HomeMy WebLinkAbout080905 CC Agenda
ATTACHMENT NO.4
EXISTING CITY-WIDE DESIGN GUIDELINES
(AVAILABLE FOR VIEWING IN CITY CLERK'S LIBRARY)
R:\DESIGN GUIDELlNES\2003 Design Guidellnes\PC Staff Report OS-04-0S.doc
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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
AUGUST 9,2005 - 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.
6:30 P.M. - Closed Session of the City Council pursuant to Government Code
Sections:
1. Conference with real property negotiator pursuant to Government Code
Section 54956.8 regarding real property negotiations located at 28731 Pujol
Street (APN 922-062-016). The negotiating parties are the City of
TemeculaJRedevelopment Agency and Habitat for Humanity Inland Valley.
Under negotiation are the price and terms of payment of real property
interests. The City/Agency negotiators are Shawn Nelson, Jim O'Grady, and
John Meyer.
2. Conference with real property negotiator pursuant to Government Code
Section 54956.8 regarding real property negotiations located at 41910 Main
Street (APN 922-044-019). The negotiating parties are the City of
TemeculaJRedevelopment Agency and Peter Keen. Under negotiation are the
price and terms of payment of real property interests. The City/Agency
negotiators are Shawn Nelson, Jim O'Grady, and John Meyer.
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
Next in Order:
Ordinance: No. 2005-15
Resolution: No. 2005-84
CALL TO ORDER:
Mayor Jeff Comerchero
Prelude Music:
Matthew Fagan
Invocation:
Pastor Tom Durrance of True Vine Pentecostal Church
Flag Salute:
Councilman Naggar
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ROLL CALL:
Edwards, Naggar, Roberts, Washington, Comerchero
PRESENTATIONS/PROCLAMATIONS
Guidant's $100,000 check presentation to the Friends of the Temecula Librarv
Jonbov's Confidential Transportation
National Kid's Dav Proclamation
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.
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of July 12, 2005;
2.2 Approve the minutes of July 26, 2005.
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3 Resolution approvina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Citv Treasurer's Report
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of June 30, 2005.
5 Purchase and Sale Aareement for propertv located in Old Town
RECOMMENDATION:
5.1 Approve the Purchase and Sale Agreement and escrow instructions for certain real
property located at 41934 Main Street (APN 922-044-022) in the City of Temecula
and authorize the Mayor to execute;
5.2 Approve an appropriation from unreserved General Fund balance in an amount not
to exceed $1,420,000 for acquisition, escrow, closing costs, appraisal, testing, and
related fees.
6 Procurement of Updated Pentium Computer Workstations
RECOMMENDATION:
6.1 Authorize the purchase of 50 Pentium-based Hewlet Packard (HP) computer
workstations from HP for the total amount of $58,070.50.
7 Award a Construction Contract for the Bridae Barrier Rail Replacement Project - Proiect
No. PW01-09
RECOMMENDATION:
7.1 Award a construction contract for Bridge Barrier Rail Replacement Project - Project
No. PW01-09 to R.J. Bullard Construction, Inc. in the amount of $232,780.00 and
authorize the Mayor to execute the contract;
7.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $23,278.00 which is equal to 10% of the contract amount.
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8 Wolf Creek Storm Drain Infrastructure - Tract No. 30264-4, -5, -8. and -10 - Cooperative
Aareement
RECOMMENDATION:
8.1 Approve the Wolf Creek Tract No. 30264-4, -5, -8, and -10 - Wolf Creek Storm
Drain Infrastructure Cooperative Agreement with the Riverside County Flood Control
and Water Conservation District, the City of Temecula, and Wolf Creek
Development, LLC;
8.2 Authorize the execution of such agreement in its final form by the Mayor, City
Attorney, and City Clerk.
9 Tract Map Nos. 30264-14. -15, & -F (located east pf Pechanaa Parkwav, south of Wolf
Vallev Road. in the Wolf Creek Specific Plan No. 12 EIR
RECOMMENDATION:
9.1 Approve the Final Tract Map Nos. 30264-14, -15, & -F in conformance with the
conditions of approval;
9.2 Approve the Subdivision Improvement Agreements;
9.3 Approve the Subdivision Monument Agreements and accept the Faithful
Performance Bonds, Labor and Material Bonds, and Monument Bonds as security
for the agreements.
10 Second Readina of Ordinance No. 05-07 (Amendina the Official Zonina Map)
RECOMMENDATION:
10.1 Adopt an ordinance entitled:
ORDINANCE NO. 05-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE
17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE
CONSISTENCY WITH THE PROVISIONS AND
REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN
(PA05-0085)
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11 Second Readina of Ordinance No. 05-14 (Maraarita Villaae Specific Plan)
RECOMMENDATION:
11.1 Adopt an ordinance entitled:
ORDINANCE NO. 05-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING PLANNING AREAS 7 AND 9 OF THE
MARGARITA VILLAGE SPECIFIC PLAN TO CHANGE THE
SPECIFIC PLAN PERMITTED USES WITHIN PLANNING AREA
7 FROM USES ALLOWED IN THE L-1 (1-ACRE LOTS) ZONING
DESIGNATION TO LM (7,200 SQUARE FOOT LOTS) ZONING
DESIGNATION OF THE CITY'S DEVELOPMENT CODE AND
FROM THE L-1 (1-ACRE LOTS) DESIGNATION TO THE L-2
(20,000 SQUARE FOOT LOTS) DESIGNATION FOR PLANNING
AREA 9A (PA04-0390)
********************
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
AND
THE CITY OF TEMECULA REDEVELOPMENT AGENCY
********************
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TEMECULA COMMUNITY SERVICES DISTRICT MEETING
*****************************************************************************************************************
Next in Order:
Ordinance: No. CSD 2005-01
Resolution: No. CSD 2005-21
CALL TO ORDER: President Chuck Washington
ROLL CALL:
DIRECTORS:
Edwards, Comerchero, Naggar, Roberts, 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 vour name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of July 26, 2005.
2 Old Town Temecula Communitv Theater Grand Openina
RECOMMENDATION:
2.1 Authorize the City Manager to approve a one-time expenditure of an amount not
to exceed $50,000 for the theater grand opening celebration entertainment.
2.2 Appropriate an additional $25,000 from TCSD Fund Balance to the TCSD theater
budget.
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3 Acceptance of Replacement Landscape Bonds and Aareements for Tract Map No.
29133
RECOMMENDATION:
3.1 Accept the Replacement Agreement and surety bonds from Gallery Traditions
Partners, LLC to improve the perimeter slopes and parkways along Ynez Road
and Open Space Lot 9 within Tract Map No. 29133.
4 Acceptance of Landscape Bonds and Aareements for Landscape Improvements of the
Wolf Creek Flood Control Channel (CSD04-0056)
RECOMMENDATION:
4.1 Accept the agreement and surety bonds from Standard Pacific Corporation for
the installation of the landscape improvements of the Wolf Creek Flood Control
Channel along Pechanga Parkway.
5 Transfer of Ground Lease for Wireless Personal Communications Services Facilitv at
Paloma del Sol Park
RECOMMENDATION:
5.1 Approve the transfer of Ground Lease for the Wireless Personal Communications
Services Facility at Paloma del Sol Park from Cox PCS Assets, LLC to Sprint
PCS Assets, LLC.
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, August 23, 2005, 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
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TEMECULA REDEVELOPMENT AGENCY MEETING
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Next in Order:
Ordinance: No. RDA 2005-01
Resolution: No. RDA 2005-06
CALL TO ORDER: Chairperson Ron Roberts
ROLL CALL
AGENCY MEMBERS: Edwards, Comerchero, Naggar, Washington,
Roberts
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. 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 vour name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of July 26, 2005.
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.
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2 First Amendment to the Owner Participation Aareement for Dalton II Mixed Use
Affordable Housina Project
RECOMMENDATION:
2.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A FIRST AMENDMENT TO THE
OWNER PARTICIPATION AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND D'ALTO PARTNERS, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
2.2 That the Temecula Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 05-_
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING THE FIRST AMENDMENT
TO THE OWNER PARTICIPATION AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AND D'ALTO PARTNERS, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, August 23, 2005, City Council Chambers, 43200 Business Park
Drive, Temecula, California.
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RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council 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.
12 Comprehensive Update of the City-wide Desian Guidelines
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO ADOPT A COMPREHENSIVE UPDATE OF THE
CITY-WIDE DESIGN GUIDELINES
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular rneeting: City Council, Tuesday, August 23, 2005, at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive, Temecula, California.
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PROCLAMATIONS'
AND
PRESENTATIONS
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ITEM 1
ITEM 2
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
JULY 12, 2005
The City Council convened in Closed Session at 6:30 P.M" on Tuesday, July 12, 2005, in the
City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California, The Open Session convened at 7:00 P.M.
Present:
5
Councilmembers:
Edwards, Naggar, Roberts, Washington, and
Comerchero
Absent:
o
Councilmembers:
None
PRELUDE MUSIC
The prelude music was provided by the Musicians Workshop,
INVOCATION
The invocation was given by Pastor Leon Franklin of Living Word Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Councilman Washington.
PRESENT ATIONS/PROCLAMATIONS
Certificate of Achievement to Bubba Riaains for attainina Eaale Scout Rank
Mayor Comerchero presented a certificate of achievement, along with the City Eagle Scout pin,
and asked Scout Riggins to describe his report.
In response to Mayor Comerchero's request, Eagle Scout Riggins provided an overview of his
Eagle Project, stating he completed a renovation of the Boys and Girls Club Caboose in Old
Town, turning it into a Literacy Center.
PUBLIC COMMENTS
Mr. Clif Hewett, representing the group known as "Save Our Southwestern Hills," asked that the
City oppose the Granite Quarry proposed for the border of Riverside and San Diego County.
He listed his concerns as: noise, air pollution, and traffic.
Mr. Jim Brady echoed Mr. Hewlett's concerns.
CITY COUNCIL REPORTS
A. Councilman Washington requested a report be prepared regarding City Commission
term limits, to give the opportunity of serving on Commissions to more City residents, He
requested this be placed on the agenda the last meeting in August.
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CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda,
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of June 14, 2005.
3 Resolution approvinq List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 05-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Citv Treasurer's Report
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of May 31, 2005.
5 Dalton II (PA05-0171)
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 05-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, APPROVING A HEIGHT INCREASE OF ONE-
STORY FOR PLANNING APPLICATION NO. PA05-0171,
LOCATED AT 41925 FIFTH STREET, GENERALLY LOCATED
ON THE NORTH SIDE OF FIFTH STREET, APPROXIMATELY
200 FEET WEST OF MERCEDES STREET, KNOWN AS
ASSESSOR PARCEL NO. 922-024-12 AND 922-024-13
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Councilwoman Edwards abstained on this item due to her employer's negotiations
to provide financing for this project.
6 Professional Services Aareement RBF Consultina Amendment NO.1 Optional Tasks
17.18, and 19 1-15/State Route 79 South Ultimate Interchanae - Proiect No. PW04-08
RECOMMENDATION:
6,1 Approve the First Amendment to the agreement with RBF Consulting in an amount
no to exceed $98,196 to conduct additional environmental analyses, alternative
geometric design, and supplemental traffic analyses for the 1-15/State Route 79
South Ultimate Interchange - Project No. PW04-0B and authorize the Mayor to
execute the amendment.
7 Award a Construction Contract for Traffic Siqnallnstallation at SR 79 South and Countrv
Glen Wav Proiect No, PW04-09
RECOMMENDATION:
7.1 Award a construction contract for Traffic Signal Installations at SR 79 South and
Country Glen Way - Project No. PW04-09 to DBX, Inc. in the amount of $149,218
and authorize the Mayor to execute the contract;
7.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $14,921.80, which is equal to 10% of the contract amount;
7.3 Approve an appropriation in the amount of $142,140 to fund the administrative and
construction costs for the Traffic Signal Installation at SR 79 South and Country
Glen Way from Developer Mitigation fees;
7.4 Approve a transfer in the amount of $57,000 of Deveioper Impact Fees - Traffic
from the Redhawk Parkway at Overland Trail traffic signal installation project to the
SR 79 South and Country Glen Way project,
8 Authorize Temporarv Street Closure of Main Street between Old Town Front Street and
Puiol Street for the Saturdav Niahts on Main Street event scheduled for Julv 16, Auaust
20. and September 17, 2005, and deleaate authoritv to issue a Special Events/Street
Closures Permit to the Director of Public Works/Citv Enaineer
RECOMMENDATION:
8.1 Adopt a resolution entitled:
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RESOLUTION NO. 05-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE
OF MAIN STREET BETWEEN OLD TOWN FRONT STREET
AND PUJOL STREET FOR THE SATURDAY NIGHTS ON MAIN
STREET EVENT SCHEDULED FOR JULY 16TH, AUGUST 20TH,
AND SEPTEMBER 17TH, 2005 AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A
SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES
9 ParkinQ Restrictions - Winchester Road and Route 79 South
RECOMMENDATION:
9,1 Adopt a resolution entitled:
RESOLUTION NO. 05-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, ESTABLISHING A PARKING RESTRICTION ON
BOTH SIDES OF WINCHESTER ROAD BETWEEN
JEFFERSON AVENUE AND WINCHESTER CREEK AVENUE
AND ROUTE 79 SOUTH BETWEEN BEDFORD COURT AND
TEMECULA CREEK ROAD
10 Acceptance of Quitclaim Deeds Redhawk Park A
RECOMMENDATION:
10.1 Accept and record the Grant Deed for Redhawk A, subject to all title report issues
being reviewed and approved by the TCSD and the City Attorney's Office;
10.2 Authorize vacation of Quitclaim Landscape Easement Deed for Redhawk Park A.
11 Bovs and Girls Club Ground Lease Amendment
RECOMMENDATION:
11,1 Approve the First Amendment to Ground Lease by and between the City of
Temecula and the Boys and Girls Club of Southwest County,
Councilman Naggar abstained on this item, due to his membership on the
Boys and Girls Club Board of Directors.
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12 Second Readina of Ordinance No. 05-10 (Temecula Education Center)
RECOMMENDATION:
12,1 Adopt an ordinance entitled:
ORDINANCE NO. 05-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF TEMECULA AND AGK GROUP, LLC, ESTABLISHING
CERTAIN DEVELOPMENT RIGHTS FOR THE TEMECULA
EDUCATION CENTER (PA04-0582 AND PA05-0070)
13 Second Readina of Ordinance No. 05-11 (Temecula Education Center)
RECOMMENDATION:
13.1 Adopt an ordinance entitled:
ORDINANCE NO. 05-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOPMENT OVERLAY (PDO-10) AND ADOPTING
SECTIONS 17.22.210 THROUGH 17.22.218 INCLUDING THE
PDO-10 TEXT AND DEVELOPMENT STANDARDS FOR A SITE
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
DIAZ ROAD AND DENDY PARKWAY KNOWN AS ASSESSOR
PARCEL MAP NO. 909-370-002
14 Second Readina of Ordinance No, 05-13 (Stormwater Runoff Qualitv)
RECOMMENDATION:
14.1 Adopt an ordinance entitled:
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ORDINANCE NO. 05-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 8.28 OF THE TEMECULA
MUNICIPAL CODE WHICH IMPOSES THE REQUIREMENTS
OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT CONCERNING STORMWATER
RUNOFF QUALITY; POLLUTION DISCHARGES; CONTROL OF
URBAN RUNOFF; INSPECTIONS OF SOURCES OF
DISCHARGES; ENFORCEMENT OF WATER QUALITY AND
DISCHARGE REGULATIONS AND PERMITS WITHIN THE CITY
OF TEMECULA AND AUTHORIZING THE DIRECTOR PUBLIC
WORKS/CITY ENGINEER TO PREPARE A MANUAL SETTING
FORTH THE ADMINISTRATIVE RULES, PROCEDURES, AND
REQUIREMENTS NECESSARY TO IMPLEMENT THIS
ORDINANCE
MOTION: Councilman Naggar moved to approve Consent Calendar Items 1-14, with
Councilwoman Edwards abstaining on Item No,S, and Councilman Naggar abstaining on Item
No, 11. The motion was seconded by Mayor Pro Tem Roberts, and electronic vote reflected
unanimous approval.
At 7:13 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. At 7:19 P.M., the City Council resumed with regular
business.
PUBLIC HEARINGS
15 General Plan Amendment
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 05-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE GENERAL PLAN LAND USE
MAP FOR PROPERTIES WITHIN THE MEADOWVIEW TRACT
FROM LOW DENSITY (L) RESIDENTIAL AND RURAL
RESIDENTIAL (RR) TO VERY LOW (VL) DENSITY
RESIDENTIAL; AND ADDING TEXT TO THE GENERAL PLAN
LAND USE ELEMENT RELATED TO THE LAND USE
COMPATIBILITY
Assistant City Attorney Curley announced that two members of the Council have a conflict of
interest on this item, due to homeownership in the Meadowview Area,
At this time Mayor Pro Tem Roberts and Councilman Washington left the dais.
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Deputy City Manager Thornhill presented the staff report (of record.) He noted that during the
Zoning Consistency Rezoning, a discrepancy was noticed regarding the Meadowview Area.
It was also noted by Deputy City Manager Thornhill, who reported on the July 5, 2005 Planning
Commission meeting, that the Planning Commission's recommendation was not to make the
proposed changes to the General Plan; advising that it was the opinion of the Planning
Commission that the predominant lot sizes were considerably under the 2.5 designation with
most lots in the .5 to 0/. of an acre size; therefore, the recommendation was to leave it as it was
on the General Plan that was adopted (which would be one-acre designation on the Visceili
property), The Planning Commission's recommendation also included adding the missing text
regarding "Land Use Compatibility" (see staff report)
At this time, the public hearing was opened,
Ms. Winifred Corey and Ms, Diana Lovett-Webb, Temecula residents, spoke in favor of General
Plan Amendment which is intended to confirm that the Meadowview development retain the
Very Low Density Residential (VL) land use designation.
At this time, the public hearing was closed,
MOTION: Councilman Naggar moved to approve staff recommendation. Councilwoman
Edwards seconded the motion and voice vote reflected unanimous approval with the exception
of Councilman Roberts and Councilman Washington who both abstained.
ORDINANCE NO. 05-76
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE
17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE
CONSISTENCY WITH THE PROVISIONS AND
REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN
(PA05-0085)
16 Consistencv Rezonina Ordinance (PA05-0085)
RECOMMENDATION:
16,1 Introduce and read by title only an ordinance entitled:
MOTION: Mayor Naggar moved to approve the consistency zoning as it would pertain to
Meadowview and continue the remainder of the consistency ordinance, Councilwoman
Edwards seconded the motion and voice vote reflected approval with the exception of
Councilman Washington and Councilman Roberts who both abstained.
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ORDINANCE NO. 05-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE
17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE
CONSISTENCY WITH THE PROVISIONS AND
REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN
(PA05-0085)
At this time, Councilman Roberts and Councilman Washington returned to the dais.
17 An Appeal of the Plannina Commission decision to approve a Development Plan
Application for the Harveston Retirement Residence - PA04-0393
RECOMMENDATION:
17.1 Adopt a resolution entitled:
Director of Planning Ubnoske presented the City Council with a staff report (of written
material).
In response to the City Council's questions, Director of Planning Ubnoske offered the
following information:
. That a congregate care facility was on the designated plan at its designated height
which is listed as a permitted use
. That the apartment complex to the south and east would be a mix of two and three-
stories
. That the proposed project would be consistent of the Harveston Specific Plan design
Guidelines and Development Code
. That a traffic study was performed in the initial Specific Plan and was well within limits
and that all traffic impacts have been mitigated
. That a total of 1650 will be made available for retail
. That the total units of the apartments will be 300
. That at this time, there is a total of 1500 residents in the Harveston Community,
Deputy City Manager Thornhill relayed that retail component would be designed into the
building that it would be a part of the streetscape and that staff will be ensuring that retail
develops in the Village.
At this time, the public hearing was opened,
The following individuals spoke in favor of the proposed project for the following reasons:
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. Mr. Dough Kerner
. Mr. Garth Brandaw
. Ms. Mary Rauschenburg
. That the proposed project will be an outstanding addition to the Harveston Community
. That the proposed project would be consistent with the Harveston Specific Plan and that
the project is also consistent with the Development standards and Design Guidelines
. That the need for senior housing in Temecula is tremendous
. That the architecture was revised per the Planning Commission's recommendation to
have exterior treatment of the building to be more consistent with the style intended for
this area; and that the height is less than 50 feet permitted in the Harveston Specific
Plan
. That the fourth-floor of the proposed building was entirely eliminated resulting in a
reduction of the overall height
. That the extensive single-story elements were also incorporated into the building
. That the project was also conditioned to include additional roofline variations subject to
the Planning Director's approval before issuance of a building permit
. That the village retail was introduced and that it will occupy approximately 30 percent of
the frontage on Village Road
. That originally the applicant proposed 120 suites but that it has been reduced to 115
suites
. That the building will primarily be single occupancy and that the average age would be
late 70s early 80s
. That the color and design of the building will emulate an "American" architecture style
which would be in keeping with the style of the surrounding buildings being constructed
in the Harveston Village
. That the senior units would create less than two trips per suite, per day,
The following individuals spoke against the proposed project for the following reasons:
. Ms, Stormer Simm
Ms. Suzanne Reilly
. Mr. Mike Bender
Mr, Paul Padgett
. Mr. Anthony Reiter
Mr. Norman Nelson
. Mr. Tom De Encino
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. That the size, mass and density of the proposed building would be too large for a
residential area such as Harveston
. That residents are of the opinion that a feasible traffic study has not been
adequately performed
. That if the proposed project is approved, property values could depreciate
. That the spirit and intent of the Harveston Specific Plan will not be accomplished
with the proposed project
. That the building height was not significantly reduced
. That a significant amount of retail was not added to the proposed project
. That the proposed retail is an extension of the services provided by the retirement
residence and will not be used for other purposes
. That an overwhelming majority of the Harveston residents do not wish to see such
a large building in their community
. That the spirit of the Harveston Specific Plan was to create small town America
. That the City Council hear the concerns of the residents and overturn the Planning
Commission's decision to approve the project
. That the residents are not opposed to seniors or assisted living but rather the
mass of the proposed project
. That the proposed project would not engage Harveston residents and would not be
a destination; that the height and mass of the project does not evoke a small town
feel and it would be the largest building in Harveston
. That the proposed project would not add to the public's pedestrian experience or
give equal area of retail as compensation for its high density.
For Mr. Bender, Councilman Naggar asked if he would object if the applicant went from three-
story to four-story and added more retail to the bottom floor.
In response to Councilman Naggar's question, Mr. Bender replied that his entire objection to
the proposed project would be the height, stating that four-stories would be completely
incompatible with any building in Harveston.
For Councilman Naggar, Mr, Reiter relayed that he would absolutely not support a four-story
building despite an increase of retail on the ground floor,
Mr. De Encino noted that he would not be in support of a four-story building with more retail
added to the bottom floor.
Echoing previous comments, Ms. Reilly noted for the record that she would not be in favor of a
four-story building, but perhaps a three-story building with retail devoted to the ground level.
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Mr. Padgett also stated that he would not be in support of a four-story building despite the
ground floor being dedicated to retail use,
Mr. Doug Kerner and Mr. Garth Brandaw noted that the applicant has spent over a year
developing a scale and sensitivity for the proposed development and that as proposed, the
project would be consistent with the Design Guidelines and Development Code.
At this time, the public hearing was closed.
At this time, the City Council offered the following comments in regard to the proposed project:
. That when the Harveston Specific Plan was approved, senior units were a
component of that plan as well as density
. That there is a severe need for senior housing in Temecula
. That the applicant has made a great deal of modifications to address concerns of
the Planning Commission as well as surrounding residents
. That the intent of the Harveston Specific Plan was to include residents of all ages
. That the proposed project would be consistent with the Design Guidelines and
Development Code.
MOTION: Councilman Naggar moved to denv the appeal and approve the Planning
Commission's decision. Councilman Washington seconded the motion and electronic vote
reflected unanimous approval.
RESOLUTION NO. 05-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING AN APPEAL OF THE PLANNING
COMMISSION DECISION TO APPROVE PLANNING
APPLICATION NO. PA04-0393, A DEVELOPMENT PLAN TO
CONSTRUCT, ESTABLISH, AND OPERATE A THREE-STORY,
115-UNIT SENIOR CONGREGATE CARE FACILITY ON 2.1
ACRES LOCATED AT THE SOUTHEAST CORNER OF
VILLAGE ROAD AND TOWNSHIP ROAD WITHIN THE
HARVESTON SPECIFIC PLAN AREA ALSO KNOWN AS APN
916-560-010
COUNCIL BUSINESS
18 Appointment of Subcommittee for Infrastructure Beautification
RECOMMENDATION:
18.1 Appoint a subcommittee to develop recommendations for policies and programs for
beautification of public infrastructure,
Assistant City Manager Jim O'Grady presented the staff report (of record.)
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MOTION: It was moved by Councilman Washington to appoint Councilwoman Edwards and
Councilman Naggar to the Council Subcommittee for Infrastructure Beautification. The motion
was seconded by Mayor Comerchero and electronic vote reflected unanimous approval.
19 Plannina Commission Appointments
RECOMMENDATION:
19.1 Appoint two applicants to serve on the Planning Commission, one for a full three-
year term through June 15, 2008 and one un-expired term through June 4, 2007.
City Clerk Jones presented the staff report (of record,)
MOTION: It was moved by Councilman Washington to reappoint David Mathewson to serve
a full three-year term, and appoint Stanley Harter to fill the un-expired term. The motion was
seconded by Mayor Pro Tem Roberts and electronic vote reflected unanimous approval.
Councilman Naggar commented on the quality of applicants and asked all those who applied to
please apply again, for future opportunities,
Mayor Comerchero concurred with Councilman Naggar, stating he was extraordinarily
expressed with the applicants, making this a difficult decision, He also requested that these
applicants apply again for future City Commissions or Committees.
Echoing previous comments, Councilman Washington thanked the applicants and voiced his
desire that these individuals stay engaged in the City process.
20 Old Town Local Review Board Appointments
RECOMMENDATION:
20.1 Appoint three applicants to serve full three-year terms (two regular and one
alternate) on the Old Town Local Review Board.
City Clerk Jones presented the staff report (of record.)
MOTION: It was moved by Councilwoman Edwards to reappoint Walt Allen and Peg Moore
to a full three-year term, and John Williams for a full three-year alternate position, Mayor Pro
Tem Roberts seconded the motion, and electronic vote reflected unanimous approval.
CITY MANAGER'S REPORT
Assistant City Manager O'Grady reported on the State Budget, stating Vehicle License Fee
payback, which was intended for a 2-year period, has been accelerated and the City should
receive 1,3 million this year.
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CITY ATTORNEY'S REPORT
None given.
ADJOURNMENT
At 9:33 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday,
June 14, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
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MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
JULY 26, 2005
The City Council convened in Closed Session at 5:45 P,M., on Tuesday, July 26, 2005, in the
City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California. The Open Session convened at 7:01 P,M.
Present:
4
Councilmembers:
Edwards, Roberts, Washington, and
Comerchero
Absent:
1
Councilmembers:
Naggar
PRELUDE MUSIC
The prelude music was provided by Joshua and Kevin Jurkosky.
...
With great sadness, Mayor Comerchero commented on the passing of Mrs. Maggi Allen, the
Children's Museum Manager, and in her memory, called for a moment of silence,
Mr. Comerchero advised that her memorial service will be Monday, August 1, 2005, at 4:00
P.M., at Rancho Community Church.
...
With regard to Consent Calendar Item No. 15 (Parking/Stopping Restrictions - Butterfield Stage
Road), Mayor Comerchero advised that this Consent Calendar item and the issue of illegal
immigration has no correlation and, therefore, noted that if anyone wished to address the issue
of illegal immigration that this matter be addressed under Public Comments and not under Item
No. 15,
INVOCATION
The invocation was given by Rabbi Hurwitz of Chabad of Temecula Valley.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Councilwoman Edwards.
PUBLIC COMMENTS
A. With sadness commenting on the loss of Children's Museum Manager Allen, Mrs. Pat
Comerchero and Ms. Christina Gamboa, Temecula, representing the Friends of the Temecula
Children's Museum, apprised the community of the Board's initiation of a community donation
process for the purchase of a lasting memorial in Maggi's remembrance such as a piece of
public art,
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Mayor Comerchero requested that the matter be forwarded to the Community Services
Commission for further review and consideration,
B. Mr. Greg Morrison, representing the Temecula Chamber of Commerce, invited the
Temecula residents to participate in the Temecula Community Night with the Lake Elsinore
Storm on Friday, August 12, 2005, at a cost of $5.00 per ticket, noting that portions of the ticket
sales will be allocated to Safe Alternatives for Everyone (SAF.E.).
Having attended the ground breaking ceremony for the Rancho Springs Hospital
expansion, Mr. Morrison relayed his enthusiasm for this project and expressed his similar
enthusiasm for the future ground breaking ceremony for the City's hospital.
C. Expressing her and Mr, Allen's appreciation of the City Council's support during this
difficult time, Mrs. Eve Craig, Temecula, commented on the love Maggi had for the Children's
Museum.
D. Thanking the City Council and City staff for its support, Mr. Bill Gould, Temecula,
representing Full Value Entertainment, expressed his appreciation as did many of the City's
youth for the support of Madeline's Coffee House.
E. As homeowners near the seventh hole in Temeku Hills, Ms. Melanie Hastey, Temecula,
shared her experience with errant golf balls damaging windows as well as jeopardizing the
safety of her children, Having been granted approval for protective golf netting by the
homeowners association, Ms, Hastey noted that she has been advised that the City does not
allow protective netting and requested that this matter be addressed by either amending the
City's Code or granting a variance to ensure the existing netting does not have to be removed.
F, Echoing the errant golf ball concern in Temeku Hills, Mr. Manny Lemas, Temecula,
requested that this matter be addressed by the City Council.
G. Briefly highlighting the upcoming programs, Mr. Kevin Page and Mr, John Roberts,
Hemet, representing KZSW Television, Inc., publicly thanked Councilwoman Edwards who has
been instrumental in getting this television station located in the City,
H. Referencing numerous emailswithCitystaff,Mr. Mike Kuhn, Temecula, reiterated his
concern with regard to street closures and advised that he would be desirous of obtaining legal
information as to why streets have been closed,
I. Ms. Dottie Dalton, Murrieta, addressed the illegal alien issue and requested that the City
Council address this matter.
J. Not having been satisfied with previous answers, Ms. Suzanne Zychowics, Temecula,
readdressed the City Council with regard to street closures and distributed several questions
regarding this matter to the City Council and requested that the City Council respond to her
questions at a future date.
Advising that Mayor Pro Tem Roberts and he have been advised by the City Attorney of
a conflict of interest as it pertains to the Meadowview area, Councilman Washington, in
response to Ms, Zychowics, noted that Mr. Roberts and he may not respond to any
communication regarding this matter.
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At this time. public input was received with reaard to Consent Calendar Item No. 15
(Parkina/Stoppina Restrictions Butterfield Staae Roadl
A. Mr. Freeman Sawyer, Camarillo, requested that the City Council address the day laborer
problem, noting that painting the curb red on Butterfield Stage Road will not be an affective
measure to address the day laborer problem. Having obtained specific information from an
immigration attorney, Mr. Sawyer shared the information and recommended the adoption of a
specific ordinance relating to this matter,
B, Commending the City Council on its immediate action with regard to the concerns raised
with regard to the gathering of day laborers at Butterfield Stage Road and Rancho California
Road, Ms. Linda Woods, Temecula, encouraged the City Council to further explore the day
laborer problem.
C. Echoing Ms. Woods' comment, Mr. Arne Chandler, Murrieta, addressed the issue of
painting the curb red, noting that such action would only relocate the day laborers to a different
location within the City, noting that such action will have no lasting value, Mr. Chandler
commented on Mr. Sawyer's suggestion to explore alternative legal action and also
recommended affective Police Department actions.
D, Ms. Jeanne Eberle, Murrieta, encouraged the City Council to work on resolving the
loitering of day laborers, expressing a concern with safety as well as residents paying taxes for
the benefit of illegal aliens, and day laborers taking jobs from legal residents.
CITY COUNCIL REPORTS
No comments.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1,1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2 Resolution approvina List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 05-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
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3 Minutes
RECOMMENDATION:
3.1 Approve the minutes of June 28, 2005.
4 Citv Treasurer's Statement of Investment Policv
RECOMMENDATION:
4.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which
provides safety, liquidity and yield for City funds,
5 Infrastructure Fundina Aareement for SR79 Improvements
RECOMMENDATION:
5.1 Approve the Infrastructure Funding Agreement between the City of Temecula and
the County of Riverside that allows the County's Assessment District 159 funds to
be used for SR79 improvements.
6 Professional Services AQreement for Annual Administration of CFDs/AD
RECOMMENDATION:
6.1 Approve a one-year professional services agreement with Canty Engineering
Group, Inc, in the amount of $58,500 for debt service administration for the City's
Community Facilities Districts and Assessment District for Fiscal Year 2005/2006
and Weed Abatement Program administration for Fiscal Years 2004/2005.
7 Citv Vehicle Maintenance Aareements
RECOMMENDATION:
7,1 Approve the Maintenance Agreement with Temecula Auto in the amount of $75,000
plus a 10% contingency;
7.2 Approve the Maintenance Agreement with Old Town Tire in the amount of $50,000
plus a 10% contingency.
8 Tract Map Nos. 30264-4. -5. -11 & -12 (located east of Pechanaa Parkwav, south of Wolf
Vallev Road, in the Wolf Creek Specific Plan No. 12 EIR)
RECOMMENDATION:
8.1 Approve Final Tract Map Nos. 30264-4, -5, -11, & -12, in conformance with the
Conditions of Approval;
8.2 Approve Subdivision Improvement Agreements;
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8.3 Approve Subdivision Monument Agreements and accept the Faithful Performance
Bonds, Labor and Material Bonds and Monument Bonds as security for the
agreements.
9 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the
Pavement Rehabilitation Proqram FY 2005/06, Ynez Road, Proiect No. PW04-12
RECOMMENDATION:
9,1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the Pavement Rehabilitation Program FY 2005/06 -
Ynez Road, PW04-12.
