Total Units
Floor Cover
Total Rooms
Flooring Material
Bedrooms
Foundation
Total Baths
Pool
MLS Total Baths
Year Built
Full Baths
Effective Year Built
Half Baths
Other Impvs
Dining Rooms
Equipment
Family Rooms
Porch
Other Rooms
Patio/Deck 1 Area
Fireplaces
Patio/Deck 2 Area
Condo Amenities
Porch 1 Area
Condition
Porch Type
Quality
Building Type
Water
Bldg Class
Sewer
Building Comments
Heat Type
# of Buildings
Heat Fuel Type
SELL SCORE
Rating Value As Of
Sell Score
ESTIMATED VALUE
ReaIAVMT`" Confidence Score
ReaIAVMTm Range Forecast Standard Deviation
Value As Of
(1) RealAVMTM is a CoreLogic® derived value and should not be used in lieu of an appraise 2022-09-18 04:29:25
(2) The Confidence Score is a measure of the extent to which sales data, property information, and comparable sales support the property valuation analysis process. The confidence score range is 50 -100. Clear and consistent quality and quantity of data drive higher confidence scores while lower confidence scores indicate diversity in data, lower quality and quantity of data, and/or limited similarity of the subject property to comparable sales.
(3) The FSD denotes confidence in an AVM estimate and uses a consistent scale and meaning to generate a standardized confidence metric. The FSD is a statistic that measures the likely range or dispersion an AVM estimate will fall within, based on the consistency of the information available to the AVM at the time of estimation. The FSD can be used to create confidence that the true value has a statistical degree of certainty.
LISTING INFORMATION
MLS Listing Number
Pending Date
MLS Status
Closing Date
MLS Area
MLS Sale Price
MLS Status Change Date
MLS Listing Agent
MLS Current List Price
MLS Listing Broker
MLS Original List Price
MLS Source
MLS Listing #
MLS Status
MLS Listing Date
MLS Listing Price
MLS Orig Listing Price
MLS Close Date
MLS Listing Close Price
MLS Listing Cancellation Date
MLS Source
LAST MARKET SALE & SALES HISTORY
Recording Date
Sale Type
Sale Date
Deed Type
Sale Price
Owner Name City Of Temecula
Price Per Square Feet
Owner Name 2
Multi/Split Sale
Seller
Document Number
Recording Date
Sale Date
Sale Price
Nominal
Buyer Name
Seller Name
Document Number
Property Details Courtesy of Roger Doverspike, Doverspike & Associates, California Regional MLS Generated on: 09/19/22 The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The accuracy of the data contained herein can be Page 2/3 independently verified by the recipient of this report with the applicable county or municipality.
Document Type
MORTGAGE HISTORY
Mortgage Date
Mortgage Amount
Mortgage Lender
Mortgage Code
FORECLOSURE HISTORY
Document Type
Default Date
Foreclosure Filing Date
Recording Date
Document Number
Book Number
Page Number
Default Amount
Final Judgment Amount
Original Doc Date
Original Document Number
Original Book Page
Lien Type
PROPERTY MAP
'Lot Dimensions are Estimated
Property Details Courtesy of Roger Doverspike, Doverspike & Associates, California Regional MLS Generated on: 09/19/22 The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The accuracy of the data contained herein can be Page 3/3 independently verified by the recipient of this report with the applicable county or municipality.
3. Uptown Sports/Transit District (US)
The Uptown Sports/Transit District is the third most
densely concentrated mixed -use district within the
Uptown Temecula Specific Plan area. This district is
characterized by mid to high rise urban buildings with a maximum building height of up to 6 stories. The Uptown
Sports/Transit District is nestled between Jefferson
Avenue and Interstate 15. Additionally, this district is located to the east of the future regional park and
recreation facility, which is located immediately to the west of Jefferson Avenue. Jefferson Avenue runs along
the westernmost boundary of this district, providing
strong visibility from the roadway. To further enhance
the connectivity and circulation within this district, and to support the desired urban development patterns, new
street connections are anticipated to be added to the
existing circulation network, as new development
occurs.
The Uptown Sports/Transit District is characterized by a strong visual window from Interstate 15. This district can be easily accessed from Interstate 15 via the
southbound French Valley Parkway off -ramp. The
intersection of Jefferson Avenue and French Valley
Parkway/Cherry Street will be the primary northernmost
gateway into the specific plan area. This gateway will be designed in a manner that provides a strong sense of
arrival into the Uptown Temecula area. Additionally,
this intersection is a prominent gateway into the City
of Temecula from the City of Murrieta, which is
located immediately to the north of the specific plan
area. Prominent entry features that mark the arrival
into both the City, and the Uptown Temecula area, are
envisioned at this intersection.
The Uptown Sports/Transit District's location is is
buffered by a large, regional park to the west. It is also buffered by the Santa Gertrudis Creek and adjacent
Murrieta Creek trail to the south. Considering the
district's location and surroundings, the Uptown Uptown Sports/Transit District Illustrative Photos Sports/Transit District will develop in a manner that supports and complements the adjacent regional park facility.
The Uptown Sports District is anticipated to have a mix of land uses that will support the regional park facility including hotel and guest -serving facilities, support commercial, and retail uses. This district will be further diversified with a mix of high -density urban residential dwellings. The urban residential dwellings in this area will activate the area during the day, evenings and weekends, and the nearby park facility will provide a neighborhood amenity for area residents. Four building types will be permitted within this district to support the anticipated land UPTOWN TEMECULA SPECIFIC PLAN 3-7
use mix: residential stacked flat buildings, live/work buildings, courtyard building and commercial block buildings.
These building types will contribute to the envisioned identity and feel of this district and help foster a distinctive character for this area.
This district will need to provide a strong pedestrian connection to the adjacent park facility. Enhanced pedestrian crossings and pedestrian refuge islands are envisioned at key intersections along Jefferson Avenue to facilitate pedestrian and bicycle connectivity and safe access across Jefferson Avenue to the park site to the west.
Furthermore, as new development occurs, additional pedestrian/bicycle connections and access points will be provided from future development projects within the Uptown Sports/Transit District to the Santa Gertrudis Creek and future trail.
In addition to the Uptown Sports/Transit District's proximity to the regional park site, the district's anticipated land use mix, and the area's future trail connections, this district also has the potential to accommodate a future transit station. The future transit station is anticipated to provide for both high frequency public transit service and bus rapid transit service. Although the exact location of the transit center has not been determined, the Uptown Primary Specific Plan
Gateway
Primary District
d
Access Point
Streetscape Beautification
and Pedestrian / Bike
Lane Improvements
Future Pedestrian
• • • • • • • • Connection to the
Creekside Village
Murrieta Creek
Trail improvements
Hypothetical Location
of New Streets
., San Gertrudis Creek
Interconnect
Interstate IS View
Window
Exhibit 3-4: Uptown Sports/Transit District
UPTOWN TEMECULA SPECIFIC PLAN 3-8
Sports/Transit District's ultimate vision acknowledges and contemplates the potential for the location of a transit center within, or within close proximity of this district. To this end, coordination efforts with the Riverside Transit Agency (RTA) will continue in order to analyze and support the feasibility of a transit center within, or in close proximity to, this district.
To support these efforts, the Uptown Sports/Transit District will encourage Transit Oriented Development (TOD) and the development of a transit village in this area. To support the concept of TOD, it is anticipated that this area will be characterized by clusters of compact, walkable, urban development. A mix of high density residential uses and complementary commercial and employment -related uses, served by frequent public transit service, are anticipated in the future. By encouraging TOD and the development of a transit village in this location, this district will provide an enhanced ability for people to easily walk or bike within the district. This in turn will promote the feasibility of transit use as viable alternative mode of transportation. Future planning efforts in this area will focus on the coordination of land use and alternative transportation feasibility in order to encourage development projects that will support a high -frequency transit service.
UPTOWN TEMECULA SPECIFIC PLAN 3-9
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RESUMES
Statement of Qualifications
ROBERT S. PERDUE, MAI
REAL ESTATE APPRAISAL EXPERIENCE
1993-Present Perdue Russell & Matthies Real Estate Appraisal Mr. Perdue is the principal in this Wildland Fire litigation based appraisal firm. The 10-25 member firm provides valuation services to California utility, federal, county, and city governments, as well as financial, legal, agricultural and private clients.
Appraisal and consultative litigation services include a wide variety of real estate in Southern and Central California, including existing and proposed residential and commercial developments, retail, office, industrial, special -use, ranch and farm properties as well as environmentally sensitive and mitigation land. Wildland Fire Litigation and Eminent Domain comprise the majority of the firm's valuation assignments. The residential component ranges from condos, townhomes and mobile homes to luxury beach residences and ranch / farm estates over $100M. 1988-1993 Dodd -Graves & Associates, Inc.
As the senior associate with Dodd -Graves and Associates, Inc. Mr. Perdue was responsible for both small and large appraisal projects including litigation valuation assignments, assessment districts, road and utility right-of-way residential projects, and commercial/industrial projects, among others.
1984-1988 Dodd -Graves & Associates, Inc. - Associate Appraiser 1984-1985 Perdue Real Estate Appraisals - Principal
1978-1983 Perdue Realty Advisors - Real Estate Appraiser/Broker/Consultant
REAL ESTATE RELATED EXPERIENCE
2015-2020 Old Town Temecula Commercial Building - Owner 2013-Present Elm Street Business Park - Owner
2001-2016 Riverside Central Business Park - Partner
2000-2015 Moreno Office Park - Partner
1998-2006 Tenaja Development Co. - Principal
1993-1995 San Diego County Tax Assessment Appeals Board — Member and Vice Chairman 1988-1990 Commonwealth Builders - Partner
1987-1989 Palomar Community College, San Marcos, CA
Adjunct Professor - Business 82, Real Estate Appraisal
1986-Present Robert Shea Perdue Development Company - Partner 1985 "Toward a General Appraisal Model" Property Tax Journal - Co -Author 1983-1984 Precision Research (Economic Analysis) - Partner 1978-2020 Licensed California Real Estate Broker - RSVP Properties - Principal 1976-1978 Residential Construction and Development - Ponderosa Homes
EDUCATIONAL BACKGROUND
1984 San Diego State University, San Diego, CA
Graduate work in Real Estate Appraisal and Real Estate Economics 1983 Bachelor of Arts in Economics
1978 Palomar College, San Marcos, CA
Real Estate Curriculum
1976 Associate of Arts Degree
1 JPage
Professional Education Completed - MAI Designation - Appraisal Institute:
Current Appraisal Institute Continuing Education, Appraisal License and Continuing Education is current.
Present to
02/1997 Standards of Professional Practice
10/1992 Income Theory and Capitalization (1B-B)
06/1988 Valuation Analysis and Report Writing (2-2)
02/1988
Case Studies in Real Estate Valuation (2-1)
06/1987
Standards of Professional Practice (8-3)
06/1987
Litigation Valuation (4)
07/1986
Income Theory and Capitalization (113-A)
09/1985
Residential Valuation (8-2)
09/1985
Basic Valuation Procedures (IA-2)
06/1985
Real Estate Appraisal Principles (IA-1)
Professional Education Completed - International Right of Wav Association:
Current Annual Right -of -Way Seminars
10/1997
Business Relocation (502)
09/1992
Property Descriptions (902)
09/1992
Engineering Plan Development (901)
01/1992
Legal Aspects of Easements (802)
07/1991
Expert Witness Testimony (214)
10/1987
Easement Valuation (403)
Professional Education Completed - American Society ofAppraisers:
01/1996 Business Valuation (201)
Eminent Domain Seminars Developed and Instructed
2007 Eminent Domain for Right -of -Way Professionals for City of Corona Redevelopment staff and Public Works staff
2006 Eminent Domain for Right -of -Way Professionals for City of Riverside Redevelopment Staff
2004 Eminent Domain for Right -of -Way Professionals for County of Riverside Real Estate Services
PROFESSIONAL AFFILIATIONS
MAI Designation (Member - Appraisal Institute - #10,590) International Right -of -Way Association
Inland Empire - Chapter 57 - Member
Past President
San Diego - Chapter I I - Member
Certified General Real Estate Appraiser - No. AG-006362 Bureau of Real Estate Appraisers, State of California
California Farm Bureau - Member
American Society of Farm Managers and Rural Appraisers - Associate
AREAS OF APPRAISAL SPECIALIZATION
Wildland Fire Real Estate Appraisal
Mobile Home Parks and RV Parks
Single Family & Multi Family
Eminent Domain Appraisal
Residential Subdivision
Agricultural Land
Litigation and Trust Appraisal
Title Insurance Valuation
Rural -Residential Lots
Ad Valorem Valuation/Consultation
Avocado Groves
Water Rights - Wells
Commercial - Industrial
Citrus Orchards
Mitigation Land/Sensitive
Industrial Parks
Dairies and Ranches
Habitats Nurseries
Special Use Properties
Organic Farms
Partial and Fractional Interests
Assessment Districts
Business Valuation
Contaminated Properties
2 jPage
WILDLAND FIRE REAL ESTATE APPRAISAL PROJECTS
2005-2007 Cedar Wildfire 2003
Appraised single family residences and avocado groves.
2009-2012 Witch Creek Wildfire 2007 San Diego Fire Lawyers, (Tosdal Law Firm, Singleton and Associates and Mitchell S.
Wagner, Esq.) on behalf of real estate property
owners.
Numerous cases involving single family residences, estate homes, ranches and groves for San Diego Fire Lawyers which represented the largest group of individual Plaintiffs pursuing litigation against SDG&E.
2010-2012 Grass Valley Wildfire 2007 Murchison & Cumming, LLP on behalf of Southern California Edison
Appraised 140 single family residences located in Grass Valley neighborhood of Lake Arrowhead, San Bernardino County, California. Attended and assisted Murchison Cumming in mediations. 2011-2012 Canyon Wildfire 2007 Southern California Edison Law Department Appraised single family residences and Malibu Presbyterian Church located in the City of Malibu, Los Angeles County, California.
2012-2013 Sayre Wildfire 2008 Murchison & Cumming, LLP on behalf of Southern California Edison
Oakridge Mobile Home Park and 408 mobile home coaches located on leased land in the Oakridge Mobile Home Park located in the Community of Sylmar, City of Los Angeles, California. 2015-2017 Round Wildfire 2015 Murchison & Cumming, LLP on behalf of Southern California Edison and Los Angeles
Department of Water and Power
Appraised 38 properties consisting of 32 single family residences and vacant lots. Several of the properties were encumbered with a conservation easement. Also appraised were 2 leased land properties used as a cattle ranch and a horse ranch. The properties were located in the Swall Meadows neighborhood of Round Valley, Mono and Inyo Counties, California. 2016-2017 Way Wildfire 2014 Murchison & Cumming, LLP on behalf of Southern California Edison
Appraised 16 properties consisting of 7 single family residences, 8 mobile homes and 1 vacant lot. The properties were located in Wofford Heights, Kern County, California. 2017-Present Thomas Fire 2017
Over 13,000 total claims. Work in progress.
2018-Present Woolsey Fire 2018
Over 15,000 total claims. Work in progress.
Southern California Edison
Southern California Edison
2019-Present Sandalwood Fire 2019 Buchalter Law Firm on behalf of CC&R Environmental Services
Villa Calimesa Mobile Home Park and vacant land. Work in progress. 3 jPage
2015 Wildland Fire Conference Speaker Topic: Agricultural Damage Evaluation
QUALIFIED AS EXPERT WITNESS FOR
Superior Court, Riverside County
Superior Court, San Diego County
Superior Court, San Bernardino County
Judicial Arbitration, San Diego, Riverside, San Bernardino, and Los Angeles U.S. Bankruptcy Court, District of Arizona
U.S. Bankruptcy Court, Central District of California
Assessment Appeals Board: San Diego, Riverside and Los Angeles Counties U.S. Tax Court
4 IPage
QUALIFICATIONS OF THE APPRAISER
ROGER DOVERSPIKE, MAI
Employment History
April 1989 to present: Independent Fee Appraiser, Temecula, CA.
December 1983 to April 1989: Staff appraiser with Foss Associates, Fullerton California.
July 1983 to December 1983: Project manager for Marshman Construction of Ontario, California
May 1983 to July 1983: Appraiser trainee with Pat Altnow of Mammoth Lakes, California.
Education Background
A. Western State University School of Law 1975 (One year) B. Long Beach State University, Bachelor of Science Degree "Cum Laude", in Finance with a Real Estate option and an emphasis in economics, and accounting 1974.
C. California State Polytechnic, Pomona, undergraduate studies in accounting, September 1966 to June 1968
D. Professional Education Completed
1. Society of Real Estate Appraisers
a. Real Property Valuation
b. Real Estate Principles
2. The American Institute of Real Estate Appraisers
a. Standards of Professional Practice
b. Real Estate Principles
c. Basic Valuation
d. Capitalization A & B
e. Case Studies in Real Estate Valuation
f. Valuation and Report Writing
g. Demonstration Report Writing
3. Seminars Successfully Completed
Appraising Apartments, Appraising Industrial Properties, Using the Marshall & Swift Cost Handbook, Discounted Cash Flow Analysis, Internet, The Impact on Detrimental Conditions on Real Estate Values, Affordable Housing Projects in So. California, Operating Expense Information, Using GIS to Enhance Appraisal Assignment, USPAP, Residential Subdivision Feasibility & Pre Development Analysis, Valuation of Fast Food Restaurants, Theaters, Theme Parks, and Regional Retail Development, Valuation of Self -Storage Facilities, Eminent Domain, Land Development, The Appraiser as an Expert Witness; The Technical Inspection of Real Estate; The Appraisal of Special Use Properties; The Appraisal of Vineyards and Wineries; Uniform Standards of Federal Land Acquisition; Water Rights Sales and Transfers in California; USPAP Updates (every two years); Inland Area Transportation Project Seminar; 2008 through 2016 Inland Empire Market Trends Seminar; Appraisal Institute Business Practice and Ethics Seminars; 2010 GIS for Real Estate Appraisers Seminar; 2010 San Diego County Economic Forecast; 2013 & 2016 Laws and Regulations; 2013 Reviewing Commercial Appraisals; 2014 Real Estate Analytics; 2014 Valuation of Bank Branches Webinar; 2015 General Market Analysis Webinar; 2015 Severance Damages Webinar; 2015 Benchmarking Building Performance Webinar; 2016 San Diego Real Estate Market Symposium; 2017 Inland Empire Market Trends Seminar; 2018 National USPAP Update; 2019 Real Estate Damages; 2019 How Tenants Create or Destroy Value; 23rd Annual Inland Empire Market Trends Seminar, 2021; 54th Annual Litigation Seminar, 2021; Grape Crush Report Webinar, 2021
12/21
III. Professional Affiliations
A. MAI designation November 15, 1995 # 10,880
B. Member of International Right -of -Way Chapter 57 No. 7900796 B. Certified General Real Estate Appraiser, No. AG004194, Bureau of Real Estate Appraiser, State of California.
C. California Licensed Real Estate Broker, No. 00451420 IV. Exaert Witness
Superior Courts in San Diego, Los Angeles, San Bernardino and Riverside Counties V. Types of Appraisals
Residential: Single Family, Condominium, PUD units, Mobile and Manufactured homes, Subdivisions, and Apartments, both existing and proposed.
Commercial: Strip commercial and Professional office buildings Industrial: Single and Multi -Tenant buildings, existing and proposed Land: Residential and Residential Subdivisions, Industrial and Industrial Subdivisions, Commercial and Commercial Subdivisions, Groves, and Rural Other: Churches, Motels, Congregate Care Facilities, Mini -Storage Units, Easements, Right -of -Way, Eminent Domain, Airports, Water rights, VI. Partial List of Appraisal Clients
Financial Institutions
Republic Bank
Tokai Bank
United Realty Advisors
National Bank of Arizona
Bank of the West
Transamerica
AM South Bank, Florida
Bank Midwest N.A.
Chase Manhattan Bank
Community National Bank
Barratt Mortgage
First Hawaiian Bank
First American Trust
Golden West Financial
Navy Credit Union
Diversified Mortgage
First Advantage Financial
Finite Mortgage
BankOne
Equistar Financial
Keybank
Guaranty Bank
First Bank
Commercial Capital Bank
First State Bank of Tennessee
Rabobank
First Private Bank & Trust
Surfside Funding
GNT Financial
Commerce Bank Temecula Valley
Wells Fargo Bank
Allied Irish Bank
Point Center Financial
Bank of America
Guardian State Bank, Utah
G.E. Capital
Chrysler Financial Corporation
Sunwest Bank
Southern Pacific Bank
Wells Fargo Bank Mortgage
First American Trust
Credit Swisse (First Boston)
Valley Independent Bank
Northern Mutual Capital
Marina Mortgage
Real Estate Loan Centers
Guild Mortgage
Temecula Valley Bank
Value Pacific Advisors
Indy Mac Bank
Torrey Pines Bank
IMS Lending
LaJolla Bank
Kirkwood Lending, Las Vegas, NV
Mission Oaks National Bank
Churchill Capital
Signature Realty
Bank of Las Vegas
Nebraska State Bank
International Bank of Commerce (IBC)
San Antonio, Texas
12/21
Attorneys and CPA's
John Giardinelli
Jensen and Roth
Steven Queen
Mahoney, Coppenrath & Jaffe
Raffee & Edwards
Alan Mohill
Tom Huntington
Gibbs, Gidion, Locher & Turner LLC
Tim Kulzelka
William Maxam
Young, Henrie, Humphries & Mason
Sachse, James, LoPardo
Brown, Winfield and Canzoneri
Lewis, D'Amato, Brisbois & Bisgaard LLP
The Law Office of Jerry Paulk
Tyler & Associates
Derek Thomas CPA
Jack Brown
Kirk Barber
Andrade and Associates
Granowitz, White & Weber
Beck, DeCorso, Daly & Kreindler
Randall Stamen
Law Office of Jon Lieberg
Law Office of Debra Zoller
Best, Best & Krieger
Rosenstein & Hitzman
The Knox Raphael Law Firm
Daniel Slate, Hughes, Hubbard & Reid
Robinson & Robinson
Oliva Associates
Prestininzi & Luebke
Wesierski & Zurek
Charles D. Nachand
Raul Garcia
Edward Nowakoski
James Vaughn, Stowell, Zeilenga, Ruth,
Vaughn & Treiger LLP
Glen Biondi, Giardinelli Law Group
Jack Ferguson, CPA
Builders & Developers
Century Homes
IHP
Forecast Development
Pacific Century Homes
Van Daele Homes
Pacifica Company
Rancon Development
Premier Homes
J.F. Development
Golden State Developers
Bethal Development
ICP Asset Management
Richland Properties
Coop Properties
Cameo Homes
Value Pacific Advisors
Centex Homes
Highpointe Development
Pac West Group
Trinity Housing Group
Ashby Development
RanPac
McMillin Companies
OGB Partners
CormanLeigh
G Companies
Pulte Homes
Lennar
Pacific Coast Developers
Pacific Development Group
Alberhill Ranch; Castle & Cooke
Government
City of Murrieta
County of Riverside
City of Temecula
Water Fowl Association
Riverside County EDA
City of Hemet
Murrieta County Water District
Riverside Department of Facilities Management
City of Lake Elsinore
Borrego Water District
City of Perris
Other
Pechanga Indians
Wendy's International
Evangelical Christian Credit Union
Dow Chemical
Bianchi Corporation
Diversified Management
Plant Equipment
Stretch Form Corporation
A & G Engineering
Maranatha Chapel
Calvary Chapel, Murrieta
The Church of Jesus Christ of Latter Day Saints
Fidelity Title Company
University of Redlands
State Farm Insurance
Small Business Administration
SEG Company (Chris Kramer)
Las Brisas Bible Fellowship
12/21
Other (continued)
Golden Era
Stuart Cellars Winery
Nationwide Insurance
Hanson -Wilson Civil Engineers
Lake Elsinore Unified School District
Epic Management
Azusa Pacific University
Mitsubishi Motor Company
North American Title Company
Riverside County Superintendent of Schools
All Mission Indian Housing Authority
Southern California Edison through Bob Perdue
12/21
4 Item No. 8
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: November 29, 2022
SUBJECT: Approve Third Amendment to Agreement with Mark Thomas & Company, Inc. for the I-15 Congestion Relief Project, PW19-02
PREPARED BY: Amer Attar, Engineering Manager
Avlin R. Odviar, Principal Civil Engineer
RECOMMENDATION: That the City Council:
1. Approve the third amendment to the agreement with Mark Thomas & Company, Inc., in the amount of $100,000, for additional contingency in support of the professional design and environmental services for the I-15 Congestion Relief Project, PW19-02; and
2. Increase the City Manager's authority to approve extra work authorizations by the same amount.
BACKGROUND: On September 10, 2019, the City Council approved the agreement for consultant services with Mark Thomas & Company, Inc. to provide professional design and environmental services for the I-15 Congestion Relief Project, PW19-02. The agreement, as amended, is for $1,001,568.00, plus $300,156.80 contingency under the City Manager's authority ($100,156.80 original contract contingency, $100,000 for the First Amendment, and another $100,000 for the Second Amendment).
Several extra work authorizations have been issued for services including additional geotechnical investigations and reporting, preparation and application for grant funding, design of additional retaining walls, additional environmental noise analysis and NEPA disqualification, additional water quality and traffic analyses, additional project management and plans preparation, and revalidation of the environmental document. This additional work has depleted 100% of the contingency, while additional work is needed to complete the design and environmental phases, such as converting the project plans and specifications to the latest 2022 Caltrans Standard Plans and Standard Specifications.
This Third Amendment adds $100,000 in contingency and allows for bringing additional services into the agreement through extra work authorizations. Approval of the Third Amendment results
in an agreement amount of $1,001,568.00 and a contingency amount of $400,156.80, for a total encumbrance of $1,401,724.80.
FISCAL IMPACT: The I-15 Congestion Relief Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal years 2023-27, and is funded with General Fund, Caltrans State Highway Operation and Protection Program (SHOPP), and the Pechanga Tribe through an executed Intergovernmental Agreement (IGA). There are sufficient project funds to cover the $100,000 associated with the Third Amendment.
ATTACHMENTS: 1. Amendment
2. CIP Budget Sheet
/q-;I34
THIRD AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND MARK THOMAS AND COMPANY, INC.
PW19-02 1-15 CONGESTION RELIEF
THIS THIRD AMENDMENT is made and entered into as of November 29, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Mark Thomas and Company, Inc., a Corporation (hereinafter referred to as "Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
This Amendment is made with the respect to the following facts and purposes:
a. On September 10, 2019, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services Between City of Temecula and Mark Thomas and Company, Inc., PW19-02 1-15 Congestion Relief," in the amount of $1,001,568.00, plus contingency in the amount of $100,156.80.
b. On December 23, 2020, the City and Consultant entered into the First Amendment to the Agreement to increase the contingency in the amount of $100,000.00.
C. On February 22, 2022, the City and Consultant entered into the Second Amendment to the Agreement to increase the contingency in the amount of $100,000.00. d. The parties now desire to increase the contingency in the amount of $100,000.00 and to amend the Agreement as set forth in this Amendment.
2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:
The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The THIRD Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) for Contingency for a total Agreement amount of One Million Four Hundred One Thousand Seven Hundred Twenty -Four Dollars and Eighty Cents ($ 1,401,724.80).
3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By:
Matt Rahn, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
Mark Thomas and Company, Inc.
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign
the agreement on behalf of the corporation.)
By: R, ff ,
Matt Brogan, Secretary
NA777By:
Rob Himes,
CONSULTANT
Mark Thomas and Company, Inc.
Bo Burick, Project Manager
16796 Von Karman Avenue, Suite 240
Irvine, CA 92606
949-677-7348
[email protected]
City Purchasing Mgr.
Initials and Date:
! 1 I '�
08/09/2021
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f
The Heart of Southern California
Wine Country
1-15 CONGESTION RELIEF
Circulation Project
Project Description: This project includes the design and construction of a single auxiliary lane, northbound Interstate 15 (1-15) connecting the Temecula Parkway on -ramp to the Rancho California Road off -ramp.
Benefit: This project provides an operational improvement to relieve congestion on northbound 1-15. It represents one of several operational improvements identified by the Move 1-15 Regional Task Force to address congestion on 1-15.
Core Value: Transportation Mobility and Connectivity
Project Status: Project is in the design and environmental clearance phase.
Department: Public Works - Account No. 210.265.999.609 / PW19-02 Level: I
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
THROUGH
TE fE UL
VALLEY
Project Cost:
Prior Years
Actuals
2021-22
Adjusted
2022-23
Proposed
Budget
2023-24 2024-25
Projected Projected
2025-26 2026-27
Projected Projected
Total Project
Cost
Administration
119,521
120,506
155,000
80,000
475,027
Construction
6,074,443
6,074,443
Construction Engineering
1,020,000
1,020,000
Design & Environmental
957,307
344,933
100,000
1,402,240
Total Expenditures
i 1,076,828
465,438
7,349,443
80,000
8,971,710
Source of Funds:
General Fund
1,351,725
190,542 79,443
1,621,710
Reim bursement-Pechanga IGA
2,500,000
2,500,000
Reimbursements
100,000
100,000
SHOPP
1,250,000
1,250,000
TUMF (CETAP/RCTC)
3,500,000
3,500,000
Total Funding
1,451,725
2,690,542 4,750,000 79,443
8,971,710
Future Operating & Maintenance Costs:
Total Operating Costs
Notes :
1. SHOPP - State Highway Operation and Protection Program and Minor Program
2. RCTC Agreement No. 22-73-032-00; City Agreement 2022-035
3. Reimbursement of $100,000 reflects contribution from the City of Murrieta 88 Item No. 9
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Betsy Lowrey, Assistant to the City Manager
DATE: November 29, 2022
SUBJECT: Approve a Second Amendment to the Disposition and Development Agreement with Alitra, LLC for the Disposition of Property Located on the Corner of Rancho California Road and Diaz Road (APN: 951-021-089) and a Portion of Diaz Road PREPARED BY: Christine Damko, Economic Development Manager RECOMMENDATION: That the City Council approve the second amendment to the disposition and development agreement (DDA) with Alitra, LLC, for the disposition and hotel development of the property located on the corner of Rancho California Road and Diaz Road (APN: 951-021-089) and a portion of Diaz Road.
BACKGROUND: The subject site, also known as the Rancho Cal/Diaz Property is a
3.64 acre remnant parcel as a result of the Diaz Road realignment project. The parcel was most recently used as a staging area for the Riverside County Flood Control/Army Corps of Engineers, Murrieta Creek Enhancement project. This project is complete, and the staging area is no longer needed by the Corps.
In fall 2017, a local hotel owner/operator, Mr. Michael Patel of Alitra, LLC, (Alitra) presented City Staff with a Letter of Interest (LOI) to purchase the subject property to build a hotel. Mr. Patel is also interested in utilizing a portion of Diaz Road as buildable space, which the City would need to vacate. Mr. Patel owns and operates several Marriott brand hotels in the Temecula Valley. Staff discussed the LOI with City Council in a closed session meeting. The Council supported entering into a DDA to facilitate the development with Alitra on June 12, 2018.
Alitra continued to actively engage and work with the City Planning and Public Works Departments in development conversations on architecture and site plan layout. Alitra also opened escrow and deposited $50,000 into the account in good faith of moving forward with the development and purchasing the property. In spring of 2020, COVID-19 spurred a worldwide economic and development shutdown causing Alitra to temporarily halt development conversations and planning, which ultimately caused Altria to miss the Schedule of Performance Deadlines listed in Exhibit B of the DDA.
The impacts of the pandemic on the tourism sector and specifically hotels are still felt today. As people ease back into traveling, the hotel market is steadily recovering. A sector that is also recovering is the construction materials and supply chain. A Second Amendment is requested to
give Mr. Patel enough time to develop a quality hotel project during this economic recovery.
The property is currently zoned Service Commercial (SC) which does not permit hotels. To accommodate a hotel at this location, a General Plan Amendment and Rezone is required. Alitra is aware of these requirements and will formally apply for these planning applications should they opt to move forward with acquisition and a Disposition and Development Agreement.
Temecula has a historically strong tourism industry and, as such, it has also created a strong economy and fiscal foundation for the City. Travel spending in the Temecula Valley has reached over $1 Billion with over 3 million visitors in 2019 (pre -pandemic). A hotel at this location creates another opportunity for continued support of the City's tourism sector.
FISCAL IMPACT: There is no fiscal impact associated with approval of the Amendment of the Disposition Development Agreement. Under the terms of the DDA, Alitra, LLC has already made an initial deposit of $10,000 to cover actual expenses incurred by the City and has deposited $50,000 into an escrow account.
ATTACHMENTS: Second Amendment to the Disposition and Development Agreement
SECOND AMENDMENT TO
THIS SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT (the "Amendment") is dated as of November 29, 2022 and is catered into by and between the CITY OF TEMECULA (the "City"), and ALITRA, LLC, a California limited liability company ("Developer").
RECITALS
A. City and Developer entered into that certain Disposition and Development Agreement dated March 26, 2019 ("Agreement").
B. On March 23, 2021, the City and Developer entered into that certain First Amendment to Disposition and Development Agreement to update the schedule of performance.
C. City and Developer desire to amend the Agreement as hereinafter set forth.
AGREEMENT
NOW, TBEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Second Amendment, the parties hereto agree as to amend the Agreement as follows:
1, Scheele of Performance. The Schedule of Performance that is attached to the Agreement as Exhibit "B" is hereby deleted and the new Schedule of Performance (Exhibit "B") attached to this Amendment is hereby substituted in lieu thereof.
2. Conflict. Except as amended herein, the Agreement remains in full force and effect. To the extent of any conflict between this Amendment and the Agreement, this Amendment shall govern.
3. Counterparts. This Amendment may be executed in one or more counterparts, each of'which shall be deemed as original but all of which together shall constitute one and the same instrument. Executed counterparts may be delivered by email to: (i) for the City, cliristiae.danik r]tcineculaca.gsLv; and (ii) for the Developer, [email protected].
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the day and year first above written.
DEVELOPER: CITY:
ALITRA, J�
By: (,
Tarisha l tel, Manager
and Member
CITY OF TEMECULA
By:
Print Name:
Title:
ATTEST:
HY:
Randi Johl
City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson
City Attorney
171N4r-c�
EXHIBIT "B"
SCHEDULE OF PERFORMANCE
This Schedule of Performance requires the submission of plans or other documents at specific times. Some of the submissions are not described in the text of the Agreement; some submissions in the text of the Agreement are not described below (and the below is not a comprehensive list of conditions to the Close of Escrow). Such plans or other documents, as submitted, must be complete and adequate for review by the City or other applicable governmental entity when submitted. Prior to the time set forth for each particular submission, the Developer shall consult with City staff informally as necessary concerning such submission in order to assure that such submission will be complete and in a proper form within the time for submission set forth herein.
Action
Date / Deadline
Items 1— 4 Relate to Developer Actions and
Re uirements Prior to the Close of Escrow
1. 012ening of Escrow. The Parties shall
Done; escrow number is 5913469.
o en escrow with the Escrow Holder.
2. Developer Deposit. The Developer shall
Done.
deposit the Developer Deposit with
Escrow Holder.
Condition to Close of Escrow
3. Entitlements. Zoning and height
approval.
4. Plans and Specs. Architectural,
Condition to Close of Escrow
engineering and construction drawing
revisions
Items 5 — 9 Relate to the Conveyance of the Land and Developer Actions and Requirements After the Close of Escrow
5. Close of Escrow. The Developer shall No later than December 31, 2025 purchase the Land from the City. (notwithstanding anything to the contrary in the text of the Agreement).
6. Commencement of Construction.
No later than 120 days after the Close of Escrow.
Developer shall substantially commence
grading/construction of the
Improvements.
7. Completion of Grading. Developer shall
Not later than 201 days following the
substantially complete the grading for
Commencement of Construction.
the Project.
8. Commencement of Vertical
Not later than 300 days following the
Construction. Developer shall
Commencement of Construction.
commence vertical construction.
11086-0001\2739929v1.doc
Action Date 1 Deadline
9. Com lotion. The Project shall be No later than 24 months after Commencement of completed. Construction.
11086-000112739929v1.doc
Item No. 10
ACTION MINUTES
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
NOVEMBER 15, 2022
CALL TO ORDER at 6:29 PM: Vice President Zak Schwank
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
CSD PUBLIC COMMENTS -None
CSD CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion by Rahn, Second by Schwank. The vote reflected unanimous approval.
11. Approve Action Minutes of October 25, 2022
Recommendation: That the Board of Directors approve the action minutes of October 25, 2022.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 6:32 PM, the Community Services District meeting was formally adjourned to Tuesday, November 29, 2022 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
James Stewart, President
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 11
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Jennifer Hennessy, Director of Finance
DATE: November 29, 2022
SUBJECT: Approve Financial Statements for the 4th Quarter Ended June 30, 2022 PREPARED BY: Jennifer Hennessy, Director of Finance
RECOMMENDATION: That the Board of Directors receive and file the financial statements for the 4th quarter ended June 30, 2022.
BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Temecula Community Services District for the 4th Quarter Ended June 30, 2022.
FISCAL IMPACT:
None
ATTACHMENTS: TCSD Fund Summaries
AMA
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Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 190 - TEMECULA COMMUNITY SERVICES DISTRICT FUND
2021-22
Year to Date
2021-22 Q4
% Change
2020-21
Current
Actuals
Revised Requested
from Current
Description
Actuals
Budget
6-30-2022
Budget Adjustments
Budget
Revenues by Source
Taxes and Franchises
Special Tax (Measure C)
1,892,962
1,872,625
1,923,561
1,872,625
0 0.0%
Licenses, Permits and Service Charges
Development Impact Fees
10 0
902
0 0 0.0%
Contract Classes
192,941
875,000
823,734
875,000
0 0.0%
Classes/Activities
41,700
27,262
59,239
27,262
0 0.0%
Facility Rentals
141,961
225,457
295,437
225,457
0 0.0%
Aquatics
151,008
109,912
227,981
109,912
0 0.0%
Museum Admissions
5,270
94,212
91,610
94,212
0 0.0%
Theater Admissions
743
233,000
266,927
233,000
0 0.0%
Sports Leagues & Tournaments
43,057
152,205
190,761
152,205
0 0.0%
Day Camps
75,437
59,540
113,187
59,540
0 0.0%
Fines and Forfeitures
Fines & Forfeitures
0 50
50 50
0 0.0%
Use of Money and Property
Investment Interest
2,351
600
(25,199)
600
0 0.0%
Reimbursements
Other Reimbursements
97,281
247,307
172,308
247,307
0 0.0%
Operating Transfers In
Contribution From Measure S
7,897,243
10,002,131
10,002,131
10,002,131
0 0.0%
Miscellaneous
Miscellaneous
(6,356)
52,860
94,479
52,860
0 0.0%
Total Revenues and Other Sources
10,535,608
13,952,161
14,237,109
13,952,161
0 0.0%
Expenditures by Category
Salaries & Benefits
6,382,842
7,777,255
7,802,743
7,777,255
0 0.0%
Operations & Maintenance
2,188,638
4,517,244
3,908,938
4,517,244
0 0.0%
Internal Service Fund Allocations
1,563,188
1,983,825
1,942,165
1,983,825
0 0.0%
Capital Outlay
7,738
254,828
248,732
254,828
0 0.0%
Total Expenditures and Other Financing Uses
10,142,407
14,533,153
13,902,578
14,533,153
0 0.0%
Excess of Revenues Over (Under) Expenditures
393,201
(580,992)
334,531
(580,992)
0 0.0%
Fund Balance, Beginning of Year
845,744
1,238,945
1,238,945
1,238,945
Fund Balance, End of Year
1,238,945
657,953
1,573,475
657,953
Fund Description
Citywide Operations reflects the collection of the Special Tax (Measure C) charged to households for recreation programs as
well as fees
for classes and activities. Accounts for facility operations, maintenance, and community recreation programs. Measure C was approved by
residents in 1997 at a rate of $74.44 per parcel for
the purpose of
maintaining the City's parks, recreation facilities, arerial street lighting
and traffic signals. The Special Tax revenue is allocated equally between TCSD and the General
Fund to fund both recreation
programs and
parks maintenance.
0]]
City of Temecula
Fiscal Year 2021-22
( The Heart of Southern California Quarterly Budget Report Wine Country
FUND: 191 - TCSD SERVICE LEVEL "B" STREETLIGHT REPLACEMENT FUND 2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Operating Transfers In
Operating Transfers In
0 815,413
852,930
815,413
0 0.0%
Total Revenues and Other Sources
0 815,413
852,930
815,413
0 0.0%
Expenditures by Category
Operations & Maintenance
0 0
87 0
0 0.0%
Total Expenditures and Other Financing Uses
0 0
87 0
0 0.0%
Excess of Revenues Over (Under) Expenditures
0 815,413
852,843
815,413
0 0.0%
Fund Balance, Beginning of Year
0 0
0 Fund Balance, End of Year
0 815,413
852,843
815,413
Fund Description
This fund was established to accumulate resources for the replacement of street light equipment, poles and lightbulbs, as the City has acquired street lights from Southern California Edison.
0]]
City of Temecula
Fiscal Year 2021-22
( The Heart of Southern California Quarterly Budget Report Wine Country
FUND: 192 - TCSD SERVICE LEVEL "B" STREET LIGHTS FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
648,259
640,767
640,790
640,767
0 0.0%
Use of Money and Property
Investment Interest
663
1,378
(6,965)
1,378
0 0.0%
Operating Transfers In
Contribution From Measure S
73,168
0 0
0 0
0.0%
Total Revenues and Other Sources
722,090
642,145
633,825
642,145
0 0.0%
Expenditures by Category
Transfers
0 815,413
852,930
815,413
0 0.0%
Salaries & Benefits
9,984
104
0 104
0 0.0%
Operations & Maintenance
207,836
319,265
285,166
319,265
0 0.0%
Total Expenditures and Other Financing Uses
217,820
1,134,782
1,138,096
1,134,782
0 0.0%
Excess of Revenues Over (Under) Expenditures
504,271
(492,637)
(504,271)
(492,637)
0 0.0%
Fund Balance, Beginning of Year
257,367
761,638
761,638
761,638
Fund Balance, End of Year
761,638
269,000
257,366
269,000
Fund Description
Service Level B reflects the collection of benefit assessments charged to property owners. Service Level B includes only those parcels within residential subdivisions that receive residential street lighting services. This service level includes operational, administrative, maintenance and utility costs of residential street lights.
ll]]
City of Temecula
Fiscal Year 2021-22
( The Heart of Southern California Quarterly Budget Report Wine Country
FUND: 194 - TCSD SERVICE LEVEL "D" REFUSE/RECYCLING FUND 2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
8,664,212
8,633,354
8,913,039
8,633,354
0 0.0%
Recycling Program
5,000
18,500
5,000
18,500
0 0.0%
Use of Money and Property
Investment Interest
2,349
1,500
(872)
1,500
0 0.0%
Miscellaneous
Miscellaneous
0 23,000
0 23,000
0 0.0%
Total Revenues and Other Sources
8,671,561
8,676,354
8,917,167
8,676,354
0 0.0%
Expenditures by Category
Salaries & Benefits
62,606
64,083
67,898
64,083
0 0.0%
Operations & Maintenance
8,569,988
8,753,679
8,756,428
8,753,679
0 0.0%
Total Expenditures and Other Financing Uses
8,632,594
8,817,762
8,824,325
8,817,762
0 0.0%
Excess of Revenues Over (Under) Expenditures
38,967
(141,408)
92,842
(141,408)
0 0.0%
Fund Balance, Beginning of Year
147,821
186,788
186,788
186,788
Fund Balance, End of Year
186,788
45,380
279,630
45,380
Fund Description
Service Level D Fund is used to collect benefit assessments charged to property owners for the purpose of providing refuse collection,
recycling, and street sweeping throughout the City, which is provided by CR&R. In addition, Service
Level D has received
grants to increase
recycling efforts Citywide.
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Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 195 - TCSD SERVICE LEVEL "R" STREET/ROAD MAINT FUND 2021-22
Year to Date
2021-22 Q4
% Change
2020-21
Current
Actuals
Revised Requested
from Current
Description
Actuals
Budget
6-30-2022
Budget Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
5,878
0 115
0 0 0.0%
Use of Money and Property
Investment Interest
76 0
(201)
0 0 0.0%
Reimbursements
Other Reimbursements
7,050
0 0
0 0 0.0%
Total Revenues and Other Sources
13,004
0 (86)
0 0 0.0%
Expenditures by Category
Operations & Maintenance
3,094
10,000
3,321
10,000
0 0.0%
Total Expenditures and Other Financing Uses
3,094
10,000
3,321
10,000
0 0.0%
Excess of Revenues Over (Under) Expenditures
9,910
(10,000)
(3,407)
(10,000)
0 0.0%
Fund Balance, Beginning of Year
20,778
30,688
30,688
30,688
Fund Balance, End of Year
30,688
20,688
27,281
20,688
Fund Description
Service Level R Fund reflects the operational, administrative, construction and maintenance costs for certain unpaved roads that become inaccessible after inclement weather. Zone R-1 provides service in the Nicolas/Liefer Road area. The maximum rate that can be charged for Zone R-1 for an improved parcel is $115.26 and for an unimproved parcel is $57.62.
AMA
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Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 196 - TCSD SERVICE LEVEL "L" LAKE PARK MAINT. FUND 2021-22
Year to Date
2021-22 Q4
% Change
2020-21
Current
Actuals
Revised Requested
from Current
Description
Actuals
Budget
6-30-2022
Budget Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
257,591
249,197
250,186
249,197
0 0.0%
Harveston Lake Boat Revenue
5,626
4,200
7,211
4,200
0 0.0%
Use of Money and Property
Investment Interest
1,273
2,650
(3,145)
2,650
0 0.0%
Miscellaneous
Miscellaneous
390
0 0
0 0 0.0%
Total Revenues and Other Sources
264,880
256,047
254,252
256,047
0 0.0%
Expenditures by Category
Salaries & Benefits
26,921
29,093
29,581
29,093
0 0.0%
Operations & Maintenance
246,987
285,604
257,342
285,604
0 0.0%
Total Expenditures and Other Financing Uses
273,908
314,697
286,922
314,697
0 0.0%
Excess of Revenues Over (Under) Expenditures
(9,028)
(58,650)
(32,670)
(58,650)
0 0.0%
Fund Balance, Beginning of Year
418,989
409,961
409,961
409,961
Fund Balance, End of Year
409,961
351,310
377,291
351,310
Fund Description
Service Level L Fund reflects the benefit assessments charged to property owners for the purpose of maintaining the Harveston Lake Park.
Expenditures include operational, administrative and maintenance costs.
AMA
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FUND: 197 - TEMECULA LIBRARY FUND
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
2021-22
Year to Date
2021-22 Q4
% Change
2020-21
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2022
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Printing & Copies
2,720
6,419
6,924
6,419
0 0.0%
Fines and Forfeitures
Fines & Forfeitures
4,546
16,000
25,446
16,000
0 0.0%
Use of Money and Property
Investment Interest
987
3,000
(4,206)
3,000
0 0.0%
Lease/Rental Income
(1,152)
8,120
10,268
8,120
0 0.0%
Reimbursements
Capital Improvement Program
19 0
0 0
0 0.0%
Operating Transfers In
Contribution From Measure S
847,181
947,149
947,149
947,149
0 0.0%
Total Revenues and Other Sources
854,302
980,688
985,581
980,688
0 0.0%
Expenditures by Category
Salaries & Benefits
129,026
147,073
158,714
147,073
0 0.0%
Operations & Maintenance
286,383
553,603
511,742
553,603
0 0.0%
Internal Service Fund Allocations
289,564
378,501
321,367
378,501
0 0.0%
Total Expenditures and Other Financing Uses
704,973
1,079,177
991,823
1,079,177
0 0.0%
Excess of Revenues Over (Under) Expenditures
149,328
(98,489)
(6,242)
(98,489)
0 0.0%
Fund Balance, Beginning of Year
382,653
531,981
531,981
531,981
Fund Balance, End of Year
531,981
433,492
525,740
433,492
Fund Description
The Library Fund is used to account for the maintenance and operations of the Ronald H. Roberts Temecula Public Library on Pauba Road.
AMA
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Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 198 - PUBLIC ART FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Public Art 34,281 64,188 41,837 64,188 0 0.0%
Use of Money and Property
Investment Interest 186 500 (941) 500 0 0.0%
Total Revenues and Other Sources 34,467 64,688 40,896 64,688 0 0.0% Excess of Revenues Over (Under) Expenditures 34,467 64,688 40,896 64,688 0 0.0% Fund Balance, Beginning of Year 56,632 91,099 91,099 91,099 Fund Balance, End of Year 91,099 155,787 131,994 155,787 Fund Description
This fund was established pursuant to Temecula Municipal Code Section 5.08.040, whereby the fund serves a a depository for the fees paid in lieu of art as well as monetary donations for public art. The Public Art In Lieu fee is one -tenth of one percent of an eligible development project in excess of $100,000. Eligble uses of this fund include the design, acquisition, installation, improvement, maintenance and insurance of public artwork; offering of performing arts programs on City property for the community; and art education programs on City property for the community.
