CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION,
MONTCLAIR HOUSING AUTHORITY, AND
MONTCLAIR COMMUNITY FOUNDATION
MEETINGS
AGENDA PACKET
Monday, October 19, 2026
7:00 p.m.
City Council Chambers
5111 Benito Street
Montclair, CA 91763
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Corysa Martinez
Council Members
Bill Ruh
Benjamin “Ben” Lopez
Xavier Mendez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick
REGULAR JOINT MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,
MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, October 19, 2026
7:00 p.m.
The public is invited to observe and participate in this meeting in-person or remotely. Watch the meeting live on the City’s official YouTube Channel (https://www.youtube.com/cityofmontclair) while the meeting is in session. To submit a request to speak on any item(s) appearing on this agenda, or on any City–related matter not on this agenda, see the following instructions based on your participation method:
• In–Person: Complete a Speaker Information Card at the entrance to the Council Chambers and place it in the box by the podium. • Remote via Zoom: At least one hour before the meeting, submit a Virtual Speaker Card to receive a meeting access link and be added to the speaker queue: https://www.cityofmontclair.org/virtual–speaker–card/. Download Zoom at https://zoom.us/download. • Remote (Telephone): Contact the City Clerk’s Office at (909) 625–9416 or email [email protected] at least one hour before the meeting to request to be registered as a call–in speaker and to provide the phone number you will be calling from. • Written Comments: Submit online at https://www.cityofmontclair.org/public–comment/ at least one hour before the meeting. To have your comments read, they must be limited to 200 words per agenda item, and 200 words total for all non–agenda items. The City Council will receive copies of all written comments before the meeting begins.
At the appropriate time(s) during the meeting, the Mayor will call on those who requested to speak. When addressed, Zoom users can click the microphone icon and callers can dial *6 to unmute or mute themselves.
At the Mayor’s discretion or based on the total number of requests, each speaker is given an equal amount of time for their comments up to five minutes. Speakers with special needs may be provided more time (GC §54954.3). The meeting bodies are prohibited by the Brown Act from substantially discussing or taking action on items not listed on the agenda.
More information on City Council meetings, including policies and procedures for remote meeting service outages and participants and post-meeting materials like videos and minutes (when available) can be found at https://www.cityofmontclair.org/council–meetings/.
AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).
Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.
VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Regular Joint Meeting — July 20, 2026 [CC/SA/MHC/MHA/MCF] 94
XXXXXXXXXXXXX
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 1 of 101 Page No.
B. Administrative Reports
1. Consider Receiving and Filing of Treasurer’s Report [CC] 4
2. Consider Approval and Ratification of Warrant Register and Payroll Documentation [CC] 5
3. Consider Receiving and Filing of Treasurer’s Report [SA] 6
4. Consider Approval of Warrant Register [SA] 7
5. Consider Receiving and Filing of Treasurer’s Report [MHC] 8
6. Consider Approval of Warrant Register [MHC] 9
7. Consider Receiving and Filing of Treasurer’s Report [MHA] 10
8. Consider Approval of Warrant Register [MHA] 11
9. Consider Authorizing the City Manager to Approve the Filing of a Notice of Completion for the Reeder Ranch Park Project, Constructed by Pub Construction, Inc., with the San Bernardino County Recorder’s Office [CC] Consider Authorizing Release of Retention 30 Days After Recordation of the Notice of Completion, Reduction of Faithfull Performance Bond to Ten Percent, and Release of Payment Bond After Six Months [CC] 12 C. Agreements
1. Consider Approval of Agreement No. 26–71, a Density Bonus Housing Agreement with Declaration of Covenants, Conditions and Restrictions, with WC Homes, LLC, for the 22–Unit Single–Family Residential Development at 4711 and 4761 Mission Boulevard (Case No. 2023–40; Tentative Tract Map No. 20656), Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 14
2. Consider Approval of Agreement No. 26–73 with Gruen Associates for On–Call Urban Design, Planning, Landscape Architecture, and Architectural Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 18
3. Consider Ratification of Agreement No. 26–74 with Merchants Building Maintenance LLC to Provide Temporary Emergency Janitorial Services [CC] Consider Approval of Amendment No. 1 to Agreement No. 26–74, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Authorizing City Manager Edward C. Starr to Sign said Agreement and Amendment No. 1 to said Agreement [CC] 38
4. Consider Approval of Agreement No. 26–75 with HK Construction for Roof Replacement on the Kingsley Ballfield Tower and Electrical Room, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 55 D. Resolutions
1. Consider Adoption of Resolution No. 26–3542 Rescinding and Replacing Resolution No. 25–3492 Designating Restricted Parking on Public Streets and Alleys to Include the Addition of Time–Limited Parking on Sections of Fremont Avenue, Station Avenue, Birch Street, and a City–Owned Parking Lot; Revising Street Sweeping Parking Restrictions North of Moreno Elementary School; and Prohibiting Parking on the South Side of a Segment of State Street [CC] 67
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 2 of 101 Page No.
IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports
1. Human Services Department — Upcoming Events and Programs B. City Attorney
1. Request to Meet in Closed Session Pursuant to GC §54956.9(d)(2) Regarding Potential Litigation (Two Potential Cases) [CC]
2. Request to Meet in Closed Session Pursuant to GC §54956.9(d)(4) Regarding Potential Litigation (Two Potential Cases) [CC]
3. Request to Meet in Closed Session Pursuant to GC §54956(d)(1) Regarding Pending Litigation [CC]
Fuentes/Garcia v. Lopez, City of Montclair
Matheson v. Montclair
4. Request to Meet in Closed Session Pursuant to Government Code §54957.6 Regarding Conference with Designated Labor Negotiator Edward C. Starr
Agency: City of Montclair
Employee Management Employees
Associations: Montclair City Confidential Employees Association Montclair General Employees – Teamsters Local 1932
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)
1. Personnel Committee Meeting — October 5, 2026 [CC] 93 XI. CLOSED SESSION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. ADJOURNMENT
The next regularly scheduled joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, November 2, 2026, at 7:00 p.m.
Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday, or may be posted on the meeting’s agenda packet page on the website which can be accessed by clicking “Agenda Packet” next to the meeting date at the following link:
https://www.cityofmontclair.org/council–meetings/. Please call the City Clerk’s Office at (909) 625–9416 or send an e–mail to [email protected] to request documents via e–mail.
If you need special assistance to participate in this meeting, call the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102–35.104 ADA Title II). Visit https://www.cityofmontclair.org/public–meetings/ to access and read the complete procedures and limitations for these requests.
I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, October 8, 2026.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 3 of 101
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 19, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending August 31, 2026.
BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending August 31, 2026.
FISCAL IMPACT: Routine—report of City's cash and investments.
RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending August 31, 2026.
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CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 19, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. NARANJO/J. HERRERA
SUBJECT: CONSIDER APPROVAL AND RATIFICATION OF WARRANT REGISTER AND PAYROLL
DOCUMENTATION
REASON FOR CONSIDERATION: The City Council is requested to consider approval and ratification of the Warrant Register and Payroll Documentation.
BACKGROUND: Mayor Pro Tem Martinez examined the Warrant Register dated October 5, 2026; and the Payroll Documentation dated September 20, 2026, and recommends their approval.
FISCAL IMPACT: The City Manager authorized the Warrant Register dated October 5, 2026, totaling $1,638,260.75.
The Payroll Documentation dated September 20, 2026, totals $925,612.99 gross, with $647,280.41 net being the total cash disbursement.
RECOMMENDATION: Staff recommends the City Council approve and ratify the above– referenced Warrant Register and Payroll Documentation.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 5 of 101
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 19, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending August 31, 2026, pursuant to state law.
BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending August 31, 2026.
FISCAL IMPACT: Routine—report of the Successor Agency's cash.
RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending August 31, 2026.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 6 of 101
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 19, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending August 31, 2026, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Successor to the Redevelopment Agency Warrant Register dated 08.01.26-08.31.26 in the amounts of $3,397.29 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.
FISCAL IMPACT: Routine—report of Agency's obligations.
RECOMMENDATION: Vice Chair Martinez recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending August 31, 2026.
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CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 19, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending August 31, 2026, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending August 31, 2026.
FISCAL IMPACT: Routine—report of the Montclair Housing Corporation's cash and investments.
RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending August 31, 2026.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 8 of 101
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 19, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending August 31, 2026, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 08.01.26–
08.31.26 in the amount of $116,030.66 for the Montclair Housing Corporation and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Corporation's obligations.
RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending August 31, 2026.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 9 of 101
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 19, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending August 31, 2026, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending August 31, 2026.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending August 31, 2026.
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CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 19, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending August 31, 2026, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 08.01.26–
08.31.26 in the amount of $0.00 for the Montclair Housing Authority and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending August 31, 2026.
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CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 19, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: PRK025/525
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER AUTHORIZING THE CITY MANAGER TO APPROVE THE FILING OF A NOTICE
OF COMPLETION FOR THE REEDER RANCH PARK PROJECT, CONSTRUCTED BY PUB CONSTRUCTION, INC., WITH THE SAN BERNARDINO COUNTY RECORDER’S OFFICE CONSIDER AUTHORIZING RELEASE OF RETENTION 30 DAYS AFTER RECORDATION
OF THE NOTICE OF COMPLETION, REDUCTION OF FAITHFULL PERFORMANCE BOND
TO TEN PERCENT, AND RELEASE OF PAYMENT BOND AFTER SIX MONTHS REASON FOR CONSIDERATION: State law requires the filing of a Notice of Completion with the County Recorder’s Office upon completion and acceptance of a Public Works Project. The City Council is requested to consider authorizing the City Manager to accept the work, approve of filing the Notice of Completion with the San Bernardino County Recorder, and take related actions concerning the Reeder Ranch Park Project.
BACKGROUND: On December 5, 2022, the City Council authorized staff to advertise for bid proposals for construction of the Reeder Ranch Park Project located at 4381 Holt Boulevard, just west of the historic Reeder Ranch home and citrus orchard property.
On February 21, 2023 the City Council awarded a contract to PUB Construction, Inc. (PUB). PUB is nearing completion of the park improvements. The punch list work may extend beyond this City Council meeting date, but to efficiently close the project once all of the punch list items have been addressed, staff is recommending the City Council allow the City Manager to accept the improvements when substantially complete and approve the filing of the Notice of Completion with the San Bernardino County Recorder’s Office. Upon filing the Notice of Completion, the City will release retention after 30 days, and reduce the Faithful Performance Bond to ten percent. The City will retain the Payment Bond for six months and release it thereafter, provided no liens or stop notices are filed against the Project.
FISCAL IMPACT: The Reeder Ranch Park Project design and construction is funded using $5,137,000 in Statewide Park Development and Community Revitalization Program Grant Funds and 2021 Lease Revenue Bonds. On February 21, 2023, the City Council awarded the project to PUB in the amount of $5,461,739.03 and authorized a design/ construction management contingency of $546,330 and a construction contingency of $546,174—a total contingency of $1,092,504. The project cost to–date is $5,823,041.89. At this time, however, there are still some remaining change orders under discussion with the Contractor, which may increase the final contract cost.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Authorize the City Manager to approve the filing of a Notice of Completion for the Reeder Ranch Park Project, constructed by PUB Construction, Inc., with the San Bernardino County Recorder; and
2. Authorize release of retention 30 days after recordation of the Notice of Completion, reduction of Faithful Performance Bond to ten percent, and release of Payment Bond after six months.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 12 of 101 RECORDING REQUESTED BY:
City of Montclair
AND WHEN RECORDED MAIL DOCUMENT AND
TAX STATEMENT TO:
NAME: City of Montclair
STREET ADDRESS: 5111 Benito Street
CITY, STATE & ZIP
CODE: Montclair, CA 91763
Government Code 6103
(Space above this line for Recorder's Use Only)
NOTICE OF COMPLETION
NOTICE is hereby given that: The undersigned is the owner of an interest of estate in the hereinafter described property, the nature of which said interest or estate is: fee The full name and address of the undersigned is
Rosemary Hoerning
Public Works Director/
City Engineer
5111 Benito Street
Montclair, CA 91763
The work was completed on that certain work known as:
Reeder Ranch Park Project
for the undersigned City of Montclair,
a Municipal Corporation, on the 16th day of October 2026 The City accepted the job on the day of
The Contractor on said job was:
PUB Construction, Inc.
23545 Palomino Dr., Ste. 104
Diamond Bar, CA. 91765
The improvement consisted of: grading, construction of a community recreation center building, sidewalk, seating, playground, exercise station, parking lot, irrigation and landscaping.
The property upon which said work of improvement was completed is described as follows:
4381 Holt Boulevard, Montclair, CA. 91763
VERIFICATION
I, the undersigned, say that I am agent for the owner of the aforesaid interest or estate in the property described in the above notice. I have read the foregoing notice and know and understand the contents thereof, and the facts stated herein are true and correct.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: at 5111 Benito Street, Montclair, California Rosemary Hoerning, P.E.
Public Works Director/City Engineer
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 13 of 101
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 19, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: LDU055/LDU130
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 2671, A DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, WITH WC HOMES, LLC, FOR THE 22–UNIT SINGLE–FAMILY RESIDENTIAL DEVELOPMENT AT 4711 AND 4761 MISSION BOULEVARD (CASE NO. 2023–40, TENTATIVE TRACT MAP NO. 20656), SUBJECT TO ANY REVISIONS DEEMED
NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–71, a Density Bonus Housing Agreement with WC Homes, LLC, for the 22–unit single–family residential development located at 4711 and 4761 Mission Boulevard (Case No. 2023–40; Tentative Tract Map No. 20656).
A copy of proposed Agreement No. 26–71 is attached for City Council review and consideration.
BACKGROUND: On March 25, 2024, the Planning Commission (PC) adopted PC Resolution No. 24–1992 approving Case No. 2023–40, which included Tentative Tract Map No. 20656, a Precise Plan of Design, and a Density Bonus request for the development of 22 single–family homes on a vacant 3.2–acre site at 4711 and 4761 Mission Boulevard, then identified as APN Nos. 1012–301–031, 032, and 006. The site carries a General Plan designation of Residential, Low (3 to 7 units per acre) and is zoned R–1 Single–family Residential with a Small Lot (SL) Overlay. The Final Map for Tract No. 20656 has since been recorded in Map Book 370, Pages 35 through 37, Official Records of San Bernardino County, and the three original parcels have been re–assessed as Lots 1 through 22, bearing APN Nos. 1012–301–47–0000 through 1012–301–68–0000.
Under the development standards of the underlying zoning district, the site would yield a “base density” of 18 homes. The approved Density Bonus allows four additional homes, for a total of 22, in exchange for the developer reserving two homes for sale to lower– income purchasers. The developer identified Lots 8 and 10, now APN Nos. 1012–301– 54–0000 and 1012–301–56–0000, as the reserved affordable lots. Pursuant to Density Bonus law, the Planning Commission also granted a concession reducing the minimum lot width from 50 feet to a typical width of approximately 42 feet, and a waiver reducing the minimum lot size for five lots (Lots 7 through 11, which include both reserved affordable lots), ranging from 4,226 to 4,247 square feet against a 4,500 square–foot minimum. The overall average lot size for the project is 5,264 square feet.
Condition of Approval Nos. 30 and 31 of PC Resolution No. 24–1992 require the developer to enter into a Density Bonus Housing Agreement and Affordable Housing Covenant concurrently with City Council approval of the Final Map, and to enter into a reimbursement agreement covering the City’s consultant costs associated with preparing the Agreement. Condition No. 32 requires compliance with the City’s Inclusionary Housing Ordinance No. 05–866. The proposed Agreement satisfies these conditions. Because the Final Map has already been recorded, the Agreement has been revised to provide for recordation following execution rather than concurrently with the Final Map.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 14 of 101 State Density Bonus Law
The State Density Bonus Law (California Government Code [GC] Section [§] 65915 et seq.) allows a developer to build more units than a jurisdiction’s General Plan and zoning would otherwise permit when a portion of the units is reserved at below–market prices or rents. For for–sale units, the law requires that the initial occupants be persons and families of very low, low, or moderate income and that the units be offered at an affordable housing cost. The law further requires the local agency to enforce an equity sharing agreement under which the seller retains the value of any improvements, the down payment, and the seller’s proportionate share of appreciation upon resale, while the City recaptures its initial subsidy and its proportionate share of appreciation.
Recaptured funds must be used within five years for affordable housing purposes.
Cities across California implement these requirements through a recorded density bonus housing agreement executed before final map approval or building permit issuance. The agreement runs with the land, binds successors in interest, sets the affordability term and price methodology, specifies buyer qualification and marketing procedures, and provides for ongoing compliance monitoring funded by a fee set by council resolution.
Neighboring jurisdictions, including the City of Fontana, have approved comparable agreements for previously entitled density bonus projects. The proposed Agreement follows this same structure and was prepared by the City’s housing counsel and consultant.
Key Terms of the Proposed Agreement No. 26–71
The Agreement with its exhibits establishes the terms under which the two affordable homes will be produced, sold, and monitored. Principal terms are summarized below. a. Affordable Units. Two dwelling units, located on Lot 8 (APN 1012–301–54–0000) and Lot 10 (APN 1012–301–56–0000) of Tract No. 20656, shall be sold to and occupied by Low Income Households earning no more than 80 percent of the San Bernardino County area median income, adjusted for household size. The units shall contain a minimum of 2,152 and 2,513 square feet respectively, shall be constructed concurrently with the market–rate homes using comparable materials, finishes, and quality, and shall be subject to no restrictions that do not apply generally to all other units in the project.
b. Affordability Period. Forty–five (45) years from the date the City issues a certificate of occupancy for each affordable unit. Each unit may have its own affordability period.
c. Affordable Sales Price. The lesser of the supportable mortgage plus a down payment not exceeding 20 percent of the sales price, or the price a buyer is willing to pay for a covenant–restricted home. In no case may the price produce monthly housing costs exceeding an affordable housing cost, calculated as 30 percent of 70 percent of area median income pursuant to Montclair Municipal Code (MMC) §11.85.020. If the City determines the permitted down payment is inhibiting sales, the maximum may be reduced to 5 percent.
d. City Equity Share. Consistent with GC §65915(c)(2), the City recaptures its initial subsidy, measured as the difference between fair market value and the Affordable Sales Price at initial purchase, plus a proportionate share of appreciation on resale. The obligation is evidenced by a City Promissory Note and secured by a City Deed of Trust recorded against each affordable unit, and becomes due upon a transfer following expiration of the affordability period or earlier upon a violation of the Agreement.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 15 of 101 e. Buyer Qualification. The developer shall verify and certify prospective buyer income to the City using a Homebuyer Income Verification. The City has not less than 30 days to review each executed purchase and sale agreement to confirm the purchase price and down payment comply with the Agreement. Each homebuyer must execute a Homebuyer Equity Sharing and Regulatory Agreement, City Promissory Note, City Deed of Trust, Notice of Affordability Restrictions, and Request for Default.
f. Marketing and Buyer Selection. Prior to issuance of a certificate of occupancy, the developer shall prepare and obtain City approval of a marketing program and buyer selection plan addressing community outreach, selection criteria, income requirements, data collection, recordkeeping, complaint procedures, and compliance assessment.
g. City Right of First Refusal. Upon expiration of the affordability period for an affordable unit, the City or its designee holds a one–time right of first refusal to purchase the unit at fair market value, less amounts owed under the City Promissory Note, exercisable within 90 days of written notice of availability. h. Monitoring and Recordkeeping. The developer shall submit an Annual Housing Compliance Report to the City on or before January 31 of each year and shall pay a reasonable monitoring fee set by City Council resolution to cover the actual costs of monitoring compliance. The City retains inspection and audit rights, and project records must be maintained for at least five years. i. Recordation and Covenants Running with the Land. The Agreement shall be recorded in the Official Records of San Bernardino County promptly following execution, and in any event prior to issuance of a building permit for either affordable unit. Its covenants, conditions, and restrictions run with the land and bind the developer and all successors in interest.
j. Default and Remedies. A failure to perform that is not cured within 30 days constitutes a default, subject to an extended cure period of up to 90 days where a longer cure is reasonably required. City remedies include enforcement and injunctive relief, damages, civil citations, suspension or revocation of permits and certificates of occupancy, and forfeiture of any sale or rental proceeds obtained in violation of the Agreement.
k. Inclusionary Housing. The Agreement is intended to satisfy inclusionary housing obligations set forth in MMC Chapter 11.81 of Div. IV of Title 11.
Exhibits to proposed Agreement No. 26–71 include the legal description of the property; the Homebuyer Resale Restrictions, Equity Sharing and Regulatory Agreement; the City Promissory Note; the City Deed of Trust; the Homebuyer Income Verification; the Annual Housing Compliance Report; the Notice of Affordability Restrictions on Transfer of Property; and the Request for Default.
Illustrative Affordable Housing Cost
The following illustration is provided to give the City Council a sense of what the affordability restriction means in practice for a purchasing household. For 2026, the California Department of Housing and Community Development set the area median income for San Bernardino County at $106,500 for a four–person household, and set the low–income limit that governs eligibility at $98,400 for a household of four.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 16 of 101 The Agreement does not set the price at 30 percent of a particular buyer’s own income.
It caps Affordable Housing Cost at 30 percent of 70 percent of county median income for the household size appropriate to the unit, consistent with Health and Safety Code §50052.5 and MMC §11.85.020. State regulation sets that benchmark household size at the number of bedrooms in the unit plus one, so a four–person household corresponds to a three–bedroom home. Applying the formula, 70 percent of $106,500 is $74,550, and 30 percent of that figure is $22,365 per year, or approximately $1,864 per month.
That $1,864 figure represents the total monthly housing cost rather than the mortgage payment alone. Under the governing regulations it encompasses principal and interest, property taxes, insurance, any homeowners’ association dues, a utility allowance, and maintenance. It equals roughly 23 percent of the $98,400 low–income limit, meaning a household qualifying at the top of the eligible range would pay appreciably less than 30 percent of its gross income toward housing. The maximum sales price is then derived from the amount remaining for principal and interest once the other components are deducted, and is calculated by staff at the time of each sale.
These figures are illustrative only. If the units at Lots 8 and 10 are four–bedroom homes, the benchmark household size becomes five and the cap rises to approximately $2,013 per month.
FISCAL IMPACT: Approval of Agreement No. 26–71 carries no direct cost to the General Fund. Consultant and legal costs associated with preparing the Agreement are recovered from the developer through the reimbursement agreement required by Condition of Approval No. 31 of PC Resolution No. 24–1992. Ongoing costs of monitoring compliance with the affordability restrictions are recovered through the annual monitoring fee established by City Council resolution.
RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 26–71, a Density Bonus Housing Agreement with Declaration of Covenants, Conditions and Restrictions, with WC Homes, LLC, for the 22–unit single–family residential development at 4711 and 4761 Mission Boulevard (Case No. 2023–40; Tentative Tract Map No. 20656), subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 17 of 101
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 19, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: EDD100/CDV115
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–73 WITH GRUEN ASSOCIATES FOR ON–CALL URBAN DESIGN, PLANNING, LANDSCAPE ARCHITECTURE, AND ARCHITECTURAL SERVICES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY
ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–73 with Gruen Associates for on–call urban design, planning, landscape architecture, and architectural services, subject to any revisions deemed necessary by the City Attorney.
The proposed agreement would authorize staff to retain Gruen Associates (Gruen) to provide services on an as–needed basis. The agreement would be for on–call services only, with work performed as needed to support the City’s planning, design, and economic development initiatives.
A copy of proposed Agreement No. 26–73 is attached for City Council review and consideration.
BACKGROUND: The Economic Development Agency and Community Development Department are pursuing a range of planning, urban design, and development initiatives to advance community goals and promote more year–round economic activity. To support these efforts and supplement staff capacity, staff sought an on–call consultant with multidisciplinary expertise in urban design, planning, landscape architecture, and architecture. Gruen Associates, established in 1946, is a Los Angeles–based architecture, planning, and urban design firm that provides these services to cities and public agencies throughout the region and state.
The City periodically requires specialized urban design, planning, landscape architecture, and architectural expertise that is not available in–house, often on short timelines and for assignments of varying sizes. Rather than conducting a separate procurement for each assignment, an on–call agreement allows staff to engage a qualified consultant on an as–needed basis for discrete tasks such as concept plans and renderings, feasibility studies, streetscape and park improvements, community workshops, design guidelines, and review of development proposals. The use of on–call professional services agreements in this manner is a common practice among California cities including the City of Montclair.
Gruen is familiar with Montclair and the West Valley region as the firm has extensive experience working in the area. The firm served as urban planner, designer, architect, and landscape architect for the West Valley Connector, a zero–emission bus rapid transit line serving Pomona, Montclair, Ontario, Rancho Cucamonga, and Fontana along the Holt Boulevard and Foothill Boulevard corridors. This regional knowledge would allow Gruen to begin work on City assignments quickly and with an understanding of local conditions.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 18 of 101 Proposed Agreement No. 26–73
The proposed agreement is for on–call services, which would be provided as needed; Gruen would perform work only when requested and prioritized by the City. Under the proposed Scope of Work, Gruen would provide the following services:
• Urban Design and Planning: General urban design services, including master plans, visioning studies, feasibility studies, and renderings; general planning services, including part or all of Specific Plans and General Plan updates; transit planning for the location, design, and planning of stations and transit hubs; retail planning, including design and regulations for commercial areas; and preparation of codes, standards, and guidelines for residential, commercial, landscape, and industrial areas.
• Community Engagement: Community workshops and charrettes, stakeholder meetings, focus group discussions, and educational lectures on planning topics. • Landscape Architecture: General landscape architecture; streetscape and park design, including design, construction documents, and construction support; sustainability strategies through landscape and building design; and signage and wayfinding.
• Architecture and Building Design: Architectural design, construction documents, and construction administration for new construction, renovation, and adaptive reuse projects; facility programming; architectural feasibility analysis; and review of development proposals.
Gruen Associates
Gruen Associates was founded in Los Angeles in 1946 by architect Victor Gruen, who is widely recognized as a pioneer of modern shopping center and downtown planning, including Southdale Center in Edina, Minnesota (1956), the nation’s first enclosed shopping mall. Over more than 75 years, the firm has grown into a multidisciplinary practice providing planning, architecture, retail architecture, transportation planning and design, urban design, interior design, and landscape architecture services, with a portfolio of more than 10,000 projects worldwide.
The firm is led by Managing Partner Michael A. Enomoto, FAIA, together with Partners Larry Schlossberg, AIA, AICP, LEED AP; Debra Gerod, FAIA, LEED AP; Ashok Vanmali, AIA; and Jill K. Wagner, AIA, LEED AP, and has a staff of approximately 75 professionals.
Gruen has received more than 250 awards, including the 2019 American Planning Association Los Angeles Section Distinguished Leadership Award and the 2015 AIA California Firm Award. The firm is a signatory to the AIA 2030 Commitment and is certified under the Los Angeles Green Business Program. The proposal to the City was submitted by Partner Larry Schlossberg, AIA, AICP, LEED AP BD+C.
Gruen has an extensive record of work for cities, counties, transit agencies, and state and federal agencies throughout Southern California. Representative public agency clients and projects include:
• Inland Empire and West Valley: West Valley Connector Bus Rapid Transit in San Bernardino County, serving Pomona, Montclair, Ontario, Rancho Cucamonga, and Fontana; Omnitrans Design Guidelines for bus stops, transit facilities, and the sbX Bus Rapid Transit system, which received a 2013 American Planning Association Inland Empire Section planning award; sbX E Street Bus Rapid Transit Corridor in San Bernardino; and the Terra Vista Specific Plan in Rancho Cucamonga.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 19 of 101 • City of Ontario: On–call landscape architectural services (2024) and the Ontario Multimodal Transportation Center Feasibility Study.
• City of Chino: Downtown Civic Center Master Plan.
• Other California Cities: Long Beach Downtown Specific Plan and East 6th Street Green Infrastructure Corridor; Envision Simi Valley Specific Plan; East Pasadena Specific Plan Revision; North Paramount Gateway Specific Plan; Downtown Monterey Park Mixed Use and Pedestrian Linkages Plan; La Mesa Civic Center Feasibility Study and Master Plan; and Rosemead Boulevard Safety Enhancements. • County of Los Angeles: Los Angeles County Transit–Oriented Development (TOD) Toolkit; Countywide Objective Design Standards; multi–modal transportation improvements on Huntington Drive, Valley Boulevard, and Eastern Avenue; Foothill Boulevard Streetscape Project; and park and beach projects including the Vasquez Rocks Natural Area Park Interpretive Center and White Point–Royal Palms County Beach.
• City of Los Angeles: Sepulveda Basin Vision Plan, LA Riverway San Fernando Valley Completion Project, Lincoln Park Neighborhood Green Street Network, and LAX Design Guidelines for Los Angeles World Airports.
• Los Angeles County Metropolitan Transportation Authority (Metro): Metro Orange Line, Metro Expo Line Phase I, Airport Metro Connector Station, bus rapid transit corridor technical studies, and the Los Angeles Union Station Master Plan and Forecourt Improvements.
• State and Federal Agencies: Caltrans District 7 Headquarters; federal courthouses including the Ronald Reagan Federal Building and U.S. Courthouse and the Robert E. Coyle U.S. Courthouse; and the San Luis and Otay Mesa Land Ports of Entry.
• Higher Education: Mt. San Antonio College Transit Center, University of California, Riverside Mobility Hub, and Los Angeles Trade–Technical College.
Staff believes Gruen’s multidisciplinary capabilities, long record of public agency work, and direct experience in the West Valley region make the firm well suited to support the City’s planning, design, and economic development efforts on an on–call basis.
FISCAL IMPACT: Costs associated with Agreement No. 26–73 would be paid from the Economic Development Agency Asset Fund. Because the agreement is for on–call services on an as–needed basis, costs would be incurred only when services are requested by the City, and would be billed monthly at Gruen’s hourly rates, which range from $105 to $350 per hour depending on staff classification, as shown in the fee schedule attached as “Exhibit A.” Per Gruen’s proposal, hourly rates are subject to an annual escalation of five percent, and reimbursable expenses (reprographics, plotting, and local mileage at IRS rates) and a five percent mark–up on subconsultant costs would be billed in addition to hourly fees.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–73 with Gruen Associates for on–call urban design, planning, landscape architecture, and architectural services, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 20 of 101 Agreement No. 26-73
CITY OF MONTCLAIR
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of October 15, 2026, between the City of Montclair, a California Municipal Corporation ("City") and Gruen Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on October 15, 2026 and shall remain and continue in effect until modified by the parties or terminated pursuant to the provisions of this Agreement.
2. SERVICES
The parties intend Consultant to provide on-call urban design, planning, community engagement, landscape architecture, and architectural services on an asneeded basis. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement, and the review and approval of all products submitted by Consultant. City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Services to be Performed or change Consultant’s compensation as provided in Section 5(b) below.
5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment Schedule of Fees set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks detailed in Exhibit A.
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(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. (c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. Consultant also may terminate this Agreement by serving upon the City at least thirty (10) days prior written notice.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).
7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 22 of 101 Agreement No. 26-73
beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
Notwithstanding the above, computer software (including without limitation financial models, compilations of formulas and spreadsheet models), prepared by Consultant are Instruments of Service of Consultant and shall remain the property of Consultant.
Consultant shall likewise retain all common law, statutory and other reserved rights, including the copyright thereto.
9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 23 of 101 Agreement No. 26-73
from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, to the extent caused by or arising out of the adjudged negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant. (b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), to the extent arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is adjudged legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, to the extent caused by or arising out of all adjudged negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. (c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 24 of 101 Agreement No. 26-73
agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties.
(e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.
10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
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(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence, and $4,000,000 aggregate total bodily injury, personal injury, and property damage.
(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement. (3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. (4) Professional Liability: Professional Liability insurance with limit of not less than $2,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability
3. Restrict coverage to the “Sole” liability of contractor
4. Exclude “Third-Party-Over Actions”
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5. Contain any other exclusion contrary to the Agreement Additional Insured Endorsements shall be at least as broad as ISO Forms CG 20 10 11 85; or CG 20 and 10 and CG 2037.
Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04 13. (2) Auto Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor.
Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (c) Notice of Cancellation.
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 27 of 101 Agreement No. 26-73
coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Consultant or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
(h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M.
Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 28 of 101 Agreement No. 26-73
maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (k) Insurance for Subcontractors
Consultant shall be responsible for causing Subcontractors/Subconsultants to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subcontractors’/Subconsultant’s policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.
11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement.
Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 29 of 101 Agreement No. 26-73
with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding.
Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Consultant further MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 30 of 101 Agreement No. 26-73
covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: Mikey Fuentes, Dir. of Economic Development
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: Larry Schlossberg
Partner, Gruen Associates
6330 San Vicente Boulevard, Suite 200
Los Angeles, CA, 90048
17. ASSIGNMENT AND SUBCONTRACTING
The Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Consultant from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Consultant in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Consultant shall not subcontract any performance required under this Agreement without the City’s prior written consent.
18. LICENSES
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 31 of 101 Agreement No. 26-73
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
21. PRIORITY OF AGREEMENT
To the extent any provision of Consultant’s Proposal attached hereto as Exhibit “A” conflicts with the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control and shall take precedence over those contained in Consultant’s Proposal.
22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement.
Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.
23. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
24. EFFECT OF PARTIAL INVALIDITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.
25. CLAIMS AGAINST CITY
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 32 of 101 Agreement No. 26-73
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
27. NO THIRD PARTY BENEFICIARIES
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.
29. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
[Signatures on Following Page]
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 33 of 101 Agreement No. 26-73
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY CONSULTANT
City of Montclair Gruen Associates
By: By:
Javier John Dutrey, Mayor Larry Schlossberg
Partner, Gruen Associates
Attest:
By:
Andrea M. Myrick, City Clerk
Approved as to Form:
By:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 34 of 101 MICHAEL A. ENOMOTO, FAIA
LARRY SCHLOSSBERG, AIA, AICP, LEED AP
DEBRA GEROD, FAIA, LEED AP
ASHOK VANMALI, AIA
JILL K. WAGNER, AIA, LEED AP
6330 San Vicente Boulevard, Suite 200, Los Angeles, California 90048-5441 T 323/937-4270 F 323/937-6001 www.gruenassociates.com Sept 23, 2026
Mikey Fuentes, MPA
Director of Economic Development
City of Montclair, Economic Development Agency
5111 Benito Street, Montclair CA 91763
Office: 909.625.9497
[email protected]
Re: Fee Proposal for on-call services in the City of Montclair.
Dear Mikey,
Gruen Associates is pleased to submit this proposal for on-call services in the City of Montclair.
SCOPE OF WORK
1. URBAN DESIGN & PLANNING
a. General Urban Design Services (Master Plans, Visioning Studies, Feasibility Studies, Renderings) b. General Planning Services (Part or whole of Specific Plans & General Plan Updates) c. Transit Planning (Location, Design and planning of stations and transit hubs) d. Retail Planning (Design & Regulations for Commercial Areas) e. Codes, Standards & Guidelines (for Residential, Commercial, Landscape & Industrial Areas)
2. COMMUNITY ENGAGEMENT
a. Community Workshops & Charrettes
b. Stakeholder Meetings
c. Focus Group Discussions
d. Educational Lectures on Planning Topics
3. LANDSCAPE ARCHITECTURE
a. General Landscape Architecture
b. Streetscapes (Design, Construction Documents & Construction Support) Exhibit A
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 35 of 101 09/23/2026
p. 2
6330 San Vicente Boulevard, Suite 200, Los Angeles, California 90048-5441 T 323/937-4270 F 323/937-6001 www.gruenassociates.com c. Park Design (Design & Construction Documents & Construction Support) d. Sustainability Strategies (via Landscape & Building Design) e. Signage & Wayfinding
4. ARCHITECTURE & BUILDING DESIGN
a. Architectural Design, Construction Documents and Construction Administration for new construction, renovation, and adaptive reuse.
b. Facility Programming
c. Architectural Feasibility Analysis
d. Review of Development Proposals
HOURLY RATES
Partner-in-Charge $ 290 - 350
Project Manager $ 195 - 250
Technical Manager $ 185 - 245
QA/QC Manager $ 195 - 225
Design Director $ 250 - 290
Planning Director $ 215 - 250
Director of Construction Administration Phase Services $ 195 - 235 Director of Landscape Architecture $ 195 - 235
Director of Design Technology Services $ 215 - 225
Senior Staff $ 175 - 215
Intermediate Staff $ 125 - 175
Assistant Staff $ 105 - 125
Notes:
a. * Rates are subject to an annual adjustment/escalation of 5%. b. Traditional reimbursable rates include costs for any material or equipment that will be used (reprographics and plotting) and/or local travel costs (mileage), which will be at IRS rates. c. Any other costs that relate to proposed support that will be charged include a mark-up of 5% on subconsultants to cover the cost of insurance, business tax, and added accounting.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 36 of 101 09/23/2026
p. 3
6330 San Vicente Boulevard, Suite 200, Los Angeles, California 90048-5441 T 323/937-4270 F 323/937-6001 www.gruenassociates.com Respectfully submitted,
GRUEN ASSOCIATES The foregoing is hereby acceptable:
By:
Title:
Larry Schlossberg, AIA, AICP, LEED AP BD+C
Partner
Date:
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 37 of 101
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 19, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: PUB050/PRK050/CVC060
DEPT.: PUBLIC WORKS
PREPARER: M.PARADIS
SUBJECT: CONSIDER RATIFICATION OF AGREEMENT NO. 26–74 WITH MERCHANTS BUILDING
MAINTENANCE LLC TO PROVIDE TEMPORARY EMERGENCY JANITORIAL SERVICES CONSIDER APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT NO. 26–74, SUBJECT
TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN SAID AGREEMENT AND AMENDMENT NO. 1 TO SAID AGREEMENT
REASON FOR CONSIDERATION: The City Manager approved and executed Agreement No. 26–74 with Merchants Building Maintenance LLC (Merchants) for temporary emergency janitorial services on a temporary basis due to the urgent need for janitorial services, and the City Council is now requested to consider ratification of Agreement No. 26–74 and approval of Amendment No. 1 to the agreement.
The original agreement includes janitorial services for the restrooms at various City parks and the Montclair Transportation Center; the amendment adds janitorial services for the Civic Center and extends the term through June 30, 2026.
Copies of Agreement No. 26–74 with Merchants, which was executed by the City Manager on September 9, 2026, and the proposed amendment are attached for City Council review and consideration.
BACKGROUND: The Public Works Department’s Facilities Maintenance Division recruited for a full–time custodian in December 2025. The custodian who was hired on May 25, 2026, quit without notice on July 21, 2026. A second candidate from the eligibility list was offered the position on August 4, 2026, but did not pass the police background investigation. The eligibility list from this recruitment expired on September 4, 2026.
A new recruitment was requested on October 1, 2026. This new recruitment is expected to take three to four months to complete, mainly due to the background process. In addition, at this time, one current full–time custodian is on FMLA leave through at least mid–November. The lack of available staffing has created challenges in meeting minimum standards for cleaning and custodial duties. Short–term assistance is being provided by maintenance workers; however, this solution is not sustainable long–term.
Due to the urgency of the situation and with the cancellation of the September 21, 2026 City Council meeting, a short–term temporary contract with Merchants was authorized by the City Manager through November 8, 2026, which was the original date the employee on FMLA leave was expected to return, for temporary emergency janitorial services at the Montclair Transportation Center and at Vernon, Kingsley, Saratoga, Essex and Sunset Parks. The extension would include janitorial services at the Civic Center and extend the term through June 30, 2027, to cover the time expected to fill the vacancy and to complete necessary work in emergency situations.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 38 of 101 The City is working diligently to complete the recruitment for a Custodian and fill the vacancy as quickly as possible. During the term of the agreement, workers under this contract will only be utilized during vacancies and while custodial staff are on extended leaves.
FISCAL IMPACT: The contract provides for a rate $29.30 per worker, per hour. The Special Contract Services account will be used for this contract, and funds will be transferred from the regular wages account at the end of the contract.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Ratify Agreement No. 26–74 with Merchants Building Maintenance LLC to provide temporary emergency janitorial services;
2. Approve Amendment No. 1 to Agreement No. 26–74, subject to any revisions deemed necessary by the City Attorney; and
3. Authorize City Manager Edward C. Starr to sign said Agreement and Amendment No. 1 to said Agreement.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 39 of 101
CITY OF MONTCLAIR AGREEMENT
FOR CONTRACTOR SERVICES
THIS AGREEMENT is made and entered into this September 9, 2026, by and between The City of Montclair, a Municipal Corporation (hereinafter referred to as "CITY") and Merchants Building Maintenance, LLC (hereinafter referred to as "CONTRACTOR").
A. RECITALS
1. City has heretofore requested of CONTRACTOR the performance of services with respect to janitorial services for the restrooms at the Montclair Transportation Center, Golden Girls Ballfield, Kingsley Ballfield, Saratoga Ballfield, Essex Park, and Sunset Park ("PROJECT" hereinafter);
2. CONTRACTOR has now submitted its proposal for the performance of such services;
3. CITY desires to retain CONTRACTOR to perform the services necessary to render advice and assistance to CITY relating to the PROJECT;
4. CONTRACTOR represents that it is qualified to perform such services and is willing to perform such services as hereinafter defined.
NOW, THEREFORE, IT IS AGREED by and between CITY and CONTRACTOR as follows:
B. AGREEMENT
1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires:
a. PROJECT: The preparation of all of the necessary documents, and reports with respect to the Scope of Services described herein and hereto, and made a parthereof; b. SCOPE OF SERVICES: Such services as are necessary to be performed by CONTRACTOR to complete the WORK as set forth herein in Exhibit "A" attached hereto and incorporated herein by reference.
2. CONTRACTOR agrees as follows:
a. CONTRACTOR shall forthwith undertake and complete the PROJECT in accordance herein specified and applicable with Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of the CITY. b. CONTRACTOR shall at CONTRACTOR'S sole cost and expense, secure and hire such other persons as may, in the opinion of CONTRACTOR, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONTRACTOR, CONTRACTOR hereby warrants that such other persons shall be fully qualified to perform services required hereunder.
Agreement No. 26-74 MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 40 of 101 Service Contract
c. CONTRACTOR shall, at CONTRACTOR'S sole cost and expense, secure the required issuance of a City Business License as a condition precedent to being engaged as a CONTRACTOR within the CITY.
3. CITY agrees as follows:
a. To pay to CONTRACTOR for furnishing the required materials and doing the prescribed work the unit prices set forth in accordance with CONTRACTOR'S proposal as set forth in Exhibit B. Said payment shall cover the cost of all direct and indirect costs or fees, including the work of employees and Sub-Contractors of CONTRACTOR. b. Optional Services: Payments for additional services requested, in writing, by CITY, and not included in the Scope of Services, shall be paid as agreed upon by the CITY and CONTRACTOR in writing. Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within 30 days after said invoices are received by CITY.
4. CITY agrees to provide to CONTRACTOR:
a. Information and assistance in the Scope of Services, hereto; b. Copies of information, if available, which CONTRACTOR considers necessary in order to complete the Project;
c. Such information as is generally available from CITY files applicable to the Project; d. Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONTRACTOR'S responsibility to make all initial contact with respect to the gathering of such information.
5. Ownership of Documents: All documents, data, studies, photographs and reports prepared by CONTRACTOR pursuant to this Agreement shall be considered the property of the CITY and, upon payment for services performed by CONTRACTOR, such documents and other identified materials shall be delivered to CITY by CONTRACTOR. CONTRACTOR may, however, make and retain such copies of said documents and materials as CONTRACTOR may desire.
6. Termination: Either CITY or CONTRACTOR may terminate this Agreement upon giving the other party 30 days written notice. In the event this Agreement is so terminated, CONTRACTOR shall be compensated for work completed as of the date of termination.
The CONTRACTOR shall provide to CITY any and all documents, studies, photographs and reports, whether in draft or final form, prepared by CONTRACTOR as of the date of termination.
7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in Paragraph 8.
The below-named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement:
Agreement No. 26-74 MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 41 of 101 Service Contract
8. Term of Contract: This Agreement shall commence on the date of execution and shall remain and continue in effect through November 8, 2026, or until terminated as provided in Paragraph 6 above.
This agreement can be extended by mutual consent prior to the termination date.
CITY:
Name:
Address:
City of Montclair
Public Works Director
5111 Benito Street, Montclair, CA 91763
CONTRACTOR: Merchants Building Maintenance, LLC
Name: Angel Z. Meza
Title: Regional Vice President
Address: 435 W Mission Blvd, Suite 100., Pomona, CA 91766 Any such notices, demands, invoices or written communications, by mail, shall be deemed to have been received by the addressee forty-eight ( 48) hours after deposit thereof in the United States Mail, postage prepaid, and property addressed as set forth above.
9. Insurance:
a) Type of /Required Coverages
Without limiting the indemnity provisions of the Contract, the Contractor shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
( 1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, with minimum limits of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage, and $2,000,000 aggregate total bodily injury, personal injury and property damage. Commercial General Liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
Products-Completed Operations: Contractor shall procure and submit to City evidence of insurance for a period of at least three (3) years from the time that all work under this Contract is completed.
(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy.
Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
Agreement No. 26-74 MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 42 of 101 Service Contract
(3) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
(4) Professional Liability: To the extent professional services are provided, Professional Liability insurance with coverage of not less than $3,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. 1) The insurance coverages required by Section (a)(l) Commercial General Liability; and (a)(2) Automobile Liability Insurance shall contain the following provisions or be endorsed to provide the following:
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to "Ongoing Operations"
2. Exclude "Contractual Liability"
3. Restrict coverage to the "Sole" liability of contractor
4. Exclude "Third-Party-Over Actions"
5. Contain any other exclusion contrary to the Contract) Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
2) The policy or policies of insurance required by Section (a)(3) Workers' Compensation shall be endorsed, as follows:
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
Agreement No. 26-74 MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 43 of 101 Service Contract
d) Waiver of Subrogation
Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all rights of subrogation against the indemnified parties and Policies shall contain or be endorsed to contain such a prov1s10n.
e) Evidence of Insurance
The Contractor, concurrently with the execution of the contract, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten ( 10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. t) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or selfinsured retention. g) Contractual Liability
The coverage provided shall apply to the obligations assumed by the Contractor under the indemnity provisions of this contract.
h) Failure to Maintain Coverage
Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon.
In the event that the Contractor's operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.
Agreement No. 26-74 MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 44 of 101 Service Contract
i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A: VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Contractor's Contract with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least three (3) years from termination or expiration of this Contract.
Upon expiration or termination of coverage of required insurance, Contractor shall procure and submit to City evidence of "tail" coverage or an extended reporting coverage period endorsement for the period of at least three (3) years from the time that all work under this contract is completed.
k) Insurance for Subcontractors
Contractor shall be responsible for causing Subcontractors to purchase the same types and limits of insurance in compliance with the terms of this Contract/ Agreement, including adding the City as an Additional Insured to the Subcontractor's policies.
I 0. Indemnification:
a) Defense, Indemnity and Hold Harmless. Contractor shall defend, indemnify and hold harmless the City, its present and former officers, directors, employees, agents, volunteers, mayor, staff, boards, committee and representatives, as broadly interpreted (collectively, the "Indemnified Parties"), of and from all claims, suits, demands, obligations, losses damages, sums or any other matters, threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim ofloss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Contractor herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct or other actions, omissions or conduct of Contractor, including its subcontractors, employees, agents and other persons or entities performing work for Contractor.
Agreement No. 26-74 MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 45 of 101 Service Contract
b) Contractual Indemnity. To the fullest extent permitted under California law, Contractor shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Consultant is legally liable, including but not limited to Contractor's officers, agents, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, including all negligent acts or omissions, or intentional misconduct or other actions, omissions to act or conduct of Contractor, including its subcontractors, employees, agents and other persons or entities performing work for Contractor. Indemnification shall include any claim that Contractor or Contractor's employees or agents, are or may be considered and treated to be employees of the City or are entitled to any employee benefits from City, including but not limited to those available under Public Employees Retirement Law.
The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Contractor's obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.
c) Subcontractors and Indemnification. Contractor agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant or other person or entity involved by, for, with, or on behalf of Contractor in the performance of any aspect of this Agreement. In the event Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns or heirs of Contractor and shall survive the full performance or termination of this Agreement.
These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions and all damages, fines, or penalties or loss of theft to the property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct or other Contractor conduct or activities and/or conduct or activities of Contractor's officers agents independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Contractor further agrees to waive all rights of subrogation against the Indemnified Parties.
Agreement No. 26-74 MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 46 of 101 Service Contract
d) City Lost or Damaged Property Theft. Contractor further agrees to pay or cause to be paid for the indemnified parties' benefit for any of this agreement. e) Non-Waiver and Non-Exhaustion of City's Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Contractor under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Contractor begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Contractor. The indemnity obligations of Contractor shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Contractor shall not be responsible for indemnification for claims or losses caused solely by the negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties, and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties.
11. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONTRACTOR without the prior written consent of CITY.
12. Independent Contractor: The parties hereto agree that CONTRACTOR and its employees, officers, and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY, including eligibility under Public Employees Retirement Law. The personnel performing the services under this Agreement on behalf of CONTRACTOR shall at all times be under CONTRACTOR'S exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR'S officers, employees, or agents, except as set forth in this Agreement. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Except for the fees paid to CONTRACTOR as provided in this Agreement, CITY shall not pay salaries, wages, or other compensation to CONTRACTOR for performing services hereunder for CITY.
CITY shall not be liable for compensation or indemnification to CONTRACTOR for injury or sickness arising out of performing services hereunder.
13. Compliance With Laws: CONTRACTOR shall comply with all State, Federal, or applicable laws and regulations in performing its obligations under this Agreement.
14. Confidentiality: Information and materials obtained by the CONTRACTOR from CITY during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the CONTRACTOR for any purpose other than the performance of this Agreement.
Agreement No. 26-74 MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 47 of 101 Service Contract
15. Discrimination: The CONTRACTOR agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, gender, age, marital status, or place of national origin. CONTRACTOR agrees to comply with all County, State and Federal laws relating to equal employment opportunityrights.
16. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any litigation concerning this Agreement shall take place in superior or federal district court with jurisdiction over the City of Montclair.
17. Attorneys' Fees: In the event any legal proceeding is instituted to enforce any term or provision of this Agreement, the prevailing party in said legal proceeding shall be entitled to recover reasonable attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable.
18. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party, which is not embodied herein, nor any other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement shall be effective only as it is in writing, signed by all parties.
19. Contents of Proposal: Contractor is bound by the contents of the proposal submitted by Contractor, Exhibit "B" hereto. In the event of conflict, the requirements of this Agreement shall take precedence over those contained in the Contractor's proposal.
20. Ineligible Subcontractors: Contractor shall not perform work on PROJECT with a subcontractor who is ineligible to perform on the PROJECT pursuant to Sections 1777 .1 and 1 777. 7 of the Labor Code.
(Signatures on the following page)
/Ill
Agreement No. 26-74 MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 48 of 101 Service Contract
IN WITNESS WHEREOF, the parties hereto execute this Agreement as of the day and year first set forth above.
CONTRACTOR:
Merchants Building Maintenance, LLC
By: ___________ _
Signature
Name: Angel Z. Meza
Typed/Printed
Title: Regional Vice President
Name: Edward C. Starr
Typed/Printed
Title: City Manager
Agreement No. 26-74 MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 49 of 101 Service Contract
IN WITNESS WHEREOF, the parties hereto execute this Agreement as of the day and year first set forth above.
CONTRACTOR:
Merchants Building Maintenance, LLC
Name: Angel Z. Mez.a
Typed/Printed
Title: Regional Vice President
Name: Edward C. Starr
Typed/Printed
Title: Cizy Manager
Agreement No. 26-74 MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 50 of 101 Service Contract
Exhibit A
Daily work to be completed Monday through Friday between 7:00 a.m. and 5:00 p.m.
1. Pick up trash on the outside of the facility
2. Empty exterior trash cans and replace trash bag liners.
3. Sweep dirt and debris from the exterior of the facility.
4. Clean the exterior doors, walls, and shutters.
5. Mop all hard surface floors
6. Clean and sanitize toilets and urinals
7. Clean and sanitize interior walls and doors
8. Clean and sanitize sinks, faucets, and other accessories
9. Replace toilet paper, paper towels, seat lines, and hand soap
10. Empty interior trash cans and replace can liners
11. Report graffiti and vandalism to the Public Works Facilities/Maintenance Assistant Manager
12. The City will provide cleaning supplies and paper products for all facilities Note: The City will issue alarm codes and keys that are Do Not Duplicate to the Regional Vice President.
I II I
Keys shall be returned at completion of contract. Lost or misplaced keys will incur a rekeying fee for all facilities (estimated at approximately $600.00) Agreement No. 26-74 MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 51 of 101
1. Merchants agree to perform the services outlined in this contract under 0Specifications" in locations and areas set forth in this contract for payment by the Client according to the terms outlined.
2. This agreement will be effective beginning
______ and may be terminated by either party
upon thirty (30) days written notice.
3. Monthly service to Client will be performed at the rate of:
Rate: $29.30 per hour, per employee with a minimum of 4 hours * Prices are subject to change with state/county required Minimum Wage Increases.
4. Payment shall be due within thirty (30} days from the invoice date. A late charge of one and one-ha~ percent (1.5%) per month shall be paid by Client to Merchants on any pastdue balance not received within thirty (30) days of the invoice date. If Client's account is referred to an agency or attorney for collection, attorneys' fees and costs of collection shall be recoverable by Merchants.
5. SPECIAL SERVICES - UPON REQUEST AT A
SEPARATE PRICE
• Carpet cleaning using truck~mounted extraction.
• Window washing - interior and exterior.
• Steam Cleaning of exterior sidewalks and entrances.
• Day Porter services if not included in original proposal. • Landscaping Services both interior and exterior through Merchants Landscape Services.
6. Th_e above charges are a total figure including wages, cleaning supplies and equipment payroll taxes and insurance, vacation1 health and welfare, supervision, and all other contractor costs.
7. Holidays- Merchants is not obligated to perform services on the following holidays: New Years Day. Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksqivina Day, and Christmas Day. Services on holidays, when
requested, shall be charged on an hourty basis.
8. These charges are based on the present labor costs,
related fringe costs, and current operating costs. If new or additional State or Federal, or minimum wages or payroll taxes are levied affecting payrolls! or if insurance or operating costs are increased, Merchants will request that our charges be adjusted accordingly.
Approved and Accepted:
By: ____________ _
9. It is further agreed that Merchants personnel will not be hired by Client for a period of 90 days following termination of this agreement.
10. Indemnification- Merchants shall indemnify, defend and hold harmless Client from loss, liability, cost, or expense (including reasonable attorney's fees) for bodily injury1 death and property damage (hereinafter referred to as 11 claim{st) but only to the extent same are caused by negligence, misconduct or other fault of Merchants, its agents and employees which arise out of work performed under this Agreement .The
foregoing provision shall only benefit Client if Client notifies Merchants in writing of such claim within 30 days of same being reported to Client or its representative. Merchants shall not be liable for delay, loss or damage caused by warfare, riots, strikes, boycotts, criminal acts, acts or omissions of others, fire, water damage, naturai calamity, or causes beyond Merchants' reasonable control. If Merchants is required to clean or wax floors when being used by employees1
customers, tenants, or business visitors, Client shall1 notNithstanding Merchants' negligence and to the full extent permitted by law, indemnify, defend and hold harmless
Merchants from claims for injury and death resulting there from.
11. lnsuranc~ and Taxes- Merchants agrees to maintain in effect during the tenn hereof, insurance for Workers'
Compensation with statutory limits, and personal injury and property damage with $11000,000 combined single limit liability per occurrence. Merchants has the right to b€ self-insured1 where permitted by State law. Merchants shall furnish to Client, on request a Certificate of Insurance evidencing such coverage and specifying that 30 days' prior notice of
cancer lat ion will be sent to Client. Merchants shall be responsible for paying all payroll based taxes affecting its employees.
12. Conformance with Legal Obligations-Client agrees to keep its facilitles In a safe condition and in conformance with Federal, state, and local laws, ordinances and regulations, and agrees to indemnify, defend and hold harmless Merchants from loss and liability (including reasonable attorneys' fees caused by Clients failure to do so.
13. lnde endent Contractor. Merchants is an independent co furnish services
he ,.___..j~---,,,C:J/I t of Client.
By:-=---L..1-~~-t~-+.::,;IC--\E-~---
Matthew Paradis Merchant •
Facuitiesand Grounds Supenntendent-------------------- ------- City of Montclair Exhibit B •
19 I Page
Agreement No. 26-74 MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 52 of 101 Service Contract
Agreement No. 26-74
Amendment No. 1
AMENDMENT NO. 1 TO
CITY OF MONTCLAIR AGREEMENT NO. 26-74
WITH MERCHANTS BUILDING MAINTENANCE, LLC
FOR CONTRACTOR SERVICES
THIS AGREEMENT is made and entered into this October 19, 2026, by and between The City of Montclair, a Municipal Corporation (hereinafter referred to as "CITY") and Merchants Building Maintenance, LLC (hereinafter referred to as "CONTRACTOR") (hereinafter collectively referred to as the “PARTIES”).
A. RECITALS
1. City previously requested of CONTRACTOR the performance of services with respect to janitorial services for the restrooms at the Montclair Transportation Center, Golden Girls Ballfield, Kingsley Ballfield, Saratoga Ballfield, Essex Park, and Sunset Park (“PROJECT” hereinafter); and
2. PARTIES entered into AGREEMENT on September 9, 2026, which has since been assigned Agreement No. 26-74 for tracking purposes, wherein CONTRACTOR agreed to provide services through November 8, 2026; and
3. CITY now desires to include janitorial services at the Civic Center as part of the PROJECT and extend the contract term by amending the expiration date from November 8, 2026, to June 30, 2027; and
4. Except as modified below, all other terms and provisions of AGREEMENT shall remain in full force and effect.
NOW, THEREFORE, IT IS AGREED by and between CITY and CONTRACTOR to amend the PROJECT to include janitorial services at the Civic Center and to replace Paragraph 8 of the AGREEMENT to read as follows:
B. AGREEMENT
8. Term of Contract: This Agreement shall commence on the date of execution and shall remain and continue in effect through June 30, 2027, or until terminated as provided in Paragraph 6 above. This agreement can be extended by mutual consent prior to the termination date.
CITY: City of Montclair
Name: Public Works Director
Address: 5111 Benito Street, Montclair, CA 91763
CONTRACTOR: Merchants Building Maintenance, LLC
Name: Angel Z. Meza
Title: Regional Vice President
Address: 435 W Mission Blvd, Suite 100., Pomona, CA 91766 Any such notices, demands, invoices or written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States Mail, postage prepaid, and property addressed as set forth above.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 53 of 101 Service Contract
Agreement No. 26-74
Amendment No. 1
IN WITNESS WHEREOF, the parties hereto execute this Agreement as of the day and year first set forth above.
CONTRACTOR: CITY:
Merchants Building Maintenance, LLC City of Montclair, A Municipal Corporation By: By:
Signature Signature
Name: Angel Z. Meza Name: Edward C. Starr
Typed/Printed Typed/Printed
Title: Regional Vice President Title: City Manager
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 54 of 101
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 19, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: PUB050/PRK300
DEPT.: PUBLIC WORKS
PREPARER: M. PARADIS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–75 WITH HK CONSTRUCTION FOR
ROOF REPLACEMENT ON THE KINGSLEY BALLFIELD TOWER AND ELECTRICAL ROOM,
SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–75 with HK Construction for roof replacement on the Kingsley Ballfield tower and electrical room. City Council approval is required for all agreements, renewals, and extensions.
A copy of proposed Agreement No. 26–75 is attached for City Council review and consideration.
BACKGROUND: The roof on the tower and electrical room at Kingsley Ballfield has aged and needs replacement. Rain and pests enter through holes in the roof and wood siding, creating hazardous conditions for the electrical equipment located within the structure.
It is unclear when the roof was last replaced.
Staff received the following three bids to tear off and replace the roof and worn siding of the building:
CONTRACTOR BID
HK Construction $28,650
SJ Lyons Construction Inc. $37,800
Avica Construction and Development, Inc. $54,740
HK Construction was selected as the lowest responsive bidder.
FISCAL IMPACT: The estimated cost to replace the roof and siding on the Kingsley Ballfield tower is $28,650. The Fiscal Year 2026–27 Public Works budget includes $35,000 for this repair.
RECOMMENDATION: Staff recommend the City Council approve Agreement No. 26–75 with HK Construction for roof replacement on the Kingsley Ballfield tower and electrical room, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 55 of 101 Agreement No. 26-75
CITY OF MONTCLAIR AGREEMENT
FOR CONTRACTOR SERVICES
THIS AGREEMENT is made and entered into this October 19, 2026, by and between The City of Montclair, a Municipal Corporation (hereinafter referred to as "CITY") and HK Construction (hereinafter referred to as "CONTRACTOR").
A. RECITALS
1. City has heretofore requested of CONTRACTOR the performance of services with respect to roof replacement on the Kingsley Ballfield tower and electrical room (“PROJECT” hereinafter);
2. CONTRACTOR has now submitted its proposal for the performance of such services;
3. CITY desires to retain CONTRACTOR to perform the services necessary to render advice and assistance to CITY relating to thePROJECT;
4. CONTRACTOR represents that it is qualified to perform such services and is willing to perform such services as hereinafter defined.
NOW, THEREFORE, IT IS AGREED by and between CITY and CONTRACTOR as follows:
B. AGREEMENT
1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires:
a. PROJECT: The preparation of all of the necessary documents, and reports with respect to the Scope of Services described herein and hereto, and made a part hereof;
b. SCOPE OF SERVICES: Such services as are necessary to be performed by CONTRACTOR to complete the WORK as set forth herein in Exhibit “A” attached hereto and incorporated herein by reference.
2. CONTRACTOR agrees as follows:
a. CONTRACTOR shall forthwith undertake and complete the PROJECT in accordance herein specified and applicable with Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of the CITY.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 56 of 101 Agreement No. 26-75
b. CONTRACTOR shall at CONTRACTOR'S sole cost and expense, secure and hire such other persons as may, in the opinion of CONTRACTOR, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONTRACTOR, CONTRACTOR hereby warrants that such other persons shall be fully qualified to perform services required hereunder. c. CONTRACTOR shall, at CONTRACTOR'S sole cost and expense, secure the required issuance of a City Business License as a condition precedent to being engaged as a CONTRACTOR within the CITY.
3. CITY agrees asfollows:
a. To pay to CONTRACTOR for furnishing the required materials and doing the prescribed work the unit prices set forth in accordance with CONTRACTOR’S proposal as set forth in Exhibit A. Said payment shall cover the cost of all direct and indirect costs or fees, including the work of employees and Sub-Contractors of CONTRACTOR.
b. Optional Services: Payments for additional services requested, in writing, by CITY, and not included in the Scope of Services, shall be paid as agreed upon by the CITY and CONTRACTOR in writing. Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within 30 days after said invoices are received by CITY.
4. CITY agrees to provide to CONTRACTOR:
a. Information and assistance in the Scope of Services,hereto; b. Copies of information, if available, which CONTRACTOR considers necessary in order to complete the Project;
c. Such information as is generally available from CITY files applicable to the Project;
d. Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONTRACTOR'S responsibility to make all initial contact with respect to the gathering of such information.
5. Ownership of Documents: All documents, data, studies, photographs and reports prepared by CONTRACTOR pursuant to this Agreement shall be considered the property of the CITY and, upon payment for services performed by CONTRACTOR, such documents and other identified materials shall be delivered to CITY by CONTRACTOR. CONTRACTOR may, however, make and retain such copies of saiddocuments and materials as CONTRACTOR may desire.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 57 of 101 Agreement No. 26-75
6. Termination: Either CITY or CONTRACTOR may terminate this Agreement upon giving the other party 30 days written notice. In the event this Agreement is so terminated, CONTRACTOR shall be compensated for work completed as of the date of termination. The CONTRACTOR shall provide to CITY any and all documents, studies, photographs and reports, whether in draft or final form, prepared by CONTRACTOR as of the date of termination.
7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in Paragraph 8. The below-named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement:
8. Term of Contract: This Agreement shall commence on the date of execution and shall remain and continue in effect until terminated as provided in Paragraph 6 above.
CITY: City of Montclair
Title: Director of Public Works
Address: 5111 Benito Street, Montclair, CA 91763
CONTRACTOR: HK Construction
Name: John Kheir
Title: President
Address: 673 East Cooley Drive, Suite 121, Colton, CA 92324 Any such notices, demands, invoices or written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States Mail, postage prepaid, and property addressed as set forth above.
9. Insurance:
a) Type of /Required Coverages
Without limiting the indemnity provisions of the Contract, the Contractor shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, with minimum limits of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage, and $2,000,000 aggregate total bodily injury, personal injury and property damage. Commercial General Liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 58 of 101 Agreement No. 26-75
Products-Completed Operations: Contractor shall procure and submit to City evidence of insurance for a period of at least three (3) years from the time that all work under this Contract is completed.
(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a nonowned and hired auto endorsement to the general liability policy.
Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. (4) Professional Liability: To the extent professional services are provided, Professional Liability insurance with coverage of not less than $3,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed. b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
1) The insurance coverages required by Section (a)(1) Commercial General Liability; and (a)(2) Automobile Liability Insurance shall contain the following provisions or be endorsed to provide the following:
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability”
3. Restrict coverage to the “Sole” liability of contractor
4. Exclude “Third-Party-Over Actions”
5. Contain any other exclusion contrary to the Contract) MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 59 of 101 Agreement No. 26-75
Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
2) The policy or policies of insurance required by Section (a)(3) Workers’ Compensation shall be endorsed, as follows:
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. d) Waiver of Subrogation
Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all rights of subrogation against the indemnified parties and Policies shall contain or be endorsed to contain such a provision.
e) Evidence of Insurance
The Contractor, concurrently with the execution of the contract, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 60 of 101 Agreement No. 26-75
f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
g) Contractual Liability
The coverage provided shall apply to the obligations assumed by the Contractor under the indemnity provisions of this contract. h) Failure to Maintain Coverage
Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
In the event that the Contractor’s operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.
i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M.
Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Contractor’s Contract with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least three (3) years from termination or expiration of this Contract.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 61 of 101 Agreement No. 26-75
Upon expiration or termination of coverage of required insurance, Contractor shall procure and submit to City evidence of “tail” coverage or an extended reporting coverage period endorsement for the period of at least three (3) years from the time that all work under this contract is completed. k) Insurance for Subcontractors
Contractor shall be responsible for causing Subcontractors to purchase the same types and limits of insurance in compliance with the terms of this Contract/Agreement, including adding the City as an Additional Insured to the Subcontractor’s policies.
