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102203 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 houm prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 22, 2003 - 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Sections: 1. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(c) with respect to one matter of whether to initiate litigation. With respect to this matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. 2. Conference with City Attorney and legal counsel pursuant, to Government Code Section 54956.8 concerning real property negotiations for property located at the following locations: APN 922-032-0t5 (Freeman); APN 922-041-008, 009, 010 (Moramarco); APN 922-041-014 (Timberlake); APN 922-034-032, 033, 034 (Dalton); APN 922-032-024 (Chilcote). The City negotiators are Shawn Nelson, Jim O'Grady, and John Meyer. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Mayor Jeff Stone Eve Craig Pastor Randy Ponder, Lamb of Life Councilman Comerchero Comerchero, Naggar, Pratt, Roberts, Stone Next in Order: Ordinance: No. 2003-12 Resolution: No. 2003-140 R:~Agenda\102203 1 PRESENTATIONS/PROCLAMATIONS Domestic Violence Awareness Month Proclamation Breast Cancer Awareness and Race for the Cure Proclamation National Immiqrants Day Proclamation West Nile Presentation Federal Leqislation Update by David Turch PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter no.~t listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CiTY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 R:~,genda\102203 Minutes RECOMMENDATION: 2.1 Approve the minutes of August 28, 2003; 2.2 Approve the minutes of September 16, 2003. 2 3 4 5 6 7 Resolution approvin,q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 03-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of August 31, 2003. Authorization to Execute the Supplemental A.qreement for the Fiscal Year 2003-04 Community Development Block Grant Funds RECOMMENDATION: 5.1 Authorize the Mayor to execute the Supplemental Agreement for Fiscal Year 2003- 04 Community Development Block Grant Funds. Community Services Fundin.q Proqram RECOMMENDATION 6.1 Review and approve the 2003-04 Community Service Funding Program grants per the table outlining the committee's recommendations of $128,000 to 43 organizations; 6.2 Approve an appropriation of $16,000 from the General Fund Undesignated Fund Balance. Accept the Declaration of Dedication and execute the Quitclaim Deed whereby City qrants to Riverside County Flood Control and Water Conservation District (RCFC&WCD) a drainaqe easement for Marqarita Road Storm Drain, Line I RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE DECLARATION OF DEDICATION AND EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT R:~,genda\102203 3 8 9 10 (RCFC&WCD) A DRAINAGE EASEMENT FOR MARGARITA ROAD STORM DRAIN, LINE I Acceptance of an Easement Deed for Drainaqe Purposes North of Lot "A" (Murrieta Hot Sprin.qs Road) of Tract Map 29353-1 in the Roripau.qh Ranch Subdivision RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN EASEMENT DEED FOR DRAINAGE PURPOSES NORTH OF LOT "A" (MURRIETA HOT SPRINGS ROAD) OF TRACT MAP 29353-1 IN RORIPAUGH RANCH SUBDIVISION Acceptance of Offer of Dedication (TR3552 - Lot 14) - Road Purposes on La Paz Street RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES FOR LA PAZ STREET, BUT NOT ACCEPTING THAT PORTION OF STREET INTO THE CITY MAINTAINED STREET SYSTEM AT THIS TIME California Inteqrated Waste Manaqement Board - Waste Tire Track and Other Recreational Surfacin.q Grant Pro.qram Application RECOMMENDATION: 10.1 Authorize City Staff to apply for grant funding from the California Integrated Waste Management Board to partially offset the costs of installing artificial playing fields at the new Sports Complex to be constructed at Pechanga Parkway and Deer Hollow Way; 10.2 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR GRANT FUNDS SUPPORTING THE INSTALLATION OF R:~,genda\102203 4 ARTIFICIAL PLAYING FIELDS AT THE NEW SPORTS COMPLEX 11 John Warner Road Assessment District Improvements - PW02-07, Construction Contract Amendment RECOMMENDATION: 11.1 Approve Amendment Number 1 to the Assessment District 03-04 (John Warner Road) Street and Storm Drain Improvement Project - Construction Contract with McLaughlin Engineering and Mining, Inc., Project No. PW02-07, for an amount of $32,012.00 and authorize the Mayor to execute the amendment. 12 Amendment No. 1 to Annual Citywide Routine Maintenance Contract RECOMMENDATION: 12.1 Approve Amendment No. 1 to the Annual Citywide Routine Maintenance Contract with Walter K. Becker (dba, Becker Engineering) for an amount of $100,000 and authorize the Mayor to execute the amendment. 13 Amendment No. 1 to Annual Citywide Routine Maintenance Contract RECOMMENDATION: 13.1 Approve Amendment No. 1 to the Annual Citywide Routine Maintenance Contract with Imperial Paving Company, Inc. for an amount of $100,000 and authorize the Mayor to execute the amendment. 14 Linfield Christian School - Approval of Subdivision Improvement Aqreement and Acceptance of Bonds for Pauba Road Improvements RECOMMENDATION: 14.1 Approve the Subdivision Improvement Agreement; 14.2 Accept the Faithful Performance Bond and Labor and Materials Bond as security for the agreement. 15 Acceptance of an Irrevocable Offer of Dedication of Grant of Sewer Easement within Lots 4 and 5 of Tract Map No. 23143-F in the Crowne Hill Subdivision RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF SEWER EASEMENT WITHIN LOTS 4 AND 5 OF TRACT MAP NO. 23143-F R:~Agenda\102203 5 16 Acceptance of Irrevocable Offers of Dedication of Grant of Storm Drain Easements within Various Tract Phases of the Crowne Hill Subdivision (Tract Map No. 23143) RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOTS 85, 86, 115 OF TRACT MAP NO. 23143-6 16.2 Adopta resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOTS 54, 55, 56, 57, 58 AND 106 OF TRACT MAP NO. 23143-8 16.3 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 106 OF TRACT MAP NO. 23143-8 16.4 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 104 OF TRACT MAP NO. 23143-9 16.5 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 134 OF TRACT MAP NO. 23143-9 R:~Agenda\102203 6 16.6 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 44 OF TRACT MAP NO. 23143-10 16.7 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 104 OF TRACT MAP NO. 23143-11 16.8 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOTS 4 AND 5 OF TRACT MAP NO. 23143-F 16.9 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 103 OF TRACT MAP NO. 23143-F 17 Request to Remove Speed Undulations - Calle Pina Colada RECOMMENDATION: 17.1 Approve the removal of the speed undulations on Calle Pina Colada between La Serena Way and Del Rey Road. 18 Grant Approval of a Waterline Easement to Rancho California Water District RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING OF A THIRTY FOOT (30') WIDE R:~Agenda\102203 7 WATERLINE EASEMENT FOR WATER UTILITY PURPOSES TO RANCHO CALIFORNIA WATER DISTRICT 18.2 Authorize the City Clerk to forward the easement deed to the Rancho California Water District for acceptance who will then forward to the County of Riverside for recordation. 19 Tract Map No. 29639-2, located south of Date Street and west of Mar.qarita Road within the Harveston Specific Plan RECOMMENDATION: 19.1 Approve Tract Map No. 29639-2 in conformance with the Conditions of Approval; 19.2 Approve Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bond as security for the agreement; 19.3 Approve Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 20 Cooperative Aqreement between the City of Temecula and County of Riverside for the Desiqn and Construction of a Traffic Siqnal and Safety Liqhtin.q at the Intersection of Winchester Road and Willows Avenue RECOMMENDATION: 20.1 Approve the Cooperative Agreement for the design and construction of a traffic signal and safety lighting at the intersection of Winchester Road and Willows Avenue; 20.2 Authorize the Mayor to sign the agreement after review and approval by the City Attorney; 20.3 Authorize an appropriation from the General Fund Reserves in the amount of $82,750 for the City's twenty-five percent (25%) share of the construction cost. 21 Temecula Citizen Corps Grant Fundinq - Equipment Purchase RECOMMENDATION: 21.1 Increase estimated Grant Revenue by $5,000; 21.2 Appropriate $5,000 to Police Department budget from Grant Revenue for the purchase of a Laptop Computer, LCD Projector, and Digital Camera for the Temecula Citizen Corps program. RECESS CiTY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND TEMECULA PUBLIC FINANCING AUTHORITY R:~Agenda\102203 8 ITEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2003-01 Resolution: No. CSD 2003-18 CALL TO ORDER: President JeffComerchero ROLL CALL: DIRECTORS: Naggar, Pratt, Roberts, Stone, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item no.~t on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1. Minutes RECOMMENDATION: 1.1 Approve the minutes of August 26, 2003; 1.2 Approve the minutes of September 16, 2003; 1.3 Approve the minutes of September 23, 2003. 2 Completion and Acceptance of Construction Contract for the Rancho California Sports Park ADA Access, Proiect No. PW02-06CSD RECOMMENDATION: 2.1 Accept the project, Rancho California Sports Park ADA Access, Project No. PW02-06CSD, as complete; R:~Agenda\102203 9 2.2 File a Notice of Completion, release the Performance Bond, and accept a twelve (12) month Maintenance Bond in the amount of 10% of the contract; 3 4 2.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. Grant of Easement in Favor of Southern California Edison to Supply Power to a Rancho California Water District Well Site RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT AUTHORIZING THE GRANT OF EASEMENT FOR ELECTRICAL SUPPLY SYSTEMS TO SOUTHERN CALIFORNIA EDISON COMPANY TO SUPPLY POWER TO A WELL SITE (WITHIN THE RANCHO CALIFORNIA SPORTS PARK NEAR THE ENTRANCE AT MARGARITA ROAD) 3.2 Authorize the City Clerk to forward the executed Grant of Easement to the County Recorder's Office for recordation. Grant of Easement in Favor of Southern California Edison in Order to Supply Power to a Personal Communications Services Facility RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. CSD 003- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUTHORIZING THE GRANT OF EASEMENT FOR ELECTRICAL SUPPLY SYSTEMS TO SOUTHERN CALIFORNIA EDISON COMPANY TO SUPPLY POWER TO A PERSONAL COMMUNICATIONS SERVICES FACILITY (WITHIN THE RANCHO CALIFORNIA SPORTS PARK NEAR THE ENTRANCE AT MARGARITA ROAD) 4.2 Authorize the City Clerk to forward the executed Grant of Easement to the County Recorder's Office for recordation. R:~Agenda\102203 10 5 Acceptance of Landscape Bonds and A.qreements for Tract Map No. 29639-2 - Harveston LLC 6 RECOMMENDATION: 5.1 Accept the agreement and surety bonds from Harveston, LLC to improve the perimeter slopes and parkways along Date Street and Ynez road within Tract Map No. 29639-2; 5.2 Accept the agreement and surety bonds from Harveston, LLC to improve the landscaped medians on Date Street and Ynez road within Tract Map No. 29639- 2; 5.3 Accept the agreement and surety bonds from Harveston, LLC to improve the perimeter slopes along the interior Loop Road within Tract Map No. 29639-2; 5.4 Accept the agreement and surety bonds from Harveston, LLC to improve the Community Park within Tract Map No. 29639-2. Acceptance of various Landscape Easement Deeds within the Crowne Hill Development - Tract Map Nos. 23213-6, -7, -9, -10, -11, and Final RECOMMENDATION: 6.1 Accept landscape easement deeds from Lenone, Inc., a Virginia Corporation for the maintenance of perimeter/slope landscaping within Tract Map Nos. 23143- 10, and 23143-11; 6.2 Accept landscape easement deeds from PCClll - Crowne Hill, LLC, a Delaware Limited Liability Company for the maintenance of perimeter/slope landscaping within Tract Map Nos. 23143-6 and 23143; 6.3 Accept landscape easement deeds from KB Home Coastal Inc. a California Corporation for the maintenance of perimeter/slope landscaping within Tract Map Nos. 23143-7 and 23143-9; 6.4 Authorize the City Clerk to record the Easement Deed. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, October 28, 2003, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\102203 11 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2003-01 Resolution: No. RDA 2003-17 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. Cf you decide to speak to the Board of Directors on an item no~t on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 26, 2003; 1.2 Approve the minutes of September 16, 2003; 1.3 Approve the minutes of September 23, 2003. 2 Second Amendment to the Professional Services Aqreement with Keyser Marston Associates to Provide Fiscal Analysis of Aqency Projects RECOMMENDATION: 2.1 Approve the Amendment No. 2 to the Professional Services Agreement with Keyser Marston Associates (KMA) to provide fiscal analysis for the not to exceed amount of $25,000 and authorize the Executive Director of the Agency to execute the Amendment. R:~Agenda\102203 12 3 Old Town Billboard Annual Chanqe Outs RECOMMENDATION: 3.1 Approve a $5,200 Billboard Change-out Agreement with Lamar Advertising Company for the Old Town Billboard located on the Interstate 15 Freeway. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, October 28, 2003, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\102203 13 TEMECULA PUBLIC FINANCING AUTHORITY CALL TO ORDER: Chairperson Jeff Stone ROLL CALL AGENCY MEMBERS: PUBLIC COMMENTS Next in Order: Ordinance: No. TPFA 2003-02 Resolution: No. TPFA 2003-19 Comerchero, Naggar, Pratt, Roberts, Stone A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item no~t on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of September 23, 2003. RECONVENE CITY COUNCIL MEETING JOINT CITY COUNCIL/TEMECULA PUBLIC FINANCING AUTHORITY PUBLIC HEARING Any person may submit written comments to the Temecula Public Financing Authority before a public hearing or may appear and may be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. R:~Agenda\102203 14 2 Actions mlatincl to acceptance of a Deposit and Initial Actions related to proceedinClS to form a Community Facilities District (Harveston II) RECOMMENDATION: 2.1. That the City Council adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEPOSIT/REIMBURSEMENT AGREEMENT - HARVESTON II 2.2 That the Authority adopt a resolution entitled: RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO - HARVESTON II 2.3 That the Authority adopt a resolution entitled: RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN - HARVESTON II 2.4 That the Authority adopt a resolution entitled: RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) RECESS CITY COUNCIL MEETING EXECUTIVE DIRECTOR'S REPORT BOARD MEMBERS' REPORTS ADJOURNMENT R:~,genda\102203 15 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 22 Adoption of the Western Riverside County Multiple Species Habitat Conservation Plan RECOMMENDATION: 22.1 Continue the public hearing off calendar. COUNCIL BUSINESS 23 Roripauqh/Johnson Ranch Trails Master Plan RECOMMENDATION: 23.1 Approve an increase of $30,000 to the County Contribution Revenue; 23.2 Approve an appropriation of $35,230 from County Contribution Revenue ($30,000) and Open Space and Trails Development Impact Fees ($5,230) to the Roripaugh/Johnson Ranch Trails Master Plan Project; 23.3 Authorize the Mayor to execute a professional services agreement in the amount of $57,481 with Kawasaki, Theilacker, Ueno and Associates (KTU+A) for a Trails Master Plan of the Roripaugh and Johnson Ranch Open Space; 23.4 Authorize the City Manager to approve change orders not to exceed a contingency in the amount of $5,748, which is equal to ten percent (10%) of the contract amount. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular City Council meeting, Tuesday, October 28, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\102203 16 PRESENTATIONS & PROCLAMATIONS ITEM 1 ITEM 2 MINUTES OF AN ADJOURNED REGULAR JOINT CITY COUNCIL/PUBLIC TRAFFIC SAFETY COMMISSION WORKSHOP AUGUST 28, 2003 CALL TO ORDER The City Council and Public Traffic Safety Commission convened in an adjourned regular joint workshop at 6:07 P.M., on Tuesday, August 28, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ROLL CALL Present: Councilmembers: Absent: Public Traffic Safety Commissioners: Absent: Absent: None. PUBLIC COMMENTS No comments. CITY COUNCIL/PUBLIC TRAFFIC SAFETY COMMISSION REPORTS Comerchero, Naggar, Pratt, and Stone Roberts Katan, Lanier, Ramos, and Connerton Wedel No comments. COMMISSION CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 24, 2003. This item was continued to the Commission's next meeting of September 25, 2003. COUNCIL CONSENT CALENDAR - SUBSEQUENT NEED ITEM 2 Acceptance of Offer of Dedication - Road and Utility Purposes for Mora.qa Road and Via Las Colinas as shown on Parcel Map No. 13466 RECOMMENDATION: 2.1 Adopt a resolution entitled: R:~Minutes\082803 1 RESOLUTION NO. 03-tt3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF RIGHT OF WAY AS SHOWN ON PARCEL MAP 13466 FOR ROAD AND UTILITY PURPOSES FOR MORAGA ROAD (LOT A) AND VIA LAS COLINAS (LOTS B AND E) BUT NOT ACCEPTING THOSE PORTIONS OF STREETS INTO THE CITY-MAINTAINED STREET SYSTEM AT THIS TIME Because the need arose after the original posting of the agenda, Assistant City Attorney Curley advised that the City Council, by way of a four-fifths vote, must make motion to approve discussion of this item. MOTION: Mayor Pro Tem Naggar moved to approve review of this item. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Roberts who was absent. MOTION: Mayor Pro Tem Naggar moved to approve the item. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Roberts who was absent. COUNCIL/COMMISSION BUSINESS 3 Consideration of Red Light Enforcement Actions RECOMMENDATION: 3.1 Hear presentations from the Police Chief and the Public Works Director/City Engineer regarding red light violations; 3.2 Discuss and provide direction regarding the Stop Light Abuse Program (SLAP) and pilot red light photo enforcement system; 3.3 After deliberation, if appropriate, form a subcommittee of two City Councilmembers and two Public Traffic Safety Commissioners to establish goals, participate in the review of other agency's programs, to assist in the development of Temecula's program, and to provide input regarding a public relations campaign; 3.4 Maintain a focused SLAP Program during the development of the pilot program. Highlighting the item, City Manager Nelson introduced Police Chief Domenoe who, by way of a PowerPoint presentation, provided an overview of the City's Stop Light Abuse Program (SLAP) as well as the enhanced enforcement efforts to address this matter, noting the following: · That 50 days of enhanced enforcement resulted in 1,114 citations · That approximately $14,000 has been expended in overtime to ensure a high level of visibility · That prior to enhanced enforcement, an average of 115 citations were written monthly. In response to the City Council and Commission, Public Works Director Hughes and Police Chief Domenoe responded as follows: R:~¥1inutes\082803 2 · That an additional motorcycle police officer would cost approximately $150,000 plus equipment cost · That the Police Department as well has been amazed that the enhanced motorcycle enforcement has not yet resulted in a reduction in the number of citations · That it has not been determined if there have been repeat offenders · That it has not been determined what percentage of offenders are city residents · That two additional motorcycle officers should, with time, assist in the reduction of issued citations · That the placement of an officer in the middle of an intersection would not be safe · That enforcement is a proven method of decreasing accidents as well as obtaining lawful behavior · That during the increased enforcement period, an officer has been located from early morning to late evening at various intersections · That only a sworn officer may write citations · That drivers must be given ample time to safely travel through the intersection; would not support the lengthening of the yellow light sequence · That information could be published daily as to how many tickets were written and where they were written · That 90% of the written citations have been for left-turn hand violations · That the top five intersections have been identified - Rancho California Road/Ynez Road, Winchester Road/Ynez Road, Winchester Road/Margarita Road, Winchester Road/Jefferson Road, and Rancho California Road/Old Town Front StreetJJefferson Road · That as per accident data, the City's most prevalent accidents are rear-end accidents and that photo enforcement could increase these types of accidents by 60% · That the issue at hand would be more of a resident frustration level versus the need to address a safer environment at these intersections · That the accidents that are occurring are not occurring because of improperly designed or improperly functioning signals but because of driver error and driver judgment. Police Sgt. Pino noted that most of the cited violators were aware of the enforcement but were impatient and that the high visibility of motorcycle officers will be a deterrent, noting that these officers could explain the violation as well as educate the driver. In response to Commissioner Lanier's comment, Public Works Director Hughes advised that past testimony would indicate that there has been a reduction in violations within three to nine months after the enforcement of red light cameras. Mayor Stone relayed his desire to retain the police presence. Commending the Police Department on a job well done, Councilman Pratt spoke in support of a public education program. Mayor Pro Tem Naggar relayed his support of additional motorcycle police officers. For City Manager Nelson, Police Chief Domenoe advised that the hiring of one or two additional officers would take approximately three months but that enhanced enforcement could be continued through supplemental overtime. As the City's population continues to increase, Mr. Domenoe noted that the City would be maintaining, with the added officers, its desired police officer-to-resident ratio and that when the need for enhanced enforcement were to level off, R:\Minutes\082803 3 these officers could be diverted to other functions. Mr. Domenoe relayed his personal opposition to the use of red light cameras and spoke in support of a public education program. Commissioner Ramos suggested that the associated violation fine be clearly visible at the intersections. Councilman Comerchero recommended the posting of additional signs, advising the drivers that the intersections are patrolled by a motorcycle police officer and echoed his support for a public education program, including driver education classes. Commissioner Katan spoke in support of the increased enforcement. For Chairman Connerton, Police Chief Domenoe clarified the point system as to how a driver may loose his/her license. Echoing the support for a public education program as well as additional police officers, Chairman Connerton suggested the use of cable television, schools, homeowner associations, and predriver education. Councilman Pratt suggested publishing the names of violators in the newspaper. Mayor Stone relayed his desire for the City to be proactive in its enforcement of laws; to continue to promote the SLAP program; to enhance public education within schools/predriver classes; and to acknowledge the drivers obeying the laws. Mr. Douglas Neligh, 29500 Mira Loma Drive, noted that the real issue of concern would be traffic congestion and suggested a short-term solution such as permissive left turns. Relaying his opposition to the installation of red light cameras, Mr. Tom Stobbo, 30396 Via Norte, commented on increasing the yellow light timing sequence and suggested the posting of additional signage at major intersections, apprising drivers that the City will cite red light abusers. Mr. Stobbo as well supported the need for public education. In an effort to address driver frustration, Mr. Fred Schoonmaker, 38572 Corbett Canyon Circle, suggested the correlation of traffic lights such that if a driver were to maintain a certain speed, the driver would avoid any red lights, which, in turn, would as well address speeding issues. Mayor Stone spoke in support of Mr. Schoonmaker's suggestion. Commenting on the synchronization issue, Public Works Director Hughes advised that the inconsistencies in synchronization are a result of Caltrans; that staff has attempted to communicate with Caltrans, although to no avail, with regard to synchronizing Caltrans traffic signal with the City's signals; and that the City's signals are synchronized. City Manager Nelson further commented on the City's efforts to take over the responsibility of SR 79 north and south and advised that the City Council, to further address the issue, had approved a full time position for a traffic signal technician. Having reviewed a list of traffic timing signals within the City, Councilman Pratt relayed his observation, contributing limited fault to timing but reiterated the need for a community education program. R:\Minutes\082803 4 For Councilman Comerchero, Public Works Director Hughes advised that because of the operation of the freeway, Caltrans would continue to maintain signal timing control at Rancho California Road and maintenance of the ramp signals but that the City will continue to communicate with Caltrans in an effort to receive cooperation. In response to Mayor Pro Tern Naggar, Public Works Director Hughes noted that previously approved road improvements as well as the ability to provide options to the drivers will provide driver relief. Addressing Chairman Connerton's comments with regard to traffic on the 15 freeway, it was noted that staff has been regularly communicating with Caltrans; that the completion of French Valley Interchange Project would greatly assist in that concern; and that discussions have ensued with the Border Patrol, requesting the lessening of the stacking distance. Although realizing the financial impact, Mr. Stobbo suggested the construction of bridges or possibly elevated left-turn lanes. Commending Mayor Stone for bringing this matter to the City Council/Commission attention, Mayor Pro Tem Naggar relayed his commitment to public safety; spoke in support of the addition of two motorcycle officers; supported the implementation of a public education program; and relayed his reluctancy with officers awarding good drivers with promotional items, suggesting that these promotional items be given to the violators. Echoing and supporting previously made comments, Councilman Comerchero supported the idea of providing promotional items to the violators; advised that unless it were the only possible solution to this matter, he would not support red light cameras; supported the City approving two additional motorcycle officers; and as well commented on the need for a public relations/education program. Reiterating his desire to publish the violators' names in the newspaper, Councilman Pratt spoke in support of a public education program. Mayor Stone thanked the Public Traffic Safety Commission for its support and input. Commissioner Ramos expressed his appreciation for being a part of this workshop. Speaking in support of additional enforcement, Commissioner Lanier suggested that the public education program be extended to schools, top commuting employers, DUI checkpoints, etc. Preferring the personal contact provided through enforcement, Commissioner Ramos spoke in support of additional motorcycle officers; relayed his opposition to printing names of violators in the newspaper; and suggested printing the number of people that have been cited at various intersections. Considering the additional enforcement would be self-funded by the violators, Chairman Connerton echoed the previously made suggestions. In closing, Mayor Stone noted that the existing red light abuse signs should be more visible with Public Works Director Hughes advising that the City does not have the authority to place signs at the Caltrans controlled signals. Mr. Hughes suggested the placement of signage at City entry points which would apprise drivers that a red light abuse program is in affect. R:\Minutes\082803 5 Councilman Pratt reiterated his desire to publish violators' names in the newspaper. MOTION: Mayor Pro Tem Naggar moved to approve the hiring of two additional motorcycle officers; to authorize overtime in the interim; to coordinate an education program with the Public Traffic Safety Commission, Police Department, and Public Works Department; to incorporate a public relations campaign; to review the updating of existing signage (staff and Public Traffic Safety Commission); to retain the stepped-up level of enforcement for another six months; to provide the City Council, on a month-to-month basis, information pertaining to the number of tickets written and whether the written tickets were City residents or non-residents; and to not publish violators' names in the newspaper. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Roberts who was absent and voice vote reflected approval with the exception of Commissioner Wedel who was absent. Chairman Connerton recommended that educational information be made available at the upcoming Safety Expo. In closing, Mayor Stone thanked the public for its input as well as the Police Department, Public Works Department, fellow Council colleagues, Commissioners, and City staff. ADJOURNMENT At 8:20 P.M., Mayor Stone Roberts formally adjourned the Joint City Council/Public Traffic Safety Commission Workshop to the next regular City Council meeting on September 16, 2003, 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California, and to the next regular Public Traffic Safety Commission on September 251 2003, at 6:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeff Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\082803 6 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL SEPTEMBER '16, 2003 The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M., on Tuesday, September 16, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Absent: PRELUDE MUSIC Councilmembers: Councilmember: Comerchero, Naggar, Pratt, Roberts, and Stone None The prelude music was provided by Sarah Hillier. INVOCATION The invocation was given by Reverend Lance Kerwin of Calvary Chapel of Temecula. ALLEGIANCE The flag ceremony was presented by Councilman Pratt. PRESENTATION/PROCLAMATIONS American Public Works Association Project of the Year Award for the Chaparral Pool Mr. Roger Cunliff-Owen of the American Public Works Association presented to the City the Project of Award for the Chaparral Aquatics Facility. PUBLIC COMMENTS A. Mr. Greg Morrison, 31045 Oak Hill Drive, representing the Chamber of Commerce, invited the public to the 2003 Legislative Summit on Thursday, September 25, 2003, at the Pechanga Resort/Casino, at 8:00 A.M. to 2:00 P.M. B. The following individuals addressed the City Council with regard to traffic and vandalism concerns within their neighborhood: · Mr. Craig Turner · Ms. Beverly Perkins · Ms. Kathy Fraley · Mr. Joe Mattias · Ms. Susan Temblador · Ms. Ana Roe · Ms. Dianne Ross · Mr. GregWilken 41777 Carleton Way 29462 Georgetown 41826 Carleton Way 29436 Georgetown 29477 Georgetown 41771 Carleton Way 41839 Carleton Way 41816 Carleton Way R:\Minutes\091603 1 Issues of concerns and comments made by the above-mentioned individuals included the following: · That this matter was addressed by the Public Traffic Safety Commission in 2000 · That the neighbors are requesting that the City Council address the matter · That a gate be constructed at either one of the entrances to alleviate the cut-through traffic · That a 2000 City-initiated traffic study reflected 1,100 cars traveling, per day, through this neighborhood; that a 2002 City-initiated traffic study reflected 1,400 cars traveling, per day, through this neighborhood · That this matter not be readdressed by the Commission · That this matter must be addressed for public safety · That this matter has had personal impacts on the quality of life · That the neighborhood currently has a Community Watch Program · That there has been increased vandalism throughout the neighborhood · That additional Police presence would be helpful during the time high school is dismissed as well as on weekend and weekend nights · That the previously installed stop signs have been appreciated · That versus the installation of gates, it was suggested closing the left-hand turn off Margarita Road and retiming the Solana traffic light. Opposing the above-mentioned comments, Mr. Darryl Mills, 29694 Windwood Circle, relayed his appreciation to the Public Works Department for its effort in addressing the concerns by the installation of the stop sign and noted that the concerned neighbors were solely desirous of creating a gated community. Appreciating the residents' input, Mayor Stone requested that the matter be readdressed by the Public Traffic Safety Commission; that Council be provided data similar to that of the Stop Light Abuse Program; and that there be a pronounced level of Police presence in the neighborhood. C. Commenting on the impacts the development of apartments will have on Old Town, Mr. Otto Baron, 41915 Fourth Street, addressed increased traffic and lack of parking spaces. D. Ms. Carol Marsden, 30955 De Portola, representing the Temecula Valley Museum Board of Directors, addressed the increasing presence of the homeless near Sam Hicks Park and the Chapel and, therefore, requested uniform presence. CITY COUNCIL REPORTS A. Having attended a Highway 79 Policy Area Task Force meeting sponsored by Supervisor Venable, Councilman Roberts commented on efforts to build Newport Road to six lanes through an Assessment District; advised that funding problems may result with Clinton Keith Road (proposed six lanes); that property owners are not concurring with a Community Facilities District (CFD) for the expansion of Scott Road (four lanes); and that the State Transportation Improvement Funding monies for Highway 79 from Domenigoni Road to Thompson Road will not be available. Having also attended a Railvolution Seminar, Councilman Roberts commented on downtown redevelopment, mixed-use properties, and commercial/light rail. R:\Minutes\091603 2 B. Councilman Pratt as well commented on the commuter bus transit services available to the City's residents. Mr. Pratt requested that the City Council consider agendizing for the September 23, 2003, City Council meeting the consideration of publishing names, citations, and cost of citations in a local newspaper with repeat offenders being printed in bold print. C. Commenting on the outstanding commuter bus service available to the residents, Councilman Comerchero commended Congressman Issa on his efforts to obtain Federal legislation ($1.95 million) for a transit center in the City of Temecula. D. Mayor Pro Tem Naggar advised of the City's proactive approach with regard to the West Nile Virus and read into the record the City's press release with regard to this matter. Requesting that the matter be agendized, Mayor Stone noted that the City has concerns with the Riverside County Integrated Plan (RCIP) such as the approval of upzones without providing the necessary infrastructure. He advised that it has been suggested to the County that if the infrastructure cannot be provided, that building permits be phased, noting that the current County plan does not include such verbiage. In an effort to maintain the quality of life and the air quality, Mr. Stone encouraged the citizens to take a proactive approach for the phasing plan to ensure completion of needed infrastructure. Advising that the City had requested Senator Hollingsworth to carry legislation to allow the City to take control over SR 79 north and south in order for the City to coordinate signals with the City's signal system to improve traffic flow and improve public safety, Mr. Stone noted that the legislation had been passed by the Assembly and the Senate but that it was pulled by Senator Hollingsworth the day it was to be signed by the Governor. In light of public safety, Mr. Stone requested that the Senator reevaluate his actions. City Manager Nelson noted that several City Councilmembers have requested that this matter be agendized for the September 23, 2003 City Council meeting, noting that Senator Hollingsworth has been invited to attend that meeting. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of August 12, 2003. R:\Minutes\091603 3 3 Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 03-'114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of July 31, 2003. 5 Contract Amendment with Schirmer Enqineerin,q RECOMMENDATION: 5.1 Approve a second contract amendment with Schirmer Engineering for an annual amount of $25,000 and a total contract amount of $75,000. 6 Roberti-Z'Berq-Harris Block Grant Program RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 03-'1t5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 7 Vacation of a Roadway Easement over Murrieta Creek and adiacent to Rancho California Road to the Riverside County Flood Control and Water Conservation District RECOMMENDATION: 7.1 Adopt a resolution entitled: R:\Minutes\091603 4 RESOLUTION NO. 03-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA INITIATING PROCEEDING TO VACATE A PORTION OF RANCHO CALIFORNIA ROAD IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE ATTACHED EXHIBITS A AND B 8 Authorize Temporary Street Closures for Temecula Fall Rod Run 2003 Event in Old Town .(Old Town Front Street between Moreno Road and Second Street and other related streets) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 03-1t7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR TEMECULA FALL ROD RUN 2003 EVENT AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 9 Acceptance of certain public streets into the City-maintained Street System within Parcel Map No. 24185-2 (north of De Portola Road, west of Butterfield StaRe Road, south of Jerez Lane, and east of Sunny Meadows Drive within the Paseo Del Sol Subdivision) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 03-t18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL MAP NO. 24185-2) 10 Acceptance of certain public streets into the City-maintained Street System within Parcel Map No. 28482-1 (northwesterly of the intersection of Rancho California Road and Meadows Parkway, south of Royal Birkdale Drive, north of Rancho California Road, east of Temeku Drive, and west of Meadows Parkway in Temeku Hill Subdivision) RECOMMENDATION: 10.1 Adopt a resolution entitled: R:gMinutes\091603 5 RESOLUTION NO. 03-1t9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL MAP NO. 28482-1) 11 Acceptance of certain public streets into the City-maintained Street System RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 03-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS CONSTRUCTED BY DEVELOPERS INTO THE CITY- MAINTAINED STREET SYSTEM 11.2 Adopt a resolution entitled: RESOLUTION NO. 03-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS CONSTRUCTED BY THE CITY INTO THE CITY-MAINTAINED STREET SYSTEM 12 Reimbursement A,qreement between Rancho California Water District and the City of Temecula for the Pechan,qa Parkway Phase IIA - Storm Drain Improvements - Project No. PW99-11SD RECOMMENDATION: 12.1 Approve the Reimbursement Agreement between Rancho California Water District (RCWD) and the City of Temecula for the Pechanga Parkway Phase IIA - Storm Drain Improvements- Project No. PW99-11SD. 13 Professional Services A,qreement with Berryman & Heni,qar for En,qineerin.q Desi,qn Service,~ for the Rancho California Road Widenin,q from Old Town Front Street to Interstate 1,5 alon,q the south side - Project No. PW02-19 RECOMMENDATION: 13.1 Approve the agreement with Berryman & Henigar to provide professional design services in an amount not to exceed $135, 805.00 and authorize the Mayor to execute the agreement; 13.2 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $13,580.50 which is equal to 10% of the agreement total. R:~¥1inutes\091603 6 14 French Valley Parkway/I-15 Interchange Design Cooperative A,qreement with the State of California Department of Transportation RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 03-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DESIGN COOPERATIVE AGREEMENT, NO. 8-'1217, BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF TEMECULA FOR THE DESIGN OF A NEW INTERCHANGE (FRENCH VALLEY PARKWAY) ON ROUTE 15 BETWEEN THE EXISTING WINCHESTER ROAD (STATE ROUTE 79 NORTH) INTERCHANGE AND THE 1-15/I-215 JUNCTION (Pulled for separate discussion; see pages 8-9.) 15 Infrastructure Fundinq and Reimbursement A,qreement (Deer Hollow Way) RECOMMENDATION: 15.1 Approve the Infrastructure Funding and Reimbursement Agreement for Deer Hollow Way by and among the County of Riverside, the City of Temecula, Centex Homes, a Nevada general partnership, and Redhawk Communities, Inc.; 15.2 Authorize the Mayor to execute the agreement. 16 Completion and Acceptance of Construction Contract for the FY 2002-2003 Slurry Seal Pm,qram - Project No. PW03-02 RECOMMENDATION: 16.1 Accept the FY 2002-2003 Slurry Seal Program - Project No. PW03-02 - as complete; 16.2 File a Notice of Completion, release the Performance Bond, and accept a 12-month Maintenance Bond in the amount of 10% of the contract; 16.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 17 Award of Construction Contract for the Battery Back-up System for Traffic Signals utilizin,q LED Modules - Citywide - Proiect No. PW03-04 RECOMMENDATION: 17.1 Award a construction contract for the Battery Back-up System for Traffic Signals utilizing LED Modules - Citywide - to TDS Engineering in the amount of $139,786.00 and authorize the Mayor to execute the contract; R:\Minutes\091603 7 17.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $6,989.30 which is equal to 5% of the contract amount; 17.3 Approve an increase of Grant Revenue in the amount of $82,776.00; 17.4 Approve an appropriation of $82,776.00 to the Traffic Improvement Budget from Grant Revenue. 18 Ordinance No. 03-09 (Linfield School Master Plan) RECQMMENDATION: 18.1 Adopt an ordinance entitled: ORDINANCE NO. 03-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED DEVELOPMENT OVERLAY (PDO-7), AND ADOPTING SECTIONS 17.22.t80 THROUGH '17.22.188 OF THE MUNICIPAL CODE INCLUDING THE PDO TEXT AND DEVELOPMENT STANDARDS, FOR PROPERTY GENERALLY LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD, EAST OF MARGARITA ROAD, AND WEST OF MEADOWS PARKWAY AND KNOWN AS ASSESSOR'S PARCEL NO. 958-002-002 19 Ordinance No. 03-10 (Harveston Specific Plan) RECOMMENDATION: 19.1 Adopt an ordinance entitled: ORDINANCE NO. 03-'10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF TEMECULA TO INCLUDE TWO OUT-PARCELS WITHIN THE HARVESTON SPECIFIC PLAN MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1 - 13 and 15 -19 (Item No. t4 was considered under separate discussion; see pages 8-9). The motion was seconded by Mayor Pro Tem Naggar and voice vote reflected unanimous approval. Consent Calendar Item considered under separate discussion 14 French Valley Parkway/I-15 Interchange Desi.qn Cooperative Agreement with the State of California Department of Transportation RECOMMENDATION: 19.2 Adopt a resolution entitled: R:\Minutes\091603 8 RESOLUTION NO. 03-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DESIGN COOPERATIVE AGREEMENT, NO. 8-12t7, BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF TEMECULA FOR THE DESIGN OF A NEW INTERCHANGE (FRENCH VALLEY PARKWAY) ON ROUTE 15 BETWEEN THE EXISTING WINCHESTER ROAD (STATE ROUTE 79 NORTH) INTERCHANGE AND THE I-'1511-215 Public Works Director Hughes reviewed the staff report (of record) with Councilman Pratt relaying his opposition to the recommendation, noting that a new environmental impact report under CEQA should have been completed based on the cumulative impacts and that the proposed project will not mitigate traffic impacts. With Caltrans' cooperation, Mr. Hughes noted that the proposed project would be phased in an effort to provide relief for the Interstate 15 southbound ramp as early as two and a half to three years and that it would as well provide relief at the 15/215 merge. Commenting on the traffic mitigation impacts this project will provide, Mayor Pro Tem Naggar spoke in support of this project. Mayor Stone requested that Public Works Director Hughes provide a presentation of this project at the October 28, 2003, City Council meeting. Councilman Roberts advised that this project, through the extension of Measure A funds, has been funded but that bonding will be explored in an effort to receive monies in advance of 2009. MOTION: Councilman Roberts moved to approve Consent Calendar Item No. 14. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Pratt who voted n._.~o. Because it has previously been presented to the City Council for review, City Attorney Thorson noted that Councilman Pratt's request to agendize traffic citation disclosure would require a City Council motion. MOTION: Councilman Pratt moved to approve traffic citation disclosure. Due to the lack of a second, this motion died. At 8:20 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency, the City Council meeting resumed with regular business at 8:24 P.M. R:\Minutes\091603 9 COUNCIL BUSINESS 20 Consideration of Adoption of Resolutions of Necessity for the acquisition in Eminent Domain of certain real properties for public purposes (Continued from the meeting of August 26, 2003) RECOMMENDATION: 20.1 Separately consider the twelve (12) Resolutions, which are Resolutions of Necessity of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition thereof in connection with the Winchester Road Widening Project: 20.2 Open and conduct a hearing on the adoption of the proposed Resolutions of Necessity, receive from staff the evidence stated and referred to in this agenda report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolutions of Necessity, each of which requires the City Council's separate consideration and determination; 20.3 If the City Council finds, based upon the evidence contained and referred to in this Report, the testimony and comments received at this hearing, and all written testimony submitted to the City Council, that the evidence warrants the necessary findings with respect to each of the following twelve (12) proposed Resolutions of Necessity, then staff recommends that the City Council, in the exercise of its discretion, adopt the proposed Resolutions (each of which requires a 4/5th vote of the entire Council) and authorize the City Attorney's office to file an eminent domain proceeding to acquire the following real property interests: · Adopt a resolution entitled: RESOLUTION NO. 03-123 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (27410 JEFFERSON AVENUE) · Adopt a resolution entitled: RESOLUTION NO. 03-124 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (264t 9 YNEZ ROAD) · Adopt a resolution entitled: R:\Minutes\091603 10 RESOLUTION NO. 03-125 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (41125 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03-126 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (41005 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03-t27 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40975 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03-128 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40971 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03-129 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40967 WINCHESTER ROAD) R:\Minutes\091603 11 · Adopt a resolution entitled: RESOLUTION NO. 03-130 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40963 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03-131 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40949 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03-132 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40945 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03-t33 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40941 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03-134 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40915 AND 40917 WINCHESTER ROAD) R:\Minutes\091603 12 City Attorney Thorson provided the staff report (of record), advising that each proposed resolution must be individually adopted and that adoption will require a four-fifths vote. Advising that he was of the opinion that a solution had been reached and would be presented to the City Council in Closed Session but because of notification requirements it would not be discussed this evening, Mr. Robert Rosenstein, 41877 Enterprise Circle North, #200, attorney, relayed his surprise to the proposed recommendation, noting the following: Concerns of the impacted doctors o Construction workers to not park in any lots utilized by the doctors or other individuals o Green belt issues o Development of a Staging Agreement o Proposed acquisition amount For Mr. Rosenstein, Mayor Stone noted that, to his understanding, Council action this evening would not preclude negotiations from continuing but that it would give the City the possession of the property in order to begin planning for the needed infrastructure improvements on SR 79. Concurring that negotiations will continue in an effort to prepare a settlement agreement acceptable to all parties, City Attorney Thorson noted that this matter has already been delayed for six weeks and, therefore, would recommend taking action on this item. Ms. Gina Danner, counsel representing the City, referenced her discussion with Mr. Rosenstein and noted the following: · That she had advised Mr. Rosenstein that three of his clients' concerns were concerns that she was of the opinion could be resolved fairly quickly · That Mr. Rosenstein had faxed a letter to the attorney's office on Friday afternoon with regard to the value interest to be acquired and to request that a settlement agreement be prepared and taken to Closed Session for City Council action for September 16, 2003; that on Monday, she had addressed this letter/request with Mr. Rosenstein and advised him that because of insufficient time to notice the Closed Session or to discuss the proposed acquisition amount with the City Council and, therefore, noted that the matter would not be discussed in Closed Session · That she was confident that a resolution would be attainable · That adoption of the resolutions of necessity is required in order to clear title · That adoption of the resolutions would not preclude the City from continuing to negotiate and reach a settlement agreement. For clarification at Councilman Comerchero's request, City Attorney Thorson informed the City Council that the Council would be within the confines of the Brown Act in terms of the resolutions being proposed this evening. In an effort to resolve this matter, Mr. Rosenstein requested that this matter be continued to the next meeting. Aware of Mr. Rosenstein's clients' concerns, City Attorney Thorson reiterated that the City will continue to negotiate with his clients and that Council action, this evening, would not detrimentally impact his clients. Mr. Thorson advised that the City must obtain possession of the property prior to construction. R:\Minutes\091603 13 In response to City Attorney Thorson, Mr. Rosenstein noted that his clients would be impacted by way of attorney fees and stress, relaying his desire to formulate a cost-effective resolution for those involved. Advising that agencies use condemnation on a regular basis to help supply public facilities to the public, Public Works Director Hughes clarified that public agencies do not view condemnation as a conflict and, therefore, it is often referred to as friendly condemnation; advised that the proposed recommendation will be necessary to take possession of the property at the earliest possible date so that construction may begin; that after the possession of the property, the agency and property owners may continue to negotiate details of a settlement agreement; noted that it would be critical to not prolong this matter any further; and as well reassured the Council and Mr. Rosenstein that the City will continue to work toward a settlement agreement in everyone's best interest. Although recognizing Mr. Rosenstein's responsibility to his clients, Mayor Pro Tern Naggar commented on the responsibility the City has, as well, to his clients and to all its citizens and, therefore, spoke in support of proceeding with the recommended action. Further addressing the matter, Mr. Rosenstein noted the following: · That one of the four items of necessity would be to assure proper notice has been given to the property owners and proper offers were made to the property owners; that each individual property owner did not receive notice; that offers were sent to a single address; that, therefore, under Code Section 7262 there has been a faulty notice and, therefore, the City Council should reject the recommendation · That no notice was sent to the associated condominium association · That the purpose of the taking and widening was to create another lane onto the 1-15 north freeway; that his clients were specifically told there would not be an additional lane created onto 1-15; that the information provided was false, misleading, and untrue · That no other alternatives were considered or provided · That the impacts of discussion are as a result of the Harveston project; that the issue that needs to be addressed is the backup occurring from the freeway. At this time, the public hearing was closed. Although understanding the complexity of this issue, Councilman Comerchero noted that, in his opinion, the proposed action would not have a negative bearing on Mr. Rosenstein's clients with the exception that Mr. Rosenstein may feel that such action would place his clients in a weakened negotiating position. In light of comments that the City will continue its negotiations with Mr. Rosenstein's clients, Mr. Comerchero spoke in support of proceeding this evening. Echoing Councilman Comerchero's comments, Councilman Roberts commented on the six weeks this matter has already been delayed; addressed the need for a right-hand turn; and spoke in support of staff's recommendation. Relaying his opposition to the proposed actions because of the need to complete the cumulative review process as per CEQA, Councilman Pratt recommended the formation of Mobility Coordination Plan in an effort to address traffic for public safety as well as the City's economic future. In light of the serious traffic issues on Winchester Road and the upcoming environmental impact report for the Community College, Mayor Pro Tern Naggar commented on the need to address this matter at this time; commented on the approved Roripaugh Ranch Project and its R:\Minutes\091603 14 associated infrastructure improvements supported staff's recommendation to proceed but as well requested that Mr. Rosenstein's comments with regard to construction parking, fair compensation, etc. be addressed. Appreciating Mr. Rosenstein's comments, Mayor Stone reiterated that the City will continue its negotiations with his clients and will pay market value for the property; that the City had taken the appropriate measure to notice this matter; that the City, in its history, has seldom used eminent domain; that it has always been a friendly process; that taking possession of the property will not create a disadvantage for the property owners; and that, therefore, he would support the recommended action. Councilman Pratt reiterated that the proposed action would not be money well spent. City Attorney Thorsen reiterated for the City Council that negotiations will continue. MOTION: Councilman Roberts moved to ado )t Resolution No. 123. by Councilman Comerchero and vmce vote reflected approval Councilman Pratt who vote n...~o. The motion was seconded with the exception of MOTION: Councilman Roberts moved to adopt Resolution No. 124. by Councilman Comerchero and voice vote reflected approval Councilman Pratt who vote n._Qo. The motion was seconded with the exception of MOTION: Councilman Roberts moved to adopt Resolution No. 125. by Councilman Comerchero and voice vote reflected approval Councilman Pratt who vote no. The motion was seconded with the exception of MOTION: Councilman Roberts moved to adopt Resolution No. 126. by Councilman Comerchero and voice vote reflected approval Councilman Pratt who vote no. The motion was seconded with the exception of MOTION: Councilman Roberts moved to adopt Resolution No. 127. by Councilman Comerchere and voice vote reflected approval Councilman Pratt who vote n._~o. The motion was seconded with the exception of MOTION: Councilman Roberts moved to adopt Resolution No. 128. by Councilman Comerchero and voice vote reflected approval Councilman Pratt who vote n..Ao. The motion was seconded with the exception of MOTION: Councilman Roberts moved to adopt Resolution No. 129. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Pratt who vote n~o. MOTION: Councilman Roberts moved to adopt Resolution No. 130. by Councilman Comerchero and voice vote reflected approval Councilman Pratt who vote n..~o. The motion was seconded with the exception of MOTION: Councilman Roberts moved to adopt Resolution No. 131. by Councilman Comerchero and voice vote reflected approval Councilman Pratt who vote n._Qo. The motion was seconded with the exception of MOTION: Councilman Roberts moved to adopt Resolution No. 132. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Pratt who vote n_.Qo. R:\Minutes\091603 15 MOTION: Councilman Roberts moved to adopt Resolution No. 133. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Pratt who vote n._Qo. MOTION: Councilman Roberts moved to adopt Resolution No. 134. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Pratt who vote n..~o. MOTION: Councilman Roberts moved to authorize the City Manager to execute all necessary documents in connection with these matters. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Pratt who vote n.~o. 21 Appointments for Zone Committee - Transportation Uniform M t Ration Fee (TUMF) Program & Western Riverside Council of Government RECOMMENDATION: 21.1 Appoint Councilmember Roberts as a Zone Committee representative for the Transportation Uniform Mitigation Fee (TUMF) Program for the Western Riverside Council of Government; 21.2 Appoint another City Councilmember as an alternate for the Zone Committee representative for the Transportation Uniform Mitigation Fee (TUMF) Program for the Western Riverside Council of Government. MOTION: Councilman Comerchero moved to appoint Councilman Roberts as a Zone Committee representative for the Transportation Uniform Mitigation Fee (TUMF) Program for the Western Riverside Council of Government and to appoint Mayor Pro Tem Naggar as an alternate for the Zone Committee representative for the Transportation Uniform Mitigation Fee (TUMF) Program for the Western Riverside Council of Government. Councilman Roberts seconded the motion and voice vote reflected unanimous approval. CiTY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT City Attorney Thorson advised that under the Brown Act, there were no items to report from Closed Session. R:\Minutes\091603 16 ADJOURNMENT At 9:45 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting on Tuesday, September 23, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\091603 17 ITEM 3 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $4,969,539.30. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 22"d day of October, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 2003/Resos 03- I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 03- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 22nd day of October, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Cle~ R:/Resos 2003/Resos 03- 2 CITY OF TEMECULA LIST OF DEMANDS 09/18/03 TOTAL CHECK RUN: 09/25/03 TOTAL CHECK RUN: 10/02/03 TOTAL CHECK RUN: 10/10/03 TOTAL CHECK RUN: 09/25/03 TOTAL PAYROLL RUN: 10/09/03 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 10/22/03 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: C01 165 190 192 193 194 210 261 280 3OO 32O 33O 340 380 39O GENERAL FUND RDA DEV-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL IMPROVEMENT PROJ. FUND CFD 88-12 ADMIN EXPENSE FUND REDEVELOPMENT AGENCY-ClP INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES RDA - DEBT SERVICE TCSD - DEBT SERVICE 100 165 190 192 193 194 280 300 320 330 34O GENERAL FUND RDA-LOW/M~D SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D REDEVELOPMENT AGENCY-CIP INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACIL~IES TOTAL BY FUND: PREPARED BY JADA YONKER, ACCOUNTING SPECIALIST GENIE ROBERTS, DIRECTOR OF FINANCE SHAWN NELSON, CITY MANAGER $ 1,364,230.05 502,839.35 1,683,962.10 763,651.12 322,409.62 332,447.06 $ 4,969,539.30 2,345,787.39 355,793.81 252,585.05 6,123.30 56,474.69 9,642.06 75O,390.45 25,328.41 95,433.61 11,785.07 26,921.74 4,600.00 351,000.00 458,809.90 189.46 9,711.66 1,384.50 4,708.56 2,049.21 36,928.49 4,927.85 $ 4,314,682.62 654,856.68 $ 4,969,539.30' HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. CITY OF TEMECULA LIST OF DEMANDS 09/18/03 TOTAL CHECK RUN: 09/25/03 TOTAL CHECK RUN: 10/02/03 TOTAL CHECK RUN: 10/10~)3 TOTAL CHECK RUN: 09/25/03 TOTAL PAYROLL RUN: 10/09~)3 TOTAL PAYROLL RUN: TOTAL LiST OF DEMANDS FOR 10/2~03 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 0ol GENERAL FUND 165 RDA DEV-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ. FUND 261 C FD 8~12 ADMIN EXPENSE FUND 280 REDEVELOPMENT AG ENCY-CIP 300 ~NSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA - DEBT SERVICE 390 TCSD - DEBT SERVICE 100 GENERAL FUND 165 RDA-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 REDEVELOPMENT AGENCY-ClP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTN_ BY FUND: iPREPA~N~G SPECIALIST I GEN~? ~.~.~,~.,~F FINANCE SHAWN NELSON, CITY MANAGER $ 1,364,230.05 692,839.35 1,683,962.10 763,651.12 322,406.62 332,447.06 $ 4,969,539.30 2,345,787.39 355,793.81 252,585.05 6,123.30 56,474.69 9,642.06 750,390.45 1,198.00 25,328.41 11,619.04 95,433.61 11,785.07 26,921.74 4,600.00 361,690.00 458,809.90 113,964.38 189.46 1,384.50 4,708.56 36,926.49 4,927.55 $ 4,314,682.62 654,856.68 $ 4,969,539.30 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. HEREBY CERTIFY THAT THE FOLLOWING ~S TRUE AND CORRECT. apChkLst Final Check List Page: 11 09/18/2003 4:07:11PM CITY OF TEMECULA 151 checks in this report. Grand Total All Checks: 1,364.230.05 Detail 09/18/2003 001 248,497.43 165 39,151.29 190 48,821.56 192 3,465.08 193 30,392.36 210 576,839.68 261 1,198.00 280 4,063.25 300 8,377.45 320 32,888.73 330 588.79 340 4,346.43 380 4,600.00 390 361,000.00 1,364,230.05 Page:l 1 apChkLst Final Check List Page: 1 09/18/2003 4:07:11PNl CITY OF TEMECULA Check # Date 184 09/15/2003 86562 09/18/2003 005277 2 H CONSTRUCTION INC 86563 09/18/2003 004973 ABACRERLI, LINDI 86564 09/18/2003 000434 ACCELA. COM Bank: union UNION BANK OF CALIFORNIA Vendor Description 003228 U S BANK TRUST NATIONAL AS TCSD COPs Debt Svc Pmt Aug prgss pmt: Children's Museum TCSD instructor earnings Accela Wireless Consulting svc 86565 09/18/2003 004229 ACTION APPLIANCE INC Dishwasher repairs: Fire Stn 84 86566 09/18/2003 002877 ALTA LOMA CHARTER LINES Day Camp excursion bus svc: Painted 86567 09/18/2003 004022 AMERICAN MINI STORAGE, TE Oct storage unit B109 lease pmt Oct storage unit F105 lease prat 86568 09/18/2003 000747 AMERICAN PLANNING ASSOCl Membership: Gary Thomhil1082461 Membership: Knute Noland 131044 Membership: Matthew Harris 078234 Membership: Thomas Thornsley 087 86569 09/18/2003 000936 AMERICAN RED CROSS 6/30 Aquatics class: Thurston 86570 09/18/2003 002187 ANIMAL FRIENDS OF THE VALL Aug '03 animal control services 86571 09/18/2003 000101 APPLE ONE, INC. Temp help PPE 8/30 Delarm Temp help PPE 8/30 Lee 86572 09/18/2003 001323 ARROWHEAD WATER INC Bottled wtr sews @ CRC 002648 AUTO CLUB OF SOUTHERN CA Membership: PW & TCSD Staff 86573 09/18/2003 86574 09/18/2003 86575 09/18/2003 86576 09/18/2003 86577 09/18/2003 003138 CAL MAT 006760 BERMAN, HOWARD 004778 BERRYMAN & HENIGAR INC 006758 BRAUN, ROBB Refund: Security Deposit Temp help PPE 8/29 Grance Refund: Security Deposit & Rental PW patch truck materials Amount Paid Check Total 361,000.00 361,000.00 48,617.69 48,617.69 386.40 386.40 2,500.00 2,500.00 45.00 45.00 337.85 337.85 153.00 144.00 297.00 437.00 230.00 210.00 210.00 1,087.00 10.00 10.00 7,245.00 7,245.00 624.00 559.00 1,183.00 351.60 351.60 162.00 162.00 100.00 100.00 3,013.68 3,013.68 320.00 320.00 685.08 685.08 Page:l apChkLst Final Check List Page: 2 09118/2003 4:07:11PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86578 09/18/2003 003138 CAL MAT (Continued) Description PW patch truck materials 86579 09/18/2003 000152 CALIF PARKS & RECREATION S Membemhip: C.L.Adkisson-F]ohr 021 86580 09/18/2003 001590 CALIF REDEVELOPMENTASSN Ann'l Membership: Shawn Nelson 115 86581 09/18/2003 006768 CALIF. REGIONAL WATER Main St Brdg Water Quality Certif. app 86582 09/18/2003 000131 CARLWARREN & COMPANY I Claim adjuster services 86583 09/18/2003 002534 CATERERS CAFE Refreshments: Process review mtg Refreshments: Accela Wireless ting Refreshments: 8/13 Permits Plus Mtg Refreshments: 7/15 Permits Plus Mtg Refreshments: 8/27 Permits Plus Mtg 86584 09/18/2003 004837 CHERRY VALLEY FEED & PET Police K~9 Supplies 86585 09/18/2003 005585 CHING, MARIA Reimb:Accela Conf:7/27-29/03 86586 09/18/2003 006761 COLSON, DEBRA Refund: Security Deposit 86587 09/18/2003 001193 COMP U S A INC 19 inch LCD Multimedia Monitor:IS 86588 09/18/2003 002147 COMPLIMENTS COMPLAINTS & TCC Entertainment:Dynamite Dave 86589 09/18/2003 86590 09/18/2003 86591 09/18/2003 86592 09/18/2003 86593 09/18/2003 86594 09/18/2003 000442 COMPUTER ALERT SYSTEMS 000447 COMTRONIX OF HEMET 006767 CORONA, CiTY OF 2nd Qtr Alarm System Monitoring Batteries for hand radios: PW Mntc Public Records Wkshp:MB & GF 003739 CO3-1'ON BRIDGES ASSOCIATE Jul-Aug General Plan Update svcs 006283 CROSSROADS SOFTWARE 002900 DANIEL MANN JOHNSON Police Collision Database System May-Aug Design svcs: Pala Rd phase Amount Paid Check Total 184.30 184.30 125.00 125.00 6,100.00 6,100.00 500.00 500.00 662.36 662.36 67.80 26.86 16.00 15.00 14.00 139.66 59.80 59.80 114.45 114.45 100.00 100.00 902.38 902.38 100.00 100.00 1,659.00 1,659.00 176.71 176.71 140.00 140.00 4,235.95 4,235.95 13,829.61 13,829.61 2,865.07 2,865.07 Page2 apChkLst Final Check List Page: 3 09/18/2003 4:07:11PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86595 09/18/2003 86596 09/18/2003 000684 DIEHL EVANS & COMPANY LLP 005965 DIVERSIFIED PROTECTION (Continued) Description Amount Paid Check Total 02/03 FY audit svcs: City Hall 02/03 FY audit svcs: RDA 02/03 FY audit svcs: Single Emerg air conditioning repaim:City Hall 13,000.00 1,250.00 1,250.00 543.75 15,500.00 543.75 86597 09/18/2003 86598 09/18/2003 86599 09/18/2003 004192 DOWNS COMMERCIAL FUELI 003754 DOWNTOWN IDEA EXCHANGE 001669 DUNN EDWARDS CORPORATI Fuel for city vehicles:TCSD/C.M.6134 lyr subscription: Dwntwn Idea Exchg lyr subscr: Dwntwn Promo Reptr Supplies for graffiti removal: PW 1,046.77 197.00 179.00 316.59 1,046.77 376.00 316.59 86600 09/18/2003 001380 E S I EMPLOYMENT SERVICES 86601 09/18/2003 003665 EMERITUS COMMUNICATIONS Temp help PPE 9/05 Heer Temp help PPE 9/05 Rush Temp help PPE 9/5 Jones Temp help PPE 9/05 Cammarota Temp help PPE 9/05 Novotny Temp help PPE 9/05 Seng Temp help PPE 9/05 Bragg Temp he~p PPE 9/05 Montecino Temp help PPE 9/05 Kanigowski Aug long distance phone svc 2,701.01 1,884.15 1,620.69 1,426.25 1,419.17 1,162.09 1,140.48 1,054.80 1,004.91 132.10 13,413.55 132.10 86602 09/18/2003 002438 ENGEN CORPORATION 86603 09/18/2003 86604 09/18/2003 86605 09/18/2003 86606 09/18/2003 86607 09/18/2003 86608 09/18/2003 000164 ESGIL CORPORATION 006487 EUROPEAN CAFE & VINEYARD 000478 FAST SIGNS 000165 FEDERAL EXPRESS INC 001511 FIELDMAN ROLAPP & ASSOClA 000166 FIRST AMERICAN TITLE Aug 16-31 Gectech svc: Pavement Re Aug 1-15 Geotech svc: Pavement Reh Credit: not part of agrmnt:insurance Aug plan check svcs for B&S Refreshments: Planning comm. mtg Directional signs for Old Town Laminated map for Education fac Express mail services Express mail services Financial svcs: ButterfJeld CFD Lot Book Repts: Jennings 6,238.75 1,040.30 -30.30 8,671.00 97.94 549.53 89.56 128.42 84.42 989.10 150.00 7,248.75 8,671.00 639.09 212.84 989.10 150.00 Page3 apChk!..st Final Check List Page: 4 09118/2003 4:07:11PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 86609 09/18/2003 003347 FIRST BANKCARD CENTER 86610 09/18/2003 86611 09/18/2003 86612 09/18/2003 86613 09/18/2003 86614 09/18/2003 001135 FIRST CARE INDUSTRIAL MED 004239 FISHER MERRIMAN SEHGAL 004944 FULLCOURT PRESS 002528 GLASS BLASTERS INC 000177 GLENNIES OFFICE PRODUCTS 86615 09/18/2003 005947 GOLDEN STATE OVERNIGHT 86616 09/18/2003 86617 09/18/2003 86618 09/18/2003 86619 09/18/2003 86620 09/18/2003 86621 09/18/2003 003640 GRAYNER ENGINEERING 004053 HABITAT WEST INC 000186 HANKS HARDWARE INC 006755 HARDIN, LISA 002372 HARMON, JUDY 004188 HARRIS&ASSOCIATES xx-5288 Jones: Pref Mtg/Earthlink xx-0902 O'Grady ICMA Ann'l Conf xx-6702 Meyer: Supplies/Pmf Mtg xx-5288 Jones:iS Supplies &Ting Employee physicals and drug testing Sept design svcs: Old Town Theater Accts Payable Ch~ck Stock New employee beverage mugs Office Supplies: Fire Prevention Office Supplies: info System Office Supplies: TCSD Office supplies: PW Office Supplies: Finance Office Supplies: City Clerk Office Supplies: City Mgr Office Supplies: B&S Office Supplies: Records Mgmt Office Supplies: Eco Devel Office Supplies: Planning Office Supplies: Central Svcs Office Supplies: RDA Low/Mod Express Mail Service: Fire Plan Cks Aug Svcs: Children's Museum Aug Lg Cyn Detention Basin Maint Hardware supplies: Rec Van Refund: Dance Hawaiian:Beg Kids TOSD instructor earnings Aug GASB 34 InventoryNaluation Svc Amount Paid Check Total 557.49 545.00 98.86 -50.73 1,150.62 70.00 70.00 2,328.50 2,328.50 1,306.56 1,306.56 33.40 33.40 574.23 453.80 402.19 401.16 376.01 153.89 126.61 118.90 106.26 100.05 74.90 50.03 16.43 2,954.46 20.11 20.11 345,00 345.00 504.16 504.16 43.06 43.06 30.00 30.00 402.40 402.40 7,497.00 7,497.00 Page~ apChkLst Final Check List Page: 5 09/18/2003 4:07:11 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86622 09/18/2003 86623 09/18/2003 86624 09/18/2003 006688 HEMET/TEMECULA EAC 004811 HEWLETT PACKARD 006052 HORTON, MIKE 86625 09/18/2003 006766 INT'L RIGHT OF WAY 86626 09/18/2003 86627 09/18/2003 86628 09/18/2003 86629 09/18/2003 86630 09/18/2003 86631 09/18/2003 86632 09/18/2003 86633 09/18/2003 (Continued) Description Employment Laws Tmg:10/2:Gutierrez Wireless notebook computers: IS Reimb:Hazmat Wkshp:9/1-5/03 Chpt 57 Ann'l Event:10/17:Adarbeh 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals Amount Paid 60.00 10,686.99 235.53 50.00 190.72 92.55 380.25 132.00 550.33 25.00 43.20 640.00 000750 INTOXIMETERS iNC 003268 IRON MOUNTAIN OFFSITE 001186 IRWIN, JOHN Repair Police alcohol sensors machin Records mgmt microfilm storage unit TCSD instructor eamings 006753 JOHNSTON, TRACY 006750 KB HOME COASTAL, INC. 002140 JAGUAR COMPUTER SYSTEMS Proliant 7000 Bezel Screens: IS Refund: CPR Training Refund:Over prat. bldg. permit 003986 KEV~N COZAD & ASSOCIATES I Aug design svcs: Pala Sound Wall 86634 09/18/2003 001091 KEYSER MARSTON ASSOCIAT 86635 09/18/2003 86636 09/18/2003 86637 09/18/2003 86638 09/18/2003 001405 KIWANIS CLUB OF RANCHO- 001282 KNORR SYSTEMS INC 000945 L P S COMPUTER SERVICE 003726 LIFE ASSISTINC Consulting svcs for education facility Design svcs: Education Facility Aug Prof svcs: Affordable Housing Pdt 02/03 Comm Service Funding Adward Pool sanitizing chemicals Pool sanitizing chemicals HP 4000 printer toner supplies LJ 2500N printer cleaning svcs Paramedic squad supplies: Fire Paramedic squad supplies: Fire Paramedic squad supplies: Fire 9,394.42 6,010.67 1,201.25 2,000.00 340.83 244.22 99.08 95.00 476.21 60.81 59.00 Check Total 60.00 10,666.99 235.53 50.00 190.72 92.55 380.25 132.00 550.33 25.00 43.29 640.00 16,606.34 2,000.00 585.05 194.08 596.02 Page5 apChkLst Final Check List Page: 6 09/18/2003 4:07:11PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86639 09/18/2003 003028 LOSANGELESTIMES 86640 09/18/2003 86641 09/18/2003 86642 09/18/2003 86643 09/18/2003 86644 09/18/2003 86645 09/18/2003 86646 09/18/2003 86647 09/18/2003 86648 09/18/2003 86649 09/18/2003 86650 09/18/2003 006182 M C M CONSTRUCTION, INC. 003782 MAIN STREET SIGNS 004141 MAINTEX INC 006301 MALTON CONSTRUCTION 004068 MANALILI, AILEEN 006751 MARSHALL, EDWARD C., DR. 006570 MCKUHN, JOANNE 006769 MCMULLEN COMPANY, THE 006749 MCROBERTS, ALAN 006748 MERIDA, JUMANA 006764 MEXICANA 86651 09/18/2003 004951 MIKE'S PRECISION WELDINGI 86652 09/18/2003 006756 MILBY, DANIELLE 86653 09/18/2003 86654 09/18/2003 86655 09/18/2003 86656 09/18/2003 001384 MINUTEMAN PRESS 000233 NELSON, SHAWN 006762 NEW COVENANT FELLOWSHIP (Continued) Description LA Travel Show Booth Space Aug prgs pmt #3:R.C.Brdg Widening Re-Sheeting Stop Signs custodial supplies:Sr. Center custodial supplies:TCC Citywide Concrete Repairs:PW03-03 ret. w/h pmt:concrete repairs/03-03 TCSD Instructor Earnings TCSD Instructor Earnings Refund:Over pmt. bldg. permit Reimb:Fire Prey. 2C:8/18-21/03 2~00 Uniform Fire Code/quick tabs Refund:Over prat bldg. permit Refund:Sec. Deposit:9/6/03 Rfrshmnts:Accela Wireless mtg:Fire P install guard rail/L.L. @ Pechanga Pkw Refund:ParentJMe Swim Lessons Business Cards:B.Smith reimb:Calif. League Conf.:9/7-10/03 Ref und:Sec. Deposit:9/14/03 002898 NIXON EGLI EQUIPMENT COMP repair PTO system:PW patch truck Amount Paid Check Total 1,650.00 1,650.00 327,807.00 327,807.00 377.13 377.13 130.86 85.47 216.33 31,509.00 -3,150.90 28,358.10 910.00 336.00 1,246.00 44.28 44.28 151.69 151.69 290.13 290.13 19.00 19.00 100.00 100.00 72.28 72.28 2,165.00 2,165.00 25.00 25.00 42.83 42.83 25.40 25.40 100.00 100.00 4,957.79 4,957.79 Pages apChkLst Final Check List Page: 7 09118/2003 4:07:11 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86657 09/18/2003 002292 OASIS VENDING 86658 09/18/2003 002105 OLD TOWN TIRE & SERVICE 86659 09/18/2003 86660 09/18/2003 86661 09/18/2003 86662 09/18/2003 86663 09/18/2003 86664 09/18/2003 86665 09/18/2003 002668 OMEGA LAKE SERVICES 002734 P V P COMMUNICATIONS INC 000359 PARKER, HERMAN 004074 PARTY CITY OF TEMECULA IN 003218 PELA 000249 PETTY CASH 006480 PIERRE SPRINKLER & 86666 09/18/2003 006763 PINE, DAVID 86667 09/18/2003 004457 R J NOBLE COMPANY 86668 09/18/2003 86669 09/18/2003 86670 09/18/2003 86671 09/18/2003 86672 09/18/2003 86673 09/18/2003 (Continued) Description West Wing coffee/kitchen supplies City vehicle maint~repair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs Aug Duck Pond water maint, svcs P.D, motorcycle helmet interface kit reimb:Calif. League Conf:7/23-24/03 recreation supplies for MPSC Aug TCSD plan check services Petty cash reimbursement Petty cash reimbursement Aug ldscp srvcs:medians/slopes/facs. Ref und:Sec. Deposit:9/13/03 Prgs prat #1:pavement rehab 002176 RANCHO CALIF BUS PARK ASS Oct-Dec Bus. Prk assn. dues:Lot 9/2-2 Amount Paid 129.30 248.36 164.55 144.69 141.65 46.42 813.00 456.59 7.94 176.88 5,750.00 357.49 171.99 31,835.00 100.00 183,295.70 1,305.88 Check Total 129.30 745.67 813.00 456.59 7.94 176.88 5,750.00 529.48 31,8-35.00 100.00 183,295.70 1,305.88 000262 RANCHO CALIF WATER DIST 006738 RANCHO COMMUNITY CHRUC 006740 RED ROBIN 006770 REESE, KATHLEEN 003742 REHAB FINANCIAL CORPORATI rda loan prgm servicing/monitoring Various water meters Refund:Sec. Deposit:8/31/03 Refund:Sec. Deposit:9/02/03 Reimb:Res. Imprv. Prgm 11,002.57 100.00 100.00 148.00 750.00 11,002.57 100.00 100.00 148.00 750.00 Page~ apChkLst Final Check List Page: 8 09/18/2003 4:07:11PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86674 09/18/2003 86675 09/18/2003 003591 RENES COMMERCIAL MANAGE 002412 RICHARDS WATSON & (Continued) Description Amount Paid Check Total weed/trash abatement:Citywide R-O- var. maintenance svcs for parks Jul 2003 legal services 5,000.00 1,465.00 6,465.00 135,204.10 86676 09/18/2OO3 86677 09/18/2003 000266 RIGHTWAY 000353 RIVERSIDE CO AUDITOR 9/5-1012/03 equip rental-water shutoff 9/8-10/5/03 equip rental-Veterans Prk 9/8-10/5/03 equip rentaI-Riverton Prk Jul parking citation assessments 188.61 59.79 55.25 2,606.00 303.65 2,606.00 86678 09/18/2003 000267 RIVERSIDE CO FIRE First Responder/CPR training:City Staf 120.00 120.00 86679 09/18/2003 000268 RIVERSIDE CO HABITAT Aug 03 K-Rat payment 750.00 750.00 86680 09/18/2003 001097 ROADLINE PRODUCTS INC parts for PW Maint stencil truck 730.01 730.01 86681 09/18/2003 000271 ROBERT BEIN WM FROST & A Jul prof svcs:l-15/Santiago study 1,419.47 1,419.47 86682 09/18/2003 86683 09/18/2003 006555 S B C PACIFIC BELL 005018 SACHER, SUZANNE L. PIX Firewall:l.S. dept. Dual Ethemat Router:l.S. dept TCSD Instructor Earnings 9,239.03 2,709.04 48.00 11,948.07 48.00 86684 09/18/2003 000278 SAN DIEGO UNION TRIBUNE Aug recruitment ads for H.R. Dept. 1,782.18 1,782.18 86685 09/18/2003 000385 SHELDON EXTINGUISHER COM 86686 09/18/2003 006739 SILVA, MARINA annual fire extinguisher svcs:Mus/Chpl fire extinguisher maint:Fira Prey. Refund:Sec. Deposit:8/23/03 98.34 30.00 100.00 128.34 100.00 86687 09/18/2003 86688 09/18/2003 000645 SMART& FINALINC 002718 SO CALIF CITY CLERKS ASSN Sister Cities Prgm Supplies supplies for Family Fun Nights S,C.C.C,A, mtg:9/25/03:S.Jones 65,70 46.59 30.00 112.29 30.00 86689 09/18/2003 000537 SO CALIF EDISON Sept 2-01-202-7603 arterial str. lights Sept 2-00-987-0775 V.R. Str. light~ Aug 2-00-397-5059 various mtrs Sept 2-10-331-1353 Fire Stn 84 Sept 2-24-817-8717 Old Kent Prk Sept 2-24-628-8963 Btrfld Stage 12,588.45 4,606.99 4,501.70 1,398.56 251.95 26.53 23,374.18 Pages apChkLst Final Check List Page: 9 09/18/2003 4:07:11PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86690 09/18/2003 001212 SO CALIF GAS COMPANY 86691 09/18/2003 000519 SOUTH COUNTY PEST 86692 09/18/2003 86693 09/18/2003 86694 09/18/2003 86695 09/18/2003 004163 SPORTS CHALET 002015 STAR WAY PRODUCTIONS 004247 STERICYCLE INC 000752 STONE, JEFFREY 86696 09/18/2003 000307 TEMECULA TROPHY COMPAN 86697 09/18/2003 86698 09/18/2003 86699 09/18/2003 86700 09/18/2003 86701 006752 TISTHAMMER, MARY JOE 006192 TRISTAFF GROUP 003228 U S BANK TRUST NATIONAL AS 004486 UNION 76 09/18/2003 004261 VERIZON CALIFORNIA 86702 09/18/2003 004279 VERIZON CALIFORNIA INC. 86703 09/18/2003 004789 VERIZON INTERNET SOLUTION (Continued) Description Sept City facilities gas mtr usage Sept 095-167-7907-2 Fire Stn 84 pest control svcs:CRC pest control svcs:City Hall pest control svcs:Fire Stn 92 pest control svcs:Sr. Center Bicycle repair & maint:police Sound Sys. Operation:July 4th Parade Aug medical waste collection svcs reimb:Sister Cities Conf:7/23-25/03 Pins for Eagle Scouts Refund:Ex. Sr.-Del Mar Fair temp help w/e 8/31 Bradley temp help w/e 9/07 Bradley Trustee admin fees RDA 2002 City vehicle fuel usage Sept xxx-5072 general usage Aug xxx-5029 geneml usage Aug xxx-1540 O.T. prk lot Sept xxx-1941 PTA CD TrACSD Aug xT, x-5840 general usage Aug xxx-5780 general usage Aug xxx-2629 Naggar Aug xxx-1289 Pratt Aug ,'oc<-2670 911 auto dialer Aug xxx-2730 elevator Aug access-CRC phone line Aug access-rvsd co phone line Intemet svcs/EOC backup @stn 84 ~mount Paid Check Total 964.41 92.15 1,056.56 90.00 56.00 42.00 29.00 217.00 80.38 80.38 473.00 473.00 69.50 69.50 71.80 71.80 533.36 533.36 10.00 10.00 520.00 416.00 936.00 4,600.00 4,600.00 21,53 21.53 1,750.18 677.06 89.58 58.31 31.45 31.45 29.84 29.67 29.27 29.27 2,756.08 350.40 273.75 624.15 69.95 69.95 Page9 apChkLst Final Check List Page: 10 09/18/2003 4:07:11PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86704 09/18/2003 86705 09/18/2003 86706 09/18/2003 86707 09/18/2003 86708 09/18/2003 86709 09/18/2003 86710 09/18/2003 86711 09/18/2003 004200 VERIZON WIRELESS LLC 004595 WESTERN MUSEUMS ASSOCl 005995 WESTWAYS & JOURNEY PUBL 004829 WILSON GROUP LLC, THE 006757 WRAy, HEATHER 000345 XEROX CORPORATION BILLIN 006754 YARGER, KlM 000346 YATES, GRANT (Continued) Description Amount Paid Check Total 9/15-12/14/03 pager svcs:Stone membership dues:Parker/Ott Sep/Oct '03 ad text changes Sept State lobbyist svcs:City issues Refund: Music for Toddlers fax supplies/NCR paper:Copy Center fax supplies/NCR paper:Copy Center Refund:Sign Language - Kids reimb:Calif. League Conf:9/7-10/03 39.32 125.00 25.00 3,500.00 31.00 338.34 200.42 60.00 50.00 Sub total for UNION BANK OF CALIFORNIA: 39.32 125.00 25.00 3,500.00 31.00 538.76 60.00 50.00 1,364,230.05 Page:10 apChkLst Final Check List Page: 10 09/25/2003 1:56:17PM CITY OF TEMECULA 137 checks in this report. Grand Total All Checks: 502.839.35 Detail 09/25/2003 001 214,966.87 165 2,773.67 190 84,941.17 192 97.25 193 12,049.07 194 584.38 210 135,490.34 280 1,200.42 300 571.43 320 37,250.24 330 9,567.95 340 3,346.56 502,839.35 Page:10 apChkLst Final Check List Page: 09/25/2003 1:56:17PM CITY OF TEMECULA Bank ,' union UNION BANK OF CALIFORNIA Check # Date Vendor Description 185 09/25/2003 000246 PERS(EMPLOYEES'RETIREME PERSERPaidMemberContrPmt 186 09/25/2003 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment Amount Paid 57,662.81 17,274.53 187 09/25/2003 188 09/25/2003 189 09/25/2003 000283 INSTATAX (iRS) 000444 INSTATAX (EDD) 000389 U S C M WEST (OBRA), 86712 09/25/2003 004148 AT&T 86713 09/25/2003 86714 09/25/2003 86715 09/25/2003 86716 09/25/2003 006733 ADARBETH, MARILYN 002877 ALTA LOMA CHARTER LINES 000747 AMERICAN PLANNING ASSOCl 000101 APPLEONE, INC. Federal Income Taxes Payment State Disability Ins Payment OBRA - Project Retirement Payment Long distance svcs: P.D. Reimb:Notary Exam & Certificate SMART Excursion bus svc:Knott's Membership: David Hogan 083407 Membership: Rick Rush 080020 Temp help PPE 09/06 Delarm Temp help PPE 09/06 Lee 58,291.07 14,854.30 2,186.40 117.69 75.00 506.27 395.00 190.00 499.20 440.38 86718 09/25/2003 86719 09/25/2003 004262 BIO-TOX LABORATORIES 004176 BROADWING 86717 09/25/2003 002648 AUTO CLUB OF SOUTHERN CA Membership: Ryan Castillo 54068262 Membership: Jeff Beardshear 452779 Membership: Jay Oldham 56332042 Police DUI Drug & Alcohol Screening Police DUI Drug & Alcohol Screening Long distance & intemet svcs 44.00 44.00 44.00 988.40 303.80 1,208.54 86720 09/25/2003 006777 BRUSHIA, MICHELLE Refund: Art- Creative Drawing 40.83 86721 09/25/2003 006773 BUILDERS DESIGN GROUP Refund: Bldg permit overpayment 8.00 86722 09/25/2003 004081 BUSINESS FURNITURE GROUP Reconfigure payroll office: Finance 228.10 86723 09/25/2003 001159 CALIF DEPT OF JUSTICE Fingerprints info for new ee recruitmen 400.00 Check Total 57,662.81 17,274.53 58,291.07 14,854.30 2,186.40 117.69 75.00 506.27 585.00 939.58 132.00 1,292.20 1,208.54 40.83 8.00 228.10 400.00 Page:l apChkl..st Final Check List Page: 2 09125/2003 1:56:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 86724 09/25/2003 86725 09/25/2003 86726 09/25/2003 86727 09/25/2003 86728 09/25/2003 86729 09/25/2003 86730 09/25/2003 86731 09/25/2003 86732 09/25/2003 004228 CAMERON WELDING SUPPLY 004971 CANON FINANCIAL SERVICES, 000137 CHEVRON U S A INC 005417 CINTAS FIRST AID & SAFETY 004405 COMMUNITY HEALTH CHARI 001193 COMP U S A INC 002631 COUNTS UNLIMITED INC 004123 D LPHARES&ASSOCIATES 004569 DAVID TAUSSIG & ASSOCIATE 86733 09/25/2003 003625 DAVIS, JOHN 86734 09/25/2003 006785 DECARL, TERRY 86735 09/25/2003 004192 DOWNS COMMERCIAL FUELI 86736 09/25/2003 86737 09/25/2003 86738 09/25/2003 86739 09/25/2003 86740 09/25/2003 001669 DUNN EDWARDSCORPORATI 002390 EASTERN MUNICIPALWATER 006790 ELECTREND INC. 002438 ENGEN CORPORATION 002939 ENVIRONMENTAL SYSTEMS R Helium tanks refill:TCSD Oct copiers lease agrmnt:City Hall Oct Stn 73 copier lease prat Fuel expense for city vehicles First Aid Supplies for PVV Community Health Charities Payment misc computer supplies: IS Replacement Lamp: City Hall Citywide traffic count data collection Citywide traffic count data collection Oct Lease/Maint:OId Town Storefmnt Tax analysis svcs:Butterfield Stage TCSD instructor eamings Refund: Aquatics-Lifeguard Tmg Fuel for city vehicles: TCSD 61343 Fuel for city vehicles: PW 61353 Fuel for city vehicles: Land Dev 61345 Fuel for city vehicles: B&S 61348 Fuel for city vehicles: Planning 61347 Fuel for city vehicles: CIP 61351 Supplies for graffiti removal 95366-02 Diego Dr Ldscp Ldscp Imprvmnt agrmnt:lst half prat Aug Geotech svcs:Concrete Repairs Staff ESRI training: 9/10-12: Degange 41.93 41.93 6,871.59 507.49 7,379.08 222.35 222.35 17.71 17.71 173.50 173.50 382.39 264.87 647.26 10,425.00 700.00 11,125.00 2,019.87 2,019.87 602.65 602.65 280.00 280.00 135,00 135.00 940.87 631.22 312.75 230.08 178.49 120.87 2,414.28 214.77 214.77 321.20 321.20 8,175.20 8,175.20 415.00 415.00 1,200.00 1,200.00 Page2 Final Check List Page: 3 CITY OF TEMECULA apChkLst 09/25/2003 1:56:17PM Bank: union UNION BANK OF CALIFORNIA Check # Date 86741 09/25/2003 86742 09/25/2003 86743 09/25/2003 86744 09/25/2003 86745 09/25/2003 86746 09/25/2003 86747 09/25/2003 86748 09/25/2003 (Continued) Vendor Description 004464 EXXONMOBIL CARD SERVICES FuelexpenseforCityvehicles 000478 FAST SIGNS 000165 FEDERAL EXPRESS INC 001135 FIRST CARE INDUSTRIAL MED 006784 FITZGERALD, MAUREEN 004019 GOLDEN STATE FENCE COMP 005947 GOLDEN STATE OVERNIGHT 003640 GRAYNER ENGINEERING Signs for C~tizen Corps Safety Expo Express mail services Employee physicals and drug testing. Refund: Aquatics-Lifeguard Ting Repair vinyl link fence @ skate park Express Mail Service: Fire 8/25-9/7 design svcs: Children's Amount Paid 373.25 482.72 129.57 50.00 135.00 1,151.50 29.90 345.00 86749 09/25/2003 006778 GRIFFITH, RASCHELLE Refund: Cake Decorating 86750 09/25/2003 005311 H20 CERTIFIED POOL WATER Aug pool svcs & cleaning: CRC Repair pool lights 86751 09/25/2003 000871 HILTON Htl:ComdexConf:11/16-20:JMJTB 86752 09/25/2003 005748 HODSON, CHERYL A. Support Payment 86753 09/25/2003 006782 HOGAN, KAREN Refund: Aquatics-Lifeguard Ting 86754 09/25/2003 003624 HOWELL, ANN MARIE Graphic Design for Weaver publication Graphic Design for Weaver publication 86755 09/25/2003 006779 HOXMEIER, KAREN Refund: Mus[c:lntro Guitar 86756 09/25/2003 000194 I C M A RETIREMENT TRUST 45 I C M A Retirement Payment 86757 09/25/2003 004219 INDUSTRIAL DISTRIBUTION GR Misc. supplies for Public Works 86758 09/25/2003 004862 INTL PAVEMENT SOLUTIONS I Sept prgs: R.C. Spts Prk ADA Access 10,00 1,700.00 497.42 1,386.48 51.07 135.00 113.14 75.43 132.50 6,753.80 376.12 5,294.70 Check Total 373.25 482.72 129.57 50.00 135.00 1,151.50 29.90 345.00 10.00 2,197.42 1,386.48 51.07 135.00 188.57 132.50 6,753.80 376.12 5,294.70 Page3 apChkLat Final Check List Page: 4 09/25/2003 1:56:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86759 09/25/2003 004444 INTUIT IT SOLUTIONS (Continued) Description Amount Paid Track It Named Techn software: IS 3,163.75 85.00 86760 09/25/2003 006776 JERECZEK, ERIN Refund: Do your own Wedding Flower 86761 09/25/2003 86762 09/25/2003 002424 KELLEY DISPLAYINC 006677 KIESTER, LARA Rod Run & Race for the Cure Banners Cleaning Rod Run Banners Refund: Dance-Youth Hawaiian Beg 3,060.62 169.57 30.00 86763 09/25/2003 86764 09/25/2003 86765 09/25/2003 004481 KIMLEY HORN & ASSOCIATES I 004412 LEANDER, KERRYD. 