AMA
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Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 501 - SERVICE LEVEL"C"ZONE 1 SADDLEWOOD FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments 38,597 37,932 37,944 37,932 0 0.0%
Use of Money and Property
Investment Interest 25 6 (98) 6 0 0.0%
Total Revenues and Other Sources 38,622 37,938 37,846 37,938 0 0.0% Expenditures by Category
Salaries & Benefits 2 3 2 3 0 0.0%
Operations & Maintenance 36,046 41,817 39,158 41,817 0 0.0% Total Expenditures and Other Financing Uses 36,048 41,820 39,161 41,820 0 0.0% Excess of Revenues Over (Under) Expenditures 2,574 (3,882) (1,315) (3,882) 0 0.0% Fund Balance, Beginning of Year 11,759 14,333 14,333 14,333 Fund Balance, End of Year 14,333 10,451 13,018 10,451
Fund Description
Service Level C Fund reflects the collection of benefit assessments charged to property owners for the purpose of providing perimeter landscaping and slope maintenance throughout the City. Service Level C assesses only those parcels within residential subdivisions receiving TCSD perimeter landscaping and slope maintenance and are separated into 32 zones. The rate levels for Zones 6 and 29, are subject to a Consumer Price Index -Urban Consumers (CPI-U) annual inflator while all other rate levels will not increase. Zones 30-32 will not be assessed, as the property owners have elected to have the landscaping maintained by the respective Homeowner's Associations IHr)A0
AMA
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 502 - SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK FUND 2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
43,056
316
42,542
715
42,659
(864)
42,542
715
0 0
0.0%
0.0%
43,373
43,257
41,795
43,257
0 0.0%
36 37,992
27 38,723
27 36,678
27 38,723
0 0
0.0%
0.0%
38,028
38,750
36,705
38,750
0 0.0%
5,344
4,507
5,090
4,507
0 0.0%
106,329
111,673
111,673
111,673
111,673
116,181
116,763
116,181
AMA
0-3
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 503 - SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS FUND 2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
47,394
118
47,328
220
47,534
(362)
47,328
220
0 0
0.0%
0.0%
47,512
47,548
47,171
47,548
0 0.0%
25 42,730
27 45,181
27 35,529
27 45,181
0 0
0.0%
0.0%
42,755
45,208
35,557
45,208
0 0.0%
4,757
2,340
11,615
2,340
0 0.0%
41,707
46,464
46,464
46,464
46,464
48,804
58,079
48,804
AMA
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 504 - SERVICE LEVEL"C"ZONE 4 THE VINEYARDS FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
6,371
10 6,394
18 6,394
(36)
6,394
18 0
0 0.0%
0.0%
6,381
6,412
6,358
6,412
0 0.0%
27 5,833
27 7,124
102
5,171
27 7,124
0 0
0.0%
0.0%
5,861
7,151
5,273
7,151
0 0.0%
521
(739)
1,085
(739)
0 0.0%
4,206
4,727
4,727
4,727
4,727
3,988
5,812
3,988
AMA
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 505 - SERVICE LEVEL"C"ZONE 5 SIGNET SERIES FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
39,571
73 39,025
130
39,365
(211)
39,025
130
0 0
0.0%
0.0%
39,644
39,155
39,154
39,155
0 0.0%
36 35,548
27 51,920
27 48,406
27 51,920
0 0
0.0%
0.0%
35,584
51,946
48,434
51,946
0 0.0%
4,060
(12,791)
(9,280)
(12,791)
0 0.0%
27,142
31,202
31,202
31,202
31,202
18,410
21,922
18,410
AMA
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 506 - SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY FUND 2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
27,104
114
27,260
240
27,266
(308)
27,260
240
0 0
0.0%
0.0%
27,218
27,500
26,957
27,500
0 0.0%
25 29,541
27 25,494
27 24,043
27 25,494
0 0
0.0%
0.0%
29,566
25,520
24,071
25,520
0 0.0%
(2,348)
1,980
2,887
1,980
0 0.0%
39,248
36,900
36,900
36,900
36,900
38,880
39,787
38,880
AMA
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 507 - SERVICE LEVEL"C"ZONE 7 RIDGEVIEW FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
15,593
19 15,308
26 15,314
(70)
15,308
26 0
0 0.0%
0.0%
15,611
15,334
15,245
15,334
0 0.0%
13 13,177
3 19,134
2 17,757
3 19,134
0 0
0.0%
0.0%
13,190
19,137
17,759
19,137
0 0.0%
2,421
(3,803)
(2,514)
(3,803)
0 0.0%
7,571
9,992
9,992
9,992
9,992
6,190
7,478
6,190
AMA
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 508 - SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE FUND
2021-22
Year to Date
2021-22 Q4
% Change
2020-21
Current
Actuals
Revised Requested
from Current
Description
Actuals
Budget
6-30-2022
Budget Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
138,618
137,025
137,155
137,025
0 0.0%
Use of Money and Property
Investment Interest
303
530
(816)
530
0 0.0%
Total Revenues and Other Sources
138,921
137,555
136,339
137,555
0 0.0%
Expenditures by Category
Salaries & Benefits
12,680
13,273
13,643
13,273
0 0.0%
Operations & Maintenance
129,863
121,106
114,724
121,106
0 0.0%
Total Expenditures and Other Financing Uses
142,543
134,379
128,368
134,379
0 0.0%
Excess of Revenues Over (Under) Expenditures
(3,622)
3,176
7,971
3,176
0 0.0%
Fund Balance, Beginning of Year
113,379
109,757
109,757
109,757
Fund Balance, End of Year
109,757
112,933
117,729
112,933
Fund Description
0]]
City of Temecula
Fiscal Year 2021-22
( The Heart of Southern California Quarterly Budget Report Wine Country
FUND: 509 - SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
5,133
88 5,106
210
5,106
(237)
5,106
210
0 0
0.0%
0.0%
5,221
5,316
4,869
5,316
0 0.0%
3 3,150
3 5,185
2 3,785
3 5,185
0 0
0.0%
0.0%
3,153
5,188
3,787
5,188
0 0.0%
2,067
128
1,081
128
0 0.0%
28,997
31,064
31,064
31,064
31,064
31,192
32,146
31,192
AMA
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The Heart of Southern California
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City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 510 - SERVICE LEVEL"C"ZONE 10 MARTINIQUE FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
9,802
38 9,744
80 9,744
(102)
9,744
80 0
0 0.0%
0.0%
9,840
9,824
9,642
9,824
0 0.0%
30 8,255
27 10,378
27 10,203
27 10,378
0 0
0.0%
0.0%
8,284
10,405
10,230
10,405
0 0.0%
1,556
(581)
(588)
(581)
0 0.0%
13,326
14,882
14,882
14,882
14,882
14,301
14,294
14,301
AMA
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 511 - SERVICE LEVEL"C"ZONE 11 MEADOWVIEW FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
2,450
9 2,450
20 2,450
(29)
2,450
20 0
0 0.0%
0.0%
2,459
2,470
2,421
2,470
0 0.0%
3 1,969
3 3,368
2 2,854
3 3,368
0 0
0.0%
0.0%
1,972
3,371
2,856
3,371
0 0.0%
488
(901)
(435)
(901)
0 0.0%
3,435
3,923
3,923
3,923
3,923
3,022
3,488
3,022
AMA
0-3
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 512 - SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
99,464
318
96,396
665
96,326
(733)
96,396
665
0 0
0.0%
0.0%
99,782
97,061
95,594
97,061
0 0.0%
6,421
93,509
6,637
130,423
6,821
119,428
6,637
130,423
0 0
0.0%
0.0%
99,931
137,060
126,249
137,060
0 0.0%
(149)
(39,999)
(30,656)
(39,999)
0 0.0%
117,007
116,858
116,858
116,858
116,858
76,860
86,203
76,860
AMA
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 513 - SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP FUND 2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
35,020
75 34,224
140
34,173
(218)
34,224
140
0 0
0.0%
0.0%
35,096
34,364
33,955
34,364
0 0.0%
635
31,716
664
32,539
684
29,369
664
32,539
0 0
0.0%
0.0%
32,351
33,203
30,052
33,203
0 0.0%
2,744
1,161
3,902
1,161
0 0.0%
28,031
30,775
30,775
30,775
30,775
31,937
34,678
31,937
AMA
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 514 - SERVICE LEVEL"C"ZONE 14 MORRISON HOMES FUND 2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
15,041
28 14,774
50 14,774
(95)
14,774
50 0
0 0.0%
0.0%
15,069
14,824
14,679
14,824
0 0.0%
5 13,192
3 16,297
2 14,806
3 16,297
0 0
0.0%
0.0%
13,197
16,300
14,808
16,300
0 0.0%
1,872
(1,476)
(129)
(1,476)
0 0.0%
10,439
12,311
12,311
12,311
12,311
10,835
12,182
10,835
AMA
0-3
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 515 - SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES FUND 2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
9,713
28 9,800
60 9,904
(92)
9,800
60 0
0 0.0%
0.0%
9,741
9,860
9,812
9,860
0 0.0%
5 8,181
3 11,702
2 10,090
3 11,702
0 0
0.0%
0.0%
8,186
11,705
10,092
11,705
0 0.0%
1,555
(1,845)
(280)
(1,845)
0 0.0%
10,458
12,013
12,013
12,013
12,013
10,168
11,733
10,168
AMA
0-3
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 516 - SERVICE LEVEL"C"ZONE 16 TRADEWINDS FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Transfers
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
38,150 37,800 38,022 37,800 0 0.0%
169
370
(542)
370
0 0.0%
38,319
38,170
37,480
38,170
0 0.0%
0 637
28,010
21,500
664
35,440
0 684
20,918
21,500
664
35,440
0 0
0 0.0%
0.0%
0.0%
28,647
57,604
21,601
57,604
0 0.0%
9,672
(19,434)
15,879
(19,434)
0 0.0%
56,539
66,211
66,211
66,211
66,211
46,777
82,090
46,777
AMA
0-3
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 517 - SERVICE LEVEL"C"ZONE 17 MONTE VISTA FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
2,116
5 2,116
10 2,116
(17)
2,116
10 0
0 0.0%
0.0%
2,121
2,126
2,099
2,126
0 0.0%
2 1,714
3 2,110
2 1,823
3 2,110
0 0
0.0%
0.0%
1,716
2,113
1,826
2,113
0 0.0%
405
13 273
13 0
0.0%
1,888
2,293
2,293
2,293
2,293
2,306
2,566
2,306
AMA
0-3
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 518 - SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Transfers
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
96,445 94,010 93,342 94,010 0 0.0%
148
224
(473)
224
0 0.0%
96,593
94,234
92,869
94,234
0 0.0%
0 3,789
88,495
10,000
3,982
110,107
0 4,094
98,813
10,000
3,982
110,107
0 0
0 0.0%
0.0%
0.0%
92,283
124,089
102,906
124,089
0 0.0%
4,310
(29,855)
(10,037)
(29,855)
0 0.0%
57,983
62,293
62,293
62,293
62,293
32,438
52,256
32,438
AMA
0-3
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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 519 - SERVICE LEVEL"C"ZONE 19 CHANTEMAR FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
54,852
293
54,450
600
54,612
(604)
54,450
600
0 0
0.0%
0.0%
55,144
55,050
54,009
55,050
0 0.0%
5,263
58,274
5,575
51,116
5,731
48,160
5,575
51,116
0 0
0.0%
0.0%
63,538
56,691
53,891
56,691
0 0.0%
(8,393)
(1,641)
118
(1,641)
0 0.0%
96,147
87,754
87,754
87,754
87,754
86,113
87,872
86,113
AMA
0-3
\� a`
C7""� 1 1
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 520 - SERVICE LEVEL"C"ZONE 20 CROWNE HILL FUND
2021-22
Year to Date
2021-22 Q4
% Change
2020-21
Current
Actuals
Revised Requested
from Current
Description
Actuals
Budget
6-30-2022
Budget Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
181,358
177,975
177,513
177,975
0 0.0%
Use of Money and Property
Investment Interest
654
1,360
(1,698)
1,360
0 0.0%
Total Revenues and Other Sources
182,013
179,335
175,815
179,335
0 0.0%
Expenditures by Category
Transfers
0 30,803
0 30,803
0 0.0%
Salaries & Benefits
12,625
13,273
13,638
13,273
0 0.0%
Operations & Maintenance
167,717
161,142
139,232
161,142
0 0.0%
Total Expenditures and Other Financing Uses
180,343
205,218
152,870
205,218
0 0.0%
Excess of Revenues Over (Under) Expenditures
1,670
(25,883)
22,944
(25,883)
0 0.0%
Fund Balance, Beginning of Year
231,135
232,805
232,805
232,805
Fund Balance, End of Year
232,805
206,922
255,750
206,922
Fund Description
AMA
0-3
\� a`
C7""� 1 1
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 521 - SERVICE LEVEL"C"ZONE 21 VAIL RANCH FUND
2021-22
Year to Date
2021-22 Q4
% Change
2020-21
Current
Actuals
Revised Requested
from Current
Description
Actuals
Budget
6-30-2022
Budget Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
232,438
228,201
228,591
228,201
0 0.0%
Use of Money and Property
Investment Interest
656
1,250
(1,227)
1,250
0 0.0%
Total Revenues and Other Sources
233,094
229,451
227,365
229,451
0 0.0%
Expenditures by Category
Salaries & Benefits
23,888
25,219
25,952
25,219
0 0.0%
Operations & Maintenance
245,057
223,368
211,908
223,368
0 0.0%
Total Expenditures and Other Financing Uses
268,944
248,587
237,860
248,587
0 0.0%
Excess of Revenues Over (Under) Expenditures
(35,850)
(19,136)
(10,495)
(19,136)
0 0.0%
Fund Balance, Beginning of Year
231,569
195,719
195,719
195,719
Fund Balance, End of Year
195,719
176,582
185,223
176,582
Fund Description
AMA
0-3
\� a`
C7""� 1 1
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 522 - SERVICE LEVEL"C"ZONE 22 SUTTON PLACE FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
4,466
28 4,408
64 4,408
(79)
4,408
64 0
0 0.0%
0.0%
4,494
4,472
4,329
4,472
0 0.0%
4 3,442
3 5,622
2 3,793
3 5,622
0 0
0.0%
0.0%
3,446
5,625
3,796
5,625
0 0.0%
1,048
(1,153)
534
(1,153)
0 0.0%
9,659
10,707
10,707
10,707
10,707
9,555
11,241
9,555
0]]
City of Temecula
Fiscal Year 2021-22
( The Heart of Southern California Quarterly Budget Report Wine Country
FUND: 523 - SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
8,779
62 8,400
145
8,363
(188)
8,400
145
0 0
0.0%
0.0%
8,841
8,545
8,175
8,545
0 0.0%
41 6,426
53 7,197
54 4,401
53 7,197
0 0
0.0%
0.0%
6,467
7,250
4,455
7,250
0 0.0%
2,374
1,295
3,720
1,295
0 0.0%
21,293
23,667
23,667
23,667
23,667
24,962
27,387
24,962
AMA
0-3
\� a`
C7""� 1 1
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 524 - SERVICE LEVEL"C"ZONE 24 HARVESTON FUND
2021-22
Year to Date
2021-22 Q4
% Change
2020-21
Current
Actuals
Revised Requested
from Current
Description
Actuals
Budget
6-30-2022
Budget Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
165,046
162,100
162,547
162,100
0 0.0%
Use of Money and Property
Investment Interest
159
120
(302)
120
0 0.0%
Total Revenues and Other Sources
165,205
162,220
162,246
162,220
0 0.0%
Expenditures by Category
Salaries & Benefits
10,095
10,619
10,927
10,619
0 0.0%
Operations & Maintenance
164,365
165,057
155,928
165,057
0 0.0%
Total Expenditures and Other Financing Uses
174,459
175,675
166,855
175,675
0 0.0%
Excess of Revenues Over (Under) Expenditures
(9,255)
(13,455)
(4,609)
(13,455)
0 0.0%
Fund Balance, Beginning of Year
64,701
55,446
55,446
55,446
Fund Balance, End of Year
55,446
41,991
50,837
41,991
Fund Description
AMA
0-3
\� a`
C7""� 1 1
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 525 - SERVICE LEVEL"C"ZONE 25 SERENA HILLS FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
44,736
195
44,000
420
43,913
(492)
44,000
420
0 0
0.0%
0.0%
44,931
44,420
43,421
44,420
0 0.0%
1,269
41,962
1,327
41,713
1,366
41,115
1,327
41,713
0 0
0.0%
0.0%
43,231
43,041
42,481
43,041
0 0.0%
1,700
1,379
940
1,379
0 0.0%
68,272
69,972
69,972
69,972
69,972
71,351
70,912
71,351
0]]
City of Temecula
Fiscal Year 2021-22
( The Heart of Southern California Quarterly Budget Report Wine Country
FUND: 526 - SERVICE LEVEL"C"ZONE 26 GALLERY TRADITION FUND 2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
2,430
4 2,160
7 2,025
(14)
2,160
7 0
0 0.0%
0.0%
2,434
2,167
2,011
2,167
0 0.0%
3 1,793
3 2,036
2 1,929
3 2,036
0 0
0.0%
0.0%
1,795
2,039
1,931
2,039
0 0.0%
638
129
80 129
0 0.0%
1,283
1,921
1,921
1,921
1,921
2,050
2,001
2,050
AMA
0-3
\� a`
C7""� 1 1
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 527 - SERVICE LEVEL"C"ZONE 27 AVONDALE FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
9,371
25 9,100
43 9,071
(68)
9,100
43 0
0 0.0%
0.0%
9,396
9,143
9,003
9,143
0 0.0%
28 9,292
27 7,870
27 8,605
27 7,870
0 0
0.0%
0.0%
9,321
7,897
8,632
7,897
0 0.0%
75 1,246
371
1,246
0 0.0%
9,186
9,261
9,261
9,261
9,261
10,508
9,632
10,508
AMA
0-3
\� a`
C7""� 1 1
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 528 - SERVICE LEVEL"C"ZONE 28 WOLF CREEK FUND
2021-22
Year to Date
2021-22 Q4
% Change
2020-21
Current
Actuals
Revised Requested
from Current
Description
Actuals
Budget
6-30-2022
Budget Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
236,513
232,974
234,250
232,974
0 0.0%
Use of Money and Property
Investment Interest
303
2,370
(5,457)
2,370
0 0.0%
Total Revenues and Other Sources
236,816
235,344
228,793
235,344
0 0.0%
Expenditures by Category
Transfers
0 300,000
28,346
300,000
0 0.0%
Salaries & Benefits
25,097
26,546
27,314
26,546
0 0.0%
Operations & Maintenance
271,041
209,045
216,874
209,045
0 0.0%
Total Expenditures and Other Financing Uses
296,138
535,591
272,534
535,591
0 0.0%
Excess of Revenues Over (Under) Expenditures
(59,322)
(300,247)
(43,741)
(300,247)
0 0.0%
Fund Balance, Beginning of Year
395,420
336,098
336,098
336,098
Fund Balance, End of Year
336,098
35,851
292,357
35,851
Fund Description
AMA
0-3
\� a`
C7""� 1 1
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 529 - SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT FUND 2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Salaries & Benefits
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
3,754
10 4,249
21 5,301
(53)
4,249
21 0
0 0.0%
0.0%
3,764
4,270
5,248
4,270
0 0.0%
4 2,114
3 4,424
2 2,201
3 4,424
0 0
0.0%
0.0%
2,117
4,427
2,202
4,427
0 0.0%
1,647
(157)
3,046
(157)
0 0.0%
3,548
5,195
5,195
5,195
5,195
5,038
8,240
5,038
Alk
The Heart of Southern California
Wine Country
ju
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
FUND: 530 - SERVICE LEVEL"C"ZONE 30 FUTURE ZONES FUND
2021-22 Year to Date 2021-22 Q4 % Change
2020-21 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2022 Budget Adjustments Budget Revenues by Source
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
110
268
(268)
268 0 0.0%
110
268
(268)
268 0 0.0%
110
268
(268)
268 0 0.0%
36,220
36,330
36,330
36,330
36,330
36,598
36,062
36,598
Item No. 12
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: November 29, 2022
SUBJECT: Adopt Resolutions Regarding Annexation of Tract Map Numbers 37341-1 through 37341-10, within Sommers Bend, to Service Level B (Residential Street Lights) Rates and Charges (Located on East Side of Butterfield Stage Road and North of Long Valley Wash)
PREPARED BY: Ron Moreno, Principal Engineer/City Surveyor Annie Bostre-Le, Public Works Development Manager
RECOMMENDATION: That the Board of Directors adopt resolutions entitled:
RESOLUTION NO. CSD
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT OF THE
CITY OF TEMECULA, DECLARING INTENTION TO ANNEX
PROPERTY TO SERVICE LEVEL B - RESIDENTIAL STREET
LIGHTS AND TO LEVY ASSESSMENTS ON SUCH
PROPERTY FOR FISCAL YEAR 2023-24, APPROVING THE
ENGINEER'S REPORT, AND SETTING THE DATE, TIME
AND PLACE OF A PUBLIC HEARING ON THE PROPOSED
ANNEXATION AND ASSESSMENTS
RESOLUTION NO. CSD
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT OF THE
CITY OF TEMECULA, INITIATING PROCEEDINGS TO
ANNEX PROPERTY TO SERVICE LEVEL B FOR FISCAL
YEAR 2023-24
BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting to numerous residential subdivisions within the City of Temecula through Service Level `B". The
boundaries of the TCSD are coterminous with the City, and City Council serves as the Board of Directors of the TCSD.
Tract Map Numbers 37341-1 through 37341-10, within Sommers Bend, formerly known as Roripaugh Ranch is an existing residential development. On November 26, 2002, the City Council approved the Roripaugh Ranch Specific Plan with private streets. On January 23, 2018, the City Council approved the Roripaugh Ranch Specific Plan Amendment Number 4, which included a slight realignment and removal of gated entries on Sommers Bend (Loop Road) and interior local streets were revised to comply with updated fire safety requirements. These improvements allowed the roadway and street lights to be publicly dedicated as accepted on Tract Map 37368 recorded on July 25, 2019.
The property owner has requested that the TCSD establish the future parcel charges necessary to provide ongoing revenue for residential street lighting within the development. Beginning Fiscal Year 2023-2024, the following TCSD rates and charges are proposed for residential street lighting services within Tract Map Numbers 37341-1 through 37341-10:
Service Level B $ 25.68 per residential parcel
Pursuant to the provisions of Proposition 218, the TCSD is required to hold a public hearing and obtain voter or property owner approval in order to establish certain new rates and charges. In addition, a report must be prepared and filed with the Secretary/City Clerk which identifies all of the affected parcels and the amount of the proposed rates and charges and date of the Public Hearing. The Public Hearing is held at least 45 days after the mailing of the notices. If the proposed rates and charges are not rejected pursuant to a written protest, then the TCSD will conduct a mailed ballot proceeding not less than 45 days after the public hearing. The proposed rates and charges for Service Level B cannot be imposed unless the property owners have approved the new charges.
Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed residential street lighting rates and charges for Tract Map Numbers 37341-1 through 37341-10, beginning in Fiscal Year 2023-2024 and schedule a public hearing concerning this issue for January 24, 2023. Staff will then proceed with noticing the owner of Tract Map Numbers 37341-1 through 37341-10, regarding the proposed rates and charges and the public hearing date. If there is no majority protest against the rates and charges on January 24, 2023, staff with then proceed with the mailed ballot process of Service Level B.
FISCAL IMPACT: If voter approved, the proposed rates and charges of $25.68 per parcel will generate an annual levy of $13,995.60 for Service Level B. Actual costs for providing long-term residential street lighting services within Tract Map Numbers 37341-1 through 37341- 10 will be absorbed into Service Level B upon installation of said improvements.
ATTACHMENTS: 1. Vicinity Map
2. Resolution of Intention
3. Exhibit A
4. Resolution of Initiating Proceedings
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RESOLUTION NO. CSD 2022-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT OF THE
CITY OF TEMECULA, DECLARING INTENTION TO
ANNEX PROPERTY TO SERVICE LEVEL B -
RESIDENTIAL STREET LIGHTS AND TO LEVY
ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR
2023-24, APPROVING THE ENGINEER'S REPORT, AND
SETTING THE DATE, TIME AND PLACE OF A PUBLIC
HEARING ON THE PROPOSED ANNEXATION AND
ASSESSMENTS
WHEREAS, the Board of Directors (the "Board") of the Temecula Community Services District (the "District") of the City of Temecula has initiated proceedings for the annexation of certain property, to Service Level B of the District (the "Assessment District") pursuant to the Landscaping and Lighting Act of 1972, as found in Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code ("the Act"), for the purpose of funding Residential Street Lighting; and
WHEREAS, as ordered by the Board, Webb Municipal Finance, LLC., the assessment engineer, has prepared and filed with the Clerk of the Board a report regarding the assessments which are proposed to be levied on and collected from the owners of the Subject Property, as defined below, for Fiscal Year 2023-24, to pay the costs of the maintenance and servicing of such Residential Street Lighting, and that report has been presented to and considered by the Board; and
WHEREAS, it is necessary that the Board adopt a resolution of intention pursuant to Sections 22606 and 22587 of the California Streets and Highways Code setting and providing for notice of the time, date and place of public hearing on said report, the proposed annexation of the Subject Property to the Assessment District and the proposed assessments; and WHEREAS, in addition to the requirements set forth in the Act, to annex property into the Assessment District, Proposition 218 establishes detailed requirements for the imposition of a "new or increased" special assessment; and
WHEREAS, in addition to notice, ballot and hearing requirements, Proposition 218 requires the District to separate the general benefits from the special benefits conferred on a parcel, and to only asses the special benefits on that parcel; and WHEREAS, Proposition 218 requires all assessments to be supported by a detailed Engineer's Report prepared by a registered professional engineer; and WHEREAS, the proposed assessment will assess properties located within the Assessment District pursuant to the amounts stated in the Engineer's Report ("Assessment Amount"); and
WHEREAS, pursuant to Proposition 218, the District must comply with applicable sections of Article XII(D) of the California Constitution regarding the notice, hearing and protest procedures.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by Board of Directors of the Temecula Community Services District of the City of Temecula, California as follows:
Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. Findings. The Board of Directors finds that:
(a) The Engineer's report of Webb Municipal Finance, LLC. (the "Report") contains all matters required by the Act and Proposition 218 and may, therefore, be approved by the Board; (b) The assessments which are proposed to be levied for Fiscal Year 2023-24 on all parcels of assessable property which are proposed to be annexed, to the Assessment District are based on special benefit conferred upon each such parcel from the payment of the costs of the residential street lighting and the maintenance and servicing thereof; (c) The proportionate special benefit derived by each parcel within the Assessment District has been determined in relationship to the entirety of the capital cost of the installation, maintenance and servicing of the residential street lights and appurtenant facilities; (d) The Assessment Amount which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel;
(e) The Assessment Amount is supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California.
Section 3. Intention. The Board declares that it intends to annex the Subject Property, as defined below, into the Assessment District, to levy and collect assessments on all of the lots and parcels of assessable property which are proposed to be annexed, to the Assessment District for Fiscal Year 2023-24, and for the duration specified in Section 7 herein, in the amounts set forth in the Report. Such assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments.
Section 4. Improvements. The improvements which shall be provided for such property by and through the assessments levied annually thereon include the following:
(a) The installation, maintenance and servicing of residential street lights; Section 5. Annexation to Assessment District. The property which is proposed to be annexed to the Assessment District is all the property that is in the Temecula Community Services District and which is described in Exhibit "A" attached hereto and by this reference made a part hereof ("Subject Property"). Upon the completion of the annexation proceedings, the N
property proposed to be annexed will be included in the Assessment District. The boundaries of the annexation are further described and shown in the Report.
Section 6. Report and Assessments. The Report, which is on file with the Clerk of the Board, and which has been presented to the Board at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the improvements, the boundaries of the annexation, the assessments which are proposed to be levied on the assessable lots and parcels of land in the annexation as a part of the Assessment District for Fiscal Year 2023-24.
Section 7. Duration of Assessments. The assessments shall be levied on all parcels of assessable property in the annexation, as identified in the Report, so long as the assessments are necessary to finance the improvements specified in Section 4 hereof and the maintenance and servicing thereof.
Section 8. Hearing. The public hearing on the proposed annexation of the Subject Property to the Assessment District and the assessments which are proposed to be levied for Fiscal Year 2023-24 and which is required by Sections 22587 through 22594 and 22624 through 22629 of the California Streets and Highways Code and Section 53753 of the California Government Code, and Proposition 218 shall be held at 6:00 p.m. on January 24, 2023, in the City Council Chambers at 41000 Main Street, Temecula, California.
Section 9. Notice of Hearing and Ballots. The Clerk of the board shall mail a notice of the proposed annexation, the proposed assessments and of the time, date and place of the public hearing, as specified in Section 8 hereof, to the record owner of each parcel of property identified in the Report. Such notice shall specify the total amount of the assessment chargeable to all the property within the annexation, the amount chargeable to each owner's particular parcel, the duration of the assessments, the reason for the assessments and the basis upon which the amounts of the proposed assessments were calculated, together with the date, time and location of the public hearing, as specified in Section 8 hereof. The notice shall include, in a conspicuous place, thereon, a summary of the procedures applicable to the completion, return and tabulation of the assessment ballots which will accompany the notice and shall include a statement that the existence of a majority protest will result in the assessments not being levied, and that a majority protest will exist if, upon the conclusion of the hearing, assessment ballots submitted in opposition to the assessments exceed the assessment ballots submitted in favor of the assessments based on financial obligation. There shall be included with each such notice mailed to owner of identified parcels within the annexation an assessment ballot which includes the District's address for receipt of any ballot when completed by any owner receiving such notice whereby such owner may indicate his or her name, reasonable identification of the parcel and support or opposition to the proposed assessments. The notice and the assessment ballots shall conform in all respects to the requirements of subdivisions (b) and (c) of Section 53753 of the California Government Code and Article XIII(D) of the California Constitution. Should there be any conflict between the Act and Proposition 218, Proposition 218 shall control.
3 Section 10. If Maiority Protest Exists
If a maiority protest exists, the Board shall not undergo another District -initiated petition under the Act for at least twelve (12) months from the hearing date thereof, unless otherwise provided by law.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 29th day of November, 2022.
James Stewart, President
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 2022- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 291h day of November, 2022, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
UIWIIKWQ:••'b a U: :_
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
5 EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The properties proposed to be annexed into Service Level B of the Temecula Community Services District are identified by Riverside County Assessor's Parcel Numbers (APN) in the Preliminary Annexation Engineer's Report - Appendix A — Assessment Roll.
Webb
MUNIC-IIIAL t-Ii
Preliminary Annexation Engineer's Report
Fiscal Year 2023-2024
Temecula Community Services District
Service Level 6
Prepared For
is
a
The Heart of Southern California
Wine Country
November 2022
Table of Contents
Sections
Tables
Section i.
Engineer's Statement
Section 1.
Plans and Specifications_
Section 2.
Method of Apportionment
Section 3. Budget
2 4
Table 3-1. Operating Budget for Service Level B 4
Appendices
Appendix A. Tax Roll A-1
Appendix B. Assessment Diagram B-1
i. Engineer's Statement
AGENCY: CITY OF TEMECULA
PROJECT: TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL B TO: BOARD OF DIRECTORS
CITY OF TEMECULA
STATE OF CALIFORNIA
REPORT PURSUANT TO "LANDSCAPING AND LIGHTING ACT OF 1972" Pursuant to Articles XIII D, Section 4 of the California Constitution, the Proposition 218 Omnibus Implementation Act and the Landscape and Lighting Act of 1972 this Report is prepared and presented to the Board to describe and outline the proposed annexation of territory into Temecula Community Services District Service Level B (the "District"). The Board will conduct a noticed public hearing to consider public comments and written protests regarding the annexation and levy of the parcels within the proposed annexation territory. Upon conclusion of the public hearing, property owner protest ballots received will be tabulated to determine whether a majority protest exists. The Board will confirm the results of the balloting once the ballot tabulation is completed. If a majority protest exists, further proceedings to implement the proposed annexation and levy of assessments shall be abandoned at that time. If tabulation of the ballots indicates that a majority protest does not exist for the proposed annexation and levy of assessments, the Board may adopt this Report and confirm the annexation of territory and levy of assessments as presented herein. In such case, the levy information will be submitted to the Riverside County Auditor/Controller and included as Assessments on the property tax roll for Fiscal Year 2023-2024.
SECTION 1 The PLANS AND SPECIFICATIONS describe the annexation territory and the overall nature and extent of the improvements and services provided.
SECTION 2 The METHOD OF APPORTIONMENT outlines the method of calculating each property's proportional special benefit necessary to calculate the property's annual assessment. This method of apportionment is consistent with the previously adopted method of apportionment for Service Level B that was approved by the property owners in a protest ballot proceeding conducted when the Service Level was formed.
SECTION 3 A BUDGET showing the estimated annual costs to operate, maintain and service the local lighting improvements and appurtenant facilities within the annexation territory.
SECTION 4 An ASSESSMENT ROLL with the proposed assessment amounts to be levied and collected in Fiscal Year 2023-2024 for each parcel based on the parcel's calculated proportional special benefit as outlined in the Method of Apportionment and the annual assessment rates established by the estimated budgets.
SECTION 5 ASSESSMENT DIAGRAM showing the boundaries of the proposed annexation territory. Parcel identification, the lines and dimensions of each lot, parcel, and subdivision of land within the annexation territory are shown on the Riverside County Assessor's Parcel Maps and shall include any subsequent lot line adjustments or parcel changes therein. Reference is hereby made to the Riverside County Assessor's Parcel Maps for a detailed description of the lines and dimensions of each lot and parcel of land within the annexation territory.
Temecula Community Services District Service Level B
Engineer's Report —Annexation. for Fiscal Year 2023-2024
i. Engineer's Statement
I Matthew E. Webb, a Professional Civil Engineer (employed at Albert A. Webb Associates and retained through an agreement between Webb Municipal Finance, LLC and my employer), acting on behalf of the Temecula Community Services District, pursuant to the TSD Law", do hereby submit the following:
The District requested Webb Municipal Finance, LLC, to prepare and file an Engineer's Annexation Report for Temecula Community Services District Service Level B, pursuant to Article XIII D, Section 4 of the California Constitution, presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations, and servicing of the improvements for Service Level B, for the referenced Fiscal Year, an assessment of the estimated costs of the maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the proposed annexation territory in proportion to the special benefit received; Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the Board of Directors of the Temecula Community Services District. Please note that Albert A. Webb Associates provides engineering advice and related consulting services. Albert A. Webb Associates is not a registered municipal advisor and does not participate in municipal advisory activities, and nothing in this Engineer's Report is or should be interpreted to be municipal advisory services or advice.
Temecula Community Services District Service Level B
Engineer's Report —Annexation. for Fiscal Year 2023-2024 II
i. Engineer's Statement
Executed this day of 2022.
//FRpEESs�O��
z
Li NO 37385 rn
s� CIVIC- 1P
bF
ALBERT A. WEBB ASSOCIATES
MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO. 37385
ENGINEER OF WORK
ON BEHALF OF THE CITY OF TEMECULA AND
THE TEMECULA COMMUNITY SERVICES DISTRICT
STATE OF CALIFORNIA
Final approval, confirmation and levy of the annexation territory and all matters in the Engineer's Report were made on the day of 2022, by adoption of Resolution No. by the Board of Directors.
CITY CLERK
CITY OF TEMECULA
STATE OF CALIFORNIA
A copy of the Tax Roll and Engineer's Annexation Report were filed in the office of the City Clerk on the day of 12022.
CITY CLERK
CITY OF TEMECULA
STATE OF CALIFORNIA
Temecula Community Services District Service Level B
Engineer's Report —Annexation for Fiscal Year 2023-2024
1. Plans and Specifications
The territory within the proposed annexation, consists of lots or parcels of land within the District, which is coterminous with the City of Temecula boundary. The purpose of the District is to provide through annual assessments, funding for the ongoing operation, maintenance, utility costs, and administration of residential streetlights.
Temecula Services District Service Level B
Engineer's Report —Annexation. for Fiscal Year 2023-2024
2. Methodology
Proposition 218 Compliance
On November 5, 1996, California voters approved Proposition 218, entitled the "Right to Vote on Taxes Act," which added Article XIII D to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts.
Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1. Any assessments imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula.
Proposition 218 does not define the term "streets," however, based on the opinions of the public agency officials, attorneys, assessment engineers, and Senate Bill 919, it has been determined that streets include all public improvements located within the street rights -of -way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.
Proposition 218 defines "assessment" as "any levy or charge upon real property by an agency for a special benefit conferred upon the real property." Cal. Const., art. XIII D, §2(b). A special assessment, sometimes called a "benefit assessment," is a charge generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees, and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments, and property -related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements, which a local government must follow to levy an assessment. In addition to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that "only special benefits are assessable" and requires a local government to "separate the general benefits from the special benefits conferred on a parcel."
By its nature, most public improvements financed through an assessment district contain an element of public benefit. The test is: does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires the portion of the cost of the improvement, which benefits the public generally, to be separated from that portion of the cost of the improvement, which specially benefits assessed properties.
Proposition 218 provides the following definition of "special benefit":
"Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit".
Temecula Services District Service Level B 2
Engineer's Report —Annexation. for Fiscal Year 2023-2024
2. Methodology
Method of Apportionment
Pursuant to the Landscaping and Lighting Act of 1972 and Article XIII D of the Constitution of the State of California, all parcels that have special benefit conferred upon them as a result of the maintenance and operation of improvements shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire cost of the maintenance and operation of the improvements. Only parcels that receive direct special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
To assess benefits equitably it is necessary to calculate each property's relative share of the special benefits conferred by the funded improvements and service. The Equivalent Dwelling Unit (EDU) method of assessment apportionment is utilized in this District and establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. For the purposes of this Engineer's Report, an EDU is the quantum of benefit derived from the various improvements by a single- family residential parcel. The single-family residential parcel has been selected as the basic unit for the calculation of assessments since it represents the majority of the parcels in the District. Thus, the "benchmark" property (the single-family residential parcel) derives one EDU of benefit and is assigned 1.00 Equivalent Dwelling Unit. The Assessment for Single -Family parcels within the District is therefore calculated by dividing the total District Assessment by the total number of Equivalent Dwelling Units to determine the Annual Assessment per Equivalent Dwelling Unit or Single -Family parcel.
Total District Balance to Levy (Budgeted) / Total Number of EDUs (Total Residential Lots + Assigned Condominium Units) = Assessment per EDU/Parcel
The district includes all developed single-family residential parcels, condominiums, and residential vacant lots for which the District provides ongoing servicing, operation, and maintenance of local street lighting improvements. The current rate and charge for Service Level B is $25.68 per residential lot ($12.84 per condominium unit within Specific Plans) and shall be applied to developed and undeveloped residential parcels.
Temecula Services District Service Level B 3
Engineer's Report —Annexation. for Fiscal Year 2023-2024
3. Budget
Table 3-1
Estimated Service Levels B Annexation Operating Budget Summary for Fiscal Year 2023-2024 Budget Item
Level B
192
Level B Annexation
OPERATIONS MAINTENANCE
Property Tax Administrative Fees
$13,530
$296
Street Lighting
$488,500
$10,670
Subtotal Operations Maintenance
$488,500
$10,670
TOTAL DIRECT DISTRICT COSTS
$502,030
$10,965
EXPEN DITU RES/REVEN U ES
Contingency Reserve
$0
$0
TOTAL EXPENDITURES / REVENUES
$502,030
$10,965
CONTRIBUTIONS
Other Contributions
($138,737)
($3,030)
TOTAL COLLECTION/CONTRIBUTIONS
($138,737)
($3,030)
Balance to Levy .•eted)
$640,767
$13,996
Number of Parcels
545
Number of EDUs
545
Assessment Rate per EDU
$25.68
Temecula Services District Service Level B
Engineer's Report —Annexation for Fiscal Year 2023-2024
APPENDIX A
Assessment Roll
Service Level B Annexation
Assessment Roll
..
964650001 1 $ 25.68
964650002 1 $ 25.68
964650003
1 $ 25.68
964650004
1 $ 25.68
964650005
1 $ 25.68
964650006
1 $ 25.68
964650007
1 $ 25.68
964650008
1 $ 25.68
964650009
1 $ 25.68
964650010
1 $ 25.68
964650011
1 $ 25.68
964650012
1 $ 25.68
964650013
1 $ 25.68
964650014
1 $ 25.68
964651001
1 $ 25.68
964651002
1 $ 25.68
964651003
1 $ 25.68
964651004
1 $ 25.68
964651005
1 $ 25.68
964651006
1 $ 25.68
964651007
1 $ 25.68
964651008
1 $ 25.68
964651009
1 $ 25.68
964651010
1 $ 25.68
964651011
1 $ 25.68
964651012
1 $ 25.68
964651013
1 $ 25.68
964651014
1 $ 25.68
964651015
1 $ 25.68
964652001
1 $ 25.68
964652002
1 $ 25.68
964652003
1 $ 25.68
964652004
1 $ 25.68
964652005
1 $ 25.68
964652006
1 $ 25.68
964652007
1 $ 25.68
964652008
1 $ 25.68
964652009
1 $ 25.68
964652010
1 $ 25.68
964652011
1 $ 25.68
964652012
1 $ 25.68
.•
964652013
1 $ 25.68
964652014
1 $ 25.68
964652015
1 $ 25.68
964652016
1 $ 25.68
964652017
1 $ 25.68
964652018
1 $ 25.68
964652019
1 $ 25.68
964652020
1 $ 25.68
964652021
1 $ 25.68
964652022
1 $ 25.68
964652023
1 $ 25.68
964652024
1 $ 25.68
964652025
1 $ 25.68
964652026
1 $ 25.68
964653001
1 $ 25.68
964653002
1 $ 25.68
964653003
1 $ 25.68
964653004
1 $ 25.68
964653005
1 $ 25.68
964653006
1 $ 25.68
964653007
1 $ 25.68
964653008
1 $ 25.68
964653009
1 $ 25.68
964653010
1 $ 25.68
964653011
1 $ 25.68
964653012
1 $ 25.68
964653013
1 $ 25.68
964653014
1 $ 25.68
964653015
1 $ 25.68
964653016
1 $ 25.68
964653017
1 $ 25.68
964653018
1 $ 25.68
964653019
1 $ 25.68
964653020
1 $ 25.68
964653021
1 $ 25.68
964653022
1 $ 25.68
964653023
1 $ 25.68
964653024
1 $ 25.68
964653025
1 $ 25.68
964653026
1 $ 25.68
964653027
1 $ 25.68
964654001
1 $ 25.68
964654002
1 $ 25.68
964654003
1 $ 25.68
964654004
1 $ 25.68
.•
964660001
1 $ 25.68
964660002
1 $ 25.68
964660003
1 $ 25.68
964660004
1 $ 25.68
964660005
1 $ 25.68
964660006
1 $ 25.68
964660007
1 $ 25.68
964660008
1 $ 25.68
964660009
1 $ 25.68
964660010
1 $ 25.68
964660011
1 $ 25.68
964660012
1 $ 25.68
964660013
1 $ 25.68
964660014
1 $ 25.68
964660015
1 $ 25.68
964660016
1 $ 25.68
964660017
1 $ 25.68
964660018
1 $ 25.68
964660019
1 $ 25.68
964660020
1 $ 25.68
964660021
1 $ 25.68
964660022
1 $ 25.68
964660023
1 $ 25.68
964660024
1 $ 25.68
964660025
1 $ 25.68
964660026
1 $ 25.68
964660027
1 $ 25.68
964660028
1 $ 25.68
964660029
1 $ 25.68
964660030
1 $ 25.68
964660031
1 $ 25.68
964660032
1 $ 25.68
964660033
1 $ 25.68
964660034
1 $ 25.68
964660035
1 $ 25.68
964661001
1 $ 25.68
964661002
1 $ 25.68
964661003
1 $ 25.68
964661004
1 $ 25.68
964661005
1 $ 25.68
964661006
1 $ 25.68
964661007
1 $ 25.68
964661008
1 $ 25.68
964661009
1 $ 25.68
964661010
1 $ 25.68
.•
964670001
1 $ 25.68
964670002
1 $ 25.68
964670003
1 $ 25.68
964670004
1 $ 25.68
964670005
1 $ 25.68
964670006
1 $ 25.68
964670007
1 $ 25.68
964671001
1 $ 25.68
964671002
1 $ 25.68
964671003
1 $ 25.68
964671004
1 $ 25.68
964671005
1 $ 25.68
964671006
1 $ 25.68
964671007
1 $ 25.68
964671008
1 $ 25.68
964671009
1 $ 25.68
964671010
1 $ 25.68
964671011
1 $ 25.68
964671012
1 $ 25.68
964671013
1 $ 25.68
964671014
1 $ 25.68
964671015
1 $ 25.68
964671016
1 $ 25.68
964671017
1 $ 25.68
964671018
1 $ 25.68
964671019
1 $ 25.68
964671020
1 $ 25.68
964671021
1 $ 25.68
964671022
1 $ 25.68
964671023
1 $ 25.68
964671024
1 $ 25.68
964671025
1 $ 25.68
964671026
1 $ 25.68
964671027
1 $ 25.68
964671028
1 $ 25.68
964671029
1 $ 25.68
964671030
1 $ 25.68
964671031
1 $ 25.68
964671032
1 $ 25.68
964671033
1 $ 25.68
964671034
1 $ 25.68
964671035
1 $ 25.68
964671036
1 $ 25.68
964671037
1 $ 25.68
964671038
1 $ 25.68
.•
964671039 1
$ 25.68
964672001
1 $ 25.68
964672002
1 $ 25.68
964672003
1 $ 25.68
964672004
1 $ 25.68
964672005
1 $ 25.68
964672006
1 $ 25.68
964672007
1 $ 25.68
964672008
1 $ 25.68
964672009
1 $ 25.68
964672010
1 $ 25.68
964672011
1 $ 25.68
964672012
1 $ 25.68
964672013
1 $ 25.68
964672014
1 $ 25.68
964672015
1 $ 25.68
964672016
1 $ 25.68
964672017
1 $ 25.68
964672018
1 $ 25.68
964680001
1 $ 25.68
964680002
1 $ 25.68
964680003
1 $ 25.68
964680004
1 $ 25.68
964681001
1 $ 25.68
964681002
1 $ 25.68
964681003
1 $ 25.68
964681004
1 $ 25.68
964681005
1 $ 25.68
964681006
1 $ 25.68
964681007
1 $ 25.68
964681008
1 $ 25.68
964681009
1 $ 25.68
964681010
1 $ 25.68
964681011
1 $ 25.68
964681012
1 $ 25.68
964681013
1 $ 25.68
964681014
1 $ 25.68
964681015
1 $ 25.68
964681016
1 $ 25.68
964681017
1 $ 25.68
964681018
1 $ 25.68
964681019
1 $ 25.68
964681020
1 $ 25.68
964681021
1 $ 25.68
964681022
1 $ 25.68
.•
964682001
1 $ 25.68
964682002
1 $ 25.68
964682003
1 $ 25.68
964682004
1 $ 25.68
964682005
1 $ 25.68
964682006
1 $ 25.68
964682007
1 $ 25.68
964682008
1 $ 25.68
964682009
1 $ 25.68
964682010
1 $ 25.68
964682011
1 $ 25.68
964682012
1 $ 25.68
964682013
1 $ 25.68
964682014
1 $ 25.68
964682015
1 $ 25.68
964682016
1 $ 25.68
964682017
1 $ 25.68
964682018
1 $ 25.68
964682019
1 $ 25.68
964810001
1 $ 25.68
964810002
1 $ 25.68
964810003
1 $ 25.68
964810004
1 $ 25.68
964810005
1 $ 25.68
964810006
1 $ 25.68
964810007
1 $ 25.68
964810008
1 $ 25.68
964810009
1 $ 25.68
964810010
1 $ 25.68
964810011
1 $ 25.68
964810012
1 $ 25.68
964810013
1 $ 25.68
964810014
1 $ 25.68
964810015
1 $ 25.68
964810016
1 $ 25.68
964810017
1 $ 25.68
964810018
1 $ 25.68
964810019
1 $ 25.68
964810020
1 $ 25.68
964810021
1 $ 25.68
964810022
1 $ 25.68
964810023
1 $ 25.68
964810024
1 $ 25.68
964811001
1 $ 25.68
964811002
1 $ 25.68
.•
964811003
1 $ 25.68
964811004
1 $ 25.68
964811005
1 $ 25.68
964811006
1 $ 25.68
964811007
1 $ 25.68
964811008
1 $ 25.68
964811009
1 $ 25.68
964811010
1 $ 25.68
964811011
1 $ 25.68
964820001
1 $ 25.68
964820002
1 $ 25.68
964820003
1 $ 25.68
964820004
1 $ 25.68
964820005
1 $ 25.68
964820006
1 $ 25.68
964820007
1 $ 25.68
964820008
1 $ 25.68
964820009
1 $ 25.68
964820010
1 $ 25.68
964820011
1 $ 25.68
964820012
1 $ 25.68
964820013
1 $ 25.68
964820014
1 $ 25.68
964821001
1 $ 25.68
964821002
1 $ 25.68
964821003
1 $ 25.68
964821004
1 $ 25.68
964821005
1 $ 25.68
964821006
1 $ 25.68
964821007
1 $ 25.68
964821008
1 $ 25.68
964821009
1 $ 25.68
964821010
1 $ 25.68
964821011
1 $ 25.68
964821012
1 $ 25.68
964821013
1 $ 25.68
964830001
1 $ 25.68
964830002
1 $ 25.68
964830003
1 $ 25.68
964830004
1 $ 25.68
964830005
1 $ 25.68
964830006
1 $ 25.68
964830007
1 $ 25.68
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APPENDIX B
Annexation Boundary Map
Webb
MUNICIPAL FINANCE
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RESOLUTION NO. CSD 2022-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT OF THE
CITY OF TEMECULA, INITIATING PROCEEDINGS TO
ANNEX PROPERTY TO SERVICE LEVEL B FOR FISCAL
YEAR 2023-24
WHEREAS, the Board of Directors (the "Board") of the Temecula Community Services District (the "District") of the City of Temecula desires to undertake proceedings pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereafter referred to as the "Act"), to annex certain property, to Service Level B of the District (the "Assessment District") for the purpose of funding Residential Street Lighting; and
WHEREAS, the Board of Directors has retained Webb Municipal Finance, LLC. for the purpose of preparing and filing the Engineer's Report and assisting in the public hearing and formation process of the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Board of Directors of the Temecula Community Services District of the City of Temecula, California as follows:
Section 1. Recitals
That the Recitals set forth above are true and correct.
Section 2. Engineer's Report
The Board of Directors hereby orders Webb Municipal Finance, LLC. to prepare and file with the Clerk of the Board the Engineer's Report (the "Report") concerning the annexation of property, to the Assessment District in accordance with the Act and the laws of the State of California.
Section 3. Improvements
The improvements shall include the maintenance and servicing of residential street lighting.
Section 4. Severability
That the Board of Directors declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of the Resolution as hereby adopted shall remain in full force and effect
Section 5. Effective Date
That this Resolution shall take effect upon its adoption.
Section 6. Certification
That the Clerk of the Board shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 29th day of November, 2022.
James Stewart, President
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 2022- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 291h day of November, 2022, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
UIWIIKWQ:••'b a U: :_
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
3 Item No. 13
THE SUCCESSOR AGENCY
TO THE TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Board of Directors
FROM: Jennifer Hennessy, Director of Finance
DATE: November 29, 2022
SUBJECT: Approve Financial Statements for the 4th Quarter Ended June 30, 2022 PREPARED BY: Jennifer Hennessy, Director of Finance
RECOMMENDATION: That the Board of Directors:
1. Receive and file the financial statements for the 4th quarter ended June 30, 2022, and
2. Approve the following Fiscal Year 2021-22 appropriations:
a. SARDA Operating Transfer Out to the Affordable Housing Fund $250,000 b. SARDA Contributions to City (Las Haciendas CIP) $7,166,608 Appropriations were included in the Fiscal Year 2021-22 Budget, but were erroneously excluded from the budget entry into the City's Financial System.
BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Successor Agency to the Temecula Redevelopment Agency for the 4th Quarter Ended June 30, 2022.
FISCAL IMPACT:
None
ATTACHMENTS: SARDA Fund Summary
AMA
\� a`
C7""� 1 1
The Heart of Southern California
Wine Country
FUND: 380 - SARDA DEBT SERVICE FUND
City of Temecula
Fiscal Year 2021-22
Quarterly Budget Report
2021-22
Year to Date
2021-22 Q4
% Change
2020-21
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2022
Budget
Adjustments
Budget
Revenues by Source
Taxes and Franchises
Redevelopment Property Tax Fund Distribution
0 6,151,844
0 6,151,844
0 0.0%
Use of Money and Property
Investment Interest
4,547
6,800
11,926
6,800
0 0.0%
Operating Transfers In
Operating Transfers In
6,138,386
0 9,636,926
0 0
0.0%
Total Revenues and Other Sources
6,142,933
6,158,644
9,648,852
6,158,644
0 0.0%
Expenditures by Category
Operations & Maintenance
1,571,543
306,172
1,571,207
306,172
0 0.0%
Debt Service - Principal
0 2,445,000
0 2,445,000
0 0.0%
Debt Service - Interest
3,152,481
3,152,481
3,070,844
3,152,481
0 0.0%
Transfers
250,000
0 7,416,607
7,416,608
7,416,608
100.0%
Total Expenditures and Other Financing Uses
4,974,024
5,903,653
12,058,657
13,320,261
7,416,608
125.63%
Excess of Revenues Over (Under) Expenditures
1,168,909
254,991
(2,409,805)
(7,161,617)
(7,416,608)
-2,908.57%
Fund Balance, Beginning of Year
(34,951,786)
(33,782,877)
(33,782,877)
(33,782,877)
Fund Balance, End of Year
(33,782,877)
(33,527,886)
(36,192,682)
(40,944,494)
Fund Description
The Successor Agency to the Redevelopment Agency (SARDA) Debt Service Fund was established to account for payment obligations of the Successor Agency as a result of the State's dissolution of Redevelopment Agencies. This is a private -purpose trust fund that is used to account for resources held and administered by the SARDA acting in a fiduciary capacity for other governments.
Item No. 14
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: November 29, 2022
SUBJECT: Approve Amendment to the Old Town Specific Plan to Revise Certain Development Standards and Land Use Standards
PREPARED BY: Eric Jones, Associate Planner
RECOMMENDATION: That the City Council adopt resolutions entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING ADDENDUM NO. 2 TO THE OLD
TOWN SPECIFIC PLAN PROGRAM ENVIRONMENTAL
IMPACT REPORT (SCH NO.2009071049)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AMENDMENT NO. 10 TO THE
OLD TOWN SPECIFIC PLAN (SP-5) (LONG RANGE PROJECT
NO. LR21-0279)
BACKGROUND: On May 25, 2010, the City Council adopted Ordinance 10-09 to approve a comprehensive amendment to the Old Town Specific Plan (OTSP). This specific plan amendment utilized form -based zoning to establish standards for building placement, building form, and building type to facilitate pedestrian friendly development, and emphasized implementation of these standards over specific land uses. While land uses are addressed in the Specific Plan, more emphasis was placed on the form -based development standards considering that specific uses will come and go over the life of the building, and if the appropriate types of buildings for a pedestrian oriented downtown were developed within Old Town, the appropriate types of land uses would also occur as a result.
Since the adoption of the 2010 Specific Plan Amendment, staff has had the opportunity to implement the plan on a variety of projects. These projects have ranged from simple land use determinations to complex development plan applications. Staff has also received feedback from
applicants regarding their experiences working with the Specific Plan. Staff s implementation of the plan, as well as the candid dialogue with applicants, have provided an opportunity to discover areas of the document that require amendment. Staff has identified nine amendments that will allow for refinement of the document. The amendments consist of simple clerical revisions as well as land use and development standard revisions that will provide greater flexibility for the development community and staff when working with the OTSP. A discussion of each amendment is below:
1. Revise maximum building height standards for three and four-story buildings in the Downtown Core from fifty feet to fifty-five feet: Applicants have expressed concern that the new California Mechanical and Energy Codes make it difficult to fit equipment such as ducting between floors in structures that have a maximum height of fifty feet. City building inspection staff have validated this concern. The extra five feet of height proposed will allow applicants greater flexibility when designing their projects.