10. Indemnification:
a) Defense, Indemnity and Hold Harmless. Contractor shall defend, indemnify and hold harmless the City, its present and former officers, directors, employees, agents, volunteers, mayor, staff, boards, committee and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses damages, sums or any other matters, threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Contractor herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct or other actions, omissions or conduct of Contractor, including its subcontractors, employees, agents and other persons or entities performing work for Contractor. b) Contractual Indemnity. To the fullest extent permitted under California law, Contractor shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Consultant is legally liable, including but not limited to Contractor’s officers, agents, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, including all negligent acts or omissions, or intentional misconduct or other actions, omissions to act or conduct of Contractor, MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 62 of 101 Agreement No. 26-75
including its subcontractors, employees, agents and other persons or entities performing work for Contractor. Indemnification shall include any claim that Contractor or Contractor’s employees or agents, are or may be considered and treated to be employees of the City or are entitled to any employee benefits from City, including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties.
Contractor’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.
c) Subcontractors and Indemnification. Contractor agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant or other person or entity involved by, for, with, or on behalf of Contractor in the performance of any aspect of this Agreement. In the event Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns or heirs of Contractor and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions and all damages, fines, or penalties or loss of theft to the property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct or other Contractor conduct or activities and/or conduct or activities of Contractor’s officers agents independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Contractor further agrees to waive all rights of subrogation against the Indemnified Parties.
d) City Lost or Damaged Property Theft. Contractor further agrees to pay or cause to be paid for the indemnified parties’ benefit for any of this agreement. e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Contractor under the terms of this Agreement MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 63 of 101 Agreement No. 26-75
or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Contractor begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Contractor. The indemnity obligations of Contractor shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Contractor shall not be responsible for indemnification for claims or losses caused solely by the negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties, and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties.
11. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONTRACTOR without the prior written consent of CITY.
12. Independent Contractor: The parties hereto agree that CONTRACTOR and its employees, officers, and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY, including eligibility under Public Employees Retirement Law. The personnel performing the services under this Agreement on behalf of CONTRACTOR shall at all times be under CONTRACTOR’S exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees, or agents, except as set forth in this Agreement. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Except for the fees paid to CONTRACTOR as provided in this Agreement, CITY shall not pay salaries, wages, or other compensation to CONTRACTOR for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONTRACTOR for injury or sickness arising out of performing services hereunder.
13. Compliance With Laws: CONTRACTOR shall comply with all State, Federal, or applicable laws and regulations in performing its obligations under this Agreement.
14. Confidentiality: Information and materials obtained by the CONTRACTOR from CITY during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the CONTRACTOR for any purpose other than the performance of this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 64 of 101 Agreement No. 26-75
15. Discrimination: The CONTRACTOR agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, gender, age, marital status, or place of national origin. CONTRACTOR agrees to comply with all County, State and Federal laws relating to equal employment opportunityrights.
16. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any litigation concerning this Agreement shall take place in superior or federal district court with jurisdiction over the City of Montclair.
17. Attorneys' Fees: In the event any legal proceeding is instituted to enforce any term or provision of this Agreement, the prevailing party in said legal proceeding shall be entitled to recover reasonable attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable.
18. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party, which is not embodied herein, nor any other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement shall be effective only as it is in writing, signed by all parties.
19.Contents of Proposal: Contractor is bound by the contents of the proposal submitted by Contractor, Exhibit “A” hereto. In the event of conflict, the requirements of this Agreement shall take precedence over those contained in the Contractor’s proposal.
20. Ineligible Subcontractors: Contractor shall not perform work on PROJECT with a subcontractor who is ineligible to perform on the PROJECT pursuant to Sections 1777.1 and 1777.7 of the Labor Code.
(Signatures on the following page)
/ / / /
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 65 of 101 Agreement No. 26-75
IN WITNESS WHEREOF, the parties hereto execute this Agreement as of the day and year first set forth above.
CONTRACTOR: CITY:
HK Construction City of Montclair, A Municipal Corporation By: By:
Signature Signature
Name: John Kheir Name: Javier John Dutrey
Title: President Title: Mayor
ATTEST:
Andrea Myrick, City Clerk
APPROVED AS TO FORM:
Diane Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 66 of 101
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 19, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: PKG275
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3542 RESCINDING AND REPLACING RESOLUTION NO. 25–3497 DESIGNATING RESTRICTED PARKING ON PUBLIC STREETS AND ALLEYS TO INCLUDE THE ADDITION OF TIME–LIMITED PARKING ON SECTIONS OF FREMONT AVENUE, STATION AVENUE, BIRCH STREET, AND A CITY–OWNED PARKING LOT; REVISING STREET SWEEPING PARKING RESTRICTIONS NORTH OF MORENO ELEMENTARY SCHOOL; AND PROHIBITING PARKING ON THE SOUTH SIDE
OF A SEGMENT OF STATE STREET
REASON FOR CONSIDERATION: Montclair Municipal Code 8.36.100 authorizes the City Engineer to impose parking time limits or prohibit parking on designated streets by posting appropriate signs or by markings on curbs.
Management at the Village development, located on the north side of Arrow Highway at Fremont Avenue (5040 & 5050 Arrow Highway), has requested to impose a two–hour parking zone on the interior and adjacent public streets, which include Fremont Avenue, Station Avenue north of Arrow Highway and south of the Metrolink tracks, and Birch Street from Station Avenue easterly approximately 390 feet; and a three–hour parking zone for the City parking lot located to the north of Birch Street, east of Fremont Avenue and south of the Metrolink tracks.
The City is also proposing adjustments to street sweeping parking restrictions north of Moreno Elementary school, and installation of “No Parking” signs on the south side of State Street from Greenwood Avenue to 330 feet west.
Therefore, the City Council is requested to consider adoption of Resolution No. 26–3542 rescinding and replacing Resolution No. 25–3497 and designating restricted parking on public streets and alleys, including the addition of time–limited parking on sections of Fremont Avenue, Station Avenue, Birch Street, and a City–owned parking lot; revising street sweeping parking restrictions north of Moreno Elementary School; and prohibiting parking on the south side of a segment of State Street.
A copy of proposed Resolution No. 26–3542 is attached for the City Council’s review and consideration.
BACKGROUND: Section 22658 of the California Vehicle Code sets forth parking regulations by towing or citation. Chapter 8.36 of the Montclair Municipal Code outlines a time limit to the stopping, standing, and parking of vehicles on City streets and other public properties. Additionally, Section 8.36.100 authorizes the City Engineer to impose parking time limits or prohibit parking on designated streets with signs or markings on curbs. Finally, Section 8.16.010 of the Montclair Municipal Code recognizes that the City Council may adopt a Resolution citing parking restrictions.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 67 of 101 The Village Development is generally located on the north side of Arrow Highway at Fremont Avenue. The proposed resolution imposes a permanent two–hour parking time limit on public streets internal to the development—specifically on Fremont Avenue, Station Avenue, and Birch Street—and a three–hour parking time limit for the City–owned parking lot located in the northeastern area of the development, as shown in Attachment 1 to this report.
The Village Development is composed of mixed–use commercial and residential units, with a residential parking garage. The purpose of the limited parking is to ensure the on–street parking is available for the patrons of the commercial business establishments.
Additionally, the City–owned parking lot area, which is currently being leased by The Village Development, would have a 3–hour parking limit to facilitate business meetings and/or group gatherings at the complex.
Adjustments to street sweeping signage to 9:00 a.m. to 12:00 p.m. on Moreno Street and in the neighborhood to the North of Moreno Street was implemented to facilitate school operations during pick–up and drop–off periods, as requested by the school authorities. The affected streets are Moreno Street, Surrey Avenue, Highland Street and Olive Street—from the San Antonio Channel to Monte Vista Avenue, and from Moreno to Olive Street.
No Parking Anytime signs were placed on the south side of State Street from Greenwood Avenue to 330 feet west to improve sight distance and access to the walking path in this unimproved section of State Street.
Approval of Resolution No. 26–3542 would allow enforcement actions related to violations after the limited parking signs have been posted.
FISCAL IMPACT: The cost to purchase signs, posts, and hardware to implement the recommended changes in Resolution No. 26–3542 would be approximately $2,000 for the Village Development, and $2,000 for the other sign adjustments. Funds for the proposed changes at the Village Development are available from Community Facilities District No. 2025–1, and the street signing and painting program of the Public Works Department’s Fiscal Year 2026–27 Budget.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 26–3542 rescinding Resolution No. 25–3497 designating restricted parking on public streets and alleys to include the addition of time–limited parking on sections of Fremont Avenue, Station Avenue, Birch Street, and a City–owned parking lot; revising street sweeping parking restrictions north of Moreno Elementary School; and prohibiting parking on the south side of a segment of State Street.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 68 of 101 Time Restricted Public Parking Exhibit
Village at Montclair 10/2/26
Station Fremont Avenue Birch Street 2 Hour Parking
Lot 6 Surface Lot3 Hour Parking
Avenue
Attachment 1
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 69 of 101 Resolution No. 26–3542 Page 1 of 23
RESOLUTION NO. 26–3542
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MONTCLAIR RELATED TO RESTRICTED PARKING
ON PUBLIC STREETS AND ALLEYS
WHEREAS, the State of California provides, under Division 11, Chapter 9, Section 22507 of the Vehicle Code, that the City may adopt regulations by resolution or ordinance; and
WHEREAS, Section 8.16.010 of the Montclair Municipal Code provides that parking restrictions may be adopted by Resolution; and
WHEREAS, parking restrictions that were adopted by the City Council's adoption of Resolution No. 25–3497 are being rescinded by the adoption of this Resolution to incorporate all restricted parking on public streets in one Resolution; and WHEREAS, an exemption from these parking restrictions may be granted by the Public Works Director on one or more of the following grounds:
A residence that has alley access only to the garage (and residents are unable to park in the garage) or has no garage;
A residence that has alley access only to the garage (the size of which can only accommodate two or fewer vehicles) at which two or more vehicles are registered;
A residence at which a family member with a physical disability resides and such resident possesses a State of California Department of Motor Vehicles Disabled Person Parking placard and/or license plate;
Any other situation that would demonstrate a hardship created by the posting of restricted parking signs as determined by the City Engineer; and WHEREAS, execution of an agreement with the City would be required for any resident issued the parking exemption. The agreement will require that the resident be responsible for clearing the gutter in front of his/her home.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does hereby rescind Resolution No. 25–3497 and adopt the following parking restriction districts in conformance with Section 8.16.010 of the Montclair Municipal Code:
Street Hours Parking Restricted
Ada Avenue from Monte Verde Street to its
terminus north of Clair Street
Monday
7:00 a.m. to 2:00 p.m.
Ada Avenue west side from State Street to Mission
Boulevard
Monday
7:00 a.m. to 2:00 p.m.
Alamitos Street between Norton and Amherst
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Alamitos Street between Camulos and Felipe
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Alamitos Street between Camulos and Felipe
Avenues
7:00 a.m. to 4:00 p.m. during schools sessions,
except by permit
Alamitos Street between Rose and Saratoga
Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Alamitos Street from Del Mar Avenue west to its
terminus
Thursday
7:00 a.m. to 2:00 p.m.
Allesandro Street between Ramona and Felipe
Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
Amherst Avenue between San Bernardino and
Alamitos Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Amherst Avenue between Benito and Rudisill
Streets
Wednesday
7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 70 of 101 Resolution No. 26–3542 Page 2 of 23
Street Hours Parking Restricted
Amherst Avenue from Clair Street north to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Amherst Avenue between Fauna and Evart Streets Monday
7:00 a.m. to 2:00 p.m.
Amherst Avenue west side between Kingsley
Street and Holt Boulevard
Monday
7:00 a.m. to 2:00 p.m.
Amherst Avenue east side between Kingsley
Street and Holt Boulevard
Tuesday
7:00 a.m. to 2:00 p.m.
Amherst Avenue west side between alleyway at
10440 Amherst Avenue and 175 feet to the south
Permit parking only
Amherst Avenue west side between Holt
Boulevard and 185 feet to the north
2:00 a.m. to 6:00 a.m.
Armsley Street from Columbine Avenue east to its
terminus
Tuesday
7:00 a.m. to 2:00 p.m.
Armsley Street between Vernon and Del Mar
Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
Arrow Highway on the south side in front of 4961
Arrow Highway
No Stopping at any time
Arrow Highway on the north side between Central
Avenue and the San Antonio Channel
No Parking at any time
Arrow Highway on the south side 250 feet east of
Rose Avenue to Vernon Avenue
No Parking at any time
Bandera Street from Amherst Avenue west to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Bandera Street on the north side between Lehigh
and Monte Vista Avenues
Monday
7:00 a.m. to 2:00 p.m.
Bandera Street on the south side between Lehigh
and Monte Vista Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
Bandera Street on the south side from 4379 to
4395 Bandera Street
Permit parking only
Bandera Street on the south side from 4594 to
4773 Bandera Street
Permit parking only
Bandera Street on the north side between Monte
Vista and Central Avenues
Monday
7:00 a.m. to 2:00 p.m.
Bandera Street on the south side between Monte
Vista Avenue and a point 600 feet west of Central
Avenue
Monday
7:00 a.m. to 2:00 p.m.
Bandera Street on the south side from
5065 Bandera Street to a point 175 feet west
No Parking at any time
Bandera Street from Benson Avenue west to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Bel Air Avenue between Caroline and Deodar
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Bel Air Avenue between Cambridge and San
Bernardino Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Bel Air Avenue from Benito Street north to its
terminus
Thursday
7:00 a.m. to 2:00 p.m.
Bel Air Avenue between Benito
and Orchard Streets
Monday
7:00 a.m. to 2:00 p.m.
Bel Air Avenue between Orchard and Kingsley
Streets
Monday
7:00 a.m. to 2:00 p.m.
Benito Street between Mills and Ramona Avenues Wednesday 7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 71 of 101 Resolution No. 26–3542 Page 3 of 23
Street Hours Parking Restricted
Benito Street on the south side between Camulos
and Ramona Avenues
Monday through Friday
7:00 a.m. to 4:00 p.m., except by permit
Benito Street on the south side between Ramona
and Camulos Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Benito Street on the south side between Camulos
and Helena Avenues
No stopping any time
Benito Street on the north side between Ramona
and Monte Vista Avenues
7:00 a.m. to 4:00 p.m.
During school sessions, 1–hour parking except by
permit
Benito Street on the south side between Helena
Avenue and 190 feet east
Bus loading zone
Benito Street on the south side from a point 190
feet east of Helena Avenue east to a point 650
feet west of the centerline of Monte Vista Avenue
7:00 a.m. to 4:00 p.m.
During school sessions, 20–minute parking except
by permit
Benito Street on the south side from Monte Vista
Avenue to a point 200 feet west of Greenwood
Avenue
Thursday
7:00 a.m. to 2:00 p.m.
Benito Street between Monte Vista and Fremont
Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Benito Street on the south side from Central
Avenue to a point 200 feet west of Poulsen
Avenue
Thursday
7:00 a.m. to 2:00 p.m.
Benito Street on the north side between Central
and Benson Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Benito Street on the south side between Central
and Vernon Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Benito Street on the south side between Vernon
and Bel Air Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Benito Street on the south side between Bel Air
and Benson Avenues
Monday
7:00 a.m. to 2:00 p.m.
Benson Avenue on the west side between Arrow
Highway and San Jose Street
Tuesday
7:00 a.m. to 2:00 p.m.
Benson Avenue on the west side between San Jose
and Palo Verde Street
Tuesday
7:00 a.m. to 2:00 p.m.
Benson Avenue on the west side between Palo
Verde and San Bernardino Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Benson Avenue on the west side between San
Bernardino and Benito Streets
Thursday
7:00 a.m. to 2:00 p.m.
9810 Benson Avenue Permit parking only
9818 Benson Avenue Permit parking only
Benson Avenue on the west side between Benito
and Orchard Streets
Monday
7:00 a.m. to 2:00 p.m.
Benson Avenue on the west side between Orchard
and Kingsley Streets
Monday
7:00 a.m. to 2:00 p.m.
Benson Avenue on the west side between Kingsley
Street and Holt Boulevard
Monday
7:00 a.m. to 2:00 p.m.
Benson Avenue on the west side between Holt
Boulevard and the Southern Pacific Railroad tracks
Daily
9:00 p.m. to 7:00 a.m.
Berkeley Street between Pradera and Norton
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Berkeley Street between Norton and Kimberly
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 72 of 101 Resolution No. 26–3542 Page 4 of 23
Street Hours Parking Restricted
Berkeley Street from Felipe Avenue west to its
terminus
7:00 a.m. to 4:00 p.m. during school sessions,
except by permit
Berkeley Street from Felipe Avenue west to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Berkeley Street between Helena and Greenwood
Avenues
Wednesday
7:00 a.m. 2:00 p.m.
Berkeley Street between Helena and Greenwood
Avenues
7:00 a.m. to 4:00 p.m. during school sessions,
except by permit
Berkeley Street between Rose and Saratoga
Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Berkeley Street between Bel Air and Del Mar
Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Big Sky Avenue from Grand Avenue north to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Bolton Avenue from Harvard Street north to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Bolton Avenue between Rosewood and Berkeley
Streets
Wednesday
7:00 a.m. 2:00 p.m.
Bolton Avenue between Rosewood and Berkeley
Streets
7:00 a.m. to 4:00 p.m. during school sessions,
except by permit
Bolton Avenue between Fauna and Flora Streets Thursday
7:00 a.m. to 2:00 p.m.
Bonnie Brae Street between Mills and Felipe
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Bonnie Brae Street north side between Pradera
and Ramona Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Bonnie Brae Street between Columbine and
Vernon Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
Bonnie Brae Street between Vernon and Del Mar
Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
4461Brooks Street east to Ramona Avenue No Parking at any time 4500 Brooks Street west to its terminus No parking this tract, vehicles over 10,000 GVW 4570 Brooks Street west to Ramona Avenue No Parking at any time 4650 Brooks Street No parking, vehicles over 10,000 GVW 4660 Brooks Street No parking, vehicles over 10,000 GVW 4664 Brooks Street No parking, vehicles over 10,000 GVW Brooks Street on the south side from Monte Vista
Avenue west to a point 895 feet west of Monte
Vista Avenue
No parking, vehicles over 10,000 GVW
Brooks Street on the south side from Ramona
Avenue to a point 535 feet east of Ramona
Avenue
No Parking at any time
Brooks Street from Benson Avenue west to its
terminus
Daily
9:00 p.m. to 7:00 a.m.
Buckskin Avenue between Mane and Rawhide
Streets
Monday
7:00 a.m. to 2:00 p.m.
Buckskin Avenue between Phillips Boulevard and
Monte Verde Street
Monday
7:00 a.m. to 2:00 p.m.
Buckskin Avenue from Saddleback Street north to
its terminus
Monday
7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 73 of 101 Resolution No. 26–3542 Page 5 of 23
Street Hours Parking Restricted
Butterfield Avenue from Phillips Boulevard north
to its terminus
Monday
7:00 a.m. to 2:00 p.m.
Camarena Avenue between Rosewood and Benito
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Camarena Avenue between Fauna and Kingsley
Streets
Monday
7:00 a.m. to 2:00 p.m.
Camarena Avenue between Howard and
Saddleback Streets
Monday
7:00 a.m. to 2:00 p.m.
Camarena Avenue between Bandera and
Manzanita Streets
Monday
7:00 a.m. to 2:00 p.m.
Cambridge Street between Pradera and Ramona
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Cambridge Street from Surrey Avenue east to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Cambridge Street from Del Mar Avenue to its
terminus west of Vernon Avenue
Tuesday
7:00 a.m. to 2:00 p.m.
Camulos Avenue between Arrow Highway and
Oakdale Street
Tuesday
7:00 a.m. to 2:00 p.m.
Camulos Avenue between Allesandro and Moreno
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Camulos Avenue from San Jose Street north to its
terminus
Tuesday
7:00 a.m. to 2:00 p.m.
Camulos Avenue between La Deney and
Hawthorne Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Camulos Avenue from Bonnie Brae Street north to
its terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Camulos Avenue between Palo Verde and Harvard
Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Camulos Avenue between Rosewood and Benito
Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Camulos Avenue between State and Dale Streets No Parking at any time Camulos Avenue between Alamitos and Benito
Streets
7:00 a.m. to 4:00 p.m. during school sessions,
except by permit
Camulos Avenue on the west side between Benito
and Orchard Streets
Wednesday 7:00 a.m. to 2:00 p.m.
Camulos Avenue on the west side between Benito
and Orchard Streets
7:00 a.m. to 4:00 p.m. during school sessions,
except by permit
Camulos Avenue between Orchard and Kingsley
Streets
Monday
7:00 a.m. to 2:00 p.m.
Canary Court from Ramona Avenue east and then
north to its terminus
Monday
7:00 a.m. to 2:00 p.m.
Canoga Street on the north side between Ramona
and Monte Vista Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
Canoga Street on the south side between Ramona
and Monte Vista Avenues
Monday
7:00 a.m. to 2:00 p.m.
Canoga Street between Fremont and Monte Vista
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Canoga Street from Marion Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Carlton Street from Monte Vista Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 74 of 101 Resolution No. 26–3542 Page 6 of 23
Street Hours Parking Restricted
Caroline Street between Bel Air Avenue to its
terminus east of Del Mar Avenue
Tuesday
7:00 a.m. to 2:00 p.m.
Carriage Avenue from Grand Avenue north to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Carriage Avenue on the west side between Phillips
Boulevard and Ramona Place
Monday
7:00 a.m. to 2:00 p.m.
Carriage Avenue between Rawhide Street and
Mission Boulevard
Monday
7:00 a.m. to 2:00 p.m.
Carrillo Avenue between El Morado and Orchard
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Carrillo Avenue from Palo Verde Street north to its
terminus
Tuesday
7:00 a.m. to 2:00 p.m.
Carrillo Avenue on the west side to its terminus
north of Palo Verde Street
Permit Parking Only every day,
7:00 a.m. to 5:00 p.m.
Carrillo Avenue from Saddleback north to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Carrillo Avenue between San Bernardino and Palo
Verde Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Central Avenue on the west side between the
north City Limits and Arrow Highway
No Parking at any time
Central Avenue on the east side between the
north City Limits and San Bernardino Street
No stopping any time
Central Avenue on the west side between Arrow
Highway and Palo Verde Street
No stopping any time
Central Avenue between Benito and Orchard
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Central Avenue on the west side between San
Bernardino and Benito Streets
No Parking at any time
Central Avenue on the east side between San
Bernardino and Benito Streets
Thursday
7:00 a.m. to 2:00 p.m.
Central Avenue on the west side between Kingsley
and Orchard Streets
No Parking at any time
Central Avenue service road from its beginning to
its terminus
No Parking at any time
Central Avenue on the west side from Howard
Street to a point 420 feet north
No Parking at any time
Parking lot north of Birch Street, east of Fremont
Avenue and south of the Metrolink tracks
3–hour parking
Clair Street from Kimberly Avenue to its terminus
west of Essex Avenue
Monday
7:00 a.m. to 2:00 p.m.
Clair Street between Marion and Ada Avenues Monday
7:00 a.m. to 2:00 p.m.
Clair Street between Whitewater and Coalinga
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Coalinga Avenue from Howard Street south to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Coalinga Avenue between Rosewood and Benito
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Coalinga Avenue between Fauna and Kingsley
Streets
Monday
7:00 a.m. to 2:00 p.m.
College Avenue from Howard Street to a point
650 feet south
Monday
7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 75 of 101 Resolution No. 26–3542 Page 7 of 23
Street Hours Parking Restricted
Columbine Avenue between Deodar and San Jose
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Columbine Avenue between La Deney and Bonnie
Brae Street
Tuesday
7:00 a.m. to 2:00 p.m.
Columbine Avenue between Rosewood and Benito
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Columbine Avenue between Granada and Rudisill
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Columbine Avenue between Fauna and Evart
Streets
Monday
7:00 a.m. to 2:00 p.m.
Cypress Street on the north side between Monte
Vista Avenue and the alleyway
9:00 a.m. to 6:00 p.m.
1–hour parking
Cypress Street between Monte Vista and Magnolia
Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
Dale Street between Camulos and Ramona
Avenues
No Parking at any time
Deer Creek Avenue between Grand Avenue north
and Grand Avenue south
Monday
7:00 a.m. to 2:00 p.m.
Del Mar Avenue between Caroline and San Jose
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Del Mar Avenue between San Jose and Palo Verde
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Del Mar Avenue between Yale and Cambridge
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Del Mar Avenue from Benito Street north to its
terminus
Thursday
7:00 a.m. to 2:00 p.m.
Del Mar Avenue between Benito and Orchard
Streets
Monday
7:00 a.m. to 2:00 p.m.
Del Mar Avenue between Orchard and Kingsley
Streets
Monday
7:00 a.m. to 2:00 p.m.
Denver Street between Pradera and Amherst
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Denver Street between Ramona Avenue west to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Denver Street from Camulos Avenue west to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Denver Street from Camulos Avenue west to its
terminus
7:00 a.m. to 4:00 p.m. during school sessions,
except by permit
Denver Street between Greenwood and Monte
Vista Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Denver Street between Greenwood and Monte
Vista Avenues
7:00 a.m. to 4:00 p.m. during school sessions,
except by permit
Denver Street from Monte Vista Avenue east to its
terminus
Thursday
7:00 a.m. to 2:00 p.m.
Denver Street between Rose and Columbine
Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Denver Street between Bel Air and Del Mar
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Deodar Street between its terminus west of
Columbine Avenue to its terminus east of Del Mar
Avenue
Tuesday
7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 76 of 101 Resolution No. 26–3542 Page 8 of 23
Street Hours Parking Restricted
El Morado Street from Ramona Avenue west to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
El Morado Street from Camulos Avenue west to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
El Morado Street from Camulos Avenue west to its
terminus
7:00 a.m. to 4:00 p.m. during school sessions,
except by permit
El Morado Street between Tudor and Monte Vista
Avenues
Thursday
7:00 a.m. to 2:00 p.m.
El Morado Street between Marion and Central
Avenues
Thursday
7:00 a.m. to 2:00 p.m.
El Morado Street between Rose and Vernon
Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Essex Avenue between Howard and Clair Streets Monday
7:00 a.m. to 2:00 p.m.
Evart Street between Mills and Pradera Avenues Monday
7:00 a.m. to 2:00 p.m.
Evart Street on the north side between Amherst
and Pradera Avenues
Daily
12:00 a.m. to 5:00 a.m.
Monday
7:00 a.m. to 2:00 p.m.
Evart Street on the south side between Pradera
and Amherst Avenues
Monday
7:00 a.m. to 2:00 p.m.
Evart Street from Ramona Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Evart Street between Felipe and Tudor Avenues Thursday
7:00 a.m. to 2:00 p.m.
Evart Street from Coalinga Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Evart Street from Marion Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Evart Street from Rose Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Evart Street between Saratoga and Columbine
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Exeter Avenue between Palo Verde and La Deney
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Exeter Avenue between Princeton and San
Bernardino Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Fauna Street between Oak Glen and Amherst
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Fauna Street between Lehigh and Kimberly
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Fauna Street between Felipe and Tudor Avenues Thursday
7:00 a.m. to 2:00 p.m.
Fauna Street from Tudor Avenue east to its
terminus
Thursday
7:00 a.m. to 2:00 p.m.
Fauna Street from Monte Vista Avenue to its
terminus east of Coalinga Avenue
Monday
7:00 a.m. to 2:00 p.m.
Fauna Street between Coalinga and Geneva
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Fauna Street from Marion Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 77 of 101 Resolution No. 26–3542 Page 9 of 23
Street Hours Parking Restricted
Fauna Street from west of Saratoga Avenue to
Vernon Avenue
Monday
7:00 a.m. to 2:00 p.m.
Felipe Avenue from Oakdale Street north to its
terminus
Tuesday
7:00 a.m. to 2:00 p.m.
Felipe Avenue between Moreno and Allesandro
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Felipe Avenue from San Jose Street south to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Felipe Avenue from Bonnie Brae Street north to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Felipe Avenue between Rosewood and Benito
Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Felipe Avenue between Rosewood and Benito
Streets
7:00 a.m. to 4:00 p.m.
during school sessions, except by permit
Felipe Avenue between Orchard and Kingsley
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Felipe Avenue from Bandera Street south to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Flora Street between Pradera and Amherst
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Flora Street from Ramona Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Flora Street between Felipe and Tudor Avenues Thursday
7:00 a.m. to 2:00 p.m.
Flora Street between Greenwood and Monte Vista
Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Flora Street between Monte Vista and Camarena
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Flora Street from Coalinga Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Flora Street from Fremont Avenue west to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Flora Street from Poulsen Avenue west to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Flora Street from Rose Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Fremont Avenue north of Arrow Highway and
south of the Metrolink tracks
2–hour parking
Fremont Avenue on the east side from Howard
Street to a point 120 feet south of Saddleback
Street
Monday
7:00 a.m. to 2:00 p.m.
Fremont Avenue on the west side from Howard
Street to a point 120 feet south of Grand Avenue
Monday
7:00 a.m. to 2:00 p.m.
Fremont Avenue between Mission Boulevard and
Howard Street
Monday
7:00 a.m. to 2:00 p.m.
Fremont Avenue on the west side from Mission
Boulevard north to a point 470 feet
No Parking at any time
Fremont Avenue on the east side between Moreno
and Olive Streets
No Parking at any time
Fremont Avenue on the west side between Olive
and Moreno Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Fremont Avenue on the west side between
Palo Verde and San Bernardino Streets
Thursday
7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 78 of 101 Resolution No. 26–3542 Page 10 of 23
Street Hours Parking Restricted
Fremont Avenue on the east side between Palo
Verde and San Bernardino Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Fremont Avenue on the east side from Palo Verde
Street south to 9633 Fremont Avenue
Permit parking only
Fremont Avenue on the west side between Benito
and San Bernardino Streets
Thursday
7:00 a.m. to 2:00 p.m.
Fremont Avenue on the east side between Benito
and San Bernardino Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Fremont Avenue between Benito and Orchard
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Fremont Avenue between Orchard and Kingsley
Streets
Monday
7:00 a.m. to 2:00 p.m.
Fremont Avenue between Bandera and Kingsley
Streets
Monday
7:00 a.m. to 2:00 p.m.
Galena Avenue between Rosewood and Benito
Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Galena Avenue between Rosewood and Benito
Streets
7:00 a.m. to 4:00 p.m. during school sessions,
except by permit
Galena Avenue from Fauna Street north to its
terminus
Thursday
7:00 a.m. to 2:00 p.m.
Geneva Avenue between Olive and Highland
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Geneva Avenue between Rosewood and Benito
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Geneva Avenue between Benito and Rudisill
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Geneva Avenue between Fauna and Orchard
Streets
Monday
7:00 a.m. to 2:00 p.m.
Granada Street from Pradera Avenue east to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Granada Street from Ramona Avenue west to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Granada Street from Monte Vista Avenue east to
its terminus
Thursday
7:00 a.m. to 2:00 p.m.
Granada Street between Rose and Columbine
Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Granada Street between Santa Anita and Del Mar
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Grand Avenue between Deer Creek and Fremont
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Grand Avenue between Monte Vista and Deer
Creek Avenues
Monday
7:00 a.m. to 2:00 p.m.
Grand Avenue north side from Ramona Avenue to
a point 130 feet east of Carriage Avenue
Monday
7:00 a.m. to 2:00 p.m.
Grand Avenue on the south side from Ramona
Avenue east to 4641 Grand Avenue
Monday
7:00 a.m. to 2:00 p.m.
Greenwood Avenue from Harvard Street north to
its terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Greenwood Avenue between Rosewood and
Benito Streets
Wednesday
7:00 a.m. 2:00 p.m.
Greenwood Avenue between Rosewood and
Benito Streets
7:00 a.m. to 4:00 p.m. during school sessions,
except by permit
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 79 of 101 Resolution No. 26–3542 Page 11 of 23
Street Hours Parking Restricted
Greenwood Avenue between Benito and Denver
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Greenwood Avenue between Benito and Denver
Streets
7:00 a.m. to 4:00 p.m. during school sessions,
except by permit
Greenwood Avenue from Orchard Street north to
its terminus
Thursday
7:00 a.m. to 2:00 p.m.
Greenwood Avenue between Fauna and Kingsley
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Greycliff Avenue from Grand Avenue north to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Harvard Street between Pradera and Ramona
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Harvard Street between Ramona and Camulos
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Harvard Street between Helena and Monte Vista
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Harvard Street between Fremont and Poulsen
Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
Harvard Street from Exeter Avenue to its terminus
east of Bel Air Avenue
Tuesday
7:00 a.m. to 2:00 p.m.
Hawthorne Street between Ramona and Camulos
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Hawthorne Street from Columbine Avenue east to
its terminus
Tuesday
7:00 a.m. to 2:00 p.m.
Hawthorne Street between Vernon and Del Mar
Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
Helena Avenue from Moreno Street north to its
terminus
Tuesday
7:00 a.m. to 2:00 p.m.
Helena Avenue between Palo Verde and San
Bernardino Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Helena Avenue between San Bernardino and
Benito Streets
Wednesday
7:00 a.m. 2:00 p.m.
Helena Avenue between San Bernardino and
Benito Streets
7:00 a.m. to 4:00 p.m. during school sessions,
except by permit
Helena Avenue from Fauna Street north to its
terminus
Thursday
7:00 a.m. to 2:00 p.m.
Helena Avenue on the west side between Kingsley
and Bandera Streets
Monday
7:00 a.m. to 2:00 p.m.
Helena Avenue on the east side between Kingsley
and Bandera Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Helena Avenue between Bandera and Manzanita
Streets
Monday
7:00 a.m. to 2:00 p.m.
Highland Street between Ramona and Helena
Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
Highland Street between Lindero and Geneva
Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
Highland Street from Surrey Avenue east to its
terminus
Tuesday
9:00 a.m. to 12:00 p.m.
