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HomeMy WebLinkAbout120704 CC AgendaIn 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 hours 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 DECEMBER 7, 2004 — 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 pursuant to Government Code Sections: Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding real property negotiations located at the northwest corner of Diaz Road and Rancho California Road. The negotiating parties are the City of Temecula and Eastern Municipal Water District. Under negotiation are the price and terms of payment of real property interests. The City negotiators are Shawn Nelson and James O'Grady. 2. Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding real property negotiations located south of Rancho Ford, east of Interstate 15, and west of Ynez Road (approximately 40 acres). The negotiating parties are the City of Temecula and DCH Autogroup. Under negotiation are the price and terms of payment of real property interests. The City negotiators are Shawn Nelson and James O'Grady. 3. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to one matter of existing litigation involving the City. The following cases will be discussed: 1. City of Temecula v. County of Riverside (RCIP litigation — Riverside County Superior Court Case No. 402766). 4. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b)(1) with respect to one matter of potential litigation. With respect to such 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. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. RkAgenda\120704 Next in Order: Ordinance: No. 2004-16 Resolution: No. 2004-123 CALL TO ORDER: Mayor Mike Nagger Prelude Music: Kayt Jones Invocation: Pastor Rench of Calvary Baptist Church of Temecula Flag Salute: Councilman Washington ROLL CALL: Comerchero, Roberts, Stone, Washington, Nagger PRESENTATIONS/PROCLAMATIONS Certificate of Appreciation to Ronald Dollens Proclamation — December 14, 2004, Guidant Corporation Day 2004 Spark of Love Toy Drive and Dent Event Update City's 15-year Anniversary Slide Show 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 not 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. R:\Agenda\120704 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 Resolution approving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 04- 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: 3.1 Receive and file the City Treasurer's Report as of October 31, 2004. 4 Financial Statements for the three months ended September 30, 2004 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the three months ended September 30, 2004. 5 Southwest Communities Joint Powers Authority Agreement for Animal Shelter M RECOMMENDATION: 5.1 Approve formation of the Southwest Communities Joint Powers Authority (JPA) agreement. RECOMMENDATION: 6.1 Adopt a resolution entitled: RAAgenda\120704 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DESIGN COOPERATIVE AGREEMENT — NO. 08-1249 — BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR THE DESIGN OF A MODIFICATION TO THE INTERCHANGE ON INTERSTATE 15 AT STATE ROUTE 79 SOUTH 7 Pechanga Parkway Phase 1113 Storm Drain Improvements — Wolf Valley Creek Channel — Stage 2 — Project No. PW99-11 CH — Increase Construction Contingency RECOMMENDATION: 7.1 Increase the project contingency and the City Manager's contract change order approval limit by $300,000 above the previously approved 10% contingency for the Pechanga Parkway Phase IIB Storm Drain Improvement Project (Wolf Valley Creek Channel — Stage 2) — Project No. PW99-11 CH. VX4161&hLf:1,I9T_ti1PP►A 8.1 Approve the contract with Nichols Melburg and Rossetto, Architects and Engineers for master planning consulting services in the amount of $161,550.00. 8.2 Approve a contract contingency of 10% for an amount of $16,155.00. Second Reading of Ordinance No. 04-15 (Amending Land Use Roripaugh Specific Plan) RECOMMENDATION: 9.1 Adopt an ordinance entitled: ORDINANCE NO.04-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE DESIGNATION FOR PLANNING AREA 9 OF THE RORIPAUGH ESTATES SPECIFIC PLAN FROM NEIGHBORHOOD COMMERCIAL (NC) TO COMMUNITY COMMERCIAL (CC) AND INCORPORATE DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR PLANNING AREA 9 (PA02-0363) R:Wgenda\120704 RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT THE CITY OF TEMECULA REDEVELOPMENT AGENCY AND TEMECULA PUBLIC FINANCING AGENCY R:1Agenda\120704 TEMECULA COMMUNITY SERVICES DISTRICT MEETING ..�..,.........:..:.......�..t......«.-�x�..����....«�Y�H:Y::�...,.,..�,���.a�.,.......,......_....:......mot. Next in Order: Ordinance: No. CSD 2004-01 Resolution: No. CSD 2004-14 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Naggar, Roberts, Stone, Washington 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 not 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 Minutes RECOMMENDATION: 1.1 Approve the minutes of November 23, 2004. California. Inc. RECOMMENDATION: 2.1 Approve the three Quitclaim Deeds to vacate the landscape maintenance easements dedicated on Final Tract Map Nos. 26828, 26828-1, and 26828-2; R:\Ngenda\120704 2.2 Accept 28 revised landscape maintenance easements from Richmond American Homes of California, Inc. for Tract Map Nos. 26828, 26828-1, and 26828-2, subject to Temecula Community Services District (TCSD) acceptance of landscape improvements; 2.3 Authorize the City Clerk to record the Quitclaim Deeds and the Landscape Maintenance Easements. 3 Financial Statements for the three months ended September 30, 2004 RECOMMENDATION: 3.1 Receive and file the Financial Statements for the three months ended September 30, 2004; 3.2 Approve operating transfer in the amount of $70,000 from Citywide Operations to Service Level D. 4 Acceptance of Landscape Easement Deed from DroDertv owners within Tract Mao No 19872-2 adiacent to Pechanga Parkway RECOMMENDATION: 4.1 Accept one Landscape Easement Deed from a property owner within Tract Map No. 19872-2 adjacent to Pechanga Parkway; 4.2 Authorize the City Clerk to record the Landscape Easement Deed. 5 Roripaugh Ranch Specific Plan — Service Level B. Service Level C. and Service Level D Rates and Charges RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. CSD 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL C AND SERVICE LEVEL D RATES AND CHARGES FOR RORIPAUGH RANCH SPECIFIC PLAN BEGINNING FISCAL YEAR 2005-2006 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH R:1Agenda\120704 DISTRICT BUSINESS 6 Appointment of President and Vice President of the Community Services District for Calendar Year 2005 RECOMMENDATION: 6.1 Entertain motions from the Board of Directors to appoint the President, effective January 1, 2005, to preside until the end of Calendar Year 2005; 6.2 Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2005, who will assume the duties of the President in the President's absence and hold this office until the end of Calendar Year 2005. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, December 14, 2004, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\120704 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2004-01 Resolution: No. RDA 2004-10 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL AGENCY MEMBERS: Naggar, Stone, Roberts, Washington, Comerchero 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. If you decide to speak to the Board of Directors on an item not 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 Minutes RECOMMENDATION: 1.1 Approve the minutes of November 23, 2004. Financial Statements for the three months ended September 30 2004 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the three months ended September 30, 2004. Purchase and Sale Agreement for property in Old Town RECOMMENDATION: 3.1 Adopt a resolution entitled: R:\Hgenda\120704 RESOLUTION RDA NO. 04- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY LOCATED ALONG THE NORTH SIDE OF FIRST STREET, WEST OF OLD TOWN FRONT STREET (APN 922-073-019 AND -021) IN THE CITY OF TEMECULA 3.2 Authorize the expenditure in an amount not to exceed $170,000 for acquisition, escrow, closing costs, appraisal, soils testing, and related fees; PUBLIC HEARING Any person may submit written comments to the Redevelopment Agency before a public hearing or may appear and 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. Five -Year Implementation Plan RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. RDA 04- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING A FIVE-YEAR IMPLEMENTATION PLAN FOR THE COUNTY OF RIVERSIDE REDEVELOPMENT PLAN NO. 1-1988 JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING Any person may submit written comments to the City Council/Redevelopment Agency before a public hearing or may appear and 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. Second Amendment to the Disposition and Development Agreement for the Temecula Education Center RECOMMENDATION: 5.1 That the City Council adopt a resolution entitled: R:Wgenda\120704 10 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AGK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL COMPLEX 5.2 That the Redevelopment Agency of the City of Temecula adopt a resolution entitled: RESOLUTION RDA NO. 04- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AGK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL COMPLEX AGENCY BUSINESS Appointment of Chairperson and Vice Chairperson of the Redevelopment Agency for Calendar Year 2005 RECOMMENDATION: 6.1 Entertain motions from the Agency Members to appoint the Chairperson to preside, effective January 1, 2005, until the end of Calendar Year 2005; 6.2 Entertain motions from the Agency Members to appoint the Vice Chairperson, effective January 1, 2005, who will assume the duties of the Chairperson in the Chairperson's absence and hold this office until the end of Calendar Year 2005. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, December 14, 2004, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\120704 11 TEMECULA PUBLIC FINANCING AUTHORITY Next in Order: Ordinance: No. TPFA 2004-01 Resolution: No. TPFA 2004-11 CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Roberts, Stone, Washington, Naggar PUBLIC COMMENTS 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 not 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 Minutes RECOMMENDATION: 1.1 Approve the minutes of November 23, 2004 TPFA PUBLIC HEARING Any person may submit written comments to the Temecula Public Financing Authority before a public Hearing or may appear and 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\120704 12 Public Hearings regarding formation of Community Facilities District No 03-02 (Rorioaugh Ranch) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY MAKING FINDINGS OF COMPLEXITY OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) EXECUTIVE DIRECTOR'S REPORT BOARD MEMBERS' REPORTS ADJOURNMENT R:\Agenda\120704 13 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 10 Appointment of Mayor and Mayor Pro Tern for Calendar Year 2005 RECOMMENDATION: 10.1 Entertain motions from the City Councilmembers to appoint the Mayor to preside, effective January 1, 2005, to the end of Calendar Year 2005; 10.2 Entertain motions from the City Councilmembers to appoint the Mayor Pro Tem, effective January 1, 2005, who will assume the duties of the Mayor in the Mayor's absence and hold this office until the end of Calendar Year 2005. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, December 14, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:Wgenda\120704 14 PROCLAMATIONS AND PRESENTATIONS cu C y w N -, L) aL-. 'd U a) () N a) O N z T aO 0. E C 7 0 O m F z ; U E Q 0) E o aci y Z U a�mi E a) o c �y mN `Ca) y ti U a) a) o m N m E N W�W wr. ow nw E r aw N w 3 o_ o 0 U 0 'O c O O U c a) C) O .O rn N x ❑ a) @ m X O LO c a) 9 . n> -o ca) o a) ° m N N L 'p O= N 2. C/ O 00) r N C O .0 m a) V1 O �1 ai U a) Co a)O -O > w >, N '0T "O a)O> Cu LL a) Z4: • O C Q N O a— O CO +.+ i„i � p Wftb �i 0 E N E Y () U)C p � k 0 Q r 0 O N O_ C E 0 O ro Q �+ a.Q y �l m Co j� Ly �i C C _ -O L W N OLO a co m O O -O L C U CO L O Ca) y N ti W Y Q O O c a O O O O 3 E mo O U)w L .aJ- O a) .�-i U O7 iD U)L N a m a) N L N O C can) m 0 0 0 E a) �'O C N Q v O C 7 fO m N.2 0-6 o m C)N > N N `� T O OO N N Ca) V Q N O O L O m> p� m N ` •� -� E 0 U a4 E p m a 0" o NO UE n� O o OU cmi cm mL a) E X QI O O) X cn O J L N O x� °ro mwr� U� C t m L 7 I O d CL ma � m "O 3 (7 3 L C 3 c c U) m- m-o U U o c') ° C6 3 O m u °L a) aN) E mL 0 0 N 0" E N a) m a) a) L a) m E cCL O d C O a) N C m ..T. c .` E w o E m m U a' 41 a C a) m Y U a) O m = E N C@ a m �" U n C U�: m O L 6, a w o U p O N v Y V � y�. Opp, N Omi > 0. ❑ b� O ° .x. y A � G £ In. A T C o Q 3 o C (=> �L' y ai cn ° ca GN �>� Sro k as H zbb o O a d o o A 3 0 o tor. 8 a) to c o cd totz w O CO aCi f' E U N v v ❑ .L p o 0 w 0 J N E O a+ o ' ° aEi cd � oN U 3 ° � y V q O� w V�I o N '00y o° u ° _` O 0 co E C.) wcd p C.)° ° O nbA h O 0 E W O b O, O y C CD�C O 'O bA O 'O N ° > cad ^ O" cd w «+ G' p O C Co V ° ,� c E' 0 aTi 0 In ccdd ° O C7 `� C7 ° C7 •� C7 � � A W v� •Y v1 � r/j y vj � +�' vj W a .� !1 D 7 ITEM 1 ITEM 2 RESOLUTION NO. 04- 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 $1,985,385.73. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 7'" day of December, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CIVIC City Clerk [SEAL] R:/Resos 2004/Resos 04- 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. 04-_ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 7ch day of December, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk RJResos 2004/Resos 04- CITY OF TEMECULA ' LIST OF DEMANDS 11/18/04 TOTAL CHECK RUN: $ 1,191,733.19 11/23/04 TOTAL CHECK RUN: 436,673.07 11/18/04 TOTAL PAYROLL RUN: 356,979.47 TOTAL LIST OF DEMANDS FOR 12/07/04 COUNCIL MEETING: $ 1,985,385.73 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 356,941.97 165 RDA DEV-LOW/MOD SET ASIDE 8,387.74 190 TEMECULA COMMUNITY SERVICES DISTRICT 157,883.38 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 41,228.11 193 TCSD SERVICE LEVEL 'C' LANDSCAPE/SLOPE 15,921.48 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 604.47 210 CAPITAL IMPROV PROJECT FUND 903,433.55 274 JOHN WARNER AD 70,930.80 280 REDEVELOPMENT AGENCY -CIP PROJECT 17,397.03 300 INSURANCE FUND 2,371.30 320 INFORMATION SYSTEMS 31,233.19 330 SUPPORTSERVICES 15,560.54 340 FACILITIES 6,512.70 $ 1,628,406.26 ' 001 GENERAL FUND 246,672.17 165 RDA DEV-LOW/MOD SET ASIDE 5,310.97 190 TEMECULA COMMUNITY SERVICES DISTRICT 62,933.73 192 TCSD SERVICE LEVEL "B' STREET LIGHTS 116.17 193 TCSD SERVICE LEVEL "C" LANDSCAPEISLOPE 5,382.64 194 TCSD SERVICE LEVEL "D" REFUSEIRECYCLING 882.73 280 REDEVELOPMENT AGENCY -CIP PROJECT 2,850.73 300 INSURANCE FUND 729.25 320 INFORMATION SYSTEMS 21,897.89 330 SUPPORTSERVICES 3,263.48 340 FACILITIES 6,939.71 356,979.47 TOTAL BY FUND: $ 1,985,385.73 PREPARED BY RETA WESTON, ACCOUNTING SPECIALIST I , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. GENIff ROBERTS, DIR CTOR OF FINANCE I J-� , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. SHAWN NELSON, CITY MANAGER apChkLst 11/18/2004 10:27:49AM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor Description Amount Paid Check Total 407 11/18/2004 000444 INSTATAX (EDD) State Disability Ins Payment 17,584.47 17,584.47 408 11/18/2004 000283 INSTATAX (IRS) Federal Income Taxes Payment 66,597.45 66,597.45 409 11/18/2004 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 16,075.98 16,075.98 410 11/18/2004 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr Pmt 84,430.47 84,430.47 411 11/18/2004 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 2,627.94 2,627.94 96010 11/18/2004 004594 2 HOT ACTIVEWEAR Official traffic police uniforms 372.82 Official traffic police uniforms 125.51 498.33 96011 11/18/2004 004973 ABACHERLI, LINDI TCSD instructor earnings 374.40 TCSD instructor earnings 118.00 492.40 96012 11/18/2004 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening 344.50 344.50 96013 11/18/2004 002187 ANIMAL FRIENDS OF THE VALL Oct Animal control services 8,750.00 Cite 14601 Paid to city in error 50.00 8,800.00 96014 11/18/2004 000101 APPLE ONE INC. Temp help PPE 10/30 GK/ML 1,174.50 Temp help PPE 10/30 Wills 723.76 Temp help PPE 10/30 Buchanan 540.00 2,438.26 96015 11/1a/2004 008062 ARROW STAFF RESOURCES, I Temp help PPE 1117 JFUJG 2,789.96 2,789.96 96016 11/18/2004 004845 ARROW STAR INC Snap on Deck for Lift: Cntd Svcs 43.05 43.05 96017 11/18/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: D.Davis 65120445 45.00 45.00 96018 11/18/2004 004855 SABER, GABRIELE TCSD instructor earnings 444.00 444.00 96019 11/19/2004 004778 BERRYMAN & HENIGAR INC Oct temp B&S inspector svcs:Grance 12,000.00 12,000.00 96020 11/18/2004 006721 BOISE CASCADE OFFICE Office Supplies: Finance 390.97 Office Supplies: Finance 48.22 Office Supplies: Finance 22.95 Office Supplies: Code Enforcement 13.50 Office Supplies: Finance 7.93 483.57 Page:1 apChkLst 11/18/2004 10:27:49AM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 96021 11/18/2004 008342 BRUCE, ROBERT Refund: Picnic Shelter Temeku Hills 100.00 100.00 96022 11/18/2004 006908 C C & COMPANY INC Entertainment: Halloween Carnival 600.00 600.00 96023 11/18/2004 003138 CAL MAT PW patch truck materials 1,774.77 1,774.77 96024 11/18/2004 004451 CALIF AUTOMATIC FIRE ALAR Membership: Phil Albanese 2005-149 75.00 75.00 96025 11/18/2004 008343 CALIF BLDG IND FOUNDATION Refund: Security Depst: CRC 11/4 100.00 100.00 96026 11/18/2004 004248 CALIF DEPT OF JUSTICE/ACCT fingerprinting ID svcs:HR & Police 2,375.00 2,375.00 96027 11/18/2004 000152 CALIF PARKS & RECREATION S Membership: B.Wedeking 032249 125.00 125.00 96028 11/18/2004 004228 CAMERON WELDING SUPPLY Slice Rods for Fire Sin 73 48.46 48.46 96029 11/18/2004 008330 CANDLE WOOD SUITES Htl:Edu Plan/Comm:1/10-14:LN 226.00 226.00 96030 11/18/2004 008332 CANINE SUPPORT TEAMS Refund: Security Depst: CRC 1177 200.00 200.00 96031 11/18/2004 009331 CAPEL, SANDI Refund: Tennis - Beg Adult 60.00 60.00 96032 11/18/2004 007147 CARDINAL AIR SERVICES INC Helicopter svcs: Spark of Love Event 450.00 450.00 96033 11/18/2004 000131 CARL WARREN & COMPANY I Oct Claim adjuster services 1,825.01 Oct Claim adjuster services 152.11 1,977.12 96034 11/18/2004 003775 CHAPARRAL HIGH SCHOOL 04/05 Community service funding 5,000.00 5,000.00 96035 11/18/2004 000137 CHEVRON U S A INC City vehicles fuel expense: Police 461.67 City vehicles fuel expense: CM 214.62 676.29 96036 11/18/2004 007977 CHILDS, NORMA Refund: Notary Public Seminar 65.00 65.00 96037 11/18/2004 002058 CHRISTIAN COMMUNITY THEA 04/05 Community Service Funding 5,000.00 5,000.00 96038 11/18/2004 005417 CINTAS FIRST AID & SAFETY First aid supplies: CRC 85.15 85.15 Page2 apChkLst 11/18/2004 10:27:49AM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Cheek Total 96039 11/18/2004 000912 CITY CLERKS ASSN OF CALIF Membership: SJ/MB/CD/GF 365.00 365.00 96040 11/18/2004 005410 COLE, TOM Reimb:CACE Ann'I Cf:10/5-8/04 610.19 610.19 96041 11/18/2004 004405 COMMUNITY HEALTH CHARI EE Gift Giving Campaign 1,706.06 1,706.06 96042 11/18/2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 158.00 158.00 96043 11/18/2004 001193 COMP U S A INC Gov Acrobat 6.0 Win License 4 3,092.01 3,092.01 96044 11/18/2004 008344 CRAIG, STEPHEN, Refund: CPR Training ® CRC 26.00 25.00 96045 11/18/2004 003272 DAISY WHEEL RIBBON Plotter Paper & Ink: GIS 1,634.27 Plotter Paper & Ink: GIS 284.20 1,918.47 96046 11/18/2004 001393 DATA TICKET INC Sept Prkg citation processing: Police 322.41 Sept Prkg citation processing: Police 200.00 522.41 96047 11/18/2004 008100 DAVID MUSSER FINE ART Art work:Nakayama presentation 215.50 215.50 96048 11/18/2004 003383 DEAMER APPLIANCE SERVICE Repair Stn 84 Refrigerator/Dryer 600.00 600.00 96049 11/18/2004 008345 DILTZ, IMELDA Refund: Kids Luv Soccer 2/7-8yrs 30.00 30.00 96050 11/18/2004 003610 DOMENOE, JIM Reimb: Refreshments for Exhg Office 293.67 293.67 96051 11/18/2004 006487 EUROPEAN CAFE & VINEYARD Refreshments:General Plan Mtg 91.53 91.53 96052 11/18/2004 008285 EXPRESSIONS SCREEN PRINT Fire Explorers Event t-shirts 199.34 199.34 96053 11/18/2004 000478 FAST SIGNS Public Safety Expo & K9 Trials banner 529.32 529.32 96054 11/18/2004 000165 FEDERAL EXPRESS INC Express mail services 148.94 Express mail services 18.34 167.28 Page3 apChkLst Final Check List Page: 4 11/18/2004 10:27:49AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 96055 11/18/2004 003347 FIRST BANKCARD CENTER WYNDHAM HOTEL SN Htl:Ann'I ICMA Cf:10/17-20 811.18 MARRIOTT HOTEL JO Htl:Ann'I ICMA Conf:10/16-20 774.36 COUNTRY GARDEN RESTAURA WH Refreshments:Staff prjt updates 161.42 ICMA JO Reg:Ann'I ICMA Conf:10/16-20 69.98 EARTHLINK INC TT Council members internet svcs 29.15 THAI KITCHEN RESTAURANT JM Refreshments: Tem. Villas Mtg 29.00 STADIUM PIZZA TT Rfrshmnts:Sprint Cell Phone Day 26.70 DAKOTA GRILL & SPIRITS SN Meal:Ann'I ICMA Cf:10/17-20 25.21 MIMI'S CAFE MN Refreshments: Business Mtg 20.69 STADIUM PIZZA SJ Refreshments: Election Night 19.13 TT Additional Bank charges 18.57 STAPLES TT Headset for Tim Thorson 10.75 REPLACEMENT LIGHT BULBS TT Light bulbs for council projector 9.95 2,006.09 96056 11/18/2004 002982 FRANCHISE TAX BOARD Support Payment 351.09 351.09 96057 11/18/2004 008166 G D I COMMUNICATIONS LLC 10 rack assembly w/pwr supply 1,794.04 1,794.04 96058 11/18/2004 002528 GLASS BLASTERS INC New employees engraved coffee mug 100.21 100.21 96059 11/18/2004 005947 GOLDEN STATE OVERNIGHT Express Mail Service: Fire Prev 18.26 18.26 96060 11/18/2004 001609 GREATER ALARM COMPANY I Nov -Jan Alarm Monitoring:Satellite 87.00 87.00 96061 11/1a/2004 007736 GRIFFITH COMPANY Oct Prgss:Jefferson Rehab Prjt 27,887.40 27,887.40 96062 11/18/2004 002174 GROUP 1 PRODUCTIONS Video taping for Veteran's Memorial 2,000.00 2,000.00 96063 11/18/2004 002372 HARMON, JUDY TCSD instructor earnings 118.40 118.40 96064 11/18/2004 001135 HEALTHPOINTE MEDICAL GRO Employee physical/drug screening 85.00 Employee physical/drug screening 25.00 110.00 96065 11/18/2004 005748 HODSON, CHERYL A. Support Payment case If TED006442 5.85 5.85 Page:4 apChkLst 11/18/2004 10:27:49AM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 96066 11/18/2004 000193 I C M A Membership: Grant Yates 265743 880.62 880.62 96067 11/18/2004 000194 1 C M A RETIREMENT TRUST 45 1 C M A Retirement Trust 457 Pmt 6,232.46 6,232.46 96068 11/18/2004 002166 INGRAM ELECTRIC Troubleshoot elect prblm in cubicle 55.00 55.00 96069 11/18/2004 001517 INTEGRATED INSIGHTS DBA: H Nov 04 EE Assistance Program 706.92 706.92 96070 11/18/2004 003266 IRON MOUNTAIN OFFSITE Records Mgmt Microfilm Storage 422.50 422.50 96071 11/18/2004 001186 IRW IN, JOHN TCSD instructor earnings 116.00 116.00 96072 11/18/2004 008293 IUNIVERSE INC performer: ESG Mystery Weekend 250.00 250.00 96073 11/18/2004 000203 JOBS AVAILABLE INC Recruitment ad: Cultural Arts Admin 73.60 73.60 96074 11/18/2004 007671 JONES, MARILYN TCSD instructor earnings 539.00 539.00 96075 11/18/2004 008294 KANDEL, SUSAN Performer:ESG Mystery Weekend 250.00 250.00 96076 11/18/2004 008346 KAZAKOFF, RITA Refund: Breakfast w/Santa @ CRC 12.00 12.00 96077 11/18/2004 008333 KVITKY, TERRY Refund: Notary Public Seminar 70.00 70.00 96078 11/18/2004 006744 LAMAR CORPORATION, THE billboard chg-out: Howl-o-ween 455.00 455.00 96079 11/18/2004 003726 LIFE ASSIST INC Medical supplies: Homeland Security 539.66 539.66 96080 11/18/2004 003782 MAIN STREET SIGNS Signs & hardware for PW Maint 183.18 Signs & hardware for PW Maint 161.63 344.81 96081 11/18/2004 004141 MAINTEX INC custodial supplies: CRC 328.67 custodial supplies: City Hall 149.07 custodial supplies: Maint Fac 39.84 custodial supplies: Sr Ctr 18.36 535.94 96082 11/18/2004 001967 MANPOWER TEMPORARY SER Temp help w/e 10/31 Dankworth 658.40 658.40 Pages apChkLst 11/18/2004 10:27:49AM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 96083 11/18/2004 005806 MATTHEWS, CATHERINE J. Oct Street Addressing: B&S Dpt. 225.00 225.00 96084 11/18/2004 003800 MCLAUGHLIN ENGINEERING Sep Prgs Pmt #13: J.W. Impry 70,930.80 70,930.80 96085 11/18/2004 006571 MELODY'S AD WORKS Reimb. expenses:Holiday wreaths 357.07 Reimb expenses:HalloweeiVE.S.G. 154.69 511.76 96086 11/18/2004 005684 MEREDITH, MARILYN E.S.G. Speaker: 11/06/04 250.00 250.00 96087 11/18/2004 005690 MICHELLE'S PLACE WOMENS B FY04/05 Comm. Svc Funding Award 2,000.00 2,000.00 96088 11/18/2004 004208 MILANOS refreshments:Council mtg:11/09/04 281.25 281.25 96089 11/18/2004 001892 MOBILE MODULAR Nov modular bldg rental:Fire Stn 92 832.40 832.40 96090 11/1 at2004 004128 MORAMARCO, ANTHONY J. TCSD Instructor Earnings 512.00 512.00 96091 11/18/2004 002925 NAPA AUTO PARTS small equip parts: PW Maint 9.21 9.21 96092 11/18/2004 002139 NORTH COUNTY TIMES Oct Halloween event ads:TCSD/RDA 1,935.02 Oct ntc ads: PW/City Clerk/Planning 1,409.43 Oct recruitment ads for H.R. Opt. 705.90 Oct public ntcs: Planning Opt. 276.99 4,327.34 96093 11/18/2004 002292 OASIS VENDING coffee/kitchen supplies: City Hall 338.15 coffee/kitchen supplies: Maint Fac 149.60 487.75 96094 11/18/2004 003964 OFFICE DEPOT BUSINESS SVS office supplies for Planning 244.52 244.52 96095 11/18/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 25.64 25.64 96096 11/18/2004 003299 OLDER THAN DIRT GANG entertainment:E.S.G.:11/06/04 300.00 300.00 96097 11/18/2004 002331 PEP BOYS INC small equip parts: PW Maint 18.86 18.86 96098 11/18/2004 001958 PERS LONG TERM CARE FROG PERS Long Term Care Payment 288.55 288.55 96099 11/18/2004 000249 PETTY CASH Petty Cash Reimbursement 334.15 334.15 Page£ apChkLst 11118/2004 10:27:49AM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 96100 11/18/2004 008335 POL, LILLIAN Refund: Oil/Acrylic Painting 75.00 75.00 96101 11/18/2004 000253 POSTMASTER Express Mail & Postal Svcs 186.65 186.65 96102 11/18/2004 000254 PRESS ENTERPRISE COMPAN Oct recruitment ads for H.R. Dpt. 3,510.01 Oct Halloween Carnival ads:TCSD 592.50 4,102.51 96103 11/18/2004 003493 PRO -CRAFT OVERHEAD DOOR Res Imp Prgm: Strand, Jayne 675.00 675.00 96104 11/18/2004 005075 PRUDENTIAL OVERALL SUPPL unifonnsMr mat/towel rentals: City 1,088.25 1,088.25 96105 11/18/2004 002072 RANCHO CALIF WATER DIST install 6" meter:Wolf Crk Spris Pk 74,787.00 74,787.00 96106 11/18/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 12,502.09 Various Water Meters 614.76 Various Water Meters 75.16 13,192.01 96107 11/18/2004 000947 RANCHO REPROGRAPHICS dupl blueprints: T. Museum Expan. 118.70 118.70 96108 11/18/2004 008099 RANDALL KAPPE MAGICIAN Paramagic Show: Public Safety Expo 480.00 480.00 96109 11/18/2004 000526 REGENTS OF UNIVERSITY OF Crashzone/Crimezone:2r7-9-05 590.00 590.00 96110 11/18/2004 006483 RICHARDS, TYREASHA I. TCSD Instructor Earnings 440.00 TCSD Instructor Earnings 288.00 TCSD Instructor Earnings 24.00 752.00 96111 11/18/2004 005334 RIVERSIDE CO FACILITIES 4/15-6/9/04 SVC:I-15/Cherry Intrchg 270.00 270.00 96112 11/18/2004 000411 RIVERSIDE CO FLOOD CIT files on CD: Land Dev 42.50 42.50 96113 11/18/2004 001365 RIVERSIDE COUNTY OF renew permit: Temeku Hills Park 89.00 89.00 96114 11/18/2004 003587 RIZZO CONSTRUCTION INC replace concrete driveway @ TCC 15,000.00 temp barricade wall: Duck Pond 762.00 15,762.00 96115 11/18/2004 000277 S & S ARTS & CRAFTS INC Yellow Ribbons:Veteran's Memorial 328.92 328.92 96116 11/18/2004 007999 S F M CONSTRUCTORS INC Prgs Pmt #1: Veteran's Memorial 119,184.00 ret w/h pmt #1: Veteran's Memorial -11,918.40 107,265.60 Page:? apChkLst 11/18/2004 10:27:49AM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 96117 11/18/2004 008334 SALMAN, LAURA Refund:Tennis-Intr. Adv. Adult 105.00 105.00 96118 11/18/2004 005227 SAN DIEGO COUNTY OF Support Payment case # DF099118 25.00 25.00 96119 11/18/2004 006815 SAN DIEGO, COUNTY OF Support Payment acct # 681095025 12.50 12.50 96120 11/18/2004 006176 SANTA ANA COLLEGE Public Educ: 1/10-14/05 L.Nottingham 140.00 140.00 96121 11/18/2004 007603 SCHRAMM, NANCY L. TCSD Instructor Earnings 258.00 TCSD Instructor Earnings 229.60 TCSD Instructor Earnings 154.00 TCSD Instructor Earnings 57.20 698.80 96122 11/18/2004 000645 SMART & FINAL INC MPSC recreation supplies 84.23 Family Fun Nights supplies 36.09 120.32 96123 11/18/2004 002536 SMITH, ZENAIDA B. Reimb:CMRTA Conf:10/19-22/04 51.75 51.75 96124 11/18/2004 000537 SO CALIF EDISON Nov 2-01-202-7330 Various Mtrs 37,691.04 Nov 2-01-202-7603 Arterial St Lt 13,968.59 Oct 2-00-397-5059 Various Mire 8,333.05 Oct 2-05-791-8807 Various Mtrs 4,621.97 Nov 2-00-987-0775 Vail Ranch 4,606.18 Nov 2-06-105-0654 Various Mtrs 2,445.99 Nov 2-10-331-1353 Stn 84 935.53 Oct 2-24-151-6582 Various Mire 587.85 73,090.20 96125 11/18/2004 000926 SO CALIF EDISON Traf Sgnl Install:Meadows/R.Vista 1,854.27 1,854.27 96126 11/18/2004 000519 SOUTH COUNTY PEST pest control svcs: TCC 105.00 pest control svcs: Maint Fac 84.00 pest control svcs: Sr Ctr 84.00 273.00 96127 11/18/2004 007851 SOUTHCOAST HEATING & AIR Otdy HVAC prev maint: City Facilities 2,727.50 relocate men's r.r. thermostat @ CRC 445.00 3,172.50 96128 11/18/2004 005723 SOUTHWEST SOCCER CLUB FY04105 Comm. Svc Funding Award 2,500.00 2,500.00 96129 11/18/2004 000293 STADIUM PIZZA rfrshmnts:Skaters Challenge 10/29 212.66 212.66 96130 11/18/2004 004503 STEEL GRIP SYSTEMS INC (2) 5 gal pails Fusion Crete: PW Mntc 549.59 549.59 96131 11/18/2004 008347 SURRELL, DIONNE Refund:Tennis Beginning Jr. 50.00 50.00 PageB apChkLst 11/18/2004 10:27:49AM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 96132 11/18/2004 000305 TARGET STORE office supplies for PW Dept. 346.98 Halloween Carnival supplies 99.24 446.22 96133 11/18/2004 006914 TEMECULA COPIERS INC. Oct Copier Usage Chrgs:City Facilities 4,294.45 Copier stand: Pin reception area 107.75 4,402.20 96134 11/18/2004 000310 TEMECULA CREEK INN INC Deposit:Holiday pany:12/3/04 1,000.00 1,000.00 96135 11/18/2004 008292 TEMECULA DIESEL AUTO & TR repairs on PW patch truck 1,880.64 1,880.64 96136 11/18/2004 000307 TEMECULA TROPHY COMPAN Team Pace Fear Factor Trophies 87.28 87.28 96137 11/18/2004 004118 TEMECULA VALLEY GENEALO FY04/05 Comm. Svc Funding Award 2,000.00 2.000.00 96138 11/18/2004 000311 TEMECULA VALLEY HIGH SCH FY04105 Comm. Svc Funding Award 5,000.00 5,000.00 96139 11/18/2004 000311 TEMECULA VALLEY HIGH SCH Astronomy Night donation:l 1/12/04 103.00 103.00 96140 11/18/2004 004873 TEMECULA VALLEY HISTORI FY04105 Comm. Svc Funding Award 5,000.00 5,000.00 96141 11/18/2004 007144 TEMECULA VALLEY POP WARN FY04/05 Comm. Svc Funding Award 1,800.00 1,800.00 96142 11/18/2004 003067 TEMECULA VALLEY R V SERV Police vehicle repair/maint:x6022 943.92 Police vehicle repair/maint:x6022 622.49 Police vehicle repair/maint:x3883 143.08 1,709.49 96143 11/18/2004 004274 TEMECULA VALLEY SECURITY Locksmith svcs:City Hall/var parks 170.83 170.83 96144 11/18/2004 005994 TERRY'S VILLAGE Holiday Light Parade recogn. awards 18.85 18.85 96145 11/18/2004 007433 TOVEY SHULTZ CONSTRUCTIO Reimb:RCWD inspect fees:Comm Thtr 3,880.00 3,880.00 96146 11/18/2004 006192 TRISTAFF GROUP temp help We 10/31 LongTdwell 1,307.80 1,307.80 96147 11/18/2004 002702 U S POSTAL SERVICE Postage meter deposit 3,450.04 3,450.04 96148 11/18/2004 000325 UNITEDWAY 2004 Gift Giving Campaign 1,238.06 1,238.06 96149 11/18/2004 000325 UNITED WAY United Way Charities Payment 213.00 213.00 Page9 apChkLst Final Check List Page: 10 11/18/2004 10:27:49AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 96150 11/18/2004 006807 VANIR CONSTRUCTION Sep Constr Mgmt:Comm. Theater 52,995.54 52,995.54 96151 11/18/2004 003665 VARTEC SOLUTIONS INC Oct long distance phone svcs 26.31 26.31 96152 11/18/2004 004261 VERIZON Nov xxx-5072 general usage 4,931.02 Oct xxx-1540 O.T. Parking 90.15 Nov xxx-1941 PTA CD TTACSO 57.16 Nov xxx-3851 general usage 39.98 5,118.31 96153 11/18/2004 004789 VERIZON INTERNET SOLUTION Internet svcs/EOC. backup @ stn 84 72.35 72.35 96154 11/18/2004 006698 W M BALDW IN TRACTORS weed abatement services 5,175.00 5,175.00 96155 11/18/2004 002109 WHITE CAP INDUSTRIES INC misc supplies for PW Maint 346.87 346.87 96156 11/18/2004 007475 WOLF ENTERPRISES vehicle detailing svcs: Paramedics 177.79 177.79 96157 11/18/2004 001544 YEAGER SKANSKA INC Prgs Pmt #6: Pechanga Pkwy Ph 2 421,893.43 Credit:temp fencing C/O not approved -3,987.43 417,906.00 96158 11/18/2004 008339 ZIFF, NEAL Rfnd:Ovrpmt/fees:43801 Coronado 100.02 100.02 96159 11/18/2004 000348 ZIGLER, GAIL reimb: lifeguard uniform shirts 90.43 90.43 Grand total for UNION BANK OF CALIFORNIA: 1,191,733.19 Page:10 apChkLst Final Check List Page: 1 11/23/2004 5:04:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check if Date Vendor Description Amount Paid Check Total 96160 11/23/2004 008351 AMERICAN CANCER SOCIETY FY 04/05 Comm. Svcs Funding Award 1,000.00 1,000.00 96161 11/23/2004 001375 AMERICAN CONSTRUCTION Membership: Patrick Ryan Land Devel 125.00 125.00 96162 11/23/2004 007996 AMERICAN WEST LANDSCAPE Oct Prgss:Pechanga Pkwy Soundwall 39,592.58 39,592.58 96163 11/23/2004 008279 AMERICOMP INFOSYSTEMS 1 5 A/C Adapter for notebooks 220.89 220.89 96164 11/23/2004 000101 APPLE ONE INC. Temp help PPE 11/06 Kasparian 648.00 Temp help PPE 11/06 Buchanan 540.00 1,188.00 96165 11/23/2004 003203 ARTISTIC EMBROIDERY Shirts wAogo for IS Staff 336.18 336.18 96166 11/23/2004 001445 ASSISTANCE LEAGUE OF FY 04/05 Comm Svcs Funding Award 5,000.00 5,000.00 96167 11/23/2004 002713 BALLOONS GALORE Balloons for Public Safety Expo 80.81 80.81 96168 11/23/2004 002541 BECKER CONSTRUCTION SRV Citywide sandbagging for erosion cord 14,400.00 Removal of channels silt & debris 7,038.55 Removal of channels silt & debris 913.60 22,352.15 96169 11/23/2004 006721 BOISE CASCADE OFFICE Paper supply for Copy Center 2,691.77 Paper Supply for Copy Center 158.28 Office supplies: Fire Prev. 143.86 Office Supplies: Code Enforcement 57.12 Office supplies: Finance 39.87 3,090.90 96170 11/23/2004 007829 C S LEGACY CONSTRUCTION I Retention:SR 79S Sidewalk impr prjt 14,732.76 14,732.76 96171 11/23/2004 006075 CAMPBELL, KENTON SCOTT TCSD instructor earnings 579.60 TCSD instructor earnings 363.60 943.20 96172 11/23/2004 004971 CANON FINANCIAL SERVICES, Dec lease pmt for City copier 7,658.64 Dec lease pmt for Fire Stn 73/CRC 328.63 Dec lease pmt for Fire Sm 12 76.96 Credit: Late chrgs reversed per Canon -7.00 Credit: Late chrgs reversed per Canon -727.86 7,329.37 96173 11/23/2004 003349 CAROUSEL CARRIAGE COMPA Santa Trolley ride for Old Town Event 750.00 750.00 96174 11/23/2004 004161 CD TOONS Entertainment:Holiday Party 1213/04 650.00 650.00 Page:1 apChkLst 11/23/2004 5:04:34PM Final Check List CITYOFTEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 96175 11/23/2004 005417 CINTAS FIRST AID & SAFETY First aid supplies: City Hall 46.08 46.08 96176 11/23/2004 001193 COMP U S A INC Computer Supplies for IS dept 247.40 247.40 96177 11/23/2004 000442 COMPUTER ALERT SYSTEMS Install panic button 0 reception area 250.00 250.00 96178 11/23/2004 004524 CRAFCO INC/ABSOLUTE ASPH Asphalt cold mix for PW patch truck 884.42 884.42 96179 11/23/2004 003272 DAISY WHEEL RIBBON Plotter Paper & Ink:GIS Division 568.75 568.75 96180 11/23/2004 004569 DAVID TAUSSIG & ASSOCIATE Special tax consulting:Roripaugh CFD 1,265.22 1,265.22 96181 11/23/2004 005774 DEANS WHOLESALE FLOWER Supplies for Special Events 254.55 254.55 96182 11/23/2004 004450 DENNIS A HIBBERT PLUMBING Repair toilet @ Fire Sin 92 85.00 85.00 96183 11/23/2004 003006 DEWITT CUSTOM PAINTING Res Imp Prgm: Cavazos,Tiffany 2,400.00 Res Imp Pgnn: Strand, Thomas 2,100.00 4,500.00 96184 11/23/2004 003945 DIAMOND ENVIRONMENTAL Portable restroom 0 Riverton Prk 57.48 Portable restroom @ Veterans Prk 57.48 Portable restroom @ Vail Ranch Prk 57.48 Portable restroom @ Lg Cyn Prk 57.48 229.92 96185 11/23/2004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: TCSD 772.78 Fuel for city vehicles: PW Mntc 676.47 1,449.25 96186 11/23/2004 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr Ldscp 43.66 43.66 96187 11/23/2004 000164 ESGIL CORPORATION Oct plan check svcs: B&S dept 14,624.69 14,624.69 96188 11/23/2004 006487 EUROPEAN CAFE & VINEYARD T.Museum field trip refreshments 35.02 35.02 96189 11/23/2004 000478 FAST SIGNS T.Museum exhibit supplies 46.16 46.16 96190 11/23/2004 000165 FEDERAL EXPRESS INC Express mail services 136.67 Express mail services 69.08 205.75 96191 11/23/2004 007568 FINE ARTS NETWORK FY 04/05 Comm Svcs Funding Award 5,000.00 5,000.00 Page2 apChkLst 11/23/2004 5:04:34PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 96192 11/23/2004 000166 FIRST AMERICAN TITLE Lot Book Reports: Benzango 75.00 75.00 96193 11/23/2004 004239 FISHER SEHGAL YANFI INC Architectual Design:Comm.Theater 7,145.25 Architectual Design:Comm.Theater 1,164.54 Architectual Design:Comm.Theater 220.50 8,530.29 96194 11/23/2004 005270 FLAGS UNLIMITED INC 200 Flags/Japan Garden Dedication 515.00 515.00 96195 11/23/2004 004178 FREEDOM SIGNS""""""""' Fac Imp Prgm: Sweet Lumpy's BBQ 4,848.75 Deduction: BCSE-404757 -25.00 4,823.75 96196 11/23/2004 007866 G C S SUPPLIES INC Printer toner supplies: Citywide 181.02 181.02 96197 11/23/2004 004514 G T S I CORP Centurion Wireless tech: Fire Sins 468.71 Computer mounting equip: Fire 105.60 574.31 96198 11/23/2004 004019 GOLDEN STATE FENCE COMP Install Margarita mitigation fence 5,068.80 5,068.80 96199 11/23/2004 004125 GRAYDON, KEN Entertainment: Mystery weekend 250.00 250.00 96200 11/23/2004 008352 GULLIOT, BRIAN EE computer purchase prgm 849.07 849.07 96201 11/23/2004 000186 HANKS HARDWARE INC Hardware supplies: Fire Stn 92 443.31 443.31 96202 11/23/2004 006052 HORTON, MIKE Reimb:Ornaments for Spark of Love 114.03 114.03 96203 11/23/2004 004525 HUMANSCALE CORPORATION Ergonomic supplies:CIP Analyst 278.30 278.30 96204 11/23/2004 004833 IMPERIAL PAVING COMPANY 1 Citywide A.C. Repairs: PW 12,723.00 12,723.00 96205 11/23/2004 002166 INGRAM ELECTRIC Repair burnt relay @ City Hall 185.00 185.00 96206 11/23/2004 005579 INLAND EMPIRE PROPERTY Weed abatement APN 909-252-009 85.00 85.00 96207 11/23/2004 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 175.95 Pool sanitizing chemicals 139.86 315.81 96208 11/23/2004 008241 JOHN WEBER CONSTRUCTION Prgss Pmt:Japanese Garden 70,902.00 70,902.00 Page3 apChkLst Final Check List Page: 4 11/23/2004 5:04:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 96209 11/23/2004 003046 K F R O G 95.1 FM RADIO 96210 11/23/2004 006302 KIDZ LOVE SOCCER, INC 96211 11/23/2004 000206 KINKOS INC 96212 11/23/2004 001405 KIWANIS CLUB OF RANCHO 96213 11/23/2004 007321 KOPP, JON R. (RANDY) (Continued) Description Radio broadcasting:Mystery Weekend Radio broadcasting:Halloween Events Radio broadcasting:Mystery Weekend 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 earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Stationery paper/misc supplies FY 04/05 Comm Svcs Funding Award Old Town special event sound svcs 96214 11/23/2004 004051 L O R GEOTECHNICAL GROUP Geotech test:Pechanga storm drain Geotech test:Pechanga storm drain 96215 11/23/2004 001719 LP A INC Oct Svcs: Library project Sep Svcs: Library project Oct Svcs: Library project Credit: Library reimb. overage 96216 11/23/2004 000380 LAIDLAW TRANSIT INC Bus svcs:Veteran's Dedication 96217 11/23/2004 006744 LAMAR CORPORATION, THE 96218 11/23/2004 008353 LONG, MICHELLE 96219 11/23/2004 006897 LORY, SUSAN, J. Nov billboard advertising:Old Town Old Town billboard chg-out Reimb:Omaments for Spark of Love TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Amount Paid 775.00 747.50 225.00 2,192.00 1,152.00 768.00 704.00 584.00 512.00 448.00 448.00 384.00 256.00 192.00 192.00 64.00 Pib7[-F. 2,000.00 4,837.50 3,707.50 12,526.02 1,624.41 1,590.00 -3,241.67 1,166.91 2,700.00 495.00 77.60 367.50 315.00 294.00 227.50 196.00 175.00 Check Total 1,747.50 7,896.00 225.95 2,000.00 300.00 8,545.00 12,498.76 1,166.91 3,195.00 77.60 1,575.00 Page:4 apChkLst Final Check List Page: 5 11/23/2004 5:04:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check 4 Date Vendor Description Amount Paid Check Total 96220 11/23/2004 006654 LOST CANYON RANGERS 11/21 Old Town Christmas entertainmt 600.00 600.00 96221 11/23/2004 004141 MAINTEX INC custodial supplies: City Hall 333.99 custodial supplies: Maint Fac 98.36 custodial supplies: CRC 56.60 custodial supplies: Sr Center 37.73 custodial supplies: Maint Fac 37.73 564.41 96222 11/23/2004 001967 MANPOWER TEMPORARY SER temp help We 11/07 Dankworth 658.40 658.40 96223 11/23/2004 002693 MATROS, ANDREA TCSD Instructor Earnings 205.20 205.20 96224 11/23/2004 007210 MIDORI GARDENS Oct Idscp maint: neighborhood prks 30,000.00 30,000.00 96225 11/23/2004 003163 MINOLTA BUSINESS SYSTEMS copier maint/supplies: C.H. Cashier 554.00 copier mainVsupplies: MPSC 390.00 944.00 96226 11/23/2004 001384 MINUTEMAN PRESS "Electrical" labels for B&S dept 146.65 146.65 96227 11/23/2004 008336 MISSING MAN FOUNDATION 4 Jet Flyover for Vet. Mem. Dedication 1,600.00 1,600.00 96228 11/23/2004 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 180.00 TCSD Instructor Earnings 164.57 TCSD Instructor Earnings 137.20 481.77 96229 11/23/2004 007011 MORRIS MEYERS MAINTENAN Oct maint svcs:park r.r./picnic shelters 4,690.00 4,690.00 96230 11/23/2004 003974 MOTIF BARBERSHOP QUARTE O.T. holiday perfonmance:11120 400.00 400.00 96231 11/23/2004 007564 MURRAYS HOTEL& Refrigerator for CRC 2,670.05 2,670.05 96232 11/23/2004 001986 MUZAK -SOUTHERN CALIFORN repair speakers/O.T. sound system 1,600.00 Credit:exceeds agreed amount -400.00 1,200.00 96233 11/23t2004 006140 NORTH JEFFERSON BUSINESS Bus.Prk Assn Dues:F.V./115 XX20 447.00 Bus.Prk Assn Dues:F.V./115 XX17 329.00 776.00 Pages apChkLst Final Check List Page: 6 11/23/2004 5:04:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 96234 11/23/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 179.96 City Vehicle Repair/Maint Svcs 121.83 City Vehicle Repair/Maint Svcs 121.83 City Vehicle Repair/Maint Svcs 98.42 City Vehicle Repair/Maint Svcs 91.60 City Vehicle Repair/Maint Svcs 63.26 City Vehicle Repair/Maint Svcs 33.22 City Vehicle Repair/Maint Svcs 22.42 732.54 96235 11/23/2004 000249 PETTY CASH Petty Cash Reimbursement 375.61 375.61 96236 11/23/2004 003697 PROJECT DESIGN CONSULTAN 9/6-10/10/04 Svcs: Murr Crk/Ovrind 34,428.92 34,428.92 96237 11/23/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 10,279.75 Nov 01-02-98010-0 Fire Sin 84 246.97 Nov 01-04-10033-2 Marg. Rd. 195.58 Nov 01-02-98000-0 Fire Stn 84 12.33 10,734.63 96238 11/23/2004 000947 RANCHO REPROGRAPHICS dup blueprints:W.C.Sports Complex 4,180.38 dup blueprints:O.T. Gateway Idscp 319.64 dup blueprints:E.S.Gardner Pdt 123.64 4,623.66 96239 11/23/2004 003742 REHAB FINANCIAL CORPORATI Sep loan collections svc: RDA 8.00 8.00 96240 11/23/2004 003591 RENES COMMERCIAL MANAGE Clean-up of City Channels 9,750.00 9,750.00 96241 11/23/2004 000353 RIVERSIDE CO AUDITOR Sep parking citation assessments 1,865.50 1,865.50 96242 11/23/2004 003587 RIZZO CONSTRUCTION INC Replace light pole in Old Town 3,300.00 3,300.00 96243 11/23/2004 000815 ROWLEY, CATHY TCSD Instructor Earnings 648.00 TCSD Instructor Earnings 432.00 TCSD Instructor Earnings 288.00 TCSD Instructor Earnings 144.00 1,512.00 96244 11/23/2004 000722 S. CALF ASSN CODE Publ Nuisance/Comm Dev:2/25-26 130.00 130.00 96245 11/23/2004 000722 S. CALF ASSN CODE Field Sprvsn/Admin Prpsl:4/15-16/05 130.00 130.00 96246 11/23/2004 000722 S. CALF ASSN CODE Bdgt MgmUPlan Ck:6/10-11/05 130.00 130.00 96247 11/23/2004 005227 SAN DIEGO COUNTY OF Support Pmt: 661183401610 25.00 25.00 Page. apChkLst Final Check List Page: 7 11/23/2004 5:04:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 96248 11/23/2004 008349 SHEA HOMES Refund: Ovrpmt of fees TR2-320-9 31.51 31.51 96249 11/23/2004 007342 SHUTE, MIHALY & WEINBERGE Oct legal services pmt 685.84 685.84 96250 11/23/2004 000645 SMART & FINAL INC TCSD Special Events Supplies 471.39 TCC Recreation Supplies 185.77 TCSD Special Events Supplies 70.13 727.29 96251 11/23/2004 000537 SO CALIF EDISON Oct 2-19-999-9442 various mtrs 1,424.28 Nov 2-25-393-4681 T.E.S. Pool 581.18 Nov 2-23-365-5992 Fire Sm 92 296.55 Nov 2-24-628-8963 Btrfld Stage 26.43 2,328.44 96252 11/23/2004 000519 SOUTH COUNTY PEST pest control svcs: No./So. Park 84.00 pest control svcs: Willow Run 84.00 pest control svcs: Fire Stn 84 80.00 pest control svcs: Fire Stn 92 42.00 290.00 96253 11/23/2004 000305 TARGET STORE Children's Museum Supplies 38.80 Teen Program Supplies 38.20 Teen Program Supplies 34.62 Children's Museum Supplies 20.70 132.32 96254 11/23/2004 004209 TEMECULA SUNRISE ROTARY Oct -Dec bus bench placemenVmaint 3,000.00 Jul -Sep bus bench placemenVmaint 3,000.00 6,000.00 96255 11/23/2004 000307 TEMECULA TROPHY COMPAN Sister Cities Plaque: Nakayama 2,438.12 Recognition award: J. Stone 83.45 Namebadge/plate: T. Arbogast 17.51 Namebadge: B. Beers 9.43 2,548.51 96256 11/23/2004 004875 TEMECULA VALLEY TIME MAC FY 04/05 Comm. Svc Funding Award 1,000.00 1,000.00 96257 11/23/2004 000919 TEMECULA VALLEY UNIFIED S Sep vehicle fuel usage: PW 505.78 Sep vehicle fuel usage: B&S dept 256.26 762.04 96258 11/23/2004 004477 TEMECULA VALLEY WOMANS FY 04/05 Comm. Svc Funding Award 5,000.00 5,000.00 96259 11/23/2004 003862 THYSSENKRUPP ELEVATOR. elevator mainVinspection:Maint Fac 125.00 125.00 96260 11/23/2004 005937 TOMCZAK, MARIA T. TCSD Instructor Earnings 96.00 96.00 96261 11/23/2004 008350 TOP SOCCER FY 04/05 Comm. Svc Funding Award 2,000.00 2,000.00 Page:7 apChkLst Final Check List Page: 8 11/23/2004 5:04:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 96262 11/23/2004 005873 TRI AD ACTUARIES INC Nov Administration Fees 365.50 Credit: 42 participants for Oct. -8.50 Credit: 41 participants for Nov. -17.00 340.00 96263 11/23/2004 004895 TUMBLES, J.W. TCSD Instructor Earnings 288.00 TCSD Instructor Earnings 230.40 TCSD Instructor Earnings 115.20 TCSD Instructor Earnings 76.80 TCSD Instructor Earnings 57.60 TCSD Instructor Earnings 57.60 825.60 96264 11/23/2004 007118 U S TELPACIFIC CORPORATIO Nov Internet IP Addresses Block 539.75 539.75 96265 11/23/2004 004368 VALI COOPER & ASSOCIATES I Oct temp inspectors:RW/JP/DWDO 21,826.50 21,826.50 96266 11/23/2004 004261 VERIZON Nov not-0074 general usage 254.72 Nov root-0073 general usage 233.27 Nov not-1473 O.T. P.D. Stn 104.20 Nov not-3564 alarm 56.43 Nov pax-8573 general usage 30.64 Nov n -3923 Stone 28.24 Nov not-5473 Moraga Rd 28.22 735.72 96267 11/23/2004 004848 VERIZON SELECT SERVICES I Nov long distance phone svcs 4,925.41 4,925.41 96268 11/23/2004 001890 VORTEX DOORS repair/maint garage doors: Stn 84 801.68 801.68 Grand total for UNION BANK OF CALIFORNIA: 436,673.07 Pages ITEM 3 APPROVAL A,�f CITY ATTORNEY DIRECTOR OF FIN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 7, 2004 SUBJECT: City Treasurer's Report as of October 31, 2004 A PREPARED BY: Karin Grance, Revenue Managen, Shannon Domenigoni, Accountant RECOMMENDATION: That the City Council receive and file the City Treasurer's Report as of October 31, 2004. 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 Citys investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of October 31, 2004. FISCAL IMPACT: None Attachments: City Treasurer's Report as of October 31, 2004 CITY OF TEMECULA MEMORANDUM TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: November 29, 2004 SUBJECT: City Treasurer's Report as of October 31, 2004 According to Government Code Section 53646, reports to the City Council regarding the City's investment portfolio are required to be submitted within 30 days following the end of the quarter covered by the report. However, as a matter of City practice, the City Treasurer's Report will be distributed directly to you each month. It will also still appear on the first City Council meeting agenda each month for formal acceptance. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of October 31, 2004. Attachments: City Treasurer's Report as of October 31, 2004 City of Temecula City Treasurer's Report As of October 31, 2004 Cash Activity for the Month of October: Cash and Investments as of October 1, 2004 $ 129,820,856 Cash Receipts 7,167,393 Cash Disbursements (10,847,457) Cash and Investments as of October 31, 2004 $ 126,140,792 Cash and Investments Portfolio: Maturity/ Purchase Termination Market Par/Book Type of Investment Institution Yield Date Date Value Balance @ 1029/04 General Checking Union Bank n/a 517,935 (1) Flex Benefit Demand Deposits Union Bank n/a 11,529 (1) Checking Account - Parking Citations Union Bank n/a 3,447 Local Agency Investment Fund State Treasurer-LAIF I.890% 56,508,112 (2) Certificate: of Deposit - Retention Escrow Community National Bank n/a Petty Cash City Hall Na $ 1,500 Federal Agency. Callable Federal Home Loan Bank 1.985 % 06262003 01232006 992,190 987,500 Federal Agency- Callable Federal Home Loan Bank 2.500 % 07/162003 08/142006 1,991,880 1,975,620 Federal Agency -Callable Federal Home Loan Bank -BDS 3.000% 04/072004 01/072008 2,906,619 2,852,893 Federal Agency -Callable Federal Home Loan Bank -BDS 3.000% 04222004 01222008 1,985,000 1,951,260 Federal Agency- Callable Federal Home Loan Bank 3.000% 03292004 12282007 3,972,520 3,907,520 Federal Agency. Callable Federal Home Loan Bank -BDS 3.070% 04/152004 01/152008 1,989,380 1,956,880 Federal Agency -Callable Federal Home Loan Bank -BDS 3.100% 04/082004 01/082008 3,036,672 2,988,053 Federal Agency -Callable Federal Home Loan Bank -BDS 3.125 % 04/162004 01/162008 995,940 980,000 Federal Agency -Callable Federal Home Loan Bank -BDS 3.150% 04/142004 01/142008 996,560 980,940 Federal Agency -Callable Federal Home Loan Bank -BDS 3.520 % 04/302004 01/302008 2,004,380 1,983,760 Federal Agency- Callable Federal Home Loan Bank - BDS 3.810 % 05/132004 02/132008 1,000,630 999,690 Federal Agency- Callable Federal Home Loan Bank 2.250 % 06262003 07242006 992,190 983,750 Federal Agency -Callable Federal Home Loan Mortgage Co 2.000%06/062003 06/302006 988,950 979,800 Bond Pond - CFD 88-12 U.S. Bank (First Am Treasury) 1.140 56,241 (Money Market Account) Delinquency Maintenance Account -CFD 88-12 CDC Funding Corp 5.430% 09/012017 500,000 (Investment Agreement) Delinquency Maintenance Account - CFD 88-12 U.S. Bank (First Am Treasury) 1.140 % 535,061 (Money Market Account) Reserve Fund - CFD 88-12 CDC Funding Corp 5.430 % 09/012017 1,531,469 (Investment Agreement) Special Tax Pond - CFD 01-2 U.S. Bank (First Am Treasury) L140 % 585,953 (Money Market Account) Admin Expense Pond - CFD 01-2 U.S. Bank (First Am Treasury) 1.140% 643,983 (Money Market Account) Variable Bond Fund -CFD 01-2 U.S. Bank (First Am Treasury) 1.140% 7,562 (Money Market Account) Interest Differential Pond - CFD 01-2 U.S. Bank (Furst Am Treasury) 1.140% 131,603 (Money Market Account) Improvement Fund - CFD 01-2 U.S. Bank (First Am Treasury) 1.140% 3,547,425 (Money Market Account) Special Tax Fund -CID 03-1 U.S. Bank(I= Am Treasury) 1.140% 18,532 (Money Market Account) Capital Interest Fund - CID 03-1 U.S. Bank (First Am Treasury) 1.140% 32 (Money Market Account) Reserve Fund - CFD 03-1 Aig Match Fed Corp Ref 4.830 % 863,900 (Investment Agreement) City Improvement Fund - CFD 03-1 U.S. Bank (First Am Treasury) 1.140% 170,451 (Money Market Account) City Improvement Pond -CFD 03-1 State Treasama-LAIF 1.890% 1,235,785 (Local Agency Investment Fund) Cal Trans Improvement Fund - CFD 03-1 U.S. Bank (First Am Treasury) 1.140% 1,118 (Money Market Account) Cal Trans Improvement Fund - CFD 03-1 State Treasurer-LAIF 1.890 % 1,010,882 (Local Agency Investment Fund) Acquisition Account Pond - CFD 03-1 U.S. Bank (First Am Treasury) 1.140% 1,331 (Money Market Account) Page I City of Temecula City Treasurer's Report As of October 31, 2004 Acquisition Account Fund - CFD 03-1 Stale Trmsurer-LAID 1.890 % (Local Agency Investment Fund) Capital Interest Fund - CFD 03-3 U.S. Bank first Am Treasury) 1.140 % (Money Market Account) Capital Interest Fund - CID 03-3 State Treasurer-LAIF 1.890% (Local Agency Investment Fund) Reserve Fund - CFD 03-3 Cdc Fording Corp 3.000 % (InveNnenl Agreement) Reserve Fund - CFD 03-3 U.S. Bank (Frst Am Treasury) 1.140 % (Money Market Account) City Impmvement Fund - CFD 03-3 U.S. Bank (Fiat Am Treasury) 1.140 % (Money Market Account) City Improvement Fund-CFD 03-3 State Treasurer-LAIF 1.890% (Local Agency Investment Fund) EMWD Improvement Fund - CFD 03-3 U.S. Bank (First Am Treasury) 1.140 % (Money Market Account) EMWD Improvement Fund -CFD 03-3 State Treasurer-LAIF 1.890% (Local Agency Investment Fund) Acquisition Account Fund - CFD 03-3 U.S. Bank (Fast Am Treasury) 1.I40 % (Money Market Account) Acquisition Account Fund - CFD 03-3 State Treasurer-LAIF 1.890 % (Local Agency Investment Fund) Capital Interest Fund - CFD 03-06 U.S. Bank (First Am Treasury) 1.140 % (Money Market Account) Reserve Fund - CFD 03-06 U.S. Bank (First Am Treasury) I.140 % (Money Market Account) City Improvement Fund - CFD 03-06 U.S. Bank (First Am Treasury) 1.140 % (Money Market Account) Cost of Issuance Fund - CFD 03-06 U.S. Bank (First Am Treasury) 1.140 % (Money Market Account) Redemption Fund - AD 03-04 U.S. Bank (Fast Am Treasury) 1.140 % (Money Market Account) Admin Expense Fund - AD 03.4 U.S. Bank (First Am Treasury) 1.140 % (Money Market Account) Reserve Fund - AD 03-04 U.S. Bank (First Am Treasury) 1.140 % (Money Market Account) Interest Account- RDATABs U.S. Bank (First Am Treasury) 1.140 % (Money Market Account) Reserve Account-RDATABs U.S. Bank (First Am Treasury) n/a (Surety Bond) Project Account - RDA TABS U.S. Bank (First Am Treasury) 1.140 % (Money Market Account) Project Account-RDATABs State Treasurer-LAIF 1.890% (Local Agency Investment Fund) Installment Payment Fund - TCSD COPS U.S. Bank (First Am Treasury) 1.140 % (Money Market Account) Project Fund - TCSD COPS U.S. Bank (First Am Treasury) 1.140 % (Money Market Account) Project Fund-TCSD COPS State Treasurer-LAIF 1.890% (Local Agency Investment Fund) (I) -This amount is net of outstanding checks. (2)-At October 31, 2004 total market value (including seemed interest) for the Local Agency Investment Fund (LAID was $52,078,788,741. The Clty's proportianate sbare of that value is $56,436,732. All investments are liquid and carnantly available. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next sac months. 