10 Completion and Acceptance of Construction Contract, Traffic Sianallnstallation at
Pechanqa Parkwav and Muirfield Drive, Proiect No. PW99-11TS
RECOMMENDATION:
10,1 Accept the project, Traffic Signal Installation at Pechanga Parkway and Muirfield
Drive, Project Number PW99-11TS as complete;
10.2 File a Notice of Completion, release the Performance Bond; and accept a one (1)
year Maintenance Bond in the amount of 10% of the contract amount;
10.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed,
11 Professional Services Aareement Vali Cooper & Associates, Inc., Contract for
Construction Manaaement and Inspection Services for Citv-wide Verizon Fiber Optics
FTTP Installation Proiect
RECOMMENDATION:
11.1 Approve an agreement with Vali Cooper & Associates, Inc. in an amount not to
exceed $205,040.00 to provide Public Works Construction Management and
Inspection Services for the Verizon City-wide FTTP (Fiber to the Premises) Project,
and authorize the Mayor to execute the agreement;
11.2 Authorize the City Manager to approve Change Orders not to exceed the
contingency amount of $20,504, which is equal to 10% of the agreement amount;
11.3 Approve an appropriation in the amount of $225,544 to the Public Works
Engineering Consulting Account from the Encroachment Permit Revenue for the
Verizon Fiber Optics Project;
11.4 Increase Encroachment Permit Revenues in the amount of $225,544 in the General
Fund Reserves.
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12 Award of Consultant Services Aareement for the Temecula Librarv Information Svstems-
Proiect No. PWOO-07
RECOMMENDATION:
12.1 Approve the consulting services agreement with Conduit Consulting Networks for
the amount of $34,200, and authorize the Mayor to execute the contract;
12.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $3,420 which is equal to the 10% contingency.
13 Approve the Sponsorship Reauest for "The Temecula Rock 'n Rod Run"
RECOMMENDATION:
13.1 Approve "The Temecula Rock 'n Rod Run" Sponsorship Agreement with P & R
Foundation and authorize the Mayor to execute the Agreement;
13.2 Appropriate $11,475 from the unallocated reserves of the General Fund for
sponsorship costs.
14 Two-Year Aareement with Animal Friends of the Vallevs for Animal Control Services
RECOMMENDATION:
14.1 Approve a two-year contract for Animal Control Services with Animal Friends of the
Valleys not to exceed $150,000 per year;
14.2 Authorize the City Manager to approve additional service not to exceed $10,000 in
contingency,
For Councilman Washington, City Attorney Thorson briefly summarized the proposed
changes to this two-year agreement - to eliminate verbiage regarding prevailing wage and
to include the original scope of work.
15 Parkina/Stoppina Restrictions Butterfield Staae Road
RECOMMENDATION:
15.1 Establish "No Stopping" zones along the west half of Butterfield Stage Road
between Chemin Clinet and Rancho Vista Road and along both sides of Rancho
California Road from Butterfield Stage Road to Promenade Chardonnay; and direct
City staff to work with the County of Riverside to establish similar "No Stopping"
zones along the east side of Butterfield Stage Road and portions of Rancho
California Road.
(See page 2 for public comments.)
For Councilman Washington, City Attorney Thorson clarified that assuming the day laborer is a
U.S, citizen, there are numerous employment laws imposed through the State Employment
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Department, the Department of Industrial Relations, Internal Revenue Service, the State
Franchise Tax Board, as well as a number of other agencies but that there would be no City
role in assuring these employment laws are followed,
16 Reauest to Authorize Niahttime Gradina Operations for the Temecula Auto Mall
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. 05-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING NIGHTTIME GRADING ACTIVITIES
FOR A PORTION OF THE AUTO MALL ALONG YNEZ ROAD
AND ADOPTING A MITIGATED NEGATIVE DECLARATION
(EA-121 )
17 Authorization of Special Tax Levv in Communitv Facilities District No. 88-12 (Ynez
Corridor)
RECOMMENDATION:
17.1 Adopt a resolution entitled:
RESOLUTION NO. 0580
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ
CORRIDOR)
MOTION: Mayor Pro Tem Roberts moved to approve Consent Calendar Item Nos, 1 -17. The
motion was seconded by Councilman Washington and electronic vote reflected approval with
the exception of Councilman Naggar who was absent.
At 7:41 P.M., the City Council reconvened as the Temecula Community Services District, the
Temecula Redevelopment Agency, and the Temecula Public Financing Authority. At 7:48 P.M.,
the City Council resumed with regular business.
PUBLIC HEARING
18 Consistencv RezoninQ Ordinance (PA05-0085)
RECOMMENDATION:
18.1 Introduce and read by title only an ordinance entitled:
R:\Minutes\072605 7
ORDINANCE NO. 05-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE
17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE
CONSISTENCY WITH THE PROVISIONS AND
REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN
(PA05-0085)
Deputy Manager Thornhill reviewed the staff report (as per agenda material),
Mayor Comerchero opened the public hearing; there being no public input, the hearing was
closed.
Because this ordinance will include an entirely new zoning map even though not all properties
have been changed, City Attorney Thorson advised that for each Counci\member who owns
property either residential or commercial property of interest, the vote will reflect those
Council members not be participating in those particular properties when adopting this
ordinance,
At this time, City Attorney Thorson introduced and read by title only Ordinance No. 05-07.
MOTION: Mayor Pro Tem Roberts moved to introduce Ordinance No. 05-07. The motion was
seconded by Councilwoman Edwards and electronic vote reflected approval with the
exception of Councilman Naggar who was absent.
19 Vinvards View Estates, Plannina Application Nos, PA04-0390 and PA04-0392, Specific
Plan Amendment (text and map-PA04-0390). and Tentative Tract Map No. 23103-2
(PA04-0392)
RECOMMENDATION:
19.1 Adopt a resolution entitled:
RESOLUTION NO. 05-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PROGRAM
FOR THE VINEYARDS VIEW ESTATES, GENERALLY
LOCATED AT THE NORTHWEST CORNER OF BUTTERFIELD
STAGE ROAD AND CHEMIN CLlNET, AND KNOWN AS
ASSESSOR PARCEL NOS. 953-390-007 AND 953-050-009
(PA04-0390 AND 04-0392)
19.2 Introduce and read by title only an ordinance entitled:
R\Minutes\072605 8
ORDINANCE NO. 05-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING PLANNING AREAS 7 AND 9 OF THE
MARGARITA VILLAGE SPECIFIC PLAN TO CHANGE THE
SPECIFIC PLAN PERMITTED USES WITHIN PLANNING AREA
7 FROM USES ALLOWED IN THE L-1 (1-ACRE LOTS) ZONING
DESIGNATION TO LM (7,200 SQUARE FOOT LOTS) ZONING
DESIGNATION OF THE CITY'S DEVELOPMENT CODE AND
FROM THE L-1 (1-ACRE LOTS) DESIGNATION TO THE L-2
(20,000 SQUARE FOOT LOTS) DESIGNATION FOR PLANNING
AREA 9A (PA04-0390)
19.3 Adopt a resolution entitled:
RESOLUTION NO. 05-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE TRACT MAP NO. 23103-
2, TO SUBDIVIDE 18.32 ACRES INTO 40 PARCELS (37
RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS) RANGING IN
SIZE FROM 7,272 TO 24,803 SQUARE FEET, LOCATED AT
THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD
AND CHEMIN CLlNET, AND KNOWN AS ASSESSOR'S
PARCEL NOS. 953-390-007 AND 953-050-009 (PLANNING
APPLICATION PA04-0392)
By way of overheads, Principal Planner Hazen highlighted the staff report (of record), noting the
following:
. That the proposed lots are consistent with the General Plan designation
. That the proposed project would increase the total Specific Plan units by 18
. That the proposed construction will be the last phase of the Margarita Village Specific
Plan
. That with the completion of the proposed project, the overall Specific Plan will be 170
units less than what had originally been anticipated for this Specific Plan (proposed lots
will be 3,759 lots - Specific Plan originally had anticipated 3,923 lots).
In response to Councilwoman Edwards, Mr. Hazen confirmed the applicant's willingness to
retain the one-story product in order to retain the view sheds.
Further clarifying, Mayor Comerchero noted that the proposed project will be consistent with the
new General Plan but that it will not be in compliance with its original Specific Plan; that the
proposed action would to bring the Specific Plan into compliance with the General Plan. Mr.
Hazen, for Mr, Comerchero, noted that the designated open space lots will be adequately
landscaped and maintained and that conditions approval will be included to ensure its
maintenance.
At this time, the public hearing was opened.
R:\MinutesI072605
9
Reviewing steps that have been taken to communicate with the neighboring residents in an
effort to create a positive project, Mr. Matthew Fagan, Temecula, representing the applicant,
requested the City Council's approval.
Reiterating staff's comment, Mr. Fagan advised that the designated open space lots will be
adequately landscaped and maintained,
In light of the potential impact on the surrounding neighbors, Mayor Pro Tem Roberts expressed
concern with the construction of a toddler lot and as well requested that these open space lots
be properly maintained.
In order to be a good neighbor, Mr. Fagan noted that the applicant would be flexible as to the
use of the open space lots (passive area/toddler lot) and advised that these lots will be
maintained by a homeowners association.
Expressing his support of this project, Mr. Ron Hammerton, Temecula, viewed the proposed
project as a fair compromise and, therefore, noted that it should be approved for the following
reasons:
. That the applicant and his representative have communicated with the surrounding
neighbors to address concerns - views, elevations, size of lots, etc. and have made
adjustments to minimize the potential impact;
. That a buffer zone has been created between the proposed homes and the existing
homes;
. That it would be unrealistic to request that this property remain undeveloped,
Mr. Hammerton as well echoed Mayor Pro Tem Roberts' concern with regard to the construction
of a toddler lot and expressed his desire for a more passive use and requested that a cul-de-sac
be considered at the end of Placer Loudeonne to lessen the potential traffic impact.
Concurring with Mayor Pro Tem Roberts and Mr, Hammerton, Mayor Comerchero spoke in
support of eliminating the toddler lot and that consideration be given to a more passive use,
recommending that any future use be discussed with the surrounding neighbors.
Voicing his opposition to this project, Mr, Dan Morgan, Temecula, stated the following:
· that when he had originally purchased his lot, he was advised that his lot was a premium
lot because of the green belt area behind his lot and because the area of discussion
would be developed as 14 custom homes on one-acre lots on a cul-de-sac; that he had
purchased this lot for those reasons
. that the proposed development does not have a homeowners association; that if these
homes were to join the existing Chardonnay Hills Homeowners Association, the current
homeowners will pay for the maintenance of these open space areas, adding more cost;
that if this development were to not join the existing homeowners association, who would
be responsible for the maintenance of these open space areas
. that the applicant's willingness to position homes in a fashion to retain existing views and
to retain the perimeter homes of the proposed project as single-story homes has not
been documented
. that a cul-de-sac would be preferred.
R\Minutes\072605
10
In closing, Mr. Morgan thanked Mr. Younis on his efforts to communicate with the surrounding
neighbors but noted that not all issues have been properly addressed.
With regard to Mr, Morgan's concern of certain items not having been documented, Mayor
Comerchero advised that the Council's request for proper maintenance, the elimination of a
toddler lot, positioning of homes for view shed as well as constructing single-story homes would
officially document these items as conditions of approval.
Echoing Mr. Morgan's comments with regard to his purchase of a premium lot, Ms. Susan Allen,
Temecula, addressed the existing green belt area and the original intent to construct 14 custom
homes on one-acre lots. By way of overheads, Ms, Allen expressed her opposition to the
proposed project, addressing her view impact and commenting on the original intent of building
these 14 customs homes on a cul-de-sac. Ms. Allen requested that the City Council approve 14
custom, single-family lots on a cul-de-sac. For the record, Ms. Allen submitted a petition of
opposition signed by 391 Chardonnay Hills homeowners and requested that the Council oppose
this project.
Addressing the issues raised by the residents, Mr. Matthew Fagan noted the following:
. That a through street will be the right solution, noting that the traffic generated would be
primarily for the individuals living in the area of discussion and that there would be no
reason for cut-through traffic
. That conditions require the creation or joining of a homeowners association
. That the issue of view corridor and the construction of single-story homes has been
addressed
. That the maintenance issue of the existing green belt area is a private matter between
the homeowners and that developer.
In response to the Councilwoman Edwards, Mr. Fagan stated the following:
. That the original Specific Plan designated the area of discussion as low density
residential (one-acre lots); that through the General Plan Update, it was requested to
modify this designation to low and low-medium density (consistent with land uses to the
west);
At this time, the public hearing was closed.
For Councilman Washington, Deputy City Manager Thornhill noted that through the General
Plan process there was no opposition, echoed by Chairman Mathewson, from the Citizens
Advisory Committee and/or the Planning Commission with regard to the zoning designation for
the area of discussion,
Director of Public Works Hughes, for Councilman Washington, highlighted the proposed
circulation plan, noting that the proposed project will front Butterfield Stage Road; that the north
access to the project will be on Ahern Drive which will connect from Butterfield Stage Road into
the tract to the west; that the turning movements on Butterfield Stage Road will be restricted to
right-in and right-out turning movements; and that there will be a second access to the south of
the project. Mr. Hughes advised that as per the City Attorney, the Settlement Agreement with
the County of Riverside regarding its General Plan Amendment imposed a condition requiring
that all City land use applications be a part of a formed and funded Community Facilities District
R:\MinutesI072605
11
(CFD) or other financing mechanism to participate in certain major arterial improvements; that
this project has been reviewed by staff; and that this condition will not be applicable.
In response to Councilman Washington, Principal Planner Hazen advised that the original plan
for 14 custom homes would have permitted two-story homes on the one-acre lots and that the
positioning of these homes would be at the discretion of the applicant as long as certain
setbacks have been met, noting that the construction of one-story homes around the perimeter
and the positioning of these home would be a special concession on the part of this applicant.
Referencing the Growth Management Plan and the ability to reduce densities while at the same
time preserve the City's ability to ensure that the development is good development within the
City, Mayor Comerchero stated that the proposed project will be a balance of both Growth
Management objectives along with reducing the overall Specific Plan density and, therefore,
viewed this project as a viable compromise and expressed his support of it.
Commenting on the intent of the Growth Management Plan, Councilman Washington addressed
the need for consistency from the City Council; referenced the mitigation of the potential
impacts; and commented on the overall reduction of units. Mr. Washington relayed his support
of this plan.
MOTION: Councilman Washington moved to adopt Resolution Nos. 05-82 and 05-83. The
motion was seconded by Mayor Pro Tem Roberts and electronic vote reflected approval with
the exception of Councilman Naggar who was absent.
City Attorney Thorson introduced and read by title only Ordinance No. 05-14.
MOTION: Councilman Washington moved to adopt Ordinance No, 05-14. The motion was
seconded by Councilwoman Edwards and electronic vote reflected approval with the
exception of Councilman Naggar who was absent.
DEPARTMENTAL REPORTS
No additional comments.
CITY MANAGER'S REPORT
No additional comment.
CITY ATTORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson advised that there were no items to
report, noting that with regard to the real property negotiations matter, no final action would be
taken other than in public session.
R:lMinutesI072605
12
ADJOURNMENT
At 8:35 P.M., the City Council meeting was formally adjourned to Tuesday, August 23, 2005, at
7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California,
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
R:\Minutes\072605
13
ITEM 3
RESOLUTION NO. 05-_
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 $5,032,338.88,
Section 2. The City Clerk shall certify the adoption of this resolution,
PASSED, APPROVED AND ADOPTED, this 9th day of August, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:lResos 2005/Resos 05-
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. 05-_ was duly adopted at a meeting of the City Council of the City of
Temecula on the 9th day of August, 2005 by the following roll call vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Resos 2005/Resos 05-
2
I CITY OF TEMECULA
LIST OF DEMANDS
07/21/05 TOTAL CHECK RUN: $ 2,460,702.76
07/28/05 TOTAL CHECK RUN: 2,152,508.87
07/28/05 TOTAL PAYROLL RUN: 419,127.25
TOTAL LIST OF DEMANDS FOR 08109/05 COUNCIL MEETING: $ 5,032,338.88
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND $ 781,188.05
165 RDA DEV-LOW/MOD SET ASIDE 11,865.97
190 COMMUNITY SERVICES DISTRICT 227,017.77
192 TCSD SERVICE LEVEL B 46,462.72
193 TCSD SERVICE LEVEL C 37,370.60
194 TCSD SERVICE LEVEL 0 6,306.94
196 TCSD SERVICE LEVEL L 6,424.37
210 CAPITAL IMPROVEMENT PROJ. FUND 3,310,875.95
280 REDEVELOPMENT AGENCY-CIP 64,998.40
300 INSURANCE FUND 1,230.82
320 INFORMATION SYSTEMS 106,427.48
330 SUPPORT SERVICES 3,524.49
340 FACILITIES 8,278.07
480 CFD 88-12 DEBT SVC FUND 1,250.00
$ 4,613,211.63
I 001 GENERAL FUND $ 265,363.62
185 RDA-LOW/MOD SET ASIDE 5,561.20
190 COMMUNITY SERVICES DISTRICT 106,602.47
192 TCSD SERVICE LEVEL B 102.95
193 TCSD SERVICE LEVEL C 4,644.14
194 TCSD SERVICE LEVEL D 825.66
196 TCSD SERVICE LEVEL L 592.64
280 REDEVELOPMENT AGENCY-CIP 2,495.65
300 INSURANCE FUND 1,214.25
320 INFORMATION SYSTEMS 22,203.91
330 SUPPORT SERVICES 2,887.36
340 FACILrrIES 6,633.40 419,127.25
TOTAL BY FUND: $ 5,032,338.88
,HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
I
SHAWN NELSON, CITY MANAGER
, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
I
apChkLst Final Check List Page: 1
07/2112005 11 :45:43AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
100807 07/20/2005 009013 SISQUOC, LORENE presenter: Smr Explorers Camp prgm 7/20 180.00 180.00
100808 07/21/2005 005049 A TASTE OF TEMECULA Promotional bottles of salsa:Eco Dev 71.12 71.12
100809 07/21/2005 000434 ACCELA.COM Accela software mntclsupport agrmnt 30,485.24 30,485.24
100810 07/21/2005 009027 AHLBERG, JENNIFER Refund: Skyhawks.Multi-Sport 45.00 45.00
100811 07/21/2005 001916 ALBERT A WEBB ASSOCIATES Ann'l Admin Sales Tax Svcs 1,250.00 1,250.00
100812 07/21/2005 006915 ALLIE'S PARTY EQUIPMENT Library gmd breaking equip rental 2,012.45
Hot Summer Nights equip rental 1,383.86
Street Painting Festival equip rental 629.89
Westem day equip rental 291.45 4,317.65
100813 07/21/2005 002877 AL TA LOMA CHARTER LINES Day camp bus to Aquarium of Pacific 1,945.86 1,945.86
100814 07/21/2005 003810 AMERICAN ASSOCiATION OF Membership: Wendell Ott 86066 228.00 228.00
100815 07/21/2005 004240 AMERICAN FORENSIC NURSES Jun Dui Drug & Alcohol Screening SOO.OO
May Dui Drug & Alcohol Screening 422.50
Jun Dui Drug & Alcohol Screening 410.00
May Dul Drug & Alcohol Screening 375.00
May Dui Drug & Alcohol Screening 128.35
Jun Dui Drug & Alcohol Screening 34.45
Credit:4415731435244 Need More Info '85.00 1,805.30
100816 07/21/2005 000936 AMERICAN RED CROSS Lifeguard training supplies:Aquatics 24.00 24.00
100817 07/21/2005 003377 ANTIOUE & COLLECTABLES Advertising Old Town events 282.17 282.17
100818 07/21/2005 000101 APPLE ONE INC Temp help PPE 7/2 Kasparian 648,00
Temp help PPE 7/2 Shelton 432.00 1,080.00
100819 07/21/2005 003203 ARTISTIC EMBROIDERY Central Svcs work shirts w/togo 281.23 281.23
100820 07/21/2005 002713 BALLOONS GALORE Balloons for Redhawk annex. event 393,29 393.29
100821 07/21/2005 005709 BAMM PROMOTIONAL Summer day camp T-shirts 1,517.12 1,517.12
-- - -..---
Page:1
apChkLst Final Check List Page: 2
07/21/2005 11 :45:43AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100822 07/21/2005 006908 C C & COMPANY INC Redhawk annex. entertainment 600.00
DeptSummer Concerts Entertainment SOO.OO
DeptMovies in the Prk entertainment 375.00 1.475.00
100823 07/21/2005 000674 CALIF CONTRACT CITIES 05/06 Agency Membership dues 560.00 560.00
100824 07/21/2005 000486 CALIF MUNI REVENUE & TAX Regist: CMRTA Conf:l0126-28:Sm~h 150.00 150.00
100825 07/21/2005 006406 CAMBEROS, DINO Reimb: Recycled wtr tmg:6/28105 60.00 60.00
100826 07/21/2005 007009 CANDLEWOOD SUITES Htl:Prev. 2-C Trng:7/25-29:Mansilla 226.00 226.00
100827 07/21/2005 009018 CARDONA,ESMERALDA Refund: Skyhawks-Flag Football 130.00 130,00
100828 07/21/2005 006597 CARLETON, LORRI Refund:Sci Adv Camp-Pirate Treasure 27.00 27.00
100829 0712112005 002534 CATERERS CAFE Refshmnts: Dutch Sister City Visit 100.00
Refreshment: TCSD budget mtgs 97.03 197.03
100830 07/21/2005 001326 CHULA VISTA, CITY OF Employment relations consortium FY05/06 1,600.00 1,600.00
100831 07/21/2005 009017 COLLINS, GAIL Refund: Skyhawks-Multi-Sports 130.00 130,00
100832 0712112005 000442 COMPUTER ALERT SYSTEMS JuVAug/Sep alarm monitoring svcs 1,659.00 1,659,00
100833 07121/2005 006303 CONDUIT NETWORKS. INC Integrate MS exchg w/active HR 3,400.00
Exchg '03 conversion consulting svcs 3,000.00 6,400.00
100834 07/2112005 006954 CRAFTSMEN PLUMBING & HVAC City Hall plumbing repairs 150.61
Repair Fire Stn 84 sewer line 140.00 290,61
100835 07/21/2005 007033 CROWNE PLAZA HOTELS Htl:CMRTA Conf:l0/26-28:Smith 308.49 308.49
100836 07/2112005 009012 DANA ON MISSION BAY, THE HtI:Playground Cert:9114-16:Martinez 243,10 243.10
100837 07121/2005 001393 DATA TICKET INC May 05 Parking Citation Processing 474.68 474.68
100838 07/2112005 009011 DEL YTES Depst:Employee luncheon 7/28/05 1,262.SO 1,262.50
Page2
apChkLst Final Check List Page: 3
07/21/2005 11:45:43AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100839 07/21/2005 003945 DIAMOND ENVIRONMENTAL Redha'Nk portable restroom rentals 312.17
Redha'Nk portable restroom rental S4.53
4th of July portable restrooms rental 37.50 434.20
100840 07/21/2005 009019 DIAZ, CORRELL Refund:Security Depst.CRC lSO.00 150.00
100841 07/21/2005 000684 DIEHL EVANS & COMPANY LLP City audit svcs: FY 04/05 4,SOO.00 4,SOO.00
100842 07/21/2005 002701 DIVERSIFIED RISK June '05 special events premiums 601.24 S01.24
100843 07/21/2005 004192 DOWNS COMMERCIAL FUEliNG Fuel for City vehicles: VanlCIP 188.99 188.99
100844 07/21/2005 001669 DUNN EDWARDS CORPORATION Supplies for graffiti removal 150.01
Supplies for graffiti removal 21.27
Supplies for graffiti removal 15.21 186.49
100845 07/21/2005 002528 EAGLE GRAPHIC CREATIONS New employee's glass mugs 67.88
New employee's glass mugs 16.16 84.04
100846 07/21/2005 007319 EAGLE ROAD SERVICE & TIRE PW backhoe emerg tire repair 99.39 99,39
100847 07/21/2005 008704 EDWARDS, MARYANN Reimb:Human Devel:6116.18/05 55.00 55.00
100848 07/21/2005 006120 ELSINORE HIGH SCHOOL Performers: Parasol Music Festival lSO.00 lSO.00
100849 07/21/2005 005115 ENTERPRISE RENT A CAR INC Day camp excursion van rental 141.72
Day camp excursion van rental 141.72
Day camp excursion van rental 115.10
Day camp excursion van rental 115.10 513.64
100850 07/21/2005 000164 ESGIL CORPORATION May plan check svcs:Bldg & Safety 134,954.60 134,954,60
100851 07/21/2005 001056 EXCEL LANOSCAPE Jun Idscp impr. CRC Pool area 1,700.00
Jun Idscp impr. Ynez Medians 539.78
Jun Idscp impr. Ynez Medians 436.90
Jun Idscp impr: Vail Ranch 362.02
Jun Idscp impr: Vail Ranch 256.65
Jun Idscp impr: Vail Ranch 174.30
Jun Idscp impr: Vail Ranch 124.88 3,594.53
100852 07/21/2005 000478 FAST SIGNS 4th of July Parade signs 338.57 338.57
100853 07/21/2005 000165 FEDERALEXPRESSINC Express mail services 177.67
Express mail services 109.53 287.20
Page:3
apChkLst Final Check List Page: 4
07/21/2005 11 :45:43AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100854 07/21/2005 005280 FEDERAL SIGNAL Paramedic vehicle equip: Mini-jet 531.68 531.68
- - -- - - -.-
100855 07/21/2005 000206 FEDEX KINKOS INC Stationery paper/mise supplies 1,399.65 1,399.65
100856 07/21/2005 008784 FIRE ENGINEERING 1 yr subscription: Fire Sin 92 25.00 25.00
100857 07/21/2005 003174 FIREHOUSE MAGAZINE 1 yr subscription: Fire Sin 92 30.00 30.00
100858 07/21/2005 000166 FIRST AMERICAN TITLE Lot Book Rept: Runkel 75.00
Lot Book Rept: Clendinen 75.00 150.00
100859 07/21/2005 003347 FIRST BANKCARD CENTER
000193 ICMA JO Regist: leMA contO'Grady 554.00
007287 UNITED AI RLlNES ME Airfare:Human Dev:6/16-18 414.00
000210 LEAGUE OF CALIF CITIES ME RegistExecutive Forum:7/27-29 410.00
000210 LEAGUE OF CALIF CITIES SN AegistAnn'1 League Cf:l0/5--8 400.00
001171 ORIENTAL TRADING COMPANY SJ Redhawk Annex. event supplies 370.19
009023 MARKERTEK VIDEO SUPPLY IT Council chambers audio cables 362.86
008950 WESTIN TABOR CENTER, THE ME Hti:Human Dev:6I16-18 355.75
005786 SPRINT TT Council Treo 650 equip 172.35
009025 PALMONE, INC IT PS Wireless keyboard:lnfo Sys 164.49
000210 LEAGUE OF CALIF CITIES SN Htl:Ann'l League Cf:l0/5-8 150.00
003590 NETWORK COMPUTING IT Tern. Library domain name 139.96
001048 ROSAS CANTINA RESTAURANT SJ Refreshments:Council Closed Mtg 119.00
009024 ACE HARDWARE INC. IT Fan Wallmount for Info Sys dept 62.01
000177 GLENNIES OFFICE PRODUCTS JM Office supplies:RDAlLow 49.50
006364 BARNES AND NOBLE STORE TT book: Beg InfoPath 2003 33.93
007202 COCOS BAKERY MN Refreshments: Business Mtg 26.18
006938 EARTHLlNK INC IT Council members intemet svcs 25.79
003198 HOME DEPOT, THE JM Hardware supplles:RDNLow 25.73 3,835.74
100860 07/21/2005 004239 FISHER SEHGAL YANEZ INC June design svcs:comm theater 7,893.00
Jun Reimbursables:Comm Theater 502.32
Jun Reimbursables:Comm Theater 103.95 8,499.27
Page:4
apChkLst Final Check List Page: 5
07/21/2005 11:45:43AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100861 07/21/2005 002982 FRANCHISE TAX BOARO 2003 Calif. Exempt tax return fee 10.00 10.00
100862 07/21/2005 004178 FREEDOM SIGNS Fac Impr Prgm: Eu Sandwich & Deli 2,303.15
Fac impr prgm: Rachel's Place 1,791.34 4,094.49
100863 07/21/2005 008416 FRONTBRIDGE TECHNOLOGIES June Citywide E-mail Spam Filtering 287.50 287.50
100864 07/21/2005 000173 GENERAL BINOING 1 1/2 Binder combs: Central Svcs 17.56 17.56
- - -- - - --. -.