Holt Boulevard on the south side between Central
and Rose Avenues
No Parking at any time
5033 Holt Boulevard on the south side No Parking at any time MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 80 of 101 Resolution No. 26–3542 Page 12 of 23
Street Hours Parking Restricted
Holt Boulevard on the north side from Ramona
Avenue to a point 650 feet east of Ramona
Avenue
Monday
7:00 a.m. to 2:00 p.m.
Holt Boulevard on the north side from 4370 Holt
Boulevard west to Amherst Avenue
Monday
7:00 a.m. to 2:00 p.m.
Holt Boulevard on the north side West from
Ramona Avenue to Amherst Avenue
2–hour parking
No Parking 2:00 a.m. to 6:00 a.m.
Howard Elementary School
4650 Howard Street
School bus loading zone
Howard Street on the north side between Wesley
and Essex Avenues
Monday
7:00 a.m. to 2:00 p.m.
Howard Street on the south side between College
Avenue to a point 440 feet east
No stopping
School bus loading zone
Howard Street between Essex and Ramona
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Howard Street between Monte Vista and Central
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Howard Street on the north side from Monte Vista
Avenue to a point 200 feet west of Stagecoach
Avenue
Monday
7:00 a.m. to 2:00 p.m.
Howard Street on the south side between Pipeline
and College Avenues
Monday
7:00 a.m. to 2:00 p.m.
Howard Street on the north side from Ramona
Avenue east to 4580 Howard Street
Monday
7:00 a.m. to 2:00 p.m.
Howard Street on the south side from Ramona
Avenue east to 4695 Howard Street
Monday
7:00 a.m. to 2:00 p.m.
Huntington Drive on the south side from
Claremont Boulevard east to its terminus
Tuesday
7:00 a.m. to 2:00 p.m.
James Place from Camulos Avenue east to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Kimberly Avenue from Clair Street north to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Kimberly Avenue between Fauna and Kingsley
Streets
Monday
7:00 a.m. to 2:00 p.m.
Kimberly Avenue from Howard Street north to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Kimberly Avenue west side between Kingsley and
Bandera Streets
Monday
7:00 a.m. to 2:00 p.m.
Kimberly Avenue east side between Kingsley and
Bandera Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Kimberly Avenue from Brooks Street south to its
terminus
No parking
2:00 a.m. to 6:00 a.m.
Kimberly Avenue between Mane and Merle Streets Monday
7:00 a.m. to 2:00 p.m.
Kimberly Avenue between San Bernardino and
Berkeley Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Kingsley Street on the north side between Mills
and Ramona Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Kingsley Street on the south side between Mills
and Ramona Avenues
Monday
7:00 a.m. to 2:00 p.m.
Kingsley Street on the north side between
Ramona and Felipe Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 81 of 101 Resolution No. 26–3542 Page 13 of 23
Street Hours Parking Restricted
Kingsley Street on the north side between Felipe
and Monte Vista Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Kingsley Street on the south side between
Ramona and Monte Vista Avenues
Monday
7:00 a.m. to 2:00 p.m.
Kingsley Street on the south side between
Ramona Avenue and 20 feet east
Disabled parking
Kingsley Street on the north side between Monte
Vista and Central Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Kingsley Street on the south side between Monte
Vista and Central Avenues
Monday
7:00 a.m. to 2:00 p.m.
Kingsley Street on the north side between Central
and Benson Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Kingsley Street on the south side between Central
and Benson Avenues
Monday
7:00 a.m. to 2:00 p.m.
Kingsley Elementary School
5625 Kingsley Street
School bus loading zone
Monday through Friday
6:30 a.m. to 8:30 a.m.
La Deney Street north side between Pradera and
Ramona Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
La Deney Street south side between Pradera and
Ramona Avenues
Thursday
7:00 a.m. to 2:00 p.m.
La Deney Street between Ramona and Camulos
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
La Deney Street from Felipe Avenue west to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
La Deney Street from Rose Avenue to its terminus
east of Columbine Avenue
Tuesday
7:00 a.m. to 2:00 p.m.
La Deney Street between Vernon and Del Mar
Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
Lehigh Avenue on the west side between 10404
and 10444 Lehigh Avenue
Permit parking only
Lehigh Avenue on the east side between 10421
and 10445 Lehigh Avenue
Permit parking only
Lehigh Avenue from Kimberley Avenue north to
its terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Lehigh Avenue between Fauna and Kingsley
Streets
Monday
7:00 a.m. to 2:00 p.m.
Lehigh Avenue west side between Kingsley Street
and Bandera Streets
Monday
7:00 a.m. to 2:00 p.m.
Lehigh Avenue west side from Bandera Street
south to its terminus
Monday
7:00 a.m. to 2:00 p.m.
Lehigh Avenue east side between Kingsley and
Bandera Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Lehigh Avenue east side from Bandera Street
south to its terminus
Tuesday
7:00 a.m. to 2:00 p.m.
Lindero Avenue between Olive and Moreno
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Lindero Avenue between Rosewood and Benito
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Lindero Avenue between Benito and Orchard
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Magnolia Avenue between Arrow Highway and
Cypress Street
Tuesday
7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 82 of 101 Resolution No. 26–3542 Page 14 of 23
Street Hours Parking Restricted
Mane Street between Monte Vista and Stallion
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Mane Street from Ramona Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Mane Street between San Pasqual and Kimberly
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Mane Street from Stagecoach Avenue west to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Manzanita Street between Helena and Tudor
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Manzanita Street between Monte Vista and
Camarena Avenues
Monday
7:00 a.m. to 2:00 p.m.
Marion Avenue between Harvard and Palo Verde
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Marion Avenue between El Morado and Orchard
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Marion Avenue between Kingsley and Bandera
Streets
Monday
7:00 a.m. to 2:00 p.m.
Marion Avenue between Orchard and Kingsley
Streets
Monday
7:00 a.m. to 2:00 p.m.
Marion Avenue between Saddleback and Clair
Streets
Monday
7:00 a.m. to 2:00 p.m.
Merle Street between Fremont and Central
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Merle Street between Fremont and Poulsen
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Merle Street between San Pasqual and Ramona
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Mills on the east side between Moreno and San
Jose Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Mills Avenue on the east side between San Jose
and the I–10 freeway
Wednesday
7:00 a.m. to 2:00 p.m.
Mills Avenue on the east side between 9575 and
9595 Mills Avenue
No Stopping at any time
Mills Avenue on the east side between Palo Verde
and San Bernardino Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Mills Avenue on the west side between San
Bernardino Street north to American Avenue
No Stopping at any time
Mills Avenue on the east side between San
Bernardino and Benito Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Mills Avenue on the east side between Benito and
Orchard Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Mills Avenue on the east side between Orchard
and Kingsley Streets
Monday
7:00 a.m. to 2:00 p.m.
Mills Avenue on the east side between Kingsley
Street and Holt Boulevard
Monday
7:00 a.m. to 2:00 p.m.
Mills Avenue on the east and west side from Holt
Boulevard south to the end of the cul–de–sac
10:00 p.m. to 5:00 a.m.
4780 Mission Boulevard 2–hour parking
4762 Mission Boulevard 2–hour parking
4923 Mission Boulevard No Parking at any time
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 83 of 101 Resolution No. 26–3542 Page 15 of 23
Street Hours Parking Restricted
5111 Mission Boulevard 2–hour parking
5141 Mission Boulevard 2–hour parking
Mission Boulevard on the north side from Ada
Street west to 5138 Mission Boulevard
No stopping any time
Mission Boulevard on the south side from Central
Avenue west to 5141 Mission Boulevard
No stopping any time
Mission Boulevard on the north side from
Fremont Avenue east through 5138 Mission
Boulevard
2–hour parking
Mission Boulevard on the north side between
Fremont and Monte Vista Avenues
No Parking at any time
Mission Boulevard on the south side from 4925
Mission Boulevard to Fremont Avenue
2–hour parking
Mission Boulevard on the north side from Monte
Vista Avenue west through 4790 Mission
Boulevard
No Parking at any time
Mission Boulevard on the north side between
Pipeline and Silicon Avenues
2–hour parking
Mission Boulevard on the north side from Pipeline
Avenue to the west City limit
No Parking at any time
Mission Boulevard on the north side from Ramona
Avenue east to 4762 Mission Boulevard
No Parking at any time
Mission Boulevard on the north side from Ramona
Avenue to 4284 Mission Boulevard
No Parking at any time
Mission Boulevard on the south side between
Ramona and Monte Vista Avenues
No Parking at any time
Mission Boulevard on the north side from Silicon
Avenue east through 4284 Mission Boulevard
2–hour parking
Mission Boulevard on the south side between the
west City limit and Ramona Avenue
No Parking at any time
Monte Verde Street between Ada and Poulsen
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Monte Verde Street from Buckskin Avenue west to
its terminus
Monday
7:00 a.m. to 2:00 p.m.
Monte Vista Avenue from Arrow Highway to a
point 150 feet north of Richton Street
No Parking at any time
Monte Vista Avenue between Bandera Street and
Holt Boulevard
No Parking at any time
Monte Vista Avenue from Benito Street to a point
220 feet north of Benito Street
Monday through Friday
7:00 a.m. to 6:00 p.m.
Monte Vista Avenue between Benito and Orchard
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Monte Vista Avenue on the west side from
Harvard Street to a point 300 feet north
Wednesday
7:00 a.m. 2:00 p.m.
Monte Vista Avenue on the east side from Mission
Boulevard to a point 77 feet south of Carlton
Street
No stopping any time
Monte Vista Avenue on the west side between,
Mane Street and Howard Street
Monday
7:00 a.m. to 2:00 p.m.
Monte Vista Avenue on the west side between
Mission Boulevard and Mane Street
No stopping any time
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 84 of 101 Resolution No. 26–3542 Page 16 of 23
Street Hours Parking Restricted
Monte Vista Avenue on the east side from a point
77 feet south of Carlton Street to a point 110 feet
south of Grand Avenue
Monday
7:00 a.m. to 2:00 p.m.
Monte Vista Avenue on the east side between
Moreno Street and Arrow Highway
No Stopping any time
Monte Vista Avenue between Moreno Street and
the I–10 Freeway
No stopping any time
Monte Vista Avenue on the west side from
Moreno Street to a point 100 feet north of Olive
Street
Tuesday
7:00 a.m. to 2:00 p.m.
Monte Vista Avenue on the east side between
Orchard and Kingsley Streets
Monday
7:00 a.m. to 2:00 p.m.
Monte Vista Avenue on the west side between
Orchard and Kingsley Streets
Thursday
7:00 a.m. to 2:00 p.m.
Monte Vista Avenue on the east side from
Orchard Street to a point 400 feet north
No Stopping at any time
Monte Vista Avenue on the east side between San
Bernardino and Benito Streets
Thursday
7:00 a.m. to 2:00 p.m.
Monte Vista Avenue on the west side between San
Bernardino and Benito Streets
Wednesday
7:00 a.m. 2:00 p.m.
Monte Vista Avenue west side between
State Street and Mission Boulevard
No Parking at any time
Monte Vista Avenue east side from Mission
Boulevard to a point 375 feet north
No Parking at any time
Moreno Street between Mills Avenue and the San
Antonio Channel
Tuesday
7:00 a.m. to 2:00 p.m.
Moreno Street on the north side from Monte Vista
Avenue to a point 100 feet west of Surrey Avenue
Tuesday
9:00 a.m. to 12:00 p.m.
Moreno Street on the north side between Lindero
and Monte Vista Avenues
No Parking at any time
Moreno Street on the north side between Fremont
Avenue to a point 100 feet west of Lindero
Avenue
Tuesday
7:00 a.m. to 2:00 p.m.
Moreno Street on the north side between Fremont
and Central Avenues
No Stopping any time
Moreno Street on the south side between Monte
Vista and Central Avenues
No Parking at any time
Moreno Street on the north side from Del Mar
Avenue to a point 300 feet east of Vernon Avenue
Tuesday
7:00 a.m. to 2:00 p.m.
Norton Avenue between Alamitos and Benito
Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Oak Glen Avenue between Fauna and Evart Streets Monday
7:00 a.m. to 2:00 p.m.
Oak Glen Avenue from Holt Boulevard south to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Oakdale Street from Ramona Avenue to its
terminus east of Felipe Avenue
Tuesday
7:00 a.m. 2:00 p.m.
Olive Street between Ramona and Helena Avenues Tuesday
7:00 a.m. 2:00 p.m.
Olive Street between Surrey and Monte Vista
Avenues
Tuesday
9:00 a.m. 12:00 p.m.
Olive Street from Fremont Avenue west to its
terminus
No Parking at any time
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 85 of 101 Resolution No. 26–3542 Page 17 of 23
Street Hours Parking Restricted
Olive Street from Monte Vista Avenue East to its
terminus
Tuesday
7:00 a.m. 2:00 p.m.
Olive Street between Central and Vernon Avenues Tuesday 7:00 a.m. 2:00 p.m.
Orchard Street on the north side between Mills
and Ramona Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Orchard Street on the south side between Mills
and Ramona Avenues
Monday
7:00 a.m. to 2:00 p.m.
Orchard Street on the south side fronting Sunset
Park
2–hour parking
Orchard Street on the north side between Ramona
and Camulos Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Orchard Street on the south side between
Ramona and Felipe Avenues
Monday
7:00 a.m. to 2:00 p.m.
Orchard Street on the north side from Monte Vista
Avenue to a point 120 feet west of Tudor Avenue
Thursday
7:00 a.m. to 2:00 p.m.
Orchard Street on the south side between Tudor
and Monte Vista Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Orchard Street on the north side from Fremont
Avenue to a point 100 feet west of Lindero
Avenue
Thursday
7:00 a.m. to 2:00 p.m.
Orchard Street on the north side between
Fremont to Central Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Orchard Street on the south side between Geneva
and Monte Vista Avenues
7:00 a.m. to 4:00 p.m.
during school sessions except by permit
Orchard Street on the south side between Monte
Vista and Central Avenues
Monday
7:00 a.m. to 2:00 p.m.
Orchard Street on the north side between Central
and Vernon Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Orchard Street on the north side between Vernon
and Bel Air Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Orchard Street on the north side between Bel Air
and Benson Avenues
Monday
7:00 a.m. 2:00 p.m.
Orchard Street on the south side between Central
and Benson Avenues
Monday
7:00 a.m. to 2:00 p.m.
Palo Verde Street on the north side from Central
Avenue to a point of 210 feet west
No Parking at any time
Palo Verde Street on the north side from Mills
Avenue to a point 470 feet east
No Parking at any time
Palo Verde Street between Central and Benson
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Pipeline Avenue on the east side from Howard
Street south to 11171 Pipeline Avenue
Monday
7:00 a.m. to 2:00 p.m.
Poulsen Avenue between Benito and Orchard
Street
Thursday
7:00 a.m. to 2:00 p.m.
Poulsen Avenue between Clair and Howard Streets Monday
7:00 a.m. to 2:00 p.m.
Poulsen Avenue between Clair and Monte Verde
Streets
Monday
7:00 a.m. to 2:00 p.m.
Poulsen Avenue between Merle and Howard
Streets
Monday
7:00 a.m. to 2:00 p.m.
Poulsen Avenue between Orchard and Kingsley
Streets
Monday
7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 86 of 101 Resolution No. 26–3542 Page 18 of 23
Street Hours Parking Restricted
Poulsen Avenue between Yale and Harvard Streets Tuesday 7:00 a.m. 2:00 p.m.
Pradera Avenue west side between La Deney and
Bonnie Brae Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Pradera Avenue east side between La Deney and
Bonnie Brae Streets
Thursday
7:00 a.m. to 2:00 p.m.
Pradera Avenue from San Bernardino Court north
to its terminus north of Cambridge Street
Wednesday
7:00 a.m. to 2:00 p.m.
Pradera Avenue between Berkeley and Benito
Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Pradera Avenue between Benito and Orchard
Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Pradera Avenue between Orchard and Fauna
Streets
Monday
7:00 a.m. to 2:00 p.m.
Pradera Avenue between Flora and Evart Streets Monday
7:00 a.m. to 2:00 p.m.
Pradera Avenue between Evart and Kingsley
Streets
Monday
7:00 a.m. to 2:00 p.m.
Pradera Avenue west side from Kingsley Street
south to its terminus
Monday
7:00 a.m. to 2:00 p.m.
Pradera Avenue east side from Kingsley Street
south to its terminus
Tuesday
7:00 a.m. to 2:00 p.m.
Princeton Street between Pradera and Ramona
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Princeton Street between Surrey and Monte Vista
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Princeton Street between Exeter and Vernon
Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
Princeton Street from Bel Air east to its terminus Tuesday 7:00 a.m. to 2:00 p.m.
Ramona Avenue on the west side from Howard
Street to a point 265 feet north of Merle Street
No stopping any time
Ramona Avenue on the east side from Oakdale
Street north to its terminus
Tuesday
7:00 a.m. to 2:00 p.m.
Ramona Avenue between Olive and Moreno
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Ramona Avenue between Moreno and San Jose
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Ramona Avenue east side between San Jose and
Bonnie Brae Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Ramona Avenue west side between La Deney and
Bonnie Brae Streets
Thursday
7:00 a.m. to 2:00 p.m.
Ramona Avenue west side between La Deney and
San Jose Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Ramona Avenue between Palo Verde and San
Bernardino Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Ramona Avenue between San Bernardino and
Benito Streets
Wednesday
7:00 a.m. 2:00 p.m.
Ramona Avenue on the east side between Benito
and Orchard Streets
Wednesday
7:00 a.m. to 2:00 p.m.
Ramona Avenue between Orchard and Kingsley
Streets
Monday
7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 87 of 101 Resolution No. 26–3542 Page 19 of 23
Street Hours Parking Restricted
Ramona Avenue on the west side between
Kingsley Street and Holt Boulevard
Monday
7:00 a.m. to 2:00 p.m.
Ramona Avenue on the east side between
Kingsley Street and Holt Boulevard
Tuesday
7:00 a.m. to 2:00 p.m.
Ramona Avenue between Holt Boulevard and
Brooks Street
No stopping any time
Ramona Avenue between Holt and Mission
Boulevards
No Parking at any time
Ramona Avenue on the west side from Mission
Boulevard to a point 295 feet south
No Parking at any time
Ramona Avenue on the west side between Grand
Avenue and Howard Street
No stopping any time
Ramona Avenue on the east side between Mission
and Phillips Boulevards
No stopping any time
Rawhide Street from Buckskin Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Rawhide Street from Stallion Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Rawhide Street from Stallion Avenue west to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Richton Street between Monte Vista and Central
Avenues
No stopping any time
Rodeo Street between Fremont and Whitewater
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Rodeo Street from San Pasqual Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Rodeo Street from Shetland Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Rodeo Street from Stagecoach Avenue east to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Rodeo Street from Wesley Avenue west to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Rose Avenue between San Jose and Palo Verde
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Rose Avenue between San Bernardino and Benito
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Rose Avenue between Benito and Orchard Streets Thursday 7:00 a.m. to 2:00 p.m.
Rose Avenue between Flora and Kingsley Streets Monday
7:00 a.m. to 2:00 p.m.
Rose Avenue between Holt Boulevard and Brooks
Street
Daily
9:00 p.m. to 7:00 a.m.
Rosewood Street between San Bernardino Street
west to its terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Rosewood Street between Helena and Camulos
Avenues
Wednesday
7:00 a.m. 2:00 p.m.
Rosewood Street between Bolton and Monte Vista
Avenues
Wednesday
7:00 a.m. 2:00 p.m.
Rosewood Street between Fremont and Monte
Vista Avenues
Thursday
7:00 a.m. 2:00 p.m.
Rosewood Street between Monte Vista and
Ramona Avenues
7:00 a.m. to 4:00 p.m. during school sessions,
except by permit
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 88 of 101 Resolution No. 26–3542 Page 20 of 23
Street Hours Parking Restricted
Rosewood Street between Rose and Vernon
Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Rudisill Street between Mills and Amherst
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
Rudisill Street from Camulos Avenue west to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Rudisill Street from Camulos Avenue west to its
terminus
7:00 a.m. to 2:00 p.m. during school sessions
except by permit
Rudisill Street between Lindero and Geneva
Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Rudisill Street between Rose and Columbine
Avenues
Thursday
7:00 a.m. to 2:00 p.m.
Saddleback Street between Fremont and Carrillo
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Saddleback Street between Fremont and
Whitewater Avenues
Monday
7:00 a.m. to 2:00 p.m.
Saddleback Street between Poulsen and Central
Avenues
Monday
7:00 a.m. to 2:00 p.m.
Saddleback Street between Coalinga and
Camarena Avenues
Monday
7:00 a.m. to 2:00 p.m.
Saddleback Street between Ramona and Carriage
Avenues
Monday
7:00 a.m. to 2:00 p.m.
San Bernardino Court between San Bernardino
Street and Mills Avenue
Wednesday
7:00 a.m. to 2:00 p.m.
San Bernardino Street between Mills and Ramona
Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
San Bernardino Street on the north side from San
Bernardino Court to a point 400 feet east of Mills
Avenue
No Parking at any time
San Bernardino Street on the north side from
Helena Avenue to a point 300 feet west
Wednesday
7:00 a.m. to 2:00 p.m.
San Bernardino Street on the north side between
Helena and Monte Vista Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
San Bernardino Street on the south side between
Ramona Avenue and the San Antonio Channel
Wednesday
7:00 a.m. to 2:00 p.m.
San Bernardino Street on the south side between
Helena and Monte Vista Avenues
Thursday
7:00 a.m. to 2:00 p.m.
San Bernardino Street on the north side between
Fremont and Central Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
San Bernardino Street on the south side between
Fremont and Central Avenues
Thursday
7:00 a.m. to 2:00 p.m.
San Bernardino Street between Monte Vista and
Fremont Avenues
No parking at any time
San Bernardino Street on the north side between
Central and Benson Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
San Bernardino Street on the south side between
Central and Vernon Avenues
Thursday
7:00 a.m. to 2:00 p.m.
San Bernardino Street on the south side from
Benson Avenue to a point 845 feet west
No parking tow away zone
Monday through Friday
12:00 p.m. to 3:00 p.m.
San Jose Street on the north side between Mills
and Monte Vista Avenues
Tuesday
7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 89 of 101 Resolution No. 26–3542 Page 21 of 23
Street Hours Parking Restricted
San Jose Street on the south side between Mills
and Monte Vista Avenues
Wednesday
7:00 a.m. to 2:00 p.m.
San Jose Street on the south side from Monte
Vista Avenue to a point 400 feet west
No Parking at any time
San Jose Street on the south side from a point
465 foot east to a point 620 feet east of the San
Antonio Channel
School bus loading zone
San Jose Street from Benson Avenue to its
terminus west of Rose Avenue
Tuesday
7:00 a.m. to 2:00 p.m.
San Pasqual Avenue from Howard Street north to
its terminus
Monday
7:00 a.m. to 2:00 p.m.
San Pasqual Avenue between Howard and Clair
Streets
Monday
7:00 a.m. to 2:00 p.m.
San Pasqual Avenue between Mane and Merle
Streets
Monday
7:00 a.m. to 2:00 p.m.
Santa Anita Avenue from Berkeley Street north to
its terminus
Thursday
7:00 a.m. to 2:00 p.m.
Santa Anita Avenue between Benito and Denver
Streets
Monday
7:00 a.m. to 2:00 p.m.
Santa Anita Avenue from Orchard Street north to
its terminus
Monday
7:00 a.m. to 2:00 p.m.
Santa Anita Avenue between Orchard and
Kingsley Streets
Monday
7:00 a.m. to 2:00 p.m.
Saratoga Avenue between Alamitos and Berkeley
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Saratoga Avenue between Fauna and Kingsley
Streets
Monday
7:00 a.m. to 2:00 p.m.
Shetland Avenue from Howard Street north to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Shetland Avenue from Mane Street north to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Shetland Avenue from Saddleback Street north to
its terminus
Monday
7:00 a.m. to 2:00 p.m.
Shirley Lane from Vernon Avenue west to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Stagecoach Avenue between Howard and Mane
Streets
Monday
7:00 a.m. to 2:00 p.m.
Stallion Avenue between Mane and Rodeo Streets Monday
7:00 a.m. to 2:00 p.m.
Stallion Avenue between Rawhide Street and
Mission Boulevard
Monday
7:00 a.m. to 2:00 p.m.
State Street on the south side between Ramona
Avenue to a point 230 feet west
No Stopping at any time
State Street south side from Silicon Avenue
west 35 feet
No Parking at any time
7:00 a.m. to 2:00 p.m.
State Street on the south side from Greenwood
Avenue to a point 330 feet west
No Parking at any time
Station Avenue north of Arrow Highway and
south of the Metrolink tracks
2–hour parking
Surrey Avenue between Olive and Moreno Streets Tuesday
9:00 a.m. to 12:00 p.m.
Surrey Avenue from Harvard Street north to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 90 of 101 Resolution No. 26–3542 Page 22 of 23
Street Hours Parking Restricted
Surrey Avenue between Rosewood and Berkeley
Streets
Wednesday
7:00 a.m. 2:00 p.m.
Surrey Avenue between Rosewood and Berkeley
Streets
7:00 a.m. to 4:00 p.m. during school sessions,
except by permit
Surrey Avenue between Yale and Princeton Streets Wednesday 7:00 a.m. to 2:00 p.m.
Sycamore Avenue between Olive and Moreno
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Third Street between Silicon Avenue and Ramona
Avenue
No overnight parking
10:00 p.m. to 5:00 a.m.
Tudor Avenue from Harvard Street north to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Tudor Avenue between Rosewood and Berkeley
Streets
Wednesday
7:00 a.m. 2:00 p.m.
Tudor Avenue between Rosewood and Berkeley
Streets
7:00 a.m. to 4:00 p.m. during school sessions,
except by permit
Tudor Avenue between El Morado and Orchard
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Tudor Avenue between Orchard and Kingsley
Streets
Thursday
7:00 a.m. to 2:00 p.m.
Tudor Avenue between Bandera and Manzanita
Streets
Monday
7:00 a.m. to 2:00 p.m.
Vernon Avenue from Deodar Street north to its
terminus
Tuesday
7:00 a.m. to 2:00 p.m.
Vernon Avenue between San Jose and Palo Verde
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Vernon Avenue between Palo Verde and Princeton
Streets
Tuesday
7:00 a.m. to 2:00 p.m.
Vernon Avenue on the east side from Benito
Street north to 9775 Vernon Avenue
Thursday
7:00 a.m. to 2:00 p.m.
Vernon Avenue on the west side between Benito
and Orchard Streets
Thursday
7:00 a.m. to 2:00 p.m.
Vernon Avenue on the east side from a point 320
feet to 550 feet south of San Bernardino Street
Loading zone only
Vernon Avenue between Orchard and Kingsley
Streets
Monday
7:00 a.m. to 2:00 p.m.
Vernon Avenue between Kingsley Street and Holt
Boulevard
Monday
7:00 a.m. to 2:00 p.m.
Vernon Avenue between Holt Boulevard and
Brooks Street
Daily
9:00 p.m. to 7:00 a.m.
Wesley Avenue between Rodeo and Howard
Streets
Monday
7:00 a.m. to 2:00 p.m.
Whitewater Avenue from Grand Avenue north to
its terminus
Monday
7:00 a.m. to 2:00 p.m.
Whitewater Avenue from Rodeo Street north to its
terminus
Monday
7:00 a.m. to 2:00 p.m.
Whitewater Avenue between Saddleback and Clair
Streets
Monday
7:00 a.m. to 2:00 p.m.
Yale Street from Surrey Avenue east to its
terminus
Wednesday
7:00 a.m. to 2:00 p.m.
Yale Street between Carrillo and Poulsen Avenues Tuesday 7:00 a.m. 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 91 of 101 Resolution No. 26–3542 Page 23 of 23
Street Hours Parking Restricted
Yale Street from Del Mar Avenue to its terminus
west of Vernon Avenue
Tuesday
7:00 a.m. to 2:00 p.m.
APPROVED AND ADOPTED this XX day of XX, 20XX.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3542 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the X day of XX, 20XX, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 92 of 101 Personnel Committee Minutes – October 5, 2026 Page 1 of 1
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
OCTOBER 5, 2026, AT 6:26 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Martinez called the meeting to order at 6:26 p.m.
II. ROLL CALL
Present: Mayor Pro Tem Martinez, Council Member Ruh, City Manager Starr, Assistant City Manager/Director of
Human Services Richter, and Human Resources Manager
Ghobrial
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of September 8, 2026.
Moved by Council Member Ruh, seconded by Mayor Pro Tem
Martinez, and carried unanimously to approve the minutes of the Personnel Committee meeting on September 8, 2026.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:27 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 6:39 p.m., the Personnel Committee returned from Closed Session.
Mayor Pro Tem Martinez stated that no announcements would be made at this time.
VI. ADJOURNMENT
At 6:39 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 93 of 101
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 20, 2026 Page 1 of 8
MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR
CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING
CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY
COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, JULY 20, 2026, AT 7:01 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET, MONTCLAIR,
CALIFORNIA
I. CALL TO ORDER
Mayor/Chair Dutrey called the meeting to order at 7:01 p.m.
II. INVOCATION
Montclair Fire Department Chaplain Jimmy Crowell gave the invocation.
III. PLEDGE OF ALLEGIANCE
Council Member/Director Lopez led the meeting participants in the Pledge.
IV. ROLL CALL
Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Martinez; Council Members/Directors Ruh, Lopez, and Mendez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Executive Director of Engineering/Major Projects Manager Hoerning; Fire Chief Dierck; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Southern California Edison Circuit Reliability Review Mark Cloud, Government Affairs Manager, delivered a presentation on the 2025 Circuit Reliability Review for Montclair, highlighting areas with minimal power outages, recommending that the City report or contact Southern California Edison if they encounter any issues.
VI. PUBLIC COMMENT
Jazmine Munoz Cuevas, District Representative, Office of Senator Susan Rubio, introduced herself as the newly appointed District Representative and encouraged the City Council and staff to contact Senator Rubio's office whenever assistance is needed.
Bill Kaufman requested an update on the City’s cannabis ordinance.
City Manager Starr responded that staff is working on revisions to the zoning map based on earlier City Council and Planning Commission feedback at the workshop, and should come back for consideration in a few months.
Dale Roberts acknowledged Sergeant Javier Aguilar for his outstanding service in thoroughly reviewing his complaints about illegal parking; although the outcome differed from his expectations.
He also expressed appreciation for the upcoming parking restriction signage on State Street.
VII. PUBLIC HEARINGS — None
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 94 of 101
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 20, 2026 Page 2 of 8 VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
DISCUSSION Item C–2, C–3, D–1, D–3
MOTION: Approve the Consent Calendar, as presented.
MADE BY:
SECOND BY:
Council Member/Director Ruh
Council Member/Director Lopez
AYES:
NOES:
ABSTAIN:
ABSENT:
Mendez, Lopez, Ruh, Martinez, Dutrey
None
None
None
RESULT: Motion carried 5–0.
A. Approval of Minutes
1. Special Meeting — June 1, 2026
ACTION – Consent Calendar – Item A–1
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.
Administrative Reports
1. Consider Receiving and Filing of Treasurer’s Report – May 2026
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Consider Approval and Ratification of Warrant Register & Payroll Documentation
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
3. Consider Receiving and Filing SA Treasurer’s Report – May 2026
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 95 of 101
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 20, 2026 Page 3 of 8
4. Consider Approval of SA Warrant Register – May 2026
ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
5. Consider Receiving and Filing MHC Treasurer’s Report – May 2026
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
6. Consider Approval of MHC Warrant Register – May 2026 ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
7. Consider Receiving and Filing of MHA Treasurer’s Report – May 2026
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.
8. Consider Approval of MHA Warrant Register – May 2026 ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.
C. Agreements
1. Consider Approval of Agreement No. 26–43 with the San Bernardino County Department of Behavioral Health to Co– Locate Dedicated Office Space Within the Montclair Police Station to Provide Triage, Engagement, and Support Teams Services to the Community
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.
2. Consider Approval of Agreement No. 26–44 with Kosmont & Associates, Inc. for Economic Development Advisory Services, Subject to Any Revisions Deemed Necessary by the City
Attorney
Consider Authorizing Economic Development Agency Director Mikey Fuentes to Execute Agreement No. 26–44
Council Member Lopez asked if the firm had previous City contracts with the City, what projects are within the scope, and. whether the study would cover North Montclair and transit– oriented development. He also raised concerns about contract language regarding costs for City Council presentations MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 96 of 101
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 20, 2026 Page 4 of 8 City Manager Starr explained that Kosmont had not previously been retained by the City, but had expressed interest in working with Montclair for several years. He noted the study would primarily focus on economic development opportunities in northern Montclair, with the final scope to be developed collaboratively. He further explained that only one presentation to the City Council is anticipated and that any expansion of services requiring presentations at additional meetings would remain subject to the contract’s not–to–exceed amount.
Mayor Dutrey cited prior professional experience working with the firm, noting it employes experienced economic development professionals and retired city managers whose expertise would be beneficial to Montclair's future economic development efforts.
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.
3. Consider Approval of Agreement No. 26–45 with Liebert Cassidy Whitmore (LCW) for Participation in the East Inland Empire Employment Relations Consortium (ERC) and Premium Liebert Library Subscription
Council Member Lopez asked how the training is structured and what topics are typically offered.
Assistant City Manager/Human Services Director Richter stated that the City has flexibility in scheduling staff to attend the training sessions, which are mainly virtual with two in–person sessions a year, and topics cater to employment laws, supervisor duties, and various human resources topics.
City Manager Starr added that training topics are selected collectively by participating agencies within the consortium, with member cities voting annually on desired subjects; therefore, Montclair participates in the selection process but does not solely determine the final training schedule.