004499 LESLIES POOL SUPPLY Jul design svcs: Murrieta Crk prjt Credit: Travel not part of agrmnt TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Reissue:Retail pool supplies:CRC 31990.54 -307.00 216.00 216.00 180.00 168.00 69.37 86766 09/25/2003 004905 LIEBERT, CASSIDY & WHITMOR Aug HR legal svcs for TE060-#O001 4,632.08 86767 09/25/2003 003726 LIFE ASSIST INC Paramedic squad supplies: Fire 68.31 86768 09/25/2003 004087 LOWE'S Misc hardware supplies: Parks 87.62 86769 09/25/2003 86770 09/25/2003 003782 MAIN STREET SIGNS 004141 MAINTEX INC Sign Supplies:PW Maint Keep Right/Speed Limit Signs:PW Parking/Safety Ck Pt Signs:PVV Maint Keep Right Signs:PW Maint West Wing custodial supplies 863.72 747.48 401.10 163.56 45.59 86771 09/25/2003 001967 MANPOWER TEMPORARY SER 86772 09/25/2003 006461 MARIPOSA HORTICULTURAL 86773 09/25/2003 004894 MICHAEL BRANDMAN ASSOCIA tamp help PPE 7/20 DankwortlVGaier temp help w/e 9/14 Dankworth temp help w/e 8/31 Dankworth Aug Idscp maint neighborhood prks Jul Idscp maint neighborhood prks Jul Pref Svcs:Pechanga Pkwy 968.04 594.00 594.00 21,935.89 21,935.89 2,498.50 86774 09/25/2003 006780 MILLS, LINDA Refund:Tiny Tots - Fabulous 4&5's 107.00 Check Total 3,163.75 85.00 3,230.19 30.00 3,683.84 780.00 69.37 4,632.08 68.31 87.62 2,175.84 45.59 2,156.04 43,871.78 2,498.50 107.00 Page~ apChkLst Final Check List Page: 5 09/25/2003 1:56:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86775 09/25/2003 001384 MINUTEMAN PRESS 86776 09/25/2003 86777 09/25/2003 86778 09/25/2003 86779 09/25/2003 86780 09/25/2003 86781 09/25/2003 (Continued) 001892 MOBILE MODULAR Description Amount Paid Generic Business Cards:P.D. Main St Business Cards:D. Bridgham Business Cards:J. De Gange Business Cards:Deputy S Acosta Sept modular bldg rental:Stn 92 214.15 114.86 114.86 42.83 005887 MOFFATi' & NICHOL ENGINEER Jun Eng Svcs:French Vly Pkwy/I-15 006786 NOLL, KIMBERLY Refund:Aquatics-Lifeguard Tm 002292 OASIS VENDING City Hall Kitchen/Coffee Supplies Billing error:inv# 90803 003964 OFFICE DEPOT BUSINESS SVS Office Supplies:P.D, Satellite Stn 777.95 48,694.86 135.00 002105 OLD TOWN TIRE & SERVICE City vehicle maintJrepair svcs City vehicle maintJrepaJr svcs billing error:inv# 25535 86782 09/25/2003 001171 ORIENTAL TRADING COMPANY TCC recreation supplies 344.91 107.75 40.77 86783 09/25/2003 86784 09/25/2003 86785 09/25/2003 86786 09/25/2003 006723 OZBUN, CYNDI 006552 PAINTED EARTH 005656 PAPA 004074 PARTY CITY OF TEMECULA IN 86787 09/25/2003 000733 PARTY PZAZZ Refund:Gymnastics-Dynomites Star Day Camp Excursion:8/28/03 Pesticide App Sem:10/02/03:Harringto High Hopes Supplies table linen:9/11 event/Dk Pnd 212.35 36.19 23.00 417.62 86788 09/25/2003 86789 09/25/2003 86790 09/25/2003 86791 09/25/2003 001958 PERS LONG TERM CARE PROG PERS Long Term Payment 000249 PE~ ~¥CASH 005939 POMMER, APRILI. 000253 POSTMASTER Petty cash reimbursement TCSD Instructor Earnings Express mail & postal svcs 72.00 201.30 65,00 87.84 74.90 227.08 733.24 102.40 92.10 Check Total 486.70 777.95 48,694.86 135.00 452.66 40.77 271.54 417.62 72.00 201,30 65.00 87,84 74.90 227.08 733.24 102.40 92.10 Page5 apChkLst Final Check List Page: 6 09/25/2003 1:56:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 86792 09/25/2003 000254 PRESS ENTERPRISE COMPAN 86793 09/25/2003 006151 QUADRANTSYSTEMS LLC Aug recruitment ads for H.R. dept. Cash Mgt. System for Finance 86794 09/25/2003 004792 R H A LANDSCAPE ARCHITECT Sept consulting svcs:V.R. Park "C" 86795 09/25/2003 000981 R H F INC P.D. radar equip repair/mcert.:xx7536 P.D. radar equip recertification:xx2564 P.D. radar equip recertification:xx7524 86796 09/25/2003 Jul svcs:Wolf Crk Spor~s Complex 86797 09/25/2003 Misc Computer Supplies:l.S. Dept. 86798 09/25/2003 Various water meters 86799 09/25/2003 005383 RANCHO SPRINGS MEDICAL C SAFE-T Sponsorship 004029 R J M DESIGN GROUP INC 002612 RADIO SHACK INC 000262 RANCHO CALIF WATER DIST 86800 09/25/2003 86801 09/25/2003 86802 09/25/2003 86803 09/25/2003 006483 RICHARDS, TYREASHA, I. 86804 09/25/2003 006771 RIDENOUR, MARIA 86805 09/25/2003 001592 RIVERSIDE CO INFO 86806 09/25/2003 86807 09/25/2003 86808 09/25/2003 86809 09/25/2003 001500 REGIONAL TRAINING CENTER- Working w/upset public:10/30/03 003591 RENES COMMERCIAL MANAGE weed/trash abate:Citywide R-O-W's 002110 RENTAL SERVICE CORPORATI equip rental for PW Maint Div 005406 RIVERSIDE CO TRAIN OFF. 003544 ROBERT SHEA PERDUE REAL 006781 ROONEY, MARJORIE 004598 S T K ARCHITECTURE equip rental for PW Maint Div TCSD Instructor Earnings Refund:Sec. Deposit:8/31/03 Jul P,D. Emerg. Radio Rental Prey 1B:11/7-9,15-16:L.Nottingham Prey lC:12/6-7,12-14:LNottingham Appraisal fee:Diaz Rd Realignment Refund:Ex. Sr.-Del Mar Fair Aug Prof Svcs:Roripaugh Fire Credit:Reimb Exp. not in Contract Amount Paid 2,200.96 18,233.00 97.01 176.03 59.00 59.00 59,521.53 79.26 11,779.19 15,000.00 135.00 5,000.00 527.20 18.87 ~4.00 100.00 1,193.60 161.00 126.00 6,000.00 10.00 12,510.24 -15.81 Check Total 2,200.96 18,233.00 97.01 294.03 59,521.53 79.26 11,779.19 15,000.00 135.00 5,000.00 546.07 224.00 100.00 1,193.60 287.00 6,000.00 10.00 12,494.43 Pages apChkLst Final Check List Page: 7 09/25/2003 1:56:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date 86810 09/25/2003 86811 09/25/2003 (Continued) Vendor Description 005329 SAFE ALTERNATIVE FOR EVER S.A.F.E. Sponsorship Amount Paid 15,000.00 003389 SAN DIEGO CONVENTION lO/1/03-10/1/04mbrshpdues:Econ Dv 465.00 86812 09/25/2003 005227 SAN DIEGO COUNTY OF 86813 09/25/2003 86814 09/25/2003 86815 09/25~003 86816 09/25/2003 86817 09/25/2003 006783 SCHNEIDER, MELODIE 003492 SCHOLASTIC SPORTS 000645 SMART & FINAL INC 003477 SMITH, BARBARA 000537 SO CALIF EDISON 86818 09/25/2003 000519 SOUTH COUNTY PEST 86819 09/25/2003 86820 09/25/2003 86821 09/25/2003 86822 09/25/2003 86823 09/25/2003 005786 SPRINT 006145 STENO SOLOUTIONS 006775 STUMPF, SANDRA 003599 T Y LIN INTERNATIONAL 000305 TARGET STORE 86824 09/25/2003 86825 09/25/2003 Support Payment Refund:Aquatics-Lifeguard Tm City ads:TVHS sports prgms/posters High Hopes Supplies CRRA Conf:7/20-23/03:Ontario,Ca Sept 2-19-999-9442 various mtrs Sept 2-23-365-5992 Fire Stn 92 Sept 2-22-891-0550 vadous mtra Sept 2-24-151-6582 Overland TH pest control svcs:Paloma Del Sol Pk pest control svcs:Fire Stn 92 Sept acct level charges Aug transcription svcs:Tem. Police Refund:Cake Decorating Aug Pmf Svcs:R.C.Bddge Widening CRC Recreation Supplies Aquatics Program Supplies SMART Program Supplies Summer Day Camp Supplies Summer Day Camp Supplies 000309 TEMECULA COPIERS Aug City Facilities Copier Usage 001672 TEMECULA DRAIN SERV & PLU West Wing plumbing svcs 132.00 135.00 100.00 280.78 114.20 1,767.56 513.33 317.95 12.95 84.00 42.00 34.04 1,309.92 55.00 1,179.70 129.83 60.72 51.63 19.53 15.82 2,847.60 65.00 Check Total 15,000.00 465.00 132.00 135.00 100.00 280.78 114.20 2,611.79 126.00 34.64 1,309.92 55.00 1,179.70 277.53 2,847.60 65.00 Page] apChkLst Final Check List Page: 8 09/25/2003 1:56:17PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 86826 09/25/2003 005412 TEMECULA GARDEN & POWER 86827 09/25/2003 000307 TEMECULATROPHY COMPAN Amount Paid equip repaim for PW Maint Div Recogn. Plaque:P.Comemhero 247.81 101.34 86828 09/25/2003 86829 09/25/2003 006765 THOMPSON, SHAUNA 86830 09/25/2003 005567 TOTL GEAR LLC 86831 09/25/2003 003031 TRAFFIC CONTROL SERVICE I 86832 09/25/2003 006192 TRISTAFF GROUP 86833 09/25/2003 004981 UNISOURCE SCREENING & 86834 09/25/2003 000325 UNITED WAY 86835 09/25/2003 86836 09/25/2003 86837 09/25/2003 86838 09/25/2003 86839 09/25/2003 004274 TEMECULA VALLEY SECURITY Parks locksmith svcs 004261 VER[ZON CALIFORNIA 004848 VERIZON SELECT SERVICES I 001342 WAXIE SANITARY SUPPLy INC 003730 WEST COAST ARBORISTS INC 003835 WEST COAST SUPPLy 86840 09/25/2003 003756 WHITE HOUSE SANITATION 006678 WRIGHT, INGRID 006645. ZACCURI, GABRIELLE 006774 ZAMORA, ANGELICA 86841 09/25/2003 86842 09/25/2003 86843 09/25/2003 Refund:Level 2/4/5 Swim Lessons t-shirts for Summer Day Camp add'l t-shirts for Summer Day Camp PW Maint. Div. supplies PW Maint. Div. supplies temp help w/e 9/14 Bradley 9/1-15/03 background svcs United Way Charities Payment Sept var phone general usage Sept )~(x-1473 P.D. Storefront Sept long distance phone svcs CRC custodial supplies Citywide Tree/Stump Removal Parts/Supplies for PW Maint Div Sept cleaning svcs:Btrfld Stage R.R. Refund:Acrylic WS-Still Life Refund:Grading Deposit Refund:Picnic Shelter:10/12/03 93.53 50.00 1,000.11 165.24 5,150.45 297.39 520.00 121.00 253.30 1,408.48 120.46 1,544.79 124.19 435.00 2,896.03 50.00 30.00 249.00 25.00 Check Total 247.81 101.34 93.53 50.00 1,165.35 5,447.84 520.00 121.00 253.30 1,528.94 1,544.79 124.19 435.00 2,896.03 50.00 30.00 249.00 25.00 Page~ apChkLst Final Check List Page: 9 09/25/2003 1:56:17PM CITY OF TEMECULA Sub total for UNION BANK OF CALIFORNIA: 502,839.35 Page9 apChkLst Final Check List Page: 10 10/02/2003 12:07:39PM CITY OF TEMECULA 127 checks in this report. Grand Total All Checks: 1,683,962.10 Detail 10102/2003 001 1,603,241.07 165 1,245.00 190 25,627.72 193 894.87 194 3,270.00 210 18,179.00 280 10,587.80 320 8,804.38 330 35.57 340 12,076.69 1,683,962.10 Page:l 0 apChkLst Final Check List Page: 1 10102/2003 12:07:39PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86844 09/25/2003 86845 10/02/2003 86846 10/02/2003 86847 10/02/2003 86848 10/02/2003 86849 10/02/2003 003859 ALL ABOUT SELF STORAGE 003392 AARON BROTHERS ART & FRA 006733 ADARBETH, MARILYN 006792 ADB-ALLAH, MUSTAFAA 000936 AMERICAN RED CROSS 000101 APPLE ONE, INC. 86850 10/02/2003 001561 ARCH WIRELESS 86851 10/02/2003 001323 ARROWHEAD WATER INC 86852 10/02/2003 86853 10/02/2003 86854 10102/2003 86855 10/02/2003 002648 AUTO CLUB OF SOUTHERN CA 003814 BALLREICH, MICHAELA 003466 BASKET & BALLOONS TOO! 002541 BECKER CONSTRUCTION SRV Description Sep03-Oct04 storage unit G702 lease Museum Exhibit supplies Reimb:Finger print certification fees Refund: Kids Luv Scccer 1 / 5-6.9 Community services grant Temp help PPE 9/13 Delarm Temp help PPE 9/20 Delarm Temp help PPE 9/13 Hare Temp help PPE 9/20 Lee Temp help PPE 9/20 Hare Temp help PPE 9/13 Wills Temp help PPE 8/30 Wills Temp help PPE 9/13 Lee Temp help PPE 9/20 Wills Temp help PPE 9/6 Hare Sept-Dec paging/rental svcs Bottled wtr servs @ West Wing Bottled wtr se~,s @ City Hall BottJed wtr servs @ Chaparral Pool Bottled wtr servs @ SMART prgm Bottred wtr se~s @ CRC Bottled wtr servs @ Chaparral Pool Bottled wtr servs @ Skate Park Bottled wtr servs @ Museum Membership: Doug Armstrong 76766 Reimb: Qtrly Mid-Mgmt Mtg Promotional Baskets for Eco Devel Main Street bridge piers repairs A.C, Saw cutting for PW Amount Paid 1,200.00 226.54 75.00 56.25 9,500.00 624.00 624.00 607.75 581.75 572.00 572.00 572.00 568.75 543.40 457.60 833.61 373.89 321.86 142.33 102.07 61.25 56.40 53.60 29.73 44.00 57.17 233,82 35,000.00 3,155.00 Check Total 1,200.00 226.54 75.00 56.25 9,500~00 5,723.25 833.61 1,141.13 44.00 57.17 233.82 38,155.00 Page:l apChkLst Final Check List Page: 2 1 DI02/2003 12:07:39PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86856 10/02/2003 86857 10/02/2003 86858 10/02/2003 86859 10/02/2003 86860 10/02/2003 86861 10/02/2003 86862 10/02/2003 86863 10/02/2003 006721 BOISE CASCADE OFFICE 004248 CALIF DEPT OF JUSTICE/ACCT 002543 CALIF STATE WATER 006075 CAMPBELL, KENTON ScoTr 006802 CAMPOS, ALLISON 006793 CARTER, KERI 006808 COMDEX LAS VEGAS 2003 001193 COMP U S A INC 86864 10/02/2003 002147 COMPLIMENTS COMPLAINTS & 86865 10/02/2003 86866 10/02/2003 86867 10/02/2003 86868 10/02/2003 86869 10/02/2003 006303 CONDUIT NETWORKS, INC 002945 CONSOLIDATED ELECTRICAL 001264 COSTCO WHOLESALE 002990 DAVID TURCH & ASSOCIATES 001380 E S I EMPLOYMENT SERVICES 86870 10/02/2003 006002 ELWELL, JENNIFER (Continued) Description Amount Paid Check Total Misc. office supplies: Code Police DUI Drug & Alcohol Screening Notice of Intent fees:Sports Complex TCSD instructor earnings Refund: Dance-Youth Hawaiian Beg Refund: Tiny Tots-Creative Beg Comdex Exhibits:l 1/17-20:McBede Comdex Exhibits:l 1/17-20:Buckley 50167352 Replacement Lamp for LP5 Computer keyboard & cables: IS Entertainment: MP Sr Ctr loth Anniv Entertainment: Margarita Comm Prk Entertainment Depst:Race for The Cur Aug Network Client Services Electrical supplies: City Parks Refrigerator for Sam Hick Prk snack b Oct Federal lobbyist svcs Temp help PPE 9/19 Heer Temp help PPE 9/19 Rush Temp help PPE 9/19 Jones Temp help PPE 9/19 Bragg Temp help PPE 9/19 Novotny Temp help PPE 9/19 Cammamta Temp help PPE 9/19 Montecino Temp help PPE 9/19 Kanigowski Temp help PPE 9/19 Seng Refund: Sports:BB Fundamentals 9.99 9.99 2,625.00 2,625.00 700.00 700.00 347.20 347.20 25.62 25.62 65.00 65.00 50.00 50.00 100.00 1,085.05 168.74 1,253.79 350.00 300.00 125.00 775.00 1,950.00 1,950.00 387.90 387.90 484.86 484.86 3,000.00 3,000.00 2,119.78 1,886.40 1,456.80 1,425.60 1,240.80 1,187.66 1,172.00 1,110.69 1,044.41 12,644.14 25.00 25.00 Page2 apChkLet Final Check List Page: 3 10/02/2003 12:67:39PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86871 10/02/2003 86872 10/02/2003 86873 10/02/2003 86874 10/02/2003 86875 10/02/2003 005052 EMCOR SERVICE 005251 EQUIPMENT REPAIR SERVICE 006799 FAVOR, KRISTI 003174 FIREHOUSE MAGAZINE 000165 FIRST AMERICAN TITLE 86876 10/02/2003 003347 FIRST BANKCARD CENTER 86877 10/02/2003 006796 FIRST BAPTISTCHRUCH 86878 10/02/2003 002982 FRANCHISE TAX BOARD 86879 10/02/2003 006693 FRINK, SANDY 86880 10/02/2003 006156 FULLER, TRACIE 86881 10/02/2003 86882 10/02/2003 86883 10/02/2003 86884 10/02/2003 86885 10/02/2003 006811 GELANYI, LIDIA 006798 GLADU-CASTO, U-WEN 006250 HAZ MAT TRANS INC 006049 HERRERA, DEB 000871 HILTON (Continued) Description H.V.A.C. repair @ City Hall Mobile Equip Repair:PW mntc Mobile Equip Repair:PW mntc Refund: CRC Room Rental Windsor Firehouse subscription renew McBride Firehouse subscription renew Lot Bcok Report: Vargas Lot Book Report: Sieveke Lot Book Report: Vega xx-6165 Yates:Prof Mtgs/Conf/Supplie xx-9277 R.Roberts:Var. Conf Expense xx-9798 Stone:H.LS.Int'l travel agency xx-2292 G.Roberts:Fire EMS conf xx-2292 G.Roberts:Staff Team Bldg xx-7708 EImo: Prof Mtgs in Town xx-7824 Comerchero: North Co. Times xx-2292 G.Roberts: GFOA refund Refund: Security Deposit 2002 Calif Exempt Tax Return Refund: Grading Print:31850 Calle Refund: Hawaiian Dance Teen Advanc Refund: Security Deposit Refund: Dance-Youth Hawaiian Beg Hazardous waste disposal svcs: PW Refund: Gymnastics:Dynomites HoteI:NFPA Conf:l 1/15-19:Horton Amount Paid Check Total 227.50 227.50 323.52 310.56 634.08 147.50 147.50 52.00 52.00 104.00 150.00 150.00 150.00 450.00 2,497.90 2,218.51 1,217.02 840.00 210.96 187.65 45.00 -288.00 6,929.04 100.00 100.00 10.00 10.00 249.00 249.00 8.75 8.75 100.00 100.00 25.62 25.62 2,183.32 2,183.32 83.00 83.00 456.96 456.96 Page3 Final Check List Page: 4 CITY OF TEMECULA apChkLst 10/02/2003 12:07:39PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86886 10/02/2003 004286 HUFCOR AIRWALL 86887 10/02/2003 86888 10/02/2003 86889 10/02/2003 86890 10/02/2003 86891 10/02/2003 86892 10/02/2003 86893 10/02/2003 86894 10/02/2003 006801 JACKSON, MICHELLE 86895 10/02/2003 005928 JUTKIEWICZ, ROBIN J. 86896 10/02/2003 86897 10/02/2003 86898 10/02/2003 86899 10/02/2003 86900 10/02/2003 005583 HUGHES, WILLIAM 003938 lAN DAVIDSON LANDSCAPE- I (Continued) Description Repair CRC Multi-Purpose Partitions Reimb:PW mntc staff mtg expenses Consulting svcs: Educational facility Consulting svcs: Educational facility 004219 INDUSTRIAL DISTRIBUTION GR Maintenance supplies: P W 8 ft EZ reacher w/lock & Fold: PW 006791 INT'L PRINTING MUSEUM, THE History in Motion Event: Museum:10/3 001517 INTEGRATED INSIGHTS DBA: H Sept: EE assistance program svcs 001407 INTER VALLEY POOL SUPPLY I 001186 IRWIN, JOHN 006800 KRAMER, GREG 006797 KROSSCHEL, KIMBER 006813 KUTCHUK, MELISSA 000209 L & M FERTILIZER INC 006744 LAMAR CORPORATION, THE 86901 10102/2003 006788 LAMB, CAROL 86902 10102/2003 006806 LEADS ETC., iNC. Pool sanitizing chemicals Pool sanitizing chemicals TCSD instructor earnings Refund: Back to the beach TCSD instructor earnings Refund: Security Deposit Refund: Room Rental Exchange Student Sponsorship Repair Stn 73 two chainsaws Sept billboard lease-Old Town Aug billboard lease-Old Town July billboard lease-Old Town June billboard lease-Old Town Refund: Security Dept/Rental NFPA Fall Conf:l 1/16-19:Horton Amount Paid Check Total 2,334.00 2,334.00 139.75 139.75 671.41 262.33 933.74 540.77 288.51 829.28 400.00 400.00 670.32 670.32 203.43 190.72 394.15 740.00 7,40.00 6.00 6.00 408.00 408.00 100.00 100.00 400.00 400.00 250.00 250.00 450.90 450.90 2,500.00 2,500.00 2,500.00 2,082.50 9,582.50 377.00 377.00 440.00 440.00 Page~ apChkLst Final Check List Page: 5 10182/2003 12:07:39PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86903 10/02/2003 004230 LINCOLN EQUIPMENTINC 86904 10/02/2003 86905 10/02/2003 86906 10/02/2003 86907 10/02/2003 86908 10/02/2003 86909 10/02/2003 86910 10/02/2003 006794 LOCKHART, TRACY 004068 MANALILI, AILEEN 86911 10/02/2003 000973 MIRACLE RECREATION EQUIP 86912 10/02/2003 006708 MOUNTAIN VIEW COMMUNITY 86913 10/02/2003 006745 MUNICIPAL MAINTENANCE 86914 10/02/2003 86915 10/02/2003 86916 10/02/2003 86917 10/02/2003 86918 10/02/2003 (Continued) Description 2 Umbrella ring holder. CRC pool Refund: Sports-Kids Love Soccer TCSD Instructor Earnings TCSD Instructor Earnings 006787 MANN, SILVA Refund:Sec. Deposit 001967 MANPOWER TEMPORARY SER temp help w/e 9/21 Dankwor~h temp help w/e 9/07 Dankworth 006795 MENDOZA, NORMA Refund:Hawaiian Dance Teen Begin 004208 MILANOS Refreshments:Council mtg:9/16/03 001384 MINUTEMAN PRESS BusinessCards:Thorson/Bddgham Business Cards:T. Thorson Business Cards:M. Horton 2 park grills for city parks Ref und:Sec. Depst:9/20:Concert Ref und:Sec. Deposit:9/20:Picnic equip for Catch Basin maint:PW Maint 001986 MUZAK INC CRC amphitheater sound sys maint. Oct music broadcast:Old Town 002925 NAPA AUTO PARTS MS vehicle parts/supplies 006814 NATIONALEMERGENCYTRAIN htl:DeputyT.Scanlon:10/5-9/03 006140 NORTH JEFFERSON BUSINESS Oct-Dec dues:Lot 17/PM 23561-2 003964 OFFICE DEPOT BUSINESS SVS Office Supplies:P.D. Storefront Stn Office Supplies:P.D. Storefmnt Stn Office Supplies:TCSD Amount Paid Check Total 51.95 51.95 56.25 56.25 336.00 28.00 364.00 100.00 100.00 594.00 445.50 1,039.50 30.00 30.00 173.35 173.35 183.17 114.86 42.83 340.86 335.30 335.30 100.00 100.00 200.00 788.48 788.48 282.34 59.50 341.84 19.35 19.35 150.00 150.00 329.00 329.00 683.11 50.36 43.59 777.00 Page5 apChkLst Final Check List Page: 6 10/02/2003 12:07:39PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 86919 10/02/2003 002106 OLDTOWN TIRE & SERVICE 86920 10/02/2003 86921 10/02/2003 86922 10/02/2003 86923 10/02/2003 006809 PACE INTERNATIONAL 004069 PAL OFFICE PRODUCTS 006812 PAPAGOLOS, GUS 000249 PETTY CASH 86924 10/02/2003 006480 PIERRE SPRINKLER & 86925 10/02/2003 86926 10/02/2003 86927 10/02/2003 86928 10/02/2003 002072 RANCHO CALIF WATER DIST 86929 10/02/2003 000262 RANCHO CALIF WATER DIST 86930 10/02/2003 000266 RIGHTWAY 86931 10/02/2003 006832 RIVERSIDE CO CLERK OF THE City vehicle maintJrepair svcs City vehicle maint/repair svcs City vehicle maint/mpair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle maintJrepair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle mainVrepair svcs Credit:Billing error Sister Cities trip to Nakayama 10/7-16 Amount Paid PW typewritem repairs/maint. 230.56 215.16 123.01 111.55 106.81 83.86 74.49 55.00 54.24 -3.00 6,940.00 Reimb:Cal-Card Training:9/17/03 212.00 Petty cash reimbursement 112.79 Ldscp impr:V.R./Nighthawk Pass 006805 PINKHAM, ROCHELLE Refund:Teen-Kitchen Survival 002483 PRO TECH SERViCES/PARTS D T.E.S. Pool:repair/clean heater 003493 PRO-CRAFT OVERHEAD DOOR Res Imp Prgm: Martinez, Ricardo & R 422.23 86932 10/02/2003 006832 RIVERSIDE CO CLERK OF THE 86933 10/02/2003 006832 RIVERSIDE CO CLERK OF THE Waterline reloc, fees:J.W, assmt. Sept 01-99-02003-0 floating mtr Sept 02-79-10100-1 NW Sports Prk equipment rental - Paseo Park 60.00 6.00 75.00 795.00 16,400.00 243.41 77.46 61.78 Eminent Domain: Winchester Rd Pdt 163,100.00 Eminent Domain: Winchester Rd Pdt 157,000.00 Eminent Domain: Winchester Rd Prjt 90,500.00 Check Total 1,051.68 6,940.00 212.00 112.79 422.23 60.00 6.00 75.00 795.00 16,400.00 320.87 61.78 163,100.00 157,000.00 90,500.00 Page~ apChkLst Final Check List Page: 7 10/02/2003 12:07:39PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86934 10/02/2003 86935 10/02/2003 86936 10/02/2003 86937 10/02/2003 86938 10/02/2003 86939 10/02/2003 86940 10/02/2003 006832 RIVERSIDE CO CLERK OF THE 006832 RIVERSIDE CO CLERK OF THE 006832 RIVERSIDE CO CLERK OF THE 006832 RIVERSIDE CO CLERK OF THE 005334 RIVERSIDE CO FACILITIES 000406 RIVERSIDE CO SHERIFFS DEP 000873 ROBERTS, RONALD H. 86941 10/02/2003 006701 RUSH, MELODY 86942 10/02/2003 002226 RUSSO, MARY ANNE 86943 10/02/2003 006555 S B C PACIFIC BELL 86944 10/02/2003 005018 SACHER, SUZANNE L. 86945 10/02/2003 004014 SAN DIEGO SPORTS ARENA 86946 10/02/2003 003492 SCHOLASTIC SPORTS 86947 10/02/2003 006803 SHADLE, LISE 86948 10/02/2003 86949 10/02/2003 000645 SMART & FINAL INC 86950 10/02/2003 002718 SO CALIF CITY CLERKS ASSN (Continued) Description Amount Paid Eminent Domain: Winchester Rd Prjt Eminent Domain: Winchester Rd Pdt Eminent Domain: Winchester Rd Prjt Eminent Domain: Winchester Rd Prjt 6/12-7/09/03 svcs:F.V. Pkwy intemhg FY03/04 CAL-ID 7/24-6/20/03:1aw enfomement Reimb:SCAG mtg:9/03/03 Reimb:Exec. Forum:7/15-19/03 reimb:League Conf:9/7-9/03 80,000.00 71,375.00 60,600.00 39,540.00 750.00 62,522.00 757,862.25 145.20 33.04 27.84 Refund:Belly Dancing TCSD Instructor Earnings 30.00 721.00 PIX Fimwall svc for SA~/License TCSD Instructor Earnings additional tickets sold: 10/18/03 City ads:CHS sports programs/posters Ref und:Gym nastics-Dynomites Refund:Arts/Crafts-Childrens 000385 SHELDON EXTINGUISHER COM CRC/WestWingfireextinguishermai recreation supplies:MPSC Supplies for meetings:Finance SCCCA mtg:S.Jones:10/26/03 1,989.00 36.00 320.00 100.00 50.00 15.00 69.90 161.93 57.44 70.00 Check Total 80,000.00 71,375.00 60,600.00 39,540.00 750.00 820,384.25 206.08 30.00 721.00 1,989.00 36.00 320.00 100.00 65.00 59.90 219.37 70.00 Page~ apChkLst Final Check List Page: 8 10/02/2003 12:07:39PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86951 10/02/2003 000537 SO CALIF EDISON 86952 10/02/2003 005786 SPRINT (Continued) Description Sept 2-00-397-5042 City Hall Sept 2-02-502-8077 West Wing Sept 2-02-351-4946 Sr Ctr Sept 2-00-397-5067 various mtrs Sept 2-18-937-3152 Museum Sept various electric meters various electric meters Sept 2-20-817-9929 P.D.Front St. Stn Sept 2-19-171-8568 Wedding Chpl Sept 2-21-981-4720 Hwy 79 Sept 2-14-204-1615 Front St Rdio 8/15-9/14/03 cell phone services 86953 10/02/2003 006804 STEVVART, MARGARET Refund:Teen-Kitchen Survival 86954 10/02/2003 86955 10/02/2003 86956 10/02/2003 002224 SYNDISTAR INC 000305 TARGET STORE 006810 TAYLOR, LINDAJ. Public Education Materials:Fire Prey Public Education Materials:Fire Prey Office Supplies:PW Dept recreation supplies for Skate Park Storage Cabinet:Police recreation supplies:Star Day Camp recreation supplies:Family Fun Night recreation supplies:Halloween event Refund:Parking Cite #44330 86957 10/02/2003 005985 TECHNOLOGY INTEGRATION G 86958 10/02/2003 006465 TEMECULAAUTO REPAIR 86959 10/02/2003 000307 TEMECULATROPHYCOMPAN 86960 10/02/2003 000316 THORNHILL, GARY 86961 10/02/2003 005937 TOMCZAK, MARIA T. 86962 10/02/2003 006192 TRISTAFFGROUP Computer and Printer Supplies Computer and Printer Supplies Computer and Printer Supplies Fire Prev vehicle repair/maint svcs recogn.paques:Kelley/Zigler/Moramam reimb:Place Making Conf:9/11-12/03 TCSD Instructor Eamings temp help w/e 9/21 Bradley Amount Paid Check Total 7,470.54 2,100.45 1,162.23 894.87 760.91 725.36 259.42 203.45 86.92 62.15 19.30 13,745.60 5,808.63 5,808.63 6.00 6.00 1,648.00 1,220.00 2,868.00 271.14 152.52 118.50 112.17 73.91 45.83 774.07 25.00 25.00 731.49 397.19 16,15 1,144.83 120.53 120.53 265.32 265.32 156.35 156.35 60.00 60.00 520.00 520.00 Page~ apChkLst 10/02/2003 12:07:39PM Final Check List Page: 9 CiTY OF TEMECULA (Continued) Description Amount Paid Check Total Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86963 10/02/2003 86964 10/02/2003 000459 TUMBLE JUNGLE FITNESS GY 006563 TYLER, WILLIAM TCSD Instructor Eamings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Eamings TCSD instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD instructor earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Eammgs TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Reimb:Cad Zone:9/21-24/03 440.00 440.00 431.20 431.20 388.80 369.60 352.80 352.80 352.80 352.80 316.80 316.80 308.00 308.00 235.20 235.20 235.20 235.20 196.00 196.00 196.00 78.40 39.20 6,808.00 227.23 227.23 86965 10/02/2003 86966 10/02/2003 86967 10/02/2003 86968 10/02/2003 006699 USDA FOREST SERVICE 004261 VERIZON CALIFORNIA 004789 VERIZON INTERNETSOLUTION 004861 VON RICHTER, POLLY Public Education Materials:Fire Prey Public Education Materials:Fire Prev Sept xxx-9897 general usage Sept xxx-3526 fire alarm Sept x:(x-3564 alarm Sept xy, x-2676 general usage Sept intemet svcs:J. Comemhero Sept intemet svcs:M. Naggar Reimb:Treasury Mgmt Sem:9/17-19/O 127.00 57.5O 184.50 90.48 85.52 57.01 29.50 262.51 69.95 69.95 139.90 51.12 51.12 86969 10/02/2003 006698 W M BALDWIN TRACTORS Weed Abatement Svcs:Code Enf. 5,745.00 5,745.00 86970 10/02/2003 000621 WESTERN RIVERSIDE COUNC FY 03/04 Council mbrshipdues Solid Waste Co-Op Prgm mbrshp due 11,356.00 3,270.00 14,626.00 Sub total for UNION BANK OF CALIFORNIA: 1,683,962.10 Page~ apChkLst Final Check List Page: 9 10/10/2003 8:54:42AM CITY OF TEMECULA 120 checks in this report. Grand Total All Checks: 763.651.12 Detail 10/10/2003 001 279,082.02 165 312,623.85 190 93,194.60 192 2,560.97 193 13,138.39 194 5,787.68 210 19,881.43 280 9,476.94 300 2,670.16 320 16,490.26 330 1,592.76 340 7,152.06 763,651.12 Page'9 apChkLst Final Check List Page: 1 10/10/2603 8:54:42AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date 190 10/09/2003 191 10/09/2003 000444 INSTATAX (EDD) 192 10/09/2003 000283 INSTATAX (IRS) Vendor Description 000245 PERS (HEALTH INSUR. PREMIU Blue Shield HMO Payment State Disability Ins Payment Federal Income Taxes Payment Amount Paid 49,843.38 16,566.75 64,472.92 Check Total 49,843.38 16,566.75 64,472.92 193 10/09/2003 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 194 10/09/2003 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr Payme 195 10/09/2003 196 10/09/2003 197 10/02/2003 86971 10/10/2003 86972 10/10/2003 86973 10/10/2003 86974 10/10/2003 86975 10/10/2003 000389 U S C M WEST (OBRA), 000642 TEMECULA CITY FLEXIBLE 004236 WASHINGTON MUTUAL BANK 003552 AFLAC 005288 ADAMS, GREG OBRA - Project Retirement Payment Employee contribution to flex Mission Village Apts Pledge Funds Pm AFLAC Cancer Payment Reimb:EMS Conf:9/22-25/03 002187 ANIMALFRIENDSOFTHEVALL Sept animal contml services 000101 APPLEONE, INC. 003376 ARTS COUNCIL, THE 86976 10/10/2003 003466 BASKET & BALLOONS TOO! 86977 10/10/2003 006895 BEE, JACK 86978 10/10/2003 006721 BOISE CASCADE OFFICE 86979 10/10/2003 005103 BUCKLE-Y, TIM Temp help PPE 9/6 Wills TCSD Community Grant Agrmnt Promotional Baskets: Econ Dev Refund:Encroachment permit Planning office supplies Code Enfomement misc. supplies Code Enfomement misc. supplies Reimb:EMS Conf:9/22-25/03 19,241.42 58,424.88 2,175.82 7,799.38 305,000.00 1,470.70 118.01 7,250.00 457.60 10,000.00 306.70 125.00 490.47 92.44 64.62 365.47 19,241.42 58,424.88 2,175.82 7,799.38 305,000.00 1,470.76 118.01 7,250.00 457.60 10,000.00 306.70 125.00 647.53 365.47 Page:l apChkLst Final Check List Page: 2 10/10/2003 8:54:42AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 86980 10/10/2003 002099 BU'I-rERFIELD ENTERPRISES 86981 10/10/2003 86982 10/10/2003 86983 10/10/2003 86984 10/10/2003 86985 10/10/2003 000154 CSMFO 000128 CAL SURANCE ASSOCIATES I 001054 CAUF BUILDING OFFICIALS 004248 CALIF DEPT OF JUSTICE/ACCT 004228 CAMERON WELDING SUPPLY Amount Paid Oct Old Town bathroom lease membership: P.Brown/G.Roberts property ins. change:28690 Memedes Ann'l Education Wk:IO/20/O3:B&S St Ann'l Education Wk:10/20/03:P. Zuna DUI:Drug/Alcohol Screening:Police Helium tanks refill:TCSD 826.00 200.00 4.33.60 1,300.00 130.00 210.00 20.00 86986 10/10/2003 003554 CANADA LIFE ASSURANCE CO Mandatory Life lnsurance Payment 86987 10/10/2003 86988 10/10/2003 86989 10/10/2003 86990 10/10/2003 004405 COMMUNITY HEALTH CHARI 001193 COMP U S A INC 86991 10/10/2003 006042 CREATIVE EVENT SOLUTIONS 86992 10/10/2003 86993 10/10/2003 86994 10/10/2003 86995 10/10/2003 86996 10/10/2003 002701 DiVERSiFIED RISK Community Health Charities Payment Computer Monitor for Police 002147 COMPLIMENTS COMPLAINTS & HalloweenOIdTown:DynamiteDave 000442 COMPUTER ALERT SYSTEMS Service call & batteries:Museum Disaster Conf:10/9:McBride Disaster Conf:l 0/9:Adams Refund:PW improve insp Sept parking citation processing Res Imp Prgm:B.Schmidt 000684 DIEHL EVANS & COMPANY LLP Yr End 2003 Audit Svcs:RDA Sept special events premium 006894 CROWN, DANIEL RAY 001393 DATA TICKET INC 003006 DEWlTrCUSTOM PAINTING 2,337.25 173.50 896.34 850.00 77.93 169.00 169.00 377.76 414.11 2,100.00 750.00 829.54 Check Total 826.00 200.00 433.60 1,430.00 210.00 20.00 2,337.25 173.50 896.34 850.00 77.93 338.00 377.76 414.11 2,100.00 750.00 829,54 Page2 apChkLst Final Check List Page: 3 1011~/2003 8:54:42AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check if Date Vendor Description 86997 10/10/2003 004192 DOWNS COMMERCIAL FUELI 86998 10/10/2003 86999 10/10/2003 87000 10/10/2003 004990 ELEMENT K JOURNALS 005052 EMCOR SERVICE 006487 EUROPEAN CAFE & VINEYARD 87001 10/10/2003 002037 EXPANETS 87002 10/10/2003 006902 FANENE, LYNN 87003 10/10/2003 87004 10/10/2003 87005 10/10/2003 87006 10/10/2003 87007 10/10/2003 87008 10/10/2003 000478 FAST SIGNS 000165 FEDERAL EXPRESS INC 003347 FIRST BANKCARD CENTER 004239 FISHER MERRIMAN SEHGAL 006630 GARClE, CATHIE 000186 HANKS HARDWARE INC Fuel for city vehicles:C.M. 61343 Fuel for city vehicles:PW 61353 Fuel for city vehicles:CIP 61345 Fuel for city vehicles:Police 61347 Fuel for city vehicles:B&S 61348 Fuel for city vehicles:CIP 61351 Fuel for city vehicles:Fire 91349 Fuel for city vehicles:PW 61953 Fuel for city vehicles:Fin 61863 Inside Microsoft Fmtpg:P Comemhero H.V.A.C. prevention mntc @ City Hall Employee Luncheon on 10/01/03 Repair & maint printers for IS Reimb:C.P.O.A.Conf:9/16-19/03 Museum exhibit supplies Express mail service Express mail services xx- 1405:D.Ubnoske:Conf/mtg Amhitectual Design:Old Town Refund:Tennis Beg Jr. Hardware supplies: Parks Hardware supplies: CRC Hardware supplies: PW Maint Div. Hardware supplies: TCC Hardware supplies: City Hall Hardware supplies: Museum Hardware supplies: West Wing Hardware supplies: Fire Stn Hardware supplies: St, Center Small tool/equipment: B&S Hardware supplies: PW Maint Div. Amount Paid Check Total 709.47 443.57 253.74 174.89 141.14 85.67 80.30 71.19 21.52 1,981.49 107.00 107.00 1 ,g86.00 1,986.00 1,907.93 1,907.93 488.00 488.00 83.93 83.93 30.39 30.39 109.39 89.40 198.79 1,082.63 1,082.63 8,917.32 8,917.32 40.83 40.83 1,078.37 223.68 161.51 140.49 67.99 66.89 58.20 54.03 45.53 9.23 8.78 1,914.70 Page3 apChkLst Final Check List Page: 4 10/10/2003 6:54:42AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 87009 10/10/2003 004991 HANNA, BILL & LAUREN 87010 10/10/2003 000116 HEALTHNETDENTALANDVI 87011 10/10/2003 002107 HIGHMARKINC 87012 10/10/2003 005748 HODSON, CHERYLA. 87013 10/10/2003 87014 10/10/2003 87015 10/10/2003 87016 10/10/2003 87017 10/10/2003 87018 10/10/2003 87019 10/10/2003 87020 10/10/2003 000210 LEAGUE OFCALIF CITIES SAC 87021 10/10/2003 006898 LIFECHRUCH 87022 10/10/2003 004141 MAINTEX ]NC (Continued) Description Refund:Picnic Shelter: 10/11/03 Health Net Dental/Vision Plan Prat Voluntary Supp Life insurance Support Payment 87023 10/10/2003 87024 10/10/2003 87025 10/10/2003 87026 10/10/2003 000194 ICMARETIREMENTTRUST45 ICMA Retirement Payment 005579 INLAND EMPIRE PROPERTY 001407 INTER VALLEY POOL SUPPLY I 004908 JIFFY LUBE #1878 006846 JUE, LETIClA 004481 KtMLEY HORN & ASSOCIATES I 000206 KINKOS INC 000217 MARGARITA OFFICIALS ASSN 006789 MARKS TV 006900 MCDANIEL, JULIE 006571 MELODY'S AD WORKS Aug/Sept weed abatement svcs Pool sanitizing chemicals Pool sanitizing chemicals B&S city vehicle maint, svcs Refund:Creative Bag's Mom&Me Design Svcs: Multi-Purpose Trail office supplies:Copy Center Legislative Brief:l 1/19:G. Yates Legislative Brief:l 1/19:A. Adams Refund:security deposit:9/27/03 CRC Custodial Supplies Parks Custodial Supplies Museum Custodial Supplies Sept Softball Officiating Svcs Repair 3 televisions @ CRC add'l repairs for televisions @ CRC release claims agreement prat Mrkt Campaign:Erie Stanley Gardner Reimb expenses for Halloween Amount Paid Check Total 25.00 25.00 997.12 997.12 624.90 624.90 34.05 34.05 9,138.38 9,138.38 10,983.75 10,983.75 178.00 158.93 336.93 31.33 31.33 65.00 65.00 10,928.84 10,928.84 35.56 35.56 130.00 130.00 260.00 100.00 100.00 277.74 227.38 145.37 650.49 3,200.00 3,200.00 350.00 95.00 445.00 741.51 741.51 2,000.00 74.98 2,074.98 Page~ apChkLst 18110/2003 8:54:42AM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 87027 10/10/2003 003076 MET LIFE INSURANCE 87028 10/10/2003 87029 10/10/2003 87030 10/10/2003 87031 10/10/2003 87032 10/10/2003 87033 10/10/2003 87034 10/10/2003 87035 10/10/2003 87036 10/10/2003 001905 MEYERS, DAVID WILLIAM 003427 MEYLER, JAMES A 001384 MINUTEMAN PRESS Final Check List CITY OF TEMECULA (Continued) Description Metlife Payment TCSD Instructor Earnings TCSD Instructor Earnings Reimb:League Conf:7/23-24/03 Business Cards:P.D.Storefront Stamp w/Japanese translation:Sister 004534 MOBILE SATELLITE VENTURES Octemerg. mobile satellite phone svc 006843 MOORE, DINA 004933 NATIONAL FIRE SPRINKLER A 006901 NUGENT, RANDY 003382 O'GRADY, JAMES B. 002105 OLD TOWN TIRE & SERVICE Refund:Level 4/5 Swim Lessons Plan Review/Inspection sero:lO/14-16 Reimb:EMS Expo:9/22-25/03 Reimb:lCMA Conf:9/20-24/03 City vehicle maintJrepair svcs 87037 10/10/2003 001171 ORIENTAL TRADING COMPANY TCC holiday craft supplies 87038 10/10/2003 87039 10/10/2003 87040 10/10/2003 87041 10/10/2003 87042 10/10/2003 87043 10/10/2003 87044 10/10/2003 000472 PARADISE CHEVROLET CADI repair/maint, svcs for City vehicle 006899 PATIO CREATIONS, INC. Refund:Bldg permit 001958 PERS LONG TERM CARE PROG PERS Long Term Care Payment 000249 PETTY CASH 005820 PRE-PAID LEGAL SERVICES I 000254 PRESS ENTERPRISE COMPAN Petty cash reimbursement PrePaid Legal Services Payment Sept 9/11 Rememberance ads:TCSD 003493 PRO-CRAFT OVERHEAD DOOR Res Imp Prgm: Medina, Juan &Ana Amount Paid 7,352.44 256.00 224.00 108.24 42.83 40.94 70.87 25.00 248.00 150.65 485.94 1,378.03 434.68 415.68 82.00 227.08 422.48 127.60 564.00 860.00 Page: 5 Check Total 480.00 108.24 83,77 70.87 25.00 248.00 150.65 485.94 1,378.03 434.68 415.68 82.00 227.08 422.48 127.60 564.00 860.00 Page5 apChkLst 10/10/2003 8:54:42AM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 87045 10/10/2003 000262 RANCHO CALIFWATER DIST 87046 10/10/2003 87047 10/10/2003 87048 10/10/2003 87049 10/10/2003 87050 10/10/2003 87051 10/10/2003 87052 10/10/2003 87053 10/10/2003 87054 10/10/2003 002907 REINHART FONTES 005807 RESOURCE STRATEGIES INC 000353 RIVERSIDE CO AUDITOR 000268 RIVERSIDE CO HABITAT 000873 ROBERTS, RONALD H. 005929 SAN BERNARDINO CO FIRE 005227 SAN DIEGO COUNTY OF 006815 SAN DIEGO, COUNTYOF Final Check List CITY OF TEMECULA (Continued) Description Various water meters Various water meters Various water meters Various water meters Consulting Svcs for Ph. 1 - Old Town Imagery/DEM Mosaic/Compression:G Aug 03 parking cite assessments September 2003 K-Rat Payment Reimb:Rail Volution Conf:9/10-14/03 State Statute/Reg.:l 1/4-6:P.Albanese Support Payments Support Payment 005278 SCIENCE ENRICHMENT SRVCS Entertainment:FamilyFunNight:9/19 87055 10/10/2003 004609 SHREDFORCE INC 000751 SKILLPATH INC 003804 SKYHAWKS SPORTS ACADEM 000645 SMART & FINAL INC 002536 SMITH, ZENAIDA B. 87056 10/10/2003 87057 10/10/2003 87058 10/10/2003 87059 10/10/2003 Document Shredding Svcs:Records Document Shredding Svcs:Police Effective ee behavior:Hazen:12/02/03 TCSD Instructor Earnings TCSD Instructor Earnings ee recognition event supplies Advance:CMRTA Conf:10/14-17/03 Page: 6 Amount Paid Check Total 24,448.96 4,073.96 398.53 72.89 28,994.34 3,500.00 3,500.00 800.00 800.00 2,374.00 2,374.00 2,200.00 2,200.00 19.10 19.10 125.00 125.00 132.00 132.00 12.50 12.50 400.00 400.00 110.00 24.00 134.00 149.00 149.00 7,476.00 1,320.00 6,796.00 68.19 68.19 100.00 100.00 Pages apChkLst Final Check List Page: 7 10/10/2003 8:54:42AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 87060 10/10/2003 000537 SO CALIF EDISON 87061 10/10/2003 000519 SOUTH COUNTY PEST 87062 10/10/2003 004420 STATE COMP INSURANCE FUN (Continued) Description Amount Paid Oct 2-00-987-0775 V.R.Street Lights Sept 2-05-791-8807 various mtrs Sept 2-10-331-2153 TCC Sept 2-19-683-3255 Front St Ped Sept 2-20-798-3248 C.Maseum Sept 2-19-538-2262 Front St Oct 2-23-051-9399 Margarita Ped Oct 2-24-077-3069 Pala Rd Oct 2-23-693-2810 Pala Rd pest control svcs:various parks pest control svcs:Fire Stn 84 pest control svcs:City Hall pest control svcs:Museum pest control svcs:West Wing pest control svcs:TCC pest control svcs:Wedding Chpl Sept '03 workers' comp premium 3,292.13 2,266.94 914.15 431.61 91.08 30.51 13.40 13.33 9.26 312.00 80.00 56.00 42.00 40.00 36.00 32.00 32,869.29 87063 10/10/2003 87064 10/10/2003 87065 10/10/2003 000305 TARGET STORE 001547 TEAMSTERS LOCAL911 003673 TECH 101 ARCUS INC Family Fun Night Supplies TOC Recreation Supplies Union Dues Payment PC Workstation for Police 45.62 42.99 3,576.00 1,208.31 649.02 3,910.10 16.97 87066 10/10/2003 005985 TECHNOLOGY INTEGRATION G Computer and Printer Supplies 87067 10/10/2003 006465 TEMECULA AUTO REPAIR Medic Squad repair & maint, svcs 87068 10/10/2003 005412 TEMECULA GARDEN & POWER Small Equip Repairs for PW Maint. 87069 10/10/2003 87070 10/10/2003 000307 TEMECULA TROPHY COMPAN 000306 TEMECULA VALLEY PIPE & SU Rubber Stamps for B&S Dept. TCSD Sports League awards parks irrigation supplies 159.90 123.91 584.07 87071 10/10/2003 003140 TEMECULAVALLEYTAEK~NON 87072 10/10/2003 003862 THYSSENKRUPP ELEVATOR. TCSD Instructor Earnings TCSD Instructor Eamings TCSD Instructor Earnings Jul-Sept elevator inspection 140.00 60.00 20.00 900.00 Check Total 7,062.41 598.00 32,869.29 88.61 3,576.00 1,208.31 649.02 3,910.10 16.97 283.81 584.07 220.00 900.00 Page~ apChkLst Final Check List Page: 8 10110/2003 8:54:42AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 87073 10/10/2003 003031 TRAFFIC CONTROL SERVICE I 87074 10/10/2003 000325 UNITEDWAY 87075 10/10/2003 87076 10/10/2003 87077 10/10/2003 004819 UNUM LIFE INS. CO. OFAMERI 004504 VAIL RANCH SELF STORAGE 004261 VERIZON CALIFORNIA 87078 10/10/2003 004279 VERIZON CALIFORNIA INC. 87079 10/10/2003 87080 10/10/2003 87081 10/10/2003 87082 10/10/2003 003487 VETERANS OF FOREIGNWAR 000621 WESTERN RIVERSIDE COUNC 000621 WESTERN RIVERSIDE COUNC 002109 WHITE CAP INDUSTRIES INC Amount Paid Check Total Stencils/Paint/Hardware:PW Maint. 1,240.74 Traffic Control Cones:PVV Maint. 995.61 United Way Charities Payment 318.30 Longterm Disability Payment 6,317.40 Oct off-site storage for Records Mgmt 67.00 Sept xxx-5029 general usage 684.21 Sept x~c<-1408 P.D. Old Town Stn 328.89 Sept xxx-2626 P.D. Storefront Stn 217.72 Sept xxx-0049 general usage 32.59 Sept xxx-2629 Naggar 31.66 Sept xxx-1289 Pratt 29.95 Sept access-CRC phone line 350.40 Sept access-rvsd co phone line 273.75 Community Service Funding Award 5,000.00 Sept '03 TUMF Fees Payment 13,300.00 03/04 Cleanest CoJWest Litter 5,000.00 Supplies for PW Maint. Div. 234.28 Sub total for UNION BANK OF CALIFORNIA: 2,236.35 318.30 6,317.40 67.00 1,325.02 624.15 5,000.00 13,300.00 5,000.00 234.28 763,651.12 Page~ ITEM 4 APPROVAL CiTY DIRECTOR OF FIN~CE_~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council / Genie Roberts, Director of Financ October 22, 2003 City Treasurer's Report as of August 31,2003 PREPARED BY: RECOMMENDATION: August 31,2003. Karen Jester, Assistant Director of Fina~ Pascale Brown, Senior Accountant ~ That the City Council receive and file the City Treasurer's Report as Of DISCUSSION: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of August 31,2003. FISCAL IMPACT: None Attachments: City Treasurer's Report as of August 31,2003 Cash Activit~ for the Month of Au~lust: Cash and Investments as of August 1, 2003 Cash Receipts Cash Dishursements Cash ar~ rnvestments as o[ August 31, 2003 Cash and Investments Portfolio: Type o[ Inveslment Petty Cash General Checking Flex Benefit Demand Deposits Local Agency investment Fund Federal Agency- Callable Federal Agency- Callable Federal Agency- Callable FederaJ Agency- Callable Federal Agency- Callable Federal Agency- Callable Federal Agency- Callable Checking Account - Parking Citations Cedi[icate of Deposit - Retention Escrow Delinquency Maintenance Account - CFD 80-12 (Money Market Account) Delinque ncy Maintenance Accouof CFD 88-12 (Investment Agreement) Delinquency Maintenance Account - CFD 88-12 (Money Market Account) Reserve Fund - CFD 88-12 (Investmenl Agreement Reserve Account - CPD 88-12 (Money Market Accounl Special Tax Fund - CFD 01-2 (Money Market Accoun~ Admin Expense Fund - CFD 01-2 (Money Markel Account Variable Sond Fund CFD 01-2 (Money Market Account Capital Interest Fund CFD 01-2 (Money Market Account Interest Dg[eren~ial Fund - CFD 01-2 (Money Market Accoun~ Capital Improvement Fund - CFD 01-02 (Money Market Account Capital Interest Fund - CFD 03-1 (Money Marke~ Account Reserve Fund - CFD 03-1 (Inveslment Agreement) Reserve Fund - CFD 03-1 (Money Market Account) Cily improvement Fund - CFD 03-1 (Money Marke~ Account) Cai Trans Improvement Fund - CFD 03-1 (Money Market Account) AcquJsilion Account Fund - CFD 03-1 (Money Market Accoun0 Cost of Issuance Fund - CFD 03-1 (Money Market Account) City of Temecula City Treasurer's Report As of August 31, 2003 Yield Date Ma~urky/ Termination Sate Market Value City Hall Union Bank Union Bank S~ate Tmasurer-LAIF Federal Home Loan Bank Federal Home Loan Modgage Co Federal Home Loan Sank Federal Home Loan Sank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Mortgage Co Union Bank Community National Bank US Bank (Fimt Am Treasury) CDC Funding Corp U S Bank (Fi~t Am Treasury) CDC Funding Corp U S Bank (Fimt Am Treasury) U S Bank (First Am Treasury) US Bank (Flint Am Treasury) U S Sank (Flint Am. Treasury) U.S Bank (Fi~t Am Treasury) U S Bank (First Am Treasury) U S Bank (First Am. Treasu~) U.S. Sank (First Am. Treasury) Discount Note US Bank Fimt Am Treasury) US Sank First Am. Treasury) U.S Bank FimtAm Treasury) U S Bank Firs~ Am Treasury) U.S Bank Fimt Am Treasury) U.S. Sank Fi~t Am. Treasury} US Bank FirstAm Treasury) US Bank First Am Treasury) State Treasurer-LAIF U.S. Bank (First Am Treasury) US. Bank (First Am Treasury) State Treasurer-LAIF 94,246,952 9,971,903 (3,670,596) 100,548,158 Par/Book Balance n/a n/a 1 632 % 2.250 % 2000 % 1 885 % 2 250 % 2500 % 3.530 % 2000 % n/a n/a 0.450 % 5430 % 0 450 % 5 430 % 0 450 % 0450 % 0450 % 0 450 % 0450 % 0450 % 0.450 % 0450 % 1 O6O % 0.450 % 0450 % 0450 % 0450 % 0450 % 0.470 % 0470 % 0450 % 1 632 % 0450 % 0450 % t 632 % 0~22/2003 06/06/2003 05/28/2003 06/26/2003 07/16/2003 08/0~2003 08/04/2003 06/19/2006 06/30/2006 01/23/2006 07/24/2006 08/14/2006 02/28/2007 08/28/2006 09/01/2017 09/01/2007 988,750 979,950 9,884,440 985,560 1,983,760 2,007,392 2,004,016 1,600 339,310 (1) 8,322 (1) 62,983,386 (2) 1,000,000 1,000,000 1,000,000 1,000,000 2,000,000 2,000,000 2,000,000 4,020 68,565 500,000 497,424 1,531,469 41,816 447,910 473,084 2,742 66,504 130,796 4,612,223 44,541 859,352 4,548 1,502,300 1,000,000 2,258,273 184,334 604 9,067,425 2 9,477 2,753,750 lOO,548,t~ (1)-This amount is net of outstanding checks (2)-At August 31, 2003 total market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $51,617,387,974. The Ci~/'s proporiianat e shara of that value is $63,162,654. All investments are liquid and currently available. The City of Temecula's pedfolio is in compliance with the investmen~ policy. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months ITEM 5 APPROVAL ClTY ATTORNEY DIR.OFFINANCE CITY MANAGER CITY OFTEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City ManagedCity Council Genie Robeds, Director of Finance October 22, 2003 Authorization to Execute the Supplemental Agreement for the Fiscal Year 2003- 04 Community Development Block Grant Funds PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council: 1.Authorize the Mayor to execute the Supplemental Agreement for fiscal year 2003-04 Community Development Block Grant Funds. DISCUSSION: On January 14, 2003, the City Council recommended funding for Fiscal Year 2003-04 Community Development Block Grant (CDBG) projects. This recommendation was forwarded to the Riverside County Economic Development Agency for review and processing with the U.S. Department of Housing and Urban Development (HUD). HUD provides CDBG funding for local projects, which meet at least one of the following nationally established goals: 1. The activity benefits 51 percent Iow/moderate income persons; or, 2. The activity aids in the prevention or elimination of slums or blight; or, 3. The activity meets an emergent community development need. The Economic Development Agency (EDA) has processed the City's recommendation and has submitted the attached supplemental agreement for signature. The projects and levels of funding approved by the (EDA) are as follows: Rape Crisis Center Court Appointed Special Advocates (CASA) Alternatives Domestic Violence .. Operation School Bell Boys And Girls Club Senior Citizen Emergency Foo~ Pantry YMCA Summer Camp Old Town Gymnasium Total CDBG Funding $ 4,000 $ 1,544 $ 10,000 $ 14,000 $ 11,000 $ 10,000 $ 7,500 $420,382 Execution of the fiscal year 2003-04 Supplemental Agreement and Sub-Recipient Agreement facilitates CDBG funding for these projects. The actual CDBG award of $478,426 is $91,462 more than the projected amount approved by the City Council on January 14, 2003. The County Economic Development Agency (EDA) has increased the funding for the Old Town Gymnasium by $91,462. All other projects were funded at the City Council approved funding level. Fiscal Impact: CDBG funds will be budgeted in a special revenue fund for the approved programs and projects. Attachment: Supplemental Agreement for the use of 2003-04 year CDBG funds 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 File: 0.591, 0.595, 0.598, 0.601, 0.602, 0.604, 1.TM111, 1.TM112 SUPPLEMENTAL AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY," and the CITY OF TEMCULA, herein called "CITY," mutually agree as follows: 1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement dated July 2, 2002, whereby CITY elected to participate with COUNTY, which has qualified as an "Urban County" for purposes of receiving Community Development Block Grant (CDBG) funds, and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, as amended, hereinafter referred to as "Act". Said Cooperation Agreement dated July 2, 2002, is incorporated herein by reference and made a part of this Agreement as if each and every provision was set forth herein. 2. PURPOSE. CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $478,426 CDBG Entitlement Funds, as specifically identified in Exhibits A, B, C, D, E, F, G and H are attached hereto and consist of 3 pages (each), and by this reference are incorporated herein, for the projects: 0.591 Riverside Area Rape Crisis Center, $4,000. 0.595 CASA (Court Appointed Special Advocates) for Riverside County, Inc., $,1,544 0.598 ADV Direct Services, $10,000. 0.601 Southwest County Operation School Bell, $14,000. 0.602 The Learning Connection, $11,000. 0.604 Emergency Food Purchase and Storage, $10,000. 1.TM111 Gymnasium - Old Town Temecula, $420,382. 1.TM112 Swim Lessons and Day Camp, $7,500. CITY shall obtain COUNTY's approval, through its Economic Development Agency, of the project plans and specifications prior to CITY's construction of same when a project consists of a construction activity. Page 1 of 8 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. TERM OF AGREEMENT. The term of this Agreement for the projects shall be for a period of one (1) year from July 1, 2003 to June 30, 2004, and proceed consistent with the completion schedule set forth in Exhibits A, B, C, D, E, F, G and H. In the event that the projects are not substantially completed by the time set forth in the completion schedule due to unforeseen or uncontrollable causes, the schedule for the completion of the project may be extended by the period of the enforced delay. Times of performance may also be extended in writing by the mutual agreement of CITY and COUNTY. If substantial progress toward completion in conformance with the completion schedule, as determined by COUNTY of the projects are not made during the term of the Supplemental Agreement, COUNTY may suspend or terminate this agreement by the procedures set forth in the Section titled "Termination", of this agreement and the entitlement funds associated with the projects may be reprogrammed by COUNTY after appropriate notice is given. 4. DISPOSITION OF FUNDS. COUNTY's Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with the provisions of Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic Development Agency, shall: (1) Make payment of the grant funds to CITY as designated in Exhibits A, B, C, D, E, F, G and H; (2) It is the CITY's responsibility to monitor the projects activity of Exhibits A, B, C, D, E, F, G and H to ensure compliance with applicable federal regulations and the terms of this Agreement. CITY shall comply with timely drawdown of funds by submitting monthly requests for reimbursement. All disbursements of grant funds will be on a reimbursement basis and made within thirty (30) days after the CITY has submitted its letter identifying payments and documentation which supports expenditures. All authorized obligations incurred in the performance of the Agreement must be reported by June 4, 2004 for projects eligible under 570.201(e), Public Services; 3) The COUNTY will directly manage and monitor projects identified in Exhibits A, B, C, D, E, F, G and H. These projects have been determined to be Countywide, receiving grant funding from multiple soumes; therefore, these projects will be managed and monitored by the COUNTY. 5. COOPERATION WITH HOUSING ACTWITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying out its Strategic Plan of Page 2 of 8 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Consolidated Plan and other requirements of the Community Development Block Grant Program. 6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAI, QUALITY ACT (CEQA). Pursuant to Section 15051(d) of Title 14 of the California Administrative Code, CITY is designated as the lead agency for the projects that are the subject matter of this Agreement. 7. HOLD HARMLESS AND INDEMNIFICATION. CITY shall comply with all applicable laws, rules and regulations, and shall indemnify, save and hold harmless COUNTY and its agency members and their respective agents, servants and employees of and from any and all liabilities, claims, debt, damages, demands, suits, actions and causes of action of whatsoever kind, nature or sort including, but not by way of limitation, wrongful death, expenses of the defense of said parties, and the payment of attorney's fees, arising out of or in any manner connected with the performance by CITY under this Agreement. 8. RECORDS AND INSPECTIONS. a. CITY shall establish and maintain records in accordance with 24 CFR Part 570 and Part 85 and OMB Circular A-87 as applicable and as they relate to the acceptance and use of federal funds under this Agreement. b. CITY shall maintain a separate account for CDBG Entitlement funds received as set forth in Exhibits (A, B, C, D, E, F, G and H). c. CITY shall, during the normal business hours, make available to COUNTY and to the Department of Housing and Urban Development for examination and copying all of its records and other materials with respect to matters covered by this Agreement. d. CITY shall not retain any program income as defined in Section 570.500 of Title 24 of the Federal Code of Regulations. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities. e. The CITY shall ensure projects that are serving limited clientele (570.208(a)(2)(i), that at least fifty-one percent (51%) of the persons benefiting from the CDBG funded activities are of low and moderate income and meet the program income guidelines attached as Exhibits (A, B, C, D, E, F, G and H). The CITY must provide the direct benefit documentation required. Page 3 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. FEDERAL REQUIREMENTS. CITY shall comply with the provisions of the Act and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in Part 85 and Part 570 of Title 24 of the Code of Federal Regulations. CITY is to comply with OMB Cimular A-87, or any subsequent replacement. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above-mentioned Cooperation Agreement. 10. INDEPENDENT CONTRACTOR. CITY and its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be agents, officers or employees of the COUNTY. 11. TERMINATION. a. CITY. CITY may not terminate this Agreement except upon express written consent of COUNTY. b. COUNTY. Notwithstanding the provisions of Paragraph lla, COUNTY may suspend or terminate this Agreement upon written notice to CITY of action being taken and the reason for such action: (1) In the event CITY fails to perform the covenants herein contained at such times and in such maimer as provided in this Agreement; and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable; or (3) In the event the funding from the Department of Housing and Urban Development referred to in Paragraphs 1 and 2 above is terminated or otherwise becomes unavailable. c. Upon suspension of this Agreement, CITY agrees to return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach of this Agreement. d. Upon suspension of this Agreement, CITY agrees not to incur any additional cost with regard to the projects that are cited in the written notice as necessitating the suspensions. 12. NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of Title 24 of the Federal Code of Regulations which requires that no person in the United States shall on the Page 4 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds. 13. PROHIBITION AGAINST CONFLICTS OF INTEREST a. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "CI" and by this reference incorporated herein. b. CITY and its assigns, employees, agents, consultants, officers, and elected and appointed officials shall become familiar with and shall comply with Section A-11 of the County's CDBG Policy manual, attached hereto as Exhibit "CI" and by this reference incorporated herein. c. CITY understands and agrees that no waiver of exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611 (e). d. Prior to any funding under this Agreement, CITY shall provide COUNTY with a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even the appearance of conflict, that may arise with respect to the CDBG activities funded under this Agreement. e. Any violation of this section shall be deemed a material breach of this Agreement, and the Agreement shall be immediately terminated by the COUNTY. 14. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the Department of Housing and Urban Development or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to receive CDBG funds. Page 5 of 8 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. USE OF PROPERTY. Whenever federal CDBG funds or program income are used, in whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use for a period of five (5) years fi.om the date that the City is no longer a part of the urban COUNTY program. The CITY shall maintain an inventory for COUNTY review. 16. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify and to require any lessee or assignee to notify Riverside County Workforce Development Center/JTPA and GAIN - Department of Public Social Services of any and all job openings that are caused by this project. 17. PUBLICITY. Any publicity generated by CITY for the project funded pursuant to this Agreement, during the term of this Agreement, will make reference to the Contribution of the County of Riverside Community Development Block Grant Program in making the project possible. 18. PROGRAM MONITORING AND EVALUATION. CITY shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement and the effective and efficient achievement of the Program Objectives. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to the following data elements: a. Title of program, listing of components, description of activities/operations. b. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals; additionally, identify any problems encountered in meeting goals. c. If CDBG funded Activity meets National Objective under 24 CFR 570.208 (a)(2)(i), SPONSOR shall report the following: 1) Total number of direct beneficiaries (clientele served) who are: · Moderate income · Low income · Very-low income 2) Pement of the Low/Moderate income beneficiaries Page 6 of 8 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3) Racial ethnicity of clientele 4) Number of Female Headed Households SPONSOR shall report beneficiary statistics monthly to EDA on the pre-approved Direct Benefit Form, and Self-Certification Form (certifying income, family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to said SPONSOR by EDA should HUD implement changes during the term of this agreement. 19. ENTIRE AGREEMENT. It is expressly agreed that this Agreement together with the cooperation Agreement between the parties, embodies the entire agreement of the parties in relation to the subject matter thereof, and that no other Agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the parties at the time of execution. 20. MINISTERIAL ACTS. The Executive Director of the COUNTY's Economic Development Agency or his or her designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Agreement as it may be amended from time to time by COUNTY. // // // // // // // // // // // // // // Page 7 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. MODIFICATION OF AGREEMENT. This Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively. DATED: ATTEST: Nancy Romero Clerk of the Board COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors By: Deputy (Seal) DATED: ATTEST: CITY OF TEMECULA By: Mawr SH:AA:aj Page 8 of 8 EXHIBIT A Page 1 FILE: 0.591 SUPPLEMENTAL AGREEMENT Sponsor: Riverside Area Rape Crisis Center Address: 1485 Spruce Street, Suite C~ Riverside~ CA 92507 Project Title: Riverside Area Rape Crisis Center Location: 1485 Spruce Street, Suite C, Riverside, CA 92507 Description: This program reaches the special population of abused children, elderly, handicapped, homeless, and victims of domestic violence. Direct services are provided 24-7 to rape survivors and their families. These services include the following: hospital admission/treatment, court and law enforcement accompaniment, and advocacy. A special 24-hour hot line, support groups, in-person counseling, information and referrals are also provided. All services are free and available in Spanish. CDBG funds will be used to train 20-new volunteers, salaries (direct service), rental, equipment, travel, utilities, supplies, and outreach materials. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) 'Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency $4,000 EXHIBIT B Page 1 FILE: 0.595 SUPPLEMENTAL AGREEMENT Sponsor: Court Appointed Special Advocates (CASA) Address: P.O. Box 3008, Indio, CA 92202 Project Title:CASA (Court ADpointed Special Advocates) for Riverside County, Inc. Location: 44-199 Monroe Street, Suite D, Indio, CA 92202-3008 Description: A child who has been determined by the Riverside County's Juvenile Courts to be abused, neglected or abandoned will be assigned a CASA trained community volunteer and closely supervised by the professional staff. CASA serves children in-and-out of home placement (foster care/group homes) with the volunteers helping children to receive court services on a one-to-one basis, assist with file reviews, and Educational Surrogate programs. CDBG will be used to maintain current volunteers and to recruit/train an additional 20 new volunteers which will increase the level of service throughout the county. Funds will pay for salaries (direct service), utilities, travel, and supplies. Services: 400 new children. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency $1 544 EXHIBIT C Page 1 FILE: 0.598 SUPPLEMENTAL AGREEMENT Sponsor: Alternatives to Domestic Violence (ADV) Address: P.O. Box 910, Riverside, CA 92502 Project Title: ADV Direct Services Location: Shelter address remains undisclosed for client protection Description: The current facility (Horizon House) is a 15-bed emergency shelter offering a safe haven for women and children who are victims of domestic violence. Their new 60-bed facility (Casa de Paz) will be completed late July 2003 and the old "Horizon House" will be closed. Aside from the operation and client care at the shelter, ADV is committed to breaking the cycle of violence by offering community education/prevention (outreach), early intervention, 24-hour crisis intervention, and follow-up services to victims and family members. Also, legal resources are offered to those who need legal intervention. CDBG funds will be used for salaries (direct services), rent, utilities, insurance, travel, equipment and supplies. Current facility serves: 50- battered women/75-children (3,600 bed nights). This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency $10,000.00 EXHIBIT D Page 1 FILE: 0.601 SUPPLEMENTAL AGREEMENT Sponsor: ASSISTANCE LEAGUE of Temecula Valley Address: 28720 Via Montezuma, Temecula, CA 92590 Project Title: Southwest CountV Operation School Bell Location: 28720 Via Montezuma, Temecula, CA 92590 Description: The Assistance League of the Temecula Valley, through their Operation School Bell program, will provide children of L/M income families with clothing, school supplies, hygiene items and reading books. CDBG funds will be used to purchase the necessary items to outfit each child. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency $14,000.00 EXHIBIT E Page 1 SUPPLEMENTAL AGREEMENT FILE: 0.602 Sponsor: Boys & Girls Club of Southwest County Address: P.O. Box 892349, Temecula, CA Project Title: The Learninq Connection 92589 Location: 28790 Pujol St. Temecula, CA 92590 & 40550 Califronia Oaks Rd., Murrietta, CA 92562 Description: The Boys & Girls Club will use CDBG funds to provide before and after school programs. Specifically, CDBG funds will be used to provide scholarships to 30 low income children a month. The facility is open from 6:30 AM to 6:00 PM, Monday through Friday and coincides with track schedules for on-site transportation. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency $11,000.00 EXHIBIT F Page 1 Sponsor: SUPPLEMENTAL AGREEMENT Temecula Senior Center FILE: 0.604 Address: 27537 Jefferson St., Temecula, CA 92590 Project Title: Emerqenc¥ Food Purchase and Storaqe Location: 27537 Jefferson St., Temecula, CA 92590 Description: The Senior Citizen Service Center of Temecula Valley provides an emergency food program for individuals that are homeless, elderly, or a migrant farm worker. CDBG funds will be used for rent, supplies, equipment, and travel costs. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency $10,000.00 EXHIBIT G Page 1 Sponsor: Address: FILE: 1.TMll2 SUPPLEMENTAL AGREEMENT City of Temecula - Community Services Department P.O. Box 9033, Temecula, CA 92589 School and Vintage Project Title: Swim Lessons and Day Camp Location: 26111 Ynez, Suite B26 & Marqarita Middle Hills Pool, Temecula Description: Project consists of day camp activities for 150 children of the City of Temecula. Hours of operation will be from 6 AM to 6 PM during the week. CDBG funds will be used for scholarships for children from low/mod income families. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Casts 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency $7,500.00 EXHIBIT G Page 2 Timetable Implementation Schedule FILE: 1.TMll2 Milestone Program Services Start Date July 1, 2003 Completion Date Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) Semi-Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete October 31, 2003 January 31, 2004 April 30, 2004 July 31, 2004 December 3, 2003 June 1, 2004 June 30, 2004 EXHIBIT G FILE: 1.TMll2 Page 3 FROM year) DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY TO 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GP~ANT NUMBER B-02-UC-06-050~ 3. PERIOD OF APPLICABILITY 4. X Original (each Revision, Date July 1, 2003 June 30, 2004 Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATU~ Swim Lessons and Day Camp 1.TMll2 Categorically Excluded 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of Temecula - Community Services Department (909) 677-9622 10. DESCRIPTION OF PROJECT: Project consists of day camp activities for 150 children of the City of Temecula. Hours of operation will be from 6 AM to 6 PM during the week. CDBG funds will be used for scholarships for children from low/mod income families. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a) (2) (i) (B) 11. CENSUS TRACT (S) /ENUMERATION DISTRICT (S) 12. ANTICIPATED ACCOMPLISHMENTS: Children L/M income families will be able to access scholarships for the cities day camp. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit $) (a) (b) (c) (d) (e) $ $ $ Public Services $7,500.00 14. Totals $7,500.005 $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $7,500.00 EXHIBIT H Page 1 Sponsor: Address: FILE: 1.TMlll SUPPLEMENTAL AGREEMENT City of Temecula - Community Services Department P.O. Box 9033, Temecula, CA 92589 Project Title: Gymnasium - Old Town Temecula Location: On First Street Between Front and Pujol Streets Description: The project consists of design and construction of a 6,800 sq. ft. recreation facility in the old town of Temecula. The facility will address the recreational needs of the low/mod income area of the City. CDBG funds will be used for design and construction. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency $420,382.00 EXHIBIT H Page 2 Timetable Implementation Schedule FILE: 1.TMlll Milestone Prepare Plans & Specifications Bid Documents & Review Bid Advertisement, Bid Review & Award Construction Notice of Completion Start Date July 1, 2003 December 2003 March 2004 Completion Date November 1, 2003 February 2004 May 2004 June 2004 EXHIBIT H FILE: 1.TMlll Page 3 U.So FROM year) DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY TO 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANTNUMBER B-02-UC-06-050~ 3. PERIOD OF APPLICABILITY 4. X Original (each Revision, Date July 1, 2003 June 30, 2004 Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUE Gymnasium - Old Town Temecula 1.TMlll Under Review 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of Temecula - Community Services Department (909) 694-6480 10. DESCRIPTION OF PROJECT: The project consists of design and construction of a 6,800 sq. ft. recreation facility in the old town of Temecula. The facility will address the recreational needs of the low/mod income area of the City. CDBG funds will be used for design and construction. ELIGIBILITY: 570.201 (c) BENEFIT: 570.208 (a) (1) (i) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 432.05 12. ANTICIPATED ACCOMPLISHMENTS: Construction of facility will address the recreational needs of L/M income children in the city of Temecula. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit $) (a) (b) (c) (d) (e) $ $ Public Facilities $420,382.00 14. Totals $420,382.005 $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $420,382.00 Prohibition Against Conflicts of Interest EXHIBIT CI , page 1 of 4 570.611 Conflict of interest. (a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by recipients, and by subrecipients (including those specified at § 570.204(c)), the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A 110, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-il0, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient, by its subrecipients, or to individuals, businesses and other private entities under eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to § 570.202, or grants, loans and other assistance to businesses, individuals and other private entities pursuant to § 570-203, ~ 570.204 or § 570.455). (b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, the general rule is that no persons described in paragraph (c) of t his section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who are in a position to participate in a decision making process or gain inside information with regard to such activi ties, may obtain a personal or financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have f amily or business ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such interest or benefit during, or at any time after, such person's tenure. (c) Persons covered . The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or subrecipients which are receiving funds under this part. (d) Exceptions: threshold requirements . Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a c ase-by-case basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. An exception may be considered only after the recipient has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and Prohibition Against Conflicts of Interest EXHIBIT CI, page 2 of 4 (2) An opinion of the recipient,s attorney that the interest for which the exception is sought would not Violate State or local law. (e) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the cumulative effect of the following factors, where applicable: (1) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether an opportunity was provided for open competitive bidding or negotiation; (3) Whether the person affected is a member of a group or class of low or mo derate income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (4) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (5) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (6) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (7) Any other relevant considerations. Prohibition Against Conflicts of Interest Exhibit CI, page 3 of 4 Community Dvlpmt. Block Grant Policy Manual I.D. # A-ii (pg. 1 of 2) TOPIC: CONFLICT OF INTEREST CODED RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 This Conflict of Interest Code is written to comply with Federal Regulations (24 CFR Part 85). These Regulations. "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments,, require that grantees and sub-grantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 1) No employee, officer or agent of the grantee shall participate in the selection, in the award or in the administration of a contract supported by Federal Funds if a conflict of interest, real or apparent, would be involved. 2) Such a conflict will arise when: i) The employee, officer or agent; ii) Any member of the immediate family; iii) His/Her partners, or; iv) An organization which employs, or is about to employ any of the above has a financial or other interest in the firm's selection for award. 3) The grantee's or sub -grantee's officers, employees or agents will n solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to sub-agreements except as noted in Section 4. either 4) A grantee's or sub-grantee's officers, employees or agents will be presumed to have a financial inter est in a business if their financial interest exceeds the following: i) Any business entity in which the official has a direct or indirect investment worth one thousand dollars ($1,000) or more. ii) Any real property in which the official has a direct or indirect interest worth one thousand dollars ($1,000) or more. TOPIC: DATE: CONFLICT OF INTEREST CODE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY October 1989 Prohibition Against Conflicts of Interest Exhibit CI, page 4 of 4 Community Dvlpmt. Block Grant Policy Manual I.D. # A-ii (pg. 2 of 2) iii) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the official within 12 months prior to the time when the decision is made. iv) v) Any business entity in which the official is a director, officer, partner, trustee, employee, or holds any position of management. Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the official within 12 months prior to the time when the decision is made. 5) For purposes of Section 4, indirect investment or interest means any investment or interest owned by the spouse or dependent child of an official, by an agent on behalf of an official, or b y a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or more. ITEM 6 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance October 22, 2003 Community Service Funding Program PREPARED BY: Denise Caravelli, Administrative Secretary RECOMMENDATION: That the City Council: 1. Review and approve the 2003-04 Community service Funding Program grants per the attached table outlining the committee's recommendations of $128,000 to 43 organizations. 2. Appreve an appropriation of $16,000 frem the General Fund Undesignated Fund Balance. BACKGROUND: The City Council appointed Mayor Jeff Stone and Mayor Pro Tem Mike Naggar to the 2003-04 Community Service Funding Program Ad Hoc Committee to allocate grant funds to non-profit organizations that provide community services to the citizens of Temecula. Community Service Funding Program applications were mailed to approximately 85 non-profit organizations in the Temecula Valley area. Applications were sent to community-based organizations that were in the City's database from the last distribution period as well as those organizations that called or stopped by City Hall requesting an application. In addition to the mailing, advertisements were placed in the local newspapers. A total of 58 organizations submitted applications requesting $225,190 in grant funding. The committee, along with staff members, reviewed the requests for funding based on criteria previously adopted by the entire Council. After review and discussion, the committee recommends 43 of the 53 organizations receive grants as outlined on the attached schedule, totaling $128,000. The Ad Hoc Committee has recommended a revision to the Community Service Funding Program eligibility guidelines to include the stipulation that organizations cannot include scholarship grants to high school students as part of their funding request. The Ad Hoc committee recommends this revision since the City directly awards $5,000 in scholarships to each of the two City high schools. The eligibility guidelines have been revised for this stipulation and are attached (highlighted on page 2 of the application.) FISCAL IMPACT: An appropriation of $16,000 is necessary to the Community Service Funding line-item to fully fund these requests. The attached grant recommendations totaling $128,000 plus $15,000 to the Safe Alternatives for Everyone (SAFE) Program, $15,000 to the SAFE-T Partnership/Rancho Springs Medical Center Program, and $8,000 to the VFVV brings the total Community Service Funding grants allocated in this fiscal year to $166,000. Attachments: Community Service Funding Program Committee Recommendation Schedule Community Service Funding Program Eligibility Guidelines City of Temecula 43200 Business Park Drive. PO Box 9033'Temecufa. California 92589-9033 (909) 694-6444.FAX (909) 694-1999 Fiscal Year 2003-04 Community Service Funding Program Policy The City of Temecula, in its Fiscal Year 2003-04 budget, has allocated funds for community service programs within the City of Temecula. Purpose The purpose of this policy is to establish processing and evaluation criteria for funding requests received from community-based organizations that provide community service programs to Temecula residents throughout this fiscal year. General Policy The City receives requests throughout the year for financial assistance from various organizations that provide a variety of services within the community. It is the City's policy to channel all requests through an annual review, thereby ensuring that all requests are evaluated equitably and consistently; to enter into agreements for specific measurable services; and, to ensure that recipients are held accountable for providing the agreed upon services within the specified time frame. Fundinq Philosophy Requests for funding received from organizations will be considered during a specified period. Due to limited resources, not all requests can be funded. It is not the City's intention to fund each request received; but rather, to evaluate each proposal and provide funding to those organizations which most effectively serve the needs and improves the well being of the residents of Temecula. The City will give special consideration to proposals that replace or enhance services the City is responsible for providing. The City also puts a higher priority on projects that have a broad community appeal. The City Council encourages a goal of self-sufficiency for all local organizations. The City Council supports providing grants to organizations that have demonstrated their effectiveness in raising funds and volunteer services for their programs within the community. The Council discourages an over-reliance on City financial assistance to maintain such programs on an ongoing basis. Therefore, all organizations requesting funds from the City should continue efforts to develop stable private funding sources. Community Services Funding Program Policy (Continued) Page 2 Eli,qibility To be eligible for funding, organizations: Must be tax exempt; Must be nonprofit; Cannot include salaries as part of their funding request; Cannot include scholarships to high school students as part of their funding request; Cannot include debts as part of their funding request; Eligible individuals must be Temecula residents. Guidelines The program or service should benefit the general community of Temecula residents. The maximum allowable funding award is $5,000. Compliance A written report should be presented to the City thirty (30) days after the completion of the project. In the case of an extended project, interim reports may be required. Proper documentation to substantiate the funds received by the City should be provided, as soon as they are expended prior to June 30, 2004. If the funds are not expended in accordance with the approved purpose, the organization will be required to refund the amount of funds. Failure to provide proper documentation may jeopardize any future funding. Timelines Frida Jul 18 2003 - Applications will be available at City Hall. Friday, September 12, 2003 - Deadline for submitting applications. November 2003 - Award recipients will be announced. Community Services Funding Program Policy (Continued) Criteria Page 3 In making funding determinations, the City's Community Service Funding ad hoc committee will consider the following criteria: A. Is the organization currently non-profit? Does the organization provide a service to the overa I community? Is the size and make-up of the organization equipped to provide the program/service to the overall community? D. What is the public reaction to the group? Does the organization have a high quality level of fiscal management? Is the group well organized to ensure longevity in the City of Temecula? Is there evidence of satisfactory service provided to the C~ty s c~bzens. Is the organization free from discrimination based on race, color, creed, nationality, sex, marital status, disability, religion, or political affiliation? Does the organization require attendance or participation in any political, religious or social activity? Can the organization provide financial statements (prepared using an appropriate method of accounting) to demonstrate sound financial management? Can the organization provide a budget for the fiscal year of request demonstrating cost-effectiveness? L. Does the organization make its services available to all? M. Does the organization possess ongoing program evaluation tools? Community Services Funding Program Policy (Continued) Directions: Page 4 A. Detach the application from the policy. Complete the application, filling in all of the blanks. Secure any attachments with staples. C. Do not attach more than is requested. D. Submit the original, plus 5 copies of the application (6 total) to: Mail to: Deliver to: City of Temecula Community Service Funding Denise Caravelli P.O. Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Denise Caravelli 43200 Business Park Drive Temecula, CA 92590 Due to the large volume of applications submitted for this funding program, the City is unable to accept applications via fax or e-mail. If you have any questions please contact Denise Caravelli at (909) 694-6430. CITY OF TEMECULA Fiscal Year 2003-04 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2003-04 Program Submission Deadline: Friday, September 12, 2003 (6 copies required) Amount Requested: $ Project Name: (Maximum allowable $5,000) Project Start Date: Project End Date: ORGANIZATION DATA: Name of Organization: Contact Name: Title/Position: Mailing Address: Telephone: Number of Paid Staff: Geographic Area(s) Served: Year Organization Founded: Number of Volunteers: Is this organization incorporated in California as a non-profit organization? Yes__ No__ Effective Date: If "yes": Date of incorporation as a non-profit Federal identification number State identification number *Include a copy of your statement of non-profit status from the State of California. If "no": Name of sponsoring organization Federal identification number State identification number This application has been authorized by the organization's: Executive Committee Board of Directors Members-at-Large FINANCIAL STATEMENTS Application Page 2 I THIS PAGE MUST BE COMPLETED AND SUBMITTED (Based on your organization's last fiscal year) Balance Sheet as of Assets Cash and Investments $. Receivables (detail) Inventory Fixed Assets Other Assets Total Assets $_ Liabilities & Fund Balance Current Payables $. Notes Payable Fund Balance Total Liabilities & Fund Balance $ Income Statement for the Year Ended June 30, 2003 Income Fundraising $ Foundation Grants $ United Way $. Government Funds $ 2002-03 CityGrant $ Other Sources $ Expenses Salades Operating Expenses Community Services National/Parent Organization Fees $ $ $ Other Expenses $ Please note with an asterisk (*) any amounts that require additional explanation, and comment on these items. THIS PAGE MUST BE COMPLETED AND SUBMITTED. In addition, please attach the organization's current budget, treasurer's report, financial statements and footnotes. (It does not require a CPA's audit, but please submit if available.) MISSION STATEMENT Application Page 3 I Briefly describe the goals and objectives of your organization and community services it provides. Descdbe the ways your organization meets the criteria listed on page 2. PROJECT DESCRIPTION Application Page 4 How will your organization use the funding awarded? Describe the project, project objectives, those served, area serviced, and number of volunteers involved. Be specific. Include equipment or services that would be purchased and why. Include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print legibly.) PAST PROJECT BENEFITS Application Page 5 I If your organization received City of Temecula funding in the previous year, please explain and show how Temecula residents benefited. SIGNATURE PAGE Application Page 6 I We hereby certify the information contained in this application is true to the best of our knowledge and belief. Prepared By: NAME AND TITLE (Please Print or Type) (Signature) President or Authorized Officer: NAME AND TITLE (Please Print or Type) (Signature) Or.qanization: (Organization Name) (Mailing Address of Organization) (Telephone) (Date) BE SURE TO INCLUDE THE ORIGINAL PLUS 5 COPIES (TOTAL OF 6 COPIES) AND SUBMIT TO: Mail Completed Applications to: Or Deliver in Person to: City of Temecula Community Service Funding Program Denise Caravelli Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Community Service Funding Program Denise Caravelli 43200 Business Park Drive Temecula, CA 92590 ITEM 7 TO: FROM: DATE: SUBJECT: APPROVAL ~/, ,,~-~- CITY ATDORNEY ~ I DIRECTOR OF FINANCI~ ~ I CITY MANAGER --~l CITY OF TEMECULA AGENDA REPORT City Manager/City Council /~illiam G. Hughes. Director of Public Works/City Engineer October 22, 2003 Accept the Declaration of Dedication and execute the Quitclaim Deed whereby City grants to Riverside County Flood Control and Water Conservation District (RCFC&WCD) a drainage easement for Margarita Road Storm Drain, Line I PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Gerald L. Alegria, Senior Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE DECLARATION OF DEDICATION AND EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR MARGARITA ROAD STORM DRAIN, LINE I BACKGROUND: Margarita Storm Drain, Line I has been completed and Riverside County Flood Control and Water Conservation District is prepared to accept the storm drain for maintenance in accordance with the terms of the Cooperative Agreement, recorded May 17, 2000 as Instrument No. 187994, executed by the District, City of Temecula and Van Daeie Development Corporation. in order for the District to accept the storm drain for maintenance the City of Temecula needs to accept the Declaration of Dedication that was recorded May 22, 2001 as instrument No. 225395, dedicated for construction of this facility, and execute the attached quitclaim deed conveying the drainage easement to the District. FISCAL IMPACT: ATTACHMENTS: The City will be relieved of maintenance responsibility. 1. Resolution No. 2003- 2. Quitclaim Deed (1 Sheet) 3. Declaration of Dedication (5 Sheets) 3. Exhibit "A" (1 Sheets) 4. Exhibit "B" (1 Sheet) R:~AGENDA REPORTS~003\102203\RCFC&WCD DRAINAGE EASEMENT.DOC 1 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE DECLARATION OF DEDICATION AND EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR MARGARITA ROAD STORM DRAIN, LINE I THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: Margarita Road Storm Drain, Line I, Project No. 7-0-0179 was constructed in Date Street to convey storm runoff from Tract 28184 (County) and Tract 29639-1 (Harveston); B. Declaration of Dedication, recorded May 22, 2001 as Instrument No. 225395 was dedicated for the construction of this facility; Riverside County Flood Control and Water Conservation District is prepared to accept the Margarita Road Storm Drain, Line I for maintenance in accordance with the terms of the Cooperative Agreement, recorded May17, 2000 as Instrument No. 187994; Accepting the Declaration of Dedication and executing the quitclaim deed to convey the drainage easement to the Riverside County Flood Control and Water Conservation District is necessary to comply with the terms of the Cooperative Agreement and serves the public interests. WHEREAS, The City Council of the City of Temecula hereby desires to accept the Declaration of Dedication described in Exhibit "A" and shown in Exhibit "B" and execute the quitclaim deed attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the Declaration of Dedication described in Exhibit "A" and shown in Exhibit "B" and execute the quitclaim deed attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October 2003. Jeffrey E. Stone, Mayor A'FFEST: Susan W. Jones, CMC, City Clerk R:~AGENDA REPORTS~2003\102203\RCFC&WCD DRAINAGE EASEMENT. DOC 2 (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adol~ted by the City Council of the City of Temecula at a regular meeting thereof held on the 22"°day of October, 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:~AGENDA REPORTS~2003\102203\RCFC&WCD DRAINAGE EASEMENT.DOC 3 WARREN D. WILLIAMS eneral Managcr-Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT June 6, 2003 1995 MARKET STREET E_rVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX 81792.1 Mr. William Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Mr. Hughes: Re: Margarita Road Storm Drain, Line I Project No. 7-0-0179 Tract No: 28184 Acceptance of Offer of Dedication and Conveyance to District The Riverside County Flood Control and Water Consen, adon District is prepared to accept the Margarita Road Storm Drain, Line I system for maintenance in accordance with the terms of the Cooperative Agreement, recorded May 17, 2000 as Instrument No. 187994, executed by the District, City of Temecula and Van Daele Development Corporation (developer) for the above referenced tract. We now request the City of Temecula to accept the Declaration of Dedication that was recorded May 22, 2001 as Instrument No. 225395, dedicated for construction of this facility, and execute the enclosed quitclaim deed conveying the easement to the District. Please prepare a resolution for your City Council accepting the offer of dedication and authorizing your Mayor to execute the deed. The executed deed must be returned for District acceptance prior to recordation. Please include a certified copy of your resolution for our file anti I will return a copy of the recorded deed for your file. I have enclosed the Cooperative Agreement showing the facility f(~r your use. If you need further information, you may call Ami Ufista at 909.955.4518. COEN COUWENBERG Chief of Operations and Maintenance Division Enclosures AU:pin Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) Project No.: 7-0-0179 Tract No. 28184 AD 161 RCFC Parcel 7179-501 OUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby aelmowledged, the CITY OF TEMECULA, a municipal corporation, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to the easement situated in the City of Temecula, County of Riverside, State of California, described as: parcel 7179-501 Declaration of Dedication recorded May 22, 2001 as Instrument No. 225395, records of said County, as shown as Attachment, attached hereto and made a part hereof CITY OF TEMECULA, a municipal corporation: Date By:. JeffStone, Mayor Date . By: .. Susan W. Jones, City Clerk .CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed to RIVERSIDE COUNTY FIX)OD CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its duly authorized officer. Date By: WARREN D. WILLIAMS, General Manager-Chief Engineer ' ' ATTACHMENT RECORDING REQUSTED BY: FIRST AMERICAN TITLE COMPANY WHEN RECORDED MAIL TO: Riverside County Flood Control 1995 Market Street Riverside, CA 92501 05/22/2801 0~:~8A Fee:NC Recorded in Official Records County of Riverside Gary L. Orso Rssess~r, ~ounty Clerk & Re~order DECLARATION OF DEDICATION THIS :REA 'FO'.R .RE'COR.DE:R ' S USE ON.LY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) SHEET 1 OF 5 ATTACHMENT CONSENT TO RECORD (GOV. CODE 7050) NO FEE (GOV. CODE 6103) AFTER RECORDING RETURN TO: RIVERSIDE COUNTY FIX)OD CONTROL 1995 MARKET STREET, RIVERSIDE, CA 92501 Project: Santa Gemudis Valley Assessment District 161 Margarita Road Storm Drain Project No.: 7-0-179 Drawing No.: 7-154 DECLARATION OF DEDICATION LENNAR HOMES OF CALIFORNIA, a California Corporation, Hereby Irrevocably.Dedicates in Pea'petuity to the City of Temecula, a municipal corporation, an easement for the construction, use, repair, reconstmcti°n, inspection, operation and " ' ' · · · . maintenance Margarita Road Storm Drain outlet, and all appurtenant works, including ingress and egress thereto, -oVer that certain real' property situated in the County of Riverside, State of California, described in legal description attached hereto as Exhibit "A" and made a part hereof.: 'Leanar Homes of California, a California corporation By: ....... ~ .............. ~ ............................. Title: i ' ' (Notary) Title: ........................................................................ (Notary) .ql:ll?l~.T '~ (~17 g " ATTACHMENT ALL-PURPOSE ACKNOWLEDGEMENT State of Califomia County of Orange On 8/30/00 personally appeared before me, Tom)3Banks [] personally known to me - OR - Janice L. Zlaket e~idmaoexto be the person~) whose, name(~) is/a~ec subscribed to ~e within ins~ment ~d ac~owledge~ to me ~at he/~execut~ the same in his/k~k~k authorized capacity(~, and that by his~ signatu~ on ~e ins~ment ~e ~on~ or the entity' upon .behalf of Which the person~ ac~ed, executed the instrument. i ~ C, APACIIT C~UMED BY'SIGNER (PRi~ClPAL) '. [] INDIVIOU'M~ ' . [] .coP, omc . WITNESS my hand and official seal. OPTION/H, INFORMAIION 'The infotmatlon below is not rcqu!rcd by law. However, it could prevcn, t fraudulent attachment of this acknowl- edgement to an unaufltorized documenL DESCRIPTION OF ATTACHED DOCUNENT [] ATTORNEY-IN-FACT [] 'rRusTms) '-~ GUARDIAN/CONSERVATOR Declaration of Dedication 't I J LE OR TYPE OF DOCUMENT 3 NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: s~aE or Peaso~s} OR F.m'n'YuEs) OTHER RIGHTSIGNER THUMBPRINTOF li VALLEY-SIERRA, 800-362-3369 ATTACHMENT EXH]BIT A EASEMENT LOT !61 BEING A PORTION OF LOT 161, OF THE MURRIETA PORTION OF THE TEMECULA LAND AND WATER COMPANY MAP ON FILE IN BOOK 8 OF MAPS, AT PAGE 359, RECORDS OF .SAN DIEGO COUNTY, ALSO BEING A PORTION OF SEC. 23, TTS, R3W, PROJECTED, DESCRIBED AS FOLLOWS: THENCE' THENCE; THENCE- THENCE- BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 161; THENCE; SOUTH 41°46'54" EAST, 46.00 FEET ALONG THE COMMON LINE OF SAID LOT 161 AND LOT 168 OF SAID MAP; LEAVIlqG SAID COMMON LINE SOUTH 10° 44'01" WE~T, 111.55 FEET; NORTH 79°13'49" WEST, 55.73 FEET; NORTH 41° 46'54" WF~T, 69.64 FEET, TO A POINT ON THE NORTHWESTERLy LINE OF SAID LOT 161; 'NORTH 48o13'06" EAST, 122.40 FEET, ALONG SAID NORTHWF~TERLY LINE, TO THE PO/NT OF BEGINNING. SEE EXHIBIT "B" ATTACHED HERETO AND MADE APART HEREOF. THE ABOVE DESCRIBEI~ EASEMENT CONTAINS 0.23 ACRES, MORE OR LESS. 2801-2253~5 H:~HOME~egals!Van DaeI~)FFSITE SD & WL EASEMENTS TR 28184 LQ.T 161 & 168 5290IS.doe SHEET ~--,,,2.~0.35-w---- 45' ~ - ' SEC 23,~S,R3W ~s-P~eifie Consulfonts a~L ENGINEERS 27431 Enterprise Circle West, Temeculo, CA., 92590 rills PLAT IS SOLeLy AN ND IN LOCATING THE PARCEL(S) DESCRIBED IN 'file ~TI'ACHED DOCUMENT. IT IS NOT PART OF THE Y~RITIEN DESCRIP'flON ]HEREIN. ~BY J.O.E. D^T~ 2 ' 10_Z%~./_~ ~BiT LAND SURVEYORS, PLANNERS · - w.o. # su£~ 1 OF 1 529015 FOR · DRAINAGE?:'~EASEMEN T ITEM 8 TO.' FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT APPROVAL /r~/,~ CITY ATTORNEY ~ DIRECTOR OF FINANCE CITY MANAGER ~-?~'~ I /~,C,i. ty ManagedCity Council ./~/~/~Nilliam G. Hughes, Director of Public Works/City Engineer October 22, 2003 Acceptance of an Easement Deed for Drainage Purposes North of Lot "A" (Murrieta Hot Springs Road) of Tract Map 29353-1 in the Roripaugh Ranch Subdivision PREPARED BY: Ronald J. Parks, Deputy Director of Public Works .~(~Steve Charette, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN EASEMENT DEED FOR DRAINAGE PURPOSES NORTH OF LOT "A" (MURRIETA HOT SPRINGS ROAD) OF TRACT MAP 29353-1 IN RORIPAUGH RANCH SUBDIVISION BACKGROUND: Public Improvement requirements for the development of Tract 29353-1 necessitate the dedication of an easement for the purposes of storm drain construction. The drainage easement is to facilitate the installation of a proposed storm drain outlet located just outside the northerly boundary of Tract 29353-1. The proposed drainage easement location is within the portion of Section 20, Township 7 South, Range 2 West, County of Riverside, more specifically described in the attached Exhibits "A" and "B". Ashby USA, LLC, the owners of portion of said Section 20, are dedicating the required easement to the City in order to accommodate the maintenance of the storm drain facilities/inlets. Staff recommends that the City Council consent to the recordation of the easement deed for drainage purposes. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 2003- 2. Easement Deed with Exhibit "A" and "B" made parts thereof. R:~AGENDA REPORTS~003~102203\TM 29353-1 accept drainage easement. DOC RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN EASEMENT DEED FOR DRAINAGE PURPOSES NORTH OF LOT "A" (MURRIETA HOT SPRINGS ROAD) OF TRACT MAP 29353-1 IN RORIPAUGH RANCH SUBDIVISION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: City Staff has established the requirement for certain improvements as conditions of approval for the development of Tract 29353-1; As part of the construction of the required drainage improvements it is necessary for the owner of the property north of Tract 29353-1, Ashby USA, LLC, to provide an easement for drainage purposes; C. Said easement is to the City in order to accommodate the maintenance of the storm drain facility/outlet; D. Acceptance of the easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the easement deed for drainage purposes by Ashby USA, LLC as described on Exhibits "A" and shown on Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the easement deed for drainage purposes by Ashby USA, LLC. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk R:~AGENDA REPORTS~003\102203\TM 29353-1 accept drainage easement. DOC (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October 2003 by the following vote: AYES: 0 COUNClLMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:~AGENDA REPORTS~2003\102203\TM 29353-1 accept drainage easement. DOC RECORDING REQUESTED BY: City of Temecula, California AFTER RECORDING MAIL TO: City Clerk City of Temecula P.O. BOX 9033 Temecula, CA 92589-9033 STORM DRAIN EASEMENT THIS DOCUMENT IS RECORDED AS A BENEFIT TO THE CITY OF TEMECULA AND IS EXEMPT FROM RECORDING FEE PURSUANT TO SECTION 6103 OF CALIFORNIA GOVERNMENT CODE. ASSESSOR'S PARCEL NO. 957-340-001 PROJECT NO. TM 29353-1 Ashby USA, LLC, A California Limited Liability Company, hereinafter designated GRANTORS, represent that they are the owners of the hereinafter described real property, and for a valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain, convey and release unto the City of Temecula, a municipal corporation, in the County of Riverside, State of California, hereinafter designated GRANTEE, its successors and assigns, a perpetual STORM DRAIN EASEMENT and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of an enclosed and/or open storm drain system including any and all structures and appurtenances incidental thereto designed to convey stormwater runoffthrough the property of the GRANTORS, together with the dght to have and hold said easement and right-of-way unto itself and unto its successors and assigns forever and to convey said easement, or any portion thereof, to other public agencies. The real property referred to hereinabove and made subject to said easement by this grant is situated in the City of Temecula, State of California, and is more padicularly described as follows: LEGAL DESCRIPTION (See Exhibits - "A" & "B" attached and incorporated herein by this reference as set forth in full) The GRANTORS shall not construct buildings or structures, install trees or bushes, or otherwise obstruct in any fashion whatsoever the use of said easement and right-of-way by the GRANTEE, its successors or assigns without the express written consent of the GRANTEE as demonstrated by issuance of an Encroachment Permit issued by the GRANTEE. The GRANTEE shall have the dght but not the obligation to remove any buildings, structures, trees bushes or other obstruction that interfere with the right of the GRANTEE to use said easement and right-of-way. The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in good repair the above described works and shall have a right-of-entry upon the property of the GRANTORS for the purposes of inspecting, operating, maintaining, and keeping in good repair the above described works of improvement. There is reserved to the GRANTORS, their successors and assigns, the right and privilege to use the above described land of the GRANTORS at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the GRANTEE, its successors and assigns, of the dghts and privileges herein granted. The GRANTORS for themselves, their successors and assigns, hereby waives any claim for any and all damages to GRANTOR'S remaining property contiguous to the easement hereby conveyed by reason of the location, design, construction or maintenance of said drainage facilities or said easement. WITNESS WHEREOF, the GRANTORS have executed this instrument this 17 day of Sept. ,2003 . GRANTORS: Its: Ma n a g.j.n._q_~j~mb e r lC. (sign here) Justin K. Ashby (pdnt name here) ASHBY USA, LLC a California limited liability company By: ASHBY DEVELOPMENT COMPANY, INC. a California ~orporation, (sign here) Deyo P. Breen (pdntname here) President (title of signatory) Vice President (title of signatory) (All OWNERS must sign.) (Proper notarial acknowledgment of execution by OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (Attach appropriate Subordination Agreements as applicable) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) coun of R : vc -sicl SS. Date personally appeared beforeme,-T~P.U ~/~, ~[XOr'~ ~©~-OZU P~hc ~Na~ and T~le el ~i~r (eg. '~.e ~, N~a~ Public')~ N~j) of Signer(s) ~ ersonally known to me ~ proved to me on the basis of satisfacto~ 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(les), 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 Notan/Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: ,.~ ~(~)lF~ Document Date; Signer(s) Other Than Named Above: Number of Pages: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer-- Title(s): [] Partner-- [] Limited [~ General [] Attorney-in-Fact [] Trustee I~ Guardian or Conservator [] Other: Signer Is Representing:_ CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated for a STORM DRAIN EASEMENT granted by , the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Government Code Section 27281. Said easement was accepted on . The GRANTEE consents to the recordation thereof by its duly authorized officer. CITY CLERK'S OFFICE: Date: Attest: Susan W. Jones, CMC, City Clerk EXHIBIT A Dedication of Off-Site Storm Drain Easement Being a portion of the North half of the North half of Section 20, Township 7 South, Range 2 West, San Bernardino Meridian, located in the City of Temecula, County of Riverside, State of California, more particularly described as follows: COMMENCING at a monument on the centerline of Murrieta Hot Springs Road, as shown on Tract No. 29353-1, recorded in Map Book 334, Pages 21 through 24, inclusive, Records of Riverside County, California, said point also being the point of tangency of a curve, concave northeasterly, having a radius of 1600.00 feet, from which a radial line bears North 14o22'02'' East; THENCE, South 75°37'58" East, continuing along said centerline of Murrieta Hot Springs Road, a distance of 416.95 feet; THENCE, North 14022'02'' East, measured at right angles, a distance of 55.00 feet to the TRUE POINT OF BEGINNING, said point also being on the Northerly right of way line (55.00 feet - half width) of Murrieta Hot Springs Road; THENCE, North 14°22'02" East, a distance of 66.98 feet; THENCE, South 75037'58'' East, a distance of 50.00 feet; THENCE, South 14°22'02" West, a distance of 66.98 feet to a point on said Northerly right of way line of Murrieta Hot Springs Road; THENCE, North 75 °37'58" West, along said Northerly right of way line of Murrieta Hot Springs Road, a distance of 50.00 feet to the true point of beginning. Containing 0.08 acres, more or less. (3349 square feet) '. EXHIBIT 'B' DEDICATION OF STORM DRAIN EASEMENT SCALE 1 "= 100' CITY LIMIT LINE N88'37'03~1 2250.47' N.~. CO~. SEC. ~0__/ ~.7 $.R. £ 1~. $.~.M. CURVE TABLE NUMBER DELTA PAD/US LENGTH 01 I P.35'49" 1600.00' J23.85' 02 11'35'49" t545.00' 312.72' C$ 02'06'26" 1655.00' 60.87' C4 09'29'21" 1655.00' 274.10' CONTAINING 0.08 AC. (3549 SQ. Fl:.) 16 21 PREPARED ENGINEERS Clt/IL E#OI#EERING * 81]fl YE 6B20 AIRPORT DRIVE, RIVER~DE, C.A TEL~ (909) 688-02.41 * FAX~ (909) 688-0,..~ ITEM 9 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council ~/lJwilliam G. Hughes, October 22, 2003 APPROVAL CITY A'I-DORNEY Director of Public Works/City Engineer Acceptance of Offer of Dedication (TR3552 - Lot 14) - Road Purposes on La Paz Street PREPARED BY: Ronald J. Parks, Deputy Director of Public Works .~Steven Charette, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES FOR LA PAZ STREET, BUT NOT ACCEPTING THAT PORTION OF STREET INTO THE CITY MAINTAINED STREET SYSTEM AT THIS TIME BACKGROUND: The Owner has dedicated an additional 14 feet of right-of-way on La Paz Street along the project's property frontage. The Circulation Element of the City's General Plan classifies La Paz Street, as a Secondary Highway with an ultimate right-of-way width of 88 feet. The Owner has submitted an Offer of Dedication - Road Purposes along with a legal description and plat whereby he dedicates a 14-foot wide strip of land along his property frontage for right-of-way and public utility purposes. Upon City Council approval and recordation of this Offer of Dedication - Road Purposes, the Owner will satisfy his condition of approval obligation. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 2003- 2. Offer of Dedication - Road Purposes with Exhibits "A" and "B" made a part thereof. I R:'~,G EN DA REPORTS~003\102203\TM3552LOT14.Offer of Dedica~on,DOC RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES FOR LA PAZ STREET, BUT NOT ACCEPTING THAT PORTION OF STREET INTO THE CITY MAINTAINED STREET SYSTEM AT THIS TIME THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: City Staff has established the requirement for dedication of 14 feet of additional right-of-way along property frontage on La Paz Street; The owners, Alfred A. Carrillo and Lupe P. Carrillo, submitted an offer of dedication for road purposes dedicating an additional 14 feet of right-of-way for public street and utility purposes for La Paz Street; Acceptance of this offer of dedication does not obligate the City to assume responsibility, nor incur liability with respect to the offer of dedication until subject streets have been accepted into the city maintained street system by separate resolution. WHEREAS, The City Council of the City of Temecula hereby desires to accept the offer of dedication for road purposes by Alfred A. Carrillo and Lupe P. Carrillo as attached hereto along with its Exhibits "A" and "B". NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the offer of dedication for road purposes by R Alfred A. Carrillo and Lupe P. Carrillo for La Paz Street, but not into the City Maintained Street System at this time. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC, City Clerk 2 R:~GENDA REPORTS~2003\102203~TM3552LOT14.Offer of Dedication. DOC (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October, 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 3 R:~AGENDA REPORTS~2003\I02203\TM3552LOT14,O[fer of DedicalJ(~.DOC EXEMPT RECORDING REQUESTED BY City of Temecula PER GOVq' CODE 6103 AND WHEN RECORDED MAIL TO City of Temecula - City Clerk P O Box 9033 Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO City of Temecula ? O Box 9033 Temecula, CA 92589-9033 OFFER OF DEDICATION - ROAD PURPOSES The undersigned, being the present title owner(s) of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the City of Temecula, a political subdivision of the State of California, and its successors or assigns, for public road, sa'eet, highway and utility purposes, the real property situated in the City of Temecula, County of Riverside, State of California, described in Exhibit "A (written description) and shown on Exhibit "B" (plat map) attached hereto and incorporated herein by this reference as though set forth in full. It is understood and agreed that the City of Temecula and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. IN WITNESS THEREOF, these presents have executed this instrument this [ ~ day of -'~'w~:~4-- ,2003. ~ Name: ./~/ l~r~ ~ Title: Signa~e ~/' Name: Title: STATE OF CALIFORNIA } SS. counTY oF PaVERS DE} On e~ II ~ /o~ beforeme ~-'~ ~ p& personally appeared /~ { ~ .... W~/. ~..., ,~ -cZ, a.-_..,.a Notary Public in and for the State of California, ~ ( ~£r~/t ~er s oVnal l'-y~l~no~wn t~ me (or'13~bved 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 Iv/she/they executed the same in his..hi_s_s_s_s_s_s_s_~w.r/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 theperson(s) acted, executed the instnunent, i~~_~f-- - - _ _ _ _ ' _ WITNESS my hand and official seal. · Revised: 03/06/03 R:\CHARETS\03XDedieations\TM3552Lotl 4\TM3552Lotl 4.Offer of Dedication.dec STATE OF CALIFORNIA } SS. COUNTY OF RIVERSIDE} On ., before me, , a Notary Public in and for the State of Califomia, 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 insmunent 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&which the person(s) acted, executed the inslnnnent. WITNESS my hand and official seal. Signature ACCEPTANCE CERTIFICATE The City of Temecula hereby accepts the Offer of Dedication hereby attached and consents to the recordation of this document as set forth above. Nothing herein is intended nor shall anything herein be construed as acceptance of the Dedication until such dedication has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. CITY OF TEMECULA ATTEST: Jeffrey E. Stone Mayor Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Revised: 03/06/03 R:\CHARETS\O3~Dedica6ons\TM3552LotI4\TM3552LotI4.0iTer of Dedication.doc JUNE 30, 2003 SHT. I OF 1 EXHIBIT "A" RIGHT OF WAY DEDICATION BEING A PORTION OF LAND OF LOT 14 OF TRACT MAP 3552, RECORDED BOOK 56 PAGES 63 THROUGH 66 COUNTY OF RIVERSIDE, STATE OF CALIFORNIA OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 14, SAID POINT ALSO BEING ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF LA PAZ STREET AS SHOWN ON SAID TRACT MAP 3552, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 3547.00 FEET AND A RADIAL BEARING OF NORTH 42o25, 11" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°13'34'', A DISTANCE OF 14.00 FEET TO A LINE PARALLEL WITH AND 14.00 FEET SOUTHEASTERLY OF THE SAID RIGHT OF WAY OF LA PAZ SAID POINT ON THE NORTHERLY LINE OF SAID LOT 14; THENCE LEAVING SAID NORTHERLY LINE ALONG SAID PARALLEL LINE SOUTH 42054' 15" WEST, A DISTANCE OF 295.84 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY WITH A RADIUS OF 14.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°51 '53", A DISTANCE OF 22.20 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY WITH A RADIUS OF 3857.00 FEET HAVING A RADIAL BEARING OF NORTH 42002'22'' EAST, POINT BEING ON THE SOUTHERLY LINE OF SAID LOT 14, SAID POINT ALSO BEING ON THE NORTHEASTERLY RIGHT OF WAY LINE OF VALLE JO AVENUE AS SHOWN ON SAID TRACT MAP 3552; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00012'3 l", A DISTANCE OF 14.04 FEET TO A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 14.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°39'22'', A DISTANCE OF 22.15 FEET TO A POINT ON THE SAID SOUTHEASTERLY RIGHT OF WAY LINE OF LA PAZ STREET; THENCE ALONG SAID SOUTHEASTERLY NORTH 42054' 15" EAST, A DISTANCE OF 295.88 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 4,341 S.F. OR 0.10 ACRES, MORE OR LESS. T:\WORKkLDD~Bock - La ' ~xv.~ EXHIBIT "B" CURVE TABLE · SITE CURVE DELTA i RADIUS LENGTH ~ ~ C' 0'13'34" 3547.00' ,4.00' C£ 90°5f53'' 14.00' 22.;20' C3 0°~2'3~'' 385?'.00' ~4.04' VICINITY MAP C4 90*39'22" 14.00' N.T.S. P.O.B. (~. , ~c. ~ :~ ~ DATA PER T~CT M~ NO. 3552 'i ~ ~ M~ 56/63--66 I 80' ~ 80' ~ C3 D JI ~--,S,,,.,,C. ~-- ~Y TJ W.O.~- SM-03-078 BA~PING/SURVEYINO SERVICES DA~ 06/16/03 SHEET 1 OF 1 MAIN STREW, ~0~ PH: (~09) ~77~0 ~ECU~, CA 925~ F~: (~9) 69~912 ~.~,~: ,~..~.~..~.o...~ RIGHT OF WAY DEDICATION CURVE TABLE CURVE DELTA RADIUS LENGTH CI 0°13'34" 3547.00' 14.00' C2 90°5f53'' 14.00' 22.20' C3 0°12'31" 385'7.00' 14.04' C4 90°39'22'' 14.00' 22.15' ITEM 10 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Manager/City Council APPROVAL CiTY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER ,/~J._.~William G. Hughes, Director of Public Works/City Engineer October 22, 2003 California Integrated Waste Management Board - Waste Tire Track and Other Recreational Surfacing Grant Program Application PREPARED BY: Julie Dauer, CIP Specialist RECOMMENDATION: That the City Council: Authorize City Staff to apply for grant funding from the California Integrated Waste Management Board to partially offset the costs of installing artificial playing fields at the new Sports Complex to be constructed at Pechanga Parkway and Deer Hollow Way. 2. Adopt a Resolution entitled: RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR GRANT FUNDS SUPPORTING THE INSTALLATION OF ARTIFICIAL PLAYING FIELDS AT THE NEW SPORTS COMPLEX BACKGROUND: The California Integrated Waste Management Board (CIWMB) receives an annual appropriation from the California Tire Recycling Management Fund (Tire Fund) to administer the Tire Recycling Act (Assembly Bill 1843, Brown, Statutes of 1989, Chapter 974) and related legislation. As part of the Act, CIWMB is offering the Waste Tire Track and Other Recreational Surfacing Grant Program to encourage the reduction of landfill disposal and stockpiling of California waste tires. The CIWMB is authorized to allocate monies from the Tire Fund in a manner consistent with a Five-Year Plan that is developed and approved by CIWMB and submitted to the Legislature. In the CIWMB approved Five-Year Plan for the Waste Tire Management Program, staff proposed funding for the next fiscal year at eight hundred thousand dollars ($800,000) for the Waste Tire Track and Other Recreational Surfacing grants, with a maximum of $100,000 per grant. Eligible projects for the Waste Tire Track and Other Recreational Surfacing Grant Program include surfacing material that is placed underneath and around recreational sites. "Recreational 1 R:~AGENDA REPORTS~2003\102203~,Waste Tire Grant~jrantapp.doc site" means an area designed, equipped, and set aside for the public's recreation. For purposes of this grant program examples of recreational sites include, but are not limited to: running tracks, tennis courts, skateboard parks, swimming pools, soccer fields, football fields, hockey fields, weight rooms and fairgrounds. The Public Works Department has prepared a grant application request that we believe meet the eligibility and evaluation requirements of this grant program. Our grant application requests reimbursement funds for a portion of the material costs associated with the installation of the artificial playing fields at the new Sports Complex at Pechanga Parkway and Deer Hollow Way. FISCAL IMPACT: Pursuant to the CIWMB grant program guidelines, applications are reviewed and scored based on the answers to the criteria in the application. Applicants must score seventy percent (70%) to be considered for funding. Funding recommendations for the Board's consideration will be reviewed at their regular business meeting in March 2004. The grant program will provide up to a maximum of $100,000 with a 100% local match of $100,000. Sufficient funds are budgeted within the FY2004-08 Capital Improvement Program for the Sports Complex. ATTACHMENTS: 1. Resolution No. 2003- 2 R:~AGENDA REPORTS~2003\102203\Waste Tire Grant-grantapp,doc RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR GRANT FUNDS SUPPORTING THE INSTALLATION OF ARTIFICIAL PLAYING FIELDS AT THE NEW SPORTS COMPLEX THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the people of the State of California have enacted Assembly Bill 1843 (Brown, Statutes of 1989, Chapter 974) that provides grants to public entities involved in activities that result in reduced landfill disposal of used whole tiros and roduced illegal disposal or stockpiling of used whole tiros; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of the program for the State, setting up necessary prooceduros governing program applications; and WHEREAS, said procedures established by the California Integrated Waste Management Board require the applicant to certify by resolution approval of the application before submission of said application to the State; and WHEREAS, if awarded a grant, the applicant will enter into an agreement with the State of California for development of the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Approves the submittal of an application to the California Integrated Waste Management Board for the 2003/2004 Waste Tiro Track and Other Recreational Surfacing Grant Program; Section 2. Certifies that if rocommended for funding by the California Integrated Waste Management Board, the City of Temecula will provide 100% local matching funds up to $100,000; Section 3. Approves William G. Hughes, Director of Public Works/City Engineer, as authorized and empowerod to execute all necessary documents, including but not limited to, applications, agreements, amendments, and payment requests necessary to secure grant funds and to implement and carry out the purposes specified in the grant application 3 R:~,GENDA REPORTS~003't102203~Waste Tire Grant~rantapp.doc PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October 2003, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS 4 R:~AGENDA REPORTS~003\102203\Waste Tire Grant~rantapp,doc ITEM 11 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Manager/City Council .~/~William G. Hughes, October 22, 2003 APPROVAL [/~, ,~r" CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER ~__J Director of Public Works/City Engineer John Warner Road Assessment District Improvements - PW02-07 Construction Contract Amendment PREPARED BY: Greg Butler, Principal Engineer RECOMMENDATION: That the City Council approve Amendment Number 1 to the Assessment District 03-04 (John Warner Road) Street and Strom Drain Improvement Project - Construction Contract with McLaughlin Engineering and Mining, Inc., Project No. PW02-07, for an amount of $32,012.00 and authorize the Mayor to execute the amendment. BACKGROUND: On August 8, 2003 the City Council approved the formation of Assessment District 03-04 (John Warner Road) and awarded the construction contract to complete the needed street and storm drain improvements to McLaughlin Engineering and Mining, Inc. (MEM). A portion of the contract includes installing an underground 42" storm drain pipe in the segment of John Warner Road that is currently paved, namely the stretch from Jeramie Rd. to SW of Cabrillo. The pavement in this segment of John Warner road is in very poor condition. The contractor's work includes repairing a 12' wide swath of pavement above the trench for the storm drain pipeline, however the remainder of the street is in dire need of rehabilitation. The contractor is willing to rehabilitate the entire street while making the trench repairs thus saving the City the expense of mobilizing a separate contractor. Amendment No. 1, in the amount of $32.012.00 is necessary because this additional road rehabilitation work is road maintenance work and cannot be funded with proceeds from the assessment district bonds. Routine Street Maintenance funds will be used to fund the added road rehabilitation work. FISCAL IMPACT: Adequate funds are available in the FY2003-04 Public Works Maintenance Division, Routine Street Maintenance account for this $32,012 amendment. The total authorized amount including the original contract, the contingency and amendment number one is $1,197,538.45. ATTACHMENT: 1. Amendment No. 1 R:~Agenda Reports~003\McLaughlin Amend l/ajp FIRST AMENDMENT TO CONTRACT BETWEEN CITY OF TEMECULA AND McLAUGHLIN ENGINEERING & MINING INC. ASSESSMENT DISTRICT 03-04 (JOHN WARNER ROAD) STREET AND STORM DRAIN IMPROVEMENT PROJECT PROJECT NO. PW02-07 THIS FIRST AMENDMENT is made and entered into as of October 22, 2003 by and between the City of Temecula, a municipal corporation ("District") and McLaughlin Engineering & Mining, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On August 12, 2003 the City and Contractor entered into that certain Contract in the amount of One Million Fifty Nine Thousand Five Hundred Sixty Nine Dollars and Fifty Cents ($1,059,569.50) entitled ("Contract"). B. The parties now desire to increase the payment for work in the amount of Thirty Two Thousand Twelve Dollars and No Cents ($32,012.00) and amend the Contract as set forth in this Amendment. 2. Section 4 of the Contract is hereby amended to read as follows: CONTRACT AMOUNT AND SCHEDULF. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work agreed to in this Amendment No. 1 for additional paving along John Warner Road in an amount of Thirty Two Thousand Twelve Dollars and No Cents ($32,012.00) for a total contract amount not to exceed One Million Ninety One Thousand Five Hundred Eighty One Dollars and Fifty Cents ($1,091,58'1.50) for the work agreed to be done. CONTRACTOR agrees to complete the work in a pedod not to exceed a total of Thirty Five (35) working days, commencing with delivery of fully executed Amendment No. 1 and a Notice to Proceed by CITY. 3. The Scope of Work is amended to include the additional paving along John Warner Road. The attached exhibit contains the additional Scope of Work. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R:iClPIPROJECT$IPWO21PW024~7 JOHN WARNERISPEC$~,ICLA UGIfLIN AMENDMEbIT I.DOC IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA Jeffrey E. Stone, Mayor ATTEST: BY: Susan W. Jones, CMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR McLaughlin Engineering and Mining, Inc. 41934 Main St., #107 Temecula, CA 92590 (909) 699-7957 Jerry Dalrymple, President By:. PRINT NAME/TITLE (Signatures of two corporate officers required for Corporations) 2 R:ICIPIPROJECTSIPWO21PW02~97 JOHN WARNERISPECSLMCL~ UGHLIN AMENDMENT I.DOC McLaughlin Engineering & Mining, Inc. 41934 Main St. #107 ° Temecula, CA 92590-2701 · (909) 699-7957 · Fax (909) 699-5208 October 07, 2003 City of Temecula 43200 Business Park Ddve Temecula, CA 92590 Attn: Jon Salazar Correspondence No. 0329-007 Re: John Warner Road Improvements Sub j: Cost Analysis for Paving Possible Changes Along John Warner Road Dear Sir, Attached to this letter is our cost analysis for the possible paving changes along John Wamer Road. Pursuant to our prior conversation this morning, I've attached our actual bid tabulation sheets for your review and determination of our proposed credit or contribution for the aforementioned work. If you have any questions or comments regarding this matter, please feel free to contact me at (909) 699-7957. Sincerely, McLaughlin Engineering & Mining, Inc. Roy Valadez General Manager Copy: Office Field (909) 699-7957 Fax(909) 699-5208 Corporate Office 41934Main St.#107 Temecula, CA92590-2701 P.O. Box 19409 Jean, Nevada 89019-9409 John Warner Ro#d Pav~ng Cost Analysis Excavation 9+47 to 19+50 = 1,003 LF 26 x .916 x 1003 = 23,887/27= Base Ot¥ 1,003 x 26 x .625 = 16,298 x 142 (LBS/CF) 1,003 x 26 x .291 = 7,588 x 146 (LBS/CF) -- 884 CY. 1,157 TNS. 554TNS. Bid Cost = Excavation = 884/2 (1/2 of required work) x 10.00 = Aggregate Base = 1,157 x $18.00 = Asphalt Concrete = 554 x $41.00 = Total MEMI Trench Patch Delta $4,420.00 $20,826.00 $2Z714.00 $47,960,00 $<15~48.00> <$3.2,012.00> ITEM 12 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY ---/L-..~-- II D.REOTO.OFF..ANOE City Manager/City Council ~f'~/~illiam G. Hughes, Director of Public Works/City Engineer October 22, 2003 Amendment No. 1 to Annual Citywide Routine Maintenance Contract PREPARED BY: (~1~ Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve Amendment Number 1 to the Annual Citywide Routine Maintenance Contract with Walter K. Becker (dba, Becker Engineering) for an amount of $100,000.00 and authorize the Mayor to execute the amendment. BACKGROUND: On June 24,2003 the City Council approved the Annual Citywide Routine Maintenance Contract with Walter K. Becker (Becker Engineering) to provide citywide routine maintenance and construction work throughout the City in the amount of $100,000.00. This work generally ranges in costs from over $1,000 to under $25,000 and involves miscellaneous repairs to drainage areas, sidewalks, curbs, gutters, and storm drains to include excavation. Amendment No. 1 is necessary due to an increase the number of large projects for repairs to the Main Street Bridge piers, reinforcement of the culvert on Jedediah Smith Road at Hwy. 79S, the removal of silt and P.C.C. repairs to Valiejo Channel. Because of these projects it is necessary to increase the amount of the annual contract to prepare for the upcoming winter months to provide for additional storm clean-up for streets and public drainage facilities. Although we also have other contractors available under contract, some of the types of services provided, by others are limited and Becker Engineering has been the most consistently available and responsive. The additional contractors on contract are specialized in different area's of construction and do not perform the same job tasks as Becker Engineering. This has resulted in their contract being exhausted sooner. The requested Amendment No. 1 to Becker Engineering and the original contract for a total amount of $200,000.00. FISCAL IMPACT: Adequate funds have been budgeted in the FY2003-04 Public Works Maintenance Division, Routine Street Maintenance and Drainage Facility Maintenance for the original contract amount of $100,000.00 plus Amendment No. I in the amount of $100,000.00 for a total contract amount of $200,000.00. ATTACHMENT: 1. Amendment No. 1 2. Agenda Report June 24, 2003 I R:~Agenda Reports\2003~1022\Becker Amend I FIRST AMENDMENT TO ANNUAL MAINTENANCE CONTRACT BE'r~NEEN CITY OF TEMECULA AND BECKER ENGINEERING THIS FIRST AMENDMENT is made and entered into as of October 22, 2003 by and between the City of Temecula, a municipal corporation ("CIV') and BECKER ENGINEERING ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 24, 2003 the City and Contractor entered into that certain agreement entitled "City of Temecula Agreement in the amount of $100,000.00 for Citywide Routine Maintenance" ("Contract"). Amendment. The parties now desire to amend the Agreement as set forth in this 2. Section 3 of the Agreement is hereby amended to read as follows: a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit"A". The First Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00). The maximum amount of payment under this Agreement shall not exceed the total contract amount of Two Hundred Thousand Dollars and No Cents ($200,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. ! RAMAIArI'AIN1WKORDER~[CONTRACT MASTERSI2OO3-2OO41BECKER 034~4 AMEND I.DOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Jeffrey E. Stone, Mayor ATTEST: BY: Susan W. Jones, CMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR BECKER ENGINEERING P.O. Box 890365 Temecula, CA 92589-0365 (909) 731-3991 BY: Walter K. Becker, Owner 2 R"tMAIArfAINIWKORDERStCONTRACT MASTERSi2OO$-2OO41BECKER 054~4 AMEND 1.DOC APPROVAL CITY ATTORNEY ~ DIRECTOR OF FINANCE CiTY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council /y~J[J William G. Hughes, Director of Public Works June 24, 2003 SUBJECT: Public Works Fiscal Year 2003-2004 Annual Maintenance Agreements PREPARED BY: ~4 ~Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the minor annual maintenance and construction contracts for Fiscal Year 2003-2004 with: 2. 3. 4. 5. 6. 7. Becker Engineering in an amount not to exceed $100,000.00 Cajer Equipment Rental in an amount not to exceed $100,000.00 Imperial Paving Company, Inc., in an amount not to exceed $100,000.00 Monteleone Contractors, Inc., in an amount not to exceed $100,000.00 Murrieta Development Co., in an amount not to exceed $100,000.00 Rene's Commercial Management, in an amount not to exceed $100,000.00 Toran Development & Construction in an amount not to exceed $100,000.00 BACKGROUND: Each year the City enters into numerous maintenance and construction agreements with various contractors that perform minor (small job) maintenance and construction jobs. These jobs usually range in cost from over $1,000 to under $25,000 and involve miscellaneous repairs to drainage areas, sidewalks, curbs, cutters, and storm drains to include excavation. Nevertheless, each job requires an agreement between the City and the contractor. In an effort to streamline these contractual requirements, staff has taken measures to place under agreement seven (7) contractors that are very capable of performing these routine jobs with little notice. Essentially, these agreements will give staff administrative tools needed to efficiently execute minor maintenance and construction work by having executed agreements which satisfy insurance, prevailing wage requirements, terms and conditions as well as a general scope of work. This contracting technique is widely used by cities to employ a higher more responsive maintenance capability. Also, in the event of harsh weather that can impinge the safety of the City roadways, and other City maintained areas, these agreements can facilitate an expedient reaction and resolution to advise conditions without jeopardizing administrative requirements. It is.important to understand that the not to exceed $100,000.00 amount does not necessarily mean it will be spent but rather is a ceiling to operate below on an as needed basis. I r,~a gd rp62003~0624~Ann ual 03-04 Malnt Aareem~nt~ Although some jobs may be better accomplished by one contractor because of equipment availabiltiy, timing issues and job location, every effort will be made by staff to distribute the work load evenly between the these contractors. The contractor will be responsible for providing a work proposal for each job, which must be approved by staff before any work is started. Staff mailed letters to twelve (12) contractors in the local area that could meet the described minor maintenance and construction needs. The letters requested time and material pricing for both labor and equipment rates. It also included holiday and overnight rates. Seven (7) out of the twelve (12) contractors responded and provided competitive labor and equipment rates as seen in Exhibit "B" of each agreement. Review of these rates has determined they are consistent with current prevailing wages and current hourly equipment rates previously paid by the City. The contractors listed below responded to the request for time and matedal rates and are recommended for not to exceed $100,000.00 agreements for a one (1) year term. Company Walter K. Becker (dba Becker Engineering) Cajer Equipment Rental Imperial Paving Company, Inc. Monteleone Contractors, Inc. Murdeta Development Company Rene's Commercial Management Toran Development & Construction Amount not to Exceed ~efm $100,000.00 1year $100,000.00 1year $100,000.00 1Year $100,000.00 1year $100,000.00 1year $100,000.00 1year $100,000.00 1year FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2003-2004 Public Work's, Maintenance Division Operating Budget for, Drainage Facility Maintenance Account No. 001-164-601- 5401; Routine Street Maintenance Account No. 001-164-601-5402; Old Town Repair & Maintenance Account No. 001-164-603-5212; and Other Outside Services Account No. 001-164-603-5250. A'I-rACHMENT: 1. Contractor Mailing List 2. Contracts 2 r:~ag drpt~2003~O624~,nn ual 03-64 M~lnt Anr~=mnk. o 10. 11. 12. Contractor Mailing List FISCAL YEAR. 2003-2004 Becker Engineering P.O. Box 890365 Temecula, CA 92589-0365 Del Rio Enterprise 42181 Avenida Alvarado Temecula, CA 92590 Cajer Equipment Rental P.O. Box 585 Temecula, CA 92593 Imperial Paving Co., Inc. 13555 E. Imperial Highway Whittier, CA 90605 Minnesang Pest Specialists 27636 Ynez Rd., L-7, #101 Temecula, CA 92591 Monteleone Contractors, Inc. 39054 Camino Hermosa Murrieta, CA 92563 Murrieta Development 42540 Rio Nedo Temecula, CA 92590-3727 N P G Corporation (Nelson Paving & Sealing) P.O. Box 1515 Perris, CA 92575 Pacific West Construction 637 N. Emerald Dr. Vista, CA 92803 Rene's Commercial Management 1002 Luna Way San Jacinto, CA 92583 Strong's Painting 312965 Saddleback Lane Menifee, CA 92584 Toran Development & Construction 37110 Mesa Rd Temecula, CA 92592-8633 3 r:.~agdrp~2003~0624~n u~l cl~.na ~.,~,-,~. a .............. ITEM 13 TO: FROM: DATE: SUBJECT: APPROVAL ClTYATTORNEY DIRECTOROFFINANC~__~Z~ ClTY MANAGER CITY OFTEMECULA AGENDA REPORT City ManagedCity Council William G. Hughes, Director of Public Works/City Engineer October 22, 2003 Amendment No. 1 to Annual Citywide Routine Maintenance Contract PREPARED BY: ~ Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve Amendment Number 1 to the Annual Citywide Routine Maintenance Contract with Imperial Paving Company, Inc. for an amount of $100,000.00 and authorize the Mayor to execute the amendment. BACKGROUND: On June 24, 2003 the City Council approved the Annual Citywide Routine Maintenance Contract with Imperial Paving Company, Inc. to provide citywide routine maintenance and construction work throughout the City in the amount of $100,000.00. This work generally ranges in costs from over $1,000 to under $25,000 and involves miscellaneous repairs to asphalt roads and A.C. berm projects that are too large for in-house crews. Amendment No. 1 is necessary due to the A.C. repairs on Pechanga Parkway. Because of this project it is necessary to increase the amount of the annual contract to prepare for the upcoming winter months to provide for additional emergency A.C. street surface repairs. Although we also have other contractors available under contract, some of the types of services provided by others are limited and Imperial Paving Company, Inc. has been the most consistently available and responsive. The additional contractors on contract are specialized in different area's of construction and do not perform the same job tasks as Imperial Paving Company, Inc. This has resulted in their contract being exhausted sooner. The requested Amendment No. 1 to Imperial Paving Company, Inc. and the original contract for a total amount of $200,000.00. FISCAL IMPACT: Adequate funds have been budgeted in the FY2003-04 Public Works Maintenance Division, Routine Street Maintenance and Drainage Facility Maintenance for the original contract amount of $100,000.00 plus Amendment No. 1 in the amount of $100,000.00 for a total contract amount of $200,000.00. ATDACHMENT: 1. Amendment No. 1 2. Agenda Report June 24,2003 ? I R:~Agenda Reports\2003\1022\lmperial Pave Amend 1 FIRST AMENDMENT TO ANNUAL MAINTENANCE CONTRACT BETVVEEN CITY OF TEMECULA AND IMPERIAL PAVING COMPANY, INC. THIS FIRST AMENDMENT is made and entered into as of October 22, 2003 by and between the City of Temecula, a municipal corporation ("City") and Imperial Paving Company, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: entitled "City Maintenance" A. On June 24, 2003 the City and Contractor entered into that certain agreement of Temecula Agreement in the amount of $100,000.00 for Citywide Routine ("Contract"). Amendment. The parties now desire to amend the Agreement as set forth in this 2. Section 3 of the Agreement is hereby amended to read as follows: a. Contractor shall be compensated for actual work pedormed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit"A". The First Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00). The maximum amount of payment under this Agreement shall not exceed the total contract amount of Two Hundred Thousand Dollars and No Cents ($200,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R:LMAIlVTAINIWKORDERSICONTRACTMASTERSI2003_2004[iMPERiALO34~4AMEND I.DOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Imperial Paving Company, Inc. 13555 E. imperial Highway Whittier, CA 90605 (562) 523-0975 Fritz Coy, Secretary Treasure 2 TO: FROM: DATE: SUBJECT: APPROVAL ClTYATTORNEY DIRECTOR OFFINANCE~ ClTY MANAGER CITY OFTEMECULA AGENDA REPORT City Manager/City Council ,~/~ William G. Hughes, Director of Public Works June 24, 2003 Public Works Fiscal Year 2003-2004 Annual Maintenance Agreements PREPARED BY: ~ ~Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the minor annual maintenance and construction contracts for Fiscal Year 2003-2004 with: 2. 3. 4. 5. 6. 7. Becker Engineering in an amount not to exceed $100,000.00 Cajer Equipment Rental in an amount not to exceed $100,000.00 Imperial Paving Company, Inc., in an amount not to exceed $100,000.00 Monteleone Contractors, Inc., in an amount not to exceed $100,000.00 Murrieta Development Co., in an amount not to exceed $100,000.00 Rene's Commercial Management, in an amount not to exceed $100,000.00 Torah Development & Construction in an amount not to exceed $100,000.00 BACKGROUND: Each year the City enters into numerous maintenance and construction agreements with vadous contractors that perform minor (small job) maintenance and construction jobs. These jobs usually range in cost from over $1,000 to under $25,000 and involve miscellaneous repairs to drainage areas, sidewalks, curbs, cutters, and storm drains to include excavation. Nevertheless, each job requires an agreement between the City and the contractor. In an effort to streamline these contractual requirements, staff has taken measures to place under agreement seven (7) contractors that are very capable of performing these routine jobs with little notice. Essentially, these agreements will give staff administrative tools needed to efficiently execute minor maintenance and construction work by having executed agreements which satisfy insurance, prevailing wage requirements, terms and conditions as well as a general scope of work. This contracting technique is widely used by cities to employ a higher more responsive maintenance capability. Also, in the event of harsh weather that can impinge the safety of the City roadways, and other City maintained areas, these agreements can facilitate an expedient reaction and resolution to advise conditions without jeopardizing administrative requirements. It is.important to understand that the not to exceed $100,000.00 amount does not necessarily mean it will be spent but rather is a ceiling to operate below on an as needed basis. I r:~agdq)62003~0624~,nnua103-04 Maint Agreements.AGN/all~ Although some jobs may be better accomplished by one contractor because of equipment availability, timing issues and job location, every effort will be made by staff to distribute the work load evenly between the these contractors. The contractor will be responsible for providing a work proposal for each job, which must be approved by staff before any work is started. Staff mailed letters to twelve (12) contractors in the local area that could meet the described minor maintenance and construction needs. The letters requested time and material pricing for both labor and equipment rates. It also included holiday and overnight rates. Seven (7) out of the twelve (12) contractors responded and provided competitive labor and equipment rates as seen in Exhibit 'B" of each agreement. Review of these rates has determined they are consistent with current prevailing wages and current hourly equipment rates previously paid by the City. The contractors listed below responded to the request for time and material rates and are recommended for not to exceed $100,000.00 agreements for a one (1) year term. Coml3any Amount notto Exceed .Term Walter K. Becker (dba Becker Engineering) Cajer Equipment Rental Imperial Paving Company, Inc. Monteleone Contractors, Inc. Murrieta Development Company Rene's Commercial Management Toran Development & Construction $100,000.00 1year $100,000.00 1year $100,000.00 1Year $100,000.00 1year $100,000.00 1year $100,000.00 1year $100,000.00 1year FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2003-2004 Public Work's, Maintenance Division Operating Budget for;, Drainage Facility Maintenance Account No. 001-164-601- 5401; Routine Street Maintenance Account No. 001-164-601-5402; Old Town Repair & Maintenance Account No. 001-164-603-5212; and Other Outside Services Account No. 001-164-603-5250. ATTACHMENT: 1. Contractor Mailing List 2. Contracts 2 r:~agdrpt~2003~0624~,~nua103-04 Malnt A~reements.AGNlala 10. 11. 12. Contractor Mailing List FISCAL YEAR 2003-2004 Becker Engineering P.O. Box 890365 Temecula, CA 92589-0365 Del Rio Enterprise 42181 Avenida Alvarado Temecula, CA 92590 Cajer Equipment Rental P.O. Box 585 Temecula, CA 92593 Imperial Paving Co., Inc. 13555 E. Impedal Highway Whittier, CA 90605 Minnesang Pest Specialists 27636 Ynez Rd., L-7, #101 Temecula, CA 92591 Monteleone Contractors, Inc. 39054 Camino Hermosa Murrieta, CA 92563 Murrieta Development 42540 Rio Nedo Temecula, CA 92590-3727 N P G Corporation (Nelson Paving & Sealing) P.O. Box 1515 Perris, CA 92575 Pacific West Construction 637 N. Emerald Dr. Vista, CA 92803 Rene's Commercial Management 1002 Luna Way San Jacinto, CA 92583 Strong's Painting 312965 Saddleback Lane Menifee, CA 92584 Toran Development & Construction 37110 Mesa Rd Temecula, CA 92592-8633 3 r:.~agdrpt~2003~062.4~,nnua103-04 Malnt A~reem~nt~ A~.ld/=~n ITEM 14 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Manager/City Council APPROVAL ~f.~,~"-~ CITY ATTORNEY ~ II DIRECTOROFFINANCE~ Jl CITY MANAGER ~11 /~,.William G. Hughes, Director of Public Works/City Engineer October 22,2003 Linfield Christian School - Approval of Subdivision Improvement Agreement and Acceptance of Bonds for Pauba Road Improvements PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Steve Charette, Associate Engineer RECOMMENDATION: That the City Council 1) approve the Subdivision Improvement Agreement and 2) accept the Faithful Performance Bond and Labor & Materials Bond as security for the agreement. BACKGROUND: On June 20, 2002, the Director of Planning approved Planning Application No. PA02-0155, a Minor Conditional Use Permit for Linfield School, subject to certain Conditions of Approval. The project consisted of the installation of street improvements and the relocation of the school's access on Pauba Road and onsite improvements for parking, circulation, and play/ball fields located on the north side of Pauba Road east of Margarita Road. The Conditions of Approval required installation of half-width street improvements for Pauba Road including paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping. Subdivision Agreements and Surety Bonds were secured by the developer and are on file with the City Clerk of the City of Temecula as follows: Linfield Christian School 31950 Pauba Road Temecula, CA 92592 Attn: Karen Raftery, Superintendent for the improvement of streets and drainage. Accompanying the subdivision agreements were surety bonds posted by International Fidelity Insurance Company as follows: Faithful Performance Bond No. 0336663 in the amount of $192,500 for street and drainage improvements. Labor and Materials Bond No. 0336663 in the amount of $96,250 for labor and materials. The Faithful Performance Bond will be held until and upon satisfactory completion of the public improvements. The Labor and Materials Bond for the improvements will be maintained for the contractual six-month lien period following acceptance of the public improvements. 1 R:~AGENDA REPORTS~003\102203\PM13428.AgreementBonds.DOC FISCAL IMPACT: None A'i-rACHMENTS: 1. Subdivision Improvement Agreement 2. Faithful Performance Bond 3. Labor & Materials Bond 2 R:~AGENDA REPORTS~2003\102203~M 13428.AgreementBonds. DOC Recording Requested by City of Temecula When recorded mail to: City of Temecula Office of the City Clerk Post Office Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 CITY OF TEMECULA SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: NAME OF SUBDIVIDER: NAME OF SUBDIVISION: TRACT NO.: N/A December 5, 2002 Linfield Christian School (re~rredtoas"SUBDIVIDER") Linfield Christian School (referred to as "SUBDIVISION") TENTATIVE MAP RESOLUTION OF APPROVAL NO. OR PLANNING APPLICATION NO: IMPROVEMENT PLAN(S) PERMIT NO.: PA02-0155 (referred to as "Resolution of Approval") Pauba Road Improvements, LD02-O06CO ESTIMATED TOTAL COST OF IMPROVEMENTS: ESTIMATED TOTAL COST OF MONUMENTATION: COMPLETION DATE: October 15, 2002 (referred to as "Improvement Plans") $ 192,500 $ ~ NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: International Fidelity Insurance Company Bond No, 0336663 NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: International Fidelity Insurance Company Bond No. 0336663 City of Temecula Subdivision Improvement Agreement This agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this agreement as the "Subdivision Laws". A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this agreement by reference. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws and the Resolution of Approval or, (b) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER'S own expense, all the public improvement work required by CITY in connection with the proposed subdivision. SUBDIVIDER has secured this agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. Complete Improvement Plans for the construction, installation and completion of the improvements have been preparedby SUBDIVIDER and approved by the City Engineer. The Improvements Plans numbered as referenced previously in this agreement are on file in the Office of the City Engineer and are incorporated into this agreement by this reference. All references in this agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. An estimate of the cost of construction of the public improvements and performing City of Temecula Subdivision Improvement Agreement land development work in connection with the improvements according to the Improvement Plans has been made and had been approved by the City Engineer. The estimated amount is stated on Page 1 of this agreement. The basis for the estimate is attached as Exhibit "A" to this agreement. The CITY has adopted standards for the construction and installation of improvements within the CITY. The Improvement Plans have been prepared in conformance with the CITY standards in effect on the date of approval of the Resolution of Approval. Within thirty (30) days after completion of the required improvements and their acceptance by CITY, it is necessary that certain monuments and stakes as specified on the final map for the SUBDIVISION, shall be installed and, also, that street signs be placed at intersections. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. As a result, CItY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER'S failure to perform its obligations under this agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of the improvements by the time established in this agreement. CITY shall be entitled to all remedies available to it pursuant to this agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: SUBDIVIDER'S Obligations to Construct Improvements. SUBDIVIDER shall: Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. Complete by the time established in Section 20 of this agreement and at SUBDIVIDER'S own expense, all the public improvement work required on the Tentative Map and Resolution of Approval in conformance with the Improvement Plans and the CITY standards. Prevailing Wages. Pursuant to the requirements of Labor Code Section 1720, Subdivider shall pay prevailing wages for all work performed for the City of Temecula Subdivision Improvement Agreement construction, alteration, demolition, installation, or repair for the Street Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Subdivider shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans and CITY standards. Acquire and dedicate, or pay the cost of acquisition by CITY, of all right- of-way, easements and other interests in real property for construction or installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private drainage easements or authorizations to accommodate the SUBDIVISION. Install all SUBDIVISION monuments required by law within thirty (30) days after the completion and acceptance of the public improvements by the CITY. Install street name signs conforming to CITY standards. If permanent street name signs have not been installed before acceptance of the improvements by the CITY, SUBDIVIDER shall install temporary street name signs according to such conditions as the City Engineer may require. Acquisition and Dedication of Easement or Rights-of-Way. If any of the public improvement and.land development work contemplated by this agreement is to be City of Temecula Subdivision Improvement Agreement constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: The offer of dedication to CITY of appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or The dedication to, and acceptance by, the CITY of appropriate rights-of- way, easements or other interests in real property, as determined by the City Engineer, or The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with the order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. Security SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: to assure faithful performance of this agreement in regard to said improvements in an amount of 100% of the estimated cost of the improvements; and to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 50 % of the estimated cost of the improvements; and to guarantee or warranty the work done pursuant to this agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10 % of the estimated cost of the improvements; and SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of 100 % of the estimated cost of setting subdivision monuments as stated previously in this agreement. The securities required by this agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this agreement are incorporated into this agreement by this reference. If any security is replaced by R:\Agreements\LDAGMTS\MASTER\SUBDIV[SION IMPROVEMENT AG ~EEMENT.dOc\REVIgED.fiRt laD~9 City of Temecula Subdivision Improvement Agreement another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. Alterations to Improvement Plans. Any changes, alterations or additions to the improvement plans and specifications or to the improvements, not exceeding 10% of the original estimated cost of the improvement, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this agreement for 100 % of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this agreement. The SUBDIVIDER shall construct the improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. Jnspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the public improvements by CITY inspector and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determine that the work has been completed in accordance with this agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and CITY standards. SUBDIVIDER shall hear all costs of inspection and certification. Release of Securities. Subject to approval by the City Council of CITY, the securities required by this agreement shall be released as follows: R:LAgreernents\LDAGMT$\MASTER\SUBDiViSiON IMPROVEMENT AGREEMENT.doc\REVISED:08/14f2002 City of Temecula Subdivision Improvement Agreement Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less than 25 % of the total improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total improvement security given for faithful performance until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this agreement. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for who lien have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all the work and improvements by the City Council. The CITY may retain &om any security released, an amount sufficientto cover costs and reasonable expenses and fees, including reasonable attorneys' fees. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency R:\Agreements\LDAGMTS\MASTERXSUBDIVISION IMPROVEMENT AGREEMENT,dOc\REVISED:BRtl4OC~9 City of Temecula Subdivision Improvement Agreement or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. Permits. SUBDIVIDER shall, at SUBDIVIDEWS expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. Default of SUBDIVIDER. Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction of this agreement; SUBDIVIDER'S failure to timely complete construction of the improvements; SUBDIVIDER'S failure to timely cure any defect in the improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this agreement. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this agreement. The CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY damages for SUBDIVIDER'S default. shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with the improvement plans and specifications contained herein. In the event of SUBDIVIDER'S default under this agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. City of Temecula Subdivision Improvement Agreement 10. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. Failure of SUBDIVIDER to comply with the terms of this agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection c is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant to this agreement for a period of one year after final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where certain improvements are to be constructed in phases or sections, the one year warranty period shall commence after City acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S and agrees to pay the cost of such work by CITY. Should the CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the R:~,greements\LDAGMTS[MASTER\SUBDIVISION IMPROVEMENT AGREEMENT.d~3c\REVISED:08/14/2002 City of Temecula Subdivision Improvement Agreement necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this agreement. 12. Iniury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvement. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinance providing therefore, nor shall anything in this agreement commit CITY of any such apportionment. 14. SUBDIVIDER'S OBLIGATION TO WARN PUBLIC DURING 15. 16. 17. CONSTRUCTION. Until final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. Vesting of Ownership. Upon acceptance of the work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this agreement shall vest in CITY. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be mad~ by City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within thirty (30) days from the date the City Engineer certifies that the work has been finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. Indemnity/H01d Harmless. CITY or any officer or employee thereof shall not be City of Temecula Subdivision Improvement Agreement liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this agreement. SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes or action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents or employees in the performance of this agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance by the CITY of the improvements shall not constitute an assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the CITY in approving the plans or map, unless the particular improvement design .was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was · dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph. 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. City of Temecula Subdivision Improvement Agreement 19. 20. 21. 22. 23. Time of the Essence. Time is of the essence of this agreement. Time for Completion of Work/Time Extensions. SUBDIVIDER shall complete construction of the improvements required by this agreement within eighteen (18) months of this agreement. In the event good cause exists as determined by the City Engineer, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's Surety and shall not affect the validity of this agt:eement or release the Surety or Sureties on any security given for this agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonable foreseen, or by storm or inclement weather which prevent the conducting of work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. Legal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this section. No Vesti~ Performance by SUBDIVIDER of this agreement shall no! be construed to vest SUBDIVIDEWS rights with respect to any change in any zoning or building law or ordinance. Notices. All notices required or provided for under this agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: William G. Hughes, Director of Public Works/City Engineer City of Temecula 43200 Business Park Dr. Post Office Box 9033 City of Temecula Subdivision Improvement Agreement Temecula, CA 92589-9033 Notice to SUBDIVIDER: Contact Name: Karen Rafter¥, Supt. Company Name: Linfield Christian School Address: 31950 Pauba Rd., Temecula, CA 92592 Telephone No. : (909) 676-8111~ ext. 1450 24. Severabilit¥. The provisions of this agreement are severable. If any portion of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 25. .Captions The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this agreement. 26. L~iti~ation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. 27. Incorporation of Recitals. The Recitals to this agreement are hereby incorporated into the terms of this agreement. 28. Entire Agreement. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the CITY, the appropriate party shall be the City Manager. City of Temecula Subdivision Improvement Agreement IN WITNESS WHEREOF, this agreement is executed by CITY, by and through its Mayor. SUBDIVIDER* By: Name; Kenneth W. Crawford, Jr. CITY OF TEMECULA Title: Chairman of the Board Name: Mike Augustine Title: Secretary (Proper Notarization of SUBDIVIDER's signature is required and shall be attached) *Two signatures are required for corporations unless corporate documents are provided that indicate otherwise. ATTEST: RECOMMENDED~ APPROVAL: William G."Hughes Director of Public Works/City Engineer APPROVED AS TO FORM: Peter M. Thorson, City Attorney R:'~AgreementsXLDAG MT$~MASTER~SUB DiViSiON IMPROVEMENT AGR EEM ENT.dceXR gvIR[:n.na n ~ r~r~'~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County of Riverside ss. On Dec. 10, 2002 beforeme, Tracy L. Wall, Notary Public personally appeared Kenneth W. Crawford, Jr. and Mike Augustine [] personally known to me [] proved to me on the basis of satisfactory evidence _ ~:F'_'2f.~ Commission # i380745 ~ ~ Notary Public- California J ~.~ ~iverside County ] '"~" MyComm. E.~s Nov 17, ~ to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that h~,%l,~/they executed the same in h!c/h=:/their authorized capacity(ies), and that by hl;/h~r;their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W~FmY hand anct.~offi~ s/eaLq OPTIONAL Though the information be/ow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Subdivision Improvement Agreement Document Date: 12/5/02 Number of Pages: !4 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Kenneth W. Cr'awford, Jr. [] Individual ~ Corporate Officer -- Title(s): c~h~ ~ ,~m~n ~= Ph,= ~,.~-~ [] Partner-- [] Limited [] General - - [] Attorney-in-Fact ~] Trustee [] Guardian or Conservator ~ Other: Signer Is Representing: Linfield Christian School Executed in One Original Bond No. 0336663 ~. Premium: Included in Faithful Performance Bond City OF ~tvlECULA S'~DWISION LA~OR AND MATERIAL~ BOND WIi~:tiEA$, ~c City of Temeculs, State of California, and Linfield Christian School (h~reinaf~r dcsiimated a~ 'lhiu¢ipal') have en~rcd ' - · -- '- irat,II amd compile c~nain des~nated publ,,~ m~p~aruO.V_em?u,' ~_hich said sgreemem · ~ uva ~oaa Streets Drai July 18~t_h_~, 2002, an4 identified as Project Improvements / uage is hereby referred to and mad~ a part hereof; am:l ' WHEREAS, under the terms of said agr~racm, Priaeipal is requtr~ befar~ earring the performance of thc work. to file a go~xl and sufficient paym~ar b~nd with the City of Tcrn~cula, to secure ~ claims to which r~fcrcn~e is made in Title 15 (~ing with 3082) of Pat~ 4 of Division 3 of ~h¢ Civil Code of the Sta~e of C~lifomia; and International Fidelity NOW, TI'rI~ILEFORE, we the Principal and Xns.rnnce Comnan¥ Surety, art held and £~wnly bo,,r~l ttnto thc City of Tom.tala, California, and all subcontractors, laborers, m~erialn-,~a, sad other p~rsom cmploy~l in the perIormauc~ of rim aforesaid agreement and referred io in Tille 15 of the Civil C_~d¢, ia the penal sunl of Ninet Six Thousand Two Hundred Fifty and no/100 Dollars $96,250..0_0 , law~l money of thc Uaited Srat~s, for martials furnisl~l or labor th~rma of any kind, or for amounts due und~ the Uuemployrnem Insuraec-e Act with r~specl to such worl/ or labor, the Surety will pay the same in a~ amoum not exc~di~g the amount set forth. A~ a part of the obligation secured hereby and in addition to the f~c~ amount specified th~r~or, there shall bc inclua~ c~sts and reasonable expens~ ~xl fees, including r~oaable atlornay's fees, incurred by Ci~ in su~.c.~ssfully entot¢illg such o~ligagon, all to b~ ta.v~d as anti'included in any judgment rendered. Ii is h~eby expr~s~l), stip~I~m:l and Ngreed flint ~his bend sl,~ll imur~ ~0 tl~ b~nefit ofa~y an~ ~11 persom, compani,~ ~d corporariom enritl~ ~o fil~ ¢lakm ungct Ti~e 15 (~nm~nciag with Section 3092) of Parl 4 of Division 3 of the Civil Code, so as to giv~ a right ~f ~ciion ahem or their asligll$ in any Rlit brough~ upon this bond. If ~ condiUon of,his bomi h fully does ~eby waive no~ o[~y ~ ~e, Sure~y a~vc ~, on'~uly 30th__ [SEAL] [SEAL) 8UR~Y'Int ernati°nal Fidelity Insu~ce C~mpanyPENC AL* T infield Christ By: ~_.W~ar.~~__ ~f rls~an School m~) ~act Chairman of the Board Secretary APPROVED AS TO FORM: unl~ c~lx~.~ d~qzn-~ts ~l~c~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of I~ .er,= ~cle SS. On ~, before me, Date personally appeared ~acv L.Wal], Notary Public Kenneth W. Crawford, Jr. and Mike Auqustine ~.pperSonally known to me roved to me on the basis of satisfactory evidence - COMM. EXP. NOV. to be the person(s) whose name(s) ~are subscribed to the within instrument and acknowledged to me that hc/;:-,e/they executed the same in his/her/their authorized capacity(les), and that by b!c/hcr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, ,/~ my hand[and/fl~cial ~eal. Place No,ap/Seal Above ~/ ~'gnatu~e o f~t~,a~, Pub,ic OPTIONAL Though the info~ation below is not required by la~ ~ may prove valuable to pemons relying on the document and could p~vent ~audulent removal and rea~achment of this form to another document. Description of Affached Document ~tle or Type of Document: S12~!V~EiOR Lair and Materia!~ ~nd Document Date: July 30~ 2002 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer-- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here · L:. · ".-" y::.,,~,.~ · ' KNO~VALLMENBy~THF~,EPRF~ENTS Tha INTERNATi0N L D ~ · ' ~ laws o . ...... ...... .A :FI= ELITY !NSURANCIil COMPANY~ ~ ~o oration or aniZed and exist ~ f the S~ate ~f N~ lcr~cy, a~d ~}~mg its ~naclpa] offic? m thc City of Newark;~New Jersey, do~ herelil~ consilt~t~ andlP~ppoint g irtg · ILos Angeles, CA. ~.~x~e.cuJ~k}.n of sUChandimtrument(S)ampty, to allin mten sPUrsuanCeand ff these [{resentsf shall be as binding upon the sa d INTERN~NAL FIDELITY I DJ'his Power of Attorney is executed, and may be revoked, pursuant to and by authority of Arlicle 3 Sec t n 3, ~ f the B -Laws ado ted b Board of ~rectors of INTERNATIONAL FIDELITy INSURANCE COMPANY a a mee hag called and he ~ on the 7th day of~chrua~, ~d74. y the The Presidenl or any Vice Presidenl. Executive Vice President, Secretary or Assistant Secreta~g, ~all have power and authorhy (1) To appoint Attorneys-in-fact. and to authorize them to execute on behalf of the Company and a tach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other wfi ings obliga ory in the nature thereof and, (2) To remove, at any time, any such altomey-ln-fact and revoke the authority given. Further this Power of Attorney is signed and sealed by facslnlile pursuant to resolulion of the Board of Directors of said Company adopted at a meeting du y cai ed and held on the 29th day of April, 1982 of which the following i.s a line excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any ,such m~wer of attome or an ce thcs - bond or underlakmg to which It is attached g p mpany in t~e future w~th respect to any IN TESTIMONY WHEREOF, INTERNATIONAL IqDELITy INSURANCE COMPANY has caused this instrument to be signed and ils corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998. LNTERNATIONAL FIDEL~y ~~ before me came thc individual who e Executed in One Original Bond No. 0336663 Premium: $3,850.00 (Annual) $UBDI~oN FAitu~LI~FORM~C~BOND WHF. REA$, ~e City of Temecula, S~e of CM~fo~, ~~chool a~ ..... ~ ~' ~ he~y refe~ to ~ac a p~ acr~t; ~d W~, gr~cip~ is r~u~ ~der ~e ~ of~ ~m to ~h a~d for · e F~ P~om~ of ~e ~t: NOW, ~~ we~ ~i~ a~d International Fideilty Insurance 199 50~ mm ~"~,~reo Ninety Two Thousa~ ~ ~v~lly. ~e con~tion of ~is obHga~on is ~eh ~t ~e obtiga~n sh~ ~me ~1 ~ void if~ a~v~bo~d~ ~imcipal, his or i~ h~irs, eX~utora, all ~i~s ~ to, ab~ by, w~l ~ ~y k~, prov~ions ia ~ ~m~t ~d ~y a]t~a~on ~e~f ~de P~. ~o be kept a~ perfO~cd a~ ~c time ~ in the m~er · ~s or che~ ~c ~m ~d mc~g, and sh~l i~ a~ ~vc h~css ~e Ci~ of T~c~h. i~ o~cets, age~L ~ e~loy~, aa ~ete~ s~p~; o~ae, ~ oblisa6on sh~l bc ~ ~aia in ~11 ~rcc ~ · ercfo~, ~ert ~1 ~ i~lud~ ~ and zc~o~blc ~ ~ f~s. i~ r~le ~d includ~ ~n any J~nt ~c Surety hereby s~ipulates ~d agrees ~at no ~n~, ex~ion of :~c, ~Oa or CI~ ~! Subd~zJ~ J~M~ht~l P~f~*ormlnc~ P~e2 addition ~o ~he tenm of ~he agre~m~ or to lhe work Io be ~r~ ~er ~ ~ s~flo~ ~uy~ ~ s~e ~all ~ ~ way a~c~ i~ ob~g~o~ on ~ ~. ~ k d~ he,by w~ve no~ of uy su~ ~e. extemlon of time. ~g~ or ~on to ~e t~ of ~e ~ or ;o ~e wor~ or ~ ~ ~i~o~. IN WI~ ~n~OF. ~ ~c ~ ~n d~y ~ by ~ ~ ~ Surc~ a~ve ~m~, Off July .3~th _, ~p2 , [SEAL} [SEAL] International Fidelity SURETY Insurance Company By: ~ Mark E. S~re( ~ngast (rirl~ PRiN~...jLi. n fieId Christian School (~/arnekenneth~. C~ford, Jr. ~Chairman of the Board ~r~/e) .... Mike Augustine Secretary APPROVED AS TO FORM: 'Two sighs. Ires ~'e required for corl~ra~ogs ugJesi corporate documen~ ar~ provided ~t Ludica~e oOterwise. Peter M. Thorson, CiO, Atrorfl~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On .h,.ly 30. 