100865 07/21/2005 005947 GOLDEN STATE OVERNIGHT Express Mail Service: Fire Prevo 55.85 55.85
100866 07/21/2005 008361 GRAPE STOMPERS sa DANCE TCSD instructor earnings 255.50 255.50
100867 07/21/2005 00n36 GRIFFITH COMPANY Rei Retention:Jefferson Rehab 70,693.26 70.693.26
100868 07/21/2005 002174 GROUP 1 PRODUCTIONS July 4th Parade video productions 2,200.00 2,200.00
100869 07/21/2005 004053 HABITAT WEST INC June Habitat Svcs: Pala Road Bridge 150.00 150.00
100870 07/21/2005 000186 HANKS HARDWARE INC Hardware supplies: TCSD Sports 6n.34 6n.34
100871 07/21/2005 004811 HEWLETT PACKARD HP Compaq tablet PC 1,911.02 1,911.02
100872 07/21/2005 005874 I E BIKES Various bike equip for Police Dept 2,297.23 2,297.23
100873 07/21/2005 008679 IVCI Video Cont Sys InstalVTrng:ls Dept 2,990.00 2,990.00
100874 07/21/2005 004406 IGOE & COMPANY INC Jul flex benefit plan pmt 305.85
Becerra July flex benefrt plan fee 5.50 311.35
100875 07/21/2005 004833 IMPERIAL PAVING COMPANY INC R&R AC. Slurry Seal @ various locations 10,861.00 10,861.00
100876 07/21/2005 001351 INLAND EMPIRE TOURISM FY 05106 Agency Membership dues 1,000.00 1,000.00
1008n 07/21/2005 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 1,400.76 1,400.76
100878 07/21/2005 006113 INTL ASSN OF FIRE CHIEFS- IAFC Add't regist fees:Fire-Rescue:4/20-22 200.00 200,00
PageS
apChkLsl Final Check List Page: 6
07/21/200S 11 :4S:43AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100879 07/21/2005 000501 INTL INSTITUTE OF MUNICIPAL Membership:Susan Jones 5473 125.00
Membership: Michaela BaJlreich 4308 91.00
Membership: Cheryl Domenoe 18708 66.00
Membership: Gwyn Flores 18709 66.00 348.00
100880 07/21/2005 004862 INTL PAVEMENT SOLUTIONS INC Rei Retention: Old Twn Gateway 37,798.74 37,798.74
100881 07/21/2005 003266 IRON MOUNTAIN OFFSITE Jun Records mgmt microfilm storage unit 343.28 343.28
100882 07/21/2005 009016 JONES, STACY Refund: Beginning Acting 15.60 15.60
100883 07/21/2005 003046 K F ROG95.1 FM RADIO Bluegrass Festival Broadcasting sves 148.00 148.00
100884 07/21/2005 000820 K R W & ASSOCIATES Jun plan check review SVC$ 1,610.00 1,610.00
100885 07/21/2005 004115 K T U & ASSOCIATES May Svcs:Roripaugh Trails Mstr Plan 2,874.05 2,874,05
100886 07/21/2005 004481 KIMLEY HORN & ASSOCIATES May Design Svcs:Murr.Crk Trail P~t 4,037.48 4,037.48
100887 07/21/2005 000548 KIPLINGER LETTER, THE 1 yr Subscription:Finance Dept 73.00 73.00
100888 07/21/2005 007321 KOPP, JON R. (RANDY) 4th Of July Parade Performer 450.00 450.00
100889 07/21/2005 001719 L P A INC Jun Prof. Svcs: Library P~t 7,192.23 7,192,23
100890 07/21/2005 006744 LAMAR CORPORATION, THE Mar Billboard Advertising:Old Town 2,700.00
Jun Billboard Chg-Out: Summer Time 455.00 3,155.00
100891 07/21/2005 004905 LIEBERT, CASSIDY & WHITMORE Jun HR legal SVC$ for TE060-#001 275.00 275.00
100892 07/21/2005 003782 MAIN STREET SIGNS Citywide various signs replacement 2,370.06
various street directional signals:PW 2,179.30
signs for school crossing: PW 349.11
street directional signs & hardware: PW 340.49 5,238.96
100893 07/21/2005 001967 MANPOWER TEMPORARY temp help w/e 06/30 JD/JG/DH 2,287.52
Temp Help W/E 07/3 Dankworth 131.68 2,419.20
100894 07/21/2005 006488 MANSILLA, NEAL reimb:NFPA World Safety Cf 6/5-8/05 354.27 354.27
100895 07/21/2005 001256 MARRIOTT HOTEL HtI:League/Ca Cities Cf:7127-29 F.Hogan 547.98 547.98
Page:6
apChkLst Final Check List Page: 7
07/21/21105 11:45:43AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Data Vendor Description Amount Paid Check Total
100896 07/21/2005 001256 MARRIOTT HOTEL Htl:League/Ca Cities Cf:7/27-29 J.Henz 547.98 547.98
100897 07/21/2005 001256 MARRIOTT HOTEL Htl:League/Ca Cities Cf:7/27-29 C.Fox 547.98 547,98
100898 07/21/2005 006571 MELODY'S AD WORKS Jul Hot Summer Nights Promotions 4,300.00 4,300.00
100899 07/21/21105 001526 MICHAELS STORES INC arts/crafts supplies for SMART Prgm 492.85 492.85
100900 07/21/2005 004208 MILANOS refreshments:City Council mtg 7/12/05 295.SO 295.50
100901 07/21/2005 007669 MILES, KATRINA TCSD Instructor Earnings 472.50
TGSD Instructor Earnings 218.75 691.25
100902 07/21/2005 008091 MILLMORE'S WAX CREW PW vehicles detailing svcs 100.00
PW vehicles detailing svcs 75.00 175.00
100903 07/21/21105 004002 MILNER SIGNS Banner-how long it takes/stop car 45 mph 1,002.08 1,002.08
100904 07/21/2005 008968 MISSOULA CHILDRENS THEATRE Deposit: Frog Prince pertormance 2113.18 SOO.OO SOO.OO
100905 07/21/2005 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 315.00
TCSD Instructor Earnings 283.50
TGSD Instructor Earnings 189,00 787.SO
100906 07/21/2005 004522 MULLlGANS FAMiLY FUN Summer Day Camp Excursion 7f7/0S 1,537,50 1,537.SO
100907 07/21/2005 003039 MURRIETA VALLEY HIGH band performance: Painted Parasol 4/16 150.00 lSO.00
100908 07/21/2005 002925 NAPA AUTO PARTS misc maint parts for PW Maint Div 23.14 23.14
100909 07/21/2005 002037 NEXUS INTEGRATION SERVICES phone equipment for City Hall 997.63 997,63
100910 07/21/2005 002139 NORTH COUNTY TIMES Jun Chuck Bechtloft Collection Ad:T. Mus 113.92 113.92
100911 07/21/2005 006140 NORTH JEFFERSON BUSINESS Jul-Sep bus.prk assn dues:F.V.l115 xx17 329.00 329.00
100912 07/21/2005 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 586.43
City Vehicle Repair/Maint Svcs 32.27 618.70
100913 07/21/2005 001171 ORIENTAL TRADING COMPANY Teen Programs supplies 284.41
Summer Day Camp supplies 97.54 381.95
Page:7
apChkLsI Final Check List Page: 8
07/21/2005 11 :45:43AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Data Vendor Description Amount Paid Check Total
100914 07/21/2005 007197 PALOMA VALLEY HIGH SCHOOL band performance: Painted Parasol 4/16 150.00 150.00
100915 07/21/2005 003955 PANE CONSULTING SERVICE T-shirts:SMART pgrm 1,858.41
lanyards:SMART pgrm 241.28 2,099.69
100916 07/21/2005 004074 PARTY CITY OF TEMECULA INC MPSC Recreation Supplies 75.62 75.62
100917 07/21/2005 003218 PELA Jun TCSD plan check svcs 750.00 750,00
100918 07/21/2005 002185 POSTMASTER-TEMECULA renew business reply mail fee for 2005 150.00 150.00
100919 07/21/2005 000254 PRESS ENTERPRISE COMPANY 7/28/05-7/26/06 subser PW 6178628 160.16 160.16
100920 07/21/2005 009026 PROCHNOW, SILVIA Refund: Kidz Love Soccer - Soccer 3 80.00 80.00
100921 07/21/2005 004627 PUBLIC SAFETY TECHNOLOGIES 16 Channel radioslheadsets: Jul 4 parade 405.93 405.93
100922 07/21/2005 002012 R D 0 EQUIPMENT COMPANY '05 backhoe trailer:PW 12,574.42 12,574.42
100923 07/21/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 17,250.68
Various Water Meters 10,273.53
Jul 01-08-00035-0 Hwy 79S 232,02
Jun 01-06-26305-0 Old Town Front 81 203,30
Jun 01~06-81000-1 Old Town Front 81 75.72
Jul 01-08-00038-1 Pechanga Pkwy 70.62
Various Water Meters 62.88
Jun 01-06-68000-4 Main 81 39.06
Jun 01-06-60005-0 Main St 11,93 28,219.74
100924 07/21/2005 006738 RANCHO COMMUNITY CHURCH Refund: advanced energy fees/sl lights 2,856.00 2,856.00
100925 07/21/2005 000947 RANCHO REPROGRAPHICS dup blueprints: Diaz Rd/Rancho Ca 20.95
dup blueprints: Pauba Rd ImplV 10.09 31.04
100926 07/21/2005 004584 REGENCY LIGHTING var park sites electrical supplies 919.05
Old Town Front Street electrical 548.77
CRC electrical supplies 494.25
var park sites electrical supplies 65.43 2,027.50
100927 07/21/2005 003742 REHAB FINANCIAL Jun loan collection svcs: RDA 8.00 8.00
- - -- - - ----
100928 07/21/2005 004498 REPUBLIC ELECTRIC on.08Il traffic sgnl mntc: 3/28 2,632.36
on.08Il traffic sgnl mntc: 2124 Hwy 79S 623.31 3,255.67
Page:8
apChkLst Final Check List Page: 9
07/2112005 11:45:43AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100929 07/21/2005 003773 REUBEN H FLEET SCIENCE SMART excursion - 7/27/05 261.85 261.85
100930 07/21/2005 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 462.00
TCSD Instructor Earnings 171.50
TCSD Instructor Earnings 24.50 658.00
100931 07/21/2005 000352 RIVERSIDE CO ASSESSOR Jun assessor maps for Bldg & Safety Dept 9.00 9.00
100932 07/21/2005 000353 RIVERSIDE CO AUDITOR FY 05106 LAFCO Allocation Cost 4,507.49
May '05 parking citation assessments 2,029.00 6,536.49
100933 07/21/2005 000418 RIVERSIDE CO CLERK & 4 TennlRegul.atory Agrmnt recording fees 52.00 52.00
--------
100934 07/21/2005 000418 RIVERSIDE CO CLERK & Feb-May 2005 copy fees:PW 7.00 7.00
--------
100935 07/21/2005 001592 RIVERSIDE CO INFO May radio leases for Police 627.00 627.00
100936 07/21/2005 000357 RIVERSIDE CO FY 04105 4th qtr traffic sgnl maint svcs 1,809.00
- - - --.-. -.
Credit: 3rd qtr traffic sgnl mntclDeer .150.00
Credit: 4th qtr traffic 5gnl mntc/Deer .150.00 t ,509.00
100937 07/21/2005 003587 RIZZO CONSTRUCTION INC repair ice maker @ City Hall 900.00 900.00
100938 07/21/2005 007830 ROAD BUILDERS INC Jun prgs #12: Wolf Vly Chnl PW99-11CH 486,279.33 486,279.33
100939 07/21/2005 008962 ROAROCKIT SKATEBOARD kits for -Build a skateboard deck" 889.78 889.78
100940 07/21/2005 000271 ROBERT BEIN WM FROST & May Consulting Svcs: 1-15/79s un. lntre 24,149.85 24.149.85
100941 07/21/2005 008974 ROCHEFORO, LISA Refund: Skateboard BldglDsgn 65.00 65.00
100942 07/21/2005 008812 ROMANO, BEA entertainment for western days 2005 400.00 400.00
100943 07/21/2005 000277 S & S ARTS & CRAFTS INC recreation supplies for SMART Prgm 1,279.11
recreation supplies for SMART Prgm 680.51
recreation supplies for SMART Prgm 37.06
credit recreation supplies for SMART -52.93 1.933.75
100944 07/21/2005 006176 SANTA ANA COLLEGE Prevention 2-C: N. Mansilla 7/25-29/05 140.00 140.00
100945 07/21/2005 004562 SCHIRMER ENGINEERING CORP. Jun plan check svcs: Fire Prey 5,450.00 5,450.00
Page:9
apChkLst
07/21/2005
11:45:43AM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
100946 07/21/2005 004609 SHREDFORCE INC
100947 07/21/2005 000751 SKILlPATH INC
100948 07/21/2005 000645 SMART & FINAL INC
100949 07/21/2005 000537 SO CALIF EDISON
Final Check List
CITY DF TEMECULA
(Continued)
Description
Jun doc shredding services: Records Mgmt
Jun doc shredding svcs: O.T. P.D.Stn
Jun doc shredding services: CRC
Business Writing sem:9/8-9/05 S. Beswick
Summer Day Camp Supplies
supplies for the SMART Prgm
Jul 2-01-202-7330 various mtrs
Jul 2-01-202-7603 arterial st lights
Mar.Jun 2-26-887-0789 42189 Win. #A
Jul 2-26-887-0789 various mtrs
JuI2-25-393-4681 T.E.S. Pool
Jun 2-24-151-6582 various mtrs
JuI2-24-628-8963 Btrtld Stage
JuI2-27-303-5618 Pechanga
creditMar-Jun 2-26-887-0789 42189
100950 07/21/2005 000519 SOUTH COUNTY PEST CONTROL pest control svcs:MPSC
.
100951 07/21/2005 007851 SOUTHCOAST HEATING & AIR
City Hall Hvac Repairs
City Hall HV AC repairs
Fire Stn 84 HV AC repair
City Hall HV AC repairs
Children's Museum HV AC repairs
CRC HV AC repairs
100952 07/21/2005 004282 SOUTHWEST TRAFFIC SYSTEMS Tomar lighting for Dodge truck:Planning
100953 07/21/2005 005786 SPRINT
100954 07/21/2005 000293 STADIUM PIZZA
100955 07/21/2005 006145 STENO SOLUTIONS
100956 07/21/2005 004247 STERICYCLE INC
100957 07/21/2005 007898 SWANK MOTIONS PICTURES,
5/15-6/14/05 cellular charges
Credit: line activated in error xx9827
creditoverbilled for M.Edwards phone
Credit: replacement phone H.Osvold
Credit: replacement phone C.Washington
refreshments: Redhawk Annex 7/2105
Jun transcription slVes: Police
Jun medical waste disposal: Paramedics
-E.T: rental: Movies in the Park
Page: 10
Amount Paid
Check Total
110.00
24.00
22.50
156.50
299.00
299.00
201.56
47.95
249.51
40,641.58
14,780.29
3,273.06
2,018.13
835.57
442.70
25.72
23.25
-3,273.0S
58,767.24
84.00
84.00
909.50
281.38
192.50
156.16
156.16
70.00
1,765.70
2,152.00
2,152.00
7,583,12
-40,67
-54.08
-215.49
-646.49
6,626.39
397.17
397.17
1,011.84
1,011,84
74.34
74.34
271.00
271.00
Page:10
apChkLst
07/21/2005
11 :45:43AM
Final Check List
CITY OF TEMECULA
Page: 11
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100958 07/21/2005 008804 SYMPRO INC
Reimb Exp: Finance Software Onsite Train
455.30
455.30
100959 07/21/2005 006305 TEMECULA SISTER CITY ASSN
Shipping charges for lnt'l Art Exchange
1,500.00
1,500.00
100960 07/21/2005 008926 TEMECULA STAMPEDE
facility rental: Bluegrass Festival
770.00
770.00
100961 07/21/2005 000307 TEMECULA TROPHY COMPANY Staff Recognition Awards: Aquatics
Staff Recognition Awards: Aquatics
300.00
69.19
369.19
100962 07/21/2005 000311 TEMECULA VALLEY HIGH Jazz Ensemble: Jazz Festival 4/16105
150.00
150.00
100963 07/21/2005 000306 TEMECULA VALLEY PIPE & plumbing supplies for var park sites
8.34
8.34
100964 07/21/2005 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:Harveston Park
Aquatics locksmith svcs
199.69
92.51
292.20
100965 07/21/2005 004477 TEMECULA VALLEY WOMANS Refund: Sec.Deposn CRC
150.00
150.00
100966 07/21/2005 003949 THORNTON WINERY INC Deposit:Commission Recogn Dinner 10/13
500.00
500.00
100967 07/21/2005 000668 TIMMY D PRODUCTIONS INC CRC Teen Prgm dance 4/1/05
Sound Vendor Band Jam - 3/18/05
400.00
400.00
800.00
100968 07/21/2005 003858 TOM RONEY ROOFING Res Imp Prgm: Sieveke, Debie
170.00
170.00
100969 07/21/2005 005937 TOMCZAK, MARIA T. TCSD Instructor Eamings
98.00
98.00
100970 07/21/2005 007433 TOVEY SHULTZ CONSTRUCTION Jun Prgs #17: Comm. Theater Pw02-23
Jun prgs #3: Roripaugh Fire Stn PW03-
May Prgs #16: Comm. Theater Pw02-23
799,657.44
296,218.11
84,990.56
1,180,866.11
100971 07/21/2005 006192 TRISTAFF GROUP
temp help wle 06126 Amezcua
temp help wle 06130 Amezcua
904.80
624.00
1,528.80
100972 07/21/2005 007118 US TELPACIFIC CORPORATION Jullntemet IP Addresses Block
545.88
545.88
100973 07/21/2005 007766 UNDERGROUNO SERVICE ALERT Jul undrgmd svcs alert tickets:PW
123.20
123.20
100974 07/21/2005 004368 VAll COOPER & ASSOCIATES
May Cip Inspection Svcs: A. Aguilar
9,530.00
9,530.00
100975 07/21/2005 006807 VANIR CONSTRUCTION
May constr mgmt:Roripaugh Fire Stn 03-01
May Constr Mgmt:Comm. Theater 02-23
15,723.94
13,593.21
29,317.15
Page:l1
apChkLst
07/21/2005
11:45:43AM
Final Check List
CITY OF TEMECULA
Page: 12
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100976 07/21/2005 004261 VERIZON
Jul xxx-S072 general usage
Julxxx-0073 general usage
Jul xxx-1473 O.T. P.D.Stn
Jul xxx-5473 Moraga Rd
Jul xxx-3910 1st st irrigation
Jul xxx-48gB M. Edwards
Jul xxx-6573 general usage
4,573.77
218.53
76.29
32.58
31.78
29.26
28.30
4,990.51
100977 07/21/2005 004789 VERIZON ONLINE
Internet svcs!EOC backup @ stn 64
72.94
72.94
100978 07/21/2005 004848 VERIZON SELECT SERVICES INC Jullong distance phone sves
26.36
26.36
100979 07/21/2005 007737 VIRTUAL FLOW TECHNOLOGY
bi-yearly maint on water system:Fire
184.70
164.70
100980 07/21/2005 008445 Wf>LT ALLEN ARCHITECT
dsgn svcslMall Police Stn tenant imprv
471.29
471.29
100981 07/21/2005 009022 WARREN, TAMMY
Refund: Arts/Crafts. Childrens!Mia
5.00
5.00
100982 07/21/2005 009020 WATKINS, TRACI Refund: Skyhawks - Multi-Sport 1
130.00
130.00
100983 07/21/2005 003730 WEST COAST ARBORISTS INC tree tnmming sves: Riverton Park
tree trimming svcs @ Pala Park
Jun Citywide tree trimming svcs
7,380.00
1,770,00
937.00
10,087.00
100984 07/21/2005 004826 WEST COAST OVERHEAD DOOR Res Imprv Prgm: E. Ford
645.00
645.00
100985 07/21/2005 004595 WESTERN MUSEUMS W,M.A.eonf: M, Betz 9/28-10/02/05
555.00
555.00
100986 07/21/2005 008402 WESTERN RIVERSIDE COUNTY May & Jun '05 MSHCP payment
100987 07/21/2005 007223 WESTON, RET A EE Computer Loan prgm
100988 07/21/2005 002109 WHITE CAP INDUSTRIES INC Jun maint supplies for PW
caution tape for PW Maint Div
100989 07/21/2005 007588 WOLNICK, GLORIA reimb: framed article for business
100990 07/21/2005 009021 YOUNG, JEANNIE Refund: Sci Adv Camp
100991 07/21/2005 000348 ZIGLER, GAIL Team Pace raffle 8/13/05
158,928.20
158,928.20
1,590.99
1,590.99
515.98
43.36
559.34
149,50
149.50
27.00
27.00
1,045.00
1,045.00
Page:12
apChkLst
07/21/2005
11:45:43AM
Final Check List
CITY OF TEMECULA
Page: 13
Grand total for UNION BANK OF CALIFORNIA:
2,460,702.76
Page:13
apChkLsI
07/21/2005 11 :45:43AM
Final Check List
CITY OF TEMECULA
Page: 14
185 checks in this report.
Grand Total All Checks:
2.460,702.76
Page:14
apChkLst Final Check List Page: 1
07/2812005 3:37:34PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
537 07/28/2005 000444 INST AT AX (EDD) 2nd Quarter 2005 UJ & ETT Tax 11,215.00 11,215.00
538 07/28/2005 000444 INSTATAX (EDD) State Disability Ins Payment 19,251.20 19,251.20
539 07/28/2005 000283 INSTATAX (IRS) Federal Income Taxes Payment 76,041.94 76,041.94
540 07/28/2005 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 16,933.49 16,933.49
541 07/28/2005 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 100,043.04 100,043.04
------- --. .-.
542 07/28/2005 000389 U S_ G M WE(';T '9~~),__ OBRA. Project Retirement Payment 5,638.72 5,638.72
100992 07/21/2005 000249 PETTY CASH Petty Cash Reimbursement 662.22 662.22
100993 07/22/2005 009033 ALLEN, STEVEN L. M.Allen wages & CAL hours 4,949.34 4,949.34
100994 07/28/2005 005126 A E G SOLUTIONS PW Auto CAD drawing supplies 73.07 73.07
100995 07/28/2005 004064 ADELPHIA Jul-Aug high speed internet svcs 46.95 46.95
100996 07/28/2005 002877 ALTA LOMA CHARTER LINES SMART Wild Animal excursion bus svcs 701.75 701.75
100997 07/28/2005 004240 AMERICAN FORENSIC NURSES Jun DUI Drug & Alcohol Screening 551.75
Jun DUI Drug & Alcohol Screening 490.00 1,041.75
100998 07/28/2005 00S595 AMERICAN INTL GROUP INC Jul'05 workers' comp premium 51,818.00 51,818.00
100999 07/28/2005 000936 AMERICAN RED CROSS Lifeguard training supplies:Aquatics 56.00 56.00
101000 07/28/2005 000101 APPLE ONE INC Temp help PPE 7/9 JBlGK 950.40
Temp help PPE 7/9 Shelton 432.00 1,382.40
101001 07/28/2005 000475 B N I PUBLICATIONS INC Book: Greenbook standard spec 61.82 61.82
101002 07/28/2005 003466 BASKET & BALLOONS TOOl Gift Basket for Voorburg Mayor 91.58 91.58
101003 07/28/2005 002541 BECKER CONSTRUCTION SRVS Erosion repairs:LaPresa/ J. Warner basin 31,000.00 31,000.00
Page:1
apChkLst Final Check List Page: 2
07/2812005 3:37:34PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101004 07/2812005 009040 BRIGHT, MARIE Refund: 4 Paws Basic Dog T mg 170.00 170.00
101005 07/2812005 009035 BRITTON, JUDY Reimb: 40 white chairs rental 44.00 44.00
101006 07/28/2005 009047 BUTTERFIELD STATION Refund: Withdrew sign application 2,100.00 2,100.00
101007 07/28/2005 006908 C C & COMPANY INC DepstEntertainment: Hot Summer Nights 500.00
DepstEntertainment:Hot Summer Nights 500.00 1,000.00
101008 07/28/2005 004462 C D W GOVERNMENT INC Library day/night net camera equip 3,507.23 3,507.23
101009 07/28/2005 008613 CALIF BANK & TRUST ReI Retention Esrw 2160075819Wolf Crk 130,495.00 130,495.00
101010 07/28/2005 007146 CALIFORNIA SENSOR CORP Repair Redhawk sprkr controller 754,25 754.25
101011 07/28/2005 002415 CASTLE AMUSEMENT PARK Deposit: Smart Excursion 8/3/05 50.00 50.00
101012 07/28/2005 002358 CERTIFIED FOLDER DISPLAY Shipping:mktg brochures rack refill 51,06 51.06
101013 07/2812005 008972 CHEMICAL LIGHT INC Water pistols for Employee Picnic 124.52 124.52
101014 07/2812005 005418 CLEAN FLO INTERNATIONAL Equip Repair:Duck Pond Compressor 791.20 791,20
101015 07/2812005 004405 COMMUNITY HEALTH CHARITIES Community Heahh Charities Payment 122,00 122.00
101016 07/2812005 004414 COMMUNITY WORKS DESIGN May Ldscp design: Diaz Realignment 4,029.38 4,029.38
101017 07/2812005 000447 COMTRONIX OF HEMET Install lights/siren on Fire vehicle 7,972.75 7,972.75
101018 07/28/2005 009059 COUTS, TINA Refund: Security Dept-MPSC 150.00 150.00
101019 07/2812005 009046 CUSHING, ALL YSON Refund: Picnic Shelter: Reagan Spts Prk 55.00 55.00
101020 07/2812005 004123 o L PHARES & ASSOCIATES Aug lease for Police storefront 2,241.58
Jullease for Police storefront 2,141.58 4,383.16
101021 07/28/2005 003272 DAISY WHEEL RIBBON Plotter Ribbon & Ink:GIS Division 977.01 977.01
Page2
apChkLst Final Check List Page: 3
07/2812005 3:37:34PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Data Vendor Description Amount Paid Check Total
101022 07/28/2005 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 1,064.00
TCSD instructor earnings 560.00 1,624.00
101023 07/28/2005 003945 DIAMOND ENVIRONMENTAL 4th of July portable restroom rental 276.38 276.38
101024 07/28/2005 007865 DIETERICH INTERNATIONAL PW heavy equipment parts 39.20 39.20
101025 07/28/2005 009036 DIORIO, LIANE Refund: level 2 Swim lessons 42.50
Refund: level 4/5 Swim Lessons 42.50 85.00
101026 07/28/2005 008230 DOUGLAS E BARNHART INC 5/26-6125 Prgss:Wotf Crk Sprts Cmplx 1,174,453.00 1,174,453.00
101027 07/28/2005 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles:PW Mntc 1,335.92
Fuel for City vehicles:TCSD 1,127.99 2,463.91
101028 07/28/2005 001714 DREAM ENGINEERING INC Vail Ranch Bsktball Lighting Prgss 630.00 630.00
101029 07/28/2005 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr ldscp 578.71 578.71
101030 07/2812005 000478 FAST SIGNS Field signs:Harveston sprts prk 71.01 71,01
101031 07/2812005 000165 FEDERALEXPRESSINC Express mail services 84.50 84.50
101032 07/28/2005 000166 FIRST AMERICAN TITLE Lot book report: Cruz 75.00
Lot book report: Blake 75.00
lot book report: Jacobson 75.00 225.00
101033 07/28/2005 006574 FOX. KIMBERLY Refund: Hawaiian-Beg Teen/Adult 35.00 35.00
101034 07/28/2005 002982 FRANCHISE TAX BOARD Support Payment case #452379267 75.00 75.00
101035 07/28/2005 000170 FRANKLIN QUEST COMPANY INC Day timer supplies: Planning 92.11 92.11
101036 07/28/2005 008749 FREDERICK, JOHN EntertainmentSummer Concert Series 900.00 900.00
101037 07/28/2005 009051 FREY,KAREN Refund:Summer Day Camp 195.00 195.00
101038 07/28/2005 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 3,486.00
Printer toner supplies:Citywide 900.00
Printer toner supplies:Citywide 509.10 4,895.10
Page3
apChkLst
07/2812005
3:37:34PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
101039 07/28/2005 005947 GOLDEN STATE OVERNIGHT
101040 07/28/2005 008361 GRAPE STOMPERS sa DANCE
101041 07/28/2005 009039 GREAVES, TERI
101042 07/28/2005 005311 H20 CERTIFIED POOL WATER
101043 07/28/2005 009037 HAROLD, MARK
101044 07/28/2005 001135 HEALTHPOINTEMEDICAL
101045 07/28/2005 005748 HODSON, CHERYL A.
101046 07/28/2005 001158 HOLIDAY iNN
101047 07/28/2005 009060 HONG, SOOHYANG
Final Check List
CITY OF TEMECULA
(Continued)
Description
Express Mail Service:Fire Prevo
TCSD instructor earnings
Refund: Parent N Me Swim Lessons
CRClTES Jun pool svcs & supplies
Refund: Parent N Me Swim Lessons
Refund: Levell Swim Lessons
First-aid care to employee
Support Payment
Hotel:Hmld Security:l0/11-15:HW/JD
Refund: SMART Knott's1Raging Wtr
101048 07/28/2005 008356 HORIZON MECHANICAL OF CALIF Install CRC pool water heater switch
101049 07/28/2005 005583 HUGHES, WILLIAM
101050 07/28/2005 000194 1 C M A RETIREMENT-PLAN
101051 07/28/2005 008358 JAGUSCH, M,D" CHRISTIAN R.
101052 07/28/2005 009041 JEFFERS, LISA
101053 07/28/2005 009008 JONES, BRIAN
101054 07/28/2005 006666 JUSTUS, JEANETTE
Reimb:Refrshmnts:Safety Mtg w/Staff
I C M A Retirement Trust 457 Payment
AED Qualified Medical Doctor ovrsight
Refund: Summer Day Camp
EntertalnmentSummer Nights 7/16
Refund: Level 2 Swim Lessons
Refund: Parent N Me Swim Lessons
Page: 4
Amount Paid
Check Total
16.11
16.11
245.00
245.00
40.00
40.00
1,980.15
1,980.15
42.50
42.50
85,00
184.90
184,90
18.41
18.41
1,349.44
1,349.44
30.00
30,00
184.00
184.00
88.07
88.07
8,554.86
8,554.86
1,044.00
1,044.00
100.00
100,00
1,500.00
1,500.00
32.50
32.50
65.00
Page:4
apChkLsI Final Check List Page: 5
07128/2005 3:37:34PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101055 07/28/2005 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 840.00
TCSD instructor earnings 756.00
TCSD instructor earnings 560.00
TCSD instructor earnings 560.00
TCSD instructor earnings 560.00
TCSD instructor earnings 532.00
TCSD instructor earnings 420.00
TCSD instructor earnings 392.00
TCSD instructor earnings 371.00
TCSD instructor earnings 336.00
TCSD instructor earnings 336.00
TCSD instructor earnings 168.00
TCSD instructor earnings 112.00
TCSD instructor earnings 112.00 6,055.00
101056 07/28/2005 009038 KING, ANNISHA Refund: Level 4/5 Swim Lessons 32.50
Refund: Levelt Swim Lessons 32.50 65.00
101057 07/28/2005 001282 KNORR SYSTEMS INC lES pool equip renovation 24,666.00 24,666.00
101056 07/28/2005 000488 KNOTTS BERRY FARM Day camp excursion tickets 592.00 592.00
101059 07/28/2005 007188 LAERDAL MEDICAL CORP. Medics: CPR prgm supplies 398.15 398.15
101060 07/28/2005 004905 LIEBERT, CASSIDY & WHITMORE Supervisory harassment tmg 618 2,500.00 2,500,00
101061 07/28/2005 003726 LIFE ASSIST INC Paramedic Medical Supplies 546.31 546.31
101062 07/28/2005 007387 LONDON, MARA Refund: Level 2 Swim Lessons 40.00 40.00
101063 07/28/2005 006654 LOST CANYON RANGERS EntertainmentWestern Days 600.00 600.00
101064 07/28/2005 004087 LOWES INC 2 Kobatt IDE Truck boxes:B&S 491.34 491.34
101065 07/28/2005 008756 MADRIGAL, ANTONIO performance:Harveston Lake 08/03105 700.00 700.00
101066 07/28/2005 003782 MAIN STREET SIGNS Street name signs/hardware: PW Maint 211.19 211.19
101067 07/28/2005 004141 MAINTEX INC Old Town custodial supplies 36.66
City Hall custodial supplies 34.39 71.05
101068 07/28/2005 009043 MANUEL, TONYA Refund: Level 2 Swim Lessons 40.00 40.00
PageS
apChkLst
07/2812005
3:37:34PM
Final Check List
CITY OF TEMECULA
Page: 6
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101069 07/28/2005 008091 MILLMORE'S WAX CREW
City vehicles detailing svcs: PW Depts
City vehicles detailing svcs: PW Depts
125.00
100.00
225.00
101070 07/28/2005 001067 MITY LITE INC
tables for MPSC
1,494.55
1,49455
101071 07/28/2005 009053 MULLAY-FERRO, MARCIA
Refund: Parent N Me Swim Lessons/M.G.
Refund: Level 2 Swim Lessons/J.G.
42.50
42.50
85.00
101072 07/28/2005 000230 MUNIFINANCIAL
Jul-Sep assessments/rates-<:hrg ntes
20,034.37
20,034.37
101073 07/28/2005 002925 NAPA AUTO PARTS
vehicle parts/supplies: PW Maint Div
Booster pac:Police vehicles
177.03
152.35
329.38
101074 07/28/2005 002037 NEXUS INTEGRATION SERVICES Bal. due: Cisco Unity Messaging System
31,567,98
31,567.98
101075 07/28/2005 009048 NGUYEN, THUY Refund: Level 3 Swim Lessons
4450
44.50
101076 07/28/2005 006721 OFFICEMAX. A BOISE COMPANY Mise OffIce Supplies: Finance
Mise Office Supplies: Finance
Credit:: items returned/Finance
107.50
48.13
-30.17
125.46
101077 07/28/2005 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
1,474.09
1,345,96
603.40
269.19
75.37
3,768.01
101078 07/28/2005 009058 OLGUIN, BEATRIZ
Refund: SMART - Castle Park
25.00
25.00
101079 07/28/2005 001171 ORIENTAL TRADING COMPANY TCC recreation supplies
Promo items:Finance
193.90
89.n
283.67
101080 07/28/2005 008871 ORIGINAL LIFEGUARD INC women'slmen's lifeguard uniforms
814.59
814.59
101081 07/28/2005 002256 P & 0 CONSULTANTS INC
May temp bldg inspection svc: Henderson
11,985.72
11,985.72
101082 07/28/2005 006939 PAINT CONNECTION, THE Res Imprv Prgm: P. Corwin
Res Imprv prgm: A. Villanueva
Res Imprv Prgm: S. Ritter
2,360.00
1,550.00
1,250.00
5,160.00
101083 07/28/2005 003218 PELA Jun inspections: Pechanga Storm Drains
Jun Idscp plan ck: R.C. Rd Widening
495.00
180.00
675.00
101084 07/28/2005 007679 PERFORMANCE INSTITUTE, THE Homeland Sec.Sem:J.Domenoe 10/12-14
Homeland Sec.Sem:H.Windsor 10/12-14
Emerg Response Sem: H.S. 7/20/05
1,195.00
1,195.00
395.00
2,785.00
Page:6
apChkLst Final Check List Page: 7
07/28/2005 3:37:34PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101085 07/28/2005 001958 PERS LONG TERM CARE PERS Long Term Care Payment 288.55 288.55
101086 07/28/2005 000249 PETTY CASH Petty Cash Reimbursement 435.56
Petty Cash Reimbursement 151.05 586.61
101087 07/28/2005 009049 PHILlPPBAR, SCOTT reimb medic certification 75.00 75.00
101088 07/28/2005 007484 PHILIPS MEDICAL SYSTEMS INC DefibriDator/PadslBattery Pack:Win.Dental 1,605.79
fast response kits/pads:Medics 678.07 2,283.86
101089 07/28/2005 004515 PLASTIC LUMBER COMPANY wooden street signs: PW Maint Div 1,375.41 1,375.41
101090 07/28/2005 008754 PLASTICS BY ROY INC Plastic tubing for exhibit:C. Museum 600,69 600.69
101091 07/28/2005 002354 POSITIVE PROMOTIONS Promo items: Finance 72,45 72.45
101092 07/28/2005 000253 POSTMASTER Express Mail & Postal Svcs 78.80 78.80
101093 07/28/2005 000254 PRESS ENTERPRISE COMPANY Jun Recruitment Ads:PWfTCSDIPLN 1,360.95 1,360.95
101094 07/28/2005 003155 PRICE CHOPPER INC wrist bands for public swim prgm 580.00 580.00
101095 07/28/2005 005075 PRUDENTIAL OVERALL SUPPLY uniformslflr maVtowel rentals: City Fae 1,099.74 1.099.74
101096 07/28/2005 004529 QUAID TEMECULA HARLEY- motorcycle purchase/repair & maintPolice 10,954.04 10,954.04
101097 07/28/2005 008651 R M F CONTRACTING INC Jun Prgs #1: VRMS a.ball Court Lighting 48,463.20 48,463.20
101098 07/28/2005 006664 R R M DESIGN GROUP Apr Citywide design guidelines 2,432,77
Jun Citywide design guidelines 1,958.05 4,390.82
101099 07/28/2005 009045 RAMIREZ, DINORA Refund:Sec.Deposit TCC 150.00 150.00
101100 07/28/2005 004272 RANCHO ARMY NAVY STORE Rain parkas:Police Explorers 116.29 116.29
Page:?
