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HomeMy WebLinkAboutAgenda Packet - April 04, 2006 - CCAGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, DIRECTOR OF PUBLIC WORKS BY: ROY BRUCKNER, PROJECT MANAGER VIA: F.M. DELACH, CITY MANAGER►�o DATE: APRIL 3, 2006 SUBJECT: FINAL TRACT MAP NO. 54057-02 TAYLOR WOODROW - ROSEDALE RECOMMENDED ACTION It is recommended that the City Council act as follows: 1. Make the following findings: a. That this project complies with the Azusa General Plan and Monrovia Nursery Specific Plan, and is consistent with the approved tentative map and any amendments thereto. b. That, pursuant to Section 66436(a)(3) (A) (i -vii) of the Subdivision Map Act, the City Council finds that the development of the property, in the manner set forth on the subject division of land, will not unreasonably interfere with the free and complete exercise of the easements held by Covina Irrigation Company and accepts the map without the signatures of said easement holders, 2. Approve and accept the dedications as offered on the Map, 3. Approve and authorize the City Manager to execute the Agreement for Completion of Public Improvements on file with the City Clerk, 4. Accept the Improvements Performance Bond of $469,290, Labor and Materials Bond of $234,645, and Monument Security Bond of $2,300, on file with the City Clerk. 5. Approve Final Tract Map No. 54057-02, but withhold signature on the Final Map until the CFD is formed, and 6. Authorize the City Clerk to endorse after the CFD is formed, on the face of the Map the certificate, which embodies the approval of said map and acceptance of dedications. BACKGROUND This Final Map involves the subdivision of that portion of the Rosedale project that represents the extension of the Nob Hill neighborhood. It is owned by Taylor Woodrow Homes, and represents a portion of the Park 7200 Neighborhood, which will feature high-end homes. Vesting Tentative Tract Map 54057 and Tentative Tract Map 62150 have previously subdivided this area, and all related conditions of approval apply. 00, 9k66494__ The Final Map involves 28 residential lots, 9 common open space lots, and two streets. All appropriate adjustments have been made to the street widths in compliance with Fire Department requirements. The Final Map proposes to dedicate Hibiscus Ave. and Viewcrest Dr. and related easements to the City. Adequate improvement bonds have been posted to guarantee the completion of the street improvements as required, including an Improvement Performance Bond in the amount of $469,290, a Labor and Materials bond in the amount of $234,645, and a Monument Security Bond in the amount of $2,300, all issued by Travelers Casualty and Surety Company of America. COMPLIANCE WITH CONDITIONS OF APPROVAL This Final Map is subject to conditions of approval imposed on the original entitlements. A review of compliance with these conditions of approval has been undertaken. All of the applicable conditions of approval have been substantially met. Those conditions that require special consideration are discussed below. 1. Condition #7 - Preparation of Bus Circulation Plan. Repeated attempts by ALP and Staff at contacting Foothill Transit Staff concerning potential expanded bus routes into the project have not been successful. The Bus Circulation plan must be submitted by ALP before the next final map is considered for approval. 2. Condition # 19 - Subdivider to make irrevocable of to dedicate adjacent hillside open space to the City. This dedication would be offered to the City by separate instrument, not by recordation of this Final Map. However, Staff believes that accepting this dedication may be too early in the process, as responsibility for maintenance cost and liability would be a major consideration. Delay of acceptance of the hillside open space would be advantageous to the City. 3. Condition #27 - City Engineer to approve final design of Sierra Madre Ave roundabouts. The final design is part of the Sierra Madre Ave. street improvements, which have been in plan check, and are almost complete. Because this Final Map does not rely on access to Sierra Madre Ave., Staff supports deferring this matter to the next final map approval. 