2002 , before me, Julie M. Ormondroyd, Notary Public, personally appeared Mark E. Shreckengast COMM. VP1302326 ~ ' e~eeeeellllllllllllllllJ Place Notary Seal Above 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 insU'ument the .person, or the entity upon behalf of which the person acted, executed the mstrument. WITNESS my hand and official seal. Optional Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaUachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages. Capacity(les) Claimed by Signer Signer's Name: __Individual __Corporate Officer - Title(s): __Partner-__Limited__General X Attorney-in-Fact __Trustee __Guardian __Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside } ss. On ~ 2002___, before me, Oate personally appeared Tracy L. Wall, Notary Public Kenneth W. Crawfordr Jr. and Mike Auqustine '~personally known to me [] proved to me on the basis of satisfactory evidence ~,~,,,.~.~ TRACY L. WALL ~-.?~ ~:~ COMM. #1202171 O~NOTARY PUBLIC,CALIFORNIA ~J ~ ~ ~lll~/ RIVERSIDE COUNTY - COMM, EXP. NOV, 17' '2~02 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that h.e~Jhe/they executed the same in his/her/their authorized capacity(ies), and that by h!:/hcr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~ my hand ~~s,~_~ Place Notary Seal Above Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fiaudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Subdivision Faithfu/ Perfo~m~ance Bond Document Date: Ju'ly 30, 2002 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner--[] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: ITEM 15 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY DIRECTOR OF FINANCEV_.,~ CiTY MANAGER City Manager/City Council ('v~Nilliam G. Director of Public Works/City Engineer Hughes, October 22, 2003 Acceptance of an Irrevocable Offer of Dedication of Grant of Sewer Easement within Lots 4 and 5 of Tract Map No. 23143-F in the Crowne Hill Subdivision PREPARED BY: Ronald J. Parks, Deputy Director of Public Works ~e,.~teve Charette, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF SEWER EASEMENT WITHIN LOTS 4 AND 5 OF TRACT MAP NO. 23143-F BACKGROUND: On July 24, 2001, Tract Map No. 23143-F was approved by the City Council. Since then, the site has been graded and improvements constructed to include a sewer service lateral within Lots 4 and 5 for the park site restroom located within Lot 104. The sewer service lateral necessitates the dedication of an easement for the purposes of the sewer service construction outside the public right of way. FISCAL IMPACT: None ATrACHMENTS: 1. Resolution No. 2003- 2. Irrevocable Offer of Dedication of Grant of Sewer Easement with Exhibit "A" and "B" made parts thereof. R:~AGENDA REPORTS~2003\102203\TM 23143-F, Lot 4 accept sewer easement. DOC 1 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF SEWER EASEMENT WITHIN LOTS 4 AND 5 OF TRACT MAP NO. 23143-F THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: Tract Map No. 23143-F was graded and improvements constructed to include a sewer service lateral within Lots 4 and 5 for the park site restroom located within Lot 104; The owners of Tract Map No. 23143-F, Lenone Inc., A Virginia Corporation, are hereby submitting an irrevocable offer of dedication of grant of storm drain easement; C. Acceptance of the easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the irrevocable offer of dedication of grant of storm drain easement by Lenone Inc., A Virginia Corporation Home as described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the irrevocable offer of dedication of grant of storm drain easement by Lenone Inc., A Virginia Corporation. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk R:~AGENDA REPORTS~2003\102203\TM 23143-F, Lot 4 accept sewer easement. DOC 2 (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October, 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:~AGENDA REPORTS~2003\102203\TM 23143-F, Lot 4 accept sewer easement. DOC 3 WHEN RECORDED MAIL TO: City of Temecula MAIL TAX STATEMENTS TO: City Clerk City of Temecula P.O. BOX 9033 Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ ........................................ Compu~d on the consideration or value of property conveyed: OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax SEWER EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LenOne, Inc., a Virginia Corporation hereby GRANT(S) to the CITY OF TEMECULA, a municipal corporation, an easement for sewer purposes over the real property in the City of Temecula, County of Riverside, State of California, described as follows: See Exhibit "A" attached hereto for description. See Exhibit "B" attached hereto for plat. Dated ~'~x~.k~.,, ~ ,200~ STATE OF ~ } ss. COIJNTY OF tt:I--~dEqt-St]~ ~w ~' ~_,:, } On ~ ~ k ,2~fore me, personal~ ap~ ~ ~ ~ ~. LenOne, Inc., a Virginia Corporation. 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(les), 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 ~ (This area for official notarial seal.) MAIl, TAX STATEMENTS AS DIRECTED ABOVE. R:krlMEl~EZCk~ewer Easement Deed,doc CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated for a SEWER EASEMENT granted by , the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Government Code Section 27281. Said easement was accepted on . The GRANTEE consents to the recordation thereof by its duly authorized officer. CITY CLERK'S OFFICE: Date: Attest: Susan W. Jones, CMC, City Clerk RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A' June 3, 2002 JN 15100245-M16 Page 1 of 1 Tract No. 23143 SEWER EASEMENT That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 4 and 5 of Tract No. 23143 filed in Book 314, Pages 25 through 38 of Maps in the Office of the County Recorder of said Riverside County, included within a strip of land 30.00 feet wide, the southerly line of which is described as follows: BEGINNING at a point in the easterly line of said Lot 5 distant thereon South 15°13'21" East 9.17 feet from the most northeasterly comer of said lot; thence South 74°46'39" West 10.88 feet to a point on a curve in the westerly line of said lot concave westerly and having a radius of 48.00 feet, a radial line of said curve from said point bears South 85047'40.' West. Said strip of land shall be lengthened or shortened so as to terminate easterly in the easterly line of said Lots 4 and 5 and westerly in said curve in the westerly line of said lots. CONTAINING: 335 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by.direction. t~t~ff~ymond L. Mathe, P.L.S. 6185 My license expires 3/31/06. H:~DATA\I 5100245\OFFICE\WPWIN~451gI016.wpd N49°03'43'E SAGE COURT/ EXHIBIT SEWER EASEMENT 0 50 100 150 GRAPHIC SCALE N.E. COR. LOT 5 P.O.B,. DATA TABLE BRNG/DELTA RAD I US LENGTH S15'13'21"E -- 9.17' S74°46'39"W -- 10.88' 36°43'57" 48.00' 30.77' N74'46'39"E -- 14.75' N15°13'21"W -- 20.83' SHEET i DF I SHEET 0 0 N c~U LTING 27555 YNEZ ROAD, SUITE 40O SCALE JDB ND. dUNE 3, 2002 1"=50' 15100245-M16 ITEM 16 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINAN* CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Director of Public Works/City Engineer October 22, 2003 Acceptance of Irrevocable Offers of Dedication of Grant of Storm Drain Easements within Various Tract Phases of the Crowne Hill Subdivision (Tract Map No. 23143) PREPARED BY: Ronald J. Parks, Deputy Director of Public Works lt..Steve Charette, Associate Engineer RECOMMENDATION: 1. That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOTS 85, 86, 115 OF TRACT MAP NO. 23143-6 2. That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOTS 54, 55, 56, 57, 58 and 106 OF TRACT MAP NO. 23143-8 That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN 1 R:~AGENDA REPORTS~2003\102203\Crowne Hill - accept drainage easements. DOC EASEMENT WITHIN LOT 106 OF TRACT MAP NO. 23143-8 That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 104 OF TRACT MAP NO. 23143 -9 That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 134 OF TRACT MAP NO. 23143 -9 That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 44 OF TRACT MAP NO. 23143-10 That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 104 OF TRACT MAP NO. 23143-11 That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN 2 R:~AGENDA REPORTS~003\102203\Crowne Hill - accept drainage easements. DOC EASEMENT WITHIN LOTS 4 AND 5 OF TRACT MAP NO. 23143-F 9. That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 103 OF TRACT MAP NO. 23143-F TRACT MAP NO. 23143-6 (LOTS 85, 86, AND 115) BACKGROUND: On July 24, 2001, Tract Map No. 23143-6 was approved by the City Council. Since then, the site has been graded and storm drain facilities have been constructed. In particular, two 36-inch public storm drains discharge into a water quality mitigation basin located at Lots 85, 86 and 115. A 42-inch public storm drain acts as an outflow for the same basin and connects into an existing 42-inch storm drain. The basin itself is maintained by the homeowners association and serves as a first flush system. A storm drain easement is required for the portion of the public storm drain system. TRACT MAP NO. 23143-8 (LOTS 54, 55, 56, 57, 58, AND 106) BACKGROUND: On July 24, 2001, Tract Map No. 23143-8 was approved by the City Council. Since then, the site has been graded and storm drain facilities have been constructed. In particular, two 30-inch public storm drains discharge into a water quality mitigation basin located at Lots 54, 55, 56, 57, 58, and 106. A 48-inch public storm drain acts as an outflow for the same basin and connects into an existing 48-inch storm drain. The basin itself is maintained by the homeowners association and serves as a first flush system. A storm drain easement is required for the portion of the public storm drain system outside of the public right of way within Lots 54, 55, 56, 57, 58, and 106. TRACT MAP NO. 23143-8 (LOT 106) BACKGROUND: On July 24, 2001, Tract Map No. 23143-8 was approved by the City Council. Since then, the site has been graded and storm drain facilities have been constructed. In particular, a 42-inch public storm drain acts as an outflow for a water quality mitigation basin located at Lots 85, 86 and 115 of Tract 23143-6. The basin is maintained by the homeowners association and serves as a first flush system. The 42-inch outflow storm drain connects into an existing 42-inch storm drain. Twelve feet of additional storm drain easement is required within Lot 106 of Tract 23143-8 to accommodate access and maintenance of the 42-inch outflow pipe. TRACT MAP NO. 23143-9 (LOT 104) BACKGROUND: On July 24, 2001, Tract Map No. 23143-9 was approved by the City Council. Since then, the site has been graded and storm drain facilities have been constructed. Public Improvement requirements for the development of Tract 23143-9 necessitate the dedication of an easement for the purposes of storm drain construction. The drainage easement is to facilitate a sidewalk underdrain at the end of Sparks Court cul-de-sac to convey 3 R:~AGENDA REPORTS~003\102203\Crowne Hill - accept drainage easements. DOC street flow into an existing drainage course within Lot 104, more specifically described in the attached Exhibits "A" and "B". TRACT MAP NO. 23143-9 (LOT 134) BACKGROUND: On July 24, 2001, Tract Map No. 23143-9 was approved by the City Council. Since then, the site has been graded and storm drain facilities have been constructed. Public Improvement requirements for the development of Tract 23143-9 necessitate the dedication of an easement for the purposes of storm drain construction. The drainage easement is to facilitate a 24-inch storm drain from Royal Crest Drive to convey flow into an existing drainage course within park site Lot 134, more specifically described in the attached Exhibits "A" and "B". TRACT MAP NO. 23143-10 (LOT 44) BACKGROUND: On July 24, 2001, Tract Map No. 23143-10 was approved by the City Council. Since then, the site has been graded and storm drain facilities have been constructed. Public Improvement requirements for the development of Tract 23143-10 necessitate the dedication of an easement for the purposes of storm drain construction. In particular, the drainage easement will facilitate the installation of a proposed storm drain pipe within Lot 44. A storm drain easement is required for the storm drain system outside the public right of way within Lot 44. TRACT MAP NO. 23143-11 (LOT 104) BACKGROUND: On July 24, 2001, Tract Map No. 23143-11 was approved by the City Council. Since then, the site has been graded and storm drain facilities have been constructed. Public Improvement requirements for the development of Tract 23143-11 necessitate the dedication of an easement for the purposes of storm drain construction. In particular, the drainage easement will facilitate the installation of a 24-inch storm drain pipe extension under Pauba Road with an inlet within Lot 104. A storm drain easement is required for the storm drain system outside the public right of way within Lot 104. TRACT MAP NO. 23143-F (LOTS 4 AND 5) BACKGROUND: On July 24, 2001, Tract Map No. 23143-F was approved by the City Council. Since then, the site has been graded and storm drain facilities have been constructed. Public Improvement requirements for the development of Tract 23143-F necessitate the dedication of an easement for the purposes of storm drain construction. In particular, the drainage easement will facilitate the installation of an 18-inch storm drain pipe within Lots 4 and 5. A storm drain easement is required for the portion of the storm drain system outside of the public right of way within Lots 4 and 5. TRACT MAP NO. 23143-F (LOT 103) BACKGROUND: On July 24, 2001, Tract Map No. 23143-F was approved by the City Council. Since then, the site has been graded and storm drain facilities have been constructed. In particular, an 18-inch storm drain and a 36-inch storm drain discharge from Sage Court into a water quality mitigation basin located at Lot 103. A 30-inch storm drain acts as an outflow for the same basin and connects into an existing storm drain system in Pauba Road. The basin is maintained by the homeowners association and serves as a first flush system. A storm drain 4 R:~AGENDA REPORTS~003\102203\Crowne Hi[[ - accept drainage easements. DOC easement is required for the portion of the public storm drain system outside of the public right of way within Lots 103. FISCAL IMPACT: None ATrACHMENTS: Resolution No. 2003- for Tract 23143-6 - Lots 85, 86, 115 Irrevocable Offer of Dedication of Grant of Storm Drain Easement with Exhibit "A" and "B" made pads thereof for Tract 23143-6 - Lots 85, 86, 115. Resolution No. 2003-__ for Tract 23143-8 - Lots 54, 55, 56, 57, 58, and 106 irrevocable Offer of Dedication of Grant of Storm Drain Easement with Exhibit "A" and "B" made pads thereof for Tract 23143-8 - Lots 54, 55, 56, 57, 58, and 106. Resolution No. 2003- for Tract 23143-8 - Lot 106 Irrevocable Offer of Dedication of Grant of Storm Drain Easement with Exhibit "A" and "B" made parts thereof for Tract 23143-8 - Lot 106. Resolution No. 2003- for Tract 23143-9 - Lot 104 Irrevocable Offer of Dedication of Grant of Storm Drain Easement with Exhibit "A" and "B" made parts thereof for Tract 23143-9 - Lot 104. Resolution No. 2003- for Tract 23143-9 - Lot 134 Irrevocable Offer of Dedication of Grant of Storm Drain Easement with Exhibit "A" and "B" made pads thereof for Tract 23143-9 Lots 134. Resolution No. 2003- for Tract 23143-10 - Lot 44 Irrevocable Offer of Dedication of Grant of Storm Drain Easement with Exhibit "A" and "B" made pads thereof for Tract 23143-10 Lot 44. Resolution No. 2003- for Tract 23143-11 - Lot 104 Irrevocable Offer of Dedication of Grant of Storm Drain Easement with Exhibit "A" and "B" made parts thereof for Tract 23143-11 Lot 104. Resolution No. 2003- for Tract 23143-F - Lots 4 and 5 Irrevocable Offer of Dedication of Grant of Storm Drain Easement with Exhibit "A" and "B" made pads thereof for Tract 23143-F Lots 4 arid 5. Resolution No. 2003- for Tract 23143-F - Lot 103 Irrevocable Offer of Dedication of Grant of Storm Drain Easement with Exhibit "A" and "B" made parts thereof for Tract 23143-F Lot 103. 5 R:~AGENDA REPORTS~2003\102203\Crowne Hill - accept drainage easements,DOC RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOTS 85, 86, 115 OF TRACT MAP NO. 23143-6 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: Tract Map No. 23143-6 was graded to include a private water quality mitigation basin from which a public storm drain conveys flows to an existing storm drain system; The owners of Tract Map No. 23143-6, Lenone Inc., A Virginia Corporation, are hereby submitting an irrevocable offer of dedication of grant of storm drain easement; C. Acceptance of the easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the irrevocable offer of dedication of grant of storm drain easement by Lenone Inc., A Virginia Corporation Home as described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the irrevocable offer of dedication of grant of storm drain easement by Lenone Inc., A Virginia Corporation. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk 6 R:~AGENDA REPORTS~003\102203\Crowne Hill - accept drainage easements,DOC (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October, 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:~AGENDA REPORTS~003\102203\Crowne Hill - accept drainage easements. DOC RECORDING REQUESTED BY: City of Temecula, California AFTER RECORDING MAIL TO: City Clerk City of Temecula P.O. BOX 9033 Temecula, CA 92589-9033 ABOVE SPACE FOR RECORDER'S USE STORM DRAINAGE EASEMENT THIS DOCUMENT IS RECORDED AS A BENEFIT TO THE CITY OF TEMECULA AND IS EXEMPT FROM RECORDING FEE PURSUANT TO SECTION 6103 OF CALIFORNIA GOVERNMENT CODE. ASSESSOR PARCEL NO. 952-583-003,004,008 PROJECT NO. Tract No. 23143-6 LENONE, INC., a Virginia Corporation, hereinafter designated GRANTOR, represent that they are the owners of the hereinafter described real property, and for a valuable consideration, receipt of which Ps hereby acknowledged, do hereby grant, bargain, convey and release unto the City of Temecula, a municipal corporation, in the County of Riverside, State of California, hereinafter designated GRANTEE, its successors and assigns, a perpetual STORM DRAINAGE EASEMENT and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a storm drainage system including any and all structures and appurtances incidental thereto designed to convey storm water runoff through the property of the GRANTOR, together with the right to have and hold said easement and right-of-way unto itself and unto its successors and assigns forever and to convey said easement, or any portion thereof, to other public agencies. The real property referred to herein above and made subject to said easement by this grant is situated in the City of Temecula, State of California, and is more particularly described as follows: (See exhibits "A" & "B" attached and incorporated herein by this reference as set forth in full) The GRANTOR shall not construct buildings or structures, install trees or bushes, or otherwise obstruct in any fashion whatsoever the use of said easement and right-of-way by the GRANTEE, its successors or assigns without the express written consent of the GRANTEE as demonstrated by issuance of an Encroachment Permit issued by the GRANTEE. The GRANTEE shall have the right but not the obligation to remove any buildings, structures, trees bushes or other obstruction that interfere with the right of the GRANTEE to use said easement and right-of-way. The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in good repair the above described works and shall have a right-of-entry upon the property of the GRANTOR for the purposes of inspecting, operating, maintaining, and keeping in good repair the above described works of improvement. H:~PDATA\15100245\O FFICE\WPWIN\2451oI(}O2A wod There is reserved to the GRANTOR, their successors and assigns, the right and privilege to use the above described land of the GRANTOR at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the GRANTEE, its successors and assigns, of the rights and privileges herein granted. The GRANTOR for themselves, their successors and assigns, hereby waives any claim for any and all damages to GRANTOR'S remaining property contiguous to the easement hereby conveyed by reason of the location, design, construction or maintenance of said drainage facilities or said easement. WITNESS WHEREOF, the GRANTOR has executed this instrument this ,2002. day of GRANTOR: By: (sign here) (Print) (title) LENONE, INC., A VIRGINIA CORPORATION By: ,~"~Ut ~Jr't/'YA ~ (sign here) (Print) (title) NOTARY CERTIFICATE COUNTY OF HENRICO } COMMONWEALTH OF VIRGINIA } ss. On this ~ k day of ,~'-~,~ ,200~ ~0"~.~ ~c,<~x~e~c~rc_ ~ ~oL~5 personally appe~ed before me~d ac~owledged he/she executed ~e foregoing instrument. Print N~¢~ ,/C~ My eo~ission expires that (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) H:~PDATA~15100245\OFFICE\WPWIN~451a[002A wnd CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated ,2002, for a STORM DRAINAGE EASEMENT granted by Lenone, Inc., a Virqinia Corporation, to the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Government Code Section 27281. Said easement was accepted on ,2002. The GRANTEE consents to the recordation thereof by its duly authorized officer. CITY CLERK'S OFFICE: Date: ,2002. Attest: Susan W. Jones, CMC, City Clerk H:~PDATAt15100245\0 FFIC E\WPWIN~451a1002A wad RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" Revised August 16, 2002 November 5, 2001 JN 15100245-M2 Page 1 of 2 Tract No. 23143-6 STORM DRAINAGE EASEMENT That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 85, 86 and 115 of Tract No. 23143-6 filed in Book 313, Pages 58 through 70 of Maps in the Office of the County Recorder of said Riverside County, described as a whole follows: BEGINNING at the northeasterly comer of said Lot 85, the northerly line of said lot having a beating of North 71°44'52" West; thence South 87°00'51'' West 24.85 feet; thence North 89o03'43'' West 49.84 feet to the beginning of a tangent curve concave southeasterly and having a radius of 2.00 feet; thence along said curve southwesterly 2.21 feet through a central angle of63°10'32"; thence tangent from said curve South 27045'45'' West 22.37 feet; thence South 22°06'12'' West 34.15 feet; thence North 83°35'38" West 71.16 feet to the northwesterly line of said Lot 115; thence along said northwesterly line South 39°25'56" West 36.51 feet to the non-tangent intersection with a curve in the northeasterly right-of-way line of Butterfield Stage Road (110.00 feet wide) concave northeasterly and having a radius of 1145.00 feet, a radial line of said curve from said point bears North 39o25'56'' East; thence along said curve and right-of-way line southeasterly 21.85 feet through a central angle of 01o05'36,,; thence non-tangent from said curve North 35°49'08" East 14.17 feet; thence South 83035'38'' East 69.99 feet; .?. Tract No. 24143-6 Storm Drainage Easement Revised August 16, 2002 JN 15100245-M2 Page 2 of 2 thence South 69034'38'' East 21.14 feet; thence North 89o49'27" East 105.22 feet to a point on a non-tangent curve in the right-of-way line of Fox Road concave northeasterly and having a radius of 70.00 feet, a radial line of said curve from said point bears North 31 °34'12" East; thence along said curve and right-of-way line northwesterly 51.38 feet through a central angle of 42°03'21 "; thence non-tangent from said curve South 89°49'27" West 83.75 feet; thence North 22°06'12" East 27.11 feet; thence North 27°45'45" East 15.73 feet to the beginning of a tangent curve concave southeasterly and having a radius of 2.00 feet; thence along said curve northeasterly 2.21 feet through a central angle of 63°10'32"; thence tangent from said curve South 89o03'43" East 42.17 feet; thence South 71044'52" East 21.65 feet to a point on a non-tangent curve in said right-of-way line of Fox Road concave easterly and having a radius of 70.00 feet, a radial line of said curve from said point bears South 79°35'48" East; thence along said curve and right-of-way line northerly 19.06 feet through a central angle of 15o35'59" to the POINT OF BEGINNING. CONTAINING: 8120 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereofi This description was prepared by me or under my direction. Lawrence L. Bacon, P.L.S. 3527 /, -?,' At`c[: ~-~,~ My license expires 6/30/04. l{ 25 I..S. 3527 H:~PDATA\i 5100245\OFFICE\WPWlN~451gI002.wpd ~ EXp. §-30-200/~. 0 60 120 180 GRAPHIC SCALE TRACT NO. 23143-8 MB 313/81-91 80 TRACT NO. 23143-6 MB 313/58-70 ~1' 84 P.O.B. 86 o.,O/ ~ z'~9 87 DATA TABLE ~ v,~,~) . ~ ................................... ~ <o~ DATA TABLE N~ BRNG/DELTA RADIUS LENGTH ~?~ .............. ..................................... (NO) BRNG/DELTA RADIUS LENGTH 1 S87°00'51"W -- 24.85' ~ ................................... 2 N89'03 ' 43"W -- 49.84' 15 42°03'21" 70.00' 51.38' 3 63° 10'32'' 2.00' 2.21' 16 S89° 49 ' 27"W -- 83.75' 4 S27°45' 45"W -- 22.37' 17 N22'06' 12"E -- 27.11 ' 5 S22°06' 12"W -- 34.15' 18 N27' 45'45"E -- 15.73' 6 N83°35'38"W -- 83.18' 19 63° 10'32" 2.00' 2.21 ' 7 S35'49'08"W -- 29.98' 20 S89°03'43"E -- 42.17' 8 00'24'37" 1145.00' 8.20' 21 S71'44'52"E -- 21.65' 9 01'05'36" 1145.00' 21.85' 22 15'35'59" 70.00' 19.06' 10 N35'49 '08"E -- 14.17' 23 28°52'51'' 70.00' 35.28' 11 S83°35'38"E -- 69.99' 24 N83° 35'38"W -- 71 . 16' 12 S69'34'38"E -- 21.14' 25 N39°25'56"E -- 36,51 ' 13 N89'49'27"E -- 105.22' 14 10°55'24'' 70.00' 13.35' SHEET 1 OF 1 SHEET EXHIBIT 'B" STORM DRAINAGE ~ EASEMENT CDNSULTING 27555 YNEZ ROAD, SUrTE 400 TEMECULA, CALIFORNIA 92591-4679 909.676.8042 · FAX 909.676.7240 · www. RBF. com NOVEMBER 5, 2001 1"=60' 15100245-M2 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOTS 54, 55, 56, 57, 58, AND 106 OF TRACT MAP NO. 23143-8 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: Tract Map No. 23143-8 was graded to include a private water quality mitigation basin from which a public storm drain conveys flows to an existing storm drain system; The owners of Tract Map No. 23143-8, PCClll-Crowne Hill 100, LLC, a Delaware limited liability company, are hereby submitting an irrevocable offer of dedication of grant of storm drain easement; Acceptance of the easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the irrevocable offer of dedication of grant of storm drain easement by PCCllI-Crowne Hill 100, LLC, a Delaware limited liability company as described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the irrevocable offer of dedication of grant of storm drain easement by PCCllI-Crowne Hill 100, LLC, a Delaware limited liability company. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk 8 R:~AGENDA REPORTS~2003\102203\Crowne Hill - accept drainage easements,DOC (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October, 2003 by the following vote: AYES: 0 COUNClLMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 9 R:~AGENDA REPORTS~2003\102203\Crowne Hill - accept drainage easements. DOC RECORDING REQUESTED BY: City of Temecula, California AFTER RECORDING MAIL TO: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 ABOVE SPACE FOR RECORDER'S USE STORM DRAIN EASEMENT THIS DOCUMENT IS RECORDED AS A BENEFIT TO THE CITY OF TEMECULA AND IS EXEMPT FROM RECORDING FEE PURSUANT TO SECTION 6103 OF CALIFORNIA GOVERNMENT CODE. ASSESSOR'S PARCEL NO. 952-030-020 PROJECT NO. Tract No. 23143-8 PCCIlI-Crowne Hill 100, LLC, a Delaware limited liability company, hereinafter designated GRANTOR, represent that they are the owner of the hereinafter described real property, and for a valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain, convey and release unto the City of Temecula, a municipal corporation, in the County of Riverside, State of California, hereinafter designated GRANTEE, its successors and assigns, a perpetual STORM DRAIN EASEMENT and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a drainage system including any and all structures and appurtenances incidental thereto designed to convey stormwater runoff through the property of the GRANTOR, together with the right to have and hold said easement and right-of-way unto itself and unto its successors and assigns forever and to convey said easement, or any portion thereof, to other public agencies. The real property referred to hereinabove and made subject to said easement by this grant is situated in the City of Temecula, State of California, and is more particularly described as follows: (See Exhibits - "A" & "B" attached and incorporated herein by this reference as set forth in full) The GRANTOR shall not construct buildings or structures, install trees or bushes, or otherwise obstruct in any fashion whatsoever the use of said easement and right-of-way by the GRANTEE, its successors or assigns without the express written consent of the GRANTEE as demonstrated by issuance of an Encroachment Permit issued by the GRANTEE. The GRANTEE shall have the right but not the obligation to remove any buildings, structures, trees bushes or other obstruction that interfere with the right of the GRANTEE to use said easement and ri~ht-of-way. The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in good repair the above described works and shall have a right-of-entry upon the property of the GRANTORS for the purposes of inspecting, operating, maintaining, and keeping in good repair the above described works of improvement. There is reserved to the GRANTOR, their successors and assigns, the right and privilege to use the above described land of the GRANTOR at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the GRANTEE, its successors and assigns, of the rights and privileges herein granted. The GRANTOR for themselves, their successors and assigns, hereby waives any claim for any and all damages to GRANTOR'S remaining properly contiguous to the easement hereby conveyed by reason of the location, design, construction or maintenance of said drainage facilities or said easement. WITNESS WHEREOF, the GRANTOR has executed this instrument this ._~ day of ~i ~ ;~, 20_~.~_. GRANTOR: PCCIII-Crowne Hill 100, LLC, a Delaware limited liability company By: Greyston~s, INC., A Delaware Corporation, it~ Manager By: ~ By: ~' (~f~hyre) (sign here) "-- (print name here) (p~t,n~:~ her. (title of signatory) (title of signatory) (All OWNERS must sign) (Proper notarial acknowledgment of execution by OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (Attach appropriate Subordination Agreements as applicable) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ./~/'~//.~///,.~ SS. On//~Z/~ ,-~L_.L'~ ~', before me,, personally appeared Notary Public") ,~"'rne ( s ) of Signer[s) ,~personally known to me [] proved to me on the basis of satisfactory evidence to be the persop~)~whose name~,)'~/are subscribed to the within instrument and acknowledged to me that he/~hj~/~ecuted the same ...,in his/her/th, et? authorized capacity(i,,~,~ and that by his/h~-'?~e~~- signature~'~ the instrument the person(~'T'~r the entity upon behalf of which the person~,.~ acted, executed the instrument. Place NoIaw Seal Above .T~SS my hand ~:f o/~icial seal. '-'7 - S~natur~'-of N~l'~Public Though the information below is not required ~ and could prevent fraudulent removal and t Description of Attached Document Title or Type of Document: persons relying on the document to another document. Document Date: Number of Pages: Signer(s) Other Than Capacity(les) Clai~ by Signer Signer's Name: [] Individual [] Title(s): [] Limited [] General [] Fact 2,onservator Other: Signer Is Representing: Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside } ss. personally appeared be~re me, Julie Chrisman, Notary Public John Baayoun Name{s) of Signer(s) ~ personally known to me [] proved to me on the basis of satisfactory evidence to be the person(~) whose name~) is/~'r,e subscribed to the within instrument and acknowledged to me that he/s/3b/t~,~~ executed the same in h is/h,~fl, ff/~,ir authorized capacitYO'~fs), and that by his/l'/~'r/t)~)l- signature~'~ on the instrument the person(g}', Or the entity upon behalf of which the person(C) acted, executed the instrument. WITNESS my h, apdpnd official seal. 0 NAL Though the information be/ow is not required by/aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and rea#achment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual / [] Corporate Officer -- Title(s),~.-/ [] Partner--[] Limited~G-eneral [] Attorney in Fact/ [] Trustee ~ [] Guardia.~-6r Conservator .~/1. Signer Is Representing: Numbe~et~ges: CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated for a STORM DRAIN EASEMENT granted by PCCIII-Cmwne Hill 100, LLC, a Delaware limited liability company to the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Government Code Section 27281. Said easement was accepted on · The GRANTEE consents to the recordation thereof by its duly authorized officer. CITY CLERK'S OFFICE: Date: Attest: Susan W. Jones, CMC, City Clerk RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" L_ggal Descr~ Tract No. 23143-8 STORM DRAINAGE EASEMENT Revised May 22, 2002 November 7, 2001 JN 15100245-M3 Page 1 of 2 That certain parcel of land situated in the City of Temecula, County of Riverside, State o fCalifomia, being those portions of Lots 54 through 58 and 106 of Tract No. 23143-8 filed in Book 313, Pages 81 through 91 in the Office of the County Recorder of said Riverside County, described as a whole as follows: BEGINNING at the southwesterly comer of said Lot 58; thence along the general southerly line of said lot South 73o13'39'' East 8.44 feet to a point on a non-tangent curve in said southerly line concave southeasterly and having a radius of 48.00 feet, a radial line of said curve from said point bears South 73o13'39.' East; thence along said curve and general southerly line northeasterly 56.42 feet through a central angle of 67°20'47" to the southeasterly comer of said Lot 58; thence non-tangent from said curve North 14016'00'' West 6.17 feet; thence North 12058'29'. East 30.39 feet; thence North 77o36'09'' East 135.87 feet; thence South 65°19'49" West 32.92 feet; thence South 62o51'20'' West 86.78 feet; thence South 59°55'02'' West 22.46 feet to the southeasterly line of said Lot 57; thence along said southeasterly line North 89o15'22'' East 23.19 feet; thence North 62o51'20'' East 88.46 feet; Tract No. 23143-8 Storm Drainage Easement Revised May 22, 2002 JN 15100245-M3 Page 2 of 2 thence North 65°19'49" East 24.89 feet; thence North 74023'48'' East 65.79 feet to the northeasterly line of said Lot 54; thence along said northeasterly line North 14016'00'' West 40.01 feet; thence South 74023'48'' West 37.70 feet; thence North 15°36'12'' West 3.85 feet to the beginning of a tangent curve concave southwesterly and having a radius of 5.00 feet; thence along said curve northwesterly and westerly 7.92 feet through a central angle of 90°42'40"; thence non-tangent from said curve South 74o02'35'' West 178.94 feet; thence South 31004'52'' West 68.36 feet; thence South 76°04'52" West 15.25 feet to the northeasterly right-of-way line of Butterfield Stage Road; thence along said fight-of-way line South 14°55'01.' East 30.00 feet; thence North 76°01'19" East 20.00 feet to the POINT OF BEGINNING. CONTAINING: 12400 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. was prepared by me or under my direction. e, P.L.S. 6185 ~ s 3/31/06. H:~PDATA\I 5100245\OFFICE~WPWIN~45igI003.wpd .- · 80 0 80 160 240 GRAPHIC SCALE DATA TABLE BRNO/DELTA RADIUS I_ID~TH 1 67'20'47" 48.00' 56.42' 2 N14' 16'00"W -- 6.17' 3 N12'58'29'E -- 50.39' 4 N77'36'og"E -- 135.87' 5 N65' 19'49"E -- 32.92' 6 N62'51 '20"E -- 86.78' 7 N59'55'O2"E -- 22,46' 8 N89' 15'22"W -- 23.19' 9 N62'51 '20"E -- 88.46' 10 N65' 19'49"E -- 24.89' 11 N74°23'48"E -- 65.79' 12 N14' 16'00"W -- 40.01 ' 13 N74°23'48"E -- 37.70' 14 N15'36' 12"W -- 3.85' 15 90'42'40" 5.00' 7.92' 16 N74'O2'35'E -- 178.94' 17 N51'O4'52"E -- 68.36' 18 N76'O4'52"E -- 15.25' 19 N14'55'O1"W -- 30.00' 20 N76'01 ' 19"E -- 20.00' 21 N73' 13'39"W (R) 8.44' 22 NO5'52'52"W (R) 48.00' F"" C/L FOX ROAD I'RACTNO. 51 56° ®, 50 57 {~ 49 58 I._1 106 65 62 23143-8 81-91 61 60 59 -X...._ C/L BUTTERF I ELD STAGE ROAD SHEET EXHIBIT 'B' STORM DRAINAGE EASEMENT CONSULTING 1 DF 1 SHEET 27555 YNEZ ROAD, SU~ 400 TEMECtA.A, CAI..~A 9259t-4679 909.676.8042 · FAX 909.676.7240 · REVISED 05/22/02 SCALE FIELD ~OOK JOB NO. NOVEMBER 07, 2001 1"=80' 15100245-U3 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 106 OF TRACT MAP NO. 23143-8 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: Tract Map No. 23143-8 was graded to include a private water quality mitigation basin from which a public storm drain conveys flows to an existing storm drain system; The owners of Tract Map No. 23143-8, PCClll-Crowne Hill 100, LLC, a Delaware limited liability company, are hereby submitting an irrevocable offer of dedication of grant of storm drain easement; C. Acceptance of the easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the irrevocable offer of dedication of grant of storm drain easement by PCCIII-Crowne Hill 100, LLC, a Delaware limited liability company as described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the irrevocable offer of dedication of grant of storm drain easement by PCCllI-Crowne Hill 100, LLC, a Delaware limited liability company. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk 10 R:~AGENDA REPORTS~003\102203\Crawne Hill - accept drainage easements. DOC (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October, 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCiLMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 11 R:~AGENDA REPORTS~2003\102203\Crowne Hill - accept drainage easements. DOC · RECORDING REQUESTED BY: City of Temecula, California AFTER RECORDING MAIL TO: City Clerk City of Temecula P.O. BOX 9033 Temecula, CA 92589-9033 ABOVE SPACE FOR RECORDER'S USE STORM DRAINAGE EASEMENT THIS DOCUMENT IS RECORDED AS A BENEFIT TO THE CITY OF TEMECULA AND IS EXEMPT FROM RECORDING FEE PURSUANT TO SECTION 6103 OF CALIFORNIA GOVERNMENT CODE. ASSESSOR PARCEL NO. 952-620-041 PROJECT NO. Tract No. 23143-8 PCC III-Crowne Hill 100, LLC, a Delaware Limited Liability Company, hereinafter designated GRANTOR, represent that they are the owners of the hereinafter described real property, and for a valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain, convey and release unto the City of Temecula, a municipal corporation, in the County of Riverside, State of California, hereinafter designated GRANTEE, its successors and assigns, a perpetual STORM DRAINAGE EASEMENT and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a storm drainage system including any and all structures and appurtances incidental thereto designed to convey storm water runoff through the property of the GRANTOR, together with the right to have and hold said easement and right-of-way unto itself and unto its successors and assigns forever and to convey said easement, or any portion thereof, to other public agencies. The real property referred to herein above and made subject to said easement by this grant is situated in the City of Temecula, State of California, and is more particularly described as follows: (See exhibits "A" & "B" attached and incorporated herein by this reference as set forth in full) The GRANTOR shall not construct buildings or structures, install trees or bushes, or otherwise obstruct in any fashion whatsoever the use of said easement and right-of-way by the GRANTEE, its successors or assigns without the express written consent of the GRANTEE as demonstrated by issuance of an Encroachment Permit issued by the GRANTEE. The GRANTEE shall have the right but not the obligation to remove any buildings, structures, trees bushes or other obstruction that interfere with the right of the GRANTEE to use said easement and right-of-way. The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in good repair the above described works and shall have a right-of-entry upon the property of the GRANTOR for the purposes of inspecting, operating, maintaining, and keeping in good repair the above described works of improvement. There is reserved to the GRANTOR, their successors and assigns, the right and privilege to use the above described land of the GRANTOR at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the GRANTEE, its successors and assigns, of the rights and privileges herein granted. The GRANTOR for themselves, their successors and assigns, hereby waives any claim for any and all damages to GRANTOR'S remaining property contiguous to the easement hereby conveyed by reason of the location, design, construction or maintenance of said drainage facilities or said easement. WITNESS WHEREOF, the GRANTOR has executed this instrument this ~ day of ,200~'..~ - GRANTOR: PCC III-CROWNE HILL 100, LLC, A DELAWARE LIMITED LIABILITY COMPANY. BY: GREYSTONE HOMES, INC., A DELAWARE CORPORATION , ±t:s Hanaser By: _ (~'gn here) '" . {//, (title) (title) By: (sign here) (Print) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On~efore personally appeared me, Julie Chrisman, Notary Public John Baayoun Name{s) of Signer(s) ~ personally known to me [] proved to me on the basis of satisfactory evidence Notary Public - Califom a z to be the person(~) whose name~) is/¢r/e subscribed to the within instrument and acknowledged to me that he/,~/qb/t)5,~, executed the same in his/h,~f/,tli'¢r authorized capacity(.Y~s), and that by his/~'r/t~e)'r signaturef~ on the instrument the person(/s,)', or the entity upon behalf of which the person(C) acted, executed the instrument. ~(~~NESS my han,,d.~anj~ official seal. Place Not aP/ Seal Above IONA S~gnature of Notary Public O L Though the infon~nation below is not required by law, it may prove valuable to persona relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date; Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] [] Attorney in Fact [] Trustee [] Guardian ( [] Other: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ County of ss. On&~ O~ ,-~"~? ~, before m~./~,~~ r~~~ personally appeared ~[~ ~f~ ~me(s) of Signer(si ~sonally known to me "U proved to me on the basis of satisfacto~ evidence to be the personj~')~ whose name~ is/..are'~ subscribed to the within instrument and acknowledged to me that he/c~r~/tl:~Cexecuted the same in his/h/er/t h,~¢' authorized capacity(i,,~, and that by his/;3~hefl~ signature~)"on the instrument the person(,,S~/~, or the entity upon behalf of which the person,~ acted, executed the instrument. WITNESS my hand and ?fficial seal. ~,~o~ .o~a~ ~, ^boreOP//~LT~NA Though the information bo/ow is not required by/aw, it may prove va/uab/e to persons retying on the document and cou/d prevent fraudutent removal and reattachment of this form Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Partner-- General [] Attorne [] Trustee [] Other: Representing: Top of thumb here CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated ,200_~. for a STORM DRAINAGE EASEMENT granted by PCC III-Crowne Hill 100, LLC, a Delaware Limited Liability Company, to the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Government Code Section 27281. Said easement was accepted on ,200.~. The GRANTEE consents to the recordation thereof by its duly authorized officer. CITY CLERK'S OFFICE: Date: ,2002. Attest: Susan W. Jones, CMC, City Clerk H:'~PDATA~15100245\OFFICE\WPWIN~2451a[0 ~ 7A wnd RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" August 15, 2002 JN 15100245-M17 Page 1 of 1 Tract No. 23143-8 STORM DRAINAGE EASEMENT That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 106 of Tract No. 23143-8 filed in Book 313, Pages 81 through 91 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most southerly comer of said Lot 106, said comer being a point on a curve in the northeasterly right-of-way line of Butterfield Stage Road (110.00 feet wide) as shown on said map concave northeasterly and having a radius of 1145.00 feet, a radial line of said curve from said point bears North 39o25'56'' East; thence along the southeasterly line of said lot North 39025'56" East 36.51 feet; thence North 83035'38'' West 12.02 feet; thence South 35049'08'' West 29.98 feet to the non-tangent intersection with said curve in the northeasterly right-of-way line of Butterfield Stage Road, a radial line of said curve from said point bears North 39o50'33'' East; thence along said curve and northeasterly right-of-way line southeasterly 8.20 feet through a central angle of 00°24'37" to the POINT OF BEGINNING. CONTAINING: 307 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. enceL. Bacon, P.L.S. 3527 // ~./~f"~ '6~oX My license expires 6/30/04. {( ~ L.S. 3527 o~ HSPDATA\I5100245\OFFICE\WPWIN~451glO17.wpd ~ Exp. 6-30-200~ 60.. 0 60 120 180 GRAPHIC SCALE TRACT NO. 231 MB 313/81-91 ~, 84 TRACT NO. 23143-6 MB 513/58-70 80 "' 86 '¢~- '. 0 87 ..................................... ~NO .) BRNG/DELTA RAD I US LENGTH 1 S87°00'51"W -- 24.85' ~ ................................... 2 N89°O3'43"W -- 49.84' 15 42°03'21" 70.00' 51.38' 3 63°10'32" 2.00' 2.21' 16 S89'49'27"W 4 S27°45'45"W -- 22.37' 17 N22°O6'12"E 5 S22°06'12"W -- 34.15' 18 N27°45'45"E 6 N83°35'38"W -- 83.18' 19 63°10'32'' 7 S35°49'08"W -- 29.98' 20 S89°03'43"E 8 00°24'37" 1145.00' 8.20' 21 S71°44'52"E 9 01°05'36" 1145.00' 21.85' 22 15°35'59'' 10 N35°49'O8"E -- 14.17' 23 28"52'51" 11 S83°35'38"E -- 69.99' 24 N83"55'58"W 12 S69°34'38"E -- 21.14' 25 S39°25'56"W 13 N89"49'27"E -- 105.22' 14 10'55'24" 70.00' 13.35' SHEET EXHIBIT 'B' STORM DRAINAGE ~ EASEMENT CDNSULTING -- 83.75' -- 27.11' -- 15.73' 2.00' 2.21' -- 42.17' -- 21.65' 70.00' 19.06' 70.00' 35.28' -- 71.16' (R) 36.51' 1 DF 1 SHEET REVISED 08/16/02 SCALE FIELD ]~DDK NOVEMBER 5, 2001 = 15100245-M17 1" 60' RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 104 OF TRACT MAP NO. 23143-9 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: Tract Map No, 23143-9 was graded and street improvements constructed to include a sidewalk underdrain to convey street flow into an existing drainage course within Park Site Lot 104; The owners of Tract Map No. 23143-9, KB Home Coastal Inc., A California Corporation, are hereby submitting an irrevocable offer of dedication of grant of storm drain easement; Acceptance of the easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the irrevocable offer of dedication of grant of storm drain easement by KB Home Coastal Inc., A California Corporation as described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the irrevocable offer of dedication of grant of storm drain easement by KB Home Coastal Inc., A California Corporation PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk 12 R:~AGENDA REPORTS~003\102203\Crowne Hill - accept drainage easements. DOC (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October, 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 13 R:~AGENDA REPORTS~003\102203\Crowne Hill - accept drainage easements. DOC RECORDING REQUESTED BY: City of Temecula, California AFTER RECORDING MAIL TO: City Clerk City of Temecula P.O. BOX 9033 Temecula, CA 92589-9033 ABOVE SPACE FOR RECORDER'S USE STORM DRAINAGE EASEMENT THIS DOCUMENT IS RECORDED AS A BENEFIT TO THE CITY OF TEMECULA AND IS EXEMPT FROM RECORDING FEE PURSUANT TO SECTION 6103 OF CALIFORNIA GOVERNMENT CODE. ASSESSOR'S PARCEL NO. 952-632-025 PROJECT NO. Tract No. 23143-9 KB Home Coastal Inc. a California Corporation, hereinafter designated GRANTOR, represent that they are the owners of the hereinafter described real property, and for a valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain, convey and release unto the City of Temecula, a municipal corporation, in the County of Riverside, State of California, hereinafter designated GRANTEE, its successors and assigns, a perpetual STORM DRAINAGE EASEMENT and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a storm drainage system including any and all structures and appurtances incidental thereto designed to convey storm water runoff through the property of the GRANTOR, together with the right to have and hold said easement and right-of-way unto itself and unto its successors and assigns forever and to convey said easement, or any portion thereof, to other public agencies. The real property referred to herein above and made subject to said easement by this grant is situated in the City of Temecula, State of California, and is more particularly described as follows: (See exhibits "A" & "B" attached and incorporated herein by this reference as set forth in full) The GRANTOR shall not construct buildings or structures, install trees or bushes, or otherwise obstruct in any fashion whatsoever the use of said easement and right-of-way by the GRANTEE, its successors or assigns without the express written consent of the GRANTEE as demonstrated by issuance of an Encroachment Permit issued by the GRANTEE. The GRANTEE shall have the right but not the obligation to remove any buildings, structures, trees bushes or other obstruction that interfere with the right of the GRANTEE to use said easement and right-of-way. The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in good repair the above described works and shall have a right-of-entry upon the property of the GRANTOR for the purposes of inspecting, operating, maintaining, and keeping in good repair the above described works of improvement. There is reserved to the GRANTOR, their successors and assigns, the right and privilege to use the above described land of the GRANTOR at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the GRANTEE, its successors and assigns, of the rights and privileges herein granted. The GRANTOR for themselves, their successors and assigns, hereby waives any claim for any and all damages to GRANTOR'S remaining property contiguous to the easement hereby conveyed by reason of the location, design, construction or maintenance of said drainage facilities or said easement. WITNESS WHEREOF, the GRANTOR has executed this instrument this ,2003. day of GRANTOR: KB HOME COASTAL INC., A California Corporation (Print) By: (sign here) (Print) (title) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) ~ALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California ~l County of ~V~ '~[~.~_ J, ss. pemonallyappearad ~m~¢ Ja~ ~7''~'(''"''J'~'N°~b''~''~ pemonally known to me proved to me on the basis of satisfacto~ 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(les), 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. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 'Rtle orType of Document: ~-'~/~Y~ Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title~: [] Partner -- [] Limited [] General [] Attomey-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top ol thumb here CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated ,2003, for a STORM DRAINAGE EASEMENT granted by KB Home Coastal, a California Corporation, to the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Government Code Section 27281. Said easement was accepted on ,2003. The GRANTEE consents to the recordation thereof by its duly authorized officer. CITY CLERK'S OFFICE: Date: ,2003. Attest: Susan W. Jones, CMC, City Clerk RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" Tract No. 23143-9 Revised May 22, 2002 November 16, 2001 JN 15100245-M9 Page 1 of 1 STORM DRAINAGE EASEMENT That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 104 of Tract No. 23143-9 filed in Book 313, Pages 92 through 104 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most westerly corner of said Lot 104; thence along the northwesterly line of said Lot 104 North 56031'22'' East 28.32 feet; thence South 33 °28'38" East 9.24 feet to a point on a non-tangent curve in the right-of-way line of Sparks Court concave southerly and having a radius of 48.00 feet, a radial line of said curve from said point bears South 02o40'25'' West; thence along said curve and right-of-way line westerly 30.29 feet through a central angle of 36009'03'' to the POINT OF BEGINNING. CONTAINING: 84 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. ~fiomas E. Verloop,~P.LXx~S. 5348 My license expires 3/31/06. H:\PDATA\15100245\OFFICE\WPWIN~2451glOO9.wpd 40 0 40 80 120 ~ GRAPHIC SCALE DETAIL TRACT NO. 23143-9 MB 313/92-104 PARK S I TE 134 103 ,30' 30' SHEET 104 105 / 107 1 OF 1 SHEETS EXHIBIT 'B' STORM DRAINAGE EASEMENT CONSULTING 27555 YNEZ ROAD, SUITE 400 TEMECULA, CALIFC~:~IA 92591-4679 909.676.8042 · FAX 909.676.7240 . wv,"~.RBF.com REVISED 05/22/02 I SCALE NOVEMBER 16, 2001 1"=40' FIELD 3DDK JOB NO, 15100245-M9 RESOLUTION NO. 2003- A RESOLUTION OF THE Cl'rY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 134 OF TRACT MAP NO. 23143-9 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: Tract Map No. 23143-9 was graded and street improvements constructed to include a storm drain to convey street flow into an existing drainage course within Park Site Lot 134; The owners of Tract Map No. 23143-9, KB Home Coastal Inc., A California Corporation, are hereby submitting an irrevocable offer of dedication of grant of storm drain easement; N. Acceptance of the easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the irrevocable offer of dedication of grant of storm drain easement by KB Home Coastal Inc., A California Corporation as described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the irrevocable offer of dedication of grant of storm drain easement by KB Home Coastal Inc., A California Corporation. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October 2003. Jeffrey E. Stone, Mayor A"FI'EST: Susan W. Jones, CMC, City Clerk 14 R:~AGENDA REPORTS~2003\102203\Crowne Hill - accept drainage easements. DOC (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October, 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 15 R:~AGENDA REPORTS~003\102203\Crowne Hill - accept drainage easements. DOC RECORDING REQUESTED BY: City of Temecula, California AFTER RECORDING MAIL TO: City Clerk City of Temecula P.O. BOX 9033 Temecula, CA 92589-9033 ABOVE SPACE FOR RECORDER'S USE STORM DRAINAGE EASEMENT THIS DOCUMENT IS RECORDED AS A BENEFIT TO THE CITY OF TEMECULA AND IS EXEMPT FROM RECORDING FEE PURSUANT TO SECTION 6103 OF CALIFORNIA GOVERNMENT CODE. ASSESSOR'S PARCEL NO. 952-632-039 PROJECT NO. Tract No. 23143-9 KB Home Coastal Inc. a California Corporation, hereinafter designated GRANTOR, represent that they are the owners of the hereinafter described real property, and for a valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain, convey and release unto the City of Temecula, a municipal corporation, in the County of Riverside, State of California, hereinafter designated GRANTEE, its successors and assigns, a perpetual STORM DRAINAGE EASEMENT and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a storm drainage system including any and all structures and appurtances incidental thereto designed to convey storm water runoff through the property of the GRANTOR, together with the right to have and hold said easement and right-of-way unto itself and unto its successors and assigns forever and to convey said easement, or any portion thereof, to other public agencies. The real property referred to herein above and made subject to said easement by this grant is situated in the City of Temecula, State of California, and is more particularly described as follows: (See exhibits "A" & "B" attached and incorporated herein by this reference as set forth in full) The GRANTOR shall not construct buildings or structures, install trees or bushes, or otherwise obstruct in any fashion whatsoever the use of said easement and right-of-way by the GRANTEE, its successors or assigns without the express written consent of the GRANTEE as demonstrated by issuance of an Encroachment Permit issued by the GRANTEE. The GRANTEE shall have the right but not the obligation to remove any buildings, structures, trees bushes or other obstruction that interfere with the right of the GRANTEE to use said easement and right-of-way. The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in good repair the above described works and shall have a right-of-entry upon the property of the GRANTOR for the purposes of inspecting, operating, maintaining, and keeping in good repair the above described works of improvement. There is reserved to the GRANTOR, their successors and assigns, the right and privilege to use the above described land of the GRANTOR at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the GRANTEE, its successors and assigns, of the rights and privileges herein granted. The GRANTOR for themselves, their successors and assigns, hereby waives any claim for any ~;d all damages to GRANTOR'S remaining property contiguous to the easement hereby conveyed reason of the location, design, construction or maintenance of said drainage facilities or said easement. WITNESS WHEREOF, the GRANTOR has executed this instrument this ,2003. __ day of GRANTOR: KB HOME COASTAL INC., A Cali, fornia Corporation (sign here) (P~nt) (Print) (title) ~ ' (title) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of '~.~ ¥~ personally appeared ~t~ ~_ .~. ~C~') · '~.7 San Diego County "~ personally known to me 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/lhey executed the same in his/her/their authorized capacity(les), 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. OPTIONAL Though the information below i$ not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachrnent of this form to another document. Description of Attached Document ~tle or Type of Document: ~'~.~/~ ~(~I~~'~ Document Date: Number of Pages: ' -------~ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer--Title(s): [] Partner -- [~ Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing:. CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated ,2003, for a STORM DRAINAGE EASEMENT granted by KB Home Coastal, a California Corporation, to the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Government Code Section 27281. Said easement was accepted on ,2003. The GRANTEE consents to the recordation thereof by its duly authorized officer. CITY CLERK'S OFFICE: Date: ,2003. Attest: Susan W. Jones, CMC, City Clerk RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 September 18, 2002 JN 15100418-M9 Page 1 of 1 EXHIBIT "A" TRACT NO. 23143-9 STORM DRAIN EASEMENT That certain pamel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 134 of Tract No. 23143-9 filed in Book 313, Pages 92 through 104 of Maps in the Office of the County Recorder of said Riverside County, lying within a strip of land 20.00 feet wide, the centedine of which is described as follows: Commencing at the northeasterly terminus of that certain curve shown as being concave northwesterly and having a radius of 1133.00 feet for a portion of the northerly line of said Lot 134, a radial line of said curve from said point bears orth 24 4707 West thence along said northerly line and said curve southwesterly 49.49 feet through a central angle of 02030'09'. to the TRUE POINT OF BEGINNING; thence non-tangent to said curve South 00013'02" West 31.84 feet to the POINT OF TERMINATION of said centerline. Said strip of land shall be lengthened or shortened so as to terminate northerly in said northerly line. CONTAINING: 637 square feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction, . Verloop-,IP.~.S. 5348 My license expires 12/31/03. H:\PDATA\15100418~ADMIN~legals\4181g1009.doc C~ Ox, 100 0 100 200 300 EXHIBIT 'B' TRACT NO. 23143-9 ~ STORM DRAIN EASEMENT CONSULTIN8 GRAPHIC SCALE TRACT NO. 23143-9 M.8. 313/92-104 PARK SITE 134 DATA TABLE BRNG/DELTA RADIUS LENGTH 02'30'09" 1133.00' 49.49' 07'22'59" 1133.00' 146.00' S00°13'02"W -- 31.84' SHEET 1 DF 1 SHEET 27555 YNEZ ROAD, SUITE 400 Tt~MECULA, CALIFORNi~A 92591-4679 909.676.8042 · FAX 909.676.7240 · Www. RBF:,c(x~ SCALE JOB NB. SEPTEMBER 18, 2002 1"=100' 15100418-M9 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 44 OF TRACT MAP NO. 23143-'10 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: O. Tract Map No. 23143-10 was graded and street improvements constructed to include a storm drain to convey flow within Lot 44; The owners of Tract Map No. 23143-10, Lenone, Inc, a Virginia Corporation, are hereby submitting an irrevocable offer of dedication of grant of storm drain easement; Q. Acceptance of the easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the irrevocable offer of dedication of grant of storm drain easement by Lenone Inc., A Virginia Corporation Home as described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the irrevocable offer of dedication of grant of storm drain easement by Lenone Inc., A Virginia Corporation. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk 16 R:~AGENDA REPORTS~003\102203\Crowne Hill - accept drainage easements. DOC (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October, 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 17 R:~AGENDA REPORTS~2003\102203\Crowne Hill - accept drainage easements. DOC · ' RECORDING REQUESTED BY: City of Temecula, California AFTER RECORDING MAIL TO: City Clerk City of Temecula P.O. BOX 9033 Temecula, CA 92589-9033 ABOVE SPACE FOR RECORDER'S USE STORM DRAINAGE EASEMENT THIS DOCUMENT IS RECORDED AS A BENEFIT TO THE CITY OF TEMECULA AND IS EXEMPT FROM RECORDING FEE PURSUANT TO SECTION 6103 OF CALIFORNIA GOVERNMENT CODE. ASSESSOR'S PARCEL NO. 952-651-013; 952-030-05R PROJECT NO.. Tract No. 23143-10 LENONE, INC., a Virginia Corporation, hereinafter designated GRANTOR, represent that they are the owners of the hereinafter described real property, and for a valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain, convey and release unto the City of Temecula, a municipal corporation, in the County of Riverside, State of California, hereinafter designated GRANTEE, its successors and assigns, a perpetual STORM DRAINAGE EASEMENT and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a storm drainage system including any and all structures and appurtances incidental thereto designed to convey storm water runoff through the property of the GRANTOR, together with the right to have and hold said easement and right-of-way unto itself and unto its successors and assigns forever and to convey said easement, or any portion thereof, to other public agencies. The real property referred to herein above and made subject to said easement by this grant is situated in the City of Temecula, State of California, and is more particularly described as follows: (See exhibits "A" & "B" attached and incorporated herein by this reference as set forth in full) The GRANTOR shall not construct buildings or structures, install trees or bushes, or otherwise obstruct in any fashion whatsoever the use of said easement and right-of-way by the GRANTEE, its successors or assigns without the express written consent of the GRANTEE as demonstrated by issuance of an Encroachment Permit issued by the GRANTEE. The GRANTEE shall have the right but not the obligation to remove any buildings, structures, trees bushes or other obstruction that interfere with the dght of the GRANTEE to use said easement and right-of-way. The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in good repair the above described works and shall have a right-of-entry upon the property of the GRANTOR for the purposes of inspecting, operating, maintaining, and keeping in good repair the above described works of improvement. There is reserved to the GRANTOR, their successors and assigns, the right and privilege to use the above described land of the GRANTOR at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the GRANTEE, its successors and assigns, of the rights and privileges herein granted. The GRANTOR for themselves, their successors and assigns, hereby waives any claim for any and all damages to GRANTOR'S remaining property contiguous to the easement hereby conveyed by reason of the location, design, construction or maintenance of said drainage facilities or said easement. WITNESS WHEREOF, the GRANTOR has executed this instrument this ,2002. __ day of GRANT(~,R~ c~NONE, INC., a Virginia Corporation By: L '~ I~)~, ~',,.~'' By: (sign here) (sign here) (Print) (Print) (title) (title) NOTARY CERTIFICATE COUNTY OF HENRICO } COMMONWEALTH OF VIRGINIA }ss. On this '~:~t day of 3 ,x_\--~ ,200~ pt. adt~-- ~cua.,cc_,o... ~ ~oara.~ (..~,.,a~>personally appeared before me and acknowledged he/she executed the foregoing instrument. Print Natfle My commission expires that (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated ,200_~. for a STORM DRAINAGE EASEMENT granted by LENONE, INC., a Virginia Corporation, to the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Government Code Section 27281. Said easement was accepted on ,200~. The GRANTEE consents to the recordation thereof by its duly authorized officer. CITY CLERK'S OFFICE: Date: ,2002. Attest: Susan W. Jones, CMC, City Clerk RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" Tract No. 23143-10 Revised August 15, 2002 November 5, 2001 JN 15100245-M4 Page I of 1 STORM DRAINAGE EASEMENT That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 44 of Tract No. 23143-10 filed in Book 314, Pages 1 through 12 of Maps in the Office of the County Recorder of said Riverside County, included within a strip of land 30.00 feet wide, the northerly line of which is described as follows: BEGINNING at the northwesterly comer of said Lot 44; thence along the northerly line of said lot North 89°33'25" East 127.30 feet; thence South 49° 18'09" East 97.32 feet to the beginning of a tangent curve concave northeasterly and having a radius of 7.50 feet; thence along said curve southeasterly 5.75 feet through a central angle of 43°56'55"; thence tangent from said curve North 86°44'56'' East 26.31 feet to the POINT OF TERMINATION. Said strip of land shall be lengthened or shortened so as to terminate westerly in the westerly line of said Lot 44 and easterly in the easterly line of said Lot 44. CONTAINING: 3985 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared ~ by me or under my direction. Lawrence L. Bacon, P.L.S. 3527 My license expires 6/30/04. H2PDATA\I 5100245\OF FICESWPWINL2451gl004.wp d 0 60 120 180 GRAPHIC SCALE DATA TABLE BRNG/DELTA RADIUS LENGTH 1 43°56'55" 7.50' 5.75' 2 N86°44'56"E -- 26.31' 62 63 64 --- / ROYAL C~-ST ~ )' 30' Z TRAC~EiNO. 23143--10 314/1-12 45 P.O.B. LOT L ! NE F"-N89°33'25"E 130. O0 ~---,, . 127.30' 0 43 SHEET EXHIBIT "~" STORM DRAINAGE ~ EASEMENT CDNSULTINB I OF 1 SHEET 27555 YNEZ ROAD, SUITE 400 '~MECULA, CALIFOFtN[A 92591-4679 909.676.8042 · FAX 909.676.7240 · www. RBF.com SCALE FIELD BOOK JO~ 1"=60' 15100245-M4 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOT 104 OF TRACT MAP NO. 23143-11 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: R. Tract Map No. 23143-11 was graded and street improvements constructed to include a storm drain to convey flow within Lot 104; The owners of Tract Map No. 23143-11, Lenone, Inc, a Virginia Corporation, are hereby submitting an irrevocable offer of dedication of grant of storm drain easement; T. Acceptance of the easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the irrevocable offer of dedication of grant of storm drain easement by Lenone Inc., A Virginia Corporation Home as described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the irrevocable offer of dedication of grant of storm drain easement by Lenone Inc., A Virginia Corporation. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk 18 R:~AGENDA REPORTS~2003\102203\Crowne Hill - accept drainage easements,DOC (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October, 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 19 R:~AGENDA REPORTS~2003\102203\Crowne Hill - accept drainage easements,DOC RECORDING REQUESTED BY: City of Temecula, California AFTER RECORDING MAIL TO: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 ABOVE SPACE FOR RECORDER'S USE STORM DRAIN EASEMENT THIS DOCUMENT iS RECORDED AS A BENEFIT TO THE CITY OF TEMECULA AND IS EXEMPT FROM RECORDING FEE PURSUANT TO SECTION 6103 OF CALIFORNIA GOVERNMENT CODE. ASSESSOR'S PARCEL NO. 952-680-039 PROJECT NO. Tract No. 23143-11 LenOne, Inc., a Virginia Corporation, hereinafter designated GRANTOR, represent that they are the owner of the hereinafter described real property, and for a valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain, convey and release unto the City of Temecula, a municipal corporation, in the County of Riverside, State of California, hereinafter designated GRANTEE, its successors and assigns, a perpetual STORM DRAIN EASEMENT and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a drainage system including any and all structures and appurtenances incidental thereto designed to convey stormwater runoff through the property of the GRANTOR, together with the right to have and hold said easement and right-of-way unto itself and unto its successors and assigns forever and to convey said easement, or any portion thereof, to other public agencies. The real property referred to hereinabove and made subject to said easement by this grant is situated in the City of Temecula, State of California, and is more particularly described as follows: (See Exhibits - "A" & "B" attached and incorporated herein by this reference as set forth in full) The GRANTOR shall not construct buildings or structures, install trees or bushes, or otherwise obstruct in any fashion whatsoever the use of said easement and right-of-way by the GRANTEE, its successors or assigns without the express written consent of the GRANTEE as demonstrated by issuance of an Encroachment Permit issued by the GRANTEE. The GRANTEE shall have the right but not the obligation to remove any buildings, structures, trees bushes or other obstruction that interfere with the right of the GRANTEE to use said easement and right-of-way. The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in good repair the above described works and shall have a right-of-entry upon the property of the GRANTORS for the purposes of inspecting, operating, maintaining, and keeping in good repair the above described works of improvement. There is reserved to the GRANTOR, their successors and assigns, the right and privilege to use the above described land of the GRANTOR at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the GRANTEE, its successors and assigns, of the rights and privileges herein granted. The GRANTOR for themselves, their successors and assigns, hereby waives any claim for any and all damages to GRANTOR'S remaining property contiguous to the easement hereby conveyed by reason of the location, design, construction or maintenance of said drainage facilities or said easement. WITNESS WHEREOF, the GRANTOR has executed this instrument this ,20. . day of GRANTOR: LenOne, Inc., a Virginia Corporation By: ~ ~ (sign here) (print name here) (title of signatory) By: (sign here) (print name here) (title of signatory) (All OWNERS must sign) (Proper notarial acknowledgment of execution by OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (Attach appropriate Subordination Agreements as applicable) CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated for a STORM DRAIN EASEMENT granted by J-enOne, Inc., a Virqinia Corporation to the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Government Code Section 27281. Said easement was accepted on . TheGRANTEE consents to the recordation thereof by its duly authorized officer. .CITY CLERK'S OFFICE: Date: Attest: Susan W. Jones, CMC, City Clerk CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated for a STORM DRAIN EASEMENT granted by. , the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Govemment Code Section 27281. Said easement was accepted on . The GRANTEE consents to the recordation thereof by its duly authorized officer. .CITY CLERK'S OFFICE: Date: Attest: Susan W. Jones, CMC, City Clerk RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" September 18, 2002 JN 15100418-M7 Page 1 of 1 TRACT NO. 23143-11 STORM DRAIN EASEMENT That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 104 of Tract No. 23143-11 filed in Book 314, Pages 13 through 24 of Maps in the Office of the County Recorder of said Rivemide County, described as follows: A strip of land 20.00 feet wide, the centedine of which is described as follows: Commencing at the southwesterly terminus of that certain curve shown as being concave northwesterly and having a radius of 1244.00 feet for a portion of the northwesterly line of said Lot 104, a radial line of said curve from said point bears North 12052'03' West thence along said northwesterly line and said curve northeasterly 140.17 feet through a central angle of 06°27'21" to the TRUE POINT OF BEGINNING; thence non-tangent from said curve South 19°10'52" East 32.50 feet to the POINT OF TERMINATION of said centerline. Said strip of land shall be lengthened or shortened so as to terminate northwesterly in said northwesterly line. CONTAINING: 650 square feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. H:\PDATA\I 5100418~ADMIN\legals~4181gl007.doc ~0 ' 0 80 160 240 GRAPHIC SCALE / .,.v / / / \ '¢( ~k~/~; X // 03 (~ BRNG/D~-~;; RADIUS LENGTH 2 01'44 % ~. 3 S19' 10'52"E 32.50' SHEET 1 BF 1 SHEET TRACT NO. 23143-11 STORM BRA I N EASEMENT c o N s u LTl N G ~.676.8~2 · FAX ~.676.72~ · ~.c~ SCALE JBD NB. SEPTEMBER 18, 2002 1,,=80. 15100418-M7 Colanty of Henrico, Commonwealth of Virginia On this..~l dayof ~_~_~ he/she executed the foregoing instrument Print ~e:~ My commission expires personally appeared before me and acknolwedged that Notary Public RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOTS 4 AND 5 OF TRACT MAP NO. 23143-F THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: U. Tract Map No. 23143-F was graded and street improvements constructed to include a storm drain to convey flow within Lots 4 and 5. The owners of Tract Map No. 23143-F, Lenone Inc., A Virginia Corporation, are hereby submitting an irrevocable offer of dedication of grant of storm drain easement; W. Acceptance of the easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the irrevocable offer of dedication of grant of storm drain easement by Lenone Inc., A Virginia Corporation Home as described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the irrevocable offer of dedication of grant of storm drain easement by Lenone Inc., A Virginia Corporation. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October 2003. Jeffrey E. Stone, Mayor A'I-I'EST: Susan W. Jones, CMC, City Clerk 20 R:~AGENDA REPORTS~2003\102203\Crowne Hill - accept drainage easements. DOC (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October, 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 21 R:~AGENDA REPORTS~2003\I02203\Crowne Hill - accept drainage easements. DOC RECORDING REQUESTED BY: City of Temecula, California AFTER RECORDING MAIL TO: City Clerk City of Temecula P.O. BOX 9033 Temecula, CA 92589-9033 ABOVE SPACE FOR RECORDER'S USE STORM DRAINAGE EASEMENT THIS DOCUMENT IS RECORDED AS A BENEFIT TO THE CITY OF TEMECULA AND IS EXEMPT FROM RECORDING FEE PURSUANT TO SECTION 6103 OF CALIFORNIA GOVERNMENT CODE. ASSESSOR'S PARCEL NO.952-541-004,005 PROJECT NO. Tract No. 23143 Lenone, Inc., a Virginia Corporation, hereinafter designated GRANTOR, represent that they are the owners of the hereinafter described real property, and for a valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain, convey and release unto the City of Temecula, a municipal corporation, in the County of Riverside, State of California, hereinafter designated GRANTEE, its successors and assigns, a perpetual STORM DRAINAGE EASEMENT and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a storm drainage system including any and all structures and appurtances incidental thereto designed to convey storm water runoff through the property of the GRANTOR, together with the right to have and hold said easement and right-of-way unto itself and unto its successors and assigns forever and to convey said easement, or any portion thereof, to other public agencies. The real property referred to herein above and made subject to said easement by this grant is situated in the City of Temecula, State of California, and is more particularly described as follows: (See exhibits "A" & "B" attached and incorporated herein by this reference as set forth in full) The GRANTOR shall not construct buildings or structures, install trees or bushes, or otherwise obstruct in any fashion whatsoever the use of said easement and right-of-way by the GRANTEE, its successors or assigns without the express written consent of the GRANTEE as demonstrated by issuance of an Encroachment Permit issued by the GRANTEE. The GRANTEE shall have the right but not the obligation to remove any buildings, structures, trees b. ushes or other obstruction that interfere with the right of the GRANTEE to use said easement and right-of-way. The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in good repair the above described works and shall have a right-of-entry upon the property of the GRANTOR for the purposes of inspecting, operating, maintaining, and keeping in good repair the above described works of improvement. There is reserved to the GRANTOR, their successors and assigns, the right and privilege to use the above described land of the GRANTOR at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the GRANTEE, its successors and assigns, of the rights and privileges herein granted. The GRANTOR for themselves, their successors and assigns, hereby waives any claim for any and all damages to GRANTOR'S remaining property contiguous to the easement hereby conveyed by reason of the location, design, construction or maintenance of said drainage facilities or said easement. WITNESS WHEREOF, the GRANTOR has executed this instrument this ,2002. day of GRANTOR: LENONE, INC. A VIRGINIA CORPORATION By: (sign here) By: .~~~ (sign here) ~,.v~_~, C_~ ,.~J~% (Print) (Print) (title) (title) NOTARY CERTIFICATF COUNTY OF HENRICO } COMMONWEALTH OF VIRGINIA }ss. On this .o>~. dayof ,~t[~ ,200~, FLe~ [C ~o.~1 ~ c_c_ ~ o... ~ ~qo~t~4_ ~sonally appeared before me and acknowledged he/she executed the foregoing instrument. Print Na~e My commission expires that (President or vice-president and secretary or assistant secretary must sign for corporations. Ifonly one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated ,200~, for a STORM DRAINAGE EASEMENT granted by Lenone, Inc., a Virginia Corporation, to the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Government Code Section 27281. Said easement was accepted on ,200_2. The GRANTEE consents to the recordation thereof by its duly authorized officer. CITY CLERK'S OFFICE: Date: ,2002. Attest: Susan W. Jones, CMC, City Clerk RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" Revised September 18, 2002 November 5, 2001 .IN 15100245-M! Page 1 of 1 Legal Descriotion for Tract No. 23143 STORM DRAINAGE EASEMENT That certain parcel of land situated in the City of Temecula, County of Riverside, State of Califomia, being that portion of Lots 4 and 5 of Tract No. 23143 filed in Book 314, Pages 25 through 38 of Maps in the Office of the County Recorder of said Riverside County, described as follows: PARCEL 1 A strip of land 30.00 feet wide, the southerly line of which is described as follows: BEGINNING at a point in the easterly line of said Lot 5 distant thereon South 15° 13'21" East 30.10 feet from the most northeasterly comer of said lot; thence North 83°19'24" West 17.45 feet to a point on a curve in the westerly line of said lot. Said strip of land shall be lengthened or shortened so as to terminate easterly in the easterly line of said Lots 4 and 5 and westerly in said curve in the westerly line of said lots. CONTAINING: 379 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. Lawrence L. Bacon, P.L.S. 3527 My license expires 6/30/04. 0 2OO 4OO GRAPHIC SC~/ 3 SEE DETAIL HEREON TRACT NO. 23143 MB 314/25-58 PARK SITE 104 '~ 45 4 _~Cou/L SAGE RT( ---'~R) 5 DETA I L "A" PARCEL 1 WIDE 10 DATA TABLE (~) BRNG/DEL TA RAD I US LENGTH N08'51 '53"E -- 150.41 ' N83' 19 '24'W -- 17.45' N15' 13'21"W -- 3g.90' N15' 13'21 "W -- ,.tO, 10' N15' 13'21"W -- 2.24' N83' 19'24"W -- 11,24' 37'07'50" 48,00' 31,11' NOT TO SCALE SHEET EXHIBIT 'B' STORM DRAINAGE EASEMENT OONSULTIN~ 1 OF 1 SHEETS 27555 YNEZ ROAD, SUITE 400 TEMECULA, CALIFORNIA 92591-4679 909.676.8042 · FAX 909.676.7240 · wv*'w~BF.com RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOTS 103 OF TRACT MAP NO. 23143-F THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: Tract Map No. 23143-F was graded to include a private water quality mitigation basin from which a public storm drain conveys flows to an existing storm drain system; The owners of Tract Map No. 23143-F, Lenone Inc., A Virginia Corporation, are hereby submitting an irrevocable offer of dedication of grant of storm drain easement; Z. Acceptance of the easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the irrevocable offer of dedication of grant of storm drain easement by Lenone inc., A Virginia Corporation Home as described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the irrevocable offer of dedication of grant of storm drain easement by Lenone Inc., A Virginia Corporation. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk 22 R:~AGENDA REPORTS~2003\102203\Crowne Hill - accept drainage easements. DOC (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October, 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 23 R:~AGENDA REPORTS~2003\102203\Crowne Hill - accept drainage easements. DOC RECORDING REQUESTED BY City of Temecula, California AFTER RECORDING MAIL TO: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 ABOVE SPACE FOR RECORDER'S USE STORM DRAIN EASEMENT THIS DOCUMENT IS RECORDED AS A BENEFIT TO THE CITY OF TEMECULA AND IS EXEMPT FROM RECORDING FEE PURSUANT TO SECTION 6103 OF CALIFORNIA GOVERNMENT CODE. ASSESSOR'S PARCEL NO. 952-030-012 PROJECT NO. Tract No. 23143 LenOne, Inc., a Virginia Corporation, hereinafter designated GRANTOR, represent that they are the owner of the hereinafter described real property, and for a valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain, convey and release unto the City of Temecula, a municipal corporation, in the County of Riverside, State of California, hereinafter designated GRANTEE, its successors and assigns, a perpetual STORM DRAIN EASEMENT and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a drainage system including any and all structures and appurtenances incidental thereto designed to convey stormwater runoff through the property of the GRANTOR, together with the right to have and hold said easement and right-of-way unto itself and unto its successors and assigns forever and to convey said easement, or any portion thereof, to other public agencies. The real property referred to hereinabove and made subject to said easement by this grant is situated in the City of Temecula, State of California, and is more particularly described as follows: (See Exhibits - "A" & "B" attached and incorporated herein by this reference as set forth in full) The GRANTOR shall not construct buildings or structures, install trees or bushes, or otherwise obstruct in any fashion whatsoever the use of said easement and right-of-way by the GRANTEE, its successors or assigns without the express written consent of the GRANTEE as demonstrated by issuance of an Encroachment Permit issued by the GRANTEE. The GRANTEE shall have the right but not the obligation to remove any buildings, structures, trees bushes or other obstruction that interfere with the right of the GRANTEE to use said easement and right-of-way. The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in good repair the above described works and shall have a right-of-entry upon the property of the GRANTORS for the purposes of inspecting, operating, maintaining, and keeping in good repair the above described works of improvement. There is reserved to the GRANTOR, their successors and assigns, the right and privilege to use the above described land of the GRANTOR at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the GRANTEE, its successors and assigns, of the rights and privileges herein granted. The GRANTOR for themselves, their successors and assigns, hereby waives anyclaim for anyand all damages to GRANTOR'S remaining property contiguous to the easement hereby conveyed by reason of the location, design, construction or maintenance of said drainage facilities or said easement. WITNESS WHEREOF, the GRANTOR has executed this instrument this ,20 . day of GRANTOR: LenOne, Inc., a Virginia Corporation By: ~ (sign here) (print name here) (title of signatory) (sign here) (print name here) (title of signatory~ (All OWNERS must sign) (Proper notarial acknowledgment of execution by OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (Attach appropriate Subordination Agreements as applicable) CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated for a STORM DRAIN EASEMENT granted by LenOne, Inc., a Virqinia Corporation to the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Government Code Section 27281. Said easement was accepted on . The GRANTEE consents to the recordation thereof by its duly authorized officer. CITY CLERK'S OFFICE: Date: Attest: Susan W. Jones, CMC, City Clerk RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" Leval Descril)tion Tract No. 23143 STORM DRAINAGE EASEMENT Revised May 22, 2002 November 12, 2001 JN 15100245-M10 Page 1 of 2 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 103 of Tract No. 23143 filed in Book 314, Pages 25 through 38 of Maps in the Office of the County Recorder of said Riverside County, described as follows: COMMENCING at the centerline intersection of Crowne Hill Drive and Pauba Road as shown on said Tract No. 23143; thence along the centerline of said Pauba Road North 41 °25'08" East 249.53 feet to the beginning of a tangent curve concave southeasterly and having a radius of 1300.00 feet; thence continuing along said centerline and said curve northeasterly 114.28 feet through a central angle of 05°02'12"; thence radially from said curve South 43032'40" East 44.00 feet to a point on a non-tangent curve concave southeasteriy and having a radius of 1256.00 feet said point being the TRUE POINT OF BEGINNING, said curve being concentric with and 44.00 feet southeasterly of last said curve, said curve also being the northwesterly line of said Lot 103, a radial line of said concentric curve from said point bears South 43o32'40'' East; thence along said curve and northwesterly line northeasterly 30.98 feet through a central angle of 01 °24'47"; thence non-tangent from said curve South 57o15'48'' East 35.26 feet; ence South 43 0809 East 139.79feettoapomtonanon-tangentcurveconcavesoutheasterlyand having a radius of 380.00 feet, said curve also being on the southeasterly line of said Lot 103, a radial line of said curve fi.om said point bears South 63o34'25'' East; thence along said curve and southeasterly line southwesterly 32.87 feet through a central angle of 04°57,24,,; Tract No. 23143 Strom Drainage Easement Revised May 22, 2002 JN 15100245-M10 Page 2 of 2 thence continuing on said southeasterly line tangent from said curve South 21 °28'11" West 26.92 feet; thence North 48°06'08" West 67.19 feet; thence North 34°08'19'' West 133.19 feet to the TRUE POINT OF BEGINNING. CONTAINING: 9585 square feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B' attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. Ray~l~'~. ma~e, P.L.S. 6185 My license expires 3/31/06. H:~PDATA\I 5100245\OFFICE\WPWIN~2451gI010.wpd 60 0 60 120 180 103 GRAPHIC SCALE TRACT NO. 23143 MB 314/ 25-38 92 91 93 DATA TABLE 1 05°02'12" 1300.00' 114.28' 94 2 N43'32'40"W (R) 44.00' 3 01°24'47" 1256.00' 30.98' 4 N57°15'48"W -- 35.26' 5 04°57'24'' 380.00' 32.87' 6 N21°28'11"E 26.92' 7 N48°O6'O8"W 67.19' SHEET ! OF ! SHEET EXHIBIT 'B' STORM DRAINAGE ~MECUI_A. CAUF-O~41A 92~-~ EASEMENT c REVISED SCALE FIELD ~DOK JO~ ND. NOVEMBER 1"=60' 15100245-M10 Coufity.ofHenrico, Commonwealth of Virginia On this .. "S t d,ay of , he/she executed the foregoing instrument. Print Nam:d"' ~ ;c , Notary Public My commission expires versonally appeared before me and acknolwedged that ITEM 17 TO: FROM: DATE: SUBJECT: ClTY OFTEMECULA AGENDA REPORT APPROVAL ~/,, ~l- CITY ATI'ORNEY --~-~?--_ I DIRECTOR OF FINANCE'~ ~ CitY MANAGER ~--I ~;ity ManagedCity Council William G. Hughes, Director of Public Works/City Engineer October 22, 2003 Request to Remove Speed Undulations - Calle Pina Colada PREPARED BY: Ali Moghadam, Principal Engineer RECOMMENDATION: That the City Council approve the removal of the speed undulations on Calle Pina Colada between La Serena Way and Del Rey Road. BACKGROUND: In September 1993, the City Council adopted the use of speed undulations on Calle Pina Colada between La Serena Way and Del Rey Road on an experimental basis, to reduce vehicular volumes and speeds. An evaluation of before and after travel patterns, performed after the installation, revealed that vehicular volumes had increased but vehicular speeds had decreased at that time. In February 1993, the City of Temecula adopted a policy for the installation of speed undulations on certain public streets. T he policy identifies t he criteria t o b e followed f or t he installation, relocation and/or removal of speed undulations. The policy allows the removal of undulations when the following conditions are satisfied: 1. Undulations are ineffective in reducing speeds and volumes of vehicles. 2. Undulations were placed in locations conflicting with adopted guidelines. 3. There is evidence that the original location is no longer in the best interest of the community. 4. There is a petition with 65% of residents in favor of removal. 5. Undulations have been installed for at least two (2) years. In September 2003, staff received a petition from twenty-six (26) of the twenty-nine (29) property owners that front Calle Pina Colada requesting the removal of the speed undulations. This represents approximately eighty-nine percent (89%) of the affected property owners. Since three (3) of the five (5) conditions are satisfied, it is staff's opinion that removal of the speed undulations is in the best interest of the community. At the meeting of September 25, 2003, the Public/Traffic Safety Commission considered the request and unanimously approved staffs recommendation (5-0) to recommend that the City Council approve the removal of the speed undulations on Calle Pina Colada between La Serena Way and Del Rey Road. R:~agdrpt~2003\1022\Speed Undulations/ajp 1 FISCAL IMPACT: The cost to remove the speed undulations is estimated at $22,000.00. Funds are available in the Public Works Maintenance Division's Routine Street Maintenance FY03-04 Operating Budget. ATTACHMENTS: 1. Agenda Report - Public/Traffic Safety Commission Meeting of September 25, 2003 2 R:~agdrpt~2003\1022~Speed Undulations/ajp AGENDA REPORT TO: FROM: DATE: SUBJECT: Public/Traffic Safety Commission · Ali Moghadam, P.E., Senior Engineer, Traffic September 25, 2003 Item 3 Request to Remove Speed Undulations -CaHc Pina Colada RECOMMENDATION: That the Public/Traffic Safety Commission recommend that the City Council approve the removal of the Speed Undulations on Calle Pina Culada between La Serena Way and Del Rey Road. BACKGROUND: In September 2003, staff received a petition fi.om the Calle Pina Colada properW owners requesting the removal of the speed undulations on Calle Pina Colada between La Serena Way and Del Rey Road because the undulations have fail ~ed to achieve desired results of reducing vehicular speeds and volumes. Thc public has been notified o f t he P ublic/Traffic Safety Commission's consideration of this issue through the agenda notification process and by mail. In the past, the issue of speeding, speed undulations, removal of undulations and potential closure of Calle Pina Colada has been addressed numerous times by the Public/Traffic Safety Commission and the City Council. In 1993, the City Council adopted the use of speed undulations on Calle Pina Colada between La Serena Way and Del Rey Road on an experimental basis. A subsequent follow-up evaluation of before and atter travel patterns revealed that at that t/me vehicular volumes had increased but vehicular speeds had decreased by four (4) miles per hour. In April 1994, the City Council considered the recommendation to increase the height of the speed undulations in response to resident's concern of sporadic violation of the speed undulation's posted speed limit of fitteen (I 5) miles per hour. Ultimately, the City Council defiled the height increase and directed staff to research the feas?oility of constructing a bypass route along the adjacent Metropolitan Water District easement between La Serena Way and Del Rey Road to address the speeding and cut-through issue. In January 1999, staff received a petition requesting the removal of the speed undulations and closure of Calle Pina Colada west of Salt River Court. The Publicfrraffic Safety Commission considered the request at the meeting of March 11, 1999. The Commission unanimonsly approved amotiun to continue the issue forninsty (90) days and directed staff to develop other alt _emafives including the feusibility of constn~cting a bypass road on the Metropolitan WaterDistfict easement. The Commission also unanimously approved amotion todirect staff to determine if conditions saOsfy the criteria for the removal of the speed undulations on Calle Pina Colada. r~fflc~comn~s~a~g~da~2003~925~Ca~ Pina Colada/ajp At the meeting of April 29, 1999, the Publie/Traffic Safety Commission received a staffreport regarding the speed undulation issue and the bypass road feasibility study. The Commission unanimously approved the staff recommendation to reaffirm the speed undulations until the completion of the Meadowview Circulation Study. Additionally, the Commission unanimously approved the motion to receive the report and directed staffto continue the bypass study and include the study in the Meadowview Circulation Study. Subsequently in May 1999, staffmceived a request from the Ridgeview Homeowners Association to install a barrier on Calle Pina Colada between the Meadowview and Ridgeview communities. At the meeting of September 9, 1999, the Public/Traffic Safety Commission unanimously approved the staffrecommendatian to deny the request to close Calle Pina Colada west of Salt River Court. In September 2003, staffreceived a petition from twenty-six (26) of the twenty-nine (29) properly owners that front Calle Pina Colada requesting the removal of the speed undulations. This represents approximately eighty-nine percent (89%) of the affected property owners. The City's Speed Undulation Policy allows the removal of undulations when the following conditions are satisfied: 1. Undulations are ineffective in reducing speeds and volumes of vehicles. 2. Undulations were placed in locations conflicting with adopted guidelines. 3. There is evidence that the original location is no longer in the best interest oftbe community. 4. There.is a petition with 65 % of residents in favor of removal. 5. Undulations have been installed for at least two (2) years. Since the majority of the property owners are in favor of the removal of the speed undulations and there is evidence that the speed undulations no longer serve the best interest of the community, staff recommends that the Public/Traffic Safety Commission approve the request and recommend that the City Council approve the removal of the speed undulationS. Because the speed undulations have been in place for approximately ten (10) years, removal of the undulations will require a finar~cial commitment from the City of Temecula. Ultimately, the City Council must approve both the expenditure and the removal of the undulations. It shonld be noted that staff will not support the installation of multi_way stop signs on Calle Pint Colada as a substitute for the speed undulations. FISCAL IMPACT: None .Attachment: 1. Exhibit "A" - Location Map 2. Exhibit "B"- Petition to Remove Speed Undulations on Calle Pina Colada dated September 5, 2003 EXHIBIT "A" LOCATION MAP EXHIBIT "B" PETITION TO REMOVE SPEED UNDULATIONS DATED SEPTEMBER 5, 2003 Speed Undulation Policy Page 2 Changing the location of undulations on a street, or the removal of undulations, may be considered when all the findings listed below are made by the Commission: Relocation of Undula~ipn~ 1. Undulations are ineffective in reducing speeds and volumes of vehicles. 2. Undulations were placed in a location conflicting with adopted guidelines. There is evidence that the original location is no longer in the best interest of the community. There is a petition signed by at least sixty-five percent (65%) of the affected property owners in favor of relocation. Removal of Undulation- 1. Undulations are ineffective in reducing speeds and volumes of vehicles. 2. Undulations were placed in a location conflicting with adopted guidelines. There is evidence that the original location is no longer in the best interest of the community. There is a petition signed by at least sixty-five percent (65%) of the affected property owners in favor of removal. 5. Undulations have been installed for at least two (2) years. Removal of undulations which have been installed for less than two years will only be considered if the City is compensated by those requesting removal for the full cost of the original installation, including design, construction and inspection. The original installation and maintenance of the undulations Will be financed as all other signs, striping and pavement features. pw08\traffio\~ndulatn\spdund .poi EXHIBIT 'B' SPEED UNDULATION POUCY Prior to the construction of a speed undulation, the subject street section shall meet the following criteria: A 'speed undulation petition' signed by et least sixty percent (60%) of the affected residents I1~11 be filed with the City of Temeculs Department of Public Works, Traffic Engineering Division. The average traffic shall range between 1,200 · 2,500 vehicles In a twenty-four (24) hour The speed limit shall be no greater than twenty-five (25) mph as determined by State law. At least iixty percent (60%) of the surveyed vehicles are exceeding the twenty-five (25) mph speed limit. 5. The subject street: a. . . Shall not be over forty (40) feet wide, unless approved by City Engineer. b. Shall not be more than two {2) traffic lanes. c. Shall not have a grade greater than five percent (5 %) in the section where humps are to be constructed. d. Shall be at least one quarter (~) mile in length. e. Shall not have severe vertical or horizontal alignment features. f. 'Shall not be a truck route or transit route. g. Shall not be an important access route for emergency vehicles. h. Shall not be listed on the City Circulation Plan, unless approved by City Engineer. The distance between undulations shall range between 200 - 250 feet. ' Undldlt?~?' _ shall not normally be constructed in isolated blocks along · continuous street' on I rlltJ~ short (<800') cul-de-sac. · t~ ~ be con~n~ed per the City of Temecula Standard Drawings. Undulmim~ era still experimental roadway features; therefore, additions, alternations or removal of any hump 'may occur st any time. P wO lXtrafflc&spedh~Jhtp.cH fau1021193 EXHIBIT "A" SPEED UNDULATION PETITION W6', the following property owners, request the City of Temecula to ,~ovg ALL speed undulations on. "CALL~. PTNA C0LADA" from (STREET NAME) "LA SERENA WAY" to "DEL REY ROAD" Also, to remove any associated paint on the road surface. PRINT NAME SIGNATURE ADDRESS iq C u.E 6 7 pwOS~tra fflo~u ndulatn~petJtton.und :peed Undulation Petition 'age 2 26 27 28 29 30 31 32 PRINT NAME81GNATURE ADDRESS pwOS~treffle~undulatn~peflfion.und / Petition to Remove Speed Undulations on. Calle Pine Colerl-~ September 5, 2003 Page 2 .of 2 owners have also .sustained the greatest wear-and-tear on their, vehicles since they drive over the undulations more frequently than anyqne elso, These undulations also serve as an "attractive nuisance." Younger drivers have found that the undulations act like "ski lifts" if they speed up and sail over them. Likewise, mo,re mature drivers have found that they have a smoother ride if they ~peed up as they drive over the undulations, rather than slow down. Since many City residents drive sport utility vehicles ("SUVs"), vans, Or large pick-up trucks, the shock impact of the undulations on their vehicles is minimal. Consequently, while the posted speed limit on Calle Pina Colada is 25 miles per hour, traffic speeds of 40-50 miles per hour are more common. In view of the foregoing, the affected property owners on Calle Pina Colada respectfully request that the City promptly remove the undulations and the associated paint on the roadway, so that our street will be restored to its original condition. The undulations were a worthwhile experiment that unfortunately did- not produce the desired results. If the undulations were effective in reducing drivin,q speeds, then we would not be requesting their removal~ since the safety o[ our families is our first and foremost concern. Should you wish to contact me, my telephone number is 760.346.0611, extension 383 (work). I serve as the Deputy City Treasurer for the City Of Palm Desert, California. Sincerely, Th'omas'W. Jeffrey"" ~' Cc: Temecula City Council Attachments: Exhibit "A": Petition for Removal of Undulations Exhibit "B": City of Temecula "Speed Undulation Policy" 30647 Calle Pina Colada Temecula, CA 92591 September 5, 2003. Temecula Public/Traffic Safety Commission Attention: Traffic Safety 'Commissioners 43200 Business Park Drive Temecula, CA 92589 Re.' iRECEIVED SEP -:9 2003 Petition to Remove Speed Undulations on Calle Pina Colada Dear Traffic Safety Commissioners: I' am a property owner who resides on Calle Pina Co!ada. Attached please find a petition from the affected property owners on Calle Pina Colada requesting that the speed undulations on that street be removed (see Exhibit "A"). According to Associate Traffic Engineer Jerry Gonzalez, the City of Temecula ("City~'). installed these undulations 10 years ago as "experimental roadway features," the purpose of which was to reduce excessive traffic speeds on Calle Pina Colada. Mr. Gonzalez stated that the undulations were subsequently deemed to be a failure, and have not been repeated on any other street in Temecula. In the City's "Speed Undulation Policy" dated February 11, 1993, the subsection entitled "Removal of Undulations" states that at least 65% of the affected property owners must sign a petition in favor of removing the undulations as a condition precedent for their removal (see Exhibit "B"). This threshold has been met. Of the 29 households that front Calle Pina Colada, 26 have signed the attached petition requesting the removal Of the undulations. This represents 89% of affected property owners. The petition gatherers were unsuccessful in contacting two of the three property owners who did not sign the petition. On a contact basis, 26 of 27 households contacted signed the petition. This represents 96% of affected property owners. ' The reason for the removal is simple. Affected property owners on Calle Pina Colada now have the worst of all situations. The undulations.ate ineffective in reducing traffic speeds, but highly effective in reducing property resale values. They put prospective buyers on notice that Calle Pina Colada has a 24/7 traffic problem. This is further aggravated by the fact ,that no other street in the City has undulations, thereby making Calle Pina Colada notorious. Affectec~' property ITEM 18 TO: FROM: DATE: SUBJECT: APPROVAL C TY A rORNEY DIRECTOR OF FINANCE ~g3~ I CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council ~ Herman Parker, Director of Community Servi October 22, 2003 Grant Approval of a Waterline Easement to Rancho California Water District PREPARED BY.' Barbara Smith, Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING OF A THIRTY FOOT (30') WIDE WATERLINE EASEMENT FOR WATER UTILITY PURPOSES TO RANCHO CALIFORNIA WATER DISTRICT Authorize the City Clerk to forward the easement deed to the Rancho California Water District for acceptance who will then forward to the County of Riverside for recordation. BACKGROUND: The Temecula Creek Village development, Parcel Map No. 30468, is located on the south side of State Route 79 South between Jedediah Smith and Avenida de Missions. This development has both commercial and residential uses and on May 1, 2002 the Planning Commission approved Tentative Parcel Map No. 30468 with the appropriate Conditions of Approval. This map received its final approval by City Council on October 8, 2002. Temecula Community Services District (TCSD) conditioned this project to design and install an eight (8) foot wide multi-use public trail along the south side of their property, adjacent to Temecula Creek. This trail will be consistent in design and location with the City's Multi-Use Trail and Bikeways Master Plan. The property owner Temecula Creek Village, LLC, has retained Trans-Pacific Consultants, Inc., to design and oversee the installation of the trail including a vital connection from the Temecula Creek Village property over Lot A of Parcel Map No. 29132, which is owned by the City, to the corner of Avenida de Missions and Via Rio Temecula. R:~srnJthb\Easements\Ra ncho WateALot A Staff&Re, so.doc In exchange for this important trail connection, the City needs to provide Rancho California Water District (RCWD) with a thirty-foot (30) wide waterline easement along the length of Lot A. RCWD is currently using an old pipeline (See Exhibit A) that runs through the eastern side of the Temecula Creek Villages property. This easement will allow RCWD to disconnect from the old pipeline to the west of Lot A and connect to a new pipeline to the east of Lot A. Once the connection is complete the old pipeline easement to the west will be vacated. Specific language within this deed was added to insure that this easement will not interfere with public access or ability to use the trail over Lot A and that during any repair or routine maintenance of the waterline the trail would be minimally disrupted. In the granting of this easement the City would be one step closer to a more comprehensive and complete trail system within our City. FISCAL IMPACT: There is no fiscal impact to the City by the granting of this waterline easement to Rancho California Water District. Rancho California Water Distdct will bear the entire cost of the installation and maintenance of the waterline. RCWD will replace the trail and/or trail amenities as a result of pipeline maintenance. The cost of the installation of the trail over the easement area will be borne entirely by Temecula Creek Village, LLC. ATTACHMENTS: 1. Exhibit A-Site Map 2. Resolution No. 03- 3. Easement Deed to Rancho California Water District R:~smithb\Easements\Rancho Water,Lot A Staff&Reso,doc E~hibit A - Site Rancho California Water District Pipeline Easement October 13, 2003 OLD PIPELII~ IPELINE CONNECTION Legend N RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING OF A THIRTY FOOT (30') WIDE WATERLINE EASEMENT FOR WATER UTILITY PURPOSES TO RANCHO CALIFORNIA WATER DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: and The City of Temecula owns in Fee Title Lot A of Parcel Map No. 29132; b. Rancho California Water District has deemed a thirty-foot (30') wide pipeline easement necessary to provide water services to existing and new developments within the area. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby approves a granting of a thirty-foot (30') wide water pipeline easement to Rancho California Water Distdct and authorizes the Mayor to execute this attached Easement Deed on behalf of the City. R:~srnithb\Easements\Rancho Water\Lot A Staff&Reso.doc PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC, City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNClLMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:~smithb\Easements\Rancho Water, Lot A Staff&Reso.doc Recording requested by and when Recorded, mail to: Rancho California Water District P.O. Box 9017 Temecula, CA 92589-9017 Exempt from Recording Fee per Govt, Code Sec. 27383 City of Temecula (Space above this line for Recorder's use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 WA TERLINE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Temecula ("Grantors") hereby grants and conveys to the Rancho California Water District, ("Grantee") a public corporation, a perpetual non-exclusive easement and right-of-way for pipeline or pipelines, together with incidental appurtenances, connections and structures in, over, under, upon, along, through, and across the real property situated in the City of Temecula in the County of Riverside, State of California, hereinafter described as follows in Exhibit A which is attached. Together with the right to grade and improve said right-of-way and to enter upon and to pass and repass over and along said strip of land for the construction, operation, and maintenance of the facilities to be constructed in said easements by the Rancho California Water District. The Rancho California Water District shall not interfere with or preclude the City from use the area within Exhibit A as a public trail. Construction of any permanent structures and/or any noise emanating from the structures that would discourage or interrupt use of the trail will be prohibited. Routine maintenance and repair of the pipeline and equipment shall not unreasonably disrupt use of the trail. The cost of the maintenance and repair of the pipeline and equipment and replacement of trail and/or trail amenities shall be made at the sole expense of Rancho California Water District. It is understood and agreed that the easements and rights-of-way acquired herein are subject to the right of the owner, his successors and assignees, to use the surface of the land within the boundary lines of said easements and rights-of-way to the extent that such use is compatible with the full and free exercise of said easements and rights-of-way by the Rancho California Water District; provided; however, that no fences, block walls or other structures, or other improvements shall be constructed upon, over and along said easements and rights-of-way without first obtaining the written approval of the Rancho California Water District of the City's plans, which shall not be unreasonable withheld. No fill or paving of any nature shall be placed or maintained over the surface of the ground, nor shall any earth be removed from the cover of said pipeline after construction, without first obtaining the written approval of the Rancho California Water District. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHEREOF; this instrument has been executed this 22nd day of October 2003. CITY OF TEMECULA By: Shawn D. Nelson, City Manager ATTEST: By: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: By:. Peter M. Thorson City Attorney Certificate of Acceptance: The undersigned, being the duly appointed agent of RANCHO CALIFORNIA WATER DISTRICT, a public corporation, Riverside County, California, pursuant to its Resolution No. 22, as amended by Resolution No. 196, does hereby accept on behalf of said District, the grant of all interests in real estate for public purposes as described in the attached Grant of Easement Dated October 22, 2003 by and between the RANCHO CALIFORNIA WATER DISTRICT, and the City of Temecula and does hereby certify that the Grantee consents to the recordation of said Grantee. DATED: ., 2003 RANCHO CALIFORNIA WATER DISTRICT By: Phillip L. Forbes Interim General Manager Director of Finance-Treasurer DATE: July 16, 2003 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION FOR WATERLINE EASEMENT BEING A PORTION OF LOT "A" OF PARCEL MAP 29132, AS RECORDED IN BOOK 199 OF MAPS AT PAGES 78 THROUGH 80, INCLUSIVE OF MAPS IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER, RIVERSIDE, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT "A" OF SAID PARCEL, ALSO BEING A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF AVENIDA DE MISSIONS. THENCE; CONTINUING ALONG SAID LINE SOUTH 20° 55' 00" EAST, 30.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 4685.00 FEET, A RADIAL L1NE TO SAID POINT BEARS NORTH 20° 17' 18" WEST; THENCE; WESTERLY 300.83 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 40' 44" TO A POINT IN THE WESTERLY LOT LINE OF LOT A; THENCE; CONTINUING ALONG SAID LINE NORTH 16° 36' 44" WEST, 30.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLy AND HAVING A RADIUS OF 4655.00 FEET, A RADIAL L1NE TO SAID POINT BEARS NORTH 16° 36' 37" WEST; THENCE; EASTERLY 298.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 40' 29" TO THE POINT OF BEGINNING. THIS AREA CONTAINING 0.21 ACRES MORE OR LESS. Exp. 3-3'1-04 · V~I~ t P,M. NO. ~ P.M. 199/78-80 ,,, PARCEL 5 N16'36'57"W (R) P.O.~. // R=4655.00' 0.21 AC. // ^ ..... ' ........... L=298 57' T=149.54' ~, ~ A=03'40'¢9" R=4695.00' L=301.58' T=150.84' I I ~ 50' WATER EASEMENT TRACT NO. 23267 M.B. 240/29-35 50' x. N20'17'18"W (R) R=4685.00' TEHECULACREEK LOT 14 CHANNE! TRACT NO. 23267-3 M.B.240/20-2.8 ................ . ,., ,,_.,. ,,.~¢./a I~11 NOT TO SCA~ / k~ k Exp. 03-31-04 /~// RANCHO CALIFORNIA WATER DISTRICT This Plat is Solely an Aid in Locating the Parcel(s) described in the Att(3ched Document. It is not a Part of The Written Description Therein. SHEET EXHIBIT PREPARED BY: SUBJECT: Trans-Pacific Consul[ants, Inc. 27431 Enterprise Circle West TRACT 29132 1 Temecula, CA. 92590 WATER EASEMENT (909) 676-7000 OF I SHEET(S) SCALE:I"= ~(:2' DRAWN BY: TE~ DATE: ~_.;,5_/_2_~_O_,~_ CHECKED By: J.E.t:~.. W.O.# ITEM 19 TO: FROM: DATE: SUBJECT: ClTY OFTEMECULA AGENDA REPORT APPROVAL ClTYATTORNEY DIRECTOROFFINANCE~ CITY MANAGER /~, City Manager/City Council William G. Hughes, Director of Public Works/City Engineer October 22, 2003 Tract Map No. 29639-2, Located south of Date Street and west of Margarita Road within the Harveston Specific Plan PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Reza James, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Tract Map No. 29639-2 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bond as secudty for the agreement 3) Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. BACKGROUND: Tract Map No. 29639-2 is a fifty-five (55)-Iot subdivision located south of Date Street and west of Margarita Road within the Harveston Specific Plan. On July 12 and August 14, 2001, the City Planning Commission and City Council, respectively, approved the Tentative Tract Map 29639-2 along with the appropriate Conditions of Approval. The Developer, Harveston, LLC, A Delaware Limited Liability Company, by Lennar Homes of California has met all of the Conditions of Approval. This final map is in conformance with the approved tentative tract map. The approval ora final subdivision map, which substantially complies with the approved tentative map is a mandatory ministerial act under State law. FISCAL IMPACT: None A'I'I'ACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Tract Map No. 29639-2 r:~agd rpt~002\0423\tm26828.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 29639-2 Staff reviewed the following fees relative to their applicability to this project. FEE Flood Control (ADP) Development Impact Fee CONDITIONS OF APPROVAL Paid. This fee is due prior to issuance of a grading permit. Not Paid. This fee will be collected prior to Occupancy. r:~agdrpt~2002\0423\tm26828.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 29639-2 HARVESTON DRIVE DATE: OCT( IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ $922,000.00 $ $461,000.00 Drainage (RCFC&WCD) $ $ Water $ $ 418,000.00 $ $ 209,000.00 Sewer $ $ TOTAL $ $1,340,000.00 $ $670,000.00 Monumentation $ 81,000 TRACT MAP NO.29639-2 DATE AND YNEZ_ ..___ROAD IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ $2,870,000.00 $ $1,435,000 Drainage (RCFC&WCD) $ $ Water $ $ 507,500.00 $ $ 253,750.00 Sewer $ $168,000.00 $ $84,000.00 TOTAL $ $1,340,000.00 $ $670,000.00 Monumentation $ TRACT MAP NO.29639-2 DATE AND YNEZ ..... .._.._ROAD IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Signal $ $294,000.00 $ $1,47,250.00 Drainage (RCFC&WCD) $ $318,500.00 $ $159,250.00 Water $ $ Sewer $ $ TOTAL $ $612,500.00 $ $306,500.00 Monumentation $ r:~agdrpt~?.002\0423\tm26828.ma p DEVELOPMENT FEES RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due 'To Be Determined $ Paid $ *TBD 177.00 8.00 1,900.00 4,O50.00 7,145.00 o.oo 4 r:~agdrpt'2.002\0423\tm26828.map I,Jl it -'0 i/ i"1;o i · ' )) i,m 0 0 m ITEM 20 TO: FROM: DATE: SUBJECT: APPROVAL CITY A'I-I'ORNEY ~ I DIRECTOR OF FIN, ANCE~/-'"~ CITY MANAGER ? -~-I CITY OFTEMECULA AGENDA REPORT City Manager/City Council ~)/Uj)/~/illiam G. Hughes, Director of Public Works/City Engineer October 22, 2003 Cooperative Agreement between the City of Temecula and County of Riverside f or the Design a nd Construction o f a Traffic Signal a nd Safety Lighting at the Intersection of Winchester Road and Willows Avenue. PREPARED BY: Ali Moghadam, Principal Engineer RECOMMENDATION: That the City Council: Approve the Cooperative Agreement for the design and construction of a traffic signal and safety lighting at the intersection of Winchester Road and Willows Avenue. Authorize the Mayor to sign the agreement after review and approval by the City Attorney. Authorize an appropriation from the General Fund Reserves in the amount of $82,750.00 for the City's twenty five percent (25%) share of the construction cost. BACKGROUND: The County of Riverside Transportation Department will soon award a construction contract for the installation of a traffic signal at the intersection of Winchester Road and Willows Avenue. This intersection is shared by Caltrans (50%), the County (25%) and the City (25%). The County is the lead agency for the design, administration and the construction of this project. Increased traffic and continued development in the area have contributed to an increase in number of accidents at this intersection. The traffic signal warrants have been met and the County of Riverside is anxious to begin this installation. The County has estimated the total project cost at approximately $331,000.00. The County is requesting 25% cost participation by the City for a maximum amount of $82,750.00. Since Caltrans is not participating in the construction cost, the County has agreed to pay the remaining cost (75%) per Exhibit UA" of the Cooperative Agreement. FISCAL IMPACT: An appropriation of $82,750.00 from the General Fund Reserves to the Public Works Traffic Division, Traffic Improvement Account No. 001-164-602-5412 is necessary for the City's 25% share of the construction cost to fund this project. ATTACHMENTS: Location Map Cooperative Agreement R:~agdrpt~003~1022~Cooperafive Agreement/ajp Location Ma 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Board of Supervisors County of Riverside COOPERATIVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF WINCHESTER ROAD (SR 79) & WILLOWS AVENUE/VVlNCHESTER CREEK ROAD This agreement is made and entered into this day of ,2003, by and between the County of Riverside, hereinafter called COUNTY, and the City of Temecula, hereinafter called CITY. RECITALS WHEREAS, the COUNTY desires to install a traffic signal at the intersection of Winchester Road (SR 79) and Willows Avenue/Winchester Creek Road, hereinafter called PROJECT; and WHEREAS, the intersection of Winchester Road (SR 79) and Willows Avenue is shared by Caltrans (50%), the COUNTY (25%), and the CITY (25%); and WHEREAS, the COUNTY, CITY, and Caltrans jointly determined that a traffic signal is warranted; and WHEREAS, the CITY will benefit from the PROJECT and has agreed to fund a portion of the Project being in the CITY's and public's interest; NOW, THEREFORE, incorporating the foregoing recitals herein, the parties mutually agree as follows: 1. COUNTY shall be the lead agency for the design engineering and construction phase of the PROJECT. 2. PROJECT shall consist of installing a new traffic signal with safety lighting, pedestrian facilities, lengthening the left-turn lane on Winchester Road for southbound traffic, and any associated signing, striping, and markings. 3. COUNTY, through its Transportation Department, and/or a consultant, shall provide design engineering for the PROJECT. Design engineering shall Page 1 of 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 include preliminary engineering, and preparation of design plans, specifications, and estimate, and obtain Caltrans Encroachment Permit. CITY shall review, comment on, and reasonably approve the design plans, specifications and estimate prior to advertising of request for bids on the construction contract of the PROJECT. 4. COUNTY shall provide construction engineering including construction survey, material testing, inspection and administration of the construction. 5. The estimated PROJECT cost is approximately $331,000. The CITY's share of PROJECT cost is 25% of the total PROJECT cost up to a maximum of $82,750. COUNTY agrees to pay the remaining PROJECT cost. 6. The CITY shall deposit 80% of the CITY's share of PROJECT cost ($66,200) with COUNTY prior to COUNTY awarding the PROJECT. 7. In determining design and construction engineering costs, COUNTY shall keep accurate records regarding hours worked, equipment and supplies used, mileage and similar matters, which records shall be open for review by CITY personnel during regular business hours. 8. COUNTY shall construct, or cause to be constructed, the PROJECT and shall provide or secure the provision of all labor, equipment and materials for the PROJECT. 9. COUNTY shall obtain or cause to be obtained any and all necessary permits for the PROJECT and ensure that any and all utility facilities that are necessary for the construction of the PROJECT are properly relocated. 10. By execution of this Agreement, CITY grants COUNTY and its contractors the right to construct the PROJECT within CITY rights-of-way. The CITY shall issue an encroachment permit free of charge to the contractor to whom the COUNTY awards the PROJECT. 11. COUNTY shall require coordination with CITY's Department of Public Works Page 2 of 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to ensure adequate traffic diversion during the construction of the PROJECT. 12. CITY shall not be responsible for payment for any extra work over and above the estimated CITY's contribution to the PROJECT cost unless prior written approval for the same has been granted by the CITY. The CITY Public Works Director shall have authority to amend this Agreement in writing, increasing CITY's contribution to the PROJECT cost if and when the Public Works Director deems such amendment is necessary and appropriate, provided the aggregate amount of all amendments does not exceed twenty- five (25) percent of the amount stated in Paragraph 5 as the CITY's contribution. 13. Prior to the commencement of construction of the PROJECT, COUNTY shall ensure that CITY, its officers and employees are named as additional insureds for the liability insurance coverages for the PROJECT. 14. COUNTY shall require that any and all contractors on the PROJECT enter into a written agreement with COUNTY to ensure sufficient coverage of liability insurance. 15. COUNTY shall require that any and all contractors on the PROJECT comply with the provisions of Sections 1861 and 3700 of the Labor Code of the State of California. 16. COUNTY shall require that any and all contractors on the PROJECT pay the California general prevailing rates of per diem wages and overtime and holiday wages. 17. Upon completion of the PROJECT, COUNTY shall enter into an agreement with Caltrans for the maintenance of the traffic signal equipment and operation of the traffic signal according to the terms to be agreed upon within the Master Agreement for Maintenance and Operation of Traffic Signal and Safety Lighting between Caltrans and COUNTY. Page 3 of 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18. The CITY shall enter into an agreement with the COUNTY to pay COUNTY's 25 pement of the total maintenance and energy cost as billed to the COUNTY by Caltrans. 19. This Agreement does not change COUNTY's and CITY's pre-existing obligations to maintain and install striping and signage within their respective jurisdictions' rights-of-way. 20. Upon completion of all said PROJECT work, COUNTY shall calculate all final costs incurred therefore, and shall submit to CITY a final statement of said costs which statement shall clearly set forth the total amount for CITY's share and COUNTY's share as previously described herein, total amount of funds paid or deposited by CITY for said PROJECT, total sum of funds paid by CITY and COUNTY, and amount due to either agency by the other to equal the share of PROJECT cost as indicated in Paragraph 5, and as amended by Paragraph 12. Any amounts due the COUNTY by CITY shall be paid within thirty (30) days from the date of statement. 21. Except as to sole negligence, active negligence or willful misconduct of CITY, COUNTY shall defend, indemnify and hold the CITY, its officers and employees, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorney's fees, which arises out of or is in any way connected with the performance of work under this Agreement by COUNTY or any of the COUNTY's employees, agents or subcontractors and agents for compensation for services rendered to COUNTY in the performance of this Agreement, notwithstanding that CITY may have benefited from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of COUNTY's employees, contractors or agents. Page 4 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 III III III 22. In the performance of this Agreement, neither party shall discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex or sexual orientation, in the selection and retention of contractors, employees and subconsultants or the procurement of materials and equipment, except as may be provided in Section 12940 of the California Government Code. Further, beth parties agree to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. Page 5 of 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23. NOTICES: All notices required shall be sent by regular mail, postage prepaid, and addressed as follows: COUNTY OF RIVERSIDE Transportation Department P.O. Box 1090 Riverside, CA 92502 Attention: George A. Johnson, Director of Transportation CITY OF TEMECULA Public Works Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: William G. Hughes, Director of Public Works IN WITNESS WHEREOF, the parties hereto have caused agreement to be executed by their authorized representatives on the date first written above. COUNTY OF RIVERSIDE CITY OF TEMECULA Dated: Dated: By: By: Chairman, City Manager Board of Supervisors ATTES'I:: Nancy Romero, Clerk to the Board BY: Deputy, Clerk of the Board APPROVED AS TO FORM: William C. Katzenstein, County Counsel By: ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney SV:bjl August 7, 2003 F:\Traffic~Agreements\Winchester Rd & Willows-Winchester Creek~Agmt; City of Temecula.doc Page 6 of 6 EXHIBIT 'A' NEW TRAFFIC SIGNAL AT WINCHESTER ROAD (SR 79) & WILLOWS AVENUE/WINCHESTER CREEK ROAD ESTIMATE OF COSTS $331,000 $248,250 $82,750 $0 TOTAL CO U NTY CITY CALTRANS COSTS CONTRIBUTION CONTRIBUTION CONTRIBUTION (100%) (75%) (25%) (0%) ITEM 21 APPROVAL _ CITY ATTORNEY ~ DIRECTOR OF FINANCE CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council John Pingel, Police Lieutenant October 22, 2003 Temecula Citizen Corps Grant Funding - Equipment Purchase PREPARED BY: Ashley Jones, Management Assistant RECOMMENDATION: That the City Council: Increase estimated Grant Revenue by $5,000. Appropriate $5,000 to Police Department budget from Grant Revenue for the purchase of a Laptop Computer, LCD Projector, and Digital Camera for the Temecula Citizen Corps program. BACKGROUND: The City of TemecuJa has been active in seeking grant funding to enhance the City's Emergency Management Program as well as the Temecula Citizen Corps. Recently the City received $10,000 in grant funding to develop an annex for the Temecula Citizen Corps to the City's Multi-Hazard Function Plan. In a recent meeting with Bonnie Reed, Riverside County OES Emergency Services Program Supervisor, the City was notified that we were eligible to receive an additional $5,000 in grant funding to be used to purchase equipment to train staff and volunteers on the Temecula Citizen Corps annex. In addition, this equipment will allow the Temecula Citizen Corps to make presentations to civic groups, Homeowner's Associations, Parent Teacher Associations (PTA), Rotary, childcare agencies, and churches in an effort to recruit and educate our citizens about the benefits of neighborhood safety. Staff has already submitted an application for the additional funding and received notice last week that the additional funds were approved to purchase a Laptop Computer, LCD Projector, and a Digital Camera. FISCAL IMPACT: General Fund Grant Revenues will be increased by $5,000 and will offset the appropriation of $5,000 in the Police Department budget (Line item 001-170-999-5242). R:'~ASHLEYS~Slaff Reports~TCC Grant Funding - Eqpt. Purchase.doc TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUGUST 26, 2003 A regular meeting of the City of Temecula Community Services District was called to order at 9:15 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Comerchero presiding. ROLL CALL PRESENT: 4 DIRECTORS: Naggar, Pratt, Stone, Roberts, and Comerchero ABSENT: 1 DIRECTORS: Roberts Aisc present were General Manager Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 12, 2003. MOTION: Director Stone moved to approve Consent Calendar item No. 1. The motion was seconded by Director Naggar and voice vote reflected approval with the exception of Director Roberts who was absent. DEPARTMENTAL REPORT No additional comments. DIRECTOR OF COMMUNITY SERVICES REPORT No comment. GENERAL MANAGER'S REPORT No comment. BOARD OF DIRECTORS' REPORTS A. Commending Community Services Director Parker and staff on the Moonlight Movies in the Park Program, Director Naggar commented on the excellent services provided by the vendor of choice; appreciated the assistance of Administrative Secretary Zigler; and relayed his desire to provide this service again next summer. Minutes.csd\082603 1 ADJOURNMENT At 9:17 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, September 16, 2003, at 7:00 P.M.. City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\082603 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT SEPTEMBER 16, 2003 A regular meeting of the City of Temecula Community Services District was called to order at 8:20 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Comerchero presiding. ROLLCALL PRESENT: 5 DIRECTORS: Naggar, Pratt, Stone, Roberts, and Comerchero ABSENT: 0 DIRECTORS: Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 26, 2003. MOTION: Director Naggar moved to approve Consent Calendar Item No. 1. The motion was seconded by Director Stone and voice vote reflected unanimous approval. DIRECTOR OF COMMUNITY SERVICES REPORT No comment. GENERAL MANAGER'S REPORT No comment. BOARD OF DIRECTORS' REPORTS No comment. Minutes.csd\091603 1 ADJOURNMENT At 8:21 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, September 23, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President A'lq'EST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\091603 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT SEPTEMBER 23, 2003 A regular meeting of the City of Temecula Community Services District was called to order at 8:08 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Comerchero presiding. ROLLCALL PRESENT: 5 DIRECTORS: Naggar, Pratt, Stone, Roberts, and Comerchero ABSENT: 0 DIRECTORS: Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments, CONSENT CALENDAR 1 Financial Statements for the Fiscal Year ended June 30, 2003 RECOMMENDATION: 1.1 Receive and file the Financial Statements for the Fiscal Year ended June 30, 2003. 1.2 Approve an appropriation of $1,200 for the Service Level R emergency road maintenance. 1.3 Approve an appropriation of $18,000 for the TCSD Debt Service Fund operating transfers out. Reduction of Retention - R.E. Fleminq Construction, Inc.- Children's Museum Buildin,q Shell Improvements - Project No. PW02-01CSD RECOMMENDATION: 2.1 Approve the release of retention for the construction contract with R.E. Fleming Construction, Inc. less any monies withheld pursuant to law. Ratification of Election Results- Harveston Specific Plan No. 13 RECOMMENDATION: 3.1 Adopt a resolution entitled: 2 Minutes.csd\092303 RESOLUTION NO. CSD 03-17 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON SPETEMBER 10, 2003 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW MOTION: Director Naggar moved to approve Consent Calendar Item Nos. 1, 2, and 3. The motion was seconded by Director Stone and voice vote reflected unanimous approval. DIRECTOR OF COMMUNITY SERVICES REPORT No comment. GENERAL MANAGER'S REPORT No comment. BOARD OF DIRECTORS' REPORTS No comment. ADJOURNMENT At 8:09 P.M., the Temecula Community Services District meeting was formally adjourned to Wednesday, October 22, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\092303 2 ITEM 2 TO: FROM: DATE: SUBJECT: APPROVAL ~..~ CITY ATTORNEY ~ II DIRECTOR OF FINAN(~E~II GENERAL MANAGER I[ TEMECULA COMMUNITY SERVICES DISTRICT ~/ CITY OF TEMECULA AGENDA REPORT General Manager/Board of Directors Herman Parker, Director of Community Services October 22, 2003 Completion and Acceptance of Construction Contract for the Rancho California Sports Park ADA Access, Project No. PW02-06CSD PREPARED BY: Amer Attar, Principal Engineer Julie Dauer, CIP Specialist RECOMMENDATION: That the Board of Directors: Accept the project, Rancho California Sports Park ADA Access, Project No. PW02-06CSD, as complete; and File a Notice of Completion, release the performance Bond, and accept a twelve (12) month Maintenance Bond in the amount of 10% of the contract; and Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On June 10, 2003 the Board of Directors awarded the construction contract to International Pavement Solutions, Inc., in the amount of $36,463.00 for said project and authorized the General Manager to approve change orders that are within the 10% contingency. This project involved the construction of sidewalks and handicap access to five ball fields at the Rancho California Sports Park. Construction activities included the installation of 4" thick sidewalks and seating areas designated for handicap seating. The installation of these sidewalks from the existing walkways to ball fields, nos. #3, CFA., #5, #7 & #8 have further enhanced the sports park and provided additional pedestrian and wheelchair access for spectators. The contractor has completed the work in accordance with the approved plans and specifications and within the allotted time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: This project is a Capital Improvement Project funded through Community Development Block Grant Funds and Development Impact Fees- Parks & Recreation, Account No. 210-190-180-5604. The total cost of the project including authorized contract change orders and quantity adjustments was $33,260.80. Final field measured quantities resulted in a net savings of $3,202.20. There were no contract change orders against the contingency balance of this contract. I R:'C, GENDA REPORTS~2003\102203~PW02-06 Accept.doc ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release 2 R:~AGENDA REPORTS~003\102203~PW02-06 Accept.doc RECORDING REQUESTED BY AND RETURN TO: CiTY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: I. The City of Tamecula is the owner of the property hereinafter described. Interest Vendee Under Contract. Nature of 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to International Pavement Solutions, Inc., P.O. Box 10458, San Bernardino, CA 92423 to perform the following work of improvement: RANCHO CALIFORNIA SPORTS PARK ADA ACCESS PROJECT Project No. PWO2-O6CSD 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the Board of Directors of the City of Temecula at a regular meeting thereof held on October 22, 2003. That upon said contract the Safeco Insurance Company of America was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: RANCHO CALIFORNIA SPORTS PARK ADA ACCESS PROJECT Project No. PW02-O6CSD 6. The location of said property is: Rancho Vista Road, Temecula, California Dated at Temecula, California, this 22"d day of October, 2003 City of Temecula STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones CMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said Board of Directors. Dated at Temecula, California, this 22nd day of October, 2003. City of Temecula Susan W. Jones CMC, City Clerk R:~CIP~PROJ£CTS~PW02\PwO2-06CSD Spor~s Park\Notice of Completion,docProjects\PW02-O6\Notice of Completion CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PWO2-O6CSD RANCHO CALIFORNIA SPORTS PARKA.D.A. ACCESS KNOW ALL PERSONS BY THESE PRESENT THAT: Bond #6209788 a International Pavement Solutions, Inc., P.O. Box 10458, San Bernardino, CA 92423 NAME AND .4DORES$ CONTRAC~'~R'.R Corporation hereinafter called PdncipaJ, and Safeco Insurance Company of America, 130 W. Vine St., Redlands, CA 92372 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of Thirty-Six Thousand Your tI~ndred Sixty-Three DOLLARS and 36 ..C EI~h'S ($ 36,463.36 ) in lawful money of the United States, said aura being not less than ten ('10%) of the Contract value payable by the said City of Teme~ula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 10th day of June ,20 03, a copy of which is hereto atlached and made a part hereof for the construction of PROJECT NO. PW02- 06CSD, RANCHO CALIFORNIA SPORTS PARK A,D,A. ACCESS. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and the final estimate was approved on October 2- 2....~.._, 20 03. NOW, THEREFORE, THE CONDITION OF THIS' OBLIGATION IS SUCH, that ~f within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Conlract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by' UNNTENANCE BO~D ~ R-~ID-DOCS~[~TEP. g~ EWBID the City of Temecula in Successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates end agrees that no change, extension of time, alteration, or addition to the terms o~ the Conlract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension .of time, alteration, or addition to the'terms of the Contract, or to the WOrk, or to the Specifications. Signed and sealed this _, 16th dayof September 20 03 (Seal) SURETY By: .$~eco Insurance Company of ~America (Nme) Kare~. ~rnestad " - ~itle) Attorney In Fact APPROVED AS TO FORM: ~eter M. Thereon, City Attorney PRINCIPAL By: International Pavement Solutions, Inc. (Name) ennis C. Rleq~ ~e) President =' By:__ (Name) (Title) SAF ECO' KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY Thai SAFECO INSURANCE COMPANy OF AMERICA a~l GENERAL INSURANCE COMPANY OF AMERICA, ead~ a Wa~ ceq~ma6c~, does eac~ hereby IN WITNESS WHEREOF, SAFECO INSUR~C~ COMPANY OF AMERICA a~d GENERAL INSURANCE COMPANy OF AM~R~C~ have eac~ exec~ed CHRtSI1NE MEAD, S~CREFARY C E RTIFIC~TE MIKE Pm"~A_VI CK, PRESIDENT' F-~r~ct Imm lira B~ o~ SAFECO INSURANCE COMPANy OF A/~ERtC~. a~d ~ ~ ~CE C~P~ ~ ~ (0 T~of~V. ~ 13 ~ ~ ~. ~ ~ 16th ~y~ September ,2003 CHRISTINE MEA0, SECRETARY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SanBernardino On September 16, 2003 before me, Stephanie Dickinson, Notary Public Date Name and Title of Officer (e.g.. 'Jane Doe. Notap/Public") personally appeared Karen J. B, jomestad Name(s) al Signet(s) ~l personally known to me - OR -[]~.,v.w.'~ tc ,,,~ .... v,. "'~...~ b.?."clc cf ........... ~':~'"~*~'"~ ^":'~"""" ......... to be the person(s) whose name{s-} is/a+e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hlc!hedthcir authorized capacity(icc), and that by his/her/thclr signature/g) on the instrument the person(s), or the entity upon behalf of which the person{s} acted, executed the instrument. WIll, lESS my han~)and official seal. Signature of Notary Public - OPTIONAL Though the information below ia not required by law, it may prove valuable to persons relying on the d3curnent and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond Document Date: September 16, 2003 Number of Pages: 2 Signer(s) Other Than Named Above: Dennis C. Rieger Capacity(les) Claimed by Signer(s) Signer's Name: Karen J. Bjornestad [] Individual [] Corporate Officer Title(s): [] Partner -Fl Limited [] General [] Attomey-i n- Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Safeco Insurance Company o£America Top of thumb here Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner-• Limited [] General [] Attorney-i n- Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On September 17, 2003 Date personally appeared San Bemardino before me, Nancy Escobedo, Notary Public Dennis C. Rieger Name(a) of Signer(s) ....... · ~ .... *~... ~....4..a o,.*;..~..~.,. ....... e to be the person(s-) [] personally known to me - OR [] ,. whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his!hcr.'thc!r authorized capacity(-ie~, and that by his/heffthefl' signature(~) on the instrument the person(s), or the entity upon behalf of which the person(e-) acted, executed the instrument. WITNESS my hand and official seat. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the d3cument and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond Document Date: September 17, 2003 Number of Pages: 2 Signer(s) Other Than Named Above: Karen Bjomestad Capacity(les) Claimed by Signer(s) Signer's Name: Dennis C. Rieger [] Individual [] Corporate Officer Title(s): Pres. / Treasurer [] Partner - [] Limited [] General [] Attomey-i n- Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: International Pavement Solutions Inc. Topof~umbh~ Signer's Name: [] Individual [] Corporate Officer Title(s): V. Pres./Sec. [] Partner - [] Limited [] General [] Attomey-i n- Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: International Pavement Solutions Inc. Top of thumb here CITYOF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PWO2-O6CSD RANCHO CALIFORNIA SPORTS PARK A.D.A. ACCESS This is to certify that ~, (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW02- 06CSD, RANCHO CALIFORNIA SPORTS PARK A.D.A. ACCESS, situated in the City of Temecula. State of California, more, particularly, described as follows: INSERT ADDRESS OR DESCRIBE LOCATION OF WORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: CONTRACTOR Signature Print Name and Title RELEASE R-1 R:~BID*DOCSW, ASTERS~N EWBID ITEM 3 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC~E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: Board of Directors ~ Herman Parker, Director of Community Service October 28, 2003 SUBJECT: Grant of Easement in Favor of Southern California Edison to Supply Power to a Rancho California Water District Well Site PREPARED BY: ~"/ Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT AUTHORIZING THE GRANT OF EASEMENT FOR ELECTRICAL SUPPLY SYSTEMS TO SOUTHERN CALIFORNIA EDISON COMPANY TO SUPPLY POWER TO A WELL SITE WITHIN THE RANCHO CALIFORNIA SPORTS PARK NEAR THE ENTRANCE AT MARGARITA ROAD) Authorize the City Clerk to forward the executed Grant of Easement to the County Recorder's Office for recordation. BACKGROUND: Rancho California Water District (RCWD) owns a small .21-acre parcel within the northeastern portion of the Rancho California Sports Park, adjacent to Margarita Road. RCWD operates and maintains a water well at this site. The pump that has been servicing the well for several years is gas operated. RCWD has re- equipped the well and converted to an electric motor to run operate the pump. The decision to replace the gas engine with the electric motor was based on several criteria. The new pump will be more efficient and less expensive to operate. Also, an electric motor is less noisy to run and does not emit gas fumes. RCWD needs electrical service to their well site in order to provide energy to function the new electric motor that operates the pump. Southern California Edison Company (SCE) is the utility company that provides electrical service within the City of Temecula. SCE needs an easement of approximately 1,823 square feet within the Rancho California Sports Park property in order to R:\RUSEP~AGENDAS\grant of easement-SCE for RCWD-RCSP.doc install underground conduit, wires, and appurtenant equipment necessary to supply power to the RCWD well site. The proposed easement area is within the driveway/parking lot adjacent to Margarita Road. The granting of the easement will not adversely affect the use of the Rancho California Sports Park or the public's ability to access the park. SCE's construction of the improvements will be coordinated through the Maintenance Division of the Community Services Department to ensure protection of our amenities. FISCAL IMPACT: There is no fiscal impact to the District through the Grant of Easement to Southern California Edison Company. ATTACHMENTS: Resolution No. 03- Grant of Easement to Southern California Edison Company R:\RUSEP~AGENDAS\grant of easement-SCE for RCWD-RCSP.doc RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT AUTHORIZING THE GRANT OF EASEMENT FOR ELECTRICAL SUPPLY SYSTEMS TO SOUTHERN CALIFORNIA EDISON COMPANY TO SUPPLY POWER TO A WELL SITE WITHIN THE RANCHO CALIFORNIA SPORTS PARK NEAR THE ENTRANCE AT MARGARITA ROAD) THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: a. Rancho California Water District ("District") owns an approximately .21- acre parcel (Assessor's Parcel Number 945-050-015) within the Rancho California Sports Park, and b. District owns, operates and maintains a water well station located on Assessor's Parcel Number 945-0500-015, and c. District needs additional electrical service to their site in order to power a new electric motor to operate a water pump, and d. Southern California Edison Company ("SCE") is the local utility company providing electrical service within the City of Temecula, and e. SCE requires an easement over property owned by the City of Temecula Community Services District commonly known as the Rancho California Sports Park (Assessor's Parcel Number 945-050-014) in order to provide an underground electrical supply system to service the well site. NOW, THEREFORE, BE IT RESOLVED, that the City of Temecula Community Services District hereby approves a grant of easement as identified on Exhibits "A" and "B" to Southern California Edison Company. PASSED, APPROVED, AND ADOPTED, by the Board of Directors of the City of Temecula Community Services District at a regular meeting held on the 28th day of October 2003. ATTEST: Jeff Comerchero, President Susan W. Jones, CMC, City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of October 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk RECORDING REQUESTED BY An EDISON INTERNATIONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Corporate Real Estate 14799 Chestnut Street Westminster, CA 92683-5240 Attn: Distribution / TRES SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT AND CONSIDERATION LESS THAN $100.00) San Jacinto Valley 6477-2089 1-2177 $10. OF i~C[.~/tANT OR A~e[- ~rj,.Mi~NG T~( Fi~OM i~M E ~ 945-050'014 a~M.COR~O~T~F~TA~ SLS/SP 07/25103 CITY OF TEMECULA COMMUNITY SERVICE DISTRICT (hereinat~er referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconsta'uct, inspect and remove at any time and fi'om time to time underground electrical supply systems and commnincatinn systems (hereinafter referred to as "systems"), cunsisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above- ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of Riverside, State of California, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor agrees for himnelf, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other stmctores except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to taSm or cut tree roots as may endanger or interfere with said systems and shall have flee access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXECUTED this __ day of ,20__. GRANTOR CITY OF TEMECULA COMIvIUNITY SERVICE DISTRICT Signature Print Name Title Signature Print Name Title STATE OF CALIFORNIA ) COUNTY OF ) On , 20~ before me, a Notary Public ia and for said State, 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 capacities, and that by his/her/their sigmture(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed thc iastsumenC WITNESS my hand and official seal. Signature of Notary STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , 20~ before me, a Notary Public ia and for said State, 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 wJthin iasmmaent and acknowledged to me that he/she/they executed the same ia his/her/their authorized capacities, and that by his/her/their signature(s) on the iasmanent 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 2 DSE0380933 6477-2089/1-2177 EXHIBIT "A" A 6.00 FOOT WIDE STRIP OF LAND LYING WITHIN THAT CERTAIN PARCEL OF LAND SITUATED IN THE INCORPORATED TERRITORY OF THE CITY OF TEMECULA, BEING THAT PORTION OF THE RANCHO CALIFORNIA SPORTS PARK PER INSTRUMENT NO. 210181 DATED JUNE 7, 1990 OF OFFICIAL RECORDS, 1N THE OFFICE OF THE COUNTY 1LECORDER OF SAID COUNTY, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF RANCHO VISTA ROAD, 88.00 FEET WIDE, WITH THE CENTERLINE OF MARGARITA ROAD, 110.00 FEET WIDE, SAID INTERSECTION BEING SHOWN ON MAP OF TRACT NO. 20079-3, AS PER MAP FILED 1N BOOK 150, PAGES 41 THROUGH 46 OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE CENTERLINE OF MARGARITA ROAD, SOUTH 42°28'21" EAST 447.05 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE OF MARGARITA ROAD, SOUTH 47031'39'' WEST 55.00 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SAID MARGARITA ROAD, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF PARCEL 3 OF THE DEED TO RANCHO CALIFORNIA WATER DISTRICT, RECORDED ON JUNE 19, 1995 AS INSTRUMENT NO. 196255 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 3, SOUTH 47o31 '39" WEST 42.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH SAID CENTERLINE OF MARGARITA ROAD, SOUTH 42°28'21'' EAST 30.94 FEET; THENCE PARALLEL WITH SAID SOUTHEASTERLY LINE OF PARCEL 3, SOUTH 47o31'39'' WEST 108.00 FEET; THENCE PARALLEL WITH SAID CENTERLINE OF MARGARITA ROAD, NORTH 42°28'21" WEST 13.00 FEET. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINTS. FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DSE0380933 647772089/1-2177 SCALE: N 1"=100' EXHIBIT "B" RAN('HO ('ALIF()I/NIA SPORTS PARK INSt. ~450305 O,R. 12-12-90 85' pER 8.0.S. 55/61-64 VICINITY MAP NO SCALE LEGEND DENOTES EASEMENT AREA P.O.C. = POINT OF COMMENCEMENT T.P.O.B. = TRUE POINT OF BEGINNING kMl.,( 1 I..A VAI,LEY x ,, HIGH S( HOOf, P4R(~EL 3 108.00' PARCEL 2 30,94' £ HO ( ALII4}RNIA SPORTS PARK {\ST. #210181 ().it. 6-7-90 ITEM 4 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE ~ I CITY MANAGER CITY OF TEMECULA AGENDA REPORT Board of Directors Herman Parker, Director of Community Service~ October 28, 2003 Grant of Easement in Favor of Southern California Edison in Order to Supply Power to a Personal Communications Services Facility PREPARED BY: ~'~' Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT AUTHORIZING THE GRANT OF EASEMENT FOR ELECTRICAL SUPPLY SYSTEMS TO SOUTHERN CALIFORNIA EDISON COMPANY TO SUPPLY POWER TO A PERSONAL COMMUNICATIONS SERVICES FACILITY (WITHIN THE RANCHO CALIFORNIA SPORTS PARK NEAR THE ENTRANCE AT MARGARITA ROAD) Authorize the City Clerk to forward the executed Grant of Easement to the County Recorder's Office for recordation. BACKGROUND: On April 23, 2002, the City Council approved a ground lease agreement with Pacific Bell Wireless, LLC, dba Cingular Wireless (Cingular) for the installation of a wireless Personal Communications Services (PCS) facility at Rancho California Sports Park. The leased property is adjacent to the north/south fields near the driveway into the park from Margarita Road. Southern California Edison (SCE) has an existing transformer within the park north of the leased property and across the driveway entrance. SCE requires an easement in order to lay conduit and pull wires from the transformer to the PCS equipment. Cingular has been using a generator at the park to power its equipment for several months while the easement documents have been prepared. Approval of the grant of easement will allow SCE to provide service to the PCS R:\RUSEP~AGENDAS\grant of easement-SCE for Cingular-RCSP.doc equipment and Cingular will be able to remove the generator from the site. Removal of the generator will make the site more aesthetically pleasing and reduce noise pollution in the park. The granting of the easement will not adversely affect the use of the Rancho California Sports Park or the public's ability to access the park. SCE's construction of the improvements will be coordinated through the Maintenance Division of the Community Services Department to ensure protection of our amenities. FISCAL IMPACT: There is no fiscal impact to the District through the Grant of Easement to Southern California Edison Company. ATTACHMENTS: Resolution No. 03- Grant of Easement to Southern California Edison Company R:\RUSEP~AGENDAS\grant of easement-SCE for Cingular-RCSP.doc RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT AUTHORIZING THE GRANT OF EASEMENT FOR ELECTRICAL SUPPLY SYSTEMS TO SOUTHERN CALIFORNIA EDISON COMPANY TO SUPPLY POWER TO A PERSONAL COMMUNICATIONS SERVICES FACILITY (WITHIN THE RANCHO CALIFORNIA SPORTS PARK NEAR THE ENTRANCE AT MARGARITA ROAD) THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the City of Temecula Community Services District does hereby find, determine and declare that: a. On April 23, 2002, the City Council approved a ground lease agreement with Pacific Bell Wireless, LLC, dba Cingular Wireless (Cingular) for the installation of a wireless Personal Communications Services (PCS) facility at Rancho California Sports Park; and b. The Lessee is in need of an electrical power source at the site of its equipment in order to operate the PCS system; and c. Southern California Edison Company ("SCE") is the local utility company providing electrical service within the City of Temecula, and d. SCE requires an easement over property owned by the City of Temecula Community Services District commonly known as the Rancho California Sports Park (Assessor's Parcel Number 945-050-014) in order to provide an underground electrical supply system to service the Personal Communications Services facility. NOW, THEREFORE, BE IT RESOLVED, that the City of Temecula Community Services District hereby approves a grant of easement as identified on Exhibits "A" and "B" to Southern California Edison Company. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecura at a regular meeting held on the 28th day of October 2003. ATTEST: Jeff Comerchero, President Susan W. Jones, CMC, City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of October 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk RECORDING REQUESTED BY An EDISON INTERNATIONAL Company WHEN RECORDED MAIL TO SOUTHERN CAEFORNIA EDISON COMPANY Corporate Real Estate 14799 Chestnut Street Westmln~ter, CA 92683-5240 Atla: DistributionfrRES SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT DOCUMENTARY TRANSFER TAX $ NONE (VALUE DISTRIGT I WO~V~ ORDER AND CONSIDERATION LESS THAN $100.00) Sa~ Jac~to Vallcy 6477-2040 S~O. OFO~C~OR~rm~N~.~T~X F~P~U~E ~P" 945-050-014 2-2395 SLS/SM 09/15/03 CITY OF TEMECULA COMMUNITY SERVICE DISTRICT (hereinafter referred to as "Grantor"), hereby grants tn SOUTHERN CALIFORNIA EDISON COMPANY, a cerpomtion, its successors and assigns (hereinafrer referred to as "Grantee"), an easement and fight of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect end ~nnove at eny time end from time to time underground electrical supply systems end communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, hendholes, and including above- ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy end for transmitting intelligence by electrical means, in, on, over, under, across end along that certain real property in the County of Riverside, State of California, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Cede. Grantor ag~es for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of eny building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, end its contractors, agents end employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems end shall have flee access to said systems and every part thereof, at all times, for the pta-pose of exercising the rights herein granted; provided, however, that in making eny excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, end shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXECUTED this day of ,20~. GRANTOR CITY OF TEMECULA COMMUNITY SERVICE DISTRICT Signature Print Name Title Signature Print Name Title STATE OF CALIFORNIA ) COUNTY OF ) On , 20~ before me, a Notary Public in and for said State, 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 capacities, and that by his/her/their signature(s) on the insmunent 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 STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , 20~ before me, a Notary Public in and for said State, 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 w~thin insmunent and acknowledged to me that he/she/they executed the same in his/her/their authorized capacities, 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 2 DSE0390297 6477-2040/2-2395 EXHIBIT "A" A 6.00 FOOT WIDE STRIP OF LAND LYING WITHIN THAT CERTAIN PARCEL OF LAND SITUATED IN THE INCORPORATED TERRITORY OF THE CITY OF TEMECULA, BEING THAT PORTION OF THE RANCHO CALIFORNIA SPORTS PARK PER INSTRUMENT NO. 210181 DATED JUNE 7, 1990 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF RANCHO VISTA ROAD, 88.00 FEET WIDE, WITH THE CENTERLINE OF MARGARITA ROAD, 110.00 FEET WIDE, SAID INTERSECTION BEING SHOWN ON MAP OF TRACT NO. 20079-3, AS PER MAP FILED IN BOOK 150, PAGES 41 THROUGH 46 OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE CENTERLINE OF MARGARITA ROAD, SOUTH 42°28'2l" EAST 477.99 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE OF MARGARITA ROAD, SOUTH 47°31 '39" WEST 205.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH SAID CENTERLINE OF MARGARITA ROAD, SOUTH 42028 '21" EAST 50.00 FEET. FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. 3 DSE0390297 6477-2040 / 2-2395 SCALE: 1 '% 100' ~ '., ' ', J VICINITY MAP ~ ~ ~/' / / LEGEND , ,V,.o.o.? ~ AREA '1RA([' ~O. 2(1tI?~3 P.O.C. = POINT OF MA{. 1~0/41-4d / ~ COMMENCEMENT ' ~ ~ xx TEMECU1,A VALLEY I~-J2-90 , 60' T.P.O.B.- RANCHO CALIFORNIA iNST. ~210181 O.R. 6~7-90 ITEM 5 APPROVAL/~. CITY ATTORNEY DIRECTOR OF FINANCI= CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Service~, October 22, 2003 Acceptance of Landscape Bonds and Agreements for Tract Map No. 29639-2; Harveston LLC PREPARED BY: .~RECOMMENDATION: Barbara Smith, Management Analyst That the Board of Directors: 2. 3. 4. Accept the agreement and surety bonds from Harveston, LLC to improve the perimeter slopes and parkways along Date Street and Ynez Road within Tract Map No. 29639-2. Accept the agreement and surety bonds from Harveston, LLC to improve the landscaped medians on Date Street and Ynez Road within Tract Map No. 29639-2. Accept the agreement and surety bonds from Harveston, LLC to improve the perimeter slopes along the interior Loop Road within Tract Map No. 29639-2. Accept the agreement and surety bonds from Harveston, LLC to improve the Community Park within Tract Map No. 29639-2. BACKGROUND: Pursuant to the conditions of approval for Tract Map No. 29639, Harveston, LLC is proposing to improve landscaped medians and certain pedmetar slopes and landscaped parkways adjacent to Date Street and Ynez Road, as well as the intedor Loop Road along Harveston Drive. In addition, the developer is proposing to improve and deed to the City a 19.5-acre community park. Once the landscaping is installed and the Temecula Community Services District (TCSD) has approved these landscaped areas TCSD will take over the maintenance responsibilities of the proposed landscaped improvements within Tract Map No. 29639-2. To insure that the slopes/parkways, landscaped medians and community park are constructed to City standards, the developer is normally required to post securities to improve these areas based upon the approved landscape/irrigation plans and the certified construction cost estimates for the improvements. R:Xsmithb\Bonds\Staff Tract 2~639-2 Ha~eston.doc As a result, Harveston, LLC has entered into an agreement with the City and has provided surety bonds, issued Fidelity and Deposit Company of Maryland, as follows: .Slopes and Parkway Landscapinq Along Date Street and Ynez Road: 1. Faithful Performance Bond No. 0871 9224 in the amount of $346,749.15. 2. Labor and Materials Bond No. 0871 9224 in the amount of $173,374.58. 3. Warranty Bond No. 0871 9224 in the amount of $34,674.92. .Landscaped Medians within Date Street and Ynez Road: 1. Faithful Performance Bond No. 0871 9223 the amount of $169,703.01. 2. Labor and Materials Bond No. 0871 9223 in the amount of $84,851.50. 3. Warranty Bond No. 0871 9223 in the amount of $16,970.30. Interior Loop Road Aion.q Harveston Drive: 1. Faithful Performance Bond No. 0871 9225 in the amount of $405,331.66. 2. Labor and Materials Bond No. 0871 9225 in the amount of $202,665.83. 3. Warranty Bond No. 0871 9225 in the amount of $40,533.17. 1. Faithful Performance Bond No. 929 285 585 in the amount of $5,386,086.00. 2. Labor and Materials Bond No. 929 285 585 in the amount of $2,693,043.00. 3. Warranty Bond No. 929 285 585 in the amount of $538,608.60. Upon completion and acceptance of the improvements by the TCSD, staff will recommend the appropriate release or reduction of the bonds. FISCAL IMPACT: None. The cost of construction for the perimeter slopes, landscaped medians and Community Park will be borne by the developer. ATTACHMENTS: Vicinity Map Agreement/Bonds. R: \smithb~Bonds\Staff Tract 29639-2 Harvesion,doc Bond No, 0871 9224 Premium: $2,427.00 CITY OF TEMECULA PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND WHEREAS, the City of Temecula, State of California, and Harveeton LLC (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, datedd~CTt'C~'~r- ~ 200 3, and identified as Project ~Tract 29639-2 Date Street & Ynez Road Parkways , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; Fidelity and Deposit NOW, THEREFORE, we the Principal and ¢omvany of Mar'~l~nllS surety, are held and fa'rely bound unto the City of Temecula, California, in the penal sum of $ 346,769.15 lawfifl money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their tree intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration Or addition to the terms of the Agreement or the work or to the specifications. /// IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on October I , 2003 SURETY FIDELITY AND DEPOSIT CoMpANY OF MARYLAND Patrtcta H. Brebner Attorney-in-Fact criTtE) PRINCIPAL HARVESTON LLC By: Lennar Homes of California, Inc. Vice President (TrrLE) Dee Baker Assistant Secretary (TITLE) APPROVED AS TO FORM: Peter Thorsen City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of .California County of ,Oran,qe On October 2 2003 before me, Gordon J. Peterson, personally appeared Emile Haddad and Dee Baker, personally known to me to be the persons names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness m/y~and and official seal. GORDON J, PETERSON Commission # 1335380 No~ PubLic - Cali~rnia Orange CounW OPTIONAL , Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER Em e Haddad - Vice President Dee Baker - Assistant. Secretary SIGNER IS REPRESENTING: Lennar Homes of California, Inc. .Lennar Homes of Califomia, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: _Faithful Performance Bond No. 0871 9224 Number of Pages: .Two (2) Date of Document: _October 1, 2003 Signers (other than those named above): .Patric a H. Brebner ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On Oct:ober 1, 2003 beforome, EhondaC. Abel, Nota.,TPublic DATE NAME, TI'n.E OF OFFICER. E.G., "JANE DOE, NOTARY PUSLIC" personally appeared Patricia H. Brebner No. 5907 NAME(S) OF SIGNER(S) [] 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(les), 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. OMM, # }312777 COMM. EXp. AUG. 9 2005 WITNESS my hand and official seal. SIGNATURE OF NOTARY- OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT Tm.E(S) [] PARTNER(S) ~ LIMITED GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OFPAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES ) DATEOFDOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 © lgg3 NATIONAL NOTARY ASSOCIATION · 8236 Remrnet Ave. Bond No. 0871 9224 PremiumLincluded in performance bond CITY OF TEMECULA PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND WHEREAS, the City of Temecula, State of California, and Harveston LLC , (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated (~L~L>V'2~:V- ~ 200._~,~ and identified as Tract 29639-2 ' Project Date Street & Ynez Road , is hereby referred to and made a part hereof; and Parkways WHEREAS, under the term of said Agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Temeenla, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 0fDiyisiun 3 of the Civil Code of the State of California; and Fidelity and Deposit Company NOW, THI~REFORE, we the principal and of 14aryland as Surety, are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, other persons employed in the performance of the aforesaid Agreement and referred to in Title 15 of the Civil Code, in the penal sum of $ 173,374. ,5 ~awful money of the United States, for materials fitmished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount set forth. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. It is hereby expressly stipulated and agreed that this bond shall insure to thc benefit of any and all persons, companies and corporations entitled to file claims under Title 15 -1. (commencing with Section 3082) of Pan 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. ff the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN W1TN~SS WHEREOF, this instrument Ires been duly executed by the Principal and Suretyabovenamechon October 1 , 2003 . (S~) (S~) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Patricia g. Brebner (Name) Attorney-in-Fact (Title) APPROVED AS TO FORM: HARVESTON LLC By: Lennar Homes.of California, Inc. its administrative member (Name) Vice President (Title) Dee Baker (Name) Assistant Secretary (T~tle) Peter Thorson, City Attorney -3- CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of _California County of O~ran(~e On October 2 2003 before me, Gordon J. Peterson, personally appeared Emile Haddad and Dee Baker, personally known to me to be the persons whos names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witne~ss my~..~d and official seal. Public -C~,li[orrli~ ~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER _Emile Haddad - Vice President pee Baker - Assistant. Secretary SIGNER IS REPRESENTING: .Lennar Homes of California, Inc. Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: .Labor and Materials Bond No. 0871 9224 Number of Pages: ..Three (3) Date of Document: October 1, 2003 Signers (other than those named above): patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califoraia County of Onmgc On October 1, 2003 DATE personally appeared Patrlcia H. Brebner before me, Rhonda C. Abel, Notary Public NAME, TITLE OF OFFICER - E.G,, 'JANE DOE, NOTARY PUBLIC' No. 5907 NAME(S) OF SIGNER(S) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ars subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), 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. ~ ~-~;~L~-' OTAR¥ PUBLIC-CALIFORNiA~ o WITNESS my hand and official seal. OPTIONAL, Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) [] PARTNER(S) ~ LIMITED GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S~I067/GEEF 2/98 © 1893 NATIONAL NOTARY ASSOCIATION · 82361 Bond No. 0871 9224 Premitm included in perfomance bond CITYOFTEMECULA PARKLAND/LANDSCAPE WARRANTy BOND WHEREAS, the City of Temecula, State of California (hereinafter designated as "City"), and Itarves ton LLC (hereinafter demgnated as Principal' ) have entered into an Agreement whereby Principal agrees to install and completc certain designated Parkland Improvements, which said Agreement, dated _~-YC2t"'~V- ~ 20C)~ and Tract 29639-2 / -. , identified as Project Date Street & Ynez Road is hereby referred to and made a Parkways part hereof; and WHEREAs, Principal is required to warranty the work done under the terms of the Agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished, in the amount of ten percent (10%) of the estimated cost of the improvements; Fidelity and Deposit Company NOW, THEREFORE, we the Principal and of biaryland as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $. 34,674.92 , lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigas shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the m.nner therein specified, and in all respects according to his or their tree intent and meaning, and shall indemnify and Save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. Aa a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs · and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on October 1 ,2003 (so ) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Patricia H. Brebner (Namc) Attorney-in-Fact (Title) APPROVED AS TO FORM: HARVESTON LLC By: Lennar Homes of California, its' administrative member (Name) Vice President (Title) Dee Baker (Name) Assistant Secretary (Title) Inco Peter Thorson, City Attomey 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oran,qe On October 2 2003 before me, _Gordon J. Peterson, personally appeared Emile Haddad and Dee Baker, personally known to me to be the names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witnei~3~d and official seal. PE'f ERSON ~ _.t~'%~ Commissior~ # 1335380 zz ~ No[ary Pubhc- California OPTIONAL , Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Emile Haddad - Vice President Dee Baker - Assistant. Secretary SIGNER IS REPRESENTING: .Lennar Homes of California, Inc. Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: .Warranty Bond No. 0871 9224 Number of Pages: Three ('3) Date of Document: October 1, 2003 Signers (other than those named above): .Patdcia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orate On _ Oct ob er 1, 2003 before me, Rhonda C. Abel, Notary Public DATE NAME, TrrI.E OF OFRCER- E.G., 'JANE DOE, NOTARY PUBLIC" personally appeared Pa~cia ti. Brebner No. 5907 NAME(S) OF SIGNER(S) [] personally known to me - OR. [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ars subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), 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. COMM. # 13'12777 EXP. AU . WITNESS my hand and official seal. SIGNATURE OF NOTARY I OPTIONAL, Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF A'Iq'ACHED DOCUMENT Tnl. E(S) [] PARTNER(S) ~ LIMITED GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S} OR ENTITY(lES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 © 1993 NA31ONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-71~4 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, whichnm~, set forth on the reverse side hereof and are hereby certified to be in ful force and effect on the date hereof d~es~nate constitute appoint Patricia H. BREBNER, of Irvine, California, its true and lawfut ~ ~'o')"-~C~. 22~' and ...... ~ u~umrney.:m,-~t~ , to make execute, seal ann aeitver,/°r, and on its behalf as surety, and as i~~~kings and the execution of such bonds or undertakings in pursuan~~~n~pany' as fully and amply, to all intents and purposes, as if t~4-t~ ~'~;~i;?/e~ected officers of the Company at its office in Ba~)~.~~orney~r~-o-l~e~'that issued on behalf of Patricia HL~R~WCr o~ attorney revolves The said Assistant at · · ~everse side hereof is a true copy of Article VI, SecUon 2, of the By-~~ ,~v;~: ~ae nereor ~s a true IN WITNESS W~R~OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and ~?l~e~200~ Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4th day of February, AFl'EST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 7~ E. Smith Assistant Secretary By: Paul C. Rogers Vice President State of Maryland }ss: City of Baltimore On this 4th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duty sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. /N TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 ZURICH HIS IMPORTANT DIS NO C PART Ye eND Fidelity and Deposit Company of Maryland, Colon/al American Casualty and Surety Company, Zurich Americs~ Insurance Company, and American Ouarantee ~ Liability hsuranoe Comply ate mak/ng the followi~ infonnarional disclosures in compliance w/th The Terror/sm R/zk Insuran~ Act of 2002. No act/on is requ/red on your part. . Disclosure of Terrorism Premlur- The premium charge for risk of loss re.s~, ting from acts of terrorism as defined* the Act under thi · $__wa/v,,ed__. This amount is reflected m the total premium for this(l~nd, m ) . s bond is ~tscloanre of Availability of Coverage for Terrorism As required by rile Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from scts of ~ror/~n (as defined in the Act) with t~a~s, amounts, and limitations for losses arising from events other than acts of terrorism, that do not differ materially ss those Disclosure of Federal Share of l,,~,rsnco Companv'~Terrorlsm Tl~e Terrorism Risk Insurance Act of 2002 establishes a mechanism by which tl~ United Sta~ -- m~ ..... ia insm-~ce company losses rezultiug from acts 0f terrorism (as defined in the Aa) afar a insurance company h~ paid losses in excess of an annual aggregate deductible For 2002, the insurance compmy deduc~/ble is 1% of direct earned premium in Se l~/or year, for 2003, 7% of direct ~arned prermum in the pnor year;, for 2004, 10% of direct earned .premium in the prior year;, and for 2005, 15% of direct earned prom/urn in the prior year. The feder/fl share of an insurance comp., any,s losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to colkct a terrorism surcharge policyholde~-s. The Act does not currently provide for insurance indusiry ten-odsm losses/hat exceed $100 billion in any one calendar year. or United States government pm/cipation in Definition of. Act of Terrori~,:-- The Terrorism Risk Insurance A~ defines "act of terrorism" as any a~t that is certified by the Secmary of the Treasmy, in concurreace with the I. to be an Secretary of State and the Attorney General of the United States: ac~ of terrorism; 2. to be a violent act 3. or an act that is dangerous to huma~ life, propeW/or imhstrueture; to have re~ul, ted i~.damage with~, the Un/ted States, or ou~tde of the United States in the ease of an air carrier (as defined m section 40102 of t~tle 49, Un/ted 17 States Code) or a Un/ted States fhg vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to re,relation in the Un/tea States), or the premises of~s United States mission; and 4. ~o have been committed by an lndi ~dual or individuals ~cting on behalf of any foreign person or foreign interest as part of au effort to coerce the vman popuhtlon of the United States or to influence the policy or sffect tho conduct of the Uni~l Sram ~ovemmm~ by coemion. But, no act shall be certified by the Secretary as an act of terrorism if · dec .1~t. by Co~gress (except for workers' co ......... the .act is communed as part of the course ~, These disclosures are informational only and do not modl~ your bond or'affect your rights nnder th~ bond. Copyright Zur/ch Am~0an Insurance Company 200~ CITY OF TEMECULA _pARKLAND / LANDSCAPE IMPROVEMENT AGREEMENT DATE OF AGREEMENT: NAME OF SUBDIVIDER: October 3, 2003 Harveston, LLC (Referred to as "SUBDIVIDER") NAME OF SUBDIVISION: Harveston (Referred to as "SUBDIVIDER") TRACT NO.: 29639-2 TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 01-73 (Referred to as "Resolution of Approval") PARKLAND IMPROVEMENT PLANS NO.: CSD03-0041 ESTIMATED TOTAL COST OF PARKLAND IMPROVEMENTS:S_ 346,749.15 COMPLETION DATE:, 10-3-05 NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: Fidelity and Deposit Company of Maryland 0871 9224 NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: Fidelity and Deposit Company of Maryland 0871 9224 NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: Fidelity and Deposit Company of Maryland 0871 9224 This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER, RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required, as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland/Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement by Parkland/Landscaping Improvement Secudty required by 2 the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape Improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its obligation under this Agreement, ,including, but not limited to, SUBDI¥1DER'S obligation to complete construction of 3 Parkland/Landscape Improvements by the Completion Date. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOT, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obliqations to Construct Parkland/Landscapin!l SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of the City of Temecula. Subdivider shall post a copy of such wage rates at the job site and shall 4 pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less, than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. c. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: d. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. e. Except for easements or other interested in real property to be dedicated to the Homeowners Association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights- of-way, easements and other interests in real property for construction or installation of the Parkland/Landscape Improvements, free and dear of all liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-sita rights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acauisition and Dedication of Easements or Riqhts-of-Way~ If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of- way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and 6 b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the Improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the secudty documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any secudty is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former secudty may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10% of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for o faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. .Inspection and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the Director of Community Services, or the Director of Community Service's authorized representative. If the Director of Community Services, or the designated representative, determine that the work has been completed in accordance with this Agreement, then the Director of Community Services shall certify the completion of the Improvements to the Board of Directors. b. SUBDIVIDER shall continue Parkland/Landscape to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be finally accepted unless the maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. 6. R~elease of Securities. Subject to approval by the Board of Directors of the Community Services District of the CITY, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less that 25% of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total Parkland/Landscape Improvement Security given for faithful performance until expiration of the maintenance pedod and final completion and acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security, which would reduce such secudty to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonable determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the secudty shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all work and improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 7. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision 10 monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. _Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER a. default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely Commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely commence construction of the Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this Agreement. 11 b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY shall have the right, subject to his section, to drew upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the Parkland/Landscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess cost or damages occasioned CITY thereby; and, in such event, CITY without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plan and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. 12 c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in secudng performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant this Agreement for a pedod of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after CITY acceptance of the last completed improvement. If within the warranty pedod any work or improvement or part of any work or improvement done, fumished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Parkland/Landscape Improvement Plans and 13 specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not Aqent of City. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Iniury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. ~ Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entedng into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to 14 the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obliqation to Warn Public Durinq Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vestin_q of Ow~ Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. .F. inal Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Parkland/Landscape Improvements. This indemnification and 15 Agreement to hold harmless shall extend to injudes to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Parkland/Landscape Improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and the CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provision of this paragraph. 16 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. Time o.f the Essence. Time is of the essence of this Agreement. 20. Time for Completion of Work Extensions. SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than :t0-3-05 · In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any secudty given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to fumish new secudty guaranteeing 17 performance of this Agreement as extended in an increased amount as necessary to compensate for an increase in construction costs as determined by the Director of Community Services. 21. No Vestin of Ri hts. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change in any zoning or building law or ordinance. 22. Notices. All notices required or provided for under this Agreement shall be in wdting and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Clerk City of Temecula 43200 Business Park Ddve P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: Harveston, LLC 391 North Main Street, Suit~ 301 Corona, CA 92880 909-817-3600 23. .Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 18 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. ~tration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Le al Res onsibilities. The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this section. 28, Entire Aqreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties, In the case of the CITY, the appropriate party shall be the City Manager. 19 IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its . Mayor. SUBDIVIDER Name: Tom Banks Title: Vice President CITY OF TEMECULA By:. Name: Title: Name: Cin~ Thompson Title: As~ Secretary (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) A'I-I'EST: By: Susan W. Jones, CMC, City Clerk RECOMMENDED FOR APPROVAL: By: Name: City Engineer Name: Director of Community Services APPROVED AS TO FORM: By: Peter Thorson City Attorney 20 California All-Purpose Acknowledgment STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE' ) On October 3, 2003 before me, Dee Baker, Notary Public, personally appeared Tom Banks and Cindy Thompson personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. Dee Baker, Notary Public Description of Attached Document Title or Type of Documem: _ Improvement Agreement Document Date:. October 3, 2003 Signer(s) Other Than Named Above: City of Temecula Parkland/Landscape Improvemenl - Date Street & Ynez Road Number of Pages: _. EXHIBIT A (Attach the basis for the estimate of the cost of improvements.) 21 JUTE LAWN SOIL BARK CONCP, J~rt~ CONTROL CONTROL FLOW ME'i~_R BASKET STIhNR KBI B.P.U PREaS.RE~. R.C.V. RAINBIRD API QUICK DURA B/VALVE BOWSMITH POLYTUBE MICROTUBE STRM RTR 12" RISER SPRAy HEAD RAINBIRD LATERAL HARVES'"")N DATE AND YNEZ PARKW Y PHASE II 01-153 ~' BUDGET ESTIMATE DESCRH'TION QUANTITY UNIT PRICE TOTAL 84" BOX 0 EA. 4,000.00 0.00 72" BOX 0 EA. 2,500.00 0.00 48" BOX 0 EA. 1,000.00 0.00 36" BOX 0 EA. 600.00 0.00 24" BOX 433 EA. 225.00 97,425.00 15 GAL 546 EA. 75.00 40,950.00 5 GAL 4739 EA. 16.00 75,824.00 1 GAL 911 EA. 5.00 4,555.00 NE'i'rlNG 0 S.F. 0.12 0.00 HYDROSEED 55563 $.F. 0. I0 5,556.30 CLEAR/V~ ~.~.D 231300 $.F. 0.03 6,959.00 GRADE/AMEND 55583 S.F. 0.10 5,558.30 175717 $.F. 0.15 26,357.55 MOW STRIP 33 L.F. 2.95 97.35 PLANTING SUB-TOTAL 263,262.50 4O STATION 24 STATION I 1/4 INC~I I 1/2 INCH CHFL"K VALVE 1 INCH 1 INCH lINCH 1-1/2 INCH PRS REG 3/4 WYE STRNR END PLUSH CAP 2 INCH 1-1/2 INCH EMITTER RAIN GUAGE 4PGM PGM 12 PGM 12 RISER 6 POP-UP 4 POP-UP 2 INCH 1 1/4 INCH 1 INCI'I 2 INCH 1-1/2 INCH 1-I/4 INCTI 3/4 INCH I EA. 8,029.00 8,029.00 I EA. 5,496.00 5,496.00 I EA. 535.00 535.00 I EA. 300.00 300.00 68 EA. 7.50 510.00 I EA. 250.00 250.00 1 EA. 65.00 65.O0 0 EA. 35.00 0.00 34 EA. 75.00 2,550.00 23 EA. 12.00 276.00 23 EA. 20.00 460.00 81 EA. 30.00 2,430.00 132 EA. 3.50 462.00 7 EA. 30.00 210.00 0 EA. 25.00 0.00 13877 EA. 0.70 9,713.90 0 EA. 42.00 0.00 0 L.F. 0.80 0.00 0 L,F. 0.04 0.00 0 EA. 16.00 0.oo 0 EA. 15.00 0.00 0 EA. 30.00 0.00 0 EA. 6.00 0.00 2146 EA. 6.00 12~876.00 0 EA. 4.00 , 0.00 7918 L.F. 2.25 17,815.50 0 L.F. 1.50 0.00 220 L.F. 1.25 i~275.00 200 L.F. 1.75 350.00 200 L.F. 1.60 320.00 285 L.F. 1.40 399.00 250 L.F 1.20 300.00 26565 L.F. 1.05 27,893.25 0 L.F. 0.90 0.00 IRRIGATION SUBTOTAL 83,496.65 PLANTING AND IRRIGATION TOTAL 346,749.15 MAHvI'ENANCE/MONTH 231,300.00 S.F. 0,015 3,469.50 C.~D0~O041 Bond No. 0871 9223 ~ Premium: $1,188.00 CITY OF TEMECULA PARKLAND/LANDSCAPE FAITHFUL PERFoRMANcE BOND-- WHEREAS, the City of Temecula, State of California, and }tarveston LLC (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland hnpmvements, which said Agreement, dated~C_~a'O~v-- ~ 20~)~=,, and identified as Project Tract 29639-2, D~ate Ynez TCSD Medians , is hereby referred to and made a part hereof; and WHEREAS, Principal s required under the terms of thc Agreement to furnish a bond for i ' the Faithful Performance of the Agreement; Fidelity and Deposit NOW, THEREFORE, we the Principal and Company. of liar~.l ~-Its surety, are held · and firmly bound unto the City of Temecula, California, in the penal sum of $ 169,703.01 lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that thc obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their tree intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully caforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and'agrcos that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. /// IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and above llamed, on October I , 2003 SURETY FIDELITY AND.DEPOSIT CoMpANY OF MARYLAND Patricia H. Brebner 0~AM~) Attorney-in-Fact crrrLE) PR~C~AL HARVESTON LLC 'By: Lennar ~mem of California, ~Inc. ite~istra~ve member Emile Hfiddad ~AM~) Vice President CnTLE) BY: % _~A Dee Baker Assistant Secretary (TITLE) APPROVED AS TO FORM: Peter Thorsen City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of ,Oranqe On October 2 2003 before me, Gordon J. Peterson., personally appeared Emile Haddad and Dee Baker, personally known to me to be the persons v names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witn~nd and official seal. GORDON J. pETERSON ~, Commission # 1335380 [z No~ Public- Cali~rnia ~ Orange Coun~ [ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Emile Haddad - Vice President Dee Baker - Assistant. Secretary SIGNER IS REPRESENTING: Lennar Homes of California, Inc. Lennar Homes of California, Inc: DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Faithful Performance Bond No. 0871 9223 Number of Pages: .Two (2) Date of Document: October 1, 2003 Signers (other than those named above): .Patricia H. Brebner CAL, IFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CaHforaia County of Orange On October 1, 2003 DATE before me, RhondaC. Abel, Notary Public personally appeared Patricia H. Brebner NAME, Tm-E OF OFRCER - E.G., 'JANE DOE, NOTARY PUBLIC, No. 5g07 NAME(S) OF SIGNER(S) [] 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(les), 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. OPTIONAL, Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT 'nTL~(S) [] PARTNER(S) ~ LIMITED GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) DATE OFDOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S.-4067/GEEF 2/98 © 1993 NA3~ONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Sox 7184 · Canoga Pa~, CA 91309-7184 Bond No. 0871 9223 Premium included in performance bond CITY OF TEMECULA PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND WHEREAS, the City of Temeeula, State of California, and Harveston LLC · (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete eettain Parkland Improvements, which said Agreement, dated C]~.-~F'- ~ 20.O~, and identified as Tract 29639-2 " ' ' Projec[ Date Ynez TCSD l'ledians , is hereby referred to end made a part hereof; and WHEREAS, under the term 'of said Agreement, Principal is required before entering upon the porform~ee of the work, to file a good and sufficient payment bond with the City of Temecula, to secure the clalmn to which reference is made in Title 15 (commencing with Section 3082) of Part 4 0fDivision 3 oftha Civil Code of the State of California; and Fidelity and Deposit Company NOW, THEREFORE, we the principal and of lfaryland as Surety, are held and fimaly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, other persons employed in the performance of the aforesaid Agreement and referred to in Title 15 of the Civil Code, in the penal sum of $ 84,851.50, lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount set forth. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 -1- IN WITNESS WIIERF_OF, this instrument has been duly executed by the Ptln~ipal and Surety above named, on October 1 , 2003 (S~) (S~) FIDELIT~ AND DEPOSIT COMPANY OF MARYLAND Patricia H. Brebner (Name) Attorney-ia-Fact (Title) ~ARVESTON LLC By: Lennar Homes.of California, its administrative member. (Name) Vice President (Title) Dee Baker Assistant Secretary. (Title) Inc. APPROVED AS TO FORM: Peter Thorson, City Attorney -3- CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranqe On October 2, 2003 before me, Gordon J. Peterson., personally appeared Emile Haddad and Dee Baker, personally known to me to be the persons whos names are subscribed to the Within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my.~d~., and official seal. Commission # 1335380 Notary Public - Call[ornia Orange County OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Emile Haddad - Vice President Dee Baker - Assistant. Secretary SIGNER IS REPRESENTING: Lennar Homes of California, Inc. Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT' Type of Document: Labor and Materials Bond No. 0871 9223 Number of Pages: Three (3) Date of Document: October 1,2003 Signers (other than those named above): Patricia H. Brebner .. CAI.;IFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On October 1, 2003 beforeme, RhondaC. Abel, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Patdcia H. Brebner [] personally known to me - OR - [] NAME(S) OF SIGNER(S) 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. ~.2.I~e~ COMM. # 1312777 (~ ~I~J"~NOTA RY PUBLIC-CALIFORNIA ~,~ ORANGE COUNTY WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER 'nTLE(S) [] PARTNER(S) ~ [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: LIMITED GENERAL TITLE OR TYPE OF DOCUMENT NUMBER OFPAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION · 8236 Rernmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Bond No. 0871 9223 Prem/um included in performance bond CITYOFT~M~CULA PARKLAND~SCAPE WARRANTY BOND WHEREAS, the City of Temecula, State of Caiifomia (hereinafter designated as "City"), and Harveston LLC (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain desi~tmated Parkland Improvements, which said Agreement, dated ~¥~ ~_~ 200~-~ , and Tract 29639-2 identified as Project Date Ynez TCSD Merit_aris , is hereby referred to and made a part hereol~ and WHEREAS, Principal is required to warranty the work done under the terms of the Agreement for a period of one (1) year following acceptance thereof by City agaimt any defective work or labor done or defective materials furnished, in the mount of ten percent (10%) of the estinmted cost of the improvements; Fidelity end Deposit Company NOW, THEREFORE, we the Principal and of }{aryland as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $ 16, 970.30 , lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and admlnistmtors, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns shall in all things stand to, abide by, well and truly keep, and perform the ccvenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their tree intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; othervise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. 2 IN wI'rNESS WHERF~F, this instrument has been duly executed by the Principal and Surety above named, on 0etober 1' ,2003 FIDELITY AND DEPOSIT COMPANY OF MARYLAND ' Patricia H. Brebner (Name) Attorney-in-Fact (Title) HARVESTON LLC By: Lennar Homes of California, Inc. its administrative member Vice President (Title) By: Dee Baker (Name) Assistant Secretary (Title) APPROVED AS TO FORM: Peter Thorson, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On October 2, 2003 before me, Gordon J. Peterson, personally appeared Emile Haddad and Dee Baker, personally known to me to be the persons whos~ names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Emile Haddad - Vice President Dee Baker - Assistant. Secretary SIGNER IS REPRESENTING: Lennar Homes of California, Inc. Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Warranty Bond No. 0871 9223 Number of Pages: Three (3) Date of Document: October 1, 2003 Signers (other than those named above): Patricia H. Brebner Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland. by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company,_w.~xl~g~ set forth on the reverse side bereof a.nd. are hereby certified to be in full .force.and effect on the date here~ fc~d~s ~{/~[[0M~inate, constitute and appoint Patrlcla H. BREBNEP~ or Irvine, California, its true and law~fi~t~d~orfi~eycxi~-~, to make, execute, seal and deliver, for, and on its behalf as surety, and as its a~ ~'i~t[a~ ~X~alte~takings and the execution of such bonds or undertakings in pursua~nc~:llL'~,., ~l~'~a~.~a['-l~a~n said Company, as fully and amply, to all intents and purpo~~v~Uged by the regularly elected officers of the Company at its office in B aItit~C~~ower of attorney revokes that issued on behalf of Patricia Hrl~q!~,~i~_S~:~j~ The said Assistant ~f:c'~mr~~ ...... rever~ side hereof is a true copy of Article VI, Section 2, of the By-~y, and is now in force. IN WITNESS WHER1JOF~~o subseribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4th day of February, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary By: Paul C. Rogers Vice President State of Maryland }ss: City of Baltimore On this 4th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year Erst above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA-F 012-5025M ZURICH. .T. ,H!S IMPORTANT DISCLOS.URE NOTICE IS PART OE YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American l~uran~e Company, alld American Cmarantee and Liability Insurance Company are ~ the followin~ infonnagonal disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The prctnium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_.waiwd__. This amount is reflected in the total premium for this boa& D. Lsplosure of Availability o/Coverage for Te. rrorism Las~e.s As required by the Terrorism Risk Insurance Act of 2002, we have made availabl~ to you coverage for losses res~lting from acts of terrodam (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terwrism. Disclosure of Federal Share of Insursnce Comuanv's_Terrorism Lo.s.ses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which thc United Stat~ government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) afar a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in thc prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the Prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one cal~rghr year. Definition of Act of Terrorism The Terrorism R/sk Insurance Act defines "act of tearer/sm" as any act that/s tort/fled by the Secretary of the TreasurL in e, oncurreuee with the Secretary of State and the Attorney General of the United States~ 1, to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the U~ited States, or outside of the United States in the ca~e of an air carrier (as defined in section 40102 of tltle 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises ora United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreigI1 person or foreign interest as part of an effort to coerce the civilian population of the United States or to influance the policy or affect the oonduet of the United States Government by coercion. But, no act shall b~ ¢~lified by the Sev'retavd as an act of terrorism if the act is co~lnliv, ed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insuranoe losses resulting from the ac~ in the aggregate, do not exceed $5,000,000. These disolosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Z~u/ch Ameri~sn hsuran~e Company 2003 CITY OF TEMECULA PARKLAND I LANDSCAPE IMPROVEMENT AGREEMENT DATE OF AGREEMENT: NAME OF SUBDIVIDER: October 3~ 2003 Harveston, LLC (Referred to as"SUBDIVIDER") NAME OF SUBDIVISION: Harveston (Referred to as"SUBDIVIDER") TRACT NO.: 29639-2 TENTATIVE MAp RESOLUTION OF APPROVAL NO.: 01-73 8-14-01 (Referred to as "Resolution of Approval") PARKLAND IMPROVEMENT PLANS NO.: CSD03-0037 ESTIMATED TOTAL COST OF PARKLAND IMPROVEMENTS:$ COMPLETION DATE: 10-3-05 NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: Fidelity and Deposit Company of Maryland 0871 9223 169,703.01 NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: Fidelity and Deposit Company of Maryland 0871 9223 NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: Fidelity and Deposit Company of Maryland 0871 9223 This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required, as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland/Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement by Parkland/Landscaping Improvement Secudty required by 2 the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape Improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape Improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CiTY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. As a result, CiTY will be damaged to the extent of the cost of installation of the Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its obligation under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of 3 Parkland/Landscape Improvements by the Completion Date. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOT, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obliqations to Construct Parkland/Landscapinq Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments.thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of the City of Temecula. Subdivider shall post a copy of such wage rates at the job site and shall 4 pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less, than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, in violation of the previsions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. c. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: d. Furnish the necessar~ materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. e. Except for easements or other interested in real property to be dedicated to the Homeowners Association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights- of-way, easements and other interests in real property for construction or installation of the Parkland/Landscape Improvements, free and clear of all liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other 5 interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Riqhts-of-Way. If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of- way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptanca by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of'the Parkland/Landscape Improvements; and 6 b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the Improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page I of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement secudty with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10% of the odginal estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. Inspection and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the Director of Community Services, or the Director of Community Service's authorized representative. If the Director of Community Services, or the designated representative, determine that the work has been completed in accordance with this Agreement, then the Director of Community 8 Services shall certify the completion of the Parkland/Landscape Improvements to the Board of Directors. b. SUBDIVIDER shall continue to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be finally accepted unless the maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. 6. Release of Securities. Subject to approval by the Board of Directors of the Community Services Distdct of the CITY, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the previsions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less that 25% of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total Parkland/Landscape Improvement Security given for faithful performance until expiration of the maintenance pedod and final completion and 9 acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonable determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all work and improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 7. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision l0 monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public properly on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER a. default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely commence construction of the Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this Agreement. 11 b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY shall have the right, subject to his section, to drew upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the Parkland/Landscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess cost or damages occasioned CITY thereby; and, in such event, CITY without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plan and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. 12 c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or othenNise revert the SUBDIVISION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant this Agreement for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after CITY acceptance of the last completed improvement. If within the warranty pedod any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Parkland/Landscape Improvement Plans and 13 specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not Aqent of City, Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Injury to Work, Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Aqreements, Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to 14 the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public Dudng Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or properly occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Parkland/Landscape Improvements. This indemnification and 15 Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CiTY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Parkland/Landscape Improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and the CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provision of this paragraph. 16 18, Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. Time of the Essence. Time is of the essence of this Agreement. 20. Time for Completion of Work Extensions. SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than 1 n-~-n~ In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to fumish new security guaranteeing 17 performance of this Agreement as extended in an increased amount as necessary to compensate for an increase in construction costs as determined by the Director of Community Services. 21. No VestinRofRiqhts. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change in any zoning or building law or ordinance. 22. Notices: All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section, Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Clerk City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: Harveston, LLC 391 North Main Street, Suite 301 Corona, CA 92880 909-817-3600 23. Severability. The provisions of this Agreement are severable, If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 18 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litiqation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Le.qal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or. in equity occasioned by failure of the Subdivider to comply with this section. 28. Entire Aqreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. 19 IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. SUBDIVIDER CITY OF TEMECULA By: Name: Tom Banks Name: Title: V±ce President: Title: By: Name: Cindy T~ (pr:i~leer: N~t:~ tza'tio~ is required and shall be attached) a.pson >eSt:::IVIDER'S signature ATTEST: By:. Susan W. Jones, CMC, City Clerk RECOMMENDED FOR APPROVAL: By: Name: City Engineer By: Name; Director of Community Services APPROVED AS TO FORM: By: Peter Thorson City Attorney 2O California All-Purpose Acknowledgment STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ' ) SS On October 3, 2003 before me, Dee Baker, Notary Public, personally appeared Tom Banks and Cindy Thompson personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. Dee Baker, Notary Public Description of Attached Document Title or Type of Document: City of Temecula Parkland/Landscape Improvement Improvement Agreement - Date Ynez TCSD Medians Document Date: October 3, 2003 Number of Pages: Signer(s) Other Than Named Above: EXHIBIT A (Attach the basis for the estimate of the cost of improvements.) 21 Iq_an, es,ton Phase II Date Ynez TcsD Medians (C8D03-0037) 01-153 BUDGET ESTIMATE PLANTING TREF3 SHRUBS SOIL BARK CONCR~i'/~ DESCRWFION QUANTITY UNIT PRIC~ 24" BOX 5 GAL 2GAL 1 GAL CLEAIVWL D GRADE/AMEND MOW STRIP lP. RIGATION KBI CI-I~'~ VALVE CONTROLER 16 STATION BASKET STRNR 1 INCH R.C.V. 1 INCH RAINBIRD PRS REG 3/4 APl WYE gTRNR AP1 END FLUSH CAP B.VALVE 2 INCH BOWSMITH EMIITER RAINBIRD RAIN GUAOE MASTBR VALVE 2 INCH PLOW M~TER 1 INCH RAINBIRD BUBBLERS MAIN 2 INCH 1 INCH LATERAL I-1/2 INCH 1-1/4 INCH 3/4 INCH TOTAL 155.00 EA. 225.00 34,875.00 3,705.00 EA. 16.00 59,280.00 628.00 EA. 9.00 5,652.00 2,557.00 EA. 5.00 12,785.00 53,067.00 S.F. 0.03 1,592.01 0 S.F. 0.10 5,306.70 53,067.00 $.F. 0.15 7,960.05 L.F. 2.95 0.00 PLANTING SUB-TOTAL 127,450.76 52.00 EA. 7.50 390.00 1.00 EA. 4,500.00 4,500.00 1.00 EA. 200.00 200.00 26.00 EA. 35.00 910.00 26.00 EA. 12.00 312.00 26.00 EA. 20.00 520.00 45.00 EA. 30.00 1,350.00 52.00 EA. 3.50 182.00 10.00 EA. 30.00 300.00 6,894.00 EA. 0.90 6,204.60 EA. 42.00 0.00 1.00 EA. 150.00 150.00 1.00 EA. 400.00 400.00 310.00 EA. 1.00 310.00 7,311.00 L.F. 2.25 16,449.75 200.00 L.F. 1.25 250.00 L.F. 1.60 0.00 935.00 LF. 1.40 1,309.00 468.00 L.F 1.20 561.60 7,946.00 L.F. 1.05 8,343.30 IRRIGATION SUBTOTAL 42,7,52.25 PLANTING AND IRRIGATION TOTAL · 169,703'0! MAIN'i'ENANCE/MONTH 53,067.00 S.F. 0.015 796.01 PERYEAR 9,55Z06 01-153 C? Da~Yne~Medains Plmse2 8/21/2003 Bond No. 0871 9225 Premium: $2,837.00 CITY OF TEMECULA PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND WHEREAS, the City of Ternecula, State of California, and ltarveston LLC 0aereinat~er designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated~~' :~ 200;3, and identified as Project Tract 29639-2, Loop Road Parkway Phasic 2 , is hereby referred to and made a part herecf; and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithfifl Performance of the Agreement; F'ldelity and Deposit NOW, THEREFORE, we the Principal and Company. of lq_ar~lanfls surety, are held · and firmly bound unto the City of Temecula, California, in the penal sum of $ 405,331.66 , lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep; and perform the covenants, conditions, and provisions in the Agreement and any alteration thercofmade as therein'provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it doe~ hereby waive notice of any such change, extension of time, alteration Or addition to the terms of the Agreement or the work or to the specifications. /// IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on October ! , 2003 SURETY FIDELITY AND.DEPOSIT COMPANY OF MARYLAND Patricta H. Brebner Attorney-in-Fact crrrLE) PRINCIPAL HARVESTON LLC By: Lennar Homes of California, Inc. Vice Pf. esident CnTLE) Dee Baker Assistant Secretary (TITLE) APPROVED AS TO FORM: Peter Thorsen City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oran.qe On October 2, 2003 before me, Gordon J. Peterson, personally appeared Emile Haddad and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness rny~and and official seal. Commission # 1335380 Notary Public - Ca[i[ornia Orange County OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Emile Haddad - Vice President Dee Baker - Assistant. Secretary SIGNER IS REPRESENTING: Lennar Homes of California, Inc. Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Faithful Performance Bond No. 0871 9225 Number of Pages: Two (2) Date of Document: October 1,2003 Signers (other than those named above): Patricia H. Brebner ' ' CAt~iFORNIAALL - PURPOSE ACKNOWLEDGMENT ~o, State of Catifor~a County of Orange On October 1, 2003 beforeme, P. hondaC. Abel, Notary Public DATE NAME, TITLE OF OFFICER- E.G., ~JANE DOE, NOTARY PUBLIC' personally appeared Patricla H. Brebner NAME(S) OF SIGNER(S) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aro subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), 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. COMM. # ]3]2777 0 ~.~. ~g~C"~ NOTARY PUBLIC-CALIFORNIA ~ ORANGE COUNTY O WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) [] PARTNER(S) [] LIMITED GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) DATE OFDOCUMENT SIGNER(S)OTHERTHAN NAMED ABOVE S-IO67/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P,O, Sox 7184 · Canoga Park, CA 91309-7184 Bond No. 0871 9225 Premium includedin performance bond PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND WHEREAS, the City of Tomeenla, State of California, and ltarveston LLC · (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated t5~_~l~- ::~l , 20~, and identified as Tract: 29639-2 Project Loop Road Parkway Phase 2 , is hereby referred to and made a part hereof; and WHEREAS, under the term Of said Agreeraent, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Temeeula, to secure the claims to which reference is made in Title 15 (COmmen~ing with Section 3082) of Part 4 0f Division 3 of the Civil Code of the State of California; and Fidelity and Deposit Company NOW, THEREFORE, we the principal and of Maryland as Surety, are held and fhnaaly bound unto thc City of Tcmecnia, California, and aH contractors, subcontractors, laborers, materialmen, other persons employed in the performance of the aforesaid Agreement and referred to in Title 15 of the Civil Codc, in the penal sam of $ 202,665.8,31awful money of the United Stat~, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount set forth. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file clalm.q under Title 15 -1- (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shsll become null and void; otherwise, it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to bc performed thereunder or the specifications accompanying the samc shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the tcwms of the Agrecincnt or to the Work or to the specifications. -2- IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above nsm~l, on October I , 2003 (S~) (S~d) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Patricia H. Brebner (Name) Attorney-in-Fact (Title) HARVESTON LLC By: Lennar Homes. of California, Inc. its administrative member Amil~addad - ~/ Oqame) // V±ce Pres±dent (Title) Dee Baker (Name) Kssistant Secretary (Title) APPROVED AS TO FORM: Peter Thorson, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranqe On October 21 2003 before me, Gordon J. Peterson., personally appeared Emile Haddad and Dee Baker., personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my h!~j~and official seal. Comrniss on # 1335380 Notary public - California Orange counb/ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Emile Haddad - Vice President Dee Baker - Assistant. Secretary Lennar Homes of California, Inc. Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Labor and Materials Bond No. 0871 9225 Number of Pages: Three (3) Date of Document: October 1,2003 Signers (other than those namedabove): Patricia H. Brebner ' CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On October i, 2003 beforeme, RhondaC. Abel, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Patricia H. Brebncr NAME(S) OF SIGNER(S) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aro subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), 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. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) [] PARTNER(S) [] LIMITED GENERAL [] A'I-]'ORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) DATE OFDOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave., P.O. Box 7t 84 · Canoga Park, CA 91309-7184 Bond No. 0871 9225 Premium included in performance bond CITY OFTEMECULA PARKLAND/LANDSCAPE WARRANTY BOND WHEREAS, the City of Temecula, State of California (hereinafter designated as "City"), and Itarves ton LLC .(hereina~er designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete e, ertain designated Parkland Improvements, which said Agreement, dated ~ V- ~ 200~ ~ and Tract 29639-2 identified as Project Loop Road Parkway Phase 2 , is hereby referred to and made a part hereo~ and WHEREAS, Principal is required to warranty thc work done under the terms of thc Agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished, in the amount often percent (10%) of the estimated cost of the improvements; Fidelity and Deposit Company NOW, THEREFORE, we the Principal and of Maryland as surety, are held and firn~y bound unto the City of Temecula, California, in the p~ sum of $ 40,533.17 , lawful money of the United States, for the payment of such sm well and truly to be made, we bind ourselves, our heirs, successors, execmors end admlnistmtors, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to bo taxed as costs and included in any judgement rcndered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreemcnt or to thc work to bc performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extcnsion of time, alteration or addition to the terms of the Agreement' or to thc work or to the specifications. 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on October ! ,2003 (s~) FIDELITY AND DEPOSIT COMPANY OF MARYLAND SUI~TY~ . _ Patrieia H. Brebner (~am~) Attorney-in-Fact (Title) HARVESTON LLC By: Lennar Homes of California, Inc. its administrative member PRINC~AL B%4i 1 e Haddad / (Name) / Vice President (Title) Dee Baker ¢,lame) Assistant Secretary (Ti~e) APPROVED AS TO FORM: Peter Thorson, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oran.qe On October 2, 2003 before me, Gordon J. Peterson, personally appeared Emile Haddad and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness myJr~nd and official seal. OPTIONAL GORDON J. P~ERSON Commission # 1335380 Notary Public - Cali[ornia Orange County Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Emile Haddad - Vice President Dee Baker - Assistant. Secretary Lennar Homes of California, Inc. Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Warranty Bond No. 0871 9225 Number of Pages: Three (3) Date of Document: October 1,2003 Signers (other than those named above): Patricia H. Brebner ' :ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 69O? State of California County of Orange On October [, 2003 beforeme, RhondaC. Abel, Notary Public DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC" personally appeared ?a~cia H. Brebner NAME(S) OF SIGNER(S) [] 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(les), 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. COMM. # 13']2777 COMM. ~p. AU~ ~. 2~5 WITNESS my hand and official seal, OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER 'i'iTLE(S) [] PARTNER(S) B [] A~-~ORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: LIMITED GENERAL TITLE OR TYPE OF DOCUMENT NUMBER OFPAGES SIGNER IS REPRESENTING: NAME OF PERSON(S} OR ENTITY(lES) DATE OFDOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By-Laws of said Company, w~3Jc, x~-~n~ set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d~n~s ~(l~hg'~nate, constitute and appoint Patricia H. BREBNER, of Irvine, California, its tru~~ci~ make, execute, seal and deliver, for, and on its behalf as surety, and as its_act~l'~l~'d~,a-ic~_J.~~ ~kings and the execution of such bonds or undertakings in pursua.~,nc~~"~b~ said Company, as fully and amply, to all intents and purposes, as if ~;aft ~'-~~~ge~ by the regularly elected officers of the Company at its office in Balg~f~)~h~{~p~f"~r~s~.~TWts power of attorney revoke~'~ ' s that issued on behalfofPatricia H~R,~c~S~~"~-- . The said Assistant ~ggc ~wr~d?~r~alifsr~at the extract set forth on the reverse side hereof is a tree copy of Article VI, Section 2, of the By-~y, and is now in forcer . _ IN WITNESS WI~ER~OF~sident and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4th day of February, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland }ss: City of Baltimore On this 4th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to he the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA-F 012-5025M ZURICH ,H!S IMPORTANT DISCLOSURE NOTICE IS PART OF. YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich Amcricau iasurance Company, and American Guarantee and Liability Insurance Company are ~/~g the followh~ informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is reqt~d on your pair. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is - $_.wa/v.~__. This amount is reflected in thc tots~ premimn for this bond. Disclosure of AvaiLability o.f.Coverage for TqrrorlSm As required by the Terrorism Risk Insurance Act of 2002, we have made available to yOu coverage for losses resulting from scts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materlaliy as ~hose for losses arising from events other than acts ofterrorisn~ Disclosure of Federal Share of In%u~ance Comn~nv's.Terrortsm Lo~s~ The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which thc United States government will share in insurance company losses resulting from ac~ of terrorism (as defined in the Ac0 after a iasuranco company has paid losses ia excess of au annual a~gregate deductible. For 2002, the insurance compaily deductible is 1% of direct earned premium in the prior year; for 2003, 7% of dire~t earned premium in the p~ior yeaq for 2004, 10°,4 of direct earned .premitun in the prior year;, and for 2005, 15% ofdkect earned pnunium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government particlpatos in loses, the United States govenunent may direct insurance companies to coll~'~ a terrorism surcharge from policyholders. The Act does not currentIy provide for insurance hldustry or United States government participation in terrorism losses that exceed $ I00 billion in any one calendar year. Definition of. Act of Terrorism The Terrorism Risk Insurance Aot defines "a~t of tet'rorism' as any act that is certified by the Secreta~ of the Treasury, ia concurreace with the Secretary of State and the Attorney General of the United States: I. to be au act of terrorism; 2. to be a violent act or an act that is dangerous to honum life, property or iafrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the c~e of an air carrier (as defined in sect/on 40102 of title 49, United 17 States Code) or a Un/ted States/lag vessel (or a vessel based pducipally in the United States, on which United States income tax is pa/d and whose insurance covarage is subject to regular/on in the United States), or the premises cfa Un/ted States mi*sion; and 4. to have been committed by an individual or individuals acting on behaffofany foreign pe~on or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect tho conduct of the United States Govemmaut by coercion. But, no act shall be cen'ified by the Secretary as an act of terrorism ffthe act is co~mitted as pan of the course cfa war declared by Coagress (except for workers' compensalion) or properly and casualty insurance losses ~sultiag fi:om the a~, in the aggregate, do not exceed $~,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond, Copyright Zurich American insur~ce Company 200} CITY OF TEMECULA PARKLAND / LANDSCAPE IMPROVEMENT AGREEMENT October 3, 2003 DATE OF AGREEMENT: NAME OF SUBDIVIDER: Harveston, LLC (Referred to as "SUBDIVIDER") NAME OF SUBDIVISION: Harveston (Referred to as "SUBDIVIDER") 29639-2 TRACT NO.: TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 01-73 (Referred to as "Resolution of Approval") PARKLAND IMPROVEMENT PLANS NO.: CSD03-0045 ESTIMATED TOTAL COST OF PARKLAND IMPROVEMENTS:$ 405,331.66 COMPLETION DATE: 10-3-05 NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: Fidelity and Deposit Company of Maryland 0871 9225 NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: Fidelity and Deposit Company of Maryland 0871 9225 NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: Fidelity and Deposit Company of Maryland 0871 9225 This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required, as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland/Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIVlDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement by Parkland/Landscaping Improvement Secudty required by the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape Improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page I of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape Improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, Pease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its obligation under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of 3 Parkland/Landscape Improvements by the Completion Date. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of NOT, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obliqations to Construct Parkland/Landscapinq Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of the City of Temecula. Subdivider shall post a copy of such wage rates at the job site and shall 4 pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less, than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, in violation of the previsions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. c. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Parkland/Landscape improvement work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: d. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. e. Except for easements or other interested in real property to be dedicated to the Homeowners Association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights- of-way, easements and other interests in real property for construction or installation of the Parkland/Landscape Improvements, free and clear of all liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other 5 interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Riqhts-of-Way. If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of- way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and 6 b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the Improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the fonmer security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10% of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for 7 o faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. Inspection and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the Director of Community Services, or the Director of Community Service's authorized representative. If the Director of Community Services, or the designated representative, determine that the work has been completed in accordance with this Agreement, then the Director of Community 8 Services shall certify the completion of the Improvements to the Board of Directors. b. SUBDIVIDER shall continue Parkland/Landscape to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be finally accepted unless the maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. 6. Release of Securities. Subject to approval by the Board of Directors of the Community Services District of the CITY, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less that 25% of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total Parkland/Landscape Improvement Security given for faithful performance until expiration of the maintenance period and final completion and 9 acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonable determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the secudty shall be released upon the settlement of all claims and obligations for which the secudty was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all work and improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 7. Iniury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision 10 monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER a. default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely commence construction of the Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this Agreement. 11 b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY shall have the right, subject to his section, to draw upon or utilize the appropriate secudty to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the Parkland/Landscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess cost or damages occasioned CITY thereby; and, in such event, CITY without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plan and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. 12 c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant this Agreement for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after CITY acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Parkland/Landscape Improvement Plans and 13 specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not Aqent of City. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Injury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such dsks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Aqreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to 14 the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obli.qation toWarn Public Dudnq Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Parkland/Landscape Improvements. This indemnification and 15 Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Parkland/Landscape Improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and the CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provision of this paragraph. 16 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. Time of the Essence. Time is of the essence of this Agreement. 20. Time for Completion of Work Extensions. SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than ~.0-5-03 · In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guaranteeing 17 performance of this Agreement as extended in an increased amount as necessary to compensate for an increase in construction costs as determined by the Director of Community Services. 21. No Vestinq of Riqhts. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVlDER'S rights with respect to any change in any change in any zoning or building law or ordinance. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Clerk City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: Harveston, LLC 391 North Main Street, Suite 301 Corona, CA 92880 909-817-3600 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 18 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Le.qal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this section. 28. Entire Aqreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. 19 IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its . Mayor. By: ~ -- ~ CITY OF TEMECULA By: Name: Tom Banks Name: Title: W_ce President: Title: (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) A'I-I'EST: By: Susan W. Jones, CMC, City Clerk RECOMMENDED FOR APPROVAL: By: Name: City Engineer By:. Name: Director of Community Services APPROVED AS TO FORM: By: Peter Thorson City Attorney 2O California All-Purpose Acknowledgment STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On October 3, 2003 before me, Dee Baker, Notary Public, personally appeared Tom Banks and Cindy Thompson personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. Dee Baker, Notary Public Description of Attached Document Title or Type of Document: City of Temecula Parkland/Landscape Improvement Improvement Agreement - Loop Road Parkway Phase 2 Document Date: October 3, 2003 Number of Pages: Signer(s) Other Than Named Above: EXHIBIT A (Attach the basis for the estimate of the cost of improvements.) 21 89/29/2883 ld:4! 9892966883 ALHAMBRA GROUP Loop Road Parkway Phase H 01-153b BUDGET ESTIMAT~ D~SCRIPTION pLANTENG TREES 36" BOX 24" BOX 15 GAL SHRUBS $ GAL 1 GAL IUTE I, IETI'~G LAWN It'YDROSEI~D GROUND COVEK SOIL CLt~A,R/WF~D ORADFdAMEND CONCRETE MOW STRIP UNIT P~$E TOTAL BA, 600.00 0,00 579.00 EA, 225.00 130,275.00 552.00 E~, 75,00 41,400,00 5,626.00 EA. 16.00 90,016.00 6~9.00 EA.. $.00 3.445.00 S.F. 0.12 0.00 41,307.00 S.F, 0.10 4.1~0.70 89,700.00 ~. 0.15 13,4~$,00 219,187,00 S,F, 0.03 6,575.61 41,307.00 S.F. 0.10 4,130.70 177,$$0.00 S.F. 0.1.5 26,652.00 2,310.00 L.F. 2.95 6,814.50 I, LAin'L-it~IG SUB-TOTAL 326,92~.51 82 IRRIGATION K.BI CI~CK VALV~ CONTROLLER ASSEMBLY 36 STATION B~KET ~ 1 1/$ IN¢tt 1 INCIt KAII'~IRD p~ ~ 1 1~ q~ CO~L~ BOWS~ E~ ~ ~ GUA~E ~W M~ I 1/4 ~ ~ 6 POP-~ ~ ~ ~CH ~L 2 ~ 1-1/4 ~ 3/4 ~ 65.00 FA. 7.50 487.50 1.00 EA. 5,000.00 5,000.00 1.00 HA, 200.00 200.00 26.00 EA. '~5.00 910.00 29,00 EA, 40.00 1,160.O0 1.00 EA. 12.00 12.00 22.00 EA. 20.00 440.00 85.00 ~L 30.00 2,550.00 1,i4.00 EA.. 3,50 504.00 12.00 ~ 30.00 360.00 14,437.00 EA. 0.90 12,99330 EA. 42.00 0.00 l.O0 Fr..A. 150.00 150,00 1,00 EA. 525.00 525.00 1,159.00 EA. 6.00 6,948.00 6~775.00 LF. 2.25 15,243.75 219,00 L.F, 2.25 492.75 210.00 L,P. 1.60 336.00 595.00 L.F. 1.40 833.00 1,580.00 L,F 1.20 1,$96.00 26.527,00 L,F, 1.05 27,853.35 IRRIGATION' SUBTOTAL 78,40%15 PLANTING AND .IRRIGATION TOTA.L 405,33!,66 I~aAINT~I~AN~ /MOINTH 219,187.00 0,015 3,227.81 pER YEAR 39,453.66 01-153 C.E. Lo~ Road ~ Phu¢ 1~ Bond No. 929 285 585 Premium: $22,622.00 CITY OF TEMECULA PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND WHEREAS, the City ofTemecula, Sta~e of California, and tiarveston LLC (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated C2~---~2t~r- ~ 20~,, and identified as Project Tract 29639-2, Harves ton Community Park , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; The Continental NOW, THEREFORE, we the Principal and Insurance Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $ 5,386,086.00 lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided~ on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their tree intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. /// IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on October i. ~ 20 03 SURETY THE CONTINENTAL INSURANCE COMPANY Patrtcta H. Brebner (NAME) Attorney-in-Fact (TITLE) PRINCIPAL HARVESTON LLC By: Lennar Homes of California, Inc. (NAME) Vice President (TITLE) BY: Dee Baker (NAME) Assistant Secretary (TITLE) APPROVED AS TO FORM: Peter Thorsen City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oran.qe On October 2, 2003 before me, Gordon J. Peterson, personally appeared Emile Haddad and Dee Baker, personally known to me to be the persons whos names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witne~.and and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Emile Haddad - Vice President Dee Baker - Assistant. Secretary SIGNER IS REPRESENTING: Lennar Homes of California, Inc. Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Performance Bond No. 929 285 585 Number of Pages: Two (2) Date of Document: October 1, 2003 Signers (other than those named above): Patricia H. Brebner '" ;ALiF~3RNIA ALL-PURPOSE ACKNOWLEDGMENT No. State of California County of Oraagc On October 1, 2003 beforeme, P~ondaC. Abcl, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC" personally appeared Pa~cia H. Brcbncr NAME(S) OF SIGNER(S) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), 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. O~'_~-~c~ COMM. # 1312777 ~ j~'~ ~C'~NOTARY PUBL~C-CAUFORNIA ~ ~r/,~-~,~ ORANGE COU~ WITNESS my hand and official seal. ~IONATURE O~ NOTA~Y~~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A'II'ACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER T~E(S) [] PARTNER(S) [] LIMITED GENERAL [] A']3'ORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OFPAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) DATE OFDOCUMENT SIGNER(S) OTHERTHANNAMEDABOVE S-4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 * Can~ga Park, CA 91309-7184 Bond No. 929 285 585 Premium included in charge for performance bond CITY OF TEMECULA PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND WHEREAS, the City of Temecula, State of California, and Harveston LLC , (hereinat~er designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated ~ '~2 , 200~, and identified as Project Tract: 29639-2, Harves ton* , is hereby referred to and made a part hereof; and WHEREAS, under the tenn of said Agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Temecula, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; and The Continental NOW, THEREFORE, we the principal and Insurance Company as Surety, are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, other persons employed in the performance of the aforesaid Agreement and referred to in Title 15 of the Civil Code, in the penal sum of $ 2,693,04,31a~ful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount set forth. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 *Community Park (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a fight of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. -2- IN WITINrESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on October 1, , 2003 (Sea~) (Sea]) THE CONTINENTAL INSURANCE COMPANY Patricia H. Brebner (Name) Attorney-in-Fact (Title) HARVESTON LLC By: Lennar Homes of California, Inc. its administrativ~e membe.~' By: (Name) Vice President (Title) Dee Baker (Name) Assistant Secretary (Title) APPROVED AS TO FORM: Peter Thorson, City Attorney -3- CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranqe On October 2, 2003 before me, Gordon J. Petersoq, personally appeared Emile Haddad and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Withe? m_~_h d and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Emile Haddad - Vice President Dee Baker - Assistant. Secretary SIGNER IS REPRESENTING: Lennar Homes of California, Inc. Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Labor and Materials Bond No. 929 285 585 Number of Pages: Three (3) Date of Document: October 1, 2003 Signers (other than those named above): Patricia H. Brebner ' ' CALiF~)RNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of Califor~ County of Orange On October 1, 2003 beforeme, RhondaC. Abel, Notary Public NAME, Tm_E OF OFRCER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared ?atficia H. Brcbncr NAME(S) OF SIGNER(S) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ars subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signaturs(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an..d~official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATFACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S} [] PARTNER(S) [] LIMITED GENERAL [] A'rrORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OFPAGES SIGNER IS REPRESENTING: NAME OF PERSON(S} OR ENTI'rY(IES) DATE OFDOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION · 8236 Rernmet Ave., P.O. Box 7184 * Canoga Park, CA 91309-7184 Bond No. 929 285 585 Premium included in char for performance bond CITY OF TEMECULA PARKLAND/LANDSCAPE WARRANTY BOND WHEREAS, the City of Temecula, State of California (hereinafter designated as "City"), and Harveston LLC .(hereinatter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated Parkland Improvements, which said Agreement, dated ~ ~ 20C>'~ , and identified as Project Tract 29639-2, Harveston* , is hereby referred to and made a part hereof; and *Community Park WHEREAS, Principal is requ/red to warranty the work done under the terms of the Agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished, in the amount often percent (10%) of the estimated cost of the improvements; The Continental NOW, THEREFORE, we the Principal and Insurance Company as surety, are held and ~'nmly bound unto the City of Temeoula, California, in the penal stun of $ 538,608.60 , lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face mount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on October 1, ~ 20 03 (Seal) (Seal) THE CONTINENTAL INSURANCE COMPANY Patricia H. Brebner (Name) Attorney-in-Fact (Title) APPROVED AS TO FORM: HARVESTON LLC By: Lennar Homes.of California, Inc. its administrative me~ber By' (Name) Vice President Dee Baker (Name) Assistant Secretary (Title) Peter Thorson, City Attomey CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranqe On October 2, 2003 before me, Gordon J. Petersoq, personally appeared Emile Haddad and Dee Baker., personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness ~.~hand and official seal. GORDON J. PETERSON Commission ~ 1335380 No~ Public - Cali~mia ~. ~i~ ~17,~ OPTIONAL Though the data below is not required by law, it may prove vatuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Emile Haddad -Vice President Dee Baker ~ Assistant. Secretary Lennar Homes of California, Inc. Lennar Homes of California, Inc. DESCRIPTON OFATTACHEDDOCUMENT Type of Document: Warranty Bond No. 929 285 585 Number of Pages: Three (3) Date of Document: October 1,2003 Signers (other than those named above): Patricia H. Brebner · ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5~07 State of CaJ~t'or~a County of Orange On October 1, 2003 beforeme, RhondaC. Abel, Notary Public DATE NAME, Tm_E OF OFFICER. E.G., 'JANE DOE, NOTARY PUBLIC" personally appeared Part'cia H. Brcbncr [] personally known to me - OR - [] NAME(S) OF SIGNER(S) 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(les), 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. RHONDA C. ABEL COMM. # 1312777 ~NOTA~Y PUbLIC-CALIFORNIA t ~COMM. EXP. AUG. 9, 2005 WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATFACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER 'nTLE(S) [] PARTNER(S) [] LIMITED GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OFPAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) DATE OFDOCUMENT SIGNER(S) OTHERTHAN NAMED ABOVE S-4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That The Continental Insurance Company, a New Hampshire corporation, and Firemen's Insurance Company of Newark, New Jemey, a New Jersey corporation (herein called "the ClC Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Mike PadxJno, Linda Enright, Rhonda C. Abel, James A. Schaller, Jane Kepner, Nanette Madella-Myers, Patdcia H. Brebner, Alexis H. Bryan, Leigh McDonough, individually of -, Irvine, California their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature --- In Unlimited Amounts -- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the ClC Companies hav~ caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 2nd day of April, 2002. The ContJnentsl Insurance Company Firamen's Insurance Company of Newark, New Jersey Michael Gengler Group Vice President State of Illinois, county of Cook, ss: On this 2nd day of April, 2002, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of The Continental Insurance Company, a New Hampshire corporation, and Firemen's Insurance Company of Newark, New Jersey, a New Jersey corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation~. .'J: DIANE EAULKNER 3~ Notary Public, Stateoflilinois ~. My Commission Expires 9/17/05 My Commission Expires September 17, 2005 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of The Continental Insurance Company, a New Hampshire corporation, and Fireman's Insurance Company of Newark, New Jersey, a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporations pdnted on the reverse hereof is still in force. In testimony whereof I. have hereunto subscr bed my name and affixed the sea of the said corporations this 1 s t day of October 2003 . · %;., .......... :.,,., ~' '-... :..~ .... The ConUnentsl Insurance Company Firemen's Insurance Company of Newark, New Jersey Mary A. RibikawskLs Assistant Secretary (Rev. 10/11/01 ) CITY OF TEMECULA PARKLAND / LANDSCAPE IMPROVEMENT AGREEMENT DATE OF AGREEMENT: October 3, 2003 NAME OF SUBDIVIDER: Harveston, LLC (Referred to as "SUBDIVIDER") NAME OF SUBDIVISION: Harveston (Referred to as "SUBDIVIDER") TRACT NO.: 29639-2 TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 01-73 (Referred to as "Resolution of Approval") PARKLAND IMPROVEMENT PLANS NO.: CSD03-0031 COMPLETION DATE: ESTIMATED TOTAL COST OF PARKLAND IMPROVEMENTS:$ 5,386,086.00 6/1/0~ NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: The Continental Insurance Company 929 285 585 NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: The Continental Insurance Company 929 285 585 NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: The Continental Insurance Company 929 285 585 This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required, as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland/Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDiVIDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement by Parkland/Landscaping Improvement Security required by 2 the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape Improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape Improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its obligation under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of 3 Parkland/Landscape Improvements by the Completion Date. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of NOT, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obliqations to Construct Parkland/Landscaping Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of the City of Temecula. Subdivider shall post a copy of such wage rates at the job site and shall 4 pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less, than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. c. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: d. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. e. Except for easements or other interested in real property to be dedicated to the Homeowners Association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights- of-way, easements and other interests in real proper-b/for construction or installation of the Parkland/Landscape Improvements, free and clear of all liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Rights-of-Way. if any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of- way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and 6 to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the Improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10% of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. Inspection and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the Director of Community Services, or the Director of Community Service's authorized representative. If the Director of Community Services, or the designated representative, determine that the work has been completed in accordance with this Agreement, then the Director of Community 8 Services shall certify the completion of the Parkland/Landscape Improvements to the Board of Directors. b. SUBDIVIDER shall continue to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be finally accepted unless the maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. 6. Release of Securities. Subject to approval by the Board of Directors of the Community Services District of the CITY, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less that 25% of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total Parkland/Landscape Improvement Security given for faithful performance until expiration of the maintenance period and final completion and 9 acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonable determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all work and improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 7. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision 10 monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER a. default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely commence construction of the Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this Agreement. 11 b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY shall have the right, subject to his section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the Parkland/Landscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVlDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess cost or damages occasioned CITY thereby; and, in such event, CITY without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plan and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. 12 c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in secudng performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant this Agreement for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after CITY acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Parkland/Landscape improvement Plans and 13 specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CiTY the cost of such repairs. 11. Subdivider Not Aqent of City. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Iniury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to 14 the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obliqation to Warn Public Durinq Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vestinq of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Parkland/Landscape Improvements. This indemnification and 15 Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Parkland/Landscape Improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and the CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provision of this paragraph. 16 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. Time of the Essence. Time is of the essence of this Agreement. 20. Time for Completion of Work Extensions. SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than 6-:[-04 In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guaranteeing 17 performance of this Agreement as extended in an increased amount as necessary to compensate for an increase in construction costs as determined by the Director of Community Services. 21. NoVestinq of Ri.qhts. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change in any zoning or building law or ordinance. 22. Notices, All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a wdtten change of address is filed with the City: Notice to CITY: City Clerk City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: Harveston, LLC 391 North Main Street, Suite 301 Corona, CA 92880 909-817-3600 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 18 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Liti.qation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Leqal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this section. 28. Entire Aqreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. 19 IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. By:~ · Name: Tom Banks Title: Vice President CITY OF TEMECULA By: Name: Title: C'dTJ '/ Name: ~n y z.~.:~ompson Title: Asst. ~c~etary (Proper Notadzatio'rr6f SUBDIVIDER'S signature is required and shall be attached) ATTEST: By:. Susan W. Jones, CMC, City Clerk RECOMMENDED FOR APPROVAL: By:. Name: City Engineer By:. Name: Director of Community Services APPROVED AS TO FORM: By:. Peter Thorson City Attorney 2O California All-Purpose Acknowledgment STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On October 3, 2003 before me, Dee Baker, Notary Public, personally appeared Tom Banks and Cindy Thompson personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. Dee Baker, Notary Public Description of Attached Document Title or Type of Document: City of Temecula Parkland/Landscape Improvement Improvement Agreement - Community Park Document Date: October 3, 2003 Number of Pages: Signer(s) Other Than Named Above: EXHIBIT A (Attach the basis for the estimate of the cost of improvements.) 