1,293,186 4,488 2,441 2,171,120 11,577 1,241 7,460,619 2.956 3,657,449 9,965 9,992,780 245,155 338,077 3,927,742 58,987 8,097 364 100,056 81 1 504 2,714,585 264 9,537 2,818,002 a rao,rvv,rrc Page 2 CITY OF TEMECULA CASH AND INVESTMENT REPORT OCTOBER 2004 Fund Total 001 GENERAL FUND 17,104,907.17 101 STATE TRANSPORTATION FUND 1,381.48 120 DEVELOPMENT IMPACT FUND 12,986,716.49 150 AB 2766 FUND 164,232.37 165 RDA DEN LOW/MOD 20% SET ASIDE 7,889,706.29 170 MEASURE A FUND 4,740,552.13 190 TEMECULA COMMUNITY SERVICES DISTRICT 152,937.20 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 23,613.40 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 77,036.56 194 TCSD SERVICE LEVEL "D" REFUSEIRECYCLING 13,198.86 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 28,865.13 210 CAPITAL IMPROVEMENT PROJECT FUND 31,818,716.13 261 CFD 88-12 ADMIN EXPENSE FUND 9,225.38 271 CFD 01-2 HARVESTON IMPROVEMENT FUND 3,543,496.51 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 3,712,753.23 274 AD 03-4 JOHN WARNER IMPROVEMENT FUND 176,370.24 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 21,125,010.36 276 CID 03-6 HARVESTON 2 IMPROVEMENT FUND 3,827,742.09 280 REDEVELOPMENT AGENCY - CIP PROJECT 5,264,236.78 300 INSURANCE FUND 1,533,593.63 310 VEHICLES FUND 164,752.01 320 INFORMATION SYSTEMS 810,742.61 330 SUPPORT SERVICES 220,101.00 340 FACILITIES 135,583.69 380 RDA 2002 TABS DEBT SERVICE 1,708,027.96 390 TCSD 2001 COP'S DEBT SERVICE 136,210.91 460 CFD 88-12 DEBT SERVICE FUND 2,711,037.49 470 CFD 01-2 HARVESTON DEBT SERVICE FUND 2,034,276.79 471 CFD 98-1 WINCHESTER HILLS DEB SERVICE 11,598.31 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 945,157.99 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 124,032.60 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 2,272,739.39 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 672,239.60 GRAND TOTAL 126,140,791.78 ITEM 4 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 7, 2004 SUBJECT: Financial Statements for the Three Months Ended September 30, 2004 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Senior Accountant iplB RECOMMENDATION: That the Agency members receive and file the Financial Statements for the Three Months Ended September 30, 2004. DISCUSSION: The attached financial statements reflect the unaudited activity of the City for the three months ended September 30, 2004. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of September 30, 2004 Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 2004 Combining Balance Sheet (Internal Service Funds) as of September 30, 2004 Statement of Revenues, Expenses and Changes in Retained Earnings (Internal Service Funds) for the Three Months Ended September 30, 2004. CITY OF TEMECULA Combining Balance Sheet as of September 30, 2004 and the Statements of Revenues, Expenditures and Changes in Fund Balance For The Fiscal Year Ended September 30, 2004 And the Statement of Revenues, Expenses and Changes In Retained Earnings For The Fiscal Year Ended September 30, 2004 (Unaudited) Prepared by the Finance Department City of Temecula Combining Balance Sheet As of September 30, 2004 Assets: Cash and investments Receivables Due from other funds Advances to other funds Deposits Total assets Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Deferred revenue Total liabilities Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances General Gas Tax State Trans Dev Impact CDBG Fund Fund Fund Fund Fund $ 22,872,858 $ 1,128 $ 12,725,711 4,363,335 121,979 253 67,200 1,027,908 3,039,975 49,609 $ 31,353,686 121,979 $ 1,381 $ 12,792,911 $ 9,507,597 657,299 10,164,896 $ 3,.541 3,541 3,089,584 16,738,626 121,979 $ 1,381 12,789,370 1,360,580 21,188,790 121,979 1,381 12,789,370 $ 31,353,686 121,979 $ 1,381 $ 12,792,911 Please note that these balances are unaudited i City of Temecula Combining Balance Sheet As of September 30, 2004 Assets: Cash and investments Receivables Due from other funds Advances to other funds Deposits Total assets Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Deferred revenue Total liabilities Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances AB 2766 AB3229 Measure A Clp Fund Fund Fund Fund Total $ 163,607 $ 4,594,196 $ 28,752,293 $ 69,109,793 625 336,184 15,725 4,905,302 1,242,019 2,269,927 3,039,975 49,609 $ 164,232 $ 4,930,380 $ 30,010,037 $ 79,374,607 $ 164,232 164,232 $ 164,232 Please note that these balances are unaudited $ 2,104,408 $ 2,104,408 3,337,168 12,844,765 1,282,642 1,943,482 6,724,218 16,892,655 3,089,584 $ 4,930,380 23,285,819 58,031,788 1,360,580 4,930,380 23,285,819 62,481,952 $ 4,930,380 $ 30,010,037 $ 79,374,607 2 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Three Months Ended September 30, 2004 Annual Amended YTD Percent Budget Activity of Budget Revenues: Sales tax - State $ 18,615,450 $ 5,186,187 28% Sales tax -Triple Flip 6,205,150 (1) Developmental services: Planning 776,000 159,456 20% Building & Safety 2,155,400 505,669 23% Land Development 2,403,800 354,451 15% (2) Fire 751,000 139,647 19% (3) Grants 318,000 (4) Motor vehicle in lieu - State 320,912 213,689 67% (5) Motor vehicle in lieu - Triple Flip 3,649,088 (5) Motor vehicle license fees 55,000 (6) Property tax 2,884,000 (7) Property transfer tax 900,000 190,431 21 % Franchise fees 2,130,000 350,800 16% (8) Transient occupancy tax 1,820,000 469,848 26% Reimbursements- Redhawk 320,000 (9) Reimbursements - Financing 119,600 31,875 27% Reimbursements -Others 122,500 21,250 17% Reimbursements from TCSD 162,000 40,500 25% Reimbursements from RDA 225,000 56,250 25% Reimbursements from CIP 1,886,700 254,320 13% (10) Investment interest 400,000 133,880 33% Business licenses 270,000 28,885 11% (11) Vehicle code fines 1,000,000 210,820 21% Miscellaneous 78,500 60,398 77% (12) Parking citations/impoundfees 75,000 27,071 36% (13) Operating transfers in 1,496,500 383,666 26% Total Revenues 49,139,600 8,818,091 18% 3 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Three Months Ended September 30, 2004 Annual YTD Amended YTD Activity Percent Budget Activity Encurnbr. +Encumbr of Budget Expenditures: City Council $ 380,200 $ 102,821 $ 4,257 $ 107,078 28% Comrrnmity Support 416,700 59,697 127,114 196,911 45% (14) City Manager 1,021,100 215,092 74,178 289,270 28% Economic Development 902,013 113,950 75,256 189,207 21 %n City Clerk 912,000 176,392 18,715 195,107 21% City Attorney 850,000 141,565 141,565 17% Finance 1,768,861 349,918 69,631 418,549 24% Human Resources 491,300 120,692 47,391 168,083 34% (14) Planning 3,176,685 638,400 195,218 833,618 26% Building & Safety 2,597,840 552,832 238,570 791,402 30% Land Development 1,974,340 374,065 65,841 439,906 22% Public Works 5,692,402 593,494 943,440 1,536,934 27% CIP Admin 2,358,300 449,868 7,883 457,751 19% Police 13,591,764 2,500,860 109.404 2,610,264 19% Fire 5,105,598 1,247,338 142,971 1,390,309 27% Animal Control 132,000 17,500 17,500 13% Non -departmental 7,298,505 1,927,222 683,971 2,611,193 36% (15) Total Expenditures (Excluding Transfers) 48,669,607 9,580,705 2,803,840 12,384,545 25% Revenues Over/(Under) Expenditures 469,993 (762,614) Operating Transfers Out 4,605,816 4,605,816 Revenues Over/(Under) Expenditures and Operating Transfers (4,135,823) (5,368,430) Beginning Fund Balance, July 1, 2004 26,557,220 26,557,220 Ending Fund Balance, September 30, 2004 $ 22,421,396 $ 21,188,790 Notes: 1) As part of the 2004-05 State budget, 25 % of sales tax will be passed through as part of the triple flip which will be received in January and May with the property lax allocation from the County. 2) The variance in land Development is due to decreasing activities in improvement plan check and grading during this quarter. 3) The variance in Fire is primarily due to fewer fire inspection and plan check processed during this quarter. 4) Giant funding is based on reimbursements and there was no activity processed for this period. 5) The Motor Vehicle in lieu amount received from the Slate is 8 % of budget and the remaining 92 % will be received in January and May with Property taxes from the County as part of the "Triple Flip" arrangements with the State. 6) Motor vehicle license fees are scheduled to be received at the end of the fiscal year. 7) Property taxes are scheduled to be received in January and May of each fiscal year. 8) Franchise Fees includes the first quarter for Southern California Edison and CR&R. These are in line with projections, however, Adelphia Cable and Southern California Gas Company are received annually by April of each Fiscal year. 9) The quarterly reimbursement of sales tax for Redhawk is not due until November of this Fiscal year. 10) DUI reimbursements are received in January and June. 11) Business license renewals are scheduled for December and January. 12) Miscellaneous revenues have exceeded projections due to purchases of bid packets. 13) Parking citation/lmpound fees have increased as a result of increased police activity. 14) The variance in Community Support and Human Resources is due to encumbrances that are recorded for half of the year. 15) The variance in non -departmental is due to encumbrances for Auto Dealership agreement. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Gas Tax Fund For the Three Months Ended September 30, 2004 Revenues: Section 2105-2107 Investment interest Total Revenues Expenditures: Operating transfers out Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2004 Annual Amended YTD Total Percent Budget Activity Activity of Budget $ 1,392,500 $ 368,509 $ 368,509 26% 3,000 1,395,500 368,509 368,509 26% 1,395,500 383,666 383,666 27% (15,158) 137,137 137,137 Ending Fund Balance, September 30, 2004 $ 137,137 121,979 F City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual State Transportation Fund For the Three Months Ended September 30, 2004 Revenues: Investment interest Traffic congestion relief Total Revenues Expenditures: Operating transfers out Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2004 Annual Amended YTD Total Percent Budget Activity Activity of Budget $ 253 $ 253 253 253 $ 72,494 72,494 72,494 100% (2) (72,494) (72,241) 73,622 73,622 Ending Fund Balance, September 30, 2004 $ 1,128 $ 1,381 Notes: 1) Funding from the State was suspended for fiscal year 2004-05, therefore no budget or actuals are reflected. 2) Funds available were allocated for Traffic Signal at Meadows and La Serena. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Development Impact Fund For the Three Months Ended September 30, 2004 Revenues: Open Space Investment interest Quimby Street improvements Traffic signals Parks Corporate facilities Fire protection Library Public Art Police Total Revenues Expenditures: Operating transfers out Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2004 Ending Fund Balance, September 30, 2004 Annual Amended YTD Total Percent Budget Activity Activity of Budget $ 409,174 $ 85,394 $ 85,394 21 % 61,098 61,098 350,805 10,620 10,620 3% 1,401,558 40,218 40,218 3% 228,924 251 251 0% 1,056,676 29,664 29,664 3% 420,653 73,063 73,063 17% 268,587 26,774 26,774 10% 500,674 86,291 86,281 17% 50,000 6,700 6,700 13% 130,497 1,699 1,699 1% 4,817,548 421,762 421,762 9% (1) 19,005,794 2,257,199 2,257,199 12% (2) (14,188,246) (1,835,437) 14,624, 807 14, 624, 807 $ 436,561 $ 12,789,370 Notes: 1) The variance in revenues is due to timing of developers pulling permits for new homes. 2) The variance is due to Capital Improvement Projects funded with DIF that have started but not yet completed during this quarter. 7 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Community Development Block Grant For the Three Months Ended September 30, 2004 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Grant revenue $ 1,698,930 4,244 4,244 0% (1) Total Revenues 1,698,930 4,244 4,244 0% Expenditures: Other outside services 58,000 4,244 4,244 7% Operating transfers out 1,640,900 (1) Total Expenditures 1,698,900 4,244 4,244 0% Revenues Over/(Under) Expenditures 30 Beginning Fund Balance, July 1, 2004 Ending Fund Balance, September 30, 2004 $ 30 Notes: 1) The CIP projects funding with this fund for the Temecula Community Center Expansion, Pujol Street Lighting, Sam Hicks Monument Park Playground have not yet started. 0 A City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 2766 Fund For the Three Months Ended September 30, 2004 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: AB 2766 $ 90,000 (1) Investment interest $ 625 $ 625 Total Revenues- 90,000 625 625 1% Expenditures: Operating transfers out 200,049 (2) Revenues Over/(Under) Expenditures (110,049) 625 Beginning Fund Balance, July 1, 2004 163,607 163,607 Ending Fund Balance, September 30, 2004 $ 53,558 $ 164,232 Notes: 1) AB 2766 revenues are scheduled to received in December of this fiscal year. 2) The Temecula Park and Ride CIP project budgeted from this fund has not yet been started. I City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 3229 COPS For the Three Months Ended September 30, 2004 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: AB 3229 - COPS $ 100,000 Investment interest 1,000 Total Revenues 101,000 Expenditures: Operating transfers out 101,000 Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2004 Ending Fund Balance, September 30, 2004 Note: 1) Revenue from State is not scheduled to be received until January of this fiscal year. (1) City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Measure "A" For the Three Months Ended September 30, 2004 Revenues: Measure "A" Investment interest Total Revenues Expenditures: Debt service - principal Debt service - interest Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2004 Annual Amended YTD Total Percent Budget Activity Activity of Budget $ 2,449,000 $ 719,515 $ 719,515 29% 17,549 17,549 2,449,000 737,064 737,064 30% 451,585 112,496 112,496 25% 114,950 29,156 29,156 25% 5,470,424 6,036,959 141,652 141,652 2% (3,587,959) 595,413 4,334,968 4,334,968 Ending Fund Balance, September 30, 2004 $ 747,009 $ 4,930,380 Notes: (1) The Rancho CA Widening Old Town Front Street, Jefferson Pavement Rehab and Pavement Rehab CIP projects have started but funds have not been transferred for this quarter . (1) 11 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Three Months Ended September 30, 2004 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Operating transfers in $ 51,783,709 $ 9,826,297 $ 9,826,297 19% Grants 10,589,615 Reimbursements 7,318,659 2,414,367 2,414,367 33% Reimbursements- TUMF 7,208,990 Reimbursements- AD 8,263,204 Reimbursements- CFD'S 20,825,000 Reimbursements-TASIN 1,804,049 1,804,049 Investment interest 15,738 15,738 Total Revenues 105,988,177 14,060,451 14,060,451 13% (1) Expenditures: Murrieta Creek Bridge/Overland Ext 165-602 381,783 36,050 $ 345,027 381,077 100% (2) Pauba Rd Improvements B 165-606 2,017,045 4,061 10,000 14,061 1% Intersection Monitoring System 165-607 155,000 5,833 5,833 4% Winchester Rd Widening 165-608 2,159,639 253,487 1.842,966 2,096,453 97% (2) Rancho Ca Rd Wide/Ynez Rd 165-611 250,678 122,613 128,064 250,678 100% (2) Guardrail lnstallation/RainbowCanyon 165-619 327,263 8,550 4,331 12,880 4% Jefferson Pavement Rehabilitation 165-621 2,973,973 258,605 2,078,715 2,337,320 79% (2) Medians Citywide 165-622 189,952 Rancho Ca Wide Old Town Front 165-624 1,106,907 8,386 69,264 77,650 7% 79 South Medians 165-625 3,319,029 5,257 78,594 83,851 3% Bus Bench Upgrades 165-629 236,525 1,094 1,094 0% Pala Road bridge 165-631 36,315 1,633 34,682 36,315 100% (2) Diaz Realignment Vincent Moraga 165-632 1,132,642 490,896 232,918 723,814 64% (2) Pavement Rehabilitation 165-655 1,295,460 8,102 600,000 608,102 47% (2) I15/79S Interchange- Ultimate 165-662 2,589,136 41,339 41,339 2% Pechanga Parkway Improvements 165-668 15,568,577 3,365,477 5,001,490 8,366,967 54% (2) Flashing Beacons 165-670 20,000 Diaz Road Extension at Cherry St 165-684 137,362 9,249 105,709 114,958 84% (2) Rancho Ca Bridge/Murrieta Greek 165-710 1,435,241 308,292 1,125,514 1,433,806 100% (2) Traffic Signal Equipment Installation 165-712 344,986 Localized Storm Drain Improvements 165-715 179,968 1,761 1,761 1% French Valley Parkway S.B.Offramp 165-719 3,367,716 2,237 266,222 268,459 8% Bridge Barrier Rail Replacement 165-722 245,866 1,513 20,666 22,179 9% Butterfield Stage Rd Extension 165-723 20,825,000 French Valley Parkway I15Offramp 165-726 7,999,916 11,781 452,893 464,674 6% Fire Station Wolf Creek 165-733 2,887,707 53,905 53,905 2% 79S Sidewalk/Landscape 165-734 284,738 158,861 31,618 190,478 67% (2) Murrieta Creek Improvements 165-735 150,000 Maintenance Facility Expansion 165-742 3,613,212 75,583 532,538 608,121 17% Main St Bridge/Murriet Creek 165-743 4,599,848 25,613 254,779 280,392 6% Signals - Meadows @ La Serena 165-744 225,013 3,697 212,084 215,781 96% (2) Signals- Meadows @ Rancho Vista 165-745 165,204 172 150,448 150,619 91%r, (2) Long Canyon Detention Basin 165-746 89,901 1,744 5,720 7,464 8% Temecula Park & Ride 165-747 131,000 Pauba Rd. Imp E. Margarita 165-748 130,000 Santiago Rd. Improvements 165-749 700,000 Rancho Vista @ Avenida De La Reiana 165-750 110,000 Old Town Properties Master Plan 165-751 250,000 Rancho Ca. Wide I-15 E. Ynez 165-752 341,800 Murrieta Creek Multi -Purpose Trail 190-142 1,310,279 3,579 142,900 146,479 11 % Children's Museum 190-165 135,811 61,915 7.240 69,155 51% (2) 12 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Three Months Ended September 30, 2004 Annual Amended YTD Total Percent Budget Activity Eneumbr. Activity of Budget Community Theater 190-167 7,353,373 1,203,160 5,892,056 7,095,216 96% (2) Sports Complex 190-173 16,957,108 45,584 193,290 238,874 1% Play Structure Retrofit 190-179 60,000 Pablo Apis Park Add Amenities 190-182 385,923 219,942 153,723 373,666 97% (2) Multi -Trails System Citywide 190-185 77,008 14,636 14,636 19% Old Town Gymnasium 190-186 1,857,888 Vail Ranch Middle School Basketball 190-188 159,438 4,425 6,341 10,766 7% Veteran's Memorial Phase I 190-189 394,666 40,683 268,759 309,443 78% (2) Community Dog Park 190-190 67,500 Kent Hindergardt Memorial Park 190-191 25,000 Loma Linda Play Structure Surface 190-192 150,000 Nakayama Garden & Tree Lighting 190-193 170,000 10,896 13,455 24,351 14% Rancho Ca Sports Park NIS Fields 190-194 102,000 Roripaugh Rancho Open Space Trails 190-195 30,000 28,741 28,741 96% (2) Skate Park Drainage Improvements 190-196 130,000 TCC Expansion 190-197 55,000 Library 199-129 6,132,813 41,153 164,789 205,942 3% Old Town District Acquisition 199-130 7,552 5,736 1,818 7,553 100% (2) Total Expenditures (Excluding Transfers) 117,535,761 6,863,594 20,511,258 27,374,853 23% Revenues Over/(Under) Expenditures (11,547,584) 7,196,857 Beginning Fund Balance, July 1, 2004 16,088,962 16,088,962 Ending Fund Balance, September 30, 2004 $ 4,541,378 $ 23,285,819 Notes: 1) The variances in CIP Fund revenues and in projected expenditures are due to the timing of when the various projects are actually started and costs are incurred. 2) The variances are due to encumbrances that are recorded for the entire fiscal year. 13 Internal Service Funds Combining Balance Sheet As of September 30, 2004 Assets: Cash and investments Receivables Prepaid assets Property, plant and equipment (net of accumulated depreciation) Insurance Vehicles Fund Fund $ 1,536,292 $ 164,457 $ 5,863 295 87,138 Information Support Systems Services Facilities Fund Fund Fund Total 929,651 $ 244,094 $ 6,792 1,957 1,385,641 369,055 44,775 170,503 $ 3,044,997 2,389 17,286 87,138 1,799,472 Total assets $ 1,629,293 $ 1,550,393 $ 1,305,489 $ 290,826 $ 172,892 $ 4,948,894 Liabilities and fund equity: Liabilities: Current liabilities $ 353,874 $ 436,000 $ 72,761 $ 16,437 $ 23,942 $ 903,013 Capital leases payable 66,323 66,323 Total liabilities 353,874 436,000 72,761 82,760 23,942 969336 Fund equity: Contributed capital Retained earnings 1,275,420 1,114,393 1,232,728 208,066 148,950 3,979,557 Total fund equity 1,275,420 1,114,393 1,232,728 208,066 148,950 3,979,557 Total liabilities and fund equity $ 1,629,293 $ 1,550,393 $ 1,305,489 $ 290,826 $ 172,892 $ 4,948,894 Please note that these balances are unaudited. 14 City of Temecula Statement of Revenues, Expenses and Changes in Retained Earnings Internal Service Funds For the Three Months Ended September 30, 2004 Revenues: Investment interest Charges for services Miscellaneous Total Revenues Expenses: Salaries & wages Operating expenses Interest Depreciation Total Expenses Revenues Over/(Under) Expenditures Retained Earnings, July 1,2004 Retained Earnings, September 30, 2004 Information Support Insurance vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total $ 5,863 $ 295 $ 3,075 $ 900 $ 454 $ 10,588 142,614 92,814 435786 68284 186081 925,579 450 19 469 148,927 93,109 438,880 69,184 186,535 936,635 10,029 195,288 27,881 66,573 299,771 132,582 181,423 20,813 120,102 454,920 (91) (91) 77,592 62,154 20,582 160,327 142,611 77,592 438,865 69,184 186,676 914,927 6,317 15,518 15 (141) 21,708 1,269,103 1,098,876 1,232,714 208,066 149,090 3,957,849 $ 1,275,420 $ 1,114,393 $ 1,232,728 $ 208,066 $ 148,950 $ 3,979,557 ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Ma er/City Council FROM: Grant s, Assistant to City Manager DATE: December 7, 2004 SUBJECT: Southwest Communities Joint Powers Authority Agreement for Animal Shelter RECOMMENDATION: That the City Council approve formation of the Southwest Communities Joint Powers Authority (JPA) agreement. BACKGROUND: Staff has been working with Animal Friends of the Valley and the Cities in Southwest Riverside County for a number of years to fund and construct an animal shelter that will meet the areas current and future needs. The result of this work is reflected in the attached Joint Powers Agreement. This agreement will allow for the Cities of Temecula, Murrieta, Lake Elsinore and Canyon Lake, along with the County, to join together to fund, construct and oversee the operations of an animal shelter that will serve the residents of our area. This agreement will allow for the creation of the JPA that will have the legal authority to raise construction funds by issuing bonds to pay for the construction of the facility. The shelter is to be located off the Interstate 15 freeway in Wildomar. The JPA, once formed, has the ability to contract with Animal Friends to operate the shelter and Animal Friends has expressed an interest in securing a long-term contract to operate the shelter. Individual animal control services in each City will be provided by contracts between each City and Animal Friends. This is currently the manner in which the City of Temecula, and each City in the JPA, handles contract for animal control services. The approval of the attached agreement allows for the Southwest Communities JPA to be legally formed. Once formed, the JPA has the legal authority to issue debt. The cost estimates for the construction of the shelter is estimated to be at nine (9) million dollars. The debt service on this amount will be spread between all of the member agencies based on their usage of the shelter. In Temecula's case, our usage is 18.98% and our share of the debt service will be based on that number, which will be updated annually. Membership to the JPA will include the Cities previously mentioned and the County of Riverside. Each agency will have one elected official represented on the JPA and each agency will have one vote. Previously, the City Council had appointed Mayor Mike Naggar to serve as the City's liaison to Animal Friends. Mayor Naggar has agreed to serve on the JPA Board for the upcoming year. In addition to the elected representative on the JPA Board, the JPA will establish an Executive Management Committee that will provide management oversight to the shelter operator. QAYATESMREPORTS\SWff report-Animsl Freinds JPA.dw FISCAL IMPACT: There is no direct fiscal impact for approving this agreement. Once the JPA is formed and debt is issued, then the City will be financially responsible for debt repayment. Attachment 2 provides a cost breakdown for all agencies that will be participating in the JPA. These increased costs will come into existence later in the process after the bonds have been issued and construction has begun. It is anticipated that this will happen in the next fiscal year. Finally, these increased costs have been factored into the City's five-year budget projections. ATTACHMENTS: 1. Executive Summary 2. Estimated Annual Costs 3. Joint Powers Agreement QAYATESG\REPORTS\SWff repW-Animal Fremds JPA.dX EXECUTIVE SUMMARY Southwest Communities Joint Powers Authority (Animal Shelter) Purpose of the JPA The primary purpose of the Joint Powers Authority (JPA) is to construct a 30,000 square foot animal shelter serving the southwestern communities of the county. Construction cost is estimated at $9 million by Animal Friends of the Valleys (AFV). Neither the County nor the Cities have had an independent architect review the plans and cost estimates. In addition, the JPA will contract for the operation of the shelter. Termination of the JPA The JPA Agreement (the "Agreement," attached as Exhibit A) allows any member agency to terminate their participation in the JPA with sixty (60) days notice, if the JPA has incurred no obligations. If the JPA has incurred any obligation, including indebtedness and/or property, then a member agency must give twelve (12) months notice. If a member agency elects to terminate their participation in the JPA after the JPA has incurred an obligation then, pursuant to the Agreement, the member agency must pay (1) their portion of the outstanding bonds, based on their then current percentage of animals sheltered, for any indebtedness incurred; (2) any unpaid portion of their administrative costs of the JPA and; (3) any unpaid portion of their share of the operating costs of the shelter. Board Membership The JPA members will include the cities of Canyon Lake, Lake Elsinore, Murrieta and Temecula, and the County of Riverside. The JPA Board of Directors (the "Board") will include one elected official (City Council/Board of Supervisors) from each member agency. In the event of an incorporation within the JPA boundaries, the newly formed city may join the JPA as a member agency, subject to all the provisions in the Agreement. Fiscal Obligations Repayment of Debt Repayment of the debt will be allocated to each member agency based on each agency's percentage of animals sheltered. The percentage will be calculated on an annual basis each January based on usage information received for the preceding calendar year. The percentage will be used to allocate annual debt repayment for each member agency's upcoming fiscal year operating budget (percentage provided in January for July budget adaptation). Exhibit B contains the financing schedules assuming a $9 million construction cost financed for 30 years at a 6% interest rate. Administrative Costs Expenses of the JPA, which will include bond -related expenses, Board member stipends and expenses, administrative fees, legal fees, etc., will be allocated equally to each member agency. -1- EXECUTIVE SUMMARY Southwest Communities Joint Powers Authority (Animal Shelter) Operation of Animal Shelter Operating costs will be allocated to each member agency based on each agency's percentage of animals sheltered. The percentage would be calculated on an annual basis in January based on usage information received for the preceding calendar year. The percentage will be used to allocate operating costs for each member agency's upcoming fiscal year operating budget. Animal Friends of the Valleys has expressed an interest in operating the Shelter on a long-term basis. Therefore, if approved by the JPA, AFV would operate the Shelter through a contract with the JPA. The contract would only include shelter operations; field services would continue to be contracted separately by the member agencies directly with AFV. Annexations/Incorporations Annexation of any area by any member agency will result in that member assuming fiscal responsibility for the area annexed. The additional annexation will result in a re -calculation of the percentages used for cost allocation. In the event of an incorporation within the boundaries of the JPA, the County reserves the right to contract with the newly formed city if the city does not join the JPA. Member Agency Withdrawing from JPA Any member agency wishing to terminate their participation in the JPA, pursuant to the Agreement, will pay (1) their portion of the outstanding bonds, based on their then current percentage of animals sheltered, if any indebtedness has occurred; (2) any unpaid portion of their administrative costs of the JPA and; (3) any unpaid portion of their share of the operating costs of the shelter. Officers of the JPA Since the County has staff dedicated to providing day-to-day administration of its public benefit corporations and JPAs, County staff will serve as staff to the JPA. The County Treasurer and Controller will act as the JPA's treasurer and controller respectively. The Agreement does allow for any member agency's staff to serve as staff to the JPA. Allocation of Costs Exhibit C contains the allocation table for each member agency provided by AFV and the allocation of the debt repayment and operational costs. Executive Management Committee In addition to JPA administration, an Executive Management Committee, comprised of city and county staff, will be formed to provide oversight. This oversight will include, but not limited to, debt issuance, contract negotiations and financial reporting. -2- a a m a N d E_ •C a d C 7 E E ow U y y O d U t � � C O C U N v V = N N m COL E 0 wa`w V O 00 N V GO 0) r- co (o � n IR Ui co W� . ++ Cl) 00 V M N 0 to Cl) V V 00 Fd U y ocovmol00 0) Cl) n (O to co m m O (O r-:vr-:o6 n Lo 04 It LO V 603. o 0 0 0 0 — 0) CR-IC M� 'U) C N O) O O U Q = 6s d co m r- A w nNrncOn OQ " �N(ON 00 ,YO a O M N N 7 � U (A d Y r Y C N C C ¢ �E v Y a d O d 7 C C Z, vvvv �t-LO r�Nncn N m N 0 0 o 0 GO co 00 co LO (O O 0) M co n co N � ' N 0 a JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF CANYON LAKE; THE CITY OF LAKE ELSINORE; THE CITY OF MURRIETA; AND THE CITY OF TEMECULA; CREATING THE SOUTHWEST COMMUNITIES FINANCING AUTHORITY (Animal Shelter) This Joint Powers Agreement, dated for convenience as of November 30, 2004, by and between the County of Riverside (hereafter referred to as "COUNTY"), and the City of Canyon Lake ("Canyon Lake"); City of Lake Elsinore ("Lake Elsinore"); City of Murrieta ("Murrieta"); and City of Temecula ("Temecula"), collectively the "Cities" each body being a body corporate and politic of the State of California, or public entities or agencies of the State of California; RECITALS: WHEREAS, COUNTY and Canyon Lake; Lake Elsinore; Murrieta; and Temecula have mutual interests in joining together to develop within the geographic area common to all parties, a plan or program to construct and operate an animal shelter located within the geographic boundaries as attached hereto in Attachment A, in compliance with State laws and regulations; and WHEREAS, it is the interest and desire of the parties to enter into a Joint Powers Agreement to establish SCFA as a public entity, separate and apart from the parties hereto, as hereinafter described and set forth, which entity shall then set about the task of accomplishing the purpose of this Joint Powers Agreement in a manner most capable of promoting the greatest public good and welfare; and WHEREAS, the parties hereto are each empowered by law to provide for the animal shelter needs to eligible residents of each entities either directly, or by contract or similar arrangement; NOW, THEREFORE, in consideration of the above recitals, of the mutual promises and agreements herein contained and for other valuable consideration, the parties hereto agree as follows: SECTION 1. PURPOSE This Joint Powers Agreement (hereinafter referred to as "Agreement') is made pursuant to the provisions of Article 1, Chapter 5, Division 7 of Title 1 (commencing with Section 6500) of the Government Code of the State of California, (hereinafter referred to as the "Act') for the express purpose of constructing, and housing animals, also know as operating an animal shelter, to serve residents of the parties hereof. It is the intent of this Agreement that none of the decisions regarding field service boundaries or levels of service for animal control for each of the member entities shall be affected by the creation of this JPA, or by membership in this JPA. The purpose of this Agreement shall be accomplished and the common powers of the parties hereto exercised in the manner hereinafter set forth. SECTION 2. CREATION OF AUTHORITY Pursuant to the Act, there is hereby created a public entity to be known as the Southwest Communities Financing Authority ("SCFA"). SCFA shall be a public entity, separate and apart from the parties hereto, and as provided by law and not otherwise prohibited by this Agreement, shall be empowered to take such actions as may be necessary or desirable to implement and carry out the purpose of this Agreement. SECTION 3. TERM This Agreement shall become effective as of the date hereof and shall continue in full force and effect until terminated as provided in Section 4. below. SECTION 4. TERMINATION AND AMENDMENTS (a) The parties hereto may amend this Agreement by mutual written consent. (b) The parties hereto may terminate their participation in the Joint Powers Authority, and this Agreement as provided herein. (c) If SCFA has incurred no obligations each party may terminate this Agreement by giving not less than sixty (60) days written notice thereof to the all other parties. (d) If SCFA has acquired any indebtedness, fiscal obligation, and/or any property, each party hereto may terminate this Agreement by giving twelve (12) months written notice thereof to all other parties subject to the provisions of Sections 4(e) and 4(f) herein. (e) This Agreement cannot be terminated until all forms of indebtedness, and/or fiscal obligation incurred by SCFA have been paid, or adequate provision for such payment shall have been made. (i) In the event the Agreement is terminated, any property acquired by SCFA from the effective date of this Agreement, including but not limited to money, shall be divided and distributed between the parties in proportion to the contributions made, including contributions made as provided in Section 10 below, unless otherwise required by law. SECTION 5. POWERS AND DUTIES OF SCFA SCFA shall have the powers common to the parties to this Agreement to: (a) Exercise those powers enumerated in the Act as the same as now exists or as may hereinafter [.'1AOMMO[ A (b) Do all acts necessary or convenient to the exercise of the foregoing and to accomplish the purposes of this Agreement, including but not necessarily limited to the following: (1) to make and execute all contracts, agreements, and documents including, without limitation, agreements with any of the parties to this Agreement, other local governments, agencies or departments, the State of California, the United States of America, or agencies thereof, or any entity, person or corporation of any kind or nature whatever; improvements; (2) to employ agents, servants and employees; (3) to acquire, hold and dispose of property, both real and personal; (4) to acquire, construct, maintain, manage, operate and lease buildings, works and (5) to accept gifts; (6) to sue and be sued in its own name; (7) to apply for and receive any available federal, State and/or local grants; (8) to employ legal counsel; (9) to employ consultants; (10) to adopt a budget; (11) to incur debts, liabilities and obligations; (12) to establish a treasury for the deposit and disbursement of funds and monies, according to the policies and procedures set forth in this Agreement; (13) to invest any money held in the treasury that is not required for immediate necessities of SCFA, as SCFA determines is advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 52601 of the Government Code. (14) to issue bonds and other evidences of indebtedness for the construction of an animal shelter, and the consent of the Governing Board of each member to participation in this Joint Powers Authority shall be deemed consent for the issuance of bonds by SCFA, as required under Government Code section 6500 et seq. 4 The listing of the above acts is not intended to indicate any priority of one act over another. Nor is such listing intended to be inclusive, and other acts may be done in the accomplishment of the purposes of this Agreement as are authorized. One or several acts may take place concurrently or in sequence. SECTION 6. CREATION OF THE BOARD OF DIRECTORS (a) Creation of the Board of Directors. In order to effectuate the purposes of this Agreement as set forth herein, SCFA shall be governed by a Board of Directors (hereinafter called the `Board"), and all of the powers of SCFA shall be exercised by the Board. (b) Membership. The Board shall be composed of the following members: (1) One (1) member of the Board of Supervisors of Riverside County; (2) One (1) member of the City Council of the City of Canyon Lake; (3) One (1) member of the City Council of the City of Lake Elsinore; (4) One (1) member of the City Council of the City of Murrieta; (5) One (1) member of the City Council of the City of Temecula. (c) Designation of Members. Members shall serve on the Board during the term for which they are a member of the Board of Supervisors, or a member of the City Council from which they are appointed. A member's position on the Board shall automatically terminate if the term of the elected public office of such member is terminated. (d) Reimbursement. The Board may provide for reimbursement of reasonable expenses incurred in connection with a member's service on the Board. (e) Quorum and Transaction of Business. Three (3) members of the Board shall constitute a quorum. A vote of three (3) of the members present shall be required to take action, except for adjournment of a meeting which shall require only a majority of those present. No proxy or absentee voting shall be permitted. (f) Meetings. The Board shall establish the time and place for its regular and special meetings. The dates, hour and location of regular meetings shall be fixed by formal action of the Board. The Board shall hold at least one (1) regular meeting every calendar year. Special meetings and adjourned meetings may be held as required or permitted by applicable law. (g) Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular, special and adjourned meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code). (h) Rules. The Board may adopt, from time to time, such rules and regulations for the conduct of its meetings and activities as it may deem necessary. In the absence of specific rules for SCFA meetings, the rules of the Board of Supervisors shall be applicable for the conduct of meetings of SCFA. SECTION 7. FISCAL OBLIGATIONS OF THE MEMBERS It is the intent of the members of SCFA that the following fiscal obligations shall be agreed upon for all members: (a) Debt repayment of any bonds issued by SCFA — shall be paid by each member based on the percentage of animals housed at the facility, on an annual basis. (b) Administration costs of the SCFA — includes, but not limited to the following items: stipends, legal fees, audit, costs, administrative fee, mileage reimbursement — shall be borne equally by all members of SCFA. (c) Operation of animal shelter — shall be paid by each member based on the percentage of animals housed at the facility, on an annual basis. (d) Determination of the percentages for sub -sections (a) and (c) shall be made on an annual basis in January based on the usage information received for the preceding calendar year. The percentages shall be designated for calculation starting July Pt of that same calendar year. (e) Annexations of any area by any member shall result in that member assuming fiscal responsibility for the area annexed. The additional annexation shall result in a re -calculation of percentages of (a) and (c). (f) Incorporation of any geographic area served by SCFA, and in the event of the new city not joining as a member in SCFA, COUNTY shall reserve the ability to contract directly with the new city for animal services. (g) Any member agency withdrawing from SCFA agrees to payment of the current percentage of the following: (i) After the issuance of bonds, the member agency agrees to payment of the member agency's current percentage of the amount of the outstanding bonds. (ii) Any unpaid portion of the administrative costs of SCFA, calculated up to the effective date of termination of participation in SCFA of the member agency. (iii) Any unpaid portion of the operation costs of the animal shelter, calculated up to the effective date of termination of participation in SCFA of the member agency. SECTION 8. OFFICERS AND EMPLOYEES (a) Chairperson and Vice Chairperson. The Board may select a chairperson and a vice chairperson from among its members at its first meeting, and annually thereafter. The term of the Chairperson and Vice Chairperson, when selected in this manner, shall be for one (1) year. In the event that the Chairperson or Vice Chairperson so elected resigned from such office or ceases to be a member of the Board, the resulting vacancy shall be filled at the next regular meeting of the Board. In the absence or inability of the Chairperson to act, the Vice Chairperson shall act as Chairperson. The Chairperson, or in the Chairperson's absence, the Vice Chairperson, shall preside at and conduct all meetings of the Board. (b) Treasurer. The Treasurer of the County of Riverside shall be and shall act as the Treasurer of SCFA. The Treasurer shall have the custody of SCFA's money and disburse SCFA funds pursuant to the accounting procedures of the County of Riverside. The Treasurer shall assume the duties described in Section 6505.5 of the Government Code, namely: receive and receipt for all money of SCFA (with the exception of any bond proceeds which shall be deposited with the Trustee bank) and place it in the Treasury of the Treasurer to the credit of SCFA; be responsible upon an official bond as prescribed by the Board for the safekeeping and disbursement of all Agency money so held; pay, when due, out of money of SCFA so held, all sums payable, only upon warrants of the officer performing the functions of the Controller who has been designated by SCFA or the Board; verify and report in writing in conjunction with the annual audit of SCFA and to the parties to this Agreement the amount of money held for SCFA, the amount of receipts since the last report, and the amount paid out since the last report; and perform such other duties as are set forth in this Agreement or specified by the Board. Any and all funds of the SCFA shall not be commingled with any other funds held by the Treasurer. (c) Controller. The Auditor/Controller of the County of Riverside shall be the Controller of SCFA. The Controller shall draw warrants to pay demands against SCFA when such demands have been approved by the Board or by any other person authorized to so approve such by this Agreement or by resolution of the Board. The Controller shall perform such duties as are set forth in this Agreement and such other duties as are specified by the Board. There shall be strict accountability of all funds and reporting of all receipts and disbursements. The Controller shall establish and maintain such procedures, funds and accounts as may be required by sound accounting practices. The books and records of SCFA in the hands of the Controller shall be open to inspection at all reasonable times by representatives of the parties to this Agreement. (d) Program Administrator. The Executive Officer for the County of Riverside, or designee, shall be the Program Administrator for SCFA. The Program Administrator, or designee, shall direct the day-to-day operation of SCFA. The Program Administrator shall serve subject to the Board's policies, rules, regulations and instructions, and shall have the powers described in this Agreement and those delegated and assigned by the Board, including, without limitation: (1) to appoint, remove and transfer employees of SCFA, including management level officers, subject to the conditions of employment of these individuals as employees of SCFA, except for the Treasurer, Controller and Attorney of SCFA and such others as the Board may designate; (2) to enforce all orders, rules and regulations adopted by the Board relating to the regulation, operation, or control of funds, facilities, properties and apparatus of SCFA; (3) to authorize expenditures whenever the Board shall have approved and authorized any work, improvement or task and shall have budgeted or appropriated the necessary money therefore; (4) to have custody of and accountability for all property of SCFA except money. (5) The Program Administrator, with the approval of the Board, shall contract with an independent certified public accountant or firm or certified public accountants to make an annual audit of the accounts and records of SCFA, and a complete written report of such audit shall be filed as public records annually, within six (6) months of the end of the fiscal year under examination, with each of the parties to this Agreement. Such annual audit and written report shall comply with the requirements of Section 6505 of the Government code. The cost of the annual audit, including contracts with, or employment of such independent certified public accountants in making an audit pursuant to this 0 Agreement shall be a charge against funds of SCFA available for such purpose. The Board, by unanimous vote, may replace the annual audit with a special audit covering a two-year period. (e) Consultants. Subject to the availability of funds, the Board may employ such consultants, advisors and independent contractors as are deemed necessary and desirable in implementing and carrying out the purposes of this Agreement. (f) Attorney for SCFA. The offices of the Riverside County Counsel, or counsel as retained directly by SCFA shall be the attorneys for SCFA. The Board may employ by contract or otherwise, specialty counsel. SECTION 9. EXECUTIVE MANAGEMENT COMMITTEE There shall be an Executive Management Committee established consisting of the County Executive Officer, or designee of COUNTY, and City Managers, or designees of CANYON LAKE, LAKE ELSINORE, MURRIETA, TEMECULA and any other member city who may join SCFA. The Executive Management Committee shall meet as necessary to review the operations and business of SCFA. SECTION 10. Officers and employees of the parties (excepting members of the Board) designated in this Agreement to provide services for SCFA shall be reimbursed by SCFA for their actual costs of providing such services. hi addition, additional services provided by officers and employees of the parties pursuant to contracts with SCFA shall be reimbursed as provided by the contracts. All reimbursements by SCFA shall be made after receiving an itemized billing for services rendered. 10 SECTION 11. FISCAL YEAR The fiscal year of SCFA shall be the period commencing July 1 of each year and ending on and including the following June 30. SECTION 12. CONTRIBUTIONS BY THE PARTIES The parties to this Agreement may provide contributions in the form of public funds and/or in - kind services, equipment, furnishings, office space and other kinds of property which may be reasonably necessary for SCFA to accomplish the purposes of this Agreement. SECTION 13. EMPLOYEES OF SCFA (a) Riverside County Employees There shall be no individuals directly employed by SCFA. "Employees" for the purposes of indemnification and defense provisions herein shall be shall mean all persons employed by Riverside County, or any member agency, and assigned to duties for SCFA. (b) Indemnification and Defense of Employees (1) With respect to any civil claim or action against any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly occupied such position, for an injury arising out of an act or omission occurring within the scope of such person's duties, SCFA shall indemnify, hold harmless and defend such person to the full extent permitted or required under applicable sections of the California Government Code. 11 (2) Nothing herein shall be construed to require SCFA to indemnify and hold harmless any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly occupied such position, if SCFA has elected to conduct the defense of such person(s) pursuant to an agreement reserving SCFA's rights not to pay a judgment, compromise or settlement until it is established that the injury arose out of an act or omission occurring within the scope of his or her duties with SCFA. (3) Nothing herein shall be construed to require the SCFA to indemnify, or to provide a defense for any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly occupied such position where the individual has acted in an illegal, willful or intentionally negligent manner giving rise to the claim, or litigation. (4) The following definitions shall apply to SCFA: (i) "Directors" shall include the following: Members of the Governing Board of Directors of SCFA, and the Program Administrator. (ii) "Officers" shall include all individuals who are defined in "Directors" herein, the Treasurer, Controller, and Attomey(s) for SCFA as defined herein. (iii) "Employees" shall mean all persons employed by Riverside County, and assigned to duties for SCFA. (iv) "Committee Members" shall mean all persons appointed by the Governing Board to any advisory committee or committees of SCFA, all persons appointed by the Program Administrator to any advisory committee or committees of SCFA. SECTION 14. LIABILITIES SCFA shall account separately for all funds collected or disbursed for each party to this Agreement. It is the intent of the parties, to the extent permitted by law, that the liabilities of each party 12 for the animal shelter services provided to that party's members shall not become a liability of any other party to this Agreement. The debts, liabilities and obligations of SCFA shall be the debts, liabilities and obligations of SCFA alone, and not of the parties to this Agreement. SCFA shall indemnify, defend and hold harmless each party to this Agreement from and against any and all liabilities, debts, claims, demands or costs (including but not limited to attorney's fees) arising, or alleged to arise as a result of SCFA's operation or failure to operate. SECTION 15. NOTICES Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or upon deposit into the U.S. Mail, first class, postage prepaid to: RIVERSIDE COUNTY Executive Office County Administrative Center 4080 Lemon Street, 4`h Floor Riverside, CA 92501 Attn: Deputy County Executive Officer - Finance CITY OF CANYON LAKE 31516 Railroad Canyon Road Canyon Lake, CA 92587 Attn: City Manager CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 Attn: City Manager 13 CITY OF MURRIETA 26442 Beckman Court Murrieta, CA 92562 Attn: City Manager CITY OF TEMECULA 43200 Business Park Drive P.O. box. 9033 Temecula, CA 92589 Attn: City Manager SECTION 16. OTHER AGREEMENTS NOT PROHIBITED Other agreements by and between the parties to this Agreement or any other entity are neither prohibited nor modified in any manner by execution of this Agreement. SECTION 17. SEVERABILITY If any section, clause or phrase of this Agreement or the application thereof to any party or any other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it shall be deemed severable and the remainder of this Agreement or the application of such provision to the other party or other persons or circumstances shall not be affected thereby. 14 SECTION 18. NONASSIGNABILITY The rights, Titles and interests of any party to this Agreement shall not be assignable or transferable without the written consent of the Board of Supervisors for Riverside County, and the Governing Board of any of the other parties to this Agreement. SECTION 19. MISCELLANEOUS (a) Section Headings. The section headings herein are for convenience of the parties only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement. (b) Laws of California. This Agreement is made in the State of California, under the Constitution and laws of such State, and shall be construed and enforced in accordance with the laws of the State of California. (c) Construction of Language. It is the intention of the parties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. (d) Cooperation. The parties to this Agreement recognize the necessity and hereby agree to cooperate with each other in carrying out the purposes of this Agreement including cooperation in manners relating to the public, accounting, litigation, public relations and the like. (e) Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. 