4. Condition # 28 - Land to be dedicated for a fire station in lieu„of Fire Impact Fees The parcel of land to be dedicated for a fire station is located at the opposite end of the project area, near the existing fire station, and is not ready to be dedicated. However, the Subdivider has an agreement in place with the Fire Department, binding them to the dedication of the parcel and construction of the fire station. Staff believes that the intent of this condition to secure the dedication and construction of the fire station has been met. COMMUNITY FACILITIES DISTRICT FORMATION The proper sequence for undertaking a project of the magnitude and complexity of the Rosedale project involving a Community Facilities District is to form the District prior to final map recordation, to ensure that formation occurs when the site is under a single ownership. In this case, the formation of the District is targeted for April and May. However, in order to maintain forward progress on the project there is a need for Final Map approval on Tract 54057-02. It is requested that the City Council approve the Final Map, but withhold signature so that it cannot be recorded, until the CFD is formed. The City Attorney has concurred with this approach. The designated City Engineer has completed final checking procedures for the final map and has found that it is in substantial conformance with the State Subdivision Map Act, City of Azusa requirements, Vesting Tentative Map 54057, Tentative Map 62150, and related conditions of approval. With the technical review having been completed, and the map meeting State and City requirements, the Council's approval would be a ministerial action. 2 FISCAL IMPACT The fiscal impact of the Rosedale project was analyzed in a Fiscal Impact Study. This approval is another step in the implementation of the Rosedale project. LETTER OF TRANSMITTAL To: City of Azusa 213 E. Foothill Blvd Azusa, CA 91702 ATTN: Roy Bruckner SENT TO YOU VIA: ❑ Mail No. of Copies ❑ Email No. of Originals 1 1 BF F " I CONSULTING RECEIVED MAR 2 3 2006 R DE__A,r:.LOPivIENTAGENCY DATE: 3/23/2006 RBF JOB No: 10-104617 REFERENCE: DESCRIPTION: ❑ Your Pick -Up ❑ Overnight Delivery (Carrier) ® RBF Messenger ❑ Messenger (Other Courier) DESCRIPTION Rosedale Tract No. 054057-2 Subdivision Agreement & Bonds Agreement for Completion of Public Improvements Tract 054057-2 Tract Map No. 54057-02 Improvements Performance Bond in the amount of $469,290.00 Tract Map No. 54057-02 Improvements Labor and Materials Bond in the amount of $234,645.00 Tract Map No. 54057-02 Improvements Monument Security Bond in the amount of $2,300.00 SENT FOR YOUR: E Approval ❑ Review ❑ Comments ❑ Per Your Request ❑ Files ❑ Signature ❑ Use ❑ Information ❑ REMARKS: The above -referenced items are submitted for approval. If you have any questions or need additional information, please feel free to call me at (949) 472-3427. Thank you. RBF CONSULTING BY: X/ &W 1 a Kimberly Comacho Project Coordinator Land Development COPIES TO: Rola Ann Nicasio, Taylor Woodrow Jeff Okamoto, RBF File 10-103800, Chron PLANNING 0 DESIGN ■ C❑NSTRUCTI❑N 14725 Alton Parkway, Irvine, CA 92618-2027 ■ P.O. Box 57057, Irvine, CA 92619-7057 a 949-472.3505 ■ Fax 949,472.8373 Offices located throughout California, Arizona & Nevada a www.RBF.com puilc7 m rrtCYCW6 WPB' RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: CITY OF AZUSA 213 E. FOOTHILL BLVD. AZUSA, CA 91702 ATTN: SPACE ABOVE THIS LINE FOR RECORDER'S USE Excmpt From recording fee, MG_ ovemmeet Code Section 6103 CITY OF AZUSA, CALIFORNIA By: City Clerk AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT NO. 054057-2 between CITY OF AZUSA a California municipal corporation and TAYLOR WOODROW HOMES, INC. a California limited liability corporation ORANGE\MXM\21759.1 AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS PARCEL/TRACT MAP NO. 54057-02 I. PARTIES AND DATE. This Agreement for the Completion of Public Improvements ("Agreement") is entered into as of this 17th day of March, 2006 by and between the City of Azusa, a California municipal corporation ("City") and Taylor Woodrow Homes, Inc. a California limited liability corporation with its principal office located at 15 Cushing, Irvine, CA 92618-4220 ("Developer"). City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." II. RECITALS. A. Developer has heretofore submitted to City an application for approval of a tentative tract map for real property located within City, a legal description of which is attached hereto as Exhibit "A" ("Property"), and which is identified in City records as Tract Map No. 54057 ("Tract No. 54057"). B. Developer's application for a tentative tract map for Tract No. 054057-2 was deemed complete on February 3, 2003. On February 3, 2003, the Azusa City Council conditionally approved Developer's application for a tentative tract map for Tract No.054057-2. C. Developer has not completed all of the work or made all of the public improvements required by the applicable provisions of the City's Municipal Code, the Subdivision Map Act (Government Code sections 66410 et seg.) ("Map Act"), the conditions of approval for Tract No. 54057, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land. D. Pursuant to Section 66-4650) of the City's Municipal Code and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefore, acceptable to the City Engineer and City Attorney, for Tract No. 054057-2. E. Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final map for Tract No. 054057-2. III. TERMS. 1.0 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder's Office of the County of Los Angeles; (c) the City Council of the City ("City Council") approves the final map for Tract No. 054057-2 and (d) Developer records the final map for Tract No. 054057-2 in the Recorder's Office of the County of Los Angeles. If the above ORANGE\MXM\21759. 12 described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final map for Tract No. 054057-2. 2.0 Pu lic Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of Tract No. 54057-02, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for Tract Map No. 054057-2 ("Public Improvements"). The Public Improvements are more specifically described in Exhibit "B," which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water system. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements. 2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement. 2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful' construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property. 2.3 Pre -approval of Plans -and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement. 2.4 Quality of Work, Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other ORANGE\MXM\21759. 0 requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced. 2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement. 2.6 Alterations to Improvements. The Public Improvements in Exhibit "B" are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer's surety for this Agreement. 3.0 Maintenance.__ of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City's 'acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance. ORANGE\MXM\21759. 14 4.0 Construction Schedule. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within twelve (12) months following approval of the final map for Tract No. 054057-2. 4.1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the security required under Section 13.0 et seg. of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). Developer's acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City's reasonable discretion. 4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer's intent to abandon or otherwise not complete required or agreed upon Public Improvements. 5.0 Gmdin . Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract No. 054057- 2 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City's grading regulations. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City's approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13.0 et sem. of this Agreement. 6.0 Utilities. Developer shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract No. 054057-2 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City's jurisdictional limits. All utilities shall be installed underground. 7.0 l=ees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and ORANGE\MXM\21759. 15 any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract No. 054057-2. 8.0 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. 9.0 Default; Notice; Remedies. 9.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Notice"). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City's issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 10.0 of this Agreement. 9.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred. 9.3 Other Remedies. No action by City pursuant to Section 9.0 et Leg. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance. ORANGE\MXM\21759. 16 10.0 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney's fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law. 11.0 Acceptance of Improvements, As -Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder's Office of the County of Los Angeles a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefore. If Tract No. 054057-2 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City's acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one'(1) set of "as -built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein. 12.0 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City; for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City's acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement. ORANGE\MXM\21759. 17 13.0 Security; Surety Bands. Prior to execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below ("Security"). The amount of the Security shall be based on the City Engineer's approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping ("Estimated Costs"). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer's compliance with this provision (Section 13.0 et SeMc .) shall in no way limit or modify Developer's indemnification obligation provided in Section 16.0 of this Agreement. 