2. Create Raised Commercial Porch Frontage Type: The OTSP currently contains a variety of building frontage types for applicants to choose from. The addition of a Raised Commercial Front Porch Frontage Type will allow structures to incorporate a two -foot - high raised porch. This height is ideal for applicants that wish to incorporate outdoor dining space in their building design.
3. Revise commercial ground floor facade standards: The OTSP currently prohibits aluminum shop front material and spandrel panels across the bulkhead only. The bulkhead is the area of the building typically found between the finished grade and first floor shop windows. The proposed amendment will prohibit these materials across the entire ground floor facade and not just the bulkhead.
4. Revise parking structure setback standards: The OTSP currently states that parking areas (including structures) shall be placed at least twenty -feet (preferably 50-feet) behind the build -to -line. The specific plan includes a footnote stating that this requirement shall apply to all stories. The amendment will revise the specific plan to state that parking structure levels above the ground floor can be built to the build -to -line. This will increase the amount of square footage available for parking.
5. Revise architectural guidelines to clarify the need for varied rooflines and create standards for fencing in Old Town not associated with dining uses: The OTSP language will be amended to ensure building facades that exceed fifty feet incorporate varied rooflines in their design. This requirement is consistent with the City of Temecula Design Guidelines and will help create visual interest for structures.
Requirements for fencing not associated with dining uses will be added. The new requirements will be consistent with the existing OTSP fencing requirements for fencing associated with dining. Chain link will be added to the list of prohibited materials.
6. Revise non -conforming use language for Neighborhood Residential and Limited Mixed -Use Zones: The OTSP currently states that single-family homes within the Neighborhood Residential Zone are not subject to Section III.G (Non -Conforming Uses and Structures). Single-family homes within the Residential/Limited Mixed Use (R/LMU) zone should have also been included in this section but were not. The amendment will ensure these homes are now included.
7. Revise alley requirements to clarify utility locations: The OTSP includes provisions to ensure utility equipment is placed within an alley when one exists. The amendment will revise this language to also ensure the equipment is placed underground in an alley unless proven unfeasible by the utility provider.
8. Amend the Use Matrix to allow beer tasting, escape rooms, entertainment, and restaurant definitions. The nightclub category will be removed from the Use Matrix:
The Use Matrix will be revised to include beer tasting and escape rooms. These uses will require the approval of a Conditional Use Permit (CUP). The amendment will also include the recently approved entertainment license as well as restaurant definitions. Nightclubs will also be removed from the Use Matrix since these uses will now be categorized under the entertainment license provisions.
9. Revise language related to Bed and Breakfast establishments: Currently, the OTSP does not require a minimum lot size or that the primary residence be the principle use of the site. The City of Temecula Municipal Code requires that Bed and Breakfast establishments be developed on a minimum lot size of sixty thousand square feet. The Code also requires that the primary residence be the principal use of the site. The City desires consistency between the OTSP and Municipal Code. The amendment will revise the language to ensure that bed and breakfast establishments in Old Town are fully consistent with the Municipal Code.
These amendments were heard by the Planning Commission at a regularly scheduled public meetings on October 19, 2022. The Planning Commission voted unanimously to recommend City Council approval.
ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed Specific Plan amendment will not have a significant impact upon the environment based on a completed EIR Addendum (No. 2). As a result, the City Council will take action on a recommendation to adopt an EIR Addendum in compliance with CEQA Section 15164.
FISCAL IMPACT: None
ATTACHMENTS: 1. Aerial Map
2. City Council Resolution — EIR Addendum
3. Exhibit A — EIR Addendum
4. City Council Resolution — Specific Plan Amendment
5. Exhibit A — Specific Plan Amendment (Underline/Strikeout)
6. Planning Commission Resolution No. 2022-32 — EIR Addendum
7. Planning Commission Resolution No. 2022-33 — Specific Plan Amendment
8. 10/19/202 Planning Commission Staff Report
9. Notice of Public Hearing
10. Draft Notice of Determination with County Clerk
CITY OF TEMECULA LR21-0279
1 inch = 500 feet 1:6,000
0 200 400 800 Feet � _ -N
Date Created: 10/26/2022 The Heart of Southern California Wine Country
The map LR21-0279.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at hftps://temerulaca.gov/gis
RESOLUTION NO.2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING ADDENDUM NO. 2 TO THE
OLD TOWN SPECIFIC PLAN PROGRAM
ENVIRONMENTAL IMPACT REPORT (SCH NO.
2009071049)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Procedural Findings. The City Council does hereby find, determine and declare that:
A. In May 2010, the City Council of the City of Temecula approved a comprehensive amendment to the Old Town Specific Plan ("Specific Plan"). At that time, the City certified a Final Program Environmental Impact Report, State Clearing House No. 2009071049 ("EIR"), to comply with the requirements of the California Environmental Quality Act ("CEQA") for approval of the Specific Plan Amendment.
B. Addendum No. 1 to the Old Town Specific Plan Final Program Environmental Impact Report was adopted May 26, 2020.
C. The Specific Plan provides standards and guidelines for development. Amendment N. 10 to the Specific Plan would update and modify those standards to allow for revisions to certain development and land use standards.
D. Addendum No. 2 to the Old Town Specific Plan Final Program Environmental Impact Report, addresses potential environmental impacts that might result from the Specific Plan Amendment.
E. The City has caused an Addendum No. 2 ("Addendum") to be prepared for the Specific Plan Amendment in accordance with Section 15164 of the CEQA Guidelines because the Specific Plan Amendment does not require the preparation of a new or Supplemental Environmental Impact Report pursuant to CEQA Guidelines section 15164.
F. An Addendum need not be circulated for public review but is attached to the Final EIR in accordance with CEQA Guidelines Section 15164.
G. The City Council has reviewed and considered the Addendum No. 2 in conjunction with the Program EIR.
H. On October 19, 2022, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Old Town Specific Plan Final Program Environmental Impact Report and proposed Amendment No. 10 to the Old Town Specific
Plan (SP-5) at which time all persons interested in these actions had the opportunity and did address the Planning Commission.
I. After hearing all written and oral testimony on the proposed actions and duly considering the comments, the Planning Commission adopted Resolution No. 2022-32 recommending to the City Council that Addendum No 2 to the Old Town Final Program Environmental Impact Report be approved. The Planning Commission also adopted Resolution No. 2022-33 recommending to the City Council that the proposed Amendment No 10 to the Old Town Specific Plan (SP-5) be approved. Resolution No. 2022-32 and Resolution No. 2022-33 are hereby incorporated herein by this reference as if set forth in full.
J. On November 29, 2022, the City Council of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Old Town Specific Plan Final Program Environmental Impact Report and the proposed Amendment No.10 to the Old Town Specific Plan (SP-5) at which time all persons interested in the Project had the opportunity and address the City Council.
K. The City Council has reviewed the findings made in this Resolution and finds that they are based upon substantial evidence that has been presented to the City Council in the record of proceedings. The documents, staff report, and other materials that constitute the record of proceedings on which this Resolution is based are on file and available for public examination on the City's website at www.TemeculaCA.gov . The City Council has independently reviewed and considered the contents of Addendum No. 2 prior to deciding whether to approve the Specific Plan Amendment.
Section 2. Further Findings. Consistent with CEQA Guidelines Section 15164, the City Council finds and determines that Addendum No. 2 is the appropriate environmental document to analyze the proposed Amendment No. 10 to the Specific Plan ("Amendment") because:
A. Some changes or additions to the Program EIR are necessary, but none of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred.
B. There are no substantial changes proposed by the Amendment that will require major revisions of the previous Program EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
C. No substantial changes have occurred with respect to the circumstances under which the Amendment are undertaken that will require major revisions of the previous Program EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and D. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous N
Program EIR was adopted or Addendum No. 1 was adopted, showing that: (a) the Amendment will have one or more significant effects not discussed in the Program EIR; (b) there are significant effects previously examined that will be substantially more severe than shown in the Program EIR; (c) there are mitigation measures or alternatives previously found not to feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the City declines to adopt the mitigation measures or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the Program EIR would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative.
Section 3. The City Council hereby adopts Addendum No. 2 which is attached hereto as Exhibit "A" and incorporated herein by this reference.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 29th day of November, 2022.
ATTEST:
Randi Johl, City Clerk
[SEAL]
Matt Rahn, Mayor
3 STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 29th day of November, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
ADDENDUM NO. 2 TO OLD TOWN SPECIFIC PLAN ENVIRONMENTAL
IMPACT REPORT (SCH# 2009071049)
Prepared by the City of Temecula
In its capacity as a Lead Agency
PROJECT TITLE: Old Town Specific Plan Amendment #10 (LR21-0279) PROJECT APPLICANT: City of Temecula
PROJECT DESCRIPTION: Planning Application No. LR21-0279, an amendment to the Old Town Specific Plan to revise certain development standards and land use standards. Proposed amendments include:
1. Revise maximum building height standards for three and four-story buildings in the Downtown Core district from 50 feet to 55 feet;
2. Add provisions to allow for raised outdoor patios (24-inch height) for commercial structures;
3. Revise commercial ground floor fagade standards to prohibit the use of aluminum shop front or spandrel panels;
4. Clarify existing parking structure setback language so that it applies to all parking structure stories;
5. Revise architectural guidelines to clarify varied roofline and fencing language;
6. Revise non -conforming use language for Residential and Limited Mixed -Use Zones so that it is consistent with existing language in the specific plan;
7. Revise alley requirements to clarify utility locations, trash service, and deliveries requirements;
8. Amend Use Matrix to allow beer tasting, escape rooms, and Entertainment Licenses;
9. Clarify existing language related to bed and breakfast establishments for consistency with the City of Temecula Municipal Code.
PURPOSE: This addendum to the Environmental Impact Report is being prepared pursuant to CEQA Guidelines Section 15164 which allows for a lead agency to prepare an addendum to a previously adopted Environmental Impact Report. Specifically, CEQA Guidelines Section 15164(b) provides that an addendum to an adopted Environmental Impact Report may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent Environmental Impact Report have occurred.
Pursuant to CEQA Guidelines Section 15162, no subsequent Environmental Impact Report shall be prepared for the project unless, on a basis of substantial evidence in light of the whole record, one or more of the following is determined:
1. Substantial changes are proposed in the project that will require major revisions of the previous Environmental Impact Report due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects;
Old Town Specific Plan Amendment No. 10 (LR21-0279)
Addendum to Initial Environmental Study
2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3. New information of substantial importance identifies one or more significant effects not discussed in the previous Environmental Impact Report.
FINDINGS CONCERNING ENVIRONMENTAL IMPACTS OF THE PROJECT:
In accordance with the California Environmental Quality Act (CEQA), the environmental impacts of the original project were studied in a Final Program Environmental Impact Report ("FPEIR") (SCH# 2009071049) that was certified on May 11, 2010 and in a subsequent addenda prepared in May 26, 2020 which is now final. In compliance with CEQA Guidelines Section 15164 an Addendum to the EIR has been prepared which concludes that the proposed amendment to the Specific Plan which includes: Provisions to allow for raised outdoor patios (24-inch height) for commercial structures, revise commercial ground floor fagade standards to prohibit the use of aluminum shop front or spandrel panels, clarify existing parking structure setback language so that it applies to all parking structure stories, revise architectural guidelines to clarify varied roofline and fencing language, revise non -conforming use language for Residential and Limited Mixed -Use Zones so that it is consistent with existing language in the specific plan, revise alley requirements to clarify utility locations, trash service, and deliveries requirements, amend Use Matrix to allow beer tasting, escape rooms, and Entertainment Licenses, and clarify existing language related to bed and breakfast establishments do not result in any new or greater environmental impacts than were previously analyzed, disclosed, and mitigated and no further environmental review is necessary. None of the circumstances in CEQA Guidelines Section 15162 exist to require any additional environmental review and no further documentation is necessary with the exception of aesthetics due to increased building height.
The project includes a revision to the maximum building height standards for three and four-story buildings in the Downtown Core District from 50 feet to 55 feet. An analysis of how this increase will impact aesthetics in the project area is below:
AESTHETICS. Would the project:
Less Than
Potentially
Significant With
Less Than
Issues and Supporting Information Sources
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
a
Have a substantial adverse effect on a scenic vista?
X
b
Substantially damage scenic resources, including, but
X
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
c
Substantially degrade the existing visual character or
X
quality of the site and its surroundings?
d
Create a new source of substantial light or glare
X
which would adversely affect day or nighttime views
in the area?
Comments:
C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@30191125\@[email protected]
Old Town Specific Plan Amendment No. 10 (LR21-0279)
Addendum to Initial Environmental Study
1.a., b. According to the City of Temecula General Plan Community Design Element, the Old Town Specific Plan (OTSP) area is not identified has having any scenic vistas. In addition, the OTSP does not identify any scenic resources that include, but are not limited to, trees, rock outcroppings, or historic buildings within a State scenic highway. Furthermore, there are no State scenic highways identified within the project area. No impacts are anticipated.
1.c., d. A height increase from 50' to 55' for three and four-story structures will be permitted within the Downtown Core District of the OTSP as a result of the project. This district already allows for 100' hotel structures within the Hotel Overlay. Thus, the visual character of the district has already been analyzed with the incorporation of buildings that will be substantially taller than what is proposed. This is also true with how these 100' buildings will generate light, glare, and impact to day and nighttime views. The project will not allow buildings that are taller than the previously analyzed 100' height. Therefore, the project will not substantially degrade the existing visual character or quality of the project site or its surroundings nor will it adversely impact day or nighttime views in the area beyond what has already been analyzed.
M
Title:
Date:
C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@30191125\@[email protected]
RESOLUTION NO.2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING AMENDMENT NO. 10 TO
THE OLD TOWN SPECIFIC PLAN (SP-5) (LONG RANGE
PROJECT NO. LR21-0279)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Procedural Findings. The City Council does hereby find, determine, and declare that:
A. The Old Town Specific Plan (SP-5) was approved by the City Council on February 22, 1994, by the adoption of Ordinance No. 94-05. Amendment No. 1 to the Old Town Specific Plan (SP-5) was approved on January 23, 1996, by the adoption of Ordinance No. 96-01.
Amendment No. 2 to the Old Town Specific Plan (SP-5) was approved on May 13, 1997, by the adoption of Ordinance No. 97-06. Amendment No. 3 to the Old Town Specific Plan (SP-5) was approved on July 13, 1999, by the adoption of Ordinance No. 99-12. Amendment No. 4 to the Old Town Specific Plan (SP-5) was approved on October 10, 2000, by the adoption of Ordinance No. 00-11. Amendment No. 5 to the Old Town Specific Plan (SP-5) was approved on August 24, 2004, by the adoption of Ordinance No. 04-08. Amendment No. 6 to the Old Town Specific Plan (SP-5) was approved on June 13, 2006, by the adoption of Ordinance No. 06-07. Amendment No. 7 to the Old Town Specific Plan (SP-5) was approved on May 25, 2010, by the adoption of Ordinance No. 10-09. Amendment No. 8 to the Old Town Specific Plan (SP-5) was approved on September 5, 2017, by the adoption of Resolution No. 17.56. Amendment No. 9 to the Old Town Specific Plan (SP-5) was approved May 26, 2020, by the adoption of Resolution No. 2020-32. The Old Town Specific Plan as originally approved and as amended by Amendments Nos. 1-9 shall be referred to in this Resolution as the "Specific Plan".
B. The City Council of the City of Temecula certified the Old Town Specific Plan Final Program Environmental Impact report ("FPEIR") on May 11, 2010.
C. Addendum No. 1 to the Old Town Specific Plan FPEIR was adopted on May 26, 2020.
D. Staff initiated Long Range Project No. LR21-0279, a Specific Plan Amendment, in a manner in accord with the City of Temecula General Plan and development Code.
E. The project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law.
F. On October 19, 2022, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Old Town Specific Plan Final Program Environmental Impact report and proposed Amendment No. 10 to the Old Town Specific
(SP-5) at which time all persons interested in these actions had the opportunity and did address the Planning Commission.
G. After hearing all written and oral testimony by staff and all written comments from the public on the proposed actions and duly considered the comments received, the Planning Commission Adopted Resolution No. 2022-32 recommending to the City Council that the Addendum No. 2 to the Old Town Specific Plan Final Program Environmental Impact report be approved. The Planning Commission also adopted Resolution No. 2022-33 recommending to the City Council that the proposed Amendment No. 10 to the Old Town Specific Plan (SP-5) be approved. Resolution No. 2023-32 and Resolution No. 2023-33 are hereby incorporated herein by this reference as if set forth in full.
H. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The City Council, in approving Amendment No. 10 to the Old Town Specific Plan (SP-5) hereby finds, determines and declares that:
A. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code.
The proposed Specific Plan Amendment conforms to the existing policies within the City of Temecula General Plan. The General Plan Land Use Element, as noted on page LU-26, anticipates that the City will provide comprehensive planning of large areas and identifies the Old Town Specific Plan as a specific plan area. The proposed Specific Plan Amendment is consistent with the General Plan Land Use Element Goal 7 of having "A viable, high quality Old Town Temecula area that enhances the City economically, preserves historic structures, and provides civic, cultural, shopping, and meeting and gathering places for tourists and residents. " The proposed Specific Plan Amendment also complies with all applicable Development Code standards required for Specific Plan amendments including Section 17.16.060 (amendments to approved plans) and Section 17.01.040 (relationship to the General Plan) and is consistent with the City of Temecula General Plan goals, policies and objectives.
B. The proposed Specific Plan Amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City; The proposed Specific Plan Amendment has been reviewed pursuant to the City s General Plan and all applicable State laws and has been found to be consistent with the policies, guidelines, standards and regulations intended to ensure that the development within the Old Town Specific Plan area will be constructed and function in a manner consistent with the public health, safety, and welfare.
C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments.
The Old Town Specific Plan consists of approximately 153 acres. As outlined in the Land Use Element of the City's General Plan (page LU-32), the purpose of a Specific Plan is to
provide a comprehensive planning document for large areas so that a coordinated planning approach is provided for all anticipated land use developments. As such, the entire Specific Plan area has been reviewed based on existing structures and future build out potential and is physically suitable for the land use designations provided by the Amended Old Town Specific Plan.
D. The proposed Specific Plan Amendment shall ensure the development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood.
As identified within the City's General Plan Land Use Element (page LU-30), Old Town Temecula is a strong identification point for the City and the City desires to ensure that Old Town remains a focal point for social, cultural, civic, tourist, and economic development activities. The Old Town Specific Plan was originally adopted to support and complement the desirable character of Temecula's downtown and the proposed Amendment to the Old Town Specific Plan further supports its downtown character. The City's General Plan Land Use Element states that the City will continue to implement the Old Town Specific Plan and will modify or amend it as needed to respond to development trends in the area (LU-40). As such, the proposed Amendment to the Old Town Specific Plan provides a means to enhance the area economically while also ensuring the development of a desirable character compatible with existing and proposed development in Old Town and the surrounding area.
Section 3. Approval of Amendment No. 10 to the Old Town Specific Plan (SP-5). The City Council of the City of Temecula hereby approves that certain Amendment No. 10 to the Old Town Specific Plan (SP-5) in substantially the form attached hereto as Exhibit "A".
Section 4. City Manager Authorization. The City Manager is hereby authorized and directed to take all steps necessary to implement this Specific Plan Amendment.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 29th day of November, 2022.
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 29th day of November, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
MAW.%*.1DIM W101100-f.%V11ILV2IK ZJII2IQI6 IMPIRINIRM119hUll110M► 4101 32MINS12118111jell 011KI1I�I����M]Rs�M�C�1 A. Allowable Building Types and Building Height
The table below outlines the allowable building types
and building heights m the DcragAown Core and
Downtown Core/Hotel Overlay district_ Additional
standards related to Building Typez are addressed in
Section E of this chapter and shall be applied to all
projects in the Downtown Care and Dotiyntoun
Core. -'Hotel Overlay district- Sections V-B and V.0 of the Design Guidelines Chapter, also discuss basic
building forms and the architectural character that is
required to reflect the historical context of Old Town
Temecula and shall be applied to all building
constructed in the Downtown Core and Dotiyntoun
Core. -'Hotel Overlay district. The Design Guidelines
contained in Chapter V shall be used in concert - ith the urban standards contained in this chapter-
1 Building Type and Building Frontage Standards
Bhall be applied as required in Section E and F of
this chapter.
2 Allowable Building Height in the Hotel Overlay is
eight stories equivalent to no more than 100 feet to
allow by right a full service boutique hotel with
food service and conference facilities-
' Buildings adjacent to a designated historic
structure that share a street frontage shall not be
constructed more than one story or 25 feet higher
than the historic structure, m the adjacent 25 feet of
frontage -
Table IV-S;
Allowable Building Types and Building Height in the
Downtown Core and Downtown CorelHotel Overlay District
Allowable Building
Building T�'pe1
Permitted
Not Permitted
Height
niax. feet! stones z,a
Rouhouse
X
------- -- ---
3A 55 feet+n.ax++�um height
iu-4. stories
59 55 fleet maximum heft
in 3 stories; but up to 54 55
feet in four stories all..ed
Courtyard Building
X
when at least one level is
residential. of when one
level is office and parking
is o,�zded-
50 55 feet maximum heTh
in 3 Stones; but up to 4M 55
feet in four stories when at
Commercial B lack
X
least one level is
residential, of when One
level is office and parking
is provided
Detached House
X
NIA
Duplex, Tfi-p1ex, Quad-
N/A
plea
X
Bungalow- Courtyard
X
City of Temecula — Old Town Specific Flan IV-20
IV. LAND USE AND 17RSAN DENTLOP1IIIENT STANDARDS — DOWNTOWN CORE AND DOWNTMAff COREJHOTEL OVERLAY DISTRICT Figziros IV-6a, b, c. Conceptual sketches of
lypi:G oi!oivaNa buildmg height scernaios in
Me Downtown Core and Downtown Core
HoW Over4a4 District:
Wm
---- ----- --
Elevation at
Finished Grade
of Sidewalk
a. Typical Three -Story Scenario
City of Temecula — Old Town Specific Plan
Elevation at '
Finished Grade
orSidewalk {
b. Typical Four -Story Scenario
e. Typical Eight -Story 5cenarlo==(Hotel)
IV. LAND USE AND i RRAN DEVYID h1ENT STANDARDS - Da1vvNT0'%N'N CORE AI*-DDDRFNTONN-N COREMOTEL OVER .Y DISTRICT IV-6 d: Conceptual sketch of altowable buileiing hefghr (typical) ix relatfansh�p to flee fnishedgrade of the side,calk whe€z tyre buildmg fracades are located an a slope.
55' Finished
Grade at
Sidewalk
Front St.
City of Temecula — Old Town Specific Plan
K� wl . •e at
m �Z=M OR Sidewalk
Finished Grad
at Sidewalk
Mercedes St.
N. LAND USE AND URBAN DEVELOMEENT STANDARDS
F. BUILDING FRONTAGE STANDARDS
This aection identifies the seven frontage types that are allowed within the Old Torero Specific Plan area_ Each
frontage type is subject to the Urban Standards and
requirements for each zoning district as outlined in
Section IV.D (Urban Standards) of this chapter_ The
frontage t}-pes allowed in Old Town are as follows and
are organized and discussed in more detail in the
following section_
■ Shopfront
■ Arcade
• Gallery
• Taro -Stare Callery
a Forecourt
• Stoop
• Porch
■ Raised Commerci,-1 Parch
Additionally, this sec_:.:t :_i•_ludes a discussion of, and provides specific requ:ienie=it_ and standards for, all commercial ground floor facades regardless of frontage
t}Te.
City of Temecula — Old Town Specific Plan
IV. LAND USE AND L7RS dim DEVEIDPl1IENT STANDARDS
h_ Raised Commercial Porch
A Raised Commercial Front Porch type is for
commercial building types that have a raised first floor porch and entry_ Exterior stairs and a raised porch
provide accesF, to the commercial uses_ The porch
landing is positioned at the build -to -line, and the stairs and pedestrian pathway to the Porch extend into the
area between the Porch landing and the property line
(the "Frontage Ions"). The exterior stain may be
perpendicular and. -'or parallel to the sidewalk. The Parch may incorporate all elevation< faciti the public right -of way- Porch material finish shall be architecturally
compatible with the stractxue_ The elevation of the
Porch shall be no more than 24 inches above the
adj oining sidewalk_
City of Temecula — Old Town Specific Plan
Ii'-9 S
IV. LAND USE AND UREA-Nti DEVELOPA•IENT STANDARDS
2. General Requirements for Commercial Ground
Floor FaVades
Except for historic structures or legal nonconforming HARDWARE Comlce! 2' to T structures, all commercial ground floor facades, 5ignage regardless of frontage t}pe, are subject to the fMllonrng general requirements: Transom
j. A minimum of 75 percent of the ground floor shop 7M Awning 7 front fade shalt be �vindous. 12' floor
C4 CtiffiIlg
ii_ All VaYndoxvs shall be recessed no less than two Display rninimtun
inches. All ground floor windoi s shall be framed with Windows molding no less than two inches ~ride. 4
iii. Entry doors may be recessed a maximum of six feet L L Bulkhead to create an exterior
Door to Doors w/ Glass
iv- Aluminum shop front or spandrel panels are not 2nd floor permitted materials forte commercial
ground floor facades.
v. Awnings may only- provide shade along the building HARDWARE Cornice/ �� to �� frontage and shall not corer the entire facade. si age
Transom
12' floor
Figure IV-56a (above) ; =. s 4 .. :.: < :N;:'z:: � <::d to ceiling Display
above the aiss�:'.r.� �....^e,�s =�, ,:cc���:�.��:.�,� 7.n n]inirllurn awning. Windows
Figure IV--SEb (bainw): Shopfront fagade simitgr to
above, but without an awning band above Me dupk Bulkhead windows.
Door to Doors w/ Glass
2nd floor
City of Temecula — Old Town Specific Plan
IV. LAND USE AND URBAN DEVELOPMENT STANDARDS — DOWNTOWN CORE AND DOWNTOR CORE'HOTEL OVERLAY DISTRICT iii. Allowable Parking Placement
Parking and loading facilities mithL the Dotimtown
Core and DDwutoti,m CoreMotel Orerlav district shall
be placed on the site in accordance mith the following
requirements:
Table IV -a`:
Parking Placement in the Downtown Core and
Downtown Corellgotel Over District icallot
Parlang
Surface parldug,
Subterranean:
Facility-
tuck under
Setback
parking, alley
(behind build-
loaded parldng,
to line):T
structured garage
parkingl, podiums
ar '3
A. Front Yard
20 feet from the
0 feet from
Setback
build -to line along
property line
(primary atreet
the primary street
frontage
frontage; 50 feet is
andior
recommended=
Murrieta
Creek
B. Side Street
20 feet minimum
0 feet from
Setback
from the build -to
property line
(secondary
line along the
street frontage
secondary street
on corner lot)
frontage; 50 feet is
recommended=
C. Side Yard
0 t fr
feeert"
0 ffrom
Setback
ro lineom
roeet • line
D. Rear Yard
f feet from
0 feet from
Setback (no
properti line
property line
all
E. Alley Rear
0 feet from
0 feet from
Yard Setback
property line
property line
Citv of Temecula — Old Towm Specific Plan
Figure IY-4. ALT wable parkin; placement in doe DTC and DTCIHO district f¢r lots without 11 urrieta Creek frontage.
V
aU
51.1 c�
E
'L
a
Curb
Alley (where occurs)
Side Street
1 All parking structure upper stories may be built to the build -to line.
Parking �,etbzL:ti , apply to the parking level adjacent to the sidewalk_ T,_1_z:l :nd:-.idUzl :.etacnea earzee= are prc-.idev fol- are.- huilv_m- t-.rz thE; =_l=zl_ "c _•-cated at ie -ear _5 pelcert t11E ':te a_ c_ 3='ee:lEd i1cm the street.
IV- 1?
IV. LAND USE AND URBAN DEVELOMEENT STANDARDS - DOWNTOWN CORE AND DOWNTOWN COREIHOTEL OVERLAY DISTRICT Table YV-6:
Parking Placement in the Downtown Care and Downtown
coremotel Overlay pjgtTiGi_ ots with Murrieta Creek
frontage)
Parking Facility
Surface, tuck under,
Subterranean:
Setback
alley loaded,
(behind build -to
structured garage
parkingl, and
line):2
podium parking:3
A. Front Yard
20 feet from the
0 feet from tlae
Setback (pnmzfy
build -to line along
build -to- line
street frontage
the primary street
andior Alumeta.
frontage; 5fl feet is
Creek)
recommended2
B. Side Street
20 feet minimum
0 fleet from the
Setback
from the build -to luxe
build -to- line
(secondary street
a1mg the secondary
frontage on
street frontage; 50
corner lot)
feet is recommeaded2
C. Side Yard
0 feet from property
0 feet from
Setback
line
property line
D. Rear Yard
5 feet from property
0 feet from
Setback (no
line
propert,; litre
all
E. A8L-y Rear
0 feet from propem
0 feet from
Yard Setback
line
property line
hill parking structure upper stories may be built to the build -to line. 2Parking setbacks apply to the parking level adjacent to the sidewalk.
Figure IYa: A Uowable parking placement in the DYC• aml DMHO disiricl far Iots with +idurrieta Creekfrontage.
—Curb
B
f
Y
01 1"
f �
da
0 I
u D
O%Vhen individual detached garages are provided for any building t= they shall be located at the rear 25 percent ofthe site and screened Emir the street_ Side Street
Property Line
_ Alley (where occurs) - - — --
City of Temecula — Old Town Specific Plan 1V-18
V. DESIGN GUIDELINES
C. ARCHITECTURAL DESIGN GUIDELINES
The architectural design guidelines for Old Tcau are
organized into four topics: building farm, frontage type, architectural style, and materials_ While architectural principles are defined, variety and individual expression within this framework are encouraged. The community
desires a character of anchitectttre and streetscape
reflecting Temecula Valley's history, natural landscape and climate.
1. Building Form
By 1930, the buildings on Main Street provided clear
and well-defined edges to the public realm. Tke
building facades were all positioned on the build -to
line„ and the building farms were A=& simple
volumes_ Variety on street edges was created through
the use of various ilcrtaze roes (galleries, arcades,
etc.). Future buildinf_ :n O j Tti "m are encouraged to reinforce this historic pattem through the _use of simple and clear building massing, enbvened with various
frontage types. Building facades that exceed 50 linear
feet should incorporate varying architectural expression, character, and rooflines so a3 to appear to be made up of carious smaller building facades.
Figure V-26 illustrates some common examples of two,
three and four-story building forms that are encouraged in Old Town. Tlie hez,,--: dashed line is 'he t-mld-to line on which the facade :nus, be p:sii:.:rev. -ne :Peaty solid line is the property line, and the d. _ible thin lines
represent the curb. The 10-foot v6jde public sidewalk
Les between the property line and the curb, and the 10- foot extension of the sidewalk onto private land lies
betureen the property line and the had -to line_
Galleries, arcades, ammings, canopies, signage, etc. are located v idLia the 10 faet between the property line and the facade_
The realm of the streets is the primary puttee asset in Old Town- The goals fnr this public realm include
clearly defined street edges, architecture with character, and a lively and interesting pedestrian experience_
While the private needs of tenants are met within the
interior spaces, the public responsibility is to contribute to a clearly defined street providing a pleasant
pedestrian experience. The fc ,,::-:n= section focuses on frontage types that may be ccrn'�-,xed with simple
building harms to achieve these goals for the public
realm-
2- Story
3-Story
3 Story + 4th Setback
3-Story + Forecourt
r
r
1 Y
-
r
fy
I fJ r
v 9
Figure V-36. Examples ofperrnitledbuddutgforms irr Old Tow•rr City of Temecula - Old Town Specific Plan V-19
f Gates that are used in conjunction with the fencing
should be of similar color and material as the fencing
and should incorporate appropriate hardware to meet
Building and Fire code requirements-
g. The construction of decorative accent brick or store pilasters between stretches of fencing is recommended
to add interest and variety to the outdoor dining or
sidewalk cafe area. This is especially encouraged when
the pilasters may be able to appropriately tie in building materials that have been used on the primary Amcture-
h_ One pilaster is recommended for every 8 linear feet
of fencing_
j The minimum fence height is 3F when alcoholic
beverages will be sem-ed within the outdoor
dmingisidewalk cafe area- It m encouraged that all
fencing in Old Town be between the heights of 36 and
42".
1- Fencing and gates should be able to withstand outdoor use and be cons nually maintained in good condition,
repair and quality at_all times.
Figij r e I =111: smple affencing and landscaping -
1c Requirements for Fencing not associated with dining
can be found in Section L_
4. Landscape Treatment Guidelines
a. The use of potted plants, flower boxes, and hanging
plants are encouraged to soften outdoor dining and
sidewalk cafes in Old Tvwa1
b. The incorporation of potted landscaping andlor
landscape planters into the masonry walls. -pilasters of an outdoor dining or sidewalk cafe area is encouraged.
Flower boxes are encouraged to be used in combination
with barrier fencing.
c. If a solid masonry hall is utilized as the barrier to delineate an outdoor dining or sidewalk cafe area, it
should be softened with climbing vines or other
landscape materials.
Figure V-123: &xampie of landscape pla?der boxes mead as fencing_
Figure V-124 (abow): &xampfes of
IGnd.rcrrpe treatmem& IA21 may be
appropriate to soften ou0oor eati€rg areas
or sidew-alk cafes.
City of Temecula - Old Town Specific Plan V-80
V. DESIGN GUIDELINES
L. FENCING NOT ASSOCIATED WITH DINING
a. Appropriate fencing materials for commercial
projects include, but are not limited to, decorative
wrought iron, tubular steel, natural woad or
materials that resemble natural wood, decorative
masonry and landscape planter boxes_ Fences
should be decoratne m nature and enhance the
built emironment. Other materials may be
considered and approved by the Director of
Planning on a case -by -case basis, dependent upon
the architectural compatibility, o,�erall desijn and
appearance of the fencing materials_
b_ All proposed fencing shall require the rexiew and
approval of a Modification Application and any
appropriate building permits.
r- One pilaster is required for every $ linear fleet of fencing.
d. All fencing in the Downtown Core shall be
between 36" and 42-_ Fencing in the
Residential/Limited Mixed Use and Neighborhood
Residential Districts shall be between 36" and 42-7
and no higher than 6 feet.
e_ Fencing and gates shall be able to withstand
outdoor use and shall be continually maintained in
good condition, reparr, and quality at all times.
f Chain link fencing material is not permitted_
City of Temecula — Old Town Specific Plan V-97
III. ADMIlYISTRATION AN➢ HISTORIC PRESERVATION
F. RELATIONSHIP IO OTHER REGULATIONS
All construction and development within the Old Town
Specific Plan area shall comply with the applicable
provisions of the California Building Code and u7th the various related mer-.hanical, electrical, and plumbing
codes, and with the Fire Code_ In case a conflict arises between the provisions of the building and fire codes
and this Specific Plan, the building and fire codes shall prevwl.
G. NUN- CONFORMING USES AND
STRUCTURES
Where. at the time of passage of this Specific Plan, a
lawful use of land or structure exists which would not
be permitted by the regulations imposed by this Specific Plan- such use or structure may be oontinued
indefinitely unless one of the following occurs:
a If the non-confo:mir.g u_e vacates the property
and the non-::.af::rz:r,=- use is not re-
established within one year__ the use shall not
be re-
established-0
If the non -conforming use voluntarily vacates
the property for any reascn after the year 2013,
then the non-conf naming use shall not be re-
established_
a If more than 50% of the non -conforming
structure is damaged or destroyel the
structure shall not be re-established.
a If more than 25%. but less than 50% of the
non -conforming structure is damaged or
destroyed, the structure may be replaced if the
emlerior of the repaired structure substantially
conforms to the approved urban architectural
standards and design guidelines contained
Chapter 1_V and Chapter V of this Specific
Plan.
a Existing detached single-family residences in
the Neighborhood Residential (NR) and
ResidentiaMmiited Mixed Use MILMIJ)
Districts are not subject to the requirements
abvu-e and may be expanded subject to the
approval of the Director of Planning.
City of Temecula — Old Town Specific Plan III
A r D191 ILI MI"IMI R IN
a. - tilides
j. There shall be no above ground utilities permitted to be located within the 20-foot public alleyway-
ii. There shall be no landscaping within the 20A
public alley,, ay, however landscaping may be proladed
along the building fagade adjacent to an alley on private property-
iii. Utilities shall be placed underground within the
public alleyways in Old Town unless prmven infeasible
by the utility-
iv- Utilities &hg6M ghnil be placed in compliance with
the Utility and Infrastructure Design Guidelines
contained in Section Vx of this Specific Plan.
v- Above ground utilities asp^ia„'a �sa'1 be placed an
private property adjacent to the public alleyway within parking areas, landscape planters, building `-notch
cuts," or utility rooms as to not encruach or obstruct the required 20 foot public alleyway.
vi- All required utility easements shall be obtained and recorded as a condition of approval for de-Mopment
vii. Buildings that are constructed adjacent to the public alleyways in Old To-a-n shall be designed to
accommodate trash pickup from the public alleyways
whenever feasible- The location of trash enclosures
shall be considered in a building's design in_,order to accommodate adequate access for waste disgosal
trucks-
viii The construction of a concrete stress pad shall be required within an alleyway when the location of the
trash enclosure dictates that traslx trucks access the
alleyway on a regular bmh.
City of Temecula — Old Town Specific Plan
Figure fY=104: Akarrple of an wrban &ley-
IV. LAND USE AND URBAN DEVE.10n-LENT STANDARDS
TABLE IV -I: LAND USE 1LkMX
LIST OF LTSES
Residential -Limited -lilted-T.se
(R(LMLO
DonntoRn Core (DTC)IDowntolKn
C o re -Hotel Overlap (DTCfHO)
\ei-,hborhood Residential
c t R)
Adult Eutertdmmo<ent Businesses
Alcoholic Be►wage Sales
CLL
C.-
Ad Studio with or without a gal lam,
PL
P;
-
Bm, CocRail Lowige
C1
C
-
Beer TastEg Estabhshmemd
OL3
C1 `
—
Bed and BmWast
C
C
Coummunitk Care Facility (6 or Fewer)
-
P
Cnummunitk Care Facility (7 to 14)
-
C
Dar Cara -Preschool
C1
C2
Dar Spa - (Full Service)
P=
P
-
Drive-thm Businesses (includes Pa&g establishments and banks) -
Escape Rooms
C
C
Farmers Markel
C
C
-
Health and fiWess, dance, martial arts studro
Pl
Pe
Home Occupation
P
P
P
Ci ar:'Hook-ahClub batemembershi only)
C
C
Hotel
P'
P}
Enterta=eut
See-Mimicrpal Cade$' 1°
See MUrLjCLpal COW. L4
Massage Facilities
-
Museum
P
Neighboirkood market, gmmy store
P:
P
Office AdministrmtverPLnfiessionall fedical
pi,
FO
PerformiEg Arts
P
Personal yen Lecs
Pl
P,
-
Residakal - Attached
P
P°
P
Resideu ial - Detached
-
P
Remduhal - LLva-W oLie
C
C
C
Restaurant witlwut Alcchd
P,
P`,
Restaurant with Beer and Wine
r
P9
—
Restauraut with Beer, brine, and Distilled Spirits
C
C
Restaurant with Entertainment (not mcludin daj=.
See Muaicipal Code'
See Municipal Cade
-
Restaurant with FuterUmment and or Dancing
See Niwucipal Code'
See',rlunicipal Cade
-
City of Temecula - Old Town Specific Plan
IV. LAND USE AND URBAN DENTLOPAIENT STANDARDS
Retail
Pi
P
-
Tattoo Shidia
-
-
Trade-Educahmal Institution
Pi
P.
-
Wine Pro I+S:zo Brew — J a 02 AEC License only)
Pr
P
-
R'ine Tasting Facih t 02 ABC License onl)
Ps
P`
Wine Tasting FacilAy
Cin
C1.1
_
Except hotel operations, business aetivities u^ithin the ResidentialfLitnited A4ixed-Use and Neighborhood Residential during the hours of 12:00 a-m. and 3:00 a.m- shall require a Conditional Use Permit_
Any use not expheitly stated above shall require a use determination by the Planning Commission.
P Use is permitted by right
C Use is permitted with a Conditional Use Permit
Use is not permitted
1. Use is limited to ground floor only.
2. These uses are limited to either the second floor (or higher) or to locations that do not front upon or open directly onto either Old Ti -n-a Front Street or Main Street
3_ This use is limited to locations that front Morena Road_ Full service hotel uses with food er: ice and conference facilities at heights greater than three stories but limited to eight stories may be considered under a Conditional Use Permit. Subject to the Supplemental Standards far hotels over 3 stories.
4. Full sen=ice hotel uses vith food service and conference facilities in the Downtowm Core -Hotel Overlay (DTCtHO) are allowed eight stories. Subject to the Supplemental Standard and Special Use Standards in Section IL .G of this chapter, for hotels over three stories.
Outdoor entertainment is not permitted in Old Town. Cit4 sponsored signature events andlor events when the City is the applicant are exempt. Outdoor lire entertainment may be considered for private businesses in Old Town uith a Temporary Use Permit as appropriately conditioned limited to one event per quarter per Section IIIN-
6_ 0-found floor residential not permitted in the Downtawn Core area along Old Town Front Street and Main Street- 7- Shall include a =tc-e r .:it t-,tinff o3m. Premises with or without the product sale for off -site consumption is limited to a Department of Alcoholic Beverage Control License T_, pe C 2 k"Viren -: _negrower)_
S. Premises with or unthout the product sale for off -site consumption is limited to the Department of Alcoholic Beverage Control License Type 02 (IN':nen: '•l.'ineero,- er)-
9_ Oucacor D i r m— or 5 deuralk Cafes are permitted in conjunction with a restaurant subject to the review and apprrn.al of Minor _Modification or as approved with a Derelor.:r.eii: P't:r application-
10. Premises witi er -xithcat the product sale for off -site consumption applying for any Department of Alcoholic Beverage Control License type otlxer than a Type 02 (Rlinery Winegrower).
11_ Subject toCh£oter1'--5_ip_•lerienialDes. alcpmertSt-ndaidsoftheDm-elopmentCode_ 12_ This use is pemii-Led ,:i eithe- the -3ana 10 r or sac€ria lo,-r.
13. Premises with or without the product sale for off -site consumption is limited to the Department of Alcoholic Beverage Control License Type 23 (Small Beer Manufacturing — Duplicate)
14. Subject to Municipal Cade Section 9.10 (Entertainment License) City of Temecula — Old Town Specific Plan
ai. LLR[lti:12
• Liz:it::l_ Aal: be :.cz.ev a: a t.:ri:l:m:ze =he
impzct of l:g:ltL:l£ u on ad zceac buildu:gs aad
properties, especially residential uses_
• Any lighting source, including illuminated
signs, shall be positioned so than light does not
shine directly into residential windotiLs_
■ No outdoor lights shall be permitted that blink,
revolve, flask or change intensity-
4. Ralcnnies, Patios, and Porches
a. Intent
Balconies, patxo5i and porches shall be maintained clean, orderly and free of clutter. All Turn shings shall be
designed for outdoor use only.
b. Requirements
j. No permanent or temporary enclosure including
shutters, blinds or partition shall be affixed to any area of the porch, patio or balcony_ If any change to the
exterior appearance of the por* balcony or patio is
desired, a minor modification shall be submitted to the Planning Department for review and approval
ii. Freestanding spas, hot tubs or similar amenities shall be screened from public view. The placement of such
items on balconies, patios and porches are subject to the re6ew and approval ofthe Direction of Planning.
iii- Balconies„ patios and porches may not be used for
3tarage_
City of Temecula — Old Town Specific Plan
iv. Clothing, sheets, blankets, laundry, water
accessories or raft,, toys and similar objects slxsll not be hung from on exposed on the balconies, patios or
porches.
v. Planters containing lire, v e11 groomed plants are
permitted pmi ided the plant does not extend beyond the interior of the balcony, patio or porch. No empty
planters or planters containing dead, diseased or dying plants may be stored at any time within a balcony, patio or porch- If it is determined that plants are not being properly maintained, the Planning Director shall have
the authority to require the property owner to remove or replace the plantings.
i i_ Hoses on porches, patios and balconies shall be kept in a hose reel or hose hideaway.
5. Sed and Breakfast Establishments
a. Intent
The purpose of this section is to pmii de standards for the development and operation of Bed and Breakfast
establishments in Old Tov4m-
b. Requirements
j. All Bed and Breakfast Establishments in Old Town
shall comply with the pr av lions contained in Chapter
17.10 of the Temecula Municipal Code, exGept f9F t1ae
c. Supplemental Requirements
In addition to the requirements stated above, the
following shall also apply to Bed and Breakfast
Establishments u7thin the Specific Plan area:
j. Off-street parking shall be provided at a ratio of one space for each bedroom available for vent in addition to the parking required for the primary dwelling unit_
ii. Signage shall be limited to one on -site sign not to exceed 6 square feet in area_ The sign may not be
freestanding.
6. Full Service Hotels
a. Intent
Full -Service Hotels within Old Town shall provide
quality hotel accommodations, with food service and
conference facilities_ Full -Service Hotels that
amenities and quality hotel accommodations vvith
conference facilities and facd service in a development that ccnl-:eirents cojrrle-_ial and mixed -uses within
the Old Tov.:i 5 vev:=:. Plan and would attract local and regional visitcrs including businesses and tourists to the area is encouraged. To assist in providing
accommodations for visitw a:iv bovine =es, full service hotels that provide conference fzci:r:ie; and food
services may be considered for heights up to eight
stories (*maximum 104 feet) at lccation_ `1zt front
Moreno Road within the Re::Je:trial-Li:ui:ed
use (RILML) District, _ti.liect to the approval of a
Conditional Use Permit. Rill Service Hotels -with food
service and conference facilities within the Downtown
Core Htitel DEerl3l, !DTC HO) District are permitted
up to eight stories-w:taou: a Conditional Use Permit
All Eull Hotels shall comply with the design
criteria and 3e%-e:4 nuent Azad 3rd_ cf its zcniaE district in add -fon tc r e nipplemertal rev _t_re:ue:l__ as-c:lcia s:
I'V-102
PC RESOLUTION NO.2022-32
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING ADDENDUM NO. 2 TO THE
OLD TOWN SPECIFIC PLAN PROGRAM
ENVIRONMENTAL IMPACT REPORT (SCH NO.
2009071049)"
Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that:
A. In May 2010, the City Council of the City of Temecula approved a comprehensive amendment to the Old Town Specific Plan ("Specific Plan"). At that time, the City certified a Final Program Environmental Impact Report, State Clearing House No. 2009071049 ("EIR"), to comply with the requirements of the California Environmental Quality Act ("CEQA") for approval of the Specific Plan Amendment.
B. Addendum No. 1 to the Old Town Specific Plan Final Program Environmental Impact Report was adopted May 26, 2020.
C. The Specific Plan provides standards and guidelines for development. Amendment N. 10 to the Specific Plan would update and modify those standards to allow for revisions to certain development and land use standards.
D. The City has caused an Addendum No. 2 ("Addendum") to be prepared for the Specific Plan Amendment in accordance with Section 15164 of the CEQA Guidelines because the Specific Plan Amendment does not require the preparation of a new or Supplemental Environmental Impact Report pursuant to CEQA Guidelines section 15164.
E. Addendum No. 2 to the Old Town Specific Plan Final Program Environmental Impact report, addresses potential environmental impacts that might result from the Specific Plan Amendment.
F. An Addendum need not be circulated for public review but is attached to the Final EIR in accordance with CEQA Guidelines Section 15164.
G. The City Council has reviewed and considered the Addendum No. 2 in conjunction with the Program EIR.
H. On October 19, 2022, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Old Town Specific Plan Final Program Environmental Impact Report and proposed Amendment No. 10 to the Old Town Specific Plan (SP-5) at which time all persons interested in these actions had the opportunity and did address the Planning Commission.
I. The Planning Commission has reviewed the findings made in this Resolution and finds that they are based upon substantial evidence in the record of proceedings. The documents, staff reports, and other materials that constitute the record of proceedings on which this Resolution is based are on file and available for public examination on the City's website at www.TemeculaCA.gov .
J. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in recommending that the City Council approve the Resolution hereby finds, determines and declares that:
A. The City has reviewed the potential impacts of Amendment No. 10 to the Old Town Specific Plan (SP-5) and the potential benefits to the City of Amendment No. 10 to the Old Town Specific Plan (SP-5) and has concluded that Amendment No. 10 to the Old Town Specific Plan (SP-5) in the best interest of the City.
B. Amendment No. 10 to the Old Town Specific Plan (SP-5) is consistent with the City's General Plan including the goals and objectives thereof and each element thereof.
Section 3. Environmental Findings. Consistent with State CEQA Guidelines Section 15164, the Planning Commission, hereby makes the following environmental findings and determinations in connection with the approval of the Specific Plan Amendment:
A. Some changes or additions to the Program EIR are necessary, but none of the conditions described in the State CEQA Guidelines Section 15162 calling for the preparation of a Subsequent EIR have occurred.
B. There are no substantial changes proposed by the Amendments that will require major revisions of the previously certified Program EIR due to the involvement of new significant environmental effects or substantial increase in the severity of previously identified significant effects;
C. No substantial changes have occurred with respect to the circumstances under which the Amendments are undertaken that will require major revisions of the previously certified Program EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and D. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previously certified Program EIR was adopted or Addendum No. 1 was adopted, showing that: (a) the Amendments will have one or more significant effects not discussed in the Program EIR; (b) there are significant effects previously examined that will be substantially more severe than shown in the Program EIR; (c) there are mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the City declines to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the Program EIR would substantially reduce one or more significant effects on the environment, but the City Declines to adopt the mitigation measure or alternative.
Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt a resolution approving Addendum No. 2 to the Old Town Specific Plan Final Program Environmental Impact Report (SCH No. 2009071049) for Specific Plan Amendment No. 10 to the Old Town Specific Plan per Exhibit "A" attached hereto.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 19th day of October, 2022.
Gary Watts, Chairperson
ATTES .
L e Watson
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the foregoing PC Resolution No. 2022-32 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of October, 2022, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Hagel, Ruiz, Turley-Trejo, Watts NOES: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
ABSENT: I PLANNING COMMISSIONERS: Telesio
Luke Watson
Secretary
RESOLUTION NO.2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING ADDENDUM NO. 2 TO THE
OLD TOWN SPECIFIC PLAN PROGRAM
ENVIRONMENTAL IMPACT REPORT (SCH NO.
2009071049)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Procedural Findings. The City Council does hereby find, determine and declare that:
A. In May 2010, the City Council of the City of Temecula approved a comprehensive amendment to the Old Town Specific Plan ("Specific Plan"). At that time, the City certified a Final Program Environmental Impact Report, State Clearing House No. 2009071049 ("EIR"), to comply with the requirements of the California Environmental Quality Act ("CEQA") for approval of the Specific Plan Amendment.
B. Addendum No. 1 to the Old Town Specific Plan Final Program Environmental Impact Report was adopted May 26, 2020.
C. The Specific Plan provides standards and guidelines for development. Amendment N. 10 to the Specific Plan would update and modify those standards to allow for revisions to certain development and land use standards.
D. Addendum No. 2 to the Old Town Specific Plan Final Program Environmental Impact Report, addresses potential environmental impacts that might result from the Specific Plan Amendment.
E. The City has caused an Addendum No. 2 ("Addendum") to be prepared for the Specific Plan Amendment in accordance with Section 15164 of the CEQA'Guidelines because the Specific Plan Amendment does not require the preparation of a new or Supplemental Environmental Impact Report pursuant to CEQA Guidelines section 15164.
F. An Addendum need not be circulated for public review but is attached to the Final EIR in accordance with CEQA Guidelines Section 15164.
G. The City Council has reviewed and considered the Addendum No. 2 in conjunction with the Program EIR.
H. On October 19, 2022, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Old Town Specific Plan Final Program Environmental Impact Report and proposed Amendment No. 10 to the Old Town Specific
Plan (SP-5) at which time all persons interested in these actions had the opportunity and did address the Planning Commission.
I. After hearing all written and oral testimony on the proposed actions and duly considering the comments, the Planning Commission adopted Resolution No. 2022-32 recommending to the City Council that Addendum No 2 to the Old Town Final Program Environmental Impact Report be approved. The Planning Commission also adopted Resolution No. 2022-33 recommending to the City Council that the proposed Amendment No 10 to the Old Town Specific Plan (SP-5) be approved. Resolution No. 2022-32 and Resolution No. 2022-33 are hereby incorporated herein by this reference as if set forth in full.
J. On , the City Council of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Old Town Specific Plan Final Program Environmental Impact Report and the proposed Amendment No. 10 to the Old Town Specific Plan (SP-5) at which time all persons interested in the Project had the opportunity and address the City Council.