15 (f) Publication Rights. Each party to this Agreement shall have the right to duplicate, at its own expense, any and all documents and reports created or acquired, in the joint exercise of powers hereunder by the Board or by any other party hereto pursuant to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested to by their proper officers thereunto duly authorized as of the date first above written. COUNTY OF RIVERSIDE IC Chair, Board of Supervisors ATTEST: Nancy Romero, Clerk of the Board 0 Deputy [Seal] CITY OF CANYON LAKE Mayor, City Council Dated: Dated: Approved as to form and content: William C. Katzenstein, County Counsel Lo Dated: Deputy County Counsel 16 ATTEST: By: Deputy [Seal] CITY OF LAKE ELSINORE By: Mayor, City Council ATTEST: By: Deputy [Seal] CITY OF MURRIETA 0 Mayor, City Council Dated: Approved as to form and content: City Attorney Dated: Dated: Approved as to form and content: City Attorney Dated: 17 ATTEST: By: Deputy [Seal] CITY OF TEMECULA By: Mayor, City Council ATTEST: By: Deputy [Seal] Dated: Approved as to form and content: City Attorney Dated: Dated: Approved as to form and content: City Attorney 19 ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINAI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: ity Manager/City Council FROM: /� J .am G. Hughes, Director of Public Works/City Engineer DATE: December 7, 2004 SUBJECT: PW04-08 1-15/SR79S Ultimate Interchange (PR) — Design Cooperative Agreement with the State of California Department of Transportation PREPARED BY: g/ Amer Attar, Principal Engineer ,*Avlin R. Odviar, Assistant Engineer RECOMMENDATION: That the City Council: RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DESIGN COOPERATIVE AGREEMENT, NO. 08-1249, BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR THE DESIGN OF A MODIFICATION TO THE INTERCHANGE ON INTERSTATE 15 AT STATE ROUTE 79 SOUTH BACKGROUND: The constant backup of vehicles on Interstate 15 at State Route 79 South has become a primary concern for officials from the City of Temecula, County of Riverside, and Caltrans. As a result, these agencies have been exploring ways to modify the interchange on Interstate 15 at State Route 79 South. The City's consultant, RBF Consulting, has completed the Project Study Report (PSR) for the construction of a button hook ramp configuration to replace the compact diamond alignment of the Interstate 15 southbound ramps. The preliminary design includes construction of bridge adjacent to the existing Interstate 15 overpass, roadway and ramp widening, and signalized intersections. This PSR was approved by Caltrans on April 16, 2004. Identified as the 1-1 Ultimate Interchange,' the project will address congestion on the freeway and local roads. The project is compatible with the Circulation Element of the City General Plan, as well as Caltrans' Interstate 15 Transportation Concept Report. The project represents a multi -jurisdictional surface transportation improvement thatwill service interstate, regional, and local transportation needs. R:WGENDA REPORTS\2004\120704\%N0448 Design Coop Agn - Caltrans.dm The Design Cooperative Agreement (No. 08-1249) establishes the commitments, responsibilities, terms, and conditions in the design and funding of the project. The agreement lists major Planning and Design Phase activities and designates the responsible agency. Activities include Environmental Analysis and Document Preparation, Project Geometrics Development, Project Approval, Preliminary Coordination, Right of Way Acquisition & Utilities, and Preparation of Plans, Specifications, and Estimates. In summary, the City will be responsible for project development including the preparation of all reports, studies, and contract documents. The State Department of Transportation will be responsible for project development oversight including the review, monitoring, and approval of all reports, studies, and contract documents. Each agency will provide staffing and resources for its respective responsibilities. Currently, City staff is in negotiations with a private consultant to finalize the terms of a design contract. The contract will cover all activities necessary to prepare the Project Report and Environmental Documents for the project, which corresponds to all of the Planning Phase activities and a portion of the Design Phase activities listed in the cooperative agreement. aMly-1lMILr,IJ_TQ9 No fiscal impact is anticipated from approving Design Cooperative Agreement No. 08-1249. Attachments: 1. Resolution 2004- 2. Design Cooperative Agreement No. 08-1249 (3 originals) 3. Project Location 4. Project Description R?AGENDA REPORTS@004\120704\PW 04-08 Design Coop AgM - CaltnansA« RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DESIGN COOPERATIVE AGREEMENT, NO. 08-1249, BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR THE DESIGN OF A MODIFICATION TO THE INTERCHANGE ON INTERSTATE 15 AT STATE ROUTE 79 SOUTH The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, this Design Cooperative Agreement No. 08-1249 establishes the general conditions, methods, and procedures of the design, responsibilities of each agency, and mutually agreed upon matters. follows: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula, as Section 1. That the City Council approve and authorize the Mayor to sign Design Cooperative Agreement No. 08-1249 between the State of California Department of Transportation and the City of Temecula. Section 2. Authorize the Mayor to execute said Agreement. Section 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 7th day of December 2004. ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor RAAGENDA REPORTS\ 04\120704\PW04-08 Design Coop Ag"-CaOransAm [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2004-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting therefore held on the 7`h day of December, 2004 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:\AGENDA REPORTS\2004\120704\PW04- 8 Design Coop Agmt- Caltrans.doc 08-Riv-15 KP 5.1/6.0 (PM 3.2/3.7) Modify existing Interchange on I-15 at SR 79S 08303 - 432300 District Agreement No. 08-1249 DESIGN COOPERATIVE AGREEMENT This AGREEMENT, entered into effective on between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and , is CITY OF TEMECULA, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". RECITALS STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State high- ways within the City of Temecula, County of Riverside. CITY desires State highway improvements consisting of modifying existing interchange on I-15 at State Route 79 South, referred to herein as "PROJECT", and is willing to fund one hundred percent (100%) of all capital outlay and staffing costs, except for costs of STATE's quality assurance of environmental, design and right of way activities. STATE's funds will not be used to finance any of the capital and support costs for PROJECT. This Agreement supersedes any prior Memorandum of Understanding (MOU) relat- ing to PROJECT. Construction of PROJECT will be the subject of a separate future Agreement. The parties hereto intend to define herein the terms and conditions under which PROJECT is to be developed and financed. SECTION I OF TEMECULA AGREES: District Agreement No. 08-1249 To fund one hundred percent (100%) of all preliminary and design engineering costs, including, but not limited to, costs incurred for the preparation of contract documents, advertising for bids, and for awarding the construction contract for PROJECT. To have a Project Report (PR), including all necessary environmental documentation (ED) prepared at no cost to STATE and to submit each to STATE for STATE's review and concurrence at appropriate stages of development. The PR, and the final plans for PROJECT shall be signed by a Civil Engineer registered in the State of California. The preparation of ED and related studies and technical reports for PROJECT shall be performed in accordance with STATE's standards and practices current as of the date of said performance. 4. To permit STATE to monitor and participate in the selection of personnel who will prepare the PR, conduct environmental studies and obtain approval for PROJECT, and to permit STATE to oversee the performance of right of way activities. CITY agrees to consider any request by STATE to discontinue the services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform in accordance with the scope of work and/or other pertinent criteria. Personnel who prepare the ED and related studies and reports shall be made available to STATE, at no cost to STATE, through completion of construction of PROJECT to discuss problems which may arise during construction and/or to provide environmental compliance for any design revisions for contract change orders. 6. To not use funds from STATE for any capital and support costs for PROJECT. 7. To obtain at CITY's expense. All necessary permits and/or agreements from appropriate regulatory agencies. All mitigation, monitoring, and/or remedial action required by said permits shall constitute part of the cost of PROJECT and compliance shall be considered the responsibility of CITY. To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto the State highway right of way to perform surveying and other investigative activities required for preparation of the PR, and ED. 9. To be responsible, at CITY's expense, for the investigation of potential hazardous material sites within and outside of the existing State highway right of way that District Agreement No. 08-1249 would impact PROJECT as part of the responsibility for the ED for PROJECT. If CITY encounters hazardous material or contamination within the existing State highway right of way during said investigation, CITY shall immediately notify STATE and responsible control agencies of such discovery. 10. STATE's quality assurance activities referred to in Article I of Section II of this Agreement does not include performance of any engineering services required for PROJECT. These services are to be performed by CITY. If CITY requests STATE to perform any of these services, CITY shall reimburse STATE for such services. An Amendment to this Agreement authorizing STATE's performance of such services will be required prior to performance of any engineering work by STATE. SECTION II STATE AGREES: 1. At no cost to CITY, to provide quality assurance activities of all work on PROJECT done by CITY, including, but not limited to, investigation of potential hazardous material sites and all right of way activities undertaken by CITY or its designee, to provide prompt reviews and approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing of PROJECT. 2. Upon proper application by CITY, to issue, at no cost to CITY, an encroachment permit to CITY authorizing entry onto the State highway right of way to perform survey and other investigative activities required for preparation of the PR, and ED. If CITY uses consultants rather than its own staff to perform required work, the consultants will also be required to obtain a separate encroachment permit. These permits will be issued at no cost upon proper application by the consultants. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature to STATE for the purposes of fulfilling STATE's obligations herein. 2. The parties hereto will carry out PROJECT in accordance with the Scope of Work, attached and made a part of the Agreement, which outlines the specific responsibilities of the parties hereto. The attached Scope of Work may be modified in writing in the future to reflect changes in the responsibilities of the respective 3 District Agreement No. 08-1249 parties. Such modifications shall be concurred with by CITY's Director of Public Works or other official designated by CITY and STATE's District Director for District 08 and become a part of this Agreement after execution of the amending document by the respective officials of the parties. 3. STATE will be the CEQA Lead Agency and CITY will be a Responsible Agency for CEQA. The Federal Highway Administration (FHWA) will be Federal Lead Agency for NEPA with STATE acting as FHWA's agent for NEPA and providing oversight for the NEPA process. CITY will assess impacts of PROJECT on the environment and, if necessary, CITY will prepare the Environmental Document (ED), including the necessary associated investigative studies and technical environmental reports, in order to meet the requirements of CEQA and NEPA. CITY will submit to STATE for STATE's review, comment and approval the investigative studies and technical environmental reports. The administrative draft, draft administrative final, and final ED will require both STATE's and FHWA's review, comment and approval prior to public availability. STATE will review the technical environmental reports and request approval of the environmental technical reports and ED by FHWA. STATE and FHWA will be responsible for the public hearing process. If, during preliminary engineering, preparation of the PS&E, or PROJECT construction new information is obtained which requires the preparation of an additional NEPA and/or CEQA ED, this Agreement will be amended to include completion of these additional tasks by CITY. 4. Any hazardous material or contamination of an HM-1 category found within the existing State highway right of way prior to construction of PROJECT requiring remedy or remedial action, as defined in Division 20, Chapter 6.8 et seq. of the Health and Safety Code, shall be the responsibility of STATE, at STATE expense. For the purpose of this Agreement, hazardous material or contamination of HM-1 category is defined as that level or type of contamination which State or Federal regulatory control agencies having jurisdiction have determined must be remediated by reason of its mere discovery, regardless of whether it is disturbed by PROJECT or not. STATE shall sign the HM-I manifest and, if STATE determines, in its sole judgment, that STATE's cost for remedy or remedial action is increased due to PROJECT, that additional cost identified by STATE shall be borne by CITY. STATE will exert every effort to fund the remedy or remedial action for which STATE is responsible. In the event STATE is unable to provide funding, CITY will have the option to either delay PROJECT until STATE is able to provide funding or CITY may proceed with the remedy or remedial action at CITY's expense without any subsequent reimbursement by STATE. 5. The remedy or remedial action with respect to any hazardous material or contamination of an HM-2 category found within the existing State highway right of way during investigative studies shall be the responsibility of CITY, at CITY's expense, if CITY decides to proceed with PROJECT. For the purposes of this Agreement, hazardous material or contamination of HM-2 category is defined as El District Agreement No. 08-1249 that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed or otherwise protected in place should PROJECT not proceed. CITY shall sign any HM-2 storage manifest if PROJECT proceeds and HM-2 material must be removed in lieu of being treated in place. If CITY decides to not proceed with PROJECT, there will be no obligation to either CITY or STATE other than CITY's duty to cover and protect HM-2 material left in place. 6. Locations subject to remedy or remedial action and/or protection include utility relocation work required for PROJECT. Costs for remedy and remedial action and/or protection shall include, but not be limited to, the identification, treatment, protection, removal, packaging, transportation, storage, and disposal of such material. 7. The party responsible for funding any hazardous material cleanup shall be responsible for the development of the necessary remedy and/or remedial action plans and designs. Remedial actions proposed by CITY on the State highway right of way shall be pre -approved by State and shall be performed in accordance with STATE's standards and practices and those standards mandated by the Federal and State regulatory agencies. 8. A separate Cooperative Agreement will be required to cover responsibilities and funding for the construction phase of PROJECT. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights to third parties not parties to this Agreement or to affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation or maintenance of State highways and public facilities different from the standard of care imposed by law. 10. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 11. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE District Agreement No. 08-1249 under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 12. This Agreement may be terminated or provisions contained herein may be altered, changed, or amended by mutual consent of the parties hereto. 13. Except as otherwise provided in Article 12 above, this Agreement shall terminate upon completion of PROJECT, or on December 31, 2009, whichever is earlier in time. Signatures are on the following page. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Will KEMPTON Director of Transportation La ANNE E. MAYER District 08 Director APPROVED AS TO FORM AND PROCEDURE: Attorney, Department of Transportation CERTIFIED AS TO FUNDS: District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: Accounting Administrator District Agreement No. 08-1249 CITY of TEMECULA By: Michael S. Naggar, Mayor Attest: By: Susan W Jones, CMC, City Clerk APPROVED AS TO FORM AND PROCEDURE: By: Peter M. Thorson, City Attorney 7 District Agreement No. 08-1249 SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for various project devel- opment activities for the proposed I-15 / SR 79S Ultimate Interchange. 1. CITY and STATE concur that the proposal is a Category 4A as defined in STATE's Project Development Procedures Manual. CITY will submit drafts of environmental technical reports and individual sections of the draft environmental documents to STATE, as they are developed, for review and comment. Traffic counts and projections to be used in the various reports shall be supplied by STATE if available, or by CITY. Existing traffic data shall be furnished by CITY. STATE will review, monitor, and approve all project development reports, studies, and plans, and provide all necessary implementation activities up to but not including advertising of PROJECT. 4. The existing freeway agreement need not be revised. All phases of PROJECT, from inception through construction, whether done by CITY or STATE, will be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. 6. Detailed steps in the project development process are attached to this Scope of Work. These Attachments are intended as a guide to STATE's and CITY's staff. District Agreement No. 08-1249 ATTACHMENT 1 PLANNING PHASE ACTIVITIES PROJECT ACTIVITY RESPONSIBILITY STATE CITY ENVIRONMENTAL ANALYSIS AND DOCUMENT PREPARATION Provide Quality Control X Provide Quality Assurance X Establish Project Development Team (PDT) X X Approve PDT X Project Category Determination X Prepare Preliminary Environmental Assessment X Identify Preliminary Alternatives and Costs X X Prepare and Submit Environmental Studies & Reports X Approve Environmental Studies & Reports X Prepare and Submit Draft Environmental Document (DED) X Approve Final DED X PROJECT GEOMETRICS DEVELOPMENT Provide Quality Control X Provide Quality Assurance X Prepare Existing Traffic Analysis X Prepare Future Traffic Volumes for Alternatives X Prepare Project Geometrics and Profiles X Prepare Layouts and Estimates for Alternatives X Prepare Operational Analysis for Alternatives X Approve Project Geometrics and Operational Analysis X PROJECT APPROVAL Provide Quality Control X Provide Quality Assurance X Lead Agency for Environment Compliance Certifies its ED in Accordance with Procedures X X Prepare Project Report (PR) X Finalize and Submit Project Report with Certified ED for Approval X Approve Project Report X Storm Water Re ort X Approve Storm Water Report X Recommendations of Value Analysis X 0 District Agreement No. 08-1249 ATTACHMENT 2 DESIGN PHASE ACTIVITIES PROJECT ACTIVITY RESPONSIBILITY STATE CITY PRELIMINARY COORDINATION Provide Quality Control X Provide Quality Assurance X Request 1 - Phase EA X Field Review of Site X X Approve Geometrics X Obtain Surveys & Aerial Mapping X Obtain Copies of Assessor Maps and Other R/W Maps X Obtain Copies of As-Builts X Send Approved Geometrics to Local Agencies for Review X Revise Approved Geometrics if Required X Approve Final Geometrics X Determine Need for Permits from Other Agencies X X Request Permits X Initial Hydraulics Discussion with District Staff X Initial Electrical Design Discussion with District Staff X Initial Traffic & Signing Discussion with District Staff X Initial Landscape Design Discussion with District Staff X Plan Sheet Format Discussion X X ENGINEERING STUDIES AND REPORTS Provide Quality Control X Provide Quality Assurance X Prepare and Submit Materials Report & Typical Section X Approve Materials Report & Typical Section X Prepare and Submit Landscaping Recommendation X Approve Landscaping Recommendation X Prepare and Submit Hydraulic Design Studies X Approve Hydraulic Design Studies X Prepare and Submit Bridge General Plan & Structure Type Selection X Approve Bride General Plan & Structure Type Selection X R/W ACQUISITION & UTILITIES (Used when uq alified Local Agency is performing R/W activities) Provide Quality Control X Provide Quality Assurance X Request Utility Verification X Request Preliminary Utility Relocation Plans from Utilities X Prepare R/W Requirements X 10 District Agreement No. 08-1249 Prepare R/W and Utility Relocation Cost Estimates X Submit R/W Requirements & Utility Relocation Plans for Review X Comment on R/W Requirements X Longitudinal Encroachment Review X Longitudinal Encroachment Application to District X Approve Longitudinal Encroachment Application X Request Final Utility Relocation Plans X Check Utility Relocation Plans X Submit Utility Relocation Plans for Approval X Approve Utility Relocation Plans X Submit Final R/W Requirements for Review & Approval X Approve R/W Requirements X Obtain Title Reports X Complete Appraisals X Approve Appraisals for Setting Just Compensation X Prepare Acquisition Documents X Acquire R/W X Open escrows and make payments X Obtain Resolution of Necessity X Perform Eminent Domain Proceedings X Provide Dis lacee Relocation Services X Prepare Relocation Payment Valuations X Provide Dis lacee Relocation Payments X Perform Property Management Activities X Perform R/W Clearance Activities X Prepare and Submit Certification of R/W X Approve Certification of R/W X Transfer R/W to STATE X Approve and Record Title Transfer Documents X Prepare R/W Record Maps X PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Provide Quality Control X Provide Quality Assurance X Prepare and Submit Preliminary Stage Construction Plans X Calculate and Plot Geometrics X Cross -Sections and Earthwork Quantities Calculation X Prepare and Submit BEES Estimate X Put Estimate in BEES X Local Review of Preliminary Drainage Plans and Sanitary Sewer and Adjustment Details X Prepare and Submit Preliminary Drainage Plans X Prepare Traffic Striping and Roadside Delineation Plans X 11 District Agreement No. 08-1249 and Submit for Review Prepare and Submit Landscaping and/or Erosion Control Plans X Prepare and Submit Preliminary Electrical Plans X Prepare and Submit Preliminary Signing Plans X Quantity Calculations X Safety Review X X Prepare Specifications X Prepare and Submit Checked Structure Plans X Approve Checked Structure Plans X Prepare Final Contract Plans X Prepare Lane Closure Requirements X Approve Lane Closure Requirements X Prepare and Submit Striping Plan X Approve Striping Plan X Prepare Final Estimate X Prepare and Submit Draft PS&E X Finalize and Submit PS&E to District X 12 District Agreement No. 08-1249 ATTACHMENT 3 DEFINITIONS Existing Facilities (within the project area) I-15: 8-lane, divided freeway. SR-79S: 6-lane conventional highway (includes delineated median for left turn pockets) I-15/SR-79S Interchange: I-15 grade separated over SR-79S. Ramps for all four movements exist and are aligned in a compact diamond. Front Street: 2-lane frontage road west of I-15, ties into SR-79S just west of the I-15 southbound ramps. Basic Design Features • I-15 southbound ramps realigned to forma button hook south of SR-79S • Construction of a bridge west of the I-15 southbound bridge, to accommodate the southbound off ramp • Installation and modification of traffic signals. Installation of ramp metering system • Widening of SR-79S traveled way via removal of sidewalk, paving, and restriping. • Widening of I-15 northbound on ramp. Mandatory and Advisory Design Exceptions A mandatory design exception is required for the proposed reduced shoulder width of 0.37 m on SR-79S beneath I-15. See Highway Manual Index 302.1 13 FMA M•1 W 9 r: o O O Y O V m 0 v o a o v p a. 00 w O T N 00 F o 0 o r a O w H e� h Vl fA (A 69 69 CAIGA 00 0 0 N 0 o O 0 O V O O O oo O O v v O V VO1 M h h N M O fA 69 6/3 6 0 N N 69 O O � O C� N oc O C N C d 7 h as N N N 6 69 6A 69I6A O O D\ 00 0o vl O p vi o C, `o oho �i A N •--� 7 � Q « 0 0 0 0 0 0 0 (D V) moo00- 0o O tr kr o: 00ot-C� 00 0 -� --I .+ wi 00 .r 6.,6AGn69I6A U o U � Y y F7 v � q O � V] H N O W � N Co UUP494E� N u N U b N cn f-0 F d�UAWF WrA m ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: ' W �Y �t illiam G. Hughes, Director of Public Works/City Engineer DATE: December 7, 2004 SUBJECT: Pechanga Parkway Phase IIB Storm Drain Improvements Wolf Valley Creek Channel - Stage 2 Project No. PW99-11CH Increase Construction Contingency PREPARED BY: eg Butler, Principal Engineer Steven W. Beswick, Associate Engineer RECOMMENDATION: That the City Council increase the project contingency, and the City Manager's contract change order approval limit, by $300,000 above the previously approved 10% contingency for the Pechanga Parkway Phase IIB Storm Drain Improvement Project (Wolf Valley Creek Channel-Stage2) —Project No. PW99-11CH. BACKGROUND: On June 22, 2004 the City Council awarded a construction contract to Road Builders, Inc. in the amount of $2,940,768.42 and authorized the City Manager to approve change orders not to exceed a 10% contingency or $294,076.84. During the course of the work several contract change orders have been executed to modify or supplement the original contract scope of work. A significant amount of the contract change order work added to this contract is a direct result of accelerating storm drain work that would have been included in the Pechanga Parkway Phase II road widening project, namely over -excavating, re - compacting and then filling the existing earthen channel which runs parallel to Pechanga Parkway. It was necessary to complete this work at this time to support the planned channel embankments. Other changes contributing to exhausting the original contingency include; paying for additional culvert and transition structure subgrade treatment recommended by the geotechnical engineer, compensation for revisions to the alignment of the channel necessary to salvage an existing mature oak tree, and compensation for added erosion control measures not originally included in the contract. Staff estimates an additional $300,000 will be required to cover the net contract item adjustments and any additional unforeseen changes. Construction delays caused by utility relocations and tree preservation issues have added three months to the original time required to complete the project. FISCAL IMPACT: The construction of the Parkway Phase IIB Storm Drain Improvement Project (Wolf Valley Creek Channel-Stage2)— Project No. PW99-11 CH is primarily funded with Assessment District 159 bond proceeds and a County Reimbursement agreement (AD159 Deer Hollow funds). The Pechanga Parkway Improvement project includes several other funding sources. Perthe Wolf Creek Development agreement, any funding shortfall for the overall Pechanga Parkway Project is the responsibility of the developer. Adequate funds are available for this increased authorization in project Account No. 210-165-668-5804. 1 R:IAGENDA REPORTS12004\120704\PW99.11CH Wolf Valley Creek Channel St-2 Addl Funds.000 ATTACHMENT: Project Location Project Description Change Order Summary/Contingency Balance 2 RAAGENDA REPORTS12004120704TW99-11CH Wolf Valley Creek Channel St-2 Add'I Funds.DOC z� MCI D i a a 0 o a o 0 0 o rn [ti .� •-i N y h o0 M �D M N O Y y V1 r O� V U o U us vi vs cs en vs ds » E 0 iT 0 0 N Oil h O O O N M N V) V� I V' Ifs N O G0 0 0 Nt O N V 06�6 ..-i O d� va us vi us vj sv v� ss o O b O 0�0 y y Vrl N 01 'ap � O U1 O� 00 r M Fn ss vi vi F» vi u� eo u u 0 U a u a •y 37 P Eb Q y F Q d U U A W 3 F O vNi_ •N+ O .�• ono N V 7 N Hm b 69 b b En IV 0 A vd O A U d v p QO 44❑ np y i Page 1 of 2 Change Order Summary/Contingency Balance PECHANGA PARKWAY STORM DRAIN WOLF VALLEY CREEK CHANNEL - STAGE 2 PW99-11CH ITEM RESP DESCRIPTION TOTAL CCO 1 1.1 Sports Park Sewer Stub $ 30,526.00 $ 30,526.00 CCO 2 2.1 Quantity Topo Survey $ 4,025.00 2.2 Overex & Stabilize Deer Hollo Outle $ 11,630.00 2.3 K-rail for Over-Exc $ 8,315.00 2.4 Modify Box for Stormceptor $ 9,166.00 $ 33,136.00 CCO 3 3.1 Overex/fill exist channel LL to WV $ 75,400.00 3.2 Complete grading LL to WV $ 18,950.00 3.3 Overex/fill exist channel WV to new $ 49,140.00 3.4 Geogrid beneath Str per Geotech $ 1,335.00 $ 144,825.00 CCO 4 4.1 Erosion Control $ 66,180.00 4.2 SCE & Oak Delay Settle $ 20,000.00 4.3 Add Days $ - $ 86,180.00 CCO 5 5.1 Add downstream open channel $ 1,037,230.00 $ 1,037,230.00 CCO 6 6.1 Temp water for Turf Reinf. $ 50,000.00 6.2 Reconstruct DH Outlet $ 17,368.00 6.3 Regrade Channel at DH save tree $ 7,600.00 6.4 Add 5 JS's & related for stormceptc $ 65,052.00 6.5 K-rail Credit not used $ (8,315.00) $ 131,705.00 Total Aooroved Change Orders $ 40% work remains add 40% of orig $ 117,631.00 Re-establish 10% of outlet $ 103,723.00 Subtotal Pending/Potential CCOs $ 221,354.00 Page 2 of 2 Change Order Summary/Contingency Balance PECHANGA PARKWAY STORM DRAIN WOLF VALLEY CREEK CHANNEL - STAGE 2 PW99-11CH ITEM RESP DESCRIPTION Total Item Overage/underage Estimated overruns $ Orders 75,000.00 TOTAL Total Amount $ 75,000.00 Beginning Contingency (10%) $ 294,076.84 Additional Allocation $ 30,526.00 Sports Park Sewer Additional Allocation $ 1,037,230.00 Outlet Channel Additional Allocation $ 103,723.00 Outlet Ch Contg. Adjusted Balance Approved Contract Change orders Pending/Potential CCOs Disputed CCOs Item Over/underruns $ 1,465,555.84 $ 1,463,602.00 $ 221,354.00 $ 75,000.00 $ (294,400.16) ITEM 8 APPROVA CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/Cit ou it FROM: Debbie L - - - e, erector of Planning DATE: December 7, 2004 SUBJECT: Agreement for Consulting Services between the City of Temecula and Nichols Melburg and Rossetto (NM&R), Architects and Engineers PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: That the City Council: 1) Approve a contract with Nichols Melburg and Rossetto, Architects and Engineers for master planning consulting services in the amount of $161, 550.00. 2) Approve a contract contingency of 10% for an amount of $16,155.00. BACKGROUND: On May 11, 2004 the City Council directed staff to pursue the development of a master plan for a civic center complex that includes parking facilities, open space/public square and a city hall. The Old Town Civic Center Ad Hoc Subcommittee, which was composed of two members of the City Council, one representative of the Old Town Local Review Board and Executive Staff Members, interviewed seven architectural firms to prepare the master plan. The committee selected Nichols Melburg and Rossetto to prepare the master plan. The proposed master plan will provide the basis for the eventual development of a civic center composed of the following components: a city hall with a usable floor area of sixty to eighty thousand square feet, a plaza or public square fronting onto the City Hall, and an approximate 350 space parking structure. The scope of services include a needs assessment, survey and topographical data, design concepts, cost estimate, phasing plan, parking analysis, meetings and presentations and architectural concepts. NM&R has also prepared a project design schedule that delineates the duration of each task and meetings with the Civic Center Project Management Team. R1BROWNSW Gmc Cente c st ffrpt 12-07-06.dm FISCAL IMPACT: This master plan is funded in 2004-2005 FY budget under the Capital Improvement Plan Account No. 210.165.751 with Development Impact Fee — Corporate Facility Funds ATTACHMENTS: City of Temecula Agreement for Consulting Services Scope of Services Temecula Civic Center Master Plan Project Design Schedule R1BROW NS\O7 Civic Centeftc staf rpt 12-07-04.dm � \ \ , 0 / u \ / AI / CD )j \$ � q-- S � k§ � § J� a a . . .. { / �\ \ � \ . \ 0bf j § k ,a § 40. /\kn 2 k Bf \ \ ) } CA § e 2 , \ \ ! \ i § k � \ 2 & ] 5 \ \ .0 )o . �C i\ g&)k /®� ) ) \ (|§ ( ? /}o 7§ 3¢e 2) AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND NICHOLS MELBURG AND ROSSETTO ARCHITECTS AND ENGINEERS THIS AGREEMENT is made and effective as of December 7, 2004, between the City of Temecula, a municipal corporation ("City") and Consultant. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on December 7, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 6, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 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. 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 $161,550 (One Hundred Sixty-one Thousand Five Hundred Fifty Dollars) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 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 an 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. 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 dutyto 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 Manageror 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. 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- fied 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, togetherwith supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computerfiles 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. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, 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 attorney 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 arising out of the negligence of the City. 10. 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 Commercial 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. (3) Worker's Compensation insurance as required by the State of California 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 L lability I nsurance s hall b e w ritten o n a p olicy f orm providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial 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 provisions: (1) 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 primary 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 shall be excess of the Consultant's insurance and shall not contribute with it. (3) 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. (4) 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. (5) 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 written 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 Coverage. 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 affecting 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 byfailure of the Consultant to comply with this section. 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 written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or 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 rewrite 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 (1) 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: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Nichols Melburg and Rossetto Architects and Engineers 300 Knollcrest Drive Redding, California 96002 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without priorwritten 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 during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 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 attorneyfees and litigation expenses forthe 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, CIVIC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Les Melburg, Principal Nichols Melburg and Rossetto Architects and Engineers 300 Knollcrest Drive Redding, California 96002 By: Name: EXHIBIT A Scope of Services and Payment Rate TEMECULA CIVIC CENTER PROJECT TEMECULA, CALIFORNIA SCOPE OF WORK I. TASK ONE — NEEDS ASSESMENT/ARCHITECTURAL PROGRAM Description: • Review existing program documents • Interview staff and council members o Confirm staffing, room sizes, types of work spaces, room relationships and requirements, projected growth, security requirements, etc. • Develop appropriate net -to -gross square footage ratios • Revise program documents • Confirm results with staff and council • Prepare final document and narrative Duration: 3 Weeks Cost: $9,750 II. TASK TWO — SURVEY AND TOPOGRAPHICAL DATA Description: • Survey research/obtain preliminary title report • Boundary survey • A.L.T.A. survey and map • Topographic map • Utility research • Boundary analysis Duration: 3 Weeks Cost: $13,900 III. TASK THREE — DESIGN CONCEPTS Description: Develop 3 conceptual level design alternatives for Civic Center Master Plan o Site plans (micro and macro) o Floor plans (departmental level) o Massing analysis and options o Plaza design o Circulation - Pedestrian - Ingress/egress - Delivery, service, and loading - Emergency service Site analysis and connection to downtown Presentation/meetings Select and develop preferred alternative in concert with City staff and Council Site plans (micro and macro) Floor plans (departmental level) Massing studies Plaza design Parking structure concept Landscape concepts Duration: 8 Weeks Cost: Architecture: $45,000 Landscape Architecture: $10,000 IV. TASK FOUR — COST ESTIMATE Description: Provide conceptual level cost estimate o Area analysis o Construction type o Major systems analysis (cost/benefit) - Structural - Mechanical and Electrical - Security - Audio-visual o Materials and finishes o Site demolition o Site amenities o Phasing and sequencing o Construction market analysis o Development of project master budget with staff Duration: 2 Weeks Cost: $7,500 V. TASK FIVE — PHASING PLAN Description: • Develop, with staff, project phasing schedule and sequencing o Site plan graphics, depicting phases of development and costs o Project schedule Duration: 2 Weeks Cost: $1,800 VI. TASK SIX — PARKING ANALYSIS Description: • Participate in review of parking needs assessment prepared by others • Plan graphics (site plan of downtown and civic center) as required Duration: 2 Weeks Cost: $800 VII. TASK SEVEN — MEETINGS AND PRESENTATIONS Description: • Prepare for and conduct meetings, presentations, and workshops as requested by City o Staff o Council o Community Duration: Intermittent Cost: $4,800 VIII. TASK EIGHT — ARCHITECTURAL CONCEPTS Description: • Develop building architecture of selected concept fromTask 3 o Elements of style o Materials of construction • Review options with staff • Refine and develop schematic -level architectural concepts • Provide presentation -level drawings o Site plan and plaza concept . o Conceptual floor plans for all buildings o Exterior elevations of buildings o Cross sections through site, including building sections implying structural systems • Provide computer animation of rendered project in context, including: o Materials of construction o Landscaping and hardscaping o Lighting and shadow o Existing surrounding environs Duration: 9 Weeks Cost: Architecture: $54,000 Landscape Architecture: $10,000 IV. TASK NINE — REIMBURSABLE EXPENSES Description: Printing and plotting of documents Travel Cost: $4,000 (allowance) EXHIBIT B Project Design Schedule 9 Is MI MMIM mi MMIMM ON ME= . r T r . L0/LO 39Vd NWN 8£SELlLOES 60:OT b00L/ST/11 303tl ITEM 9 ORDINANCE NO. 04-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE DESIGNATION FOR PLANNING AREA 9 OF THE RORIPAUGH ESTATES SPECIFIC PLAN FROM NEIGHBORHOOD COMMERCIAL (NC) TO COMMUNITY COMMERCIAL (CC) AND INCORPORATE DESIGN GUIDELINES AND DEVELOMENT STANDARDS FOR PLANNING AREA 9 (PA02-0363). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that:. A. Pacific Development Partners, LLC, filed Planning Application Nos. PA02-0360, General Plan Amendment, PA02-0363, Specific Plan Amendment, PA02-0364, Development Plan, PA02-0365, Tentative Parcel Map, and PA04-0540, Conditional Use Permit for the property consisting of approximately 20.2 acres generally located at the northeast corner of Winchester Road and Nicolas Road, known as Assessors Parcel No(s). 920-100-001 through 920-100-013 ("Project'); B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on October 20, 2004 to consider the applications for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 04-056, recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project; Resolution No. 04-057, recommending the City Council approval of a General Plan Amendment; Resolution No. 04-058, recommending the City Council approval of a Specific Plan Amendment ; Resolution No. 04-059, recommending the City Council approval of a Tentative Parcel Map; Resolution No. 04-060, recommending the City Council approval of a Development Plan; and Resolution No. 04-061, recommending the City Council approval of a Conditional Use Permit; E. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 04-058, recommending approval of a Specific Plan Amendment; F. On November 23, 2004, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. G. On November 23, 2004, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 04-56; approving a General Plan Amendment, Resolution No. 04-57; RJOrds 2004/Ords 04-15 1 approving a Tentative Parcel Map, Resolution No. 04-59; approving a Development Plan, Resolution No. 04-60; and approving a Conditional Use Permit Resolution No. 04-61; H. On November 23, 2004, the City Council of the City of Temecula approved a Specific Plan Amendment for the Project when it approved Ordinance No. 04-15. Section 2. The City Council of the City of Temecula hereby amends portions of Roripaugh Estates Specific Plan as described below. A. Amend the land use designation from Neighborhood Commercial (NC) to Community Commercial as shown in Exhibit "A": B. Amend the text of Planning Area 9 to reflect Community Commercial and include updated language pertaining to development standards and design guidelines for commercial development as shown in Exhibit "B" Section 3. Severability. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 6. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 7t' day of December, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:/Ords 2004/0rds 04-15 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 04-15 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 23rd day of November, 2004 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 7'" day of December, 2004, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2004/Ords 04-15 EXHIBIT A SPECIFIC PLAN AMENDMENT R:/Ords 2004/Ords 04-15 RORIPAUGH ESTATES SPECIFIC PLAN NO.1 AMENDMENT NO.3 City of Temecula Community Development Department - Planning Division 432oo Business Park Drive P.O. Box 9033 Temecula, CA 92589.9033 Phone: 9o9.694.6400 Fax: 909.694.6477 Contact: Debbie Ubnoske, Director of Planning Applicant: Pacific Development Partners, LLC 177 S. Beverly Drive, A'd Floor Beverly Hills, CA 9o2i2-3002 Phone: 310.278.9595 Contact: Mark Burger June 2o04 Roripaugh Estates SpecMe Plan Amendment No3 Summary Roripaugh Estates Specific Plan No. 1, Amendment No. 3 (SPA 3) changes the existing neighborhood commercial designation for Planning Area 9 to community commercial. An associated General Plan Amendment has been submitted with SPA 3. Commercial Architectural Design Guidelines have been added for Planning Areas 9. All other land uses and design standards as outlined in Roripaugh Estates. Specific Plan Amendment No. 2, as approved by the City of Temecula City Council on August 8, 1994 shall remain in effect. TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT NOVEMBER 23, 2004 A regular meeting of the City of Temecula Community Services District was called to order at 7:59 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Comerchero, Naggar, Roberts, Stone, and Washington ABSENT: 0 DIRECTORS: None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of November 9, 2004. Professional Services Agreement for Geotechnical and Material Testina Services and Special Insoection — Petra Geotechnical. Inc — Wolf Creek Sports Complex — Proiect No. PW01 RECOMMENDATION 2.1 Approve an agreement with Petra Geotechnical, Inc. in an amount not to exceed $91,015.00 to provide as needed geotechnical, material testing services, and special inspection for the Wolf Creek Sports Complex - Project No. PW01- 17CSD — and authorize the President to execute the agreement; 2.2 Authorize the General Manager to approve amendments to the agreement not to exceed the contingency amount of $9,101.00, which is equal to 10% of the agreement amount. R: \M 1 n utes. csd\ 112304 RECOMMENDATION: 3.1 Approve an agreement with Lim & Nascimento Engineering Corporation in an amount not to exceed $114,426.00 to provide professional civil engineering design services for Margarita Road Undercrossing — Project No. PW04-13 — and authorize the President to execute the agreement; 3.2 Authorize the General Manager to approve amendments to the agreement not to exceed the contingency amount of $11,442.60, which is equal to 10% of the agreement amount; 3.3 Approve the acceleration of funding from the FY2005-06 Capital Improvement Program budget in the amount of $56,000.00 to the FY 2004-05 Capital Improvement Program budget. 4 Ratification of Election Results — Tract Map No. 26828-1, -2, and Final RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. CSD 04-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY SERVICES DISTRICT RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL -IN BALLOT ELECTION HELD ON NOVEMBER 3, 2004, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW RECOMMENDATION: 5.1 Accept two Landscape Easement Deeds from property owners within Tract Map No. 19872 adjacent to Pechanga Parkway; 5.2 Authorize the City Clerk to record the Landscape Easement Deeds. Wolf Creek SDecific Plan — Service Level B. Service Level C. and Service Level D Rates and Charges RECOMMENDATION: 6.1 Adopt a resolution entitled RAMinutes.c V12304 RESOLUTION NO. CSD 04-13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NOS. 29798 SERIES AND 30264 SERIES BEGINNING FISCAL YEAR 2005-2006 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH MOTION: Director Stone moved to approve Consent Calendar Item Nos. 1 - 6. The motion was seconded by Director Comerchero and electronic vote reflected unanimous approval with the exception of Director Roberts who abstained with regard to Consent Calendar Item No. 1. DISTRICT BUSINESS Subcommittee for the Ronald Reagan Sports Park RECOMMENDATION: 7.1 Appoint two Board Members to serve on an ad hoc subcommittee to address issues related to a proposed memorial at the Ronald Reagan Sports Park. Community Services Director Parker reviewed the staff report (as per agenda material). Director Naggar relayed his desire to serve on that Subcommittee. As President of the District, President Washington as well expressed a desire to serve on this Subcommittee. Director Roberts also expressed a desire to serve on this Subcommittee. MOTION: Director Comerchero moved to appoint Directors Naggar and Roberts to serve on the Ronald Reagan Sports Park Subcommittee. The motion was seconded by Director Stone and voice vote reflected unanimous approval. DEPARTMENTAL REPORT No additional comments. DIRECTOR OF COMMUNITY SERVICES REPORT No comment. GENERAL MANAGER'S REPORT I�5 •uu-� R:1tvlinutes.csd%112304 BOARD OF DIRECTORS' REPORTS A. Director Naggar invited all to the upcoming Tree Lighting Ceremony on Monday, December 6, 2004, at 6:00 P.M., at the Duck Pond. B. Director Stone suggested that postcards be provided depicting the Veterans' Memorial, the Singing in the Rain Memorial, as well as the Japanese Garden and to be sold at the Museum. With regard to his comment regarding the Veterans' Memorial renderings being sold as a fundraiser for the Museum, Community Services Director Parker advised that the renderings of the memorial are being constructed. C. President Washington encouraged the Community Services Department to work with the Information Systems Department to display digital images of the Duck Pond and other City parks on the City's website. ADJOURNMENT At 8:04 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, December 7, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] RAMin utes. csd\112304 ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman Parker, Director of Community Service DATE: December 7, 2004 SUBJECT: Approve the Quitclaim Deed to Vacate the Landscape Maintenance Easements Dedicated on Final Tract Map Nos. 26828, 26828-1 and 26828-2; Acceptance of Revised Landscape Maintenance Easements from Richmond American Homes of California, Inc. PREPARED BY: Barbara Smith, Management Analyst RECOMMENDATION: That the Board of Directors: Approve the three (3) Quitclaim Deeds to vacate the landscape maintenance easements dedicated on Final Tract Map Nos. 26828, 26828-1 and 26828-2. 2. Accept twenty eight (28) revised landscape maintenance easements from Richmond American Homes of California, Inc for Tract Maps Nos. 26828, 26828-1 and 26828-2; subject to Temecula Community Services District (TCSD) acceptance of landscape improvements. 3. Authorize the City Clerk to record the Quitclaim Deeds and the Landscape Maintenance Easements. BACKGROUND: On May 10, 2002 Riverside County recorded three (3) Tract Maps Nos. 26828, 26828-land 26828-2 with dedications of perimeter slope landscape maintenance easements to the Temecula Community Services District (TCSD). These Tract Maps form a small residential development consisting of 130 residential parcels located along Seraphina Road and Rita Way. This project is called Avondale and is currently owned by Richmond American Homes of California, Inc. Avondale was not conditioned to form an Homeowners Association (HOA), so easements were taken on portions of residential lots along Seraphina Road and Rita Way. The dedication of the easements was accepted by TCSD subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. Due to the severity of the slopes, during the development of this residential project, the grading had to be altered. This alteration changed the configuration of the slopes and therefore the easement areas dedicated on the final map no longer matched the current slope landscape plan area. In order for TCSD to accept the new landscape easement areas, the existing easements need to be vacated by Quitclaim Deed prior to acceptance of the new landscape maintenance easements. The final acceptance of these easements will also be subject to the construction and acceptance of the landscape improvements by the TCSD. RAC Lhb\Fa ements\Staff Repon-TM 26828.doc FISCAL IMPACT: None ATTACHMENTS: 1. Exhibit A — Vicinity Map 2. Exhibit B — Area to be Maintained by TCSD 3. Copies of Final Maps Tract Map Nos. 26828, 26828-1 and 26828-2 4. Three (3) Quitclaim Deeds for Tract Maps 26828, 26828-1 and 26828-2 5. Twenty-eight (28) revised Landscape Maintenance Easements R \smithb\Euemems\Staff Report -TM 26828.doc MURRIETA EXHIBIT A SPPZ� CITY OF TEMECULA ��. CUUNUAHT SERAPHINA ROAD PROJECT SITE G��ERP� �- RITA WAY IA.G Y ApA JOSEPH ROAD . ap.pp / FINBROOK trcll.As ROAD CITY OF TEMECULA BOUNDARY NORTH TRACT NO, 26828-10 26828-2 AND 26828 EXHIBIT B AVONDALE ®RICI �MOIAN �D AM ES APRIL 19, 2004 Mai TO �fJ113 AREAS SUBJECT TO MAINTENANCE REQUIREMENTS ® LANDSCAPE AREA a00000000o RETAINING WALL •���� FENCE/WALL AREAS TO BE MAINTAINED BY THE TEMECULA COMMUNITY SERVICES DISTRICT "`✓�'.��' LANDSCAPE AREA PARKWAYAREA A abO O u is zap ai \13 112 27 I 25 I 24 23 11 2226 21 23 29 30 31 32 Puk Vista Circle 1t 110 s �e +Y 33 37 36 W M S3 7 as r— i Iri1 Ir 02 u _u s I s Temm View Cud, ` I I 3 r--- so w 48 2 17 48� --- fa 22 zs za i — \ 1s 17 s� I sal I tl 3 7 3)]}6I60 °NsAe z I sAss e - I- d aza a+nefx 'Ov rr B�W i = ' dh I �o i avr7 55rd N3aV 3 ® 4 L Z 4 a�o , ^ w WW y a sg i i-000SZ 'tll Q i c5C 3l wpplyiyg� s w e o NSW._-- r7 � A -----.f9'919 C'NINO'MY7S ,3 J07 JAKAv - i---cif. .own m - Q t8 • - aZ ��� ex i.. 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MAI � � @ � 4 6 � Eg T101 d I I : ea„en'a's_�88 �3'"'8 a 4.9 eR ) W f �::R8So f W W W W) �A:70 "Y 8'�niE$• �aa"a_e���aag SEII:E3E SS)) ciyyl�� ! N W W �. Td µN?! =N m. l0. I07 . r i n� . .ni• a� m'vw.• .® yKlfAN al ate' a -rn vp y q1 L cu 8a 1 8" . Ui•A f N SFJ k p xk3. i fabya3 Nq1 Bit ' 1 uv .�i • i s�a ` V � a vrv.ri� • as Q � �t ' n � N ° _ f .....[... ,OE OE f 4 __a 8-8a N mm 8888: 8. C vR..� • 1-Y +1 oPs 1 N �'l'y ag E Of QaQ� OO ..•..v�. %rya i.1 Z 4[[iJµµg .y �.#. ifw s ° �ZN< m ty yid m G� 4 • w.P� tR i er 4. 'w. L i�.•'w^ L '1 xzWti p e�1tl9NYd� 9ik�, bz,h C yAYMNdVd p.i[. '„v„ 2WV 1 ��G m t LAG. N w20> L� b .86 ¢ �' +f• R g �LL y yg Ri W i W �g aax s%I .if m a .} ! �� . Jnn•rw I e�.n f O4: 30' 30 k $ Air &W7, EXEMPT RECORDING REQUESTED BY City of Temecula PER GOWT CODE § 27383 AND WHEN RECORDED MAIL TO: Office of the City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO: Richmond American Homes Of California, Inc. 100 East San Marcos Blvd, Suite 100 San Marcos, CA 92069 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF TEMECULA does hereby remise, release and forever quitclaim to: Richmond American Homes of California, Inc., a landscape easement in the City of Temecula, County of Riverside, State of California, described as: a landscape easement shown by the dashed line over lots 20, 21, 32, 33, 44 and 45 for slope, irrigation and landscape maintenance purposes on recorded Tract Map No. 26828, No. 2002-247844. Dated STATE OF CALIFORNIA )SS. COUNTY OF } On 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(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk Approved As To Form Peter M. Thorson, City Attorney RAsmithb\Tract 26828\Quit Claim Deed-26828.doc EXEMPT RECORDING REQUESTED BY City of Temecula PER GOV'T CODE § 27383 AND WHEN RECORDED MAIL TO: Office of the City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92689-9033 MAIL TAX STATEMENTS TO: Richmond American Homes Of California, Inc. 100 East San Marcos Blvd, Suite 100 San Marcos, CA 92069 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF TEMECULA does hereby remise, release and forever quitclaim to: Richmond American Homes of California, Inc., a landscape easement in the City of Temecula, County of Riverside, State of California, described as: a landscape easement shown by the dashed line over lots 18 through 35, inclusive, for slope, irrigation and landscape maintenance purposes on recorded Tract Map No. 26828-1, No. 2002-247817. Dated } STATE OF CALIFORNIA )SS. COUNTY OF } On 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(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk Approved As To Form Peter M. Thorson, City Attorney Usmithb\Tract 26828\Quit Claim Deed-26828-I.doc EXEMPT RECORDING REQUESTED BY City of Temecula PER GOWT CODE § 27383 AND WHEN RECORDED MAIL TO: Office of the City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO: Richmond American Homes Of California, Inc. 100 East San Marcos Blvd, Suite 100 San Marcos, CA 92069 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF TEMECULA does hereby remise, release and forever quitclaim to: Richmond American Homes of California, Inc., a landscape easement in the City of Temecula, County of Riverside, State of California, described as: a landscape easement shown by the dashed line over lots 1, 2, 24 and 25, inclusive, for slope, irrigation and landscape maintenance purposes on recorded Tract Map No. 26828-2, No. 2002-247842. Dated STATE OF CALIFORNIA )SS. COUNTY OF } On 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(ies), and that by his/her/ their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk Approved As To Form Peter M. Thorson, City Attorney R9smithbUract 26828\Quit Claim Deed-26828-2.doc 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 this line for DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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" been executed this IZ day of CGT , 2004. Signature:61-�%�_ Print/Type Name: Lisa Gordon Position: President IN WITNESS WHERE OF; this instrument has U=thb\Fmms\Gnat k Easement Dw&\L ndscVp Wall Mmte w Faeement Deed.doc AUGUST 13, 2004 SHEET I OF 2 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 18, TRACT NO.26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; PARCEL"A" BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 18; THENCE SOUTH 70'04'53" WEST, ALONG THE SOUTHEASTERLY LINE OF SAID LOT, A DISTANCE OF 10.51 FEET, TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY HAVING A RADIUS OF 1958.07 FEET, A RADIAL LINE BEARS SOUTH 76°39'01" EAST; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03.07' 18", AN ARC DISTANCE OF 106.68 FEET, TO A POINT ON THE EAST LINE OF SAID LOT, SAID POINT ALSO BEING THE POINT OF CUSP; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1970.00 FEET, A RADIAL LINE BEARS SOUTH 84`44' 16" EAST; THENCE SOUTHERLY ALONG SAID CURVE AND ALONG SAID EAST LINE OF SAID LOT THROUGH A CENTRAL ANGLE OF 02°57' 13", AN ARC DISTANCE OF 101.55 FEET, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.01 ACRES (469 SQ. FT.) MORE OR LESS. PARCEL`B" BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 18; BEING THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY HAVING A RADIUS OF 1970.00 FEET, A RADIAL LINE BEARS SOUTH 85-11'37" EAST; THENCE SOUTHERLY ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 00 27' 21" AN ARC DISTANCE OF 15.67 FEET; THENCE NORTH 48`00'55" WEST, A DISTANCE OF 23.77 FEET, TO A POINT IN THE NORTHERLY LINE OF SAID LOT; THENCE SOUTH 89`08'09" EAST, ALONG SAID NORTHERLY LINE OF SAID LOT, A DISTANCE OF 19.05 FEET, TO THE POINT OF BEGINNING. AUGUST 13, 2004 SHEET 2 OF 2 THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.003 ACRES (149 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE HEREOF. FRED W. DOER R.C.E. DATE EXPIRES 6/30/2 5 CRV C TEMEC. WUNOMY VICINITY MAP NTS. p LEGEND EXHIBIT 'B" Sg5/p0 � d=00'27'21" 5 ' R=1970.00' N48100'55'W ' L=15.67' 23.77' P.O.B. $79 4.E i PARCEL RAD 149 SQ.FT. 0 i0 LOT 18 Q 7l),F87 AID. 2 .42 -1 PP119,05V Vill,Q. O :n 1' , O O [CO W`,63\%` V II Rqp � I 7 0 p P 9 y� ¢ 9 SP.FT ���aa 122g9 4 0% N�OD453pE h/ 30, 1 P.O.B. POINT OF BEGINNING. r�� LJr 29 1A.111,41JAI 2JPV-22 lr19..11 I -'I S8910809 E 66.36' _ f= 47.32' � lot ® INDICATES T.C.S.D. EASEMENT TO BE GRANTED PREPARED BY.- HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT d LOT 18 LINE TABLE LINE BEARINGS DISTANCE L1 S70'0453"W 10.51' SHEET 1 OF i SCALE 1"= 30' I ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 5.41J DI FC=0 SS. On qbefore me, I -.A. PMEe - l Pu6u� (DATE) IrNOTARY) personally appeared 1, S51 SIGNER(S) ❑ personally known to me - OR - t. 1 EMERY 16. ContmWbnI14816b0sm DNpo Counh Comm. bomApr 9, 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 signatures(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. NOTARY'S SIGN R OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEYAN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IFS) 5 NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER E 0 n APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA 0 Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 above use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A " which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 WHERE OF; been executed this _day of OC-T- 2004. Signature: Print/Type Name: Lisa Gordon Position: President this instrument has Rbmithb\Fmms\Ca t&Easement DeedsUAndscape-Wall Mamtc=n Easement Deed.dm AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 19, TRACT NO. 26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 19; THENCE NORTH 79'20'07" WEST, ALONG THE SOUTH LINE OF SAID LOT, A DISTANCE OF 13.31 FEET, TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY HAVING A RADIUS OF 2749.09 FEET, A RADIAL LINE BEARS SOUTH 74`34'37" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 °55'36", AN ARC DISTANCE OF 92.44 FEET; THENCE NORTH 50'24'44" WEST, A DISTANCE OF 4.18 FEET, TO A POINT IN THE NORTHWESTERLY LINE OF SAID LOT; THENCE NORTH 70°04'53" EAST, ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 10.51 FEET, TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY HAVING A RADIUS OF 1970.00 FEET, SAID CURVE ALSO BEING THE EASTERLY LINE OF SAID LOT, A RADIAL LINE BEARS SOUTH 81°47'03" EAST, TO A POINT OF TANGENCY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02026'56", AN ARC DISTANCE OF 84.20 FEET; THENCE SOUTH 10'39'53" WEST, ALONG SAID TANGENT AND EASTERLY LINE, A DISTANCE OF 15.43 FEET, TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.02 ACRES (923 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF. FRED W. DOERG , R.C.E. ATE EXPIRES 6/30/2 5 oQaOFESSIO EXHIBIT 'B" Exp,6Bd fj .1Jr v 122 39 G Wo,D� g311 8a h LOr r�Ar �s yr�pp�IJ, a:�: �l Iv' O RV N7920p,7W1.21, \ W 104.51• LT Q� LEDGEND 9wo POINT OF BEGINNING. ®INDICATES T.C.SD. EASEMENT TO BE GRANTED 923 SQ.FT., 0.02 ACRES PREPARED BY.- HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT ma S PJi- BEOVNGp�NM P..IECI SITE a VICINITY MAP N.T 5 LOT 19 LINE TABLE LINE BEARINGS DISTANCE Li N7920'070W 13.31, L2 N502444"W 4.18' L3 N70'04'53"E 10.51' L4 S10'39'53"W 15.43' SHEET 1 OF 1 o SCALE 1"= 30' ALL-PURPOSE ACKNOWLEDGEMENT State of California �G County of SM DIE645 SS. On before me, L A EMERL/' AlOT.4Rl/ZIC�UG (DATE) (NOTARY) personally appeared C-49DW SIGNERISI personally known to me - OR - MY WNl0E03LR Comm Notary PulAc - CaWomla San Diego County @,My Comm. Eaxplrei Apr V, ❑ 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 signatures(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. NOTARY'S SIGNAT OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: ail ..ILJt &is1 loimlinelLi NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IFS) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7. 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 pplat attached hereto and marked Exhibit "B" been execut this iL ay of DGT 2004. Signature: Print/Type Name: Lisa Gordon Position: President IN WITNESS WHERE OF; this instrument has R\mithbVF \Gtmt & Emma Dft&\Lendscapo-Wsn Maintemna Easement Deed.dm AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 20, TRACT NO. 26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 319, PAGES 79 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 20; THENCE NORTH 79° 20' 07" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 10.37 FEET; THENCE NORTH 10` 39' 53" EAST, A DISTANCE OF 61.20 FEET; THENCE NORTH 35' 41' 58" WEST, A DISTANCE OF 4.06 FEET, TO A POINT IN THE NORTHERLY LINE OF SAID LOT; THENCE SOUTH 79° 20' 07" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 13.31 FEET, TO THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 10* 39' 53" WEST, ALONG SAID EAST LINE OF SAID LOT, A DISTANCE OF 64.00 FEET, TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.02 ACRES (668 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF. FRED W. DOER , R.C.E. 16526 ATE EXP. DATE 6/3 2005 EXHIBIT 'B" clw� TEWC. bwN y VICINITY MAP N.TS. � O — N7970'074W Q r 0 ry 104.51' �l Q' 1P� LOT 20 o I 1 jy A YUZI rP y y�ry �n 1 Lu N7g70'0 7•1 9 39' 119.76' 3p' LEDGEND P.O.B. POINT OF BEGINNING. ®INDICAIES T.C.S.D. EASEMENT TO BE GRANTED 668 SQ.FT., a02 ACRES PREPARED BY: HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT LOT 20 LINE TABLE LINE BEARINGS DISTANCE L 1 N79 20'07"W 10.37' L2 N35 41'S8"W 4.06' L3 57920'07"E 13.31' SHEET 1 OF i W.O. SCALE 1"= 30' ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 54hi Qfca�rn SS. On /0-a -�* before me, A. R/touG , (DATE.) (NOTARYI personally appeared aS4 C-ib GNER(S) personally known to me - OR - I. A. EMERY Commlubn M 1401 NO No" PWNI; cowomlo San DNpo Caurdy QMv Comm. Expka Apr 9, ❑ 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand aj4d official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 4kdx m Maink N�`_y t�7t TITLE E OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7. 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 been executed this ( d tr of txT 2004. Signature: Print/Type Name: Lisa Gordon Position: President B" IN WITNESS WHERE OF; this instrument has AAmithb\Emms\Gmnt & Easement Dft& endscape %U Mainmm m Easemmt Deed.&c AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 21, TRACT NO. 26828-1 IN.THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 21; THENCE NORTH 79'20'07" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 15.48 FEET; THENCE NORTH 15°26'40" EAST, A DISTANCE OF 60.37 FEET; THENCE NORTH 11 °29'20" EAST, A DISTANCE OF 5.84 FEET, TO A POINT IN THE NORTHERLY LINE OF SAID LOT; THENCE SOUTH 79°20'07" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 10.37 FEET, TO THE NORTHEASTERLY CORNER OF SAID LOT; THENCE SOUTH 10'39'53" WEST, ALONG THE EASTERLY LINE OF SAID LOT, A DISTANCE OF 66.00 FEET, TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.02 ACRES (841 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART THEREOF. FRED W. DOERG ' , R.C.E. 16526 UATE EXPIRES 6/30/2 5 n EXHIBIT 'B" tar are N7920 07'W 109.39, 11976' o LOT 21 Aomf �+1 -49v y1�� N7970 p7 W4 52 120.00' Zr IV LE GEND P.O.B. POINT OF BEGINNING. INDICATES U.S.O. EASEMENT TO BE GRANTED 841 SQ.FT., 0.02 ACRES PREPARED BY. HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT VICINITY MAP ..Is. LOT 21 LINE TABLE LINE BEARINGS DISTANCE L l N7970'070W 15.48' L2 N11-29'20"W 5.84' L3 S79-20'07"S 10.37' SHEET 1 OF 1 910 SCALE 1 "= 30' ALL-PURPOSE ACKNOWLEDGEMENT State of California County of St1 SS. M 17/�ZC On b0 - / L -C4-- (DATr) personally appeared U _� personally known to me - OR before me, L.A. C:ML-w -&l>pQ 1 4ti-.joc , ._ (NOTARY) ❑ 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my ha9d and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT 4 NUMBER OF PAGES DATE OF DOCUMENT OTHER s° RIGHT THUMBPRINT a OF E SIGNER10 a a APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA In Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 this line for Recorder's DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A " which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 WHERE OF; been executed this _ day of 0 T , 2004. Signature: Print/Type Name: Lisa Gordon Position: President this instrument has k\=thb\Fa \Griot & Fms at Dft&U aadsmmWa11 Mau t =" Fm mmt Dmd.&o AUGUST 13, 2004 SHEET I OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 22, TRACT NO.26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 22; THENCE NORTH 79°20'07" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 15.50 FEET; THENCE NORTH 15 `22' 15" EAST, A DISTANCE OF 60.56 FEET; THENCE NORTH 30`37'53" WEST, A DISTANCE OF 7.51 FEET, TO A POINT IN THE NORTHERLY LINE OF SAID LOT; THENCE SOUTH 79`20'07" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 15.48 FEET, TO THE NORTHEASTERLY CORNER OF SAID LOT; THENCE SOUTH 10°39'53" WEST, ALONG THE EASTERLY LINE OF SAID LOT, A DISTANCE OF 66.00 FEET, TO THE POINT OF THE BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.02 ACRES (859 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART THEREOF. FRED W. DOERGE .C.E. 16526 E EXPIRES 6/30/20 r EXHIBIT 'B" I 301 '� 461- — N79:?0177'W 120.00' Q � G W LOr �2 / r�r,,for ,►i�, N.r o �r��vu r'%yJJ sv h N7920'07 W 50' I LT , pOfESSlO / DO � No. 110m • E><q LEDGEND P.O.B. POINT OF BEGINNING. ®INDICATES T.C.S.D. EASEMENT TO BE GRANTED 859 SQ.FT., 0.02 ACRES PREPARED BY. HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT WR IETA, T 6PRINGS RCVJ p`IE �E TI.YO EECIAA 9WHOMY PROJECT SITE ''eeVLL SEI S ROPD � p0� VICINITY MAP N.T.S. 30' LOT 22 LINE TABLE LINE BEARINGS DISTANCE L1 N7920'07"W 15.50' L2 N30'3753"W 7.51' L3 S7920'07"E 15.48' SHEET 1 OF 1 W.O. SCALE 1"= 30' ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 94�4 plac:;!n SS. On before me, EMERI(_ 7 �Ll$IJCi (DATE) (N ARYI personally appeared L 54 66!?L� SIGNER(S) Xpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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. NOTARY'S SIGNATU OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IFS) Londczoona Lti _? l[11� V)Lc r fi TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER t° E n a E a a APA 5199 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7. 2004 CITY OF TEMECULA 0 Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 WHERE OF; this instrument has been executed this d of (ELT 2004. Signature: Printrrype Name: Lisa Gordon Position: President RAsmithb\Fmms\Gmt& Easement DOOMAndscapcWell Mamtea Eascm tDeed.dw AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 23, TRACT NO. 26828-1 IN THE CITY OF TEMECULA AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 23; THENCE NORTH 79°20'07" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 15.27 FEET; THENCE NORTH 15°56'55" EAST, A DISTANCE OF 60.41 FEET; THENCE NORTH 34`02'40" WEST, A DISTANCE OF 8.23 FEET, TO A POINT IN THE NORTHERLY LINE OF SAID LOT; THENCE SOUTH 79°20'07" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 15.50 FEET, TO THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 10'39'53" WEST, ALONG THE EAST LINE OF SAID LOT, A DISTANCE OF 66.00 FEET, TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.02 ACRES (825 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART THEREOF. FRED W. DOERGES .C.E. 16526 DATE EXPIRES 6/30/2005 Ma 16, 2 Exp. OF CAl NVRRIET/.I T SPRINGS R cn a S,.VF. SWNp -c� y PROJECT W RA N.GEN Gpp FOSE� _U VICINITY MAP NTS EXHIBIT "B" AI7920,07_ w -----�04 50, 120.00• g Z 07- 23rye, �l�r�v ,//�' pIJgN �J�7� n .1 Ave/Jl Il-7,�y 104.7d' N7920O4 W' 120.00' '0r 14 LEDGEND P.O.B. POINT OF BEGINNING. ®INDICATES T.C.S.D. EASEMENT TO BE GRANTED 825 SOFT, 0.02 ACRES PREPARED BY.- HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT SCALE 1"= 30' I 30, r �• L3 ' Q rr, i O >Q r h h � o � L1 .O r n Li r N LOT 23 LINE TABLE LINE BEARINGS DISTANCE L1 N7920'07"W 15.27' L2 N34'02'40"W 8.23' l3 S7920'07"E 15.50' SHEET 1 OF i F M ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 64/d DIF66 SS. IDATF� personally appeared U19 beforeme, L FMW—ti!U(f1121/ l3L!G • (NOTARYI personally known to me - OR L. A EMERY Commblort N t 481liS0 Notary Pubk CW to nia San DMpo CourdV 611MV Comm. Ezpka Apr 9, ❑ 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 signatures(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. NOTARPS SIG TURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IFS) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA M Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 lat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this (� day C cT— 2004. Signature: PrintfType Name: Lisa Gordon Position: President RAamithb\F0m NGtmt & Eu mmt DxdsU mdscapo-Wall Kdatemw E mmmt Deed.dac AUGUST 13, 2004 SHEET 1 OF I EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 24, TRACT NO. 26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 24; THENCE NORTH 79'20'07" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 8.24 FEET; THENCE NORTH 11'46'27" EAST, A DISTANCE OF 60.32 FEET; THENCE NORTH 44°35'06" WEST, A DISTANCE OF 9.98 FEET, TO A POINT IN THE NORTHERLY LINE OF SAID LOT; THENCE SOUTH 79°20'07" EAST, ALONG THE SAID NORTHERLY LINE, A DISTANCE OF 15.27 FEET, TO THE NORTHEASTERLY CORNER OF SAID LOT; THENCE SOUTH 10°39'53" WEST, ALONG THE EASTERLY LINE OF SAID LOT, A DISTANCE OF 66.00 FEET, TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.01 ACRES (525 SQ. FT.) MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. FRED W. DOERGE , R.C.E. tATE EXPIRES 6/30/2005 MVRRIETAWT SPRINGS RO R pVE' TIE.CITY 9WxON+Y y SITE s �M RRA ROeD N GE�N,N SEFIR E RO � SNpW N VICINITY MAP NT S. EXHIBIT "B" "or -?IV N7-- �lov %j' 120 00' LOT 24 A1JJif ll A-4a�o 0-7-IVV N7920 07 W 6-1 - - - - - 120. 00, LEDGEND P.O.B. POINT OF BEGINNING. INDICATES T.C.S.D. EASEMENT TO BE GRANTED 525 SQ.FT., 0.01 ACRES PREPARED BY.- HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT 4 N Z U N LOT 24 LINE TABLE LINE BEARINGS DISTANCE Ll N7920'07"W &24' L2 N4435'06RW 9.98' L3 S7920'07"E 15.27' SHEET i OF 1 SCALE 1"= 30' ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of :�� DIFL?O On L before me, lJ6Ti4f�ll a113� 1 L personally appeared Ua4 CMIS SIGNER(S) personally known to me - OR - 1. A. EMERY � ikdon # 1481580 so rlolary rub4c • C 00MIa San Dlpo County My Comm. Ezplta Apr 9.2 ❑ 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 signatures(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. NOTARY'S SIGN RE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT j anjsc�� MAin�. C&sg c -� T TITLE OR TYPE OF DOCUMENT 4- NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IFS) RIGHT THUMBPRINT OF SIGNER ARA 5N9 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA 0 Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 aWhed hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this (Aav ef-?v. ID447^ .2004. Signature: Print/Type N$me;,,Lisa Gordon Position: President R:Asmithh\For \Cre t & Easement Deeds\Landscape-Wall Maintenance Easement Deed.doc AUGUST 13, 2004 SHEET 1 OF I EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 25, TRACT NO. 26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 25; THENCE NORTH 79°20'07" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 11.72 FEET THENCE NORTH 18°40'00" EAST, A DISTANCE OF 61.51 FEET; THENCE NORTH 34°19'34" WEST, A DISTANCE OF 7.19 FEET, TO A POINT IN THE NORTHERLY LINE OF SAID LOT; THENCE SOUTH 79°20'07" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 8.24 FEET, TO THE NORTHEASTERLY CORNER OF SAID LOT; THENCE SOUTH 10°39'53" WEST, ALONG THE EASTERLY LINE OF SAID LOT, A DISTANCE OF 66.00 FEET, TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.01 ACRES (482 SQ. FT.) MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. FRED W. DOER , R.C.E. 16526 ATE EXPIRES 6/30/ 5 t.. m EXHIBIT "B" iZ�7 24 IV7920 p7-W �L76' 12000' N79p007;W 112 45' - 7ROFESS/per DpFq�yy� Ex t s� t R� LEDGEND P.O.B. POINT OF BEGINNING. ®INDICATES T.C.S.D. EASEMENT TO BE GRANTED 482 SQ.FT., 0.01 ACRES PREPARED BY.- HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT VICINITY MAP ",s. LOT 25 LINE TABLE LINE BEARINGS DISTANCE L1 S7920'07"E 11.72' L2 N347934"W 7.19' L3 S7920'07"E 8.24' SHEET 1 OF 1 SCALE 1"= 30' ALL -'PURPOSE ACKNOWLEDGEMENT State of California � A � � SS. County of ' H On before me, L.,A. EMERy-Mor.42y ;1 (NGTARY) personally appeared C.PCQL)q SIGNER(S) personally known to me - OR - 1.; EMERY CanmWlort t 14816e0 Mean DNpo Canty QMV Comm. EI plApr 9, ❑ 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNEESa S my hand and official seal. &—A �• NQfARY'S SIB TUBE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) DESCRIPTION OF ATTACHED DOCUMENT L&dsG�rrTITL OaTnf YPE O DOCU MENT ❑ PARTNER(S) It ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY -SIERRA, 500-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA l-3 Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A " which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 WHERE OF; this instrument has been executed this ay of LET- 12004. Signature: Print/Type Name: Lisa Gordon Position: President RASMithbTF \Gmm & Easmwm Deedsu.andscape-Wall Maven Easemmt Deod.dw AUGUST 13, 2004 SHEET I OF I EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 26, TRACT NO. 26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 26; THENCE NORTH 59°29'05" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 12.12 FEET; THENCE NORTH 14°41'27" EAST, A DISTANCE OF 75.29 FEET; THENCE NORTH 34` 19'34" WEST, A DISTANCE OF 7.93 FEET, TO A POINT IN THE NORTHERLY LINE OF SAID LOT; THENCE SOUTH 79°20'07" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 11.72 FEET, TO THE NORTHEASTERLY CORNER OF SAID LOT; THENCE SOUTH 10`39'53" WEST, ALONG EASTERLY LINE OF SAID LOT, A DISTANCE OF 84.82 FEET, TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.02 ACRES (731 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART THEREOF. /. 14 /Z Z liz/ FRED W. DOER , R.C.E. 16526 bATE EXPIRES 6/30/ 05 EXHI81 T 'B" N7920'07' 11245' �Zy LLUctNU P.O.B. POINT OF BEGINNING. ®INDICATES T.C.S.D. EASEMENT TO BE GRANTED 731 SQ.FT., a02 ACRES PREPARED BY.- HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT G VICINITY MAP "t.s. II w ON LOT 26 LINE TABLE LINE BEARINGS DISTANCE L l N59 29'05"W 12.12' L2 N34'19'34"W 7.93' L3 57920'07 E 11.72' SHEET 1 OF 1 SCALE 1"= 30' ALL-PURPOSE ACKNOWLEDGEMENT State of California County of __54A( a6clo SS. On 0-12 • Doi before me, L• F}. -lE12� - I.1 oTs�2V PuL3L! L , (DATF.) fNOTA personally appeared 4154 6C-qMq 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(ies), and that by his/her/their I•AEMERY signatures(s) on the instrument the person(s), Commission +r t NakirY N+blle • CaNlomlor the entity upon behalf of which the oomto 8anDkwCourov - person(s) acted, executed the instrument. QMY Comm. EWkft Apr 9. WITNESS my hind and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TrME(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENT[TWES) r I /_. 7*cli W;Lwj N pill 4 NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT THUMBPRINT a OF E SIGNER APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 Recorder's use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 theplat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this day of &CIT .2004. Signature: Print/Type Name: Lisa Gordon Position: President RAsmithb\Fmms\Gran[ & Easement Deeds\LandscapaWell Mainte "Easement Deed.dm AUGUST 13, 2004 SHEET I OF I EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 27, TRACT NO. 26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 27; THENCE SOUTH 10°39'53" WEST, ALONG THE EASTERLY LINE OF SAID LOT, A DISTANCE OF 61.13 FEET, TO AN ANGLE POINT IN SAID LOT; THENCE SOUTH 50°20'51" WEST, FROM SAID ANGLE POINT IN SAID LOT, A DISTANCE OF 35.76 FEET, TO AN ANGLE POINT IN SAID LOT; THENCE NORTH 89°58' 11" WEST, FROM SAID ANGLE POINT IN SAID LOT, A DISTANCE OF 18.53 FEET, TO THE SOUTHWESTERLY CORNER OF SAID LOT; THENCE NORTH 30°50' 13" WEST, ALONG THE SOUTHWESTERLY LINE OF SAID LOT, A DISTANCE OF 21.15 FEET; THENCE NORTH 89° 19' 18" EAST, A DISTANCE OF 23.90 FEET; THENCE NORTH 56°32'25" EAST, A DISTANCE OF 24.24 FEET; THENCE NORTH 13°24'50" EAST, A DISTANCE OF 58.83 FEET, TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT; THENCE SOUTH 59°29'05" EAST, ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 12.12 FEET, TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.04 ACRES (1,658 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART THEREOF. FRED W. DOERG , R.C.E. 16526 D E EXPIRES 6/30/2 EXHIBIT "B" HILLCREST DRIVE 9 o O . \ � W LOT 27 lrl,, r l All 29.e2,q-1 J Na 16A/-,-i'° 11 A L1 l fAWtI v O N89 58'11'W,\ 18.53' RI TA WAY LEDGEND P.O.B. POINT OF BEGINNING. ®INDICATES T.C.S.D. EASEMENT TO BE GRANTED 1,658 SQ.FT., 0.04 ACRES PREPARED BY: HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT P J6 4 VICINm MAP N.T.4 4Sg�9 30 . LOT 27 LINE TABLE LINE BEARINGS DISTANCE Ll N8919'18"E 23.90' L2 N56`3225"E 24.24' SHEET 1 OF 1 W.O. SCALE 1"-- 30' ALL-PURPOSE ACKNOWLEDGEMENT State of California County of SSs. �1�-�d On 12,-04 (DATE) personally appeared u before me, L 4 04CR I ; �l aT ! ,AUC3UG , (NOTARY) personally known to me - OR - L. A. EMERY CommYaon t• I481580 son Diew County QMV Comm. ft""M Apr 9, ❑ 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 signatures(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. NOTARY'S S t TORE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: l� 1 Ia��I_I1:111 lIZ�I NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 5N9 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7. 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 this line for DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 pRlat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this "L- claw —of CaGT 2004. Signature: Print/Type Name: Lisa Gordon Position: President R\smithb\Fmms\Cant & Fa Mmt Dce&U.andscaPo-Well Mainteaaace Easement Deed.dw AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 28, TRACT NO. 26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 28, THENCE NORTH 00'01'49" EAST, ALONG THE WESTERLY LINE OF SAID LOT, A DISTANCE OF 18.30 FEET; THENCE SOUTH 73°55'23" EAST, A DISTANCE OF 25.80 FEET; THENCE NORTH 82°57'53" EAST, A DISTANCE OF 58.47 FEET; THENCE SOUTH 88'55'55" EAST, A DISTANCE OF 11.21 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT; THENCE SOUTH 30*50' 13" EAST, ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 21.15 FEET, TO THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE NORTH 89`58' 11" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 104.88 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.04 ACRES (1,525 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART THEREOF. FRED W. DOERGE .C.E. 16526 D TE EXPIRES 6/30/2005 \ OUND EXHIBIT 'B" S ,,JE' MIIOW BOVNOPF/ 9 PROJECT d SITE UTZ 2 K� POMPP �ppl9 VICINITY MAP HILLCREST DRIVE 1 =35.0 'ar 2.7 IVVJ JV II 11 IVY.UU RI TA WAY LEDGEND P.O.B. POINT OF BEGINNING. INDICATES T.C.S.D. EASEMENT TO BE GRANTED 1,525 SO.FT., 0.04 ACRES PREPARED BY.- HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT SCALE 1"= 30' LOT 28 LINE TABLE LINE BEARINGS DISTANCE L i S73 55'23 E 25.80' L2 I 5885555"E 11.21' SHEET i OF 1 ALL-PURPOSE ACKNOWLEDGEMENT State of California County of =X:;A (� SS. On before me, 1,4. alEkW -6� f ,A.IL u6, IOA .1 ' INOTARYR personally appeared L%54 64 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(ies), and that by his/her/their signatures(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. NOTARYS IGt TORE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY —IN —FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: I TITLE OR TYPE OF DOCUMENT f NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA M Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 above this line for DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 been executed this of OGr 2004. Signature: Print/Type Name: Lisa Gordon Position: President B" IN WITNESS WHERE OF; this instrument has RAsmithb\Fo \Gmt & Easement DeedsU mdscepo-Wall Maintenm« Easement Deed.dw AUGUST 13, 2004 SHEET 1 OF I EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 29, TRACT NO.26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 29, THENCE NORTH 00`01'49" EAST, ALONG THE WESTERLY LINE OF SAID LOT 29, A DISTANCE OF 19.10 FEET; THENCE SOUTH 89°24'20" EAST, A DISTANCE OF 63.62 FEET; THENCE NORTH 45*01'49" EAST, A DISTANCE OF 1.96 FEET, TO A POINT IN THE EASTERLY LINE OF SAID LOT; THENCE SOUTH 00*01'49" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 19.86 FEET, TO THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE NORTH 89`58' 11" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.03 ACRES (1,222 SQ. FT.) MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. FRED W. DOERGE C.E. 16526 ATE EXPIRES 6/30/20 EXHIBIT "B" VICINRxrs MAP (r�� HILLCREST DRIVE L - 55 - =l 5.22 / S79g3571E 41p4' 1 \ n W T ;ads N ts7 -0 r 17) `) N h ci N " a� ti Z caec u `� Ma 1� S8974'20 E 63.62' - E.p.6 j * o � of �rF OQ — N89 58'11"W 65.00' O RI TA WAY LEDGEND P.O.B. POINT OF BEGINNING. ®INDICAFtS T.C.S.D. EASEMENT TO BE GRANTED 1,222 SQ.FT., 0.03 ACRES PREPARED BY. HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT SCALE 1 "= 30' LOT 29 LINE TABLE LINE BEARINGS DISTANCE Ll N4501'49"E 1.96' SHEET 1 OF 1 ALL-PURPOSE ACKNOWLEDGEMENT State of California � County of ✓.4a DI EC-10 SS. On /0 /2 Of - (DATE) personally appeared U s before me, L I ER-A�Cok'y (NOTARY) rsonally known to me - OR - L A EMERY CommkOm # 1481560 San DMpo Courtly 10MV Comm. E"m Apr 9,2004 ❑ 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER LGt✓XIS�lY�=�,Qlh�. �L1SC'rYy� 17C'r'� TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) df ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER OTHER m EE "a APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 above this line for DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A " which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 lat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this a / of (.LT 2004. Signature: Pdnt/Type Name: Lisa Gordon Position: President RAS=thbTE kGant & Easement DeedsUndscapo-%H Maintenance Easement Deed.doc AUGUST 13, 2004 SHEET I OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 30, TRACT NO.26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 30, THENCE NORTH 89*58' 11" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 66.33 FEET, TO AN ANGLE POINT IN SAID LOT; THENCE NORTH 44*58' 11" WEST, FROM SAID ANGLE POINT IN SAID LOT, A DISTANCE OF 21.21 FEET, TO AN ANGLE POINT IN SAID LOT; THENCE NORTH 00°01'49" EAST, FROM SAID ANGLE POINT IN SAID LOT, ALONG THE WESTERLY LINE OF SAID LOT, A DISTANCE OF 90.00 FEET, TO AN ANGLE POINT IN SAID LOT; THENCE SOUTH 89'58' 11" EAST, A DISTANCE OF 3.94 FEET; THENCE SOUTH 07°55'37" EAST, A DISTANCE OF 88.08 FEET; THENCE SOUTH 89`22'57" EAST, A DISTANCE OF 63.23 FEET; THENCE NORTH 45*01'49" EAST, A DISTANCE OF 2.80 FEET, TO A POINT IN THE EASTERLY LINE OF SAID LOT; THENCE SOUTH 00*01'49" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 19.10 FEET; TO T14E POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.05 ACRES (2,188 SQ. FT.) MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. FRED W. DOERGES, R.C.E. 16526 EXPIRES 6/30/2005 .....saow�— `Dm, o< EXHIBIT "B" tEMECVIA �PVF- BWxDNry ROJECT ll SITE 4 W y N �.NFPNp ROPD [yN�O. KfP a00 Exp.4 aDW VICINITY MAP `rl rf N.T $. O HI LLCREST DRIVE o L=aJ2' 56L02' Z�-\ 1 =" 35' I �' ) N \ 5 o cr y. u� oW 1r1 ' 1 , I WL . ? ::5 o Z _ V ( � L3 !_ O 1— 5897257E 63.23' N8958'11"W 66.33' I RI TA WAY Q°0% LEDGEND P.O.B. POINT OF BEGINNING. ®INDICATES T.C.S.D. EASEMENT TO BE GRANTED 2,188 SQ.FT., 0.05 ACRES PREPARED BY.- HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT SCALE i'= 30' LOT 30 LINE TABLE LINE BEARINGS DISTANCE L1 N4458'11"W 21.21' L2 S89 58'11 "E 3.94' L3 N4501'49 E 2.80' SHEET 1 OF 1 ALL-PURPOSE ACKNOWLEDGEMENT State of California County of ---A"SS." DIE !�O On - 10 _/Z -L� (DATE) personally appeared`] before me, LIARV I JJAP—V A1131.16, (NOTARY) personally known to me - OR L 0. EMERY COMMkdon • 1481560 Nokuy PuhAc • CaWomla _ IQ Son Diego County MY Comm.F=km Arw v ❑ 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my harW and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER nTLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: za-L iyyaP klwni, Ca -f 7krd 'TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYUES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY -SIERRA, 800362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7. 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 WHERE OF; this instrument has been executed this �— day of 2004. Signature: Printrrype Name: Lisa Gordon Position: President $:�smitbbWF %Great & Easement DeedsVAndscapo-Wan Maintenance Easement Deed.da AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 31, TRACT NO.26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 31; THENCE NORTH 00001'49" EAST, ALONG THE WESTERLY LINE OF SAID LOT, A DISTANCE OF 26.78 FEET; THENCE SOUTH 44059' 10" EAST, A DISTANCE OF 3.39 FEET; THENCE SOUTH 89017'22" EAST, A DISTANCE OF 50.59 FEET; THENCE NORTH 45001'49" EAST, A DISTANCE OF 6.38 FEET; THENCE NORTH 00001'49" EAST, A DISTANCE OF 63.37 FEET; THENCE NORTH 08033'40" EAST, A DISTANCE OF 13.19 FEET; THENCE SOUTH 89058' 11" EAST, A DISTANCE OF 8.54 FEET, TO THE NORTHEASTERLY ANGLE POINT IN SAID LOT; THENCE SOUTH 00001'49" EAST, FROM SAID ANGLE POINT IN SAID LOT, ALONG SAID EASTERLY LINE, A DISTANCE OF 90.00 FEET, TO AN ANGLE POINT IN SAID LOT; THENCE SOUTH 45001'49" WEST, FROM SAID ANGLE POINT IN SAID LOT, A DISTANCE OF 21.21 FEET, TO AN ANGLE POINT IN SAID LOT; THENCE NORTH 89058' 11" WEST, FROM SAID ANGLE POINT IN SAID LOT, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 53.00 FEET, TO THE POINT TO BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.05 ACRES (2,374 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF. ox !2� erdy' FRED W. DO C.E. 16526 IIATE EXP. DATE 06/30/ VICINITYMAP �.,s. ;II W U a X4 1 EXHIBIT "B" �111 HILLCREST DRIVE t — 53.00' — L3 N0833'40'E 13.19'Ed 1 P 1 �O O r A� ti 'L O p L 2 O y 1 L2 \ S897722"E 50.59' -._ N8958'110W 53.00' RI TA WAY LED P.O.B. POINT OF BEGINNING. ®INDICATES TC.S.D. EASEMENT TO BE GRANTED 2,374 SQ.FT, 0.05 ACRES PREPARED BY.- HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT SCALE 1"= 30' LOT 31 LINE TABLE LINE BEARINGS DISTANCE L1 S4459'10"E 3.39' L2 N45'01'49"E 6.38' L3 S8958'11 E 8.54' L4 S4501'49"W 21.21' SHEET 1 OF 1 Im ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 64ou DlFG7o, SS. On before me, L 14 . EHn9q- (DATE) �,��`, ' (NOTARY) personally appeared U �7 SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) z •eav+6W4 VXU00Aw Wwo *BM aol WRODO • * M AXM olDli/t a uop�tutuo* AIHN6 Y'7 §j 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 signatures(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 INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrrY(IES) DESCRIPTION OF ATTACHED DOCUMENT l a 6o-kl�rrn�..�1 flI wed TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER E 0 a APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 Recorder's DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 lat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this l day of Dr✓T 2004. Signature: Print/Type Name: Lisa Gordon Position: President R\mmthbTF kGmt & Easement Dxdauandscapo-%H Maintenance Easement Deeddw AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 32, TRACT NO. 26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 32, THENCE NORTH 00'01'49" EAST, ALONG THE WESTERLY LINE OF SAID LOT, A DISTANCE OF 31.19 FEET; THENCE SOUTH 51 °44'59" EAST, A DISTANCE OF 3.44 FEET; THENCE SOUTH 87*48' 15" EAST, A DISTANCE OF 60.34 FEET TO A POINT IN THE EASTERLY LINE OF SAID LOT; THENCE SOUTH 00`01'49" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 26.78 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE NORTH 89*58' 11" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 63.00 FEET, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.04 ACRES (1,765 SQ. FT.) MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. FRED W. DOERG,0, R.C.E. ATE EXPIRES 6/30/ 5 MVRRIETAI T SPRINGS T C EME OMY .� �- BWNOMV VICINITY MAP NT.S. �" "�Ff �$ L=17.87' No.1651' A g.94 Exp� sf9J C C N �� eW v N 0 Z EXHIBIT "B" -lL HILLCREST DRIVE 0 36.43' r t p o � r N N N M �A N 04 Z L1 S8748'15 E 60.34' _._ ! N Q0� X N8958'110W 63.00' RI TA WAY LEGEND P.O.B. POINT OF BEGINNING. ®INDICATES T.C.SD. EASEMENT TO BE GRANTED 1,765 SQ.FT., 0.04 ACRES PREPARED BY: HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT SCALE 1"= 30' LOT 32 LINE TABLE LINE BEARINGS DISTANCE L1 5514459"E 3.44' SHEET 1 OF 1 ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of �- %�/a .��n On d )-12--C+ (DATE.) personally appeared 054 personally known to me before me, NQ ARYI NTIM L A. EMERY Commbpon #t 1481560 Nobry Pl t - Cawwda 10MY Comm. BPM Apr 9 ❑ 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 signatures(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 INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(HIS) T7ITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER Q E E `o APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney r 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 above this line for Recorder's DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 theplat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this 1'4 day of 2004. Signature: PrinUType N me: Lisa Gordon Position: President Msmithbtpmm *=t & Easement DeedsUmdscape•Wall Maintcm Easement Deed.dw AUGUST 13, 2004 SHEET 1 OF I EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 33, TRACT NO. 26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 33, THENCE NORTH 14'27'35" EAST, ALONG THE WESTERLY LINE OF SAID LOT, A DISTANCE OF 20.87 FEET; THENCE SOUTH 86°59' 16" EAST, A DISTANCE OF 21.22 FEET; THENCE SOUTH 89°58'08" EAST, A DISTANCE OF 52.02 FEET, TO A POINT IN THE EASTERLY LINE OF SAID LOT; THENCE SOUTH 00`01'49" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 19.11 FEET, TO THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE NORTH 89*58' 11" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 78.42 FEET, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.03 ACRES (1,464 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART THEREOF. FRED W. DOE S, R.C.E. EXPIRES 6/30 05 VICINITY MAP NT$. a L1 EXHIBIT "B" HILLCREST DRIVE 0 n L=18.53' , 32.10' S89 58'08 E 52.02' N89 58'll "W 78.42' RI TA WAY LEGEND P.O.B. POINT OF BEGINNING. ®INDICATES T.C.S.O. EASEMENT TO BE GRANTED 1,464 SQ.FT., 0.03 ACRES PREPARED BY.- HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT SCALE 1"= 30' T41 LOT 33 LINE TABLE LINE BEARINGS DISTANCE Ll S8659'16"E 21.22' SHEET 1 OF i ALL-PURPOSE ACKNOWLEDGEMENT State of California County of sAM DlFc3r7 ss. On 12 ( before me, L (NOTARY) /Q, Q JL- E kr' �W - PZV P48L L personally appeared SIGNER(S) personally known to me - OR L. A. EMERY _ CommWbn #)1461610 s Son D*W County s My Comm. ExpI Apr 9, ❑ 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 signatures(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 INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIMIES) t&TjXD x l l�inr` rrl � TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER E 0 APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA M Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 above this line for DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 WHERE OF; this instrument has been executed this 17l f hGT 2004. Signature: PrinUType Name: Lisa Gordon Position: President R\vmithb\Fmma\G am & Easement DeedsUm ds<ape-Wall Mmte=m Pasemem Deed.dm AUGUST 13, 2004 SHEET 1 OF I EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 34, TRACT NO.26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 34, THENCE NORTH 37'42' 12' EAST, ALONG THE WESTERLY LINE OF SAID LOT, A DISTANCE OF 43.55 FEET; THENCE SOUTH 52° 17'48" EAST, A DISTANCE OF 2.42 FEET; THENCE SOUTH 72'29'00" EAST, A DISTANCE OF 76.86 FEET, TO A POINT IN THE EASTERLY LINE OF SAID LOT; THENCE SOUTH 14`27'35" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 20.87 FEET, TO THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE NORTH 89*58' 11" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 82.58 FEET, TO AN ANGLE POINT IN SAID LOT; THENCE NORTH 53'40'42" WEST, FROM SAID ANGLE POINT IN SAID LOT ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 17.43 FEET, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.07 ACRES (3,021 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART THEREOF. 4FRED W. DOER G R.C.E. -DATE EXPIRES 6/30/2 5 � CIiY OF �"�pVE TEMECUTA BOVNOMY PROJECT SITE No. VICINITY MAP NTS. EXHIBIT 'B" \II HILLCREST DRIVE Lu 10 cv L1 �� ��41-1 i _ S�Z79 /zw�, bo N89 58'1IOW 82.58' O� O HILLCREST DRIVE LEGEND P.O.B. POINT OF BEGINNING. ®INDICATES T.C.S.D. EASEMENT TO BE GRANTED 3,021 SQ.FT., 0.07 ACRES PREPARED BY., HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT SCALE 1"= 30' LOT 34 LINE TABLE LINE BEARINGS DISTANCE Ll S52'1748°E 2.42' L2 N53.4042"W 17.43' SHEET 1 OF 1 ALL-PURPOSE ACKNOWLEDGEMENT State of California County ofSS. On /0-/L..C,+ (DATE) personally appeared L / 5, ,personally known to me before me, r� (NOTARY T— �m L. A. EMERY Comm;;; t # 1481580 Notary Pubic - CONOM10 San Diego Cotrdy MV Comm. DOW Apt 9. ❑ 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h"d and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT I o5� 11i1_ a l i. TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER m RIGHT THUMBPRINT n OF E SIGNER a 10 APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 GovL Code Sec. 27383 City of Temecula (Space above use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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" been executed this L ay G 2004. Signature: Print/Type Name: Lisa Gordon Position: President IN WITNESS WHERE OF; this instrument has AbmithbTF XGiant & Easement DeedsUamdscspaWell Mamteaaace Easemmt Deed.dm AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 35, TRACT NO. 26828-1 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 318, PAGES 97 THROUGH 100 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 35, THENCE NORTH 70"26'38" EAST, ALONG THE NORTHERLY LINE OF SAID LOT, A DISTANCE OF 14.79 FEET; THENCE SOUTH 17'56' 19" EAST, A DISTANCE OF 18.00 FEET; THENCE SOUTH 29°36'07" EAST, A DISTANCE OF 50.16 FEET; THENCE SOUTH 40°10'06" EAST, A DISTANCE OF 26.72 FEET, TO THE SOUTHERLY LINE OF SAID LOT: THENCE SOUTH 37°42' 12" WEST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 43.55 FEET, TO THE SOUTHWESTERLY LINE OF SAID LOT; THENCE NORTH 53°40'42" WEST, ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 033, TO AN ANGLE POINT IN SAID LOT; THENCE NORTH 17`23' 13" WEST, FROM SAID ANGLE POINT IN SAID LOT, ALONG THE WESTERLY LINE OF SAID LOT, A DISTANCE OF 115.75 FEET, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.06 ACRES (2,464 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART THEREOF. FRED W. DOERGE .C.E. 16526 TE EXPIRES 6/30/20 TE.EC oou�. I EXHIBIT "B" V POA F aar9 'i • �P]P%P�9 N� VICINITY MAP �ri�� g•E Og 13� AO� i 3 0' a uo , u� w l 0 W Q h N N53'40'42"W 0.33' LET 3 �a0l Z4 �� RI TA WAY LEDGEND POINT OF BEGINNING. INDICATES T.C.S.D. EASEMENT TO BE GRANTED Z464 SO.FT., 0.06 ACRES PREPARED BY.• HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT No. LOT 35 LINE TABLE LINE BEARINGS DISTANCE L1 S1756'19"E 1&00, L2 I S40'10'06"E 26.72' SHEET 1 OF 1 SCALE 1"= 30' ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 64t4 DIL-w SS. On l l'L "L before me, (DA ) INOTARYI personally appeared LI:Yi Ux personally known to me - OR 1. a EMERY Commtulw s 1461660 Notary Pubsc - Cdlfomla son Dupo eouMy L190'My Comm, Etlplre� Apr 9, ❑ 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 signatures(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. A0. SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TnIE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 1001eyy,f?e- ly'tl ink Ett'rrtrrH Deecl TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IFS) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 this line for DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A " which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 WHERE OF; this instrument has been executed this d of 2004. Signature: Printrrype Name: isa Gordon Position: President RAsmift\Forms\Gant & Easement Deeds\L=dswpaW0 Maine== Easement Deed.dw AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 1, TRACT NO.26828-2 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 319, PAGES 1 THROUGH 4 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH 72`36'47" EAST, ALONG THE NORTHERLY LINE OF SAID LOT, A DISTANCE OF 20.87 FEET; THENCE SOUTH 00°50'55" WEST, A DISTANCE OF 13.48 FEET; THENCE SOUTH 53° 17' 19" EAST, A DISTANCE OF 8.25 FEET; THENCE SOUTH 19`33'22" EAST, A DISTANCE OF 55.66 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT; THENCE SOUTH 70°26'38" WEST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 23.61 FEET, TO THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 17*23' 13" WEST, ALONG THE WESTERLY LINE OF SAID LOT, A DISTANCE OF 76.00 FEET, TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.04 ACRES (1,632 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF. 44/t-l/ O/ FRED W. DOERGE C.E. 16526 TE EXPIRES 6130120 cm or 9 M.D M. VICINITY MAP N.,s. EXHIBIT "B" IN S1�'38 S�'W 12'36 �1"E 95139 20• N / k �pT �1104 r; g,o�r�:,! pi�75 LEDGEND P.O.B. POINT OF BEGINNING. ®INDICATES T.C.SD. EASEMENT TO BE GRANTED 1,632 SQ.FT., 0.04 ACRES PREPARED BY HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT s LOT 1 LINE TABLE LINE BEARINGS I DISTANCE L1 S0050'557W 13.48' L2 S5377'19"E 1 &25' SHEET 1 OF 1 SCALE l'= 30' ALL-PURPOSE ACKNOWLEDGEMENT State of California County of S4Ii 0661) SS. On 10-1 7--C4 before me, L.A. emeEkta - &LOTAfW ` JO! (DATE) I (NOTARY) T personally appeared USA 6&1e0(;wA SIGNER(S) personally known to me - OR - lot ❑ 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hatt,(1 and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITWES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER E 0 n APA 5/919 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 above this line for Recorder's DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 lat attached hereto and marke -Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this ! f 2004. Signature: Print/Type Name: Lisa Gordon Position: President R:\=ithb\Fo \G mt & Easement DeedsU mdscapo-Wall M=tc=m Fa emem Deed.doc AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 2, NO. 26828-2 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 319, PAGES I THROUGH 4 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 17023' 13" WEST, ALONG THE WEST LINE OF SAID LOT, A DISTANCE OF 55.35 FEET: THENCE SOUTH 38002'38" EAST, A DISTANCE OF 59.15 FEET, TO A POINT IN THE SOUTHERLY LINE OF SAID LOT; THENCE SOUTH 72036'47" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 20.87 FEET, TO THE POINT OF THE BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.01 ACRES (577 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF. FRED W. DOERGE .C.E. 16526 D TE EXP. DATE 06/30/05 SPRINGS VICINITY MAP N.i 5. ` N i� Z i Q. w `''= �o 0 LEGEND wm POINT OF BEGINNING. EXHIBIT "B" 10 9 116 pp, N12,36,41•E L.01 2 0l0-1 � 0l0 �0 0 000� - j.:} INDICATES T.C.S.D. EASEMENT TO BE GRANTED 577 SQ.FT., 0.01 ACRES PREPARED BY HALL & FOREMAN, INC. 7EMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT L=1.27' SHEET 1 OF 1 re SCALE i"= 30' ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of S' Al [)/r-y�j r-) On l 0 - / 2 (xi- before me, L.H. emy-kU - A/�iA ky ajeo G (DATE) (NOTARY) personally appeared Ll SA 67(RLW 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(ies), and that by his/her/their signatures(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. NOTARY'S SIGNATU OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Wnz(ayr' kii-ll F S>�rr>Pf rf TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) 4— ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTUY(IES) OTHER RIGHT THUMBPRINT € a OF E SIGNER o a APA 5)99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA IS Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 this line for Recorder's DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 WHERE OF; this instrument has been executed t is 12 day of OCT , 2004. Signature: Printrrype Name: Lisa Gordon Position: President 10mthb\Fu=W\ t&Fame tDee&\L= caMWall M=team Fa m=Dec&dm AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 24, TRACT NO. 26828-2 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 319, PAGES 1 THROUGH 4 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; PARCEL"A" BEGINNING AT THE MOST EASTERLY ANGLE POINT OF SAID LOT 24; THENCE NORTH 00"51'51" EAST, FROM SAID ANGLE POINT OF SAID LOT, ALONG THE EASTERLY LINE OF SAID LOT, A DISTANCE OF 50.00 FEET; THENCE SOUTH 05`34' 11" WEST, A DISTANCE OF 48.51 FEET; THENCE SOUTH 66`38'09" EAST, A DISTANCE OF 4.31 FEET, TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.00 ACRES (99 SQ. FT.) MORE OR LESS. PARCEL`B" BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 24; THENCE SOUTH 00'51'51" WEST, ALONG THE EASTERLY LINE OF SAID LOT, A DISTANCE OF 23.00 FEET; THENCE NORTH 36'20'36" EAST, A DISTANCE OF 30.03 FEET, TO A POINT IN THE NORTH LINE OF SAID LOT; THENCE SOUTH 86° 14'25" EAST, ALONG THE NORTH LINE OF SAID LOT, A DISTANCE OF 18.18 FEET, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.00 ACRES (209 SQ. FT.) MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. � I'll FRED W. DOERGES .C.E. 16526 ATE EXPIRES 6/30/200 E e ' --META-1 SPRINGS ROPO TFMEC SW.DM 4 d PROJECT SITE rc p N NERPE� µ OsEml1YR JEPP R. �PO'D N VICINITY MAP NTS. L or 219 EXHIBIT 'B" O1 49 'Flfl r'r AID. 29929 9JJ,V 119, 66.80' N86--�_ in N W N Off='' J Pt s, pp 1 � !n � Z7 � 2 t 18.18' 30' 8 i SQF�• 06 P,2�gi z 30' i h L=22.41' 25.00' 99 SPF T. EASTGATE PARKWAY - -CL- LEDGEND P.O.B. POINT OF BEGINNING. ® INDICATES T.C.S.D. EASEMENT TO BE GRANTED PREPARED BY.• HALL & FOREMAN, INC. TEMECULA COMMUNITY SERNCES DISTRICT LANDSCAPE EASEMENT LOT 24 LINE TABLE LINE BEARINGS DISTANCE L1 N6638'090W 4.31' L2 S0051'51"W 23.00' L3 N36'20'36"W 30.03' SHEET i OF 1 SCALE 1'= 30' ALL-PURPOSE ACKNOWLEDGEMENT State of California County of G'4�j OI E�-:1U SS. On 1Q /Z_C4 (DATE) personally appeared U `ice before me, tit y — %�Tf{%'� P0006 , �N ,personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my I),ar[d and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER nTLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Larl�Y� mai4 r��r'rf ci TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER >P a E `6 10 APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92689-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space above DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 WHERE OF; this instrument has been executed this 12- 2004. Signature: Print/Type e: Lisa Gordon Position: President R\smithb\Fo \Grant d Easement De &UndtcepaWell Maintenance Easemem Deed.dm AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 25, TRACT NO. 26828-2 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 319, PAGES 1 THROUGH 4 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 25, THENCE NORTH 89' 08' 09 WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 19.05 FEET, TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY HAVING A RADIUS OF 4322.24 FEET, A RADIAL LINE BEARS SOUTH 80°59'01" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 °08'52" AN ARC DISTANCE OF 86.59 FEET; THENCE NORTH 69`22'53" EAST, A DISTANCE OF 12.65 FEET, TO THE EASTERLY ANGLE POINT OF SAID LOT, ALSO BEING THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY HAVING A RADIUS OF 1970.00 FEET, A RADIAL LINE BEARS SOUTH 87°49'39" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02`38'02", AN ARC DISTANCE OF 90.56 FEET, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.03ACRES (1,359 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART THEREOF. RED W. DOERG , R.C.E. ATE EXPIRES 613012 5 EXHIBIT "B" EASTGATE PARKWAY 1=15.54' L-22.41' 14.49' L� Lo o 'n as co 1 30' h O Lu �- l 1 7 cc O N Z7 II 4 h o = ((N,, o �"OQS 1j CL N \ 1 / W 53.87' — 19.05 = N89 08'09'W 7291' Cn p �� 15A 0119 c,(P40 � 30' AF 0.1 Z=i�laa LEDGEND P.D.B. POINT OF BEGINNING. CL� INDICATES T.C.S.D. EASEMENT TO BE GRANTED 1,359 SOFT, 0.03 ACRES PREPARED BY.- HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT MURRIETA, T SPRINGS Cm CE TEMECIM Pam" BWNOMY OWNS 9 PROJECT d SITE c n N FN� voTn°o i N PO" JR� Rob i " VICINITY MAP MT.S. 0 LOT 25 LINE TABLE LINE BEARINGS DISTANCE Ll N69Z253 E 12.65' SHEET 1 OF 1 SCALE 1"= 30' ALL-PURPOSE ACKNOWLEDGEMENT State of California �� SS. County of 5A4 r�lF%� On 10-12. -CYI (DATE personally appeared 1.64- before me, ( A(�LIIhUL- NO ARY) personally known to me - OR - L A. EMERY rA Commbsion R 1481630 Nowypwft cowwrla San MOW COW* My Comm. EtgfYN Apt 9, ❑ 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 signatures(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. 1 I N ARY S SIGNATU rD OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER FIT F(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) IT E OR TYPE OF DOCUMENT 4- NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT THUMBPRINT - OF E SIGNER a APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 Recorder's use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 WHERE OF; this instrument has been executed this L f 2004. Signature: Printlrype Name: Lisa Gordon Position: President R:�Smithb\FO=NGmt & Easement De MAndscnpe %H Msintem Essemmt Deed.doc AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 20, TRACT NO. 26828 IN THE CITY OF TEMECULA AS SHOWN BY MAP ON FILE IN BOOK 319, PAGES 5 THROUGH 9 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 20; THENCE NORTH 89° 55' 14" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 3.22 FEET; THENCE NORTH 07` 03' 32" EAST, A DISTANCE OF 29.84 FEET, TO A POINT IN THE EASTERLY LINE OF SAID LOT; THENCE SOUTH 00' 5V 5 1 " WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 29.62 FEET, TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.00 ACRES (48 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF. FRtD W. DOE ES,;�OrC.E. 16526 YATE EXP. DATE 6/30/2 ..,E, IqT SVRIHGS M p`IE 0 TEMEC WNDMY 8WNDA Y g PROJECT d SITE GENEPHG NOM N N U �S POS S �y " VICINRY MAP H.T S 0 O O aW EXHIBIT "B" N89 55'14"W 70.55' HIGHLAND VISTA CIRCLE J 17.79' J L1 LEDGEND P.O.B. POINT OF BEGINNING. ®INDICATES T.C.S.D. EASEMENT TO BE GRANTED 48 SOFT, 0.001 ACRES O Z� T� 3 n !n Q �n 0 rrLu^ vJ 30' J/ P.p.6 I J/ I PREPARED BY. HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT 0 M zll J U N LOT 20 LINE TABLE LINE BEARINGS DISTANCE L l N89 55'14"W 3.22' L2 N07b3'32"E 29.84' L3 S00'51'51 "W 29.62' SHEET 1 OF 1 W.O. SCALE 1"= 30' ALL-PURPOSE ACKNOWLEDGEMENT State of California .. // County of 5A/J SS. On /r,,-rz LA before me, LA. F-ME" -AkDT, kV oq-iootL (DATE) ` ` I�ARY personally appeared L1 cippZ nI 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(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the L. k EMERY NtdBtSlp person(s) acted, executed the instrument. � "°'°"'Mork - cwttomlo My Comm. r.''I , AgX9.204 WITNESS my hand and official seal. NOTARY'S SIGNATrj OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IFS) LQndSa ;' W4. I �d ITLE OR TYPE OF DOCUMENT 1 NUMBER OF PAGES DATE OF DOCUMENT OTHER m RIGHT THUMBPRINT OF E SIGNER o APA 5/99 VALLEY -SIERRA, 500-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7. 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A " which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 WHERE OF; been executed this 7- y of G1GT 2004. Signature: Print/Type N Lisa Gordon Position: President this instrument has F—AmithbTF \Ca t& Ewemmt DeWsUmdscape-Walt Mmtea Easement Deed.doc AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 21, TRACT NO.26828 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 319, PAGES 5 THROUGH 9 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 21; THENCE SOUTH 00*51'51" WEST, ALONG THE EASTERLY LINE OF SAID LOT, A DISTANCE OF 145.91 FEET, TO THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTH 89°55' 14" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 19.08 FEET; THENCE NORTH 07°03'32" EAST, A DISTANCE OF 146.98 FEET, TO A POINT IN THE NORTHERLY LINE OF SAID LOT; THENCE SOUTH 89°55' 14" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 3.22 FEET, TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.04 ACRES (1,627 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART THEREOF. FRED W. DOERG C.E. 16526 DXTE EXPIRES 6/30/2006 EXHIBIT 'B" Ll'*,� 21.01' Tz 79', HIGHLAND VISTA CIRCLE lL lJ O L � Ltt Z� o 2 N8955'14'W 83.01' Ldr 192 p 0A, � � p Q z a I _ w ;n 0 30, I I LEDGEND P.D.B. POINT OF BEGINNING. INDICATES T.C.S.D. EASEMENT TO BE GRANTED 1,627 SQ.FT., 0.04 ACRES PREPARED BY: HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT an of TEMECUA BWHDMY i VICINITY MAP uT s. ;I J U ° I No. E\ Exp. t LOT 21 LINE TABLE L i I S89 55'14 E 3.22' I W.O. SHEET i OF 1 SCALE 1'= 30' r ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 64M pE6(G On j o -12. D4— before me, LA LNE 'W -'/UST+ gy P 18LJC , (DATE) INOTARYI personally appeared SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory ((( evidence to be the person(s) whose name(s) L A. EMERY _OMVI: CommWbn N 1481680 comomia aan o o C omm. Expires Apr 9, 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 signatures(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 INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: f_Ll�'�� I�QIYTf•�fa5i�'Y1�r�f �Lf ITLE OR TYPE OF DOCUMENT t NUM ER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 above this line DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 WHERE OF; this instrument has been executed this JLLof OCT 2004. Signature: Print/Type Name: Lisa Gordon Position: President RAsmttbb\Fm %Grant & Easement Dcc&LWdWVa WaU Ma to m Easement Deed.dw AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 32, TRACT NO. 26828 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 319, PAGES 5 THROUGH 9 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 32, THENCE NORTH 89°55' 14" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 12.81 FEET; THENCE NORTH 05°58'25" EAST, A DISTANCE OF 131.37 FEET; THENCE NORTH 54058'57" WEST, A DISTANCE OF 21.71 FEET, TO A POINT IN THE NORTHERLY LINE OF SAID LOT 32; THENCE SOUTH 89055' 14" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 19.08 FEET, TO THE NORTHEASTERLY CORNER OF SAID LOT 32; THENCE SOUTH 00°51'51" WEST, ALONG THE EASTERLY LINE OF SAID LOT 32, A DISTANCE OF 143.12 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.02ACRES (1035 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART THEREOF. FRED W. DO G C.E. 16526 D TE EXPIRES 6/30/20 EXHIBIT "B" In N89*55'140W o of �W `+il 3n IF) J o 2 Z7 L PARK VISTA CIRCLE I / O ZI N 3 u I h vJ W N :n N 30' h o z I 1 P.0.6. u 17.21' EL GEND P.0.8. POINT OF BEGINNING. L7 ®INDICATES T.C.S.D. EASEMENT TO BE GRANTED 1,035 SQ.FT., 0.02 ACRES PREPARED BY.- HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT VICINITY MAP N.T.S. a LOT 32 LINE TABLE LINE BEARINGS DISTANCE L1 I N89'55'14"W 12.81' L2 5545857E 1 21.71' SHEET 1 OF 1 SCALE 1"= 30' f ALL-PURPOSE ACKNOWLEDGEMENT State of California County of J�4k, OI Ge7t) SS. On _C4 before me, L.A. �Mt✓P�u —hIUT R�! PU�x iC. , (DATE) )NOTARY) personally appeared L IS4 C�Cglrjd SIGNER(S) personally known to me - OR - ` :—,`. r.^% ' I, ❑ 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hind and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLEIS) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IFS) l o l��x_ AQ nl aC r'ryx�nf l ter! TITLE OR TYPE OF DOCUMENT It NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER L E 0 a APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7. 2004 CITY OF TEMECULA M Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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" been executed this day of /N'r , 2004. Signature: Printlrype N -e Lisa Gordon Position: President IN WITNESS WHERE OF; this instrument has R:\amithb\Fo \Grant & Easement Dee&V=dscapc%U Maintenance Easement Deed.dac AUGUST 13, 2004 SHEET 1 OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 33, TRACT NO. 26828 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 319, PAGES 5 THROUGH 9 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 33, THENCE SOUTH 00`51'51" WEST, ALONG THE EASTERLY LINE OF SAID LOT, A DISTANCE OF 154.01 FEET, TO THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE NORTH 89*55' 14" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 28.06 FEET; THENCE NORTH 05`33'04" EAST, A DISTANCE OF 8.38 FEET; THENCE NORTH 38'40'06" EAST, A DISTANCE OF 9.22 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 49.90 FEET; THENCE NORTH 07'04'40" EAST, A DISTANCE OF 89.21 FEET, TO A POINT IN THE NORTHERLY LINE OF SAID LOT; THENCE SOUTH 89°55' 14" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 12.81 FEET, TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.07 ACRES (3,073 SQ. FT.) MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. cam �o� Dy' FRED W. DOER , R.C.E. rJATE EXPIRES 6/30/ 5 SMINGS R A EXHIBIT "B" OUNOM pVE SOONOANT u g PROJECT d SITE s y AGEp0� SUM V gOAO 2 � aGpO ' II`r T) ��G VICINITY MAP J J i7 N.T.S. 0/ N8955'14"W 17.21' I L3 O —� PARK VISTA CIRCLE = 10 y I n uj A o 3 30' EASEMENTS o M i`xy t7 `� 1 " m A 20' WIDE EASEMENT M '16N4 =13 ILI o IN FAVOR OF THE CITY i y I OF TEMECULA PER Q Lj INST. No. 2002-247844 Cyl ,w W REC. 5/10/02, O.R. ; Q � o QppFESS/Q o o CEO F Z z I •, W DO ►k+.16, Exp. / 1 'J OF CP0�PN LEGEND N89 55'14"W 86.00' LOT 33 L BLE ALL-PURPOSE ACKNOWLEDGEMENT State of California ,` County of �N, ( iLL1,1N SS. On /0-/2 C+ before me, L.ALHEq'll� 4 pt/a/G (DATE) (NOTARq personally appeared L4 J� �� Ia�IJ 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(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h4nd and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY0ES) . sr-lyr, ti iinf Ose rngnf LirJ TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF OTHER t RIGHT THUMBPRINT 5 n OF E SIGNER s a APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA as Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 Recorder's DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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. Alias illustrated on the I ttachad hereto and marked Exhibit "B" IN WITNESS WHERE OF; been execut this y o 2004. Signature: O PrinUType Name: Lisa Gordon Position: President this instrument has R:Lsmithb\Fo NGmt & Easement DeedALandscarwwau Matntea m Easement Deed.doc AUGUST 13, 2004 SHEET I OF 1 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 44, TRACT NO.26828 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 319, PAGES 5 THROUGH 9 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; PARCEL"A" BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 44, THENCE NORTH 00°51'51" EAST, ALONG THE EASTERLY LINE OF SAID LOT, A DISTANCE OF 85.03 FEET; THENCE SOUTH 06° 12'46" EAST, A DISTANCE OF 59.43 FEET; THENCE SOUTH 02*22' 18" WEST, A DISTANCE OF 25.55 FEET, TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 44; THENCE SOUTH 86014'25" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 6.22 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.1 ACRES (315 SQ. FT.) MORE OR LESS. PARCEL "B" BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 44, THENCE SOUTH 00°51'51" WEST, ALONG THE EASTERLY LINE OF SAID LOT, A DISTANCE OF 34.00 FEET; THENCE NORTH 38°58'51" WEST, A DISTANCE OF 43.78 FEET, TO A POINT IN THE NORTHERLY LINE OF SAID LOT; THENCE SOUTH 89°55' 14" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 28.06 FEET, TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.01 ACRES (477 SQ. FT.) MORE OR LESS. EXHIBIT `B" ATTACHED HERETO AND MADE A PART THEREOF. FRED W. DOERG R.C.E. 16526 DATE EXPIRES 6/30/2 5 MUR TAI EXHIBIT "B" `"1NG5`" S pVE BOUNOPRY ROJEC- 0 SITETE ENE p0W OA GG L v § Ro Ql.� F NoW VICINITY MAP N T.S. S89*55'140E 68.28' P�10 3 It ?gOFESSIpN DpF� � a pFycT ti pNo. 16 26 tAj TLi 30 Exp y '� r�q�FCIV1F zEASEMENTS m A 20' WIDE EASEMENT IN FAVOR OF THE CITY 1 In CL OF TEMECULA PER INST. No. 2002-247844 REC. 5110102, O.R. W TERRACE 2 VIEW o CIRCLE LEGEND S 867425"E 19.08, L2 P.O.B. POINT OF BEGINNING. ® INDICATES T.C.S.D. EASEMENT TO BE GRANTED ► OT 49 L2 S861 PREPARED BY. HALL & FOREMAN, INC. W.0. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT SHEET 1 OF 1 SCALE 1"= JO' LOT 44 LINE TABLE LINE BEARINGS DISTANCE L1 N0222'18 E 25.55' 4'25"E 6.22' ALL-PURPOSE ACKNOWLEDGEMENT State of California ss. County of '_54/J DlL60 On C4 beforeme, (DATE.) /� INOEARY) personally appeared LJSA C Q l 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 1. A EMERY Commkdon #' 1481550 t4oWy Pudlo . COMOM o San Dkw Courdy MY Comm. Etpkw Apr 9.20 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IFS) hfir?f . �ae4- ZLI-d 'TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula. CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7, 2004 CITY OF TEMECULA By: Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 above this line for DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richmond American Homes of California, a Colorado Corporation ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, 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 California, hereinafter described as follows in Exhibit "A" which is attached (Easement Area"). GRANTOR acknowledges that any maintenance and/or repair for all walls, fences and other improvements located adjacent and/or within this Easement Area is solely the responsibility of the GRANTOR regardless of the reason for wall, fence or other improvements deterioration. 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 theplat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this AA day of 2004. Signature: Print/Type Na 1sa ordon Position: President RAemit66T\Gmnt & Fm mmt Dee&U=dscapF%H Maintenmce Fm ment Decd.dw AUGUST 13, 2004 SHEET 1 OF I EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT THAT PORTION OF LOT 45, TRACT NO.26828 IN THE CITY OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 319, PAGES 5 THROUGH 9 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 45; THENCE SOUTH 00' 51' 51 " WEST, ALONG THE EASTERLY LINE OF SAID LOT, A DISTANCE OF 147.21 FEET, TO THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTH 86' 14' 25" WEST, ALONG THE SOUTH LINE OF SAID LOT, A DISTANCE OF 18.18 FEET; THENCE NORTH 05` 39' 59" EAST, A DISTANCE OF 140.72 FEET; THENCE NORTH 02° 22' 18" EAST, A DISTANCE OF 6.38 FEET, TO A POINT IN THE NORTH LINE OF SAID LOT; THENCE SOUTH 86° 14'25" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 6.22 FEET, TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.04 ACRES (1768 SQ. FT.) MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. 6�� FRED W. DOERGE .C.E. 16526 ATE EXP. DATE 6/30/ 5 "B" W mow TEMEC"EXHIBIT B NOMY PROJECT SITE k L Aµ N P� HOAR �'}1 RON) F pop r•` VICINITY MAP - -r TERRACE VIEW CIRCLE N N z Lo 66.97' g 18 N8674'25"W 85.16' Ldr 24 TA.. 4T AID. 2aP.29-2 'eJJ,Y Jlr, LEGEND rrl gAgJ 1-4 P.O.B. POINT OF BEGINNING. ®INDICATES T C.S.D. EASEMENT TO BE GRANTED 1,768 SQ.FT., 0.04 ACRES PREPARED BY: HALL & FOREMAN, INC. TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE EASEMENT SCALE 1"= 30' 19.08, oo Q cL _z Q� W LOT 45 LINE TABLE LINE BEARINGS DISTANCE L1 N0222'18"E 6.38' L2 S86'14'25"E 6.22' SHEET 1 OF 1 ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 64AI pl wio SS. On 0- 0l -C-4 before me, t,A-emeEV — 1�i}T-. P_V e leQC- , (DATE.) / INQfARY) � personally appeared bs �7� cIXJN 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(ies), and that by his/her/their signatures(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. n NOTARY'S SIGNA E OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT (DI fa.. %'�l�ir) l . C15PxY1fs rF lk� ,l 'TITLE OR TYPE OF DOCUMENT M NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY -SIERRA, 800-362-3369 City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the landscape maintenance easement conveyed by the easement deed dated October 12, 2004 from Richmond American Homes of California, a Colorado Corporation to the Temecula Community Services District is hereby accepted for slope, irrigation and landscape maintenance purposes subject to construction and acceptance of the improvements in accordance with Temecula Community Services District standards. By order of the Temecula Community Services Board made on December 7, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. December 7. 2004 CITY OF TEMECULA 0 Chuck Washington CSD Board President ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney ITEM 3 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Genie Roberts, Director of Finance DATE: December 7, 2004 SUBJECT: Financial Statements for the Three Months Ended September 30, 2004 PREPARED BY: Jason Simpson, Assistant Finance Director `ike /tp Pascale Brown, Senior Accountant eg U RECOMMENDATION: That the Board of Directors: 1. Receive and file the Financial Statements for the three months ended September 30, 2004. 2. Approve operating transfer in the amount of $70,000 from Citywide Operations to Service Level D. DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the three months ended September 30, 2004. Please see the attached financial statements for an analytical review of financial activity. In Service Level D, which is used to account for refuse collection, recycling, and street sweeping, the current assessment rate is only based upon refuse collection. Overhead costs have been funded by existing fund balance, which is no longer available to cover these costs. As such, operating transfer of $70,000 is necessary. FISCAL IMPACT: Available funds exist in Citywide Operations to fund an operating transfer in the amount of $70,000 to Service Level D. ATTACHMENTS: Combining Balance Sheet as of September 30, 2004 Statement of Revenues, Expenditures and Changes in Fund Balance for The Three Months Ended September 30, 2004 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of September 30, 2004 And the Statement of Revenues, Expenditures and Changes in Fund Balance For The Three Months Ended September 30, 2004 (Unaudited) Prepared by the Finance Department Temecula Community Services District Combining Balance Sheet As of September 30, 2004 Assets: Cash and investments Receivables Due from other funds Total assets Parks & Service Service Service Service Debt Recreation Level B Level C Level D Level R Service Total $ 251,194 $ 57,591 $ 80,964 $ 21,641 $ 29,704 $ 498,573 $ 939,667 11,009 493 2,656 309 121 101 14,689 $ 262,203 $ 58,084 $ 83,620 $ 21,950 $ 29,825 $ 498,674 $ 954,356 Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities $ 216,082 $ 21 $ 70,412 $ 297 $ 286,812 216,082 21 70,412 297 286,812 Fund balances: Reserved $ 498,674 Designated 46,121 58,063 13,208 21,653 $ 29,825 168,871 Total fund balances 46,121 58,063 13,208 21,653 29,825 498,674 667,544 Total liabilities and fund balances $ 262,203 $ 58,084 $ 83,620 $ 21,950 $ 29,825 $ 498,674 $ 954,356 Please note that these balances are unaudited 1 Temecula Community Services District Citywide Operations Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2004 Revenues: Special tax TCSD admin tee credit/"REST" Recreation programs Investment interest Development services Lease Income Reimbursements/CEP Total Revenues Expenditures: Parks, medians and arterial street lighting Seniors Community Recreation Center (CRC) Recreation programs Temecula Community Center (TCC) Museum Aquatics Sports Children's Museum Community Theater Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2004 Ending Fund Balance, September 30, 2004 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget $ 2,763,531 (1) 3,612,000 $ 1,204,000 $ 1,204,000 33% 812,800 294,870 294,870 36% (2) 10,000 1,912 1,912 19% (3) 500,000 21,043 21,043 4% (4) 34,600 8,655 25% 63,800 8,396 8,396 13% (5) 7,796,731 1,539,877 1,530,222 20% 4,850,015 1,035,211 $ 410,597 1,445,807 30%n 166,400 35,749 8,499 44,247 27% 469,400 93,859 23,762 117,620 25% 673,248 270,812 34,227 305,040 45% (6) 170,347 32,766 24,986 57,753 34% 201,300 35,830 16,129 51,959 26% 478,450 157,914 22,984 180,898 38% (6) 230,350 44,075 24,717 68,791 30% 220,644 62,047 9,514 71,561 32% 91,100 100 100 0%n 496,300 496,300 496,300 100% (7) 8,047,554 2,264,661 575,415 2,840,075 35% (250,823) (725,784) 771,905 771,905 $ 521,082 $ 46,121 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) The variance is due to increased participation in classes/activities for recreation programs. 3) Investment interest is lower to due transfers to the Debt Service Fund. 4) The variance is due to fewer park plan check and inspections fees collected this quarter. 5) The variance is due to charge back for Capital Improvement Project was less than anticipated. 6) The variance is due to increased staffing in summer day camp and Smart programs activities for recreation. 7) The operating transfer to the Debt Service Fund is processed in September for principal and interest payment. 2 Temecula Community Services District Service Level B - Residential Street Lights Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2004 Revenues: Assessments Investment Interest Street lighting fees Miscellaneous Total Revenues Expenditures: Salaries & Wages Street lighting Miscellaneous Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2004 Annual Amended YTD Budget Activity $ 491,690 800 $ 454 $ 24,000 9,384 36,000 Total Percent Activity of Budget (1) 454 57% (2) 9,384 39% (3) 542,480 9,838 9,838 2% 5,000 1,048 1,048 21% 560,000 123,616 123,616 22% 13,900 578,900 124,664 124,664 22% (36,420) (114,827) 172,890 172,890 Ending Fund Balance, September 30, 2004 $ 136,470 $ 58,063 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) Investment interest is higher than anticipated during this quarter. 3) The increased activities in Street lighting is due to several developers pulling permits for for new homes. 3 Temecula Community Services District Service Level C - Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2004 Revenues: Assessments Investment interest Plan check and inspections Total Revenues Expenditures: Salaries and wages Landscape maintenance Utilities Other expenditures Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2004 Ending Fund Balance, September 30, 2004 Annual Amended Budget $ 1,202,732 2,000 $ 61,320 YTD Total Percent Activity Encumbr. Activity of Budget (1) 934 $ 934 47% (2) 34,676 34,676 57% (3) 1,266,052 35,610 35,610 3%n 242,000 49,008 49,008 675,000 143,102 $ 174,331 317,433 26 5, 000 115,813 1,500 117,313 83,700 9,538 36,046 45,584 1,265,700 317,460 211,877 529,337 352 (281,850) 295,058 295,058 $ 295,410 $ 13,209 Notes: 1) Special assessment taxes are primarily received in January and May each Fiscal year. 2) Investment interest is higher than anticipated during this quarter. 3) The variance is due to several Slope Plan checks and inspections that have been completed during this quarter. 4) The variance is primarily due to encumbrances that are recorded for Landscape maintenance services for more than half of the year. 20%n 47% (4) 44% (4) 54% (4) 42 % 4 Ternecula Community Services District Service Level D - Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2004 Revenues: Assessments Grants Investment interest Recycling Program Street Lighting Fees Operating Transfer in Annual Amended YTD Budget Activity $ 3,578,671 20,820 $ 20,817 2,000 194 5,000 7,000 Total Percent Encumbr. Activity of Budget (1) $ 20,817 100% (2) 194 10% (3) Total Revenues 3,613,491 21,011 21,011 Expenditures: Salaries and wages 38,500 9,239 8,239 Refuse hauling 3,604,100 Other expenditures 59,650 11,252 $ 7,324 18,576 Total Expenditures 3,702,250 19,491 7,324 26,814 Revenues Over/(Under) Expenditures (88,759) 1,520 Beginning Fund Balance, July 1, 2004 20,133 20,133 Ending Fund Balance, September 30, 2004 $ (68,626) $ 21,653 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) The recycling grant was received in July of this fiscal year. 3) Investments interest is lower than anticipated this quarter. 4) Refuse hauling payments are made semi-annually in January and June of each fiscal year. 1% 1% 5 Temecula Community Services District Service Level R - Streets and Roads Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2004 Revenues: Assessments Investment interest Total Revenues Expenditures: Emergency street maintenance Other expenditures Total Expenditures Revenues Over/(Under) Expenditures Annual Amended YTD Total Percent Budget Activity Activity of Budget $ 9,159 (1) 500 $ 121 $ 121 24% 9,659 121 14,045 (2) 14,145 (4,486) 121 Beginning Fund Balance, July 1, 2004 29,704 29,704 Ending Fund Balance, September 30, 2004 $ 25,218 $ 29,825 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) The variance is due to a decrease in Emergency Street Maintenance repairs during quarter. 0 Temecula Community Services District Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2004 Revenues: Investment interest Operating transfers in Total Revenues Expenditures: Debt service - principal Debt service - interest Other expenditures Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2004 Ending Fund Balance, September 30, 2004 Annual Amended YTD Budget Activity Encumbr $ 45,000 $ 101 496,300 496,300 541,300 496,401 230,000 261,800 4,500 496,300 45,000 496,401 2,273 2,273 $ 47,273 $ 498,674 Total Percent Activity of Budget $ 101 0% (1) 496,300 100% (2) 496,401 92% (3) (3) $ 4,300 4,300 96% (4) 4,300 4,300 1% Notes: 1) Investment Interest was lower due to low cash balances from debt service payments. 2) The operating transfer is processed this quarter for principal and interest payment due in October. 3) Debt service principal and interest are scheduled to be paid in October 1. 4) The variance is primarily due to encumbrances that are recorded for Trustees Fees services for the remainder of the fiscal year. 7 ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF FIN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Service DATE: December 7, 2004 SUBJECT: Acceptance of Landscape Easement Deed from Property Owners within Tract 19872-2 Adjacent to Pechanga Parkway PREPARED BY: Barbara Smith, Management Analyst RECOMMENDATION: That the City Council: 1. Accept one (1) Landscape Easement Deeds from a property owner within Tract 19872-2 adjacent to Pechanga Parkway. 2. Authorize the City Clerk to record the Landscape Easement Deeds. BACKGROUND: On June 24, 2003 the City Council approved a resolution that ratified a property owner election to bring Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final into a Temecula Community Services District (TCSD) landscape maintenance district. The new landscape maintenance area will include an expanded parkway along Pechanga Parkway and within the westerly right -of way of Via Gilberto. Subsequently, landscape plans have been designed and approved and on August 10, 2004 City Council accepted and approved a contract for America West Landscape, Inc. to install the landscaping. The area between the sound wall and Pechanga Parkway's right-of-way from Loma Linda to Via Gilberto requires a landscape easement from each property owner in order for TCSD to install and maintain the landscaping. On August 24, 2004 the Board approved 24 landscape maintenance easements of the required 28 landscape easements needed for this project. We were successful in obtaining two (2) additional easements which were brought to the Board for approval on November 23, 2004. Since that time one (1) additional easement has been obtained. Should TCSD be unable to obtain the final easement the landscape plans will be altered to exclude the area outside of Pechanga Parkway's right-of-way and the property owner will continue to have R:\SMITHB\Pechanga Parkway Easemems\Staff Repon-Acceptance Easement 3. doc 1123/2004 maintenance responsibilities. The annual assessment to fund the maintenance of this new landscape district (Service Level C) is twenty dollars ($20.00). However, for Fiscal Year 2004-2005 we anticipate that the improvements will be completed by January 2005 and for this initial year in the district, the property owners will only be assessed at a rate of $10.00. FISCAL IMPACT: The installation of the landscaping at a cost of $219,554.50 will be funded from AD 159 and CFD 03-3 Wolf Creek. The on -going maintenance of the landscaping will be funded from Service Level C assessment revenue collected from the property owners of Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final on their property taxes. ATTACHMENTS: 1. Vicinity Map 2. Copy of Easement Deed R:\SMITBB\Pechanga Parkway Easements\Staff Report -Acceptance Easement 3.doc 1123/2004 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 DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Oscar Gilkey and Sandra Gilkey, Husband and Wife as Joint Tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right- of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A" which is attached. 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 WHERE OF; this instrument has been executed this c>?Q_ day of r///de/3tc_ . , 2004. Signature: X, A=:Z/� Oscar Gilkey Signature: Sandra Gilkey CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C7fif ss. County oQir'Sf/l� On 11 0Z -o Date personally appeared CHRISTINE T. LEACM Commission # 1294749 Notary Public - CeOtddb Riverside Count/ nycomet.5piwFabZL=5 Place Notary Seal Above C� personally known to me proved to me on the basis of satisfactory evidence to be the persor�O whose nam* is/0(e subscribed to the within instrument and acknowledged to me that he/,ale/Ay executed the same in his/J,r/ter authorized capacity(,�Ill and that by his/f*/tWr signature ,Q on the instrument the person(*, or the entity upon behalf of which the personlle acted, executed the instrument. WI� m and and official seal. Signature of Notary Public 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 Title or Type of Document: _, 6_� Document Date: i% a-e-dl-I Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signhr � Signer'sName: as c.o &Z;14 f��2 �f )6 Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:f 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Boa 2402 • ClalswoM, CA 91313-2492 • w ratio alraaq org Prod No. 3907 Reorder. Call Tos- .1A00.B]6$82] 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 DOCUMENTARY TRANSFER TAX IS NONE, Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Oscar Gilkey and Sandra Gilkey, Husband and Wife as Joint Tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right- of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached. 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 WHERE OF; this instrument has been executed this day of .2004. Signature: Oscar Gilkey CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of f / w�S On ( (��8"a i , before me, Date personally appeared # 1405218 - Callfornlo SHELLEY A. MUELLER QMCommleabn # 1405218 Notary Pu: - California Rivenlde county VComm.Ib0wMaF13.200J7 Place Notary Seal Above I ss. ❑ personally known to me ET_�Proved to me on the basis of satisfactory evidence to be the persons) whose nameW,(9are— subscribed to a within instru ent and acknowledged to me that het0they oxecuted the same in. hi, f /thetr- authorized capacity(iP4 and that by -his ljltl air- signature(;R'n the instrument the personW, or the entity upon behalf of which the perso9o(W acted, executed the instrument. WITNEEAS--S,,my hand and official seal. rr ,, Signature of Notary Public 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 Doc me�}t Title or Type of Document:�� UC9¢� Document Date: 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: Number of Pages: 0 1997 National Notary Association • 9350 Do Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 Proc. No, 59W Reorder: Cell Toll -Free 1-800-8]6-682] EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 11.00 FEET OF LOT 46, OF TRACT 19872-2, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 13 THROUGH 18, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 11.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 46, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: �lU•� s'18-04 yS�CtCL.LA O( G ROBERT C. OLLERTON DATE PROFESSIONAL LAND SURVEYOR NO. 7731 i a PLS 737 Z EXPIRES: 12-31-2005 E P%�05, C:\0201900.01\legal descriptions\TR 19872-2 LOT 46.doc 15 � GP ST lE RTE• 79(S) L J J n CUPEN0 LN. G4 f 43RAINBOW CYN. RD. CLUBHOUSE DR. 4 cf MASTERS OR. r MURFlELD DR. L O J-r LOW LINDA ROAD A if f f j M CONSUELO fC��% J MASKUAZ CT. COMO11LO CT. VIA GILBERTO L J 7 WI IN/lY MP 45 NOT TO SCALE 46 LOT NJp0E0FOj� 46 o y ,�yLv, 1 IS ^r7 c L O r 55 O `8 r- LOT 1 n 4 � SCALE. 1 "=50" ti PREPARED UNDER THE SUPERl4S10N OF ® LANDSCAPE EASEMENT 4�;C•© 51,f•04 ROSERT C. OLLERTON P.L.S. NO. 7731 DATE EXPIRES.- 3-31-05 �I/l�/ I�/7]/�7 ��/ RECORD OWNER pL Lq �p 0 L OF ff C(/la(l OSCAR GILKEY & c� C. otr"s°p CaAmmy 599M p57W SANDRA GILKEY oew o'R,� t y' `" ", •3 ..tceo>r� PREPARED BY REGMRAn0N ®• � EMB/T "B v COZ40 ci FOX, Mc.. 12-31 5 OR9WN BY.• 151 S. GIRARD ST. Jp No 33$� tiP R.O. HEMET, CA 92544 9r� OP CALIF (909) 552-404 Lk1E 04-2aN SHLET 1 OF 1 FILE.• 19872-2 LOT 46:DBC dN. 0201900.01 ITEM 5 APPROV CITY ATTORNEY DIRECTOR OF F7:_ CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT TO: Board of Directors VP FROM: Herman D. Parker, Director of Community Services rI� DATE: December 7, 2004 1� SUBJECT: Roripaugh Ranch Specific Plan - Service Level B, Service Level C and Service Level D Rates and Charges PREPARED BY: Barbara Smith, Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. CSD 2004 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL C AND SERVICE LEVEL D RATES AND CHARGES FOR RORIPAUGH RANCH SPECIFIC PLAN BEGINNING FISCAL YEAR 2005-2006 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting, perimeter landscaping and slope landscaping maintenance and refuse/recycling collection services to numerous residential subdivisions within the City of Temecula through Service Level "B", Service Level "C" and Service Level "D" respectively. The boundaries of the TCSD are coterminous with the City, and the City Council also serves as the Board of Directors of the TCSD. Roripaugh Ranch Specific Plan has been approved with open space, a commercial area, fire station elementary and middle school, two (2) private recreational facilities, a 5 acre public community park, 19 acre sports park and approximately 1761 residential units. The above rates and charges will only be levied on single-family residential parcels. The development currently consists of approximately 770 gross acres of vacant property located along the northeastern boundary of the City of Temecula limits. The property owners have requested that the TCSD establish the future parcel charges necessary to provide ongoing revenue for perimeter landscaping and slope maintenance, and refuse/recycling collection services within this development. All residential streets will be private and the residential streetlights will be maintained by the Homeowner's Association. R:\SMrfHB\Elections\Roripaugh\Staff-Notice of Hearing.doc 11/29/2004 Beginning Fiscal Year 2005-2006, the following TCSD rates and charges are proposed for residential street lighting, perimeter landscaping and slope maintenance, and refuse/recycling collection services within Roripaugh Ranch Specific Plan: Service Level C $ 46.00 per residential parcel Service Level D (2004-2005 Rate) $180.70 per occupied parcel Pursuant to the provisions of Proposition 218, the TCSD is required to hold a public hearing and obtain voter or property owner approval in order to establish certain new rates and charges. In addition, a report must be prepared and filed with the Secretary/City Clerk which identifies all of the affected parcels and the amount of the proposed rates and charges. A notice is mailed to the property owner identifying the proposed rates and charges and date of the Public Hearing. The Public Hearing is held at least 45 days after the mailing of the notices. If the proposed rates and charges are not rejected pursuant to a written protest, then the TCSD will conduct a mailed ballot proceeding not less than 45 days after the public hearing. The proposed rates and charges for Service Level C cannot be imposed unless the property owners approve the new charges. In accordance with Proposition 218, property owners shall receive notice of the proposed charges for Service Level D, however, mailed ballot proceedings are not required to impose rates and charges for refuse/recycling collection services. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed perimeter landscaping and slope maintenance and refuse/recycling collection services rates and charges for Roripaugh Ranch Specific Plan beginning in Fiscal Year 2005-2006 and schedule a public hearing concerning this issue for February 8, 2005. Staff will then proceed with noticing the owners of Roripaugh Ranch Specific Plan regarding the proposed rates and charges and the public hearing date. If there is no majority protest against the rates and charges on February 8, 2005 staff will then proceed with the mailed ballot process for Service Level C. FISCAL IMPACT: If voter approved, upon build out of the development, the proposed rates and charges of $46.00 per parcel will generate an annual levy of $81,006 for Service Level C. The proposed Service Level D charge of $180.70 per parcel will generate an annual levy of $318,213. (Pursuant to Proposition 218, this amount maybe increased by the TCSD for Fiscal Year 2005-2006 after conducting an additional public hearing. However, mailed ballot proceedings are not required to increase Service Level D rates and charges.) Actual costs for providing long-term perimeter landscaping and slope maintenance services within Roripaugh Ranch Specific Plan will be absorbed into Service Level C upon installation of said improvements. The owners of Roripaugh Ranch Specific Plan has paid the administrative and mailing costs associated with the public notices and ballot information required per Proposition 218. ATTACHMENTS: 1. Vicinity Map 2. TCSD Landscape Maintenance Area Exhibits 3. Notice of Public Hearing 4. Resolution of Intention R:\SMITHB\Elections\Roripaugh\Staff-Notice of Hearing.doc 11/29/2004 FIGURE ES-2 ATTACHMENT 1 - - - - CITY LIMITS The Keith Companies IT/A ' ® ; 0= T 0 8 lomP■K_■v— 6mmmmJ)tII1t''fx- �f Ir':-I J m L5 o�o 0 g t9 a la. U; ti fJl 41 f/1 wa _ � co pn�N t0 Mpn�1� +1 pZ 6 MN MNI 1� 1f1 0 �17, I 3 2 q N A 0 00 d U V i 1 a9 C IO If �y i tr ✓f ti SEE SHEET 3 _ U CL m Z �d oZ rn W LL cli (A N rpl In N m 1;; H M i G 9 U z IL W V rO U GaraJ v AWE ,I- N Qr - NN API� `NN f4 I F � P p Q W W A A � A N a A b s b W a p Q ui Y m a A m m ` A � A N R p O N F 0 S N N w 5 P pe ATTACHMENT 3 NOTICE OF PUBLIC HEARING TEMECULA COMMUNITY SERVICES DISTRICT PROPOSED IMPOSITION OF SERVICE LEVEL C AND SERVICE LEVEL D RATES AND CHARGES AGAINST RESIDENTIAL LOTS WITHIN RORIPAUGH RANCH BEGINNING IN FISCAL YEAR 2005-2006 Pursuant to the request of the property owners of 1,761 future residential lots within Roripaugh Ranch, the Temecula Community Services District (TCSD) has initiated proceedings to assume responsibility for perimeter landscaping and slope maintenance and refuse/recycling collection services within Roripaugh Ranch beginning with the 2005-2006 fiscal year. In response to this request, and in accordance with Government Code Section 61621.2, the TCSD has caused a written report ('Report") to be prepared and filed with the Secretary of the TCSD, which contains a description of the parcels within Roripaugh Ranch and the proposed amounts of the annual rates and charges for each parcel beginning in Fiscal Year 2005-2006. The TCSD Board of Directors will conduct a public hearing at the following date, time and location on the Report and the proposed imposition of rates and charges within Roripaugh Ranch: Date: February 8, 2005 Time: 7:00 p.m. Location: City Council Chambers City Hall 43200 Business Park Drive Temecula, California 92590 At the public hearing, the City Council and TCSD Board of Directors will hear and consider all objections or protests, if any, to the Report and to the proposed rates and charges. Any property owner may file with the City Clerk a written protest against the rates and charges at any time prior to the conclusion of the public hearing. The TCSD operates under the authority of the Community Services District Law and provides residential street lighting, perimeter landscaping and slope maintenance, street and road maintenance, and trash/recycling collection services in the City of Temecula. The boundaries of the TCSD are the same as those of the City of Temecula, and the City Council also serves as the Board of Directors of the TCSD. C9Documents and Settings\Barbara.SmithULocal Settings\Temporary Intemet Files\0LK2FB\Notice of Public Hearing distr 11.29.042.doc 11/29/2004 Property owners only pay for the services that they actually receive through separate rates and charges on their property tax bill. The services proposed to be provided to Roripaugh Ranch by the TCSD are divided into two (2) service levels: 1. Service Level C — Perimeter Landscaping and Slope Maintenance. The revenues from this Service Level are used to finance the operation, maintenance, utility costs, improvements, and administration of all perimeter landscaping and slope maintenance areas maintained by the TCSD. The annual charge is calculated by dividing the total estimated cost for the fiscal year for landscaping and slope maintenance by the total number of proposed residential lots. For fiscal year 2005-2006, this amount is proposed to be $46.00 per residential parcel. 2. Service Level D - Refuse/recycling Collection. The revenues from this Service Level are used to finance the operation and administration of the trash/recycling collection program, including recycling and street sweeping services, for all single-family residential homes. The annual charge is calculated by dividing the total estimated cost of residential service for the fiscal year by the total number of improved residential lots. For fiscal year 2005-2006 this rate is $180.70 per occupied residential parcel. If you have any questions about this notice or the proposed rates and charges, please do not hesitate to contact the TCSD at (951) 694-6480. -2- ATTACHMENT 4 RESOLUTION NO. CSD 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL C, AND SERVICE LEVEL D RATES AND CHARGES FOR RORIPAUGH RANCH BEGINNING FISCAL YEAR 2005-2006 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ('TCSD"), to provide specified services to properties within its jurisdiction. Section 2. The TCSD provides long-term residential street lighting, perimeter landscaping and slope landscape maintenance, and refuse/recycling collection services in numerous residential developments within the City of Temecula. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), perimeter landscaping and slope maintenance (Service Level C), and refuse/recycling collection (Service Level D) services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Section 3. The TCSD hereby initiates proceedings to provide perimeter landscaping and slope maintenance, and refuse/recycling collection services within Roripaugh Ranch beginning Fiscal Year 2005-2006. Pursuant to Government Code Section 61621.2, the TCSD has caused a written report ('Report") to be prepared and filed with the Secretary of the TCSD, (Exhibit A) which Report contains a description of the real property and the proposed amount of the Service Level C and Service Level D rates and charges required for perimeter landscaping and slope maintenance, and refuse/recycling collection services provided to each parcel within Roripaugh Ranch and its subsequent phases beginning fiscal year 2005-2006. The TCSD proposes to collect the rates and charges at the same time, in the same manner, by the same persons and together with and not separately from, the property taxes collected within the TCSD. These rates and charges shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charges are levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the day of February 8, 2005 at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California, 92590, as the time and place for the public hearing on the Report and the proposed Service Level C, and Service Level D rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The Secretary of the TCSD is hereby directed to give notice of the filing of the Report and of the time and place of hearing on the Report pursuant to the requirements of Government Code Section 61765.2 and Section 6 of Article XIIID of the California Constitution. Section 6. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 7`h day of December, 2004. Chuck Washington, President ATTEST: Susan W. Jones, CMC/AAE City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk/District Secretary for the Temecula Community Services District, do hereby certify that Resolution No. CSD 04- was duly and regularly adopted by the board of Directors of the Temecula Community Services District at a regular meeting thereof held on 7 h of December. 2004. AYES: BOARD MEMBERS NOES: BOARD MEMBERS ABSENT: BOARD MEMBERS EXHIBIT A CITY OF TEMECULA (RORIPAUGH RANCH) INITIAL LEVY REPORT Service Levels C and D Temecula Community Services District (TCSD) Commencing Fiscal Year 2005/2006 INTENT MEETING: December 7, 2004 PUBLIC HEARING: February 8, 2005 IwMuniFinancial Corporate Office 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax:(951) 587-3510 Office Locations Anaheim, CA Jacksonville, FL Lancaster, CA Los Angeles Regional Office www.muni.com Oakland, CA Phoenix, AZ Sacramento, CA San Diego, CA Seattle, WA TABLE OF CONTENTS I. INTRODUCTION...........................................................................................1 II. PLANS AND SPECIFICATIONS.......................................................3 A. General Description of TCSD Services........................................................3 B. Roripaugh Ranch Legal Description............................................................3 C. Services and Charges....................................................................................4 III. METHOD OF APPORTIONMENT.....................................................6 IV. TCSD LEVY SUMMARY AND PROPOSED CHARGES ......8 APPENDIX A - DIAGRAMS.......................................................................11 APPENDIX B - PARCEL LISTING (FY 2005-2006)......................17 RORIPAUGH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT I. INTRODUCTION Upon incorporation of the City of Temecula ("City"), effective December 1, 1989, voters approved the formation of the Temecula Community Services District (TCSD") to provide specified services to properties within its jurisdiction previously provided by the County of Riverside ("County"). The boundary of the TCSD is coterminous with the City boundary, and includes all parcels within the City with the City Council acting as the Board of Directors ('Board") for the TCSD. The TCSD collects property -related fees and charges (Charges) in order to provide services and maintain the improvements within the TCSD. The TCSD was formed, and Charges are set and established, pursuant to the Community Services District Law, Title 6, Division 3 of the California Government Code ("CSD Law"). Pursuant to Government Code Section 61621.2, this Initial Levy Report ('Report") is prepared and presented to the Board to prescribe Service Level C and Service Level D Rates and Charges for the parcels and territory known as Roripaugh Ranch (a residential development) and its subsequent phases beginning Fiscal Year 2005- 2006. The territory and properties identified and described in this Report includes all parcels within the development identified as Roripaugh Ranch, a future residential subdivision that consists of approximately seven hundred and seventy (770.15) acres of vacant property located near the northern border of the City with 1,761 planned residential units. Major streets leading into the development include Pourroy Road on the north and Murrieta Hot Springs Road from the west to the middle of the development. Butterfield Stage Road bisects the development from north to south. The owners of record (four property owners) have requested that the TCSD establish the parcel charges and conduct a ballot proceeding as necessary to provide ongoing revenue for perimeter landscaping and slope maintenance and refuse collection within this future residential subdivision. Each fiscal year, an Annual Levy Report for the TCSD is prepared, filed and approved by the Board. This Annual Levy Report describes the TCSD, any changes to the TCSD and the proposed Charges for the fiscal year. Commencing with Fiscal year 2005-2006, the Roripaugh Ranch subdivision will be added to Service Levels C and D and levied for the corresponding rates and charges on the Riverside County Secured Roll. The TCSD provides residential street lighting, perimeter landscaping and slope maintenance, and refuse collection in numerous residential developments as well as road improvement and maintenance within specified areas of the TCSD. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), perimeter landscaping and slope maintenance (Service Level C), 1 RORIPAUGH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT refuse collection (Service Level D), and road improvement and maintenance (Service Level R) services furnished by the TCSD, and has elected to have these rates and charges collected on the tax roll in the same manner and at the same time as, together with and not separately from its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Pursuant to Article XIIID of the California Constitution (Proposition 218) and CSD Law, the TCSD is required to hold a protest hearing (the "Public Hearing") and a ballot proceeding in order to establish certain new rates and charges. In addition, a report must be prepared and filed with the District Secretary/City Clerk that identifies all of the affected parcels and the amount of the proposed rates and charges. A notice is mailed to the property owner identifying the proposed rates and charges and the date of the Public Hearing. The Public Hearing is held at least 45 days after the mailing of the notices. If the proposed rates and charges are not rejected pursuant to a written protest, then the TCSD will conduct a mailed ballot proceeding not less than 45 days after the Public Hearing. The proposed rates and charges for Service Level B and Service Level C cannot be imposed if majority protest of the new charges are submitted by the property owners of record. Ballot proceedings are not required to impose rates and charges for refuse collection services. PEI RORIPAUGH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT II. PLANS AND SPECIFICATIONS A. General Description of TCSD Services The TCSD provides certain property related services consisting of four (4) separate Service Levels to parcels throughout the TCSD. Each parcel within the TCSD is charged proportionately for only those services attributable to the parcel. Each Service Level has differing costs depending upon the services provided. All parcels identified within a Service Level share in the cost of the service. The costs associated with the service are proportionately spread among all properties within that Service Level to which the service is provided. The Service Levels are identified as follows: Residential Street Lighting (Not applicable to these Tracts) • Perimeter Landscaping and Slope Maintenance • Refuse Collection • Road Improvement and Maintenance (Not applicable to these Tracts) B. Roripaugh Ranch Legal Description The Roripaugh Ranch property is situated in the State of California, County of Riverside, City of Temecula, and is described as follows: Assessor Parcel Numbers 957-340-046 958-260-014 958-810-006 957-340-048 958-260-015 958-810-007 957-340-049 958-260-016 958-810-008 957-340-050 958-260-017 958-810-009 957-340-051 958-260-018 958-810-010 957-340-052 958-260-019 958-810-011 957-340-053 958-260-020 958-810-012 957-340-054 958-260-021 958-810-013 957-340-055 958-810-001 958-810-014 958-260-011 958-810-002 958-810-015 958-260-013 RORIPAUGH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT C. Services and Charges The proposed services applicable to parcels within Roripaugh Ranch defined in Appendix B — Parcel Listing for which charges will be imposed beginning Fiscal Year 2005-2006 include: perimeter landscaping and slope maintenance; and refuse collection. Service Level B, Residential Street Lighting — includes all developed single family residential parcels and residential vacant parcels for which the TCSD provides on -going servicing, operation, and maintenance of local street lighting improvements. Roripaugh Ranch is proposed to have private street lighting and hence; Service Level B is not applicable to its tracts. The current rate and charges for Service Level B is $25.68 per residential parcel and would be applied to parcels within Tracts that have street lighting improvements provided beginning in Fiscal Year 2005-2006. Service Level C, Perimeter Landscaping and Slope Maintenance — includes all developed single family residential parcels and residential vacant parcels for which the TCSD provides on -going servicing, operation, and maintenance of perimeter landscaped areas and slopes within the public right-of-ways and dedicated easements adjacent to and associated with each development. The landscaped areas associated with this specific development, (Roripaugh Ranch, include, but are not limited to, perimeter and slope landscaping on: • On the south side of Murrieta Hot Springs Road near the northern area of the development, crossing over and to the east of the Second San Diego Aqueduct; • Along the west and south sides of Roripaugh Valley Road from Murrieta Hot Springs Road to Butterfield Stage Road; • Along the west and east sides of Fiesta Ranch Road from Roripaugh Valley Road to Nicolas Road; excluding the area adjacent to the park and open space; • On the south side of Nicolas Road from the west side of the development until Fiesta Ranch Road, and then on both the north and south sides of Nicolas Road from Fiesta Ranch Road Street until Butterfield Stage Road; 12 RORIPAUGH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT • Along the west side of Butterfield Stage Road from Roripaugh Valley Road Street until the south end of the development; • Along the east side of Butterfield Stage Road from below North Loop Road until the south end of the development; • Along both north and south sides of North Loop Road, beginning east of Butterfield Stage Road to the west side of the 20 acre school site (planning area 28); • Along both north and south sides and within the medians of South Loop Road, beginning east of Butterfield Stage Road to the east side of the fire station (planning area 32). The level of maintenance required and the associated operating costs are consistent with the existing TCSD Service Level C-1. The rate and charges for Service Level C-1 are currently $46.00 per residential parcel and shall be applied to parcels within Roripaugh Ranch beginning in Fiscal Year 2005- 2006. Service Level D, Refuse Collection — provides for the operation and administration of the refuse collection program including recycling and street sweeping services for all single family residential homes within the TCSD. The current rate and charges for Service Level D is $180.70 per single family residential home (developed residential parcel) and will be applied to all parcels within Roripaugh Ranch that have been identified as developed with residential homes, beginning in Fiscal Year 2005-2006. Pursuant to Proposition 218, the rate and charges for this service may be increased by the TCSD after conducting an additional protest hearing on the matter. Mailed ballot proceedings are not required to establish Service Level D rates and charges. RORIPAUGH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT III. METHOD OF APPORTIONMENT The cost to provide services within Roripaugh Ranch will be added to the Service Level and fairly distributed among each assessable property by the same method and formulas applied to all parcels within the various Service Levels of the TCSD. The following is the formula used to calculate each property's TCSD charges and is applied to Service Level B (Residential Street Lighting); Service Level C (Perimeter Landscaping and Slope Maintenance); and Service Level D (Refuse Collection): Total Balance to Levy / Total Parcels (in Service Level) = Parcel Charge The following tables (Table I through III) reflect the levy calculations for each Service Level. TABLE Parcel Charge Calculation for Service Level B (not applicable to Roripaugh Ranch) Property Type Parcel Unit X Charge per Parcel = Parcel Charge Multi tier Single Family Residential 1.00 $25.68 $25.68 Per Parcel Single Family Vacant 1.00 $25.68 $25.68 Per Parcel A charge is imposed on all residential parcels developed or undeveloped. Parks, open space areas, easements and non -buildable parcels are not assessed. RORIPAUGH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT Parcel Charge Calculation for Service Level C Property Type Parcel Unit X Charge per Parcel = Parcel Charge Multiplier Single Family Residential Rate C-1 1.00 $46.00 $46.00 Per Parcel A charge is imposed on all residential parcels developed or undeveloped. Planned Residential Developments are charged for the number of planned residential parcels to be developed. Parks, open space areas, easements and non -buildable parcels are not assessed. TABLE III Parcel Charge Calculation for Service Level D Property Type Parcel Unit X Charge per Parcel = Parcel Charge I Multiplier Single Family Residential 1.00 1 $180.70 1 $180.70 1 Per Parcel This charge is imposed only on developed single family residential parcels (with a residential home). Pursuant to Proposition 218, this amount may be increased by the TCSD after conducting an additional protest hearing. 7 RORIPAUGH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT IV. TCSD LEVY SUMMARY AND PROPOSED CHARGES Each Service Level within the TCSD provides different and specific services to various parcels within the TCSD. The rates and charges prescribed for each service and level of service are proportionately spread to only those parcels that are provided each respective service (Service Levels). Table IV on the following page provides general levy information for the various Service Levels within the entire TCSD for Fiscal Year 2004-2005. E RORIPAUGH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT TABLE IV TCSD Budget and Service Level Summary For Fiscal Year 2004-2005 Fiscal Year 2004/2005 Net Charge Change Total Total Total Levy Per Levy Per Levy Levy Parcels Service Levels District Statistics Budget Unit Unit Units Charged Service Level B (Residential Street Lighting) $481,680 $25.68 0.00% 18,757.00 18,757 Service Level C (Local Landscaping and Slopes) Rate Level #1 (C-1) $47,886 $46.00 0.00% 1,041.00 1,041 Rate Level #2 (C-2) 94,340 89.00 0.00% 1,060.00 1,060 Rate Level #3 (C-3) 195,924 116.00 0.00% 1,689.00 1,689 Rate Level #4 (C-4) 405,300 175.00 0.00% 2,316.00 2,316 Rate Level #5 (C-5) 94,010 70.00 0.00% 1,343.00 1,343 Rate Level #6 (C-6) 54,675 225.00 0.00% 243.00 243 Rate Level #7 (C-7) 228,201 129.00 0.00% 1,769.00 1,769 Rate Level 98 (C-8) 4,200 10.00 100.00% 420.00 420 Rate Level #9 (C-9) 44,000 200.00 100,00% 220.00 220 Rate Level #10 (C-10) 30,000 100.00 100.00% 300.00 300 Service Level C - Total $1,198,536 10,401.00 Service Level D (Citywide Recycling and Refuse) 1') $3,587,128 $179.86 4,24% 19,944.00 19,944 Service Level R (Roads) Rate Level #1 (R-1) $7,146 $115.26 0.00% 62 75 Rate Level #2 (R-2) 2,014 95.86 -21.37% 21 34 Service Level R - Total $9,160 109 M RORIPAUGH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT Table V provides estimated annual levy information for the various TCSD Service Levels proposed for Roripaugh Ranch beginning in Fiscal Year 2005-2006. The "Total Levy Budget' and 'Total Levy Units" reflect anticipated development at buildout. TABLE V PROPOSED SERVICE LEVEL CHARGES FOR RORIPAUGH RANCH Estimated Budget and Charges for Fiscal Year2005-06 Planned Total Levy Charge Per Levy SERVICE LEVEL Budget Levy Unit Units Service Level B: Residential Street Lighting $0 $25.68 0 Service Level C: Local Landscaping and Slopes $81,006 $46.00 1,761 Rate Level # 1 (C-1) Service Level D: Refuse Collection $318,213 $180.70 1,761 The "Planned Levy Units" and the resulting "Charge Per Levy Unit' (shown in Tables IV and V), reflect a method of apportionment that most fairly apportions the costs of the services to the parcels in that Service Level. The `Total Levy Units" for Service Levels B, C, and D are based on a per parcel count and includes all planned residential units and an estimate of future residential units to be developed within Roripaugh Ranch. 