Council Member Mendez shared a positive personal experience attending LCW training programs during his employment.
Council Member Ruh questioned why Montclair participates in the "East” Inland Empire ERC despite being in the western region.
City Manager Starr noted the western ERC caters to agencies in Los Angeles and Orange counties, and their in–person training sessions take place closer to Los Angeles.
ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.
4. Consider Ratification of Agreement No. 26–46, a Data Exchange Framework and Data–Sharing Agreement with the
California Health and Human Services Agency for
Coordination of Emergency Medical Services in Compliance with Assembly Bill 133
Consider Authorizing City Manager Edward C. Starr to
Execute Future Related Documents
ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 97 of 101
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 20, 2026 Page 5 of 8 D. Resolutions
1. Consider Adoption of Resolution No. 26–3525 Authorizing Placement of Assessments on Certain Properties for
Delinquent Sewer and Trash Accounts
Council Member Lopez asked if the City offers programs to assist residents facing temporary financial hardships, such as payment plans or installment options to prevent property liens.
City Manager Starr stated that there is no financial hardship assistance program, but noted that the newly authorized Montclair Community Partnership Support Fund, which is being developed, may serve as such in the future.
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.
2. Consider Accepting a Written Petition from the Montclair Station Apartments LLC Requesting the Formation of a
Community Facilities District
Consider Adoption of Resolution No. 26–3526 Declaring the City’s Intent to Form CFD No. 2026–2 (Montclair Station), Setting a Public Hearing for the Establishment of CFD No. 2026–2 on September 8, 2026, at 7:00 p.m. in the City Council Chambers, and Taking Other Actions Related Thereto
Consider Approving the Boundary Map of Proposed
CFD No. 2026–02
ACTION – Consent Calendar – Item D–2
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.
3. Consider Authorizing the Reallocation of the Existing $1,200,000 in Funds Provided by San Bernardino County
Under Agreement No. 24–90 for the Purchase of an
Emergency Vehicle Fire Apparatus Ladder Truck to the
Acquisitions of Public Safety Radios for the Montclair Police Department and Code Enforcement Division
Consider Adoption of Resolution No. 26–3527 Authorizing the City Manager to Execute Agreement No. 26–47 with San Bernardino County to Provide Reimbursement Funding for
Acquisition of Public Safety Radios, Subject to Any Revisions Deemed Necessary by the City Attorney
Council Member Mendez asked how long the City has to spend these grant funds, whether those previously allocated for a ladder truck can be redirected to police and code enforcement radios, and if congressional funds obtained through Congresswoman Norma Torres could be reallocated.
City Manager Starr explained that most grants must be spent within two to five years, although some federal grants have longer deadlines. Staff is seeking approval to reallocate funds due to potential annexation of fire services with the County, which may render the ladder truck purchase unnecessary.
Council Member Lopez requested an updated on the new engine that has been backordered.
Fire Chief Dierck reported that delivery remains anticipated during the third quarter of the year, with arrival expected around September or October.
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 98 of 101
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 20, 2026 Page 6 of 8 Council Member Lopez asked why the proposed radio
purchases is only for police and code enforcement.
City Manager Starr explained that although the funding was originally intended for Fire Department equipment, the City is seeking flexibility to redirect funds if fire annexation occurs.
ACTION – Consent Calendar – Item D–3
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.
4. Consider Adoption of Resolution No. 26–3528 Recommending that Census Tract 06071000201 (North Montclair) be Nominated by the Governor of California and Designated by the U.S. Department of Treasury as a Qualified
Opportunity Zone Under the Opportunity Zones 2.0 Program Consider Authorizing City Manager Edward C. Starr or
Designee to Prepare and Submit a Local Authority
Recommendation Form, Together with Any Supporting
Materials, to the Governor’s Office of Business and Economic Development
ACTION – Consent Calendar – Item D–4
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.
IX. PULLED CONSENT CALENDAR ITEMS
XI. COMMUNICATIONS
A. Department Reports
1. Police Department — National Night Out
Police Chief Reed invited the community to the Annual National Night Out event on Tuesday, August 3, at Alma Hofman Park from 6:30 to 9:30 p.m.
2. Human Services Department — Upcoming Events
Assistant City Manager/Human Services Director Richter invited the community to the last two summer concert and movie events at Alma Hofman Park on July 28, at 7:00 p.m. featuring Mariachi Tierra Mia, and on August 4, at 7:45 p.m. featuring The Little Rascals movie; and announced the Montclair After School Program enrollment period for free after–school childcare at Buena Vista, Elderberry, Kingsley, Lehigh, Monte Vista, and Ramona Elementary Schools, and at Vernon Middle School.
B. City Attorney
City Attorney Robbins rescinded her request for the City Council to meet in closed session to discuss the following matters:
1. Regarding Potential Litigation (One Potential Case) – Gov. Code §54956.9(d)(2)
2. Regarding Potential Litigation (One Potential Case) – Gov. Code §54956.9(d)(4)
She requested the City Council meet in closed session to discuss the following matters as listed on the agenda:
1. Regarding Potential Litigation (One Potential Case) – Gov. Code §54956.9(d)(2)
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 99 of 101
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 20, 2026 Page 7 of 8
3. Regarding Pending Litigation – Gov. Code §54956(d)(1) Chism v. Montclair
Fuentes/Garcia v. Lopez, City of Montclair
Ibanez v. Montclair
McDaniel v. Montclair
Montclair v. San Bernardino County Transportation Authority
4. Regarding Conference with Designated Labor Negotiator Edward C. Starr – Government Code §54957.6
Agency: City of Montclair
Employee Management Employees
Associations: Montclair City Confidential Employees Association Montclair General Employees – Teamsters Local 1932
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director — None
D. Mayor/Chair
Mayor/Chair Dutrey acknowledged Monte Vista Water District (MVWD) Director Tony Lopez in the audience; praised city staff for organizing the recent vendor fair and community concert, and thanked the Police and Fire Departments for their response to the recent power outage that caused traffic signal failures. He also highlighted the Inland Empire Resource Center’s ongoing partnership with Code Enforcement to provide outreach services to the homeless population; commended the Police Department’s Detective Division for arresting a suspect linked to a high–profile armed robbery; and expressed excitement about social media reports of a new L. A. Dodgers retail store opening in the city.
E. Council Members/Directors
1. Council Member/Director Ruh requested an update on the Beacon Economics Study regarding the Gold Line (now known as the A Line) and shared that he recently spoke with Congresswoman Norma Torres, thanking her for her support of the Gold Line’s extension to Montclair. He mentioned the passing of John Anderson, former Director of the Inland Empire Utilities Agency, praising his leadership in regional water projects.
City Manager Starr advised the final report is expected within the next two weeks.
2. Council Member/Director Lopez thanked and welcomed Jazmine Munoz Cuevas with the Office of Senator Rubio; thanked the Police Department for their professional response to the recent fatal high–speed collision at Monte Vista Avenue and Moreno Street; acknowledged the public praise for Sergeant Javier Aguilar; and thanked Mayor Dutrey for recognizing his father’s presence in the audience due to recent his health issues.
3. Council Member/Director Mendez welcomed MVWD Director Lopez; asked if a traffic signal outage at Fremont Avenue and San Bernardino Street had been reported; noted a significant drop in illegal fireworks since the Fourth of July; and thanked Sergeant Javier Aguilar for his outstanding service.
City Manager Starr confirmed the Public Works Department received the report and has addressed it.
F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:
1. Personnel Committee — July 6, 2026
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 100 of 101
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 20, 2026 Page 8 of 8 XI. CLOSED SESSION
At 8:01 p.m., the City Council went into closed session to discuss potential litigation, pending litigation, and labor negotiations.
XII. CLOSED SESSION ANNOUNCEMENT
Council Member Lopez recused himself from closed session at 8:51 p.m.
At 9:02 p.m., the City Council returned from closed session. Mayor Dutrey announced that information was received related to potential litigation, pending litigation, and labor negotiations, and information was given to staff, and no further announcements would be made at this time.
XIII. ADJOURNMENT
At 9:02 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.
Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority
Commission/Montclair Community Foundation Board approval, Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 10/19/2026 Page 101 of 101
CITY OF MONTCLAIR
TREASURE~SREPORT
FOR THE MONTH ENDING
AUGUST 31, 2026
TABLE OF CONTENTS
SCHEDULE 1
STATEMENTS OF COMPLIANCE WITH INVESTMENT POLICY AND INVESTMENT STRATEGY FOR AUGUST 31 , 2026 SCHEDULE 2
STATEMENT OF CASH AND INVESTMENTS BY FUND
SCHEDULE 3
STATEMENT OF CASH AND INVESTMENT ACCOUNTS
GRAPH
CASH AND INVESTMENTS BY TYPE
COMPLIANCE ST AT EM ENT
CITY OF MONTCLAIR
STATEMENTS OF COMPLIANCE WITH THE INVESTMENT POLICY
AND INVESTMENT STRATEGY
AUGUST 31, 2026
The City has the following amount invested in various financial instruments. This conforms with the investment policy approved by the City Council.
Total Investments $ 51,289,052
During the current month the City was in compliance with the internal control procedures set forth in the Investment Policy.
INVESTMENT STRATEGY FOR THE UPCOMING MONTH
SCHEDULE 1
During the upcoming month, surplus moneys will be invested in the Local Agency Investment Fund and other investments authorized in the Investment Policy. The City has sufficient monies available to meet expenditures during the next six month period.
SCHEDULE 2
CITY OF MONTCLAIR
STATEMENT OF CASH AND INVESTMENTS BY FUND
AS OF AUGUST 31, 2026
Beginning lnterfund Ending
Fund Balance Receiets Disbursements Transfers Balance
General Fund $ (10,657,727.06) $ 4,992, 193.19 $ 3,651,776.36 $ 12,826.00 $ (9,304,484.23) (1) Gas Tax Fund 116,390.74 101,160.92 88,388.15 129,163.51 Road Maintenance - Section 2032 4,234,796.02 96,609.71 4,331,405.73 Measure I Fund 9,765,413.24 100,010.03 9,865,423.27
Traffic Safety 373,896.50 373,896.50
Disability Access Fund - Bus. License 75,646.56 824.00 76,470.56 Park Maintenance 5,846.36 3,604.22 8,479.71 970.87
Park Development 1,544,707.06 1,544,707.06
CDBG (54,551.91) 2, 145.79 127,311 .24 (179,717.36) (2) SB2 Planning Grant
Arr Quality Improvement Trust 159,470.04 159,470.04
Senior Nutrition Program (71,317.62) 75,606.88 22,428.07 (18, 138.81) (2) Forfeiture Fund - State 103,912.68 103, 912.68
Proposition 30/SB 109 25,673.42 25,673.42
SB 509 Public Safety (102,179.43) 61,092.00 18,630.23 (59,717.66) Forfeiture Fund-Federal/DOJ 343,570.39 3, 155.04 346,725.43 Asset Seizure Fund 9.01 0.18 9. 19
Sect,on 11489 Subfund 17,662.98 3,946.27 13,716.71
Fed Asset Forfeiture-Treasury 159, 166.30 3,925.81 163,092. 11 School District Grant Fund 262, 182. 50 55,557.50 317,740.00 State Supplemental Law Enforce 0.32 0.32
Local Law Enforcement Block Gr 18.67 18.67
PC 1202.5 Crime Prevention 2,938.93 2,938.93
Recycling Grant Fund 86,251 .63 86,251.63
Statewide Park Dev Grant 251,313.00 251,313.00
Homeless Housing Assist Preven (68,816.96) (68,816.96) (2) LEAP Grant 6, 213.75 6,213.75 (2)
Department of Cannabis Control 17,72 1.82 17,721 .82
COPS Hiring Grant (2)
After School Program Fund (161 ,306.59) 34,790.95 174,699.26 (301 ,214.90) (2) City of Hope 1,285.59 1,285.59
Safety Dept. Grants (208,439.38) 12,909.51 (221,348.89) (2) OSMD Immunization Grant 1,370.50 1,370.50
Kaiser Permanente Grant (1,844.61) (1,844.61) (2)
Resource Center Grant - OMSD 16,872.83 16,872.83
Title IIIB Sr Support Services (13,913.08) 2,382.84 (16,295.92) (2) Healthy Community Strategic Plan (3,259.58) (3,259.58) (2) AS ES Supplemental Grant 48,439.00 48,439.00
Older Adults Home Mod Prag (90,220.57) 86,268.77 1,095.69 (5,047.49) (2) Op101d Settlement Fund 10, 167 16 57,881 .34 68,048.50 (2) E.M.S. - Paramedic Fund (17,121.04) 2, 127.38 60.00 (15,053.66) (3) Economic Development 2,054,519.87 10,500.00 14,534.06 2,050,485.81 City Contributions/Donations Fund 2, 150.00 2, 150.00
Sewer Operating Fund 2,5 18,535.55 589,690.14 266,742.19 2,841,483.50 Sewer Replacement Fund 3,634,833.32 3,634,833.32
CFO 20 11-1 Paseos 144,436.81 2,585.37 141 ,851.44
CFO 20 11-2 Arrow Station 142,134.69 228.75 141,905.94
CFO 2025- 1 Village at Montclair (157,392.77) 238. 75 (157,631.52) CFO 2025-2 Alexan Kendry Expansion 1,996.16 525.00 1,471 .16 Inland Empire Utility Agency 5,97 1,800.94 889, 160.16 5,082,640.78 Sewer Expansion Fee Fund 1,386,216.32 15,347.38 1,401 ,563.70 Developer Impact Fees - Local 1,736,998.00 1,736,998.00 Developer Impact Fees • Regional 44,485.41 26,920.00 71,405.41 Burrtec Pavement Impact Fees 590,675.72 590,675.72
PUC Reimbursement Fund•MVGS 21,309.59 21,309.59
Utility Underground In-Lieu 383,396.52 383,396.52
General Plan Update Fee 131,189.02 1,082.39 132,271.41
Housing Fund 1,572, 108.20 1,572, 108.20
Public Education/Govt. PEG Fee Fund 196,182.06 4,793.15 14,058.15 186,9 17.06 Infrastructure Fund (214,351.41) 16,810.65 (26,920.00) (224,460.76) (4) Successor Agency Bonds•Taxable 4,380,529.56 4,380,529.56 Successor Agency Bonds•Tax Exempt 8,741 ,290.39 179,641.43 8,561,648.96 2021 Lease Revenue Bond Proceeds (1,264,475.34) 43,490.05 (490,348.00) (1,798,313.39) 2014 Lease Revenue Bond Debt Svc (170,436.17) 159,448.65 1,889,818.75 (1,900,806.27) (5) 2021 Lease Revenue Bond Debt Svc (3,999.50) 691,156.25 (695, 155.75) Pension Obligation Bond Debt Svc (3,002.17) 1,000.00 (4,002. 17) Contingency Fund 0.96 0.96 (1)
Assigned General Fund Reserves 30,820,527.73 18.58 (1 2,826.00) 30,807,683.15 (1) TOTALS $ 68,841,898.63 $ 6,474,626.07 $ 8, 105,304.82 $ (490,348.00) $ 6§_J20,871.88 Negative Cash Notes follow this presentation.
Notes on Negative Cash Balances
(1) The General Operating Fund may have a negative cash for the majority of the fiscal year awaiting property and sales tax collections . This is covered by the Contingency Fund and other General Fund Reserve Funds until those collections are received. As Contingency and General Reserves exceed this negative, the City is not uti lizing restricted resources. (2) These are reimbursable grant funds that utilize general pool monies initially to cover expenditures pending reimbursement from the granting agencies. Therefore, it is not uncommon for these to be negative until that reimbursement is received. (3) This fund has operational deficits annually. At the end of the fiscal year it is restored by a General Fund Transfer. (4) The Infrastructure Fund receives transfers from other funds to accomplish infrastructure projects. Those transfers are usually recorded when the projects nears completion or prior to mid-year budget preparation. Any negative in that fund wil l be eliminated at those times. Transfers from these funds (C.D.B.G., Gas Tax, Measure I, etc.) may go negative on cash pending collections of these revenues. In this way we can determine if obl igations for projects are exceeding current resources. (5) This debt service operation utilizes transaction and use taxes which are part of the sales tax and Successor Agency property taxes . These have been sufficient in prior fiscal years to cover the necessary debt service; however, they are not completely received until fiscal year-end . Once debt service is covered the excess will be transferred to the General Fund.
CITY OF MONTCLAIR
STATEMENT OF CASH AND INVESTMENT ACCOUNTS
AS OF AUGUST 31, 2026
Par Value
CHECKING ACCOUNT
Checking Account
Asset Seizure Account
Purchase
Date
CASH W/FISCAL AGENT, CD's, LAIF DEPOSITS, AND
SHORT-TERM U.S. AGENCY SECURITIES
Local Agency Investment Fund (LAIF)
First American Government
U.S. AGENCY SECURITIES
TOTAL
Current market values obtained from US Bank.
Maturity
Date
Coupon
Interest
Rate
3.870%
Current
Market
Value
Balance
at Cost
48,340,778.03 49,289,052.07
2,000,000.00 2,000,000.00
$ 50,340,778.03
$
SCHEDULE 3
Totals
$ 15,429,341 .97
$ 2,477.84
$ 51 ,289,052.07
$
$ 66,720,871 .88
CITY OF MONTCLAIR
CASH AND INVESTMENTS BY TYPE
AUGUST 31, 2026
Total Cash & Investments $66,720,872
■ Investments
3.00%
73.87%
D Checking
23.13%
CITY OF MONTCLAIR AS SUCCESSOR TO
THE REDEVELOPMENT AGENCY
TREASURER'S REPORT
FOR THE MONTH ENDING
August31,2026
CITY OF MONTCLAIR AS SUCCESSOR TO
THE REDEVELOPMENT AGENCY
STATEMENT OF CASH BY FUND
August 31, 2026
COMBINED OPERATING FUND
Operating 67,718.18 $ 67,718.18
LRPRP Fund
Operating 0.00 $ 0.00
RORF 374,140.40
RORF Area I 0.00
RORF Area II 0 00
RORF Area Ill 0.00
RORF Area IV 0.00
RORF Area V 0.00
RORF Area VI 0.00 $ 374,140.40
TOTAL CASH $ 441,858.58
Checking Account
US Bank
TOTAL CASH
NOTE
CITY OF MONTCLAIR AS SUCCESSOR TO
THE REDEVELOPMENT AGENCY
STATEMENT OF CASH
August 31, 2026
441,858.58
441,858.58
In accordance with State law, the Successor Agency receives the monies necessary to cover its obligations for the upcoming six month period. The monies are received in January and June of each year
The Successor Agency has sufficient funds available to meet expenditures during the upcoming six-month period.
CITY OF MONTCLAIR AS SUCCESSOR TO
THE REDEVELOPMENT AGENCY
WARRANT REGISTER
FOR THE MONTH ENDING
August 31, 2026
City of Montclair
Final Warrant Register
Council Date 10/19/2026
Regular Warrants
Checking Account: Successor to the RDA
SRDA Combined Operating Fund
RORF
(Redevelopment Obligation
Retirement Funds)
Note: Reimburse City for 08/13 payrolls
Reimburse City fo r 08/27 payrolls
Vice Chair Martinez
Warrants
0.00 0.00
US Bank
transfers
3,397.29
0.00 0.00 3,397.29
Area Totals
3,397.29
0.00 August 31 , 2026 Total 3,397.29
Book Transfer Dai ly Activity Detail
CITY OF MONTCLAIR
SinglePoint
Reported Activity From 08/03/2026 To 08/31/2026
Printed on 09/11 /2026 at 9:24 AM PDT
C!Dbank.
Effective Date Amount From: Debit Account Number To: Credit Account Number Status 08/27/2026
Debit Account Name
Debit Account Type
Credit Account Name
Credit Account Type
Template Name
Memo
Initiate Date
Initiate Time
Initiated By
Completed Date
Completed Time
$1568.31 153499275813
CITY OF MONTCLAIR SUCCESSOR AGENCY
DOA
CITY OF MONTCLAIR GENERAL ACCOUNT
ODA
Reimb City for 08/27/26 Payroll
08/27/2026
1114AM CDT
JKULBECK
08/27/2026
11: 14AM CDT
153499275805 Completed
Effective Date Amount From: Debit Account Number To: Credit Account Number Status 08/13/2026
Debit Account Name
Debit Account Type
Credit Account Name
Credit Accou nt Type
Template Name
Memo
Initiate Date
Initiate Time
Initiated By
Completed Date
Completed Time
Total Number of Book Transfers:
Total Amount of Book Transfers:
--- End of Report ---
$1828.98 153499275813
CITY OF MONTCLAIR SUCCESSOR AGENCY
ODA
CITY OF MONTCLAIR GENERAL ACCOUNT
DOA
Re imb City for 08/13/26 Payrol l
08/13/2026
11:41AM CDT
JKULBECK
08/13/2026
11:41AM CDT
2 $3,397.29
153499275805 Completed
Printed on 09/11 /2026 at 9:24 AM PDT
CITY OF MONTCLAIR
HOUSING CORPORATION
TREASURER'S REPORT
FOR THE MONTH ENDING
August31,2026
TABLE OF CONTENTS
SCHEDULE 1 - STATEMENT OF CASH AND INVESTMENTS
CASH AND INVESTMENTS GRAPH
Checking Account
US Bank
Investments
LAIF
CITY OF MONTCLAIR
HOUSING CORPORATION
STATEMENT OF CASH AND INVESTMENTS
August 31, 2026
Interest
Rate
3.87%
Market
Value
71 ,747.32
TOTAL CASH & INVESTMENTS
NOTE:
Schedule 1
Book
Value
294,442.70
71 ,609.14
366,051.84
Pursuant to the Corporation's Investment Policy, all moneys are invested in banks, the Local Agency Investment Fund, and in securities with maturities of no greater than three years.
The Corporation has sufficient funds available to meet expenditures during the upcoming six-month period.
The Corporation is in compliance with the internal control procedures set forth in its Investment Policy.
Loca l Agency Investment
Fund
19.6%.....,
CITY OF MONTCLAIR
HOUSING CORPORATION
CASH AND INVESTMENTS GRAPH
August 31, 2026
Total Cash & Investments - $366,051.84
Checking Acct
80.4%
CITY OF MONTCLAIR
HOUSING CORPORATION
WARRANT REGISTER
FOR THE MONTH ENDING
August 31, 2026
ACH
Warrants Transfers
116,030.66 0. 00
August 31, 2026 Total
US Bank transfers:
Vice Chair Martinez
City of Montclair
Final Warrant Register
Council Date 10/19/2026
Regular Warrants
Checking Account: MHC
Voided
Checks
0.00 US Bank
transfers
0 00
Totals
116,030.66
116,030.66
Accounts Payable
Checks by Date - Summary by Check Number
User:
Printed:
Check No
6 131
6132
6 133
6134
6135
6 136
6137
6138
6139
6140
6 141
6 142
61 43
6144
6145
6146
6 147
cramircz
9/ 17/202(1 5:-+8 P\ I
\'cndor No
JG LOOI
Mont07-+
J\rti005
DinaOOI
HernGOOI
JG LOOI
LcxaOOI
Mont002
Mont074
/\rti 005
DinaOO I
JCiLOOI
M ont002
Mont074
SCE-Rcs
SoutOl 1
Sout02 I
\'en d or\" :lllH'
.I G L Fkc Iri c t ·u1npany, Inc .
\ Ioni c· \ '1, 1.1 \\';1 1t:r District
1\ rti c l ' lu rnh in)c /\nd Drain Cleaning
Di na ( ·,,1 1tr.1cIur Services
( i:ibnc: I l k rn ;1ndcz
JG L l'kc1 1·ic Company, Inc.
Lcxar ( ·011 , 1ruct io11
Ci ty 01· i\ lu11 1L·l:i i1·
,\ Ionic \·1,t.1 \\ ':itcr District
A ,·tic: l'lurnhin~ .\nd Drain Cleaning
D i11 ;1 ( ·unlr'1c1ur Sc1Yices
K il l'lcTtr1c t ·,,111 pany, Inc.
C itv ul i\l ,1 11 Id1i 1·
!\Ionic \·1 st., \\ ';1Icr Distri ct
Snu1 hc-r11 t ·.i1il'" rn ia Edison Co
Southc-rn t ,,li l'llrn ia Edison Co
Southc:rn ( ;,\1 I·m11 ia Gas Co
Check Date
08/13/2026
08/ l 3/2026
08/13/2026
08/ 13/2026
08/13/2026
08/ 13/2026
08/13/2026
08/13/2026
08/ 13/2026
08/27/2026
08/27/2026
08/27/2026
08/27/2026
08/27/2026
08/27/2026
08/27/2026
08/27/2026
6 148 ZAFIOO I 1/.J\Fl \ 1r ( ·,111d1 11 oning and Consulting, Inc 08/27/2026 Report Total ( 18 checks):
AP Checks by Dak - Su111marv by l'hcd, 'J 111nk1 I'' 1- ~I,2 ri 5:-+ ~ PM)
MONTCLAIR
Check Amount
8,650.00
1.52024
I .307.00
49,296.00
4,726.00
4,550 00
6,000.00
3,605.78
690.21
2,637 .00
13,675.00
2,525.00
8,542 04
5,618.50
222.S 1
815.26
619. 82
1,030.00
116,030 66
Page I
CITY OF MONTCLAIR
HOUSING AUTHORITY
TREASURER'S REPORT
FOR THE MONTH ENDING
August 31, 2026
Checking Account
US Bank
Investments
LAIF
TOTAL CASH & INVESTMENTS
NOTE:
CITY OF MONTCLAIR
HOUSING AUTHORITY
STATEMENT OF CASH
August 31, 2026
Interest
Rate
3.87%
Market
Value
3,484,162.86
Schedule 1
Book
Value
23,334.99
3,477,452.84
3,500,787.83
Pursuant to the Authority's Investment Pol icy, all moneys are invested in banks, the Local Agency Investment Fund, and in securities with maturities of no greater than three years.
During the upcoming month, surplus moneys will be invested in the Local Agency Investment Fund.
The MHA has sufficient monies available to meet expenditures during the next six month period.
CITY OF MONTCLAIR
HOUSING AUTHORITY
WARRANT REGISTER
FOR THE MONTH ENDING
August31,2026
Warrants
City of Montclair
Final Warrant Register
Council Date 10/19/2026
Regular Warrants
Checking Account: MHA
Voided US Bank
Checks transfers - out.
0.00 0.00 0.00
August 2026 Total
Vice Chair Martinez
Totals
0.00 0.00
55442.00005\44256730.2
Agreement No. 26–71
1 of 71
DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
This DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (“Agreement”), made and entered into this 17 day of August, 2026 (“Effective Date”), by and between the City of Montclair (“City”), a municipal corporation, in the State of California, and WC Homes, LLC, a California limited liability company (“Developer”). City and Developer are sometimes referred to collectively as the “Parties” and individually as a “Party.”
RECITALS
A. Developer is the owner of that certain property located within the City of Montclair, County of San Bernardino, State of California, commonly known as 4711 and 4761 Mission Boulevard, Montclair, California, and now comprising Lots 1 through 22, inclusive, of Tract No. 20656 (APNs 1012–301–47–0000 through 1012–301–68–0000, inclusive), with the legal description set forth in Exhibit A attached hereto and incorporated herein by this reference (“Property”).
B. Developer is proposing construction of twenty two (22) single family homes on the Property, with related amenities and improvements, as further set forth in Planning Commission Resolution No. 24–1992 (the “Project”).
C. The Project requires a density bonus under California Government Code § 65915, et seq. (“State Density Bonus Law”). Without the density bonus, Developer would only be permitted to build eighteen (18) units on the Property. Under the State Density Bonus Law, the Project is proposing a total number of two (2) residential units restricted for sale to Low Income Households, as set forth in this Agreement.
D. In light of the purpose of the State Density Bonus Law, City has determined to grant Developer’s application for a concession relating to reduced minimum lot width for the Project, and a waiver of the minimum lot size for five (5) of the lots, as further set forth herein.
E. This Agreement is also intended to satisfy the inclusionary housing obligations set forth in Chapter 11.81 of Division IV of Title 11 of the City's Municipal Code.
F. This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project’s requirement to provide affordable housing units in exchange for receiving the density bonus, concessions, incentives and waivers, as set forth herein.
NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
55442.00005\44256730.2
Agreement No. 26–71
2 of 71
1. DEFINITIONS AND EXHIBITS
1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows:
1.1.1 "Adjusted for family size appropriate to the unit" shall have the meaning set forth by California Health and Safety Code Section 50052.5(h).
1.1.2 "Affordable Housing Cost" means the total Monthly Housing Costs paid by a Homebuyer that do not exceed the limit for an Eligible Household, in accordance with California Health and Safety Code § 50052.5(b), and implementing regulations published by the California Department of Housing and Community Development, including 25 C.C.R. § 6924, as applicable. The Affordable Housing Cost shall not exceed thirty percent (30%) times seventy percent (70%) of the Area Median Income for a household size appropriate to the unit, pursuant to Montclair Municipal Code § 11.85.020.
1.1.3 “Affordability Period” means the total duration of the Agreement as set forth in Section 5.1.
1.1.4 “Affordable Sales Price” means the maximum sales price that can be charged for an Affordable Unit as set forth in Section 3.3.
1.1.5 "Affordable Unit(s)" means the two (2) dwelling units restricted for occupancy to Eligible Households. Any change to the number or distribution of Affordable Units is subject to City Manager approval.
1.1.6 "Area Median Income" or “AMI” means the San Bernardino County, California area median income, adjusted for family size appropriate to the unit pursuant to California Health and Safety Code § 50052.5(h), as periodically published by the California Department of Housing and Community Development.
1.1.7 “Certificate of Occupancy” means a certificate of occupancy issued by the City after completion of construction and a dwelling unit has been certified by the City as available for occupancy.
1.1.8 "City" means the Montclair, California
1.1.9 "City Council" means the City Council of the City.
1.1.10 “City Deed of Trust” means a deed of trust executed by Homebuyer in favor of the City that secures the performance of the Homebuyer Regulatory Agreement , defined below, and which is recorded against each Affordable Unit as required under this Agreement, as described further by Section 4.1.2.
1.1.11 "City Equity Share" means the amount that Homebuyers agree to pay to the City in accordance with the City Promissory Note.
1.1.12 "City Attorney" means the City Attorney for the City. 55442.00005\44256730.2
Agreement No. 26–71
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1.1.13 "City Manager" means the City Manager for the City.
1.1.14 "City's Planning Commission" means the Planning Commission for the City.
1.1.15 "City Promissory Note" means the note evidencing the promise of Eligible Households to pay to the City an amount equal to the City Equity Share, and shall be substantially in the form of Exhibit C.
1.1.16 "Developer" means WC Homes, LLC, a California limited liability company , and its permitted successors and assigns to all or any part of the Property, Project or this Agreement.
1.1.17 "Effective Date" means the date the Developer and the City shall record or cause to be recorded in the Official Records for San Bernardino County, California, an executed original of this Agreement, pursuant to section 4.1 herein.
1.1.18 "Eligible Household(s)" means a Household whose income does not exceed the qualifying limit for a Low Income Household, as defined herein.
1.1.19 "First Lien" means the lien of the institution making the purchase money mortgage loan to Homebuyer for the purchase of the Property.
1.1.20 “Gross Household Income” means all income from whatever source from all adult Household members, which is anticipated to be received during the 12–month period following the date of the determination of Gross Household Income, in accordance with Title 25 of the California Code of Regulations Section 6914.
1.1.21 “Homebuyer” means an Eligible Household that has an executed agreement to purchase an Affordable Unit.
1.1.22 “Homebuyer Equity Sharing and Regulatory Agreement” or “Homebuyer Regulatory Agreement” means the Homebuyer Equity Sharing and Regulatory Agreement executed by the Homebuyer for an Affordable Unit that imposes the requirements, covenant, and restrictions set forth in this Agreement against each individual Homebuyer, which shall be substantially in the form of Exhibit B.
1.1.23 "Household" all the persons who will occupy the Affordable Unit as their primary residence. A child who is subject to a legally–binding shared–custody agreement, in which the child resides with the Household at least 50% of the time, is counted as a member of the Household. Excluded from the definition of Household are live–in caregivers/caretakers, foster children, unborn children and children being pursued for legal custody or adoption that are not currently living with the Household.
1.1.24 “Housing Cost” means and includes all of the following costs associated with ownership of an Affordable Unit as defined in Title 25 of the California Code of Regulations Section 6920, including:
55442.00005\44256730.2
Agreement No. 26–71
4 of 71
(a) Principal and interest on a mortgage loan at the defined interest rate; (b) Property tax and assessments;
(c) Fire and casualty insurance covering replacement value of property improvements;
(d) Property maintenance and repairs;
(e) A reasonable utility allowance, as determined by the San Bernardino County Housing Authority; and
(f) Homeowner Association assessments and dues.
1.1.25 “Low Income Household” means persons and families whose income does not exceed eighty percent (80%) of the area median income for San Bernardino County, California PMSA, adjusted for household size, as determined in accordance with California Health and Safety Code § 50079.5, and implementing regulations published by the California Department of Housing and Community Development.
1.1.26 "Monthly Housing Costs" means the total Housing Cost, as defined above, determined on a monthly basis and required of a household to obtain shelter, including loan principal and interest at the time of initial purchase by the Homebuyer, , including any space rent if the housing unit is on rented land.
1.1.27 “Municipal Code” means the City’s Municipal Code.
1.1.28 "Notice of Affordability Restrictions on Transfer of Property" means the Notice of Affordability Restrictions on Transfer of Property, which shall be substantially in the form attached hereto as Exhibit G.