apChkLst
07/2812005
3:37:34PM
Final Check List
CITY OF TEMECULA
Page: 8
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Vendor
Description
Amount Paid
Check Total
Check # Date
101101 07/28/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters
Jul 01-04-47210-0 T.E.S.Pool
Jul 01-02-96010-0 Fire SIn 84
Jun 01-00-00124-2 Vail Ranch Pkwy
Jun 01-00-11000-0 Margarita Rd
Various Water Meters
Jul 01-02.98000.0 Fire Sin 84
28,950.21
1,781.17
461.26
185.88
94.13
45.98
12.05
31.530.68
101102 07/28/2005 002907 REINHART FONTES ASSOCIATES Real estale appraisals: Main StJOld
6,000.00
6,000.00
101103 07/28/2005 003591 RENES COMMERCIAL
weed abate/clean-up: Citywide R-O-W's
5,000.00
5,000.00
101104 07/28/2005 002110 RENTAL SERVICE
Equipment rental for PW Maint Div
Equipment rental for PW Maint Oiv
976.22
21.70
997,92
101105 07/28/2005 004498 REPUBLIC ELECTRIC
Install lraf S9nl batterieslcabinets:Citywide
70,805.00
70,805.00
101106 07/28/2005 007402 RICHARD BRADY & ASSOCIATES 5/29-6/30/05 dsgn .ves: Mnlc Fac Expan
65,832.30
65,832.30
101107 07/28/2005 009052 RICHICHI, JENNIFER
Refund: Parent N Me Swim Lessons
30.00
30.00
101108 07/28/2005 000955 RIVERSIDE CO SHERIFF SW STN 4th of July events patrol svcs
14,310.30
14,310.30
101109 07/28/2005 000406 RIVERSIDE CO SHERIFFS DEPT June 2005 Booking Fees
7,507.20
7.507.20
101110 07/28/2005 001365 RIVERSIDE COUNTY OF renew permitKent Hintergardl Park
renew permitSam Hicks Park
89.00
89,00
178.00
101111 07/28/2005 003587 RIZZO CONSTRUCTION INC
remove/replace concrete: Duck Pond
Fire Sin 84 appliance mainVrepair
3,176,00
1,000.00
4,176.00
101112 07/28/2005 000277 S & S ARTS & CRAFTS INC
CRC recreation supplies
Summer Day Camp recreation supplies
266.05
137.87
403.92
101113 07/28/2005 004598 S T K ARCHITECTURE INC
Jun dsgn svcs: Wolf Creek Fire Stn
Jun dsgn svcs: Roripaugh Fire Stn 03-01
Jun dsgn svcs:Wolf Creek Fire Stn affsile
7,813.69
1,887.60
124.00
9,825.29
101114 07/28/2005 000722 S. CALF ASSN CODE
Admin Writing/Camm.Rel.: M.C. 10/28-29
U.B.CJM.P.E.codes: JG 8/26-27
130.00
130.00
260.00
101115 07/28/2005 008693 SALAZAR, DONALD (SWD 000053) Support Payment
283.50
283.50
101116 07/28/2005 005227 SAN OJ EGO COUNTY OF
Support Payment case #OF099118
25.00
25.00
Page:8
apChkLst Final Check Ust Page: 9
07/2812005 3:37:34PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101117 07/28/2005 006815 SAN DIEGO, COUNTY OF Support Payment acet #581095025 12.50 12.50
101118 07/28/2005 006615 SCAN NATOA INC FY 05106 membership dues:P.Ruse 75.00 75.00
101119 07/28/2005 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment #2005022657 103.47 103.47
101120 07/28/2005 007342 SHUTE, MIHALY & WEINBERGER Jun '05 legal services pmt 176.40 176.40
101121 07/28/2005 009044 SISWOYO, LANI Refund: Level 2 Swim Lessons 40.00 40.00
101122 07/28/2005 000645 SMART & FINAL INC Teen Prgm recreation supplies 204.25
Smr Day Camp recreation supplies 92.95
Smr Day Camp recreation supplies 72.32 369,52
101123 07/28/2005 000537 SO CALIF EDISON Jun 2..QQ-397'5059 various mtrs 5,305.15
JuI2-02-351-4946 MPSC 1,963.86
JuI2-18-937-3152 T. Museum 1,575.19
Jun 2-19-999-9442 various mtrs 1,140.91
JuI2-23-365-5992 Fire SIn 92 552.04
JuI2-20-817-9929 P.D. a.T.Sln 457.02
Jul 2-11-007-0455 6th Street 331.55
Jul 2-22-891-0550 various mtrs 325.35
JuI2-21-911-7892 D.T. S Side Prk lot 132,92
JuI2-27-287-5527 various mtrs 86.89
JuI2-19-171-8568 Wedding Chpl 85.59
JuI2.21-981-4720 Hwy 79S 59.87
JuI2-14-204-1615 Front SI Rdio 33,38 12,049.72
101124 07/28/2005 001212 SO CALIF GAS COMPANY Jul 095-167-7907-2 Fire Stn 84 154.77 154,77
101125 07/28/2005 000282 SO CALIF MUNICIPAL ATHLETIC rulebooks for adult softball leagues 840,00 840.00
101126 07/28/2005 006559 SOUTHWESTERN RIVERSIDE Refund:Sec. Deposit CRC 150.00 150.00
101127 07/28/2005 005786 SPRINT Jul Acct level Chrgs 38.91 38.91
101128 07/28/2005 009057 STILLWELL, LENAYA Refund:Belly Dancy Over-Payment 18.00 18.00
101129 07/28/2005 005253 STOLTE, SHA YNA Refund:Level1 Swim Lessons/Caden 42.50
Refund:Level1 Swim Lessons/Cotton 42.50 85.00
101130 07/28/2005 009056 STRATTON, WILLIAM Refund: Skyhawks-Flag Football 130.00 130.00
Page:9
apChkLsl Final Check List Page: 10
07/28/2005 3:37:34PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
101131 07/28/2005 007698 SWANK MOTIONS PICTURES, .Charlotte's Web- rental: movie/pk 7/22 146.00 146.00
101132 07/28/2005 009042 SWEDBERG, MELINDA Refund:Sec. Depas. MPSC 150.00 150.00
101133 07/28/2005 009034 SWEElWATER UPHOLSTERY Vehicle Upholstery Repair for B&S Dept 125.00 125.00
101134 07/28/2005 000305 TARGET BANK BUS CARD SRVCS Aquatics recreation supplies 423.74
office supplies for PW Depts 399.50
MPSC recreation supplies 357.23
CRG recreation supplies 295.92
Fire Sin 84 kitchen equip supplies 183.57
8mr Day Camp recreation supplies 91.11
Fire Sin 84 kitchen equip supplies 45.21
Fire Sin 84 kitchen equip supplies 38.69 1,834.97
101135 07/28/2005 009054 TEIMORIAN, NAIEREH Refund: Tiny Tots - Fab 4 & 5's 59.00 59.00
101136 07/28/2005 0064S5 TEMECULA AUTO REPAIR Fire Prey vehicle repair/maint svcs 1,546.38
Fire Prey vehicle repair/maint svcs 257.52
vehicle repair/maint svcs:Fire Prey 39.86 1,843.76
101137 07/28/2005 000919 TEMECULA VALLEY UNIFIED Jun vehicles fuel usage: PW 368,44
Jun vehicles fuel usage:PolicelB&S 261.90 630.34
101138 07/28/2005 009055 TENNEY, JONIE Refund: Toddler Swim Lessons 30.00 30.00
101139 07/28/2005 008931 THOM, LORENE refund: summer day camp/Jocelyn #204 200.00
refund: summer day camplKatelyn #204 200.00
refund: summer day camplKatelyn #205 100,00
refund: summer day camp/Jocelyn #205 95.00 595.00
101140 07/28/2005 000668 TIMMY D PRODUCTIONS INC OJ svcs: 4th of July Extravaganza 15,500.00
OJ for Redhawk Annexation 7/2105 1,100,00
OJ for teen prgm dance 7/22/05 350.00 16,950.00
101141 07/28/2005 003031 TRAFFIC CONTROL SERVICE INC traffic control devices:PW Maint Div 80.81 80.81
101142 07/28/2005 007451 TRIAS, MARIFEL Refund:Tiny Tots - Fab 4 & 5's 59.00 59.00
101143 07/28/2005 004759 lWlN GRAPHICS Re-Design of new patrol graphics for Kg Unit 92,13
Temecula Police vehicle decals 47.10 139.23
101144 07/28/2005 000325 UNITED WAY United Way Charities Payment 223.65 223.65
Page:10
apChkLst
0712812005
3:37:34PM
Final Check List
CITY OF TEMECULA
Page: 11
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
101145 07/28/2005 004368 VAll COOPER & ASSOCIATES
Jun C1P inspection svcs:D.V.lAA
4,668.00
4,668.00
101146 07/28/2005 007602 VANCE CORPORATION
Mar Prgs #5: Diaz Rd Realignment 95-27
Credit: exceeds agreement amount
creditline 10 exceeds agrmnt ami 95-27
23,729.53
.169.32
-4,100.49
19,459.72
101147 07/28/2005 004261 VERIZON
Jul xxx-aD? 4 general usage
Jul xxx.3564 alarm
Jul xxx.6084 general usage
Jul xxx-5275 Tern. P.O. DSL
Jul XXlC-3984 M, Naggar
269.27
56.63
54.75
29.27
28.31
438.23
101148 07/28/2005 004789 VERIZON ONLINE
Internet svcs: Tern. P,O. DSL
85.88
85.88
101149 07/28/2005 004848 VERIZON SELECT SERVICES INC May-Jun long distance phone svcs
1,765.06
1,765.06 .
101150 07/28/2005 009050 VON GONTEN, MICHELE
Refund: Summer Day Camp
200.00
200.00
101151 07/28/2005 004826 WEST COAST OVERHEAD DOOR Res Imprv Prgm: B. Villanueva
675.00
675.00
101152 07/28/2005 006316 WESTSIOE SELF STORAGE
Aug off-site storage:Records Mgmt
credit: late fee
1,015.00
-15.00
1.000.00
101153 07/28/2005 008460 YOSEMITE INC
Htl:APA Conf:S. Fisk 10/28-11/2 #72D6F7
534,60
534.60
101154 07/28/2005 008460 YOSEMITE INC
Htl:APA Cf:V. McCoy 10/29-11/2 #72d61k
534.60
534.60
101155 07/28/2005 005195 ZOOLOGICAL SOCIETY
bal.due/SMART Excursion: 7/13/05
24.25
24.25
Grand total for UNION BANK OF CALIFORNIA:
2,152,508.87
Page:11
ITEM 4
APPROVAL
CITY ATTORNEY
DIRECTOR OF~CE{.lg
CITY MANAGE I
CITY OF TEMECULA .
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
August 9, 2005
SUBJECT:
City Treasurer's Report as of June 30, 2005
JA Lf' _
Karin Grance, Revenue Manager"9I..I/l7
Shannon Domenigoni, Accountant(];
That the City Council receive and file the City Treasurer's Report as of
PREPARED BY:
RECOMMENDATION:
June 30, 2005.
DISCUSSION: Government Code Sections 53646 and 41004 require reports to the
City Council regarding the City's investment portfolio, receipts, and disbursements respectively.
Attached is the City Treasurer's Report that provides this information.
The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635
as of June 30, 2005.
FISCAL IMPACT:
None
Attachments:
City Treasurer's Report as of June 30, 2005
.
CityolT_
City 'I'rtasartr's Report
As 01 Jane 30, 2005
Cash Activity for the Month of June:
Cash and Investments as of June 1,2005 $ 135,609,004
Cash Receipts 10,207,713
Cash Disbursements (8,775,519)
Cash and Investments as of June 30.2005 $ 137,041,198
Cash and Investmmts Portfolio: Maturityl
Purchase Termination Market ParlBoo};:
Type ofInvestmcnt Institution ~ D.te D.te Value Balance @ 06130105
General Checking Union Bank nI. 120,371 (I)
Flex Benefit Demand Deposits Union Bank nI. 3,394 (1)
Checking Account - Parking Citations Union Bank nI. 5,964
Local Agency Investment Fund State Treasurer-LAIF 2.961 % 63,246,412 (2)
Certificate of Deposit . Retention Escrow Conununity National Bank nI. 94,961
CertifICate of Deposit - Retention Escrow California Bank & Trust nI. 180,050
CertifICate of Deposit - Retention Escrow Bank of Sacramento nI. 35,590
Petty Cash cay H.n nI. $ 1,500
PW"'" Ag<n'Y' Cilible Federal Panns Credit Bank 3.820 % 06101/2005 0610112007 999,380 1,000,000
Federal Agency- Callable Federal Home Loan Bank 1.885 % 06126/2003 01/23/2006 990,000 981,500
Federal Agency- Callable Federal Home Loan Bank 2.500 % W/1612003 08/1412006 1,911,880 1,915,620
Federal Agency- Callable Federal Home Loan Bank - BOS 3.000 % 0311 0/2004 01107/2008 2,813,263 2,852,894
Federal Agency- Callable Federal Home Loan Bank - BOS 3.000 % 03/25/2004 01/22/2008 1,958,120 1,951,260
Federal Agency. Callable Federal Home Loan Bank. BOS 3.000 % 0311 0/2004 12/28/2rxR 3,918,760 3,907,520
Pw,,,l Ag<n'Y- C.n.ble FedecalHomeLoan Bank - BOS 3.070 % 03/17/2004 01115/2008 1,961,880 1,956,880
Pokr" Ag<n'Y' C.n.ble FedecalHome Loan Bank - BDS 3.100% 03110J2004 01108/2008 2,993,758 2,988,054
Federal Agency- Callable Fedecal Home Loan Bank - BDS 3.125 % 03/19/2004 01116/2008 982,190 980,000
Federal Agency- Callable Federal Home Loan Bank - BDS 3.150 % 03/16/2004 01114/2008 982,810 980,940
Federal Agency. Bullet Federal Home Loan Bank. BDS 3.300% 02123/2005 02/28/2006 997,190 1,000,000
Federal Agency- Callable Federal Home Loan Bank. BOS 3.520 % 04102!2004 0113012008 1,981,260 1,983,760
Federal Agency- CaIlable DN Federal Bornt. Loan Bank - BDS 3,785 % 03104/2005 12/2812006 998,750 1,000,000
Federal Agency. Callable ON Federal Home Loan Bank. BOS 3.850% 03104!2005 03/2312007 998,130 1,000,000
Federal Agency. Callable Federal Home Loan Bank. BDS 2.250 % 06/26/2003 07124/2006 984,060 983,750
Federal Agency. Callable Federal Home Loan Mortgage Co 3.500% 06/1512005 12/1512006 1,996,880 2,000,000
Federal Agency- Callable Federal Home Loan Mortgage Co 2.000 % 06106/2003 0613012006 982,460 979,800
Federal Agency- Callable Federal Home Loan Mortgage Co 3.750 % 03104/2005 08/03/2007 997.030 1,000,000
Federal Agency- Callable Federal Home Loan Mortgage Co 4.050 % OS/23!2005 09/2412007 1,000,630 1,000,000
Federal Agency. Callable Federal National Mortgage Assoc. 4.000 % 03104!2005 l:>>105l2rxR 1,000,000 1,000,000
Bond Fund - CFD 88-12 U.S. Bank (First Am. Treasury) 2.540 % 171
(Money Market Account)
Delinquency Maintenance Account. CFD 88-12 CDCIIXIS Funding Corp 5.430 % 09101/2017 500,000
(Investment Agreement)
Delinquency Maintenance Account. CFD 88-12 U.S. Bank (First Am. Treasury) 2.540 % 595,590
(Money Market Account)
Reserve Fund - CFD 88-12 CDCIIXIS Funding Corp 5.430 % 0910112017 1,531,468
(Investment Agreement)
RescveFund. CFD 88-12 U.S. Bank (First Am. Treasury) 2.390 % 2
(Money Market Account)
Special Tax Fund - CFD 01-2 U.S. Bank (First Am. Treasury) 2.540 % 1,145,111
(Money Market Account)
Admin Expense Fund - CFD 01-2 U.S. Bank (First Am. Treasury) 2.540 % 748,253
(M:oney Market Account)
Variable Bond Fund - CFD 01-2 U.S. Bank (First Am. Treasury) 2.540 % 7,647
(Money Market Acconnt)
InterestDifferentialFnnd- CFD 01-2 U.S. Bank (First Am. Treasury) 2.540 % 133,086
(Money Market Account)
Improvement Fnnd - CFD 01.2 U.S. Bank (First Am. Treasury) 2.540% 2,831,340
(Money Market Account)
Special Tax Fund - CFD 03-1 U.s. Bank {First Am. Treasury) 2.540 % 495,903
(Money Market Account)
Bond Fund - CPO 03-1 U.S. Bank (First Am. Treasury) 2.540 % 20,748
(Money Market Account)
Capital Interest Fund . CFD 03-1 U.S. Bank (First Am. Treasury) 2.540 % 32
(Money Market Account)
Reserve Fund - CFD 03-1 Aig Match Fed Corp Ref 4.830% 863,900
(Investment Agreement)
Reserve Fund - CFD 03-1 U.S. Bank (First Am. Treasury) 2.630 % 4
(Investment Agreement)
Paoe1
City of Temec:ula
City 'I'reasarer's Report
As of June 30, 2005
city Improvement Fund - CFD 03-1 U.S. Bank (First Am Treasury) 2.540 %
(Money Market AcCOWlt)
City Improvement Fund - CFD 03-1 State Tuasnrer-LAIF 2.961 %
(Local Agency Investment Fond)
Cal Trans Improvement Fund - CFD 03-1 U.S. Bank (First Am. Treaswy) 2.540 %
(Money Market Account)
Cal Trans Improvement Fund - CFD 03-1 State Treasurer-LAIF 2.961 %
(Local Agency Investment Fund)
Acquisition Account Fund - CFD 03-1 U.S. Bank (First Am. Treaswy) 2.540%
(Money Market Account)
Acquisition Account Fund - CFD 03-1 State Treasurer-LAIF 2.961 %
(Local Agency In vestment Fund)
Special Tax Fund - CFD 03-03 U.S. Bank (First Am. Treaswy) 2.540%
(Money Market Account)
Bond Fund - CFD 03-3 U.S. Bank (First Am. Treaswy) 2.540%
(Money Market Account)
Capital Interest Fund - CFD 03-3 U.S. Bank (First Am Treasury) 2.540 %
(Money Market Account)
CapitalInterestFond- CFD 03-3 State Treasurer-LAIF 2.961 %
(Local Agency In vestment Fund)
Reserve Fund - CFD 03-3 CDCJIXIS Funding Corp 3.000 %
(Investment Agreement)
Reserve Fund - CFD 03-3 U.S. Bank (First Am. Treasury) 2.610 %
(Money Market Account)
city Improvement Fund - CFD 03-3 U.S. Bank (First Am. Treasury) 2.540 %
(Money Market Account)
City Improvement Fund - CFD 03-3 State Treasurer-LAIF 2.961 %
(Local Agency Investment Fund)
EMWD Improvement Fund - CFD 03-3 U.S. Bank (First Am. Treaswy) 2.540 %
(Money Market Account)
EMWD Improvement Fund - CFD 03-3 State Treasurer-LAIF 2.961 %
(Local Agency Investment Fund)
Acquisition Account Fund - CFD 03-3 U.S. Bank (First Am Treasnry) 2.540%
(Money Market Account)
Acquisition Account Fund - CFD 03-3 State Treasurer-LAIF 2.961 %
(Local Agency Investment Fond)
Capital Interest Fund - CFD 03-06 U.S. Bank (First Am Treaswy) 2.540 %
(Money Market Account)
Reserve Fund - CFD 03-06 U.S. Bank (First Am. Treasury) 2.540 %
(Money Market Account)
City Improvement Fund - CFD 03.06 U.S. Bank (First Am. Treasury) 2.540 %
(Money Market Account)
Redemption Fund - AD 03.04 U.S. Bank (First Am. Treasury) 2.540 %
(Money Market Account)
Admin Expense Fond - AD 03-4 U.S. Bank (First Am Treasury) 2.540%
(Money Market Account)
Reserve Fund - AD 03-04 U.S. Bank (First Am Treasury) 2.540 %
(Money Market Account)
Interest Account - RDA TABs U.S. Bank (First Am Treasury) 2.540%
(Money Market Account)
Reserve Account - RDA TABs MBIA Surety Bond nI.
(Surety Bond)
Installment Payment Fond - TCSD COPs U.S. Bank (First Am Treasury) 2.540 %
(Money Market Account)
Project Fond - TCSD COPs U.S. Bank (First Am Treasury) 2.540%
(Money Market Account)
Project Fund - TCSD COPs State Treasurer-LAIF 2.961 %
(Local Agency Investment Fond)
08/3112034
(l).This amount is net of outstanding checks.
(2)-A11une 30,2005 total market value (including accrued interest) for the Local Agency Investment Fond (LAlF) was $60,635,664,345.
The City's proportianate share of that value is $63,022,986.
All investments are liquid and currently available.
The City ofTemecu1a'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 six months.
Pl!l{lA2
141
961,926
512,619
6,011
933
1,294,985
1,245.410
43,892
6,999
12
2,171,120
6
342
1,313,349
2,990
3,691,464
10,077
10,102,110
121,562
341,888
3,810,887
65,652
15,392
101,184
35
381
452
1,051,116
$ 131,041.198
001
100
101
120
150
160
165
170
190
192
193
194
195
196
210
261
271
273
274
275
276
280
300
310
320
330
340
380
390
460
470
473
474
475
476
CITY OF TEMECULA
CASH AND INVESTMENT REPORT
JUNE 2005
GENERAL FUND
STATE GAS TAX FUND
STATE TRANSPORTATION FUND
DEVELOPMENT IMPACT FUND
AB 2766 FUND
AB 3229 COPS
RDA DEV LOWIMOD 20% SET ASIDE
MEASURE A FUND
TEMECULA COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL "B" STREET LIGHTS
TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
TCSD SERVICE LEVEL "D" REFUSEJRECYCLING
TCSD SERVICE LEVEL "R" STREETIROAD MAINT
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
CAPITAL IMPROVEMENT PROJECT FUND
CFD 88-12 ADMIN EXPENSE FUND
CFD 01-2 HARVESTON IMPROVEMENT FUND
CFD 03-1 CROWNE HILL IMPROVEMENT FUND
AD 03-4 JOHN WARNER IMPROVEMENT FUND
CFD 03-3 WOLF CREEK IMPROVEMENT FUND
CFD 03-6 HARVESTON 2 IMPROVEMENT FUND
REDEVELOPMENT AGENCY - CIP PROJECT
INSURANCE FUND
VEillCLES FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
RDA 2002 TABS DEBT SERVICE
TCSD 2001 COP'S DEBT SERVICE
CFD 88-12 DEBT SERVICE FUND
CFD 01-2 HARVESTON DEBT SERVICE FUND
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
AD 03-4 JOHN WARNER ROAD DEBT SERVICE
CFD 03-3 WOLF CREEK DEBT SERVICE FUND
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
GRAND TOTAL
Fund Total
28,487,426.94
368,277.33
1,397.05
13,900,522.43
234,707.43
1.66
10,158,024.43
6,105,532.09
725,756.30
158,957.64
352,605.34
1,681,873.11
30,346.03
365,077.35
22,844,101.15
8,071.53
2,843,941.85
2,783,281.60
593,310.97
2t,126,331.64
3,870,887.37
1,926,120.08
1,420,884.52
930,124.50
531,703,55
194,592.45
32,927.64
3,276,683.43
4,499,81
4,226,241,51
2,136,993.20
1,458,549.31
195,408.36
3,564,6t9.47
501,419.46
137,041,198.53
ITEM 5
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER ffJ
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council \\ l\ ..N\
John Meyer, Redevelopment Director "y \ '\
TO:
DATE:
August 09, 2005
SUBJECT:
Purchase and Sale Agreement for Property located in Old Town
RECOMMENDATION:
It is Recommended that the City Council:
1. Approve the Purchase and Sale Agreement and escrow instructions for certain real
property located at 41934 Main Street (APN 922-044-022) in the City of Temecula and
authorize the Mayor to execute,
2, Approve an appropriation from unreserved General Fund balance in an amount not to
exceed $1,420,000 for acquisition, escrow, closing costs, appraisal, testing, and related
fees.
BACKGROUND: Staff has been working with Fred Perkins on the purchase of property
located on the south side of Main Street, west of Mercedes Street in Old Town. The subject
property is 15,000 sq ft and contains a two story office building. The property has been
appraised and the total value has been set at $1.4 million, 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.
Additional fund authorization in the amount of $20,000 is requested to cover escrow and closing
costs, Phase I environmental analysis, and related fees.
FISCAL IMPACT: The $1.4 million acquisition cost will be funded from the unreserved
General Fund balance.
Attachments:
1. Purchase and Sale Agreement
R;\Oldtown\OT ACQ\Staff Report OT Acq Aug 09, 200S-Perkins.docl
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 August _' 2005, is entered into by and between TOMCO, LLC, a
California limited liability corporation ("Seller"), and the CITY OF TEMECULA, a public body,
corporate and politic ("Buyer"), upon the following terms and conditions:
1. SALE AND PURCHASE PRICE.
1,1 Sale and Purchase, Seller agrees to sell to Buyer and Buyer agrees to
purchase from Seller good and marketable fee simple title to that parcel of real property of
approximately 50,000 square feet identified as Assessor's Parcel Number 922-044-022, located
in the City of Temecula, County of Riverside, State of California, commonly known as 41934
Main Street, Temecula, California 91292, 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 Seller ("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
described above shall be One Million Four Hundred Thousand Dollars ($1,400,000), payable in
cash. Within five (5) business days after the date of execution hereof, Buyer shall deliver to
Escrow Holder (as herein defined) cash in the amount of Ten Thousand Dollars ($10,000.00)
(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 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.
11087/0001/832602.1
8/02/05
1.3 No Relocation Assistance to Seller. Seller hereby acknowledges and
agrees that the Property is partially owner occupied, and that the purchase and sale of the
Property is being made in the course of voluntary negotiations between Seller and Buyer
resulting from Seller's having offered the Property for sale. Seller's business, McLaughlin
Engineering and Mining, Inc. is a tenant on the subject property. Seller 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.
Seller hereby further waives any and all claims it 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. This waiver does not apply to any of the
remaining tenants on the subject property.
2. TITLE.
2.1 General. Title to the Property shall be conveyed by Grant Deed and shall
be evidenced by a CL T A Standard Coverage Form of Owner's Policy of Title Insurance (or an
AL TA 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. Notwithstanding anything
in the foregoing to the contrary, Buyer acknowledges approval of the following exceptions listed
in Schedule "B" of the Old Republic Title Company Preliminary Report dated as of
, 200_, Order No. (the "Preliminary Report"): Items
2.2 Acts After Date of Aareement. During the period from the date of this
Agreement through the close of escrow, Seller 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 AL TA Coveraae. Buyer shall have the option of obtaining an
AL T A Extended Coverage Form Policy of Title Insurance or a CL T A Standard Coverage Form
Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the AL TA
Extended Coverage Survey (the "Survey"); provided, that, Seller shall provide to Buyer, at no
cost to Buyer and within five (5) days after execution of this Agreement, a copy of Seller's 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. I
11087/0001/832602,1
8/02/05
3. RIGHT OF ENTRY.
3.1 Seller hereby grants 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 Seller 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. Seller and it representatives shall have the right to accompany
and observe all of Buyer's and its Representatives' activities on the Property.
3.3 All work perfonmed by Buyer and its Representatives will be perfonmed
diligently and in a manner consistent with the standards of care, diligence and skill exercised by
recognized consulting finms 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 prornptly notify the Seller 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 hanmless Seller and its employees, agents, and representatives, and their
successors, and assigns (individually as "Indemnitee" and collectively, "Indemnitees"), free and
11087/0001/832602.1
8/02/05
hanmless 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.
4. ESCROW.
4.1 Aareement 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 Tille
Company, 3625 Fourteenth Street, Riverside, CA 92501, (909) 787-1723, fax: (909) 784-7956,
Attention: 0 ebbie Newton (dnewton@firstam.com) ("Escrow H older"), 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 fonm for the purchase and sale of the Property upon the
tenms and provisions hereof. Provided such further escrow instructions are consistent with this
Agreement, they shall be promptly signed by Buyer and Seller within five (5) business days after
delivery thereof to each party. The further escrow instructions shall incorporate each and every
tenn 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 fonm, 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 attomeys' 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 Ooenina 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.
4.4 Close of Escrow. Provided all of Seller's and Buyer's obligations to be
performed on or before close of escrow have been perfonmed and all the conditions to the close
11087/0001/832602.1
8/02/05
of escrow set forth in this Agreement have been satisfied, escrow shall close on or before
September 30, 2005 ("Closing Date"). All risk of loss or damage with respect to the Property
shall pass from Seller 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
September 30, 2005, regardless of cause or fault.
4.5 Buver Reauired 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 Seller Reauired to Deliver. Before the close of escrow, Seller 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 Seller; and
4.6.3 Any other documents contemplated by this Agreement or required
by Escrow Holder or the Title Company to be deposited by Seller 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 Seller shall be able to deliver possession of the Property to Buyer free of all tenants,
leases and/or agreements. Seller agrees 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:
Seller hereunder;
4.7.1 Seller shall have performed all agreements to be performed by
4.7.2 Seller's 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;
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
11087/0001/832602.1
8/02/05
water contamination tests and analyses as Buyer or its agents, employees or representatives
may, prior to the Closing Date, perfonm 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 Seller is 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
Temecula.
4.7.7 Approval of this Agreement by the City Council of the City of
Neither Buyer nor Seller shall act or fail to act for the purpose of penmitting 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 Seller under this Agreement:
(i) This Agreement, the escrow and the rights and obligations of Buyer and
Seller hereunder shall terminate, except as otherwise provided herein; provided, however, no
such tenmination 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 Seller 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 Seller all funds and documents deposited by Seller in escrow and
which are held by Escrow Holder on the date of the tenmination (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: Deliverv 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 Seller.
4.9 Prorations. All real and personal property taxes, liens and assessments
shall be prorated between Buyer and Seller as of the close of escrow based on the latest
available tax infonmation or, at Seller's 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
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
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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 Seller 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 Seller shall pay:
(a) The cost of any obligations of Seller 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 transfeF 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 Seller 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. Seller covenants
and agrees 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 Seller.
Seller agrees 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 Charaes. 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 (V2) of all escrow and title cancellation charges.
5. REPRESENTATIONS AND WARRANTIES BY SELLER.
In consideration of Buyer's entering into this Agreement and as an inducement to
Buyer to purchase the Property, Seller makes the following representations and warranties,
each of which is material and is being relied upon by Buyer (the continued truth and accuracy of
which shall constitute a condition precedent to Buyer's obligations to close hereunder and each
of which shall survive the close of escrow):
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5.1 This Agreement has been duly and validly authorized, executed and
delivered by Seller and no other action is requisite to the valid and binding execution, delivery
and performance of this Agreement by Seller;
5.2 There are no suits pending against or affecting or, to the best of Seller's
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 Seller of the transaction
contemplated pursuant to this Agreement;
5.4 To Seller's best knowledge, there are no materials, reports and
information in Seller's 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. Seller shall deliver to Buyer any materials and reports relating to the Environmental
Condition of the Property which comes into Seller's possession, and any information relating to
the Environmental Condition of the Property of which Seller becomes aware;
5.5 To the best of Seller's knowledge, Seller is 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 Seller's 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 Seller's knowledge there has been no production, disposal
or storage on the Property of any Hazardous Materials (as hereinafter defined) by Seller or any
of the contractors, agents, employees or representatives of Seller or, to the best of Seller's
knowledge, any previous owner or current or previous tenant of the Property; and to the best of
Seller's knowledge, t here 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 Seller is 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.
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 sea; oil and petroleum products and natural gas, natural
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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 sea; asbestos
and asbestos-containing materials, PCBs and other substances regulated under the Toxic
Substances Control Act, 15 U.S.C. Section 2601 et sea; 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
et sea; 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 sea.; 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 sea; the Clean Water Act, 33 U.S.C. Section 1251
et sea; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide
Act 7 U.S.C. Section 136 et sea; the Marine Protection, Research, and Sanctuaries Act,
33 U.S.C. Section 1401 et sea; the National Environmental Policy Act, 42 U.S.C. Section 4321
et sea; the Noise Control Act, 42 U.S.C. Section 4901 et sea; the Occupational Safety and
Health Act, 29 U.S.C. Section 651 et sea; the Resource Conservation and Recovery Act 42
U.S.C. Section 6901 et sea; as amended by the Hazardous and Solid Waste Amendments of
1984; the Safe Drinking Water Act, 42 U.S.C. Section 3001 et sea; the Comprehensive
Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et sea; 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 sea: the Atomic Energy Act, 42 U.S.C.
Section 2011 et sea; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et
sea; 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), Seller 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
Seller given not later than ten (10) business days after receipt of Seller's notice. If Buyer does
not exercise this option to terminate this Agreement, neither party shall have the right to
terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall
be entitled to receive and keep, all awards for the taking by eminent domain which accrue to
Seller, 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, Seller shall take no action with respect to any eminent domain
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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, Seller
shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its
sole and absolute discretion, to temninate this Agreement upon written notice to Seller given not
later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this
option to temnjnate this Agreement, neither party shall have the right to terminate this
Agreement, but the Seller shall assign and turn over, and the Buyer shall be entitled to receive
and keep, all insurance proceeds paid by Seller's 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 temninated, Seller 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 Seller seeking
enforcement of any of the temns 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: (951)694-6412
Fax: (951) 693-3903
With a Copy To:
Richards, Watson and Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071- 3101
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Attention: Peter Thorson
Tel: (213) 626-8484
Fax: (213) 626-0078
To Seller:
TOMCO, LLC
F red Perkins
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 Seller may enforce
its 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 Seller 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
any adequate remedy at law. It is expressly agreed, therefore, that Buyer's rights hereunder
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may be enforced by an action for specific perfonmance 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 a ny person, 0 ther than the parties hereto a nd their successors and
assigns, any rights or remedies under or by reason of this Agreement.
20. SEVERABILITY. If anyone 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 tenms of the transactions contemplated by this
Agreement or the ability of either party to perfonm 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 tenmination, 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 SELLER. Seller's execution and delivery to Buyer of
this Agreement shall constitute an offer to sell the Property pursuant to the tenms stated herein,
which offer shall be irrevocable by Seller, provided that Buyer accepts such offer by executing
and returning to Seller a counterpart of this Agreement on or before December 8, 2003. Seller
understands and agrees 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
City Council of the City of Temecula and its governing body. Seller further acknowledges and
agrees that this Agreement is tendered under the provisions of California Evidence Code
Section 1152, and in the event this Agreement 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
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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.
"SELLER"
TOMCO, LLC.
"BUYER"
THE CITY OF TEMECULA, a municipal
corporation
By:
Jeff Comerchero, Mayor
By:
Fred Perkins, President
Attest:
Susan Jones, City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
By:
Peter Thorson, City Attorney
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
A.P.N.922-044-022
A-1
8/02/05
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF RIVERSIDE AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOTS 19 AND 20 IN BLOCK 19 OF TEMECULA, IN THE CITY OF
TEMECULA, 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.
TOGETHER WITH THAT PORTION OF MAIN STREET LYING NORTHWESTERLY
OF SAID LAND AS ABANDONED BY DOCUMENT RECORDED APRIL 23, 1975
AS FILE NO. 46491 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL 2:
LOTS 21 AND 22 IN BLOCK 19, OF TEMECULA, IN THE CITY OF
TEMECULA, 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.
TOGETHER WITH THAT PORTION OF MAIN STREET LYING NORTHWESTERLY
OF SAID LAND AS ABANDONED BY DOCUMENT RECORDED APRIL 23, 1975
AS FILE NO. 46491 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA. .
z..