13.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 8.0 et sem. of this Agreement, and to secure Developer's one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of FOUR HUNDRED SIXTY NINE THOUSAND, TWO HUNDRED NINETY Dollars ($469,290.00), which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 54057, and the total remaining security is not less than twenty-five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 12 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 54057. 13.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of TWO HUNDRED THIRTY FOUR THOUSAND, SIX HUNDRED FORTY FIVE Dollars ($234,654.00), which sum shall not be less than one hundred percent (100°/x) of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic's lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City's anticipated administrative and legal expenses arising out of such claims. 13.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best's rating of no less than A:VIII, shall be licensed to do business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney's fees and costs, incurred by City in enforcing the obligations of this Agreement. 'The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security. ORANGE\MXM\21759. 18 13.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit "C," unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit "C" and incorporated herein by this reference. 14.0 Monument Security. Prior to City's execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract No. 054057-2 in compliance with the applicable provisions of City's Municipal and/or Development Code ("Subdivision Monuments"), Developer shall deposit cash with City in the amount of TWO THOUSAND THREE HUNDRED Dollars ($2,300.00), which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract No. 54057. 15.0 Lien. To secure the timely performance of Developer's obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 13 et SeMc . and 14 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer's default on those obligations for which security has been provided pursuant to Sections 13 et M. and 14 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section. 16.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of Agency as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents. 17.0 Insurance. ORANGE\MXM\21759. 19 17.1 Types-, Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. 17.1.1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage. 17.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible. 17.1.3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with limits of not less than $1,000,000 per occurrence, at all times during which insured retains employees. 17.1.4 Professional Liabili�. For any consultant or other professional who will engineer or design the Public Improvements, liability, insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability. 17.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its ;elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shalt provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 17.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. 17.4 Primary lnsurame, Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance ORANGE\MXM\21759. 110 shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy. 17.5 Certificates, Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 17.6 Term;_ Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days prior written notice to City. 17.7 Insurer Ratin . Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII. 18.0 Signs and Advertisingr. Developer understands and agrees to City's ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal. 19.0 1Zelationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract No. 054057-2, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City. 20.0 General Provisions. 20.1 AL10101-ity to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party. 20.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 20.3 Construction, References, Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement ORANGE\MXM\21759. 111 20.3 Construction, References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 20.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: CITY: City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 Attn: DEVELOPER: Taylor Woodrow Homes 15 Cushing Irvine, CA 92618-4220 Attn: Rola Ann Nicasio Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. 20.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 20.6 Waiver. City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement. 20.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ORANGE\MXM\Z 1759. 112 representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation. 20.