1.1.29 "Project" means that certain affordable residential development as more particularly described in the Recitals and Section 2 of this Agreement.
1.1.30 "Project Approvals" means the approved entitlements pursuant to the City Planning Commission Resolution No. 24–1992, dated March 25, 2024, including approval of Tentative Tract Map No. 20656, the 22–units of single–family residential development, and the Precise Plan of Design for Site Plan, Floor Plans, Elevations, Colors, Materials, and Conceptual Land Scape Plan, and all terms and conditions stated therein.
1.1.31 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon, including each Affordable Unit.
1.1.32 “Regulatory Agreement” means this Density Bonus Agreement and Affordable Housing Covenant.
1.1.33 "State Density Bonus Law" means Government Code sections 65915, et seq., as they exist on the Effective Date.
55442.00005\44256730.2
Agreement No. 26–71
5 of 71
1.1.34 “Supportable Mortgage” means the mortgage amount that can be supported by a Low Income Household. The mortgage calculation is based on the prevailing market interest rate for a 30–year fully amortizing mortgage with a fixed interest rate. The Supportable Mortgage shall be determined in a manner consistent with the requirements of this Agreement and State Density Bonus Law, and shall not result in Monthly Housing Costs that exceed an Affordable Housing Cost for the Homebuyer.
1.1.35 "Transfer" means any sale, assignment, conveyance, lease or transfer, voluntary or involuntary, of any interest in the Property. Without limiting the generality of the foregoing, Transfer shall include (i) a transfer by devise, inheritance or intestacy; (ii) creation of a life estate or joint tenancy interest; (iii) a gift of all or any portion of the Property; or (iv) any voluntary conveyance of the Property. Transfer shall not include transfer to a spouse resulting from a dissolution proceeding or legal separation.
1.1.36 "Transferee" means any natural person or entity who obtains ownership or possessory rights in the Property pursuant to a Transfer.
1.1.37 "Unit" means a residential dwelling unit within the Project to be constructed or caused to be constructed by Developer pursuant to this Agreement.
1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:
1.2.1 Exhibit A: Legal Description of the Property
1.2.2 Exhibit B: Homebuyer Resale Restrictions, Equity Sharing and Regulatory Agreement
1.2.3 Exhibit C: City Promissory Note
1.2.4 Exhibit D: City Deed of Trust
1.2.5 Exhibit E: Homebuyer Income Verification
1.2.6 Exhibit F: Annual Housing Compliance Report
1.2.7 Exhibit G: Notice of Affordability Restrictions on Transfer of Property
1.2.8 Exhibit H: Request for Default
2. DEVELOPMENT OF THE PROPERTY
2.1 Project. Developer shall develop, operate, and maintain, or cause the development, operation and maintenance of, the Property, to provide the Affordable Units to Eligible Households at an Affordable Housing Cost. The construction, development and operation of the Project shall at all times comply with the Project Approvals. 55442.00005\44256730.2
Agreement No. 26–71
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2.2 Density Bonus. The Project is hereby granted a density bonus of twenty one and one–half percent (21.5%) in accordance with State Density Bonus Law (18 Base Units x 21.5% = 3.87 State Density Bonus Units) for a total of twenty two (22) units. Developer shall not construct or develop, or otherwise claim a right to construct or develop any additional units on the Property.
2.3 Development Concessions, Incentives, and Waivers. The Project is hereby granted the following concession, pursuant to Government Code Section 65915(d)(1): the lots within the Project, as identified on the Tentative Tract Map, are authorized for a reduction of the minimum lot width required by the R–1 Small Lot Overlay zoning classification from fifty (50) feet to a typical lot width of approximately forty–two (42) feet. The Project is further granted the following waiver, pursuant to Government Code Section 65915(e)(1): Lots 7 through 11, inclusive, as identified on the Tentative Tract Map, are authorized for a reduction of the minimum lot size of four thousand five hundred (4,500) square feet required by the R–1 Small Lot Overlay zoning classification, and may have lot sizes ranging from four thousand two hundred twenty–six (4,226) square feet to four thousand two hundred forty–seven (4,247) square feet, as provided for in the Project Approvals.
2.4 Parking Requirements. Onsite parking shall be provided in compliance with Government Code Sections 65915 (p)(1)(A) and 65915 (p)(1)(B).
2.5 No Further Concessions, Incentives, or Waivers. Developer acknowledges and agrees that the concessions, incentives, and waivers set forth in section 2.3, and the parking requirements set forth in section 2.4, above fully satisfy any duty City may have to grant a density bonus, or any other incentive, concession, or waiver of any building, zoning, or other requirement in connection with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from any density bonus request for the Project.
2.6 Affordable Units. The Project, for purposes of this Agreement, shall have no less than two (2) Affordable Units, restricted for sale to Eligible Households at an Affordable Sales Price, pursuant to the terms and conditions of this Agreement. Each Affordable Unit shall be consistent with all Project Approvals. The Affordable Units shall be reasonably consistent or compatible with the design of the overall Project in terms of appearance, materials and finished quality. The Affordable Units shall be reasonably disbursed throughout the entire Project.
2.7 Permits and Processing; Compliance with Laws. Developer, at its sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be secured any and all permits that may be required for development of the Project by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, and all necessary financing and property interests, Developer shall carry out and perform the development, operation, and maintenance of the Project or cause the performance of the development, operation, and maintenance of the Project, in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project, including the Project Approvals. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of 55442.00005\44256730.2
Agreement No. 26–71
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Developer to comply with any terms of this Agreement in City’s sole determination, then City and Developer shall meet and confer to address amendments and revisions to this Agreement as necessary.
2.8 Relocation Prior to Development of Project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the development of the Project.
2.9 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. Prior to the recording of this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non–responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer.
2.10 Development Standards for Affordable Units
2.10.1 The affordable Units shall be constructed concurrently with the other Units in the Project, unless an alternative schedule is approved by the City Council.
2.10.2 The Affordable Units shall be constructed and developed on Lots 8 and 10 of Tract No. 20656, being Assessor’s Parcel Numbers 1012–301–54–0000 and 1012–301–56– 0000, respectively, as set forth in the Project Approvals. Affordable Unit 1 shall be the dwelling unit constructed on Lot 8 and Affordable Unit 2 shall be the dwelling unit constructed on Lot 10. 55442.00005\44256730.2
Agreement No. 26–71
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2.10.3 The Affordable Units shall comply with the following:
Min. Building Square
Footage
Min. # Bedrooms Min. # Bathroom
Affordable Unit 1 2,152 [ADD – confirm from
approved floor plans]
[ADD – confirm from
approved floor plans]
Affordable Unit 2 2,513 [ADD – confirm from
approved floor plans]
[ADD – confirm from
approved floor plans]
2.10.4 The Affordable Units shall be constructed with the comparable materials, finishes, and quality of all the Units in the Project.
2.10.5 The Affordable Units, and their occupants, shall have access to all common areas of the Project to the same extent as all other Units. No restrictions shall be placed on the owners or occupants of the Affordable Units that are not generally applicable to all other Units and their owners or occupants.
3. AFFORDABILITY
3.1 Each Affordable Unit shall be initially sold to and occupied by an Eligible Household for an Affordable Sales Price, and any resale shall be subject to the Homebuyer Regulatory Agreement and the City Deed of Trust recorded against the Affordable Unit.
3.2 Memorializing Commencement of Affordability Period. Developer shall keep or cause to be kept detailed records of the commencement date of the Affordability Period for each Affordable Unit. In the event that a conflict exists between the date specified by Developer for the commencement of the Affordability Period for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control.
3.3 Affordability Covenants and Restrictions.
3.3.1 Affordable Homeownership. Developer covenants that, during the Affordability Period, each Affordable Unit shall be sold to, or held vacant for sale to, an Eligible Household for an Affordable Sales Price.
3.3.2 Affordable Sales Price. The Affordable Sales Price is equal to the lesser of:
(a) the sum of the Supportable Mortgage plus a reasonable down payment, which shall not exceed twenty percent (20%) of the Affordable Sales Price; or (b) the purchase price prospective buyers are willing to pay in return for purchasing a home that is subject to restrictive covenants. The Affordable Sales Price shall not result in Monthly Housing Costs that exceed an Affordable Housing Cost for the Homebuyer. If the City, in the exercise of reasonable discretion, determines that the down payment allowed under this paragraph is inhibiting the sale of the Affordable Units, and provides written notice of this finding to Developer, then the maximum down payment for an Affordable shall not exceed five percent (5%) of the Affordable Sales Price. 55442.00005\44256730.2
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3.3.3 City Equity Share. The City Equity Share shall be due and payable to the City upon a Transfer of the Property after expiration of the Affordability Period, unless earlier payment is required for a violation of this Agreement.
3.3.4 City Approval Required for Transfer. Prior to the Transfer of any Affordable Unit, Developer shall provide the City with at least thirty (30) days’ written notice (the "City Review Period"). During the City Review Period, the City shall approve or disapprove of the proposed Transfer and the terms and conditions, which approval shall not be unreasonably withheld.
3.4 Restrictions on the Sale of Affordable Units During Affordability Period.
3.4.1 During the Affordability Period, prior to the Transfer of an Affordable Unit, each Homebuyer shall agree to the Homebuyer Regulatory Agreement, the City Promissory Note, the City Deed of Trust, Notice of Restrictions, and the Request for Default, as approved by the City and recorded against each Affordable Unit in accordance with Article 4, below. In the event a Homebuyer seeks to Transfer an Affordable Unit, the City, in its sole and absolute discretion, may approve an assignment and assumption agreement for subsequent sales of the Property to Eligible Households during the Affordability Period.
3.4.2 The Homebuyer Regulatory Agreement shall provide that Affordable Units shall be sold only to an Eligible Household for an Affordable Sales Price during the Affordability Period, and the City Deed of Trust securing the City Promissory Note shall remain a lien on the Property. During the Affordability Period, if a Transfer complies with the requirements of the Homebuyer Regulatory Agreement, then the Homebuyer selling the Affordable Unit shall be entitled to closing proceeds after payment of a First Lien for the Affordable Unit, and the City Equity Share shall be applied to the new Homebuyer.
3.5 Sale of the Affordable Units Upon Expiration of the Affordability Period.
3.5.1 Upon the expiration of the Affordability Period for each Affordable Unit, the City or its designee shall have a one–time first right of refusal to purchase the Property. Within ninety (90) days of written notification of availability of the Affordable Unit, the City, or its designee has the first right of refusal to purchase the Affordable Unit at fair market value, less any amounts owed under the City Promissory Note. In the event that the City exercises its right of first refusal, the City or its designee will make a good faith effort to close escrow within ninety (90) days.
3.5.2 The City Equity Share shall remain a lien on the Property until all amounts owed to the City are paid. The City Equity Share shall be due and payable upon a Transfer of an Affordable Unit that occurs following the expiration of the Affordability Period, unless earlier payment is required.
3.5.3 The City Equity Share includes an amount equal to the “initial subsidy” and "proportionate share of appreciation," in accordance with California Government Code section 65915(c)(2), and shall be determined as follows:
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(a) An amount equal to the difference between the fair market value of the Affordable Unit at the time of the initial purchase and the Affordable Sales Price (the “Initial Subsidy”); and
(b) An amount equal to the product of (1) the appreciation of the Affordable Unit, as measured by the increase in the fair market value of the Affordable Unit at the time of the sale to the Homebuyer and the resale of the Affordable Unit, and (2) the percentage that the Initial Subsidy represented of the fair market value of the Affordable Unit when it was purchased by the Homebuyer (the “Proportionate Share of Appreciation”). (c) The fair market value of the Property shall be determined as follows:
(i) For the initial sale, Developer may propose to the City a fair market value based on a price per square foot that is based on comparable sales of other units within the Project.
(ii) Except as approved in writing by the City under sub– paragraph (a), prior to the sale of an Affordable Unit, a qualified appraiser shall conduct an appraisal of the Affordable Unit to determine fair market value without the restrictions of this Agreement. If the Developer or a prospective Homebuyer disputes the appraised value, then that party may pay for the costs of a second appraisal and, if there is still disagreement, the average of the two appraisals shall be used to determine the fair market value. (d) The fair market value of the Affordable Unit, as determined in accordance with subdivisions (a) or (b), above, shall be provided to the City for approval or disapproval, which City shall provide within thirty (30) days of receipt of the proposed fair market value. If City does not provide a written response within such time period, then the proposed fair market value shall be deemed approved by the City.
3.5.4 When the City Equity Share becomes due, the proceeds from the sale of the Property shall first satisfy a First Lien, and the Homebuyer shall receive proceeds for the value of any improvements and any down payment actually paid. The City Equity Share shall be paid prior to disbursement of remaining sales proceeds to the Homebuyer.
4. OPERATION OF THE PROJECT BY DEVELOPER
4.1 Recording of Documents.
4.1.1 The Parties acknowledge that the final map for the Project recorded on Book 370, Pages 35 through 37, of Maps, in the Official Records for San Bernardino County, California, prior to the execution of this Agreement. Accordingly, promptly following execution of this Agreement by both Parties, and in any event prior to issuance of a building permit for any Affordable Unit, Developer shall record or cause to be recorded in the Official Records for San Bernardino County, California, an executed original of this Agreement, and Developer shall deliver the proof of recording as required by Section 4.1.3, below. City shall cooperate with Developer in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property and each 55442.00005\44256730.2
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Affordable Unit for the Affordability Period. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Units to ensure compliance with the State Density Bonus Law, and to ensure the continued supply of Affordable Units in the Project, except as expressly set forth in this Agreement.
4.1.2 Prior to the sale of an individual Affordable Unit to a Homebuyer, Developer shall cause each Eligible Household purchasing an Affordable Unit to sign the Homebuyer Regulatory Agreement, City Promissory Note, the City Deed of Trust, and the Notice of Affordability Restrictions on Transfer of Property, as approved by the City pursuant to Section
4.6, below, and Developer shall record or cause to be recorded in the Official Records for San Bernardino County, California, the Homebuyer Regulatory Agreement, the City Deed of Trust, and the Notice of Affordability Restrictions on Transfer of Property
4.1.3 Prior to issuance of building permits for the Project, Developer shall cause to be provided to City a condition of title guarantee (or other evidence acceptable to the City) that demonstrates this Agreement is senior to any other lien, deed of trust, mortgage, or other interest in the Property or the Project, except those approved by the City in writing. The City shall have not less than ten (10) days to determine, in its sole and absolute discretion, that this Agreement (or an amended version of the Agreement restricting the Affordable Units) has senior rights. If City disapproves the evidence provided by Developer, then Developer agrees and acknowledges that City may withhold the building permit unless and until Developer provides evidence satisfactory to the City demonstrating priority of this Agreement or an amendment thereto.
4.2 Occupancy Levels. Developer shall not apply or permit any occupancy requirements that violate local, state or federal law during the development or sale of the Units.
4.3 Use of the Property. All uses conducted on the Property by Developer, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to all applicable provisions of the Municipal Code and other applicable federal, state, and local laws, rules, and regulations.
4.4 Maintenance. Developer shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Developer, and subsequent owners shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project, after providing notice as follows: at least a 48–hour notice to Developer and any occupants of the Affordable Unit which will to be inspected.
4.5 Financing for Affordable Sales Price. Developer, and any Homebuyer, shall obtain City's approval for a First Lien for purchase of the Property. Developer shall prepare and obtain City’s approval, which approval shall not be unreasonably withheld, conditioned or delayed, of the transactional documents conveying each Affordable Unit to Eligible Households, which shall include the Homebuyer Regulatory Agreement, the City Promissory Note, the City Deed of Trust and Notice of Affordability Restriction on Transfer of Property. Developer shall not sell an Affordable Unit unless and until the City has reviewed and approved the Homebuyer as an Eligible 55442.00005\44256730.2
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Household for the purchase of the Affordable Unit, and the Homebuyer has executed and submitted to the City, the Homebuyer Regulatory Agreement, the City Promissory Note, the City Deed of Trust, the Notice of Affordability Restrictions on Transfer of Property, and the approved financing for the Homebuyer in an appropriate form and acceptable to the City.
4.6 Selection of Homebuyers.
4.6.1 The Developer shall, at its sole cost and expense, conduct all procedures and comply with all requirements as set forth in this Agreement in selecting qualified Homebuyers for each Affordable Unit.
4.6.2 Developer shall be responsible for the selection of qualified Homebuyers for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. Prior to marketing any Affordable Units, Developer shall submit to the City for review and approval a proposed form purchase and sale agreement (“Form PSA”) to be used for transferring the Affordable Units to Homebuyers. The Form PSA must contain a copy of the Homebuyer Regulatory Agreement and City Deed of Trust.
4.6.3 All applicants will be screened and “lotterized.” A waiting list will be created from a lottery generated from the initial pool of applications. The waiting list will track applicant name and contact information, lottery number (or designated number after the initial lottery), household income, household size, status of application, and any other information deemed necessary. The waiting list will be maintained as an electronic file and available for audit by the City in accordance with resident selection procedures as set forth herein.
4.6.4 If a prospective Homebuyer qualifies as an Eligible Household, the Homebuyer shall be required to execute the Developer’s Form PSA for the purchase and sale of an Affordable Unit. The Developer must submit a copy of the executed Form PSA for the purchase and sale of the Affordable Unit. The City shall have not less than thirty (30) days to review the agreement to verify the total purchase price and the Homebuyer down payment amount to determine whether the terms are consistent with the requirements of this Agreement. The City has approval rights over any material amendments to the Form PSA made after it has been reviewed and approved by the City.
4.7 Income Verification and Certification.
4.7.1 Developer shall verify income of prospective Homebuyers and certify the verification to the City. In evaluating prospective Homebuyers, Developer shall consider the following sources of income in order of preference: (i) employment income; (ii) business income; (iii) income from Social Security, Supplemental Security Income (SSI), welfare, disability, or pension payments; and (iv) alimony or child support. Subject to the foregoing preferences, Developer shall consider Gross Household Income from all adult Household members, which is anticipated to be received during the 12–month period following the date of the determination of Gross Household Income. Within fifteen (15) days of delivery of the executed Form PSA for a prospective Homebuyer to the City, Developer shall provide City with a completed Homebuyer Income Verification.
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4.8 Monitoring and Recordkeeping. Throughout the Term of this Agreement, on or before January 31 of each year, Developer shall annually complete or cause to be completed and submit to City the Annual Compliance Report in the form set forth in Exhibit F for each year until all Affordable Units are sold and, thereafter, in each year when an Affordable Unit is resold.
Developer agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the actual costs associated with the City’s obligation to monitor Developer’s compliance with the affordability restrictions contained in this Agreement related to the Affordable Units.
Representatives of City shall be entitled to enter the Property if necessary after review of above documentation, upon at least forty–eight (48) hour notice, to monitor compliance with this Agreement, and shall be entitled to inspect the records of the Project relating to the Affordable Units and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City without a fee from the City. Developer agrees to cooperate with City in making the Property and the records of the Project relating to the Affordable Unit reasonably available for such inspection or audit. Developer agrees to maintain or cause for the maintenance of each record of the Project for no less than five (5) years after creation of each such record.
Developer shall allow the City to conduct annual inspections of the Affordable Units on the Property after the date of construction completion, with reasonable notice, which shall be at least twenty four (24) hours in advance, unless a shorter time is required in an emergency, to Owner of the Affordable Unit. Developer shall commence to cure or cause the commencement to cure any defects or deficiencies found by the City while conducting such inspections within ten (10) Business Days of written notice thereof, or such longer period as is reasonable within the sole discretion of the City.
4.9 Notice of Affordability Restrictions on Transfer of Property. For each sale of an Affordable Unit, Developer and the proposed buyer shall execute and deposit into escrow, a Notice of Affordability Restrictions on Transfer of the Property, in a form substantially similar to Exhibit G, which is attached hereto and must be executed by the parties prior to any transfer of the Property.
4.10 Marketing and Resident Selection Plan.
4.10.1 Prior to issuance of a certificate of occupancy for the Project, Developer shall prepare and obtain City’s approval of a marketing program and resident selection plan for the leasing of the Affordable Units at the Project (“Marketing Program”). The sale of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City’s prior written approval. Upon request, Developer shall provide City with periodic reports with respect to the sale of the Affordable Units.
4.10.2 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed tenant selection criteria, occupancy standards, income requirements, timeline and details for outreach and marketing, data collection, record keeping and monitoring, procedures for complaints, and compliance assessment. Components of the resident selection plan shall include, but are not limited to, the application process, interview procedure, apartment offer and assignment, rejected applications, and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program. 55442.00005\44256730.2
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5. TERM OF THIS AGREEMENT
5.1 Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of forty five (45) years from the date the City issues a certificate of occupancy for each Affordable Unit ("Affordability Period"). Each Affordable Unit may have a different Affordability Period.
5.2 Continuing Obligation to Pay the City Equity Share. Notwithstanding the expiration of the Affordability Period, the City shall have the right to receive payment for the City Equity Share, and enforce the Homebuyer Regulatory Agreement, the City Promissory Note, and the City Deed of Trust until satisfactory payment of the City Equity Share.
6. DEFAULT AND TERMINATION; INDEMNIFICATION
6.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.
6.2 Rights and Remedies Cumulative.
6.2.1 The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. City’s rights and remedies to enforce this Agreement include any and all civil, administrative, or criminal remedies as set forth in local, state, or federal law. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either Party be liable for speculative, consequential, punitive or other indirect damages, and each Party waives any right to collect speculative, consequential, punitive or other indirect damages against the other Party.
6.2.2 The City’s actions and remedies may include, but are not limited to, the following:
(a) Actions to enforce this Agreement or to enjoin any actions that violate this Agreement;
(b) Actions to disapprove, revoke or suspend any permit, including a building permit, Certificate of Occupancy or other discretionary approval; (c) Any remedies under the Homebuyer Regulatory Agreement, the City Promissory Note, and the City Deed of Trust;
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(d) Injunctive relief and damages; or
(e) Civil citations with monetary penalties.
6.2.3 If the Developer rents any of the Affordable Units in violation of this Agreement, as restitution to the City, the Developer shall forfeit all monetary amounts obtained through the rental of the Affordable Units.
6.2.4 If the Developer, or a Homebuyer, sells any of the Affordable Units in violation of this Agreement, as restitution to the City, the Developer shall forfeit to the City all monetary amounts obtained from the sale of an Affordable Unit that exceeds the Affordable Sales Price permitted by this Agreement for such Affordable Units.
6.3 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any act or omission of Developer in connection with its obligations under this Agreement, except to the extent caused by the negligence or willful misconduct of Indemnitees.
7. ASSIGNMENT; COVENANTS RUN WITH THE LAND
7.1 Assignment by Developer.
7.1.1 Prohibited Transfers or Assignments. Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, unless the sale, transfer, or assignment complies with the requirements of this Agreement (“Permitted Transfer”). If Developer seeks to sell, transfer or assign the Property or Project, or any rights and obligations in this Agreement, in a manner that does not constitute a Permitted Transfer, Developer shall request City’s written consent, which City may determine in its sole and absolute discretion. If City approves such a request, then prior to any such sale, transfer or assignment, Developer shall pay City’s reasonable fees as compensation for the City’s review of the request. City’s failure to respond to the request within thirty (30) days shall be deemed a disapproval.
7.1.2 Sale of Property. Developer agrees and declares that the Property and the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold, and approved subject to all obligations set forth or incorporated in this Agreement. All of the obligations set forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on Developer and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project.
Developer further understands and agrees that the Density Bonus permit approvals received for this Project have been made on the condition that Developer and all subsequent owners, or other successors and assigns of the Property and/or Project sell the Affordable Units in accordance with the terms, conditions, covenants, and restrictions of this Agreement. 55442.00005\44256730.2
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7.1.3 Subsequent Assignment. As used in this Agreement, the term "Developer" shall be deemed to include any such transferee, assignee, or Homebuyer after the date such sale, transfer, or assignment occurs in compliance with this Agreement.
7.1.4 Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments.
7.2 Covenants Run with the Land. The Property shall be used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby. Developer hereby further declares its understanding and intent that this Agreement provides a public benefit in furtherance of benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City.
8. MISCELLANEOUS
8.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the matters set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein.
No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
8.2 Notices.
8.2.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, 55442.00005\44256730.2
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and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next–day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next–day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party; or (vi) upon transmission thereof (as evidenced by the recipient’s reply to such notice or other competent evidence of actual receipt) if transmitted by electronic transmission (email), provided that a copy of such notice is concurrently sent by first–class mail postage prepaid. All notices shall be addressed as follows:
If to City: City of Montclair
5111 Benito Street
Montclair, CA 91763
Attn: Mikey Fuentes, Director
Economic Development Agency
With a copy to: City Attorney
City of Montclair
5111 Benito Street
Montclair, CA 91763
If to Developer: WC Homes, LLC
1773 San Bernardino Road, Suite B–42
West Covina, CA 91790
Attn: Jonathan Cook
8.2.2 Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.
8.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement.
8.4 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof.
8.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 55442.00005\44256730.2
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8.6 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates.
8.7 Joint and Several Obligations. If at any time during the term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers.
8.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
8.9 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which the City is closed for business.
8.10 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.
8.11 Non–Discrimination. In performing its obligations under this Agreement, Developer shall not discriminate because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, veteran or military status, source of income, or genetic information, as defined and prohibited by applicable law. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
8.12 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement.
8.13 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, pandemics as declared by federal, state, or local emergency resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party.
If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance.
8.14 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 55442.00005\44256730.2
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8.15 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof.
8.16 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.
8.17 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.
8.18 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party.
8.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property.
8.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and in the satisfaction of the Project and conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or the Project or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements or amendments to this agreement as may be reasonably necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City.
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obligation to provide the Affordable Units pursuant to the State Density Bonus Law, and the terms and conditions of this Agreement. For the Affordability Period , this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof, except to the extent specifically authorized herein or by further written agreement from the City. Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project.
8.22 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each party. The City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City that further the intent of this Agreement. Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City’s review of the request. Each alteration, change, or modification to this Agreement shall be recorded against the Property in the Official Records of San Bernardino County, California.
8.23 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder.
{Signatures on following page}
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IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement with Declaration of Covenants, Conditions and Restrictions to be executed on the date set forth at the beginning of this Agreement.
CITY OWNER
By: By:
Javier John Dutrey, Mayor
City of Montclair
Johnathn Cook
WC Homes, LLC
Attest:
By:
Andrea M. Myrick, City Clerk
Approved as to Form:
By:
Diane E. Robbins, City Attorney
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Real property in the City of Montclair, County of San Bernardino, State of California, described as follows:
Lots 8 and 10, inclusive, of Tract No. 20656, in the City of Montclair, County of San Bernardino, State of California, as per map recorded in Book 370, Pages 35 through 37, inclusive, of Maps, in the Office of the County Recorder of said County.
Assessor’s Parcel Numbers:
Lot 8 APN: 1012–301–54–0000
Lot 10 APN: 1012–301–56–0000
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EXHIBIT B
FORM OF HOMEBUYER RESALE RESTRICTIONS, EQUITY SHARING AND
REGULATORY AGREEMENT
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of Montclair
5111 Benito Street
Montclair, CA 91763
Attn: Mikey Fuentes, Director
Economic Development Agency
Free Recording pursuant to
Government Code 6103 & 27383
HOMEBUYER RESALE RESTRICTIONS, EQUITY SHARING AND
REGULATORY AGREEMENT
This HOMEBUYER RESALE RESTRICTIONS, EQUITY SHARING AND
REGULATORY AGREEMENT (“Homebuyer Regulatory Agreement” or "Agreement") is made as of______________, by ________________(“Homebuyer”) in favor of the CITY OF MONTCLAIR, a municipal corporation (“City”).
R E C I T A L S
A. Homebuyer has purchased a single family house located at_________________, Montclair, California, _____, as such real property is more particularly described in “Exhibit A” attached hereto and incorporated herein (“Property”).
B. In connection with Homebuyer purchasing the Property, Homebuyer acknowledged and received disclosures that the purchase was subject to a Density Bonus Housing Agreement with Declaration of Covenants, Conditions and Restrictions ("Density Bonus Agreement"), dated on or about ______, 2025, between the developer of the Property, ______________ ("Developer"). The Density Bonus Agreement required the Property to be sold to a Low Income Household, subject to the provisions of this Homebuyer Regulatory Agreement, pursuant to which Developer imposed covenants upon the Property to be sold to Eligible Households at an Affordable Sales Price. Homebuyer hereby acknowledges and agrees that this Homebuyer Regulatory Agreement is intended to implement the requirements of the Density Bonus Agreement, and that the purchase, use and occupancy of the Property is subject to the conditions, covenants and restrictions contained herein. Capitalized terms used herein and not otherwise defined shall have the same meaning as set forth in the Density Bonus Agreement. 55442.00005\44256730.2
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C. Homebuyer desires and intends to restrict the Property and the improvements thereon in accordance with this Homebuyer Regulatory Agreement. Homebuyer agrees and acknowledges that this Homebuyer Regulatory Agreement is intended to implement and further the intent of the Density Bonus Agreement, entered into between City and Developer of the Property, which was recorded against the Affordable Unit to impose the conditions, covenants, and restrictions as set forth herein. This Homebuyer Regulatory Agreement shall be construed in accordance with the Regulatory Agreement and, in the event of a conflict, the provisions of the Regulatory Agreement shall control.
D. Homebuyer is a Low Income Household, as that term is defined in this Agreement.
E. Homebuyer has represented to City that Homebuyer and Homebuyer’s household intend to reside in the Property as Homebuyer’s principal residence at all times during Homebuyer’s ownership of the Property.
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
1. DEFINITIONS
“Affordability Period” means that period of time commencing upon the Date of this Agreement and terminating on the date that is forty five (45) years from the date a certificate of occupancy was issued for the Property.
“Affordable Housing Cost” means the purchase price for Low Income Households pursuant to California Health & Safety Code Section 50052.5, the implementing regulations of Sections 6920, 6924 and 6930 of Title 25 of the California Code of Regulations for Low Income Households. The Affordable Housing Cost shall not exceed thirty percent (30%) times seventy percent (70%) of the San Bernardino Median Income for a household size appropriate to the unit, pursuant to Montclair Municipal Code § 11.85.020.
“Affordable Sales Price” means the maximum sales price for an Eligible Household that does not exceed an Affordable Housing Cost.
"Affordable Unit" or "Property" means the individual dwelling unit restricted by this Agreement.
“City” means the City of Montclair, California, a California municipal corporation, and the City’s successors and assigns.
"City Deed of Trust" means the City Deed of Trust, securing this Homebuyer Regulatory Agreement and the City Promissory Note, and dated on or about the same date hereof. "City Equity Share" means the amount that Homebuyer agrees to pay to the City in accordance with the City Promissory Note, as further set forth in Section 4.5. "City Promissory Note" means the City Promissory Note, evidencing Homebuyer's agreement to pay the City Equity Share and dated on or about the same date hereof. 55442.00005\44256730.2
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“County” means the County of San Bernardino, California. “Date of this Agreement” means the date in the first paragraph of this Agreement. “Default” means the failure of a party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and opportunity to cure.
The term default also includes an Ownership Default and a Maintenance Default as more fully defined and described herein. Notwithstanding the foregoing for purposes of acceleration of the City Promissory Note, or initiation of foreclosure proceedings there shall be a distinction between the types of default hereunder, including an “Ownership Default” and a “Maintenance Default.” The term “Ownership Default” means the failure of Homebuyer to perform any action or covenant required by the Affordable Housing Resale Restriction related to ownership, owner–occupancy, lien priority, and restrictions on sale and resale of the Property subject to the notice and opportunity to cure provisions set forth herein. A default of any obligation secured by the First Lien shall be a cross–default and also constitute an Ownership Default. The term “Maintenance Default” means the failure of Homebuyer to perform any action or covenant required by this Agreement relating to a “Maintenance Deficiency,” including the ongoing upkeep, maintenance, and use of the Property in decent, safe, sanitary, clean, and neighborly manner, subject to the notice and opportunity to cure provisions set forth herein (and expressly excluding an Ownership Default). “Developer” means WC Homes, LLC, a California limited liability company. "Eligible Household(s)" means a Household whose income does not exceed the qualifying limit for a Low Income Household, as defined herein
“First Lien” means the lien of the institution making the purchase money mortgage loan to Homebuyer for the purchase of the Property.
“Homebuyer” means the person or persons set forth in the first paragraph of this Agreement, and their successors and assigns.
“Housing Cost” means and includes all of the following costs associated with ownership of an Affordable Unit as defined in Title 25 of the California Code of Regulations Section 6920, and Montclair Municipal Code § 11.85.020, including:
(a) Principal and interest on a mortgage loan at the defined interest rate; (b) Property tax and assessments;
(c) Fire and casualty insurance covering replacement value of property improvements;
(d) Property maintenance and repairs;
(e) A reasonable utility allowance, as determined by the San Bernardino County Housing Authority; and
(f) Homeowner Association assessments and dues.
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Exhibit B
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“Legal Description” means the legal description of the Property which is attached hereto as Exhibit A and incorporated herein.
“Low Income” and “Low Income Households” means low income households as defined in Health & Safety Code Section 50079.5.
“Notice of Intent to Transfer” means a Notice of Intent to Transfer in compliance with this Agreement. The Notice of Intent to Transfer shall be in a form provided by the City. “Permitted Transfer” means any Transfer which is permitted with the written consent of the City, as further set forth herein.
“Prohibited Transfer” means any Transfer which is not approved by the City, as further set forth herein.
“Property” means that certain real property located at the street address set forth in Recital A and legally described in the Legal Description.
“Purchase Agreement” means that certain agreement pursuant to which Homebuyer has agreed to purchase the Property from the Developer.