Supplemental Material
for
Consent Calendar Item No. 5
(Purchase and Sale Agreement for property located
in Old Town)
.....\,\ 1/\/
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CITY OF TEMECULA
REDEVELOPMENT DEPARTMENT
MEMORANDUM
DATE:
August 9, 2005
TO:
City Manager/City Council
John Meyer, Redevelopment Director~
FROM:
SUBJECT:
Purchase and Sale Agreement -Perkins
We have received a second set of comments from Stan Harter, the attorney working with Fred
Perkins. As a result, a few changes have been made to the Purchase and Sale Agreement. Most of
them were minor corrections.
It was pointed out that McLaughlin Engineering and Mining (tenant) is a separate legal entity from
Tomco (owner) and not a subsidiary. As such, they have requested McLaughlin receive the same
relocation benefits as the other tenants. We have adjusted the Agreement accordingly.
R:\Housing 2005\citycouncilperkinsD.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 August _, 2005, is entered into by and between TOMCO, LLC, a
California limited liability company ("Seller"), and the CITY OF TEMECULA, a public body,
corporate and politic ("Buyer"), upon the following terms and conditions:
1. SALE AND PURCHASE PRICE.
1.1 Sale and Purchase. Seller agrees to sell to Buyer and Buyer agrees to
purchase from Seller good and marketable fee simple title to that parcel of real property of
approximately 50,000 square feet identified as Assessor's Parcel Number 922-044-022, located
in the City of Temecula, County of Riverside, State of California, commonly known as 41934
Main Street, Temecula, California 91292, 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 Seller ("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
described above shall be One Million Four Hundred Thousand Dollars ($1,400,000), payable in
cash. The purchase price is broken down as follows: Land Value - $1,400,000. Within five
(5) business days after the date of execution hereof, Buyer shall deliver to Escrow Holder (as
herein defined) cash in the amount of Ten Thousand Dollars ($10,000.00) (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 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.
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1.3 No Relocation Assistance to Seller. Seller hereby acknowledges and
agrees that the Property is partially owner occupied, and that the purchase and sale of the
Property is being made in the course of voluntary negotiations between Seller and Buyer
resulting from Seller's having offered the Property for sale. Buyer shall have no further
obligation to Seller 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.
Seller hereby further waives any and all claims it 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. This waiver does not apply to any of the
tenants on the subject property.
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. Notwithstanding anything
in the foregoing to the contrary, Buyer acknowledges approval of the following exceptions listed
in Schedule "B" of the Old Republic Title Company Preliminary Report dated as of
, 200_, Order No. (the "Preliminary Report"): Items
2.2 Acts After Date of Aqreement. During the period from the date of this
Agreement through the close of escrow, Seller 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 AL T A Coveraqe. Buyer shall have the option of obtaining an
AL TA Extended Coverage Form Policy of Title Insurance or a CL T A Standard Coverage Form
Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the AL TA
Extended Coverage Survey (the "Survey"); provided, that, Seller shall provide to Buyer, at no
cost to Buyer and within five (5) days after execution of this Agreement, a copy of Seller's 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.
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3. RIGHT OF ENTRY.
3.1 Seller hereby grants 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 Seller 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. Seller and its 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 Seller 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
successors, and assigns (individually as "Indemn~ee" and collectively, "Indemnitees"), free and
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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.
4. ESCROW.
4.1 Aqreement 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 Seller 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 Openinq of Escrow.
delivery to the Escrow Holder of a fully
Agreement.
Escrow shall be deemed open on the date of
executed copy or executed counterparts of this
4.4 Close of Escrow. Provided all of Seller's and Buyer's obligations to be
performed on or before close of escrow have been performed and all the conditions to the close
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of escrow set forth in this Agreement have been satisfied, escrow shall close on or before
September 30, 2005 ("Closing Date"). All risk of loss or damage with respect to the Property
shall pass from Seller 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
September 30, 2005, regardless of cause or fault.
4.5 Buver 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 Seller Required to Deliver. Before the close of escrow, Seller 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 Seller; and
4.6.3 Any other documents contemplated by this Agreement or required
by Escrow Holder or the Title Company to be deposited by Seller 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 Seller shall be able to deliver possession of the Property to Buyer free of all tenants,
leases and/or agreements. Seller agrees 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:
Seller hereunder;
4.7.1 Seller shall have performed all agreements to be performed by
4.7.2 Seller's 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;
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
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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 Seller is 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 City Council of the City of
Temecula.
Neither Buyer nor Seller 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 Seller under this Agreement:
(i) This Agreement, the escrow and the rights and obligations of Buyer and
Seller 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 Seller 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 Seller all funds and documents deposited by Seller 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 Seller.
4.9 Prorations. All real and personal property taxes, liens and assessments
shall be prorated between Buyer and Seller as of the close of escrow based on the latest
available tax information or, at Seller's 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
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
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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 Seller 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 Seller shall pay:
(a) The cost of any obligations of Seller 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 Seller 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. Seller covenants
and agrees 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 Seller.
Seller agrees 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 Charqes. 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 SELLER.
In consideration of Buyer's entering into this Agreement and as an inducement to
Buyer to purchase the Property, Seller makes the following representations and warranties,
each of which is material and is being relied upon by Buyer (the continued truth and accuracy of
which shall constitute a condition precedent to Buyer's obligations to close hereunder and each
of which shall survive the close of escrow):
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5.1 This Agreement has been duly and validly authorized, executed and
delivered by Seller and no other action is requisite to the valid and binding execution, delivery
and performance of this Agreement by Seller;
5.2 There are no suits pending against or affecting or, to the best of Seller's
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 Seller of the transaction
contemplated pursuant to this Agreement;
5.4 To Seller's best knowledge, there are no materials, reports and
information in Seller's 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. Seller shall deliver to Buyer any materials and reports relating to the Environmental
Condition of the Property which comes into Seller's possession, and any information relating to
the Environmental Condition of the Property of which Seller becomes aware;
5.5 To the best of Seller's knowledge, Seller is 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. Seller has advised Buyer of a
missing staircase in the building, however, Seller is not aware if this constitutes a violation of
any law or govermental regulation. Buyer acknowledges this fact and expressly releases Seller
of any liability resulting from this fact;
5.6 There are no pending, or to the best of Seller's 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 Seller's knowledge there has been no production, disposal
or storage on the Property of any Hazardous Materials (as hereinafter defined) by Seller or any
of the contractors, agents, employees or representatives of Seller or, to the best of Seller's
knowledge, any previous owner or current or previous tenant of the Property; and to the best of
Seller's 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
Code 1445; and
Seller is not a "foreign person" within the meaning of Internal Revenue
5.9 As of the Closing Date, there shall be no leases and/or other agreements
in existence affecting the Property, except for those identified in Exhibit "B" hereto. Seller
acknowledges that all security deposits for said 'eases shall be transferred to Buyer. Buyer
acknowledges that all rent accrued prior to the Close of Escrow shall be promptly delivered to
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Seller. Seller further acknowledges that it will pro-rate all pre-paid rent and promptly deliver to
Buyer the balance of the rent applied to the period following the Close of Escrow.
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 seq; 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
et seq; 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 seq; 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 seq: 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 et seq: the Resource Conservation and Recovery Act 42
U.S.C. Section 6901 et seq: 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 sea; 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 seq; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et
seq; 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), Seller 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
Seller given not later than ten (10) business days after receipt of Seller's notice. If Buyer does
11087/0001/832602.1
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not exercise this option to terminate this Agreement, neither party shall have the right to
terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall
be entitled to receive and keep, all awards for the taking by eminent domain which accrue to
Seller, 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, Seller 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, Seller
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 Seller given not
later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this
option to terminate this Agreement, neither party shall have the right to terminate this
Agreement, but the Seller shall assign and turn over, and the Buyer shall be entitled to receive
and keep, all insurance proceeds paid by Seller's 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, Seller 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 Seller 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
11087/0001/832602.1
8/02/05
Tel: (951) 694-6412
Fax: (951) 693-3903
With a Copy To:
Richards, Watson and Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071- 3101
Attention: Peter Thorson
Tel: (213) 626-8484
Fax: (213) 626-0078
To Seller:
TOMCO, LLC
Fred Perkins
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 Seller may enforce
11087/0001/832602.1
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its 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 Seller 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
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 anyone 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 SELLER. Seller's 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 Seller, provided that Buyer accepts such offer by executing
and returning to Seller a counterpart of this Agreement on or before September 30, 2005. Seller
11087/0001/832602.1
8/02105
understands and agrees 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
City Council of the City of Temecula and its goveming body. Seller further acknowledges and
agrees that this Agreement is tendered under the provisions of California Evidence Code
Section 1152, and in the event this Agreement 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.
"SELLER"
TOMCO, LLC.
"BUYER"
THE CITY OF TEMECULA, a municipal
corporation
By:
Jeff Comerchero, Mayor
By:
Fred Perkins, Manager
Attest:
Susan Jones, City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
By:
Peter Thorson, City Attorney
11087/0001/832602.1
8/02/05
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
A.P.N. 922-044-022
A-1
8/02/05
ITEM 6
APPROVAL
CITY ATTORNEY
DIR. OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Tim Thorson, Director of Information Systems
DATE: August 9,2005
SUBJECT: Procurement of Updated Pentium Computer Workstations
RECOMMENDATION: That the City Council authorize the purchase of 50 Pentium based
Hewlet Packard (HP) computer workstations from HP for the total amount of $58,070,50.
DISCUSSION: The City has adopted HP computer, server, and storage subsystems as a
standard hardware configuration. This standard simplifies parts replacement, trouble shooting, and
allows the City's Intelligent Network Management System to monitor a common suite of computer
hardware. This minimizes downtime and makes the IS Department more efficient.
In order to maintain a life cycle management program to keep the City's hardware inventory moving
according to prescribed amortization schedules, thirty eight of these machines will be replacing older
systems that no longer meet the technical requirements necessary to run the City's current
applications.
HP Pentium workstations are available on Western States Contracting Alliance (WSCA) approved
agreements. The competitively, quoted price is provided by an authorized WSCA contractor. Under
this agreement it is within the City's discretion to take advantage of the pricing on another
governmental entity contract. The contract is made available for use by State of Califomia agencies
and any city, county or local governmental agency empowered to expend public funds. Therefore,
this purchase is exempt from competitive bidding requirements. Staff's research has determined
that the WSCA price is the most competitive, Also, it has been determined that the WSCA program
is consistent with the City's procurement policies and regulations and that it is used by many cities
as an industry standard.
FISCAL IMPACT: Adequate funds were appropriated in the 2005-06 Fiscal Year Budgetforthe
Information Services Internal Services fund.
Attachment: HP Public Sector Sales. WSCA Quote
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ITEM 7
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
.~illiam G, Hughes, Director of Public Works/City Engineer
DATE:
July 27,2005
SUBJECT:
Award a Construction Contract for the Bridge Barrier Rail Replacement
Project - Project No. PW01-09
PREPARED BY:
Greg Butler, Principal Engineer
William Becerra, Assistant Engineer
RECOMMENDATION:
That the City Council:
1. Award a construction contract for Bridge Barrier Rail Repiacement Project - Project No.
PW01-09 to R.J. Bullard Construction, Inc, in the arnount of $232,780.00 and authorize the
Mayor to execute the contract.
2, Authorize the City Manger to approve change orders not to exceed the contingency amount
of $23,278,00, which is equal to 10% of the contract amount.
BACKGROUND: On March 8, 2005 the City Council approved the plans and specifications for
the subject project and authorized the Public Work department to solicit construction bids. The
Project involves the removal and replacement of the existing barrier rail on the Rainbow Canyon
Road Bridge over Pechanga Creek and the Del Rio Road Bridge over Empire Creek. The Project
will also include water pollution control, removal of existing curb and metal railing, construction of a
retaining wall and all necessary traffic control.
Six (6) bids were received and publicly opened on Tuesday, July 26, 2005, The results were as
follows:
1,
2,
3.
4.
5,
6.
R.J. Bullard Construction, Inc.
Southland Construction
4-Con Engineering, Inc.
Peterson-Chase General Eng.
O'Donnell Construction, Inc.
Beador Construction Co., Inc,
$232,780.00
$263,600.00
$278,614,00
$288,605.00
$292,082.00
$292,300.00
Staff has reviewed the bid proposals and found R.J, Bullard Construction, Inc. of Bonsall, Califomia
to be the lowest responsible bidder for this project. Staff has contacted references and determined
that R.J. Bullard Construction, Inc, has completed similar work for the City and other agencies
satisfactorily.
The specifications allow forty-five (45) working days for the completion of this project.
R:\AGENDA REPORTS\200S\08090S\PW01-09 Award.DOC
A copy of the bid summary is available}or review in the City Engineer's office, The engineering
estimate was $230,000. The bids for the project came in slightly higher than the engineer's estimate
due to recent increases in rnaterial and labor costs.
FISCAL IMPACT: The Bridge Barrier Rail Replacement is a Capital Improvement Program
Project, which is funded with Capital Project Reserves, Development Impact Fees - Street
Improvements and the Highway Bridge Replacement and Rehabilitation Program. Adequate funds
are available in Account No, 210-165-722-5804. The total construction cost is $256,058.00, which
includes the contract amount of $232,780.00 plus a 10% contingency of $23,278.00,
ATTACHMENTS:
1. Project Location
2, Contract
2
R:\AGENDA REPORTS\2005\080905\PW01-09 Award.DOC
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW01-09
BARRIER RAIL REPLACEMENT PROJECT
THIS CONTRACT, made and entered into the 9th day of August, 2005, by and between the City
of Temecula, a municipal corporation, hereinafter referred to as "CITY", and R.J. Bullard
Construction, Inc., hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW01-
09, BARRIER RAIL REPLACEMENT PROJECT, Insurance Forms, this Contract, and all
modifications and amendments thereto, the State of California Department of
Transportation Standard Specifications (latest Edition) where specifically referenced in
the Plans and Technical Specifications, and the latest version of the Standard
Specifications for Public Works Construction, including all supplements as written and
promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as
amended by the General Specifications, Special Provisions, and Technical Specifications
for PROJECT NO. PW01-09, BARRIER RAIL REPLACEMENT PROJECT. Copies of
these Standard Specifications are available from the publisher:
BNi Building News
1612 South Clementine Street
Anaheim, California 92802
(714) 517-0970
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General
Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW01-
09, BARRIER RAIL REPLACEMENT PROJECT.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be used in
lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed
and in place and that only the best general practice is to be used. Unless otherwise
specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
CONTRACT
CA.l
R:ICIPIPROJECTSIPW01IPW01-09 BarTierslConstructionlConstruction ConlractdotConstruction/Constru
The Contract Documents are complementary, and what is called for by anyone shall be as
binding as if called for by all. Any conflict between this Contract and any other Contract
Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable equipment,
and all utility and transportation services required for the following:
PROJECT NO. PW01-09, BARRIER RAIL REPLACEMENT PROJECT
All of said work to be performed and materials to be furnished shall be in strict accordance
with the Drawings and Specifications and the provisions of the Contract Documents
hereinabove enumerated and adopted by CITY.
3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR
agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO
HUNDRED THIRTY TWO THOUSAND SEVEN HUNDRED EIGHTY DOLLARS and NO
CENTS ($232,780.00), the total amount of the base bid.
CONTRACTOR a grees to complete the work in a period not to exceed f arty-five (45)
working days, commencing with delivery of a Notice to Proceed by CITY. Construction
shall not commence until bonds and insurance are approved by CITY.
5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that
the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an amount not to exceed the contingency as
established by the City Council.
6. PAYMENTS
LUMP SUM BID SCHEDULE:
A. Before submittal of the first payment request, the CONTRACTOR shall submit to
the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payment requests.
UNIT PRICE BID SCHEDULE:
B.
Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a sum equal to ninety percent (90%) of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
about the thirtieth (30th) day of each successive month as the work progresses.
The final payment, if unencumbered, or any part thereof unencumbered, shall be
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made sixty (60) days after acceptance of final payment and the CONTRACTOR
filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms
provided by the CITY.
C. Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work for
which payment is demanded has been performed in accordance with the terms of
the Contract, and that the amount stated in the certificate is due under the terms of
the Contract. Partial payments on the Contract price shall not be considered as an
acceptance of any part of the work.
D. Interest shall be paid on all undisputed payment requests not paid within thirty (30)
days pursuant to Public Contracts Code Section 20104.50. Public Contract Code
Section 7107 is hereby incorporated by reference.
E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works
Construction and Section 9203 of the Public Contract Code, a reduction in the
retention may be requested by the Contractor for review and approval by the
Engineer if the progress of the construction has been satisfactory, and the project
is more than 50% complete. The Council hereby delegates its authority to reduce
the retention to the Engineer.
7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government
Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one
thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond
the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted
from any payments due to or to become due to CONTRACTOR. Such sum shall be
deducted from any payments due to or to become due to CONTRACTOR.
CONTRACTOR will be granted an extension of time and will not be assessed liquidated
damages for unforeseeable delays beyond the control of, and without the fault or
negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is
required to promptly notify CITY of any such delay.
8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6
above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to
work related to the payment. Unless the CONTRACTOR has disputed the amount of the
payment, the acceptance by CONTRACTOR of each payment shall constitute a release of
all claims against the CITY related to the payment. CONTRACTOR shall be required to
execute an affidavit, release, and indemnity agreement with each claim for payment.
9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the Director
of the Department of Industrial Relations. These rates are available from the California
Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov.
The Federal minimum wage rates for this project as predetermined by the United States
Secretary of labor are included in Exhibit "8" of the project specifications. Future
effective general prevailing wage rates which have been predetermined are on file with
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the California Department of Industrial Relations and are referenced but not printed in the
general prevailing wage rates.
CONTRACTOR shall post a copy of such wage rates at the job site and if there is a
difference between the minimum wage rates predetermined by the Secretary of Labor and
the general prevailing wage rates determined by the Director of the California Department
of Industrial Relations for similar classifications of labor, CONTRACTOR shall pay not less
than the higher wage rate.
CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in violation
of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or
in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.
CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers,
employees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and damage to property, arising directly or
indirectly out of the obligations herein undertaken or out of the operations conducted by
CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project. The
CITY shall deduct such costs from Progress Payments or final payments due to the CITY.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or
representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing favorable
treatment with respect thereto. .
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee, or
any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been employed
by the CITY within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
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15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
17. INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national
origin, color, sex age, or handicap.
19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning
this Contract shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the City of Temecula. In the event of litigation between the
parties concerning this Contract, the prevailing party as determined by the Court, shall be
entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no
board member, officer or employee of t he City of Temecula has any interest, whether
contractual, non-contractual, financial or otherwise, in this transaction, or in the business
of the contracting party other than t he City of T emecula, and that if any such interest
comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest
would not be considered a conflict of interest under Article 4 (commencing with Section
1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor
is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-
336, as amended.
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22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents, and
to the CITY addressed as follows:
Mailing Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Street Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
R.J. Bullard Construction, Inc.
P.O. Box 1577
Bonsall, CA 92003-1577
(760) 731-7521
Robert J. Bullard, President
Susan Bullard, SecretaryfTreasurer
DATED:
CITY OF TEMECULA
Jeff Commerchero, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, CMC, City Clerk
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ITEM 8
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
~ William G. Hughes, Director of Public Works/City Engineer
August 9, 2005
TO:
DATE:
SUBJECT:
Wolf Creek Storm Drain Infrastructure, Tract No. 30264-4, -5, -8 & -10,
Cooperative Agreement
PREPARED BY:
Ronald J. Parks, Deputy Director of Public Works
Chris White, Assistant Engineer
RECOMMENDATION:
That the City Council:
1. Approve the Wolf Creek Tract No. 30264-4,-5,-8 & -10 - Wolf Creek Storm Drain
Infrastructure Cooperative Agreement with the Riverside County Flood Control and Water
Conservation District, the City of Temecula & Wolf Creek Development LLC.
2. Authorize the execution of such agreement in its final form by the Mayor, City Attorney, and
City Clerk.
BACKGROUND: Tract Map No. 30264 is bounded by Wolf Creek Drive to the north,
Pechanga Parkway to the west and Tract 23065 to the east. As a condition of approval, the
developer must construct certain flood control storm drain facilities in order to provide flood
protection for this planned development. The required facilities to be constructed include
approximately 2220 lineal feet of underground concrete pipe as shown on Exhibit "A".
Pursuant to the Cooperative Agreement, the developer will construct said facilities, and the County
Flood Control District will assume ownership and maintenance responsibility of mainline storm drain
improvements. Furthermore, in accordance with the cooperative agreement, County Flood Control
District will review and approve all construction plans associated with the storm drain improvements,
inspectthe construction of the project (County and City Inspectors will have indirect contact with the
contractor via District Inspectors), and accepts ownership and responsibility for the operation and
maintenance of the Live Oak Lateral Stages 1,2 & 3 Storm Drain Infrastructure, after construction.
Participation by the City includes the review and approval of plans and specifications prepared by
the Developer, granting permission to the County Flood Control District to inspect, operate and
maintain the Live Oak Lateral Stages 1,2 & 3 Storm Drain Infrastructure within City rights of way,
and acceptance of the operation and maintenance of all inlets and connector pipes located within
City rights of way.
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The City will accept and hold Faithful Performance and Labor and Material Bonds for the storm drain
improvements.
Following City Council adoption of the Cooperative Agreement, it will be sent to the County Flood
Control District and County of Riverside Board of Supervisors for their approval.
FISCAL IMPACT: None
Attachments:
1. Location Map (Exhibit "A")
2. Cooperative Agreement (5 copies)
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AGREEMENT
(Tract Nos. 30264-8, 30264-4 and 30264-10)
The RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, hereinafter called "DISTRICT", the CITY OF TEMECULA,
hereinafter called "CITY", and WOLF CREEK DEVELOPMENT, LLC, a California limited
liability company, hereinafter called "DEVELOPER", hereby agree as follows:
RECITALS
A. DEVELOPER has submitted for approval Tract Nos. 30264-8, 30264-4 and
30264-10 in western Riverside County and as a condition for approval DEVELOPER must
construct certain flood control facilities in order to provide flood protection and drainage for
DEVELOPER'S planned development; and
B. The required facilities include three segements of the Wolf Valley - Live
Oak Drive Lateral: I) "STAGE I" is associated with Tract No. 30264-8 and consists of
approximately 830 lineal feet of underground concrete pipe, as shown in concept in red on
Exhibit "A", attached hereto and made a part hereof; 2) "STAGE 2" is associated with Tract No.
30264-4 and consists of approximately 440 lineal feet of underground concrete pipe, as shown in
concept in green on Exhibit "A"; and 3) "STAGE 3" is associated with Tract No. 30264-10 and
consists of approximately 550 lineal feet of underground concrete pipe, as shown in concept in
orange on Exhibit "A". STAGE I, STAGE 2 and STAGE 3 are hereinafter collectively called
"PROJECT"; and
C. STAGE I connects to an existing underground stonn drain, hereinafter
called "WOLF CREEK DRIVE STAGE 2", as shown in blue on Exhibit "A", constructed and
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inspected pursuant to a separate Joint Community Facilities Agreement between DISTRICT,
CITY, Temecula Public Financing Authority and DEVELOPER, executed October 7, 2003; and
D. WOLF CREEK DRIVE STAGE 2 has not been accepted by DISTRICT for
ownership, operation and maintenance responsibilities pursuant to the terms and conditions of
said Joint Community Facilities Agreement; and
E. DEVELOPER and CITY desire DISTRICT to accept ownership and
responsibility for the operation and maintenance of PROJECT. Therefore, DISTRICT must
review and approve DEVELOPER'S plans and specifications and subsequently inspect the
construction of PROJECT; and
F. DEVELOPER and DISTRICT desire CITY to accept ownership and
responsibility for the operation and maintenance of PROJECTS associated catch basins,
connector pipes and laterals located within CITY held easements or rights of way, hereinafter
called "APPURTENANCES". Therefore, CITY must review and approve DEVELOPER'S plans
and specifications and subsequently inspect the construction of APPURTENANCES; and
G. DISTRICT is willing to (i) review and approve DEVELOPER'S plans and
specifications for PROJECT and APPURTENANCES, (ii) inspect the construction of
PROJECT, and (iii) accept ownership and responsibility for the operation and maintenance of
PROJECT, provided DEVELOPER (i) complies with this Agreement, (ii) pays DISTRICT the
amount specified herein to cover DISTRICT'S plan review and construction inspection costs for
PROJECT, (iii) pays DISTRICT the amount specified herein to cover DISTRICT'S estimated
cost to operate and maintain PROJECT for a period of ten (10) years commencing upon
DISTRICT'S acceptance of PROJECT as complete for ownership, operation and maintenance,
(iv) constructs PROJECT and APPURTENANCES in accordance with plans and specifications
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approved by DISTRICT and CITY, (v) accepts ownership and responsibility for the operation
and maintenance of PROJECT and APPURTENANCES following completion of PROJECT
construction until such time as DISTRICT accepts ownership and responsibility for the operation
and maintenance of PROJECT and WOLF CREEK DRIVE STAGE 2 and CITY accepts
ownership and responsibility for the operation and maintenance of APPURTENANCES, and (vi)
obtains all regulatory permits as set forth herein; and
H. CITY is willing to (i) review and approve DEVELOPER'S plans and
specifications for PROJECT and APPURTENANCES, (ii) accept and hold faithful performance
and payment bonds submitted by DEVELOPER for PROJECT, (iii) grant DISTRICT the right to
inspect, operate and maintain PROJECT within CITY rights of way, and (iv) accept ownership
and responsibility for the operation and maintenance of APPURTENANCES, provided
PROJECT and APPURTENANCES are constructed in accordance with plans and specifications
approved by DISTRICT and CITY.
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION I
DEVELOPER shall:
1. Prepare plans and specifications for PROJECT and APPURTENANCES,
hereinafter called "IMPROVEMENT PLANS", in accordance with DISTRICT and CITY
standards, and submit to DISTRICT and CITY for their review and approval.
2. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic
billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by
DISTRICT to cover DISTRICT'S costs associated with the review of IMPROVEMENT PLANS
and with the processing and administration of this Agreement.
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3. Deposit with DISTRICT (Attention: Business Office - Accounts
Receivable), at the time of providing written notice to DISTRICT of the start of PROJECT
construction as set forth in Section 1.8. the estimated cost of providing construction inspection
for PROJECT, in an amount as determined and approved by DISTRICT in accordance with
Ordinance Nos. 671 and 749 of the County of Riverside, including any amendments thereto,
based upon the bonded value of PROJECT.
4. Pay DISTRICT, at the time of providing written notice to DISTRICT of the
start of PROJECT construction as set forth in Section 1.8. herein, the one time cash swn of
$6,895.00 (six thousand eight hundred ninety-five dollars), the amount agreed upon to cover
DISTRICT'S estimated cost to operate and maintain PROJECT for a period of ten (10) years
(Zone 7 Maintenance Trust Fund) commencing upon DISTRICT'S acceptance of PROJECT as
complete for ownership, operation and maintenance.
5. Secure, at its sole cost and expense, all necessary licenses, agreements,
permits and rights of entry as may be needed for the construction, inspection, operation and
maintenance of PROJECT. DEVELOPER shall furnish DISTRICT, at the time of providing
written notice to DISTRICT of the start of construction as set forth in Section 1.8. or not less than
twenty (20) days prior to recordation of the final maps for Tract Nos. 30264-8, 30264-4 and
30264-10 or any phase thereof, whichever occurs first, with sufficient evidence of DEVELOPER
having secured such necessary licenses, agreements, permits and rights of entry, as determined
and approved by DISTRICT.
6. Furnish DISTRICT with copies of all permits, approvals or agreements
required by any Federal or State resource and/or regulatory agency for the construction,
operation and maintenance of PROJECT. Such docwnents include but are not limited to those
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issued by the U.S. Army Corps of Engineers, California Regional Water Quality Control Board,
California Department of Fish and Game, and State Water Resources Control Board.
7. Provide CITY, at the time of providing written notice to DISTRICT of the
start of construction as set forth in Section 1.8., or not less than twenty (20) days prior to
recordation of the final map for Tract Nos. 30264-8, 30264-4 and 30264-10, whichever occurs
first, with faithful performance and payment bonds, each in the amount of 100% of the estimated
cost for construction of PROJECT as determined by DISTRICT. The surety, amount and form
of the bonds shall be subject to the approval of DISTRICT and CITY. The bonds shall remain in
full force and effect until PROJECT is accepted by DISTRICT as complete; at which time the
bond amount may be reduced 10% for a period of one year to guarantee against any defective
work, labor or materials.
8. Notify DISTRICT in writing (Attention - Administrative Services), at least
twenty (20) days prior to the start of construction of PROJECT. Construction shall not begin on
any element of PROJECT, for any reason whatsoever, until after DISTRICT has issued to
DEVELOPER a written Notice to Proceed authorizing DEVELOPER to initiate construction.
9. Grant DISTRICT and CITY, by execution of this Agreement, the right to
enter upon DEVELOPER'S property where necessary and convenient for the purpose of gaining
access to, and performing inspection service for, the construction of PROJECT as set forth
herein.
10. Furnish DISTRICT, at the time of providing written notice to DISTRICT of
the start of construction as set forth in Section 1.8. with a complete list of all contractors and
subcontractors to be performing work on PROJECT, including the corresponding license number
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and license classification of each. At such time, DEVELOPER shall further identify in writing
its designated superintendent for PROJECT construction.
II. Furnish DISTRICT, at the time of providing written notice to DISTRICT of
the start of construction as set forth in Section 1.8. a construction schedule which shall show the
order and dates in which DEVELOPER or DEVELOPER'S contractor proposes to carry on the
various parts of work, including estimated start and completion dates. As the construction
progresses, DEVELOPER shall update said construction schedule as requested by DISTRICT.
12. Furnish DISTRICT with the final mylar IMPROVEMENT PLANS and
assign their ownership to DISTRICT prior to the start of PROJECT construction.
13. Not permit any change to or modification of the IMPROVEMENT PLANS
without the prior written permission and consent of DISTRICT.
14. Comply with all CaIIOSHA safety regulations including regulations
concerning confined space and maintain a safe working environment for DEVELOPER and
DISTRICT employees on the site.
IS. Furnish DISTRICT, at time of providing written notice to DISTRICT of the
start of construction as set forth in Section 1.8. herein, a confined space procedure specific to
PROJECT. The procedure shall comply with requirements contained in California Code of
Regulations, Title 8 Section 5158, Other Confined Space Operations, Section 5157, Permit
Required Confined Space and DISTRICT Confined Space Procedures, SOM-18. The procedure
shall be reviewed and approved by DISTRICT prior to the issuance of a Notice to Proceed.
16. During the construction period of PROJECT, provide Workers'
Compensation Insurance in an amount required by law. A certificate of said insurance policy
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shall be provided to DISTRICT and CITY at the time of providing written notice pursuant to
Section 1.8.
17. Commencing on the date notice is given pursuant to Section 1.8. and
continuing until DISTRICT accepts PROJECT as complete for ownership, operation and
maintenance:
(a) Provide and maintain or cause its contractor(s) to provide and
maintain comprehensive liability insurance coverage which shall
protect DEVELOPER from claim from damages for personal injury,
including accidental and wrongful death, as well as from claims for
property damage which may arise from DEVELOPER'S
construction of PROJECT or the performance of its obligations.
hereunder, whether such construction or performance be by
DEVELOPER, by any of its contractors, subcontractors, or by
anyone employed directly or indirectly by any of them. Such
insurance shall name DISTRICT, the County of Riverside and CITY
as additional insureds with respect to this Agreement and the
obligations of DEVELOPER hereunder. Such insurance shall
provide for limits of not less than two million dollars ($2,000,000)
per occurrence.
(b) Cause its insurance carrier(s) or its contractor's insurance carrier(s),
who shall be authorized by the California Department of Insurance
to transact the business of insurance in the State of California, to
furnish DISTRICT, the County of Riverside and CITY at the time of
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providing written notice to DISTRICT of the start of construction as
set forth in Section 1.8. with certificate(s) of insurance and
applicable policy endorsements showing that such insurance is in
full force and effect and that DISTRICT, the County of Riverside
and CITY are named as additional insureds with respect to this
Agreement and the obligations of DEVELOPER hereunder.
Further, said certificate(s) shall state that the issuing company shall
give DISTRICT, the County of Riverside and CITY sixty (60) days
written notice in the event of any cancellation, tennination, non-
renewal or reduction in coverage of the policies evidenced by the
certificate(s). In the event of any such cancellation, termination,
non-renewal or reduction in coverage, DEVELOPER shall,
forthwith, secure replacement insurance meeting the provisions of
this paragraph.
Failure to maintain the msurance required by this paragraph shall be
deemed a material breach of this Agreement and shall authorize and constitute authority for
DISTRICT, at its sole discretion, to proceed to perform the remaining work pursuant to Section
IV.3.
18. Construct, or cause to be constructed, PROJECT and APPURTENANCES
at DEVELOPER'S sole cost and expense in accordance with DISTRICT and CITY approved
IMPROVEMENT PLANS.
19. Within two weeks of completing PROJECT construction, provide
DISTRICT with written notice (Attention: Contract Administration Section) that PROJECT
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construction is substantially complete and requesting that DISTRICT conduct a final inspection
of PROJECT.
20. Accept ownership and sole responsibility for the operation and maintenance
of PROJECT and APPURTENANCES, until such time as DISTRICT accepts ownership and
responsibility for operation and maintenance of PROJECT and WOLF CREEK DRIVE STAGE
2 and CITY accepts ownership and responsibility for APPURTENANCES. Further, it is
mutually understood by the parties hereto that prior to DISTRICT acceptance of ownership and
responsibility for the operation and maintenance of PROJECT as set forth herein, PROJECT and
APPURTENANCES shall be in a satisfactorily maintained condition as solely determined by
DISlRICT.
21. Pay, if suit is brought upon this Agreement or any bond guaranteeing the
completion of PROJECT, all costs and reasonable expenses and fees, including reasonable
attorneys' fees, and acknowledge that, upon entry of judgment, all such costs, expenses and fees
shall be computed as costs and included in any judgment rendered.