K. The City Council has reviewed the findings made in this Resolution and finds that they are based upon substantial evidence that has been presented to the City Council in the record of proceedings. The documents, staff report, and other materials that constitute the record of proceedings on which this Resolution is based are on file and available for public examination on the City's website at www.TemeculaCA.gov . The City Council has independently reviewed and considered the contents of Addendum No. 2 prior to deciding whether to approve the Specific Plan Amendment.
Section 2. Further Findings. Consistent with CEQA Guidelines Section 15164, the City Council finds and determines that Addendum No. 2 is the appropriate environmental document to analyze the proposed Amendment No. 10 to the Specific Plan ("Amendment") because:
A. Some changes or additions to the Program EIR are necessary, but none of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred.
B. There are no substantial changes proposed by the Amendment that will require major revisions of the previous Program EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
C. No substantial changes have occurred with respect to the circumstances under which the Amendment are undertaken that will require major revisions of the previous Program EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and D. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous 2 Program EIR was adopted or Addendum No. 1 was adopted, showing that: (a) the Amendment will have one or more significant effects not discussed in the Program EIR; (b) there are significant effects previously examined that will be substantially more severe than shown in the Program EIR; (c) there are mitigation measures or alternatives previously found not to feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the City declines to adopt the mitigation measures or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the Program EIR would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative.
Section 3. The City Council hereby adopts Addendum No. 2 which is attached hereto as Exhibit "A" and incorporated herein by this reference. 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ,
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
4 ADDENDUM NO. 2 TO OLD TOWN SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT (SCH# 2009071049)
Prepared by the City of Temecula
In its capacity as a Lead Agency
PROJECT TITLE: Old Town Specific Plan Amendment #10 (LR21-0279) PROJECT APPLICANT: City of Temecula
PROJECT DESCRIPTION: Planning Application No. LR21-0279, an amendment to the Old Town Specific Plan to revise certain development standards and land use standards. Proposed amendments include:
1. Revise maximum building height standards for three and four-story buildings in the Downtown Core district from 50 feet to 55 feet;
2. Add provisions to allow for raised outdoor patios (24-inch height) for commercial structures;
3. Revise commercial ground floor fagade standards to prohibit the use of aluminum shop front or spandrel panels;
4. Clarify existing parking structure setback language so that it applies to all parking structure stories;
5. Revise architectural guidelines to clarify varied roofline and fencing language;
6. Revise non -conforming use language for Residential and Limited Mixed -Use Zones so that it is consistent with existing language in the specific plan;
7. Revise alley requirements to clarify utility locations, trash service, and deliveries requirements;
8. Amend Use Matrix to allow beer tasting, escape rooms, and Entertainment Licenses;
9. Clarify existing language related to bed and breakfast establishments for consistency with the City of Temecula Municipal Code.
PURPOSE: This addendum to the Environmental Impact Report is being prepared pursuant to CEQA Guidelines Section 15164 which allows for a lead agency to prepare an addendum to a previously adopted Environmental Impact Report. Specifically, CEQA Guidelines Section 15164(b) provides that an addendum to an adopted Environmental Impact Report may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent Environmental Impact Report have occurred.
Pursuant to CEQA Guidelines Section 15162, no subsequent Environmental Impact Report shall be prepared for the project unless, on a basis of substantial evidence in light of the whole record, one or more of the following is determined:
Substantial changes are proposed in the project that will require major revisions of the previous Environmental Impact Report due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects;
Old Town Specific Plan Amendment No. 10 (LR21-0279)
Addendum to Initial Environmental Study
2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3. New information of substantial importance identifies one or more significant effects not discussed in the previous Environmental Impact Report.
FINDINGS CONCERNING ENVIRONMENTAL IMPACTS OF THE PROJECT:
In accordance with the California Environmental Quality Act (CEQA), the environmental impacts of the original project were studied in a Final Program Environmental Impact Report ("FPEIR") (SCH# 2009071049) that was certified on May 11, 2010 and in a subsequent addenda prepared in May 26, 2020 which is now final. In compliance with CEQA Guidelines Section 15164 an Addendum to the EIR has been prepared which concludes that the proposed amendment to the Specific Plan which includes: Provisions to allow for raised outdoor patios (24-inch height) for commercial structures, revise commercial ground floor fagade standards to prohibit the use of aluminum shop front or spandrel panels, clarify existing parking structure setback language so that it applies to all parking structure stories, revise architectural guidelines to clarify varied roofline and fencing language, revise non -conforming use language for Residential and Limited Mixed -Use Zones so that it is consistent with existing language in the specific plan, revise alley requirements to clarify utility locations, trash service, and deliveries requirements, amend Use Matrix to allow beer tasting, escape rooms, and Entertainment Licenses, and clarify existing language related to bed and breakfast establishments do not result in any new or greater environmental impacts than were previously analyzed, disclosed, and mitigated and no further environmental review is necessary. None of the circumstances in CEQA Guidelines Section 15162 exist to require any additional environmental review and no further documentation is necessary with the exception of aesthetics due to increased building height.
The project includes a revision to the maximum building height standards for three and four-story buildings in the Downtown Core District from 50 feet to 55 feet. An analysis of how this increase will impact aesthetics in the project area is below:
AESTHETICS. Would the project:
Less Than
Potentially
Significant With
Less Than
Issues and Supporting Information Sources
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
a
Have a substantial adverse effect on a scenic vista?
X
b
Substantially damage scenic resources, including, but
X
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
c
Substantially degrade the existing visual character or
X
quality of the site and its surroundings?
d
Create a new source of substantial light or glare
X
which would adversely affect day or nighttime views
in the area?
Comments:
X:\Planning\2021\LR21-0279 Old Town SP Amendment\Old Town Specific Plan Amendment\Hearing\Planning Commission\4 - Old Town Specific Plan #10 Addendum EIR.doc
Old Town Specific Plan Amendment No. 10 (LR21-0279)
Addendum to Initial Environmental Study
1.a., b. According to the City of Temecula General Plan Community Design Element, the Old Town Specific Plan (OTSP) area is not identified has having any scenic vistas. In addition, the OTSP does not identify any scenic resources that include, but are not limited to, trees, rock outcroppings, or historic buildings within a State scenic highway. Furthermore, there are no State scenic highways identified within the project area. No impacts are anticipated.
1.c., d. A height increase from 50' to 55' for three and four-story structures will be permitted within the Downtown Core District of the OTSP as a result of the project. This district already allows for 100' hotel structures within the Hotel Overlay. Thus, the visual character of the district has already been analyzed with the incorporation of buildings that will be substantially taller than what is proposed. This is also true with how these 100' buildings will generate light, glare, and impact to day and nighttime views. The project will not allow buildings that are taller than the previously analyzed 100' height. Therefore, the project will not substantially degrade the existing visual character or quality of the project site or its surroundings nor will it adversely impact day or nighttime views in the area beyond what has already been analyzed.
M
Title:
Date:
X:\Planning\2021\LR21-0279 Old Town SP Amendment\Old Town Specific Plan Amendment\Hearing\Planning Commission\4 - Old Town Specific Plan #10 Addendum EIR.doc
PC RESOLUTION NO.2022-33
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AMENDMENT NO. 10 TO THE
OLD TOWN SPECIFIC PLAN (SP-5) (LONG RANGE
PROJECT NO. LR21-0279)"
Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that:
A. The Old Town Specific Plan (SP-5) was approved by the City Council on February 22, 1994 by the adoption of Ordinance No. 94-05. Amendment No. 1 to the Old Town Specific Plan (SP-5) was approved on January 23, 1996 by the adoption of Ordinance No. 96-01.
Amendment No. 2 to the Old Town Specific Plan (SP-5) was approved on May 13, 1997 by the adoption of Ordinance No. 97-06. Amendment No. 3 to the Old Town Specific Plan (SP-5) was approved on July 13, 1999 by the adoption of Ordinance No. 99-12. Amendment No. 4 to the Old Town Specific Plan (SP-5) was approved on October 10, 2000 by the adoption of Ordinance No. 00-11. Amendment No. 5 to the Old Town Specific Plan (SP-5) was approved on August 24, 2004 by the adoption of Ordinance No. 04-08. Amendment No. 6 to the Old Town Specific Plan (SP-5) was approved on June 13, 2006 by the adoption of Ordinance No. 06-07. Amendment No. 7 to the Old Town Specific Plan (SP-5) was approved on May 25, 2010 by the adoption of Ordinance No. 10-09. Amendment No. 8 to the Old Town Specific Plan (SP-5) was approved on September 5, 2017 by the adoption of Resolution No. 17.56. Amendment No. 9 to the Old Town Specific Plan (SP-5) was approved May 26, 2020 by the adoption of Resolution No. 2020-32. The Old Town Specific Plan as originally approved and as amended by Amendments Nos. 1-9 shall be referred to in this Resolution as the "Specific Plan".
B. The City Council of the City of Temecula certified the Old Town Specific Plan Final Program Environmental Impact report ("FPEIR") on May 11, 2010 C. Staff initiated Long Range Project No. LR21-0279, a Specific Plan Amendment, in a manner in accord with the City of Temecula General Plan and development Code.
D. The project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law.
E. On October 19, 2022, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Old Town Specific Plan Final Program Environmental Impact report and proposed Amendment No. 10 to the Old Town Specific (SP-5) at which time all persons interested in these actions had the opportunity and did address the Planning Commission.
F. After hearing all written and oral testimony by staff and all written comments from the public on the proposed actions and duly considered the comments received, the Planning Commission Adopted Resolution No. 2022-32 recommending to the City Council that the
Addendum No. 2 to the Old Town Specific Plan Final Program Environmental Impact report be approved. The Planning Commission also adopted Resolution No. 2022-33 recommending approval of Amendment No. 10 to the Old Town Specific Plan Amendment. Resolution No. 2022- 32 and Resolution No. 2022-33 are hereby incorporated herein by this reference as if set forth in full.
G. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. Pursuant to Temecula Municipal Code Section
17.16.020, the Planning Commission, in recommending to the City Council approve Amendment No. 10 to the Specific Plan hereby finds, determines and declares that:
A. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code.
The proposed Specific Plan Amendment conforms to the existing policies within the City of Temecula General Plan. The General Plan Land Use Element, as noted on page LU-26, anticipates that the City will provide comprehensive planning of large areas and identifies the Old Town Specific Plan as a specific plan area. The proposed Specific Plan Amendment is consistent with the General Plan Land Use Element Goal 7 of having "A viable, high quality Old Town Temecula area that enhances the City economically, preserves historic structures, and provides civic, cultural, shopping, and meeting and gathering places for tourists and residents. " The proposed Specific Plan Amendment also complies with all applicable Development Code standards required for Specific Plan amendments including Section 17.16.060 (amendments to approved plans) and Section 17.01.040 (relationship to the General Plan) and is consistent with the City of Temecula General Plan goals, policies and objectives.
B. The proposed Specific Plan Amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City; The proposed Specific Plan Amendment has been reviewed pursuant to the City's General Plan and all applicable State laws and has been found to be consistent with the policies, guidelines, standards and regulations intended to ensure that the development within the Old Town Specific Plan area will be constructed and function in a manner consistent with the public health, safety, and welfare.
C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments.
The Old Town Specific Plan consists of approximately 153 acres. As outlined in the Land Use Element of the City's General Plan (page LU-32), the purpose of a Specific Plan is to provide a comprehensive planning document for large areas so that a coordinated planning approach is provided for all anticipated land use developments. As such, the entire Specific Plan area has been reviewed based on existing structures and future build out potential and is physically suitable for the land use designations provided by the Amended Old Town Specific Plan.
D. The proposed Specific Plan Amendment shall ensure the development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood.
As identified within the City's General Plan Land Use Element (page LU-30), Old Town Temecula is a strong identification point for the City and the City desires to ensure that Old Town remains a focal point for social, cultural, civic, tourist, and economic development activities. The Old Town Specific Plan was originally adopted to support and complement the desirable character of Temecula's downtown and the proposed Amendment to the Old Town Specific Plan further supports its downtown character. The City's General Plan Land Use Element states that the City will continue to implement the Old Town Specific Plan and will modify or amend it as needed to respond to development trends in the area (LU-40). As such, the proposed Amendment to the Old Town Specific Plan provides a means to enhance the area economically while also ensuring the development of a desirable character compatible with existing and proposed development in Old Town and the surrounding area.
Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a resolution approving Specific Plan Amendment No. 10 to the Old Town Specific Plan in substantially the same form as attached hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 19th day of October, 2022.
t19 I
E-'m' 11'�A
Gary Watts, Chairperson
ATTEST:
'I /a
Luke W tson
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the foregoing PC Resolution No. 2022-33 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 191h day of October 2022, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Hagel, Ruiz, Turley-Trejo, Watts NOES: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Telesio
LLukeatson
Secretary
RESOLUTION NO.2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING AMENDMENT NO. 10 TO
THE OLD TOWN SPECIFIC PLAN (SP-5) (LONG RANGE
PROJECT NO. LR21-0279)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Procedural Findings. The City Council does hereby find, determine, and declare that:
A. The Old Town Specific Plan (SP-5) was approved by the City Council on February 22, 1994, by the adoption of Ordinance No. 94-05. Amendment No. 1 to the Old Town Specific Plan (SP-5) was approved on January 23, 1996, by the adoption of Ordinance No. 96-01.
Amendment No. 2 to the Old Town Specific Plan (SP-5) was approved on May 13, 1997, by the adoption of Ordinance No. 97-06. Amendment No. 3 to the Old Town Specific Plan (SP-5) was approved on July 13, 1999, by the adoption of Ordinance No. 99-12. Amendment No. 4 to the Old Town Specific Plan (SP-5) was approved on October 10, 2000, by the adoption of Ordinance No. 00-11. Amendment No. 5 to the Old Town Specific Plan (SP-5) was approved on August 24, 2004, by the adoption of Ordinance No. 04-08. Amendment No. 6 to the Old Town Specific Plan (SP-5) was approved on June 13, 2006, by the adoption of Ordinance No. 06-07. Amendment No. 7 to the Old Town Specific Plan (SP-5) was approved on May 25, 2010, by the adoption of Ordinance No. 10-09. Amendment No. 8 to the Old Town Specific Plan (SP-5) was approved on September 5, 2017, by the adoption of Resolution No. 17.56. Amendment No. 9 to the Old Town Specific Plan (SP-5) was approved May 26, 2020, by the adoption of Resolution No. 2020-32. The Old Town Specific Plan as originally approved and as amended by Amendments Nos. 1-9 shall be referred to in this Resolution as the "Specific Plan".
B. The City Council of the City of Temecula certified the Old Town Specific Plan Final Program Environmental Impact report ("FPEIR") on May 11, 2010.
C. Addendum No. 1 to the Old Town Specific Plan FPEIR was adopted on May 26, 2020.
D. Staff initiated Long Range Project No. LR21-0279, a Specific Plan Amendment, in a manner in accord with the City of Temecula General Plan and development Code.
E. The project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law.
F. On October 19, 2022, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Old Town Specific Plan Final Program Environmental Impact report and proposed Amendment No. 10 to the Old Town Specific
(SP-5) at which time all persons interested in these actions had the opportunity and did address the Planning Commission.
G. After hearing all written and oral testimony by staff and all written comments from the public on the proposed actions and duly considered the comments received, the Planning Commission Adopted Resolution No. 2022- recommending to the City Council that the Addendum No. 2 to the Old Town Specific Plan Final Program Environmental Impact report be approved. The Planning Commission also adopted Resolution No. 2022- recommending to the City Council that the proposed Amendment No. 10 to the Old Town Specific Plan (SP-5) be approved. Resolution No. 2023- and Resolution No. 2023- are hereby incorporated herein by this reference as if set forth in full.
if. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The City Council, in approving Amendment No. 10 to the Old Town Specific Plan (SP-5) hereby finds, determines and declares that:
A. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code.
The proposed Specific Plan Amendment conforms to the existing policies within the City of Temecula General Plan. The General Plan Land Use Element, as noted on page LU-26, anticipates that the City will provide comprehensive planning of large areas and identifies the Old Town Specific Plan as a specific plan area. The proposed Specific Plan Amendment is consistent with the General Plan Land Use Element Goal 7 of having "A viable, high quality Old Town Temecula area that enhances the City economically, preserves historic structures, and provides civic, cultural, shopping, and meeting and gathering places for tourists and residents. " The proposed Specific Plan Amendment also complies with all applicable Development Code standards required for Specific Plan amendments including Section 17.16.060 (amendments to approved plans) and Section 17.01.040 (relationship to the General Plan) and is consistent with the City of Temecula General Plan goals, policies and objectives.
B. The proposed Specific Plan Amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City; The proposed Specific Plan Amendment has been reviewed pursuant to the City's General Plan and all applicable State laws and has been found to be consistent with the policies, guidelines, standards and regulations intended to ensure that the development within the Old Town Specific Plan area will be constructed and function in a manner consistent with the public health, safety, and welfare.
C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments.
The Old Town Specific Plan consists of approximately 153 acres. As outlined in the Land Use Element of the City's General Plan (page LU-32), the purpose of a Specific Plan is to
provide a comprehensive planning document for large areas so that a coordinated planning approach is provided for all anticipated land use developments. As such, the entire Specific Plan area has been reviewed based on existing structures and future build out potential and is physically suitable for the land use designations provided by the Amended Old Town Specific Plan.
D. The proposed Specific Plan Amendment shall ensure the development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood.
As identified within the City's General Plan Land Use Element (page LU-30), Old Town Temecula is a strong identification point for the City and the City desires to ensure that Old Town remains a focal point for social, cultural, civic, tourist, and economic development activities. The Old Town Specific Plan was originally adopted to support and complement the desirable character of Temecula's downtown and the proposed Amendment to the Old Town Specific Plan further supports its downtown character. The City's General Plan Land Use Element states that the City will continue to implement the Old Town Specific Plan and will modify or amend it as needed to respond to development trends in the area (LU-40). As such, the proposed Amendment to the Old Town Specific Plan provides a means to enhance the area economically while also ensuring the development of a desirable character compatible with existing and proposed development in Old Town and the surrounding area.
Section 3. Approval of Amendment No. 10 to the Old Town Specific Plan (SP-5). The City Council of the City of Temecula hereby approves that certain Amendment No. 10 to the Old Town Specific Plan (SP-5) in substantially the form attached hereto as Exhibit "A".
Section 4. City Manager Authorization. The City Manager is hereby authorized and directed to take all steps necessary to implement this Specific Plan Amendment. 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ,
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
4 IV. LAND USE AND URBAN DEVELADPN ENT STANDARDS - D0Z'4:' 70NN`N CORE k-N7D DON%W TOZIV'� COREMOTEL OVERL.XY DISTRICT vi. Allowable Building Types and Building Height
The table below outlines the allowable building types
and building heights in the Downtown Core and
Downtown Core;Hotel Overlay district. Additional
standards related to Building Types are addressed in
Section E of this chapter and shall be applied to all
projects in the Downtown Core and Downtown
Corp -Hotel Overlay district- Sections V-B and V.0 of
the Design Guidelines Chapter; also discuss basic
building forms and the architectural character that is
required to reflect the historical context of Old Town
Temecula and shall be applied to all building
constructed in the Downtown Core and Downtown
Core'Hotel Overlay district. The Design Guidelines
contained in Chapter V shall be used in concert with the urban standards contained in this chapter.
i Buildine Type and Building Frontage Standards
shall be applied as required in Section E and F of
this chapter.
'- Allowable Building Height in the Hotel Overlay is
eight stories equivalent to no more than 100 feet to
allow by right a full service boutique hotel with
food service and conference facilities.
' Buildings adjacent to a designated historic
structure that sharea street frontage shall not be
constructed more than one story or 25 feet his
than the historic structure, in the adjacent 25 feet of frontage -
City of Temecula - Old Town Specific Plan
Table IV-8.
Allowable Building Types and Building Height in the
Downtown Core and Downtown Core/Hotel Overlay District
Allowable Building
Building Typel
Permitted
Not Permitted
Height
max. feet/ stories 2,3
Rowhouse
--------------------------
SS feet maximum height
iii-A stories
:;16 55 feet maximum height
in 3 stogies; but up to -5A
feet in four stories allowed
Courtyard Building
X
c,hen at least one level is
residential, or when one
level is office and panting
is rovided_
5=feet maximum height
in 3 stories; but up to �4 5 55
feet in four stories when at
Commercial Back-
X
least one level is
residential- or when one
level is office and parking
is provided -
Detached House
X -T
N A
Duplex, Tri-plea, Quad-
A
plea
X
Bungalow Courtyard
X
NA
1V �0
IV. LAND USE AND URBAN DEVELOPMENT STANDARDS - DOAWNI OV41 CORE RIND DOWNTOWN COREMOTEL OVERLAY DISTRICT Figures IY-ba, b, c. Conceptual sketches of
itiPical allowable build ng height scenarios in
the Downtown Core and Downtown Core
Hotel Overkn- District:
Elevation at
Finished Grade
of Sidewalk
a. Typical Three -Story Scenario
City of Temecula - Old Tomm Specific Plan
Elevation at
Finished Gracki
of Sidewalk
b. Typical Four -Story Scenario
c. Typical Eight -Story Scenario=(IIotel)
IV. LAND USE AND URBAN DEVELOPAIENT STANDARDS - DOWINTONNN CORE AND DONNVTO►NN COREMOTEL OVERLAY DISTRICT IV-6 d: Conceptual such ojallowable building height
(t picao in relationship to the finished grade of the sidewalk when the building facades are located on a slope.
■Finished
�r
■ t i i
- , ® � • � % � i .. �}..-..,ram_
I Biagi awl=
City of Temecula — Old Town Specific Plan
IV. LAND USE ANDURBAN DEVELOPMENT STANDARDS
F. BUILDING FRONTAGE STANDARDS
This section identifies the seven frontage types that are allowed within the Old Town Specific Plan area. Each
frontage type is subject to the Urban Standards and
requirements for each zoning district as outlined in
Section IV.D (Urban Standards) of this chapter. The
frontage types allowed in Old Town area,: follows and
are organized and discussed in more detail in the
following section:
• Shopfront
• Arcade
• Gallery
• Two- Story Gallery
• Forecourt
• Stoop
• Porch
• Raised Commercial Porch
Additionally, this section includes a discussion of. and provides specific requirements and standards for, all
commercial ground floor facades regardless of frontage
type v
City of Temecula — Old Town Specific Plan
IV. LAND USE AND URBAN DEVELOPAIENT STA DAFDS
h. Raised Commercial Porch
A Raised Commercial Front Porch type is for
commercial building ft-pez that have a raised first floor porch and entry_ Exterior stairs and a raised porch
provide access to the commercial uses. The porch
Landing is positioned at the build -to -line, and the stairs and pedestrian pathway to the Porch extend into the
area between the Porch Lauding and the property line
(the "Frontage Zone')_ The eatenor stairs may be
perpendicular and or parallel to the sidewalk- The Porch may incorporate all elevations facing the public nght-of way_ Porch material finish shall be architecturally
compatible with the structure- The elevation of the
Porch shall be no more than 24 inches above the
adjommg sidewalk_
City of Temecula — Old Toxvm Specific Plan
IV. LAND USE AND URBAN DEVELOPMENT STANDARDS
2. General Requirements for Commercial Ground
Floor Fayades
Except for historic structures or legal nonconforming
structures; all commercial ground floor facades,
regardless of frontage type, are subject to the following general requirements:
t. A minimum of 75 percent of the ground floor shop
front Facade shall be windows.
ii. all venndows shall be recessed no less than two
inches. all ground floor windows shall be framed with
molding no less than two inches wide.
iii. Entry doors may be recessed a maximum of six feet
to create an exterior eatrv-urav_
iv_ Aluminum shop front or spandrel panels are not
permitted materials for—fie--ball-head commercial
eround floor facades-
v. Awnings may only provide shade along the building
frontage and shall not cover the entire facade.
Figure IV=56a (above). Shopfront with a caller band
above the display windows to accommodate an
awning.
Figure IV-56b (belox). Shopfrom fayade sandtar to
above, but without an awning band above the display
windows.
City of Temecula — Old Town Specific Plan
HARDWARE sinage Tto3'
Transom
y
Awning
)?' flOOr
Display to ceiling
Windows minimum
Bulkhead
Door to Doors w/ Glass
2nd floor
Doorto
2nd floor
Doors w/ Glass
Tto3'
12' floor
to ceiling
minimum
IV. LAND USE AND URBAN DEVELOPMENT STANDARDS — DO-%'PITORN CORE AND DOWNTOWN COREMOTEL OVERLAY DISTRICT in. Allowable Parking Placement
Parking and loading facilities u ithin the Downtown
Core and Dovmtoirn Core`Hotel Overlay district shall
be placed on the site in accordance with the following
requirements:
Table T -5:
Parking Placement in the Doi%mtonm Core and
Downtown Core/Hotel Overlay District kcal lot
Parking
Surface parking,
Subterranean:
Facility
tuck under
Setback
parking, alley
(behind build-
loaded parking,
to line.):2
structured garage
parkingl, podium
srki .3
A. Front Yard
20 feet from the
0 feet from
Setback
build -to line alone
property line
(primary- street
the primary street
frontage
frontage: 50 feet is
and or
recommended
Murrieta
Creek
B. Side Street
20 feet minimum
0 feet from
Setback:
from the build -to
property line
(secondary
line along the
street frontage
secondary street
on corner lot)
frontage-, 50 feet is
recommended2
C. Side Yard
0 feet from
0 feet from
Setback
property line
property line
D. Rear Yard
5 feet from
0 feet from
Setback (no
property line
property line
alley
E. Alley Rear
0 feet from
0 feet from
Yard Setback
provertv line
property line
Figure IV-4. Allowable parking placement in the DTC and DTCh'O district for lots without 4furrieta Creek frontage.
Curb
L
Side Street
1 All parking structure upper stories may be built to the build -to line. 'Parking setbacks apply to the parking level adjacent to the sidewalk- 3R'hen individual detached garage_ are provided for any building ty= they shall be located at the rear 2_5 percent of the site and screened from the street
City of Temecula - Old Town Specific Plan W-F
IV. LAND USE AND URBAN DEVELOPAIEL\'T STANDARDS — DONi'11'TORN CORE Ar'D DOWN'TOM-N COREMOTEL ON'ERLAY DISTRICT Table TV-6:
Parking Placement in the Downtown Core and Downtown
Core/Hotel Overlay I2isYricl_ ots with Murrieta Creek
frontage)
Parking Facility
Surface, tuck under,
Subterranean:
Setback
alley loaded.
(behind build -to
structerwd gain �g
parkingl, and
line):'-
podium parking?
A Front Yard
20 feet from the
0 feet from the
Setback (primary
build -to line along
build -to line
street frontage
the primary street
ands or Mur rieta
frontage: 50 feet is
Creek)
recommended2
S. Side Street
20 feet minimum
0 feet from the
Setback
from the build -to line
build -to line
(secondary street
along the secondary
frontage on
street frontage; 50
corner lot)
feet is recommended=
C. Side Yazd
0 feet from property
0 feet from
Setback
line
Property line
D. Reaz Y and
? feet from property
0 feet from
Setback (no
line
property line
aile
E. Alley Rear
0 feet from property
0 feet from
Yard Setback
line
property line
1 All parking structure upper stories may be built to the build -to line. 2Parking setbacks apply to the parking level adjacent to the sidewalk_ Figure IV-S: Allowable parking placement in the DTC and Dt C%HO district for lots with _i•!urrieta Creek fi ontage.
3When individual detached garages are provided for any building g= they shall be located at the rear 25 percent of the site and screened from the street.
Side Street
—+rA
Alley (where occurs)
G L
ity of Temecula — Old Town Specific Plan Iti -1 S
V. DESIGN GUIDELINES
C. ARCHITECTURAL DESIGN GUIDELDiES
The architectural design guidelines for Old Town are
organized into four topics- building form, frontage type, architectural style, and materials. While architectural principles are defined; variety and individual expression within this framework are encouraged. The community
desires a character of architecture and streetscape
reflecting Temecula Valley's history, natural landscape and climate.
1. Building Form
By 1930, the buildings on Main Street provided clear
and Drell -defined edges to the public realm. The
building facades were all positioned on the build -to
line, and the building forms were strong, simple
2-Story
3-Story
volumes. Variety on street edges was created tiuough
the -Me. -of various frontage types (galleries, arcades, etc.). Future buildings in Old Town are encouraged to
reinforce this historic pattern througia-the use of simple and clear building massing: enlivened with various
frontage types. Building facades that exceed 50 linear
feet should incorporate var,ing architectural expression, character, and rooflines so. as to appear to be made up of various smaller building facades.
Figure V-26 illustrates some common examples of two,
three and four-story building forms that are encouraged in Old Town. The heavy dashed line is the build -to line on which the far ade must be positioned the hear}• solid line is the property tine, and the double thin lines
represent the curb. The 10-foot wide public sidewalk
lies between the property line and the curb, and the 10- foot extension of the sidewalk onto private land lies
Figure V-26: Examples ofpermitted building forms in Old Town. 3 Story + 4th Setback
between the property line and the build -to line_
Galleries, arcades, awnings, canopies: signage. etc. are located ,mthin the 10 feet between the property line and the facade_
The realm of the street is the primary public asset in
Old Tot;,n_ The goals for this public realm include
clearly defined street edges, architecture with character, and a lively and interesting pedestrian experience.
While the private needs of tenants are met within the
interior spaces, the public responsibility is to contribute to a clearly defined street providing a pleasant
pedestrian experience. The following section focuses on frontage types that may be combined with simple
building forms to achieve these goals for the public
realm_ V
3-Story + Forecourt
City of Temecula - Old Town Specific Plan V-19
f. Gates that are used in conjunction with the fencing
should be of similar color and material as the fencing
and should incorporate appropriate hardware to meet
Building and Fire code requirements.
e. The construction of decorative accent brick or stone pilasters between stretches of fencing is recommended
to add interest and variety to the outdoor dining or
sidewalk cafe area. This is especially encouraged when
the pilasters may be able to appropriately tie in building materials that have been used on the primary structure. h. One pilaster is recommended for every 8 linear feet
of fencing.
� The minimum fence height is 36" when alcoholic
beverages will be served within the outdoor
dining/sidewalk cafe area- It is encouraged that all
fencing in Old Town be between the heights of 36' and
42".
j. Fencing and gates should be able to withstand outdoor use and be continua%- maintained in good condition,
repair and quality at all times.
Figure V-122: Example of fencing and landscaping
City of Temecula - Old Town Specific Plan
k- Requirements for Fencing not associated with dining
can be found in Section L-
4. Landscape Treatment Guidelines
a. The use of potted plants, flower boxes, and hanging
plants are encouraged to soften outdoor dining and
sidewalk cafes in Old Town-
b. The incorporation of ported landscaping and or
landscape planters into the ma onry- wallsrpilasters of an outdoor dining or sidewalk cafe area is encouraged.
Flower boxes are encouraged to be used in combination
with barrier fencing.
c. If a solid masonry wall is utilized as the barrier to delineate an outdoor dining or sidewalk cafe area it
should be softened with climbing vines or other
landscape materials_
Figure V-123: Example of landscape planer boxes used as fencing_
Figure V-124 faboiv): Examples of
landscape treatments heat may be
appropriate to soften outdoor eaiing areas
or sidewalk caf es.
V. DESIGN GUIDELINES
L. FENCING NOT ASSOCIATED WITH DINING
a- Appropriate fencing materials for commercial
projects include, but are not limited to, decorative
v ought iron, tubular steel, natural wood or
materials that resemble natural wood, decorative
masonry and landscape planter boxes_ Fences
should be decorative in nature and enhance the
built environment_ Other materials may be
considered and approved by the Director of
Planning on a case -by -case basis, dependent upon
the architectural compatibility, overall design and
appearance of the fencing materials.
b. All proposed fencing shall require the review and
approval of a Modification Application and any
appropriate building permits.
c_ One pilaster is required for every 8 linear feet of
fencing_
d. All fencing in the Dovmtown Core shall be
between 36" and 42'_ Fencing in the
Residential/Limited Mixed Use and Neighborhood
Residential Districts shall be between 36" and 42"
and no higher than 6 feet
e. Fencing and gates shall be able to withstand
outdoor use and shall be continually maintained in
good condition, repair, and quality at all tgn s-
f. Chain link fencing material is not permitted_
Cite of Temecula — Old Town Specific Plan 'i -9-
M. AD11MISTRATION AND HISTORIC PRESERVATION
F. RELATIONSHIP TO OTHER RE GULATIONS
All construction and development within the Old Tour
Specific Plan area shall comply with the applicable
provisions of the California Building Code and with the various related mechanical. electrical, and plumbing
codes, and with the Fire Code_ In case a conflict arises between the provisions of the building and fire codes
and this Specific Pfau, the building and fire codes shall prevail.
G. NON- CONFORMING USES AND
STRUCTURES
' XX here, at the time of passage of this Specific Plan, a lawful use of land or structure exists which would not
be permitted by the regulations imposed by this Specific Plan, such use or structure may be continued
indefinitely unless one of the folio -wing occurs:
• If the non -conforming use vacates the property
and the non -conforming use is not re-
established within one year, the use shall not
be re-established.
• If the non -conforming use voluntarily vacates
the property for any reason after the year 2013:
then the non -conforming use shall not be re-
t—stablished_
• If more than 50% of the non -conforming
structure is damaged or destroyed, the
structure shall not be re-established.
• If more than 25%_ but less than :0% of the
non -conforming structure is damg aed or
destroyed, the structure may be replaced if the
exterior of the repaired structure substantially
conforms to the approved urban architectural
standards and design guidelines contained
Chapter IV and Chapter V of this Specific
Plan.
• Existing detached single-family residences in
the Neighborhood Residential (NW) and
Residential.1muted Mixed Use (R,2MU)
Districts are not subject to the requirements
above and may be expanded subject to the
approval of the Director of Planning.
City of Temecula — Old Town Specific Plan :?:
IV. LAND USE AND DEVELOP-AffNT STANDARDS
a. Utilities
j. There shall be no above ground utilities permitted to be located within the 20-foot public alleyway.
ii. There shall be no landscaping within the 20 foot
public alleyway, however landscaping may be provided
along the building facade adjacent to an alley on private property.
iii. Utilities shall be placed underground within the
public alleyways in Old Toxin unless proven infeasible
by the utility.
iv. Utilities shoo a shall be placed in compliance with the Utility and Infrastructure Design Guidelines
contained in Section VX of this Specific Plan.
v_ Above ground utilities dkeuW shall be placed on
private property adjacent to the public alleyway within parking areas, landscape planters, building "notch
outs," or utility rooms as to not encroach or obstruct the required 20 foot public alleyway.
vi_ All required utility easements shall be obtained and recorded as a condition of approval for development
vii_ Buildings that are constructed adjacent to the public alleyways in Old To-,kn shall be designed to
accommodate trash pickup from the public alleyways
whenever feasible. The location of trash enclosures
shall be considered in a building's design in.order to
accommodate adequate access for waste disposal
trucks.
viii. The construction of a concrete stress pad shall be required within an alleyway when the location of the
trash enclosure dictates that trash trucks access the
alleyway on a regular basis.
City of Temecula — Old Town Specific Plan
Fi we IV-109: Example of an urban alder•.
IV. LAND USE AND URBANDEVELOPAIENT STANDARDS
TABLE IV, -I: LAND USE WMEK
LIST OF USES
Residential -Limited Mined -Use
(RILI►IU)
Downtown Core (DTC)I Dotvntow•n
Care -Hotel Orerlay (DTCIHO)
Neighborhood Residential
(NR)
Adult Entettunment Businesses
-
-
Alcoholic Beverage Sales
C
C
Art Studio oath or H•ithout a sallen.
P
P
-
Bar. Cocktail Lounge
C
C
-
Beer Tastme Establishment
C
C!
-
Bed and Breakfast
C
C
Community Care Facility (6 or Fewer)
P
Community- Care Facility (7 to 14)
C
Dav Care.Preschool
C
C=
Da - Spa - (Full Senice)
P
P
Drive-thru Businesses (includes eating establishments and banks) Escape Rooms
C
C
Farmers N+la&-et
C
C
-
Health and fitness, dance, mat al arts studio
P
P-
Home Occupation
P
P
P
Cigar Hookah Club (pniate membership only)
C
C
-
Hotel
P
P'
EniertainmeW
See Municipal Code' '
See Municipal Code' t°
-
Massaee Facilities
Museum
P
-
Neighborhood market, grocery store
P
P
-
Office-Administrative,,Profe,sional'N,Iedical
P'
P
-
Performmg Arts
P
-
Personal Senices
P
P
-
Residential - Attached
P
P,
P
Residential - Detached
P
Residential - Liye Work
C
C
C
Restmxmtwitirout Alcohol
P"
P"
-
Restaurant withBeerand Wine
P'
Py
—
Restaumnt with Beer, Wine, and Distilled S hits
C
C
-
Restaumnt with Entertaiffient (not including dancing)
See NunicgW Code' '°
See Municipal Code
Restaurant with Entertainment andlcrDancin
See Municipal Code' t°
See -Municipal Code' '1
-
City of Temecula - Old Town Specific Plan
IV. LAND USE AND UF.BAN DEVELUPAIENT STANDARDS
Retail
P'
P
Tattoo Studio
-
Trade,'Educatonal Institution
P'
P
-
W-me Produ Micro Brewery — (Type 02 ? BC License only)
P
P
«'me Tasting Facility -.�T,,W 02:3BC License onL -)
P,
P,
LVuie Tasting Facility
C"
C'.'
-
Except hotel operations: business activities -within the Residential'Limited Mixed -Use and Neighborhood Residential during the hours of 12:00 am- and 5:00 a.m- shall require a Conditional Use Permit.
Any use not explicitly stated above shall require a use determination by the Planning Commission- P Use is permitted by right
C Use is permitted with a Conditional Use Permit
Use is not permitted
1- Use is limited to ground floor only.
2. These uses are limited to either the second floor (or higher) or to locations that do not front upon or open directly onto either Old Town Front Street or Main Street
3- This use is limited to locations that front Moreno Road- Full service hotel uses with food service and conference facilities at heights greater than three stories but limited to eight stories may be considered under a Conditional Use Permit Subject to the Supplemental Standards for hotels over 3 stories.
4. Full service hotel uses with food -service and conference facilities in the Downtown Core -Hotel Overlay (DTC;HO) are allowed eight stories. Subject to the Supplemental Standard and Special Use Standards in Section IV G of this chapter, for hotels over three stories.
Outdoor entertainment is not permitted in Old Town. City- sponsored signature events and or event when the City is the applicant are exempt. Outdoor lice entertainment may be considered for private businesses in Old Town with a Temporary Use Permit as appropriately conditioned, limited to one event per quarter per Section IILNI.
6- Ground floor residential not permitted in the Downtown Core area along Old Totten Front Street and Main Street.
Shall include a store front tasting room. Premises with or without the product sale for off -site consumption is limited to a Department of Alcoholic Beverage Control License Type 02 (WineryWinegrower).
3- Premises with or without the product sale for off -site consumption is limited to the Department of Alcoholic Beverage Control License Type 02 (Winery 'Winegrower).
9. Outdoor Dining or Sidewalk- Cafes are permitted in conjunction with a restaurant subject to the review and approval of a Minor Modification or as approved with a Development Plan application-
10. Premises with or without the product sale for off -site consumption applying for any Department of alcoholic Beverage Control License type other than a Type 02 (WineryAlrinegrower).
11. Subject to Chapter 17.10 Supplemental Development Standards of the Development Code. 12- This use is permitted on either the ground floor or second floor.
13. Premises with or without the product sale for off -site consumption is limited to the Department of Alcoholic Beverage Control License Type 23 (Small Beer Manufacturing — Duplicate)
14. Subject to Municipal Code Section 9.10 (Entertainment License) City of Temecula — Old Town Specific Plan
W. URB-ANDEVELOPhIENT STANDARDS
iii. LiohtingiGlare:
• Lighting shall be located so as to minimise the
impact of lighting upon adjacent buildings and
properties, especially residential uses.
• Amy lighting source, including illuminated
signs, shall be positioned so that light does not
shine directly into residential windows.
• No outdoor lights shall be permitted that blink,
revolve, flash or change intensity_
4. Balconies, Patios, and Porches
a. Intent
Balconies, patios and porches shall be maintained clean, orderly and free of clutter. All furnishings shall be
desi ped for outdoor use only.
b. Requirements
� No permanent or temporary enclosure including
shutters, blinds or partition shall be affixed to any area of the porch, patiq or balcony. If any change to the
exterior appearance of the porck balcony or patio is
desired, a minor modification shall be submitted to the Planning Department for review and approval.
ii. Freestanding spas, hot tubs or similar amenities shall be screened from public view_ The placement of such
items on balconies, patios and porches are subject to the review and approval of the Director of Planning.
iii. Balconies, patios and porches may not be used for
storage-
iv- Clothing: sheets, blankets_ laundry, water
accessories or rafts, toys and similar objects shall not be hung from or exposed on the balconies, patios or
porches-
v. Planters containing lice, cell groomed plants are
permitted pro -tided the plant does not extend beyond the interior of the balcony, patio or porch. No empty
planters or planters containing dead, diseased or dying plants may be stored at any time within a balcony, patio or porch. If it is determined that plants are not being properly maintained, the Planning Director shall have
the authority to require the property owner to remove or replace the plantings.
Ei. Hoses on porches, patios and balconies shall be kept in a hose reel or hose hideaway.
5. Bed and Breakfast Establishments
a. Intent
The purpose of this section is to provide standards for the development and operation of Bed and Breakfast
establishments in Old Town.
b. Requirements
1. All Bed and Breakfast Establishments in Old Town
shall comply with the provisions contained in Chapter
17.10 of the Temecula Municipal Code, sr^**�
c. Supplemental Requirements
In addition to the requirements stated above, the
following shall also apply to Bed and Breakfast
Establishments within the Specific Plan area:
b Off-street parking shall be provided at a ratio of one space for each bedroom available for rent in addition to the parkins required for the primary dwelling unit.
ii Signage shall be limited to one on -site sign not to exceed 6 square feet in area_ The sign may not be
freestanding.
G. Full Senice Hotels
a. Intent
Full -Service Hotels within Old Toum shall provide
quality hotel accommodations, with food service and
conference facilities. Full -Service Hotels that
amenities and quality hotel accommodations with
conference facilities and food service in a development that complements commercial and mired -uses within
the Old Town Specific Plan and would attract local and
regional visitors including businesses and tourists to the area is encouraged. To assist in providing
accommodations for visitors and businesses, fi.il cc_ -;ce hotels that provide conference facilities and food
services may be considered for heights up to eight
stories (maximum 100 feet) at locations that front
Moreno Road within the Residential -Limited Mixed -
use (RLXfU) District subject to the approval of a
Conditional Use Permit Full Service Hotels with food
service and conference facilities within the Downtown
Core Hotel Overlay (DTCIHO) District are permitted
up to eight stories without a Conditional Use Permit
All Full Service Hotels shall comply with the design
criteria and development standard` of its zoning district in addition to the supplemental requirements as follows City of Temecula — Old Town Specific Plan IV-102
October 19, 2022 Planning Commission Packet Link:
https://temeculaca.legistar.com/Legislation Detail.aspx?ID=5886241&GUID=7AB32419-AOOD- 4004-94C8-18DD7E577C3C&Oations=&Search=
Notice of Public Hearinq
THE CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590
A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below.
Case No.: Long Range Planning Project No. LR21-0279, Old Town Specific Plan Amendment Applicant: City of Temecula
Location: The Old Town Specific Plan Area, generally located between Rancho California Road and First Street from north to south, and between Interstate 15 and an area approximately 200 feet west of Pujol Street from east to west.
Proposal: An Amendment to the Old Town Specific Plan to Revise Certain Development Standards and Land Use Standards.
Environmental Action: In accordance with the California Environmental Quality Act (CEQA), the proposed Specific Plan Amendment will not have a significant impact upon the environment based on a completed EIR Addendum. As a result, the City Council will take action on a recommendation to adopt an EIR Addendum in compliance with CEQA Section 15164
PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: November 29, 2022 TIME OF HEARING: 6:00 PM +ev
' T Project Site PRUeA+
q�
4 1 1 • Y R5}
Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing.
Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice.
The proposed project application may be viewed at the public information counter, Temecula Civic Center, Community Development Department (Planning), 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Eric Jones, City of Temecula Community Development Department (Planning), (951) 506-5115.
City of Temecula
Community Development
41000 Main Street • Temecula, CA 92590
Phone (951 ) 694-6400 • Fax (951 ) 694-6477 • TemeculaCA.gov
VIA -ELECTRONIC SUBMITTAL
[email protected]
November 30, 2022
Supervising Legal Certification Clerk
County of Riverside
P.O. Box 751
Riverside, CA 92501-0751
SUBJECT: Filing Notice of Determination for application Long Range Project No. LR21- 0279, a Specific Plan Amendment to the Old Town Specific Plan to revise certain development standards and land use standards
Dear Sir/Madam:
Enclosed is the Notice of Determination for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) please find a receipt in the amount of $50.00 for the County Administrative fee to enable the City to file the Notice of Determination for the Environmental Impact Report. The City of Temecula is paying the $50.00 filing fee under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee.
Please email a stamped copy of the Notice of Determination within five working days after the 30 day posting to the email listed below.
Should you have any questions regarding this matter, please contact Eric Jones at email:
[email protected]
Sincerely,
Luke Watson
Deputy City Manager
Attachments: Notice of Determination Form
Electronic Payment - Filing Fee Receipt
City of Temecula
Community Development
Planning Division
Notice of Determination
TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula
P.O. Box 751 41000 Main Street
Riverside, CA 92501-0751 Temecula, CA 92590
SUBJECT: Filing of a Notice of Determination in compliance with the provisions of Section 21152 of the Public Resources Code (Long Range Project No. LR21-0279) State Clearinghouse No.: 2009071049
Project Title: Old Town Specific Plan Amendment No. 10
Project Location: The Old Town Specific Plan area, generally located between Rancho California Road and First Street from north to south, and between Interstate 15 and an area approximately 200 feet west of Pujol Street from east to west.
Project Description: An amendment to the Old Town Specific Plan to revise certain development standards and land use standards.
Lead Agency: City of Temecula, County of Riverside
Contact Person: Eric Jones
Telephone Number: (951) 506-5115
This is to advise you that the City Council for the City of Temecula has approved the above -described project on November 29, 2022, and has made the following determinations regarding this project:
1. The project will not have a significant effect on the environment.
2. That an Environmental Impact Report Addendum was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures were not made a condition of the approval of the project.
4. A Mitigation Monitoring or Reporting Program was not adopted for this project.
5. A Statement of Overriding Consideration was not adopted for this project.
6. Findings were made pursuant to the provisions of CEQA.
This is to certify that the Addendum No. 2 to the EIR, and record of project approval is available to the General Public at the City of Temecula, 41000 Main Street, Temecula, California, 92590.
Signature: Date:
Luke Watson
DenutV Citv Manager
Date received for filing at the County Clerk and Recorders Office:
Item No. 15
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: November 29, 2022
SUBJECT: Approve Third Amendment to the Disposition and Development Agreement for Vine Creek Apartments Affordable Housing Development Between the City of Temecula, as Housing Successor to the Former Temecula Redevelopment Agency, and Temecula Pacific Associates
PREPARED BY: Haide Urias, Housing and Real Estate Senior Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, ACTING IN ITS CAPACITY AS THE HOUSING
SUCCESSOR AND IN ITS CAPACITY AS THE CITY
APPROVING A THIRD AMENDMENT TO THE DISPOSITION
AND DEVELOPMENT AGREEMENT WITH TEMECULA
PACIFIC ASSOCIATES, FOR THE "VINE CREEK" 60 UNIT
APARTMENT PROJECT
PROJECT
DESCRIPTION: Vine Creek Apartments (Project) is a three-story, 100% affordable, multi -family project, totaling sixty units, with fifteen units available for special needs occupants (twelve units for autism and three units for sensory). The Project is located on three parcels, approximately 130 feet north of the intersection of Main Street and Pujol Street, on the east side of Pujol Street. Two of the parcels are owned by the City, as Housing Successor to the Redevelopment Agency.
BACKGROUND: In 2015, the City as Housing Successor to the Former Redevelopment Agency obtained clearance from the Department of Finance to spend the remaining 2010 and 2011 affordable housing tax allocation bond proceeds for their originally intended purpose — for the creation of affordable housing. As a result, the Supportive Housing/Services Ad Hoc Subcommittee, then consisting of Council Members Naggar and Washington, directed staff to create a Request for Proposal (RFP) to solicit proposals from interested developers for the construction of affordable housing developments.
In February 2016, with input from the Subcommittee (then consisting of Council Members McCracken and Naggar), staff issued an RFP to solicit development proposals that address one or more of the following housing needs: seniors, veterans, special needs, transitional, or supportive.
In response to the RFP, the City received twenty proposals from thirteen developers on eight different sites.
On February 28, 2017, staff presented all twenty proposals to the Supportive Housing/Services Ad Hoc Subcommittee, now consisting of Council Member Rahn and Mayor Naggar. The Subcommittee considered many facets of each project including the number of units, cash assistance, City land donation request, target population, service provider, and program description. The Subcommittee recommended that staff present the entire City Council with all of the proposals.
On April 11, 2017, City Council recommended that eight proposals move forward to the next round of analysis. On September 12, 2017, the Supportive Services/Housing Subcommittee selected five development teams to interview with the Subcommittee and staff. On January 16, 2018, the Subcommittee made the final decision, and selected two projects to move forward with, one of which is Vine Creek Apartments (Project).
Due to the timing of the 9% Low Income Housing Tax Credits (LIHTC) applications, Temecula Pacific Associates (then Pacific West Communities), requested to enter into a Land Use Entitlement Processing Agreement with the City, allowing them to move forward with the entitlement process. This agreement allowed Temecula Pacific Associates (Developer) to simultaneously pursue critical financing for the Project. The Project was approved by Planning Commission on February 20, 2019.
Disposition and Development Agreement
On June 25, 2019, the City Council approved a Disposition and Development Agreement (DDA) with Temecula Pacific Associates to establish the terms and conditions surrounding the development of the Project, including a $2.7 million financial contribution and land donation.
First Amendment to the DDA
On November 10, 2020, the developer requested an amendment to the DDA by extending the term of the agreement, to allow for additional applications for tax credit financing through the State.
The Developer will apply for tax credits through 2024, or until awarded.
Second Amendment to the DDA
Since the adoption of the DDA in 2019, the developer has submitted five (5) tax credit applications to the State Tax Credit Allocation Committee (TCAC) as required by the DDA. Unfortunately, the Project did not score as high as the other project applications in each of those five tax credit application rounds. Tax credit financing is a critical source of funding for the Project. After the fifth unsuccessful tax credit round, the developer approached the City and requested additional funding in the amount of $4 million. The Developer explained that the additional funds would increase the Project's tax credit score to a level that would make it much more competitive in future tax credit rounds.
City staff engaged Keyser Marston Associates (KMA) to analyze and test the developers claim that the additional City funds were necessary to make the Project more competitive in future tax credit rounds. KMA's analysis revealed that with the additional City financial contribution of $4 million, the Project's tax credit tie -breaker score would rise from 48.1% currently, to 67.8%. Over the last two tax credit rounds for the inland valley area, projects that had scores between 60-70% won tax credits in those rounds. Therefore, KMA's analysis did reveal that an additional contribution of $4 million to the Project significantly increased the likelihood that the Project would win a future tax credit round.
Third Amendment to the DDA
The developer has requested an amendment to the DDA to adjust the City's percentage share of residual receipts. The City's share of residual receipts will be shared with the County of Riverside at a pro rata rate. This change has been requested because the County of Riverside is issuing a secured loan to the developer for the purpose of financing the development. The City has engaged Keyser Marston Associates (KMA) to ensure the City's financial interest are well represented.
FISCAL IMPACT: It is not anticipated that there will be a negative or positive fiscal impact. If the project were to have a positive cash flow the City could potentially receive funds that would go back to the Affordable Housing Fund.
ATTACHMENTS: 1. Resolution
2. Third Amendment to Disposition and Development Agreement
3. Second Amendment to the Disposition and Development
Agreement
4. First Amendment to the Disposition and Development
Agreement
5. Disposition and Development Agreement
6. 33433 Report
7. Notice of Public Hearing
RESOLUTION NO.2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, ACTING IN ITS CAPACITY AS THE
HOUSING SUCCESSOR AND IN ITS CAPACITY AS THE
CITY APPROVING A THIRD AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT WITH
TEMECULA PACIFIC ASSOCIATES, FOR THE "VINE
CREEK" 60 UNIT APARTMENT PROJECT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The City Council of the City of Temecula (the "City") hereby finds, determines, and declares that:
A. The City of Temecula entered into a Disposition and Development Agreement (DDA) dated June 25, 2019, providing for the conveyance of two parcels of real property to Temecula Pacific Associates, generally located approximately 130 feet north of the Main Street and Pujol Street intersection, on the east side of Pujol Street, for development as specified in the DDA.
