768.71 $ 86,907.08 $ 91,252.41 G 2207 WATER SERVICE TECHNICIAN II 01/09/2023 $ 82,580.90 $ 86,709.91 $ 91,045.44 $ 95,597.77 $ 100,377.70 G 2209 WATERSHED PROGRAM COORDINATOR 01/09/2023 $ 48,274.27 $ 50,687.85 $ 53,222.20 $ 55,883.35 $ 58,677.61 M 4220 WELDER-MECHANIC 01/09/2023 $ 59,284.42 $ 62,250.90 $ 65,363.79 $ 68,631.76 $ 72,063.06 M 4150 WW OPERATIONS SUPERVISOR 01/09/2023 $ 91,188.24 $ 95,747.56 $ 100,535.00 $ 105,561.66 $ 110,839.85 M 4170 WW PLANT OPERATOR I 01/09/2023 $ 64,335.23 $ 67,552.05 $ 70,929.57 $ 74,476.07 $ 78,199.91 M 4172 WW PLANT OPERATOR II 01/09/2023 $ 70,770.64 $ 74,309.26 $ 78,024.68 $ 81,925.88 $ 86,022.12 M 4173 WW PLANT OPERATOR III 01/09/2023 $ 77,847.89 $ 81,740.14 $ 85,827.08 $ 90,118.54 $ 94,624.40 B 1285 WW PLANT SUPERINTENDENT 01/09/2023 $ 117,231.38 $ 123,093.09 $ 129,247.37 $ 135,709.75 $ 142,495.22 G 2028 YOUTH OUTREACH WORKER 01/09/2023 $ 52,727.43 $ 55,907.81 $ 59,255.60 $ 62,798.60 $ 67,206.55 BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 PT 7500 PT-COUNCILMEMBER 01/01/2014 396.960 Pay Period Rate of Pay
BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 PT 7000 PT-ACCOUNTANT 01/09/2023 39.600 PT 7045 PT-ADMIN CLERK 01/09/2023 19.860 20.860 21.900 22.990 24.140 PT 7040 PT-ADMIN SUPPORT WORKER 01/01/2022 16.000 16.000 16.000 16.800 17.640 PT 7750 PT-ADMINISTRATIVE TRAINING OFF-RET 01/23/2023 54.259 PT 7170 PT-AQUAT FITNESS INSTRUCTOR 01/01/2023 16.000 16.800 PT 7160 PT-AQUATICS COORDINATOR 01/09/2023 26.160 27.470 28.840 30.290 31.800 PT 7550 PT-ASSISTANT ANIMAL SERVICES OFF 01/09/2023 22.410 23.540 24.710 25.950 27.240 PT 7310 PT-BOAT OPERATOR 01/01/2022 18.000 18.900 19.845 20.837 21.879 PT 7180 PT-CASHIER 01/01/2023 15.500 15.500 15.500 15.500 16.275 PT 7725 PT-CITY CLERK-RET 01/09/2023 67.690 PT 7620 PT-CODE ENFORCEMENT OFFICER 01/01/2014 21.610 22.690 23.820 25.010 26.260 PT 7595 PT-COMMUNITY SERVICE OFFICER 03/11/2019 22.831 23.973 25.171 26.430 27.751 PT 7640 PT-CONSULTANT 09/26/2019 25.000 100.000 PT 7590 PT-COURT LIAISON 01/01/2022 21.060 22.113 23.219 24.380 25.599 PT 7010 PT-CUSTOMER SERVICE REP 01/09/2023 19.940 20.940 21.980 23.080 24.240 PT 7490 PT-DEPTY WATER CONSERVATION OFF 01/01/2023 15.500 16.275 17.089 PT 7720 PT-DEPUTY CITY CLERK-RET 10/31/2019 23.380 24.550 25.780 27.060 28.420 PT 7060 PT-DOCENT COORD 01/01/2022 16.000 16.000 16.800 17.640 18.522 PT 7121 PT-ELECTRIC DIST OP II 07/21/2021 61.214 64.275 PT 7100 PT-ELECTRICAL ESTIMATOR 01/01/2014 62.350 PT 7090 PT-ELECTRICAL TECHNICIAN 01/01/2014 57.420 PT 7250 PT-EVENT ATTENDANT 01/01/2022 16.000 16.800 17.640 18.522 19.448 PT 7455 PT-FACILITY MAINTENANCE WORKER 01/09/2023 26.100 27.410 28.780 30.220 31.730 PT 7460 PT-FACILITY SUPVERVISOR 01/01/2023 15.500 15.500 16.275 17.089 17.943 PT 7115 PT-FIELD SERVICES REPRESENTATIVE 01/09/2023 27.120 28.470 29.890 31.390 32.960 PT 7020 PT-FINANCE TECHNICIAN 01/09/2023 26.540 27.870 29.260 30.720 32.260 PT 7740 PT-FLEET SUPERINTENDENT-RET 01/09/2023 40.288 42.303 44.418 46.639 48.971 PT 7320 PT-GATE ATTENDANT 