10 RORIPAUGH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT Appendix A — DIAGRAMS The Map of Proposed Boundaries of Roripaugh Ranch, the current County Assessor's Parcel Number maps (APN maps) encompassing Roripaugh Ranch, and the Roripaugh Ranch Land Use Plan are provided on the following pages. The original maps and documents depicted in this Report are by reference made part of this Report. 11 RORIPAUGH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT j3a O m 9 .. gap 96 O m O � O '• -H� CEO NCO(� =RI Oa 8 �o NM0 rn> a o� o o O >� N=C2 O ♦ O tl n o rn to N l a O O i V F gf$ O 9 K 12 RORIPAUCaH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT a 0 i rr6���9�x$ry aaaaaaaa'a O t E 4 I I q^ - � I QY _ a v � OZ It TY dg' 1 _ 13 JUL-06-2004 TUE 10:06 AU it J FAX NO. RORIPAUGH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT P. 01 14 a Y'1 P RORIPAUGH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT JUL-06-2004 TUE 03:45 PH FAX N0, P. 01 15 16 . r ~ ~:;;~ ~ ! <( !~~ Ie I~ J .... '! '" "'.,"'....""....~"1"l<>":'"'.....'" , UTI ~ 'i?!t;1l~...2 ..$l....~lll;:;:q~ ~ " S -'3i;~u~li2iLg~~ \..:' IJ Ill. II . (~iii! ~,~ 1 ) ~~ .~..~S ~~~I ~~"" ! ~'~~ h~~ ".", - . ~;~e~~~~.gi<8~~; ~ Ii o ...<<~i"8 f ~ m '13 m~~~m. M I 0 I : .\ ! @ClJWI]iJiIOOIID0 I ~ I ; " - . 8 1:---------- /,/' , T---------------"'l:- , '~r~~ I , 1 , I , I , , I , I , I 'j~'!I I-.;.-=___-~.:~ -!I~ . f Ii ! ! i' I '{ I I i I I : 1, ' Ii I Ii ~;J!lj: B ill I! i \ ." '. I .( ~ - s - ~ , Il;lq! I' "i, {. ! I !ll'! ' .ll.. 1i ~i, d ..' . "'" fr' ~I ~! l!sl!l!f I' W~'l-ilii l'~ '~ <! : ~.,rii j" fHs I~,.t.hqt RORIPAUGH RANCH INITIAL lEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT .-, -~r "- w '" a u: I uej"J asi'l'pue'j'-pesodoJd RORIPAUGH RANCH INITIAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT Appendix B — PARCEL LISTING (FY 2005-2006) The actual parcels subject to rates and charges for Service Level C and Service Level D beginning Fiscal Year 2005-2006 shall be those parcels within Roripaugh Ranch and subsequent phases identified on the Riverside County Secured Roll at the time all TCSD rates and charges are submitted to the County Auditor/Controller for inclusion on the tax roll for that fiscal year. The rates and method of apportionment outlined in this Report are consistent with the rates and methods previously approved by the TCSD Board of Directors for each applicable Service Level contained herein. However, all rates and methods described in this Report are subject to revision and modification within the prescribed parameters of the law. The actual rates and charges applied on the tax roll each fiscal year shall be apportioned and submitted according to the rates and method described in the final TCSD Annual Levy Report presented and approved by the Board of Directors at an annual Public Hearing. The following pages encompass a complete listing of all parcels within (Roripaugh Ranch) subject to the TCSD Service Level C and Service Level D rates and charges beginning Fiscal Year 2005-2006. To the extent that these parcels will be further subdivided, the newly subdivided residential parcels will each be subject to the rates and amount charged and prescribed in this report for Service Level C and Service Level D. The rates and charges applied to each newly subdivided residential parcel will reflect the services provided and the development of each respective parcel at the time the rates and charges are applied. The table below provides a summary of the total proposed rates and charges for all properties within Roripaugh Ranch based on the existing rates and charges per subdivided single family residential unit: Existing Charge Subdivided Planned Future Subdivided Per Total Levy Lots Subdivided Lots Lots (Estimated) SERVICE LEVEL Levy Unit Units Budget Units Levy Units Levy Units Levy Service Level B: Residential Street $25.68 0 $0 0 $0 0 $0 0 $0 Lighting Service Level C: Local Landscaping and $46.00 1,761 $81,006 0 $0 1,761 $81,006 1,761 $81,006 Slopes Rate Level# 1 (C-1) Service Level D: Refuse Collection $180.70 1,761 $318,213 0 $0 1,761 $318,213 1,761 $318,213 17 ZOE xxp � w a�U �Q> OFw �ZN Z D 0 O U 3 U W H Z U O c O m m N W L T C7 W W aU nw Q Q NO En w 0- Q � m J m �p U m M N 0 G q m m rn V m a r � Z w a N N f9 f9 rn r f9 f9 f9 t9 rn m n f9 f9 fA f9 m ro n fA y f9 f9 f9 o o QI f9 t9 rn v O N f9 f9 f9 f9 V o f9 f9 M v rn rn 19 f9 N N f9 f9 M rn N f9 to f9 t9 f9 fA f9 lA h9 f9 f9 bi f9 e9 f9 to f9 f9 H a m o m ro o � a � u Z m y fn N M H N fa fn to Ui f9 lA t9 t9 f9 f9 to fA f9 f9 f9 M V! c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 N N N N N N N Z N N a a a v a a a a a a a > rn o U) ) � c m > (nu) > > w > m > m > m > m m m m m m m m m m m m c c c o c c y m c c c E c a a a o m a a o 12 o v a a C N N O m U m y m d m m v m m m m m m m o o m m m o n m m m m m m oQUOm o m m m m FL x a a` a LL a a` a a J a a a a w N ii a m ii x 3� ao n a rn� m a o m m�� rn tO o rn o � N r o N N rrni vo'i u0 rn o M rn .Q rn N rn N r M C rn N N M O M Q p w a N c0 Opp rn O N N N N N M N V' N N N N N � M V N N r W rn O N N O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m o 0 0 0 0 0 o a o a o m m m m m m o a y y y y M a f") M a V N N N N N N N N N N W n' r' � � ro ro m m co w ro N N N N N N N N N N N N N N N N N N N N N N rn rn rn rn m rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn m rn U 0Fy wy =moo U Mww aJo O:w Z 0 0 5 Q W i w r m ri M m ao J m � �p U o Z N d N N U N N N N N N N N N N N N o LL O1 Z u u O N d d a c ro n n o. o � m � v U ¢ Z � m � a m O O O O O O O m C 'N N N N N N — 2 m 'a . > 'a � g 'a I. .Ei .> y a c LL Zve a a a a 'u n o n v n A¢ c y y y y t= d m m m m E m m x m � c L -�e a w aci aci E U m d N a a a o aci o a a 0 ;m a as s . a d a C m O N N N N O N N O f/1 m OI d J -Ed' -Ed' L d' c a9i a v d d 0 a d d a a a d a a d m m d V m m 0. z 2 a a d 2 d z d a z A@ a= y Q m 7 a o my' e c v c d G a y 9 (O N O) � t6 cG � O � N N m C U ¢ 5 ° a m K m m, m O o 0 0 0 t0 O O o 0 0 6 6 6 6 6 o c y 0 0 0 0 0 0 C; 0 0 0 0 N a w w m W aD W W m ro 0 �O 0 �O 0 �O 0 �O 0 �O W i0 W i0 ro N W i0 W i0 m t0 d d U O Of Of m O) A W m W W D7 d N L 3 Fm a (° ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINAL` CITY MANAGER 4� CITY OF TEMECULA AGENDA REPORT TO: General Manager/Board of Directors FROM: (Susan W. Jones UCity Clerk/Director of Support Services DATE: December 7, 2004 SUBJECT: Appointment of President and Vice President of the Community Services District for Calendar Year 2005 RECOMMENDATION: 1. Entertain motions from the Board of Directors to appoint the President, effective January 1, 2005, to preside until the end of Calendar Year 2005. 2. Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2005, who will assume the duties of the President in the President's absence, and hold this office until the end of Calendar Year 2005. BACKGROUND: The Community Services District Board of Directors appoints a member to serve as President and Vice President annually. These offices are assumed at the first meeting of the Community Services District in January and the newly elected officers will preside through the Calendar Year of 2005. Agenda Reports/Appointment of CSD Ofrioers 2005 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY NOVEMBER 23, 2004 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:04 P.M., in the City Council Chambers, 43200 Business Park Drive, and Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS ABSENT: 0 AGENCY MEMBERS Naggar, Roberts, Stone, Washington, and Comerchero None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of November 9, 2004. MOTION: Agency Member Naggar moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Stone and electronic vote reflected approval with the exception of Agency Member Roberts who was abstained with regard to Consent Calendar Item No. 1. DEPARTMENTAL REPORT No additional comments. No comment. AGENCY MEMBERS' REPORTS No comments. RAMin utes. rda\112304 ADJOURNMENT At 8:05 P.M., the Temecula Redevelopment Agency meeting was formally adjourned tc Tuesday, December 7, 2004 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CIVIC City Clerk/Agency Secretary [SEAL] RAMinutes. rda\112304 ITEM 2 APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency Members FROM: Genie Roberts, Director of Finance DATE: December 7, 2004 SUBJECT: Financial Statements for the Three Months Ended September 30, 2004 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Senior Accountant RECOMMENDATION: That the Agency Members receive and file the Financial Statements for the Three Months Ended September 30, 2004. DISCUSSION: The attached financial statements reflect the unaudited activity of the Redevelopment Agency for the three months ended September 30, 2004. Please seethe attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of September 30, 2004 Statement of Revenues, Expenditures and Changes in Fund Balance for the three months ended September 30, 2004. TEMECULA REDEVELOPMENT AGENCY Combining Balance Sheet as of September 30, 2004 And the Statement of Revenues, Expenditures and Changes in Fund Balance For The Three Months Ended September 30, 2004 (Unaudited) Prepared by the Finance Department Temecula Redevelopment Agency Combining Balance Sheet As of September 30, 2004 Assets: Cash and investments Receivables Land held for resale Total assets Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Deferred revenue Total liabilities Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances Please note that these balances are unaudited Low/Mod CIP Debt Fund Fund Service Total $ 7,874,779 $ 5,991,729 $ 1,699,648 $ 15,566,155 858,314 290,245 28,380 1,176,938 98,484 98,484 $ 8,733,093 $ 6,380,456 $ 1,728,028 $ 16,841,577 $ 120,140 $ 35,177 $ 1,527,475 $ 1,682,793 430,778 120,000 550,778 550,918 155,177 1,527,475 2,233,571 8,182,175 6,225,279 200,553 14,608,006 8,182,175 6,225,279 200,553 14,608,006 $ 8,733,093 $ 6,380,456 $ 1,729,028 $ 16,941,577 1 City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency Low/Moderate Income Housing For the Three Months Ended September 30, 2004 Annual Amended YTD Budget Activity Revenues: Property tax increment $ 2,400,800 Investment interest 135,000 $ 35,821 Rental income 50,000 Forgivable Loan Repayment/Misc 201,000 55,281 Reimbursement- Old Town Cottages 24,466 Total Revenues Expenditures: Salaries and benefits Operating and administrative expenditures Homebuyer programs Residential rehabilitation programs Housing development & acquisition Affordable housing / future obligation Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2004 Ending Fund Balance, September 30, 2004 2,786,800 115,568 278,600 54,238 463,162 57,433 $ 300,000 291,439 38,452 4,000,000 6,971 305,000 305,000 Total Percent Encumbr. Activity of Budget $ 35,821 55,281 24,466 115,568 54,238 23,773 81,206 18,087 56,539 6,971 305,000 l9% 18% (3) 19% 0% (4) 100% (5) 5,638,201 462,093 41,860 503,954 9% (2,851,401) (346,525) 8,528,701 8,528,701 $ 5,677,300 $ 8,182,175 Notes: 1) Property tax increments are received in January and May of each fiscal year. 2) The annual rent from Temecula Gardens is expected to be received in April of this fiscal year. 3) There is no program activity during this quarter, however, applications are being accepted for review. 4) The variance in Housing development is due to the Campus project that is not yet completed. 5) The variance is due to the annual contribution to Mission Village Project rehabilitation made during this quarter. 2 City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency -CEP For the Three Months Ended September, 30, 2004 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Investment interest $ 150,000 $ 15,216 $ 15,216 10% (1) Grants/Miscellaneous 250,000 1,054 1,054 0% (2) Loan interest 12,000 2,984 2,984 25% Reimbursements 10,000 (3) Operating transfers in 1,020,100 255,025 255,025 25% Total Revenues 1,442,100 274,279 274,279 19% Capital Projects: Old Town Building Facades 280-813 150,000 $ 6,485 6,485 4% (4) Gateway LandscapeOT 280-833 400,750 1,150 3,254 4,404 1% (4) Erle Stanley Gardner 290-834 46,760 1,150 2,680 3,830 8% (4) Escallier House 280-835 875,000 (4) Old Town Identification Sign 280-836 110,000 (4) Operating Expenditures: Salaries and wages 110,500 22,860 22,860 21% Operating and administrative expenditures 285,400 98,000 26,384 124,384 44% (5) ERAF 455,000 (6) Old Town plan implementation 168,900 29,836 35,326 65,162 39% Banner program 4,300 350 650 1,000 23% Operating transfers out 6,301,580 2,496,678 2,496,678 40% (7) Total Expenditures 8,908,190 2,650,025 74,779 2,724,904 31% Revenues Over/(Under) Expenditures (7,466,090) (2,375,746) Beginning Fund Balance, July 1, 2004 8,601,025 8,601,025 Ending Fund Balance, September 30, 2004 $ 1,134,935 $ 6,225,279 Notes: 1) Investment interest is lower due to transfers to the Capital Improvement Project Fund. 2) The CIP Project Old Town Southern Gateway Landscaping funding through Environmental Enhancement and Mitigation Grant(EEMG) has not yet started. 3) The Erle Stanley Gardner Exhibit funding with Museum Association reimbursement has not yet started. Bid opening is scheduled for the end of November. 4) The CIP Projects Escallier House, Old Town Identification Sign, Erle Stanley Gardner, Gateway Landscaping Old Town, Old Town Building Facades have not yet started during this quarter. 5) The variance is due to increasing activities in Consulting and Legal Services and encumbrances for the remainder of the year. 6) ERAF payment is scheduled to be paid to the County of Riverside in April of this fiscal year. 7) The Community Theater project is currently under construction and these amounts are being transferred to the Capital Improvement Project Fund as construction activity occurs. N City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency - Debt Service For the Three Months Ended September 30, 2004 Revenues: Property tax increment Investment interest Advances from other funds Total Revenues Expenditures: Trustees admin fees Property Tax admin Fees Pass -through agreements Debt service - principal Debt service - interest Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2004 Ending Fund Balance, June 30, 2004 Annual Amended YTD Percent Budget Activity of Budget $ 9,603,200 $ 30,000 8,461 65,000 9,698,200 8,461 5,500 135,200 6,400,000 110,000 1,384,400 1,020,100 4,550 110,000 707,455 255,025 9,055,200 1,077,030 643,000 (1,068,569) 1,269,122 1,269,122 $ 1,912,122 $ 200,553 (1) 28% 0% 83% (2) (3) (3) 100% (4) 51% (4) 25 % 12%a Notes: 1) Property tax increments are received in January and May of each fiscal year. 2) Trustees Fees were due and payable in August of this fiscal year. 3) Property Tax Admin Fees and Pass -through Agreements are paid in January and May. 4) Debt Service Principal and Interest are due and payable by the first of September of each fiscal year. 4 ITEM 3 APPROVAL CITY ATTORNEY _ DIRECTOR OF FINAN( CITY MANAGER G TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Board FROM: John Meyer, Redevelopment Director DATE: December 7, 2004 SUBJECT: Purchase and Sale Agreements for Property located in Old Town RECOMMENDATION: It is Recommended that the Agency Board: 1. Adopt a Resolution entitled: RESOLUTION RDA NO. 04- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED ALONG THE NORTH SIDE OF FIRST STREET, WEST OF OLD TOWN FRONT STREET (APN 922-073-019 and 021) IN THE CITY OF TEMECULA 2. Authorize the expenditure in an amount not to exceed $170,000 for acquisition, escrow, closing costs, appraisal, soils testing, and related fees. BACKGROUND: Per Agency Board direction, staff has been working with Eastern Municipal Water District on the purchase of two properties located on the north side of First Street, west of Old Town Front Street within the public parking lot. EMWD has operated a lift station within the parking lot for many years. They have recently abandoned the station and have made it available as surplus property. The 7,600 sq ft property has been appraised at a total value of $150,000. A Phase I Environmental Analysis will be conducted on the properties to determine the potential for the presence of hazardous waste or unacceptable soil conditions. R:\Oldtow \OTACQ\StaffReport OT Acq Dec 7, 2004.doe Additional fund authorization in the amount of $20,000 is requested to cover escrow and closing costs, Phase I environmental analysis, and related fees. The Agency is looking for opportunities to provide additional off-street public parking. FISCAL IMPACT: The $170,000 acquisition cost will be funded through the Redevelopment Undesignated Fund Balance. Sufficient funds are available. Attachments: Resolution Purchase and Sale Agreement Exhibits RAOldtown\OTACQ\Staff Report OT Acq Dec 7, 2004.doc RESOLUTION RDA NO. 04- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED ALONG THE NORTH SIDE OF FIRST STREET, WEST OF OLD TOWN FRONT STREET (APN 922-073-019 AND 021) IN THE CITY OF TEMECULA THE AGENCY BOARD OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Agency Board of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: a. The Agency is currently implementing the Redevelopment Plan for Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and subsequently approved and transferred to the Redevelopment Agency of the City of Temecula on April 9, 1991 (the "Plan"). b. The Agency proposes to purchase the property described in the 'Purchase and Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located along the north side of First Street, West of old Town Front Street (APN 922-073-019 and 021) in the City of Temecula for redevelopment purposes consistent with the Agency authority under the Plan and the Community Redevelopment Act, Health and Safety Code Section 33000 at seq. C. The Agreement is consistent with the Plan and with the Implementation Plan adopted by the Agency. d. The Agency Board has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. e. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Moreover the acquisition of property by itself will have no impact on the environment as it is simply the change in ownership of the property without a change in the physical condition of the property. None of the conditions described in 14 Cal. Admin. Code § 15162 are found to exist. Therefore, pursuant to the provisions of CEQA and, specifically, 14 Cal. RAOldtown\OTACQ Acquisition Resos 1216\ResoEMWD.doc Admin. Code §§ 15162 and 15180, neither a subsequent nor a supplemental Environmental Impact Report is required for the subject agreement. Section 2. The Agency Board hereby approves that certain 'Purchase and Sale Agreement and Escrow Instructions" between the City of Temecula, a public body corporate and politic, and Eastern Municipal Water District (EMWD), which Purchase Agreement is dated as of December 7, 2004. The Chairperson of the Redevelopment Agency of the City of Temecula is hereby authorized and directed to execute the Agreement on behalf of the Agency. RAOIdtown\OTACQ\Acquisition Resos 1216\ResoEMWD.doc PASSED, APPROVED AND ADOPTED, by the Agency Board of the Redevelopment Agency of the City of Temecula this 7th day of December 2004. Jeff Comerchero, Chairperson ATTEST: Susan W. Jones, CMC Agency Secretary/City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, Susan W. Jones, CMC, Agency Secretary/City Clerk of the Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 04- was duly and regularly adopted by the Agency Board of the Redevelopment Agency of the City of Temecula at a regular meeting thereof held on the 7th day of December, 2004, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan W. Jones, CMC Agency Secretary/City Clerk R:\Oldto"\OTACQ\Acquisition Resos 1216\ResoEMWD.doc AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS First American Title Company 3625 Fourteenth Street Riverside, CA 92501 Attention: Debbie Newton, Title Officer Re: Escrow No.: THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS (this "Agreement") dated as of December 7, 2004, is entered into by and between Eastern Muncipal Water District (EMWD) and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Buyer"), upon the following terms and conditions: SALE AND PURCHASE PRICE 1.1 Sale and Purchase. Sellers agree to sell to Buyer and Buyer agrees to purchase from Sellers good and marketable fee simple title to that certain real property of approximately 7,600 sq ft property identified as Assessor's Parcel Numbers 922-073-019 and 021, located along the north side of First Street, west of Old Town Front Street in the City of Temecula, County of Riverside, State of California, Temecula, California 92590, and more particularly described on Exhibit "A" attached hereto, together with all easements, privileges, permits, licenses, entitlements, and other rights appurtenant thereto ("Real Property"), and all buildings, fixtures, equipment, structures, parking areas, landscaping, appurtenances and other improvements constructed or situated on the Real Property and owned by Sellers ("Improvements") (the Real Property and Improvements hereinafter collectively "Property"), for the price and upon all of the terms and conditions set forth herein. Buyer is purchasing the Property for a public purpose, namely for redevelopment and all uses necessary or convenient thereto. 1.2 Purchase Price. The purchase price ("Purchase Price") for the Property shall be One Hundred Seventy Thousand Dollars ($170,000), payable in cash. The purchase price is broken down as follows: Land Value - $150,000. Escrow and closing cost, Phase I Envrionmental analysis and related fees: Twenty Thousand Dollars ($20,000). Within fifteen (15) business days after opening of escrow hereof, Buyer shall deliver to Escrow Holder (as herein defined) cash in the amount of Ten Thousand ($10,000) (the "Deposit") in the form of a cashier's check, by a wire transfer, or other form acceptable to the Escrow Holder. The Deposit shall be placed in an interest -bearing account and all interest accrued thereon shall increase and become a part of the Deposit. On the close of escrow, the Deposit shall be applied toward the cash payment of the Purchase Price. Prior to the close of escrow, the Deposit shall be fully refundable to Buyer in the event this Agreement is terminated and Buyer is the non -defaulting party. The remaining balance of the cash payment of the Purchase Price shall be deposited by R:\Oldtown\OTACQ\Purchase Sale Agreement - EMWD. DOC 11/13/2003 Buyer into Escrow in the form of a cashier's check, wire transfer, or other form acceptable to the Escrow Holder, prior to the close of escrow. 1.3 No Relocation Assistance. Sellers hereby acknowledge and agree that the Property is owner occupied, and that the purchase and sale of the Property is being made in the course of voluntary negotiations between Sellers and Buyer resulting from Sellers having offered the Property for sale. Sellers shall have no further obligation to Buyer under the State Eminent Domain Law or under the Relocation Assistance and Real Property Acquisition statutes and guidelines, including but not limited to California Government Code Section 7260 et seq. and Section 6000 et seq. of Title 25 of the California Code of Regulations, and the Seller hereby waives any such assistance or benefits if applicable. Sellers hereby further waive any and all claims they may have now or in the future for compensation for relocation assistance, relocation benefits, pre -condemnation damages, compensation for property or for loss of goodwill under California Code of Civil Procedure Section 1263.510 et seq. or any other applicable law. 2. TITLE. 2.1 General. Title to the Property shall be conveyed by Grant Deed and shall be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Paragraph 2.3 hereof) ("Title Policy"), the cost of which shall be borne by Buyer, issued by First American Title Company, 3625 Fourteenth Street, Riverside, California 92501, (909) 787-1723; fax: (909) 784-7956, Title Officer Debbie Newton ("Title Company"), with liability in the full amount of the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens and encumbrances and other matters affecting title to the Property, except: 2.1.1 Non -delinquent real property taxes; and 2.1.2 Such conditions, covenants, restrictions, and utility easements of record as are approved by Buyer in its sole and absolute discretion. 2.2 Acts After Date of Agreement. During the period from the date of this Agreement through the close of escrow, Sellers shall not record, or file for record or permit to be recorded or filed for record any document or instrument which will affect the title to or use of the Property without the prior written consent of the Buyer, which consent shall not be unreasonably withheld. 2.3 Option for ALTA Coverage. Buyer shall have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the ALTA Extended Coverage Survey (the "Survey"); provided, that, Sellers shall provide to Buyer, at no cost to Buyer and within five (5) days after execution of this Agreement, a copy of Sellers most recent survey, if any, prepared with respect to the Property. The cost of an ALTA Extended Coverage Form Policy of Title Insurance shall be borne by Buyer. 2 R:1Oldtown\OTACMPurchase Sale Agreement - EMWD.DOC11/13/2003 3. RIGHT OF ENTRY. 3.1 Sellers hereby grant Buyer and its agents, employees, contractors and subcontractors (collectively "Representatives") the right of entry to the Property at reasonable times for the purpose of conducting soils and geological investigation and testing for toxic or hazardous substances and other contamination. Such investigation shall be at Buyer's expense. 3.2 Buyer shall deliver advance written notice to the Sellers of its intention to enter the Property to conduct activities pursuant to this Paragraph 3 at least one (1) business day prior to any entry onto the Property. Such notice of entry shall include the proposed dates and times of such entry, and the nature, specific location and scope of any test, investigation, or other activity upon the Property. Sellers and their representatives shall have the right to accompany and observe all of Buyer's and its Representatives' activities on the Property. 3.3 All work performed by Buyer and its Representatives will be performed diligently and in a manner consistent with the standards of care, diligence and skill exercised by recognized consulting firms for similar services, and in accordance with all regulatory and good management standards and the requirements of any governmental agency or entity and all applicable laws. 3.4 Buyer and its Representatives shall promptly notify the Sellers of any discovery, spill, release, or discharge of any "Hazardous Materials", as defined in Paragraph 5, on, under or about the Property which is discovered, encountered, or results from or is related to the Buyer's or its Representatives' access to and/or use of the Property under this Agreement. 3.5 Buyer and its Representatives shall remove from the Property any wastes and Hazardous Materials used in or generated by the activities of Buyer or its Representatives on the Property no later than the date of completion of their environmental investigation activities and operations on the Property. 3.6 In connection with the use of the Property by Buyer and its Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep the Property, and any improvements and personalty thereon, in good order and repair and safe condition to the extent that such Property, improvements or personalty were in such condition prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition, including, without limitation, ensuring that any holes, ditches or other indentations, as well as any mounds or other inclines created by any excavation by Buyer or its Representatives are regraded, resurfaced and compacted. If any portion of the Property or an adjacent property, including improvements and fixtures, suffers damage or alteration by reason of the access and activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and expense, promptly repair all such damage and restore the Property or adjacent property to as good a condition as before such damage or alteration occurred, or if it cannot be repaired, Buyer shall replace such damaged or altered property to the extent possible. 3.7 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify, and hold free and harmless Seller and its employees, agents, and representatives, and their 3 R:IOldtown\OTACQ\Purchase Sale Agreement - EMWD.DOC11/13/2003 successors, and assigns (individually as "Indemnitee" and collectively, "Indemnitees"), free and harmless from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever ("Claims"), including fees of accountants, attorneys, expert witnesses, or other professionals, and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to entry upon the Property pursuant to this Paragraph 3, except for that portion or percentage of a Claim against an Indemnitee based on the comparative negligence, gross negligence or willful misconduct of such Indemnitee. ESCROW. 4.1 Agreement to Constitute Escrow Instructions. This Agreement shall constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for this purpose. 4.2 Escrow Holder. The escrow shall be opened with First American Title Company, 3625 Fourteenth Street, Riverside, CA 92501, (909) 787-1723, fax: (909) 784-7956, Attention: Debbie Newton (dnewton@firstam.com) ("Escrow Holder"), within five (5) business days after the execution of this Agreement by Buyer and Seller by depositing an executed copy or executed counterparts of this Agreement with Escrow Holder. This document shall be considered as the escrow instructions between the parties, with such further instructions as Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder. If Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare such escrow instructions on its usual form for the purchase and sale of the Property upon the terms and provisions hereof. Provided such further escrow instructions are consistent with this Agreement, they shall be promptly signed by Buyer and Sellers within five (5) business days after delivery thereof to each party. The further escrow instructions shall incorporate each and every term of this Agreement and shall provide that in the event of any conflict between the terms and conditions of this Agreement and such further escrow instructions, the terms and conditions of this Agreement shall control. Escrow Holder shall not be held liable for the sufficiency or correctness as to form, execution or validity of any instruments deposited in this escrow (other than those documents prepared by Escrow Holder), or as to identity, authority or rights of any person executing the same, and Escrow Holder's duties hereunder shall be limited to the safekeeping of such money, instruments or other documents received by Escrow Holder and for the disposition or return of same in accordance with the instructions herein. The parties hereto agree jointly and severally to pay on demand, as well as to indemnify and hold Escrow Holder harmless from and against, all costs, damages, judgments, reasonable attorneys' fees, expenses and liabilities of any kind or nature which Escrow Holder may incur or sustain in good faith in connection with or arising out of this escrow which are not due to Escrow Holder's negligence or willful misconduct. 4.3 Opening of Escrow. Escrow shall be deemed open on the date of delivery to the Escrow Holder of a fully executed copy or executed counterparts of this Agreement. 4 R:\Oldtown\OTACQ\Purchase Sale Agreement - EMWD. DOC 11/13/2003 4.4 Close of Escrow. Provided all of Sellers and Buyer's obligations to be performed on or before close of escrow have been performed and all the conditions to the close of escrow set forth in this Agreement have been satisfied, escrow shall close on or before February 22, 2005 ("Closing Date"). All risk of loss or damage with respect to the Property shall pass from Sellers to Buyer at the close of escrow. Possession of the Property shall be delivered to Buyer upon the close of escrow. Notwithstanding anything in this Agreement to the contrary, escrow shall be deemed automatically terminated if it has not otherwise closed by February 29, 2005, regardless of cause or fault. 4.5 Buyer Required to Deliver. On or before the close of escrow Buyer shall deposit into escrow the following (properly executed and acknowledged, if applicable): 4.5.1 The Purchase Price; and 4.5.2 All other documents contemplated by this Agreement and required by Escrow Holder to be deposited by Buyer to carry out this escrow. 4.6 Sellers Required to Deliver. Before the close of escrow, Sellers shall deposit into escrow the following (properly executed and acknowledged, if applicable): 4.6.1 A Grant Deed conveying the Property to Buyer; 4.6.2 A non -foreign affidavit with respect to Sellers; and 4.6.3 Any other documents contemplated by this Agreement or required by Escrow Holder or the Title Company to be deposited by Sellers to carry out this escrow. 4.7 Conditions to the Close of Escrow. Escrow shall not close unless and until both parties have deposited with Escrow Holder all sums and documents required to be deposited as provided in this Agreement. The failure of a party to timely deposit any such sums and/or documents shall constitute a default by such party. Furthermore, escrow shall not close unless Sellers shall be able to deliver possession of the Property to Buyer free of all tenants, leases and/or agreements. Sellers agree to indemnify, protect, hold harmless and defend Buyer and its employees, agents, representatives, council members, attorneys, successors and assigns from and against any and all claims raised after closing by tenants raising or seeking any rights to relocation assistance or benefits based on their tenancy on the Property prior to the sale hereunder. In addition to the closing conditions set forth above, Buyer's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction, not later than the date that is fifteen (15) days after the date hereof ("Contingency Date"), of all of the following conditions precedent, which are for Buyer's benefit and may be waived only by Buyer: Sellers hereunder; 4.7.1 Sellers shall have performed all agreements to be performed by 4.7.2 Sellers representations, warranties and covenants set forth in this Agreement shall be true and correct as of the Contingency Date, and continue to be true and correct as of the Closing Date; 5 R:\Oldtown\OTACQ\Purchase Sale Agreement - EMWD.DOC11/13/2003 4.7.3 Buyer's approval, in its sole and absolute discretion, of the results of such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or water contamination tests and analyses as Buyer or its agents, employees or representatives may, prior to the Closing Date, perform with respect to the Property; 4.7.4 As of the Closing Date, there shall have been no material adverse changes in the physical condition of the Property, as described in Paragraph 6 or otherwise; 4.7.5 Verification by Buyer that Sellers are the owner of record of the Property and that there are no other owners of record of the Property as of the Closing Date; 4.7.6 Title Company shall have issued or shall have committed to issue the Title Policy to Buyer, for the amount of the Purchase Price showing fee title to the Property to be vested in Buyer, subject only to such conditions, covenants, restrictions, and utility easements of record as are approved by Buyer in its sole and absolute discretion; and 4.7.7 Approval of this Agreement by the Agency Board of the Redevelopment Agency of the City of Temecula. Neither Buyer nor Sellers shall act or fail to act for the purpose of permitting or causing any closing condition to fail. Waiver of any condition to close of escrow shall not relieve any party for liability resulting from breach of any representation, warranty, covenant or agreement under this Agreement. In the event that the conditions to close of escrow are not timely satisfied for a reason other than a default of Buyer or Sellers under this Agreement: (i) This Agreement, the escrow and the rights and obligations of Buyer and Sellers hereunder shall terminate, except as otherwise provided herein; provided, however, no such termination shall occur until (A) Buyer has had the opportunity to waive any condition for Buyer's benefit within two (2) business days after the later of Buyer's receipt of written notice from Sellers or Buyer's discovery that such condition will not be satisfied, and (B) Buyer does not elect to waive such condition; and (ii) Escrow Holder, upon such termination, is hereby instructed to promptly return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer in escrow and to return to Sellers all funds and documents deposited by Sellers in escrow and which are held by Escrow Holder on the date of the termination (less, in the case of the party otherwise entitled to such funds, however, the amount of any cancellation charges required to be paid by such party under Paragraph 4.12 below). 4.8 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds and instruments described in this Paragraph 4, Escrow Holder shall cause the Grant Deed to be recorded in the office of the County Recorder of Riverside County, California. Thereafter, Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges) to Sellers. 4.9 Prorations. All real and personal property taxes, liens and assessments shall be prorated between Buyer and Sellers as of the close of escrow based on the latest available tax information or, at Sellers election, such taxes, liens and assessments may be paid in full through escrow to the lienholder from the Deposit, so long as the Deposit is sufficient to 6 R:\Oldtown\OTACQ\Purchase Sale Agreement- EMWD.DOC11/13/2003 satisfy all outstanding liens. If such liens are paid through escrow, Escrow Holder shall cause the liens to be discharged and the discharge recorded prior to conveyance of fee title of the Property to Buyer. Any supplemental or escape real estate taxes and assessments on the Property attributable to the period prior to the close of escrow shall be paid by Sellers outside of the escrow. All prorations shall be determined on the basis of a 360-day year. 4.10 Costs of Escrow. 4.10.1 Sellers shall pay: (a) The cost of any obligations of Sellers hereunder. 4.10.2 Buyer shall pay: (a) All escrow fees and costs associated with the purchase of the subject real property; (b) The cost of recording the Grant Deed, if any; (c) The cost of documentary transfer taxes in connection with the recordation of the Grant Deed, if any; (d) The cost of any obligations of Buyer hereunder; and (e) Any other closing costs or charges not expressly provided for herein and customarily paid by a Buyer of real property in Riverside County, California. 4.11 Broker's Commission. Buyer and Sellers represent to one another that no broker or finder has been engaged in connection with the transaction contemplated by this Agreement, or to its knowledge is in any way connected with such transaction. Sellers covenant and agree that any broker fee or commission, which may be due or payable in connection with the closing of the transaction contemplated by this Agreement, shall be borne solely by Sellers. Sellers agree to indemnify, defend, protect and hold harmless Buyer and its respective employees, agents, representatives, council members, attorneys, successors and assigns, from and against all claims of any agent, broker, finder or other similar party arising from or in connection with the sale of the Property to Buyer. 4.12 Escrow Cancellation Charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges. In the event that the escrow shall fail to close for any other reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges. 5. REPRESENTATIONS AND WARRANTIES BY SELLERS. In consideration of Buyer's entering into this Agreement and as an inducement to Buyer to purchase the Property, Sellers make the following representations and warranties, each of which is material and is being relied upon by Buyer (the continued truth and accuracy of R kOldtownl0TAMPurchase Sale Agreement - EMWD.DOC11/13/2003 which shall constitute a condition precedent to Buyer's obligations to close hereunder and each of which shall survive the close of escrow): 5.1 This Agreement has been duly and validly authorized, executed and delivered by Sellers and no other action is requisite to the valid and binding execution, delivery and performance of this Agreement by Sellers; 5.2 There are no suits pending against or affecting or, to the best of Sellers knowledge, without having made investigation thereof, threatened against the Property or its use, whether in law or at equity; 5.3 Other than as disclosed in this Agreement, no joinder, consent, or waiver of or by any third party is necessary to permit the consummation by Sellers of the transaction contemplated pursuant to this Agreement; 5.4 To Sellers best knowledge, there are no materials, reports and information in Sellers possession relating to the Environmental Condition (any condition that exists prior to or after the Closing Date, with respect to the air, land, soil, surface, subsurface strata, surface water, ground water, storm water or sediments) of the Property, and there are no outstanding environmental remediation orders or decrees (federal or state) regarding the Property. Sellers shall deliver to Buyer any materials and reports relating to the Environmental Condition of the Property which comes into Sellers possession, and any information relating to the Environmental Condition of the Property of which Sellers become aware; 5.5 To the best of Sellers knowledge, Sellers are not aware of the existence of any violation of law or violation of governmental regulation with respect to the Property, including any Environmental Laws, as hereinafter/ defined; 5.6 There are no pending, or to the best of Sellers knowledge, without having made investigation thereof, threatened proceedings in eminent domain, which would affect the Property, or any portion thereof; 5.7 To the best of Sellers knowledge there has been no production, disposal or storage on the Property of any Hazardous Materials (as hereinafter defined) by Sellers or any of the contractors, agents, employees or representatives of Sellers or, to the best of Sellers knowledge, any previous owner or current or previous tenant of the Property; and to the best of Sellers knowledge, there has not been any other activity on the Property which could have resulted in the deposit or release on the Property of Hazardous Materials, or the violation of any Environmental Laws, or which could result in any proceeding or inquiry by any authority with respect thereto; 5.8 Sellers are not a "foreign person" within the meaning of Internal Revenue Code 1445; and 5.9 As of the Closing Date, there shall be no leases and/or other agreements in existence affecting the Property. N R:10ldtown%0TACQ\Purchase Sale Agreement - EMWD.DOC11/13/2003 The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et sec; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 at sec; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance' in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq; the Clean Water Act, 33 U.S.C. Section 1251 et sec; and the Water Quality Act of 1987, the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et sec; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq; the Noise Control Act, 42 U.S.C. Section 4901 et seq; the Occupational Safety and Health Act, 29 U.S.C. Section 651 at sec; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et sec; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq; as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq; the Atomic Energy Act, 42 U.S.C. Section 2011 et sec; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et sec; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 6. EMINENT DOMAIN OR TAKING: PHYSICAL DAMAGE OR DESTRUCTION. 6.1 If, prior to the close of escrow, any material portion of the Property is taken or if the access thereto or available parking area therefor is reduced or restricted by eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated taking which has not been consummated, other than any such taking prosecuted by or on behalf of the Buyer), Sellers shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to Sellers given not later than ten (10) business days after receipt of Sellers notice. If Buyer does not exercise this option to terminate this Agreement, neither party shall have the right to terminate this Agreement, but the Sellers shall assign and turn over to Buyer, and the p7 R:10ldtown\0TACQ\Purchase Sale Agreement - EMWD.DOC11/13/2003 Buyer shall be entitled to receive and keep, all awards for the taking by eminent domain which accrue to Sellers, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without modification of the terms of this Agreement and without any reduction in the Purchase Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this Agreement is terminated, Sellers shall take no action with respect to any eminent domain proceeding without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed. 6.2 If, prior to the close of escrow, any material portion of the Property is physically damaged or destroyed due to any cause, natural or otherwise, including, without limitation, (i) fire or flooding, (ii) any destructive seismic or geological conditions such as any earthquake or tremor, subsidence, or unstable subsurface conditions; or (iii) a condition arising from any discharge of Hazardous Materials or other violation of any Environmental Laws, Sellers shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to Sellers given not later than ten (10) business days after receipt of Sellers notice. If Buyer does not exercise this option to terminate this Agreement, neither party shall have the right to terminate this Agreement, but the Sellers shall assign and turn over, and the Buyer shall be entitled to receive and keep, all insurance proceeds paid by Sellers insurer in connection with such damage or destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without modification of the terms of this Agreement and without any reduction in the Purchase Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this Agreement is terminated, Sellers shall take no action with respect to any such damage and destruction without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed. 7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to herein are incorporated in this Agreement as though fully set forth herein. 8. ATTORNEYS' FEES. In any action between Buyer and Sellers seeking enforcement of any of the terms and provisions of this Agreement, or in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses. 9. NOTICES. All notices, requests, demands and other communication given or required to be given hereunder shall be in writing and personally delivered, sent by first class United States registered or certified mail, postage prepaid, return receipt requested, or sent by a nationally recognized courier service such as Federal Express, duly addressed to the parties as follows: To Buyer: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589 Attention: John Meyer Tel: (909) 694-6412 Fax: (909) 693-3903 10 R:I0ldtownk0TACQ1Purchase Sale Agreement - EMWD.DOC11/13/2003 With a Copy To: Richards, Watson and Gershon 355 South Grand Avenue, 40'" Floor Los Angeles, California 90071- 3101 Attention: Peter Thorson Tel: (213) 626-8484 Fax: (213) 626-0078 To Sellers: Eastern Municipal Water District (EMWD) 2270 Trumble Road Perris, CA To Escrow Holder: First American Title Company 3625 Fourteenth Street Riverside, CA 92501 Tel: (909) 787-1723 Fax: (909) 784-7956 Attention: Debbie Newton, Title Officer Delivery of any notice or other communication hereunder shall be deemed made on the date of actual delivery thereof to the address of the addressee, if personally delivered, and on the date indicated in the return receipt or courier's records as the date of delivery or as the date of first attempted delivery, if sent by mail or courier service. Any party may change its address for purposes of this Paragraph 10 by giving notice to the other party and to Escrow Holder as herein provided. 10. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned by either party without the prior written consent of the other party. 11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their successors and assigns. 12. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. No provision of this Agreement may be amended, supplemented or in any way modified except by an agreement in writing signed by the parties hereto or their respective successors in interest and expressly stating that it is an amendment of this Agreement. 13. ENFORCEMENT OF AGREEMENT BY SELLER. If the sale of the Property is not consummated as a result of the Buyer's material default hereunder, then Sellers may enforce their rights hereunder by an action against Buyer for damages, resulting from the material breach of this Agreement by Buyer. 14. ENFORCEMENT OF AGREEMENT BY BUYER. It is agreed that the rights granted to Buyer by Sellers hereunder are of a special and unique kind and character, and that, if there is a breach by Seller of any material provision of this Agreement, Buyer would not have 11 R:\Oldtown\OTACQ\Purchase Sale Agreement - EMWD. DOC 11/13/2003 any adequate remedy at law. It is expressly agreed, therefore, that Buyer's rights hereunder may be enforced by an action for specific performance and such other equitable or legal relief as is provided under the laws of the State of California. 15. HEADINGS. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 16. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 17. SURVIVAL. Any provision hereof which is executory as of the Closing Date and all representations and warranties shall survive such close of escrow and delivery of the Grant Deed and shall continue to be a binding provision on the parties hereto according to its terms. 18. TIME OF THE ESSENCE. Time is of the essence of this Agreement. 19. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. 20. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceability materially affects the economic terms of the transactions contemplated by this Agreement or the ability of either party to perform its obligations under this Agreement. In such case, either party may terminate this Agreement and the escrow upon written notice to the other party given no later than ten (10) business days after the party giving such notice becomes aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to Buyer. 21. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further acts and to execute, acknowledge and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 22. IRREVOCABLE OFFER BY SELLERS. Sellers execution and delivery to Buyer of this Agreement shall constitute an offer to sell the Property pursuant to the terms stated herein, which offer shall be irrevocable by Sellers, provided that Buyer accepts such offer by executing and returning to Sellers a counterpart of this Agreement on or before December 18, 2003. Sellers understand and agree that Buyer is a governmental entity which must schedule and hold one or more meetings of its governing body in order to authorize Buyer's acceptance of this offer and that Buyer is relying on the irrevocability of this offer in processing it for consideration by the Agency Board of the Redevelopment Agency of the City of Temecula and its governing body. Sellers further acknowledges and agrees that this Agreement is tendered under the provisions of California Evidence Code Section 1152, and in the event this Agreement 12 R kOldtown\OTACCI Purchase Sale Agreement - EMWD.DOC11/13/2003 is not fully executed by the parties hereto, or is terminated for any reason whatsoever, this Agreement shall not be admissible to prove Buyer's liability in inverse condemnation, for precondemnation damages or otherwise, and may not be used as an admission of value in any eminent domain or other proceeding. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. "SELLERS" Eastern Municipal Water District EMWD BUYER: THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a municipal corporation la Jeff Comerchero, Chairperson APPROVED AS TO FORM: Richards, Watson & Gershon 0 Peter Thorson, Agency Counsel 13 Attest: Susan Jones, CMC Agency Secretary/City Clerk R:\Oldtown\OTACQ\Purchase Sale Agreement- EMWD.DOC11/13/2003 Pursuant to LLA PA93-0107 approved by the City of Temecula Aug. 4, 1993 recorded August 26, 1993, Inst. No. 334292. That portion of Lot 3, in Block 30 of the Town of Temecula, in the County of Riverside, State of California, as per Map recorded in Book 15 page 726 of Maps, in the office of the County Recorder of San Diego County, California, described as follows: Commencing at the most westerly corner of Lot 22 of Block 30 as shown on said map, thence South 45' 29' 34" East 300 feet along the northeasterly right of way of River Street as shown on said Map to a point on the curved north-westerly right of way of First Street as described by deeds to the County of Riverside, recorded February 24, 1988, as instrument no. 47941 and 47942, a radial to said point bears South 810 22' 54" West, said right of way being a curve concave southeasterly having a radius of 50 feet; thence northeasterly along said curve through a central angle of 68' 35' 26" and an arc length of 59.86 feet to the True Point of Beginning, a radial to said point bears North 30' 01' 40" West; thence continuing northeasertly along said curve through a central angle of 00' 47' 43" and an arc length of 0.69 feet; thence North 60' 46' 03" East 21.93 feet to the common line between Lots 3 and 4; thence along said line North 45' 29' 34" West 97.26 feet; thence South 44' 30' 26" West 21.72 feet; thence South 45' 29' 34" East 90.93 feet to the True Point of Beginning. Project Site �FaF � ssr CO 4 Py� �?5 O� sr e� 5� Subject Site AG •✓G �S l O Tq Gp RG T TZ IDia map was masle by the City d Tem me la Ge rsphlc Ida m System (GIS). G, _ M ee 50 0 50700 Feet hw. I. T..wt-.paps.. i.N—w awa TM.repa sawaa nlw Me p.em.e cy sw w.w.e. n mem aawer I -a. ft m nw rnmp.me.n em syd a.epemaswames W Gvenae cwMy. Tna GIyIXTerenle.uunee m deep[' yl M iMdmad-sa, Mia eae.a mMm.