B. The City Council entered into a First Amendment to the Disposition and Development Agreement dated November 10, 2020, providing the developer the ability to extend the term of the DDA and to apply for additional tax credits in all tax credit rounds through 2024.
C. The City Council entered into the "SECOND AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT WITH TEMECULA PACIFIC ASSOCIATES, FOR THE "VINE CREEK" 60 UNIT APARTMENT PROJECT" dated February 22, 2022.
Section 2. The City Council hereby approves the "THIRD AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT WITH TEMECULA PACIFIC ASSOCIATES, FOR THE "VINE CREEK" 60 UNIT APARTMENT PROJECT" and authorizes the Mayor to execute said Third Amendment on behalf of the City in substantially the form presented to the City Council.
Section 3. Certification. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 20 day of November, 2022.
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 29th day of November, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
51 FiffokkMAYM
THIRD AMENDMENT TO
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT (the "Amendment") is dated as of November 29, 2022 and is entered into by and between the CITY OF TEMECULA, as successor of the housing assets of the former Temecula Redevelopment Agency (the "City"), and TEMECULA PACIFIC ASSOCIATES, a California limited partnership ("Developer").
RECITALS
A. City and Developer entered into that certain Disposition and Development Agreement as of June 25, 2019, which was amended by a First Amendment to Disposition and Development Agreement dated November 10, 2020 and a Second Amendment to Disposition and Development Agreement dated February 22, 2022 ("Agreement"). Capitalized terms used but not defined herein shall be defined as set forth in the Agreement.
B. City and Developer desire to further amend the Agreement in order to accommodate other public financing for the Project described in the Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Amendment, the parties hereto agree as to amend the Agreement as follows:
1. Adjustment of City's Percentage Share of Residual Receipts. The City's share of Residual Receipts shall be decreased to seventy percent (70%), provided that the Developer gives the County of Riverside (which is also making a permanent secured loan to Developer for the Project), thirty percent (30%) of such Residual Receipts as payments on its loan, such that the City and said County, as permanent lenders, share in fifty percent (50%) of the Residual Receipts in proportion to the principal amounts of their respective permanent loans.
Developer shall deliver copies of the County loan documents to City as a condition to closing, and City's confirmation of the percentage of percentage of Residual Receipts allocated to the County in the County loan documents shall also be a condition to closing.
Subject to the closing of such County loan at the Close of Escrow and Section 2 below, the form of the Promissory Note to City attached as Exhibit "C" to the Agreement is hereby replaced with the revised Promissory Note attached hereto as "New Exhibit C".
2. Subordination of County Loan Deed of Trust. The deed of trust securing the County loan shall be recorded after the City Loan Deed of Trust and the City Regulatory Agreements and Notice, and shall be subordinate to the City Loan Deed of Trust, Regulatory Agreements and Notice. It shall be a condition to the Close of Escrow that the Title Company issue to City, at Developer's cost, a lender's title policy in the amount of the City loan showing the County deed of trust as being subordinate to the City Loan Deed of Trust, Regulatory Agreements and Notice, and otherwise in form and substance reasonably satisfactory to City, and -1-
11086-0111 \2728759v1.doe
51 FiffokkMAYM
that the County execute and deliver to the Title Company any documents required by the Title Company to effectuate or confirm such subordination.
3. Conflict. Except as amended herein, the Agreement remains in full force and effect. To the extent of any conflict between this Amendment and the Agreement, this Amendment shall govern.
4. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed as original but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the day and year first above written.
DEVELOPER:
TEMECULA PACIFIC ASSOCIATES
By: TPC Holdings IX, LLC
an Idaho limited liability company
By: Pacific West Communities, Inc.,
an Idaho corporation, its manager
ME
Caleb Roope, President and CEO
CITY:
CITY OF TEMECULA
LIM
Matt Rahn, Mayor
ATTEST:
Lo
Randi Johl, City Clerk
APPROVED AS TO FORM:
LE
Peter M. Thorson, City Attorney
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11086-0111 \2728759v1.doe
51 FiffokkMAYM
NEW EXHIBIT "C"
SECURED PROMISSORY NOTE
, 2022
Temecula, California
FOR VALUE RECEIVED, the undersigned [TEMECULA PACIFIC ASSOCIATES, a California limited partnership] [?] ("Maker" or "Developer"), having its principal place of business at , promises to pay to the order of the CITY OF TEMECULA, a municipal corporation ("Payee" or "City"), at 41000 Main Street, Temecula, CA 92590, or at such other place as the holder of this Note from time to time may designate in writing, the principal sum of ($ [PURCHASE PRICE AMOUNT, BASED ON
UPDATED APPRAISAL; PLUS $698,281 OF DEFERRED CITY FEES; PLUS PERM.
LOAN OF $5,301,719] (the "Original City Principal Amount"), together with interest on the unpaid principal amount of this promissory note (the "City Loan Note") from time to time outstanding at the "Applicable Interest Rate," as defined below, in lawful money of the United States of America. This City Loan Note is being delivered, and the loans evidenced hereby are being made, pursuant to the terms of a Disposition and Development Agreement between Developer and City ("DDA"). All capitalized terms used herein which are not separately defined herein shall have the meanings set forth therefor in the DDA.
As of the date of this City Loan Note, the sum of $ [PURCHASE PRICE PLUS DEFERRED FEES] of principal is outstanding; the remainder of the loan shall be disbursed by City upon or after completion of the project described in the DDA, upon the written request of Developer, as permanent financing to repay then -existing construction financing, subject to the terms and conditions in Section 2.2 of the DDA. "Applicable Interest Rate" means three percent (3%) per annum, simple interest, except that amounts not paid when due shall accrue interest from the date due until the date paid at the lesser of. (i) seven percent (7%) per annum, simple interest, or (ii) the maximum rate permitted by applicable law.
I. Payments. Payments under this City Loan Note shall be due and payable as follow: Payments of percent (_.00%) of all Residual Receipts ("City Portion") payable on April 15 after the first anniversary of completion of construction of the Project pursuant to the DDA, and each anniversary thereafter until this City Loan Note has been satisfied in full.
Payments shall first be applied to accrued interest, then to the first $698,281.00 of principal (representing deferred City fees), then to remaining outstanding principal. In addition, the entire amount of outstanding principal and accrued interest and any additional amounts which become owing hereunder shall be paid by Maker to Payee as of the earliest of (i) a default under the DDA, the Regulatory Agreement entered pursuant to the DDA, or the deed of trust securing this City Loan Note not cured within the applicable cure period after delivery of required notice; (ii) as provided in Section 4 below; (iii) with respect to the first $698,281.00 of principal, thirty (30) years after the date of this City Loan Note; and (iv) fifty-five (55) years after the date of this City Loan Note (the "City Maturity Date").
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11086-0111 \2728759v1.doc
51 FiffokkMAYM
2. Secured by Deed of Trust. Repayment of this City Loan Note is secured by a deed of trust (the "City Loan Deed of Trust") of this date executed by Maker for the benefit of Payee encumbering the property described in the City Loan Deed of Trust (the "Property" or "Site").
3. Prepayment. Maker shall have the right to prepay amounts owing under this City Loan Note at any time, without penalty or premium.
4. Due on Sale or Encumbrance. In the event of any Transfer (as defined below) of the Property, or any portion thereof or interest therein, Payee shall have the absolute right at its option, without prior demand or notice, to declare all sums secured hereby immediately due and payable. As used herein, the term "Transfer" means and includes the direct or indirect sale, transfer, conveyance, assignment, or other alienation of the Property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise, or the lease of all or substantially all of the Property or of all or substantially all of the improvements located thereon. Transfer shall not include the sale, transfer, assignment, pledge, hypothecation or encumbrance by Developer's limited partner of its partnership interest to the extent permitted by the DDA, nor shall Transfer include the removal of any general partner of Developer by the limited partner for cause and the replacement of such removed general partner by another person or entity in accordance with the terms of Developer's partnership agreement to the extent permitted by the DDA. "Transfer" shall not include a Transfer permitted in the DDA so long as Trustor complies with the provisions of the Regulatory Agreement relating to such leasing activity. "Transfer" shall not include the leasing of individual Units on the Property. Failure of Beneficiary to exercise the option to declare all sums secured hereby immediately due and payable upon a Transfer will not constitute waiver of the right to exercise this option in the event of any subsequent Transfer.
5. Miscellaneous.
(a) Governing Law. All questions with respect to the construction of this City Loan Note and the rights and liabilities of the parties to this City Loan Note shall be governed by the laws of the State of California.
(b) Binding on Successors. This City Loan Note shall inure to the benefit of, and shall be binding upon, the successors and assigns of each of the parties to this City Loan Note.
(c) Attorneys' Fees.
(i) Maker shall reimburse Payee for all reasonable attorneys' fees, costs and expenses, incurred by Payee in connection with the enforcement of Payee's rights under this City Loan Note, including, without limitation, reasonable attorneys' fees, costs and expenses for trial, appellate proceedings, out -of -court negotiations, workouts and settlements or for enforcement of rights under any state or federal statute, including, without limitation, reasonable attorneys' fees, costs and expenses incurred to protect Payee's security and attorneys' fees, costs and expenses incurred in bankruptcy and insolvency proceedings such as (but not limited to) seeking relief from stay in a bankruptcy proceeding. The term "expenses" means any -4-
11086-0111 \2728759v1.doc
51 FiffokkMAYM
expenses incurred by Payee in connection with any of the out -of -court, or state, federal or bankruptcy proceedings referred to above, including, without limitation, the fees and expenses of any appraisers, consultants and expert witnesses retained or consulted by Payee in connection with any such proceeding.
(ii) Payee shall also be entitled to its attorneys' fees, costs and expenses incurred in any post judgment proceedings to collect and enforce the judgment. This provision is separate and several and shall survive the merger of this City Loan Note into any judgment on this City Loan Note.
(d) Entire Agreement. This City Loan Note and the relevant provisions of the DDA constitute the entire agreement and understanding between and among the parties in respect of the subject matter of such agreements and supersede all prior agreements and understandings with respect to such subject matter, whether oral or written. (e) Time of the Essence. Time is of the essence with respect to every provision hereof.
(f) Waivers by Maker. Except as otherwise provided in any agreement executed in connection with this City Loan Note, Maker waives: presentment; demand; notice of dishonor; notice of default or delinquency; notice of acceleration; notice of protest and nonpayment; notice of costs, expenses or losses and interest thereon; and diligence in taking any action to collect any sums arising under this City Loan Note or in any proceeding against any of the rights or interests in or to properties securing payment of this City Loan Note. (g) Non -waivers. No previous waiver and no failure or delay by Maker in acting with respect to the terms of this City Loan Note or the City Loan Deed of Trust shall constitute a waiver of any breach, default, or failure of condition under this City Loan Note, the City Loan Deed of Trust or the obligations secured thereby. A waiver of any term of this City Loan Note, the City Loan Deed of Trust or of any of the obligations secured thereby must be made in writing and shall be limited to the express written terms of such waiver. In the event of any inconsistencies between the terms of this City Loan Note and the terms of any other document related to the loan evidenced by this City Loan Note, the terms of this City Loan Note shall prevail.
(h) Non -Recourse. Repayment of this Note and all other obligations of Borrower hereunder, under the DDA, Regulatory Agreement or Deed of Trust shall be a non - recourse obligation of Borrower, such that neither Borrower nor any partner of Borrower shall have any personal obligation to make any payments or perform any other obligations of Borrower.
(i) Cure by Limited Partners. City hereby agrees that any cure of any default made or tendered by Developer's limited partners who shall have been identified in writing by Developer to City and shall be deemed to be a cure by Developer and shall be accepted or rejected on the same basis as if made or tendered by Developer; provided City shall have received written notice by Developer of the identity of, and address for notices for, such limited -5-
11086-0111 \2728759v1.doc
51 FiffokkMAYM
partners and a copy of the applicable limited partnership agreement and amendments showing they are limited partners.
MAKER:
TEMECULA PACIFIC ASSOCIATES
By: TPC Holdings IX, LLC
an Idaho limited liability company
general partner
ME
Caleb Roope, President and CEO
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11086-0111 \2728759v1.doc
SECOND AMENDMENT TO
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT (the "Amendment") is dated as of February 22, 2022 and is entered into by and between the CITY OF TEMECULA, as successor of the housing assets of the former Temecula Redevelopment Agency (the "City"), and TEMECULA PACIFIC ASSOCIATES, a California limited partnership ("Developer").
RECITALS
A. City and Developer entered into that certain Disposition and Development Agreement as of June 25, 2019, which was amended by a First Amendment to Disposition and Development Agreement dated November 10, 2020 ("Agreement").
B. City and Developer desire to further amend the Agreement to increase the amount of the permanent loan to be made by City under the Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Amendment, the parties hereto agree as to amend the Agreement as follows:
1. Increase in City Permanent Loan Amount. The City's permanent loan amount is hereby increased by $4,000,000 (from $1,301,719 to $5,301,719), and the first two paragraphs of Section 2.2 of the DDA are deleted and are replaced with the following:
"City shall make loans to Developer in the amount of (i) the Purchase Price; (ii) $698,281.00 of deferred City fees (consisting of development impact fees, Quimby fees, building permit fees, public works fees, fire dept. fees); and (iii) $5,301,719 as a permanent loan (the " City Permanent Loan"), all on the terms set forth in the promissory note ("City Loan Promissory Note") attached hereto as Exhibit "C"."
2. Conflict. Except as amended herein, the Agreement remains in full force and effect. To the extent of any conflict between this Amendment and the Agreement, this Amendment shall govern.
3. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed as original but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the day and year first above written.
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1108 6-0111 \2614820v l . doc
DEVELOPER:
TEMECULA PACIFIC ASSOCIATES
By: TPC Holdings IX, LLC
an Idaho limited liability company
By: Pacific West Communities, Inc.,
an Idaho corpo tion, its manager
By:
Caleb Koope, President and CEO
CITY:
CITY OF TEMECULA
Mayor , Matt Rahn
A
Ra , City Clerk
APPROVED AS TO FORM:
43ruee Ga}lt> a€ Richards,
Watson & Gershon, counsel to City
Peter M. Thorson, City Attorney
-2-
1 1086-0111\2614820v I .doc
FIRST AMENDMENT TO
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (the "Amendment") is dated as of November 10, 2020 and is entered into by and between the CITY OF TEMECULA, as successor of the housing assets of the former Temecula Redevelopment Agency (the "City"), and TEMECULA PACIFIC ASSOCIATES, A California limited partnership ("Developer").
RECITALS
A. City and Developer entered into that certain Disposition and Development Agreement as of June 25, 2019 ("Agreement").
B. City and Developer desire to amend the Agreement to provide Developer with additional time and support to identify additional subsidies and receive an award of tax credits.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Amendment, the parties hereto agree as to amend the Agreement as follows:
1. Additional Tax Credit Applications.
(A) Section 5.1.8 of the Agreement is hereby amended and restated in its entirety as follows:
"The failure of Developer to apply for 9% tax credits in both rounds for 2021 or 2022 until awarded (provided that Developer, in its discretion, may apply for 4% tax credits instead of 9% tax credits after two unsuccessful 9% rounds); the failure of Developer to apply for California state tax credits in both rounds for 2023 or 2023 until awarded; or the failure to deliver to City evidence of an application for tax credits after the application is submitted within ten (10) days of written request from City."
(B) The Schedule of Performance that is attached to the Agreement is hereby amended to reflect that the Developer will apply for tax credits in 2021, 2022, 2023 and 2024, until awarded.
2. Additional Funds. City will cooperate in good faith with Developer to secure additional funding sources for the Project of up to $2,800,000, including without limitation a PHLA grant, funds available from Riverside County, or other funds available to the City for use on housing or redevelopment projects.
-1-
3. Conflict. Except as amended herein, the Agreement remains in full force and effect. To the extent of any conflict between this Amendment and the Agreement, this Amendment shall govern.
4. Counteroarts. This Amendment may be executed in one or more counterparts, each of which shall be deemed as original but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the day and year first above written.
DEVELOPER:
TEMECULA PACIFIC ASSOCIATES
By: TPC Holdings VII, LLC
an Idaho limited liability company,
a general partner
By:
---
CalW Roope, Manager
CITY:
CITY OF TEMECULA
Flo, Qyy! t
or
AT T:
Ran i 3ohl, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
-2-
SCHEDULE OF PERFORMANCE
This Schedule of Performance requires the submission of plans or other documents at specific times. Some of the submissions are not described in the text of the Agreement. Such plans or other documents, as submitted, must be complete and adequate for review by the City or other applicable governmental entity when submitted. Prior to the time set forth for each particular submission, the Developer shall consult with City staff informally as necessary concerning such submission in order to assure that such submission will be complete and in a proper form within the time for submission set forth herein.
Action
Date / Deadline
Items 1 — 10 Relate to Developer Actions
and Requirements Prior to or through/at the
Close of Escrow
1. Opening of Escrow. The Parties shall
Within five (5) business days after the award of
open escrow with the Escrow Holder.
tax credits.
2. Preliminary Project Bud et. The
Prior and as a condition to Close of Escrow.
Developer shall submit a preliminary
Project Budget for the Improvements.
3. .Final Plans and Specifications. The
Prior and as a condition to Close of Escrow.
Developer shall submit the Final Plans
and Specifications for City approval.
4. Building Permits. The Developer shall
Prior and as a condition to the Close of Escrow.
obtain the Building Permit for the
construction of the Improvements.
5. Construction Contract. The Developer
Prior and as a condition to the Close of Escrow.
shall submit the construction contract for
the construction of the Improvements to
the City for approval.
6. Performance and Payment Bonds. The
Prior and as a condition to the Close of Escrow.
Developer shall deliver to the City
copies of the required performance and
payment bonds.
7. Insurance. The Developer shall submit
Prior and as a condition to the Close of Escrow.
evidence of insurance to the City.
8. Project Budget. The Developer shall
Prior and as a condition to the Close of Escrow.
submit the Project Budget to City
together with reasonable evidence that
all equity required will be available at
the Closing.
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Action
Date / Deadline
9. Tax Credit Applications/Award.
Developer must apply for 9% tax credits in the
second record for 2019, both records for 2020,
2021, 2022, 2023, 2024 (until awarded) and must
provide evidence thereof to City, and form a
limited partnership to provide for investment of
tax credit -based equity, and deliver a copy of the
partnership agreement to City. Developer must
be awarded tax credits and must provide evidence
thereof to City prior (and as a condition) to Close
of Escrow.
10. Tax Credit Equity. All tax credit equity
Prior and as a condition to Close of Escrow.
must have been invested in the
Developer entity and available for
Project Costs, as shown by reasonable
evidence delivered to City
Items 11 — 15 Relate to the Conveyance of the Land and Developer Actions and Requirements After the Close of Escrow
11. Close of Escrow. The Developer shall
Within seven (7) months after award of tax
purchase the Land from the City and
credits, but not later than July 1, 2025.
shall concurrently close the
Construction Loan.
12. Commencement of Construction.
No later than 30 days after the Close of Escrow.
Developer shall substantially commence
the hn rovements.
13. Completion of Grading. Developer shall
Not later than six (6) months following the
substantially complete the grading for
commencement of construction.
the Project.
14. Commencement of Vertical
Not later than eight (8) months after the
Construction. Developer shall
commencement of construction.
commence vertical construction.
15. Co m letionQualification for
No later than fourteen (14) calendar months after
Certificate of Completion. The Project
the commencement of construction.
shall be completed and shall qualify for
a Certificate of Completion.
0 DISPOSITION AND DEVELOPMENT AGREEMENT
by and between the
CITY OF TEMECULA
and
TEMECULA PACIFIC ASSOCIATES.
a California limited partnership
11096-M 1123042S 1 v3. duc
TABLE OF CONTENTS
1. DEFINITIONS..................................................................................................................1 LI Definitions............................................................................................................. I
2. PURCHASE AND SALE OF THE PROPERTY.............................................................6
2.1 Purchase and Sale.................................................................................................6
2.2 Purchase Money Loan...........................................................................................7
2.3 Opening and Closing of Escrow...........................................................................8
2.4 Condition of Title.................................................................................................. 8
2.5 City Conditions to Close of Escrow......................................................................9
2.6 Developer Conditions to Close of Escrow..........................................................10
2.7 Costs....................................................................................................................10
2.8 Condition of the Property-- ........................... ................................................... 11
2.9 Deposits into Escrow by City.............................................................................13
2.10 Deposits into Escrow by Developer....................................................................14
2.11 Authorization to Record Documents and Disburse Funds..................................1 4
2.12 Escrow's Closing Actions...................................................................................15
3. DEVELOPMENT AND RESERVES COVENANTS...................................................15
3.1 Development of the Project................................................................................15
3.2 City's Right to Review Plans and Specifications...............................................16
3.3 Construction Contract.........................................................................................16
3.4 Costs of Entitlement, Development and Construction ............ ........................ _..16
3.5 Rights of Access and Inspection.........................................................................16
3.6 Local, State and Federal Laws............................................................................17
3.7 City and Other Governmental City Permits and Approvals...............................17
3.8 No Discrimination During Construction.............................................................17
3.9 Taxes, Assessments, Encumbrances and Liens..................................................17
3.10 No Agency Created.............................................................................................
I7
3.11 Certificate of Completion...................................................................................17
3.12 Capital Replacement Reserve.............................................................................17
4. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS ............................18
4.1 Restriction on Transfer of Developer's Rights and Obligations ......................... 18 4.2
Holders of Deeds of Trust...................................................................................18
4.3 Rights of Holders................................................................................................18
4.4 Noninterference with Holders.............................................................................19
4.5 Right of City to Cure...........................................................................................19
4.6 Right of City to Satisfy Other Liens...................................................................19
5. DEFAULT, REMEDIES AND TERMINATION..........................................................19
5.1 Defaults............................................................................................................... 19 5.2
Remedies.............................................................................................................20
5.3 No Speculation....................................................................................................22
5.4 No Personal Liability ..........................................................................................
5.5 Rights and Remedies are Cumulative.................................................................22 -1-
1 14R6-0001 \23042510.doc
TABLE OF CONTENTS (cont.)
Pam
5.6 Inaction Not a Waiver of Default........................................................................22
5.7 Force Majeure.....................................................................................................23
6. INSURANCE.................................................................................................. . ...... ..... 23
6.1 Insurance.............................................................................................................23
6.2 Indemnity............................................................................................................24
7. REPRESENTATIONS AND WARRANTIES...............................................................25 7,1 Developer Representations....................................................I............................25
7.2 City Representation.....................................................----...................................25
8. GENERAL PROVISIONS ............................................. .....25
8.1 Notices................................................................ ..................... .........................25
8.2 Construction........................................................................................................26
8.3 Interpretation....................................................................................................... 26
8.4 Time of the Essence............................................................................................ 26
8.5 Warranty Against Payment of Consideration for Agreement .............................26
8.6 Attorneys' Fees................................................................................................... 26
8.7 Entire Agreement.................................................................................................27
8.8 Severabil ity......................................................................................................... 27 8.9
No Third Party Beneficiaries.. ........ ...................................................................27
8.10 Governing Law...................................................................................................27
8.11 Survival...............................................................................................................27
8.12 City Actions........................................................................................................27
8.13 Counterparts........................................................................................................27
TABLE OF EXHIBITS
EXHIBIT "A"
LEGAL DESCRIPTION OF LAND OWNED BY CITY
EXHIBIT "A-1"
DESCRIPTION OF LAND OWNED BY DEVELOPER
EXHIBIT "B"
FORM OF GRANT DEED
EXHIBIT "C"
FORM OF CITY LOAN PROMISSORY NOTE
EXHIBIT "D"
FORM OF CITY LOAN DEED OF TRUST
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
EXHIBIT "F"
SCOPE OF DEVELOPMENT
EXHIBIT "G"
FORM OF NOTICE OF AFFORDABILITY RESTRICTIONS
EXHIBIT "H"
FORMS OF AFFORDABILITY RESTRICTIONS AND REGULATORY
AGREEMENTS (2)
EXHIBIT "I"
FORM OF CERTIFICATE OF COMPLETION
EXHIBIT "J"
BASE PRO -FORMA
-it-
11086-W01 %2304251vldoc
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS DISPOSITION AND DEVELOPMENT AGREEMENT (the "Agreement") is dated as of June 25, 2019 and is entered into by and between the CITY OF TEMECULA, as successor of the housing assets of the former Temecula Redevelopment Agency (the "City"), and TEMECULA PACIFIC ASSOCIATES, A California limited partnership ("Developer").
RECITALS
A. City believes it owns the land described on Exhibit "A" (the "Property"), having acquired the Property from the former redevelopment agency as a housing asset. The City is the successor to the housing assets of the former redevelopment agency, which initially acquired the Property using low/mod housing set -aside funds.
B. Developer desires to acquire the Property from City for the purpose of developing a sixty (64) unit apartment complex (the "Project") on both the Property and on adjacent property already awned by Developer that is described on Exhibit "A -I".
A material inducement to the City to enter into this Agreement is the agreement by Developer to develop the Project as provided herein, and not convey any portion of the Project until it is complete.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and oi" the n11.11LMI covenants contained in this Agreement, the parties hereto agree as follows:
DEFINITIONS.
1.1 Definitions. The following capitalized terms used in this Agreement shall have the meanings set forth below:
1.1.1 "Affiliated Person" means, when used in reference to a specific person, any person that directly or indirectly controls or is controlled by or under common control with the specified person, any person that is an officer or director of, a trustee of, or a general partner, managing member or operator in, the specified person or of which the specified person is an officer, director, trustee, general partner or managing member.
1.1.2 "Agreement" means this Disposition and Development Agreement.
1.1.3 "Approved Title Exceptions" is defined in Section 2.4.1.
1.1.4 "Base Pro Forma" means the Project pro forma (with projections of Operating Expenses, Gross Revenues and Housing Rent) attached hereto as Exhibit "J".
1.1.5 "Building Permit" means, collectively, any and all permits necessary to grade the Land and construct the Project that would be issued by the City. 1 1 [Miff-0001 \23642510,doe
1.1.6 "Capital Replacement Reserve" means a reserve fund to be established by the Developer pursuant to Section 3.12 hereof.
Section 3.11.
1.1.7 "Certificate of Completion" means the certificate described in l .1. S "City" means the City of Temecula, a municipal corporation.
1.1.9 "City Manager" means the City Manager of the City. l .1.10 "Close of Escrow" is defined in Section 2.3.
l .1.1 1 "Construction Contract" is defined in Section 3.3.
1.1.12 "Debt Service" means required debt service payments and reserve deposits under the Senior Project Loan.
Greer.
1.l .13 "Default" is defined in Section 5.1.
1.1.14 "Deposit" is defined In Section 2.2.
1.1.15 "Disapproved Title Exceptions" is defined in Section 2.4.1.
1.1.1 G "Escrow" is defined in Section 2.3.
1.1.17 "Escrow Holder" means Commonwealth Land Title Attn: Cheryl
1.1.18 "FIRPTA Affidavit" is defined in Section 2.9.1.3.
1.1.19 "Force Majeure Delay" is defined in Section 5.7.
1.1.20 "General Contractor" is defined in Section 3.3.
1.1.21 "Grant Deed" is defined in Section 2.4.2.
1.1.22 "Gross Revenues" means the sum of. the total rental income and all other revenues or income received by the Developer or its successors or assigns in connection with the Project, including without limitation Housing Rent, laundry charges or consideration received from an entity that contracts to provide laundry services, payments in connection with Section S certificates, if any (including payments under such certificates that are in excess of the restricted rents provided for herein), cable income or consideration received from an entity that contracts to provide cable services, each of (i) amounts paid to Developer or any Affiliated Person on account of Operating Expenses for further disbursement by Developer or such affiliate to a third parry or parties, including, without limitation, grants received to fund social services or other housing supportive services at the Project, (ii) late charges and interest paid on rentals, (iii) rents and receipts from licenses, concessions, vending machines, coin laundry, and similar sources: (iv) other fees, charges, or payments not denominated as rental but payable to Developer in connection with the rental of office, retail, storage, or other space in the Project; (v) -2-
1 1096.0W 1/2304251 v3Am
consideration received in whole or in part for the cancellation, modification, extension or renewal of leases; (vi) interest and other investment earnings on security deposits, reserve accounts and other Project accounts to the extent disbursed, and (vii) all other income from the Project, but does not include insurance proceeds applied to reconstruct or repair the Project.
1.1.23 "Hazardous Materials" means any chemical, material or substance now or hereafter defined as or included in the definition of hazardous substances, hazardous wastes, hazardous materials, extremely hazardous waste, restricted hazardous waste, toxic substances, pollutant or contaminant, imminently hazardous chemical substance or mixture, hazardous air pollutant, toxic pollutant, or words of similar import under any local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto applicable to the Land, including, without limitation: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.G. 9601, et seq. ("CERCLA"), the Hazardous Materials Transportation Act, as amended, 49 U.S.C. 1801, et seq.: the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.; and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901, et seq. ("RCRA") The term Hazardous Materials shall also include any of the following: any and all toxic or hazardous substances, materials or wastes listed in the United States Department of Transportation Table (49 CFR 172,101) or by the Environmental Protection City as hazardous substances (40 CFR. Part 302) and in any and all amendments thereto in effect as of the Close of Escrow Date; oil, petroleum, petroleum products (including, without limitation, crude oil or any fraction thereof), natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel, not otherwise designated as a hazardous substance under CERCLA; any substance which is toxic, explosive, corrosive, reactive, flammable, infectious or radioactive (including any source, special nuclear or by product material as defined at 42 U.S.C. 2011, et seq.), carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority; asbestos in any form; urea formaldehyde foam insulation; transformers or other equipment which contain dielectric fluid containing levels of polychlorinated byphenyls. radon gas; or any other chemical, material or substance (i) which poses a hazard to the Land, to adjacent properties, or to persons on or about the Land, (ii) which causes the Land to be in violation of any of the aforementioned laws or regulations, or (iii) the presence of which on or in the Land requires investigation, reporting or remediation under any such laws or regulations.
1.1.24 "Holder" is defined in Section 4.2.
1.1.25 "Housing Rent" means the total of payments by the tenants of the Project for (a) use and occupancy of their rental unit and facilities associated therewith, (b) any separately charged fees or service charges assessed by Developer which are required of all tenants, other than security deposits (until they are applied), (c) a reasonable allowance for utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity and gas, provided that the rent charged as to any affordable unit shall not exceed the affordable rent described in the Regulatory Agreement.
1.1.26 "Improvements" means all buildings, landscaping, infrastructure, utilities, and other improvements to be built on the Land, as described in the Scope of Development.
-3-
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1.1.27 "Institutional Lender" means US Bank, Wells Fargo, Citibank, Chase, Rabobank, Pacific Western Bank, or if reasonably acceptable to City, any other reputable and established bank ( State or Federal), savings bank (State or Federal), trust company, insurance company, credit union, pension, welfare or retirement fund or system, real estate investment trust (or an umbrella partnership or other entity of which a real estate investment trust is the majority owner). Federal or State agency regularly making or guaranteeing mortgage loans, investment bank or Fortune 500 company, or any combination of, any one or more of the entities described above.
1.1.28 "Land" means the land described on Exhibits "A" and "A-1" attached hereto.
1.1 29 "Lender" means the molder of any Security Instrument and such holder's successors and assigns.
1.1.30 "Operating Expenses" means actual, reasonable and customary costs, fees and expenses directly incurred and for which payment has been made and which are attributable to the operation, maintenance, and management of the Project (but not any capital replacement reserves or other reserves, expenditures or capital, including without limitation the following (to the extent actual, reasonable and customary, and attributable to the operation, maintenance or management of the Project): painting, cleaning, repairs and alterations; landscaping; utilities; rubbish removal, sewer charges; real and personal property taxes and assessments; insurance premiums; security; advertising, promotion and publicity; office, janitorial, cleaning and building supplies; actual and customary salary payable to an on -site manager which directly and exclusively benefits residents of the Project; reasonable partnership management fees if required by Developer's partnership agreement but not to exceed $6,000 a year, increased by 2% a year, for the general partner, and not to exceed $5,000 increased by 2% a year for lease years 1-15, for limited partners; a management fee ("Management Fee") to a third party property manager of not to exceed six percent (6%) of Gross Revenues: purchase, repairs, servicing and installation of appliances, equipment, fixtures and furnishings; reasonable and customary fees and expenses of accountants, attorneys, consultants and other professionals as incurred commencing after the completion of the Project (as evidenced by the issuance by City of a certificate of occupancy) in connection with the operation of the Project; payments of deductibles in connection with casualty insurance claims not normally paid from reserves; and payment of any tax credit adjuster payments and deferred developer fees. The Operating Expenses shall not include non -cash expenses, including without limitation, depreciation.
Operating Expenses shall also exclude all of the following: (i) salaries of employees of Developer or Developer's general overhead expenses, or expenses, costs and fees paid to an Affiliated Person; (ii) any amounts paid directly by a tenant of the Project which, if incurred by Developer, would be Operating Expenses; (iii) optional or elective payments with respect to the Senior Project Loan; (iv) any payments with respect to any loan or financing other than the Senior Project Loan or a Refinancing; (v) expenses, expenditures, and charges of any nature whatsoever arising or incurred by Developer prior to completion of the Project, or any portion thereof, including, without limitation, all predevelopment and preconstruction activities conducted by Developer in connection with the Project, including, without limitation, the preparation of all plans and the performance of any tests, studies, investigations or other work, and the construction of the Project and any on site or off site work in connection therewith; (vi) -4-
1 1 OS6-0001 \2 30425 10. doc
depreciation, amortization, and accrued principal and interest expense on deferred debt; and (vii) any partnership internal fees except as set forth above. The Operating Expenses shall be reported in the Annual Financial Statement and Residual Receipts Report and shall be broken out in line - item detail.
1.1.31 "Party" means any party to this Agreement, and "Parties" means all parties to this Agreement.
1.1.32 "Permitted Exceptions" is defined in Section 2.4.2.
1.1.33 "Permitted Security Instrument" means any Security Instrument (a) that encumbers only the Project; (b) a copy of which, together with the related loan documents, is promptly after execution delivered to City, (c) that is held by a Lender that is an Institutional Lender, and (d) only secures the repayment of money used to pay or reimburse the Total Development Costs or any Refinancing permitted by this Agreement.
1.1.34 "Plans and Specifications" means all drawings, landscaping and grading plans, engineering drawings, final construction drawings, and any other plans or specifications for construction of the Project.
1.1.35 "Project" means the Land and Improvements.
1.1.36 "Project Budget" is defined in Section 2.5.1.
1.1.37 "Purchase Price" is defined in Section 2.1.
1.1.38 "Refinancing" means any loan secured by a Permitted Security Instrument that Developer obtains to pay off all or a portion of an existing loan secured by a Permitted Security Instrument and costs in connection the loan.
1.1.39 "Released Parties" is defined in Section 2.8.3.
1.1.40 "Residual Receipts" for a particular Operating Year means Gross Revenues for the corresponding Operating Year less (i) Debt Service payments made during such Operating Year on the Senior Project Loan in amounts not in excess of the amounts due and payable during such Operating Year (i.e. not including prepayments), and (ii) Operating Expenses. All calculations of Residual Receipts shall be made annually, on or before April 15 for the preceding Operating Year, on a cash (and not accrual) basis and the components thereof shall be subject to verification and approval, on an annual basis, based upon conformity with the terms of this Agreement and the City Loan Promissory Note, by City,
1.1.41 "Schedule of Performance" means the schedule attached hereto as Exhibit "B".
l .1.42 "Scope of Development" means the description attached hereto as Exhibit "C'.
1.1.43 "Senior Project Loan" means the loan or loans that Developer obtains from an Institutional Lender in an amount that is sufficient to pay and the proceeds of -5-
1 1 ON64JO0113304251 vldoc
which are to be used and applied solely to pay (a) the reasonable costs of obtaining such loan, and (b) the Total Project Costs. Such loan shall provide for normal and customary disbursement controls for the payment of Total Project Costs as construction of the Project progresses and normal and customary fees and expenses for a loan of similar size and purpose. Such loan may also provide for a portion of the loan to convert to a permanent loan status following completion of the Project. Any refinancing of a Senior Project Loan that either (1) does not exceed the outstanding principal balance of the loan refinanced plus refinancing loan closing costs or (ii) has Debt Service which does not exceed the Debt Service on the loan being refinanced shall also be a Senior Project Loan
1.1.44 "Title Company" shall mean the Escrow Holder (i.e., the Title Company and the Escrow Holder are the same).
1.1.45 "Total Project Costs" means all hard and soft costs of the construction of the Project, including land costs and carry costs, as set forth in the Project Budget.
1.1.46 "Transfer" is defined in Section 4.1.1.
1.1.47 "Transferee" is defined in Section 4.1.2.
1.1.48 "Withholding Affidavit" is defined in Section 2.8.1.2.
2. PURCHASE AND SALE OF THE PROPERTY- PURCHASE PRICE•
DEPOSIT.
2.1 Purchase and Sale, Purchase Price, Deposit.
2.1.1 Purchase and Sale Purchase. In accordance with and subject to the terms and conditions hereinafter set forth, the City agrees to sell the Property to Developer, and Developer agrees to purchase the Property from the City.
2.1.2 Purchase Price. The purchase price for the Property to be paid by Developer (the "Purchase Price") shall be the fair market value of the Property based on an appraisal for appraisal update) obtained by City from a reputable MAI appraiser at Developer's cost that is dated no earlier than six (6) months prior to the Closing Date. Said fair market value as of the date hereof is $710,000.00. (Developer shall reimburse City for the costs of the appraisal and any update within ten days after written demand from City with evidence of the costs.) Notwithstanding anything to the contrary contained herein, the Close of Escrow shall not occur until such time as the Closing Conditions, as defined in Section 2.7 hereof, have been satisfied. At the Close of Escrow, the City shall convey title to the Property to Developer by grant deed in the form attached hereto as Exhibit "B" (the "Grant Deed").
2.1.3 Deposit. Within ten (1 Q) business days after the date this Agreement is executed by the City and delivered to Developer, the Developer shall deposit the sum of TEN THOUSAND AND NO1140 DOLLARS ($1 U,4a0AD) with City (the "Deposit").
The Deposit shall be held by City in a non -interest bearing account. In the event the Close of Escrow does not occur due to a default by Developer, the Deposit shall be delivered to and -6-
1I086-0001L304251v3Aoc
retained by the City as liquidated damages for such default. If this Agreement is terminated by Developer pursuant to its terms prior to the CIose of Escrow, or if the Close of Escrow occurs, then the Deposit shall be returned to Developer. DEVELOPER AND CITY AGREE THAT
BASED UPON THE CIRCUMSTANCES NOW EXISTING, KNOWN AND UNKNOWN, IT WOULD BE IMPRACTICAI. OR EXTREMELY DIFFICULT TO ESTABLISH CITY'S
DAMAGES BY REASON OF A DEFAULT BY DEVELOPER PRIOR TO THE CLOSE OF ESCROW. ACCORDINGLY, DEVELOPER AND CITY AGREE THAT IN THE EVENT OF
A DEFAULT BY DEVELOPER PRIOR TO THE CLOSE OF ESCROW, CITY SHALL BE ENTITLED TO THE DEPOSIT AS LIOUIDALEED,DAMAGES.
Developer Initials: _' I 1 J/ CityJ)1iti
2.2 Purchase Mone E"o6; Deferred Fee Loan; Cdhtin ent Permanent Loan.
City shall make loans to Developer in the amount of (i) the Purchase Price; (ii) $698,291.00 of deferred City fees (consisting of development impact fees, Quimby fees, building permit fees, public works fees, fire dept. fees), and (iii) $1,301,719 as a permanent loan (the " City Permanent Loan") on the terms set forth in the promissory note ("City Loan Promissory Note") attached hereto as Exhibit "C"; however, the Developer acknowledges and agrees that: (a) the City's obligation to fund the City Permanent Loan is limited to funds received by the City from SERAF Repayments (as defined below) and not any other funds of the City, and (b) if the SERAF Repayments (as defined below) received by the City during fiscal years 2019-20 and 2020-21 total less than $1,301,719, then the principal amount of the City Permanent Loan will be reduced to the actual amount of SERAF Repayments received by the City during fiscal years 2019-20 and 2020-21.
As used herein, the term "SERAF Repayments" shall mean funds to be received by the City from the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency"), which in turn shall have been received by the Successor Agency from the Riverside County Auditor -Controller's disbursements from the Redevelopment Property Tax Trust Fund pursuant to Line Item No. 4 of the Successor Agency's annual Recognized Obligation Payment Schedule as approved by the California State Department of Finance (for repayments under the Health and Safety Code Sections 33690(a), 33690.5 and 34171(d)(1)(G)].
The City Loan Promissory Note shall be secured by a deed of trust on the Project in the form attached hereto as Exhibit "D" ("City Loan Deed of Trust"). The City shall reasonably subordinate the City moan Deed of Trust to the deed of trust securing the Senior Project Loan by a reasonable subordination agreement approved by the City Manager. The City loan shall be repaid with Residual Receipts, as described in the City Loan Promissory Note.
On or before April 15 of each calendar year, Developer shall provide the City with an annual Residual Receipts report in form and substance reasonably acceptable to City that include annual financial statements with respect to the Project that have been reviewed by an independent certified public accountant, together with an express written opinion of such independent certified public accountant that such report presents the financial position, results of operations and cash flows of the Project accurately and in accordance with tax accounting principles (-Annual Financial Report"). In the event the Residual Receipts reported or paid deviate by three percent (3%) or more from that amount determined to be owing upon review of -7-
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Developer's submittal and, an audit (and the City shall have the right to audit), Development shall reimburse City for its cost to review and shall pay the amounts owing.
2.3 Opening and Closing of Escrow. Within five (5) business days after tax credits are awarded, the City and the Developer shall cause an escrow (the "Escrow") to be opened with Escrow Holder for the sale of the Property by the City to Developer and for the closing of Senior Project Loan. The Parties shall deposit with Escrow Holder a fully executed duplicate original of this Agreement as the escrow instructions for the Escrow. The City and Developer shall provide such additional instructions as shall be necessary and consistent with this Agreement. Provided that each of the conditions to closing described in Section 2.7 have been satisfied, Escrow shall close (the "Close of Escrow") within seven (7) months after the award of tax credits, but not later than March 1, 2021. If the Close of Escrow does not occur by such date, any party not then in default may terminate this Agreement by written notice to the other and all the funds and documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by Escrow Agent to the depositing party, except that all escrow and title cancellation fees shall be paid by Developer.
2.4 Condition of Title: Title Insurance.
2.4.1 Title Exceptions; Survey. Upon City's delivery to Developer of a copy of this Agreement executed by City, City shall obtain a preliminary title report for the Property (the "PTR") from the Title Company and shall deliver it (or cause it to be delivered to) Developer which shall include hyperlinks to copies of the title exception documents. Developer shall have thirty (30) days after delivery of the PTR to Developer to review and approve or disapprove any title exceptions in the PTR, and notify City in writing of any such title exceptions to which Developer objects.] Upon the execution of this Agreement, Developer may cause an ALTA survey ("Survey") to be performed within thirty (30) days and shall promptly deliver a copy of the Survey to the City together with any objections (if any) to any title exceptions shown on the Survey. City shall have twenty (20) days after delivery by Developer to City of a written objection to a title exception to notify Developer in writing that City will: (a) remove one or more of the applicable exception(s) or cause them to be removed by the end of the Due Diligence Period (as defined in Section 2.8.2 below) or reasonably insured over by the Title Company; (b) decline to remove exceptions (or to cause them to be reasonably insured). Failure by City to so notify Developer shall be deemed to be City's election not to remove or otherwise address the applicable title exception(s). If City notifies Developer that City will remove (or cause to be removed) one or more of such title exceptions, then City shall do so on or before the Close of Escrow (unless this Agreement is terminated by Developer under this Section or Section 2.8.2 below). If City fails to so notify Developer as to any exception, or declines to remove or insure over title exceptions, then Developer may terminate this Agreement by written notice to City. if Developer fails to so terminate this Agreement, Developer shall be deemed to have approved and accepted the applicable title exceptions (which, together with any title exceptions approved or created by Developer, are hereinafter referred to as the "Approved Title Exceptions"). As used herein, the term "Disapproved Title Exceptions" shall mean any title exceptions that City has agreed to remove, cause to be removed or cause to be "insured over".
2.4.2 At the Close of Escrow, the City shall convey title to the Property to Developer by grant deed in the form attached hereto as Exhibit "B" (the "Grant Deed"). Title to the Property shall be conveyed subject to: (i) non -delinquent current real property taxes and 11086-0001 U304251 v4.doc
assessments not yet due for the tax year during which the conveyance occurs, (ii) all Approved Title Exceptions, and (iii) the terms of this Disposition and Development Agreement and other covenants included in the Grant Deed (collectively, the "Permitted Exceptions"). After the date of the PTR, City shall not further encumber the Property without Developer's prior written consent.
2.5 City Conditions to Close of Escrow. The obligation of the City to close Escrow shall be subject to the satisfaction (or express written waiver by the City Manager) of each of the following conditions (collectively, the "City Conditions"):
2.5.1 Developer shall have submitted to the City Manager, and the City Manager shall have approved, a comprehensive project budget, showing line items for each type of expenditure and the applicable sources of funds (the "Project Budget"), together with a copy of all commitments obtained by the Developer for constriction financing, permanent financing, and other financing from external sources (including tax credit equity) to assist in financing the development of the Development, certified by the Developer to be true and correct, and an audited financial statement (or other evidence in a form satisfactory to the City) demonstrating that the Developer has sufficient additional capital funds (i.e., "equity") available and is committing such funds to cover the difference, if any, between costs of development of the Development and the funds available to the Developer (the "Project Budget").
2.5.2 The Developer shall have delivered to the City a copy of the construction loan documents, financial terms of which must be consistent with the Project Budget.
2.5.3 The Senior Project Loan shall close prior to or concurrently with the Close of Escrow.
2.5.4 The City Manager shall have approved the executed Construction Contract for the Project, as provided in Section 3.3 hereof.
2.5.5 The Developer shall have submitted to the City Manager a description of the legal and ownership structure of the Developer and any assignee (and its organizational documents) and the City Manager shall have approved such entity and documents.
2.5.6 The City shall have received evidence acceptable to the City Manager that the construction -related insurance required by Section 6.1 of this Agreement shall be in effect,
2.5.7 All conditions to the issuance of the Building Permit shall have been approved/issued.
2.5.8 The Developer shall have provided evidence to the City that the Developer's general contractor is experienced, creditworthy and able to construct and complete the Project (pursuant to the Construction Contract) and, unless such bonds are waived (Le., and not required) by the lender of the Senior Project Loan, evidence that the obligations of Developer's general contractor to construct the Project have been bonded, for the express benefit of Developer, Developer's construction fender and the City. If the bonding requirement applies, -9-
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Developer shall secure and deposit with the City a Performance Bond and a Labor and Material Payment Bond (in the form of ALA form A311 or A312), issued by a surety admitted to issue insurance in the State of California and otherwise acceptable to the City Manager, securing the faithful performance by the General Contractor of the completion of construction of the Improvements free of all liens and claims, within the time provided in the Schedule of Performance attached hereto. Such bond shall be in an amount equal to one hundred percent (100%) of the stipulated sum or guaranteed maximum price, as applicable. Such construction bond shall name the City as a co -obligee and may also name Developer and Developer's construction lender as co obligees. Such construction bond shall be issued by a company acceptable to the City and listed in the current United States Treasury Department circular 570 and otherwise within the underwriting limits specified for that company in such circular. All of the foregoing shall be satisfactory in forn and substance to the City Manager.
2.6 Developer Conditions to Close of Escrow. The obligations of the Developer to close escrow shall be subject to the satisfaction (or waiver by Developer) of the following conditions (the "Developer Conditions");
2,6.1 There shall have been no change to the physical condition of the Property and no new title exceptions after the date of the PTR that, in either case, would materially and adversely affect the development, use or operation of the Project.
2.6.2 City's removal (or Title Company's reasonably insuring over) all Disapproved Title Exceptions.
2.6.3 The representation of the City contained in Section 7.2 of this Agreement being true and correct.
2.6.4 The delivery by City of all documents and funds required to be delivered pursuant to Section 2.9 hereof.
2.6.5 The Title Company shall have committed to issue at the Close of Escrow an owner's title insurance policy, with any extended coverage and endorsements requested by Developer, showing fee simple title to the Land vested in Developer (or Developer's assignee as permitted by this Agreement), subject only to the Permitted Exceptions.
2.6.6 City shall have performed, observed and complied with all covenants, agreements and conditions required by this Agreement to be performed, observed and complied with on its part prior to or as of the Close of Escrow.
2.7 Costs; Escrow Holder Settlement Statement.
2.7.1 Developer shall be solely responsible for all costs and expenses related to the Survey, the costs of extended title insurance coverage and any title insurance endorsements (other than those obtained by City to "insure -over" a title exception), and fifty percent (50%) of the Escrow fees. City shall be responsible for the other fifty percent (50%) of the Escrow Fees, the costs of the standard Owner's policy of title insurance, documentary transfer taxes, and any endorsements obtained by City to "insure -aver" title exceptions. -10-
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2.7.2 Escrow Holder is authorized on the CIose of Escrow to pay and charge the Developer for any fees, charges and costs payable under Section 2.6.1 as set forth on the settlement statements approved by the Parties. Before such payments are made, Escrow Holder shall notify the City and Developer of the fees, charges, and costs necessary to close under the Escrow, by delivering draft settlement statements to the Parties for their mutual approval.
2.8 Condition of the Property.
2.8.1 "As -is" Sale. Developer acknowledges and agrees that, except as expressly set forth herein, Developer is acquiring the Land in its "AS IS" condition, WITH ALL
FAULTS, IF ANY, AND, EXCEPT AS EXPRESSLY SET FORTH HEREIN, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED and neither City nor any agents, representatives, officers, or employees of City have made any representations or warranties, direct or indirect, oral or written, express or implied, to Developer or any agents, representatives, or employees of Developer with respect to the condition of the Property, its fitness for any particular purpose, or its compliance with any laws, and Developer is not aware of and does not rely upon any such representation to any other party. Except as expressly set forth herein, neither City nor any of its representatives is making or shall be deemed to have made any express or implied representation or warranty, of any kind or nature, as to (a) the physical, legal or financial status of the Property, (b) the Land's compliance with applicable laws, (c) the accuracy or completeness of any information or data provided or to be provided by City, or (d) any other matter relating to the Property.
2.8.2 Delivery of Document by City; Inspections _ by Developer; Due Diligence Period. Within ten (10) business days after the date of this Agreement. City shall deliver to Developer copies of all material, non -privileged documents in the possession of City that pertain to the Property (the "Documents"). Upon the execution of this Agreement until the date that is ninety (90) days after the date of this Agreement (the "Due Diligence Period"), Developer and its contractors and consultants who are designated in writing to City ("Developer Designee's") shall have the right to enter onto the Property (without disturbing any occupants thereof) for the purpose of performing the Survey, hazardous materials inspections, soils inspections and other physical inspections and investigations; provided, however, that: (a) Developer shall deliver copies of all inspection reports to City; (b) no inspections or investigations shall damage the Property or any improvements thereon or shall be "invasive" unless the City has received a plan describing the scope of the inspection or investigation and has approved such plan in writing, which approval shall not be unreasonably withheld; (c) Developer shall immediately repair all damage caused by or related to its inspections; and (d) neither Developer nor any of Developer's Designees shall enter the Property unless Developer has provided City reasonable written evidence (such as insurance certificates and/or copies of policies) that the activities of Developer and the Developer Designees are covered by reasonable liability insurance naming City as an additional insured. Developer shall defend, indemnify and hold City harmless from and against any and all claims, liabilities, losses, damages, costs and expenses (including, without limitation, attorneys' fees and cost) resulting from the entry onto the Property for such purposes or for purposes of performing the Survey. if Developer disapproves to any condition of the Property or any Document, then Developer may terminate 11086-OUO 112304251 v3.doc
this Agreement by written notice to City given on or prior to the end of the Due Diligence Period that describes the basis for the disapproval.
2.8.3 Releases and Waivers. Developer acknowledges and agrees that in the event Developer does not approve of the condition of the Property under Section 2.8.2, Developer's sole right and remedy shall be to tenninate this Agreement under and in accordance with Section 2.8.2_ Consequently, Developer hereby waives any and all objections to or complaints regarding the Property and its condition, including, but not limited to, federal, state or common law based actions and any private right of action under state and federal law to which the Land is or may be subject, including, but not limited to, CERCLA (as defined in Section
1.1.19), RCRA (as defined in Section 1.1.19), physical characteristics and existing conditions, including, without limitation, structural and geologic conditions, subsurface soil and water conditions and solid and hazardous waste and Hazardous Materials on, under, adjacent to or otherwise affecting the Property. Developer further hereby assumes the risk of changes in applicable laws and regulations relating to past, present and future environmental conditions on the Property and the risk that adverse physical characteristics and conditions, including, without limitation, the presence of Hazardous Materials or other contaminants, may not have been revealed by its investigations.