“Request for Approval of Proposed Transferee” means a Request for Approval of Proposed Transferee in compliance with this Agreement.
“Request for Notice” means the Request for Notice of Default attached hereto as Exhibit I and incorporated herein.
“Sales Price” means the sum to be paid by a Transferee for the Transfer of the Property. “Transfer” shall mean any sale, assignment, conveyance, lease or transfer, voluntary or involuntary, of any interest in the Property. Without limiting the generality of the foregoing, Transfer shall include (i) a transfer by devise, inheritance or intestacy; (ii) creation of a life estate; (iii) creation of a joint tenancy interest; (iv) a gift of all or any portion of the Property; or (v) any voluntary conveyance of the Property. Transfer shall not include transfer to a spouse resulting from a dissolution proceeding or legal separation.
“Transferee” shall mean any natural person or entity who obtains ownership or possessory rights in the Property pursuant to a Transfer.
2. HOMEBUYER’S REPRESENTATIONS AND WARRANTIES AS TO THE SALE OF THE PROPERTY TO HOMEBUYER.
2.1 Homebuyer represents and warrants to City that the financial and other information which Homebuyer has provided to City with respect to Homebuyer’s income and the purchase price of the Property was true and correct at the time such information was provided, and remains true and correct as of the Date of this Agreement.
2.2 Homebuyer agrees to occupy the Property as Homebuyer's primary residence. 55442.00005\44256730.2
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3. RESTRICTIONS ON SALE OF PROPERTY.
3.1 Homebuyer covenants and agrees that during the Affordability Period, any sale of the Property shall be to a Low Income Household for an amount that does not exceed an Affordable Sales Price.
3.2 Prior to any Transfer of the Affordable Unit, Homebuyer shall provide the City with a Notice of Intent to Transfer, in a form approved by the City, and the City shall have the right to approve or disapprove of any Transfer, which approval shall not be unreasonably withheld.
3.3 Permitted Transfers. Prior to any Transfer of the Property, Homebuyer shall obtain City's written consent pursuant to the requirements of Section 4 and 5, below, and subject to the following:
(a) During the Affordability Period, the Homebuyer may Transfer the Property to a Low Income Household for an Affordable Sales Price. (b) Upon expiration of the Affordability Period, Homebuyer may sell the Property without the affordability restrictions of this Agreement, subject to the satisfaction of the City Promissory Note and City Deed of Trust.
3.4 Prohibited Transfers. Any Transfer of the Property without the City's written consent or in violation of this Agreement is a Prohibited Transfer.
4. HOMEBUYER PROCEEDS FROM TRANSFER OF PROPERTY.
4.1 This Agreement implements the provisions of the Density Bonus Agreement for disbursement of funds from a sale of the Property, as further set forth below.
4.2 Permitted Transfers During the Affordability Period. During the Affordability Period, a Homebuyer retains the proceeds from a Permitted Transfer after payment of the First Lien, and reasonable closing costs and broker fees. The City Deed of Trust shall remain a lien on the Property.
4.3 Permitted Transfers Upon Expiration of the Affordability Period. Upon expiration of the Affordability Period, the City Equity Share shall become due and payable upon a Permitted Transfer, and the proceeds from a sale shall be used for payment of the City Equity Share in satisfaction of the City Promissory Note.
4.4 Prohibited Transfers. Homebuyer agrees and acknowledges that a Prohibited Transfer is a default of this Agreement and, in the event of such a default, the City shall be entitled to the greater of: (a) all amounts paid for the Property in excess of the Affordable Sales Price shall be forfeited to the City, or (b) the City Equity Share.
4.5 Equity Sharing Agreement.
4.5.1 Following the expiration of the Affordability Period, Homebuyer agrees to pay to the City the City Equity Share, as follows:
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4.5.2 The City Equity Share shall be paid out of proceeds from a Transfer of the Property after the Affordability Period.
4.5.3 The City Equity Share includes the following:
(a) An amount equal to the difference between the fair market value of the Affordable Unit at the time of the initial purchase and the Affordable Sales Price (the "Initial Subsidy").
(b) An amount equal to the product of (1) the appreciation of the Affordable Unit, as measured by the increase in the fair market value of the Affordable Unit at the time of the sale to the Homebuyer and the resale of the Affordable Unit, and (2) the percentage that the initial subsidy represented of the fair market value of the Affordable Unit when it was purchased by the Homebuyer (the "Proportionate Share of Appreciation").
4.6 The City Equity Share shall only be subordinate to a First Lien, as approved by the City at the time of the initial sale (or subsequent approval in the event of a refinance or resale during the Affordability Period), and amounts owed to Homebuyer for the value of improvements to the Property and the down payment paid by Homebuyer.
4.7 For purposes of determining the City Equity Share, at the time of the initial sale of the Property, and each re–sale during the Affordability Period, the fair market value shall be determined as follows:
4.7.1 For the initial sale, Developer may propose to the City a fair market value based on a price per square foot that is based on comparable sales of other units within the Project.
4.7.2 Except as approved in writing by the City, prior to the sale of an Affordable Unit, a qualified appraiser shall conduct an appraisal of the Affordable Unit to determine fair market value without the restrictions of this Agreement. If the Developer or a prospective Homebuyer disputes the appraised value, then that party may pay for the costs of a second appraisal and, if there is still disagreement, the average of the two appraisals shall be used to determine the fair market value.
4.7.3 The fair market value of the Affordable Unit, as determined in accordance with the above, shall be provided to the City for approval or disapproval, which City shall provide within thirty (30) days of receipt of the proposed fair market value. If City does not provide a written response within such time period, then the proposed fair market value shall be deemed approved by the City.
5. PROCESS FOR TRANSFER OF THE PROPERTY. In the event that Homebuyer desires to Transfer the Property, the following procedure shall apply:
5.1 Notice to City. Prior to any Transfer, Homebuyer shall send a Notice of Intent to Transfer to City at the address set forth in Section 22. The Notice of Intent to Transfer shall include: (a) the identity of the proposed Transferee and contact information, including current address and phone number, (b) the proposed terms of the Transfer, (c) whether the Property is being sold to a purchaser that qualifies as a Low Income Household and supporting documentation, 55442.00005\44256730.2
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and (d) if during the Affordability Period, the proposed Affordable Sales Price and the resulting Monthly Housing Costs. If the proposed Transfer is upon expiration of the Affordability Period, then the Notice of Intent to Transfer shall include the proposed sales price and a good faith estimate of the proceeds from the sale of the Property. The City may request additional information as reasonably necessary to evaluate the requested Transfer.
5.2 Qualification of Proposed Transferee. For a transfer during the Affordability Period, the proposed Transferee shall complete an Income Verification Form, in a form approved by the City, which shall include, without limitation, a certification as to the income and family size of the proposed Transferee.
5.3 Certificates from Parties. In the event the City approves the proposed Transfer, Homebuyer and proposed Transferee each shall certify in writing, in a form acceptable to City, that the Transfer shall be closed in accordance with the terms of the sales contract and other documents submitted to and approved by City and that all consideration delivered by the proposed Transferee to owner has been fully disclosed to City. The written certificate shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or certificate submitted to City for its approval of the Transfer, City shall have the right to file an action at law or in equity to make the parties terminate and/or rescind the sales contract and/or declare the sale void notwithstanding the fact that the Transfer may have closed and become final as between Homebuyer and Transferee.
5.4 Requirements for Permitted Transfers. For a Permitted Transfer during the Affordability Period, the City will require: (1) an assignment and assumption agreement that is reasonably acceptable to City, or (2) the proposed Transferee execute a new City Promissory Note, City Deed of Trust, and Homebuyer Regulatory Agreement. Upon expiration of the Affordability Period, the City will require a closing statement setting forth the proceeds from a proposed sale, and shall have at least thirty (30) days to review and approve the sales documents.
5.5 Written Approval of City Required Before Transfer. The purchase sale agreement or other contract for Transfer of the Property, and the Income Verification Form, shall be provided to the City, which shall have at least thirty (30) days to review. The Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of City, which consent shall be given only if the Transfer is in accordance with the provisions of this Agreement.
5.6 Notice of Prohibited Transfer. Within thirty (30) days after receiving all information required by this Section 5, the City shall determine and give notice to Homebuyer as to whether the City consents to the Transfer as a Permitted Transfer, or if the City determines the proposed Transfer is a Prohibited Transfer. Any attempt to Transfer the Property without the City's written approval, or after the City has given notice of a Prohibited Transfer, shall be a Default of this Agreement, and the City may apply to a court of competent jurisdiction for specific performance of this Agreement, for an injunction prohibiting a proposed sale or Transfer in violation of this Agreement, for a declaration that the Prohibited Transfer is void, or for any such other relief as may be appropriate.
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Exhibit B
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5.7 Delivery of Documents. Upon the close of the proposed Transfer, Homebuyer and Transferee, as applicable, shall provide the City with a copy of the final sales contract, settlement statement, escrow instructions, all certificates required by this Section 5 and any other documents City may request.
6. ENCUMBRANCES.
6.1 Subordination. Except as provided otherwise herein, the provisions of this Agreement, the Notice of Affordability Restrictions and the City Deed of Trust, the obligations herein and therein, shall be subordinate only to the First Lien on the Property and, if applicable, other loan(s) as approved by the City, including lien instruments that secure other Homebuyer purchase money and/or down payment assistance, including without limitation City, State of California, or federal affordable housing programs, which liens shall not impair the rights under the First Lien in the event of default under the First Lien by Homebuyer. Such remedies under the First Lien include the right of foreclosure or acceptance of a deed or assignment in lieu of foreclosure.
6.2 Request for Notice of Default. City may cause a Request for Notice to be recorded on the Property subsequent to the recordation of the First Lien deed of trust or mortgage requesting a statutory notice of default as set forth in California Civil Code Section 2924b. A form of a Request for Notice is attached hereto as Exhibit I and incorporated herein.
6.3 Further Encumbrances. Homebuyer agrees that it shall not record or cause the recordation of any deed of trust (“Further Encumbrance”) securing a note having an original principal sum which, when added to the sum of the principal amount(s) of any notes secured by any deeds of trust against the Property as of the date of recordation of the Further Encumbrance, exceeds one hundred percent (100%) of the fair market value of the Property.
7. USES. Homebuyer covenants and agrees to devote, use and maintain the Property in accordance with this Agreement. All uses conducted on the Property, including, without limitation, all activities undertaken by Homebuyer pursuant to this Agreement, shall conform to all applicable provisions of the Montclair Municipal Code, and the recorded documents pertaining to and running with the Property.
8. NONDISCRIMINATION COVENANTS.
Homebuyer covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. All deeds, leases or 55442.00005\44256730.2
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contracts relating to the Property, or any part thereof, shall contain or be subject to substantially the following non–discrimination or non–segregation clauses:
“The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.”
The covenants established in this Section 8 shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and shall remain in effect in perpetuity.
9. MAINTENANCE OF PROPERTY.
Homebuyer shall maintain the improvements and landscaping on the Property in a manner consistent with community standards which will uphold the value of the Property, in accordance with the Montclair Municipal Code. Homebuyer also agrees to comply with all applicable federal, state and local laws.
9.1 Exterior Maintenance. Except as to be maintained by the homeowners association, as applicable, all exterior, painted surfaces of any structures located on the Property shall be maintained at all times in a clean and good condition. Any defacing marks shall be cleaned or removed within a reasonable period of time.
9.2 Front and Side Exteriors. Except as to be maintained by the homeowners association, as applicable, Homebuyer shall at all times maintain the front exterior, any visible side exteriors, and yards, if any, in a clean, safe and presentable manner.
9.3 Graffiti Removal. All graffiti and defacement of any type, including but not limited to marks, words and pictures, shall be promptly removed from the Property within two (2) days of the time they were made and any necessary painting or repair completed in a timely and expeditious manner after notice thereof, whichever is less.
9.4 No Nuisance. Homebuyer shall not maintain, cause to be maintained, or allow to be maintained on or about the Property any public or private nuisance, including without limitation, the conduct of criminal activities set forth in the nuisance abatement provisions of the Uniform Controlled Substances Act (Health & Safety Code Sections 11570, et seq.) or the Street Terrorism Enforcement and Prevention Act (Penal Code Sections 186.22 et seq.), or any successor statute or law.
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10. OCCUPANCY STANDARDS.
The Property shall be used as the principal personal residence of Homebuyer and Homebuyer’s immediate family/household and for no other purpose. Homebuyer shall not enter into an agreement for the rental or lease of all or any part of the Property. Homebuyer shall not rent out a room or rooms at the Property. Homebuyer may request a temporary waiver of the foregoing requirement in the event of extreme hardship requiring Homebuyer to move to another geographical area or to less expensive housing, including, for example and without limitation, transfer of job location, loss of job, or unexpected major expenses. City may approve or disapprove such request in its sole discretion, and may require as a condition of approval that Homebuyer only rent the Property to Eligible Households at an affordable rent (as defined in Section 50052.5 and 50053 of the California Health & Safety Code.) Subject to applicable state or federal law, the standard occupancy for the Property shall be consistent with the Regulatory Agreement. Homebuyer shall, upon demand by City, submit to City an affidavit of occupancy verifying Homebuyer’s compliance with this Section 10. Such affidavit may be required by City on an annual basis.
11. EFFECT OF VIOLATION OF THE TERMS AND PROVISIONS OF THIS AGREEMENT.
11.1 In General. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City, its successors and assigns, as to those covenants which are for its benefit. The covenants contained in this Agreement shall remain in effect for the periods of time specified herein. The covenants against discrimination shall remain in effect in perpetuity. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. This Agreement and the covenants herein shall run in favor of City, without regard to whether City has been, remains or is an owner of any land or interest therein in the Property or in the Project Area. City shall have the right, if the Restriction or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled.
11.2 Acceleration. The City shall be entitled to accelerate payments due under the City Promissory Note, and the amount required thereunder shall become due and immediately payable to City by Homebuyer upon the occurrence of any one of the following events of acceleration:
11.2.1 During the Affordability Period, Homebuyer Transfers the Property for a price in excess of an Affordable Sales Price or to a Transferee who does not qualify as a Low Income Household;
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11.2.2 Homebuyer makes a Prohibited Transfer of title to or any interest in the Property without the City's consent or in violation of this Agreement;
11.2.3 Homebuyer refinances any lien or encumbrance to which City Deed of Trust is subordinate (each such lien, a “First Lien”) for a loan amount in excess of the then current loan balance secured by such lien or encumbrance and loan closing costs;
11.2.4 Homebuyer fails to occupy the Property as Homebuyer’s principal residence or is in Default of any other obligation under the Homebuyer Regulatory Agreement;
11.2.5 Homebuyer has an Ownership Default violating any affordable housing terms or provisions of this Agreement.
12. COMPLIANCE WITH LAWS.
Homebuyer hereby agrees to comply with all applicable ordinances, rules, and regulations of City, and all state and federal laws. Nothing herein is intended to be, nor shall it be deemed to be, a waiver of any City ordinance, rule, or regulation.
13. INDEMNIFICATION.
Homebuyer shall pay for, defend, indemnify and hold harmless City and the City and their respective officers, officials, agents, employees, representatives, and volunteers from and against any loss, liability, claim, or judgment relating in any manner to Homebuyer’s use of the Property or Homebuyer’s violation of this Agreement. Homebuyer shall remain fully obligated for the payment of taxes, liens and assessments related to the Property. There shall be no reduction in taxes for Homebuyer, nor any transfer of responsibility to City to make such payments, by virtue of this Agreement.
14. INSURANCE.
Homebuyer shall maintain, during the term of this Agreement, an all–risk property insurance policy insuring the Property in an amount equal to the full replacement value of the structures on the Property. The policy shall contain a statement of obligation on behalf of the carrier to notify the City of any material change, cancellation or termination of coverage at least thirty (30) days in advance of the effective date of such material change, cancellation or termination. Homebuyer shall transmit a copy of the certificate of insurance to City within thirty (30) days of the effective date of this Agreement, and Homebuyer shall annually transmit to City a copy of the certificate of insurance, signed by an authorized agent of the insurance carrier setting forth the general provisions of coverage. The copy of the certificate of insurance shall be transmitted to City at the address set forth in Section 22 hereof. The form, content and issuer of any certificate of insurance approved by City.
15. DEFAULTS.
Failure or delay by either party to perform any term or provision of this Agreement which is not cured within thirty (30) days after receipt of notice from the other party constitutes a default under this Agreement; provided, however, that if such default is of the nature requiring more than thirty 55442.00005\44256730.2
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(30) days to cure, the defaulting party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with diligence. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice.
Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.
16. NON–WAIVER.
Failure to exercise any right City may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default.
17. FURTHER ASSURANCES.
Homebuyer shall execute any further documents consistent with the terms of this Agreement, including documents in recordable form, as City shall from time to time find necessary or appropriate to effectuate its purposes in entering into this Agreement.
18. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of San Bernardino, State of California, or in the Federal District Court where the City is located.
19. AMENDMENT OF RESTRICTION.
No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by Homebuyer and City.
20. CITY MAY ASSIGN.
City may, at its option, assign its rights hereunder without obtaining the consent of Homebuyer.
21. HOMEBUYER ASSIGNMENT PROHIBITED.
In no event shall Homebuyer assign or transfer any portion of this Agreement without the prior express written consent of City, which consent shall be given by City only in the event that City determines that the assignee or transferee is an Eligible Household, that the assignee’s or transferee’s monthly housing payments are at an Affordable Housing Cost, and that the assignee or transferee has expressly assumed this Agreement by execution of a written assignment document to be provided by City and recorded against the Property, or execution of new instruments by the transferee. This section shall not affect or diminish City’s right to assign all or any portion of its rights hereunder.
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22. NOTICES.
Any notices, requests or approvals given under this Agreement from one party to another may be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, registered or certified mail, return receipt requested to the following address:
To Homebuyer: At the property address.
To City: City of Montclair
5111 Benito Street
Montclair, CA 91763
Attn: Mikey Fuentes, Director, Economic
Development Agency
Either party may change its address for notice by giving written notice thereof to the other party.
23. ATTORNEYS’ FEES AND COSTS.
In the event that any action is instituted to enforce payment or performance under this Agreement, the parties agree the non–prevailing party shall be responsible for and shall pay all costs and all attorneys’ fees incurred by such prevailing party in enforcing this Agreement.
24. ENTIRE AGREEMENT.
This Agreement, together with the City Promissory Note and City Deed of Trust, and all attachments thereto and hereto, constitutes the entire understanding and agreement of the parties.
This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all prior negotiations, discussions and previous agreements between the City and Homebuyer concerning all or any part of the subject matter of this Agreement. [Signature block begins on follow page.]
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Exhibit B
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
HOMEBUYER:
By:
By:
CITY:
CITY OF MONTCLAIR
By: Mikey Fuentes
Director of Economic Development Agency
Dated:
ATTEST:
By: Andrea M. Myrick
City Clerk
Dated:
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Exhibit B
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EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Montclair, County of San Bernardino, State of California, described as follows:
Lots 8 and 10, inclusive, of Tract No. 20656, in the City of Montclair, County of San Bernardino, State of California, as per map recorded in Book 370, Pages 35 through 37, inclusive, of Maps, in the Office of the County Recorder of said County.
Assessor’s Parcel Numbers:
Lot 8 APN: 1012–301–54–0000
Lot 10 APN: 1012–301–56–0000
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Exhibit B
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CALIFORNIA ALL–PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California County of San Bernardino} ss.
On ____________________, 20___, before me, ___________________, a Notary Public, personally appeared _____________ who proved to me on the basis of satisfactory evidence to be the person/s whose name/s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature/s on the instrument the person/s, or the entity upon behalf of which the person/s acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.
WITNESS my hand and official seal Signature of Notary Public 55442.00005\44256730.2
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Exhibit C
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EXHIBIT C
CITY PROMISSORY NOTE
City Equity Share Montclair, CA [DATE]
1. FUNDAMENTAL PROVISIONS. The following terms will be used as defined terms in this City Promissory Note (as it may be amended, modified, extended and renewed from time to time, this “Note”):
Lender/Payee: City of Montclair, a California municipal corporation.
Borrower/Maker: [HOMEBUYER]
Principal Amount: City Equity Share, as defined in the Homebuyer Regulatory Agreement
Interest Rate: None.
Default Interest Rate: Eight percent per annum.
Maturity Date: The date of a Transfer after expiration of the Affordability Period.
Business Day: Any day of the year other than Saturdays, Sundays and legal holidays on which City's main office is closed.
Property: [ADDRESS]
Deed of Trust: The City Deed of Trust executed by Borrower, as “Trustor”, for the benefit of City, as “Beneficiary,” concurrently with this Note, and recorded against the Property.
Homebuyer Regulatory
Agreement: The Homebuyer Equity Sharing and Regulatory Agreement, dated on or about [DATE].
Loan: The agreement by Borrower to pay the Principal Amount to City, in accordance with the Homebuyer Regulatory Agreement and this Note.
City Documents: This Note, the Homebuyer Regulatory Agreement, the City Deed of Trust.
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2. PROMISE TO PAY. For value received, Borrower promises to pay to the City, at its office at 5111 Benito Street, Montclair, CA 91763, or at such other place as the Lender hereof may from time to time designate in writing, the Principal Amount together with interest thereon, and all other sums due under and secured by the Deed of Trust.
3. SECURITY. This Note is secured by the City Deed of Trust. The holder of this Note will be entitled to the benefits of the security provided by the City Deed of Trust and will have the right to enforce the covenants and agreements of Maker contained therein and in the Homebuyer Regulatory Agreement
4. PAYMENTS. The City Equity Share is due upon a Transfer of the Property after expiration of the Affordability Period, or upon an event of Default. In the event any City Equity Share become due and payable hereunder or pursuant to the Homebuyer Regulatory Agreement, the City Equity Share shall be immediately due and payable hereunder. Failure to declare such amounts due in any instance shall not constitute a waiver on the part of the City to declare them due in the future. Maker will pay to City all sums owing under this Note without deduction, offset, or counterclaim of any kind.
5. DEFAULT RATE OF INTEREST. If the City Equity Share payable to City pursuant to the Homebuyer Regulatory Agreement and this Note are not paid to City within ten (10) days of the due date thereof, then interest shall accrue on such sum at a rate equal to the lesser of eight percent (8%) interest per annum, compounded annually, or the maximum rate permitted by law.
6. PREPAYMENT. This Note may not be prepaid in whole or in part.
7. TRANSFER. Maker shall not transfer, lease, sell, assign, refinance, encumber, convey or otherwise Transfer any interest in the Property without complying with all requirements of the Homebuyer Regulatory Agreement. Maker’s failure to comply with the requirements of this paragraph shall be a Default under this Note.
8. DEFAULT. The occurrence of any one or more of the following shall constitute an event of default (“Default”) hereunder.
8.1 The occurrence of a breach of any of Maker’s covenants, warranties, or representations under this Note, the City Deed of Trust, or the Homebuyer Regulatory Agreement, including without limitation, any unauthorized refinancing, sale, conveyance, lease, assignment, encumbrance, or other Transfer of the Property, Maker’s failure to occupy the Property as Maker’s principal residence, any failure to pay amounts payable pursuant to this Note, and Maker’s failure to maintain insurance on the Property as required pursuant to the City Deed of Trust.
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Exhibit C
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8.2 The entry of an order for relief under federal bankruptcy laws as to Maker or the adjudication of Maker as insolvent or bankrupt pursuant to the provisions of any state or federal insolvency or bankruptcy act, or Maker’s consent to, acquiescence in, or attempt to secure the appointment of, any receiver for all or any substantial part of the Property.
8.3 The occurrence of an event of default under any loan secured by the Property and the continuance of such default beyond the expiration of all applicable cure periods such that the holder of such loan has the right to accelerate such loan.
9. Remedies. Upon the occurrence of a Default, the giving of any required notice thereof, and the expiration of any applicable cure period, City may, at its option, exercise any one or more of the following remedies:
9.1 Declare all of the sums payable under this Note to be immediately due and payable without further demand.
9.2 Pursue the exercise of the power of sale provided under the City Deed of Trust.
9.3 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 the Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach, and notwithstanding the continuance in possession of the Property, the City shall be entitled to exercise every remedy provided by the City Documents or by law, upon the occurrence of any uncured breach.
9.4 Commence an action to foreclose the City Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants set forth in the City Documents.
9.5 Exercise its option to purchase the Property pursuant to the Homebuyer Regulatory Agreement.
9.6 Exercise all other rights and remedies provided herein or in any other City Document.
9.7 Exercise any other remedy provided by law or in equity.
The rights and remedies of the City hereunder are cumulative, and the City’s exercise or failure to exercise one or more of such rights or remedies shall not preclude City’s exercise, at the same time or different times, of any other right or remedy for the same Default or any other Default. 55442.00005\44256730.2
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Exhibit C
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10. Maker’s Personal Liability. Maker will be fully and personally liable for all loss, cost, liability, damage, and expense (including without limitation attorneys’ fees) suffered or incurred by City arising from any of the following:
10.1 Failure to pay taxes, assessments, and any other charges that could result in liens against any portion of the Property or any other Security.
10.2 Failure to pay and discharge any mechanics’ liens, materialmen’s liens, or other unpermitted liens against any portion of the Property or any other Security.
10.3 Maker’s fraud or intentional misrepresentation with respect to any representations, warranties, or certifications made in the City Documents or in connection with Maker’s application to participate in the City’s affordable housing program.
10.4 Maker’s retention of any rental income or other income arising with respect to any portion of the Property or any other Security subsequent to the date of City’s delivery of any notice of a Default, or which, under the terms of the City Documents, should otherwise have been paid to City.
10.5 Maker’s retention or use of insurance proceeds, condemnation awards, or other similar funds or payments attributable to the Property or any other Security that pursuant to the City Documents should have been paid to City or used for another purpose.
10.6 Waste of the Property, or any other failure to maintain, repair, or restore any portion of the Property or any other Security in accordance with the requirements of the City Documents.
10.7 The removal, demolition, damage or destruction of any portion of the Property or any other Security that is neither consented to in writing by City nor fully compensated for by insurance proceeds or condemnation awards.
10.8 The failure of the City Documents to constitute a lien or security interest, as applicable, on the Property or any other Security, subject only to those exceptions, if any, permitted by the City Documents or otherwise approved in writing by City.
10.9 Nothing in this paragraph will affect or limit the rights of City to enforce any of City’s rights or remedies with respect to any portion of the Property or any other Security.
11. Maker’s Waivers. Maker hereby expressly waives diligence, presentment, protest, and demand, and notice of protest, notice of dishonor and notice of nonpayment of this Note, and expressly waives any rights to be released by reason of any extension of time or change in terms of payment, or change, alteration or release of any security given for the payments hereof, and 55442.00005\44256730.2
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expressly waives the right to plead any and all statutes of limitation as a defense to any demand on this Note.
12. Notices. All notices, requests, demands, reports or other communications regarding this Note shall be in writing and delivered: (i) personally; or (ii) by independent, reputable, overnight commercial courier; or (iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested; addressed as follows, or to such other address as specified in written notice delivered to the parties pursuant to this Section:
To Maker: At the Property address.
To City: City of Montclair
5111 Benito Street
Montclair, CA 91763
Attn: Mikey Fuentes, Director, Economic Development Agency
13. Any notice that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of delivery thereof.
14. Assignment by Lender; Successors and Assigns. This Note shall be binding upon Maker and Maker’s heirs, successors and assigns; provided however, Maker may not assign this Note without City’s prior written consent except as may be permitted in accordance with the City Deed of Trust and the Homebuyer Regulatory Agreement. City may assign its rights to receive the proceeds under this Note to any person or entity without the consent of Maker, and upon notice to Maker of such assignment, all payments shall be made to the assignee.
15. No Joint Venture. The relationship of Maker and City under this Note is solely that of a participant and administrator of an affordable housing program, and in no manner are the City and the Maker partners or joint ventures, nor do any of the City Documents establish a principal and agent relationship between City and Maker.
16. Attorneys’ Fees and Costs. If any legal action is filed to interpret or enforce this Note, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees, costs and expenses incurred therein. Maker agrees to pay all costs and expenses (including reasonable attorneys’ fees) that City may incur in connection with enforcement of this Note and collection of sums payable hereunder whether or not suit is filed.
17. No Third–Party Beneficiaries. This Note shall not benefit or be enforceable by any person or entity except the City and the Maker and their respective successors and assigns. 55442.00005\44256730.2
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Exhibit C
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18. Entire Agreement; Amendments. This Note, together with the Homebuyer Regulatory Agreement and the City Deed of Trust, sets forth the entire understanding between Maker and the City with respect to the subject matter hereof. Any previous representations, warranties, agreements, and understandings among the parties regarding the subject matter of the Homebuyer Regulatory Agreement, this Note and City Deed of Trust whether written or oral, are superseded by the terms of the Homebuyer Regulatory Agreement, this Note and the City Deed of Trust. This Note may be modified or amended only by a written instrument duly executed by City and Maker.
19. No City Waiver. Any waiver of any term or provision of this Note must be in writing.
No waiver of any breach, default or failure of condition under this Note or any other City Document shall be implied from City’s failure or delay in declaring a default or exercising any of City’s rights or remedies with respect to such breach, default or failure, or from any previous waiver of any similar or unrelated breach, default or failure, nor shall acceptance by City of any payment hereunder constitute a waiver of City’s right to require prompt payment of any remaining amounts owed. Without limiting the generality of the foregoing, City’s failure or delay in declaring any amount due hereunder shall not constitute a waiver of City’s right to declare such sum due for the same or any subsequent event that triggers Maker’s payment obligations hereunder.
20. Severability. If any provision of this Note shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Note shall not be affected or impaired thereby.
21. Controlling Law and Venue. The terms of this Note shall be interpreted under the laws of the State of California without regard to principles of conflicts of law. This Note was entered into and is to be performed in the County of San Bernardino, which is the exclusive venue for any action or dispute arising hereunder.
22. Captions. All captions and headings in this Note are for the purposes of reference and convenience and shall be disregarded for all other purposes, including the construction or enforcement of any of the provisions of this Note.
23. Joint and Several. The obligations of each signatory to this Note shall be joint and several.
24. Time of the Essence. Time is of the essence with regard to all matters contained in this Note.
MAKER and HOMEBUYER:
By:_______________________________
By:_______________________________
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Exhibit D
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EXHIBIT D
CITY DEED OF TRUST
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of Montclair
5111 Benito Street
Montclair, CA 91763
Attn: Mikey Fuentes, Director, Economic
Development Agency
Free Recording pursuant to
Government Code 6103 & 27383
CITY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY
AGREEMENT
THIS PERFORMANCE DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (“Deed of Trust”) is made as of _______________, 20__, by _______________ and _______________ (collectively, “Trustor”) as Trustor, to the City of Montclair, as Trustee and Beneficiary (hereafter, "Trustee", "Beneficiary," or "City").
The Trustor, in consideration of the promises herein recited and the trust herein created, irrevocably and unconditionally grants, transfers, conveys and assigns to Trustee, in trust for the benefit of City, with power of sale and right of entry and possession, all of Trustor’s right, title and interest now held or hereafter acquired in and to the property located in the City of Montclair, San Bernardino County, State of California, described in the attached Exhibit A and more commonly known as: _________________ (APN: _____) (the “Property”); TOGETHER with the rents, issues, and profits of such Property, subject however, to the right, power, and authority granted and conferred on City in this Deed of Trust to collect and apply the rents, issues, and profits; and TOGETHER with all the improvements now or hereafter erected on the Property, and all easements, rights of way, and appurtenances thereto, and all fixtures now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this Deed of Trust; All of the foregoing, together with the Property, is herein collectively referred to as the “Security.”
TO HAVE AND TO HOLD the Security, together with acquittances, to the Trustee, its successors and assigns forever;
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TO SECURE to the City the payment of the sums, and the performance of the covenants and agreements of the Trustor evidenced by (i) that certain Homebuyer Equity Sharing and Regulatory Agreement executed by and between Trustor and City, dated as of the date hereof and recorded substantially concurrently herewith (the “Homebuyer Regulatory Agreement”), and (ii) that certain City Promissory Note (the “Note”) dated as of the date hereof and executed by Trustor for the benefit of City, pursuant to which Trustor is obligated to pay to City a City Equity Share (as defined in the Homebuyer Regulatory Agreement), and all extensions, modifications, or renewals of the Note and the Homebuyer Regulatory Agreement. The Note and the Homebuyer Regulatory Agreement are incorporated herein by this reference; and TO SECURE the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust and the performance of the covenants and agreements of Trustor herein contained.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows:
1. Trustor’s Estate. Trustor represents and warrants that Trustor is lawfully seized of the estate hereby conveyed, has the right to grant and convey the Security, and that other than this Deed of Trust, the Security is encumbered only by: (1) that certain deed of trust executed by Trustor and recorded against the Property substantially concurrently herewith to secure repayment of a loan made by ___________________ (the “First Mortgage Lender”) to assist Trustor in the purchase of the Property and evidenced by a promissory note executed by Trustor in favor of the First Mortgage Lender in the original principal amount of [Dollars] ($ ____ )(the “First Mortgage Note”), and (2) the Homebuyer Regulatory Agreement. Trustor agrees to warrant and defend generally the title to the Security against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring the City’s interest in the Security, and Trustor shall pay all costs and expenses, including cost of evidence of title and attorneys’ fees in a reasonable sum, in any such action or proceeding in which City or Trustee may appear, and in any suit brought by City to foreclose this Deed of Trust. As used in this Deed of Trust, the term “First Mortgage Lender” shall include all successors and assigns of the First Mortgage Lender with respect to the First Mortgage Note.