21 ~09/17/2003 1~:~1 90968B$091 ]RI-IA LANDSCAPE ARCHITECTS-PLANNE.RS,, INC. · ]Opinion of]Probable Cost for: Harveston Commtmity Park I Tem~ula, CA ~lq:lp m~-tz~O 2p B902142 Harve~t~n Pe~Opiniol~O~ld~ c~ ~-1B-O3.~ds~ld $ofl~dufe FOfln~ r:Ulll~g~ ]Projec~ No.: 02142 Dna'. 6/18/2003 Freptrcd BI,: D. Grove PAGE SUMMARY Mobilization Grading Drainage Utilities $ 250,000 Owner 106,23~ 36,660 Electrical Hardscape Buildings 882,450 998,450 General Site Items irrigation Planting $ 897,390. $ 273,389 $ 354,g45 Sub-Total: 10~ ;onstmctlon Contingency Total: $ 4,806,44'l 489,844 . 09./~17/20EI3 14: ~l 909~8E. 8091 RHA L, N4DS~/~E ~ I RI~.. LANDSCAPE ARC~ECT~PL~, ~C. Optmon of Probable Cost'for: H~ton Commu~ P~k Tem~la, ~ PAGE 02 Project No.: 02142 Date: Harveston Park I Estimated Ba~e Bid , $5,386,086 Including fO~ Conatruction Contlgency UNIT TOTAL ITEM QTY. UNIT PRICE A. MOBILIZATION $ 250,000 B. GRADING By Owner C. DRAINAGE $ 106,230 1. Cross Gutter 430 sf $ 5.00 $ 2,150 2. Junction Structure #2 Iea $ 2,000.00 $ 2,000 3. Junction Structure #4 1 sa $ 2,500.00 $ 2,500 4. Catch Basin No. 1 6 ea $ 1,600.00 $ g,600 5. 12"x 12" Catch Basin ' ' 20 ea $ 500.00 $ 10,000 6. 24" HDPE Orainline 180 If $ 30.00 $ 5,400 7. 18" HDPE Dralnllne .... 588 If $ 25.00 $ t4,200 8. 15" HDPE Drainline 255 If $ 23.00 $ 5,885 9. 12" HDPE Dralnllne 635 If $ 21.00 $ 13,335 10.8" Sch 40 PVC Dr~iniine 660 If $ 18.00 $ 11,880 11.6" $ch 40 PVC Drainline 1,440 If $ 15,00 $ 21,600 12.4" Sch 40 PVC Drainline 470 If $ 10.00 $ 4,700 13. Catch Basins in Play Areas 6 ea $ 500.00 $ 3,000 D. UTILITIES $ 36,660 1. 4" VCP Sewer line 815 If $ 22.00 $ 17,930 2. 8"VCPSewerllne 170 If $ 27.00 $ 4,590 3. Sewer cleen.out 8 ea $ 750.00 $ 8,000 4. Connection to existing sawerstub-out 1 ea $ 500.00 $ 500 5. 2" Type K Copper Domestic Water Line 2t0 If $ t0.00 $ 2,100 6. 2" Sch 40 PVC Domestic Water Line 510 If $ 4.00 $ 2,040 7. Connection to existing Domestic Une stub-out 1 es $ 50o,00 $ 500 8. 2" Domestic Backflow Preventer w/Enclosure 2 ea $ 1,$00.00 $ 3,000 Pdnted: 1 of 5 8/t~20B3 11:43 ~ r.ye 14:41 9896868891 ARCH PAGE 03 Harveston Park I Estimsted Base Bid . $5,386,086 Including 10~ Construction Contl,gancy E. ELECTRICAL $ 882,4~0 1. Electrical Service (street stub-out to Transformer) I Is $ $,000.00 $ 5,000 2. Electrical Service (Tranaformerto Main Switchboard) I IS $ 15,000.00 $ 15,000 Telephone Service from Street to Main Switchboard Cable TV Service from Street to Main Switchboard Main switchboard/meter, panels, controls, etc. 1 I$ $ 7,500.00 $ 7,$00 I Is S 5,000.00 $ 5,000 1 Is $ 80,000.00 $ 80,000 6. Fixture A - Incrudes light, pole, footing, conduit, trenching and pull boxes 7. Fixture B - Includes light, pole, fool. lng, conduit, trenching and pull boxes 8. Fixture C - Includes light, pole, f(~otlng, conduit, trenching and pull boxes 17 ea $ 3,000.00 $ $1,000 15 ea $ 3,250.00 $ 48,750 5 sa $ 3,500.00 $ t7,500 9, Fixture D - Includes light, pole, footing, conduit, trenching and pull boxes 10. Fixture E - Includes light, pole, footing, conduit, trenching and pull boxes 26 ea $ 4,000,00 $ 104,000 4 ea $ 3,300.00 $ 13,200 11. Ballfleld #1 Lighting 1 Is $155,000,00 $ 155,000 Poles, Fixtures, Footings, Conduit end Wire 12. Ballfleld ~2 Lighting I IS $155,000.00 $ 155,000 Poles, Fixtures, Footings, Conduit end Wire 13, OB Box (incNdin(;1 conduit &wire) 2 ea $ 5,000.00 $ 10,000 14. 15. Soccer Field ¢1 Liohtlng Poles, Fixtures, Footings, Conduit and Wire Soccer Field #2 Lighting 1 Is $100,000.oo $ lOO,OO0 I Is $100,000.00 $ 100,000 Poles, Fixtures, Footings, Conduit and Wire 16. Musco"Control Links" System 1 Is $ 5,000.00 $ 5,000 17, Musco 10 year warranty 1 Is $ 10,500.00 $ I0,500 Page 2 of 5 ., . , 0~]17/2003 14:41 9696868891 RHA LANDSCAPE ARCH P/~,GE 04 Ha eston Park Estimated Bass Bid ~ $5,386,086 including 10% Construction Contlgancy UNIT ITEM QTY. UNIT TOTAL PRICE F. HARDSCAPE $1,096,928 Parking Lots $ 300,/90 1. 4" AC Paving over 6" Aggregate Base 120,000 s.f $ t.60 $ 182,000 2. Aphalt Seal Coat 120,000 I.f. $ 0.05 $ 6~000 3. Parking Lot Strtplng I Is $ 4,000.00 $ 4,000 4. Concrete Curb in Parking Lot 3,400 I.f. $ 13,60 $ 45,900 5. Concrete Curb & Gutter In Parking Lot 2,520 6. Curb Ramps 5 I.f. $ t9.50 $ 49,140 ea. $ 750,00 $ 3,750 8itc Paving $ 467,175 1. 6" Concrete Paving 80,000 a.f. $ 3.75 $ 300,000 2. 4" Concrete Paving 28,300 s.f. $ 3,25 $ 91,975 3. Concrete Paver Paving 9,400 $.f. $ 8,00 $ 75,200 General 8itc Construction $ 325,963 1. Play Area Concrete Curb (12" x16") 395 I.f, "$ 30.00 $ 11,850 2, Raised Concrete Planters (Round) 13 ea. $ 1,000.00 $ 13,000 3. Commercial DdvewayApproech 3 aa. $ 3,000.00 $ 9,000 4. Pour-In-Place seat wall (~ Picnic Shelter 350 If $ 50.00 $ 18,000 5, 6"x 6" Concrete Mow Curb 475 I.f, $ 5.50 $ 2,813 6. Concrete Pad: Sign 5 ea. $ 10,000,00 $ 50,000 7. Trash Enclos[,re 2 ea. $ 10,000,00 $ 20,000 8. Pilasters 31 ea. $ 1,500,00 $ 48,500 9. Concrete Bleachers (~ Ballflelds 500 If $ 95,00 $ 47,500 10, Pour-in-Place concrete wall (~ Ballfields 1;300 If $ 85.00 $ 110,500 G. BUILDINGS $ 998,450 1, Picnic Shelter 6,050 af $ 70.00 $ 423,500 2. Community & Restroom Building 2,241 I.$, $ 150.00 $ ~35~150 3. Concession & Restroom Building 1,592 I.s. $ 150.00 $ 238,800 Page 3 of 5 . ;,09/17/2003 14:41 ITEM GENERAL SITE ITEMS RHA LANDS~ ARCH PAGE 85 Harveston Park Estimated Base Bid $5,386,086 Including 10~ Construction Contigancy UNIT QTY. UNIT TOTAL PRICE $ ee7,390 Slgnage $ 47800 1. Disabled Parking Stall Sign (Van Stall) 3 ea, $ 200.00 $ 600 2. Disabled Parking Stall Sign (Regular.Stall) 7 ea. $ 200.00 $ 1,400 3, Disabled Parking Lot Sign 3 ea. $ 600 $ 200.00 4. Reclaimed Water Signage 10 ea, ~ 200.00 $ 2,000 Site Furniture $ 100,660 1. Drinking Fountain 8 ea. $ 3,500.00 $ 28,000 2. Waste Container (concrete) 35 ea $ 650.00 $ 22,750 3. Picnic Table (concrete) 24 ea $ 1,800.00 $ 38,000 4. Bench(83 17 ea $ 700.00 $ 11,900 5. Group BBQ 4 ea $ 500.00 $ 2r000 Fencing & Railings $ 274,450 1. 6' Chainlink w/fabric screen & concrete corb 2,500 Lf. $ 30.00 $ 75,000 850 l.f. $ ...... 55,00 $ 46,750 2. 10' Chainllnk w/concrete curb 3. 30' Chainlink Backstop 4. Double Chalnllnk Gate 292 I.f. $ 200.00 $ 58,400 4 ea $ 50.00 $ 200 5. Dugout Fencing Cover 160 If $ 30.00 $ 4,800 6. Tuburarsteel fence 1,300 s.f. $ 50.00 $ 65,000 7. HanaraJl ~ Baltfieids 540 If $ 45.00 $ 24,300 Ballflelda & Soccer Fields S 410,190 1. 4" Infield Mix 76,500 s.f. $ 5.00 $ 382,600 2. 8' Dugout Bench 4 ea. $ 600.00 $ 2,400 3. 15' Dugout Bench 4 ea. $ 860.00 $ 3,400 4. Home Plate 6 ea. $ 175.00 $ 1,050 5. Pitching Rubber 6 ea $ 190.00 $ 1,140 6. Bases (set of 3) 2 set $ 350.00 $ 700 7. Bat Rack 4 ea. $ 750.00 $ 3,000 8. Foul Line Pole 4 ea. $ 1,300,00 $ 5,200 9. Marksmart Lining System 4 ea $ 200.00 $ 800 10. Soccer Goal 4 aa, $ 2,500.00 $ 10,000 Play Ground $.. 107,600 1. "Forest Fiber Play" Wood Chips 6,600 s,f. $ 2.50 $ 16,800 2. Child (5-12) age Play Structure I ea. $ 50,000,00 $ 50,000 3. Tot (2-5) age Play Structure I ea. $ 23,000.00 $ 23,000 4. Arch Swing (Double Bay) Iea $ 3,200.00 $ 3,200 4. Arch Swing (Single Bay) 1 ea $ 2,800:o.o' $ 2,800 _5. Spdng Riders _ '~ ma $ 800.00 ~ ......... ~,,000' 6. Play Area Signs 2 aa $ 1,000.00 $ 2,000 8. Finger Parks 3 ea $ 2,000.00 $ 8,000 Printed: Page 4 of 5 UNIT TOTAL ITEM QTY. UNIT PRiCE I. IRRIGATION $ 273,389 Calsense ET2000-40 Controller with MLR option (Local Radio & Antenna) 2. Controller Enclosure 2 ea. $ 6,560.00 $ 13,000 2 es. $ 2,000.00 $ 4,000 3. Master Valve 2 sa. $ 200.00 $ 400 4. Flow Meter 2 ea. $ 700.00 $ 1,400 5. Butterfly Valve 15 es $ 200.00 $ 3,000 6. Tut/Irrigation System 525,122 e.f, $ 0.45 '~ ..... 236,30~,"' (includes valves, valve boxes, wiring, laterals, trenching and In'igetion heeds) 7. Shrub & Gmundcever Irrigation System 30,569 s.f. $ 0.50 $ 15,285 (Includes valves, valve boxes, wiring, laterals, trenching and irrigation heads) J. PLANTING $ 364,94S 1. $oll Preparation & Fine Grade .... ~5~,09t ~.f. $ 0.25 $ 138,923 2. Weed Abatement $55,89t s.f. $ 0.03 $ 16;671- 3. 90 Day Plant Establishment/Maintenance Pedod 555,691 e.f. $ 0.06 $ 33,341 4. Grasspave $,505 s.f. $ 1000 $ 35,050 5. Hyclroseed Tud 525,122 s.f. $ 0.06 $ 31,507 286 ea $ 300.00 $ 79,800 6. 24" Box Trees 7. Rooted Cutting Gmundcover 30,569 s.f. $ 0.25 $ 7,642 8. 5 Gallon Shrubs 593 es $ 20.00 $ 11,860.. 9. 5 Gallon Vines 6 ea $ 25.00 $ 150 Total Estimated Base Bid Price: $ 4,896,441 Construction Contingency (10%): $ 489,644 Page 5 of 5 ITEM 6 APPROVAL~,,~..-~" CITY ATTORNEY DIRECTOR OFFINANC~ ~.~.-. ClTY MANAGER CITY OFTEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Board of Directors Herman D. Parker, Director of Community Services~r~ October 22, 2003 Acceptance of Various Landscape Easement Deeds within the Crowne Hill Development Tract Map No. 23213 -6, -7, -9, -10, -11 and Final PREPARED BY: Barbara Smith, Management Analyst RECOMMENDATION: That the Board of Directors: 1. Accept landscape easement deeds from Lenone, Inc., a Virginia Corporation for the maintenance of perimeter/slope landscaping within Tract Map Nos. 23143-10 and 23143-11. 2. Accept landscape easement deeds from PCClII - Crowne Hill, LLC, A Delaware Limited Liability Company for the maintenance of perimeter/slope landscaping within Tract Map Nos. 23143-6 and 23143. 3. Accept landscape easement deeds from KB Home Coastal Inc. a Califomia Corporation for the maintenance of perimeter/slope landscaping within Tract Map Nos. 23143-7 and 23143- 9. 4. Authorize the City Clerk to record the Easement Deed. BACKGROUND: Crowne Hill (Tract Map Nos. 23143 -1 through -11 and Final) is a large residential development in the eastern area of the City south of Pauba Road and east of Butterfield Stage Road. The County prior to the City of Temecula's incorporation originally approved this development. After incorporation and through the established development review precass the City was able to condition and enter into development agreements with the property owners of the Cmwne Hill. In an agreement dated June 23, 1992 item number six (6) outlines the requirements that need to be met in order for Temecula Community Services District (TCSD) to accept perimeter/slope maintenance. There is one exception that the slopes on either side of Royal Crest Place are to be maintained by the Homeowners' Association (HOA). The streets that meet the acceptance criteda are Pauba and Butterfield Stage Roads and Crowne Hill Drive. In 1999 three (3) phases, 23413-2, -3 and -4 were approved and the Tentative Tract Maps were recorded. These tract maps were developed into 249 residential parcels and the City accepted the limited maintenance responsibility along Butterfield Stage Road and Crewne Hill Ddve adjacent to these developed phases. This perimeter landscaping is funded through assessments of the 249 parcels through Service Level C (Perimeter Landscaping)at a rate of $175.00 per dwelling unit. Recently, Crewne Hill has begun development of the remainder of their residential areas, which includes the building or improvements of Pauba and Butterfield Roads and Crowne Hill Drive. The landscape easements were offered on the final maps, but due to grading and topography issues there are additional areas that need to be included within the future TCSD landscape easement areas. The additional easements are consistent with approved landscape plans for the Crowne Hill Development and have been check and approved by Public Works. FISCAL IMPACT: None. The installation of the landscaping shall be borne bythe developer. The additional areas will not require an increase in Service Level C rates and charges for Crowne Hill. ATTACHMENTS: Vicinity Map Copy of Easement Deeds R:~smithbhEas~rn~nts~Staff Report Ctx)wn Hill 10~3.doc 10/09/2003 CROWNE HILL VICINITY MAP October 13, 2003 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space above this line for Recorders use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Lenone, Inc., a Vir,qinia Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee"), together with the right to further grant or transfer the same to others, a perpetual easement and right-of- way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the County of Riverside, State of Riverside, State of California, described as follows in Exhibit A which is attached. (metes & bounds and plat) If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHEREOF, this instrument has been executed this day of ,2003. State of ~,4:~ia ¥, r~,',',~.'',-}ss County of R~,~{ c._o } On, l~,J~..~r ~t. 2003, before me, personalty appeared H.o~r ~..-{)a.~; cz- ~. ,~ pemonally known to me (or proved to me on the basis of satisfactory evidence) to be the pemon(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(les), 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. Lenone Inc., a Virginia Corporation H:hI~DATA\ 1510~418k&DMrbI~FOKM S~U 8 landscapesmtdeedLEl'4ONE.doc County of Hear/co, Commonwealth of Virginia Onthis ~ dayof he/she executed the foregoing instrument. , .2-C30 % personally appeared before me and acknolwedged that i ,, , ary t'UOllc My commission expires 7fl~ ~ fo_x-- CITY OF TEMECULA Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the attached Landscape Easement Deed document has been accepted by the City Council of the City of Temecula and the grantee consents to the recordation thereof by its duly authorized officer. CITY OF TEMECULA By:. Shawn D. Nelson, City Manager ATTEST: By:. Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: By:, Peter M. Thorson City Attorney RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 Revised July 15, 2003 August 29, 2002 JN 15100418-M4 Page 1 of 3 EXHIBIT "A" TRACT NO. 23143-10 TEMECULA COMMUNITY SERVICES DISTRICT EASEMENT PARCEL A: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 27 through 29 of Tract No. 23143-10 filed in Book 314, Pages 1 through 12 of Maps in the Office of the County Recorder of said Riverside County, described as a whole as follows: BEGIN NING at the northeasterly corner of said Lot 27, said comer being a point on a curve concave westerly and having a radius of 1750.00 feet, a radial line of said curve from said point bears North 82051'45" West; thence along the easterly lines of said Lots 27 through 29 and along said curve southerly 306.34 feet through a central angle of 10°01'47" to the southeasterly corner of said Lot 29; thence non-tangent from said curve North 11°03'46" West 20.83 feet; thence North 13055'26'' East 83.86 feet; thence North 08°49'10'. East 126.90 feet; thence North 01°55'15'' East 45.08 feet; thence North 45029'24'' East 38.22 feet to the POINT OF BEGINNING. CONTAINING: 4294 square feet or 0.10 acres, more or less. PARCEL B: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 65 of Tract No. 23143-10 filed in Book 314, Pages 1 through 12 of Maps in the Office of the County Recorder of said Riverside County, described as follows: H :\PDATA\15100418~ADMr N\legals\4181g1004.doc EXHIBIT "A" Revised July 15, 2003 TCSD Easement - Tract No. 23143-10 Page 2 of 3 BEGINNING at the northeasterly corner of said Lot 65, said corner being a point on a curve concave westerly and having a radius of 1750.00 feet, a radial line of said curve from said point bears North 89034'53'. West; thence along the easterly line of said Lot 65 and said curve southerly 139.22 feet through a central angle of 04o33'29.. to the southeasterly corner of said Lot 65; thence non-tangent from said curve North 20°01'31" West 23.98 feet; thence North 03041'33.. East 116.66 feet to the northerly line of said Lot 65; thence along said northerly line North 89°26'11" East 7.25 feet to the POINT OF BEGINNING. CONTAINING: 1195 square feet or 0.03 acres, more or less. PARCELC: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 69 through 71 of Tract No. 23143-10 filed in Book 314, Pages 1 through 12 of Maps in the Office of the County Recorder of said Riverside County, described as a whole as follows: BEGINNING at the northeasterly corner of said Lot 69, said corner being a point on a curve concave westedy and having a radius of 1750.00 feet, a radial line of said curve from said point bears South 78005'29" West; thence along the easterly lines of said Lots 69 through 71 and along said curve southerly 316.51 feet through a central angle of 10°21 '46" to the southeasterly corner of said Lot 71; thence non-tangent from said curve North 37°47'55" West 20.12 feet to a point on a non-tangent curve concave westerly and having a radius of 498.02 feet, a radial line of said curve from said point bears North 88°59'46" West; thence along said curve northerly 66.81 feet through a central angle of 07°41'12"; thence non-tangent from said curve North 15°18'49" West 12.91 feet; thence North 04030'20'' West 128.08 feet; thence North 10°59'23'' East 4.11 feet; H:\P DATA\15100418~ADMIN\[ega[s\4181g1004,doc EXHIBIT "A" TCSD Easement - Tract No. 23143-10 Revised July 15, 2003 Page 3 of 3 thence North 08°55'06" West 71.07 feet; thence North 43°19'02" West 18.87 feet to the northerly line of said Lot 69; thence along the northerly line of said Lot 69 North 78005'29'' East 15.60 feet to the POINT OF BEGINNING. CONTAINING: 3232 square feet or 0.07 acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. E. Verloop, PJ_.S'>5.~48 My license expires 12/31/03. H:\PDATA\15100418~ADMIN\legals~4181g1004.doc /..- C/L ROYAL CREST PLACE 26 TRACT NO. 2,3 14,3-10 ,., 27 ~ PARCEL A 0.10 AC. 25 >- 28 33' 24 C/L STANKO DATA TABLE NO. BRhI~/DELTA RADIUS LENGTH 83.69' 20.83' ~.22' SHEET 1 09 ' 02' 51" 550.00' 2 N11'O3'46"W -- 3 N45'29'24"E -- EXHIBIT 'B' TEMECULA COMMUN I TY SERV ICES D I STR I CT EASEMENT IN TRACT NO. 25143-10 CONSULTING REVISED 7/15/05 SCALE I 1"=60' 1 DF 3 SHEETS 27555 YNEZ ROAD, SUFII~ 400 l~tv~CUl. Jk, CAMFORNIA 92591-4679 909.676.8042 · FAX 909.676.7240 · ~.RBF.com JOB ND, 15100418-M4 i/-C/L HILL STREET TRACT NO. 66 MoBo N89'26'11"E 69,14' 25143-10 RCEL B 0.03 AC. 65 ,314/1-12 N20'01 '31"W ro N83 56 3..5"W ,,.,~-'~ C/L ROYAL CREST ~/'"LACE~' EXHIBIT 'B' TEMECULA COMMUNITY SERVICES DISTRICT EASEMENT IN TRACT NO. 23143-10 SHEET CONSULTING 1 "=40' 33' bJ 8 DF 3 SHEETS 27555 YNEZ ROAD, SUITE 400 'I~MECULA, CALIFORNIA 92591-4679 909,676,8042 · FAX 909.676,7240 · wv~RBF,com JDB ND. REVISED 7/15/03 15100418-M4 TRACT NO 68 2,:314,.3-10 69 N10*59'25"E PARCEL C 0.07 314/1-12 70 N15' 18' 49"W 30' ~=07' 41 '12' R=498.02' , 71 L=65,81' N88'59'46"W (R) ~"- N37'47'55"W 33' EXHIBIT 'B' TEMECULA COMMUNITY SERV[CES D[STR[CT EASEMENT IN TRACT NO. 23143-10 SHEET CONSULTING SCALE 1 "=60' 3 DF 3 SHEETS 27555 YN~Z ROAD, SUITE 400 ~MECU!.~ CAUFORNIA 92591-4679 909.676.8042 · FAX 909,676.7240 · ~.RBF.com JBD ND, 7/15/03 15100418-M4 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space above this line for Recorder's uae) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Lenone~ Inc. a VirRinia Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee"), together with the right to further grant or transfer the same to others, a perpetual easement and right-of- way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the County of Riverside, State of Riverside, State of California, described as follows in Exhibit A which is attached. (metes & bounds and plat) If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of ail heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHEREOF, this instrument has been executed this day of ,2003. State of ~ ~'~ ,'~; ,-,;~. }ss County of ~.w~'c,=, } On, A~u_~ k :~.~, 2003, before me, 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(les), 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 ~ ~. ~r~ Lenone Inc., a Virginia Corporation Cou~nty of Hem'ico, Commonwealth of Virginia 'Onthis 9-1 dayof_ hv~ he/she executed the foregoing instrument. personally appeared before me and acknolwedged that ~r,' ~ ? '~~ Notary Public tint Name: My commission expires 7//3 (/oS'- CITY Of TEMECULA Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the attached Landscape Easement Deed document has been accepted by the City Council of the City of Temecula and the grantee consents to the recordation thereof by its duly authorized officer. CITY OF TEMECULA By: Shawn D. Nelson, City Manager ATTEST: By: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson City Attorney RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT"A" Revised July 15, 2003 August 29, 2002 JN 15100418-M5 Page 1 of 8 TRACT NO. 23143-11 TEMECULA COMMUNITY SERVICES DISTRICT EASEMENT PARCEL A: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 96 of Tract No. 23143-11 filed in Book 314, Pages 13 through 24 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the southeasterly corner of said Lot 96; thence along the southwesterly line of said Lot 96 South 78°05'29" West 11.68 feet; thence North 32°04'10" West 10.41 feet; thence North 08°59'57" West 114.99 feet; thence North 02°10'35" East 15.74 feet to the northeasterly corner of said Lot 96, being a point on a non-tangent curve in the northeasterly line of said Lot 96 concave southwesterly and having a radius of 1750.00 feet, a radial line of said curve from said point bears South 73o30'23.' West; thence along said curve and said northeasterly line southerly 140.04 feet through a central angle of 04°35'06" to the POINT OF BEGINNING. CONTAINING: 1404 square feet or 0.03 acres, more or less. PARCEL B: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 89 and 90 of Tract No. 23143-11 filed in Book 314, Pages 13 through 24 of Maps in the Office of the County Recorder of said Riverside County, described as a whole as follows: BEGINNING at the most northerly corner of said Lot 89, being a point on a curve concave southwesterly and having a radius of 1750.00 feet, a radial line of said curve from said H:\PDATA\15100418tADMIN\Iegals~4181g1005.doc EXHIBIT "A" TCSD Easement - Tract No. 23143-11 point bears South 61°28'39'' West; Revised July 15, 2003 Page 2 of 8 thence along the northeasterly lines of said Lots 89 and 90 and said curve southeasterly 154.07 feet through a central angle of 05°02'39"; thence non-tangent from said curve North 77044'22'' West 28.24 feet; thence North 20°21'49" West 136.80 feet to the northwesterly line of said Lot 89; thence along said northwesterly line North 61028'39'' East 8.75 feet to the POINT OF BEGINNING. CONTAINING: 2530 square feet or 0.06 acres, more or less. PARCEL C: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lots 81 and 82 of Tract No. 23143-.11 filed in Book 314, Pages .13 through 24 of Maps in the Office of the County Recorcler of said Riverside County, described as follows: BEGINNING at the most northerly corner of said Lot 82, being also the most easterly corner of said lot 8t; Thence along the northeasterly line of said Lot 82 South 28°31'2'1" East 1.1.07 feet; thence leaving said northeasterly line North 73057'00'' West t5.77 feet; thence Nodh 26057'28'. West 140.49 feet to the northwesterly line of said Lot 81; thence along said northwesterly line and the northeasterly line of said Lot 81 the following courses: North 56053'42'' East 4.57 feet to the northerly corner of said Lot 81, being a point on a non-tangent curve in the northeasterly line of said Lot 8.1 concave southwesterly and having a radius of 1550.00 feet, a radial line of said curve from said point bears South 58°00'14" West; thence along said curve and said northeasterly line southeasterly @3.97 feet through a central angle of 03°28'25"; thence continuing along said northeasterly line tangent from said curve South 28°31'21" East 46.89 feet to the POINT OF BEGINNING. CONTAINING: .1284 square feet or 0.03 acres, more or less. H:\PDATA\15100418~ADMIN\legals\4181g1005.doc EXHIBIT "A" TCSD Easement - Tract No. 23143-11 Revised July 15, 2003 Page 3 of 8 PARCELD: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lots 73 and 74 of Tract No. 23143-11 filed in Book 314, Pages 13 through 24 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most northerly corner of said Lot 74, being a point on a non-tangent curve in the northeasterly line of said Lot 74 concave southwesterly and having a radius of 1550.00 feet, a radial line of said curve from said point bears South 49029'56'. West; thence along said curve and said northeasterly line southeasterly 170.09 feet through a central angle of 06°17'14'' to the most easterly corner of said Lot 74; thence along the southwesterly line of said Lot 74 South 56°53'42" West 5.26 feet; thence North 40°02'15" West 169.07 feet to the northwesterly line of said Lot 74; thence North 07°40'01" East 17.61 feet to the northeasterly line of said Lot 73, said line being a non-tangent curve concave southwesterly and having a radius of 1550.00 feet, a radial line of said curve from said point bears South 49003'52" West; thence along said curve and said northeasterly line southeasterly 170.09 feet through a central angle of 00°26'04" to the POINT OF BEGINNING. CONTAINING: 1901 square feet, or 0.04 acres, more or less. PARCEL E: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 1 and 104 of Tract No. 23143-11 filed in Book 314, Pages 13 through 24 of Maps in the Office of the County Recorder of said Riverside County, described as a whole as follows: BEGINNING at the most easterly corner of said Lot 1; thence along the southeasterly line of said Lot 1 South 42°28'11" West 20.02 feet; thence North 57007'43.' West 110.77 feet; thence South 80040'55.' West 16.23 feet; H:\PDATA\15100418~ADMIN\legals\4181g1005.doc EXHIBIT "A" TCSD Easement - Tract No. 23143-11 Revised July 15, 2003 Page 4 of 8 thence North 77°36'49" West 20.31 feet; thence North 72°27'38'' West 35.39 feet; thence South 66o23'40'' West 20.17 feet; thence South 46°18'06" West 40.37 feet; thence South 57°56'49" West 51.98 feet; thence South 52°07'28" West 29.70 feet to a point on a non-tangent curve concave southeasterly and having a radius of 102.15 feet, a radial line of said curve from said point bears South 52°36'13'' East; thence along said curve southwesterly 45.94 feet through a central angle of 25°46'13" to an intersection with a non-tangent curve concave northwesterly and having a radius of 29.28 feet, a radial line of said curve from said intersection bears North 72042'47'' West; thence along said curve southwesterly 19.78 feet through a central angle of 38°42'54" to a point of reverse curvatu re with a curve concave southeasterly and having a radius of 64.62 feet, a radial line of said curve from said point bears South 33059'53'' East; thence along said curve southwesterly 19.01 feet through central angle of 16°51'19'' to a point of reverse curvature with a curve concave northwesterly and having a radius of 299.09 feet, a radial line of said curve from said point bears North 50°51'12'' West; thence along said curve southwesterly 39.06 feet through central angle of 07o28'56'' to a point of reverse curvature with a curve concave southeasterly and having a radius of 72.85 feet, a radial line of said curve from said point bears South 43°22'16'' East; thence along said curve southwesterly 43.75 feet through central angle of 34°24'30'' to a point of compound curvature with a curve concave easterly and having a radius of 76.25 feet, a radial line of said curves from said point beara South 77046'46'' East; thence along said curve southerly 45.99 feet through a central angle of 34033'34'' to a point of reverse curvature with a curve concave southwesterly and having a radius of 62.75 feet, a radial line of said curve from said point bears South 67039'40" West; thence along said curve southerly 18.18 feet through central angle of 16°35'43" to a point of compound curvature with a curve concave northwesterly and having a radius of 2.79 feet, a radial line of said curves from said point bears South 84015'23'' West; H:\PDATA\15100418~ADMlN\legals\4181g1005.doc EXHIBIT "A" TCSD Easement - Tract No. 23143-11 Revised July 15, 2003 Page 5 of 8 thence along said curve southwesterly and westerly 5.92 feet through a central angle of 121031'22'' to a point of compound curvature with a curve concave northeasterly and having a radius of 33.60 feet, a radial line of said curves from said point bears North 25046'45'' East; thence along said curve northwesterly 20.66 feet through a central angle of 35°14'16" to a point of reverse curvature with a curve concave southwesterly and having a radius of 48.85 feet, a radial line of said curve from said point bears South 61°01'01" West; thence along said curve northwesterly 29.25 feet through central angle of 34°18'07" to a point of compound curvature with a curve concave southerly and having a radius of 47.34 feet, a radial line of said curves from said point beam South 26042'54.. West; thence along said curve westerly 29.99 feet through a central angle of 36° 17'53" to a point of compound curvature with a curve concave southeasterly and having a radius of 51.51 feet, a radial line of said curves from said point bears South 09034'59'' East; thence along said curve westerly 20.63 feet through a central angle of 22°56'38" to a point of compound curvature with a curve concave southeasterly and having a radius of 68.12 feet, a radial line of said curves from said point bears South 32°31'37" East; thence along said curve southwesterly 24.59 feet through a central angle of 20°40'57" to a point of reverse curvature with a curve concave northwesterly and having a radius of 798.54 feet, a radial line of said curve from said point bears North 53012'34'' West; thence along said curve southwesterly 24.13 feet through central angle of 01°43'53" to a point of compound curvature with a curve concave northwesterly and having a radius of 53.54 feet, a radial line of said curves from said point bears North 51°28'41" West; thence along said curve southwesterly 15.82 feet through a central angle of 16°55'38'' to a point of compound curvature with a curve concave northwesterly and having a radius of 30.88 feet, a radial line of said curves from said point bears North 34033'03'' West; thence along said curve southwesterly 8.62 feet through a central angle of 15°59'18'' to a point of compound curvature with a curve concave northerly and having a radius of 39.59 feet, a radial line of said curves from said point bears North 18033'45'' West; thence along said curve westerly 13.79 feet through a central angle of 19°57'51" to a point of reverse curvature with a curve concave southeasterly and having a radius of 21.52 feet, a radial line of said curve from said point beam South 01°24'06" West; thence along said curve westerly 13.59 feet through central angle of 36°11 '24" to a point of reverse curvature with a curve concave northwesterly and having a radius of 44.93 feet, a H:\PDATA\15100418~ADMIN\Iegals\4181g1005.doc EXHIBIT "A" TCSD Easement - Tract No. 23143-11 Revised July 15, 2003 Page 6 of 8 radial line of said curve from said point bears North 34°47'18" West; thence along said curve southwesterly 7.12 feet through central angle of 09°04'57" to a point of reverse curvature with a curve concave southeasterly and having a radius of 487.27 feet, a radial line of said curve from said point bears South 25°42'21" East; thence along said curve southwesterly 55.04 feet through central angle of 06°28'19" to a point of reverse curvature with a curve concave northwesterly and having a radius of 71.70 feet, a radial line of said curve from said point bears North 32010'40'' West; thence along said curve southwesterly 17.04 feet through central angle of 13°36'54"; thence non-tangent from said curve North 30°45'46'' West 18.04 feet to a line parallel and concentric with and 14.00 feet southeasterly from the general northwesterly line of said Lot 104, said point being on a non-tangent curve concave northwesterly and having a radius of 1258.00 feet, a radial line of said curve from said point bears North 30°45'46" West; thence along said parallel and concentric line the following courses: along said curve northeasterly 391.22 feet through a central angle of 17049'06"; thence tangent from said curve North 41 °25'08" East 166.35 feet to a point on the northerly line of said Lot 104, said point being on a non-tangent curve concave northerly and having a radius of 70.00 feet, a radial line of said curve from said point bears North 29052'55" East; thence along the northerly and northeasterly lines of said Lot 104 and the northeasterly line of said Lot 1 the following courses: along said curve easterly 77.59 feet through a central angle of 63°30'39"; thence non-tangent from said curve South 52°54'10" East 171.10 feet to the POINT OF BEGINNING, CONTAINING: 26,725 square feet, or 0.61 acres, more or less. PARCELF: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 104 of Tract No. 23143-11 filed in Book 314, Pages 13 through 24 of Maps in the Office of the County Recorder of said Riverside County, described as follows: H :\PDATA\ 15100418~ADMIN~legals\4181gl005.doc EXHIBIT "A" TCSD Easement - Tract No. 23143-11 Revised July 15, 2003 Page 7 of 8 BEGINNING at the northerly terminus of that certain course shown as "N05°34'40"E 225.83' "for a portion of the southeasterly line of said Lot 104; thence along the general southeasterly, southerly, westerly and northerly lines of said Lot 104 the following courses: South 05°34'40'' West 225.83 feet; thence South 49°10'57" West 65.00 feet; thence South 85034'04.' West 38.34 feet; thence North 04026'08'. West 462.91 feet to a point on a non-tangent curve concave northwesterly and having a radius of 70.00 feet, a radial line of said curve from said point bears North 04026'08'. West; thence along said curve northeasterly and northerly 107.47 feet through a central angle of 87°57'55,'; thence non-tangent from said curve North 77007'57" East 161.04 feet; thence leaving said northerly line South 27045'27" East 20.17 feet; thence South 30012'20'' East 13.27 feet; thence South 38059'45" East 17.31 feet; thence South 43°21'20" East 12.14 feet; thence South 10°54'10" West 19.38 feet; thence South 57012'55" West 3.92 feet; thence South 73051'45" West 5.99 feet; thence South 62o55'03'' West 8.89 feet; thence South 44°29'17" West 5.62 feet; thence South 36°39'09" West 5.87 feet; thence South 24°21 '42" West 6.22 feet; H:\PDATA~15100418~ADMIN\Iegals\4181g1005.doc EXHIBIT "A" Revised July 15, 2003 TCSD Easement - Tract No. 23143-11 Page 8 of 8 thence South 45°23'51" West 1.79 feet; thence South 63°49'36'' West 12.70 feet thence South 29°15'17" West 3.53 feet; thence South 06°21'09" East 11.82 feet; thence South 14°21'11" West 26.09 feet thence South 30°57'18" West 12.17 feet thence South 26°57'52'' West 9.88 feet; thence South 07020'59'' West 20.58 feet to the beginning of a tangent curve concave northwesterly and having a radius of 108.00 feet; thence along said curve southwesterly 65.66 feet through a central angle of 34050'04'' to a point of reverse curvature with a curve concave southeasterly and having a radius of 72.00 feet, a radial line of said curve from said point bears South 47o48'57'' East; thence along said curve southwesterly 44.74 feet through central angle of 35°36'13"; thence non-tangent from said curve South 07024'36'' West 21.81 feet to the POINT OF BEGINNING. CONTAINING: 77,710 square feet or 1.78 acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. My license expires 12/31/03. H:\PDATA\15100418~ADMIN\Iegals\4181g1005.doc 9O 91 95 96 ~. ~' \~ ' PARCEL___o_ 3 TRACT N( 2,3143-11 i ~ M.B. ,314 13-24 ~09' 5'/, NO. g3143~10 ~9 SHEET '15.60' 1 DF 7 SHEETS CONSULTING 27555 YNEZ ROAD, SUFIE 400 'I--cMECULA. CAUFORNIA 92591-467§ 909.676.8042 · FAX 909,676.7240 · www.RBF.com EXHIBIT TEMECULA COMMUNITY SERVICES DISTRICT EASEUENT IN TRACT NO. 23143-11 SCALE JOB ND, REVISED 7/15/03 1"=40' 15100418-U5 TRACT NO. 1 89 88 PARCEL B 0.06 AC. 314/13-24 DATA TABLE 9 1 1 05'02'59" 1750.00' 154.07' 2 N86'29'51"W -- 26.01' EXHIBIT 'B' TEMECULA COMMUNITY SERVICES DISTRICT EASEUENT IN TRACT NO. 23143-11 90 SHEET 8 DF 7 SHEETS ODN~ULTINB 27555 YNEZ ROAD, surl'E 400 TEMECULA, CAUFORNIA g2591-4679 909.676.8042 · FAX 909.676.7240 · v,~vw.F~F.com SCALE JOB ND, REVISED 7/15/05 1"=60' 15100418-M5 PARCEL C O. 03 AC:. TRACT NO >_3143-11 80 81 83 DATA TABLE S73'57'00;;E --, 15.77; 03'28'25 1550.00 93.97 S28'31'21'E -- 46,89' S28'31'21"E -- 11,07' 82 SHEET EXHIBIT TEMECULA COMMUNITY SERVICES DISTRICT EASEMENT IN TRACT NO. 23143-11 7/15/o3 CONSULTING SCALE 1 "=40' 3 OF 7 SHEETS 27555 YNEZ ROAD, SUtT~ 400 'fI~MECU!..~ CALIFORNIA 92591-4679 909.676.8042 · FAX 909.676,7240 · w.aw.R~F.co~n 15100418-M5 TRACT NO. 23143-11 73 .,¢ ,,~' P.O.B. 72 M.B 74 314/13-24 75 00'26'04"I 1550,00 11.75 EXHIBIT TEMECULA COMMUNITY SERVICES DISTRICT EASEMENT IN TRACT NO. 23143-11 REVISED 7/15/03 PARCEL D 0.04 AC. SHEET CONSU LTI NB SCALE 1"=40' 4 OF 7 SHEETS 27555 YNEZ RON~, SU~ 400 TEMECUt-~ CAL!FORNtA 92591-4679 909.676.8042 · FAX 909.6763240 · www~BF.coal ND, 15100418-M5 ,/ 102 PARCEL E 0.61 ---~R~PRC ~" 104 1 2 ___ 7L3"_~ _(.R.~ . ~ _ __N7._2° 42' 47 "w ( R=29.28' ) PRC .{_R~R__C --ZT,-~ ~---,.~S43 22 16 E LR)PRC - -~ :7, s67 39 40 W__~)PR_C 'w ±m PCC - - '45"E (R)PCC .% s-~9~' 3~'~9-;~-(R)PC_~ . ~"~ ~ SEE SHEET 6 FOR DATA TABLE EXHIBIT 'B' TE~ECULA CO~UNITT SERVICES DISTRICT EASEMENT IN TRACT NO. 23143-11 REVISED 7/15/03 SHEET CONSULTING SCALE 1 "=100' 5 BF 7 SHEETS 27555 YNEZ ROAD, SUITE 400 TEMECULA, CAUF<)RNLA 92591-46-/g 909,676,8042 · FAX 909,676.7240 , w'aw~RBF.com JD~ ND. 15100418-M5 DATA TABLE (~) BEARING/DELTA RADIUS LENGTH 1 S42'28'11"W -- 20.02' 2 N57'O7'43"W -- 110.77' 3 S80'40'55"W -- 16.23' 4 N77'36'49"W -- 20.31' 5 N72'27'38"W -- 35.39' 6 S66'23'40"W -- 20.17' 7 S46'18'06"W -- 40.37' 8 S57'56'49"W -- 51.98' 9 S52'07'28"W -- 29.70' 10 25'46'13" 102.15' 45.95' 11 38'42'54" 29.28' 19,78' 12 16°51'19" 64.62' 19.01' 13 07'28'56" 299.09' 39.06' 14 34'24'30" 72.85' 43.75' 15 34'33'34" 76.25' 45.99' 16 16'35'43" 62.75' 18.18' 17 121'31'22" 2.79' 5.92' 18 35'14'16" 33.60' 20.66' 19 34'18'07" 48.85' 29.25' 20 36'17'53" 47.34' 29.99 21 22'56'38" 51.51' 20.63 22 20°40'57" 68,12' 24.59 23 01'43'53" 798,54' 24.13 24 16'55'38" 53.54' 15.82 25 15'59'18" 30.88' 8.62 26 19'57'51" 39.59' 13.79 27 36'11'24" 21.52' 13.59 28 09'04'57" 44.93' 7.12 29 06'28'19" 487.27' 55.04 30 13'36'54" 71.70' 17.04 31 N30'45'46"W (R) 18.04 32 63'30'39" 70.00' 77.59 EXHIBIT 'B' TEMECULA COMMUNITY SERVICES DISTRICT EASEMENT IN TRACT NO. 23143-11 REV I SED 7/15/03 SHEET mONSULTING SCALE 6 OF 7 SHEETS 27555 ~ ROAD, SUIl~ 400 'rEMECU!..A, CAUFOI~NtA 92591-4679 909.676.8042 · FAX g09.676.72~0 , wwwJ~BF.com JOB NO, 15100418-M5 TRACT NO., 23143-11 ,-,-.'"~N~'~ ' 35 ' 57" E (R) / x 104 ~ BEARING/DELTA RADIUS LENGTH 2 S85' 34'04"W -- 38.34' 3 87'57'55" 70,00' 107,47' N83'25'10"W' 4 N77'O7'57"E -- 161.04' 5 S27'45'27"E -- 20.17' 8 S45'21'20"E -- 12.14' 10 S57'12'55"W -- 3.92' 12 S62'55'03"W -- 8.89' 13 S44'29'17"W -- 5.62' 14 S56'39'09"W -- 5.87' 16 S45'23'51"W -- 1,79' 17 S63'49'36"W -- 12,70' / 18 $29'15'17"W -- 3,53' I 55' 55' 22 $26'57'52"W -- 9,88' 23 S07°20'59"W -- 20.58' 24 34'50'04" 108,00' 65,66' 25 55'36'13" 72,00' 44.74' 26 S07°24'36"W -- 21,81' S47°48'57"E (R)PRC ~21 \ 22 M.B. 314/15-24 23 24 EXHIBIT 'B' TEMECULA COMMUNITY SERVICES DISTRICT EASEMENT IN TRACT NO. 23143-11 REVISED 7/15/03 SHEET 7 DF 7 SHEETS 27555 YNEZ ROAD, SUITE 400 TEMECULA, CALIFORNIA 92591-4679 ~ C) N $ U LTl N I~ 909.676.8042 I FAX g09.676.7240 · ',mm~.RBF.com SCALE JOB NB, 1 "=100' 15100418-M5 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space above this line for Recorders use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PCCIII - Crowne Hill~ LLC~ A Delaware Limited Liability Company ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee"), together with the right to further grant or transfer the same to others, a perpetual easement and right-of- way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the County of Riverside, State of Riverside, State of California, described as follows in Exhibit A which is attached. (metes & bounds and plat) If GRANTEE. or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHEREOF, this instrument has been executed this day of ,2003. State of Ca. mia __ }ss Coun~of ~ } ' O_~p, /~/~,~/~_~ ~.~ ~ 2003, before me, personally appeared /~ O ~ ~ F~ ~ personally known to me (ct pm. vc.d to ms c.~. thc bc~L.~ of c"ticfc:ts.-i c';idc,'~cc) to be the person{s) whose name(,e~' is/e~subscribed to the within instrument and acknowledged to me that he/.~h~/th~ executed the same in his/J:~e'r/th~lr authorized capacity(~"), and that by his/i'jef'/theff signature,(~')' on the instrument the person{,~' or the entity upon behalf of which the persort~acted, executed the instrument. Witness my hand and official seal. PCCIII - CROWNE HILL, LLC, A Delaware Limited Liability Company. By: Greystone Homes Inc., a Delaware Co~manager. · ~'_...,~ Commiasion ~ 1326288 ~ ~ N~ Publi~ - Cal~mia CITY OF TEMECULA Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the attached Landscape Easement Deed document has been accepted by the City Council of the City of Temecula and the grantee consents to the recordation thereof by its duly authorized officer. CITY OF TEMECULA By:. Shawn D. Nelson, City Manager ATTEST: By:. Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: By:. Peter M. Thorson City Attorney RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" Revised July14,2002 August29,2002 JN 15100418-M1 Page 1 of 4 TEMECULA COMMUNITY SERVICES DISTRICT EASEMENT TRACT NO. 23143-6 PARCEL A: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 16 of Tract No. 23143-6 filed in Book 313, Pages 58 through 70 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most southerly corner of said Lot 16; thence along the southwesterly line of said Lot 16 North 51°16'00" West 204.07 feet; thence South 55°39'44" East 204.67 feet to the southeasterly line of said Lot 16; thence along said southeasterly line South 38044'00'' West 15.69 feet to the POINT OF BEGINNING. EXCEPTING therefrom that portion lying within Larry Lee Lane as shown on said Tract No. 23143-6. CONTAINING: 1600 square feet, or 0.04 Acres, more or less. PARCEL B: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 17 of Tract No. 23143-6 filed in Book 313, Pages 58 through 70 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most southerly corner of said Lot 17; thence along the southwesterly line of said Lot 17 North 51 °16'00" West 43.90 feet to the beginning of a tangent curve concave southwesterly and having a radius of 1250.00 feet; H:\Pdata\15100418V~,DMINqegals\4181gl001 .doc EXHIBIT "A" TCSD Easement - Tract No. 23143-6 Revised July 14, 2003 Page 2 of 4 thence along said curve and said southwesterly line northwesterly 233.97 feet through a central angle of 10043'27'' to the northwesterly line of said Lot 17; thence non-tangent from said curve along said northwesterly line North 57o10'55'' East 8.90 feet; thence leaving said northwesterly line South 32049'05'' East 7.89 feet to a point on a non-tangent curve concave southwesterly and having a radius of 809.02 feet, a radial line of said curve from said point bears South 24034'24'' West; thence along said curve southeasterly 209.58 feet through a central angle of 14°46'18 to the beginning of a reverse curve concave northerly having a radius of 5.00 feet, a radial line of said curve from said point bears North 39020'42'' East; thence along said curve easterly 5.58 feet through a central angle of 63°55'37"; thence North 65025'05'' East 9.45 feet to the general northeasterly line of said Lot 17; thence along said northeasterly line South 24034'55'' East 32.83 feet to the beginning of a tangent curve concave northeasterly and having a radius of 48.00 feet; thence along said curve and said northeasterly line southeasterly 22.36 feet through a central angle of 26°41 '05" to the POINT OF BEGINNING. CONTAINING: 2233 square feet, or 0.05 Acres, more or less. PARCEL C: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 31 of Tract No. 23143-6 filed in Book 313, Pages 58 through 70 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most westerly corner of said Lot 31; thence along the northwesterly line of said Lot 31 North 61039'42" East 3.35 feet to a point on a non-tangent curve concave northeasterly and having a radius of 311.56 feet, a radial line of said curve from said point bears North 62053'30'' East; thence along said curve southeasterly 115.83 feet through a central angle of 21°18'01" to the southeasterly line of said Lot 31; H:\Pdata\15100418~ADMiN'degals\4 I81gl001.doc EXHIBIT "A" TCSD Easement- Tract No. 23143-6 Revised July 14, 2003 Page 3 of 4 thence along said southeasterly line non-tangent from said curve South 48°45'48" West 6.66 feet to the southerly corner of said Lot 31, being a point on a non-tangent curve concave northeasterly and having a radius of 650.00 feet, a radial line of said curve from said point bears North 48o45'48'' East; thence along the southwesterly line of said Lot 31 and said curve northwesterly 116.31 feet through a central angle of 10°15'10'' to the POINT OF BEGINNING. CONTAINING: 364 square feet, or 0.01 Acres, more or less. PARCEL D: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 43 of Tract No. 23143-6 filed in Book 313, Pages 58 through 70 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most easterly corner of said Lot 43; thence along the southeasterly line of said Lot 43 South 46°58'40'' West 3.64 feet to a point on a non-tangent curve concave northeasterly and having a radius of 559.25 feet, a radial line of said curve from said point bears North 50°25'27" East; thence along said curve northwesterly 103.43 feet through a central angle of 10°35'49" to the northwesterly line of said Lot 43; thence along the northwesterly and northeasterly lines of said Lot 43 the following courses: non-tangent from said curve North 61°39'42" East 3.13 feet to a point on a non-tangent curve concave northeasterly and having a radius of 750.00 feet, a radial line of said curve from said point bears North 59°22'09" East; thence along said curve southeasterly 102.49 feet through a central angle of 07°49'47" to the POINT OF BEGINNING, CONTAINING: 390 square feet, or 0.01 Acres, more or less. PARCELE: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 32 of Tract No. 23143-6 filed in Book 313, Pages 58 through 70 of Maps in the Office of the County Recorder of said Riverside County, described as follows: H:\Pdata\15100418~ADMIN~legals\4181gl001 ,doc EXHIBIT "A" Revised July 14, 2003 TCSD Easement - Tract No. 23143-6 Page 4 of 4 BEGINNING at the most easterly corner of said Lot 32; thence along the southeasterly line of said Lot 32 South 61o39'42" West 4.42 feet to a point on a non-tangent curve concave northeasterly and having a radius of 783.07 feet, a radial line of said curve from said point beam North 65010'38.' East; thence along said curve northerly 121.29 feet through central angle of 08052'28" to the northwesterly line of said Lot 32; thence along the northwesterly and northeasterly lines of said Lot 32 the following courses: non-tangent from said curve North 61°39'42'' East 2.21 feet to a point on a non-tangent curve concave northeasterly and having a radius of 750.00 feet, a radial line of said curve from said point beam North 73°11'55" East; thence along said curve southerly 121.01 feet through a central angle of 09°14'41" to the POINT OF BEGINNING. CONTAINING: 391 square feet, or 0.01 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. ~ H:\Pdata\15100418~ADMIN\legals~4181gl001 ,doc DETAIL N.T.S. TRACT NO. 23143-6 15 M.B. 315/58-70 EXHIBIT 'B' TEWECULA COWMUNITY SERVICES DISTRICT EASEMENT IN TRACT NO. 23143-6 16 PARCEL O. 04 AC. SHEET CoN~U LTINE~ 1 DF 5 SHEETS 27555 YNEZ ROAD, SURE 400 TEMECUL/k CALIFORNIA 92591-4679 909.676.8042 · FAX 909,676.7240 · w'~a.R~F.com REVZSED 7/14/03 1"=40' 15100418-M1 ~ 18 PARCEL 0.05 AC, 17 DATA TABLE 1 S24°34'55"E -- 50.00' 2 S24°34'55"E -- 32.83' 3 26°41'05" 48.00' 22.36' 4 N65°25'05"E -- 9.45' 5 63°55'37" 5.00' 5.58' 6 S32°49'05"E -- 7.89' EXHIBIT 'B' TEMECULA COMMUNITY SERVICES DISTRICT EASEMENT IN TRACT NO. 23143-6 REVISED 7/14/0,3 TR~,CT 23143-6 <0,~ ~0.~ 11 M.B. 31 ~ SHEET r.o N S U LTIN G SCALE 1 "=40' 12 2 DF 5 SHEETS 27555 YNEZ ROAD, SU~ 400 'IEM~ CAUFDRNLA 92591-4679 909.676.8042 · FAX 909.676.7240 · JOB NO, 15100418-M1 PARCE AC. C U.B 23143-6 30 313/58-70 EXHIBIT TEMECULA COMMUNITY SERVICES DISTRICT EASEMENT IN TRACT NO. 23143-6 SHEET CDNSU LTI NG SCALE I 1"=40' 3 DF 5 SHEETS 27555 YNEZ ROAD, surrE 400 TEMECULA, CAUFORN~A 92591-4679 909.676.8042 · FAX 909.676.7240 · w~w. RBF.co~n I JOB NO, REVISED 7/14/03 15100418-M1 NO. 23 42 43 PARCEL D 0.01 AC. 31,3/58-70 EXHIBIT TEMECULA COMMUNITY SERVICES DISTRICT EASEMENT IN TRACT NO. 23143-6 REV][SED 7/14/0.3 SHEET CON ~LILTING SCALE 1 "=40' 4 DF 5 SHEETS 27555 YNEZ ROAD, SUR~ 400 TEMECULA, CALIFCRNIA 92591-4679 909.676,8042 · FAX 909,676.7240 · w~.RBF.com JOt~ ND, 15100418-Ul '40 0 40 80 120 GRAPHIC SCALE DATA TABLE 1 S61 °39'42"W -- 4.42' 2 08°52'28" 783.07' 121.29' 3 N61°39'42"E -- 2.21' \ .,~/ 4 09'14'41" 750.00' 121.01' \ ,~/ PARCEL E 0.01 AC. TRACT 23143-6 32 U.B 33 . \ / SHEET 5 DF 5 SHEETS EXHIBIT TEMECULA COMMUNITY SERVICES DISTRICT EASEMENT IN TRACT NO. 23143-6 CONSULTING 27555 YNEZ ROAD, surI~ 400 3~-MECULA, CALIFORNIA 92591-4679 909.676.8042 · FAX 909.676.7240 · ~w~wRBF.com I SCALE I JD$ ND, REVISED 7/14/03 1"=40' 15100418-M1 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space above this line for Recorders use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PCCIII - Crowne Hill~ LLC~ A Delaware Limited Liability Company ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee"), together with the right to further grant or transfer the same to others, a perpetual easement and right-of- way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located Jn the County of Riverside, State of Riverside, State of California, described as follows in Exhibit A which is attached. (metes & bounds and plat) If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHEREOF, this instrument has been executed this day of ,2003. State of Ca~fqrnia ,. }ss Co u n..ty of ~'~ I b' ~ S/4~.~ } ' 0,.~ ~ I.~ 5-~ ..~ ,~003, before me, LJ Iz lc~. ~/~m,~,~, personally appeared .~"~_ ~J,;1 personally known to me ~f sat~evidet:me) to be the person~s~,'whose name~ is/~e subscribed to the within instrument and acknowledged to me.. th. at .he/sbe~'the~ executed the same in his/~ef/th'~'r autnonze(~ capacity(j~s~, and that by his/herAheif~signature(,~ on the instrument the person(~or the entity upon behalf of which the persor~(g~acted, executed the instrument. Witness my hand and offici~e~, PCCIII - CROWNE HILL, LLC, A Delaware Limited Liability Company. By: Gre Cor~ fstone Homes Inc., a Delaware )n, its manager. Commission # 1326288 Notary Public - California CITY OF TEMECULA Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OFACCEPTANCE This is to certify that the interest in real property conveyed by the attached Landscape Easement Deed document has been accepted by the City Council of the City of Temecula and the grantee consents to the recordation thereof by its duly authorized officer. CITY OFTEMECULA By:. Shawn D. Nelson, City Manager ATTEST: By: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson City Attorney H:~PDATA\I 5100418~DMIlq~FORM S\418] andscapesmtdecdPCCIH,doc RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" Revised July 14, 2003 August 29, 2002 JN 15100418-M6 Page 1 of 4 TRACT NO. 23143 TEMECULA COMMUNITY SERVICES DISTRICT EASEMENT PARCEL A: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 103 of Tract No. 23143 filed in Book 314, Pages 25 through 38 of Maps in the Office of the County Recorder of said Riverside County, described as follows: Commencing at the southwesterly terminus of that certain curve shown as being concave northwesterly and having a radius of 12044.00 feet for a portion of the northwesterly line of said Lot 103; thence non-tangent to said curve along a radial line of said curve South 10002'05'' East 14.00 feet to the TRUE POINT OF BEGINNING, said point being on a curve concentric with and 14.00 feet southeasterly from said northwesterly line, said curve having a radius of 12058.00 feet, a radial line of said curve from said point beam North 10002'05'' West; thence along said concentric curve northeasterly 255.52 feet through a central angle of 01o12'51"; thence non-tangent from said curve South 61°26'27'' West 6.07 feet; thence South 67°25'59" West 5.10 feet; thence South 61°44'37" West 5.23 feet; thence South 62°10'03" West 10.45 feet; thence South 72°06'09" West 10.07 feet; thence South 70°18'16'' West 10.12 feet; thence South 74°27'42" West 5.02 feet; EXHIBIT A Revised July 14, 2003 TCSD Easement - Tract No. 23143 Page 2 of 4 thence South 75°39'10" West 10.02 feet; thence South 77°37'01'' West 10.00 feet; thence South 78044'25'' West 10.00 feet; thence South 77°35'15" West 10.00 feet; thence South 77045'03'' West 10.56 feet; thence South 76056'26'' West 10.01 feet; thence South 76037'05'' West 10.01 feet; thence South 76025'29'' West 25.03 feet; thence South 77024'36'' West 10.01 feet; thence South 77033'07'' West 10.01 feet; thence South 78019'54'' West 10.00 feet; thence South 82001'50'' West 10.01 feet; thence South 80o53'55'' West 10.05 feet; thence South 82003'48'' West 9.23 feet; thence South 88049'28'' West 10.12 feet; thence North 83°10'10'' West 15.69 feet; thence North 83023'48" West 10.44 feet; thence North 83022'23'' West 10.45 feet; thence North 80056'48'' West 5.41 feet to the TRUE POINT OF BEGINNING. CONTAINING: 2713 square feet or 0.06 acres, more or less. H:\P DATA\15100418~ADMIN\legals\4181g1006.doc EXHIBIT A Revised July 14, 2003 TCSD Easement - Tract No. 23143 Page 3 of 4 PARCELB: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 103 of Tract No. 23143 filed in Book 314, Pages 25 through 38 of Maps in the Office of the County Recorder of said Riverside County, described as a whole as follows: Commencing at the most northerly corner of said Lot 103, said corner being a point on a curve shown as being concave northwesterly and having a radius of 12044.00 feet for a portion of the northwesterly line of said Lot 103, a radial line of said curve from said point bears North 12015'38'. West; thence along said curve and said northwesterly line southwesterly 128.75 feet through a central angle of 00°36'45"; thence non-tangent to said curve along a radial line of said curve South 11°38'53" East 14.00 feet to the TRUE POINT OF BEGINNING, said point being a point on a curve concentric with and 14.00 feet southeasterly from said northwesterly line, said curve having a radius of 12058.00 feet, a radial line of said curve from said point bears North 11 °38'53" West; thence along said concentric curve northeasterly 129.60 feet through a central angle of 00036'57.' to the northeasterly line of said Lot 103; thence along said northeasterly line, non-tangent from said curve South 15°13'21" East 20.36 feet; thence leaving said northwesterly line South 76°20'53" West 3.92 feet; thence South 77°43'54" West 10.65 feet; thence South 77°31'22" West 10.00 feet; thence South 78o40'08" West 10.00 feet; thence South 83°04'15" West 5.02 feet; thence North 89036'00" West 5.12 feet; thence North 84°35'16" West 5.03 feet; thence South 28°32'54" West 12.17 feet to a point on a non-tangent curve concave eastedy and having a radius of 29.05 feet, a radial line of said curve from said point bears South 61°02'12" East; H :\PDATA\15100418~ADMIN'degals\4181g1006.doc EXHIBIT A Revised July 14, 2003 TCSD Easement - Tract No. 23143 Page 4 of 4 thence along said curve southerly 23.74 feet through a central angle of 46°49'00'' to a point of reverse curvature with a curve concave northwesterly and having a radius of 17.03 feet, a radial line of said curve from said point bears South 72008'48'' West; thence along said curve southerly 18.20 feet through central angle of 61 o 13'51" to a point of compound curvature with a curve concave northerly and having a radius of 18.97 feet, a radial line of said curves from said point bears North 46°37'21" West; thence along said curve southwesterly and westerly 25.78 feet through a central angle of 77°51'31" to a point of compound curvature with a curve concave northeasterly and having a radius of 18.89 feet, a radial line of said curves from said point bears North 31°14'10'' East; thence along said curve northwesterly 16.94 feet through a central angle of 51°22'01" to a point of reverse curvature with a curve concave southwesterly and having a radius of 21.21 feet, a radial line of said curve from said point bears South 82°36'11" West; thence along said curve northwesterly 13.55 feet through central angle of 36°35'27", a radial line of said curve through said point bears North 46000'44" East; thence non-tangent from said curve North 36°33'16" West 4.36 feet to the beginning of a tangent curve concave southwesterly and having a radius of 32.89 feet; thence along said curve northwesterly 20.66 feet through a central angle of 35°59'12" to a point of reverse curvature with a non-tangent curve concave northeasterly and having a radius of 20.91 feet, a radial line of said curve from said point bears North 17°01'19" East; thence along said curve northwesterly 20.46 feet through a central angle of 56004'20'' to the TRUE POINT OF BEGINNING. CONTAINING: 4397 square feet, or 0.10 acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. Thomas E. Vedoc~p,'~L.S. 5348 My license expires 12/31/03. H:\PDATA\15100418~ADMINtlegals\4181g1006.doc DATA TABLE ~____ I~/DELTA RADIUS LENGTH I S61'26'27"W ~ 6.07' 2 S67'25'59"W ~ 5.10' 5 S61'44'37"W -- 5.23' 4 S62'10'05'W ~ 10.45' 5 S72'O6'Og'W m 10.07' 6 S70'18'16'W -- 10.12' 7 S74°27'42"W -- 5,02' 8 S75'59'10"W -- 10.02' 9 S77'57'01'W -- 10,00' 10 S78'44'25'W -- 10.00' 11 S77'55'15'W -- 10.00' 12 S77°45'03'W -- 10.56' 13 S76'56'26"W -- 10.01' 14 S76'3TOS"W -- 10,01' 15 S76°25'29"W ~ 25,03' 16 S77'24'36"W ~ 10.01' 17 S77'53'07"W -- 10.01' 18 S78'19'54"W ~ 10.00' 19 S82'01'50"W -- 10.01' 20 S80'55'55'W -- 10.05' 21 S82'03'48"W -- 9.2¥ 22 S88°49'28"W ~ 10.12' 25 N85°10'lO'W ~ 15.69' 24 N85*23'48"W ~ 10.44' 25 N85'22'25'~ ~ 10.45' 26 N80*56'48"W -- 5.41' 27 S10'O2'OS"E (R) 14.00' TRACT NO. 12129 M.B. 109/19-28 TRACT NO. 23143 M.B. 314/25-38/ ~ SHEET 1 DF B SHEETS 27555 YNEZ ROAD, SUrE 400 TEMECULA, CAL~ 92591-4679 909,676.8042 · FAX 909.676.7240 · ~.RSF.com EXHIBIT TEMECULA COUUUN[TY SERVICES DISTRICT EASEMENT IN TRACT NO. 23143 CONSULTING SCALE J09 ND, REVISED JULY 14 2003 1" 60' , = 15100418-U6 DATA TABLE NO. BRN~/DELTA RADIUS LENGTH DATA TABLE NO. BRN~/DELTA RADIUS LENOTH 1 00'36'57" 12058.00' 129.60' 11 46'49'00" 29.05' 23.74' 2 N15'13'21"W -- 20.36' 12 61'13'51" 17.03' 18.20' 3 S76'20'53"W -- 3.92' 13 77'51'31" 18.97' 25.78' 4 S77'43'54"W -- 10.65' 14 51'22'01" 18.89' 16.94' 5 S77'31'22"W -- 10.00' 15 36'35'27" 21.21' 13.55' 6 S78'40'08"W -- 10.00' 16 N36'33'16"W -- 4.36' 7 S83'04'15"W -- 5.02' 17 35'59'12" 32.89' 20.66' 8 N89'36'OO"W -- 5.12' 18 56'04'20" 20.91' 20.46' 9 N84'35'16"W -- 5.03' 19 N11'38'53"W (R)-- 14.00' 10 S28'32'54"W -- 12.17' 20 00'36'45" 12044.00' 128.75' EXHIBIT TE~ECULA COMMUN ! TT SERVICF$ OISTRICT EASEMENT IN TRACT NO. PARCE B 0.10 AC. ' 12"W s'72'os'_,m_'w_ PRC 103 NO,, 23143 ~'_37'__~"w ~)PCC SHEET aONSULTIN~ 104 ~.B. 314/25-~8 E BF 2 SHEETS 27555 '(NEZ ROAD, ~ 400 'I'EMECULA, CAUFORNIA 92591-46'/9 909,676.8042 · FAX 909.676,7240 · www,FIBF.cem SCALE JD9 NB, REVISED 7/14/03 1"=60' 15100418-M6 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space above this line for Recorder's use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KB Home Coastal Inc. a California Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee"), together with the right to further grant or transfer the same to others, a perpetual easement and right-of- way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the County of Riverside, State of Riverside, State of California, described as follows in Exhibit A which is attached. (metes & bounds and plat) If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHEREOF, this instrument has been executed this day of ,2003. H:~Pdata\ 1 $100418L~)MiN~ORM$\41 glandscapesmtdeed.dcc CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California '~ Ooun~of ~n ~- _j, ss. d on .~, ~<, ?-~ be,oreme, .Qi~¢ ~h ~ perSonatly known to me roved to me on the basis of satista~o~ evidence ] ~"~, Commission # 1394363 i ~ Notary Public- California ~ · ~'~.,~ S~n Diego County ~' ~ My Comm. Explxes Jan 17.2007 f to be the person(s) whose name(s) is/ara subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), 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 seat. OPTIONAL Though the infon'nation below is not required by law, it may prove valuable to persons retying on the d~cument and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: L~ V~ ,_~¢~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] individual [] Corporate Officer--Title(s): [] Partner-- [] Limited [~ General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: thumb here CITY OF TEMECULA Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OFACCEPTANCE This is to certify that the interest in real property conveyed by the attached Landscape Easement Deed document has been accepted by the City Council of the City of Temecula and the grantee consents to the recordation thereof by its duly authorized officer. CITY OF TEMECULA By: Shawn D, Nelson, City Manager A'FI'EST: By:. Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: By:. Peter M. Thorson City Attorney H;~Pdata\ 15100418~,DMIN~FORMS\4181aadscapesmt deed.doc RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 Revised July 15, 2003 JN 15100418-M3 Page 1 of 1 by me or under my direction. Thomas E. Verloop, t~.~.~. 5348 My license expires 12/31'/03. H:~PDATA\15100418~AD MIN'degals~418191003,doc EXHIBIT "A" TRACT NO. 23143-7 TEMECULA COMMUNITY SERVICES DISTRICT EASEMENT PARCEL A: That certain pamel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 61 through 63 of Tract No. 23143-7 filed in Book 313, Pages 71 through 80 of Maps in the Office of the County Recorder of said Riverside County, described as a whole as follows: BEGINNING at the southwesterly corner of said Lot 63; thence along the westerly line of said Lots 61 through 63 North 19°54'01.. East 301.71 feet; thence South 16008'40" East 23.37 feet; thence South 22058'54" West 142.84 feet; thence South 20056'25'. West 70.01 feet; thence South 23048'59'' West 70.34 feet to the POINT OF BEGINNING. CONTAINING: 2093 square feet or 0.05 acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared PARCEL A O. 05 DATA TABLE (~ BRNG/DELTA RADIUS LENGTH 1 S16'08'40"E -- 23.37' 2 S22'58'54"W -- 142,84' 3 S20'56 '25"W -- 70.01 ' 4 S23'48'59"W -- 70.34' # ?, SHEET EXHIBIT TRACT NO. 23143-7 TCSD EASEMENT CONSULTING REVISED 7/15/05 FIELD BBBK 1 OF 1 SHEETS 27555 YNEZ ROAD, SUITE 400 ~-MECUI_A, CA!.JFORN[A 92591-4679 909.676.8042 · FAX 909.676,7240 · w~v. RBF.com JOB ND, 15100418-M3 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space above this line for Recorders use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KB Home Coastal Inc. a California Corporation ('Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee"), together with the dght to further grant or transfer the same to others, a perpetual easement and right-of- ~A~t/fnr mcdnf~ininn nn~=mfinn ~lt~dnn r~n~irinn And r~nlnninn ~.nlJinrnent and land.~caninc~ over and within the boundaries of that certain real property located in the County of Riverside, State of Riverside, State of California, described as follows in Exhibit A which is attached. (metes & bounds and plat) If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHEREOF, this instrument has been executed this ~ day of ~¥i \ ,2003. C:\W INDOW S~TEMP~4181andscapesmtdeed.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof ~'~Y"~ ~"~i'~'~) -- / ss. personally appeared perSonally to me known roved 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(les), 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. OPTIONAL Though the information below ~s not required by law, ti may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 'ritle or Type of Document: I i~r]~ ~°~ I~ Document Date: '~ I~'"[ I 0~'~ -- Number of Pages: I Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name:'"'-'~ [] Individual [] Corporate Officer ---~tle(s)."---"~ [] Partner -- [3 Limited [] General [~ Affomey-in-Fact E] Trustee E~ Guardian or Conservator [] Other: __ Signer is Representing: Top of thumb here CITY OF TEMECULA Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the attached Landscape Easement Deed dnm~mRnt hR_~ he~.n R~.~e,nt~.d hy the City. of Temecula and the grantee consents to the recordation thereof by its duly authorized officer. April25,2003 ~hawn D. Nelson, City Manager ATTEST: APPROVED AS TO FORM: By: ~~'~3~ ~.~ // Peter ~ Thorson ' City Attorney RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" TRACT NO. 23143-9 Revised April 24, 2003 August 29, 2002 JN 15100418-M2 Page 1 of 3 TEMECULA COMMUNITY SERVICES DISTRICT EASEMENT PARCEL A: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 4 through 9 of Tract No. 23143-9 filed in Book 313, Pages 92 through 104 of Maps in the Office of the County Recorder of said Riverside County, described as a whole as follows: BEGINNING at the southeasterly corner ot said LOt 9; thence along the southerly line of said Lot 9 South 61039'42" West 8.20 feet to a point on a non-tangent curve concave easterly and having a radius of 754.57 feet, a radial line of said curve from said point bears North 74042'53" East; thence along said curve northerly 278.15 feet through a central angle of 21°07'13" to the northeast corner of said Lot 4, being a point on a non-tangent curve in the westerly line of Lot 129 of said Tract No. 23143-9 concave easterly and having a radius of 750.00 feet, a radial line of said curve from said point bears South 85047'54'' East; thence along said curve and westerly line southerly 274,93 feet through a central angle of 21°00'11" to the POINT OF BEGINNING. CONTAINING: 1106 square feet or 0.025 acres, more or less. PARCEL B: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 119 through 126 and Lot 134 of Tract No. 23143-9 filed in Book 313, Pages 92 through 104 of Maps in the Office of the County Recorder of said Riverside County, described as a whole as follows: H:\Pdata\15100418~ADMIN\legals\4181g1002.doc EXHIBIT "A" Revised April 24, 2003 TCSD Easement- Tract No. 23143-9 Page 2 of 3 BEGINNING at the southeasterly corner of said Lot 126; thence along the southerly line of said Lot 126 North 73°25'04" West 3.80 feet; thence North 18°51'40'' East 45.64 feet; thence North 02019'04'' East 14.64 feet; thence North 18°59'37" East 41.44 feet; thence North 04016'24'' East 13.95 feet; thence North 18o36'42'' East 41.83 feet; thence North 04059'28'' East 13.58 feet; thence North 18°37'27'' East 41.52 feet; thence No.,!.h 05°2 i '43" East i 3.54 feet; thence North 19004'38'' East 42.52 feet; thence North 05°10'21'' East 12.8i feet; thence North 18°5i'40" East 43.i0 feet; thence North 1 i°23'52'' East i2.09 feet; thence North 18o26'34'' East 43.02 feet; thence NoAh 17°00'20" East i2.35 feet; thence North i5°02'00" East 54.83 feet; thence North 44°40'53'' East 83.55 feet to the westerly line of said Lot i28; thence along said westerly line of said Lot 128 South i9°54'0i" West 519.58 feet to the POINT OF BEGINNING. CONTAINING: 10i29 square feet or 0.233 acres, more or less. H:\Pdata\15100418~ADMIN\legals\4181gl002.doc EXHIBIT "A" Revised April 24, 2003 TCSD Easement - Tract No. 23143-9 Page 3 of 3 SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. Thomas E. V .S. §348 Dated: April 24, 2003 My license expires 12/31/03. H:\Pdata\15100418~ADMIN'degals\4181g1002,doc 100 0 1 O0 200 .500 DATA TABLE: DsR~NNoN ,.,~. 1 S61'39°42"W -- 8.20' ~ ~,,.-- URT 2 21 07 13 754.57 278.15 / "~T2 3 21'00'11" 750.00' 274.93' .... / / I ~ ~ P.L.S. 5~8 . ~/ , / ~ ~ / ~ DAT~ APRIL24, 2~3 · a :: ~.,, ~ / ~ " / I /~/ ~'~--'~ ~ '-' ~ .J, , . ~ ~_1 J ~~~/ . ~ ... -, ~ . ~ - -' ~ m Z :~: .,- 0 m., 0 ,_. ~ !0 SHEET 1 BF ~ SHEETS TCSD EASEMENT ' · · ~o~,~-~ :DNSULTINB ~.676.8~2, F~.~6.72~. ~.~ REVISED 04/24/03 SCALE FZEL~ ~aOK Ja~ NO, AUGUST 29, 2002 1"=100' 15t00418-M2 100 0 100 200 300 GRAPH]lC SCALE T ~-~ ~ f' T ,'.~ ' ' , ....-~' ..... !!7 '"',,.,..-, PARCEL B 0.233 AC. !!3 !;'.'7 DATA TABLE (~) BEARING/DELTA LENGTH 1 N73'25'O4"W 3.80' 2 N18'51'40"E 45.64' 3 NO2'19'O4"E 14.64' 4 N18°59'37"E 41.44' 5 NO4°16'24"E 13.95' 6 N18'56'42"E 41.85' 7 NO4'59'28"E 13.58' 8 N18'37'27"E 41.52' 9 NO5'21'45"E 15.54' 10 N19'O4'38"E 42.52' 11 NO5'10'21"E 12.81' 12 N18'51'40"E 45.10' 15 N11'23'52"E 12.09' 14 N18'26'34"E 43.02' 15 N17'OO'20"E 12.35' 16 N15°O2'OO"E 54.83' 17 N44'40'53"E 83.55' EXHIBIT 'B' SHEET TRACT NO. 23143-9 ~ TCSD EASEMENT CONSULTING REVISED 4/24/03 I SCALE J AUGUST 29, 2002 1 "=100' FIELD BOOK 2 DF 2 SHEETS JOB ND, 15100418-M2 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY AUGUST 26, 2003 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 9:17 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLLCALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Pratt, Stone, and Naggar ABSENT: 1 AGENCY MEMBER: Roberts In Chairman Roberts' absence, Vice Chairman Naggar presided over the meeting. Also present were Executive Director Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 12, 2003. MOTION: Agency Member Comerchero moved to approve Consent Calendar item No. 1. The motion was seconded by Agency Member Stone and voice vote reflected approval with the exception of Agency Member Roberts who was absent. DEPARTMENTAL REPORT No additional comments. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. R:~lin utes.rda\082603 I ADJOURNMENT At 9:17 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, September 16, 2003 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Ron Roberts, Chairman Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:',Min utes.rda\082603 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY SEPTEMBER '16, 2003 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:22 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, and Roberts ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 26, 2003. MOTION: Agency Member Comerchero moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Naggar and voice vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. R:'u'vlinutes.rd a\091603 I ADJOURNMENT At 8:23 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, September 23, 2003 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:~Minutes.rda\091603 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY SEPTEMBER 23, 2003 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:10 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLLCALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, and Roberts ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Financial Statements for the Fiscal Year ended June 30, 2003 RECOMMENDATION: 1.1 Receive and file the Financial Statements for the Fiscal Year ended June 30, 2003. 2 Lease of A,qency Property - 27500 Jefferson Avenue RECOMMENDATION: 2.1 Approve a two-year lease agreement with Mattcor Enterprises, doing business as Kia World, for property located at 27500 Jefferson Avenue. MOTION: Agency Member Comerchero moved to approve Consent Calendar Item Nos. 1 and 2. The motion was seconded by Agency Member Naggar and voice vote reflected unanimous approval. AGENCY BUSINESS 3 Second Amendment to the Exclu'sive Neqotiation Agreement with AGK Group, LLC, RECOMMENDATION: 3.1 Approve the Second Amendment to the Exclusive Negotiating Agreement between Agency and AGK Group, LLC. Redevelopment Director John Meyer presented the staff report (of record. R:\Minutes.rda\092303 1 MOTION: Agency Member Stone moved to approve staff recommendation. The motion was seconded by Agency Member Na99ar and voice vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. ADJOURNMENT At 8:13 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Wednesday, October 22, 2003 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:'~Vlin utes. rda\092303 2 ITEM 2 TO: FROM: DATE: SUBJECT: APPROVAL CitY ATTORNEY //~'*'" ' _ DIRECTOR Of FINAN[3E CITY MANAGER ,..~') TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Agency Members John Meyer, Redevelopment Director October 22, 2003 Second Amendment to the Professional Services Agreement with Keyser Marston Associates to Provide Fiscal Analysis of Agency Projects RECOMMENDATION: That the Redevelopment Agency Board approve the Amendment No. 2 to the Professional Services Agreement with Keyser Marston Associates (KMA) to provide fiscal analysis for the not to exceed amount of $25,000 and authorize the Executive Director of the Agency to execute the Amendment. BACKGROUND: On May 3, 2002, the Redevelopment Agency entered into a Professional Services Agreement with KMA to provide independent fiscal analysis of the Corporation for Better Housing (CBH) senior housing project on Pujol Street. On January 28, 2003, The Redevelopment Agency approved Amendment No. I to the Professional Services Agreement with Keyser Marston (KMA) to complete work on CBH, an amendment to the DDA for Affirmed Housing and minor work on projects relating to Habitat for Humanity and other ~otential affordable housing projects by increasing the total amount of funding to $50,000. Since executing the onginal contract in May 2002, KMA has assisted the Agency with evaluation and implementation of a range of affordable housing projects, including Rancho Meadows, the Affirmed Housing Group (AHG) single-family development, Habitat for Humanity single-family homes, and the Corporation for Better Housing (CBH) senior apartments. Due to the complexity of analyses and negotiations, KMA has essentially exhausted the available budget. To ensure that the Agency has adequate funds to provide for these fiscal services, staff is recommending an increase in the total amount of funding to $75,000, which is an increase of $25,000 above the existing amount. Keyser Marston is also under contract with the Agency for two other projects. FISCAL IMPACT: This Amendment to the Professional Services Agreement with KMA is for a not to exceed amount of $25,000 to complete the remaining portion of the agreement. The total cost of the agreement, including the Amendment No. I and Amendment No. 2 is $75,000. Funding for this agreement is through the Redevelopment Agency's Low to Moderate Housing Fund (account number 165-199-999-5250). Adequate funds are available. ATTACHMENTS: Second Amendment to Agreement Between City of Temecula Redevelopment Agency and Keyser Marston Associates Scope of Work R:~Agreements\KMA PSA Amendment october22.doc SECOND AMENDMENT TO AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND KEYSER MARSTON ASSOCIATES AFFORDABLE HOUSING DEVELOPMENTS THIS 2nd AMENDMENT is made and entered into as of October 22, 2003 by and between the Redevelopment Agency of the City of Temecula, a municipal corporation "Agency" and Keyser Marston Associates Inc. (~Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On May 3, 2002 the Agency and Consultant entered into that certain agreement entitled "Redevelopment Agency" of Temecula Agreement for Affordable Housing Developments (Agreement") in the amount of Twenty Four Thousand Five Hundred Dollars ($24,500). B. On January 28, 2003 the Agency and Consultant amended the Agreement as entitled "Redevelopment Agency" of Temecula First Amendment to Agreement for Affordable Housing Developments (Amendment ") in the amount of Twenty Five Thousand Five Hundred Dollars ($25,500). Amendment. The parties now desire to amend the Agreement as set forth in this Second 2. Section 1. of the Agreement is hereby amended to read as follows: This Agreement shall commence on October 22, 2003, and shall remain and continue in effect until tasks described herein are completed, but in no event later than October 22, 2004, unless sooner terminated pursuant to the provisions of this Agreement. The Agency amended the existing agreement dated May 3, 2002 to incorporate an additional scope of work and provide for an additional amount of Twenty Five Thousand Dollars ($25,000) for a total amended agreement of Seventy Five Thousand Dollars ($75,000). 3. Exhibit A is added to the Agreement as set forth on Attachment "A' to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect, R:\Amendments\2ndAmendcbhoctober2003.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Shawn D. Nelson, Executive Director ATTEST: BY: Susan W. Jones, CMC, Agency Secretary Approved As to Form: BY: Peter M. Thorson, Agency Counsel CONSULTANT Paul Marra Keyser Marston Associates Inc. 1660 Hotel Circle North, Suite 716 San Diego, CA 92108 BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) R: \Amendment s \ 2ndAmendcbhoctober2003 .doc KEYSER MARSTON ASSOCIATES ]NC. To: MEMORANDUM John Meyer, AICP, Redevelopment Director City of Temecula Gerald M. Trimble Paul C. Matra Calvin E. Hollis, 11 Kathleen H. Head James A, Rabe Paul C. Anderson Gregory D. Soo-Hoo From: KEYSER MARSTON ASSOCIATES, INC. Date: October 2, 2003 Subject: Affordable Housing Consulting Services - Amendment to Existing Contract - Previously Amended January 22, 2003 This memorandum presents Keyser Marston Associates, Inc.'s (KMA's) proposal to undertake additional work tasks in accordance with our existing contract for consulting services related to affordable housing issues in the City of Temecula, most recently amended January 22, 2003. Since executing the original contract in May 2002, KMA has assisted the Agency with evaluation and implementation of a range of affordable housing projects, including Rancho Meadows, the Affirmed Housing Group (AHG) single-family development, Habitat for Humanity single-family homes, and the Corporation for Better Housing (CBH) senior apartments. Due to the complexity of analyses and negotiations, KMA has essentially exhausted the available budget. KMA envisions the following work tasks in order to complete transactions for these and other Agency-sponsored housing projects: 1. Finalize pro formas and financial analyses based on developer submittals. 2. Participate in meetings and teleconferences with Agency staff and developers to review pro forma analyses and negotiate the amount and terms of any Agency assistance. 03485MM 19545.014.002 To: John Meyer, AICP, Redevelopment Director October 2, 2003 Subject: Affordable Housing Consulting Services - Amendment to Page 2 Existing Contract- Previously Amended January 22, 2003 3. Assist Agency legal counsel in documenting specific provisions of transactions. 4. Prepare suppoding memoranda and/or Section 33433 reports and re-use analyses to justify the level of Agency assistance to the developments. 5. Participate in meetings with Agency officials reviewing the transactions. KMA recommends that the Agency amend our existing contract to provide for additional budget in the amount of $25,000. We propose to undertake the above services on a time-and- materials basis, subject to the attached 2003-2004 schedule of standard hourly billing rates. We trust that this proposal is acceptable, and look forward to assisting you with the completion of these important projects. Please call if you require additional information. attachment 03485MM 19545.014.002 KEYSER MARSTON ASSOCIATES, INC. HOURLY FEE SCHEDULE 2003~2004 A. JERRY KEYSER * $235.00 MANAGING PRINCIPALS* $230.00 PRINCIPALS* $220.00 MANAGERS* $175.00 SENIOR ASSOCIATES $160.00 ASSOCIATES $140.00 SENIOR ANALYSTS $125.00 ANALYSTS $105.00 TECHNICAL STAFF $ 82.50 ADMINISTRATIVE STAFF $ 67.50 Directly related job expenses not included in the above rates are: auto mileage, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data pro- cessing, graphics and printing. Directly related job expenses will be billed at 110% of cost. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. A charge of 1% per month will be added to all past due accounts. * Rates for individuals in these categories will be increased by 50% for time spent in court testimony. 03485MM 19545.014.002 ITEM 3 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Members John Meyer, Redevelopment Director ~'~.... October 22, 2003 Old Town Billboard Annual Change Outs RECOMMENDATION: That the Agency Board approve a $5200 Billboard Change-out Agreement with Lamar Advertising Company for the Old Town Billboard located on the Interstate15 Fwy. BACKGROUND: On July 22, 2003, the Agency approved a $30,000 lease agreement with Lamar Advertising Company for the Old Town Billboard located on the Interstate 15. The Billboard has been considered an effective tool to advertise Old Town to the motoring public along Interstate 15. In addition to the monthly Lease, Lamar Advertising charges $400 for an event change-out on the Billboard. The Agency advertises thirteen events in Old Town throughout the year; therefore, the change-out costs are $5200 for FY 2003-04. FISCAL IMPACT: The change-out agreement costs for $5200 ($400 per change-out) will be funded through the Old Town Implementation Plan (280-199-999-5362). Attachments: Billboard Lease Old Town List of Events R:\Oldtown~Billboard~illboarch a ngeoutdstaffreporL doc ORDER FOP 'AINTED BULLETIN DISPLAY 175 south c streei, third floor- tustin, ca 92780' (714) 838-9026- fax (714) 730-5461 adams advertising, inc. Account Executive: Greg Adams Advertiser: Temecula Redevelopment Agency Contract No.: Agency: None Date: Product: Old Town Temecula Stun Date: Paintings/Vinyls Annually: One (1) Expiration Date: 017N-437 April 1, 2003 July 1, 2003 June 30, 2004 The undersigned hereby authorize and instruct Adams Advertising, Inc. to paint, in a good workm~-!ike manner in accordance with design or copy agreed upon and maintain same for a period of Twelve (12) months, commencing upon completion but not later than July 1. 2003. the outdoor display described below, at the price per month for each location as indicated on the contract. Each monthly payment is to be made on or before 15 days after date of invoice. In consideration of the above described service the undersigned hereby promise and agree to pay Adams Advertising, Inc., at their office in Tustin, California ($2,500.00-- ......................... ) Two Thousand Five Hundred and no/100 dollars in lawful money of the United States per month for Twelve 02) months, payable monthly in advance plus any initial pro-rated month. Advertiser agrees that it may be difficult to ascertain the exact amount of damages, in the event advertiser fails to make timely payments as set forth herein, therefore, the parties hereto agree that advertiser shall pay Adams Advertising, Inc. late charges in the amount of ten percent (10%) per annum of any monthly payment in excess of fifteen (15) days delinquent. LOCATION DESCRIPTION ILLUMINATED SIZE Board No. 017N Interstate 15 we~tline .7 miles south of Rancho California Road Face north Temecula Yes 10' x 30' PRICE PER MONTH $2,500.00 Net Last two (2) months rental in advance. Eamed paint/vinyl do~ not include pictorial. Cutout extensions will be charged at $ 25.00 per square foot. Art work will be charged at $ 400.00 per layout. All art work furnished to Adams Advertising, Inc. to be scaled one-half (1/2) inch to the foot. Adams Advertising, Inc reserves the right at any time (either before or after painting) to censor, reject, or withdraw any advertising cop~, under this contract. Advertiser and Agency each agree to defend, indemnify, and save Adams Advertising, Inc. harmless from any and all demands arising out of the character, contents and subject matter of any copy displayed pursuant to this order. This order shall renew itself for one (1) year unless either party notifies the other~ in ninety (90) days prior to the initial expiration. The continuation of this contract for one tll aauitionai year vml ne automauca y subject to a ten percent (10%) increase. Advertiser agrees that this contract and all of the rights, duties, and obligations herein, e. mmo.t be assign.ed, sold or tra~.sfeaz~t bbY Advertiser without written consent of Adams Advertising, Inc. It is further agreed by Adverttser that any such transfer or asstgnman y Advertiser will not relieve Advertiser of its duties and obligations under this agreement, including the obligation to pay the agreed upon monthly space rental. If Advertiser is a corporation, an.