Developer and anyone claiming by, through or under Developer also hereby waives its right to recover from and fully and irrevocably releases City and its council members, board members, employees, officers, directors, representatives, agents, servants, attorneys, successors and assigns ("Released Parties") from any and all claims, responsibility and/or liability that it may now have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to (i) the condition (including any defects, errors, omissions or other conditions, latent or otherwise, and the presence in the soil, air, structures and surface and subsurface waters of materials or substances that have been or may in the future be determined to be Hazardous Materials or otherwise toxic, hazardous, undesirable or subject to regulation and that may need to be specially treated, handled and/or removed from the Property under current or future federal, state and local laws regulations or guidelines), valuation, salability or utility of the Land, or its suitability for any purpose whatsoever, and (ii) any information furnished by the Released Parties under or in connection with this Agreement. This release includes claims of which Developer is presently unaware or which Developer does not presently suspect to exist which, if known by Developer, would materially affect Developer's release to City. Developer specifically waives the provision of California Civil Code Section 1542, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN TO HIM MUST HAVE
MATERIALLY AFFECTED THE SETTLEMENT WITH THE
DEBTOR."
In this connection and to the extent permitted by law, Developer hereby agrees, represents and warrants that ❑eveloper realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, -12-
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unanticipated and unsuspected, and Developer further agrees, represents and warrants that the waivers and releases Herein have been negotiated and agreed upon in light of that realization and that Developer nevertheless hereby intends to release, discharge and acquit Released Parties from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which might in any way be included as a material portion of the consideration given to City by Developer in exchange for City's performance hereunder.
Developer hereby agrees that, if at any time after the Close of Escrow any third party or any governmental agency seeks to hold Developer responsible for the presence of, or any loss, cost or damage associated with, Hazardous Materials in, on, above or beneath the Property or emanating therefrom, then Developer waives any rights it may have against City in connection therewith. including. without limitation, under CERCLA (as defined in Section
1.1.19 and Developer agrees that it shall not (i) implead the City, (ii) bring a contribution action or similar action against City, or (iii) attempt in any way to hold City responsible with respect to any such matter. The provisions of this Section 2.8.3 shall survive the Close of Escrow.
City has given Developer material concessions regarding this transaction in exchange for Developer agreeing to the provisions of this Section 2.8.3. City and Developer have each initialed this Section 2 8.3 to further indicate their awareness and acceptance of each and every provision hereto
DEVELOPER'S INITIALS
2.8.E Environmental Indenmity. From or after the Close of Escrow, Developer shall indemnify, protect, defend and hold harmless the City, and the City's officials, officers, attorneys, employees, consultants, agents and representatives, from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising directly or indirectly out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Land and removing Hazardous Materials or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean up of any Hazardous Materials caused by or resulting from any Hazardous Material, or toxic substances or waste existing on or under. any portion of the Property acquired by Developer or other portion of the Land.
2.9 Deposits into Escrow by City.
2.9. : The City hereby covenants and agrees to deliver to Escrow Holder prier to the CIose of Escrow the following instruments and documents, the delivery of each of which shall be a condition of the Close of Escrow:
2.9.1.1 A Grant Deed duly executed and acknowledged by the City. in the form attached hereto as Exhibit "B".
2.9.12 If required by Escrow Molder, the affidavit as
contemplated by California Revenue and Taxation Code 590 ("Withholding Affidavit"}; -13-
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2.9.1.3 If required by Escrow Holder, a Certification of Non Foreign Status in accordance with I.R.C. Section 1445 (the "FIRPTA Certificate');
2.9.1.4 A Subordination Agreement subordinating the City Deed of Trust and the Affordability Restrictions and Regulatory Agreement (Low/Mod Set Aside Fund) (but not the Affordability Restrictions and Regulatory Agreement (Density Bonus)) to the Construction Loan deed of trust, in a form reasonably approved by the City Manager.
2.9.1.5 A counterpart of a Notice of Affordability Restrictions in the form attached hereto as Exhibit "G", executed by City and acknowledged (the "Notice").
2.9.1.6 A counterpart of two (2) Affordability Restrictions and Regulatory Agreements in the forms attached hereto as Exhibit "H", duly executed by City and acknowledged ("Regulatory Agreements").
2.9.1.7 A Request for Notice, duly executed by the City and acknowledged (with respect to the Construction Loan deed of trust) (the "Request").
2.9.1.8 Such proof of the City's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue Developer's policy of title insurance.
2.10 Deposits into Escrow by Developer.
2.10.1 The Developer hereby covenants and agrees to deliver to Escrow Holder prior to the Close of Escrow the following instruments and documents duly executed and acknowledged where appropriate, the delivery of each of which shall be a condition of the Close of Escrow:
2.10.1.1 The City Loan Deed of Trust, duly executed by
Developer and acknowledged.
2.10.1.2 Counterparts of the Regulatory Agreements, duly executed by Developer and acknowledged.
2.10.1.3 A counterpart of the Notice, duly executed by
Developer and acknowledged.
2.11 Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled:
(i) The Title Company is unconditionally committed to issue in favor of Developer an owner's Policy of Title Insurance, with liability equal to the Purchase Price (or such lesser amount as shall have been requested by Developer), showing the Land vested in Developer subject only to the Permitted Title Exceptions. -14-
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(ii) The City and the Developer shall have deposited in Escrow the documents and funds required pursuant to Sections 2.9 and 2.10, and the City has confirmed that Developer shall have delivered to City an executed original of the Promissory Note in the form attached hereto as Exhibit "C". (iii) The City and Developer have confinmed to Escrow Holder that all other City Conditions and Developer Conditions have been satisfied or expressly waived in writing by the Party benefited thereby.
Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of Developer's title insurance policy.
2.12 Escrow's Closing Actions. On the CIose of Escrow, Escrow Holder shall:
2.12.1 Record the Grant Deed, then the Regulatory Agreements, then the Notice, then the deed of trust securing the Senior Project Loan, then the City Loan Deed of Trust, then the Request, and finally the Subordination Agreement in the Official Records of Riverside County;
2.12.2 Issue the Title Policy (or cause the Title Company to issue the Title Policy);
2.12.3 Prorate assessments, rents, and other charges as of the Close of Escrow in accordance with the settlement statements approved by the Parties and pay the costs shown thereon;
2.12.4 From funds deposited by Developer, pay costs payable by Developer as shown on the approved preliminary settlement statement approved by City and Developer settlement statement, and return any excess to Developer;
2.12.5 Prepare and deliver to both Developer and the City one signed copy of Escrow Holder's final settlement statement showing all receipts and disbursements of the Escrow; and
2.12.E If applicable, deliver the 1~IRPTA Certificate and the Withholding Affidavit to Developer.
3. DEVELOPMENT AND RESERVES COVENANTS.
3.1 Development of the Project. Developer shall develop the Project in accordance with the Scope of Development, the Schedule of Performance, all requirements of any and all applicable federal, state and local laws, rules and regulations (including any conditions of approval required by the City in its governmental capacity), the Plans and Specifications, and all other terms, conditions and requirements of this Agreement. Developer shall comply with the Schedule of Performance in a timely manner, provided that the obligations of Developer set forth therein which are to be performed after the Close of Escrow shall be delayed by Force Majeure Delays, if applicable. Until a Certificate of Completion is issued, the -15-
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Developer shall promptly provide the City with written, detailed progress reports, as reasonably requested by the City, regarding the status of the construction of the Improvements.
3.2 City's Right to _ Review Plans and Specifications. In connection with construction of the Project, Developer shall comply in all respects with Plans and Specifications approved by the City. The City in its proprietary capacity (i.e., its capacity as a party to this contract, as opposed to its governmental capacity) shall have the right to review all Plans and Specifications for the Improvements prior to their submission to the City in its governmental capacity to ensure that the Improvements are constructed in accordance with the Scope of Development and the other applicable provisions of this Agreement.
3.3 Construction Contract. Developer shall retain one or more reputable and financially responsible general contractors (each, a "General Contractor") to undertake the construction of the Project. Each General Contractor shall be acceptable to and approved in writing by the City Manager (in the exercise of his sole and absolute discretion), licensed in California, shall have any other licenses required by the City, and shall be experienced in constructing the type of improvements constituting the Improvements, provided that Pacific West Builders, Inc. is hereby approved as General Contractor. On or before the date set forth in the Schedule of Performance, Developer shall enter into a written contract, in form and substance reasonably acceptable to the City Manager (the "Construction Contract"), with the General Contractor(s) for performing the work constituting the construction of all of the Project. Each such Construction Contract shall be a guaranteed maximum cost contract or, stipulated sum insuring construction of the improvements for a fixed or maximum price, and shall obligate the General Contractor to commence and complete such construction in accordance with this Agreement and all applicable federal, state and local laws, rules and regulations. Each such Construction Contract shall provide for retention of at least ten percent (10%) (reduced to 5% retainage following 50% Project completion) from each progress payment (except there shall be no retention for any items excused from retention as specified in the Construction Contract) until the final payment, and said final payment shall not be paid to the General Contractor until the portion of the Project covered by such Construction Contract shall have been completed to Developer's satisfaction, and Developer shall have obtained all appropriate lien waivers from the General Contractor and its subcontractors, or bonds acceptable to Developer in form and amount, insuring against loss arising from any mechanics', laborers', materialmen's or similar liens filed against the Project.
3.4 Costs of Entitlement, Development and Construction. The Developer agrees that all costs, expenses and fees associated with the development and construction of the Project including the costs for developing and constructing the Improvements thereon (including, but not limited to, the land acquisition costs and governmental permits and approvals) shall be borne by Developer.
3.5 Rights of Access and Inspection. In addition to those rights of access to and across the Land to which the City and the City may be entitled by law, members of the staffs of the City and the City shall have a reasonable right of access to the Land, without charge or fee, at any reasonable time, upon reasonable notice to Developer (which may be telephonic notice to 208-461-0022) to inspect the work being performed at the Land in connection with the initial development of the Project but shall not be obligated to do so and City shall not be liable for any failure to disclose any information discovered by City (or that could or should have been -1 b-
11086- O1L3042510.doe
discovered by any City inspection). The City shall also have the right at all reasonable times to inspect and copy the books, records and all other documentation of the Developer pertaining to its obligations under this Agreement.
3.6 Local, State and Federal Laws. Developer shall carry out the construction of the Improvements on the Land in confonnity with all applicable federal, state and local laws, including all applicable federal and state occupation, safety and health standards.
3.7 City and Other_ Governmental City Permits and Approvals. Before commencement of construction or development of any work of improvement on the Land, Developer shall (at Developer's expense) secure, or cause to be secured, the Building Permit.
3.8 No Discrimination During Construction. Developer, for itself and its successors and assigns, agrees that it shall not discriminate against any employee or applicant for employment because of age, sex, marital status, race, handicap, color, religion, creed, ancestry, or national origin in the construction of the Improvements.
3.9 Taxes, Assessments, Encumbrances and Liens, Developer shall pay when due all real property taxes and assessments assessed or levied on portions of the Land from time to time owned by Developer, commencing immediately after closing of the land acquisition.
3.10 No Agency Created. In performing this Agreement, Developer is an independent contractor and not the agent of the City. The City is not an agent of Developer. The City shall not have any responsibility whatsoever for payment to any contractor or supplier of Developer or its contractors. Developer shall not have any responsibility whatsoever for payment to any contractor or supplier of the City.
3.11 Certificate of Completion. Upon Developer's completion of the construction of the Project, Developer will apply to the City for a Certificate of Completion (which shall be substantially in the form attached hereto as Exhibit "I"). The City's issuance of the Certificate of Completion shall constitute the acknowledgement of the City that Developer has complied in all respects with its development obligations (and only the development obligations) set forth in this Article 3. Promptly following the City's issuance of a certificate of occupancy for the entire project, and provided that Developer is then in full compliance with all of its obligations under Article 3 of this Agreement, the City Manager shall execute, acknowledge and deliver the Certificate of Completion, which shall be recorded in the Official Records of Riverside County and shall include, in form reasonably acceptable to Developer, an express termination or reconveyance of the City's rights under Section 6.2.2(ii) of this Agreement and the Grant Deed. If the City Manager believes that the Developer is not in compliance with its obligations under this Article 3, the City Manager shall promptly specify the nature of such non-compliance by written notice to Developer.
3.12 Capital Replacement Reserve. Upon completion of the Project, Developer shall annually set aside $250 per unit or such greater amount as may be required by the Senior Project Loan documents delivered to City, from the gross rents received by the Project into a separate capital replacement reserve account identified in writing to City. Funds in the Capital Replacement Reserve shall be used only for capital repairs, improvements and replacements to the accepted accounting principles. The non -availability of funds in the Capital Replacement ere
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Reserve does not in any manner relieve or lessen Developer's obligations to undertake any and all necessary capital repairs, improvements or replacements and to continue to maintain the Project in the manner prescribed in this Agreement or the Regulatory Agreements.
4. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS.
4.1 Restriction on Transfer of Developer's Rights and Obligations. Prior to issuance of a Certificate of Completion for the Project, Developer shall not sell, assign, transfer, mortgage, Iease (except for leases/rental agreement that comply with the Regulatory Agreement, and that are conditioned upon Project completion), hypothecate, or convey (collectively, a "Transfer") the Project or any part thereof or any of Developer's rights or obligations hereunder, or agree to do so, or transfer fifty percent (50%) or more of the ownership interests in Developer in a single transaction or series of transactions, without the City's prior written consent, which consent may be granted or withheld in the City's sole and absolute discretion, except that the City's consent shall not be required for the admission of one or more tax credit limited partner(s) or execution of one or more deeds of trust and related instruments securing Developer's construction loan (provided a copy is given to City), a conveyance of the Project resulting from the foreclosure thereof (or a deed in lieu of such a foreclosure). Developer acknowledges that the identity of Developer is of particular concern to the City, and it is because of Developer's identity that the City has entered into this Agreement with Developer. Except for any Transferee approved by the City pursuant to this Section 4.1, and except for any Holder (defined in Section
4.2) Project, no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Agreement prior to the issuance of a Certificate of Completion. No transfer or assignment of Developer's interest hereunder without the City's prior written approval shall be deemed to release Developer from the obligations of Developer hereunder.
4.2 Holders of Deeds of Trust. Notwithstanding any provisions of Section 4.2 to the contrary, Developer shall have the right to hypothecate its interest in the Land and the Project pursuant to one or more deeds of trust from an institutional lender, for the purpose of securing loans of funds to be used for financing the direct and indirect costs of the Project ( including land development costs, reasonable and customary developer fees, loan fees and costs, and Other normal and customary project costs), or for refinancing the construction financing with pennanent financing. Any institutional lender of record holding any such deed of trust, whose name and address shall have been provided by Developer to City referred to herein as a "Holder."
4.3 Rights of Holders. The City shall deliver a copy of any notice or demand to Developer concerning any breach or default by Developer under this Agreement to each Holder who has previously made a written request to the City for special notice hereunder. Any notice of breach or default by Developer shall not be effective against any such Holder unless given to such Holder. Such Holder shall have the right at its option to cure or remedy any such default and to add the cost thereof to the secured debt and the lien of its security interest. If such breach or default can only be remedied or cured by such Holder upon obtaining possession, such Holder may remedy or cure such breach or default within a reasonable period of time after obtaining possession, provided such Holder seeks possession with diligence through a receiver or foreclosure. Such Holder shall not undertake or continue the construction or completion of the Improvements beyond the extent necessary to conserve or complete the Improvements. Any Holder completing the Improvements must assume all rights and obligations of Developer under -1 11096 -ODO 123 0425 10, d oc
this Agreement and shall then be entitled, upon written request made to the City, to a Certificate of Completion from the City.
4-4 Noninterference with Holders. The provisions of this Agreement do not limit the right of Holders (a) to foreclose or otherwise enforce any mortgage, deed of trust, or other security instrument encumbering all or any portion of the Project, (b) to pursue any remedies for the enforcement of any pledge or lien encumbering such portions of the Project, or (c) to accept, or cause its nominee to accept, a deed or other conveyance in lieu of foreclosure or other realization, In the event of (i) a foreclosure sale under any such mortgage, deed of trust or other lien or encumbrance, (ii) a sale pursuant to any power of sale contained in any such mortgage or deed of trust, or (iii) a deed or other conveyance in lieu of any such sale, the purchaser or purchasers and their successors and assigns, and such portions of the Project shall be, and shall continue to be, subject to all of the conditions, restrictions and covenants of all documents and instruments recorded pursuant to this Agreement, including, without limitation, the restrictions set forth in the grant deed on such property from the City to Developer. The City agrees to execute such further documentation regarding the rights of any Holder as is customary with respect to construction or permanent financing, as the case may be, to the extent that such documentation is reasonably requested by any Holder and is reasonably approved by the City Manager.
4.5 Right of City to Cure. In the event of a default or breach by the Developer of a loan by a Holder prior to the completion of the Improvements, the City may, upon prior written notice to the Developer, cure the default, prior to the completion of any foreclosure. In such event the City shall be entitled to reimbursement from the Developer of all costs and expenses incurred by the City in curing the default. The City shall also be entitled to a lien upon the Project or any portion thereof to the extent of such costs and disbursements. The City agrees that such lien shall be subordinate to any lien in favor of a Holder, and the City shall execute from time to time any and all documentation reasonably requested by the Developer to effect such subordination.
4.6 Right of City to Satisfy Other Liens. After the Close of Escrow and after the Developer has had a reasonable time to challenge, cure, or satisfy any liens or encumbrances on the Project or any portion thereof, and has failed to do so, in whole or in part, the City shall, upon prior written notice to the Developer, have the right to satisfy any such lien or encumbrances; however, nothing in this Agreement shall require the Developer to pay or make provision for the payment of any tax, assessment, lien or charge so long as the Developer in good faith shall contest the validity or amount therein and so long as such delay in payment shall not subject the Land or any portion thereof to forfeiture or sale.
5. DEFAULT, REMEDIES AND TERMINATION.
5.1 Defaults. The occurrence of any or all of the following shall constitute a default ("Default") under this Agreement:
5.1.1 Developer's failure to perform its obligations on a timely basis as contained in the Schedule of Performance (as extended pursuant to Section 5.7), or any breach of this Agreement by any Party involving the payment of money, and the continuance of such -19-
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breach for a period of ten (10) days after the non defaulting Party has given written notice to the defaulting Party;
5.1.2 Except as otherwise provided in Section 5.I.1 hereof, a breach of any other term of this Agreement by any Party not involving the payment of money and failure of such Party to cure such breach within thirty (30) days after the non defaulting Party has given written notice to the defaulting Party; provided, however, if such breach is not reasonably curable within such thirty (30) day period, then such Party shall be deemed in Default only if such Party does not commence to cure such breach within such thirty (30) day period and thereafter fails to diligently prosecute such breach to completion;
5.1.3 Developer's violation of Section 4.1;
5.1.4 Developer's failure or refusal to keep in force and effect any material permit or approval with respect to construction of the Project, and Developer's failure to cure such breach within thirty (30) calendar days after notice from the City of Developer's breach; provided, however, if such breach is not reasonably curable within such thirty (30) day period, then Developer shall be deemed in Default only if Developer does not commence to cure such breach within such thirty (30) day period and thereafter fails to diligently prosecute such breach to completion, or
5.1.5 Filing of a petition in bankruptcy by or against any Party or appointment of a receiver or trustee of any property of any Party, or an assignment by any Party for the benefit of creditors, or adjudication that such Party is insolvent by a court, and the failure of such Party to cause such petition, appointment, or assignment to be removed or discharged within 180 days.
5.1.6 The failure to comply with any of the material requirements of Section 6 below;
5.1.7 1f applicable under Section 2.5.18, the failure to maintain, or the cancellation of, any of the bonds described in Section 2.5.18 prior to the issuance of a Certificate of Completion.
5.1.8 The failure of Developer to apply for 9% tax credits in the second round for 2019 and both rounds for 2020 until awarded, or the failure to deliver to City evidence of an application for tax credits after the application is submitted within ten (10) days of written request from City
5.2 Remedies.
5.2.1 Remedies Prior to the Close of Escrow. In the event of a Default by any Party prior to the Close of Escrow, the nondefauiting Party shall have the right to terminate this Agreement (provided it is not in Default of its obligation under this Agreement), by delivering written notice thereof to the defaulting Party. Such Party may seek against the defaulting Party any available remedies at law or equity, including but not limited to, the right -20-
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to receive damages (excluding damages for lost profits) or to pursue an action for specific performance.
5.2.2 Remedies for Default After the Close of Escrow. In the event of a Default by any Party after the Close of Escrow, a non defaulting party shall be entitled to the following remedies, as applicable:
(i) A defaulting Party shall be liable to the non defaulting Party for all damages, costs and losses incurred by the non defaulting Party, and the non defaulting Party may seek against the defaulting Party any available remedies at law or equity, including but not limited to the right to receive damages or to pursue an action for specific performance; and
(ii) Prior to the issuance of the Certificate of Completion, the City shall have the following right of reversion in the event that that Developer fails to timely complete grading, timely commence vertical construction, or timely complete the Improvements, all as required by the Schedule of Performance, subject to Force Majeure Delays.
If Developer fails to timely complete grading, fails to timely commence restricted construction, or fails to timely complete the Improvements by the applicable deadlines in the Schedule of Performance (as extended by Force Majeure Delays). the City may terminate this Agreement and reenter and take possession of the Land and all Improvements thereon, and revest in the City title to the Property theretofore conveyed to the Developer (or its successors in interest) and the Improvements, take any and all actions necessary to commence and complete the enforcement of its reversionary interest, and in such event the Developer agrees to promptly take all actions and to execute all documents necessary to revert title to the Land and Improvements to the City free and clear of all liens and encumbrances created by or with the consent of Developer.
City hereby agrees that any cure of any default made or tendered by Developer's limited partners who shall have been identified in writing by Developer to City and shall be deemed to be a cure by Developer and shall be accepted or rejected on the same basis as if made or tendered by Developer; provided City shall have received written notice by Developer of the identity of, and address for notices for, such limited partners and a copy of the applicable limited partnership agreement and amendments showing they are limited partners.The City Manager shall, however, execute (and cause to be duly acknowledged and delivered for recordation) a reasonable subordination agreement required by the lender of the Senior Project Loan subordinating such right of reversion to the deed of trust securing the Senior Project Loan.
Upon re -vesting in the City of title to the Land and Improvements as provided in this Section, the City shall, use good faith efforts to resell the same pursuant to a disposition and development agreement, and upon such resale, the proceeds thereof shall be applied as follows:
1. First, to reimburse the City for any payment made
by City to any holder of a lien on the Project or any parties thereof or interest therein to cause such lien to be released or reconveyed; -21-
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2. Second, to reimburse the City for all costs and
expenses incurred by the City, including but not limited to salaries of personnel and legal fees incurred in connection with the recapture, management, and resale of the Land and Improvements and (but less any income derived by the City from any part of the Land in connection with such management); all taxes, installments of assessments payable prior to resale, and applicable water and sewer charges with respect to the Land and Improvements or any portion thereof; and expenditures made or obligations incurred with respect to the making or completion of the Project; and any amounts otherwise owed to the City by the Developer.
3. Third, to reimburse the City for other damages by
reason of the Developer's default.
4. Fourth. to reimburse the Developer for:
(a) The lesser of the reasonable cost or the fair
market value of the improvements the
Developer has placed on the Land or
applicable portion thereof at the Developer's
cost (i.e., using equity and not loan funds);
less
(b) The gains or income withdrawn or made by
the Developer from the Land and
Improvements.
5. Fourth, any balance remaining after such
reimbursements shall be retained by the City as its property.
5.3 No Speculation. The rights established in this Article are to be interpreted in light of the fact that the City will convey the Land to Developer for development and operation of the Project thereon and not for speculation in undeveloped land or for construction of different improvements.
5.4 No Personal Liability. No representative, agent, attorney, consultant, or employee of the City shall personally be liable to the Developer or any successor in interest of Developer, in the event of any Default or breach by the City, or for any amount which may become due to Developer or any successor in interest, on any obligation under the terms of this Agreement.
5.5 Rights and Remedies are Cumulative. The rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by the non defaulting Party; provided, however, that liquidated damages specified herein shall constitute the sole damages recoverable for the default giving rise to such liquidated damages. -22-
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5.6 Inaction Not a Waiver of Default. Any failures or delays by either Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such Party of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. The acceptance by a Party of less than the full amount due from the other party shall not constitute a waiver of such Party's right to demand and receive the full amount due, unless such Party executes a specific accord and satisfaction.
5.7 Force Majeure. Following the Close of Escrow, and notwithstanding anything to the contrary in this Agreement, nonperformance shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such party (a "Force Majeure Delay"): (i) failure to perform by Developer attributable to any strike, lockout or other labor or industrial disturbance (whether or not on the part of the employees of either party hereto), civil disturbance, future order claiming jurisdiction, act of the public enemy, war, riot, sabotage, blockade, embargo, inability to secure customary materials, supplies or labor through ordinary sources by reason of regulation or order of any government or regulatory body; or (ii) delay attributable to severe weather, lightning, earthquake, fire, storm, hun-icane, tornado, flood, washout, explosion, or any other cause beyond the reasonable control of the party from whom performance is required, or any of its contractors or other representatives. Any prevention, delay or stoppage due to any Force Majeure Delay shall excuse the performance of the party affected for a period of time equal to any such prevention, delay or stoppage (except the obligations of either party to pay money to the other party or to close escrow) provided that the Party claiming the Force Majeure Delay notifies the other Party of the Force Majeure Delay within a reasonable time not to exceed ten business days) after the commencement of the Force Majeure Delay.
6.1 Insurance.
6.1.1 From and after the Close of Escrow and for so long as title to the Land has not reverted to by the City, Developer shall obtain and maintain at no cost or expense to the City, with a reputable and financially responsible insurance company reasonably acceptable to the City, (i) after the opening of the Project for business, commercially reasonable casualty insurance for the Improvements in an amount not less than the replacement cost of the Improvements (subject to commercially reasonable deductibles) with a reasonable inflation rider; (ii) commercial broad form general liability insurance, insuring against claims and liability for bodily injury, death, or property damage arising from the construction, use, occupancy, condition, or operation of the Land, which liability insurance shall provide combined single limit protection of at least $2,000,000 and shall include a reasonable inflation rider, contractual liability coverage and products and completed operations coverage, and (iii) commercial automobile liability insurance of at least $1,000,000 combined single limit. Such liability insurance policies shall name the City and their council members, board members, officers, agents and employees as additional insureds.
6.1.2 Before commencement of any demolition or construction work by Developer on any portion of the Land owned by Developer, Developer shall obtain and maintain in force until completion of such work (i) "all risk" builder's risk insurance, including coverage -23-
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for vandalism and malicious mischief, in a form and amount and with a company reasonably acceptable to the City, and (h) workers' compensation insurance covering all persons employed by Developer in connection with work on the Project, or any portion thereof. During the construction of Improvements on any portion of the Land by Developer, such builder's risk insurance shall cover improvements in place and all material and equipment at the job site furnished under contract, but shall exclude contractors', subcontractors', and construction managers' tools and equipment and property owned by contractors' and subcontractors' employees.
6.13 Each architect and each engineer engaged by Developer shall provide professional liability insurance with a limit of liability of at least One Million Dollars (S 1,00p,000.Q4).
6.1.4 Developer shall also furnish or cause to be furnished to the City evidence satisfactory to the City that any contractor with whom it has contracted for the performance of work on the Land or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law.
6.1.5 With respect to each policy of insurance required above, Developer and each of Developer's general contractors, engineers and architects shall furnish to the City a certificate on the insurance carrier's form setting forth the general provisions of the insurance coverage promptly after written request by City showing the additional insureds. The certificate shall also be furnished by Developer prior to commencement of construction of any Improvements.
6.1.6 All such policies required by this Section shall contain (i) language to the effect that the policies cannot be cancelled or materially changed except after thirty (30) days' written notice by the insurer to the City, and (ii) a waiver of the insurer of all rights of subrogation against the City and the other additional insureds. All such insurance shall have deductibility limits which shall be commercially reasonable.
6.2 Indemnity. From and after the execution of this Agreement, Developer hereby agrees to indemnify, defend, protect, and hold harmless the City (as a third party beneficiary) and any and all agents, employees, representatives, council members, board members, consultants, and officers of the City, from and against all losses, liabilities, claims, damages (including foreseeable or unforeseeable consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out of pocket litigation costs and reasonable attorneys' fees) and demands of any nature whatsoever, related directly or indirectly to, or arising out of or in connection with:
(i) the validity of this Agreement;
(it) the development and construction by Developer of the Improvements on the Land or the use, ownership, management, occupancy, or possession of the Land during Developer's period of ownership of the Land; (iii) any breach or Default by Developer hereunder (subject to any liquidated damages provisions otherwise contained in this Agreement); -24-
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(iv) any of Developer's activities on the Land (or the activities of Developer's agents, employees, lessees, representatives, licensees, guests, invitees, contractors, subcontractors, or independent contractors on the Land), regardless of whether such losses and liabilities shall accrue or are discovered before or after tennination or expiration of this Agreement, except to the extent such losses or liabilities are caused by the gross negligence or willful misconduct of the City. The City may in its discretion, and at their own cost, participate in the defense of any legal action naming the City. The provisions of this Section shall survive the Close of Escrow or the termination of this Agreement; or
(v) claims for prevailing wages under or violation of California Labor Code Sections 1720 et seq.
7. REPRESENTATIONS AND WARRANTIES.
7.1 Developer Representations. Developer represents and warrants to the City as of the date of this Agreement and as of the Close of Escrow that:
(i) Developer is a Iimited partnership validly existing and in good standing under the laws of the State of California.
(ii) Developer has duly authorized the execution and performance of this Agreement and the execution and performance of all of the closing documents set forth herein.
(iii) Developer's execution and performance of this Agreement and the closing documents will not violate any provision of the Developer's partnership agreement or any deed of trust, lease, contract, agreement, instrument, order, judgment or decree by which Developer is bound.
(iv) The Developer has not engaged a broker with respect to the purchase of the Land contemplated herein.
7.2 City Representation. The City hereby represents and warrants to the Developer that the City has not engaged a broker with respect to the purchase of the Land as contemplated herein.
8. GENERAL PROVISIONS.
8.1 Notices_ All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by reputable overnight messenger.
Notices shall be considered given upon the earlier of (a) one business day following deposit or delivery with a nationally recognized overnight courier delivery charges prepaid, or (b) upon delivery or attempted delivery as shown on the return receipt if sent by certified mail. Notices shall be addressed as provided below for the respective Party; provided that if any Party gives notice in writing of a change of name or address, notices to such Party shall thereafter be given as demanded in that notice:
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Cam: City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: City Manager
Developer: Temecula Pacific Associates
430 East State Street, Suite 100
Eagle, ID 83616
Attn: Caleb Roope
City hereby agrees to provide copies of any written notices to Developer's limited partners who shall have been identified in writing by Developer to City. City further agrees that any cure of any default made or tendered by any such limited partner shall be deemed to be a cure by Developer and shall be accepted or rejected on the same basis as if made or tendered by Developer; provided City shall have received written notice by Developer of the identity of, and address for notices for, such limited partners and a copy of the applicable limited partnership agreement and amendments
8.2 Construction. The Parties agree that each Party and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. 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.
8.3 Interpretation. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the wards "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires.
Unless otherwise required by a specific provision of this Agreement, time hereunder is to be computed by excluding the first day and including the last day. If the date for performance falls on a Saturday, Sunday, or legal holiday, the date for performance shall be extended to the next business day. Ail references in this Agreement to a number of days in which either party shall have to consent approve or perform shall mean calendar days unless specifically stated to be business days.
9.4 Time of the Essence. Time is of the essence of this Agreement.
8.5 Warranty Against Payment of Consideration for Agreement. Developer warrants that it has not paid or given, and will not pay or give, to any third person, any money or other consideration for obtaining this Agreement, other than normal costs of conducting business and costs of professional services such as architects, engineers and attorneys.
8.6 Attorneys' Fees. If any Party brings an action to enforce the terms hereof or declare its rights hereunder, the prevailing Party in any such action shall be entitled to its reasonable attorneys' fees to be paid by the losing Party as fixed by the court. If the City is made a party to any litigation instituted by or against Developer or to any litigation attacking the validity of this Agreement, then Developer shall indemnify and defend the City against, and save them harmless from, all costs, expenses (including reasonable attorneys' fees), claims, liabilities, -26-
1 1086.4)001 Q3042510.doc
damages and losses incurred by the City in connection with such Iitigation provided, however, that in no event shall the Developer be obligated to pay any damages awarded to any person or entity that result from the gross negligence or willful misconduct of the City.
8.7 Entire Agreement. This Agreement, together with all attachments and exhibits hereto, and all agreements executed pursuant hereto, constitutes the entire understanding and agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof.
8.8 Severability. Each and every provision of this Agreement is, and shall be construed to be, a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof shall to any extent be Feld to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law.
8.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties, and there are no third party beneficiaries of this Agreement.
No other person shall have any right of action based upon any provision of this Agreement.
8.10 Governing Law; Jurisdiction, Service of Process. This Agreement and the rights of the Parties shall be governed by California law. The Parties consent to the exclusive jurisdiction of the California Superior Court for the County of Riverside. If any legal action is commenced by Developer against the City, or by City against Developer, service of process on the City shall be made by personal service upon the executive director or secretary of the City, or in such other manner as may be provided by law. If any legal action is commenced by City against Developer, service of process on Developer shall be made by personal service on the City Clerk at the City's address for notices, or in such other manner as may be provided by law.
8.11 Survival. The provisions hereof shall not merge into, but rather shall survive, any conveyance hereunder (including, without limitation, the delivery and recordation of the Grant Deed) and the delivery of all consideration.
8.12 City Actions. In addition to any provisions of this Agreement that gives the City Manager the authority to make decisions and grant approvals, the City hereby authorizes the City Manager to deliver such approvals, consents as are contemplated by this Agreement, waive requirements under this Agreement, and modify this Agreement, on behalf of the City provided that the applicable approval, consent, waiver or modification is not substantial (i.e., does not change the fundamental business transaction between the Developer and the City, as determined by the City Manager in his reasonable discretion).
8.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed as original but all of which together shall constitute one and the same instrument.
-27-
1 I 086-000 P.2304251 vldoc
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of'the day and year first above written.
DEVELOPER. -
By: TPC Holdings VII, LLC
an Idaho limited liability company
a general part
By:
Cal b Roope, Manager
[NEED COPIES OF LP-1 AND
PARTNERSHIP AGT, AND DESIRED SIG
BLOCK]
CITY:
CITY OF TEMECULA
By: _
Michael S. Naggar, Mayor
ATT
Randi Joh , ity Cleric
APPROVED AS TO FORM:
By:
f Richards,
Watson & Gershon, counsel to City
1 I080-{ WI Q30425 t v3.doc
-? 8-
EXHIBIT "A"
LEGAL DESCRIPTION OF LAND OWNED BY CITY
Real property in the City of Temecula, County of Riverside, State of California, described as follows:
PARCELS 1 AND 2 OF PARCEL MAP 9839, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 61, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY, CALIFORNIA.
EXCEPT THEREFROM THAT PORTION OF PARCEL I CONVEYED TO THE RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A BODY POLITIC, BY DOCUMENT RECORDED JANUARY 14, 2015 AS INSTRUMENT NO. 2015- 0016730 OF OFFICIAL RECORDS
Assessor's Parcel Numbers: 922-053-021-2 & 922-053-048-7 A-1
110964)W1 2304251v3,dne
EXHIBIT "A-1"
DESCRIPTION OF LAND OWNED BY DEVELOPER
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THE NORTHWESTERLY 255 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
TIIE NORTI ]WESTERLY ONE-IIALF OF TIIAT TRACT OF LAND FORMERLY USED AS
RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N.R. VAIL, ET AL., BY DEED RECORDED JUNE 11, 1940 IN BOOK 464, PAGE 505 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27 OF THE
TOWN OF TEMECULA, IN THE CITY OF TEMECULA, SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA,
THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 35, AS SHOWN BY SAID MAP; THENCE
NORTHWESTERLY IN A STRAIGHT LINE TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP,
THENCE NORTHEASTERLY ON A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 ON SAID MAP;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTHWESTERLY 595 FEET THEREOF.
ALSO EXCEPT THEREFROM THOSE PORTIONS INCLUDED IN RIVER AND PUJOL STREETS AS SHOWN ON SAID MAP.
ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND CONDEMNED BY THE
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AS
SET FORTH AND DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 05, 2010 AS INSTRUMENT NO. 2010-0477535 OF OFFICIAL RECORDS.
Assessor's Parcel Number: 922-053-047-6
i 1 ONO-000 1 12304251 v3.doc
EXHIBIT "B"
FORM OF GRANT DEED
RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO,
AND MAIL TAX STATEMENTS TO:
Temecula Pacific Associates
430 East State Street, Suite 100
Eagle, ID 83616
Attn: Caleb Roope
APN(s): 922-053-021-2; 922-053-048-7
(Space above For Recorder's Use) Exempi From Recording Fee Per Government Code Section 27383 Documentary transfer tax is S , based on the full value of the property conveyed.
GRANT DEED
The undersigned grantor(s) declare(s):
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA "Grantor") hereby GRANTS to TEMECULA PACIFIC ASSOCIATES, a California limited partnership ("Grantee") the land (the "Land") located in the City of Temecula, County of Riverside, State of California described on Exhibit "A".
SUBJECT TO, all matters of record and all matters visible upon inspection.
1. This grant of the Land is subject to the terns of a Disposition and Development Agreement entered into by and between Grantor and Grantee dated as of June , 20I9 (the "Agreement") the terms of which are incorporated herein by reference (and which include maintenance covenants, as well as the matters described in Section 2 and 3 below). A copy of the Agreement is available for public inspection at the offices of the Grantor at 41000 Main Street, Temecula, California 92590.
2. As provided in, and subject to the provisions contained in, Section 5.2.2 of the Agreement, the Grantor shall have the right, at its option, to reenter and take possession of the Land hereby conveyed, with ail improvements thereon and to tenninate and revest in Grantor the Land hereby conveyed to the Grantee (or its successors in interest).
3. The Grantee covenants, for itself and its successors and assigns, that there shall be no sale, transfer, assignment, conveyance, lease, pledge or encumbrance of the DDA, or the Land and the Improvements thereon or any part thereof, or of ownership interests in the Grantee in violation of the DDA, which contains restrictions on the assignment of the DDA and the transfer of interests in the Land.
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1 108 6-000 1 \2304251 v 3.doc
4. Grantee agrees, for itself, its successors and assigns, to refrain from restricting the rental, sale or lease of the land on any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, I2926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land or Improvements, nor snail the Developer himself or any such person claiming under or through hint establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land_ The foregoing covenants shall run with the land.
All deeds, leases or contracts entered into by Grantee, its successors and assigns, or any successor -in -interest to all or any portion of or interest in the land shall contain or be subject to substantially the following nondiscrimination or non -segregation clauses:
1. In deeds: "The grantee herein covenants by and for and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group or persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California 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 California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land.
Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.1 U, 51,11, and 799.5 of the California Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph."
2. In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and that this lease is made and accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation of, any person or group or persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California 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 California Government Code, in the leasing, subleasing, transferring, use, or enjoyment of the land herein leased nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of B-2
1 1086-0001 \230 251 Q.doc
discrimination or segregation with reference to the selection, location, ilunlber, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein leased.
Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall he construed to affect Sections 51.2, 51.3, 51.4, 51.10,
51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section I2955 of the California Government Code shall apply to said paragraph."
3. In contracts: "There shall be no discrimination against or segregation of, any person or group or persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12925, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location. number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in th land.
Notwithstanding the immediately preceding paragraph, with respect to familial status. said paragraph shall not be Construed to apply to housing for alder persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10,
51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1350 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph."
5. All covenants contained in this Grant Deed shall be covenants running with the land. Every covenant contained in this Grant Reed against discrimination contained in Section 4 of this Grant Deed shall remain in perpetuity.
IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth below.
Dated: .201
CITY OF TEMECULA
By:
Print Name:
Title:
H 086-00011,23042510.doc
ATTEST:
Randi Bahl, City Clerk
B-4
11086-000112344251v3.doc
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 Riverside
On , before me,
6nsen name and title of the officer]
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 hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
B-5
11086-OOD 1 \2304251 v1doc
EXHIBIT A TO GRANT DEED
Real property in the City of Temecula, County of Riverside, State of California, described as follows:
PARCELS I AND 2 OF PARCEL MAP 9839, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 61, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY, CALIFORNIA.
EXCEPT THEREFROM THAT PORTION OF PARCEL I CONVEYED TO TIIE RIVERSIDE•
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A BODY POLITIC, BY DOCUMENT RECORDED JANUARY 14, 2015 AS INSTRUMENT NO. 2015- 0015730 OF OFFICIAL RECORDS
Assessor's Parcel Numbers: 922-053-021-2 & 922-053-048-7 B-d
1 1 ❑86-OW I �23042510-dor
EXHIBIT "C"
FORM OF CITY LOAN PROMISSORY NOTE
SECURED PROMISSORY NOTE
, 201
Temecula, California
S
FOR VALUE RECEIVED, the undersigned TEMECULA PACIFIC ASSOCIATES, a Califorriia partnership ("Maker" or "Developer"), having its principal place of business at , promises to pay to the order of the CITY OF TEMECULA, a municipal corporation ("Payee" or "City"), at 41000 Main Street, Temecula, CA 92590, or at such other place as the holder of this Note from time to time may designate in writing, the principal sum of (S� [PURCHASE PRICE AMOUNT; PLUS $698,281 OF DEFERRED CITY FEES; PLUS PERM, LOAN OF $ I ,301,7191 (the "Original City Principal Amount"), together with interest on the unpaid principal amount of this promissory note (the "City Loan Note") from time to time outstanding at the "Applicable Interest Rate," as defined below, in lawful money of the United States of America. This City Loan Note is being delivered, and the loans evidenced hereby are being made, pursuant to the terms of a Disposition and Development Agreement between Developer and City ("DDA"). All capitalized terms used herein which are not separately defined herein shall have the meanings set forth therefor in the DDA.
As of the date of this City Loan Note, the sum of $ [PURCHASE PRICE PLUS DEFERRED FEES] of principal is outstanding; the remainder of the loan shall be disbursed by City upon or after completion of the project described in the DDA, upon the written request of Developer, as pennanent financing to repay then -existing construction financing, subject to the terms and conditions in Section 2.2 of the DDA. "Applicable Interest Rate" means three percent (3%) per annum, simple interest, except that amounts not paid when due shall accrue interest from the date due until the date paid at the lesser of: (i) seven percent (7%) per annum, simple interest, or (ii) the maximum rate permitted by applicable law.
I. Payments. Payments under this City Loan Note shall be due and payable as follow: Payments of fifty percent (50.00%) of all Residual Receipts ("City Portion") payable on April 15 after the first anniversary of completion of construction of the Project pursuant to the DDA, and each anniversary thereafter until this City Loan Note has been satisfied in full.
Payments shall first be applied to accrued interest, then to the first $698,281.00 of principal (representing deferred City fees), then to remaining outstanding principal. In addition, the entire amount of outstanding principal and accrued interest and any additional amounts which become owing hereunder shall be paid by Maker to Payee as of the earliest of (i) a default under the DDA, the Regulatory Agreement entered pursuant to the DDA, or the deed of trust securing this City Loan Note not cured within the applicable cure period after delivery of required notice; (ii) as provided in Section 4 below; (iii) with respect to the first $698,281.00 of principal, thirty (30) years after the date of this City Loan Note; and (iv) fifty-five (55) years after the date of this City Loan Note (the "City Maturity Date"),
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1 1096 4M 1123042 510. doe
2. Secured by Deed of Trust. Repayment of this City Loan Note is secured by a deed of trust (the "City Loan Deed of Trust") of this date executed by Maker for the benefit of Payee encumbering the property described in the City Loan Deed of Trust (the "Property" or "Site").
3. Prepayment. Maker shall have the right to prepay amounts owing under this City Loan Note at any time, without penalty or premium.
4. Due on Sale or Encumbrance. In the event of any Transfer (as defined below) of the Property, or any portion thereof or interest therein, Payee shall have the absolute right at its option, without prior demand or notice, to declare all sums secured hereby immediately due and payable. As used herein, the term "Transfer" means and includes the direct or indirect sale, transfer, conveyance, assignment, or other alienation of the Property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise, or the lease of all or substantially all of the Property or of all or substantially all of the improvements located thereon. Transfer shall not include the sale, transfer, assignment, pledge, hypothecation or encumbrance by Developer's limited partner of its partnership interest to the extent permitted by the DDA, nor shall Transfer include the removal of any general partner of Developer by the limited partner for cause and the replacement of such removed general partner by another person or entity in accordance with the terms of Developer's partnership agreement to the extent permitted by the DDA. "Transfer" shall not include a Transfer permitted in the DDA so long as Trustor complies with the provisions of the Regulatory Agreement relating to such Ieasing activity. "Transfer" shall not include the leasing of individual Units on the Property. Failure of Beneficiary to exercise the option to declare all sums secured hereby immediately due and payable upon a Transfer will not constitute waiver of the right to exercise this option in the event of any subsequent Transfer.
S. Miscellaneous.
(a) Governing Law. All questions with respect to the construction of this City Loan Note and the rights and liabilities of the parties to this City Loan Note shall be governed by the laws of the State of California.
(b) Binding. on Successors. This City Loan Note shall inure to the benefit of, and shall be binding upon, the successors and assigns of each of the parties to this City Loan Note-
(c) Attorneys' Fees..
(i) Maker shall reimburse Payee for all reasonable attorneys' fees, costs and expenses, incurred by Payee in connection with the enforcement of Payee's rights under this City Loan Note, including, without limitation, reasonable attorneys' fees, costs and expenses for trial, appellate proceedings, out -of -court negotiations, workouts and settlements or for enforcement of rights under any state or federal statute, including, without limitation, reasonable attorneys' fees, costs and expenses incurred to protect Payee's security and attorneys' fees, costs and expenses incurred in bankruptcy and insolvency proceedings such as (but not limited to) seeking relief from stay in a bankruptcy proceeding. The term "expenses" means any C-2
110864" 1 Q304251 vldm
expenses incurred by Payee in connection with any of the out -of -court, or state, federal or bankruptcy proceedings referred to above, including, without limitation, the fees and expenses of any appraisers, consultants and expert witnesses retained or consulted by Payee in connection with any such proceeding.
(ii) Payee shall also be entitled to its attorneys' fees, costs and expenses incurred in any post judgment proceedings to collect and enforce the judgment. This provision is separate and several and shall survive the merger of this City Loan Note into any judgment on this City Loan Note.
(d) Entire Agreement. This City Loan Note and the relevant provisions of the DDA constitute the entire agreement and understanding between and among the parties in respect of the subject matter of such agreements and supersede all prior agreements and understandings with respect to such subject matter, whether oral or written. (e) Time of the Essence. Time is of the essence with respect to every provision hereof.
(f) Waivers by Maker. Except as otherwise provided in any agreement executed in connection with this City Loan Note, Maker waives: presentment; demand; notice of dishonor; notice of default or delinquency; notice of acceleration; notice of protest and nonpayment; notice of costs, expenses or losses and interest thereon; and diligence in taking any action to collect any sums arising under this City Loan Note or in any proceeding against any of the rights or interests in or to properties securing payment of this City Loan Note. (g) Non -waivers. No previous waiver and no failure or delay by Maker in acting with respect to the terms of this City Loan Nate or the City Loan Deed of Trust shall constitute a waiver of any breach, default, or failure of condition under this City Loan Note, the City Loan Deed of Trust or the obligations secured thereby. A waiver of any term of this City Loan Note, the City Loan Deed of Trust or of any of the obligations secured thereby must be made in writing and shall be limited to the express written tenns of such waiver_ In the event of any inconsistencies between the terms of this City Loan Note and the terms of any other document related to the loan evidenced by this City Loan Note, the terms of this City Loan Note shall prevail.
(h) Non -Recourse. Repayment of this Note and all other obligations of Borrower hereunder, under the DDA, Regulatory Agreement or Deed of Trust shall be a non - recourse obligation of Borrower, such that neither Borrower nor any partner of Borrower shall have any personal obligation to make any payments or perform any other obligations of Borrower.
(i) Cure by Limited Partners. City hereby agrees that any cure of ally default made or tendered by Developer's limited partners who shall have been identified in writing by Developer to City and shall be deemed to be a cure by Developer and shall be accepted or rejected on the same basis as if made or tendered by Developer; provided City shall have received written notice by Developer of the identity of, and address for notices for, such limited C-3
1 1 [l>364WOI \2304251 v1doc
partners and a copy of the applicable limited partnership agreement and amendments showing they are limited partners.
MAKER:
TEMECULA PACIFIC ASSOCIATES
By: TPC Holdings VII, LLC
an Idaho limited liability company
a general partner
Caleb Roope, Manager
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11086- W113304251v1doc
EXHIBIT "D"
FORM OF CITY LOAN DEED OF- TRUST
Ij►`I:I ��1:� x�I�7:7 �J �1�7u►In I � r��
City of Temecula
41000 Manz Street
Temecula, CA 92590
Attention: City Clerk
with a copy to:
Temecula Pacific Associates
430 East State Street, Suite 100
Eagle, ID 83616
Attn: Caleb Roope
APN(s): 922-053-021-2; 922-053-048-7;
922-053-047-6
SPACE ABOVE THIS LINE FOR RECORDFR'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(SHORT FORM)
This DEED OF TRUST, dated as of 201, among TEMECULA PACIFIC ASSOCIATES, a California limited partnership, herein called TRUSTOR, whose address is:
430 East State Street, Suite 100, Eagle, ID 83616
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation. herein called TRUSTEE, and
the CITY OF TEMECULA, a municipal corporation, herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in the City of Temecula, County of Riverside, State of California, described as:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing payment of the sum of $ with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof. A breach or default under the promissory note or a breach or default under the Affordability Restrictions and Regulatory Agreement between Beneficiary and Trustor ("Regulatory Agreement"), or under any obligation to which this deed of trust is subordinated, shall be deemed to constitute a default hereunder.
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1 10$6-U04112304251 v1doc
To protect the security of this Deed of Trust, and with respect to the property above described. Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in San Bernardino County in Book 3778, Page 347 in the Official Records of said County, shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said subdivisions A and B, (identical in all counties, and printed on pages 3 and 4 hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by law.
The undersigned Trustor, requests that a copy of any notice cif default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth.
TRUSTOR:
TEMECULA PACIFIC ASSOCIATES
By: TPC Holdings VII, LLC
an Idaho limited liability company
a general partner
Caleb Roope, Manager
D-2
1 1086-000112344251 v3.doc
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 tnithfulness, accuracy, or validity of that document.
State of California
County of
On , before me, ,
(insm name and title of the officer)
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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On , before me,
! roan name and title of'the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
D-3
11086-000 1 \23 0425 1 vldoc
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Temecula, County of Riverside. State of California, described as follows:
PARCELS I AND 2 OF PARCEL MAP 9839, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 61, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY, CALIFORNIA.
EXCEPT THEREFROM THAT PORTION OF PARCEL 1 CONVEYED TO THE RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A BODY POLITIC, BY DOCUMENT RECORDED JANUARY 14, 2015 AS INSTRUMENT NO. 2015- 0016730 OF OFFICIAL RECORDS
Assessor's Parcel Numbers: 922-053-021-2 & 922-053-048-7 THE NORTHWESTERLY 255 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THE NORTHWESTERLY ONE-HALF OF THAT TRACT OF LAND FORMERLY USED AS
RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N.R. VAIL, ET AL., BY DEED RECORDED .TUNE 11, 1940 IN BOOK 464, PAGE 505 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27 OF THE
TOWN OF TEMECULA, IN THE CITY OF TEMECULA, SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN BY SAID MAP. THENCE
NORTHWESTERLY IN A STRAIGHT LINE TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP;
THENCE NORTHEASTERLY ON A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 ON SAID MAP;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTHWESTERLY 595 FEET THEREOF.
ALSO EXCEPT THEREFROM THOSE PORTIONS INCLUDED IN RIVER AND PU.IOL STREETS AS SHOWN ON SAID MAP.
ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND CONDEMNED BY THE
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AS
SET FORTH AND DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 05, 2010 AS INSTRUMENT N0. 2010-0477535 OF OFFICIAL RECORDS.