22. Upon completion of construction of PROJECT, but prior to DISTRICT
acceptance of PROJECT for ownership, operation and maintenance, DEVELOPER'S civil
engineer of record or construction civil engineer of record, duly registered in the State of
California, shall provide DISTRICT a redlined "as-built" copy of IMPROVEMENT PLANS.
After DISlRICT approval of the redlined "as-built" drawings, DEVELOPER'S engineer shall
schedule with DISTRICT a time to transfer the redlined changes onto DISlRICT'S original
mylars at DISTRICT'S office, after which the engineer shall review, stamp and sign PROJECT
plans "AS-BUILT".
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SECTION 11
DISTRICT shall:
1. Review and approve IMPROVEMENT PLANS prepared by DEVELOPER
prior to the start of PROJECT construction.
2. Provide CITY an opportunity to review and approve IMPROVEMENT
PLANS prior to DISTRICTS final approvaL
3. Upon execution of this Agreement, record or cause to be recorded, a copy
of this Agreement in the Official Records of the Riverside County Recorder.
4. Inspect PROJECT construction.
5. Keep an accurate accounting of all DISTRICT costs associated with the
review and approval of IMPROVEMENT PLANS and in processing and administration of this
Agreement.
6. Keep an accurate accounting of all DISTRICT construction inspection
costs, and within forty-five (45) days after DISTRICT acceptance of PROJECT as being
complete, submit a final cost statement to DEVELOPER. If the deposit, as set forth in Section
1.3. exceeds such costs, DISTRICT shall reimburse DEVELOPER the excess amount within
sixty (60) days after DISTRICT acceptance of PROJECT as being complete. If at any time the
costs exceed the deposit or are anticipated by DISTRICT to exceed the deposit, DEVELOPER
shall pay such additional amount(s), as deemed reasonably necessary by DISTRICT to complete
the inspection of PROJECT, within thirty (30) days after receipt of billing from DISTRICT.
7. Accept ownership and responsibility for the operation and maintenance of
PROJECT upon (i) DISTRICT acceptance of PROJECT construction as being complete, (ii)
DISTRICT acceptance of WOLF CREEK DRIVE STAGE 2, and (iii) acceptance by CITY of all
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necessary right of way as deemed necessary by DISTRICT and CITY for the operation and
maintenance of PROJECT and APPURTENANCES.
8. Provide CITY with a reproducible duplicate copy of "as-built"
IMPROVEMENT PLANS upon DISTRICT acceptance of PROJECT as being complete.
SECTION III
CITY shall:
1. Review and approve IMPROVEMENT PLANS prior to the start of
PROJECT construction.
2. Accept the CITY and DISTRICT approved faithful performance and
payment bonds submitted by DEVELOPER as set forth in Section 1.7. and hold said bonds as
provided herein.
3. Grant DISTRICT, by execution of this Agreement, the right to construct,
inspect, operate and maintain PROJECT within CITY rights of way as set forth herein.
4. Upon DISTRICT acceptance of PROJECT as being complete, accept
ownership and responsibility for the operation and maintenance of APPURTENANCES.
SECTION IV
It is further mutually agreed:
1. All work involved with PROJECT shall be inspected by DISTRICT and
shall not be deemed complete until approved and accepted in writing as complete by DISTRICT.
2. CITY and DEVELOPER personnel may observe and inspect all work being
done on PROJECT, but shall provide any comments to DISTRICT personnel who shall be solely
responsible for all quality control communications with the DEVELOPER'S contractor(s) during
the construction of PROJECT.
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3. DEVELOPER shall complete construction of PROJECT within twelve (12)
consecutive months after execution of this Agreement and within thirty (30) consecutive
calendar days after commencing work on PROJECT. It is expressly understood that since time is
of the essence in this Agreement, failure of DEVELOPER to perform the work within the agreed
upon time shall constitute authority for DISTRICT to perform the remaining work and require
DEVELOPER'S surety to pay to CITY the penal sum of any and all bonds. In which case, CITY
shall subsequently reimburse DISTRICT for DISTRICT costs incurred.
4. DEVELOPER and DISTRICT, knowingly and voluntarily, waive the
provisions of Govemment Code Section 65913.8, relating to fees and charges. Such waiver is
accomplished with the understanding that DISTRICT is voluntarily undertaking the obligation to
accept ownership and responsibility for the operation and maintenance of PROJECT, and
DEVELOPER is not required by DISTRICT to enter into this Agreement.
5. DISTRICT shall endeavor to issue DEVELOPER a Notice to Proceed
within twenty (20) days of receipt of DEVELOPER'S complete written notice as set forth in
Section 1.8.; however, DISTRICT'S construction inspection staff is limited and, therefore, the
issuance of a Notice to Proceed is subject to staff availability.
In the event DEVELOPER wishes to expedite issuance of a Notice to
Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at
DEVELOPER'S sole cost and expense. DEVELOPER shall furnish appropriate documentation
of the individual's credentials and experience to DISTRICT for review and, if appropriate,
approval. DISTRICT shall review the individual's qualifications and experience and, upon
approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be
authorized to act on DISTRICT'S behalf on all PROJECT construction and quality control
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matters. If DEVELOPER'S initial construction inspection deposit furnished pursuant to Section
1.3. exceeds five thousand dollars ($5,000.00), DISTRICT shall refund to DEVELOPER up to
eighty percent (80%) of DEVELOPER'S initial inspection deposit within forty-five (45) days of
DISTRICT'S approval of DEPUTY INSPECTOR; however, a minimum balance of five
thousand dollars ($5,000.00) shall be retained on account.
6. PROJECT construction work shall be on a five (5) day, forty (40) hour
work week with no work on Saturdays, Sundays or DISTRICT designated legal holidays, unless
otherwise approved in writing by DISTRICT. If DEVELOPER feels it is necessary to work
more than the normal forty (40) hour work week or on holidays, DEVELOPER shall make a
written request for permission from DISTRICT to work the additional hours. The request shall
be submitted to DISTRICT at least 72 hours prior to the requested additional work hours and
state the reasons for the overtime and the specific time frames required. The decision of granting
permission for overtime work shall be made by DISTRICT at its sole discretion and shall be
final. Ifpermission is granted by DISTRICT, DEVELOPER will be charged the cost incurred at
the overtime rates for additional inspection time required in connection with the overtime work
in accordance with Ordinance Nos. 671 and 749, including any amendments thereto, of the
County of Riverside.
7. In the event that any claim or legal action is brought against DISTRICT or
CITY in connection with this Agreement because of the actual or alleged acts or omissions by
DEVELOPER, including but not limited to design, construction or failure of PROJECT,
DEVELOPER shall defend, indemnify and hold DISTRICT and CITY harmless therefrom,
without cost to DISTRICT or CITY. Upon DEVELOPER'S failure to do so, DISTRICT and
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CITY shall be entitled to recover from DEVELOPER all of their cost and expenses, including,
but not limited to, reasonable attorneys' fees.
8. DEVELOPER shall defend, indemnify and hold DISTRICT and CITY,
their respective officers, agents, employees and independent contractors free and harmless from
any claim or legal action whatsoever, based or asserted, pursuant to Article 1, Section 19 of the
California Constitution, the Fifth Amendment of the United States Constitution, or any other law
or ordinance which seeks to impose any other liability or damage caused by from the diversion
of the waters from the natural drainage patterns, save and except claims and litigation arising
through the negligence or willful misconduct of DISTRICT or CITY, which claims shall be
shared by the parties on a pro rata basis based on their respective responsibilities. DEVELOPER
shall defend DISTRICT and CITY without cost to DISTRICT or CITY, and upon
DEVELOPER'S failure to do so, DISTRICT and CITY shall be entitled to recover from
DEVELOPER all of their costs and expenditures, including, but not limited to, reasonable
attorneys' fees.
9. DEVELOPER for itself, its successors and assigns hereby releases
DISTRICT and CITY, their respective officers, agents, and employees from any and all claims,
demands, actions, or suits of any kind arising out of any liability, known or unknown, present or
future, including, but not limited to any claim or liability, based or asserted, pursuant to Article I,
Section 19 of the California Constitution, the Fifth Amendment of the United States
Constitution, or any other law or ordinance which seeks to impose any other liability or damage,
whatsoever, for damage caused by the discharge of drainage within or from PROJECT. Nothingo
contained herein shall constitute a release by DEVELOPER of DISTRICT or CITY, their
officers, agents and employees from any and all claims, demands, actions or suits of any kind
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arising out of any liability, known or unknown, present or future, for the negligent maintenance
of PROJECT and APPURTENANCES, after the acceptance of PROJECT and
APPURTENANCES by DISTRICT and CITY.
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10. Any waiver by DISTRICT or by CITY of any breach of anyone or more of
the terms of this Agreement shall not be construed to be a waiver of any subsequent or other
breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to
require exact, full and complete compliance with any terms of this Agreement shall not be
construed as in any manner changing the terms hereof, or estopping DISTRICT or CITY from
enforcement hereof.
I I. If any provision in this Agreement (with the exception of Section IV.4.) is
held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining
provisions will nevertheless continue in full force without being impaired or invalidated in any
way. Should it be held by a court of competent jurisdiction that any portion of Section IVA. is
invalid, void, or unenforceable, the provisions of Government Code 65913.8(b) shall apply. It
shall, therefore, be determined that this fee is extended for a period of ten years, commencing
upon DISTRICT'S acceptance of PROJECT for ownership, operation and maintenance.
12. This Agreement is to be construed in accordance with the laws of the State
of California.
13. Any and all notices sent or required to be sent to the parties of this
23 Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
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RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERV A nON DISTRICT
1995 Market Street
Riverside, CA 92501
CITY OF TEMECULA
Post Office Box 9033
Temecula, CA 92589-9033
Attn: William G. Hughes
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WOLF CREEK DEVELOPMENT, LLC
255 E. Rincon Street, Suite 200
Corona, CA 92879
Attn: Adam Smith
14. Any action at law or in equity brought by any of the parties hereto for the
purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of
competent jurisdiction in the County of Riverside, State of California, and the parties hereto
waive all provisions of law providing for a change of venue in such proceedings to any other
county.
15. This Agreement is the result of negotiations between the parties hereto, and
the advice and assistance of their respective counsel. The fact that this Agreement was prepared
as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty
or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT
prepared this Agreement in its fmal form.
16. The rights and obligations of DEVELOPER shall inure to and be binding
upon all heirs, successors and assignees.
17. DEVELOPER shall not assign or otherwise transfer any of its rights, duties
or obligations hereunder to any person or entity without the written consent of the other parties
hereto being first obtained. In the event of any such transfer or assignment, DEVELOPER
expressly understands and agrees that it shall remain liable with respect to any and all of the
obligations and duties contained in this Agreement.
18. The individual(s) executing this Agreement on behalf of DEVELOPER
hereby certify that they have the authority within their respective company(ies) to enter into and
execute this Agreement, and have been authorized to do so by any and all boards of directors,
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legal counsel, and or any other board, committee or other entity within their respective
company(ies) which have the authority to authorize or deny entering this Agreement.
19. This Agreement is intended by the parties hereto as a final expression of
their understanding with respect to the subject matter hereof and as a complete and exclusive
statement of the terms and conditions thereof and supersedes any and all prior and
contemporaneous agreements and understandings, oral or written, in connection therewith. This
Agreement may be changed or modified only upon the written consent of the parties hereto.
II
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3 (to be filled in by Clerk of the Board)
95571.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
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RECOMMENDED FOR APPROVAL:
By
WARREN D. WILLIAMS
General Manager-Chief Engineer
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APPROVED AS TO FORM:
JOE S. RANK
County Counsel
By L-~A.-~,~~~
LEE A. VINOCOUR
Deputy County Counsel
Dated
RECOMMENDEDl;'~ APPROVAL:
By ~}~
WILLIAM G. HUGHES
Director of Public Works
APP~
By
ffiTER M. THORSON
City Attorney
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
MARION ASHLEY, Chairman
Riverside County Flood Control and Water
Conservation District Board of Supervisors
A TIEST:
NANCY ROMERO
Clerk of the Board
By
Deputy
(SEAL)
CITY OF TEMECULA
By
JEFF COMERCHERO
Mayor
A TIEST:
By
SUSAN W. JONES, CMC/AAE
City Clerk
(SEAL)
Cooperative Agreement Tract No. 30264-8, 30264-4 and 30264-10
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WOLF CREEK DEVELOPMENT, LLC
a California limited liability company
By: Standard Pacific Corp.
a Delaware corpora .
Its Managing M er
(NOTARY)
18 Cooperative Agreement: Tract No. 30264.8, 30264-4 and 30264-10
AAM:seb
19 07/13/2005
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CAlIFORNIA ALl-PURPOSE ACKNOWLEDGEMENT
State of California
}
County of
Riverside
On
July 15. 2005
Date
before me,
personally appeared Michael J. White
J~- - - - =~~:3- J
NoIary Pubflc . CaUlorr;a I
. __ Counly -
MvComm. Exp!resApr 19,2009
SS.
Lilia Reyes-Torre, Notary Public
Name and Title of Officer
lZ] personally known to me
o proved to me on the basis of satisfactory
evidence
to be the person(<lt whose namelel islara.
subscribed to the within instrument and
acknowledged to me that he/shelthey executed
the same in his!Rsrltl'leir authorized
capacityfie'll, and that by his/i'lerAAeir
signaturetltt on the instrument the person!&+. or
the entity upon behalf of which the person!&+
acted, executed the instrument.
--..--..................-.---.-..........-m-..mOPTIONAl......................_m............................._..._.......
Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tille or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signe~s Name:
o Individual
lZ]CorporateOfficer- Title(s): Authorized Rep.
o Partner.. ? Limited ? General
o Attorney-in-Fact
o Trustee
o Guardian or Conservabr
o Other:
Signer Is Representing:
Number of Pages:
VICINITY MAP
NTS
EXHIBIT "A"
10F5
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Wolf Valley - Live Oak Drive Lateral, Stage 1
Tract No. 30264-8
..~;
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EXHIBIT "A"
20F5
Wolf Valley - Live Oak Drive Lateral, Stage 2
Tract No. 30264-4
~
INDEX MAP
EXHIBIT "A"
30F5
Wolf Valley - Live Oak Drive Lateral, Stage 3
Tract No. 30264-10
~
INDEX MAP
EXHIBIT "A"
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AGREEMENT
(Tract No. 30264-5)
The RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, hereinafter called "DISTRICT", the CITY OF TEMECULA,
hereinafter called "CITY", and WOLF CREEK DEVELOPMENT, LLC, a California lirnited
liability company, hereinafter called "DEVELOPER", hereby agree as follows:
RECITALS
A. DEVELOPER has submitted for approval Tract No. 30264-5 in western
Riverside County and as a condition for approval DEVELOPER must construct a certain flood
control facility in order to provide flood protection and drainage for DEVELOPER'S planned
development; and
B. The required facility consists of. approximately 400 lineal feet of
underground concrete pipe, hereinafter called "PROJECT", as shown in concept in red on
Exhibit "A", attached hereto and made a part hereof; and
C. PROJECT connects to an existing underground stonn drain, hereinafter
called "WOLF CREEK DRIVE STAGE 2", as shown in blue on Exhibit "A", constructed and
inspected pursuant to a Joint Community Facilities Agreement between DISTRICT, CITY,
Temecula Public Financing Authority and DEVELOPER, executed October 7, 2003; and
D. WOLF CREEK DRIVE STAGE 2 has not been accepted by DISTRICT for
ownership, operation and maintenance responsibilities pursuant to the tenns and conditions of
said Joint Community Facilities Agreement; and
E. DEVELOPER and CITY desire DISTRICT to accept ownership and
responsibility for the operation and maintenance of PROJECT. Therefore, DISTRICT must
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100212_1
review and approve DEVELOPER'S plans and specifications and subsequently inspect the
construction of PROJECT; and
F. DEVELOPER and DISTRICT desire CITY to accept ownership and
responsibility for the operation and maintenance of PROJECT'S associated catch basins,
connector pipes and laterals located within CITY held easements or rights of way, hereinafter
called "APPURTENANCES". Therefore, CITY must review and approve DEVELOPER'S plans
and specifications and subsequently inspect the construction of APPURTENANCES; and
G. DISTRICT is willing to (i) review and approve DEVELOPER'S plans and
specifications for PROJECT and APPURTENANCES, (ii) inspect the construction of
PROJECT, and (iii) accept ownership and responsibility for the operation and maintenance of
PROJECT, provided DEVELOPER (i) complies with this Agreement, (ii) pays DISTRICT the
amount specified herein to cover DISTRICT'S plan review and construction inspection costs for
PROJECT, (iii) pays DISTRICT the amount specified herein to cover DISTRICT'S estimated
cost to operate and maintain PROJECT for a period of ten (10) years commencing upon
DISTRICT'S acceptance of PROJECT as complete for ownership, operation and maintenance,
(iv) constructs PROJECT and APPURTENANCES in accordance with plans and specifications
approved by DISTRICT and CITY, (v) accepts ownership and responsibility for the operation
and maintenance of PROJECT and APPURTENANCES following completion of PROJECT
construction until such time as DISTRICT accepts ownership and responsibility for the operation
and maintenance of PROJECT and WOLF CREEK DRIVE STAGE 2 and CITY accepts
ownership and responsibility for the operation and maintenance of APPURTENANCES, and (vi)
obtains all regulatory permits as set forth herein; and
H. CITY is willing to (i) review and approve DEVELOPER'S plans and
specifications for PROJECT and APPURTENANCES, (ii) accept and hold faithful performance
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and payment bonds submitted by DEVELOPER for PROJECT, (iii) grant DISTRICT the right to
inspect, operate and maintain PROJECT within CITY rights of way, and (iv) accept ownership
and responsibility for the operation and maintenance of APPURTENANCES, provided
PROJECT and APPURTENANCES are constructed in accordance with plans and specifications
approved by DISTRICT and CITY.
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION I
DEVELOPER shall:
1. Prepare plans and specifications for PROJECT and APPURTENANCES,
hereinafter called "IMPROVEMENT PLANS", in accordance with DISTRICT and CITY
standards, and submit to DISTRICT and CITY for their review and approval.
2. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic
billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by
DISTRICT to cover DISTRICT'S costs associated with the review of IMPROVEMENT PLANS
and with the processing and administration of this Agreement. .
3. Deposit. with DISTRICT (Attention: Business Office - Accounts
Receivable), at the time of providing written notice to DISTRICT of the start of PROJECT
construction as set forth in Section 1.8. the estimated cost of providing construction inspection
for PROJECT, in an amount as determined and approved by DISTRICT in accordance with
Ordinance Nos. 671 and 749 of the County of Riverside, including any amendments thereto,
based upon the bonded value of PROJECT.
4. Pay DISTRICT, at the time of providing written notice to DISTRICT of the
start of PROJECT construction as set forth in Section 1.8. herein, the one time cash sum of
$2,295.00 (two thousand two hundred ninety-five dollars), the amount agreed upon to cover
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100212_1
DISTRICT'S estimated cost to operate and maintain PROJECT for a period of ten (10) years
(Zone 7 Maintenance Trust Fund) commencing upon DISTRICT'S acceptance of PROJECT as
complete for ownership, operation and maintenance.
5. Secure, at its sole cost and expense, all necessary licenses, agreements,
permits and rights of entry as may be needed for the construction, inspection, operation and
maintenance of PROJECT. DEVELOPER shall furnish DISTRICT, at the time of providing
written notice to DISTRICT of the start of construction as set forth in Section 1.8. or not less than
twenty (20) days prior to recordation of the final maps for Tract No. 30264-5, or any phase
thereof, whichever occurs first, with sufficient evidence of DEVELOPER having secured such
necessary licenses, agreements, permits and rights of entry, as determined and approved by
DISTRICT.
6. Furnish DISTRICT with copies of all permits, approvals or agreements
required by any Federal or State resource and/or regulatory agency for the construction,
operation and maintenance of PROJECT. Such documents include but are not limited to those
issued by the U.S. Army Corps of Engineers, California Regional Water Quality Control Board,
California Department ofFish and Game, and State Water Resources Control Board.
7. Provide CITY, at the time of providing written notice to DISTRICT of the
start of construction as set forth in Section 1.8., or not less than twenty (20) days prior to
recordation of the final map for Tract No. 30264-5, whichever occurs first, with faithful
performance and payment bonds, each in the amount of 100% of the estimated cost for
construction of PROJECT as determined by DISTRICT. The surety, amount and form of the
bonds shall be subject to the approval of DISTRICT and CITY. The bonds shall remain in full
force and effect until PROJECT is accepted by DISTRICT as complete; at which time the bond
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100212_1
amount may be reduced 10% for a period of one year to guarantee against any defective work,
labor or materials.
8. Notify DISTRICT in writing (Attention - Administrative Services), at least
twenty (20) days prior to the start of construction of PROJECT. Construction shall not begin on
any element of PROJECT, for any reason whatsoever, until after DISTRICT has issued to
DEVELOPER a written Notice to Proceed authorizing DEVELOPER to initiate construction.
9. Grant DISTRICT and CITY, by execution of this Agreement, the right to
enter upon DEVELOPER'S property where necessary and convenient for the purpose of gaining
access to, and performing inspection service for, the construction of PROJECT as set forth
herein.
10. Furnish DISTRICT, at the time of providing written notice to DISTRICT of
the start of construction as set forth in Section 1.8. with a complete list of all contractors and
subcontractors to be performing work on PROJECT, including the corresponding license number
and license classification of each. At such time, DEVELOPER shall further identify in writing
its designated superintendent for PROJECT construction.
II. Furnish DISTRICT, at the time of providing written notiee to DISTRICT of
the start of construction as set forth in Section 1.8. a construction schedule which shall show the
order and dates in which DEVELOPER or DEVELOPER'S contractor proposes to carry on the
various parts of work, including estimated start and completion dates. As the construction
progresses, DEVELOPER shall update said construction schedule as requested by DISTRICT.
12. Furnish DISTRICT with the final mylar IMPROVEMENT PLANS and
assign their ownership to DISTRICT prior to the start of PROJECT construction.
13. Not permit any change to or modification of the IMPROVEMENT PLANS
without the prior written permission and consent of DISTRICT.
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14. Comply with all Cal/OSHA safety regulations including regulations
concerning confined space and maintain a safe working environment for DEVELOPER and
DISTRICT employees on the site.
IS. Furnish DISTRICT, at time of providing written notice to DISTRICT of the
start of construction as set forth in Section 1.8. herein, a confined space procedure specific to
PROJECT. The procedure shall comply with requirements contained in California Code of
Regulations, Title 8 Section 5158, Other Confined Space Operations, Section 5157, Permit
Required Confined Space and DISTRICT Confined Space Procedures, SOM-18. The procedure
shall be reviewed and approved by DISTRICT prior to the issuance of aJ'lotice to Proceed.
16. During the construction period of PROJECT, provide Workers'
Compensation Insurance in an amount required by law. A certificate of said insurance policy
shall be provided to DISTRICT and CITY at the time of providing written notice pursuant to
Section 1.8.
17. Commencing on the date notice is given pursuant to Section 1.8. and
continuing until DISTRICT accepts PROJECT as complete for ownership, operation and
maintenance:
(a) Provide and maintain or cause its contractor(s) to provide and
maintain comprehensive liability insurance coverage which shall
protect DEVELOPER from claim from damages for personal injury,
including accidental and wrongful death, as well as from claims for
property damage which may arise from DEVELOPER'S
construction of PROJECT or the performance of its obligations
hereunder, whether such construction or performance be by
DEVELOPER, by any of its contractors, subcontractors, or by
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anyone employed directly or indirectly by any of them. Such
insurance shall name DISTRICT, the County of Riverside and CITY
as additional insureds with respect to this Agreement and the
obligations of DEVELOPER hereunder. Such insurance shall
provide for limits of not less than two million dollars ($2,000,000)
per occurrence.
Cause its insurance carrier(s) or its contractor's insurance carrier(s),
who shall be authorized by the California Department of Insurance
to transact the business of insurance in the State of California, to
furnish DISTRICT, the County of Riverside and CITY at the time of
providing written notice to DISTRICT of the start of construction as
set forth in Section 1.8. with certificate(s) of insurance and
applicable policy endorsements showing that such insurance is in
full force and effect and that DISTRICT, the County of Riverside
and CITY are named as additional insureds with respect to this
Agreement and the obligations of DEVELOPER hereunder.
Further, said certificate(s) shall state that the issuing company shall
give DISTRICT, the County of Riverside and CITY sixty (60) days
written notice in the event of any cancellation, tennination, non-
renewal or reduction in coverage of the policies evidenced by the
certificate(s). In the event of any such cancellation, termination,
non-renewal or reduction in coverage, DEVELOPER shall,
forthwith, secure replacement insurance meeting the provisions of
this paragraph.
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Failure to maintain the insurance required by this paragraph shall be
deemed a material breach of this Agreement and shall authorize and constitute authority for
DISTRICT, at its sole discretion, to proceed to perform the remaining work pursuant to Section
rv.3.
18. Construct, or cause to be constructed, PROJECT and APPURTENANCES
at DEVELOPER'S sole cost and expense in accordance with DISTRICT and CITY approved
IMPROVEMENT PLANS.
19. Within two weeks of completing PROJECT construction, provide
DISTRICT with written notice (Attention: Contract Administration Section) that PROJECT
construction is substantially complete and requesting that DISTRICT conduct a final inspection
of PROJECT.
20. Accept ownership and sole responsibility for the operation and maintenance
of PROJECT and APPURTENANCES, until such time as DISTRICT accepts ownership and
responsibility for operation and maintenance of PROJECT and WOLF CREEK DRIVE STAGE
2 and CITY accepts ownership and responsibility for APPURTENANCES. Further, it is
mutually understood by the parties hereto that prior to DISTRICT acceptance of ownership and
responsibility for the operation and maintenance of PROJECT as set forth herein, PROJECT and
APPURTENANCES shall be in a satisfactorily maintained condition as solely determined by
DISTRICT.
21. Pay, if suit is brought upon this Agreement or any bond guaranteeing the
completion of PROJECT, all costs and reasonable expenses and fees, including reasonable
attorneys' fees, and acknowledge that, upon entry of judgment, all such costs, expenses and fees
shall be computed as costs and included in any judgment rendered.
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22. Upon completion of construction of PROJECT, but prior to DISTRICT
acceptance of PROJECT for ownership, operation and maintenance, DEVELOPER'S civil
engineer of record or construction civil engineer of record, duly registered in the State of
California, shall provide DISTRICT a redlined "as-built" copy of IMPROVEMENT PLANS.
After DISTRICT approval of the redlined "as-built" drawings, DEVELOPER'S engineer shall
schedule with DISTRICT a time to transfer the redlined changes onto DISTRICT'S original
mylars at DISTRICT'S office, after which the engineer shall review, stamp and sign PROJECT
plans "AS-BUILT".
SECTION II
DISTRICT shall:
1. Review and approve IMPROVEMENT PLANS prepared by DEVELOPER
prior to the start of PROJECT construction.
2. Provide CITY an opportunity to review and approve IMPROVEMENT
PLANS prior to DISTRICT'S final approval.
3. Upon execution of this Agreement, record or cause to be recorded, a copy
of this Agreement in the Official Records of the Riverside County Recorder.
4. Inspect PROJECT construction.
5. Keep an accurate accounting of all DISTRICT costs associated with the
review and approval of IMPROVEMENT PLANS and in processing and administration of this
Agreement.
6. Keep an accurate accounting of all DISTRICT construction inspection
costs, and within forty-five (45) days after DISTRICT acceptance of PROJECT as being
complete, submit a final cost statement to DEVELOPER. If the deposit, as set forth in Section
1.3. exceeds such costs, DISTRICT shall reimburse DEVELOPER the excess amount within
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sixty (60) days after DISTRICT acceptance of PROJECT as being complete. If at any time the
costs exceed the deposit or are anticipated by DISTRICT to exceed the deposit, DEVELOPER
shall pay such additional amount(s), as deemed reasonably necessary by DISTRICT to complete
the inspection of PROJECT, within thirty (30) days after receipt of billing from DISTRICT.
7. Accept ownership and responsibility for the operation and maintenance of
PROJECT upon (i) DISTRICT acceptance of PROJECT construction as being complete, (ii)
DISTRICT acceptance of WOLF CREEK DRIVE STAGE 2, and (iii) acceptance by CITY of all
necessary right of way as deemed necessary by DISTRICT and CITY for the operation and
maintenance of PROJECT and APPURTENANCES.
8. Provide CITY with a reproducible duplicate copy of "as-built"
IMPROVEMENT PLANS upon DISTRICT acceptance of PROJECT as being complete.
SECTION III
CITY shall:
1. Review and approve IMPROVEMENT PLANS prior to the start of
PROJECT construction.
2. Accept the CITY and DISTRICT approved faithful perfonnance and
payment bonds submitted by DEVELOPER as set forth in Section 1.7. and hold said bonds as
provided herein.
3. Grant DISTRICT, by execution of this Agreement, the right to construct,
inspect, operate and maintain PROJECT within CITY rights of way as set forth herein.
4. Upon DISTRICT acceptance of PROJECT as being complete, accept
ownership and responsibility for the operation and maintenance of APPURTENANCES.
SECTION IV
It is further mutually agreed:
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1. All work involved with PROJECT shall be inspected by DISTRICT and
shall not be deemed complete until approved and accepted in writing as complete by DISTRICT.
2. CITY and DEVELOPER personnel may observe and inspect all work being
done on PROJECT, but shall provide any comments to DISTRICT personnel who shall be solely
responsible for all quality control communications with the DEVELOPER'S contractor(s) during
the construction of PROJECT.
3. DEVELOPER shall complete construction of PROJECT within twelve (12)
consecutive months after execution of this Agreement and within thirty (30) consecutive
calendar days after commencing work on PROJECT. It is expressly understood that since time is
of the essence in this Agreement, failure of DEVELOPER 10 perform the work within the agreed
upon time shall constitute authority for DISTRICT to perform the remaining work and require
DEVELOPER'S surety to pay to CITY the penal sum of any and all bonds. In which case, CITY
shall subsequently reimburse DISTRICT for DISTRICT costs incurred.
4. DEVELOPER and DISTRICT, knowingly and voluntarily, waive the
provisions of Government Code Section 65913.8, relating to fees and charges. Such waiver is
accomplished with the understanding that DISTRICT is voluntarily undertaking the obligation to
accept ownership and responsibility for the operation and maintenance of PROJECT, and
DEVELOPER is not required by DISTRICT to enter into this Agreement.
5. DISTRICT shall endeavor to issue DEVELOPER a Notice to Proceed
within twenty (20) days of receipt of DEVELOPER'S complete written notice as set forth in
Section 1.8.; however, DISTRICT'S construction inspection staff is limited and, therefore, the
issuance of a Notice to Proceed is subject to staff availability.
In the event DEVELOPER wishes to expedite issuance of a Notice to
Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at
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DEVELOPER'S sole cost and expense. DEVELOPER shall furnish appropriate documentation
of the individual's credentials and experience to DISTRICT for review and, if appropriate,
approval. DISTRICT shall review the individual's qualifications and experience and, upon
approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be
authorized to act on DISTRICT'S behalf on all PROJECT construction and quality control
matters. If DEVELOPER'S initial construction inspection deposit furnished pursuant to Section
1.3. exceeds five thousand dollars ($5,000.00), DISTRICT shall refund to DEVELOPER up to
eighty percent (80%) of DEVELOPER'S initial inspection deposit within forty-five (45) days of
DISTRICT'S approval of DEPUTY INSPECTOR; however, a minimum balance of five
thousand dollars ($5,000.00) shall be retained on account.
6. PROJECT construction work shall be on a five (5) day, forty (40) hour
work week with no work on Saturdays, Sundays or DISTRICT designated legal holidays, unless
otherwise approved in writing by DISTRICT. If DEVELOPER feels it is necessary to work
more than the normal forty (40) hour work week or on holidays, DEVELOPER shall make a
written request for permission from DISTRICT to work the additional hours. The request shall
be submitted to DISTRICT at least 72 hours prior to the requested additional work hours and
state the reasons for the overtime and the specific time frames required. The decision of granting
permission for overtime work shall be made by DISTRICT at its sole discretion and shall be
final. If permission is granted by DISTRICT, DEVELOPER will be charged the costincurred at
the overtime rates for additional inspection time required in connection with the overtime work
in accordance with Ordinance Nos. 671 and 749, including any amendments thereto, of the
County of Riverside.
7. In the event that any claim or legal action is brought against DISTRICT or
CITY in connection with this Agreement because of the actual or alleged acts or omissions by
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DEVELOPER, including but not limited to design, construction or failure of PROJECT,
DEVELOPER shall defend, indemnify and hold DISTRICT and CITY harmless therefrom,
without cost to DISTRICT or CITY. Upon DEVELOPER'S failure to do so, DISTRICT and
CITY shall be entitled to recover from DEVELOPER all of their cost and expenses, including,
but not limited to, reasonable attorneys' fees.
8. DEVELOPER shall defend, indemnify and hold DISTRICT and CITY,
their respective officers, agents, employees and independent contractors free and harmless from
any claim or legal action whatsoever, based or asserted, pursuant to Article I, Section 19 of the
California Constitution, the Fifth Amendment of the United States Constitution, or any other law
or ordinance which seeks to impose any other liability or damage caused by from the diversion
of the waters from the natural drainage patterns, save and except claims and litigation arising
through the negligence or willful misconduct of DISTRICT or CITY, which claims shall be
shared by the parties on a pro rata basis based on their respective responsibilities. DEVELOPER
shall defend DISTRICT and CITY without cost to DISTRICT or CITY, and upon
DEVELOPER'S failure to do so, DISTRICT and CITY shall be entitled to recover from
DEVELOPER all of their costs and expenditures, including, but not limited to, reasonable
attorneys' fees.
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contained herein shall constitute a release by DEVELOPER of DISTRICT or CITY, their
officers, agents and employees from any and all claims, demands, actions or suits of any kind
arising out of any liability, known or unknown, present or future, for the negligent maintenance
of PROJECT and APPURTENANCES, after the acceptance of PROJECT and
APPURTENANCES by DISTRICT and CITY.