01/01/2023 15.500 15.500 15.500 15.500 16.275 PT 7450 PT-HEAVY EQUIPMENT MECHANIC 01/09/2023 28.500 29.930 31.420 33.000 34.650 PT 7230 PT-HOUSE MANAGER 01/01/2023 15.500 16.275 17.088 17.943 18.840 PT 7303 PT-INSTRUCTOR-SWIM 01/01/2022 16.000 16.800 PT 7070 PT-INTERN 01/01/2023 15.500 18.000 21.000 25.000 30.000 PT 7301 PT-KENNEL AIDE 01/01/2022 16.800 17.640 18.522 19.448 20.421 PT 7302 PT-KENNEL TECHNICIAN 01/01/2022 17.354 18.222 19.133 20.089 21.093 PT 7290 PT-LABORER A 01/01/2022 16.000 16.000 16.800 0.000 0.000 PT 7300 PT-LABORER B 01/01/2022 16.800 17.640 18.522 19.448 20.421 PT 7710 PT-LEGAL SECRETRAY-RET 10/31/2019 25.780 27.070 28.430 29.850 31.340 PT 7430 PT-LIBRARIAN II 01/09/2023 34.310 36.020 37.820 39.710 41.700 PT 7410 PT-LIBRARY AIDE 01/01/2023 15.500 16.275 17.089 17.943 PT 7420 PT-LIBRARY ASSCOCIATE 01/01/2022 18.651 19.584 20.563 21.591 22.671 PT 7445 PT-LIBRARY ASSISTANT 01/09/2023 20.860 21.900 22.990 24.140 25.350 PT 7200 PT-LIFEGUARD 01/01/2022 16.000 16.000 16.000 16.000 16.800 PT 7220 PT-LYC COORDINATOR 01/01/2014 16.000 16.790 17.620 18.510 19.440 PT 7480 PT-MANAGEMT ANALYST 01/09/2023 36.270 38.080 39.980 41.980 44.080 PT 7650 PT-MARKETING COORDINATOR 02/12/2018 22.550 23.740 24.990 26.310 27.690 PT 7110 PT-METER READER 01/01/2014 20.107 21.113 22.168 23.277 24.440 PT 7330 PT-PARK ATTENDANT 01/01/2023 15.500 15.500 15.500 15.500 16.275 PT 7585 PT-PARKING ENFORCEMENT OFFICER 01/10/2022 21.309 22.374 23.493 24.667 25.901 PT 7565 PT-PARTNERS SUPERVISOR 03/08/2018 23.000 24.150 25.360 26.630 27.960 PT 7005 PT-PIO RET ANN 03/17/2020 65.000 PT 7510 PT-PLANNING COMMISSIONER 01/01/2014 20.000 PT 7600 PT-PO/CRIME ANALYST 07/11/2022 43.589 Hourly Rate of Pay
BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 PT 7570 PT-POLICE CHAPLAIN 01/01/2014 20.000 PT 7560 PT-POLICE OFFICER 07/11/2022 43.589 PT 7561 PT-POLICE OFFICER-RET 07/11/2022 43.589 PT 7630 PT-PROFESIONAL STANDARDS OFF 01/01/2014 50.000 55.000 PT 7260 PT-PROGRAM COORDINATOR 01/09/2023 23.210 24.370 25.590 26.870 28.210 PT 7520 PT-PROGRAMMER/ANALYST 04/01/2018 28.000 29.400 30.870 32.410 34.030 PT 7575 PT-PROPERTY & EVIDENCE TECHN 01/09/2023 26.960 28.310 29.720 31.210 32.770 PT 7400 PT-REC. SCORKEEPER 01/01/2023 15.500 16.275 PT 7360 PT-RECREATION LEADER 07/01/2023 16.750 17.590 PT 7370 PT-RECREATION SPECIALIST 07/01/2023 20.950 22.000 PT 7240 PT-RENTAL CONSULTANT 01/01/2022 16.000 16.800 17.640 18.522 19.448 PT 7270 PT-SCENE TECHNICIAN 01/01/2022 16.000 16.800 17.640 18.522 19.448 PT 7391 PT-SPORTS OFFICIAL-ADULT 06/01/2018 25.000 PT 7390 PT-SPORTS OFFICIAL-YOUTH 01/01/2023 15.500 17.000 19.000 21.000 25.000 PT 7030 PT-SR ADMINISTRATIVE CLERK 01/09/2023 21.850 22.940 24.090 25.290 26.560 PT 7470 PT-SR CIVIL ENGEER 01/09/2023 58.360 61.280 64.340 67.560 70.930 PT 7210 PT-SR LIFEGUARD 01/01/2022 17.640 18.520 19.440 PT 7540 PT-SR PROGRAMMER/ANALYST 01/09/2023 44.830 47.070 49.420 51.900 54.490 PT 7280 PT-STAGE TECHNICIAN 01/01/2014 21.200 22.260 23.370 24.540 25.770 PT 7605 PT-SUPPORT SERVICES