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 20.10 Invalidity. Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Los Angeles, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. 20.12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys' fees ("Costs"). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement. 20.13 Count e arts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. CITY OF AZUSA TAYLO O�ROW HOMES By: T By: (signature) / — signature) (print name) John Coyan City Manager V.P. of Forward Planning City of Azusa Taylor Woodrow Homes, Inc. ORANGE\MXM\21759. 113 ATTEST: By: By: F_es�en (signature) (signature) (print name) Rola Ann Nicasio City Clerk Project Manager City of Azusa Taylor Woodrow Homes, Inc. NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. ORANGE\MXM\21759. 114 ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: Individual(s) Corporate Officer(s) Partner(s) Attorney -in -Fact Trustee(s) Subscribing Witness Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) STATE OF CALIFORNIA COUNTY OF On , 200_, before me, the undersigned notary public, personally appeared , — personally known to me OR — 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. WITNESS my hand and official seal. Signature of Notary ORANGE\MXM\21759. 115 CAPACITY CLAIMED BY SIGNER: Individual(s) — Corporate VP of Forward Planning_ Officer(s) Partner(s) Attorney -in -Fact — Trustee(s) — Subscribing Witness Guardian/Conservator SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) STATE OF CALIFORNIA COUNTY OF ORANGE On 22nd of March, 2006, before me, Denise L. Gibbs, the undersigned notary public, personally appeared John Coyan , — personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my handand official seal. Signatu of Notar r,@A; DENfSE L. GRBS Commisslon # 1383025 Notary Public - California San Diego County My Comm. Expires Nov 3, 20065 ORANGE\MXM\21759. 116 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TRACT NO. 054057-2 BEING A SUBDIVISION OF LOT 1 OF TRACT NO. 062150 AS SHOWN ON A MAP THEREOF FILED IN BOOK 1311, PAGES 28 THROUGH 50 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY. ORANGE\MXM\21759. 117 EXHIBIT "B" LIST OF PUBLIC IMPROVEMENTS TRACT NO. 054057-2 Type of Improvement Page Numbers Date Approved Street Improvement Plans for Lots 1-28 1-14 1/19/2006 ORANGE\MXM\21759. 118 EXHIBIT "C" SURETY BONDS AND OTHER SECURITY - TRACT NO. 054057-2 As evidence of understanding the provisions contained in this Agreement, and of the Developer's intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto: PERFORMANCE BOND PRINCIPAL AMOUNT: $ 469,290.00 Surety: Gallagher Construction Services Attorney-in-fact: Cynthia L. Lewis Address: 580 California Street, Suite 1200 San Francisco, CA 94104-1098 MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ 234,645.00 Surety: Gallagher Construction Services Attorney-in-fact: Cynthia L. Lewis Address: 580 California Street, Suite 1200 San Francisco, CA 94104-1098 CASH MONUMENT SECURITY: $ 2,300.00 Surety: Gallagher Construction Services Attorney-in-fact: Cynthia L. Lewis Address: 580 California Street, Suite 1200 San Francisco, CA 94104-1098 Amount deposited per Cash Receipt No. Date: ORANGE\MXM\21759. 119 1:[e"ZU:7 SPECIAL MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY AZUSA LIGHT AND WATER TUESDAY, APRIL 4, 2006 719 NORTH AZUSA AVENUE 6:30 P.M. A. PRELIMINARY BUSINESS • Call to Order • Roll Call B. PUBLIC PARTICIPATION - Please note that public comments are welcomed by recognition of the Mayor. C. AGENDA ITEM SELECTION OF A MASTER DEVELOPER FOR THE DOWNTOWN NORTH AREA. RECOMMENDED ACTION: Select Watt Commercial Properties for the Downtown North project and authorize staff and the City Attorney to prepare an Exclusive Negotiations Agreement (ENA) with Watt for consideration by the Agency Board at a subsequent meeting. D. ADJOURNMENT 1. Adjourn "7n compliance with the Americans with Disabilities Act, ifyou need special assistance to participate in a city meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the meeting or time when special services are needed wik/ assist staff in assuring that reasonable arrangements can be made to provide access to the meeting" AGENCY AGENDA ITEM TO: HONORABLE CHAIRPERSON AND AGENCY BOARD FROM: BRUCE COLEMAN, DIRECTOR OF ECONOMIC & COM. DEVELOPMENT (}� ROBERT PERSON, ASSISTANT CITY MANAGER VIA: FRAN DELACH, EXECUTIVE DIRECTOR DATE: APRIL 4, 2006 SUBJECT: SELECTION OF A MASTER DEVELOPER FOR THE DOWNTOWN NORTH AREA RECOMMENDATION It is recommended that the Agency Board select Watt Commercial Properties for the Downtown North project and authorize staff to prepare an Exclusive Negotiations Agreement (ENA) with Watt for consideration by the Agency Board at a subsequent meeting. BACKGROUND The City Council recently adopted a new General