10. Any waiver by DISTRICT or by CITY of any breach of anyone or more of
the terms of this Agreement shall not be construed to be a waiver of any subsequent or other
breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to
require exact, full and complete compliance with any terms of this Agreement shall not be
construed as in any manner changing the terms hereof, or estopping DISTRICT or CITY from
enforcement hereof.
11. If any provision in this Agreement (with the exception of Section IV.4.) is
held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining
provisions will nevertheless continue in full force without being impaired or invalidated in any
way. Should it be held by a court of competent jurisdiction that any portion of Section IVA. is
invalid, void, or unenforceable, the provisions of Government Code 65913.8(b) shall apply. It
shall, therefore, be determined that this fee is extended for a period of ten years, commencing
upon DISTRICT'S acceptance of PROJECT for ownership, operation and maintenance.
12. This Agreement is to be construed in accordance with the laws of the State
of California.
13. Any and all notices sent or required to be sent to the parties of this
Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
CITY OF TEMECULA
Post Office Box 9033
Temecula, CA 92589-9033
Attn: William G. Hughes
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100212_1
1 WOLF CREEK DEVELOPMENT, LLC
255 E. Rincon Street, Suite 200
2 Corona, CA 92879
Attn: Adam Smith
14. Any action at law or in equity brought by any of the parties hereto for the
purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of
competent jurisdiction in the County of Riverside, State of California, and the parties hereto
waive all provisions of law providing for a change of venue in such proceedings to any other
county .
15. This Agreement is the result of negotiations between the parties hereto, and
the advice and assistance of their respective counsel. The fact that this Agreement was prepared
as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty
or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT
prepared this Agreement in its final form.
16. The rights and obligations of DEVELOPER shall inure to and be binding
upon all heirs, successors and assignees.
17. DEVELOPER shall not assign or otherwise transfer any of its rights, duties
or obligations hereunder to any person or entity without the written consent of the other parties
hereto being first obtained. In the event of any such transfer or assignment, DEVELOPER
expressly understands and agrees that it shall remain liable with respect to any and all of the
obligations and duties contained in this Agreement.
18. The individual(s) executing this Agreement on behalf of DEVELOPER
hereby certify that they have the authority within their respective company(ies) to enter into and
execute this Agreement, and have been authorized to do so by any and all boards of directors,
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legal counsel, and or any other board, committee or other entity within their respective
company(ies) which have the authority to authorize or deny entering this Agreement.
19. This Agreement is intended by the parties hereto as a fmal expression of
their understanding with respect to the subject matter hereof and as a complete and exclusive
statement of the terms and conditions thereof and supersedes any and all prior and
contemporaneous agreements and understandings, oral or written, in connection therewith. This
Agreement may be changed or modified only upon the written consent of the parties hereto.
II
II
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100212_'
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
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(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
By
WARREN D. WILLIAMS
General Manager-Chief Engineer
APPROVED AS TO FORM:
JOE S. RANK
County Counsel
By L(U.. J\.~\~~
LEE A. VINOCOUR
Deputy County Counsel
Dated
RECOMME~ED Iii. APPR~V AL:
By t1J ~ j/lA-
WILLIAM G. HUGHES
Director of Public Works
APP~RM:
By ~
P R M. THORSON
City Attorney
Cooperative Agreement Tract No. 30264-5
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
MARION ASHLEY, Chairman
Riverside County Flood Control and Water
Conservation District Board of Supervisors
A TIEST:
NANCY ROMERO
Clerk of the Board
By
Deputy
(SEAL)
CITY OF TEMECULA
By
JEFF COMERCHERO
Mayor
ATIEST:
By
SUSAN W. JONES, CMC/AAE
City Clerk
(SEAL)
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Cooperative Agreement: Tract No. 30264-5
AAM:seb
07/13/2005
100212_1
WOLF CREEK DEVELOPMENT, LLC
a California limited liability company
By: Standard Pacific Corp.
a Delaware corpor . n
Its Managing be
ICHAEL J. WHITE
Vice President - Pro'
anagement
(NOTARY)
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CALIFORNIA ALL.pURPOSE ACKNOWLEOGEMENT
County of
Riverside
}
SS.
State of Califomia
On
July 15, 2005
Date
before me,
Lilia Reyes-Torre, Notary Public
Name and Title of Officer
personally appeared Michael J. White
o personally known to me
o proved to me on the basis of satisfactory
evidence
J@--- - :=~T::~: - ~
. NoIary PublIc - California f
RtI._ County -
My Conm. ExpI* Apl19. 2009
to be the personlel whose name!Gl- Is/.....
subscribed to the within instrument and
acknowledged to me that he/.hellhe) executed
the same in his.''''cr/thair authorized
capacity~, and that by his!-Aerfthoir
signatura!el' on the instrument the personleT. or
the entity upon behalf of which the person~
acted, executed the instrument.
WITNESS my hand and official seal.
--.-.----.........-..-.-..--------..OPTIONAL.--..-.....-.-..............-.-...............-........
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tille or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer- Tille(s): Authorized Rep.
o Partner - ? Limited ? General
o Attomey-in-Fact
o Trustee
o Guardian or ConservalDr
o Other:
RIGHT THU[,16PRINT
OF SIGNER
Signer Is Representing:
AAalSlDE co.
SAH DIEGO Co.
VICINITY MAP
NTS
"
.~
i
EXHIBIT "A"
lOF3
. S ORII DRAIN
WOlF alEEK DRIVE SOUTH
STORII DRAIN -STAGE II
lRACT 29305
'"
~
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INDEX MAP
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EXHIBIT "A" ..
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EXHIBIT "A"
30F3
ITEM 9
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
DATE:
City Manager/City Council
~William G. Hughes, Director of Public Works/City Engineer
August9,2005
TO:
FROM:
SUBJECT:
Tract Map Nos. 30264-14,-15 & -F, Located East of Pechanga Parkway,
South of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR
PREPARED BY:
Ronald J. Parks, Deputy Director of Public Works
Chris White, Assistant Engineer
RECOMMENDATION: That the City Council approve 1) Final Tract Map Nos. 30264.14,-15 &
-F in conformance with the Conditions of Approval 2) Subdivision Improvement Agreements 3)
Subdivision Monument Agreements and accept the Faithful Performance Bonds, Labor and Material
Bonds and Monument Bonds as security for the agreements.
BACKGROUND: Tract Map Nos. 30264-14,-15 & -F are located within Tract 29305 of
the Wolf Creek Specific Plan No. 12. As part of Specific Plan, Tract Map Nos. 30264-14,-15 &-F
are subject to all Specific Plan Amendments and Agreements.
On January 23,2001 the City Council approved Tentative Tract Map 29305, on March 22, 2005 the
City Council approved Final Map 29305. On October 2, 2002 they approved Tentative Tract Map
30264 with the accompany phasing plan and their conditions of approval which is a further
subdivision of Tract 29305.
Tract Map No. 30264-14 is a seventeen (17) single family residential lot tract. The tract is located
North of Wolf Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is
currently vacant.
Tract Map No. 30264-15 is a nineteen (19) single family residential lot tract. The tract is located
North of Wolf Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is
currently vacant.
Tract Map No. 30264-F is a twenty (20) single family residential lot tract. The tract is located North of
Wolf Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is currently
vacant.
r:\agdrptI04/tm29798,-1,-2..map
The owners of the property:
Wolf Creek Development, LLC, A Califomia Limited Liability Company has met all of the Conditions
of Approval. These final maps are in conformance with the approved tentative tract map and
phasing plan. The approval of a final subdivision map, which substantially complies with the
approved tentative map, is a mandatory ministerial act under State Law.
The following fees have been deferred for Tract Map Nos. 30264-14, -15 & -F:
Development Impact Fee due prior to issuance of building permit.
FISCAL IMPACT: None
ATTACHMENTS:
1. Development Fee Checklists
2. Fees & Securities Reports
3. Project Vicinity Maps
4. Tract Map Nos. 30264-14, -15 &-f
2
r:\agdrptI04/tm2979S,-1,-2,.map
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. TM 30264-14
The following fees were reviewed by Staff relative to their applicability to this project.
FEE
CONDITIONS OF APPROVAL
Flood Control (ADP)
N/A
Quimby Fees
N/A
Development Impact Fee
To be paid prior to issuance of a building
permit
3
r:\agdrptI04/tm29798,-1,-2,.map
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
TRACT MAP NO. 30264-14 DATE: Auaust 9, 2005
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
Street and Drainage $ 53,500 $ 27,000
Water $ 20,000 $ 10,000
Sewer $ 23,000 $ 11,500
TOTAL $ 96,500 $ 48,500
Monument $ 5,100 -
DEVELOPMENT FEES
City Traffic Signing and Striping Costs $ 0.00
RCFCD (ADP) Fee $ N/A
Development Impact Fee $ 0.00
SERVICE FEES
Planning Fee $ 561.00
TCSD Fee $ 975.00
Fire Fee $ 205.00
Plan Check Fee $ 4,386.00
Monument Inspection Fee $ 274.00
Fees Paid to Date $ 6,401.00
Balance of Fees Due $ 0.00
4
r:\agdrpfi04/tm29798,-1,-2..map
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. TM 30264-15
The following fees were reviewed by Staff relative to their applicability to this project.
FEE
CONDITIONS OF APPROVAL
Flood Control (ADP)
N/A
Quimby Fees
N/A
Development Impact Fee
To be paid prior to issuance of a building
permit
5
r:\agdrptI04/tm29798,-1,-2,.map
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
TRACT MAP NO. 30264-15 DATE: AUQust9,2005
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
Street and Drainage $ 63,500 $ 32,000
Water $ 23,500 $ 12,000
Sewer $ 30,000 $ 15,000
TOTAL $ 117,000 $ 59,000
Monument $ 5,700 -
DEVELOPMENT FEES
City Traffic Signing and Striping Costs $ 0.00
RCFCD (ADP) Fee $ N/A
Development Impact Fee $ 0.00
SERVICE FEES
Planning Fee $ 561.00
TCSD Fee $ 975.00
Fire Fee $ 205.00
Plan Check Fee $ 4,486.00
Monument Inspection Fee $ 285.00
Fees Paid to Date $ 6,512.00
Balance of Fees Due $ 0.00
6
r:\agdrpt\04/tm29798.-1.-2..map
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. TM 30264-F
The following fees were reviewed by Staff relative to their applicability to this project.
FEE
CONDITIONS OF APPROVAL
Flood Control (ADP)
N/A
Quimby Fees
N/A
Development Impact Fee
To be paid prior to issuance of a building
permit
7
r:lagdrptI04/tm29798,-1,-2..map
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
TRACT MAP NO. 30264-F DATE: Auaust 9, 2005
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
Street and Drainage $ 65,500 $ 33,000
Water $ 26,500 $ 13,500
Sewer $ 27,000 $ 13,500
TOTAL $ 119,000 $ 60,000
Monument $ 6,000 -
DEVELOPMENT FEES
City Traffic Signing and Striping Costs $ 0.00
RCFCD (ADP) Fee $ N/A
Development Impact Fee $ 0.00
SERVICE FEES
Planning Fee $ 561.00
TCSD Fee $ 975.00
Fire Fee $ 205.00
Plan Check Fee $ 4,536.00
Monument Inspection Fee $ 300.00
Fees Paid to Date $ 6,577.00
Balance of Fees Due $ 0.00
8
r:\agdrptI04/tm29798,-1,-2,.map
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IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 3 OF 5 SHEETS
HALl. 6: FClREWAN. !He.
DECDlBER 2004
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TRACT No. 30264-14
BEING ~ SUBDI'IlSlOO or LOT 7 OF TRAGT NO. 29305 ~S SHO\l<N BY 1oI,tJ> ON FILE
IN BOOK 378, P~GES 38 THROUGH 04-8, INClUSlIIE, OF ~,tJ>S, RECORDS OF RIIlERSlOE COUNTY, CALJFO<lNI~
ENGINEERS NOTES
. INDlC~TES FOUND ~ONUl.lt:NT ~S NOTED.
. INDlC~TES I' I.P. iIIll1 TAe R.C.E. 20508. FLUSH TO BE SET
PER TR.NO. 29305-1,101.8. 350/65-78.
D INOIC~TES l"I.P, I'IIIl1 TAe R,C-E. 20508, FlUSH TO BE SET
PER TR,NO. 29305,1oI.B. 37B/36-4B_
. INOIC~TES 1" loP, NTH TAG R.C.E. 20508, FlUstj TO BE SET
PER TR. NO. 30264-5, IoI,B. ---1_-_
. INOIC~TES SET I' I.P. 'M11" TAG R.C-E. 20508, FLUSH
ROtJNOARY SlJRvtY MAP
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5EE SHa:T2 FOR BASIS OFBEAAINGS,
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(Rl) INDIC~TES RECORO AND I.IE~SUREO D~T~ PER TR. ". 2B305-1.
1oI.B.J.50/S5-7B
(R2) INOIC~TES RECORD AND IoIE~SURED DATA PER TR. ". 29305.
1,1.8. 37B/36-4B
(R3) INDIC~TES RECOAD AND ~EASURED O~TA PER TR. " 30264-S,
~.B. ---I_-~
(R4) INDIC~TES RECORD ~NO IoIE~S\JREO OAT~ PER TIl. ". 30264-10.
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1oI0N.j AT LOT CORNEAS AND ANGLE POINTS IN lOT UNES,
UNLESS OTHEfI'MSE NOTED.
SHNAllANOTAGR.C.E.20S0BINTOPOFC\JRB
ON THE PROl.ONG~nON OF THE SIDE LOT UNES
ANOEC.'S.o.NOBC.'SPRQ"ECTEDPERPENOICULAR
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AI.L ~ONUlolENTS SHOvm "SEr SHALl. BE SET IN
~CCOROANCE NTH THE IoIONUIoIENTAnON ~GAEE/,lENT
fOR THIS 1oI.o.P,UNLESS OTHEfI\\1SENOTED.
AI.L ~ONUIoIENTS sa ffIl RIIlERSIDE COUNTY
OROIN.o.NCE4BU
ORAINAGEEASEAlENTSSH"llBEKEPTfREE
OFBUILDINGS.o.NOCIBSTIlUCTlOOS
THISIoI,tJ> CDNTAlNS 4.B7 ACRES GROSS
THIS IoIAP CDNTAlNS 4.12 ~CRES NET
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OEcalBER 2004
SHEET 4 OF 5 SHEETS
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IN THE CITY OF TEMECUlA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT No. 30264-14
B8NGASU8DIVlSlONOfLDT7lfmACTNo.29JO.sAS~O\lNBY...v>ONflLE
INBOOKJ7B,PAGESJlITHROUGl14B,INCl.USlVE.Oft.lAPS,RECORDSOFRIVERSlDECOUNTY,CAUfORNIA.
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SHEET 5 OF 5 SHEETS
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IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT No. 30264-14
eEINGAS\JeOl"'SION~lOT7~TRACTNO.29305ASSHO\\tlBYMN"ONF1LE
INB00l(37a.PAGES.16111ROUGll...a,INCLUSlVE.0l'IolAPS,RECOROS~RIVERSlDECOUNTY.C...ufORNIA.
Sff SHEET 2 fOIl BASIS CE BEAAINCS
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ENVIRONMENTAL CONSTRAINT SHEET
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SHEET 1 OF 1 SHEETS
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TRACT No. 30264-14
OClNG A SU8Ol'<1S1Cl:' Of" lOT 7 orTFl....CTNO. 29:JOS...SSl-IO\\tl BY NAP ON FIL..E
IN800KJ78.P",G(SJ.6THROlJGH4!I.INCLUSI~or!l.oJ>S.RECOflD50fRI\oUtSIOECOUNTY.CAUfOllNI....
HAU. a: FOREMAN, 1Ne.
OECENSER 2004
FNVlRON'-AfNTAI r:ON<;mAINT NOTFe;.
1. THIS PROPERTY IS LOCATED W11HIN THIRTY(JO) NILES OF hlDUNT PAl.OUAR OBSERVATORY,
"'-LPROPOSED OUTDOOR UGHTlNC SYSTEt.lS SIV.U. COUf'L'r' i\'ITH THEc.o.urORNIA INSTITUTE
OfTECi'lNOlOGY.P......OllAROOSERVATCRYRFJ,iOt.lt.lENDAnON5,OROIN,\,NCENo.6S5
2. THE WCiI.F CREEK ENVlRONt.lENTAL INPACT REPORT (EIR) W"'S PREPARED fOR THIS PRo..€Cr
-'NO IS ON flLE AT TliE aTY Of' TEt.lECIJ~ cot.llllUNITY DEIlELOPlolENT DEPARTMENT-
ROlJNf)ARY SlJRVFY MAP
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loI.oJ> SHEET IS fOR INfCRt.lATlON PURPOSES DESCRIBING CONDITIONS
AS or THE O"'TE OF flUNG,.'.NO IS NOT INTENDED TO MTECT
RECCRO TITLE INTEREsr. THIS INF"CRIoI...TION IS DERIIlEO fROlol
PUBUC RECOROS OR FlEPORTS,ANO OOES NOTIt.lPlY THE
CCRRECTNESSOf'lSUF'fICIENCYQFTHOSl:RECORDSORREPORTS
BY THE PREPAIlER OF THISIolAP SHEET.
SEE SHEET ZF"OR B...S1S OF" BEARINGS.
Iol...P LAYOUT SHEET "'NO '>10NITY IolAP
BASIS OF BEARINGS
THE B"'S1S Of BE...RINGS F"OR TI1IS IlIAP IS THE COlTERUNEOF
WOl.fVAllEYROADSHOWN...SNS1'S9'ZJ"E...SSHOIINl;tl...
IlI...PRECORDEtI IN BOOK ZZOP"'GES 40 THROUGH 56.
INCLUSIVE OF".....PS. RECORDS OF" THE CO\.II'lTY OF" RIVERSlOE.
ST...TEOfCAUF"ORNI....
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SHEET 1 OF 1 SHEETS
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TRACT No. 30264-15
BEING A SUBDI>,\SlON CELOT8OFTR.o.CTNO. 29305 ASSl-KlMl BYIllAP ON FlLE IN
BOOK3711,PAGESJ6THROUGll4B,I~LUSI\oE.CEt.lAPS.RECOROSOF"RI\lERSlDECOUNTY.CAUFORHI""
HALL .. FOREWAN, INe.
DECDlBER 2004
FNVlRONMFNTAI CON!>TRAINT NOlFS'
1. THIS PRQPERTYIS LOCATU!-MrnIN THIRTY (JO) r.lILESOflllOUNTP"'l<WAR OBSERV....1ORY.
ALLPROPOSEDOUTOOORUGHTlNGSYSTEIolSSHALl.COMPLY'MlHYHECAUFORNIAINSTllUTE
OFTECHNOlOGY.PAL()l,(AROBSERV",TQRYREWO".".ENOAllONS,OROlNANCENo.655
2. THE WOJ CREEK EN\jlROOlllENTAL IIllPACT REPORT (EIR) 'liAS PREPARED FOR THIS PROJECT
AND IS ON FlLE...TTHE CITY OF TEMEClIL.... COIoIIoIUNITYOEIJELOP"ENTDEPARTlll[NT-
AOlJNDARY SlJRVFY MAP
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HAll. . FORDIAH. INC.
DECEIIIlER 2004
ENGINEERS NOTES
. IN~C""TES FOUND MONVWENT AS NOTED.
. INDICI<TES10I.P. 'MTH TAG RC.E. 205OB. FLUSH TO BE SET
PER TR. NO. 29305-1. Iol.B. J50/65---76.
[] INDICATES1"I.P.'MTH1AGRC.E.205OlI.FlUSHlOBESET
PER TR. NO. 29JO:l. M,B. 37Bj36-4A
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. INDICATES SET l' I.P. 'MTH TAG R.C.E. 20508, FLUSH
ROUNnARY SIIRVFY MAP
SEE SHEET 2 fOR BASIS OF" BEARINGS,
MAP LAYOUT SHEET AND ..,ONITY MAP.
(I'll) INO~ATES RECORD AND IoiEASUREO OA1A PER TR. " 29305-1,
M.B.JSO/65---78.
(R2) lNDlCATES RECORD AND IoiEASUREDDATA PER TR. NO. 29305.
M.B.378j38-411.
(R3) INDICATES RECORD AND MEASURED DATA PER TR. " 30264-5.
Ioi.B._/_-_
(R") INDICAns RECORD ANO IoiEASURED DATA PER TR. ". 30264-14.
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UNLESS OTHER'MSE NOTED.
SETN...... AND TAG R.C.E. 205DBIN TOP OFC\JRlI
ONn;[PROlONGATIONOfTHESlDELOTUN(S
AND E.C.'S AND B.C.'sPROJEClEO PERPENOICUlAR
ORRADrALFRONPRCPERTYUNE.(RI\oERSlOE:
COUNTY STD. TYPE "E")
ALL IoiONUNENTS SHO'M< "SET'SHALL9ESETIN
ACCOfIDANCE'MTHTHElolONUIoiENll<TlONAGREENENT
FOR lHlslolAP. UNLESS OTHER'MSE NOTED.
ALL IolONUIoiENTS SET PER RIVERSIDE COUNTY
OROINANCE461.9.
DRAlNAGEEASO.lENTS SI-lALLBE KEPT FREE
OF BUILOlNGsANOoeSTRUCTIONS
THIS IoiAP CON1AINS 5.59 ACRES GROSS
THIS IoiAP CONTAINS 4.68 ACRES NET
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TRACT No. 30264-15
BElI'IG ASUBDlVlSlOl4 OFlOTSOFTR"'CTI'IO. 2930i>"'SSHO'IIN BYWAP ON FlLEIN
BOOK ~7S, PAGESJ6 THROUGH 4S.II'ICLUSI~,lJ't.I,tJ>S.RECQROS OFRI~RSlOE COUNTY, CAUFQRNI....
SEE SHEET 2 fM BASIS tJ" (EARINGS
SEE SHEET 3 FllIl BOONOARYSURVEY
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TRACT No. 30264
BEING A SUB!ll\llSiON fT LOT 9 Of TRACTND. 29J05 AS SHO\\tl BYIIIAP ON FILE IN
B()()l( 378, PAGES 36 THROUGH ~8, INCLUSiVE:. Cf' liAF'S. RECORDS Cf' RIVERSIDE COUNTY, CAUFORNIA.
HALL . FClRElIAN. INC.
D<CEJjB[R 2004
nIVlRONt.AFNTAI r:ON!'iTRAINT NOTF!,;'
l.THlSPRQPERTYISLOCATED'MTHINlHIRTY(30)loIILESQfr.lQUNTPA!.(lI,lAROBSERVATQRY.
All PROPOSED OUlDOOR UGHTlNG SYSTtlolS SJ.1AU COlolPLY 'MlH THE CAUfORNIA INSTITUTE
OF" TECHNO!..OGY, PALOl.lAR OBSERVATORYREW(lI,lWENDATlONS. ORllINANCE No. 655
2. THE WCU" CREEK ENIoIRON"'ENTAL It.lPACT REPORT (EIR) WAS PREPARED fOR THIS PROJECT
AND IS ON FLE AT THE CTYIX lrr.IECUU. COMWUNllYDEIoUOPIolENTOE:PAR1IolEJH-
AOlJNOARY SlJRVFY MAP
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THEEN\IlRONIoIENTAl.CONS1RAINTINFORWATlONSHOVoNQNTHIS
WAP SHEET IS FOR INfORW...T10N PURPOSES rn:SCRIBING CONOIllONS
AS Of' THE DATE: OFFlUNO, AND IS NDl IN1WOEO TOA.F'FECT
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CQRRECTNESSDRSUFFlClENCYOFlHOSERECOROSDRREPDRTS
BY lHE PREPARER or lHlShlW' SHEET.
SEE SHEET 2 FOR B.>.sIS OF BEARINGS.
IIlAP LAYOUT SHEET ANO ~CINITY IolAP.
BASlS OF BEARINGS
lHE9AS1SOFBEARINGSFa:lTHISIlIW'ISlHECENlERLlNEOF
WOlFYALLEYROAOSl-iOVltl"'SN:W59'23"EASSHOWNQN ...
IlIW'RECORDEO IN BOC* 220P"'GES.wlHROUGHS6,
INQUSlVEOFIlI...PS,RECOROSorTHECOUNlYOfRI>UlSlOE,
STAlE OF C...UFORN1....
TR 30284--16
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ITEM 1 0
ORDINANCE NO. 05-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF TEMECULA AND AMENDING
PORTIONS OF TITLE 17 OF THE TEMECULA
MUNICIPAL CODE TO ACHIEVE CONSISTENCY WITH
THE PROVISIONS AND REQUIREMENTS OF THE
UPDATED CITY GENERAL PLAN (PADS-DOSS)
WHEREAS, Section 65800 of the Government Code provides for the adoption and
administration of zoning laws, ordinances, rules and regulations by cities to implement such
general plans as may be in effect in any such city;
WHEREAS, the City of Temecula has undergone an extensive process of
comprehensively updating the City General Plan;
WHEREAS, the City Council for the City of Temecula approved a comprehensive update
to the City General Plan on April 12, 2005;
WHEREAS, the City of Temecula desires to ensure that the City Zoning Map and
Municipal Code are consistent with the updated General Plan;
WHEREAS, the Planning Commission held a duly noticed public hearing on May 4,
2005, and recommended that the City Council approve these amendments to the Official Zoning
Map and Municipal Code;
WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula
Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and,
WHEREAS, the City Council has held a duly noticed public hearing on May 24, 2005 to
consider the proposed amendments to the Official Zoning Map and Municipal Code.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City ofTemecula hereby amends Table 17.02.010 to
add the following zones into the Zoning Districts Established table:
Zoning District Description
Rural residential
Tribal trust
District Abbreviation
RR
TT
Code Chapter
17.06
17.13
R:/Ords 2005/0rds 05-07
Section 2. The City Council of the City of Temecula hereby replaces Table 17.02.020
with the following:
Table 17.02.020
Consistency Between the General Plan and the Zoning Districts
General Plan Land Use Designation Zoning District
Hillside residential Hillside residential (HR)
Rural residential Rural residential (RR)
Very low density residential Very low density residential (VL)
Low density residential Low density residential (L -1 )
Low density residential (L-2)
Low medium density residential Low medium density residential (LM)
Medium density residential Medium density residential (M)
High density residential High density residential (H)
Neighborhood commercial Neighborhood commercial (NC)
Community commercial Community commercial (CC)
Highway/tourist commercial Highway/tourist commercial (HT)
Service commercial Service commercial (SC)
Professional office Professional office (PO)
Industrial park Business park (BP)
Light industrial (L1)
Public/institutional Public Institutional (PI)
Tribal trust lands Tribal trust (TT)
Open space (OS)
Open spacelrecreation Public park and recreation (PR)
Conservation (OS-C)
Specific Plan (SP.X)
These special Zoning Districts may be Planned Development Overlay (PDO-X)
used to represent any combination of Village Center Plan (VC-X)
General Plan Land Use Designations:
Floodplain Overlay District (FP)
Section 3. The City Council of the City of Temecula hereby amends Subsection
17.03.060.B.1 by adding the following sentence to the end of the Subsection:
"Encroachments into the required yard areas that are not normally allowed within the HR
and RR Zones may be allowed up to the maximum encroachment identified in Table
17.06.050.B."
R:/Ords 2005/0rds 05-07
2
Section 4. The City Council of the City of Temecula hereby amends Chapter 17.06 by
making the following changes.
A. Section 17.06.020 is hereby amended by adding a new subsection "B",
and the renumbering of the subsequent subsections, to read as follows:
"Rural Residential (RR). The rural residential zoning district is intended to provide for
the development of single-family detached home on large lots with a distinct rural
character. Some of these areas may include severe constraints for development, such
as hillside areas with slopes over twenty-five percent. Typical lot sizes in the RR district
are 5 acres and larger."
B. Table 17.06.030 is hereby amended as depicted in Exhibit "A".
C. Table 17.06.040 is hereby amended as depicted in Exhibit "B".
D. Amend Subsection 17.06.050.D.2 to include the reference to the "RR"
between "HR" and "VL".
E. Amend Subsection 17.06.050.0.4 to read as follows:
"Setbacks. Setback requirements and the placement of accessory structures in the required
yards for the VL, L-1, L-2, LM, M, and H Zones are set forth in Table 17.06.050A, Accessory
Structures Setbacks. In the HR and RR Zones, no accessory structures are allowed within the
required yards."
F. Amend the title for Table 17.06.050A to read as follows: "Accessory
Structure Setbacks for the VL, L-1, L-2, LM, M, and H Zoning Districts."
G. Amend Subsection 17.06.050.F to read as follows:
"Maximum Encroachments into Yard Areas. The items indicated in Table 17.06.050B,
Maximum Encroachments into the Required Yard Areas, for the VL, L-1, L-2, LM, M, and H
Zones may encroach into the required yards subject to the conditions placed upon those items
by the table. In the HR and RR Zones, no encroachments are allowed into the required yards."
H. Amend the title for Table 17.06.050B to read as follows: "Maximum
Encroachments into Required Yard Areas for the VL, L-1, L-2, LM, M, and H Zoning Districts"
Section 5. The City Council of the City of Temecula hereby adopts Chapter 17.13 to
read as follows:
"CHAPTER 17.13
TRIBAL TRUST DISTRICT
SECTIONS:
17.13.010
17.13.020
Purpose and intent.
Tribal trust lands district.
R:/Ords 200S/0rds 05-07
3
17.13.010
PURPOSE AND INTENT.
The tribal trust district is intended to recognize federal tribal trust status of lands within
the City of Temecula.
17.13.020
TRIBAL TRUST LANDS DISTRICT.
The city exercises no development or zoning control over properties designated as tribal
trust lands in the general plan. These properties are under the sole jurisdiction and
control of the Pechanga Band of Luiselio Indians."
Section 6. The City Council of the City of T emecula hereby amends Chapter 17.14 by
adding the following land use listing to Table 17.14.030:
Schedule of Uses
Golf course resort (including accessory visitor supporting
accommodations and commercial uses such as hotels,
fractional ownership units, day spa, restaurants, and
conference center.)
PR
C
OS OS.C
Section 7. The City Council of the City of Temecula hereby amends the Official Zoning
Map for the City of Temecula to reflect the changes to the Updated General Plan as contained
in Exhibit "C", except that no changes were made to the property identified with Assessor's
Parcel Number 919.340-004.
Section 8. Council Member Roberts and Council Member Washington did not
participate in the public hearing and Council discussion of changes to the Official Zoning Map in
within the Meadowview Community. Both own homes within the Meadowview Community and
both are part owners of open space properties under the control of the Meadowview
Homeowners Association. Based on this conflict of interest, Mayor pro tem Roberts and
Council Member Washington each hereby abstain from the approval of the amendments to the
Official Zoning Map for areas within the Meadowview Community.
Section 9. Severabilitv. 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 10. Mayor Pro Tem Roberts and Council Member Washington did not
participate in the discussions, considerations or vote concerning zoning and General Plan Land
Use designations in the Meadowview Tract as each owns a home in the Meadowview Tract.
Section 11. Environmental Compliance. The Final Environmental Impact Report for the
Update of the General Plan and related amendments to the Development Code was certified on
April 12, 2005. The City Council hereby makes the following findings: (1) that this Ordinance is
part of the consistency re-zoning process was included in the project assessed by the
environmental impact report for the General Plan Update, and (2) that since the Certification of
the EIR, there have been no changes in circumstances or setting that would require the
preparation of an addendum, subsequent or supplement to an EIR As a result, the City Council
R:/Ords 2005/0rds 05-07
4
hereby finds that this Ordinance is exempt from further environmental review because it is
included as part of a project for which an environmental impact report was prepared.
Section 12. 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 this _ day of July, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05-07 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 26th day of July, 2005 and that thereafter, said
Ordinance was duly adopted and passed at a meeting of the City Council on the th day of
, 2005, by the following vote:
AYES:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSTAIN:
Susan W. Jones, CMC
City Clerk
R:/Ords 2005/0rds 05-07
5
EXHIBIT A
R:/Ords 2005/0rds 05-07
6
Table 17.06.030
Residential Districts
Description of Use HR RR VL L-1 L.2 LM M H
Residential
Single-family detached P P P P P P P -
Duplex (two-family dwellings) - 2 . 2 - 2 P P
- - -
Single-family attached (greater than two - - - - - p p p
units)
Multiple-family - - - - - - p p
Manufactured homes P P P P P P P P
Mobilehome park - - C C C C C C
Facilities for the mentally disordered, P P P P P P P P
handicapped, or dependent or neglected
children (six or fewer)
Facilities for the mentally disordered, C C C C C C p P
handicapped, or dependent or neglected
children (seven to twelve)
Alcoholism or drug abuse recovery or P P P P P P P P
treatment facility (six or fewer)
Alcoholism or drug abuse recovery or C C C C C C p P
treatment facility (seven or more)
Residential care facilities for the elderly P P P P P P P P
(six or fewer)
Residential care facilities for the elderly C C C C C C p p
(seven or more)
Congregate care residential facilities for - - - - p p p p
the elderly 6
Boarding, rooming and lodging facilities - - - - - - C C
Secondary dwelling units P P P P P P P P
Granny Flat P P P P P P p4 p4
Guest House P P P P P P p4 p4
Family day care homes-small P P P P P P P P
Family day care homes-large 1 C C C C C C C C
Day care centers C C C C C C C C
Bed and breakfast establishments 6 C C C C C C C C
Emergency shelters C C C C C C P P
R:/Ords 2005/0rds 05-{)7
7
Table 17.06.030
Residential Districts
Description of Use HR RR VL L-1 L-2 LM M H
Transitional housing C C C C C C P P
Non-Residential
Agriculture/open space uses 6 P P P P P P P P
Religious institutions C C C C C C C C
Public utility facilities C C C C C C C C
Educational institutions C C C C C C C C
Public libraries C C C C C C C C
Public museums and art galleries (not for C C C C C C C C
profit)
Kennels and catteries 6 C C C - - - - -
Noncommercial keeping of horses, P P P P P - - -
cattle, sheep and goats 6
Temporary real estate tract offices P P P P P P P P
Recreational Vehicle Storage Yard 3 - C C C C C C C
Parking for commercial uses - - - - - - P P
Nonprofit clubs and lodge halls - - - - - - P P
Convalescent facilities - - - - - - P P
Golf courses C C C C C C C C
Home occupations P P P P P P P P
Construction Trailers 5.6 P P P P P P P P
Notes:
1. Subject to the provisions of Section 17.04.050 and Section 17.06.050.1, Family Day
Care Home Design Standards.