�.iepe.ern.am �tb mq ® '^e a 4evrm.Wa�e em.caMulm. meGw•eMk im.mwmmsyumwa mw ab.aae....a a�ro oe 1"9 i� hS• {L1\t�i November 21, 2001 ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF FIfjI�N CITY MANAGE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Housing and Redevelopment Managerw DATE: December 7, 2004 SUBJECT: Five -Year Implementation Plan RECOMMENDATION: That the Redevelopment Agency conduct a public hearing and adopt a Resolution entitled: RESOLUTION NO. RDA 04- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING A FIVE YEAR IMPLEMENTATION PLAN FOR THE COUNTY OF RIVERSIDE REDEVELOPMENT PLAN NO. 1-1988 BACKGROUND: Effective January 1, 1994, AB 1290 established a new requirement that the Redevelopment Agency adopt an Implementation Plan (Plan) prior to December 31, 1994 and each five years thereafter for the redevelopment project area. The Implementation Plan was first adopted by the Redevelopment Agency on November 29, 1994 and again on January 1, 2000, expiring on December 31, 2004. The attached document is the Implementation Plan for the period beginning January1, 2005 and expiring on December 9, 2009. The Plan includes, as required, a description of specific programs and potential projects and estimated expenditures anticipated to be undertaken within the redevelopment project area within the five-year period of the Plan. It also includes an explanation of how the potential projects and estimated expenditures will eliminate blight within the project area. The Plan must also contain, for each of the five years, an annual housing program including a description of the number of housing units destroyed and/or removed, and the number units developed, substantially rehabilitated, price restricted and/or otherwise assisted. Further, the Implementation Plan must describe the Agency's plans for the use of annual deposits in the Low to Moderate Income Housing Fund. Additionally, if the implementation plan contains a project or projects for which the Redevelopment Agency is providing financial assistance and will result in the destruction or removal of dwelling units housing persons of low or moderate income, the Implementation Plan must identify proposed locations suitable for replacement housing units. R:\REDEV\ImplementationPlan99\Staff report 12-07-04.dob In order to be in compliance with AB1290 and to establish the Agency's five-year goals, staff recommends adoption of the attached Resolution adopting the Plan. FISCAL IMPACT: The adoption of the Implementation Plan does not bind the Redevelopment Agency to the expenditures described in the Plan and has no direct fiscal impact. ATTACHMENTS: Resolution Implementation Plan R:\REDEV\ImplementationPlan99\Staff report 12-07-04.do2 RESOLUTION NO. RDA 04-_ A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING A FIVE YEAR IMPLEMENTATION PLAN FOR THE PERIOD 2005-09 FOR TEMECULA REDEVELOPMENT PROJECT NO. 1-1988 WHEREAS, on July 12, 1988, the County of Riverside, prior to the incorporation of the City of Temecula, duly adopted Ordinance No. 658 enacting a Redevelopment Plan, known as the "County of Riverside Redevelopment Plan No. 1-1988" (hereafter referred to as the "Temecula Plan"); WHEREAS, subsequent to the enactment of the Temecula Plan, the City of Temecula was incorporated on December 1, 1989; WHEREAS, pursuant to City Ordinance No. 91-11, which became effective May 9, 1991, and City Ordinance No. 91-15, which became effective April 9, 1991, the City approved the Temecula Plan. Said Ordinances had the effect of adopting the Temecula Plan and transferring jurisdiction over the Temecula Plan to the Redevelopment Agency of the City of Temecula, as of July 1, 1991. Pursuant to City Ordinance Nos. 93-03 and 93-04, City Ordinance No. 91-11 was codified at Section 8.04.010 of the Temecula Municipal Code; WHEREAS, pursuant to City Ordinance No. 94-33 the Temecula Plan was amended to provide for the extension of the Temecula Plan and other financial matters. WHEREAS, the California Legislature has adopted Health & Safety Code Section 33490 which provides that every agency shall consider and adopt, following a public hearing, an implementation plan for each project area which shall contain the specific goals and objectives of the agency for the project area, including potential projects and estimated expenditures proposed to be made during the next five years and an explanation of how the goals and objectives, programs anal expenditures will eliminate blight within the project area and implement the Agency's low and moderate income housing obligations; WHEREAS, on November 29, 1994, the Redevelopment Agency of the City of Temecula adopted Resolution No. 99-06 adopting a Five Year implementation Plan for 1999 to 2004 pursuant to the requirements of Health & Safety Code Section 33490 for Temecula Redevelopment Project No. 1-1988" ("Implementation Plan"); WHEREAS, on December 7, 1999, the Redevelopment Agency of the City of Temecula conducted a duly noticed public hearing in accordance with the requirements of Health & Safety Code Section 33490 and considered the comments of the public with respect to the proposed "Implementation Plan for Temecula Redevelopment Project No. 1-1988" ("Implementation Plan"); and R:\REDEV\ImplementationPlan99\Tem Implementation Plan Res 120704.DCC WHEREAS, all legal prerequisites to the adoption of this Resolution and the proposed Implementation Plan have occurred. NOW, THEREFORE, the Redevelopment Agency of the City of Temecula does hereby resolve as follows: Section 1. The Agency hereby specifically finds all of the facts stated in the recitals set forth above are true and correct. Section 2. Pursuant to Health & Safety Code Section 33490, the Agency hereby adopts the document entitled "Implementation Plan" for Temecula Redevelopment Project No. 1- 1988, for the period of January 1, 2005 through December 31, 2009, a true, correct and complete copy of which is attached hereto as Exhibit A, and incorporated herein by this reference as though set forth in full. Section 3. The Secretary of the Agency shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Redevelopment Agency of the City of Temecula on December 7, 2004. Jeff Comerchero, Chairperson ATTEST: Susan W. Jones, CMC/AAE Agency Secretary/City Clerk [SEAL] R:\REDEV\ImplementationPlan99\Tem Implementation Plan Res 120704.130C STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, Susan W. Jones, Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the Resolution No. RDA 04-— was duly and regularly adopted by the Redevelopment Agency of the City of Temecula at a regular meeting thereof, held on the December 7, 2004, by the following vote, to wit: AYES: 0 AGENCY MEMBERS: NOES: 0 AGENCY MEMBERS: ABSENT: 0 AGENCY MEMBERS: ABSTAINED: 0 AGENCY MEMBERS: Susan W. Jones, CMC/AAE Agency Secretary/City Clerk R:\REDEV\ImplementationPlan99\Tem Implementation Plan Res120704.130C IMPLEMENTATION PLAN FOR THE PERIOD JANUARY 1, 2005 through DECEMBER 31, 2009 REDEVELOPMENT PROJECT NO. 1 - 1988 REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA A:U2EDEVVmplementa[ionPlan99UMPLEMENTATIONPLAN 1104.dm TABLE OF CONTENTS I. Legislative Requirements..................................................................... 1 II. Background...................................................................................... 2 III. Identified Conditions of Blight............................................................... 3 IV. Long Term Objectives of the Redevelopment Plan ....................................... 3 V. Short Term (Five -Year) Project Goals ....................................................... 4 VI. Proposed Implementation Activities........................................................ 5 VII. Relationship Between Implementation Activities and Redevelopment Plan Findings of Blight ................................................ 6 VIII. Inclusionary Et Replacement Housing Requirements......................................9 IX. Replacement Housing Requirements.......................................................13 X. Replacement Housing Plan..................................................................13 XI. Housing Set -Aside Requirements............................................................16 XII. Long Term Housing Goals and Policies....................................................18 XIII. Five -Year Housing Goals..................................................................... 20 XIV. Financial Assistance/Developer Participation ............................................. 22 AppendixA............................................................................................. 23 R:ULEDE VUmplemen[a[ionPlan99UMPLEMENTATIONPLAN 1104.doc ." 1000 , RDA Boundary /\I Streets +N [~ Parcels _ RDA Boundary o 1000 2000 Feel This map was made by the City ofTemecula Geographic Infonn8lion System. The map is derived from b8se data ....ucedby..._Coun\y_._ and the T.................. and lM1d Malegement Agmcy of Riveraide County. The Ctty ofTemecUa ass.nes no wonantyor Iegal_"" ""............. oon1ained on this map. Data Q kdonndon IqII.......lIed en Ids map ere atlject b l4Jd8Ie Md n...dr............ The GeograpNc Infonn8lion SyMn and other tKUC8S should be queried for the most CI.mlIIt tlfonnation. This map is not b' repmt or resale ""'15....,__... IMPLEMENTATION PLAN FOR THE TEMECULA REDEVELOPMENT PROJECT PLAN I. LEGISLATIVE REQUIREMENTS Assembly Bill 1290, also known as the Community Redevelopment Law Reform Act of 1993, effective January 1, 1994, enacted numerous revisions to the California Community Redevelopment Law including a requirement for the adoption of an implementation plan. The California Community Redevelopment Law, Health and Safety Code Section 33490 now requires that each redevelopment agency adopt an implementation plan prior to December 31, 1994 and each five years thereafter for each redevelopment project area. The implementation plan must contain the specific goals and objectives of the Redevelopment Agency for each project area; the potential projects and estimated expenditures proposed to be made during the five year period of the plan; and, an explanation of how the goals and objectives, potential projects and estimated expenditures will eliminate blight within the project area, and implement the housing related requirements of Code Sections 33334.2, 33334.4, 33334.6, and 33413. The implementation plan must contain, for each year of the five-year period, an annual housing program, including estimates of the number of housing units destroyed and/or removed, and the number of units developed, rehabilitated, price restricted and/or otherwise assisted. Further, the implementation plan must describe the Agency's plans for the use of the annual deposits in the low and moderate income housing fund during each of the next five years. Additionally, if the implementation plan contains a project or projects for which the Redevelopment Agency is providing financial assistance, and which will result in the destruction or removal of dwelling units housing persons and families of low -or moderate -income, the implementation plan must identify proposed locations suitable for replacement housing units. In accordance with Code Section 33490(c), the Agency must conduct a public hearing and hear testimony of all interested parties relative to the Redevelopment Plan and the implementation plan at least once within the five-year term of the Implementation Plan. The hearing must take place no earlier than two years and no later than three years after adoption of the implementation plan. i Notice of public hearings conducted regarding the adoption of the implementation plan must be published pursuant to Code Section 6063 of the Government Code and posted in at least four permanent places within the project area for a period of three weeks. Publication and posting must be completed not less than 10 days prior to the date set for hearing. II. BACKGROUND The Redevelopment Plan for Redevelopment Project No. 1-1988 was adopted by the Riverside County Board of Supervisors by Ordinance No. 658 adopted on July 12, 1988. The City of Temecula was incorporated on December 1, 1989. Subsequently, on April 9, 1991, the City Council approved Ordinance No. 91-14 activating the Redevelopment Agency of the City of Temecula (Agency) and Ordinance No. 91-15 adopting the County of Riverside Redevelopment Plan No. 1.1988. Pursuant to City Ordinance No. 94-33, the Plan was amended to extend the life of the Plan and modify certain financial provisions. Proiect Area Description The project area includes approximately 1,635 acres of land within four sub -areas described on the attached maps (Attachments A-1 through A-4). Sub -Areas Nos. 1, 2, and 3 are all located west of Interstate 15. Sub -Area No. 4 straddles Interstate 15 along Winchester and Ynez Roads. Sub -Area Descriptions/Current Land Uses • Sub -area 1 is located south of the Old Town area along Front Street. The primary land uses in this sub -area are highway and locally -serving commercial with some office and industrial uses interspersed. The area west of Front Street is mostly vacant or is the channel of Murrieta Creek. • Sub -area 2 contains the historic core of Old Town Temecula. It is generally located between First and Sixth Streets, and including the Pujol neighborhood. The primary land uses in the sub -area are commercial, office, and residential. The channel of Murrieta Creek also crosses this sub -area. • Sub -area 3 is located north of the Old Town core. It is generally situated between Sixth Street and Winchester Road. The primary land uses are commercial and industrial. Most of the commercial properties are located along Front Street and Jefferson Road. The area west of Murrieta Creek is primarily industrial. There is limited vacant land in this sub -area. The channel of Murrieta Creek also crosses this sub -area. • Sub -area 4 includes property north of Winchester Road and east of Interstate 15. The primary land uses in this sub -area are commercial and industrial. The channel of Murrieta Creek forms the westerly boundary of this area. 2 Ill. IDENTIFIED CONDITIONS OF BLIGHT The report to the Riverside County Board of Supervisors (Report) prepared in connection with the adoption of Redevelopment Plan No. 1-1988 identifies the blighting conditions within the Project Area that the Redevelopment Plan is intended to remedy. The blighting conditions that were identified in the Report are as follows: • The age, obsolescence, deterioration, mixed character or shifting of uses. • The subdividing and sale of lots of irregular form and shape, and inadequate size for proper usefulness and development. • The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment. • A prevalence of depreciated values, impaired investments, and social and economic maladjustment. • The defective design in character or physical condition. IV. LONG-TERM OBJECTIVES OF THE REDEVELOPMENT PLAN The Project Area includes a number of conditions which are specified in the California Community Redevelopment Law as characteristics of blight. The objective of the Redevelopment Plan is to eliminate such conditions of blight by providing needed public improvements, by encouraging rehabilitation and repair of deteriorated structures, by facilitating land assembly and development which will result in employment opportunities and an expanded tax base; and by promoting development in accordance with applicable land use controls. The Redevelopment Plan contains the following general objectives: (1) Provide a broad range of public service infrastructure improvements to induce private investment in the Project Area. Such improvements could include the construction or reconstruction of roads, streets, curbs and gutters, sidewalks, the installation of street lights, the construction and reconstruction of water storage and distribution facilities, the construction and reconstruction of sewage collection systems, development of drainage and flood control facilities, and the construction and reconstruction of overpasses and bridges. (2) Where appropriate to enhance the public health, safety and welfare, provide new or improved community facilities such as fire stations, park and recreational facilities and other public facilities. N (3) Promote the preservation and enhancement of Old Town Temecula following goals established for the Old Town Specific Plan. (4) Promote the improvement and centralization of industrial areas to make the provision of public services more efficient and to relieve development pressure on agricultural lands. (5) Promote the expansion of the City's industrial and commercial bases and local employment opportunities to provide jobs to unemployed and underemployed workers in the City. (6) Assist economically depressed areas and reverse stagnant assessed valuation trends. (7) Protect the health and general welfare of low -and moderate -income residents within the Project Area by utilizing 20% of tax increment revenue to increase and improve the supply of low -and moderate- income housing both inside and outside the Project Area. (8) Upgrade the physical appearance of the Project Area. (9) Encourage investment in the Project Area by the private sector. (10) Remove economic impediments to land assembly and in -fill development in areas which are not properly subdivided for development. (11) Consolidate parcels as needed to induce new or expanded, centralized commercial development in the Project Area. (12) Buffer residential neighborhoods from the intrusion of incompatible land uses and noise. (13) Encourage the cooperation and participation of Project Area property owners, public agencies and community organizations in the elimination of blighting conditions and the promotion of new or improved development in the Project Area. V. SHORT-TERM (FIVE-YEAR) GOALS FOR THE PROJECT AREA The priority short-term goals for the Project Area are intended to guide the City's redevelopment program from 2005 through 2009. It is anticipated that the majority of the projects and activities undertaken by the Redevelopment Agency (except those resulting from emergency situations) will meet these goals. Provide a broad range of public infrastructure improvements to induce private investment in the Project Area. This Goal will be achieved through the design and construction of needed public improvements (Long -Term Objective 1). • Enhance the public safety and welfare by providing improved community services. This goal will be achieved through the design and construction of needed public facilities and utilities. (Long -Term Objective 2). • Promote the preservation and enhancement of Old Town Temecula. This goal will be achieved through the regulation of land uses, the establishment of development standards and the rehabilitation and improvement of obsolete, deteriorated, or inappropriate buildings. (Long -Term Objective 3). • Promote expansion of the industrial and commercial economic and job bases. This goal will be achieved through the retention and expansion of existing businesses and the encouragement of new businesses in and around the Project Area. (Long -Term Objective 5). • Preserve, improve and expand housing opportunities for low -and moderate -income residents. This goal will be achieved through the rehabilitation, repair, and replacement of currently marginal or substandard residential units, by providing subsidies or other support to qualified low- and moderate -income households, and encouraging the development of new affordable housing resources (Long -Term Objective 7). • Remove economic impediments to land assembly and in -fill development in areas which are not properly subdivided for development through the consolidation of existing parcels to induce or expand centralized commercial development. (Long -Term Objective 10 and 11). VI. IMPLEMENTATION ACTIVITIES TO ACHIEVE SHORT-TERM GOALS To achieve these short-term redevelopment goals, the City of Temecula proposes to undertake the following blight elimination and community improvement programs. • Design and construct needed public improvements. Typical examples include, but are not limited to: design and construction of curbs, gutters, sidewalks, and parkway improvements along Pujol and Mercedes Streets, design and construction of parking improvements in the Old Town area. 5 • Provide improved community services. Typical examples include, but are not limited to: a community park, a community theater, museums and other public facilities which will benefit the Old Town Specific Plan Area and the Redevelopment Project Area. • Preservation and enhancement of Old Town Temecula. Typical examples include, but are not limited to projects which implement the Old Town Specific Plan, the General Plan and Development Code, the Non -conforming Sign Removal Program, the Old Town Facade Improvement Program, and the purchase and installation of freeway identification signs directing traffic to Old Town. • Expand the industrial and commercial economic and job bases. Typical examples include, but are not limited to: the Business Assistance and Recruitment Group, the Old Town Billboard Lease, economic development and relocation programs, and public -private joint ventures which fulfill the goals of the Old Town Specific Plan. • Improve housing opportunities for low -and moderate -income residents. Typical examples include, but are not limited to: the replacement or repair of marginal or substandard dwelling units, providing financial subsidies to qualified low -and moderate -income households, and programs that reduce land, site development and/or construction costs for low -and moderate -income housing. • Assemble land in areas, which are not properly laid out for development. Typical examples include, but are not limited to: the acquisition, assembly, marketing, and resale of property to support Redevelopment Project Area redevelopment activities. VII. RELATIONSHIP BETWEEN IMPLEMENTATION ACTIVITIES AND THE FINDINGS OF BLIGHT The preliminary list of redevelopment program activities scheduled for the next five years are shown in Table I. The purpose of this list is to identify which blighting condition(s) a particular project is expected to address and is not intended as a complete or final list of needed improvements within the Redevelopment Project Area. Most of the information and cost estimates are based upon the 2005-2009 Capital Improvement Program and have been rounded to the nearest thousand dollars. The costs depicted below are estimates and are subject to change as additional information becomes available or as local circumstances and needs change. V � W H N W W .N OW M X X X X X X C 'O j m W N A N d O 0 H_ Z O U � = a w H a— X X X X X X X X x X X X m 12 'q N LL W J LL z W 0 V A a w y � N N A C v ONII m c N j N m 0 N A E m e c r F w c o u O ' oo E o �. °" ino.°9.0om m al7 O LF :+ o ww u LL w m O w` C O a O O O S E¢ O ¢ 0 F VIII. INCLUSIONARY AND REPLACEMENT HOUSING REQUIREMENTS Leeislative Requirements Effective January 1, 1992, AB315 required that an affordable housing plan be prepared by each redevelopment agency that has adopted, or amended to add land area, a redevelopment plan after December 31, 1995. The Community Redevelopment Law Reform Act of 1993 (AB1290) encompassed the former AB315 requirements within the requirement to adopt an annual housing program as a part of the mandated implementation plan. The implementation plan must include the number of housing units developed, substantially rehabilitated, price -restricted, otherwise assisted, or destroyed. The implementation plan must also describe the Agency's plans for using annual deposits in the low -and moderate -income housing fund. If the implementation plan contains a project that will result in the destruction or removal of dwelling units that will have to be replaced pursuant to Code Section 33413, the implementation plans shall identify proposed locations suitable for those replacement dwelling units. Code Section 33413 of the Community Redevelopment Law states: (a) Whenever dwelling units housing persons and families of low -or moderate- income are destroyed or removed from the low -and moderate -income housing market as part of a redevelopment project which is subject to a written agreement with the Agency or where financial assistance has been provided by the Agency, the Agency shall, within 4 years of the destruction or removal, substantially rehabilitate, develop, or construct, or cause to be substantially rehabilitated, developed, or constructed, for rental or sale to persons and families of low -or moderate -income, an equal number of bedrooms as those destroyed or removed units at affordable housing cost within the territorial jurisdiction of the Agency. When dwelling units are destroyed or removed after September 1, 1989, 75 percent of the replacement dwelling units shall replace dwelling units available at affordable housing cost in the same income level of very low- income households, lower -income households, and persons and families of low -and moderate -income, as the persons displaced from those destroyed or removed units. (b) (1) At least 30 percent of all new and substantially rehabilitated dwelling units developed by an agency shall be available at affordable housing cost to persons and families of low or moderate income. Not less than 50 percent of the dwelling units required to be available at affordable housing cost to persons 9 and families of low -or moderate -income shall be available at affordable housing cost to, and occupied by, very low-income households. (2) At least 15 percent of all new and substantially rehabilitated dwelling units developed within a project area under the jurisdiction of an agency by public or private entities or persons other than the Agency shall be available at affordable housing cost to persons and families of low -or moderate -income. Not less than 40 percent of the dwelling units required to be available at affordable housing cost to persons and families of low -or moderate -income shall be available at affordable housing cost to very low-income households. HOUSING NEED The income proportionality test requires that the Agency target set -aside expenditures to the relative percentage of unmet need for very low, low, and moderate income unites, as defined in the City's most recently approved Housing Element. Based on the City's 1999-2004 Housing Element, the Agency's minimum required allocation for very low and low income expenditures, and maximum moderate income housing expenditures are: Very Low Income: At least 34% Lower Income At least 20% Moderate Income No more than 46% The Agency is entitled to expend a disproportionate amount of funds for very low income households, and to subtract a commensurate amount from the low and/or moderate income thresholds. Similarly, the Agency can provide a disproportionate amount of funding for low income housing by reducing the amount of funds allocated to moderate income households. In no event can the expenditures targeted to moderate income households exceed the established threshold amount. In order to meet the income targeting standards, the Agency proposes that this implementation Plan allocate 34% of the Housing Fund project and program expenditures to very low income households, 20% to low income households , and no more than 46% to moderate income households. Expenditures on Senior Citizen Projects The age restriction proportionality test requires that the maximum percentage of set -aside funds that an agency can allocate to senior housing is limited to the percentage of residents within the City that are 65 years of age and older, reported by the most recent census of the U.S. Census Bureau. IN As shown below, according to Census 2000, 7.1 of the City's population is aged 65 years or older. City of Temecula Seni�Test: Under 65 Year Old 53,619 92.9 65 Yeas and Older 4,097 7.1 In order to meet the age restriction proportionality test requirements, the Agency proposes that this Implementation Plan allocate 89.5% of the Housing Fund project and program expenditures to non -age -restricted housing. Additional Inclusionary Housing Requirements On September 28, 1994, the passage of SB732 incorporated additional requirements that call for the agency's inclusionary housing requirements to be met every ten years. If the requirements are not met within the applicable ten-year period, the agency must fulfill its inclusionary housing requirements on an annual basis. Further, if the agency exceeds their inclusionary housing goals during a given ten-year period, the excess housing units can be counted towards inclusionary housing goals in the subsequent ten-year period. For example, if 100 new housing units are developed or substantially rehabilitated in a project area within ten years of the initial implementation plan by entities other than the redevelopment agency, 15 of those units must be affordable to low -and moderate - income households (of which 6 must be affordable to very low-income households). If more than 15 units are developed or substantially rehabilitated as units affordable to low -and moderate -income households during this ten-year period, the affordable units in excess of 15 may be counted toward the agency's requirements for the next ten- year period. However, if fewer than 15 units are affordable to low -and moderate - income households at the end of the ten-year period, the agency must meet its production goals on an annual basis until the requirements for the ten-year period are met. Affordability Requirements Housing costs for low -and moderate -income housing developed pursuant to Sections 33413 must be affordable to persons and households whose income do not exceed 120 percent of the area family income. 11 For purposes of the Implementation Plan, the following income limits are used: Very Low Income (0-50 percent of area median family income) Low Income (51-80 percent of area median family income) Moderate Income (81-120 percent of the area median family income) The area median family income limits are adjusted for household size, with smaller households having lower income limits. The 2004 HUD median family income adjusted for a four -person household in Riverside County is $47,200. Thus by definition, 2004 maximum income is $23,600 for a very low-income four -person household, $37,750 for a low-income four -person family and $56,650 for a four -person moderate -income family for jurisdictions in Riverside County. TABLE 2 DEPARTMENT OF HOUSING It COMMUNITY DEVELOPMENT - 2004 INCOME LIMITS Standard 1 2 3 4 5 6 7 8 Very Low Income 19000 21700 24450 27150 29300 31500 33650 35850 Lower Income 30400 34750 39100 43450 46900 50400 53850 57350 Median Income 38000 43459 48850 54300 58650 63000 67350 71700 Moderate Income 45600 52100 58650 65150 70350 75550 80800 86000 12 TABLE 3 AFFORDABLE HOUSING COSTS Income Levels 1'1 Owner Costs Renter Costs Very Low (0-50%) 30% of 50% of adj. AMI,:) 30% of 50% of adj. AMI(:) Low 30% of 70% of adj. AMI(2) 30% of 60% of adj. AMI(2) (51-70%) (70-80%) Option: Max: 30% of gross hh inco) (61-80%) Option: Max: 30% of gross hh inc.),) Moderate Min: 28% of gross hh inc.),) 30% of 110% of adj. AMI(2) (81-120%) Max: 35% of 110% of adj. AMI (111-120%) Option: Option: Max: 35% of gross hh inco) Max: 30% of gross hh inc.),) i'I Household income (hh inc.) levels relative to area median -income. 1�1 Area Median Income (AMI) adjusted for family size appropriate for the unit. Duration of Affordability Section 33413(c) says, in part, that 'The agency shall require that the aggregate number of dwelling units rehabilitated, developed, constructed or price -restricted pursuant to subdivision (a) or (b) remain available at affordable housing cost to persons and families of low-income, moderate -income, and very low-income households, respectively, for the longest feasible time, as determined by the agency, but for not less than the period of the land use controls established in the redevelopment plan, except liq a longer period of time may be required by other provisions of law. The agency may permit sales of owner -occupied units prior to the expiration of the period of the land use controls established by the agency for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program which protects the agency's investment of moneys from the Low and Moderate Income Housing Fund. If land on which those dwelling units are located is deleted from the project area, the agency shall continue to require that those units remain affordable as specified in this subdivision." Section 33413(g) adds that "'Longest feasible time,' as used in this section, includes, but is not limited to, unlimited duration." 13 Subdivisions 33413(c) and (g) and Section 33334.3(f) require that all new or substantially rehabilitated housing units developed or otherwise assisted with monies from the low -and moderate -income housing fund on or after January 1, 1988, shall remain affordable for the longest feasible time but not less than fifty-five years for rental units and forty-five years for owner -occupied units. Section 33413(b)(2)(C) adds that "long-term affordability covenants purchased or otherwise acquired pursuant to subparagraph (B) shall be required to be maintained on dwelling units at affordable housing costs for not less than 55 years." IX. REPLACEMENT HOUSING REQUIREMENTS The Redevelopment Agency is required to replace low -and moderate -income housing units destroyed or removed as a part of a project development with another Low -or Moderate -Income Unit within four years. The Agency may replace destroyed or removed dwellings with fewer units if the replacement units have a greater or equal number of bedrooms and are affordable to the same income level households. Seventy-five percent of the replacement units shall be available at affordable housing cost to the same income level as persons displaced. X. THE REPLACEMENT HOUSING PLAN Consistent with the Community Redevelopment Law and Redevelopment Plan, this Replacement Housing Plan sets forth the City of Temecula Redevelopment Agency's plan for the development and construction of replacement dwellings within four (4) years following the date of destruction of affordable dwelling units removed or destroyed in connection with certain Capitol Improvement Projects within the redevelopment area. From time to time, the Agency pursues the acquisition of property for the purpose of affordable housing. Should such property contain existing low and moderate income households be removed or destroyed, replacement housing would be required. 14 Replacement dwelling units are required to be located within the boundaries of the project area. Alternative sites for affordable housing within the project area, suitable for projects which will provide replacement dwelling units, will be selected within four years following the removal of the units. The Redevelopment Agency plans to meet its replacement housing requirements pursuant to Section 33413(a) on both an opportunity and funds available basis, through one or more Federal, State, County or City sponsored housing programs including without limitation the following programs: 1. Community Development Block Grant Program 2. Home Program 3. Section 202 Program 4. Redevelopment Tax Increment Funds 5. Redevelopment Section 108 Funds 6. Redevelopment Tax Credits 7. Density Bonus Ordinance This portion of the Temecula Redevelopment Area Implementation Plan shall constitute the Replacement Housing Plan as required by Section 33413.5 Existing Housing Production in Project Area Since the adoption of the Redevelopment Plan, there have been no Agency assisted housing units developed or substantially rehabilitated within the project area, other than units which are restricted to low -and moderate -income households. Nor has there been any privately developed or substantially rehabilitated housing units constructed within the project area other than low- to moderate -income housing. Therefore, the Temecula Redevelopment Agency has no current inclusionary housing requirements in that all housing developed or substantially rehabilitated is restricted to low -and moderate -income use. Following is an inventory of low -to moderate -income housing constructed and substantially rehabilitated during the previous implementation period. Project Description Number of No. Reserved for No. Reserved for No. Reserv- Units Very Low -Income Low -Income Moderate -Inc Mission Village 76 8, 2-bdrm units 30, 2-bdrm units -0- 8, 3-bdrm units 30, 3-bdrm units Riverbank Villages 66 13, 1-bdrm units 53, 1-bdrm units -0- Cottages of Old Town 17 2, 2-bdrm un 6, 3-bdrm un 9, 4-bdrm un 161 Site Inventory The Temecula Redevelopment Area encompasses approximately 1,635 acres of land, of which 42 acres are currently occupied by residential uses. A total of 534 existing residential units can be found within the project area. Another 4.5 acres are currently vacant, but have a residential land use designation. A total of 75 new housing units may be added to the Project Area through the development of currently vacant land. Recycling of currently occupied land would result in a net gain of 132 units. Given a private residential build out of 219 new units in the project area, future inclusionary housing requirements are estimated at 34 units for lower -and moderate -income households, of which 14 units must be affordable to very low-income households. TABLE 5 TEMECULA REDEVELOPMENT PROJECT AREA RESIDENTIAL SITE INVENTORY Site Inventory Acreage Potential Buildout (Dwelling Units) 534 Existing Units Development of Vacant Land Medium (7-12 DU/AC) 1.00 10 High (13-20 DU/AC) 3.56 50 87 Subtotal Recycling of Underutilized Land 4.5 100 Total 48.75 618 Ten -Year Housing Projections The Temecula Redevelopment Plan was adopted in July 1988 and will expire in July, 2028. The housing production targets in this Implementation Plan extends for the ten- year period between 2005 and 2015 and establishes how the Agency intends to fulfill inclusionary requirements for housing produced during this time frame. Based on the estimated buildout of 219 new units over the next 23 years, a constant pace of residential development would yield an annual housing production of 10 units in the project area. Thus the ten-year housing projection for the Project Area would be 100 units. Six (6) of these units produced each year would be for low -and moderate -income households and 7 units for very low-income households. These ten- 16 year projections are very general and based on economic conditions. They have been included in the Implementation Plan as a means of gauging future residential growth to enable the Agency to develop an appropriate strategy to fulfill inclusionary requirements. However, the Agency's only commitment at the end of the ten-year period is to have provided for the inclusion of low/mod units based on actual development. XI. HOUSING SET -ASIDE REQUIREMENTS The Temecula Redevelopment Agency is required to set aside twenty percent (20%) of the gross annual tax increment into the low -and moderate -income housing fund. The purpose of the housing set -aside fund is to produce, increase, improve and preserve the community's supply of low -and moderate -income housing. In carrying out the annual housing set -aside requirements, the Agency may exercise any or all of its powers, including the following: • Acquire real property or building sites subject to the provisions of Code Section 33334.16, California Community Redevelopment Law. • Improve real property or building sites with onsite or offsite improvements, but only if the improvements directly and specifically improve or increase the community's supply of low -or moderate -income housing. • Donate real property to private or public persons or entities. • Finance insurance premiums. Construct buildings or structures. Acquire buildings or structures. • Substantially rehabilitate buildings or structures. • Provide subsidies to, or for the benefit of, very low-income households, as defined by Code Section 50105, lower -income households, as defined by Code Section 50079.5 or persons and families or low -or moderate -income, as defined by Code Section 50093, to the extent those households cannot obtain housing at affordable costs on the open market. (Housing units available on the open market are those units developed without direct government subsidies.) Develop plans, pay principal and interest on bonds, loans, advance, or other indebtedness, or pay financing or carrying charges. Maintain the community's supply of mobile homes. 17 Preserve the availability to lower -income households of affordable housing units in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. The twenty percent housing set -aside fund monies can also be used for planning and general administrative costs, when directly related to programs and activities associated with Code Section 33334.2(e). This includes the following activities: Costs incurred for salaries, wages, and related costs of the Agency's staff or for services provided through inter -agency agreements, and agreements with contractors, including usual indirect related costs. Costs incurred by a non-profit corporation which are not directly attributable to a specific project. Legal, architectural, and engineering costs and other salaries, wages, and costs directly related to the planning and execution of a specific project which are authorized under subdivision (3) of Code Section 33334.2 and which are incurred by a non-profit housing sponsor and are not planning and administrative costs for the purpose of this section, but are, instead, project costs. Housing Set -Aside Fund Estimate In order for the Agency to estimate the number of units it could develop in the next five years, a projection of twenty percent (20%) of the tax increment revenue was developed for the period FY 2004-2005 through FY 2008-2009. These monies would be allocated towards the preservation, development and/or substantially rehabilitation of very low, low and moderate income housing units. It is expected that these funds will be leveraged in concert with one of the housing programs cited in Section XIII. TABLE 6 PROJECTED HOUSING SET -ASIDE Year Estimated 20% Tax Increment 04/ 05 $1,920,640 05/ 06 $1,959,053 06/ 07 $1,998,234 07/ 08 $2,038,199 08/ 09 $2,078,963 18 XII. LONG TERM HOUSING GOALS AND POLICIES The General Plan Housing Element has five separate and distinct goals developed to address the various housing needs of the City. These are explicitly stated in order to give latitude and authority to design and address the implementation of the housing program. They are as follows: Goal 1 A DIVERSITY OF HOUSING OPPORTUNITIES THAT SATISFY THE PHYSICAL, SOCIAL AND ECONOMIC NEEDS OF EXISTING AND FUTURE RESIDENTS OF TEMECULA. Policy 1.1 Provide an inventory of land at varying densities sufficient to accommodate the existing and projected housing needs in the City. Policy 1.2 Encourage residential development that provides a range of housing types options in terms of cost, density and type, and provides the opportunity for local residents to live and work in the same community by balancing jobs and housing types. Policy 1.3 Require a mixture of diverse housing types and densities in new developments around the village centers to enhance their people - orientation and diversity. Policy 1.4 Support the use of innovative site planning and architectural design in residential development. Policy 1.5 Encourage the use of clustered development to preserve and enhance important environmental resources, and maintain important areas in open space. Policy 1.6 Promote the development of compatible mixed use projects that promotes and enhances the village concept, facilitates the efficient use of public facilities, and supports alternative transit options. Goal 2 AFFORDABLE HOUSING FOR ALL ECONOMIC SEGMENTS OF TEMECULA. Policy 2.1 Promote a variety of housing opportunities that accommodate the needs of all income levels of the population, and provides opportunities to meet the City's fair share of low- and moderate -income housing. Policy 2.2 Support innovative public, private and non-profit efforts in the development of affordable housing, particularly for special needs groups. 19 Policy 2.3 Encourage the use of non-traditional housing models, including single - room occupancy structures (SRO) and manufactured housing, to meet the needs of special groups for affordable housing, temporary shelter and/or transitional housing. Policy 2.4 Pursue all available forms of private, local, state and federal assistance to support development and implementation of the City's housing programs. Goal 3 REMOVAL OF GOVERNMENTAL CONSTRAINTS IN THE MAINTENANCE, IMPROVEMENT AND DEVELOPMENT OF HOUSING, WHERE APPROPRIATE AND LEGALLY POSSIBLE. Policy 3.1 Provide reasonable processing time and fees for new construction or substantially rehabilitation of housing. Policy 3.2 Consider mitigating development fees for projects providing affordable and senior citizen housing. Policy 3.3 Periodically review City development standards to ensure consistency with the General Plan and to facilitate high -quality affordable housing. Goal 4 CONSERVATION OF THE EXISTING AFFORDABLE HOUSING STOCK. Policy 4.1 Monitor and regulate, if necessary, the number of affordable units eligible for conversion to market -rate units and develop programs to minimize the loss of these units. Policy 4.2 Develop rehabilitation programs that are directed at preserving the integrity of the housing stock. Policy 4.3 Support the efforts of private and public entities in maintaining the affordability of units through implementation of energy conservation and weatherization programs. Goal 5 EQUAL HOUSING OPPORTUNITY FOR ALL RESIDENTS IN TEMECULA. Policy 5.1 Encourage and support the enforcement of laws and regulations prohibiting the discrimination in lending practices in the sale or rental of housing. Policy 5.2 Assure and support the efforts of others to ensure that unrestricted access to housing is available to all segments of the community. 20 Policy 5.3 Encourage housing design standards that promote the accessibility of housing for the elderly and disabled. Policy 5.4 Encourage and consider supporting local private non-profit groups that address the housing needs of the homeless and other disadvantaged groups. XIII. FIVE-YEAR HOUSING GOALS During the five-year period of the implementation plan, the Redevelopment Agency of the City of Temecula will facilitate the preservation, new construction and/or substantial rehabilitation of affordable housing projects which will support the following goals: • Satisfy the replacement housing requirements of community redevelopment law as they relate to any housing units displaced by Redevelopment Agency activities. • Satisfy the inclusionary housing requirements of community redevelopment law as they relate to the provision of affordable housing and as a percentage of new or substantially rehabilitated housing constructed within the redevelopment project area. • Work toward the City of Temecula's fair share regional affordable housing goals. • Support overall community development, economic development, and redevelopment/revitalization efforts within the City of Temecula. It is anticipated that the Redevelopment Agency will couple housing set -aside funds with other public and private funding sources as described below. The Redevelopment Agency will seek to generate the construction, substantial rehabilitation, and/or purchase of affordability covenants through public and/or nonprofit sponsors. The City of Temecula has no Article 34 authority and it is not anticipated that the Redevelopment Agency or the City will directly own and manage affordable housing projects. Proiect Selection Criteria Projects seeking financial assistance from the Redevelopment Agency's Low and Moderate Income Housing Fund will be evaluated on a case by case basis based on the following criteria: Ability of the project to generate other public/private funding in support of housing set aside funds. 21 • Degree to which the proposed project meets multiple community goals in addition to affordable housing goals. These goals include but are not limited to the following: a. Replacement housing requirements. b. Inclusionary housing requirements. C. Fair share regional housing requirements. d. Achieve community goals for redevelopment, neighborhood revitalization and economic development. • The cost benefit of the proposed affordable housing program as defined by the ratio of affordable housing assistance requested to number of affordable housing units provided. • The financial track record, management and development experience of the proposing sponsor. Annual Targets The number of affordable housing units to be developed over the five-year implementation plan period will depend in large part on market conditions, availability of funding to supplement housing set -aside funds and the degree to which proposals are submitted which satisfy the stated goals and objectives. Subject to these limiting factors, the following are the production goals for the five-year implementation plan: TABLE 7 ANNUAL HOUSING GOALS Year Units 2005 12 2006 12 2007 12 2008 12 2009 12 TOTAL: 60 22 Limiting Factors A number of conditions may limit the ability of the Redevelopment Agency to meet Implementation Plan goals. Among them are the existing land uses and socioeconomic characteristics of the project area, limited funds available from the Agency's Low and Moderate Income Housing Funds and other funding sources, and changing market calculations. XIV. FINANCIAL ASSISTANCE/DEVELOPER PARTICIPATION The Agency's philosophy with regard to providing financial assistance in the development of affordable housing has been to leverage low -and moderate -income funds with other sources of funds. There are numerous federal, state, county or city programs in which an agency or developer may participate. In addition, the Agency may establish local programs to assist in the establishment and preservation of low -and moderate -income housing. Apendix A, contains a brief description of these various programs. 23 APPENDIX A LIST OF FUNDING PROGRAMS HOME Program The HOME Program is a federally funded grant program for housing. Funds are allocated by formula to participating jurisdictions who are allowed great flexibility with respect to the types of properties to be assisted, the types of development (new construction, modest or major rehab, etc.) to be undertaken, the forms and amounts of financing to be offered, the quality and type of housing provided, the households assisted and procedures for running programs. The intent of HOME is: • To expand the supply of decent, safe sanitary and affordable housing. • To strengthen the abilities of state and local governments to provide housing. • To assure that federal housing services, financing, and other investments are provided to state and local governments in a coordinated, supportive fashion. HOME is designed as a partnership among the federal government, sate and local governments and those in the for -profit and non-profit sectors who build, own manage, finance and support low-income housing initiatives. CDBG Currently, the City uses CDBG funds primarily for program planning and supportive services. Should the need arise to use these funds for affordable housing production in the future, a portion of the City's annual CDBG allotment could potentially be redirected. Low Income Housing Tax Credit (LIHTC) As part of the Tax Reform Act of 1986, Congress created the Low Income Housing Tax Credit (LIHTC), which provides a tax shelter for limited partners in low-income housing projects. This program will represent an important financial resource for affordable housing development by the private sector. Private Institutions Under the Community Reinvestment Act (CRA), private lending institutions such as banks, thrifts, and their affiliated mortgage banking subsidiaries are required to annually assess the credit needs of the communities in which they operate. The City 24 has and will continue to hold meetings with lenders to discuss local needs and potential programs that may be within the guidelines of community reinvestment. Savines Association Mortgage Company (SAMCO) SAMCO is a statewide organization supported by stockholder savings institutions that assists in the development and financing of socially -oriented affordable housing projects. SAMCO's Board of Directors reviews and selects projects to be offered in loan pools for participation purchase by its members. The pooling process has enabled SAMCO and its members to invest additional funds in low -and moderate -income communities. SAMCO has worked extensively with non-profit developers and financed a variety of housing projects that utilize joint public/private resources. California Community Reinvestment Corporation (CCRC) CCRC is a non-profit mortgage banking consortium specifically designed to provide long-term debt financing for affordable housing developments. Created in 1989, the CCRC is comprised of fifty-six banks representing all areas of the State. The CCRC finances loans by pooling funds from each of its member banks. CCRC has its own staff, which screens applications and provides technical assistance to developers. A loan committee, consisting of senior credit officers from member banks, approves all loans on behalf of member banks. When the loan committee approves a loan, CCRC draws funds from each bank in proportion to their size. CCRC enters into "partnership" with cities to leverage public monies (redevelopment low -and moderate -income housing funds, CDBG, etc.) with CCRC private funds to construct low -and moderate -income housing. Five different 30-year fixed rate loans products are offered, with affordability required to be maintained for the life of the loan. Below market interest rates are provided to both non-profit and for -profit sponsors (Treasury bonds of comparable maturities plus 100 basis points for non- profits, plus 200 basis points for profits.) Federal Home Loan Bank The affordable housing programs mandated by the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) of 1989 and the Community Reinvestment Act are now being implemented through the 12 Federal Home Loan Banks. By law, the affordable housing provisions call for, among other things, a requirement for interest - subsidized loans to be extended to low-income homebuyers, as well as a variety of lending activities that fall under the "community investment" heading. P4i Through the Affordable Housing Program, the FHLB provides interest rate subsides on advances to member banks that engage in lending for long-term low -to moderate - income owner -occupied or affordable rental housing. Loans that qualify for the program include those used to finance homeownership by low-income families, and loans which finance the purchase, construction or rehabilitation of rental housing, of which at least 20 percent will be occupied by very low-income households. In addition to the Affordable Housing Programs, the FHLB also implements a Community Investment Program. Through this program, each district bank appoints a community investment officer and provides "community -oriented" mortgage loans to members at its own cost of funds. Loans that qualify for the program include those used to finance the purchase or rehabilitation of homes by borrowers earning 115% or less of the are median -income, and those that finance commercial or economic development projects that benefit low -and moderate -income families. Deed -Restrict Existing Proiects The City has numerous multi -family projects in the Project Area that are currently occupied by lower -income tenants. The City/Agency may negotiate deed restrictions with owners of these existing projects to restrict rental rates to levels affordable to lower -income households. Low -and moderate -income housing funds for rehabilitation of the buildings may be offered as an incentive in exchange for deed restrictions. Assistance to the existing rental stock should be publicly advertised to solicit applications from existing owners. Extend Existing Deed Restrictions The City has four multi -family projects in the Project Area that assist lower -income tenants. However, none are eligible to convert to market rate rents during the five- year period. 