Assessor's Parcel Number: 977-053-047-6
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EXHIBIT B
RIDER TO DEED OF TRUST
Exhibit B to Deed of Trust with Assignment of Rents dated as of , 201i, executed by TEMECULA PACIFIC ASSOCIATES, a California limited partnership, as "Trustor", to First American Title Insurance Company, a California corporation, as Trustee, for the benefit of the City of Temecula, a municipal corporation, as "Beneficiary" ("Deed of Trust").
DUE ON SALE OR ENCUMBRANCE. In the event of any Transfer (as defined below) of the Property, or any portion thereof or interest therein, Beneficiary shall have the absolute right at its option, without prior demand or notice, to declare all sums secured hereby immediately due and payable. As used herein, the tenn "Transfer" means and includes the direct or indirect sale, transfer, conveyance, mortgage, further encumbrance, assignment, or other alienation of the Property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise, the execution of any installment land sale contract, sales agreement or similar instrument affecting all or a portion of the Property, granting of an option to purchase any portion of or interest in the Property or any interest therein, or the lease of all or substantially all of the Property or of all or substantially all of the improvements situated on the Property. "Transfer" shall not include a Transfer permitted in the DDA so long as Trustor complies with the provisions of the Agreement relating to such activity and such transfers are permitted under the Regulatory Agreement. "Transfer" shall not include the leasing of individual dwelling units on the Property. Failure of Beneficiary to exercise the option to declare all sums secured hereby immediately due and payable upon a Transfer will not constitute waiver of the right to exercise this option in the event of any subsequent Transfer.
2. NOTICE AND CURE RIGHTS BY LIMITED PARTNERS. City hereby agrees that any cure of any default made or tendered by Developer's limited partners who shall have been identified in writing by Developer to City and shall be deemed to be a cure by Developer and shall be accepted or rejected on the same basis as if made or tendered by Developer; provided City shall have received written notice by Developer of the identity of, and address for notices for, such limited partners and a copy of the applicable limited partnership agreement and amendments.
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11096-ODO112304251 A. doe
CERTIFICATE OF ACCEPTANCE
(for Deed of Trust)
This is to certify that the fee interest in real property conveyed under the foregoing Deed of Trust by TEMECULA PACIFIC ASSOCIATES, a California limited partnership. is hereby accepted by the City Manager of the City of Temecula (the "City") on behalf of the City Council of the City pursuant to authority conferred by action of the City Council on . 2019, and the Grantee consents to recordation thereof by its duly authorized officer.
CITY OF TEMECULA,
a municipal corporation
al
City Manager
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1 1096-NO 1/2304251 v1dot
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
, before me,
(insert name and title of the officer)
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 persons), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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EXHIBIT "E"
SCHEDULE OF PERFORMANCE
This Schedule of Performance requires the submission of plans or other documents at specific times. Some of the submissions are not described in the text of the Agreement. Such plans or other documents, as submitted, must be complete and adequate for review by the City or other applicable governmental entity when submitted. Prior to the time set forth for each particular submission, the Developer shall consult with City staff informally as necessary concerning such submission in order to assure that such submission will be complete and in a proper form within the time for submission set forth herein.
Action
Date 1 Deadline
Items I — 10 Relate to Developer Actions and Requirements Prior to or through/at the Close of Escrow
1,
Opening of Escrow, The Parties shall
Within five (5) business days after the award of
open escrow with the Escrow Holder.
tax credits.
2. Preliminary Project Budget. The
Prior and as a condition to Close of Escrow,
Developer shall submit a preliminary
Project Budget for the Improvements.
3,
Final Plans and Specifications. The
Prior and as a condition to Close of Escrow.
Developer shall submit the Final Plans
and Specifications for City approval.
4. Building Permits. The Developer shall
Prior and as a condition to the Close of Escrow.
obtain the Building Permit for the
construction of the Improvements.
5. Construction Contract. The Developer
Prior and as a condition to the Close of Escrow.
shall submit the construction contract for
the construction of the Improvements to
the City for approval.
6. Performance and Payment Bonds. The
Prior and as a condition to the Close of Escrow.
Developer shall deliver to the City
copies of the required performance and
payment bonds.
7. Insurance. The Developer shall submit
Prior and as a condition to the Close of Escrow.
evidence of insurance to the Ci .
S.
Project Budget. The Developer shall
Prior and as a condition to the Close of Escrow.
submit the Project Budget to City
together with reasonable evidence that
all equity required will be available at
the Closing.
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Action
Date 1 Deadline
9. Tax Credit Applications/Award.
Developer must apply for 9% tax credits in the
second round for 2019 and both rounds for 2020
(until awarded) and must provide evidence
thereof to City, and form a limited partnership to
provide for investment of tax credit -based equity,
and deliver a copy of the partnership agreement
to City. Developer must be awarded tax credits
and must provide evidence thereof to City prior
(and as a condition) to Close of Escrow.
10. Tax Credit Equity. All tax credit equity
Prior and as a condition to Close of Escrow.
must have been invested in the
Developer entity and available for
Project Costs, as shown by reasonable
evidence delivered to City
Items 11 —15 Relate to the Conveyance of the Land and Developer Actions and Requirements After the Close of Escrow
11. Close of Escrow. The Developer shall
Within seven (7) months after award of tax
purchase the Land from the City and
credits, but not later than March 1, 2021.
shall concurrently close the Construction
Loan.
12. Commencement of Construction.
No later than 30 days after the Close of Escrow.
Developer shall substantially Commence
the Improvements.
13. Cam letion of Grading. Developer shall
Not later than six (6) months following the
substantially complete the grading for
commencement of construction.
the Project.
14. Commencement of Vertical
Not later than eight (8) months after the
Construction. Developer shall
commencement of construction.
commence vertical construction.
15. Completion; Qualification. for Certificate
No later than fourteen (14) calendar months after
of Completion. The Project shall be
the commencement of construction.
completed and shall qualify for a
Certificate ofCompletion.
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DRAFT
E\HIM'r "F"
SCOPE OF DEVELOPMENT
(Sixty (60) apartment rental homes, 3-story building(s) with elevator, 1,650 SF community room to include property management office, tot lot, space for service provider, space for Family gathering, games, etc., bathrooms for residents and management employees, washer/dryer per TCAC requirements, pool, plaza with BBQ, maintenance storage/working area for property management.
Seven (7) one -bedrooms and Thirty -Two (32) two -bedrooms and Twenty -One (21) three - bedrooms. One unit for the on -site manager.
At least 102 parking spaces.
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EXHIBIT "G"
FORM OF NOTICE OF AFFORDABILITY RESTRICTIONS
(Attached.)
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Temecula
41000 Main Street
Temecula, CA 92590
Attention: City Clerk
with a copy to:
APN(s): 922-053-021-2, 922-053-048-7, and
922-053-047-6
Exempt From Recording Fee Pursuant to Government Code § 27383
NOTICE OF AFFORDABILITY RESTRICTIONS
ON TRANSFER OF PROPERTY
Important notice to owners, purchasers, tenants, lenders, brokers, escrow and title companies, and other persons, regarding affordable housing restrictions on fire real property described in this Notice: Affordable housing restrictions have been recorded with respect to the property described below (referred to in this Notice as the "Site') which require that the Site be developed as an affordable rental housing development (the "Project") and that all of the units be rented to and occupied by persons and households of limited income at affordable rents.
Title of Document Containing Affordable Housing Restrictions: Affordability Restrictions and Regulatory Agreement (Low/Mod Set -Aside Funds) ("Agreement".).
Parties to Agreement: ("Developer") and the City of Temecula ("City").
The Agreement is recorded concurrently with this Notice, in the Official Records of Riverside County.
Legal Description of Site: See Exhibit "A" attached hereto and incorporated herein by this reference.
Site Location:
Assessor's Parcel Number of Site: 977-053-021-2, 922-053-048-7 and 922-053-047-6 Summary• of Agreement:
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1 1096-NO1 \2304251 vlduc
o The Agreement requires Developer to develop a sixty (60) unit (each, a "Unit") rental housing project on property being acquired by Developer from the City. o The Agreement restricts the rental of
10 Units ("Required Affordable Units"), which are required to be rented to and occupied by Extremely Low Income Households, Very Low Income Households and Low Income households, whose annual income generally cannot exceed 30%, 50% or 60% (respectively) of Area Median Income for the Riverside County area, adjusted for household size.
o The Agreement requires that a preference be provided for 12 Units to households with Special Needs, meaning households with at least one autistic child, to the extent not in violation with any state or federal law (including any fair housing or equal protection laws),
c Area Median Income limits (or "AMI") are all as established and as published periodically by the California Department Of Housing and Community Development.
o The Agreement restricts the rents that may be charged to households occupying Required Household Units to the following maximum rents ("Affordable Rent"):
• Affordable Rent for Extremely Low Income Households shall be 30% x 30% of AMI for a household size appropriate to the unit, including a reasonable utility allowance;
■ Affordable Rent for Very Low Income Households shall be 30% x 50% of AMI for a household size appropriate to the unit, including a reasonable utility allowance;
■ Affordable Rent for Low Income Households shall be 30% x 60% of AMI for a household size appropriate to the unit, including a reasonable utility allowance;
■ Household size appropriate to the unit shall be two persons for a one bedroom unit, three persons for a two bedroom unit, and 4 persons for a three bedroom unit.
• The term of the Agreement is fifty-five (55) years from the date of the City's issuance of a Final Certificate of Occupancy for the Project.
This Notice does not contain a full description of the details of all of the terms and conditions of the Agreement. You will need to obtain and read the Agreement to fully understand the restrictions and requirements which apply to the Site.
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1108 6-000112304251 v3.doc
This Notice is being recorded and filed in compliance with Health and Safety Code Section 33334.3(f)(3) and (4), and shall be indexed against Developer.
Date: , 201
By:
Print Name:
City Manager
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1109 6-0001 \2304251 v3.doc
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On , before me,
(insert name and title of the ❑Frtcer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature.
(Seal)
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10:4111.11 W:1
LEGAL DESCRIPTION OF PROPERTY
Real property in the City of Temecula, County of Riverside, State of California, described as follows:
PARCELS I AND 2 OF PARCEL MAP 9839, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 61, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY, CALIFORNIA.
EXCEPT THEREFROM THAT PORTION OF PARCEL I CONVEYED TO THE RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A BODY POLITIC. BY DOCUMENT RECORDED JANUARY 14, 2015 AS INSTRUMENT NO. 2015- 0016730 OF OFFICIAL RECORDS
Assessor's Parcel Numbers: 922-053-021-2 & 922-053-048-7 THE NORTHWESTERLY 255 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THE NORTHWESTERLY ONE-HALF OF THAT TRACT OF LAND FORMERLY USED AS
RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N.R. VAIL, ET AL., BY DEED RECORDED JUKE 11, 1940 IN BOOK 464, PAGE 505 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27 OF THE
TOWN OF TEMECULA, IN THE CITY OF TEMECULA, SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA-,
THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN BY SAID MAP; THENCE
NORTHWESTERLY IN A STRAIGHT LINE TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP;
THENCE NORTHEASTERLY ON A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 ON SAID MAP;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTHWESTERLY 595 FEET THEREOF.
ALSO EXCEPT THEREFROM THOSE PORTIONS INCLUDED IN RIVER AND PUJOL STREETS AS SHOWN ON SAID MAP.
ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND CONDEMNED BY THE
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AS G-6
1 I OS6-0001 Q304251 U3_ m
SET FORTH AND DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 05, 2010 AS INSTRUMENT NO. 2010-0477535 OF OFFICIAL RECORDS.
Assessor's Parcel Number: 922-053-047-6
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EXHIBIT "H"
FORMS OF AFFORDABILITY RESTRICTIONS AND REGULATORY AGREEMENTS fQ
RECORDING REQUESTED BY, AND
WHEN RECORDED RETURN TO:
City of Temecula
41000 Main Street
Temecula, CA 92590
Attention: City Clerk
with a copy to:
Temecula Pacify Associates
430 East State Street, Suite 100
Eagle, ID 83616
Attn: Caleb Roope
APN(s): 922-053-021-2, 922-053-048-7 and
922-053-047-6
(Space above for Recorder's Use.)
This document is exempt from the payment of a recording fee pursuant to Govemment Code Section 6103.
1 FFO11DABILITY RESTRICTIONS AND REGULATORY AGREEMENT
(Low -Mod Set Aside Funds)
These AFFORDABILITY RESTRICTIONS AND REGULATORY AGREEMENT ("Regulatory Agreement") is hereby entered, effective as of , 20_, by and among the CITY OF TEMECULA, a municipal corporation ("City"), and TEMECULA PACIFIC ASSOCIATES, a California limited partnership ("Developer") (City and Developer are sometimes collectively referred to herein as the "Parties.").
RECITALS
WHEREAS, City and Developer have entered into that certain unrecorded Disposition and Development Agreement dated as of , 2019 (the "DDA") for the improvement and development of certain real property described in Exhibit "A" (to which this Regulatory Agreement is attached) as the "Site", which DDA provides for the recordation of this Regulatory Agreement. The DDA is incorporated herein by this reference, and any capitalized term not defined herein shall have the meaning established therefor in the DDA.
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11086-OW1\2304251vIdoc
WHEREAS, the former Temecula Redevelopment Agency acquired the Site using its lowltnod income housing set aside funds, and upon dissolution of the Temecula Redevelopment Agency, the Site was conveyed by operation of law to the City as successor to the housing assets of the former Temecula Redevelopment Agency.
WHEREAS, it is contemplated under the DDA that, as of the recordation of this Regulatory Agreement, Developer has acquired or shall concurrent with the recording hereof acquire fee title from the City to the "Site". The form of the grant deed under which Developer shall take title under the DDA is referenced to as the "City Grant Deed." WHEREAS, the DDA sets forth certain restrictive covenants applicable to the Site, particularly the use of the Site for the provision of ten (10) Units available to Extremely Low Income Households, Very Low Income Households, and Low Income Households at Affordable Rents as those terms are defined therein, and for a preference that 12 Units being rented to households with Special Needs (as defined below) to the extent allowed by applicable law, and an unrestricted manager's unit.
WHEREAS, City and Developer wish to adopt this Regulatory Agreement to further govern the use of the Site in conjunction and along with the DDA and to ensure that the City complies with applicable law.
NOW, THEREFORE, City and Developer (as owner of real property interests described hereinabove), declare that the Site shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the covenants, conditions and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property. Each and all of the restrictions, limitations, conditions, covenants, liens, reservations and charges herein contained shall run with the land and be recorded on the property title and shall be binding on Parties, their grantees, successors, heirs, executors, administrators, devisees or assigns, and all subsequent owners of all or any part of the Site, during the term of this Regulatory Agreement.
ARTICLE I
DEFINITIONS
The definitions provided herein shall be applicable to this Regulatory Agreement and also to any amendment or supplement (unless the context implicitly or explicitly shall prohibit), recorded against the Site pursuant to the provision of this Regulatory Agreement.
Section 1. "Affiliated Person" means, when used in reference to a specific person, any person that directly or indirectly controls or is controlled by or under common control with the specified person, any person that is an officer or director of, a trustee of, or a general partner, managing member or operator in, the specified person or of which the specified person is an officer, director, trustee, general partner or managing member,.
Section 2. "Affordable Housing Development" means an affordable housing project operated in conformity with this Regulatory Agreement throughout the Required Covenant Period.
Section 3. "Affordable Rent", per month, means, for an Extremely Low Income Household, a monthly rent (including a reasonable utility allowance) that does not exceed thirty percent (30%) of thirty percent (30%) of Median Income for a household size approximate to the H-2
l I086 W 1 \2304251 v1doc
Unit; for a Very Low Income Household, a monthly rent (including a reasonable utility allowance) which does not exceed one -twelfth (1112th) of thirty percent (30%) of fifty percent (50%) of Median Income for a household size appropriate to the Unit; and for a Low Income Household, a monthly rent (including reasonable utility allowance) which does not exceed one - twelfth (1112th) of thirty percent (30%) of sixty percent (60%) of Median Income for a household size of appropriate to the Unit.
Section 4. "Approved Housing Development" means all improvements as provided to be developed by Developer under the DDA. The Approved Housing Development must be completed in strict conformity with all specifications contained in or referred to in the DDA.
Section 5. "Area" means the San Bernardino -Riverside Primary Metropolitan Statistical Area, as periodically defined by HUD.
Section G. "Certificate" or "Certification" is defined in Section 3(a).
Section 7. "City", as defined in the first paragraph hereof, means the City of Yucaipa, a municipal corporation.
Section 8. "City Code" means and refers to the City of Temecula Municipal Code, as revised from time to time.
Section 9. "City Grant Deed" means a grant deed in the form attached to the DDA.
Section 10. "Common Areas" means all areas on the Site that are open or accessible to all tenants of the Site (such as grounds, but excluding interiors of Units).
Section 11. "Extremely Low Income Household" means a household earning not greater than the extremely low income limit for Riverside County, adjusted for household size, pursuant to Health and Safety Code Section 50106.
Section 12. "Household size appropriate to the unit" shall be two persons for a one bedroom unit, three persons for a two bedroom unit, and four persons for a three bedroom unit.
Section 13. Gross Income" means all payments from all sources received by a person (together with the gross income of all persons of the age of 18 years or older who intend to reside with such person in one residential unit) whether in cash or in kind as calculated pursuant to the Department of Housing and Urban Development ("HUD") Regulations (24 C.F.R. § 813) and 25 California Code of Regulations Section 6914.
Section 14. "Low Income Household" or "Lower Income Household" means a household earning not greater than the lower income household limit for Riverside County described in Health and Safety Code Section 50079.5 that is not a Very Low Income Household or Extremely Low Income Household.
Section 15_ "Low Income Unit" or "Lower Income Unit" means a Unit occupied at Affordable Rent by a Low Income Household.
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11086-OWIV-304251 3-duc
Section 16. "Mau of the Site" means Exhibit B hereto.
Section 17. "Median Income" or "Median Income for the Area" means the median income for the Sites most recently determined by the Secretary of Housing and Urban Development under Section 8 of the United States Housing Act of 1937, as amended, or, if programs under Section 8 are tenninated, Median Income for the Area determined under the method used by the Secretary prior to such termination. Such Median Income is published at 25 California Code of Regulations Section 6932, as modified from time to time.
Section 18. "Prescribed Income Levels" means the following:
Type Income of Household Number of Units
as Percentage of AMI
1 BRI I BA 30% 3
1 BRA BA 50% 1
1 BRII BA 60% 2
2BRI1 BA 40% 3
3BR12BA 40% 1
Section I9. '`Regulatory Agrcemcnt" means this Regulatory Agreement and any amendments, modifications or supplements.
Section 20. "Rental Development' means the sixty (60) Unit residential rental development on the Site.
Section 21. "Required Affordable Unit" means any of the ten (10) of the dwelling units in the Rental Development, as constructed under the DDA, and available to, occupied by, or held vacant for occupancy only by tenants qualifying as Extemely Low Income Households, Very Low Income Households and Low Income Households and rented at Affordable Rent. (One dwelling unit is a manager's unit.)
Section 22. "Required Covenant Period" means the period commencing on the date all Required Affordable Units have been completed as evidenced by the City's issuance of a Final Certificate of Occupancy for the Rental Development, and ending as of the fifty-fifth (55th) anniversary thereof.
Section 23. "Site" means all of the real property and appurtenances as described in the Recitals above, including all structures and other improvements thereon, and those hereafter constructed.
Section 24. "Special Needs" means a household with one or more autistic children.
Section 25. "Unit" means a dwelling unit on the Rental Development.
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Section 26. "Very Low Income Households" means households earning not greater than the very low income limit for Riverside County, adjusted for household size, pursuant to Health and Safety Code Section 50105,
Section 27. "Very Low Income Unit" means a Unit occupied at Affordable Rent by a Very Low Income Household.
Section 28. "Very Low Income Required Units" means the Required Affordable Units which are required to be rented to Very Low Income Households at Affordable Rent for Very Low Income Households.
Section 29. "Year" means a calendar year, excepting that the last Year hereunder shall be deemed to end as of the expiration of this Regulatory Agreement.
ARTICLE II
LAND USE RESTRICTIONS; IMPROVEMENTS
Section 1. Uses. Developer shall develop the Approved Housing Development on the Site in conformity with the DDA. Thereafter, the Site shall be operated as an Affordable Housing Development and devoted only to the uses specified in the DDA and the City Grant Deed for the periods of time specified herein. All uses conducted on the Site, including, without limitation, all activities undertaken by Developer pursuant to the DDA, shall conform to all applicable provisions of the City Code and the City Approvals.
The Site shall be used, maintained and operated in accordance with the DDA, the City Grant Deed, and this Regulatory Agreement for the Required Covenant Period. None of the units in the Rental Development shall at any time be utilized on a transient basis nor shall the Rental Development or any portion thereof ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium, rest home or trailer court or park. No part of the Site, from the date Developer acquired the Site, has been or will at any time be owned or used as a cooperative housing corporation or a community apartment project or a stock cooperative.
Section 2. Affordable Housing.
Special Needs. Throughout the Required Covenant Period, to the extent not in violation with any state or federal law (including any fair housing or equal protection laws), Developer shall use commercially reasonable efforts to provide a preference for 12 of the Units to be rented to households with Special Needs ("Special Needs Units'} on the following basis; a. The Special Needs Units shall be interspersed throughout the Project, and may be comprised of Required Affordable Units at Developer's discretion. b. Developer shall engage a nonprofit social service organization ("Social Service Entity") reasonably acceptable to and approved by the City to identify, qualify and maintain a waitlist of households with Special Needs who desire to reside in the Project. The Developer shall also submit additional information about the background, experience, and financial condition of anyproposed Social Service Entity as is reasonably necessary for the City to determine whether the proposed Social Service Entity is qualified. If the City approved the proposed Social Service Entity, the City shall notify the Developer in writing.
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c. Developer shall, or shall direct the Social Service Entity to, contact households on the waitlist for intial occupancy of the Special Needs Units and thereafter as any such units become vacant. In addition, such households shall be required to statisfy all of the standard requirements and criteria of Developer or its property manager to qualify tenants, including the income restrictions set forth herein.
d. To the extent that there are insufficient qualified households on the waitlist at any time when there are less than 12 units occupied by Special Needs households, Developer shall, or shall direct the Social Service Entity to, identify additional qualified Special Needs households for the Unit; provided however that if such households are not identified despite Developer's reasonable efforts, or if the available Unit is not appropriate for the size or other particular requirements of the Special Needs household , then such Unit may instead be rented to any qualified household, and the next vacant Unit shall instead become available for a Special Needs household under the provisions set forth hereinabove. e. Upon written request by the City, but no more frequently than bi-annually unless the City has reason to believe that Developer is in default hereunder, Developer shall provide a written certification to the City evidencing compliance with the aforementioned provisions, including a copy of the then current waitlist. In addition, City shall have the right to contact the Social Service Entity at any time, and from time to time, to verify compliance.
Affordability Restrictions. Throughout the Required Covenant Period, the Developer shall cause the Required Affordable Units to be rented in accordance with the definition of "Prescribed Income Levels" in Section 18 at Affordable Rents.
Except to the extent prohibited by federal law, in the event a household's income initially complies with the corresponding income restriction but the income of such household increases, such increase shall not be deemed to result in a violation of the restrictions of this Regulatory Agreement concerning limitations upon income of occupants, provided that the occupancy by such household is for a reasonable time of not to exceed three hundred sixty-five (365) days (measured from the time the income of the household ceases to qualify at the designated affordability level). Developer shall include in its rental agreements provisions which implement this requirement and limitation, and Developer shall expressly inform prospective renters as to this limitation prior to the commencement of a tenancy.
Duration f'Aj16rdubilitip Requirements. The restrictions shall apply throughout the Required Covenant Period. All tenants residing in any Required Affordable Unit for which rents are limited by virtue of this Regulatory Agreement or pursuant to other regulation during the last two (2) Years of the Required Covenant Period shall be given notice by Developer at least once every six (6) months prior to the expiration date of this requirement, that the rent payable on such Required Affordable Unit may be raised to a market rate rent at the end of the Required Covenant Period.
Selection of Tenants. Developer shall demonstrate to City that the proposed tenants of the Required Affordable Unit of the Extremely Low Income Units constitute Extremely Low Income Households; that the proposed tenants of Very Low Income Required Units constitute Very Low Income Households; and that the proposed tenants of the Low Income Required Units constitute Low Income Households.
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Prior to the rental or lease of a Required Affordable Unit to a tenant, and as set forth in this Section 2 of Article II of this Regulatory Agreement, Developer shall require the tenant to execute a written lease and to complete an Income Verification certifying that the tenant(s) occupying the Unit is/are in the appropriate income category. Developer shall verify the income of the tenants).
Developer shall accept as tenants on the same basis as all other prospective tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successor.
Developer shall not apply selection criteria to Section 8 certificate holders which are more burdensome than criteria applied to any other prospective tenants.
Determination of Alf
fordable Rent for the Required Affordable or dable Units. The Required Affordable Units shall be rented or leased at Affordable Rent. The maximum monthly rental for the Required Affordable Units shall be adjusted annually as permitted by Section 50053 of the California Health and Safety Code based on the annual adjustment to the Median Income for the Area established pursuant to Section 50093 of the California Health and Safety Code, as more particularly set forth in the Affordable Rent Worksheet.
DEVELOPER UNDERSTANDS AND KNOWINGLY AGREES THAT THE
MAXIMUM RENTAL FOR THE REQUIRED AFFORDABLE UNITS ESTABLISHED BY THE ❑DA, THIS REGULATORY AGREEMENT AND THE CITY GRANT DEED IS
SUBSTANTIALLY BELOW THE FAIR MARKET RENT FOR THE REQUIRED AFFORDABLE UNITS.
Section 3. Developer Verification and Program Compliance.
Income and Age Verification and Certification. Developer will obtain and maintain on file an Income and Age Verification from each tenant (for every Unit on the Site), dated immediately prior to the initial occupancy of such tenant in the Required Affordable Unit.
On June 15 following the completion of the Development, Developer shall file with Authority or its designee a Certificate, containing all information required pursuant to Health and Safety Code Section 33418. Each Certificate shall cover the immediately preceding Year.
Developer shall maintain on file throughout the Required Covenant Period each tenant's executed lease and Income and Age Verification and rental records for the Required Affordable Units. Developer shall maintain complete and accurate records pertaining to the Required Affordable Units, and will permit any duly authorized representative of City to inspect the books and records of Developer pertaining to the occupancy of the Required Affordable Units. Developer shall prepare and submit to City annually commencing the June 15 first following the recording of the City Grant Deed and continuing throughout the Required Covenant Period, a Certificate of Continuing Program Compliance. Such documentation shall state for each Unit, the Unit size, the rental amount, the number of occupants, and the income of the occupants and any other information which may be used to determined compliance with the terms of this Regulatory Agreement.
In addition, as part of its annual report, at City's request, but not less frequently than prior to each initial and subsequent rental of each Required Affordable Unit to a new tenant household (but not lease renewals) and annually thereafter, Developer shall also provide to City H-7
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completed income computation, asset evaluation, and certification forms, for any such tenant or tenants, in substantially the form provided by City from time to time. Developer shall obtain an annual certification from each household of each Required Affordable Unit demonstrating that such household is an Extremely Low Income Household, or Low Income Household, as applicable. Developer shall verify the income certification of each tenant household. Developer shall submit to City copies of any and all tenant income and occupancy certifications upon request of City. City may request (and Developer shall provide) additional documentation to assist City's evaluation of Developer's compliance with this Agreement, if determined to be necessary in the reasonable discretion of the Executive Director, specifically including (without limitation) any documentation or additional certifications that may be necessary to verify compliance with all requirements from all funding sources, and each tenant's status as to each Required Affordable Unit. This requirement is in addition to and does not replace or supersede Developer's obligation to annually submit the Certificate of Continuing Program Compliance to City. Further, City has the right, but not the obligation to monitor compliance with respect to each tenant household at the Rental Development, and City's election to monitor some, but not all, of the Units shall not constitute a waiver of City's right to monitor and enforce compliance with respect to all Units in the future.
Verification of Income of New and Continuing Tenants, Gross income calculations for prospective (and continuing) tenants shall be determined in accordance with 25 Cal. Code Regs. Section 6914. Developer shall verify the income and information provided in the income certification of the proposed tenant as set forth below. (a) Developer shall verify the income of each proposed tenant of the Required Affordable Units and by at least one of the following methods as appropriate to the proposed tenant:
(i) obtain two (2) paycheck stubs from the person's two (2) most recent pay periods;
(ii) obtain a true copy of an income tax return from the person for the most recent tax year in which a return was filed; (iii) obtain an income verification certification from the employer of the person:
(iv) obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the person receives assistance from such agencies; or
(v) obtain an alternate form of income verification reasonably requested by Authority, if none of the above forms of verification is available to Developer.
Verification Regarding Eligibility of New Tenants. Developer shall retain documentation regarding the eligibility of each new tenant household.
Reporting Amounts. In the event Developer fails to submit to City or its designee the Certification as required by Section 3(a), Developer shall be in noncompliance with this Regulatory Agreement.
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Section 4. Management of the Rental Development.
Manager. The Rental Development shall at all times be managed by an experienced manager (the "Manager") reasonably acceptable to the City, with demonstrated ability to operate residential developments like the Rental Development in a manner that will provide decent, safe, and sanitary housing. The Developer shall submit for the City's approval the identity of any proposed Manager. The Developer shall also submit such additional information about the background, experience and financial condition of any proposed Manager as is reasonably necessary for the City to determine whether the proposed Manager meets the standard for a qualified Manager set forth above. If the proposed Manager meets the standard for a qualified Manager set forth above, the City shall approve the proposed Manager by notifying Developer in writing.
Perfnrma►zce Review. The Developer shall cooperate with the City in an annual review of management practices, in connection with which the City shall have the right to review and approve the annual operations and management budget; provided, however, that the City reserves the right to conduct reviews more frequently at its sole discretion. The purpose of each annual review will be to enable the City to detennine if the Improvements are being operated and managed in accordance with the requirements and standards of this Agreement.
Replacement of Manager.
(i) If, as a result of the annual review, the City determines in its reasonable judgment that the Improvements are not being operated and managed in accordance with any of the requirements and standards of this Agreement, the City shall deliver notice to the Developer of its intention to cause replacement of the Manager. Within fifteen ( 15) days of receipt by the Developer of such written notice, the City and the Developer shall meet in good faith to consider methods for improving the financial and operating status of the Rental Development, including, without limitation, replacement of the Manager.
(ii) If, after such meeting, the City elects to proceed with the replacement of the Manager, the City shall so notify the Developer in writing within fifteen (15) days following the meeting. Thereupon, the Developer shall promptly dismiss the then Manager, and shall appoint as the Manager a person or entity meeting the standards for a Manager set forth in this section and approved by the City in its reasonable discretion. City shall have the right to disapprove the replacement Manager within thirty (30) days, and in such case Developer shall promptly dismiss the replacement Manager and appoint another replacement Manager meeting the standards for a Manager set forth in this section and approved by the City in its reasonable discretion. Notwithstanding the foregoing, the City's approval rights shall be subject and subordinate to the rights of senior lender under the senior deed of trust. (iii) Any contract for the operation or management of the Property entered into by the Developer shall provide that the contract can be terminated as set forth above.
The Developer agrees that the Rental Development shall be preserved and maintained throughout the term hereof in good condition and repair so as to provide decent, safe, and sanitary housing, and in conformance with all applicable ordinances, statutes and regulations promulgated by any governmental entity having jurisdiction over the Rental Development.
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Annual Inspection. Subject to the rights of the occupants of the Units, City shall have the right to perform an annual on -site inspection of the units, common areas and grounds and to perform an annual tenant file review to ensure that Developer is managing the Rental Development in accordance with the requirements of this Agreement.
Annual Budget. Developer shall submit or shall cause its Property Manager to submit to the City Manager on or before the completion of the Rental Development, and each anniversary thereof, an annual budget for the ongoing operation of the Rental Development for approval by City, which will not be unreasonably withheld. At the City's request, delivered within thirty (30) days after receipt of the budget, each of Developer and the City shall cause its respective representative(s) to meet within thirty (30) days following the receipt of request to review the budget. Such review is without obligation to either party to propose or agree to any modification of permitted operating expenses.
Management of Propery . Developer shall be completely responsible for the management, administration and operation of the Rental Development including, but not limited to the hiring and discharge of employees, salaries and all other related Rental Development expenses, maintenance and repairs, including capital expenditures, the financial operations of the Rental Development, the rental and re -rental of the apartment units in accordance with the occupancy requirements set forth in this Agreement and all operational, maintenance and management responsibilities of an Developer in a typical multi -family residential housing Rental Development.
Reserves. The Developer will maintain replacement reserves in accordance with the DDA and will not withdraw funds frorn such reserves without the consent of the City, which will not be unreasonably withheld, subject and subordinate to the rights of the senior mortgage lender.
Manager's Failure to Perform. In the event the manager appointed by Developer for management of the Rental Development fails to perform the obligations imposed upon Developer by this Section, such failure shall constitute a default under Section 10 hereof, and if Developer shall fail to cure such default as provided in Section 10 hereof, then City shall have the right, in addition to any other remedies of City, to require Developer, upon thirty (30) days' prior written notice, to appoint a substitute management City, reasonably acceptable to both City and Developer, subject and subordinate to the rights of the senior mortgage lender.
Gross Mismanagement. During the Required Covenant Period, in the event of "Gross Mismanagement" (as defined below) of the Development, any acts of Gross Mismanagement shall cease immediately upon written notice from the City Manager, and any omissions constituting Gross Mismanagement shall be corrected within thirty (30) days after written notice from the City Manager. If such an act or omission is not timely ceased/cured, then, Developer shall within sixty (60) days replace the Property Manager with a new property manager reasonably acceptable to the City Manager, subject to the rights of the senior mortgage lender.
For purposes of this Agreement, the term "Gross Mismanagement" means management of the Development in a manner which materially violates the terms and/or intention of this Agreement to operate a first quality affordable housing complex, and shall include, but is not limited to, any one or more of the following:
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(a) Leasing to tenants who exceed the prescribed income levels; (b) Subject to fair housing laws, allowing tenants to exceed the prescribed occupancy levels without taking immediate action to stop such overcrowding; (c) Under -funding required reserve accounts:
(d) Failing to submit timely and/or adequate annual reports to Authority as required herein;
(e) Failing to comply with this Regulatory Agreement,
(0 Fraud or embezzlement of Development funds, including without limitation funds in the reserve accounts;
(g) Failing to fully cooperate with the Temecula Police Department or other local law enforcement agency(ies) with jurisdiction over the Development, in maintaining a enine-free environment within the Development;
(h) Failing to fully cooperate with the Temecula Fire Department or other local public safety agency(ies) with jurisdiction over the Development, in maintaining a safe and accessible environment within the Development; and (i) Failing to fully cooperate with the Temecula Planning and Building and Safety Department, or other local health and safety enforcement agency(ies) with jurisdiction over the Development, in maintaining a decent, safe and sanitary environment within the Development.
Developer is obligated and shall use commercially reasonable efforts to correct any defects in property management or operations at the earliest feasible time.
Code Enforcement. Developer acknowledges and agrees that City and its employees and authorized agents, shall have the right to conduct code compliance and/or code enforcement inspections of the Development and the individual dwelling units at the Development (and not limited to the Required Affordable Units), both exterior and interior, at reasonable times and upon reasonable notice (not less than 48 hours prior notice, except in an emergency) to Developer and/or an individual tenant. If such notice is provided by Authority representative(s) to Developer, then Developer shall immediately and directly advise any affected tenant of such upcoming inspection and cause access to the area(s) and/or Units at the Rental Development to be made available and open for inspection. Developer shall include express advisement of such inspection rights within the lease/rental agreements for each Unit in the Development in order for each and every tenant and tenant household to be aware of this inspection right. The foregoing portion of this Section 5 is without limitation as to the exercise of police powers by City.
Section 6. Keeping of Animals. No animals of any kind shall be raised, bred or kept on the Site, except that domesticated dogs, cats or other household pets may be kept by the tenants in the Rental Development at the discretion of Developer and subject to compliance with all laws.
However, no animal shall be kept, bred or maintained for any commercial purpose or for fighting purposes. Nothing permitted herein shall derogate in any way the right of Developer to further restrict keeping of pets.
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Section 7. Parking of Vehicles. Developer shall not permit the parking, storing or keeping of any vehicle except wholly within the parking areas designated for the Required Affordable Units. Developer shall not permit the parking, storing or keeping of any large commercial type vehicle (dump truck, cement mixer truck, oil or gas truck, etc.), or any recreational vehicle over twenty (20) feet in length (camper unit, motor home, trailer, mobile home or other similar vehicle), boats over twenty (20) feet in length, or any vehicle other than a private passenger vehicle, upon any portion of the Common Areas, including parking spaces. For purposes of this section, a pickup truck with a pickup bed mounted camper shall be considered a private passenger vehicle; provided however, that no such vehicle shall be used for residential purposes while parked on the premises.
Developer shall not permit major repairs or major restorations of any motor vehicle, boat, trailer, aircraft or other vehicle to be conducted upon any portion of the Common Area, including the parking areas, except for emergency repairs thereto and then only to the extent necessary to enable movement of the vehicle to a proper repair facility. No inoperable vehicle shall be stored or kept in the Common Area. Developer shall give the vehicle owner not less than four (4) days, nor more than seven (7) days' notice and an opportunity to remove any vehicle parked, stored or kept in violation of the provisions of this Regulatory Agreement. Notice shall consist minimally of a reasonably diligent attempt to personally notify the vehicle owner or alternatively leaving written notice on the subject vehicle. After due notice and opportunity have been given to the vehicle owner, Developer shall have the right to remove, at the vehicle owner's expense, any vehicle parked, stored or kept in violation of the provisions of this Regulatory Agreement.
Section 8. Maximum Occupancies. No persons shall be permitted to occupy any Apartment within the Rental Development in excess of applicable limit of maximum occupancy set by the City Code and the laws of the State of California.
Section 9. Signs Required. "No loitering" signs will be posted at each building and enforced by Developer. "Illegally parked vehicles will be towed" signs in compliance with California Vehicle Code requirements will be posted and enforced by Developer.
Section 10. Fences and Electronic Installations. Developer shall not install or knowingly permit to be installed on the exterior of any improvement or building on any fences or any antenna or other television or radio receiving device, excepting satellite dishes having a diameter of eighteen inches (18") or less, without prior written consent of City. This prohibition shall not prohibit the installation of cable television or subscription wires or receiving devices.
Section 1 1. Structural Chancre. Nothing shall be done on the Site in, on or to any building which would materially structurally change the exterior or the interior bearing walls of any such building or structure without the prior written consent of the City and any such changes shall be in compliance with all applicable laws including any required permits and ordinances of the City.
Nothing herein shall affect the rights of Developer to repair, alter or construct improvements on the buildings on the Site unless such repair, alteration or improvement would impair the structural integrity and/or exterior appearance of said buildings. Nothing herein shall be deemed to prohibit work ordered to be performed by the City building official.
Section 12. Compliance with Laws. Developer shall comply with all applicable laws in connection with the development and use of the Site, including without limitation the Fair Housing Act (42 U.S.C. § 3601, et seq., and 24 C.F.R. § 100.300, et seq.). Developer is a sophisticated party, with substantial experience in the acquisition, development, financing, MIN
11086-0001 \23042510.doc
obtaining financing for, marketing, and operation of affordable housing projects, and with the negotiation, review, and preparation of agreements and other documents in connection with such activities. Developer is familiar with and has reviewed all laws and regulations pertaining to the acquisition, development and operation of the Rental Development and has obtained advice from any advisers of its own choosing in connection with this Agreement.
ARTICLE III
DUTIES OF DEVELOPER: SPECIFIC MAINTENANCE RESPONSIBILITIES Section 1. Exterior Building Maintenance. All exterior, painted surfaces shall be maintained at all times in a clean and presentable manner, free from chipping, cracking and defacing marks.
Any such defacing marks shall be cleaned or removed within a reasonable period of time as set forth herein.
Section 2. Front and Side Exteriors. Developer shall at all times maintain the front exterior and yard in a clean, safe and presentable manner, free from defacing marks or any disrepair and any visible side exteriors. Developer shall hire maintenance personnel to maintain and/or repair any front exterior or yard or visible side yard and exterior of any lot or building.
Section 3. Graffiti Removal. All graffiti, and defacement of any type, including marks, words and pictures must be removed and any necessary painting or repair completed by the later to occur of (i) seventy-two (72) hours of their creation or (ii) seventy-two (72) hours after notice to Developer.
Section 4. Driveways. All driveways must be paved and maintained with impervious material in accordance with the City Code. In addition, all water must be made to drain freely to the public part of the waterway without any pooling.
Section 5. Exterior Illumination. Developer shall at all times maintain adequate lighting in all entrance ways and parking areas. Adequate lighting means outdoor, night lighting designed and installed, which provides no less than one (1.0) foot candles in the parking areas and no less than one and one-half (I -1 /2) foot candles in the walking areas or common areas and no less than
0.2 foot candles at the point of least illumination.
Section 6. Front Setbacks. All front setback areas that are not buildings, driveways or walkways shall be adequately and appropriately landscaped in accordance with minimum standards established by City and shall be maintained by Developer. The landscaping shall meet minimum standards set from time to time by City.
Section 7. Trash Bins. Ali trash shall be collected and placed at all times in an enclosable bin to be placed in a designated refuse/trash bin area. The designated area shall be located so that the bin will, to the extent possible, be readily accessible from the street.
Section 8. Prohibited Signs. No sign of any kind shall be displayed to the public view on or from any portion of the Site without the approval of City and appropriate City departments, if any such approval is required by the City Code.
ARTICLE IV
OBLIGATION TO MAINTAIN, REPAIR AND REBUILD
Section 1. Maintenance. If, at any time, Developer fails to maintain the Rental Development or any portion thereof, and said condition is not corrected after the expiration of forty-five (45) H-13
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days from the date of written notice from City to both Developer and its limited partner., City may perform the necessary maintenance and Developer shall pay such costs as are reasonably incurred for such maintenance. Payment shall be due within fifteen (15) days of receipt of an invoice from City.
City hereby agrees that any cure of any default made or tendered by Developer's limited partners who shall have been identified in writing by Developer to City and shall be deemed to be a cure by Developer and shall be accepted or rejected on the same basis as if made or tendered by Developer; provided City shall have received written notice by Developer of the identity of, and address for notices for, such limited partners and a copy of the applicable limited partnership agreement and amendments showing they are limited partners.
Developer agrees to assume full responsibility for the operation and maintenance of the Rental Development throughout the Required Covenant Period without expense to City, and to perform all repairs and replacements necessary to maintain and preserve the Rental Development and the Site in good repair, in a neat, clean, safe and orderly condition reasonably satisfactory to City and in compliance with all applicable laws. Developer agrees that City shall not be required to perform any maintenance, repairs or services or to assume any expense in connection with the Rental Development and the Site. Developer hereby waives all rights to make repairs or to cause any work to be performed at the expense of City as provided for in Section 1941 and 1942 of the California Civil Code.
The following standards shall be compiled with by Developer and its maintenance staff, contractors or subcontractors:
(1) Developer shall maintain the Rental Development, including individual Required Affordable Units, all common areas, all interior and exterior facades, and all exterior project site areas, in a safe and sanitary fashion suitable for a high quality, rental housing project.
Developer agrees to provide utility services, administrative services, supplies, contract services, maintenance, maintenance reserves, and management for the entire project including interior tenant spaces, common area spaces and exterior common areas. The services provided by Developer shall include, but not be limited to, providing all common area electricity, gas, water, property, Fire and Iiability insurance in the amounts set forth in this Regulatory Agreement, all property taxes and personal property taxes, any and all assessments, maintenance and replacement of all exterior landscaping, and all administration and overhead required for any property manager.
(2) Landscape maintenance shall include, but not be limited to:
watering/irrigation, fertilization; mowing, edging, and trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and optimum irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees.
(3) Clean-up maintenance shall include, but not be limited to: maintenance of all private paths, parking areas. driveways and other paved areas in clean and weed -free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of H-14
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the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. (4) The Rental Development shall be maintained in conformance and in compliance with the approved construction and architectural plans and design scheme, as the same may be amended from time to time with the approval of City. (5) All maintenance work shall conform to all applicable federal and state Occupational Safety and Health Act standards and regulations for the performance of maintenance.
(6) Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied only by persons in strict accordance with all governing regulations,
(7) Parking lots, lighting fixtures, trash enclosures, and all areas shall be kept free from any accumulation of debris or waste materials by regularly scheduled maintenance.
Section 2. Dama a and Destruction Affecting Development - Developer's Duty to Rebuild.
If all or any portion of the Site and the improvements thereon is damaged or destroyed by fire or other casualty, Developer shall promptly proceed to obtain insurance proceeds and subject to the terms of the senior loan secured by the Site and improvements, take all steps necessary to begin reconstruction and, immediately upon receipt of insurance proceeds, to promptly and diligently commence the repair or replacement of the Rental Development to substantially the same condition as the Rental Development is required to be constructed pursuant to the DDA, subject to the sufficiency of the insurance proceeds to cover the actual cost of repair, replacement, or restoration, and Developer shall complete the same as soon as possible thereafter so that the Rental Development can be occupied as an affordable housing project in accordance with the DDA. In no event shall the repair, replacement, or restoration period exceed eighteen (18) months from the date Developer obtains insurance proceeds unless the City Manager, in his or her reasonable discretion, approves a longer period of time, subject to the terms of the senior loan secured by the Site and improvements. If the then -existing laws of any other governmental agencies with jurisdiction over the Site do not permit the repair, replacement, or restoration, Developer may elect not to repair, replace, or restore the Rental Development by giving notice to City (in which event the insurance proceeds shall be treated as Residual Receipts and shall be distributed to the Parties in accordance with the terms of the City Loan Promissory Note entered pursuant to the DDA, and Developer shall be required to remove all debris from the Site) or Developer may reconstruct such other Rental Development on the Site as is consistent with applicable land use regulations and approved by City, and any other governmental agency or agencies with jurisdiction, and City may pursue remedies of its choosing under this Agreement, including without limitation termination of the DDA and accelerating the payment of the City Loan in accordance with the terms of the City Loan Promissory Note.
In furtherance of the requirements of this Section 2, Developer shall keep the construction on the Site insured by carriers at all times reasonably satisfactory to City against loss by fire and such other hazards, casualties, liabilities and contingencies as included within an all risk extended coverage hazard insurance policy, in an amount of the full replacement cost of the constructions.
In the event of loss, Developer shall give prompt notice to the insurance carrier and to Authority.
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If the Site is abandoned by Developer, or if Developer fails to respond to City within thirty (30) days from the date notice is mailed by City to Developer that the insurance carrier offers to settle a claim for insurance benefits, City is authorized to collect and apply the insurance proceeds at City's option either to restoration or repair of the Site.
Section 3. Variance in Exterior Appearance and Design. In the event the Rental Development sustains substantial physical damage due to a casualty event, Developer may apply to City for approval to reconstruct, rebuild or repair in a planner which will provide different exterior appearance and lot design from that which existed prior to the date of the casualty.
Section 4. Time Limitation. Upon damage to the Site or the Dental Development or other improvements, Developer shall be obligated to proceed with all due diligence hereunder and commence reconstruction within two (2) months after the damage occurs and complete reconstruction within six (6) months after damage occurs or demolition and vacate within two (2) months, unless prevented by causes beyond their reasonable control, in which event reconstruction shall be commenced and completed at the earliest feasible time,
ARTICLE V
ENFORCEMENT
Section I. Remedies. Breach of the covenants contained in the Regulatory Agreement may be enjoined, abated or remedied by appropriate legal proceeding by City, No remedies shall be instituted until the party complaining of a violation has provided written notice to the other party and such party has failed to cure the alleged violation within thirty (30) days of receipt of the written notice. City hereby agrees that any cure of any default made or tendered by Developer's limited partners who shall have been identified in writing by Developer to City and shall be deemed to be a cure by Developer and shall be accepted or rejected on the same basis as if made or tendered by Developer; provided City shall have received written notice by Developer of the identity of, and address for notices for, such limited partners and a copy of the applicable limited partnership agreement and amendments showing they are limited partners.
This Regulatory Agreement does not in any way infringe on the right or duties of City to enforce any of the provisions of the City Code including, but not limited to, the abatement of dangerous buildings.
Section 2. Nuisance. The result of every act or omission whereby any of the covenants contained in this Regulatory Agreement are violated in whole or in part is hereby declared to be and constitutes a nuisance, and every remedy allowable at law or equity, against a nuisance, either public or private, shall be applicable against every such result and may be exercised by any owner or its successors in interest, without derogation of City's rights under law.
Section 3. Right of Entry. In addition to the above general rights of enforcement, City shall have the right through its agents and employees, to enter upon any part of the project area for the purpose of enforcing the California Vehicle Code, and the ordinances and other regulations of City, and for maintenance and/or repair of any or all publicly owned utilities. In addition, City has the right of entry at reasonable hours and upon and after reasonable attempts to contact Developer, on any lot to effect emergency repairs or maintenance which Developer has failed to perform. Subsequent to sixty (60) days written notice to Developer specifically outlining Developer's noncompliance, City shall have the right of entry on the Site at reasonable hours to H-16
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enforce compliance with this Regulatory Agreement which Developer has failed to perform.
This Section 3 is without limitation as to the exercise of police powers of City.
Section 4. Costs of Repair. The costs borne by City for any such repairs or maintenance emergency and/or non -emergency, shall become a charge for which Developer shall be responsible.
Section 5. Cumulative Remedies. The remedies herein provided for breach of the covenants contained in this Regulatory Agreement shall be deemed cumulative, and none of such remedies shall be deemed exclusive.
Section 6. Failure to Enforce. The failure to enforce any of the covenants contained in this Regulatory Agreement shall not constitute a waiver of the right to enforce the same thereafter.
Section 7. Enforcement and Nonliability. City may from time to time make such efforts, if any, as it shall deem appropriate enforce and/or assist in enforcing this Regulatory Agreement.
However, City will not be subject to any liability for failure to affirmatively enforce any provision of this Regulatory Agreement.
ARTICLE VI
GENERAL PROVISIONS
Section 1. Covenant Against Partition. By acceptance of its interest in the Site, Developer shall be deemed to covenant for itself and for its heirs, representatives, successors and assigns, that it will not institute legal proceedings or otherwise seek to effect partition of its right and interest in the interest being conveyed to Developer, or the burdens running with the land as a result of this Regulatory Agreement.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in all force and effect.
Section 3. Term. This Regulatory Agreement shall run with and bind the interest of Developer in the Site, and shall inure to the owner(s) of any property subject to this Regulatory Agreement, his legal representatives, heirs, successors and assigns, and as provided in Article VI, Sections 2 and 3, be enforceable by City, for a term equal to the Required Covenant Period as defined herein, provided, however, that the covenants regarding nondiscrimination set forth in Section 4 of Article II of this Regulatory Agreement shall remain in effect for perpetuity. This Regulatory Agreement shall not be subordinate to the lien of any financing obtained by Developer with respect to the Site.
Section 4. Construction. The provisions of this Regulatory Agreement shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of the Required Affordable Units available at Affordable Rent for Very Low Income.
Households, and, to the extent provided herein, Low Income Households in conformity with the Prescribed Income Levels. The article and section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.
Developer shall be obligated by this Regulatory Agreement to comply with the provisions hereof, as well as the City Grant Deed. In the event of conflict, Developer shall comply with the most stringent requirements, in each case.
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Section 5. Amendments. This Regulatory Agreement may be amended only by the written agreement of Developer and City.
Section 6. Encroachments. None of the rights and obligations of Developer created herein shall be altered in any way by encroachments due to settlement or shifting of structures or any other cause.
There shall be valid easements for the maintenance of said encroachments so long as they shall exist; provided, however, that in no event shall a valid easement for encroachment be created in favor of Developer if said encroachment occurs due to the willful conduct of said Developer.
Section T. Notices. Any notice permitted or required to be delivered as provided herein to Developer shall be in writing and may be delivered either by reputable overnight service or certified mail to its address on the first page hereof. and shall be effective as of one business day after delivery to the messenger service for overnight delivery, or the date of delivery or attempted delivery shown on the return receipt. Such address may be changed from time to time by notice in writing.
Section 8. Notice of Transfer of Title; Notice of Property Manalger. Developer shall promptly notify City in writing of the identity and address for notices for the initial Property Manager and any replacement thereof, and Developer shall also promptly notify the City in writing of any conveyance of the Approved Housing Development, including the name of any buyer and the address for notices of the buyer.