}, officer signing this contract on behalf of the corporation agrees to be personally and individually liable for all the ten'ns and condihons of this agreement, including payment of all sums celled for herein. This contract is signed and accepted subject to the terms and conditions stipulated on both sides of this contract. I/we have read both sid~ of this contract. INITIAL HERE THIS AGREEMENT MUST BE SIGNED BY THE ADVERTISER AND THE AGENCY AD~dVIS ADVERTISING INC. Legal Name of Advertiser: Temecula Redevelopment ARencv Accepted By: Sign Here: Date: A TTF.~-T/~Y-~'t~t~.nr~I~. /~ City Clerk ~ APPROVED A~TO~. ~ _~ -- ~te, M. ~orson ~::~ ~:~11 FORM:~ /~~~ity Attorney Addr~s~ VO~ OI[I~VOX Agency: ~ City, S~te, Zip: Temecula~ CA 92589 OLD TOWN TEMECULA REDEVELOPMENT AGENCY EVENTS 2003-2004 Dates: First Friday Hot Summer Nights [] Quilt Festival Fall Rod Run Howl-O-Ween in Old Town Friday, July 5tn - Red White and Blues (blues bands) Friday, August 2nd - Steel Away - Caribbean Style Friday, September 6 - TBA Friday, October 4 - Americana - (Bluegrass, Western, Cowboy Poets) Saturday, October 2003 Saturday, October 2003 October 25 & 26, 2003 Erie Stanley Gardner Mystery, Weekend Christmas in Old Town Saturdays & Sundays, Rod Run Bluegrass Festival Dixieland Jazz & Roving Antique Show Western Days Street Painting Festival 4th of July Parade Temecula On-Stage November 1 & 2, 2003 November 22 - December 20, 2003 February 28 & 29, 2004 March - 2004 April - 2004 May - 2004 June - 2004 July - 2004 August - 2004 R:\Special Events\OLD TOWN TEMECULAevents2003-04.doc TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY SEPTEMBER 23, 2003 A regular meeting of the City of Temecula Public Financing Authority was called to order at 8:13 P.M, in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Pratt, Roberts, and Stone ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 26, 2003. MOTION: Authority Member Naggar moved to approve Consent Calendar Item No. 1. The motion was seconded by Authority Member Comerchero and voice vote reflected unanimous approval. PUBLIC HEARING 2 Formation of Community Facilities District - Wolf Creek No. 03-03 (Continued from August 26, 2003) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 03-18 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY MAKING FINDINGS OF COMPLEXITY OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) R:minutes.tpfa\092303 1 City Attorney Peter Thorson presented the staff report, stating that a continuance is once again requested on this matter. Explaining the need for the continuance, City Attorney Thorson stated the delay is caused by the extensive negotiations with the County of Riverside, and in order to make the necessary findings, adoption of the resolution is recommended. Mayor Stone asked if any requests to speak had been filed. City Clerk Jones responded no there were no requests to speak. MOTION: Authority Member Naggar moved to approve staff recommendation. The motion was seconded by Authority Member Roberts and voice vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT No comment. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 8:15 P.M., the Temecula Public Financing Authority meeting was formally adjourned. ATTEST: Jeffrey E. Stone, Chairman Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:minutes.tpfa\092303 2 ITEM 2 CITY ATTORNEY DIR.OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA and TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT City Council/Temecula Public Financing Authority City Manager/Executive Director October 22, 2003 Actions Relating to Acceptance of a Deposit and Initial Actions Related to Proceedings to Form a Community Facilities District (Harveston II) RECOMMENDATION: 1. That the City Council adopt the resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEPOSIT/REIMBURSEMENT AGREEMENT - HARVESTON II 2. That the Authority adopt the resolutions entitled: RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO - HARVESTON II RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN - HARVESTON II R:/Agenda Reports/Form CFD Harveston II 10 22 RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) BACKGROUND: Harveston, LLC (the "Developer") has requested that a community facilities district (the UCFD") be formed to assist in the financing of additional public improvements in connection with the Harveston development, as required by Sections 3 and 6 of the First Operating Memorandum to the Recorded Development Agreement Between Lennar Homes inc. and Winchester Hills I, LLC and City of Temecula, dated as of April 11, 2003, between the City and the Developer. The CFD will only include land owned by the Developer. The City and the Redevelopment Agency created the Authority in 2001, by execution of a joint exemise of powers agreement, to provide an independent governmental entity that could consider proposed community facilities district financings and act as the issuer of any related bonds. The Developer has agreed to pay all City and Authority costs related to the proposed CFD formation and bond issue, and a Deposit/Reimbursement Agreement has been prepared with respect thereto. Any bonds issued for the CFD would be payable solely from special taxes levied on land in the CFD and collected by the Authority. The City Council and the Authority will consider the adoption of a resolution approving the Deposit/Reimbursement Agreement and authorizing the City Finance Director to accept and expend and deposit made by the Developer for CFD related costs as referenced therein. The Authority will then consider the adoption of two resolutions related to the formation of the proposed community facilities district. One of the resolutions expresses the intent of the Board of Directors of the Authority to form the CFD and describes the facilities to be eligible to be financed by the CFD, and the other resolution expresses the intent of the Authority to issue up to $5,500,000 in bonds for the CFD to finance the costs of the facilities. The resolution of intention to form the CFD also identifies future parcels to be annexed to the CFD, and approves a supplement to the Indenture of Trust for the Authority's outstanding Community Facilities District No. 01-2 (Harveston) Variable Rate Demand Special Tax Bonds, 2002 Series A to allow for the issuance of bonds for the proposed CFD secured by a lien on property in the Authority's existing CFD No. 01-2. SPECIFIC ACTIONS: In order to begin the process to consider the formation of the community facilities district and the issuance of the bonds, the City Council will consider adoption of a resolution approving a Deposit/Reimbursement Agreement, and the Authority will then consider adoption of a resolution accepting the Developer's deposit, approving a Deposit/Reimbursement Agreement with the City and the Developer and engaging professionals to assist the City and the Authority in forming the CFD and issuing bonds of the Authority for the CFD. The Authority will then consider the adoption of two resolutions of intention relative to the proposed community facilities district. These resolutions call for public hearings on November 25, 2003 on the formation of the CFD, the annexation of future territory to the CFD and the issuance of bonds, and otherwise specify the boundaries of the CFD (by reference to a map on file with the City Clerk, as Secretary of the Authority), the land that may be annexed to the CFD, and the rate and method of apportionment of special taxes to be levied solely on land in the R:/Agenda Reports/Form CFD Harveston II 10 22 CFD to repay the bonds. The Resolution of intention to form the CFD also approves a supplement to an existing Authority indenture to allow for the bonds to be issued by the proposed CFD to have a lien on land already included in another community facilities district of the Authority. FISCAL IMPACT: The Developer has agreed to pay all-out-of-pocket expenses incurred relative to the proposed financing. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the Authority. All annual costs of administering the bonds issued will be paid by special taxes levied on the properties in the community facilities district. Any CFD bonds will not be obligations of the City, but will be limited obligations of the Authority, payable solely from special taxes levied on land in the community facilities district. Attachments: Resolutions (4) Deposit/Reimbursement Agreement First Supplemental Indenture of Trust R:/Agenda Reports/Form CFD Harveston II 10 22 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEPOSIT/REIMBURSEMENT AGREEMENT - HARVESTON II WHEREAS, Harveston, LLC (the "Developer") has requested that the Temecula Public Financing Authority (the "Authority") form a community facilities district to be known as the Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II), and is willing to advance funds to pay costs of the City of Temecula (the "City") and the Authority related thereto; and WHEREAS, the City desires to enter into a Deposit/Reimbursement Agreement with the Authority and the Developer (the "Deposit Agreement"), regarding the disposition of funds to be advanced by the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Deposit A,qreement. The City Council hereby approves and authorizes the City Manager to execute and deliver the Deposit Agreement in the form on file with the City Clerk together with any changes therein deemed advisable by the City Attorney, the approval of such changes to be conclusively evidenced by the execution and delivery by the City of the Deposit Agreement. The Director of Finance of the City is hereby authorized to accept the Deposit (as defined in Section I of the Deposit Agreement), and to use the deposit in the manner contemplated by the Deposit Agreement. Section 2. Official Actions. The Mayor, City Manager, City Clerk and all other officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the implementation of the Deposit Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution. R:/Resos 2003/Resos 03-__ 1 PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula, at a regular meeting held on the 22nd day of October, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 03-~ was duly adopted at a regular meeting of the City Council of the City of Temecula held on the 22nd day of October, 2003, by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03-~ 2 RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO - HARVESTON II WHEREAS, Harveston, LLC (the "Developer") has submitted to the Finance Director of the City of Temecula (the "City") $100,000 (the "Deposit") to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II)" (the "CFD"); and WHEREAS, there has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be executed by the Developer, the City and the Authority, and this Board of Directors now desires to authorize the Finance Director of the City to accept the money advanced by the Developer, to authorize the execution and delivery by the Authority of the Agreement, to employ certain consultants necessary for the formation of the CFD and the sale of bonds of the Authority for the CFD, and to authorize and direct Authority staff to take actions necessary to present to this Board of Directors for approval the documents necessary to form the CFD and issue bonds of the Authority for the CFD. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. The Director of Finance of the City of Temecula is hereby authorized and directed to accept the Deposit, and to use the Deposit in the manner contemplated by the Agreement. The Executive Director of the Authority is hereby authorized and directed to execute the Agreement for and on behalf of the Authority, and to take all actions necessary, in his discretion, to implement the Agreement. Section 2. City staff, acting for and on behalf of the Authority, are hereby authorized and directed to take all actions necessary or advisable to present to the Board of Directors for its review and approval all proceedings necessary to create the CFD and issue bonds of the Authority therefor. The passage of this Resolution shall in no way obligate this Board of Directors to form the CFD or issue bonds of the Authority for the CFD. Section 3. The firm of Stone & Youngberg LLC is hereby designated as underwriter to the Authority for any bonds to be issued for the CFD. Section 4. The firm of Albert A. Webb Associates is hereby designated as Special Tax Consultant to the Authority for the CFD, the firm of Fieldman Rolapp & Associates is hereby designated as financial advisor to the Authority for the CFD, the firm of McFarlin & Anderson LLP is hereby designated as Disclosure Counsel to the Authority for the CFD, and the firm of Quint & Thimmig LLP is hereby designated as Bond Counsel to the Authority for the CFD. The Executive Director is hereby authorized and directed to execute agreements with said firms for their services in connection with the CFD, in the respective forms on file with the City Clerk or otherwise in a form acceptable to the Executive Director. The fees and expenses of such R:/'rPFA Resos 2003/TPFA 03-~ 1 consultants shall be payable solely from the Deposit and /or the proceeds of bonds, if any, issued by the Authority for the CFD. Section 5. The Executive Director is hereby authorized and directed to engage Empire Economics to analyze the pricing of the homes in the proposed development in the CFD, and Stephen G. White, MAI, to do an appraisal of the land to be included in the CFD, in each case on such terms as are acceptable to the Executive Director. The fees and expenses of such consultants shall be payable solely from the Deposit and/or the proceeds of bonds, if any, issued by the Authority for the CFD. Section 6. The Chairperson, Executive Director, Treasurer, Secretary, legal counsel to the Authority, and all other officers and agents of the Authority are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 22n~ day of October, 2003. ATTEST: Jeffrey E. Stone, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] R:/TPFA Resos 2003/TPFA 03-__ 2 STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03- was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority held on the 22nd day of October, 2003, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary R:/'rPFA Resos 2003/TPFA 03-~ 3 RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN - HARVESTON II WHEREAS, under the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"), this Board of Directors may commence proceedings for the establishment of a community facilities district; and WHEREAS, there have been submitted to this Board of Directors a Petition (Including Waiver) of Harveston, LLC (the "Petition"), requesting the formation by this Board of Directors of a community facilities district under the Law to be known as the Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) (the "District"); and WHEREAS, under the Law, this Board of Directors is the legislative body for the proposed District and is empowered with the authority to establish the District and levy special taxes within the District; and WHEREAS, this Board of Directors now desires to proceed with the actions necessary to consider the establishment of the District, and to approve an amendment to an Indenture of Trust for outstanding Authority bonds to allow for the issuance of bonds for the District. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. This Board of Directors proposes to begin the proceedings necessary to establish the District pursuant to the Law. Receipt of the Petition to form the District is hereby acknowledged. Section 2. The name proposed for the District is Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Secretary, which boundaries are hereby preliminarily approved. The Secretary is hereby directed to record, or cause to be recorded, the map of the boundaries of the District in the office of the County Recorder as soon as practicable after the adoption of this Resolution. Section 4. The type of public facilities (the "Facilities") proposed to be eligible for funding by the District and pursuant to the Law shall consist of those items listed on Exhibit A hereto under the heading "Facilities," which Exhibit is by this reference incorporated herein. The Executive Director is hereby authorized and directed to enter into a joint community facilities agreement with the City of Temecula and any other public entity that will own and/or operate any of the Facilities, such agreements to be in a form provided by Bond Counsel. R:/TPFA Resos 2003/TPFA Resos 03-~ I Section 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and/or pay the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, and which specifies the tax year after which no further special tax will be levied on land used for private residential purposes and which otherwise complies with applicable provisions of the Act is described in Exhibit B attached hereto which Exhibit is by this reference incorporated herein. This Board of Directors finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the California Government Code (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District. Section 6. It is the intention of this Board of Directors, acting as the legislative body for the District, to cause bonds of the Authority to be issued for'the District pursuant to the Law to finance the costs of the Facilities. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $5,500,000, shall bear interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. Section 7. This Board of Directors reserves to itself the right and authority to allow any interested owner of property in the District, subject to the provisions of Section 53344.1 of the California Government Code and such requirements as it may otherwise impose, and any applicable prepayment penalties as prescribed in the indenture or fiscal agent agreement for any bonds of the Authority for the District, to tender to the Treasurer of the Authority in full payment or part payment of any installment of special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, in the manner described in Section 53344.1 of the California Government Code. Section 8. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the proposed District, with each owner having one vote for each acre or portion of an acre of land such owner owns in the District. Section 9. Except as may otherwise be provided by law or the rate and method of apportionment of the special tax for the District, all lands owned by any public entity, including the United States, the State of California and/or the City of Temecula, or any departments or political subdivisions of any thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities, the issuance of bonds by the Authority for the District and any expenses of the District. Section 10. The Director of Public Works of the City of Temecula is hereby directed to study the Facilities and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: R:/TPFA Resos 2003/'rPFA 03-__ 2 (a) A brief description of the Facilities. (b) An estimate of the fair and reasonable cost of providing the Facilities, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 11. Tuesday, November 25, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. Section 12. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. Section 13. The Board of Directors hereby determines that the contemplated formation of a community facilities district and issuance of community facilities district special tax bonds involving the Authority and the District, in accordance with Section 15061(b) of the California Environmental Quality Act (CEQA) Guidelines is not a "Project," as defined in Section 15378 of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Pursuant to CEQA Guidelines Sections 15061(d) and 15062, the Secretary is hereby directed to cause a Notice of Exemption to be prepared, executed and filed in regard to the foregoing determination. Section 14. The First Supplemental Indenture of Trust (the "Supplement"), in the form on file with the Secretary, is hereby approved. The Executive Director is hereby authorized and directed to execute and deliver the Supplement in such form, together with such changes thereto as shall be approved by the Executive Director following consultation with Bond Counsel, the approval of such changes to be conclusively evidenced by the execution of the Supplement by the Executive Director. Section 15. This Board of Directors hereby determines that public convenience and necessity require that territory be added to the District in the future, and that this Resolution shall constitute a resolution of intention to annex territory to the District pursuant to Sections 53339.2 and 53339.3 of the Law. The name for the District is Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II). The territory proposed for annexation to the District in the future is as indicated as such on the map of the District described in Section 3 above (the "Annexation Area"); provided that such territory may be annexed to the District only with the unanimous approval of the owner or owners of each parcel or the parcels to be annexed at the time that parcel or those parcels are so annexed. The types of facilities to be provided in the District and in the Annexation Area are the "Facilities" referenced in Section 4 above, and such Facilities shall be shared equally by all parcels to be included in the District and in the Annexation Area. The special taxes which will be levied in the Annexation Area shall be the same as those described in Section 5 above, and there shall be no alteration in the special tax rate levied in the District as a result of the proposed annexation R:/TPFA Resos 2003/TPFA 03-_ 3 except as may occur by operation of the Rate and Method of Apportionment of Special Tax in Exhibit B solely as a result of additional territory being included within the District. The hearing regarding the proposed annexation described in this Section 15 and required by Section 53339.3(0 of the Law shaft be combined with the hearing described in Section 11 above, and the notice described in Section 12 above shall constitute the notice required by Section 53339.4 of the Law. Section 16. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 22nd day of October, 2003. Al-rEST: Jeffrey E. Stone, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CiTY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03- was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority held on the 22"e day of October, 2003, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secmtary R:,'TPFA Resos 2003/TPFA 03-__ 4 EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) DESCRIPTION OF FACILITIES TO BE FUNDED BY THE DISTRICT FACILITIES It is intended that the District will finance all or a portion of the costs of any of the following: The widening of the Ynez Road bridge over San Gertrudes Creek, as further described in Section 6 of the First Operating Memorandum to the Recorded Development Agreement Between Lennar Homes Inc. and Winchester Hills I, LLC and City of Temecula, dated as of April 11, 2003, between Harveston, LLC, and the City of Temecula (the "Memorandum"). Design of and improvements to the Winchester Road/Ynez Road intersection, as further described in Section 3 of the Memorandum. The Facilities shall include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of any required environmental mitigation and any required noise mitigation measures, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. OTHER The District may also finance any of the following: 1. Bond related expenses, including underwriters discount, financial advisor fees and expenses, appraisal and price point study costs, reserve fund, capitalized interest, bond and disclosure counsel fees and expenses, landowner counsel fees and expenses and all other incidental expenses. 2. Administrative fees of the Authority, the City of Temecula and the Bond trustee or fiscal agent related to the District and the Bonds. 3. Reimbursement of costs related to the formation of the District advanced by the Authority, the City of Temecula, any landowner in the District, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the Authority, the City of Temecula, any landowner in the District or any party related to any of the foregoing, for facilities, fees or other purposes or costs of the District. EXHIBIT B TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Special Tax shall be levied and collected on all Taxable Property in the Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) ("CFD No. 03-06") each Fiscal Year in an amount determined by the CFD Administrator through the application of the appropriate Special Tax based on the procedures described below. All of the real property within CFD No. 03-06, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other similar recorded County instrument. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of CFD No. 03-06, including but not limited to: the costs of computing the Special Taxes and of preparing the annual Special Tax collection schedules (whether by the CFD Administrator or designee thereof or both); the costs of collecting the Special Taxes (whether by the Authority, County, City, or otherwise); the costs of remitting the Special Taxes to the Trustee for any Bonds; the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under any Indenture; the costs of the Authority, City or designee in complying with arbitrage rebate and disclosure requirements of applicable federal and State securities laws, the Act and the California Government Code, including property owner inquiries regarding the Special Taxes; the costs associated with the release of funds from any escrow account; the costs of the Authority, City or designee related to an appeal of the Special Tax; and an allocable share of the salaries of the City staff and City overhead expense directly relating to the foregoing. Administrative Expenses shall also include amounts advanced by the City or the Authority for any administrative purposes of CFD No. 03- 06. "Apartment Property" means any Assessor's Parcels of Developed Property for which building permits have been issued for attached residential units which are made available for rental, but not purchase, by the general public. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Class of Developed Property, as determined in accordance with Section C below. "Authority" means the Temecula Public Financing Authority. "Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C below. "Board of Directors" means the Board of Directors of the Authority, acting as the legislative body of CFD No. 03-06. "Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued or incurred by CFD No. 03-06 under the Act. "CFD Administrator" means the Finance Director of the City, or designee thereof, responsible for determining the Special Tax required and various other amounts described herein for providing for the levy and collection of the Special Taxes. "CFD No. 03-06" means Community Facilities District No. 03-06 (Harveston II) of the Temecula Public Financing Authority. "City" means the City of Temecula. "County" means the County of Riverside. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property and Public Property, for which (i) a Final Subdivision was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied and (ii) a building permit was issued after January 1, 2003, but prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied. "Final Subdivision" means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or the recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, trust agreement, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Table 1. "Maximum Special Tax" means the maximum amount of Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel to satisfy the Special Tax Requirement. "Non-Residential Floor Area" means the total floor area of a non-residential building(s) located on an Assessor's Parcel, measured from outside wall to outside wall, exclusive of overhangs, porches, patios, carports, or similar spaces attached to the building but generally open on at least two sides, as determined by reference to the building permit(s) issued for that Assessor's Parcel, or if these are not available, as otherwise determined by the CFD Administrator. "Outstanding Bond(s)" means, as of any date, all Bonds previously issued that are outstanding under the applicable Indenture. "Property Owner Association Property" means any property within the boundaries of CFD No. 03-06 that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder, to a property owner association, including any master or sub-association. "Proportionately" means for: (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is equal for all Assessor's Parcels of Developed Property within CFD No. 03-06, (ii) Undeveloped Property, that the ratio of the actual Special Tax levy per Acre of Undeveloped Property is equal for all Assessor's Parcels of Undeveloped Property, (iii) Taxable Property Owners Association Property, that the ratio of the actual Special Tax levy per Acre of Taxable Property Owners Association Property is equal for all Assessor's Parcels of Taxable Property Owners Association Property, and (iv) Taxable Public Property, that the ratio of the actual Special Tax levy per Acre of Taxable Public Property is equal for all Assessor's Parcels of Taxable Public Property. "Public Property" means any property within the boundaries of CFD No. 03-06 that is used for rights-of-way or any other purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. Once a parcel has been designated as Public Property, it shall retain such status permanently. "Residential Floor Area" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator with reference to the building permit(s) issued for such Assessor's Parcel or other appropriate means selected by the CFD Administrator. Once such determination has been made for a parcel, it shall remain fixed in all future Fiscal Years. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one or more residential dwelling units. "Service Commercial Property" means all Assessor's Parcels that are south of Ynez Road pursuant to Tract No. 29639-2. "Single Family Property" means all Assessor's Parcels of Residential Property, other than Apartment Property, for which building permits have been issued for detached or attached residential units. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property, Undeveloped Property, Taxable Property Owner Association Property and Taxable Public Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Section D, below. "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 03-06 to: (a) (i) pay debt service on all Outstanding Bonds for the calendar year that commences in such Fiscal Year; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement, liquidity support and rebate payments on the Bonds; (iii) pay Administrative Expenses; and (iv) pay any amounts required to establish or replenish any reserve funds for any Outstanding Bonds; less (b) a credit for funds available to reduce the annual Special Tax levy under the Indenture, as determined by the CFD Administrator. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 03-06 that are not exempt from the Special Tax pursuant to law or Section E below. "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property that are not exempt pursuant to Section E below. "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt pursuant to Section E below. "Total Floor Area" means for an Assessor's Parcel, the sum of the Residential Floor Area plus the Non-Residential Floor Area. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Property Owner Association Property or Taxable Public Property. "Update Property" means an Assessor's Parcel of Undeveloped Property for which a building permit has been issued, but which has not yet been classified as Developed Property, Taxable Property Owner Association Property or Taxable Public Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 03-06 shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property or Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be assigned to a Land Use Class as specified in Table 1. The Assigned Special Tax for Single Family Property and Apartment Property shall be based on the number of dwelling units. The Assigned Special Tax for Non-Residential Property shall be based on the Acreage of the Assessor's Parcel. CJ MAXIMUM SPECIAL TAX RATE Developed Property a. Maximum Special Tax The Maximum Special Tax shall be the greater of (i) the amount derived by application of the Assigned Special Tax, or (ii) the amount derived by application of the Backup Special Tax. b. Assigned Special Tax The Assigned Special Tax for Developed Property in each Fiscal Year for each Land Use Class, commencing with Fiscal Year 2004-2005 and for each Fiscal Year thereafter, is shown below in Table 1. TABLE 1 Assigned Special Tax Amounts for Developed Property Community Facilities District No. 03-06 Assigned Land Special Tax Per Use Class Description Unit/Acre 1 Single Family Property $327 per unit 2 Apartment Property $327 per unit 3 Non-Residential Property $2,525 per Acre c. Backup Special Tax The Backup Special Tax for Developed Property in each Fiscal Year, shall be $2,525 per Acre for Residential Property and Non-Residential Property. d. Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Assigned Special Tax levied on an Assessor's Parcel shall be the sum of the Assigned Special Tax levies for all Land Use Classes located on that Assessor's Parcel. The Backup Special Tax levied on an Assessor's Parcel shall be the sum of the Backup Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. For purposes of calculating the Backup Special Tax (but not the Assigned Special Tax) for each Land Use Class under such circumstances, the Acreage assigned to each Land Use Class shall be based on the proportion of Residential Floor Area or Non-Residential Floor Area that is built for each Land Use Class as compared with the Total Floor Area built on the Assessor's Parcel. All allocations made under this section shall be determined by the CFD Administrator, and all such allocations shall be final. 2. Undeveloped Property, Taxable Property Owner Association Property and Taxable Public Property a. Maximum Special Tax The Maximum Special Tax for Undeveloped Property shall be $2,525 per Acre. The Maximum Special Tax for Taxable Property Owner Association Property and Taxable Public Properly shall be $2,525 per Acre. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2004-2005, and for each following Fiscal Year, the CFD Administrator shall levy the Special Tax as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax as needed to satisfy the Special Tax Requirement; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax as needed to satisfy the Special Tax Requirement; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the levy of Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property up to the Maximum Special Tax for Taxable Property Owner Association Property; and Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the first four steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Public Property up to the Maximum Special Tax for Taxable Public Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property used for private residential purposes be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 03-06. E. EXEMPTIONS No Special Tax shall be levied on up to 107.44 Acres of Property Owner Association Property, Public Property, and Service Commercial Property. The CFD Administrator will assign tax- exempt status to Assessor's Parcels in the chronological order in which such Parcels are known to the CFD Administrator to become Property Owner Association Property, Public Property or Service Commercial Property. Once an Assessor's Parcel of Public Property has been classified as exempt, its tax-exempt status will be permanent, independent of its future uses. Property Owner Association Property or Public Property that is not exempt from Special Tax levies under this section shall be subject to the levy of Special Tax and shall be taxed Proportionately as part of the fourth and fifth steps, respectively, in Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public Property. All Assessor's Parcels that have fully prepaid their Special Tax lien pursuant to Section I are exempt from future Special Tax levies. G. REVIEW AND APPEAL Any taxpayer may file a written appeal of the Special Tax levied on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant's property. No refunds of previously paid Special Taxes shall be made. H. MANNER OF COLLECTION The Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 03-06 or as otherwise determined appropriate by the CFD Administrator. I. PREPAYMENT OF SPECIAL TAX The following definition applies to Section I. "Outstanding Prepayment Bonds" means, as of any date, all Bonds previously issued that are anticipated by the CFD Administrator to be outstanding under the applicable Indenture immediately after the first principal payment date for such Bonds following the then current Fiscal Year. 1. Prepayment in Full The Special Tax obligation described in Section D above with respect to any Assessor's Parcel of Developed Property or Update Property may be fully prepaid. In addition, the Special Tax obligation of any Assessor's Parcel of Taxable Public Property and/or Taxable Property Owner Association Property may be prepaid. A prepayment may be made on an Assessor's Parcel only if there are no delinquent Special Tax levies with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. The CFD Administrator may charge the Assessor's Parcel owner a reasonable fee for providing these figures, which must be paid by the owner of the Assessor's Parcel prior to the calculation of the prepayment amount. Prepayment must be made not less than 15 days prior to the next occurring date that notice of redemption of Bonds from the proceeds of such prepayment may be given to the Trustee pursuant to the Indenture. The Prepayment Amount (defined below) for any Assessor's Parcel of Taxable Public Property may be determined by the CFD Administrator as authorized under Sections 53317.3 and 53317.5 of the Act. However, no Special Tax prepayment for any Assessor's Parcel of Taxable Public Property shall be allowed unless the amount of Assigned Special Tax levies that may be imposed on Taxable Property within CFD No. 03-06 after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount shall be calculated as follows: Paraqraph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. For Assessor's Pamels of Developed Property, compute the Assigned Special Tax and Backup Special Tax applicable for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property which are also classified as Update Property, compute the Assigned Special Tax and Backup Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. (a) Divide the Assigned Special Tax or Maximum Special Tax computed pursuant to paragraph 2 by the estimated Assigned Special Tax levies for all of CFD No. 03-06 based on the Developed Property Special Tax levies which could be imposed in the current Fiscal Year on all expected development in CFD No. 03-06, excluding any Assessor's Parcels which have been prepaid; and (b) Divide the Backup Special Tax computed pursuant to paragraph 2 by the estimated Backup Special Tax levies at buildout for all of CFD No. 03-06 using the Backup Special Tax amounts for the current Fiscal Year, excluding any Assessor's Parcels which have been prepaid. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Outstanding Prepayment Bonds, and (if determined necessary by the CFD Administrator to effect the redemption of Bonds with such prepayment) round up to the nearest integral multiple of $5,000 to compute the amount of Outstanding Prepayment Bonds to be retired and prepaid (the "Bond Redemption Amount"). Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium, if any, on the Outstanding Prepayment Bonds to be redeemed (the "Redemption Premium"). Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Prepayment Bonds. Determine the amount of the Special Tax levied on the Assessor's Parcel in the current Fiscal Year which, has not yet been paid. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Prepayment Bonds to be redeemed with the prepayment. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8 (the "Defeasance Amount"). 10. Verify the administrative fees and expenses of CFD No. 03-06, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 11. If bond reserve funds for the Outstanding Prepayment Bonds, if any, are anticipated to be at or above 100% of the bond reserve requirement (as specified in the Indenture) immediately after the first principal payment date in the next Fiscal Year, the reserve fund credit shall equal the expected reduction in the bond reserve requirement, if any, associated with the redemption of Outstanding Prepayment Bonds as a result of the prepayment (the "Reserve Fund Credit"). No Reserve Fund Credit shall be granted if bond reserve funds are anticipated to be below 100% of the bond reserve requirement immediately after the first principal payment date in the next Fiscal Year. 12. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 9 and 10, less the amounts computed pursuant to paragraph 11 (the "Prepayment Amount"). 13. From the Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, and 9 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Prepayment Bonds or make debt service payments. The amount computed pursuant to paragraph 10 shall be retained by CFD No. 03-06. The Prepayment Amount may be insufficient to redeem an integral multiple of $5,000 of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 (above), the CFD Administrator shall remove the Special Tax from the current Fiscal Year's levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the Board of Directors shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Tax and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied on Taxable Property within CFD No. 03-06 after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds folowing the proposed prepayment. 2. Prepayment in Part The Maximum Special Tax on an Assessor's Parcel of Developed Property or Update Property may also be partially prepaid. The amount of the prepayment shall be calculated as in Section 1.1; except that a partial prepayment shall be calculated according to the following formula (provided that the partial prepayment must in any event be sufficient to, in addition to payment of all other components of the Prepayment Amount, redeem Bonds in increments of $5,000): PP = ((PE-A) x F) +a These terms have the following meaning: pp = PE = F = the partial prepayment the Prepayment Amount calculated according to Section I. 1 the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Special Tax. the Administrative Fees and Expenses calculated according to Section I. 1 The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Special Tax, (ii) the percentage by which the Maximum Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. Such fee must be paid prior to the calculation of the Prepayment Amount. With respect to any Assessor's Parcel that is partially prepaid, the CFD Administrator shall (i) distribute the funds remitted to it according to Paragraph 13 of Section 1.1. and (ii) indicate in the records of CFD No. 03-06 that there has been a partial prepayment of the Maximum Special Tax and that a portion of the Maximum Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. J. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed 50 Fiscal Years, commencing with Fiscal Year 2004-2005. EXHIBIT C TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) NOTICE OF PUBLIC HEARING Notice is hereby given that on October 22, 2003, the Board of Directors of the Temecula Public Financing Authority adopted a Resolution entitled '% Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention To Establish A Community Facilities District And To Authorize The Levy Of Special Taxes Therein - Harveston I1." Pursuant to the Mello-Roos Community Facilities Act of 1982, the Board of Directors of the Authority hereby gives notice as follows: A. The text of said Resolution of Intention is as follows: WHEREAS, under the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"), this Board of Directors may commence proceedings for the establishment of a community facilities district; and WHEREAS, there have been submitted to this Board of Directors a Petition (Including Waiver) of Harveston, LLC (the "Petition"), requesting the formation by this Board of Directors of a community facilities district under the Law to be known as the Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) (the "District"); and WHEREAS, under the Law, this Board of Directors is the legislative body for the proposed District and is empowered with the authority to establish the District and levy special taxes within the District; and WHEREAS, this Board of Directors now desires to proceed with the actions necessary to consider the establishment of the District, and to approve an amendment to an Indenture of Trust for outstanding Authority bonds to allow for the issuance of bonds for the District. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. This Board of Directors proposes to begin the proceedings necessary to establish the District pursuant to the Law. Receipt of the Petition to form the District is hereby acknowledged. Section 2. The name proposed for the District is Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II). Section 3. The proposed boundaries of the Distdct are as shown on the map of the District on file with the Secretary, which boundaries are hereby preliminarily approved. The Secretary is hereby directed to record, or cause to be recorded, the map of the boundaries of the District in the office of the County Recorder as soon as practicable after the adoption of this Resolution. Section 4. The type of public facilities (the "Facilities") proposed to be eligible for funding by the District and pursuant to the Law shall consist of those items listed on Exhibit A hereto under the heading "Facilities," which Exhibit is by this reference incorporated herein. The Executive Director is hereby authorized and directed to enter into a joint community facilities agreement with the City of Temecula and any other public entity that will own and/or operate any of the Facilities, such agreements to be in a form provided by Bond Counsel. Section 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and/or pay the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, and which specifies the tax year after which no further special tax will be levied on land used for private residential purposes and which otherwise complies with applicable provisions of the Act is described in Exhibit B attached hereto which Exhibit is by this reference incorporated herein. This Board of Directors finds that the previsions of Section 53313.6, 53313.7 and 53313.9 of the California Government Code (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District. Section 6. It is the intention of this Board of Directors, acting as the legislative body for the District, to cause bonds of the Authority to be issued for the District pursuant to the Law to finance the costs of the Facilities. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $5,500,000, shall bear interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. Section 7. This Board of Directors reserves to itself the right and authority to allow any interested owner of property in the District, subject to the provisions of Section 53344.1 of the California Government Code and such requirements as it may otherwise impose, and any applicable prepayment penalties as prescribed in the indenture or fiscal agent agreement for any bonds of the Authority for the District, to tender to the Treasurer of the Authority in full payment or part payment of any installment of special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, in the manner described in Section 53344.1 of the California Government Code. Section 8. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the proposed District, with each owner having one vote for each acre or portion of an acre of land such owner owns in the District. Section 9. Except as may otherwise be provided by law or the rate and method of apportionment of the special tax for the District, all lands owned by any public entity, including the United States, the State of California and/or the City of Temecula, or any departments or political subdivisions of any thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities, the issuance of bonds by the Authority for the District and any expenses of the District. Section 10. The Director of Public Works of the City of Temecula is hereby directed to study the Facilities and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: (a) A brief description of the Facilities. (b) An estimate of the fair and reasonable cost of providing the Facilities, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 11. Tuesday, November 25, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. Section 12. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. Section 13. The Board of Directors hereby determines that the contemplated formation of a community facilities district and issuance of community facilities district special tax bonds involving the Authority and the District, in accordance with Section 15061(b) of the California Environmental Quality Act (CEQA) Guidelines is not a "Project," as defined in Section 15378 of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Pursuant to CEQA Guidelines Sections 15061(d) and 15062, the Secretary is hereby directed to cause a Notice of Exemption to be prepared, executed and filed in regard to the foregoing determination. Section 14. The First Supplemental Indenture of Trust (the "Supplement"), in the form on file with the Secretary, is hereby approved. The Executive Director is hereby authorized and directed to execute and deliver the Supplement in such form, together with such changes thereto as shall be approved by the Executive Director following consultation with Bond Counsel, the approval of such changes to be conclusively evidenced by the execution of the Supplement by the Executive Director. Section 15. This Board of Directors hereby determines that public convenience and necessity require that territory be added to the District in the future, and that this Resolution shall constitute a resolution of intention to annex territory to the District pursuant to Sections 53339.2 and 53339.3 of the Law. The name for the District is Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II). The territory proposed for annexation to the District in the future is as indicated as such on the map of the District described in Section 3 above (the "Annexation Area"); provided that such territory may be annexed to the District only with the unanimous approval of the owner or owners of each parcel or the parcels to be annexed at the time that parcel or those parcels are so annexed. The types of facilities to be provided in the District and in the Annexation Area are the "Facilities" referenced in Section 4 above, and such Facilities shall be shared equally by all parcels to be included in the District and in the Annexation Area. The special taxes which will be levied in the Annexation Area shall be the same as those described in Section 5 above, and there shall be no alteration in the special tax rate levied in the District as a result of the proposed annexation except as may occur by operation of the Rate and Method of Apportionment of Special Tax in Exhibit B solely as a result of additional territory being included within the District. The hearing regarding the proposed annexation described in this Section 15 and required by Section 53339.3(0 of the Law shall be combined with the hearing described in Section 11 above, and the notice described in Section 12 above shall constitute the notice required by Section 53339.4 of the Law. Section 16. This Resolution shall take effect upon its adoption. B. The exhibits to the Resolution which describe the facilities to be funded by, and the rate and method of apportionment of the special taxes for, the district are on file in the office of the Secretary of the Authority. C. The time and place established under said Resolution for the public hearings required under Sections 53321(e) and 53339.3(0 of the Act are Tuesday, November 25, 2003, at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of the Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California. D. At said hearing, the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district or the furnishing of the specified types of facilities or other specific purposes of the district will be heard. Any person interested may file a protest in writing with the Secretary. If fifty percent or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the district, or the owners of one-half or more of the area of land in the territory proposed to be included in the district and not exempt from the special tax file written protests against the establishment of the district and the protests are not withdrawn to reduce the value of the protests to less than a majority, the Board of Directors shall take no further action to establish the district or levy the special taxes for a period of one year from the date of the decision of the Board of Directors, and if the majority protests of the registered voters or the landowners are only against the furnishing of a type or types of facilities within the district or a specific purpose of the district, or against levying a specified special tax, those types of facilities, or those specific purposes or the specified special tax will be eliminated from the proceedings to form the district. In addition to the foregoing, at said hearing, the testimony of all interested persons for or against the future annexation of territory to the district (as described in Section 15 of the Resolution) or the levying of special taxes within the territory proposed to be annexed to the district in the future will be heard. E. The proposed voting procedure shall be by special mail or hand-delivered ballot to the property owners within the territory proposed to be included in the district. Dated: November ,2003 /s/ Susan W. Jones, CMC Secretary, Temecula Public Financing Authority RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) WHEREAS, this Board of Directors has this date adopted its Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Therein - Harveston I1," stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Lawn), for the purpose of financing the costs of certain public improvements (the "Facilities"); and WHEREAS, this Board of Directors estimates the amount required for the financing of the costs of the Facilities to be approximately $3,500,000; and WHEREAS, in order to finance said Facilities it is necessary to incur bonded indebtedness in the amount of not to exceed $5,500,000. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) (the "District") in the amount of not to exceed $5,500,000 to finance the costs of the Facilities. Section 2. The bonded indebtedness is proposed to be incurred for the purpose of financing all or a portion of the costs of the Facilities, including costs incidental to or connected with the accomplishment of said purposes and of the financing thereof. Section 3. This Board of Directors, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of $5,500,000, bearing interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed forty (40) years from the date of the issuance of said bonds. Section 4. Tuesday, November 25, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. 20009.05:J6948 Section 5. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. The notice shall be substantially in the form of Exhibit A hereto. Section 6. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecuia Public Financing Authority at a meeting held on the 22"d day of October, 2003. ATTEST: Jeffrey E. Stone, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03- was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority held on the 22nd day of October, 2003, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN; BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary R:/TPFA Resos 2003FrPFA 03-~ 2 EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) NOTICE OF PUBLIC HEARING Notice is hereby given that on October 22, 2003, the Board of Directors of the Temecula Public Financing Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention To Incur Bonded Indebtedness of the Proposed Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II)." Pursuant to the Mello-Roos Community Facilities Act of 1982, the Board of Directors of the Authority hereby gives notice as follows: The text of said Resolution is as follows: WHEREAS, this Board of Directors has this date adopted its Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Therein - Harveston I1," stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Law"), for the purpose of financing the costs of certain public improvements (the "Facilities"); and WHEREAS, this Board of Directors estimates the amount required for the financing of the costs of the Facilities to be approximately $3,500,000; and WHEREAS, in order to finance said Facilities it is necessary to incur bonded indebtedness in the amount of not to exceed $5,500,000. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed Temecula Public Financing Authority Community Facilities District No. 03- 06 (Harveston II) (the "District") in the amount of not to exceed $5,500,000 to finance the costs of the Facilities. Section 2. The bonded indebtedness is proposed to be incurred for the purpose of financing all or a portion of the costs of the Facilities, including costs incidental to or connected with the accomplishment of said purposes and of the financing thereof. Section 3. This Board of Directors, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of $5,500,000, bearing interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of R:/'rPFA Resos 2003/TPFA 0~ 3 interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed forty (40) years from the date of the issuance of said bonds. Section 4. Tuesday, November 25, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. Section 5. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. The notice shall substantially be in the form of Exhibit A hereto. Section 6. This Resolution shall take effect upon its adoption. B. The hearing referred to in the aforesaid Resolution shall be at the time and place specified in the Resolution. C. At that time and place any person interested, including persons owning property in the area of the proposed community facilities district, will be heard upon the proposed debt issue. Dated: November ,2003 Temecula Public Financing Authority Isl Susan W. Jones, CMC Secretary, R:/TPFA Resos 2003/TPFA 03-__ 4 DEPOSIT/REIMBURSEMENT AGREEMENT Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) THIS DEPOSIT/REIMBURSEMENT AGREEMENT (the "Agreement") is by and among the City of Temecula (the "City"), the Temecula Public Financing Authority (the "Authority") for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) (the "CFD"), and Harveston, LLC (the "Developer"). RECITALS: WHEREAS, the Developer has requested that the Authority consider the formation of the CFD and the issuance of bonds for the CFD (the "Bonds") under Sections 53311 et seq. of the California Government Code (the "Act"); and WHEREAS, the Developer is willing to deposit funds with the Authority to ensure payment of the costs of the Authority and the City in forming the CFD and otherwise in connection with the issuance of bonds for the CFD and the proposed expenditure of the proceeds thereof, provided that such funds so advanced are reimbursed to the Developer from the proceeds of any bonds issued by the Authority for the CFD to the extent provided herein; and WHEREAS, the Authority and the Developer now desire to specify the terms of said deposit and reimbursement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. The Deposit: Additional Advances. The Developer has provided to the City $100,000 (the "Deposit"), to be used by the City to pay the costs in conducting proceedings for the formation of the CFD and the issuance of bonds for the CFD (as more fully described in Section 2(a) below, the "initial Costs"), said amount having been heretofore delivered by the Developer to the Finance Director of the City by means of a check made payable to the "City of Temecula." The City, by its execution hereof, acknowledges receipt by the City of the Deposit. The check representing the Deposit will be cashed by the City, and the Deposit may be commingled with other funds of the City for purposes of investment and safekeeping, but the City shall at all times maintain records as to the expenditure of the Deposit. The Developer hereby agrees to advance any additional amounts necessary to pay any Initial Costs incurred by the City or the Authority, in excess of the amount of the Deposit, promptly upon written demand therefore by the Finance Director of the City; provided that the amount of the Deposit, plus any such additional amounts (the "Additional Deposits" and, collectively with the Deposit, the "Deposits"), shall not exceed $150,000 without the prior written consent of the Developer. Notwithstanding the foregoing, the City Manager may direct City and Authority staff and consultants to cease all work related to the formation of the CFD and the issuance of the Bonds until any additional amounts so demanded has been received by the city. Section 2. Use of Funds. The Deposits shall be administered as follows: (a) The Finance Director of the City may draw upon the Deposits from time to time to pay the Initial Costs, including but not limited to: (i) the fees and expenses of any consultants to the City or the Authority employed in connection with the issuance of the Bonds and the proposed expenditure of the proceeds thereof (such as engineering, legal counsel, including the City Attorney, Bond Counsel and financing and special tax consultants); (ii) the costs of market absorption studies, market home pricing studies and feasibility studies and other reports necessary or deemed advisable by City staff or consultants in connection with the Bonds; (iii) costs of publication of notices, preparation and mailing of ballots and other costs related to any election with respect to the CFD, the rate and method of apportionment of the special taxes to be levied therein and any bonded indebtedness thereof; (iv) a reasonable charge for City staff time, as determined by the City Manager in his sole discretion, in analyzing the CFD, the Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto; and (v) any and all other actual costs and expenses incurred by the City or the Authority with respect to the CFD or the Bonds after the date of execution of this Agreement. The Developer hereby acknowledges that, at a minimum, the following amounts will or may be charged against the Deposits, whether or not the CFD is formed and the Bonds are issued: (i) up to $20,000.00 to Albert A. Webb Associates, special tax consultant, (ii) up to $15,000.00 to Richards, Watson & Gershon, City Attorney and general counsel to the Authority, (iii) up to $10,000.00 for a market home pricing analysis related to the CFD, (iv) up to $25,000.00 to Fieldman, Rolapp & Associates for financial advisory services, and (v) up to $25,000.00 to the City for City Staff time in analyzing the CFD, the Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto, and any other actual costs and expenses incurred by the City or the Authority. (b) If the Bonds are issued under the Act by the Authority secured by special taxes levied upon the land within the CFD, the Authority shall provide for reimbursement to the Developer, without interest, of all amounts charged against the Deposits, said reimbursement to be made solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act. On or within ten (10) business days after the date of issuance and delivery of the Bonds, the Finance Director of the City shall return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above, but have not yet been so paid. (c) If the Bonds are not issued, the Finance Director of the City shall, within ten (10) business days after adoption of the resolution stating the intent of the Authority to terminate proceedings under the Act with respect to the issuance of the Bonds, return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above but have not yet been so paid. Section 3. Reimbursement of Other Developer Costs. Nothing contained herein shall prohibit reimbursement of other costs and expenses of the Developer, or any other entity with an interest in all or any portion of the land in the CFD, incurred in connection with the CFD from the proceeds of the Bonds, including, but not limited to fees and expenses of legal counsel to -2- the Developer and special tax consultant expenses. Any such reimbursement shall be made solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act and otherwise provided for, at the reasonable discretion of the Authority, in the proceedings for the issuance of the Bonds. Section 4. A.qreement Not Debt or Liability of City or Authority. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City or the Authority, as provided in Section 53314.9(b) of the Act. Neither the City nor the Authority shall in any event be liable hereunder other than to return the unexpended and uncommitted portions of the Deposits as provided in Section 2 above, to provide an accounting under Section 7 below, and, if the Bonds are issued by the Authority for the CFD, to reimburse the Developer from the proceeds of the Bonds as described in Section 2(b) hereof. Neither the City nor the Authority shall be obligated to advance any of their own funds with respect to the CFD or for any of the other purposes listed in Section 2(a) hereof. No member of the City Council, the Board of Directors of the Authority or officer, employee or agent of the City or the Authority shall to any extent be personally liable hereunder. Section 5. No Obliqation to Issue Bonds. The previsions of this Agreement shall in no way obligate the City or the Authority to form the CFD, to issue any bonds, or to expend any of their own funds in connection with the CFD. Section 6. Severabilit¥. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 7. Accountinq. The City Finance Director shall provide the Developer with a written accounting of moneys expended under this Agreement, within ten (10) business days of receipt by the Finance Director of the City of a written request therefore submitted by an authorized officer of the Developer. No more than one accounting will be provided in any calendar month and the cost of providing the accounting shall be charged to the Deposits. Section 8. Successors and Assi.qns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Section 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. -3- IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature line below. Executed on: October ,2003 DEVELOPER: HARVESTON, LLC, a Delaware limited liability company By: Lennar Homes of California, Inc., a California corporation By: Its: By: Its: Executed on: October 22, 2003 CITY: CITY OF TEMECULA By: Shawn D. Nelson, City Manager Executed on: October 22, 2003 AUTHORITY: TEMECULA PUBLIC FINANCING AUTHORITY, for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District 03-06 (Harveston II) By: Shawn D. Nelson, Executive Director FIRST SUPPLEMENTAL INDENTURE OF TRUST between the TEMECULA PUBLIC FINANCING AUTHORITY and U.S. BANK NATIONAL ASSOCIATION, as Trustee Dated as of October 1, 2003 Relating to: $17,310,000 Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston) Variable Rate Demand Special Tax Bonds, 2002 Series A FIRST SUPPLEMENTAL INDENTURE OF TRUST THIS FIRST SUPPLEMENTAL INDENTURE OF TRUST (the "First Supplemental Indenture"), dated as of October 1, 2003, is by and between the Temecula Public Financing Authority (the "Authority"), a joint exercise of powers authority duly organized and existing under the laws of the State of California, for and on behalf of the Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston) (the "District"), a California community facilities district, and U.S. Bank National Association, as trustee (the "Trustee"), a national banking association organized under the laws of the United States of America, and supplements and amends the Indenture of Trust, dated as of August 1, 2002, by and between the Issuer and the Trustee (the "Original Indenture"). Recitals: WHEREAS, pursuant to the Original Indenture, the Issuer has issued its Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston) Variable Rate Demand Special Tax Bonds, 2002 Series A (the "Bonds") to finance certain public improvements and to defease certain bonded indebtedness; and WHEREAS, Sections 9.01(g) of the Original Indenture provides that so long as all of the Bonds are Variable Rate Bonds (as defined in the Original Indenture), the Issuer and the Trustee may enter into a supplemental indenture (as such term is defined in the Original Indenture), to modify, alter, amend or supplement the Original Indenture in any respect, including amendments which would otherwise require the consent of the owners of the Bonds (the "Bondholders"), if notice of the proposed supplemental indenture is given to Bondholders (in the same manner as notices of redemption are given under the Original Indenture) at least thirty (30) days before the effective date of the proposed supplemental indenture and, on or before such effective date, the Bondholders have the right to demand purchase of their Bonds pursuant to the provisions of the Original Indenture; and WHEREAS, the Authority now desires to make changes to the Original Indenture, as provided in this First Supplemental Indenture, with such changes to be effective following at least 30 days notice to the Bondholders. Agreement: NOW, THEREFORE, the parties hereto agree to amend the Indenture as follows: Section 1. Amendment. The Indenture is hereby amended by adding the following as a new Section 6.20 thereof: "Section 6.20 Overlapping Indebtedness. Notwithstanding any other provision of this Indenture to the contrary, the Authority and its Board of Directors may form a community facilities district under the provisions of the Act that has within its boundaries all or any portion of the land in the District, so long as the principal amount of any bonded indebtedness incurred by such overlapping community facilities district is not in excess of $5,500,000. It is hereby acknowledged that the special tax lien imposed under the Act by such overlapping community facilities district will be pari pasu with the lien securing the payment of the Special Taxes with respect to any parcel in the District that is also located in such overlapping community facilities district." -3.- Section 2. Effectiveness. This First Supplemental Indenture shall become effective immediately following the last to occur of the following: (a) execution of this First Supplemental Indenture by the Issuer and the Trustee, (b) thirty-one (31) days after notice of this First Supplemental Indenture is given to the Bondholders (in the same manner as notices of redemption are given under the Original Indenture); and (c) notice of this First Supplemental Indenture is provided to the Rating Agency (as defined in the Indenture), as required by Section 9.06 of the Original Indenture. The Trustee is hereby instructed to send to the registered owners of the Bonds a copy of this First Supplemental Indenture as soon as practicable, such mailing to be made by the Trustee in the same manner as notices of redemption are sent under the provisions of the Original Indenture, and to send to the Rating Agency a copy of the First Supplemental Indenture. Section 3. Execution in Several Counterparts. This First Supplemental Indenture may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original and all such counterparts shall together constitute but one and the same instrument. Section 4. Governing Law. This First Supplemental Indenture shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and performed in such State. Section 5. Incorporation By Reference. The Issuer and the Trustee agree that, from and after the effective date of this First Supplemental Indenture, the amendments contained in this First Supplemental Indenture shall be incorporated by this reference thereto into the Original Indenture, which Original Indenture as so amended shall serve as the sole operative Indenture in connection with the Bonds. Section 6. Ratification and Reaffirmation of Indenture. Except as hereby expressly amended, the Original Indenture shall remain in full force and effect; and the Original Indenture, as amended hereby, is ratified and confirmed. Section 7. Interpretation. In the event of any conflict between the previsions of the Original Indenture and the provisions of this First Supplemental Indenture, the provisions of this First Supplemental Indenture shall control. Any reference in this First Supplemental Indenture to a Section, without further qualification (such as, by way of example, "of this First Supplemental Indenture") shall mean the specified section of the Original Indenture, as amended and supplemented by this First Supplemental Indenture. All references to the Indenture in the Financing Agreement or the Regulatory Agreement (as such terms are defined in the Indenture), or any other document executed in connection with any of the foregoing, shall refer to the Original Indenture as amended by this First Supplemental Indenture. Section 8. Binding Effect. This First Supplemental Indenture shall inure to the benefit of and shall be binding upon the Issuer, the Trustee, the owners of the Bonds and their respective successors and assigns, from and after the effective date hereof, as established pursuant to Section 2 above. -2- IN WITNESS WHEREOF, the Issuer and the Trustee have caused this First Supplemental Indenture to be executed and delivered by duly authorized officers thereof as of the day and year first written above. TEMECULA PUBLIC FINANCING AUTHORITY By Executive Director U.S. BANK NATIONAL ASSOCIATION, as Trustee By. Authorized Officer -3- ITEM 22 APPROVAL CITY MANAGER /~'J/' ° · TO: FROM: DATE: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Deputy City Manager October 23, 2003 SUBJECT: Adoption of the Western Riverside County Multiple Species Habitat Conservation Plan PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: Staff recommends that the City Council continue the adoption of the MSHCP off calendar. BACKGROUND: The Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP or Plan) is a comprehensive multi-jurisdictional Habitat Conservation Plan (HCP) focusing on the conservation of species and their associated habitats in Western Riverside County. The MSHCP Plan Area encompasses approximately 1.26 million acres and includes all unincorporated Riverside County land west of the San Jacinto Mountains to the Orange County line, as well as jurisdictional areas of the Cities of Temecula, Murrieta, Lake Elsinore, Canyon Lake, Norco, Corona, Riverside, Moreno Valley, Banning, Beaumont, Calimesa, Perris, Hemet, and San Jacinto. In order to implement the goals of the MSHCP, the City would need to adopt the necessary ordinances that establish a mitigation fee and agree to be a signatory to the Western Riverside County Multiple Species Habitat Conservation Plan. Central to this is the formation of a Joint Powers Authority (JPA) under the umbrella of the Western Riverside County Council of Governments, which has not occurred as of this date. FISCAL IMPACT: Unknown at this time. ATTACHMENTS: None R:\BROWNS\R C I P\MSHCP continuance stafrpt 10-23~)3.doc ITEM 23 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Parker, Director of Community Service~,,~ Herman D. October 22, 2003 Roripaugh/Johnson Ranch Trails Master Plan PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the City Council: 1) Approve an increase of $30,000 to the County Contribution Revenue. 2) Approve an appropriation of $35,230 from County Contribution Revenue ($30,000) and Open Space and Trails Development Impact Fees ($5,230) to the Roripaugh/Johnson Ranch Trails Master Plan Project. 3) Authorize the mayor to execute a professional services agreement in the amount of $57,481 with Kawasaki, Theilacker, Ueno and Associates (KTU+A) for a Trails Master Plan of the Roripaugh and Johnson Ranch Open Space. 4) Authorize the City Manager to approve change orders not to exceed a contingency in the amount of $5,748, which is equal to ten percent (10%) of the contract amount. BACKGROUND: As part of the approval of the Roripaugh Ranch Specific Plan, two hundred and one acres were designated as permanent open space. An effort initiated by Mayor Pro Tem Naggar, resulted in transferring the ownership of this property to the City instead of the County, as originally intended. A Purchase and Sales Agreement was approved by the City Council May 13, 2003. The City purchased the property for one dollar ($1). The grant deed recorded May 22, 2003. The Council has approved funding in this year's Capital Improvement Program for a trails master plan for this open space area. This project will be done jointly with the County of Riverside and will also include the Johnson Ranch Area. The County has contributed $30,000 for this master plan, which is being added to the CIP for this project. KTU+A prepared the City's Multi-Use Trails and Bikeways Master Plan, which was approved in 2002. This work involved extensive review and study of the trail systems in Southwest Riverside County. The trails master plan for the Roripaugh Open Space area will need to be integrated with the City's Multi-Use Trails and Bikeways Master Plan as well as trail systems, both existing and projected, in the areas surrounding the Roripaugh Open Space. Staff believes the City needs a consultant experienced in the trail systems and recreational amenities of the Temecula area for the proper preparation of the proposed Roripaugh Open Space Trails Master Plan. The Roripaugh Open Space Master Plan is a continuation of the approved City-wide Trails Master Plan. Therefore it is recommended that the Council approve the agreement with KTU+A for the Roripaugh/Johnson Ranch Open Space Trials Master Plan, finding that an RFP would be unavailing, would not produce an advantage for the City, and would thus be undesirable and impractical. Temecula's 201 acres serves as a gateway to several thousand acres of preserved habitat and open space in Southwest Riverside County, including Johnson Ranch, Lake Skinner and Diamond Valley Lake. This trail master plan will serve as a guide for the development of trails, which will allow our citizens access to enjoy this natural and protected area. FISCAL IMPACT: This project is currently included in this year's Capital Improvement Program. The contract amount and contingency totals $63,229. The additional appropriation of $35,230 is currently available in County Contribution Revenue ($30,000) and the Open Space and Trails DIF ($5,230). ATTACHMENTS: Professional Services Agreement AGREEMENT FOR CONSULTANTSERVICES BETVVEENTHECITYOFTEMECULA AND KAWASAKI, THEILACKER, UENO +ASSOClATES(KTU+~ THIS AGREEMENT is made and effective as of October 22, 2003, between the City of Temecula, a municipal corporation ("City") and KTU+A ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on September 23, 2003, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2005 unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one (1) year terms. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates ara on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as 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. This amount shall not exceed $57,481.00 for the total term of the Agreement unless additional payment is approved as provided in this Agreement. R:\smithb\Trails\Roripaugh Open Space~003 Service Agreement,doc 10/13/2003 b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which is in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or $25,000.00, but in no event shall the total sum of the agreement exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. R:~smithb\Trails\Roripaugh Open Space~2003 Service Agreement.doc 10/13/2003 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fled and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained fora period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injudes or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnity, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attomey fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability adsing out of the negligence of the City. t0. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commemial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. R:~smithb\Trails\Rodpaugh Open Space~003 Service Agreement.doc 10/t3/2.003 (3) Worker's Compensation insurance as required by the State of Califomia and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be wdtten on a policy form providing professional liability for the Consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand property damage. If Commemial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following previsions: The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be pdmary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers R:~smithb\Trails'd:~odpaugh Open Space~2003 Service Agreement.doc 10/13/2003 (3) (4) (5) shall be excess of the Consultant's insurance and shall not contribute with it. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior wdtten notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Covera.qe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. R:\smithb\Trails\Roripaugh Open Space~2003 Service Agreement.doc ]0/]3/2003 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without wdtten authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interregatodes or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewdte said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Ddve Temecula, Califomia 92590 Attention: City Manager KTU+A 3916 Normal Street San Diego, CA 92103 Attn: Mike Singleton R:~smithb\Trails\Rodpaugh Open Space~.003 Service Agreement,doc i0/t3/2003 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior wdtten consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times dudng the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. R:~smithb\Trails~Rodpaugh Open Space~2003 Service Agreement.doc t0/13/2003 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdtten. CITY OF TEMECULA Jeffrey E. Stone, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT KTU+A 3916 Normal Street San Diego, CA 92103 (619) 294-4477 By:. Name: Title: (Two Signatures of Corporate Officers Required By:. Name: Title: For Corporations) R:~smithb\Trails\Roripaugh Open Space~003 Service Agreement.doc 10/13/2003 0 adeospue9 led!OUpd C~ lU EXHIBIT B PAYMENT RATES AND SCHEDULE Payment rates and schedule are within Consultant and staff houdy rates as shown in Exhibit A. R:\smithb\Trails\Rodpaugh Open Space~2003 Service Agreement.doc 10/13/2003