1. Rancho West Apartments, 150 units will remain affordable until 2026. 2. Rancho Creek Apartments, 30 units will remain affordable until 2026. 3. Mission Village Apartments, 76 units will remain affordable until 2028. 4. Creekside Apartments, 48 units will remain affordable until 2036. 5. Riverbank Villages Senior Apartments, 66 units will remain affordable until 2058. Rancho West, Rancho Creek, and Mission Village Apartments were financed in part with redevelopment low- to moderate -income housing funds. The construction of Creekside Apartments was financed with FmHA Section 515 funds. Conversion of Commercial Development to Mixed -Use Development The City of Temecula's General Plan and Old Town Specific Plan both contains policies that encourage the use of mixed -use development. Within the project Area and `T--1 particularly within Old Town these policies could facilitate the conversion of second and third story office/retail space to affordable units. Low -and moderate -income housing funds for rehabilitation of the space may be offered as an incentive for conversion to affordable units. As part of the funding assistance the City/Agency may consider placing deed restrictions on these converted units to ensure unit affordability. Subsidized New Construction/Purchase of Existing Housing New construction of rental housing for lower -income households traditionary represents one of the Agency's primary options to fulfill its inclusionary housing production requirements. The gap between market rents and rents affordable to very low -and low- income households, typically require subsidies to achieve affordability. The amount of subsidy required depends on the type and size of housing to be developed. Substantial Rehabilitation Rehabilitation of existing rental properties is a cost-effective program option to fulfill the Agency's affordable housing production requirements. The Agency uses Redevelopment Low and Moderate Income Housing Funds to provide financial assistance for the rehabilitation of private non-profit and for -profit rental properties. The Agency has established its own rehabilitation program. The Riverside County Economic Development Agency also administers a similar program available to owners at property in Temecula. Residential Improvement Program Preservation of the single-family housing stock owned and occupied by very low, low - and median -income families fulfills Agency goals. The Agency uses Redevelopment Low and Moderate Income Housing Funds to assist families with correction of code deficiencies and exterior repairs, which if left deferred would create significant blight. For senior citizens only, the assistance is a grant. Mobilehome Park Assistance Program Currently, a single mobile home park exists in the City. The City may develop a program using redevelopment low -and moderate -income housing funds to assist lower - and moderate -income mobilehome park tenants in stabilizing their rents. This may result in the conversion of a park to tenant -owned. A City program should be in conjunction with the State Mobilehome Park Conversion Assistance Program. Affordability controls on mobilehome parks can be achieved through different approaches: 27 • The City may assist tenant purchase of individual spaces. Permanent financing of lots may be provided through conventional financing, the State's Mobilehome Resident Ownership Program, redevelopment low -and moderate -income housing funds, and other public/private subsidies for lower -income households. • The City may provide technical assistance in the formation of a tenant association, which will then purchase the park with financial assistance from the City, State, or other sources. In return, the association will be required to either maintain the existing income mix of tenants or through time, restrict the renting of spaces to lower- income tenants. In order to count mobilehome parks towards fulfillment of very low-income inclusionary production requirements, space rents would need to be deed -restricted for the life of the Redevelopment Project, and restricted to occupancy by very low- income households. First -Time Homebuyers Program The First -Time Homebuyers Program (FTHB) is a down -payment assistance program for median; low- and very low-income homebuyers. Qualified buyers are eligible to receive up to $24,000 is assistance for the purchase of a primary residence. HUD requires that buyers participating in the program agree to an affordability period of 20-year for new construction and 15-years for all other property. If the property is sold prior to the end of the affordability period, and the purchaser is not eligible for the program, the assistance funds must be repaid. The funds are returned to the program to provide assistance to new participants. The program can also be structured as an interest rate buy -down program. Mortgaee Credit Certificate Program The Mortgage Credit Certificate Program (MCC) is available for first-time homebuyers who have not had an ownership interest in a principal residence within the previous three years. Buyers interested in participating in the program make application through their lender at the time they apply for a home loan. The MCC provides a tax credit which allows the borrower to qualify for a larger mortgage. This tax credit is calculated a 20% of the annual interest paid on the primary mortgage, and can be no greater than $2,000 per year. Single Family Mortgage Revenue Bond Program The County of Riverside coordinates interested lenders and developers who wish to participate in a single family tax exempt bond program. The County issues tax exempt bonds to generate a pool of funds from which mortgages will be drawn. The developers and/or lenders pay the up front costs for the financing and reserve a portion of the pool to originate mortgages in their projects. The individuals 28 purchasing the homes must be first time homebuyers and fall within certain income parameters. Ultimately, the first time homebuyer can qualify for a larger mortgage because the interest rate is lower than market rate. The developer/lender can use the mortgage pool to more effectively market their homes. Multi -Family Bond Program The Multi -Family Bond Program provides long term financing for multi -family projects at tax exempt rates. The program requires that 20% of the units be reserved for low - and moderate -income residents. Project owners are required to provide a letter of credit, insurance or other credit, insurance or other credit enhancement for the financing. 29 ATTACHMENT A-1 MAP OF SUB -AREA 1 w SP-8 Subarea 1: Zoning Map Cl City 7\7 Highways /\J Centerline o Parcels 400 0 , (l) 400 800 Feet This map was made by the City of Temecula Geographic Information S)1ltem. Tho map Is derlv9d from base data producedl:r;'lheRiver8ldeCountyAssesaor'sOepartment Inl the T/WIlIporialion and Land Management Agency of RIversIde County. TheCltydT&mea.llaassumesl'll;l warranty or legal responsIbllltyforlheinformatlon conlaIned onlhlsrnap.Dataandlnformatlonrepresentedonlhlsrnap In subject to update and modification. The GeographIc Information System and otI'MIr sources shoUd be qulN1ed for IhB most currenllnformation. ThIs map Is not for ruprlnt or rusalu. Map prepaI9d November 8, 2004 r:\gis\kelli\arcviewprojects\8ubarea_1.apr ATTACHMENT A-2 MAP OF SUB -AREA 2 30 Subarea 2: Zoning Map DCity /\I Highways /\I Centerline o Parcels 200 0 200 (l) 400 Feet TlQ map was made by tho City at Teroocula GeographIc Information S~tem. The map Is derived from base data produced by the Riverside CountyAssessof'a Department andtheTransportatlonanclLanc:lManagernentAgency d RIverslde County. The City dTemecula 8a5UrTI8IJ no warranlyorlegalresponslbllltyforthelnfcrmalloncontalned on thls map. Data and Wormatlon represented on this map are sut;ect to update and modification. The Geographic InfoonatIon System and other lKlUrces shoIAd be queried for the most cufT8flllnformation. This map Is nd. for repri!t or rM8l&. Map prep&r9d November 8, 2004 r:\gIs\kelll\arc\llev.project:s\slAlaree_2.epr ATTACHMENT A-3 MAP OF SUB AREA 3 32 Subarea 3: Zoning Map C}) ~ DCity /\I Highways /\I Centerline D Parcels 400 o 400 800 Feet - . This map was made by the CltyofTernecuIa Geogaphle Information System. The map is derived from base data produced by the Rivlnide County Asaessor's Department and the Transportadon and Land Manegement: AQencI of Riverside County. The City ofTen\eQJ1a assumes no WIII'nIontyorlegalrespoosibilityforthelnformatloncontalned on this map. Data and Information represented on this map are subject to update and modJflcation. The GeographIc Information System and other soun::ee: 8lWd be qu&ri8d for the most CUfl'OOt Information. This map " not tot reprint or resale. Map pr8p8I9d November 8, 2004 ATTACHMENT A-4 MAP OF SUB -AREA 4 34 Subarea 4: Zoning Map DCity /\I Highways /\I Centerline D Parcels 400 0 400 BOO Feet r--_ C}) TNs map was made bylhe CitydTemecula Geographic Infom\atIon System. The map la derived rrom base data produood by the Rlwrslde CountyAss8ssa"s Department and the Transportation and Land Management Agency d Rtv9l'$lde County. The City d Temec:ula assumes no warrantyorlegallll$pOll$lbilityforlheinformalionc:ootained on this map. Data and Irtormatlon I'8pr86lII'rted on this map 81'8 sutj8Ct to updal8 and modiftcalion. The Geographic Information Syslem and olhersources should be queried forlhe ITlO&lcurT9nl.lnformatIon. ThIs map Is not for reprint or resale. Map prepared NoYerrtIer 8, 2004 r:\gia\k6lli\an;:vlewproJects\suba"ea_4.apr III PROPOSED PROJECTS PROGRAMS/CONTRIBUTION - PUBLIC PROPOSED CEONI ?EETEB-PROJECTS AND PROGRAMS AND CONTRIBUTION TO BLIGHT REMOVAL — PUBLIC REDEVELOPMENT PROJECT AREA JANUARY 2004 — DECEMBER 2009 IMPLEMENTATION PLAN Existing Use Project/Program Date Project/Program Description Contribution to Blight Removal Com leted Public Improvement Program: Civic Center 2008 New Civic Center and Parking • Create Employment Opportunites Structure • Enhance the potential for new private development • Utilize underproductive land Fagade Improvement 2005 — 2010 To improve the visual Program presentation of individual . Promote the "Old West" design properties in Old town theme • Facilitate continued growth and economic stability • Eliminate blight and non- conforming design standards. Old Town Temecula 2005 New Community Theater • Create Employment Opportunites Community Theater a Enhance the potential for new private development • Utilize underproductive land • Removed surrounding property out of flood plain R:\REDE V\ImplementationPlm99\publiproposed2004.doc PROPOSED PROJECTS PROGRAMS/CONTRIBUTION - PRIVATE PROPOSED PROJECTS AND PROGRAMS AND CONTRIBUTION TO BLIGHT REMOVAL — PRIVATE REDEVELOPMENT PROJECT AREA JANUARY 2004 — DECEMBER 2009 IMPLEMENTATION PLAN Existing Use Project/Program Date Project/Program Description Contribution to Blight Removal Completed Private Development Program: Campus Project 2005 New Construction • Create neighborhood stability Addition to existing 3-story . Prevent business out -migration Vacant Land commercial retail building e Create employment opportunities • Service unmet commercial/retail needs • Utilize unproductive land Dalton 2005 New Construction of • Create neighborhood stability 3 —story commercial building . Prevent business out -migration Vacant land . Create employment opportunities • Service unmet commercial/retail needs • Utilize unproductive land Seaway 2007 New Construction of • Create neighborhood stability 2-Story Commercial Retail . Prevent business out -migration Vacant Land Building a Create employment opportunities • Service unmet commercial/retail needs • Utilize unproductive land Penfold II 2005 New Construction of • Create neighborhood stability 3-Story . Prevent business out -migration Vacant Land Commercial/Retail/Restaurant e Create employment opportunities Bldg. . Service unmet commercial/retail needs • Utilize unproductive land Butterfield 2006 New Construction of • Create neighborhood stability 3-Story • Prevent business out -migration Commercial Commercial/Retail/Restaurant e Create employment opportunities Bldg. • Service unmet commercial/retail needs • Utilize unproductive land Penny Dome 2006 New Construction 2 — Story • Create neighborhood stability Office Building • Prevent business out -migration Vacant Land • Create employment opportunities • Service unmet commercial/retail needs • Utilize unproductive land R:\REDE V\ImplementationPlan99\200404proposedprojects.doc COMPLETED PROJECTS PROGRAMS/CONTRIBUTION - PUBLIC COMPLETED PROJECTS AND PROGRAMS AND CONTRIBUTION TO BLIGHT REMOVAL — PUBLIC REDEVELOPMENT PROJECT AREA JANUARY 2000 - DECEMBER 2004 IMPLEMENTATION PLAN Existine Use Project/Program Date Project/Program Description Contribution to Blight Removal Completed Public Improvement Program: Children's Museum June 2004 Develop an interactive hands- • Created Employment Opportunites on Children's Museum . Enhanced the potential for new private development • Utilized underproductive land Fagade Improvement 1990 —2004 To improve the visual Program presentation of individual e Promote the "Old West" design properties in Old town theme • Facilitate continued growth and economic stability • Eliminate blight and non- conforming design standards. Mission Village February 2000 New construction of 76 • Created Affordable Housing 2-3 Bedroom Apartment Units a Created Neighborhood Stability • Utilized under productive land • Alleviated crime/lack of public safety Cottages of Old Town September New Construction of 14 — . Utilized unproductive 2004 Single Family Homes and 3 • Provided stability to the Project remodeled existing homes. Area by enhancing the permanent Restricted to low and residential base moderate income facilities . Increased supply of affordable housing • Provided homeownership opportunities Riverbank Villages September New Construction of • Created Affordable Senior Housing Senior Apartments 2004 66 1 — Bedroom Senior . Created Neighborhood Stability Apartment • Utilized under productive land Vacant Land • Alleviated crime/lack of public safety R:\REDE W mplementationPlan99\publicwmpleted2004.doc COMPLETED PROJECTS PROGRAMS/CONTRIBUTION - PRIVATE COMPLETED PROJECTS AND PROGRAMS AND CONTRIBUTION TO BLIGHT REMOVAL — PRIVATE REDEVELOPMENT PROJECT AREA JANUARY 1999 — DECEMBER 2004 IMPLEMENTATION PLAN Existing Use Projew'Program Date Project/Program Description Contribution to Blight Removal Com feted Private Development Program: Baily Restaurant November 2004 New Construction of Casual • Prevented business out -migration and Fine Dining Restaurant • Created employment opportunities Vacant Land . Serviced unmet commercial/retail needs • Utilized unproductive land Penfold June 2002 New Construction of 2 • Prevented business out -migration Story Retail Office Building . Created employment opportunities Vacant land • Serviced unmet commercial/retail needs • Utilized unproductive land R:aEDE VtlmplementationPlm99\COMPLETEDprivate2004.doc ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER Uy CITY OF TEMECULA/TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: City Manager/Council Members Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: December 7, 2004 SUBJECT: Second Amendment to the Disposition and Development Agreement for the Temecula Education Center RECOMMENDATION: It is recommended that the Redevelopment Agency and the City Council approve the following Resolutions: That the City Council Adopt a Resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AGK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL COMPLEX 2. That the Redevelopment Agency of the City of Temecula Adopt a Resolution entitled: RESOLUTION NO. RDA 04 -- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AGK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL COMPLEX BACKGROUND: On March 16, 2004 the Agency entered into a Disposition and Development Agreement (DDA) with the AGK Group, LLC to develop the Temecula Education Complex. Section 3.12 of the DDA established a sixth month due diligence period to allow the developer to inspect the condition of the subject property. The investigation would typically include but not be limited to soils conditions, storm drainage utilities and archeological testing. Ri duwtioncomplex\DDA 2nd Amendment closed session Staff Repod.doc This Section has an inspection deadline of September 16, 2004. On September 16, 2004, Mr. Kading received a 90 day extension to December 16, 2004 in order to finalize his investigations. As anticipated, a second amendment to the DDA is being requested by Mr. Kading. He is requesting additional affordable housing funding and a six month adjustment to the schedule of performance. Affordable Housing Funding The project includes an apartment complex that will contain 50 units of affordable housing. The original pro -forma and approved DDA estimated the level of affordable housing assistance at approximately $76,000 per unit. During the due diligence period, Mr. Kading completed his soils analysis and has discovered the condition of the soil far worse than anticipated. Staff knew that a significant amount of soil was needed to bring the site out of the flood plain. The soil analysis has determined that the soil contains significant moisture that will require additional remediation and an alternative foundation design. In addition, the cost of steel, lumber and concrete has increased significantly. The cost associated with permits and fees has also been adjusted to reflect expected costs. Keyser Marston Associates Inc. (KMA) has evaluated Mr. Kading's revised pro forma. Its evaluation has determined that the project estimates have increased approximately $7,000,000 as a result of the increase in soil remediation and construction costs. However, the increase in rent levels has offset that estimate by approximately $4,000,000, for a net increase of approximately $3 million. Therefore, the estimated affordable housing gap has increased from $3.8 million to $6.75 million. This is a per unit increase from $76,000 to $135,000. This amount is within the range of redevelopment agency contributions to projects providing affordable housing units. As a result, Mr. Kading is requesting an additional $2.95 million contribution of affordable housing funds. Schedule of Performance Shortly after the execution of the DDA, Mr. Kading began exploratory trenching for the earthquake fault along the western edge of the site. During this trenching cultural artifacts were uncovered. Per the mitigation measure of the EIR, all work was stopped. Several meetings between Mr. Kading, the Pechangas and the City were held. The issue was resolved; however, it created the need to redesign the project's site plan which delayed the overall Schedule of Performance. The Schedule requires Mr. Kading to close escrow by June, 2005. In order to close escrow on phase 1, he must have completed the City's entitlement and plan check process, demonstrate he has project funding in place and demonstrate he has pre -leased at least 50% of the non-residential space. On Wednesday, November 17, 2004, Mr. Kading submitted to the Community Development Department preliminary plans for the City's review. Per his project timeline, Mr. Kading will not be ready to close escrow sooner than September, 2005. Therefore, staff is recommending the Schedule of Performance be extended 6 months from June, 2005 to December 2005. FISCAL IMPACT: The additional $2.95 million increase will come form the Agency affordable housing funds. The FY 05-09 Capital Improvement Program Affordable Housing contains $3,000,000 (Account Number 165.199.823). Attachments Resolutions Second Amendment Keyser Marston Report R9EducationoompleADDA 2nd Amendment dosed session Staff Report.doc RESOLUTION NO. RDA NO.04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND AGK GROUP, LLC, A CALIFORNIA LMITED LIABILITY COMPANY FOR THE TEMEUCLA EDUCATION COMPLEX THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: . A. Agency and AGK Group, LLC, ("Developer") have entered into a Disposition and Development Agreement dated as of March 16, 2004 (the "DDA") which provided for, among other things, the City's contribution to Developer of certain real property described therein (the "Property") and the City's making a "predevelopment loan" to Developer to be secured by the Property (the "City Loan") for the purpose of pursuing the development of a mixed use development incorporating affordable housing, higher education and retail located on a 31 acre site at the northwest comer of Diaz Road and Dendy Lane. The project is proposed to be developed in two or more phases. Capitalized terms uses herein but not defined shall have the meaning set forth in the DDA. B. City and Developer desire to clarify and modify some of the terms of the DDA and the Agency Loan. C. The approval of this Second Amendment by the Agency constitutes an action by the Agency to authorize additional affordable housing funding and extend a six month adjustment to the schedule of performance and adjust the Scope of Development for the Temecula Educational Complex. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Second Amendment to DDA and Promissory Note" between the Agency and AGK Group, LLC, with such changes in each document as may be mutually agreed upon by the Developer and the Executive Director as are in substantial conformance with the form of such Agreement which on file in the Office of the Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the Agency. A copy of the final Agreement when executed by the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency. R:\Educationcomplex\2ndamendddaeducarda.DOC Section 3. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the Agency's obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to the Promissory Note, Deed of Trust, Regulatory Agreement, acceptances, escrow instructions, certificates of completion and such other implementing agreements and documents as contemplated or described in the Agreement. Section 4. The Secretary of the Agency shall certify the adoption of this Resolution. R:\Educationcomplex\2ndamendddaeducarda.DOC PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevel- opment Agency of the City of Temecula at a regular meeting held on the 7th day of December, 2004. Jeff Comerchero, Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:\Educationcomplex\2ndamendddaeducarda.DOC STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, CMC, Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that Resolution No. RDA No. 04- was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof, held on the 7th day of December, 2004, by the following vote, to wit: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Agency Secretary R:\Educationcomplex\2ndamendddaeducarda.DOC RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND AGK GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY FOR THE TEMECULA EDUCATION COMPLEX THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares that: A. City and AGK Group, LLC, ('Developer") have entered into a Disposition and Development Agreement dated as of March 16, 2004 (the "DDA") which provided for, among other things, the City's contribution to Developer of certain real property described therein (the "Property") and the City's making a "predevelopment loan" to Developer to be secured by the Property (the "City Loan") for the purpose of pursuing the development of a mixed use development incorporating affordable housing, higher education and retail located on a 31 acre site at the northwest comer of Diaz Road and Dendy Lane. The project is proposed to be developed in two or more phases. Capitalized terms uses herein but not defined shall have the meaning set forth in the DDA. B. City and Developer desire to clarify and modify some of the terms of the DDA and the Agency Loan. C. The approval of this Second Amendment by the Agency constitutes an action by the City to authorize additional affordable housing funding and extend a six month adjustment to the schedule of performance and adjust the Scope of Development for the Temecula Educational Complex. Section 2. The City Council hereby approves that certain agreement entitled "Second amendment to DDA and Promissory Note" between the City and AGK Group, LLC, with such changes in each document as may be mutually agreed upon by the Developer and the City Manager as are in substantial conformance with the form of such Agreement which on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the City. A copy of the final Agreement when executed by the Mayor shall be placed on file in the Office of the City Clerk. R:\Educationcomplex�2ndamendeducityreso.DOC Section 3. The City Manager (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the Agency's obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to the Promissory Note, Deed of Trust, Regulatory Agreement, acceptances, escrow instructions, certificates of completion and such other implementing agreements and documents as contemplated or described in the Agreement. Section 4. The City Clerk shall certify the adoption of this Resolution. R:\Educationcomplex\2ndamendeducityreso.DOC PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 7'h day of December, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:\Educationcomplex\2ndamendeducityreso.DOC STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 04- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 7th day of December 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk/Agency Secretary R:\Educationcomplex\2ndamendeducityreso.DOC SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (the "Amendment') is dated as of December 7, 2004 and is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency") and AGK GROUP, LLC, a California limited liability company ("Developer"). RECITALS A. Agency and Developer entered into a Disposition and Development Agreement dated March 16, 2004, and an [Amendment to Disposition and Development Agreement] dated September 14, 2004 (collectively, the "DDA") which provided for, among other things, the sale of certain land and improvements by Agency to Developer (the "Property"), a loan by Agency to Developer to be used for the development of the Property as an affordable rental project (the "Agency Loan") and the execution, delivery and recordation of a Regulatory Agreement between Agency and Developer (the "Regulatory Agreement'). Capitalized terms used herein but not defined shall have the meanings ascribed thereto in the DDA. B. Agency and Developer have agreed to modify the DDA as hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing recitals and other consideration, the adequacy of which is hereby acknowledged, Agency and Developer hereby agree as follows: DDA Modifications. The DDA is hereby modified as follows: (i) The amount of the portion of the Agency Loan available for costs of construction of low income housing on Subphase IA of the Project is hereby increased from $2,722,300 to $5,672,000 (resulting in a total loan amount for the Agency Loan, including the purchase money loan for the land for Subphase 1 A, of $6,750,000); (ii) The first item in the Schedule of Performance attached to the DDA as Exhibit "D" is hereby amended to extend the deadline for the Close of Escrow for Subphases IA, 1B and 1D to 22 months after the date of the DDA, subject to the one conditional 12 month extension as described in Section 3.3 of the DDA; and (iii) the phrase "sixteen (16) months" in Section 3.3 of the DDA is hereby replaced with the phrase "twenty-two (22) months." (iv) the number of apartment units in Phase 1A will be 253 units. 20 units will be added to Phase 2F in Exhibit B Scope of Development. 2. General Provisions. a. General Provisions. This Amendment constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes all prior agreements and understandings of the parties with respect to the subject matter hereof. This Amendment may not be modified, amended, supplemented, or otherwise changed, except by a writing executed by both parties hereto. R:\Educationcomplex\2ndemenddd&DOC2ndamenddda b. Waiver. No failure or delay by any party in the exercise of any right hereunder shall constitute a waiver thereof, nor shall any single or partial exercise of any such right preclude other or further exercise thereof, or any other right. C. Counterparts. This Amendment may be executed in two or more counterparts and by different parties hereto on separate counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. d. Governing Law. This Amendment shall be deemed to be a contract made under the laws of the State of California and for all purposes shall be governed by and construed in accordance with the laws of the State of California. e. Attorneys' Fees and Costs. If a dispute arises under or in connection with this Amendment (including, without limitation, the enforcement or interpretation of this Amendment), the prevailing party (as determined by the trier of fact) shall be entitled to recover its reasonable attorneys' fees and costs from the other party. 11087-0018/2ndamenddda IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the day and year first above written. CITY OF TEMECULA REDEVELOPMENTT AGENCY, n Jeff Comerchero, Chairperson ATTEST: BY: Susan W. Jones City Clerk/Agency Secretary Approved as to form: BY: Peter M. Thorson, Agency Counsel CONSULTANT AGK GROUP, LLC, a California limited liability company 35411 Paseo Viento Capistrano Beach, CA 92624 Attn: Mr. Kading Title: 11087-0018/2ndamenddda KEYSER MARSTON ASSOCIATES I N C. 1660 HOTEL CIRCLE NORTH, SUITE 716 SAN DIEGO, CALIFORNIA 92108 PHONE: 619/718-9500 FAX 619/718-9508 W W W. KEYSERMARSTON.COM MEMORANDUM To: John Meyer, AICP, Redevelopment Director City of Temecula From: KEYSER MARSTON ASSOCIATES, INC. Date: November 23, 2004 Subject: Temecula Education Facility — Review of Proposed Second Amendment I. INTRODUCTION ADVISORS IN: REAL ESTATE REDEVELOPMENT AFFORDABLE HOUSING ECONOMIC DEVELOPMENT SAN DIEGO Gerald M. Trimble Paul C. Marra LOSANGEL6.S Calvin E. Hollis, II Kathleen H. Head James A. Rabe Paul C. Anderson Gregory D. Soo-Hoo SAN FRANCISCO A. Jerry Keyser Timothy C. Kelly Kate Earle Fork Debbie M. Kern Robert J. Wetmore Keyser Marston Associates, Inc. (KMA) has been requested to review the proposed Second Amendment to the Disposition and Development Agreement (DDA) between the Redevelopment Agency of the City of Temecula (Agency) and the AGK Group, LLC (Developer) for the development of an educational facility and mixed -income apartment complex. The proposed Second Amendment modifies the original agreement between the parties dated March 16, 2004. Furthermore, the Second Amendment relates strictly to the 8.82-acre mixed -income apartment development (Phase 1A), and is not intended to modify the deal terms for the non-residential component. Under the March 16, 2004 DDA, the Agency would contribute $3,800,000 toward the development, as demonstrated below. Agency Land Contribution $1,078,000 Additional Agency Assistance $2,722,000 Total Agency Contribution $3,800,000 CELEBRATING 30 YEARS OF SERVICE TO OUR CLIENTS 04515mm 19545.014.008 To: John Meyer, AICP, Redevelopment Director November 23, 2004 Subject: Temecula Education Facility — Review of Proposed Page 2 Second Amendment The previous estimate of financing gap was based on project development costs, anticipated rents, and a target return on investment (ROI) of 8.5%. The development cost budget included on- and off -site improvement requirements, shell construction, and indirect and financing costs. II. KMA FINANCIAL ANALYSIS As background, KMA previously prepared the re -use analysis and Section 33433 Summary Report based on the terms and conditions set forth in the DDA between the Agency and the Developer. The KMA estimate of re -use value of the interest to be conveyed was negative $2,835,000. This supplemental memorandum to KMA's March 1, 2004 re -use analysis and Section 33433 report presents KMA's findings based upon our review of the updated terms and conditions identified in the proposed Second Amendment. KMA's findings under the proposed Second Amendment are presented in Tables 2 through 4, attached. Under the proposed Second Amendment, the Agency will provide additional funding in the amount of $2,950,000. The need for additional funding is due primarily to the following: As demonstrated in Table 2, total development costs have increased approximately $7.1 million. The two largest increases in costs are attributable to an estimated building construction cost increase of $4,484,000 and estimated costs for on -sites and landscaping of $770,000. The increase in building construction costs is reflective of the surge in construction materials costs over the course of 2004. Table 3 presents KMA's estimate of Net Operating Income (NOI). As shown in the table, KMA estimates achievable market rents of $1.55 per square foot (SF) per month for one bedrooms, and $1.45 per SF per month for two bedrooms. As a result, NOI has increased from $2,212,000 to an estimated $2,345,000. The achievable revenues from the development are limited by the very low-income restrictions imposed by the DDA. As shown in Table 4, KMA estimates the target Return on Investment (ROI) for the Phase IA development is 7.75%. This return is based on an industry standard target return for this type of development. Further, this type of apartment development has become increasingly competitive with returns dropping as low at 7.75%. On this basis, then, KMA's amended finding for re -use value for the subject site is negative $5,670,000. 04515mm CELEBRATING 30 YFARS OF SERVICE TO OUR CLIENTS 19545.014.008 To: John Meyer, AICP, Redevelopment Director November 23, 2004 Subject: Temecula Education Facility — Review of Proposed Page 3 Second Amendment III. AGENCY COSTS PURSUANT TO SECTION 33433 The total Agency costs for Phase 1A under the proposed Second Amendment is delineated in the chart below. Agency Land Contribution Additional Agency Assistance Legal, Economic, and Miscellaneous Costs Total Agency Costs attachments $1,078,000 $5,670,000 10 000 $6,758,000 CFLEBRA77NG 30 YEARS OFSERVICETO OUR CLIEN7S 04515mm 19545.014.008 TABLE 1 PROJECT DESCRIPTION TEMECULA EDUCATION FACILITY - GARDEN APARTMENTS CITY OF TEMECULA I. Number of Units One Bedroom 88 Units Two Bedroom 165 Units Total Number of Units 253 Units IL Average Unit Size 848 III. Gross Building Area 214,544 SF IV. Site Area 8.82 Acres 384,199 SF V. Density 28.7 Units/Acre VI. Parking Garage Parking - Attached N/A Spaces Prepared.by: Keyser Marston Associates, Inc. Filename is Temecula\Education Facility\Re-use Amendment Tables;11/22/2004;5:11 PM;wci TABLE 2 DEVELOPMENT COSTS TEMECULA EDUCATION FACILITY - GARDEN APARTMENTS CITY OF TEMECULA Development Costs 1. Direct Costs (i) Off -Site Costs On-Site/Landscaping Costs Parking - Surface Shell Construction Amenities FF&E Contingency Total Direct Costs II. Indirect Costs Architecture & Engineering Permits & Fees Legal& Accounting Taxes & Insurance Developer Fee Marketing/Lease-Up Contingency Total Indirect Costs III. Financing Costs Loan Fees Interest During Construction Total Financing Costs IV. Total Development Costs Or Say (Rounded) Totals Per Unit Comments $2,500,000 $9,881 $7 Per SF Land $2,175,000 $8,597 $6 Per SF Land $0 $0 Included in On -Sites $18,236,000 $72,079 $85 Per SF GBA $250,000 $988 Allowance $150,000 $593 Allowance $1,166,000 $4,609 5.0%of Directs $24,477,000 $96,747 $114 Per SF GBA $1,469,000 $5.806 6.0% of Directs $5,591,000 $22,100 $26 Per SF GBA $367,000 $1,451 1.5% of Directs $367,000 $1,451 1.5% of Directs $979,000 $3,870 4.0% of Directs $190,000 $750 Allowance 359 000 $1,419 4.0% of Indirects $9,322,000 $36,846 38.1 % of Directs $575,000 $2,273 $1,552,000 $6,134 $2,127,000 $8,407 $35,926,000 $142,000 $35,926,000 (1) Does not assume the payment of prevailing wages. See Worksheet A See Worksheet A 8.7% of Directs $167 Per SF GBA Prepared by: Keyser Marston Associates, Inc. Filename is Temecula\Education Facility\Re-use Amendment Tables;11/22/2004;wcl WORKSHEET A TO TABLE B-2 FINANCING COSTS - RE -USE ANALYSIS - FEBRUARY 2004 TEMECULA EDUCATION FACILITY - GARDEN APARTMENTS CITY OF TEMECULA Interest During Construction Development Costs $35,926,000 Loan to Cost Ratio 80.0% Construction Loan Amount $28,740,800 Average Balance Out 60.0% Interest Rate 6.0% Term (Months) 18 Interest During Construction $1,552,000 II. Loan Fees Construction Loan Amount $28,740,800 Points 2.0 Loan Fees $575,000 Prepared by: Keyser Marston Associates, Inc. Filename is Temecula\Education Facility\Re-use Amendment Tables; I 1/22/2004;wcl ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINAP CITY MANAGER / CITY OF TEMECULA AGENDA REPORT TO: Executive Director/Agency Members FROM: usan W. Jones I'llS ity Clerk/Director of Support Services DATE: December 7, 2004 SUBJECT: Appointment of Chairperson and Vice Chairperson of the Redevelopment Agency for Calendar Year 2005 TION: 1. Entertain motions from the Agency Members to appoint the Chairperson to preside, effective January 1, 2005, until the end of Calendar Year 2005. 2. Entertain motions from the Agency Members to appoint the Vice Chairperson, effective January 1, 2005, who will assume the duties of the Chairperson in the Chairperson's absence, and hold this office until the end of Calendar Year 2005. BACKGROUND: The Redevelopment Agency appoints a member to serve as Chairperson and Vice Chairperson annually. These offices are assumed at the first meeting of the Redevelopment Agency in January and the newly elected officers will preside through the Calendar Year of 2005. Agenda Reports/Appointment of RDA Officers 2005 TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY NOVEMBER 23, 2004 A regular meeting of the City of Temecula Public Financing Authority was called to order at 8:05 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AUTHORITY MEMBERS: Comerchero, Roberts, Stone, Washington, and Naggar ABSENT: 0 AUTHORITY 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 November 9, 2004 MOTION: Authority Member Comerchero moved to approve Consent Calendar Item No. 1. The motion was seconded by Authority Member Stone and electronic vote reflected unanimous approval. PUBLIC HEARING 2 Community Facilities District No. 03-02 (Roripauah Ranch) RECOMMENDATION: 2.1 Continue the public hearing related to the Community Facilities District No. 03-02 (Roripaugh Ranch) to Tuesday, December 7, 2004, at 7:00 P.M. in the City Council Chambers located at 43200 Business Park Drive, Temecula, California. City Attorney Thorson recommended that this public hearing be continued to the meeting of December 7, 2004. MOTION: Authority Member Stone moved to continue the public hearing to December 7, 2004. The motion was seconded by Authority Member Comerchero and electronic vote reflected unanimous approval. RAMin utes.tpfa\112304 EXECUTIVE DIRECTOR'S REPORT No comment. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 8:06 P.M., the Temecula Public Financing Authority meeting was formally adjourned. Michael S. Naggar, Chairman ATTEST: Susan W. Jones, CIVIC City Clerk/Agency Secretary [SEAL] RAMinutes.tpfa\112304 ITEM 2 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Temecula Public Financing Authority FROM: Executive Director Shawn Nelson DATE: December 7, 2004 SUBJECT: Public Hearings Regarding Formation of Community Facilities District No. 03-02 (Roripaugh Ranch) RECOMMENDATION: That the Authority adopt the resolution entitled: RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY MAKING FINDINGS OF COMPLEXITY OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) BACKGROUND: Ashby USA, LLC, a California limited liability company (the "Landowner") has requested that the Authority form a community facilities district to (i) assist in the funding of various public improvements necessitated by the construction of the Roripaugh Ranch subdivision or otherwise satisfying obligations arising from the development, and (ii) eliminate an existing County special assessment lien on property in the proposed community facilities district. On August 24, 2004 the Authority adopted two resolutions of intention related to the formation of a community facilities district ("CFD"). The two resolutions of intention specified the facilities eligible to be financed by the CFD, set forth a rate and method of apportionment of special taxes for the CFD, and expressed the intention of the Authority to incur bonded indebtedness for the CFD. After the adoption of the resolutions of intention, it was determined that the facilities eligible to be funded by the CFD should have included improvements to SR-79. The Landowner has agreed that the Authority may apply ten percent to any net CFD bond proceeds in excess of $42,000,000 to improvements designated by the Authority, and the City expressed its intent to use any of such funds applied to offset the cost of improvements to SR-79. On September 28, 2004, the Authority adopted a resolution (the "Amending Resolution") amending the two resolutions of intention for the CFD to add improvements to SR-79 to the list of facilities eligible to be funded by the CFD. The Amending Resolution also rescheduled the public hearings regarding the CFD to occur on November 9, 2004. On November 9, 2004, the Board of Directors of the Authority opened the public hearings and continued them to November 23, 2004. On November 23, 2004, the Board of Directors opened the continued public hearings and again continued the public hearings to December 7, 2004. Some of the improvements to be financed by the CFD are expected to be owned and operated by the Riverside County Flood Control and Water Conservation District and some are to be owned and operated by the County of Riverside, and Riverside County Staff have been drafting two joint community facilities agreements (the "County Agreements") related to those improvements. The California Government Code requires that the Authority execute joint community facilities agreements with public agencies that will own or operate improvements to be financed by the CFD prior to the adoption of a resolution of the Authority to form the CFD. The resolution of formation of the CFD is usually adopted immediately following the conclusion of the public hearings regarding formation of the CFD. Section 53325 of the California Government Code requires that the rescheduled public hearings regarding the CFD be concluded within 30 days, unless the Board determines that the complexity of the CFD or the need for public participation requires additional time, in which event the public hearings can be continued for up to six months. The Resolution before the Board makes the necessary findings so that the public hearings need not be concluded within 30 days of November 7`", and that they be continued to January 11, 2005 (and may be further continued, if necessary) to allow the County Agreements to be finalized and executed, so that the County Agreements can be effective prior to the conclusion of the public hearings. The Landowner has agreed to pay all City and Authority costs related to the proposed CFD formation and bond issue, and has submitted a deposit/reimbursement agreement with respect thereto. The bonds will be payable solely from special taxes levied on land in the CFD. SPECIFIC ACTIONS: It is recommended that the Authority adopt a resolution making findings that the proposed CFD is complex and continuing the public hearings regarding the CFD to January 11, 2005. FISCAL IMPACT: The Landowner has agreed to pay all out of pocket expenses incurred relative to the proposed CFD and the related bond 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 costs of the Authority related to any joint community facilities agreement and any annual costs of administering the bonds issued will be paid from bond proceeds or by special taxes levied on the properties in the CFD. The bonds will not be obligations of the City or the Redevelopment Agency, but will be limited obligations of the Authority, payable solely from special taxes levied on land in the CFD. Attachment: Resolution No TPFA 04- RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY MAKING FINDINGS OF COMPLEXITY OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) WHEREAS, on August 24, 2004 the Board of Directors of the Temecula Public Financing Authority (the "Authority") adopted Resolution No. TPFA 04-08 and Resolution No. TPFA 04-09 (collectively, the "Resolutions of Intention"), declaring its intention to form a community facilities district to be known as the "Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch)" (the "District") under the provisions of the Mello -Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"), and to incur bonded indebtedness of the District to finance various public improvements; and WHEREAS, the Resolutions of Intention called for public hearings on the District to be held on September 28, 2004; and WHEREAS, on September 28, 2004, the Board of Directors adopted a Resolution amending the Resolution of Intention (the "Amending Resolution") to add additional facilities eligible to be funded by the District and to change the date of the public hearing from September 28, 2004 to November 9, 2004; and WHEREAS, notice of the public hearings was published more than seven days prior to the scheduled date for the hearings as required by the Law, and the public hearings were opened by this Board on November 9, 2004 and continued to November 23, 2004, and on November 23, 2004 the public hearings were again opened and continued to December 7, 2004, all in order to allow for more time for the drafting and execution of two Joint Community Facilities Agreements (the "JCFAs"), one to be among the Authority, the City of Temecula, Ashby USA, LLC ("Ashby") and the County of Riverside (the "County") and one to be among the Riverside County Flood Control and Water Conservation District (the "RCFCD"), the City of Temecula, the Authority, Ashby and the County; and WHEREAS, the terms of the JCFAs are still being negotiated among the parties interested in the formation of the District, such that additional time is needed to complete the JCFAs; and WHEREAS, Section 53325 of the Law requires that the public hearings be completed within 30 days unless this Board finds that the complexity of the proposed District or the need for public participation requires additional time, in which event the public hearings may be continued from time to time for a period not to exceed six months, and this Board now desires to make such findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority that the complexity of the proposed District requires additional time, such that the public hearings rescheduled pursuant to the Amending Resolution may be continued by this Board from time to time as it considers necessary in the circumstances, not to exceed six months from December 7, 2004. The Board hereby continues the public hearings to September 28, 2004, at which time the Board will hold and conclude the public hearings or, if it determines that a further continuance is appropriate in the circumstances, will continue the public hearings to a date to be specified by the Board. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 7`" day of December, 2004. Chairperson, Michael S. Naggar ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 04-— was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 7`" day of December, 2004, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary CITY OF TEMECULA CITY CLERK DEPARTMENT MEMORANDUM DATE: December 7. 2004 SUBJECT: Item TPFA #2 - Community Facilities District No. 03-02 (Roripaugh Ranch) The attached Resolution reflects the correction of two transposed dates. Ianm4 RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY MAKING FINDINGS OF COMPLEXITY OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) WHEREAS, on August 24, 2004 this Board of Directors of the Temecula Public Financing Authority (the "Authority") adopted Resolution No. TPFA 04-08 and Resolution No. TPFA 04-09 (collectively, the "Resolutions of Intention"), declaring its intention to form a community facilities district to be known as the "Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch)" (the "District') under the provisions of the Mello -Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"), and to incur bonded indebtedness of the District to finance various public improvements; and WHEREAS, the Resolutions of Intention called for public hearings on the District to be held on September 28, 2004; and WHEREAS, on September 28, 2004, this Board of Directors adopted a Resolution amending the Resolution of Intention (the "Amending Resolution") to add additional facilities eligible to be funded by the District and to change the date of the public hearing from September 28, 2004 to November 9, 2004; and WHEREAS, notice of the public hearings was published more than seven days prior to the scheduled date for the hearings as required by the Law, and the public hearings were opened by this Board on November 9, 2004 and continued to November 23, 2004, and on November 23, 2004 the public hearings were again opened and continued to December 7, 2004, all in order to allow for more time for the drafting and execution of two Joint Community Facilities Agreements (the "JCFAs"), one to be among the Authority, the City of Temecula, Ashby USA, LLC ("Ashby") and the County of Riverside (the "County") and one to be among the Riverside County Flood Control and Water Conservation District (the "RCFCD"), the City of Temecula, the Authority, Ashby and the County; and WHEREAS, the terms of the JCFAs are still being negotiated among the parties interested in the formation of the District, such that additional time is needed to complete the JCFAs; and WHEREAS, Section 53325 of the Law requires that the public hearings be completed within 30 days unless this Board finds that the complexity of the proposed District or the need for public participation requires additional time, in which event the public hearings may be continued from time to time for a period not to exceed six months, and this Board now desires to make such findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority that the complexity of the proposed District requires additional time, such that the public hearings rescheduled pursuant to the Amending Resolution may be continued by this Board from time to time as it considers necessary in the circumstances, not to exceed six months from September 28, 2004. The Board hereby continues the public hearings to January 11, 2005, at which time the Board will hold and conclude the public hearings or, if it R:rrPFA Resos 2004rFPFA Resos 04- determines that a further continuance is appropriate in the circumstances, will continue the public hearings to a date to be specified by the Board. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 7u' day of December, 2004. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk/Authority Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 04-_ was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 7" day of December, 2004, by the following vote: AYES: AGENCY MEMBERS NOES: AGENCY MEMBERS ABSENT: AGENCY MEMBERS ABSTAIN: AGENCY MEMBERS Susan W. Jones, CMC City Clerk/Authority Secretary R:lrPFA Resos 2004lrPFA Resos 04- 2 ITEM 10 APPROVAL CITY ATTORNEY DIRECTOR OF FINAL CITY MANAGER I CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones ity Clerk/Director of Support Services DATE: December 7, 2004 SUBJECT: Appointment of Mayor and Mayor Pro Tem for Calendar Year 2005 RECOMMENDATION: 1. Entertain motions from the City Councilmembers to appoint the Mayor to preside, effective January 1, 2005, to the end of Calendar Year 2005. 2. Entertain motions from the City Councilmembers to appoint the Mayor Pro Tem, effective January 1, 2005, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of Calendar Year 2005. BACKGROUND: The City Council appoints a member to serve as Mayor and Mayor Pro Tem annually. These offices are assumed at the first meeting of the City Council in January and the newly elected Mayor and Mayor Pro Tem will preside through the Calendar Year of 2005. Agenda Reports/Appointment of Council Officers 2005