Plan and Development Code which encourages Transit -Oriented Development (TOD), retail, residential, and mixed use development in order to promote Downtown revitalization. The Agency Board had previously undertaken an extensive interview process to review the qualifications of ten (10) developers for the Block 36 project located at the Southeast Corner of Foothill Boulevard and Azusa Avenue. Lowe Enterprises, Lucia Development, Urban Partners, and Watt Commercial Properties were determined to be the four leading finalists for this project. (The Agency Board subsequently selected Lowe Enterprises for the redevelopment of Block 36.) During this same general timeframe, staff had previously received expressions of interest from various developers regarding the Honorable Chairperson & Agency Board April 4, 2006 Developer Section for Downtown North Page 2 of 5 Downtown North area of Azusa, which includes the areas close to the Downtown core, the proposed Metro Gold Line Station and the Dalton/Civic Center areas. As a result, on January 23, 2006, the Agency Board held a special meeting to discuss a process for selecting a single Master Developer for the Downtown North area, with the objective of working with that developer to establish a comprehensive approach for the revitalization of the area. Following discussion by the Agency Board, the Board authorized staff to seek proposals from Lowe Enterprises, Lucia Development, Urban Partners, and Watt Commercial Properties (the top four scored developers in the Block 36 selection process described above) for the preparation of a Downtown North Strategic Development Plan and development proposals for this area of the City. The Agency Board indicated that these proposals were due on March 1 st. On January 24th, staff sent a letter to these four (4) developers asking that they submit proposals to serve as the Master Developer for Downtown North. The developers were asked to submit their Conceptual Design and Proposed Approach, together with additional information requested by the City staff. Staff informed the developers that the Agency had established the following development objectives and parameters for the Downtown North project: ➢ The City is seeking a Master Developer for the Downtown North area who could attract significant new private sector reinvestment in the area. Following developer selection, the Master Developer could either develop the area on its own or could bring in other specialized builders for various components of the project; ➢ The City is seeking the development of significant national and regional retail uses at suitable locations within Downtown North; ➢ The City is seeking the development of TOD-related uses in the vicinity of the Metro Gold Line station and at other suitable locations in Downtown North. ➢ The City is seeking the development of a new Public Library to serve the Azusa community. The location of the Library has not been determined but could include the Dalton site or another suitable location. The City is particularly interested in promoting a creative public/private partnership for the development of the new Library. ➢ The City is interested in the development of an affordable senior housing project in Downtown North; ➢ The City is seeking proposals which will develop practical solutions to parking issues in the area. Honorable Chairperson &Agency Board April 4, 2006 Developer Section for Downtown North Page 3 of 5 ➢ The City's goal is to preserve and enhance the Civic Center as a major centerpiece for the Downtown. ➢ The City is seeking proposals which would identify commercial and other buildings which should be retained and would lead to the creation of a facade improvement program to enhance existing buildings at suitable locations; ➢ The City is not seeking to include existing single family houses within the boundaries of Downtown North unless the owners agree to allow their properties to be included. ➢ The Agency is not seeking to acquire all of the properties in Downtown North. Rather, the City is interested in encouraging significant new private sector reinvestment at suitable locations. In order to encourage "outside the box" thinking, the Agency Board did not indicate specific boundaries for the Downtown North area but it was determined that the area should generally include those areas in the vicinity of the proposed Metro Gold Line station, the Downtown core, and the Dalton/Civic Center area. The Agency indicated that each developer should define the proposed area in their submittal to the City. On March 1st, the staff received proposals from three (3) of the short listed developers: 1. Lowe Enterprises; 2. Urban Partners; and 3. Watt Commercial Properties. Each of these firms made presentations to the Agency Board on March 