2. Note and Homebuyer Regulatory Agreement. Trustor will promptly pay when due all sums payable pursuant to the Note and shall perform all of Trustor’s covenants and obligations under the Note, the Homebuyer Regulatory Agreement, and this Deed of Trust.
3. Charges and Liens. Trustor will promptly pay when due, the interest, principal, and all other charges accruing under any deed of trust, mortgage, or other instrument encumbering the Property, and will pay when due directly to the payee thereof all taxes, assessments and other charges, fines and impositions affecting the Property. Upon request by the City, Trustor will promptly furnish to the City copies of all notices of amounts due described in this Section and evidence of payment of such amounts. Trustor shall pay when due each obligation secured by or reducible to a lien, charge or encumbrance which now does or later may encumber or appear to encumber all or part of the Property or any interest therein, whether or not such lien, charge or encumbrance is or would be senior or subordinate to this Deed of Trust; provided however, Trustor will not be required to discharge the lien of the deed of trust securing the First Mortgage Note (the 55442.00005\44256730.2
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Exhibit D
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“First Mortgage Deed of Trust”), and Trustor will not be required to pay any tax, charge, lien or assessment described in this Section so long as Trustor is actively contesting its validity in good faith and by appropriate legal proceedings that will operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. Trustor shall post security for the payment of such contested claims as may be requested by the City.
4. Protection of Security. If Trustor fails to perform any of the covenants and agreements set forth in this Deed of Trust, or if any action or proceeding is commenced that materially affects City’s interest in the Property, including, but not limited to, default under any senior lienholder document, eminent domain, insolvency, code enforcement, arrangements or proceedings involving a bankrupt or decedent, foreclosure of any mortgage secured by the Property or sale of the Property under a power of sale of any instrument secured by the Property, City, at its option, without releasing Trustor from any obligation hereunder, may upon notice to Trustor, make such appearance, disburse such sums and take such action as is necessary to protect City’s interest, including, but not limited to, the purchase of insurance, disbursement of reasonable attorneys’ fees and entry upon the Property to make repairs. Any amounts disbursed by City pursuant to this Section, with interest thereon, shall become additional indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and City agree to other terms of payment, such amounts shall be payable upon notice from City to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the highest rate permissible under applicable law.
Nothing contained in this Section shall require City to incur any expense or take any action hereunder.
5. Inspection. The City may make, or cause to be made, reasonable entries upon the Property and inspections of the Security; provided that the City will give Trustor reasonable notice of inspection.
6. Title Insurance. At Trustor’s expense, Trustor shall purchase a CLTA lender’s policy of title insurance for the benefit of City, insuring this Deed of Trust as a secondary lien on the Property, with no delinquent taxes or assessment liens appearing as exceptions to title.
7. Hazard Insurance. Trustor shall keep the Property insured by a standard all–risk property insurance policy with endorsements for vandalism, malicious mischief, and special extended perils, in the full replacement value of the improvements, and with endorsements for increases in costs due to changes in code and inflation, with loss payable to City and any superior trust deed holder, as their interests may appear, and any other insurance required by the City.
The insurance carrier providing such insurance shall be licensed to do business in the State of California and may be chosen by Trustor, subject to approval by City. All insurance policies and renewals thereof shall be in a form acceptable to the City, and shall include a standard mortgagee clause with standard lender's endorsement in favor of the holder of any senior lien and the City as their interests may appear and in a form acceptable to the City. Trustor shall provide City with copies of all policies and renewals thereof, certificates of insurance, all renewal notices and all receipts of paid premiums. In the event of loss, Trustor shall give prompt notice to the insurance carrier and the City or its designated agent. The City, or its designated agent, may make proof of loss if not made promptly by Trustor. The policies shall include an endorsement providing that City shall receive thirty (30) days’ advance written notice of the cancellation, expiration or 55442.00005\44256730.2
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termination or any material change in the coverage afforded by any of the insurance policies required under this Section.
If the Property is acquired by the City, all right, title and interest of Trustor in and to any insurance policy and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition will pass to the City to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition, subject to the rights of the holder of any senior lien.
Renewal policies and any replacement policies, together with premium receipts satisfactory to the City, shall be delivered to the City at least thirty (30) days prior to the expiration of existing policies. Neither Trustee nor the City shall by reason of accepting, rejecting, approving or obtaining insurance incur any liability for the existence, nonexistence, form or legal sufficiency of such insurance, or solvency of any insurer for payment of losses. The application of proceeds pursuant to this Section shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
8. Awards and Damages. Subject to the rights of senior lienholders, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of (a) taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (b) any damage to or destruction of the Property or any part thereof by insured casualty, and (c) any other injury or damage to all or any part of the Property, are hereby assigned to and shall be applied to the restoration or repair of the Property (if applicable) or paid to the City. The City is authorized and empowered (but not required) to collect and receive any such sums and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as the City shall determine at its option. The City shall be 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 City may be released to Trustor upon such conditions as the City may impose for its disposition. Application of all or any part of the amounts collected and received by the City or the release thereof shall not cure or waive any default under this Deed of Trust. If the Property is abandoned by Trustor, or if, after notice by City or its designated agent to Trustor that the condemnor or insurer offers to make an award or settle a claim for damages, Trustor fails to respond to City within thirty (30) days after the date such notice is mailed, City or its designated agent is authorized to collect and apply the proceeds, at City’s option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust
9. Maintenance. Trustor shall maintain the Property and all structures and landscaping thereon in good condition and repair. Trustor agrees to complete installation of landscaping as approved by the City, and to diligently maintain and care for installed landscaping, using generally accepted methods of cultivation and watering. Trustor shall not remove or demolish any building located on the Property, and agrees to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor, and to comply with all laws affecting the Property or requiring any alterations or improvements to be made thereon. Trustor shall not commit or permit waste thereof, and shall not commit or permit any act upon the Property in violation of applicable laws. Trustor will comply with all applicable 55442.00005\44256730.2
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laws, ordinances and governmental regulations affecting the Property or requiring any alteration or improvement thereof, and will not suffer or permit any violations of any such law, ordinance or governmental regulation, nor of any covenant, condition or restriction affecting the Property. If there arises a condition in contravention of this Section, and if the Trustor has not cured such condition within thirty (30) days after receiving a notice from City of such a condition, then in addition to any other rights available to City, City shall have the right (but not the obligation) to perform all acts necessary to cure such condition, and to establish or enforce a lien or other encumbrance against the Property to recover its cost of cure.
10. Occupancy. Trustor shall occupy the Property as Trustor’s primary residence, and the Property shall be used as the primary residence of Trustor and Trustor’s household and for no other purpose. The Property shall not be leased or rented by Trustor to any person or entity other than as expressly permitted by the Homebuyer Regulatory Agreement or consented to by City in writing. The City shall have the right to monitor whether the Property is owner–occupied by requesting that Trustor provide City with a written certification under penalty of perjury that the Property is owner–occupied, accompanied by supporting documentation reasonably satisfactory to the City.
11. Transfer. Trustor shall not allow any Further Encumbrance or Transfer of the Property (as such terms are defined in the Homebuyer Regulatory Agreement) any without complying with all requirements of the Homebuyer Regulatory Agreement.
12. Assignment of Rents. Trustor hereby irrevocably, absolutely, presently and unconditionally assigns to City the rents, issues, revenue and profits of the Property. This is an absolute assignment and not an assignment for security only. Subject to the limitations on lease or rental of the Property as set forth herein and in the Homebuyer Regulatory Agreement, City hereby confers upon Trustor a license to collect and retain such rents, issues, revenue and profits, as they become due and payable prior to any Default hereunder. Upon the occurrence of any such Default, City may terminate such license without notice to or demand upon Trustor and without regard to the adequacy of any security for the indebtedness hereby secured, and may either in person, by agent, or by a receiver to be appointed by a court, enter upon and take possession of the Property or any part thereof, and sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys’ fees, to any indebtedness secured hereby, and in such order as City may determine. City’s right to the rents, issues, revenue and profits of the Property does not depend upon whether or not City takes possession of the Property. The entering upon and taking possession of the Property, the collection of such rents, issues, revenue and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. If a Default occurs while City is in possession of all or part of the Property and/or is collecting and applying rents as permitted under this Deed of Trust, City, Trustee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Deed of Trust and at law or in equity, including the right to exercise the power of sale granted hereunder. Regardless of whether or not City, in person or by agent, takes actual possession of the Property, City shall not be deemed to be a “mortgagee in possession,” shall not be responsible for performing any obligation of the lessor under any lease, shall not be liable in any manner for the Property, or the use, occupancy, enjoyment or operation of any part of it , and unless due solely to the willful misconduct or gross negligence of City, shall not be responsible for 55442.00005\44256730.2
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any dangerous or defective condition of the Property or any negligence in the management, repair or control of the Property.
13. Default. An event of default (“Default”) shall arise hereunder upon the occurrence of any one or more of the following and the expiration of any applicable cure period:
a. Trustor fails to occupy the Property as Trustor’s principal residence; b. The sale, conveyance, encumbrance, refinance, assignment, or other transfer of the Property including without limitation, the lease or rental of the Property in violation of the Homebuyer Regulatory Agreement;
c. An event of default arises under the Note or the Homebuyer Regulatory Agreement, and such default remains uncured following the expiration of any applicable cure period;
d. Trustor fails to pay when due any sum payable pursuant to the Note, the Homebuyer Regulatory Agreement or this Deed of Trust;
e. The Property is refinanced or encumbered in violation of the Homebuyer Regulatory Agreement or this Deed of Trust;
f. Trustor fails to maintain insurance on the Property as required by the Homebuyer Regulatory Agreement and this Deed of Trust,
g. Subject to Trustor’s right to contest the following charges, Trustor fails to pay prior to delinquency taxes or assessments due on the Property or fails to pay when due any other charge that may result in a lien on the Property, and Trustor fails to cure such default within twenty (20) days of date of delinquency, but in all events prior to the time that the holder of such lien has the right to pursue foreclosure thereon;
h. Trustor declares bankruptcy or makes an assignment of assets for the benefit of creditors, or an order for relief is entered under federal bankruptcy laws as to Trustor, or Trustor is adjudicated as insolvent or bankrupt pursuant to the provisions of any state or federal insolvency or bankruptcy, or Trustor consents to, acquiesces in, or attempts to secure the appointment of, any receiver for all or any substantial part of the Property; i. The occurrence of an event of default under any loan secured by the Property and the continuance of such default beyond the expiration of all applicable cure periods such that the holder of such loan has the right to accelerate such loan. j. Trustor fails to observe or perform any other covenant, condition, or agreement to be observed or performed by Trustor pursuant to the Note, the Homebuyer Regulatory Agreement or this Deed of Trust.
14. Remedies. Upon the occurrence of a Default, the giving of notice thereof and the expiration of any applicable cure period, City may, at its option, exercise any one or more of the following remedies:
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a. Declare all of the sums payable under the Note to be immediately due and payable without further demand.
b. Pursue the exercise of the power of sale provided under this Deed of Trust. c. Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, enter upon, 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 which 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 shall not cure or waive any breach hereunder or invalidate any act done in response to such breach and, notwithstanding the continuance in possession of the Security, the City shall be entitled to exercise every right and remedy provided under the Note, this Deed of Trust, or the Homebuyer Regulatory Agreement, or by law upon occurrence of any uncured breach.
d. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof. e. Exercise any option to purchase the Property, as authorized pursuant to the Homebuyer Regulatory Agreement.
f. 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 all or any portion of the obligations secured hereby. g. Exercise any other remedy provided by law or in equity.
15. Acceleration and Sale.
a. Notice of Default. Upon Trustor’s breach of any covenant or agreement of Trustor under the Note, the Homebuyer Regulatory Agreement or this Deed of Trust, City shall mail notice to Trustor as provided in Section 24 hereof specifying: (i) the nature of the breach; (ii) the action required to cure such breach; (iii) a date no less than thirty (30) days from the date the notice is mailed to Trustor by which such breach must be cured or such shorter cure period as may be provided in the Note, the Homebuyer Regulatory Agreement or this Deed of Trust; and (iv) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the Loan and the sale of the Property. The notice shall further inform Trustor of Trustor’s right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Trustor to acceleration and sale. If the breach is not cured on or before the date specified in the notice, City at City’s option declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and/or pursue any other remedy provided herein or available under law. City shall be entitled to collect from the Trustor, or from the proceeds of the sale of the Property, all reasonable costs and expenses incurred in pursuing the remedies provided hereunder, including, but not limited to, reasonable attorneys’ fees.
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If a non–monetary default is not reasonably capable of being cured within thirty (30) days, the City, in its sole and absolute discretion, may grant the Trustor or the First Mortgage Lender such additional time as is reasonably necessary to cure the default provided that the Trustor or the First Mortgage Lender (i) initiates corrective action within said period, and (ii) diligently, continually, and in good faith works to effect a cure as soon as possible.
Notwithstanding the cure periods established in this Section, in no event shall the City be precluded from sooner exercising any remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default or the default is not cured within ninety (90) days after the first notice of default or delinquency is given. b. Trustor’s Right to Reinstate. Notwithstanding City’s acceleration of the sums secured by this Deed of Trust, Trustor will have the right to have any proceedings begun by City to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of the judgment enforcing this Deed of Trust if: (a) Trustor pays City all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Trustor pays all reasonable expenses incurred by City and Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of Trust, including, but not limited to, reasonable attorneys’ fees; Trustor cures all breaches of any other covenants or agreements of Trustor set forth in the Homebuyer Regulatory Agreement and this Deed of Trust; and (d) Trustor takes such action as City may reasonably require to assure that the lien of this Deed of Trust, City’s interest in the Property and Trustor’s obligation to pay the sums and perform the obligations secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred.
c. Sale. After delivery to Trustee of a Notice of Default and Demand for Sale and after the expiration of such time and the giving of such notice of default and sale as may then be required by law, and without demand on Trustor, Trustee shall sell the Property at the time and place of sale fixed by it in said notice of sale, at public auction to the highest bidder for cash in lawful money of the United States of America, payable at time of sale. 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 may postpone such sale by public announcement at the time and place fixed by the preceding postponement. Any person, including Trustor, Trustee or the City, may purchase at such sale. Upon such sale by Trustee it shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of their truthfulness. Upon sale by Trustee and after deducting all costs, expenses and fees of Trustee, Trustee shall apply the proceeds of sale to the payment of the indebtedness hereby secured, including without limitation the indebtedness evidenced by the Note, any advances made or costs or expenses paid or incurred by City under this Deed of Trust, any indebtedness evidenced by any other instrument hereby secured, and all other sums then secured hereby, including without limitation, interest as provided in the Note and the Homebuyer Regulatory Agreement, in such order as the City shall direct; and then the remainder, if any, shall be paid to the person or persons legally entitled thereto. 55442.00005\44256730.2
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16. Remedies Cumulative; No Waiver. No exercise of any right or remedy by the City or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay or forbearance by the City or Trustee in exercising any such right or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof in any continued or subsequent default hereunder. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded by law or equity, and may be exercised concurrently, independently or successively. No sale of the Property, forbearance on the part of City, or extension of the time for payment of the indebtedness hereby secured shall operate to release, discharge, waive, modify, change or affect the liability of Trustor either in whole or in part.
17. Indemnity. Trustor agrees to defend, indemnify, and hold the Montclair, and its elected and appointed officers, officials, employees, and agents harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys’ fees that they may incur as a direct or indirect consequence of: (i) Trustor’s failure to perform any obligations as and when required by the Note, the Homebuyer Regulatory Agreement, or this Deed of Trust; or (ii) the failure at any time of any of Trustor’s representations or warranties herein or in the Homebuyer Regulatory Agreement or the Note to be true and correct.
18. Due on Transfer of the Property. If the Trustor sells, conveys, assigns, transfers, alienates, or otherwise disposes of its interest in the Property, either voluntarily or involuntarily or by operation of law, in part or in full, in violation of the Homebuyer Regulatory Agreement, the City may, at its option, require immediate payment in full of all sums due under the Note.
19. Reconveyance. Upon payment of all sums and satisfaction of all obligations secured by this Deed of Trust, including without limitation, payment of the City Equity Share as defined in the Homebuyer Regulatory Agreement, and upon the expiration or termination of the Homebuyer Regulatory Agreement, the City will provide a written request to the Trustee to reconvey the Security and will surrender this Deed of Trust and the Note to Trustee. The Trustee shall reconvey the Security without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. The recitals in the reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof.
20. Trustee Substitution. The City, at its option and without prior notice, may from time to time, by written instrument, remove the Trustee and appoint a successor trustee pursuant to a written instrument executed by City and duly acknowledged and recorded in the Official Records of San Bernardino. Such instrument shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the predecessor Trustee, succeed to all the title, estate, power and duties conferred upon the Trustee herein and by applicable law. Such instrument shall set forth the name of the Trustor, the original Trustee and the Beneficiary hereunder, the book and page where this Deed of Trust is recorded, and the name and address of the new Trustee.
21. City’s Rights to Release. Without affecting the liability of any person for payment of any indebtedness hereby secured (other than any person released pursuant hereto), including without limitation any one or more endorsers or guarantors, and without affecting the lien hereof upon any of the Property not released pursuant hereto, at any time and from time to time without 55442.00005\44256730.2
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notice: (a) City may in its sole discretion: (i) release any person now or hereafter liable for payment of any or all such indebtedness, (ii) extend the time for or agree to alter the terms of payment of any or all of such indebtedness, and (iii) release or accept additional security for such indebtedness, or subordinate the lien or charge hereof; and (b) Trustee, acting pursuant to the written request of the City, may reconvey all or any part of the Property, consent to the making of any map or plot of the Land, join in granting any easement thereon, or join in any extension agreement of any agreement subordinating the lien or charge hereof.
22. Subordination. Absent the prior written consent of City, this Deed of Trust shall not be subordinated to any other deed of trust or encumbrance on the Property, except a First Lien, as allowed by the Homebuyer Regulatory Agreement.
23. Request for Notice. City requests that copies of any notice of default and notice of sale affecting the Property be sent to City at its address set forth herein. City shall record a Request for Notice of Default and Sale.
24. Notices. All notices, requests, demands, reports or other communications regarding this Deed of Trust shall be in writing and delivered: (i) personally; or (ii) by independent, reputable, overnight commercial courier; or (iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested, and addressed as follows, or to such other address as specified in written notice delivered to the parties pursuant to this Section:
To Trustor: At the Property address.
To City: City of Montclair
Attn: Mikey Fuentes, Director, Economic Development Agency 5111 Benito Street
Montclair, CA 91763
Any notice that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of delivery thereof.
25. Successors Bound. The terms of this Deed of Trust shall be binding upon the Trustor and the Trustor’s heirs, legatees, devisees, administrators, executors, successors and assigns.
26. Attorneys’ Fees and Costs. If any legal action is filed to enforce or interpret this Deed of Trust, or the interpretation or enforcement thereof, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees, costs and expenses incurred therein.
27. No Waiver. Any waiver of any term or provision of this Deed of Trust must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Deed of Trust or applicable law.
No failure or delay by City at any time to require strict performance of any provision of this Deed of Trust or to exercise any election contained herein or any right, power or remedy hereunder shall 55442.00005\44256730.2
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be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election.
28. No Third–Party Beneficiaries. This Deed of Trust shall not benefit or be enforceable by any person or entity except the City, the Trustee, and the Trustor and their respective successors and assigns.
29. Entire Agreement. This Deed of Trust, together with the Homebuyer Regulatory Agreement and the Note, sets forth the entire understanding between Trustor and the City with respect to the subject matter hereof. Any previous representations, warranties, agreements, and understandings among the parties regarding the subject matter of the Homebuyer Regulatory Agreement, this Deed of Trust and Note whether written or oral, are superseded by the terms of the Homebuyer Regulatory Agreement, the Note and this Deed of Trust.
30. Amendments. This Deed of Trust shall not be amended except by a written instrument duly executed by Trustor and Beneficiary and recorded in the Official Records of San Bernardino.
31. Severability. If any provision of this Deed of Trust shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Deed of Trust shall not be affected or impaired thereby.
32. Controlling Law and Venue. The terms of this Deed of Trust shall be interpreted under the laws of the State of California without regard to principles of conflicts of law. This Deed of Trust was entered into and is to be performed in the County of San Bernardino, which is the exclusive venue for any action or dispute arising out of this Deed of Trust.
33. Captions and Gender. All captions and headings in this Deed of Trust are for the purposes of reference and convenience and shall be disregarded for all other purposes, including the construction or enforcement of any of provisions thereof. Whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural.
34. Joint and Several. The obligations of each signatory to this Deed of Trust shall be joint and several.
35. Time of the Essence. Time is of the essence with regard to all matters contained in this Deed of Trust.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the date first written above.
TRUSTOR:
By:
Print Name:
By:
Print Name:
(Signatures must be acknowledged by notary)
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CALIFORNIA ALL–PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California County of San Bernardino} ss.
On ____________________, 20___, before me, ___________________, a Notary Public, personally appeared _____________ who proved to me on the basis of satisfactory evidence to be the person/s whose name/s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature/s on the instrument the person/s, or the entity upon behalf of which the person/s acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.
WITNESS my hand and official seal Signature of Notary Public ____________________________________________
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Exhibit E
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EXHIBIT E
HOMEBUYER INCOME VERIFICATION
General (Complete for Each Person Taking Title)
Property Address: ____________________________________
Name: ____________________________________
Telephone Number: Cell: __________ Home: __________ Work: ____________ Email Address: ____________________________________
Date of Birth: ____________________________________
SSN or TIN: ____________________________________
Household Composition: List All Household Members
Name Age Gender Dependent
(Y/N)
Social
Security # or
TIN
List any additional household members on a separate sheet of paper. 55442.00005\44256730.2
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Monthly Gross Income *
List All Sources of Income of All Household Members
Part 1: Earned Income
Head of
Household
Other
Household
Members Total
1. Gross wages, before payroll deductions and
including overtime pay, commissions, fees,
tips and bonuses.
$ $ $
2. Net income from self–employment,
independent contractor work or a business.
$ $ $
3. Social security and any payments from
annuities, insurance policies,
pension/retirement funds, disability or death
benefits received periodically.
$ $ $
4. Payment in lieu of earnings, such as
unemployment, disability compensation,
worker’s compensation and severance pay.
$ $ $
5. Public assistance, welfare payments $ $ $
6. Alimony, child support, other periodic
allowances
$ $ $
7. Regular pay, special pay and allowances of
members of the Armed Forces
$ $ $
8. Other $ $ $
Subtotal: Monthly Earned Income $
Total Monthly Earned Income x 12 = $ Total Annual Household Gross Earned Income 55442.00005\44256730.2
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Monthly Gross Income *
List All Sources of Income of All Household Members
Part 2: Investment Income
Head of
Household
Other Adult
Household
Members
Total
Household
Investment
Income
1. Interest paid on Bank and Savings
accounts
$ $ $
2. Dividends and other payments
from stocks and bonds
$ $ $
3. Income from real property (i.e.
rental property)
$ $ $
4. Other (describe) $ $ $
Subtotal: Monthly Investment Income: $
Total Monthly Investment Income x 12 = $ Total Annual Household Investment Income
*Note: The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience. 55442.00005\44256730.2
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Assets **
List the Current Value of All Assets of All Household Members If the Asset generates income, that income must be specified In Part 2 above Head of
Household
Other Adult
Household
Members
Total
Value of
Assets
Value Value
1. Bank and Savings accounts $ $ $
2. Stocks and bonds $ $ $
3. Real property (i.e. rental property) $ $ $
4. Other (describe) $ $ $
Total Asset Value $
**Note: Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets. Collections of items for hobby, investment or business purposes must be included in household assets. If the total value of household assets exceeds $5,000, the calculation of the household’s annual income shall include the greater of the actual amount of income, if any, derived from all of the household assets; or 10% of the total value of the assets.
If the total asset value exceeds $5,000, perform the calculations in the following table. If the total asset value is less than $5,000, the amount of investment income to be included in annual household income is $0.
Calculation of Investment Income to be Included in Annual Household Income
1. Total Annual Household Investment Income $
2. Total Asset Value $ x 10% $
The Greater of #1 or #2 = Investment Income to be Included in Annual Household Income
$
_
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Calculation of the Household’s Total Annual Income
Total Annual Household Gross Earned Income $
Total Investment Income to be Included in Annual
Household Income $
Total Household Income $
Documentation
Attach True Copies of the Relevant Documents Listed Below ______
Paycheck stubs from three most
recent pay periods _____ Bank/Savings account verification ______ Employment verification ______ Self–employment verification ______
Three years income tax returns
for Title Holders ______ Unemployment verification
______ Social security verification ______ Welfare verification ______
Alimony/child support
verification ______ Disability income verification
______ Other
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AFFIDAVIT OF HOMEBUYER INCOME VERIFICATION
This Affidavit of Homebuyer Income Verification is made with the knowledge that it will be relied upon by ______________________________________________________________and the City of Montclair to determine maximum income for eligibility to purchase the Affordable Unit listed above. (I/we) warrant that all information set forth in this document is true, correct and complete and based upon information (I/we) deem reliable and based upon such investigation as (I/we) deemed necessary.
(I/We) acknowledge that (I/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) purchase agreement and will additionally enable the seller to terminate the purchase contract and sell the Affordable Unit to another party.
(I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the household which intends to occupy an Affordable Unit located at ________________, Montclair, California.
Printed Name:
____________________________
Signature
Dated: ______________
Printed Name:
____________________________
Signature
Dated: ______________
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EXHIBIT F
ANNUAL HOUSING COMPLIANCE REPORT
Project Name: ___________________________________ Date: _________________ Project Address: _________________________________
Compliance Report Completed By:___________________
Phone Number:__________________________________
Total Number of Units in the Project: ________________
Number of Affordable Units: _______________________
Unit/Address Status of
Construction
Date of Certificate of
Occupancy (if any)
Date of Listing for
Sale (if any)
Date of Sale
(if any)
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EXHIBIT G
FORM OF NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF
PROPERTY
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of Montclair
5111 Benito Street
Montclair, CA 91763
Attn: Mikey Fuentes, Director, Economic
Development Agency
Free Recording pursuant to
Government Code 6103 & 27383
NOTICE OF AFFORDABILITY RESTRICTIONS ON
TRANSFER OF PROPERTY
This Notice of Affordability Restrictions on Transfer of Property (or “Notice of Affordability Restrictions”) is executed and recorded pursuant to the Density Bonus Housing Agreement With Declaration of Covenants, Conditions, and Restrictions (the "Density Bonus Agreement"), recorded on or about __________, 202_, in the Official Records of San Bernardino County, against that certain real property generally located at_______________ (APN: ______) in the City of Montclair, California (“City”) as legally described in Exhibit A hereto (“Property”).
The City of Montclair, a municipal corporation (“City”), and ____________________________(collectively “Homebuyer”) have entered into that certain Homebuyer Equity Sharing and Regulatory Agreement, dated concurrently herewith (“Homebuyer Regulatory Agreement”).
1. The Homebuyer Regulatory Agreement provides for affordability restrictions and restrictions on the transfer of the Property, as more particularly set forth in the Homebuyer Regulatory Agreement. A copy of the Homebuyer Regulatory Agreement is on file with City as a public record and is deemed incorporated herein. Reference is made to the Homebuyer Regulatory Agreement with regard to the complete text of the provisions of such agreement and all defined terms therein, which provides for affordability restrictions and restrictions on the transfer of the Property.
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2. The Homebuyer Regulatory Agreement contains restrictions on the sale of the Property and an equity sharing agreement for Homebuyer to pay to the City certain proceeds from the sale of the Property upon the expiration of the Affordability Period for the Property. (A) For a period commencing upon the date on which the Property receives a certificate of occupancy, which occurred on [DATE], and terminating on the date that is forty five (45) years later (the "Affordability Period"), the Property may only be transferred to another eligible, qualified Low Income Household, at an Affordable Sales Price; such restrictions are set forth at greater length in the Density Bonus Agreement and the Homebuyer Regulatory Agreement.
(B) Upon expiration of the Affordability Period, the City is entitled to an amount of the proceeds from any subsequent sale that is equal the City Equity Share, which is secured by the City Deed of Trust. The City Equity Share is based on the following: (i) an amount equal to the difference between the fair market value of the Affordable Unit at the time of the initial purchase and the Affordable Sales Price (the "Initial Subsidy"), plus (ii) an amount equal to the product of (1) the appreciation of the Affordable Unit, as measured by the increase in the fair market value of the Affordable Unit at the time of the sale to the Homebuyer and the resale of the Affordable Unit, and (2) the percentage that the initial subsidy represented of the fair market value of the Affordable Unit when it was purchased by the Homebuyer (the "Proportionate Share of Appreciation"). The City Deed of Trust will not be released as an interest in the Property or otherwise reconveyed unless and until the City is paid the City Equity Share in accordance with the Homebuyer Regulatory Agreement.
3. Prior to the sale of the Property, Homebuyer must comply with requirements of the Homebuyer Regulatory Agreement, including but not limited to the following requirements of Section 5:
a. Notice to City. Homebuyer shall send the Notice of Intent to Transfer to City pursuant to Section of the Homebuyer Regulatory Agreement. b. Qualification of Proposed Transferee. The proposed Transferee shall provide City with sufficient information in the form provided by City including without limitation, a certification as to the income and family size of the proposed Transferee, for City to determine if the proposed Transferee is a Low Income Household, and the proposed Affordable Sales Price. c. Certificates from Parties. Homebuyer and proposed Transferee each shall certify in writing, in a form acceptable to City, that the Transfer shall be closed in accordance with, and only with, the terms of the sales contract and other documents submitted to and approved by City and that all consideration delivered by the proposed Transferee to owner has been fully disclosed to City. The written certificate shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or certificate submitted to City for its approval of the Transfer, City shall have the right to file an action at law or in equity to make the parties terminate and/or rescind the sales contract and/or declare the sale void notwithstanding the fact that the Transfer may have closed and become final as between Homebuyer and Transferee.
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d. Written Consent of City Required Before Transfer. The purchase sale agreement or other contract for Transfer of the Property, and the Income Verification Form, shall be provided to the City, which shall have at least thirty (30) days to review. The Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of City, which consent shall be given only if the Transfer is in accordance with the provisions of this Agreement The Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of City, which consent shall be given only if the Transfer is in accordance with the provisions of the Homebuyer Regulatory Agreement. e. Notice of Prohibited Transfer. Within thirty (30) days after receiving all information required by the Homebuyer Regulatory Agreement, the City shall determine and give notice to Homebuyer as to whether the City consents to the Transfer as a Permitted Transfer, or if the City determines the proposed Transfer is a Prohibited Transfer. Any attempt to Transfer the Property without the City's written approval, or after the City has given notice of a Prohibited Transfer, shall be a Default of this Agreement, and the City may apply to a court of competent jurisdiction for specific performance of this Agreement, for an injunction prohibiting a proposed sale or Transfer in violation of this Agreement, for a declaration that the Prohibited Transfer is void, or for any such other relief as may be appropriate. f. Delivery of Documents. Upon the close of the proposed Transfer, Homebuyer and Transferee, as applicable, shall provide the City with a copy of the final sales contract, settlement statement, escrow instructions, all required certificates, and any other documents City may request.”
8. The Homebuyer Regulatory Agreement and the Density Bonus agreement both remain in full force and effect and are not amended or altered in any manner whatsoever by this Notice of Affordability Restrictions.
10. Capitalized terms shall have the meaning established under the Density Bonus Agreement or the Homebuyer Regulatory Agreement (including all Attachments or Exhibits thereto) excepting only to the extent as otherwise expressly provided under this Notice of Affordability Restrictions.
11. Persons having questions regarding this Notice of Affordability Restrictions, the Homebuyer Regulatory Agreement or the Density Bonus Agreement should contact City to obtain copies.
HOMEBUYER:
By:
By:
(Signatures must be acknowledged by notary)
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EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Montclair, County of San Bernardino, State of California, described as follows:
Lots 8 and 10, inclusive, of Tract No. 20656, in the City of Montclair, County of San Bernardino, State of California, as per map recorded in Book 370, Pages 35 through 37, inclusive, of Maps, in the Office of the County Recorder of said County.
Assessor’s Parcel Numbers:
Lot 8 APN: 1012–301–54–0000
Lot 10 APN: 1012–301–56–0000
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CALIFORNIA ALL–PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California County of San Bernardino} ss.
On ____________________, 20___, before me, ___________________, a Notary Public, personally appeared _____________ who proved to me on the basis of satisfactory evidence to be the person/s whose name/s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature/s on the instrument the person/s, or the entity upon behalf of which the person/s acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.
WITNESS my hand and official seal Signature of Notary Public ____________________________________________
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EXHIBIT H
FORM OF REQUEST FOR NOTICE OF DEFAULT
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of Montclair
5111 Benito Street
Montclair, CA 91763
Attn: Mikey Fuentes, Director, Economic
Development Agency
Free Recording pursuant to
Government Code 6103 & 27383
REQUEST FOR NOTICE UNDER CIVIL CODE SECTION 2924B
In accordance with California Civil Code Section 2924b request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under the Deeds of Trust recorded as Instrument Nos. , , and on _______ in the Official Records of San Bernardino County, California, and
describing land therein as:
[See Exhibit A attached hereto]
executed by ______________________________________, as Trustor/Borrower, in which is named as Beneficiary, and_________ , is named as Trustee, be mailed to:
City of Montclair, 5111 Benito Street, Montclair, CA 91763, Attention: City Manager. [Signature on next page]
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CITY:
_______________________________
By: Mikey Fuentes
Director of Economic Development Agency
ATTEST
_______________________________
By: Andrea M. Myrick
City Clerk