OFFICER 06/07/2017 32.738 PT 7530 PT-TECHNOLOGY SUPPORT SPECIALST 03/06/2017 23.040 24.190 25.400 26.670 28.000 PT 7745 PT-TRANSPORTATION MANAGER-RET 01/09/2023 53.785 56.476 59.299 62.266 65.376 PT 7130 PT-UTILITY EQUIPMENT SPECIALIST 01/01/2014 28.060 29.470 30.950 32.490 34.120 PT 7120 PT-UTILITY SERVICE OPERATOR II 01/01/2014 60.890 PT 7730 PT-WW PLANT OPERATOR II-RET 01/09/2023 34.020 35.730 37.510 39.390 41.360 PT 7660 PT-YOUTH OUTREACH WORKER 01/09/2023 25.350 26.880 28.490 30.190 32.310 AGENDA ITEM C-17
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Set Public Hearing for September 6, 2023, to Consider Adopting a Resolution Approving the 2022 -23 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) MEETING DATE: August 16, 2023
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Set Public Hearing for September 6, 2023, to consider adopting a resolution approving the 2022 -23 Community Development Block Grant (CDBG) Consolidated Annual Performance and
Evaluation Report (CAPER).
BACKGROUND INFORMATION: A public hearing is required as part of the federal requirements under the U.S. Department of Housing and Urban
Development (HUD) for the Community Development Block
Grant (CDBG) program.
The 2022-23 CAPER describes the programs and activities accomplished during the City’s 2022-23 program year, which is from July 1, 2022 to June 30, 2023. The City received $626,997 in CDBG entitlement program year funds. In May 202 2, the City adopted its 202 2-23 Annual Action Plan (AAP). The AAP identifies the project and programs selected to implement strategic plan goals during the 2022-23 program year. In the 202 2-23 program year, the fourth year of implementing its five - year 2019-2023 Consolidated Plan, the City made progress toward reaching six of the eleven goals listed in the Consolidated Plan. Goals were met through the program outcomes and by conducting program planning for future projects and activities.
The strategic plan section of the five-year Consolidated Plan identified eleven goals for addressing community needs and priorities, including the recently added COVID -19 related goal. This past year’s activities resulted in addressing six of the established goals, which are listed below:
Goal 1: Promote Safer Neighborhoods
Goal 2: Improve Community Parks and Green space in CDBG Target Area (Public Spaces) Goal 3: Infrastructure and Facility Improvements
Goal 6: Support Public Service Programs for Priority Populations Goal 7: Affirmatively Further Fair Housing
Goal 9: Support Programs and Projects that Reduce and Prevent Homelessness Goal 11: COVID-19 Preparation, Prevention, and Response The City intends to address the other four strategic plan goals —Goal #4 (Increase and Maintain Supply of Affordable Housing ), Goal #5 (Build Capacity in CDBG Target Area), Goal #8 (Improve Housing Affordability), and Goal #10 (Create and Promote Housing for Homeless Populations) —in future program years.
Adopt Resolution for 22 S Main Street Project Agreements August 16, 2023