DEVELOPER:
TEMECULA PACIFIC ASSOCIATES
By: TPC Holdings VII. LLC
an Idaho limited liability company
a general partner
By:
Caleb Roope, Manager
CITY:
CITY OF TEMECULA,
a municipal corporation
By:
Print Name:
Title:
ATTEST:
Randi ]ohl, City Clerk
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EXHIBIT A
LEGAL ❑ESCRIPTION OF THE SITE
Real property in the City of Temecula, County of Riverside, State of California, described as follows:
PARCELS 1 AND 2 OF PARCEL MAP 9839, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 61, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY, CALIFORNIA.
EXCEPT THEREFROM THAT PORTION OF PARCEL 1 CONVEYED TO THE RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A BODY POLITIC, BY DOCUMENT RECORDED JANUARY 14, 2015 AS INSTRUMENT NO. 2015- 0016730 OF OFFICIAL RECORDS
Assessor's Parcel Numbers: 922-053-021-2 & 922-053-048-7 THE NORTHWESTERLY 255 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THE NORTHWESTERLY ONE-HALF OF THAT TRACT OF LAND FORMERLY USED AS
RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N.R. VAIL, ET AL., BY DEED RECORDED JUNE 11, 1940 IN BOOK 464, PAGE 505 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT I, BLOCK 27 OF THE
TOWN OF TEMECULA, IN THE CITY OF TEMECULA, SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN BY SAID MAP; THENCE
NORTHWESTERLY IN A STRAIGHT LINE TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP;
THENCE NORTHEASTERLY ON A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 ON SAID MAP;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTHWESTERLY 595 FEET THEREOF.
ALSO EXCEPT THEREFROM THOSE PORTIONS INCLUDED IN RIVER AND PUJOL STREETS AS SHOWN ON SAID MAP.
ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND CONDEMNED BY THE
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AS H-19
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SET FORTH AND DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 05, 2010 AS INSTRUMENT NO. 2010-047 753 5 OF OFFICIAL RECORDS.
Assessor's Parcel Number: 922-053-047-6
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VICINITY MAP
City of Temecula PA18-0081
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature.
(Seal)
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On , before me,
(insert name and title of the officer)
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 hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
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RECORDING REQUESTED BY, AND
WHEN RECORDED RETURN TO:
City of Temecula
41000 Main Street
Temecula, CA 92590
Attention: City Clerk
with a copy to:
Temecula Pacific Associates
430 East State Street, Suite 100
Eagle, ID 83616
Attn: Caleb Roope
APN(s):922-053-021-2, 922-053-048-7 and
922-053-047-6
(Spare above for Recorder's Use.)
This document is exempt from the payment of a rc*c:ording fee pursuant to Government Code Section 6103.
AFFORDABILITY RESTRICTIONS AND REGULATORY AGREEMENT
(DENSITY BONUS)
These AFFORDABILITY RESTRICTIONS AND REGULATORY AGREEMENT ("Regulatory Agreement") is hereby entered, effective as of , 20—, by and among the CITY OF TEMECULA, a municipal corporation ("City"), and TEMECULA PACIFIC ASSOCIATES, a California limited partnership ("Developer') (City and Developer are sometimes collectively referred to herein as the "Parties.").
RECITALS
WHEREAS, City and Developer have entered into that certain unrecorded Disposition and Development Agreement dated as of , 2019 (the "DDA") for the improvement and development of certain real property described in Exhibit "A" (to which this Regulatory Agreement is attached) as the "Site", which DDA provides for the recordation of this Regulatory Agreement. The DDA is incorporated herein by this reference, and any capitalized term not defined herein shall have the meaning established therefor in the DDA.
WHEREAS, this Regulatory Agreement establishes a plan for the improvement, development and maintenance of the Site, for the benefit of City, and constitutes a "density bonus housing agreement" under the Temecula Municipal Code for which Developer has been given an incentive and waiver relating to parking, specifically that the required number parking spaces have been reduced from 137 to 102.
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WHEREAS, it is contemplated under the DDA that, as of the recordation of this Regulatory Agreement, Developer has acquired or shall concurrent with the recording hereof acquire fee title from the City to the "Site". The form of the grant deed under which Developer shall take title under the DDA is referenced to as the "City Grant Deed." WHEREAS, City and Developer wish to adopt this Regulatory Agreement to further govern the use of the Site to comply with the City's density bonus ordinances. City shall not subordinate this Regulatory Agreement to any deed of trust or other liens.
NOW, THEREFORE, City and Developer (as owner of real property interests described hereinabove), declare that the Site shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the covenants, conditions and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property. Each and all of the restrictions, limitations, conditions, covenants, liens, reservations and charges herein contained shall run with the land and be recorded on the property title and shall be binding on Parties, their grantees, successors, heirs, executors, administrators, devisees or assigns, and all subsequent owners of all or any part of the Site, during the term of this Regulatory Agreement.
ARTICLE I
DEFINITIONS
The definitions provided herein shah be applicable to this Regulatory Agreement and also to any amendment or supplement (unless the context implicitly or explicitly shall prohibit), recorded against the Site pursuant to the provision of this Regulatory Agreement.
Section 1. "Affiliated Person" means, when used in reference to a specific person, any person that directly or indirectly controls or is controlled by or under common control with the specified person, any person that is an officer or director of, a trustee of, or a general partner, managing member or operator in, the specified person or of which the specified person is an officer, director, trustee, general partner or managing member.
Section 2. "Affordable Housing Development" means an affordable housing project operated in conformity with this Regulatory Agreement throughout the Required Covenant Period.
Section 3_ "Affordable Rent", per month, means, for an Extremely Low Income Household, a monthly rent (including a reasonable utility allowance) that does not exceed thirty percent (30%) of thirty percent (30%) of Median Income for a household size approximate to the Unit; for a Very Low Income Household, a monthly rent (including a reasonable utility allowance) which does not exceed one -twelfth (1112th) of thirty percent (30%) of fifty percent (50%) of Median Income for a household size appropriate to the Unit; and for a Low Income Household, a monthly rent (including reasonable utility allowance) which does not exceed one - twelfth (1112th) of thirty percent (30%) of sixty percent (60%) of Median Income for a household size of appropriate to the Unit.
Section 4. "Approved Housing Development' means all improvements as provided to be developed by Developer under the DDA. The Approved Housing Development must be completed in strict conformity with all specifications contained in or referred to in the DDA.
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Section 5. "Area" means the San Bernardino -Riverside Primary Metropolitan Statistical Area, as periodically defined by HUD.
Section 6. "Certificate" or "Certification" is defined in Section 3(a).
Section 7. "City", as defined in the first paragraph hereof, means the City of Yucaipa, a municipal corporation.
Section 8. "City Code" means and refers to the City of Temecula Municipal Cade, as revised from time to time.
Section 9. "City Grant Deed" means a grant deed in the form attached to the DDA.
Section 10. "Common Areas" means all areas on the Site that are open or accessible to all tenants of the Site (such as grounds, but excluding interiors of Units).
Section 11. "Extremely Low Income Household" means a household earning not greater than the extremely low income limit for Riverside County, adjusted for household size, pursuant to Health and Safety Code Section 50106.
Section 12. "Gross income" means all payments from all sources received by a person (together with the gross income of all persons of the age of 18 years or older who intend to reside with such person in one residential unit) whether in cash or in kind as calculated pursuant to the Department of Housing and Urban Development ("HUD") Regulations (24 C.F.R. § 813) and 25 California Code of Regulations Section 6914.
Section 13. "Household size appropriate to the unit' shall be two persons for a one bedroom unit, three persons for a two bedroom unit, and four persons for a three bedroom unit.
Section 14. "Low Income Household" or "Lower Income Household" means a household earning not greater than the lower income household limit for Riverside County described in Health and Safety Code Section 50079.5 that is not a Very Low Income Household or Extremely Low Income Household.
Section 15. "Low Income Unit" or "Lower Income Unit" means a Unit occupied at Affordable Rent by a Low Income Household.
Section 16. "Map of the Site" means Exhibit B hereto.
Section 17. "Median Income" or "Median Income for the Area" means the median income for the Sites most recently determined by the Secretary of Housing and Urban Development under Section 8 of the United States Housing Act of 1937, as amended, or, if programs under Section 8 are terminated, Median Income for the Area determined under the method used by the Secretary prior to such termination. Such Median Income is published at 25 California Code of Regulations Section 6932, as modified from time to time.
Section 18. "Prescribed Income Levels" means the following:
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A. Thirty percent (30%) of Median Income for the Area for three (3) one-bedroorn one -bath Units.
B. Forty percent (40%) of Median Income for the Area for: (i) three (3) two - bedroom Units; and (ii) one (1) three -bedroom two -bathroom Unit.
C. Fifty percent (50%) of Median Income for the Area for one (1) one -bedroom one - bathroom Unit.
D. Sixty percent (60%) of Median Income for the Area for two (2) one -bedroom one - bathroom Units.
Type Income of Household Number of Units
as Percentage of AMI
1 BRI1 BA
30% 3
1 BRl l BA
50% 1
1 BRI1 BA
60% 2
2BR11 BA
40% 3
3 BR12BA
40% 1
Section 19. '`Regulatory Agreement" means this Regulatory Agreement and any amendments, modifications or supplements.
Section 20. "Rental Development" means the sixty (60) Unit residential rental development on the Site.
Section 21. "Required Affordable Unit" means any of the ten (10) of the dwelling units in the Rental Development, and available to, occupied by, or held vacant for occupancy under this Agreement only by tenants qualifying as Extremely Low Income Households, Very Low Income Households and Low Income Households and rented at Affordable Rent. (One dwelling unit is a manager unit.)
Section 22. "Required Covenant Period" means the period commencing on the date all Required Affordable Units have been completed as evidenced by the City's issuance of a Final Certificate of Occupancy for the Rental Development, and ending as of the Fifty-fifth (55th) anniversary thereof.
Section 23. "Site" means all of the real property and appurtenances as described in the Recitals above. including all structures and other improvements thereon, and those hereafter constructed.
Section 24. "Special Needs" means a household with one or more autistic children.
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Section 25. "Unit" means a dwelling unit on the Rental Development.
Section 26. "Very Low Income Households" means households earning not greater than the very low income limit for Riverside County, adjusted for household size, pursuant to Health and Safety Code Section 50105.
Section 27. "Very Low Income Unit" means a Unit occupied at Affordable Rent by a Very Low Income Household.
Section 28. "Very -Low Income Required Units" means the Required Affordable Units which are required to be rented to Very Low Income Households at Affordable Rent for Very Low Income Households.
Section 29. "Year" means a calendar year, excepting that the last Year hereunder shall be deemed to end as of the expiration of this Regulatory Agreement.
ARTICLE II
LAND USE RESTRICTIONS; IMPROVEMENTS
Section 1. Uses. Developer shall develop the Approved Housing Development on the Site in conformity with the DDA. Thereafter, the Site shall be operated as an Affordable Housing Development and devoted only to the uses specified in the DDA and the City Grant Deed for the periods of time specified herein. All uses conducted on the Site, including, without limitation, all activities undertaken by Developer pursuant to the DDA, shall conform to all applicable provisions of the City Code and the City Approvals.
The Site shall be used, maintained and operated in accordance with the DDA, the City Grant Deed, and this Regulatory Agreement for the Required Covenant Period. None of the units in the Rental Development shall at any time be utilized on a transient basis nor shall the Rental Development or any portion thereof ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium, rest home or trailer court or park. No part of the Site, from the date Developer acquired the Site, has been or will at any time be owned or used as a cooperative housing corporation or a community apartment project or a stock cooperative.
Section 2. Affordable Housing.
Special needs. Through the Required Covenant Period, to the extent not in violation with any state or federal law (including any fair housing or equal protection laws) Developer shall use commercially reasonable efforts to provide a preference for 12 Units to be rented to households with Special Needs ("Special Needs Units") on the following basis:
a. The Special Needs Units shall be interspersed throughout the Project and may be interchanged with other Units at Developer's discretion. b. Developer shall engage a nonprofit social service organization ("Social Service Entity") reasonably acceptable to and approved by the City to identify, qualify and maintain a waitlist of households with Special Needs who desire to reside in the Project. The Developer shall also submit additional information about the background, expericen, and financial condition of any proposed Social Service Entity as is reasonably necessary for the City to determine H-28
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whether the proposed Social Service Entity is qualified. If the City approved the proposed Social Service Entity, the City shall notify the Developer in wrting, c. Developer shall, or shall direct the Social Service Entity to, contact households on the waitlist for intial occupancy of the Special Needs Units and thereafter as any such units become vacant. In addition, such households shall be required to statisfy all of the standard requirements and criteria of Developer or its property manager to qualify tenants, including the income restrictions set forth herein.
d. To the extent that there are insufficient qualified households on the waitlist at any time when there are less than 12 units occupied by Special Needs households, Developer shall, or shall direct the Social Service Entity to, identify additional qualified Special Needs households for the Unit; provided however that if such households are not identified despite Developer's reasonable efforts, or if the available Unit is not appropriate for the size or other particular requirements of the Special Needs household , then such Unit may instead be rented to any qualified household, and the next vacant Unit shall instead become available for a Special Needs household under the provisions set forth hereinabove. e. Upon written request by the City, but no more frequently than bi-annually unless the City has reason to believe that Developer is in default hereunder, Developer shall provide a written certification to the City evidencing compliance with the aforementioned provisions, including a copy of the then current waitlist. In addition, City shall have the right to contact the Social Service Entity at any time, and from time to time, to verify compliance.
Affordabili4� Restrictions,- Number of Units. Throughout the Required Covenant Period, the Developer shall cause the Required Affordable Units to be rented in accordance with the definition of "Prescribed Income Levels" in Section 18 at Affordable Rents.
Except to the extent prohibited by federal law, in the event a household's income initially complies with the corresponding income level/restriction but the income of such household increases, such increase shall not be deemed to result in a violation of the restrictions of this Regulatory Agreement concerning limitations upon income of occupants, provided that the occupancy by such household is for a reasonable time of not to exceed three hundred sixty- five (365) days (measured from the time the income of the household ceases to qualify at the designated affordability level). Developer shall include in its rental agreements provisions which implement this requirement and limitation, and Developer shall expressly inform prospective renters as to this limitation prior to the commencement of a tenancy.
Duration of Affordability Requirements. The restriction shall apply throughout the Required Covenant Period. All tenants residing in any Required Affordable Unit for which rents are limited by virtue of this Regulatory Agreement or pursuant to other regulation during the last two (2) Years of the Required Covenant Period shall be given notice by Developer at least once every six (6) months prior to the expiration date of this requirement, that the rent payable on such Required Affordable Unit may be raised to a market rate rent at the end of the Required Covenant Period.
Selection af' Tenants. Developer shall demonstrate to City that the proposed tenants of Required Affordable Units of the Extremely Low Income Units constitute Extremely Low Income Households; that the proposed tenants of Very Low Income Required Units 1: M!1
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constitute Very Low Income Households, and that the proposed tenants of the Low Income Required Units constitute Low Income Households.
Prior to the rental or lease of a Required Affordable Unit to a tenant, and as set forth in this Section 2 of Article lI of this Regulatory Agreement, Developer shall require the tenant to execute a written lease and to complete an Income Verification certifying that the tenant(s) occupying the Unit is/are in the appropriate income category. Developer shall verify the income of the tenant(s).
Developer shall accept as tenants on the same basis as all other prospective tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successor.
Developer shall not apply selection criteria to Section 8 certificate holders which are more burdensome than criteria applied to any other prospective tenants.
Determination oJ* A116rdable Rent _ br the Required Affordable Units. The Required Affordable Units shall be rented or leased at Affordable Rent. The maximum monthly rental for the Required Affordable Units shall be adjusted annually as permitted by Section 50053 of the California Health and Safety Code based on the annual adjustment to the Median Income for the Area established pursuant to Section 50093 of the California Health and Safety Code, as more particularly set forth in the Affordable Rent Worksheet,
DEVELOPER UNDERSTANDS AND KNOWINGLY AGREES THAT THE
MAXIMUM RENTAL FOR THE REQUIRED AFFORDABLE UNITS ESTABLISHED BY
THE DDA, THIS REGULATORY AGREEMENT AND THE CITY GRANT DEED IS
SUBSTANTIALLY BELOW THE FAIR MARKET RENT FOR THE REQUIRED AFFORDABLE UNITS.
Section 3. Developer Verification and Program Compliance.
Income and Age Verification and Certification. Developer will obtain and maintain on file an Income and Age Verification from each tenant (for every Unit on the Site), dated immediately prior to the initial occupancy of such tenant in the Required Affordable Units.
On June 15 following the completion of the Development, Developer shall file with Authority or its designee a Certificate, containing all information required pursuant to Health and Safety Code Section 33418. Each Certificate shall cover the immediately preceding Year.
Developer shall maintain on file throughout the Required Covenant Period each tenant's executed lease and Income and Age Verification and rental records for the Rental Development and the Required Affordable Units. Developer shall maintain complete and accurate records pertaining to the Units, and will permit any duly authorized representative of City to inspect the books and records of Developer pertaining to the occupancy of the Required Affordable Units. Developer shall prepare and submit to City annually commencing the June 15 first following the recording of the City Grant Deed and continuing throughout the Required Covenant Period, a Certificate of Continuing Program Compliance. Such documentation shall state for each Required Affordable Unit in the Rental Development the Unit size, the rental amount, the number of occupants, and the income of the occupants and any other information which may be used to determined compliance with the terms of this Regulatory Agreement.
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In addition, as part of its annual report, at City's request, but not less frequently than prior to each initial and subsequent rental of each Required Affordable Unit to a new tenant household (but not lease renewals) and annually thereafter, Developer shall also provide to City completed income computation, asset evaluation, and certification forms, for any such tenant or tenants, in substantially the form provided by City from time to time. Developer shall obtain an annual certification from each household, Required Affordable Unit demonstrating that such household is an Extremely Low Income Household, Very Low Income Household or Low Income Houuehold, as applicable. Developer shall verify the income certification of each tenant household. Developer shall submit to City copies of any and all tenant income and occupancy certifications upon request of City. City may request (and Developer shall provide) additional documentation to assist City's evaluation of Developer's compliance with this Agreement, if determined to be necessary in the reasonable discretion of the Executive Director, specifically including (without limitation) any documentation or additional certifications that may be necessary to verify compliance with all requirements from all funding sources, and each tenant's status as to each Required Affordable Unit. This requirement is in addition to and does not replace or supersede Developer's obligation to annually submit the Certificate of Continuing Program Compliance to City. Further, City has the right, but not the obligation to monitor compliance with respect to each tenant household at the Rental Development, and City's election to monitor some, but not all, of the Units shall not constitute a waiver of City's right to monitor and enforce compliance with respect to all Units in the future.
Verification of Income of New and Continuing Tenants. Gross income calculations for prospective (and continuing) tenants shall be determined in accordance with 25 Cal. Code Regs. Section 6914. Developer shall verify the income and information provided in the income certification of the proposed tenant as set forth below. (a) Developer shall verify the income of each proposed tenant of the Required Affordable Units and by at least one of the following methods as appropriate to the proposed tenant:
(i) obtain two (2) paycheck stubs from the person's two (2) most recent pay periods;
(ii) obtain a true copy of an income tax return from the person for the most recent tax year in which a return was filed; (iii) obtain an income verification certification from the employer of the person:
(jv) obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the person receives assistance from such agencies; or
(v) obtain an alternate form of income verification reasonably requested by Authority, if none of the above forms of verification is available to Developer. lrerification Regarding Eligibility of New Tenants. Developer shall retain documentation regarding the eligibility of each new tenant household.
Reporting Amounts. In the event Developer fails to submit to City or its designee the Certification as required by Section 3(a), Developer shall be in noncompliance with this Regulatory Agreement.
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Section 4. Management of the Rental Development.
Manager. The Rental Development shall at all times be managed by an experienced manager (the "Manager") reasonably acceptable to the City, with demonstrated ability to operate residential developments like the Rental Development in a manner that will provide decent, safe, and sanitary housing. The Developer shall submit for the City's approval the identity of any proposed Manager. The Developer shall also submit such additional information about the background, experience and financial condition of any proposed Manager as is reasonably necessary for the City to determine whether the proposed Manager meets the standard for a qualified Manager set forth above. If the proposed Manager meets the standard for a qualified Manager set forth above, the City shall approve the proposed Manager by notifying Developer in writing,
Pedbrmance Review. The Developer shall cooperate with the City in an annual review of management practices, in connection with which the City shall have the right to review and approve the annual operations and management budget; provided, however, that the City reserves the right to conduct reviews more frequently at its sole discretion. The purpose of each annual review will be to enable the City to determine if the Improvements are being operated and managed in accordance with the requirements and standards of this Agreement.
Replacement of Manager.
(1) If, as a result of the annual review, the City determines in its reasonable judgment that the Improvements are not being operated and managed in accordance with any of the requirements and standards of this Agreement, the City shall deliver notice to the Developer of its intention to cause replacement of the Manager. Within fifteen (15) days of receipt by the Developer of such written notice, the City and the Developer shall meet in good faith to consider methods for improving the financial and operating status of the Rental Development, including, without limitation, replacement of the Manager.
(ii) If, after such meeting, the City elects to proceed with the replacement of the Manager, the City shall so notify the Developer in writing within fifteen (15) days following the meeting. Thereupon, the Developer shall promptly dismiss the then Manager, and shall appoint as the Manager a person or entity meeting the standards for a Manager set forth in this section and approved by the City in its reasonable discretion. City shall have the right to disapprove the replacement Manager within thirty (30) days, and in such case Developer shall promptly dismiss the replacement Manager and appoint another replacement Manager meeting the standards for a Manager set forth in this section and approved by the City in its reasonable discretion. Notwithstanding the foregoing, the City's approval rights shall be subject and subordinate to the rights of senior lender under the senior deed of trust. (iii) Any contract for the operation or management of the Property entered into by the Developer shall provide that the contract can be terminated as set forth above.
The Developer agrees that the Rental Development shall be preserved and maintained throughout the term hereof in good condition and repair so as to provide decent, safe, and sanitary housing, and in conformance with all applicable ordinances, statutes and regulations promulgated by any governmental entity having jurisdiction over the Rental Development.
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Annual Inspection. Subject to the rights of the occupants of the Units, City shall have the right to perform an annual on -site inspection of the units, common areas and grounds and to perform an annual tenant file review to ensure that Developer is managing the Rental Development in accordance with the requirements of this Agreement.
Annual Budget. Developer shall submit or shall cause its Property Manager to submit to the City Manager on or before the completion of the Rental Development, and each anniversary thereof, an annual budget for the ongoing operation of the Rental Development for approval by City, which will not be unreasonably withheld. At the City's request, delivered within thirty (30) days after receipt of the budget, each of Developer and the City shall cause its respective representative(s) to meet within thirty (30) days following the receipt of request to review the budget. Such review is without obligation to either party to propose or agree to any modification of permitted operating expenses.
Management of Property,. Developer shall be completely responsible for the management, administration and operation of the Rental Development including, but not limited to the hiring and discharge of employees, salaries and all other related Rental Development expenses, maintenance and repairs, including capital expenditures, the financial operations of the Rental Development, the rental and re -rental of the apartment units in accordance with the occupancy requirements set forth in this Agreement and all operational, maintenance and management responsibilities of an Developer in a typical multi -family residential housing Rental Development.
Resen,es. The Developer will maintain replacement reserves in accordance with the ❑DA satisfactory to the City and will not withdraw funds from such reserves without the consent of the City, which will not be unreasonably withheld., subject and subordinate to the rights of senior mortgage lender.
Manager's Failure to Perjorrn. In the event the manager appointed by Developer for management of the Rental Development fails to perform the obligations imposed upon Developer by this Section, such failure shall constitute a default under Section 10 hereof, and if Developer shall fail to cure such default as provided in Section 10 hereof, then City shall have the right, in addition to any other remedies of City, to require Developer, upon thirty (30) days' prior written notice, to appoint a substitute management City, reasonably acceptable to both City and Developer, subject and subordinate to the rights of senior mortgage lender.
Gross Mismanagement. During the Required Covenant Period, in the event of "Gross Mismanagement" (as defined below) of the Development, any acts of Gross Mismanagement shall cease immediately upon written notice from the City Manager, and any omissions constituting Gross Mismanagement shall be corrected within thirty (30) days after written notice from the City Manager. If such an act or omission is not timely ceased/cured, then, Developer shall within sixty (60) days replace the Property Manager with a new property manager reasonably acceptable to the City Manager, subject to the rights of the senior mortgage lender.
For purposes of this Agreement, the term "Gross Mismanagement" means management of the Development in a manner which materially violates the terms and/or intention of this Agreement to operate a first quality affordable housing complex, and shall include, but is not limited to, any one or more of the following:
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(a) Leasing to tenants who exceed the prescribed income levels; (b) Subject to fair housing laws, allowing tenants to exceed the prescribed occupancy levels without taking immediate action to stop such overcrowding; (c) Under -funding required reserve accounts;
(d) Failing to submit timely and/or adequate annual reports to Authority as required herein;
(e) Failing to comply with this Regulatory Agreement;
(f) Fraud or embezzlement of Development funds, including without limitation funds in the reserve accounts;
(g) Failing to fully cooperate with the Temecula Police Department or other local law enforcement agency(ies) with jurisdiction over the Development, in maintaining a crime -free environment within the Development;
(h) Failing to fully cooperate with the Temecula Fire Department or other local public safety agency(ies) with jurisdiction over the Development, in maintaining a safe and accessible environment within the Development; and (i) Failing to fully cooperate with the Temecula Planning and Building and Safety Department, or other local health and safety enforcement agency(ies) with jurisdiction over the Development, in maintaining a decent, safe and sanitary environment within the Development.
Developer is obligated and shall use commercially reasonable efforts to correct any defects in property management or operations at the earliest feasible time.
Code Egfbrcement. Developer acknowledges and agrees that Authority and its employees and authorized agents, shall have the right to conduct code compliance and/or code enforcement inspections of the Development and the individual dwelling units at the Development (and not limited to the Required Affordable Units), both exterior and interior, at reasonable times and upon reasonable notice (not less than 48 hours prior notice, except in an emergency) to Developer and/or an individual tenant. If such notice is provided by Authority representative(s) to Developer, then Developer shall immediately and directly advise any affected tenant of such upcoming inspection and cause access to the area(s) and/or Units at the Development to be made available and open for inspection. Developer shall include express advisement of such inspection rights within the lease/rental agreements for each Unit in the Development in order for each and every tenant and tenant household to be aware of this inspection right. The foregoing portion of this Section 5 is without limitation as to the exercise of police powers by City.
Section 6. Keeping of Animals. No animals of any kind shall be raised, bred or kept on the Site, except that domesticated dogs, cats or other household pets may be kept by the tenants in the Rental Development at the discretion of Developer and subject to compliance with all laws.
However, no animal shall be kept, bred or maintained for any commercial purpose or for fighting purposes. Nothing permitted herein shall derogate in any way the right of Developer to further restrict keeping of pets.
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Section 7. Parking of Vehicles. Developer shall not pen -nit the parking, storing or keeping of any vehicle except wholly within the parking areas designated for the Required Affordable Units. Developer shall not permit the parking, storing or keeping of any large commercial type vehicle (dump truck, cement mixer truck, oil or gas truck, etc.), or any recreational vehicle over twenty (20) feet in length (camper unit, motor home, trailer, mobile home or other similar vehicle), boats over twenty (20) feet in length, or any vehicle other than a private passenger vehicle, upon any portion of the Common Areas, including parking spaces. For purposes of this section, a pickup truck with a pickup bed mounted camper shall be considered a private passenger vehicle; provided however, that no such vehicle shall be used for residential purposes while parked on the premises.
Developer shall not permit major repairs or major restorations of any motor vehicle, boat, trailer, aircraft or other vehicle to be conducted upon any portion of the Common Area, including the parking areas, except for emergency repairs thereto and then only to the extent necessary to enable movement of the vehicle to a proper repair facility. No inoperable vehicle shall be stored or kept in the Common Area. Developer shall give the vehicle owner not less than four (4) days, nor more than seven (7) days' notice and an opportunity to remove any vehicle parked, stored or kept in violation of the provisions of this Regulatory Agreement. Notice shall consist minimally of a reasonably diligent attempt to personally notify the vehicle owner or alternatively leaving written notice on the subject vehicle. After due notice and opportunity have been given to the vehicle owner, Developer shall have the right to remove, at the vehicle owner's expense, any vehicle parked, stored or kept in violation of the provisions of this Regulatory Agreement.
Section 8. Maximum Occupancies. No persons shall be permitted to occupy any Apartment within the Rental Development in excess of applicable limit of maximum occupancy set by the City Code and the laws of the State of California.
Section 9. SiVis Required. "No loitering" signs will be posted at each building and enforced by Developer. "Illegally parked vehicles will be towed" signs in compliance with California Vehicle Code requirements will be posted and enforced by Developer.
Section 10. Fences and Electronic Installations. Developer shall not install or knowingly permit to be installed on the exterior of any improvement or building on any fences or any antenna or other television or radio receiving device, excepting satellite dishes having a diameter of eighteen inches (18") or less, without prior written consent of City. This prohibition shall not prohibit the installation of cable television or subscription wires or receiving devices.
Section 11. Structural Chanuc. Nothing shall be done on the. Site in, on or to any building which would materially structurally change the exterior or the interior bearing walls of any such building or structure without the prior written consent of the City, and any such change shall be in compliance with applicable Iaw. Nothing herein shall affect the rights of Developer to repair, alter or construct improvements on the buildings on the Site unless such repair, alteration or improvement would impair the structural integrity andlor exterior appearance of said buildings.
Nothing herein shall be deemed to prohibit work ordered to be performed by the City building official.
Section 12. Compliance with Laws. Developer shall comply with all applicable laws in connection with the development and use of the Site, including without limitation the Fair Housing Act (42 U.S.C. § 3601, el seq., and 24 C.F.R. § 100.300, el seq.). Developer is a sophisticated party, with substantial experience in the acquisition, development, financing, H-35
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obtaining financing for, marketing, and operation of affordable housing projects, and with the negotiation, review, and preparation of agreements and other documents in connection with such activities. Developer is familiar with and has reviewed all laws and regulations pertaining to the acquisition, development and operation of the Rental Development and has obtained advice from any advisers of its own choosing in connection with this Agreement.
ARTICLE III
DUTIES OF DEVELOPER: SPECIFIC MAINTENANCE RESPONSIBILITIES Section 1. Exterior Building Maintenance. All exterior, painted surfaces shall be maintained at all times in a clean and presentable manner, free from chipping, cracking and defacing marks, Any such defacing marks shall be cleaned or removed within a reasonable period of time as set forth herein.
Section 2. Front and Side Exteriors. Developer shall at all times maintain the front exterior and yard in a clean, safe and presentable manner, free from defacing marks or any disrepair and any visible side exteriors. Developer shall hire maintenance personnel to maintain and/or repair any front exterior or yard or visible side yard and exterior of any lot or building.
Section 3. Graffiti Removal. All graffiti, and defacement of any type, including marks, words and pictures must be removed and any necessary painting or repair completed by the later to occur of (i) seventy-two (72) hours of their creation or (1i) seventy-two (72) hours after notice to Developer.
Section 4. Driveways. All driveways must be paved and maintained with impervious material in accordance with the City Code. In addition, all water must be made to drain freely to the public part of the waterway without any pooling.
Section 5. Exterior Illumination. Developer shall at all times maintain adequate Iighting in all entrance ways and parking areas. Adequate lighting means outdoor, night lighting designed and installed, which provides no less than one (1.0) foot candles in the parking areas and no less than one and one-half (I -1 /2) foot candles in the walking areas or common areas and no less than
0.2 foot candles at the point of least illumination.
Section 6. Front Setbacks. All front setback areas that are not buildings, driveways or walkways shall be adequately and appropriately landscaped in accordance with minimum standards established by City and shall be maintained by Developer. The landscaping shall meet minimum standards set from time to time by City.
Section 7. Trash Bins. All trash shall be collected and placed at all times in an enclosable bin to be placed in a designated refuse/trash bin area. The designated area shall be located so that the bin will, to the extent possible, be readily accessible from the street.
Section 8. Prohibited Signs. No sign of any kind shall be displayed to the public view on or from any portion of the Site without the approval of City and appropriate City departments, if any such approval is required by the City Code.
ARTICLE IV
OBLIGATION TO MAINTAIN, REPAIR AND REBUILD
Section 1. Maintenance by Developer. Developer shall, at its sole cost and expense, maintain and repair the Rental Development thereon keeping the same in a decent, safe and H-36
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sanitary manner, in good condition and making all repairs as they may be required by this Regulatory Agreement and by all applicable City Code provisions, including without limitation Uniform Code provisions. Developer shall also maintain the landscaping required to be planted in a healthy Condition. If, at any time, Developer fails to maintain the Rental Development or any portion thereof, and said condition is not corrected after the expiration of forty-five (45 ) days from the date of written notice from City, City may perform the necessary maintenance and Developer shall pay such costs as are reasonably incurred for such maintenance. Payment shall be due within fifteen (15) days of receipt of an invoice from City.
Maintenance and Repair. Developer agrees to assume full responsibility for the management, operation and maintenance of the Rental Development and the Site throughout the Required Covenant Period without expense to City, and to perform all repairs and replacements necessary to maintain and preserve the Rental Development and the Site in good repair, in a neat, clean, safe and orderly condition reasonably satisfactory to City and in compliance with all applicable laws. Developer agrees that City shall not be required to perform any maintenance, repairs or services or to assume any expense in connection with the Rental Development.
Developer hereby waives all rights to make repairs or to cause any work to be performed at the expense of City as provided for in Section 1941 and 1942 of the California Civil Code.
The following standards shall be complied with by Developer and its maintenance staff, contractors or subcontractors:
(1) Developer shall maintain the Rental Development, including individual Required Affordable Units, all common areas, all interior and exterior facades, and all exterior project site areas. in a safe and sanitary fashion suitable for a high quality, rental housing project.
Developer agrees to provide utility services, administrative services, supplies, contract services, maintenance, maintenance reserves, and management for the entire project including interior tenant spaces, common area spaces and exterior common areas. The services provided by Developer shall include, but not be limited to, providing all common area electricity, gas, water, property, fire and liability insurance in the amounts set forth in this Regulatory Agreement, all property taxes and personal property taxes, any and all assessments, maintenance and replacement of all exterior landscaping, and all administration and overhead required for any property manager.
(2) Landscape maintenance shall include, but not be limited to:
watering/irrigation; fertilization; mowing, edging, and trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and optimum irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees.
(3) Clean-up maintenance shall include, but not be limited to: maintenance of all private paths, parking areas, driveways and other paved areas in clean and weed -free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, Iitter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. 1 1MMJW
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(4) The Development shall be maintained in conformance and in compliance with the approved construction and architectural plans and design scheme, as the same may be amended from time to time with the approval of City.
(5) All maintenance work shall conform to all applicable federal and state Occupational Safety and Health Act standards and regulations for the performance of maintenance.
(6) Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied only by persons in strict accordance with all governing regulations.
(7) Parking lots, lighting fixtures. trash enclosures, and all areas shall be kept free from any accumulation of debris or waste materials by regularly scheduled maintenance.
Section 2. Damage and Destruction Affecting Development - Developer's Duty to Rebuild.
If all or any portion of the Site and the improvements thereon is damaged or destroyed by fire or other casualty, Developer shall promptly proceed to obtain insurance proceeds and, subject to the terms of the senior loan secured by the Site and improvements, take all steps necessary to begin reconstruction and, immediately upon receipt of insurance proceeds, to promptly and diligently commence the repair or replacement of the Rental Development to substantially the same condition as the Rental Development is required to be constructed pursuant to the DDA, subject to the sufficiency of the insurance proceeds to cover the actual cost of repair, replacement, or restoration, and Developer shall complete the same as soon as possible thereafter so that the Rental Development can be occupied as an affordable housing project in accordance with the DDA. In no event shall the repair, replacement, or restoration period exceed eighteen (I 8) months from the date Developer obtains insurance proceeds unless the City Manager, in his or her reasonable discretion, approves a longer period of time, subject to the terms of the senior loan secured by the Site and improvements. If the then -existing laws of any other governmental agencies with jurisdiction over the Site do not permit the repair, replacement, or restoration, Developer may elect not to repair, replace, or restore the Rental Development by giving notice to City (in which event the insurance proceeds shall be treated as Residual Receipts and shall be distributed to the Parties in accordance with the terms of the City Loan Promissory Note entered pursuant to the DDA, and Developer shall be required to remove all debris from the Site) or Developer may reconstruct such other Rental Development on the Site as is consistent with applicable land use regulations and approved by City, and any other governmental agency or agencies with jurisdiction, and City may pursue remedies of its choosing under this Agreement, including without limitation tennination of the DDA and accelerating the payment of the City Loan in accordance with the terms of the City Loan Promissory Note.
In furtherance of the requirements of this Section 2, Developer shall keep the construction on the Site insured by carriers at all times reasonably satisfactory to City against loss by fire and such other hazards, casualties, liabilities and contingencies as included within an all risk extended coverage hazard insurance policy, in an amount of the full replacement cost of the constructions.
In the event of loss, Developer shall give prompt notice to the insurance carrier and to Authority.
If the Site is abandoned by Developer, or if Developer fails to respond to City within thirty (30) days from the date notice is mailed by City to Developer that the insurance carrier offers to settle a claim for insurance benefits, City is authorized to collect and apply the insurance proceeds at City's option either to restoration or repair of the Site.
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Section 3. Variance in Exterior Appearance and Design. In the event the Rental Development sustains substantial physical damage due to a casualty event, Developer may apply to City for approval to reconstruct, rebuild or repair in a manner which will provide different exterior appearance and lot design from that which existed prior to the date of the casualty.
Section 4. Time Limitation. Upon damage to the Site or the Rental Development or other improvements, Developer shall be obligated to proceed with all due diligence hereunder and commence reconstruction within two (2) months after the damage occurs and complete reconstruction within six (6) months after damage occurs or demolition and vacate within two (2) months, unless prevented by causes beyond their reasonable control, in which event reconstruction shall be commenced and completed at the earliest feasible time.
ARTICLE V
ENFORCEMENT
Section 1. Remedies. Breach of the covenants contained in the Regulatory Agreement may be enjoined, abated or remedied by appropriate legal proceeding by City. No remedies shall be instituted until the party complaining of a violation has provided written notice to the other party and such party has failed to cure the alleged violation within thirty (30) days of receipt of the written notice.
This Regulatory Agreement does not in any way infringe on the right or duties of City to enforce any of the provisions of the City Code including, but not limited to, the abatement of dangerous buildings.
Section 2. Nuisance_ The result of every act or omission whereby any of the covenants contained in this Regulatory Agreement are violated in whole or in part is hereby declared to be and constitutes a nuisance, and every remedy ailowable at law or equity, against a nuisance. either public or private, shall be applicable against every such result and may be exercised by any owner or its successors in interest, without derogation of City's rights under law.
Section 3. Right of Entry. In addition to the above general rights of enforcement, City shall have the right through its agents and employees, to enter upon any part of the project area for the purpose of enforcing the California Vehicle Code, and the ordinances and other regulations of City, and for maintenance and/or repair of any or all publicly owned utilities. In addition, City has the right of entry at reasonable hours and upon and after reasonable attempts to contact Developer, on any lot to effect emergency repairs or maintenance which Developer has failed to perform. Subsequent to sixty (60) days written notice to Developer specifically outlining Developer's noncompliance, City shall have the right of entry on the Site at reasonable hours to enforce compliance with this Regulatory Agreement which Developer has failed to perform.
This Section 3 is without limitation as to the exercise of police powers of City.
Section 4. Costs of Re air. The costs borne by City for any such repairs or maintenance emergency and/or non -emergency, shall become a charge for which Developer shall be responsible.
Section 5. Cumulative Remedies. The remedies herein provided for breach of the covenants contained in this Regulatory Agreement shall be deemed cumulative, and none of such remedies shall be deemed exclusive.
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Section 6. Failure to Enforce. The failure to enforce any of the covenants contained in this Regulatory Agreement shall not constitute a waiver of the right to enforce the same thereafter.
Section 7. Enforcement and Non -liability. City may from time to time make such efforts, if any, as it shall deem appropriate enforce and/or assist in enforcing this Regulatory Agreement.
However, City will not be subject to any liability for failure to affirmatively enforce any provision of this Regulatory Agreement.
ARTICLE VI
GENERAL PROVISIONS
Section 1. Covenant Against _ Partition. By acceptance of its interest in the Site, Developer shall be deemed to covenant for itself and for its heirs, representatives, successors and assigns, that it will not institute legal proceedings or otherwise seek to effect partition of its right and interest in the interest being conveyed to Developer, or the burdens running with the land as a result of this Regulatory Agreement.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in all force and effect.
Section 3. Term. This Regulatory Agreement shall run with and bind the interest of Developer in the Site, and shall inure to the owner(s) of any property subject to this Regulatory Agreement, his legal representatives, heirs, successors and assigns, and as provided in Article VI, Sections 2 and 3, be enforceable by City, for a term equal to the Required Covenant Period as defined herein, provided; however, that the covenants regarding nondiscrimination set forth in Section 4 of Article II of this Regulatory Agreement shall remain in effect for perpetuity. This Regulatory Agreement shall not be subordinate to the lien of any financing obtained by Developer with respect to the Site.
Section 4. Construction. The provisions of this Regulatory Agreement shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of Required Affordable Units available at Affordable Rent for Very Low Income Households, and, to the extent provided herein, Low Income Households in conformity with the Prescribed Income Levels. The article and section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.
Developer shall be obligated by this Regulatory Agreement to comply with the provisions hereof, as well as the City Grant Deed. In the event of conflict, Developer shall comply with the most stringent requirements, in each case.
Section S. Amendments. This Regulatory Agreement may be amended only by the written agreement of Developer, and City.
Section 6. Encroachments. None of the rights and obligations of Developer created herein shall be altered in any way by encroachments due to settlement or shifting of structures or any other cause. There shall be valid easements for the maintenance of said encroachments so long as they shall exist; provided, however, that in no event shall a valid easement for encroachment be created in favor of Developer if said encroachment occurs due to the willful conduct of said Developer.
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Section 7. Notices, Any notice permitted or required to be delivered as provided herein to Developer shall be in writing and may be delivered either by reputable overnight service or certified mail to its address on the first page hereof, and shall be effective as of one business day after delivery to the messenger service for overnight delivery, or the date of delivery or attempted delivery shown on the return receipt. Such address may be changed from time to time by notice in writing.
Section 8. Notice of Transfer of Title, Notice of Property Manager. Developer shall promptly notify City in writing of the identity and address for notices for the initial Property Manager and any replacement thereof, and Developer shall also promptly notify the City in writing of any conveyance of the Approved Housing Development, including the name of any buyer and the address for notices of the buyer.
DEVELOPER:
TEMECULA PACIFIC ASSOCIATES
By: TPC Holdings VII, LLC
an Idaho limited liability company
a general partner
M.
Caleb Roope, Manager
CITY:
CITY OF TEMECULA,
a municipal corporation
By:
Print Name:
Title:
►.10MOON
Rand] 3ohl, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION OF THE SITE
Real property in the City of Temecula, County of Riverside, State of California, described as follows:
PARCELS I AND 2 OF PARCEL MAP 9839, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 61, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY, CALIFORNIA.
EXCEPT THEREFROM THAT PORTION OF PARCEL I CONVEYED TO THE RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A BODY POLITIC, BY DOCUMENT RECORDED JANUARY 14, 2015 AS INSTRUMENT NO, 2015- 0016730 OF OFFICIAL RECORDS
Assessor's Parcel Numbers: 922-053-021-2 & 922-053-048-7 THE NORTHWESTERLY 255 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THE NORTHWESTERLY ONE-HALF OF THAT TRACT OF LAND FORMERLY USED AS
RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N.R. VAIL, ET AL., BY DEED RECORDED JUNE 11, 1940 IN BOOK 464. PAGE 505 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 77 OF THE
TOWN OF TEMECULA, IN THE CITY OF TEMECULA, SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN ❑IEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN BY SAID MAP. THENCE
NORTHWESTERLY IN A STRAIGHT LINE TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP;
THENCE NORTHEASTERLY ON A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 ON SAID MAP;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTHWESTERLY 595 FEET THEREOF.
ALSO EXCEPT THEREFROM THOSE PORTIONS INCLUDED IN RIVER AND PUJOL STREETS AS SHOWN ON SAID MAP.
ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND CONDEMNED BY THE
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AS H-42
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SET FORTH AND DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 05, 2010 AS INSTRUMENT NO.2010-0477535 OF OFFICIAL RECORDS.
Assessor's Parcel Number: 922-053-047-6
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document,
State of California
County of
On , before me,
(insert name and title of the officer)
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 persons), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY CE PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature.
(Seal)
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that be/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature.
(Seal)
H-45
i 10S6-00011231h4251duc
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document.
State of California
County of
On , before me,
(insert name and title of the officer)
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 hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hind and official seal.
Signature.
(Seal)
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EXHIBIT "I"
FORM OF CERTIFICATE OF COMPLETION
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
APN(s): 922-053-021-2; 922-053-048-7;
922-053-047-6
(Space Above for Recorder's Ilse Only)
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383.
CERTIFICATE OF COMPLETION
THIS CERTIFICATE OF COMPLETION (the "Certificate") is made by the CITY OF TEMECULA, a municipal corporation (the "City"), in favor of TEMECULA PACIFIC ASSOCIATES, a California limited partnership.
RECITALS
A. City and Developer have entered into that certain unrecorded Disposition and Development Agreement (the "DDA") dated as of 1 2019 concerning the development of certain real property situated in the City of Temecula, California, described in Exhibit "A" attached hereto (the "Site").
B. As referenced in Section 3.11 of the DDA, City is required to furnish Developer or its successors with a Certificate of Completion upon completion of construction of the "Project" (as defined in the DDA), which Certificate is required to be in such form as to permit it to be recorded in the Recorder's Office of Riverside County. This Certificate is conclusive deterniination of satisfactory completion of the construction and development required by the DDA.
C. City has conclusively determined that the construction and developti-tent of the Project has been satisfactorily completed.
NOW, THEREFORE, City hereby certifies as follows:
1. City does hereby certify that the Project to be constructed by Developer has been fully and satisfactorily completed in full conformance with the DDA.
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2. This Certificate shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance construction work on the Site, or any part thereof.
3. This Certificate shall not constitute evidence of DeveIoper's compliance with those covenants in the ❑DA that survive the issuance of this Certificate.
4. This Certificate is not a Notice of Completion as referred to in California Civil Code Section 3093.
5. Nothing contained in this instrument shall modify in any other way any other provisions of the DDA (including without limitation the attachments thereto).
IN WITNESS WHEREOF, City has executed this Certificate of Completion this day of .20 .
CITY OF TEMECULA
M.
, City Manager
ATTEST:
, City Clerk
1-2
1 1086-0001 \23042510.doc
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On , before me,
(insert name and title of the officer)
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 hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
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3108E-OOD 1 \2304251-3.dox
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Temecula, County of Riverside, State of California, described as follows:
PARCELS I AND 2 OF PARCEL MAP 9839, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 61, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY, CALIFORNIA.
EXCEPT THEREFROM THAT PORTION OF PARCEL 1 CONVEYED TO THE RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A BODY POLITIC, BY DOCUMENT RECORDED JANUARY 14, 2015 AS INSTRUMENT NO, 2015- 0016730 OF OFFICIAL RECORDS
Assessor's Parcel Numbers: 922-053-021-2 & 922-053-049-7 THE NORTHWESTERLY 255 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THE NORTHWESTERLY ONE-HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROA❑ RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N.R. VAIL, ET AL., BY DEED RECORDED JUKE 11, 1940 IN BOOK 464, PAGE 505 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 27 OF THE
TOWN OF TEMECULA, IN THE CITY OF TEMECULA, SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA;
THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE MOST EASTERLY CORNER OF LOT 1, BLOCK 36, AS SHOWN BY SAID MAP; THENCE
NORTHWESTERLY IN A STRAIGHT LINE TO THE MOST NORTHERLY CORNER OF LOT 10, BLOCK 37, AS SHOWN BY SAID MAP;
THENCE NORTHEASTERLY ON A STRAIGHT LINE TO THE MOST WESTERLY CORNER OF LOT 22, BLOCK 25 ON SAID MAP;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING EXCEPTING THEREFROM THE NORTHWESTERLY 595 FEET THEREOF.
ALSO EXCEPT THEREFROM THOSE PORTIONS INCLUDED IN RIVER AND PUJOL STREETS AS SHOWN ON SAID MAP.
ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND CONDEMNED BY THE
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AS 1-4
11 U8fiOM 1123042510 Aoc
SET FORTH AND DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 05, 2010 AS INSTRUMENT NO. 2010-0477535 OF OFFICIAL RECORDS.
Assessor's Parcel Number: 922-053-047-5
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1 1086-OW1 \2304251 Y3.doc
Exnfflruw
BASE PRO -FORMA
(Attached.)
J-1
1 1086-OW 1 \2304251 v3.doc
Vine Creek Apts.
A 60-Unit Workforce Housing Community
Temecula, CA
Financial Pro Forma
Rev. 5/12/19
Prepared By:
Caleb Roope
Pacific West Communities, Inc.
430 East State Street, Suite 100
Eagle, ID 83616
208.461.0022 x 3015
208.461.3267 fax
[email protected]
Rev. 5112119
DEVELOPMENT BUDGET
Vine Creels Apts.
Temecula, CA
Total Land Costs
Total Acquisition Costs
New Construction and/or Rehabilitation
Off -Site Work
Prevailing Wages
On Site Work
Structures
General Requirements
Contractor Overhead
Contractor Profit
Construction Contingency
Total Construction Costs
Financing Costs
Construction Loan interest
Construction Loan Fee
Construction Lender Costs (Legal, Etc.;
Bond Issuer & Trustee Fees
Permanent Loan Fees
Permanent Loan Costs
Tax Credit Fees
Bond Counsel
Financial Advisor
Total Financing Costs
Soft Costs
Architectural
Engineering/Surveying/E nv i ran me n to I
Taxes During Construction
Insurance
Title & Recording
Borrower Attorney
Appraisal
Local Tap, Building Permit, & Impact Fees
Marketing
Relocation Costs
Furnishings
Cost Certification
Market Study
Soft Cost Contingency
Developer Overhead & Profit
Consultant Fee
Total Soft Costs
Reserves
Rent Reserve
Operating Reserve
Total Reserve Costs
Project
Costs
$ 2,683,000
1,320,000
9.693.600
660,816
220,272
660,8 66
630,000
$ 13,185,504
$ 265,000
131,000
50,000
21,500
25,000
82,652
Cost Per Cost Per Tax Credit
Unit Res. Sq. Ft. Eligible Basis
$ 44,717 $ 47.50
S
22,000
161,5 00
11,014
3,671
11,014
S 219.758
$ 4,417
2,183
833
358
417
1,378
$ 575,152 $ 9,586
$ 400,000
200,000
16 75-5
197,$00
40,000
40,000
10,OQ0
1,619,643
$ 78,947
40,000
16,000
16 5Q
100,000
2,000,000
$ 4,756,390
$ 6,667
3.333
167
3,297
667
667
167
26,994
1.316
667
167
167
1,667
33,333
S 79.273
S 50.000 $ 833
113,496 9 1,892
$ 163,496
$ 2,725
23.37 171.63
11.70 3.90
11.70 �11 15
$ 233.45
$ 4.69
2.32 0.89
0,38
0.44 1.46
xxxxxxxxxx
11,320,000
9,693,600
660,816
220,272
660,816
630.000
$ 13,185,504
$ 265,000
131,000
50,000
xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
$ 10.18 $ 446,000
$ 7.08
3.54 0.18
3,50
0.71 0.71
0.1 s
28.68 1.40
0.71 0.18
0.18 1.77
35.41 $ 84.21
$ 0,89
2.01 $ 2.89
$ 400,000
200.000
10,000
197,800
40,000
40,000
10,000
1,619,643
xxxxxxxxxx
xxxxxxxxxx
40,000
10,000
10,000
100,000
1,400,000
$ 4,077,443
xxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxx
Totals $ 21,363,542 $ 356,059 $ 378.25 $ 17,708,947
Rev. 5/12/19
SOURCES & USES
Vine Creek Apts.
Temecula, CA
CONSTRUCTION PHASE
Sources of Funds
L0:11RI1LMIZIEli.►334
Sources of Funds
Tax Credit Financing
$
3,302.708
Total Tax Credit Financing
City Land Loan
$
700,000
Permanent Loan
City Impact Fee Loan
$
698,281
City Land Loan
City Capital Loan
$
1.301.719
City Impact Fee Loan
Other
$
-
City Capital Loan
Other
$
-
Other
Deferred Costs
$
163,495
Other
Deferred Contractor Profit
$
-
Other
Deferred Developer Fee
$
2.000.000
Other
Construction Loan
$
13,197,338
Other
Total Sources of Funds
$