13th. The next step in the process would be for the Agency Board to select the Master Developer at its meeting on April 4th and to direct the City staff to prepare an Exclusive Negotiations Agreement (ENA) with the selected developer for subsequently consideration by the Board. In order to assist with this process, staff has reviewed each of the three developer proposals based on the following major selection criteria: ➢ Substantial experience in attracting national and regional retailers; ➢ Substantial financial strength and ability to obtain significant private financing for complex development projects; ➢ Strong experience in the development of TOD and/or mixed use projects and in developing large, complex projects; Honorable Chairperson & Agency Board April 4, 2006 Developer Section for Downtown North Page 4 of 5 ➢ Direct experience in establishing public/private partnerships which could include development of public buildings such as libraries and/or senior housing; ➢ Strong interest and commitment of resources by the Master Developer to the project; ➢ The developer's proposed Concept Plan and proposed approach to the development of Downtown North; ➢ The nature of the Master Developer's team, including the design team, and financing partners. ➢ The developer's ability to integrate the Downtown North area through the Concept Plan with the various Downtown components, including the Metro Gold Line Station, Civic Center, Dalton Site, Block 36 and Azusa Pacific University. ➢ The developer's proposed conceptual approach to the development of a public library and responsive to the development objectives and parameters. ➢ The developer's proposed phasing program. As a result of the Council presentations, supplemental information submitted and meetings to more clearly understand the proposals, staff has determined the following: Although the City would benefit greatly by selecting any of the three proposals, the most conceptual in nature and least specific of the three proposals was made by Urban Partners. Subsequent to the Council presentations, Urban Partners submitted supplemental information they felt was necessary for the staff and Council to consider as part of their proposal (see Attachment #1) When comparing the remaining two, Lowe Enterprises and Watt Commercial Properties, staff felt that given the city's urgency to quickly expand and diversify its sales tax base, Watt Commercial Properties' presented a more aggressive stance on retail development. Therefore, staff is recommending Watt Commercial Properties for this project due to a combination of its substantial experience in attracting national and regional retailers, its strong focus on establishing an integrated retail strategy as part of the broader Downtown renewal efforts, its proven track record of developing mixed use projects, and its financial strength. Staff is recommending that the Agency Board select Watt Commercial Properties as the Master Developer for Downtown North and direct staff to prepare an Exclusive Negotiations Agreement (ENA) with Watt Commercial Properties for consideration by the Board at a subsequent meeting. Honorable Chairperson &Agency Board April 4, 2006 Developer Section for Downtown North Page 5 of 5 FISCAL IMPACT There is no direct fiscal impact as a result of this action. The actual project fiscal impact will be identified at the time that the Disposition and Development Agreement is negotiated. URBAN PARTNERS LLC INVESTMENT PLANNING DEVELOPMENT MANAGEMENT March 27, 2006 Honorable Mayor and City Council Members Mr. Bruce Coleman Mr. Robert Person City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702-2550 Re: City of Azusa Downtown North Strategic Development Plan Honorable Mayor and Council Members: PAUL N. KELLER, PRINCIPAL DANIEL A. ROSENFELD, PRINCIPAL MATTHEW N. BURTON, PRINCIPAL IRA E. YELLIN (1940-2002), PRINCIPAL JOHN L. HROVAT, MANAGING DIRECTOR THE BRADBURY BUILDING 304 S. BROADWAY, SUITE 400 LOS ANGELES, CALIFORNIA 90013 213-437.0470 TEL 213.437-0474 FAX www.urbanpartncrsllc.com AzUSA DOWNTOWN PARTNERS continues to be extremely interested in working with the City of Azusa to make downtown Azusa a welcoming and thriving downtown. Our proposal for downtown Azusa is a very viable and thoughtful plan, but can only be put into place and made successful through an appropriate community outreach program and by working through development scenarios with Council, Staff and members of the community. As we proposed on March 13, 2006, our plan includes districts containing a civic center core, a transit core and a main street retail core with interconnecting links. Our plan includes thoughtful integration of existing buildings and their associated uses. The exact amount of development will, of course, depend on the land area that is acquired. The overall project could be much larger or much smaller depending on the joint efforts to acquire sites. However, we are ready to begin development now on the sites the City controls and to work with you to expand the project scope. Our development plan presented on March 13 consists of the following characteristics: Residential Units: 450+ residential units, including village scale condominium / townhouse units and senior housing Retail Space: Approximately 100,000 square feet of new retail space including restaurants, entertainment and services Library: 40,000+ square feet, we will work with the City to ensure that a fully improved library will be delivered instead of a building shell. Parking: 265 civic center parking spaces 504 retail parking spaces 900 residential parking spaces 1,669 total parking spaces Parking Notes: Civic center parkin E includes City Hall, Senior Center, Library, Cultural Center, and Police (partial) parking which will be consolidated into a new civic center parking structure. Replacement parking for the Light and Water building will be accommodated within the (retail) parking structure at Foothill Boulevard and San Gabriel Boulevard. Retail parkins includes structured parking at the corner of Foothill Boulevard and San Gabriel Boulevard. This will serve Azusa Avenue retail as well as the walking paseo retail shops at the Retail Alley. We would also encourage some street parking as a street calming mechanism. Residential parking will be provided on site within each respective residential development project. Other retail parkins will be provided on site at each of the mixed use projects. Transit District parking will be studied in connection with the City's goals and objectives. In our transit experience in other cities, many cities will encourage more commercial development with reduced parking requirements recognizing that many retail visitors will ride transit to get to the commercial district. Again, AzusA DOWNTOWN PARTNERS is ready to work with you to begin the transformation of downtown Azusa to realize its full potential. We bring a strong team with real and relevant experience and look forward to sharing it with the City of Azusa. Please recognize, once again, that no one can commit to the exact size of the project until the land assembly process commences. What we can commit to is to engage, listen and work closely with the community in a "community-based" development process. We look forward to our next meeting and the opportunity to answer any further questions you may have. spectfully, Dan Rosenfeld Principal cc: Marsha Rood ohn Hrovat Managing Director t V ‘ ,„:„,„- AZUSA CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CATHY A. HANSON, DIRECTOR OF HUMAN RESOURCES VIA: F.M. DELACH, CITY MANAGER4r0 DATE: APRIL 3, 2006 SUBJECT: REQUEST FOR LEAVE OF ABSENCE WITHOUT PAY-ACCOUNT SPECIALIST I RECOMMENDATION It is recommended that the City Council grant the request for a Leave of Absence without pay beginning March 13, 2006 through July 16, 2006, in accordance with Azusa Civil Service Rules, Section 6.8, Subsection 6.8.1. BACKGROUND Azusa Civil Service Rules, Section 6.8 - Leave of Absence without Pay, states that the City Council, upon recommendation of the City Manager, may grant a leave of absence without pay to any employee for a period not to exceed one year. Ms. Lorusso is requesting the leave for medical reasons. FISCAL IMPACT There is no fiscal impact. MEMO TO: The Honorable Mayor Diane Chagnon and the Azusa City Council FR: Elizabeth Lorusso, Account Specialist I, Community Development, Business License Division DATE: March 27, 2006 RE: Leave without Pay Request I am requesting leave without pay, commencing on March 13, 2006, as my leave balances have run out. I am expecting twins and my doctor has recommended complete bed rest prior to my due date. My expected due date is May 20, 2006. I am requesting to continue my absence until 8 weeks post partum from that date. I thank you for your consideration and look forward to your response. With Respect, Elizabeth G. Lorusso Account Specialist I Community Development Business License Division AZUSA INFORMATIONAL ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD FROM: CATHY HANSON, DIRECTOR OF HUMAN RESOURCES VIA: F.M. DELACH, CITY MANAGER4n7 DATE: APRIL 3, 2006 SUBJECT: REDEVELOPMENT AGENCY PERSONNEL ACTION ITEMS STEP INCREASERECOMMENDATIONS-The Director of Redevelopment has submitted a Performance Appraisal for the following employee (s) and is granting a merit increase as noted. NAME CLASSIFICATION EFFECTIVE RANGE/STEP MONTHLY DATE SALARY Stephanie Hernandez Senior Office Specialist 11/20/05 4158/4 $3,312.69 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved departmental budgets //;/°"‘ gM//f, .