2. A duplex or two-family dwelling may be permitted on corner lots with a planned
development overlay pursuant to the provisions of Chapter 17.22.
3. Subject to the provisions of Section 17.24.020(D)(2).
4. Allowed only with a single-family residence.
5. The director of planning shall have the discretion to waive submittal of an
Administrative Development Plan if it is determined that the construction trailer will not
have an adverse impact on adjacent residences or businesses.
6. Subject to the supplemental development standards contained in Chapter 17.10.
Legend p- Permitted by right in the district
c= Permitted by conditional use permit
- - Use is prohibited in the district
R:/Ords 2005/0rds 05-07
8
EXHIBIT B
R:/Ords 200S/0rds 05-07
9
Table 17.06.040
Development Standards - Residential Districts
Residential Development
Standards HR RR VL L-1 L-2 LM M H
LOT AREA
Minimum net lot area 7,200 7,2004
(square feet) - - - - - -
Minimum net lot area 10 5 2.5 1 Y,
(acres) - - -
Dwelling units per net acre' - - - - - - 12 20
LOT DIMENSIONS
Minimum lot frontage at 50 50 40 40 30 30 30 30
front property line (feet)
Minimum lot frontage for a
flag lot at the front property 40 40 30 30 25 20 20 20
line (feet)
Minimum width at required 100 100 100 70 50 50 40 30
front setback area (feet) ,
Minimum average width 100 100 80 70 60 50 50 50
(feet)
Minimum lot depth (feet) 150 150 120 100 90 80 100 100
SETBACKS
Minimum front yard (feet) 40 40 25 25 25 20 20 20
Ava ,2 Ava.2 Ava.2 Ave.2
Minimum corner side yard 40 40 15 15 15 15 15 15.
(feet)
Minimum interior side yard 25 25 10 10 10 Vari- Vari- Vari-
(feet) able3 able3 able3
Minimum rear yard (feet) 25 25 20 20 20 20 20 20
OTHER REQUIREMENTS
Maximum height (feet) 35 35 35 35 35 35 40 50
Maximum percent of lot 10% 15% 20% 25% 25% 35% 35% 30%
coverage
Open space required 90% 75% 70% 60% 40% 25% 25% 30%
Private open space/per unit NA NA NA NA NA NA 200 150
R:/Ords 2005/0rds 05-07
10
Table 17.06.040
Development Standards - Residential Districts
Residential Development
Standards HR RR VL L-1 L-2 LM M H
Notes:
1. Affordable housing and congregate care facilities may exceed the stated densities
pursuant to the provisions of Section 17.10.020.
2. Variable front yard setbacks: In order to allow for a more interesting visual image
and more flexible site planning variable setbacks may be permitted in the L-2, LM, M
and H districts. Front yard setbacks shall have an average of at least twenty feet.
Garages with entrances not facing the front yard area may be setback a minimum of
ten feet. Other portions of a structure may have a front yard setback of a minimum of
ten feet; however, the average setback of twenty feet shall be maintained.
3. Variable side yard setbacks: In the LM zoning district, the combined side yard
setback for both sides must equal at least fifteen feet with one side having at least ten
feet to provide potential vehicular access to the rear of the property and shall be
located on the same side as the driveway. In the M and H zoning districts, variable
side yard setbacks may be permitted provided the sum of the side yard setbacks is not
less than ten feet and the distance between adjacent structures is not less than ten
feet. This permits a zero lot line arrangement with a zero setback on one side yard
and ten feet on the opposite site yard.
4. Lot sizes below 7,200 square feet can be accommodated with the approval of a
planned development overlay.
R:/Ords 2005/0rds 05-07
11
EXHIBIT C
OFFICIAL ZONING MAP
R:/Ords 2005/0rds 05-07
12
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Zoning Map Amendments
City of T emecula
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ITEM 11
ORDINANCE NO. 05-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING PLANNING AREAS 7 AND 9 OF THE
MARGARITA VILLAGE SPECIFIC PLAN TO CHANGE THE
SPECIFIC PLAN PERMITTED USES WITHIN PLANNING AREA
7 FROM USES ALLOWED IN THE L-1 (1-ACRE LOTS) ZONING
DESIGNATION TO LM (7,200 SQUARE FOOT LOTS) ZONING
DESIGNATION OF THE CITY'S DEVELOPMENT CODE AND
FROM THE L-1 (1-ACRE LOTS) DESIGNATION TO THE L-2
(20,000 SQUARE FOOT LOTS) DESIGNATION FOR PLANNING
AREA 9A (PA04-D390).
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. Vinyards View Estates, LLC, filed Planning Application Nos. PA04-0390, Specific
Plan Amendment, and PA04-0392, Tentative Tract Map (No. 23103-2) for the property
consisting of approximately 18.32 acres generally located at the northwest corner of Butterfield
Stage Road and Chemin Clinet, known as Assessors Parcel No(s). 950-390-007 and 953-050-
009 ("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 June 1, 2005 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. 05-40, recommending approval of a Mitigated Negative Declaration and
Mitigation Monitoring Plan for the Project and Resolution No. 05-42, recommending the City
Council approval of a Tentative Tract Map;
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. 05-41, recommending approval of a Specific Plan Amendment;
F. On July 26, 2005, 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.
R:/Ords 2005/0rds 05-14
G. On July 26,2005, 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. 05-82; and Tentative Tract Map with Resolution No. 05-83;
H. On July 26, 2005, the City Council of the City of Temecula approved a Specific
Plan Amendment for the Project when it approved Ordinance No. 05-14.
Section 2. The City Council of the City of Temecula hereby amends portions of
Margarita Village Specific Plan as included in Exhibit "A".
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 published as required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
_ day of , 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Ords 2005/0rds 05-14
2
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. 05-14 was duly introduced and placed upon its first reading at a
meeting of the City Council on the 26th day of July, 2005 and that thereafter, said Ordinance
was duly adopted and passed at a meeting of the City Council on the _ day of
2005, by the following vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
ABSTAIN:
Susan W. Jones, CMC
City Clerk
R:/Ords 2005/0rds 05-14
3
Margarita
Village
i.
Specific Plan No.3
Amendment No.7
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City of Temecula
April, 2005
, .
.
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Margarita
Village
Amendment No.7
of
Margarita Village Specific Plan No. 3
Lead Agency:
City ofTemecula
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
951.694.6400
Contact: Debbie Ubnoske, Director of Planning
Prepared by:
Matthew Fagan Consulting Services '
42011 Avenida Vista Ladera
Terriecula, CA 92591
951.699.2338
Contact: Matthew Fagan
,-/
City,ofTemecula '
April,200S "
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Margarita Village
I. Summary of Changes
I. Summary of Changes-Amendment No.7, April 2005
Paragraph A from Amendment 3 will be deleted and replaced with the following
amended Paragraph A. New Items i through Hi (listed below) will be added after
Paragraph A, and the previously existing Items 1 through 3 and a through g will remain
after Items i-iii.
A., Specific Plan
The Margarita VilIage Specific Plan (SP No. 199) was originally adopted by the Riverside County Board of
Supervisors on August 26, 1986 by Resolution No. 86-355. Specific Plan Amendment No. I was approved by
the Board of Supervisors on September 6, 1988 via Resolution No. 88-471. Upon incorporation by the City of
Temecula in 1989, Margarita VilIage was in the jurisdiction of the City. Specific Plan Amendment No.2 was
approved by the Temecula City Council on March 26,1996. Specific Plan Amendment No.3 was approved by
the Temecula City Council on October 7, 1997. Specific Plan Amendment No.4 was approved by the
Temecula City Council on January 27, 1998. Specific Plan Amendment No.5 was approved by the Temecula
City Council on October 10, 2000, and Amendment No. 6 was approved by the Temecula City Council on
January 11,2005. The following paragraphs describe the changes to Specific Plan No. 199 that have occurred
based on these amendments.
Specific Plan Amendment No.7 is being presented to the City of Temecula and proposes the following changes:
1. Planning Area 7
Planning Area 7 is proposing to be amended from 12 acres and 12 dwelling units to approximately
10.97 acres and 29 dwelling units. Planning Area 7 is proposing a Specific Plan Land Use change
from Low (L) Density Residential (0.4-2,dulacre) classification to Medium (M) Density Residential
'(2-5 dulacre). The Specific Plan amendment would also include a zone change of PA 7 from the
L-I (one acre minimum lot size) Residential District to Low Medium (7,200 sq. ft. minimum lot'
size) Residential District.
With the proposed Specific Plan Amendment, Planning Area 7 would consists of 29 dwelling units
on approximately lO.97 acres with a minimum lot size of 7,200 net square feet. The homes in
Planning Area 7 shall have a minimum of 2,200 square feet of living area.
11. Planning Area 9A
Planning Area 9A is proposing to be amended to separate this area from the existing Planning Area
9~ Planning Area 9A is approximately 7.35 ,acres of undeveloped residential land whereas Planning
Area 9 has been developed as a three-acre private recreation community center.
Planning Area (PA) 9A is proposing to develop 8 single family residential units on approximately
7.35 acres. PA 9 would maintain the existing Land Use of Low (L) Density Residential (0.4-2
dulacre) and would change the Specific Plan zoning from L-I Residential District. (one acre
minimum lot size) to L-2 Residential District (20,000 sq. ft. minimum lot size). The homes inPA
9A shall have a min,imum of 2,500 square feet of living area, shall be one story in height and shall
be strategically placed to allow view corridors for the existing residences to the west,
Specific Plan No.3, Amendment No, 7
Pag!! 1-
Margarita Village
I. Summary of Changes
No change of zoning or land use is being proposed for Planning Area 9,
111. Repagination
Due to the modifications of Planning Areas 7 and 9A and, repagination will occur where necessary
throughout the Specific Plan. Page ill-14 shall also be added as none currently exists.
-
\
,'eo.;
Spedfi.cPlanNo. 3, Amendment No.7
'. : 'Page 1-
Margarita Village
II. Project Development Plan
7. Planning Area 7-Amendment No.7, April 2005
The foUowing language wiD replace the existing language for P A 7:
a. Descriptive Summarv
Planning Area 7 wiD contain bew Medium Density Residential, family oriented
development. A maximwn total of -l- 29 dwelling units is planned at a target density of
.g 2.64 dulacre on-b! 10.97 acres (Density Range 2-50A-2. dulac). Refer to Figure II-
18 for a graphic representation of Planning Area 7. Typical building elevations and
architectural guidelines are provided in Section III.C.3., Design Guidelines.
b. Land Use and Development Standards
,
Please refer to the Specific Plan Ordinance Amendment and Section 17.060.040 of
the City of Temecula Development Code for standards not addressed in the
Specific Plan Ordinance Amendment No.7 for P A 7.
c. Planninl!' Standards
/)
. Possible access into Planning Area 7 may be taken from Butterfield Stage Road off
Ahern Place and Chemin Clinet (See Figure II-18).
. A minimwn of two parking spaces shall be provided per dwelling unit. At least two
of the spaces shall be provided in an enclosed garage, either attached to, or separate
from, the main dwelling unit.
. Please refer to Project- Wide Design and Textual Development Standards in Section
, '
II.B.2, for further land use standards that apply site-wide.
. Please refer to Design Guidelines in Section III, for design-related criteria.
Specific Plan No.3, Amendment No.7
Page II-
Margarita Village
II. Project Development Plan
9A. Plannine Area 9A-Amendment No.7. April 2005
The following language will be added to the existing language of Planning Area 9 for the
new subsection PA9A:
a. Descriptive Summary
Plannine: Area 9A will contain Low Density Residential. family oriented
development. A maximum total of 8 dwelline: units is planned at a tan!et density of
1.08 du/acre on 7.35 acres (Density Rane:e 0.4-2 du/ac). Tvpical buildine elevations
and architecturall!Uidelmes are provided in Section III.C.3.. Desil!U Guidelines.
In adddition. an approximateIv 1.16 acre park is berne: proposed at the southern
end of PA 9A that may contain a tot lot and associate plav equipment. benches
and a passive turf area. Refer to Fil!Ure 11-19 for a conceptual lmlphic
representation ofPlannine: Area 9A. Typical buildine: elevations and architectural
l!Uidelines are proVided in Section m.C.3. Desie:n Guidelines.
b. Land Use and Development Standards
Please refer to the Specific Plan Ordinance Amendment and Section 17.060.040 of
, the City of Temecula Development Code ,for standards not addressed in the
Snecific Plan Ordinance Amendment No.7 for P A 9.
c. ' Plannin~ Standards
· Primary access into Planning Area 9A will be taken from Buttemeld Stage R-ead
Placer Loudeaonne.
. A minimum of two parking spaces shall be provided per dwelling unit. At least two
fJf the spaces shall be provided in an enclosed garage, either attached to, or separate
from, the main dwelling unit. '
. Please refer to Project-Wide Design and Textual Development Standards in Section
Il.B.2, for further land use standards that apply site-wide.
. Please refer to Design Guidelines in Section III, for design-related criteria.
Specific PlitnNo. 3, Amendment No.7
Page II-
Margarita Village
III. De6ignGuid~lines
4. Village "B" Architectural Guidelines - Amendment
No.7, April 2005
3. Introduction
Village "B" shall contain two basic architectural motifs and a third custom area adjacent to the
Vineyards on the eastern boundary of the property. Because the two neighborhoods will
comprise the majority of Village "B", these guidelines will predominantly address those areas.
The basic architectural theme for Village "B" will be Spanish, Mediterranean, and French
Manor. Planning Areas 2, 3 8, and 10/11/12 will have a combination of Mediterranean and
French elevation styles. Planning Areas 4 and 6 will have a combination of Spanish and
Mediterranean elevations. This is a natural combination of styles for the Rancho California
area and will provide a variety of elevations as well as giving each development area a separate
character. The Mediterranean style will provide the blend between the various planning areas
and the Spanish and French will provide the necessary agent to keep the visual interest within
the projects. All design elements used in Village "B" should work together to achieve a sense
of neighborhood identify.
b. Buildin~ Mass. Form and Scale
Village "B" shall include a range of dwelling units sizes in proportion to the size of the
project. There shall also be a variety of elevation types per plan throughout the project.
A sense of neighborhood will be accomplished by manipulating the building mass, form
and scale within each planning area:
-:. The homes in Planlling Areas 2, 3, 8 and 10/11/2 I shall range in size from 1,500 sq.
ft. to approximately 2,600 sq. ft. and a minimwn for five (5) floor plans shall be
, provided. '
.:. The homes in Planning Areas 4 and 6 shall range in size from 1,200 sq. ft. to
approximately 2,100 sq. ft. with a minimwn oftive (5) floor plans.
.:. The Custom homes in Planning Area 9A shall have a minimwn of2.5001,8()() sq. ft.
of living area. The homes in P1annine Area 9A shall be one stOry and'
stratmcaltv placed to allow view corridors for the existinl!: residences to the
, wes.t.. .
~:. Thehomeli in Plannine Area 7 shall have a ininimum of 2.200 SQ. ft. oflivinl!:
~
Specific Plan No.3, Amendment No.7
Page 111-
S.P. Zone Ordinance Amendment
Revised with Amendment No.7
April 2005
SPA No.7 shall include amendinl!: the Specific Plan Zone Ordinance for Planninl!: Areas 7
and 9A. The existinl!: Planninl!: Area 7 (item l!:.) shall be replaced with the lanl!:ual!:e listed
below in item l!:. Planninl!: Area 9 (item i) shall be amended to add Planninl!: Area 9A to
item i. The revised lanl!:ual!:e for Planninl!: Area 7 and the new lanl!:ual!:e for 9A is as
follows:
g. Planning Area 7.
(1) The uses permitted in Planning Area 7 of Specific Plan No. .J..99 3 shall be the same as
those uses permitted in the b-l- LM District of Chapter 17.06 of the City of Temecula
Development Code. In addition, the permitted uses identi fied under Seclion
17.06.030 shall also include noncommercial community association recreation and
assembly buildings and facilities.
(2) The development standards for Planning Area 7 of Specific Plan No. .J..99 3 shall be
the same as those uses identified in the b-l- LM Residential District in Section
17.060.040 of the City of Temecula Development Code, except for the following:
A. The rear yard shall be not less than ten feet (10').
B. There shall be no maximum-% percental!:e of lot coverage requirement.
C. The minimum lot area shall be 7,200 net SQuare feet.
D. The minimum averal!:e lot width for a standard lot shall be sixty (60')
feet. Corner lots or lots on a cul-de-sac shall have a minimum width of
fifty feet (50'), provided the minimum l!:ross lot area is maintained.
E. The minimum lot depth for a standard lot shall be ninety (90') feet. The
averal!:e lot depth for corner lots or lots on a cul-de-sac shall be seventy
(70') feet.
(3) Except as provided above, all other zoning requirements shall be the same as those
requirements identified in Chapter 17.06 of the City of Temecula Development Code.
i. Planninl!: Area 9A.
(1) The uses permitted in Planninl!: Area 9A of Specific Plan No.3 shall be the same
as those uses permitted in the L-2 District of Chapter 17.06 of the City of
Temecula Development Code. In addition, the permitted uses identified under
Section 17.06.030 shall also include noncommercial community association
recreation and assemblv buildinl!:s and facilities.
(2) The development standards for Planninl! Area 9A of Specific Plan No.3 shall be
the same as those uses identified in the L.2 Residential District in Section
17.060.040 of the Citv of Temecula Development Code. except for the followinl!:
A. The rear vard shall be nolless than ten 00') feet.
B. The minimum corner side vard shall be not less than fifteen OS') feet.
C. There shall be no maximum percental!e of lot coveral!e requirement.
D. The minimum lot size shall be 20,000 net square feet.
E. All homes shall be one storv and strategically placed to allow view
corridors for the ad iacent residences to the west.
F. An open space area shall be provided at the southwestern end of
Planninl! Area 9A. The open space will be a continuation of the
existinl! open space area for Tract 23100-5 and contain an
approximately 1.16 acre park that is anticipated to be developed as a
tot lot. The park mav contain plav equipment, tables or benches, a
shade structure and passive turf area for children to plav. The park is
a recreational amenity for existinl! and future residents. and will also
serve as a buffer area allowinl! opportunities for view corridors for the
residences to the west of Planninl! Area 9A.
(3) Except as provided above. all other zoninl! requirements shall be the same as
those requirements identified in Chapter 17.06 of the City of Temecula
Development Code.
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TEMECULA COMMUNITY.
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
JULY 26, 2005
A regular meeting of the City of Temecula Community Services District was called to order at
7:41 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
4
DIRECTORS:
Comerchero, Edwards, Roberts, and
Washington
ABSENT:
1
DIRECTORS:
Naggar
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of July 12, 2005.
MOTION: Director Comerchero moved, seconded by Director Roberts, to approve Consent
Calendar Item NO.1. Electronic vote reflected approval with the exception of Director Naggar
who was absent.
DEPARTMENTAL REPORT
No additional comment.
DIRECTOR OF COMMUNITY SERVICES REPORT
No additional comment.
GENERAL MANAGER'S REPORT
No additional comment.
BOARD OF DIRECTORS' REPORTS
No additional comments.
R:\Minutes,csdI072605
ADJOURNMENT
At 7:42 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, August 9, 2005, 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]
R:\Minutes.csd\072605
2
ITEM 2
APPROV
CITY ATTORNEY
FINANCE DIRECTOR
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
Board of Directors
Herman D. Parker, Director of Community servic~
August 9, 2005
DATE:
SUBJECT:
Old Town Temecula Community Theater Grand Opening
RECOMMENDATION:
That the Board of Directors:
1) Authorize the City Manager to approve a one time expenditure of an amount not to exceed
$50,000 for the theater grand opening celebration entertainment.
2) Appropriate an additional $25,000 from TCSD Fund Balance to the TCSD theater budget.
BACKGROUND: Construction of the Old Town Temecula Community Theater has
progressed well and construction is entering its final phase. We are anticipating completion of the
construction process the first part of September 2005. As a result, the Community Services Department
is in the process of coordinating events, activities and entertainment for the grand opening gala,
scheduled for October 4, 2005.
The gala planned for October 4, 2005 is expected to offer the public the opportunity to tour and view the
new theater and enjoy activities and entertainment in the mercantile building throughout the day. A
ribbon cutting ceremony will be held in the theater building followed by entertainment and refreshments
throughout the evening. Staff is also working on a schedule of additional entertainment throughout the
remainder of this week long celebration.
In order to attract and obtain hi-quality professional performances, staff is requesting a budget not to
exceed $50,000, to provide entertainment for the October 4, 2005 event. This will ensure a quality
performance and an opening celebration that will be enjoyed and remembered by the community.
FISCAL IMPACT: The theater operating budget currently has $25,000 available for the opening gala
celebration entertainment. An additional $25,000 will be needed from TCSD Fund Balance to provide a
total of $50,000 to secure quality entertainment.
R:\ZIGLERGIREPOR1\080905 BOD Theater Grand Opening Gala.doc
ITEM 3
APPROVAL
CITY A HORNEY
DIRECTOR OF Fl
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
Board of Directors
Herman D. Parker, Director of Community servi~
DATE:
August 9, 2005
SUBJECT:
Acceptance of Replacement Landscape Bonds and Agreements for
Tract Map No. 29133
PREPARED BY:
Barbara Smith, Management Analyst f.>Ic~
RECOMMENDATION:
That the Board of Directors:
1. Accept the replacement agreement and surety bonds from Gallery Traditions Partners, LLC
to improve the perimeter slopes and parkways along Ynez Road and Open Space Lot 9
within Tract Map No. 29133.
BACKGROUND: Tract Map No. 29133 consists of eight (8) residential lots and one (1)
open space lot located on the east side of Ynez Road between Pauba and Santiago Roads.
Pursuant to the conditions of approval for this development, Gallery Traditions Partners, LLC is
proposing to improve certain perimeter slopes and landscaped parkways adjacent to Ynez Road, as
well as Open Space Lot 9.
On July 27, 2004 the Board accepted landscape bonds and an agreement for the slopes and
parkways along Ynez Road and Open Space 9. The amounts of these bonds were inflated because
the landscape plans were still going through the plan check process. Since then the landscape
plans have been approved along with a lower cost estimate. Gallery Homes has provided TCSD
with a set of replacement bonds and an agreement with revised bond amounts. Once the
replacement set of bonds are accepted the original set of bonds will be exonerated.
Once the landscaping is completely installed and the Temecula Community Services District (TCSD)
has approved these landscaped areas TCSD will take over the maintenance responsibilities of the
proposed landscaped improvements. Upon completion and acceptance of the improvements by the
Board of Directors, staff will recommend the appropriate release or reduction of the replacement
bonds.
The following is information of the bonds accepted on July 27, 2004.
1. Faithful Performance Bond No. 834043S in the amount of $79,409.00.
2. Labor and Materials Bond No. 834043S in the amount of $39,705.00.
3. Warranty Bond No. 8340438 in the amount of $7,941.00.
R:\SMITIffi\Bonds\StaffTract 29133 Bonds 8-05.doc
The following is information regarding the replacement landscape bonds:
1. Faithful Performance Bond No. 83806,1 S in the amount of $39,400.
2. Labor and Materials Bond No. 838061S in the amount of $19,700.
3. Warranty Bond No. 838061 S in the amount of $3,940.
FISCAL IMPACT: None. The cost of construction for the perimeter slope areas and open
space will be borne by the developer.
ATTACHMENTS:
Vicinity Map
Project Map
Agreement/Bonds.
R:\SMITIIB\Bonds\StaffTract 29133 Bonds 8-05.doc
City of Temecula GIS Application: Map/Report Window
Page I of I
City of Temecula
Geographic Information Systems
43200 Business Park Drive Temecula, CA 92590
(951 )308-6300 www.cityoftemecula.org
Attachment 1
Vicinity Map - Tract Map No. 29133
http://www.cityoftemecula.org/GIS_ArcIMS/Print Process.asp
07/26/2005
ATTACHMENT Z - PROJECT MAP
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City Of Temecula
Community Services Department
43200 Business Park Drive. Mailing Address: P,O. Box 9033. Temecula, CA 92589-9033
(951) 694-6480. Fax (951) 694-6488. www,citvoftemeaJla.oro
~.I" ". '",-': ,";;:. '~\~fO::l 'U~(;:; --:~- h;:Z)_I:xd"\"-(;(:1-;il"
Name of Subdivider: Gallery Traditions Partners, L.L.C.
Address of Subdivider (street):
Address of Subdivider (city, state, zip):
Contact: Richard D. Hauser
Phone Number: ( 951 ) 244.7713
31618 Railroad Canyon Road
Canyon Lake, CA 92587
Title: Agent
Fax Number: (951 ) 244.7714
">:", ~(~"' -, <::$(:-1 ~<:; ~:. f::: f',~, ,I :r,'i"I,'~"fl~-I'
Name of Subdivision: Gallery Traditions
29133
CSD04.0067
$ 39,400
June 30, 2006
;)'c~, ~ I:~'
Name of Surety:
Developers Surety and Indemnity, Co.
17780 Fitch Street, Suite 200
Address of Surety (street):
Address of Surety (city, state, zip):
Contact: Janet Shaw
Irvine, CA 92614
Title: Sr. Bond Underwriter
Phone Number: ( 818 ) 552.6134
Bond No.
Fax Number: ( 818 ) 552.6136
Amount
Labor and Materials Bond
Faithful Performance Bond
838061S
838061S
838061S
$ 39,400
$ 19,700
$ 3,940
Bond for Warranty
R:\SMITHBIBonds\Parkland Landscape Agreemenldoc 1
.
This Agreement is made and entered into by and between the City of
Temecula, Californi,!!, a Municipal Corporation of the State of California,
hereinafter referred to as CITY, and the SUBDIVIDER.
RECITALS
A. SUBDIVIDER has presented to CITY for approval and
recordation, a final subdivision map of a proposed subdivision pursuant to
provisions of the Subdivision Map Act of the State of California and the CITY
ordinances and regulations relating to the .filing, approval and recordation of
subdivision maps. The Subdivision Map Act and the CITY ordinances and
regulations relating to the filing, approval and recordation of subdivision maps are
collectively referred to in this Agreement as the "Subdivision Laws."
B. A tentative map of the SUBDIVISION has been approved, subject
to the Subdivision Laws and to the requirements and conditions contained in the
Resolution of Approval. The Resolution of Approval is on file in the Office of the
City Clerk and is incorporated into this Agreement by reference.
C. SUBDIVIDER is required, as' a condition of the approval of the
tentative map that the Parkland Improvement plans must be completed, in
compliance with City standards, by the Completion Date. The Subdivision Laws
establish as a condition precedent to the approval of a final map, that the
SUBDIVIDER has entered into a secured Agreement with the CITY to complete
the Parkland/Landscape Improvement Plans within the Completion Date.
D. In consideration of approval of a final map for the SUBDIVISION
by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby
promises to install and complete, at SUBDIVIDER'S own expense, all the
Parkland/Landscape Improvement work required by City in connection with
proposed subdivision. Subdivider has secured this agreement by
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Parkland/Landscaping Improvement Security required by the Subdivision Laws
and approved by the City Attorney. The term "Parkland" includes landscape
areas intended to be maintained by the Temecula Community Services District.
E. Complete Parkland/Landscape Improvement Plans for the
construction, installation and completion of the Parkland Improvements have
been prepared by SUBDIVIDER and approved by the Director of Community
Services. The Parkland Improvement Plans numbered as referenced previously
in this Agreement are on file in the Office of the Director of Community Services
and are incorporated into this Agreement by this reference. All references in this
Agreement to the Parkland Improvement Plans shall include reference to any
specifications for the Improvements as approved by the Director of Community
Services.
F. An estimate of the cost for construction of the Parkland
Improvements according to the Improvement Plans has been made and
approved by the Director of Community Services. The estimated amount is
stated on Page 1 of this Agreement. The basis for the estimate is attached as
Exhibit "A" to this Agreement.
G. The CITY has adopted standards for the construction and
installation of Parkland/Landscape Improvements within the CITY. The
Parkland/Landscape Improvement Plans have been prepared in conformance
with the CITY standards, (in effect on the date of approval of the Resolution of
Approval).
H. SUBDIVIDER recognizes that by approval of the final map for
SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER,
including the right to sell, lease, or finance lots within the SUBDIVISION, and has
taken the final act necessary to subdivide the property within the SUBDIVISION.
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As a result, CITY will be damaged to the extent of the cost of installation of the
Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its
obligation under this Agreement, including, but not limited to, SUBDIVIDER'S
obligation to complete construction of Parkland/Landscape Improvements by the
Completion Date. CITY shall be entitled to all remedies available to it pursuant to
this Agreement and the Subdivision Laws in the event of a default by
SUBDIVIDER. It is specifically recognized that the determination of whether a
reversion to acreage or rescission of the SUBDIVISION constitutes an adequate
remedy for default by the SUBDIVIDER shall be within the sole discretion of
CITY.
NOT, THEREFORE, in consideration of the approval and recordation by
the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY
agree as follows:
1. SUBDIVIDER'S Obliaations to Construct Parkland/Landscapina Improvements.
SUBDIVIDER Shall:
a. Comply with all the requirements of the Resolution of Approval,
and any amendments thereto, and with the provisions of the Subdivision Laws.
b. Pursuant to the requirements of Labor Code Section 1720,
SUBDIVIDER shall pay prevailing wages for all work performed for the
construction, alteration, demolition, installation, or repair for the
Parkland/Landscape Improvement Work required by this Agreement. In
accordance with the provisions of Section 1773 of the Labor Code of the State of
California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contractor from
the Director of the Department of Industrial Relations. These rates are on file
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with the City Clerk. Copies may be obtained at cost at the City Clerk's office of
the City of Temecula. Subdivider shall post a copy of such wage rates at the job
site and shall pay the adopted prevailing wage rates as a minimum. Subdivider
shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6,
and 1813 of the Labor Code and other applicable laws and regulations with
respect to the payment of prevailing wages. Pursuant to the provisions of 1775
of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of
$25.00 for each calendar day, or portion thereof, for each laborer, worker, or
mechanic employed, paid less, than the stipulated prevailing rates for any work
done under this Agreement, by it or by any subcontractor under it, in violation of
the provisions of the Agreement or in violation of any applicable laws or
regulations pertaining to the payment of prevailing wages.
c. Complete by the time established in Section 20 of this Agreement
and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement
work required on the Tentative Map and Resolution of Approval in conformance
with the Parkland Improvement Plans and the CITY standards:
d. Furnish the necessary materials for completion of the Parkland
Improvements in conformity with the Parkland Improvement Plans and CITY
standards.
e. Except for easements or other interested in real property to be
dedicated to the Homeowners Association of the SUBDIVISION, acquire and
dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements
and other interests in real property for construction or installation of the
Parkland/Landscape Improvements, free and clear of all liens and encumbrances
for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site
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rights-of-way, easements and other interests in real property shall be subject to a
separate Agreement between SUBDIVIDER and CITY.
2. ACQuisition and Dedication of Easements or Riahts-of-Wav. If any of the
Parkland/Landscape Improvements and land development work contemplated by this
Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no
construction or installation shall be commenced before:
a. The offer of dedication to CITY or appropriate rights-of-way,
easements or other interest in real property, and appropriate authorization from
the property owner to allow construction or installation of the Improvements or
work, or
b. The dedication to, and acceptance by, the CITY of appropriate
rights-of-way, easements or other interests in real property, and approved by the
Department of Public Works, as determined by the Director of Community
Services.
c. The issuance by a court of competent jurisdiction pursuant to the
State Eminent Domain Law of an order of possession. SUBDIVIDER shall
comply in all respects with order of possession. Nothing in this Section 2 shall be
construed as authorizing or granting an extension of time to SUBDIVIDER.
3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S
performance of this Agreement by furnishing to CITY, and maintaining, good and
sufficient security as required by the Subdivision Laws on forms approved by CITY for
the purposes and in the amounts as follows:
a. to assure faithful performance of this Agreement in regard to said
improvements in and amount of 100% of the estimated cost of the
Parkland/Landscape Improvements; and
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b. to secure payment to any contractor, subcontractor, persons
renting equipment, or furnishing labor materials for Parkland/Landscape
Improvements required to be constructed or installed pursuant to this Agreement
in the additional amount of 50% of the estimated cost of the Improvements; and
c. to guarantee or warranty the work done pursuant to this
Agreement for a period of one year following acceptance thereof by CITY against
any defective work or labor done or defective, materials furnished in the additional
amount of 10% of the estimated cost of the Parkland Improvements. The
securities required by this Agreement shall be kept on file with the City Clerk.
The terms of the security documents referenced on Page 1 of this Agreement are
incorporated into this Agreement by this Reference. If any security is replaced by
another approved security, the replacement shall be filed with the City Clerk and,
upon filing, shall be deemed to have been made a part of and incorporated into
this Agreement. Upon filing of a replacement security with the City Clerk, the
former security may be released.
4. Alterations to Parkland Improvement Plans.
a. Any changes, alterations or additions to the
Parkland/Landscape Improvement Plans and specifications or to the
improvements, not exceeding 10% of the original estimated cost if the
improvement, which are mutually agreed upon by the CITY and SUBDIVIDER,
shall not relieve the improvement security given for faithful performance of this
Agreement. In the event such changes, alterations, or additions exceed 10% of
the original estimated cost of the improvement, SUBDIVIDER shall provide
improvement security for faithful performance as required by Paragraph 3 of this
Agreement for 100% of the total estimated cost of the improvement as changed,
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altered, or amended, minus any completed partial releases allowed by Paragraph
6 of this Agreement.
. b. The SUBDIVIDER shall construct the Parkland
Improvements in accordance with the CITY Standards in effect at the time of
adoption of the Resolution of Approval. CITY reserves the right to modify the
standards applicable to the SUBDIVISION and this Agreement, when necessary
to protect the public health, safety or welfare or comply with applicable State or
federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted
an extension of time for completion of the improvements, CITY may apply the
standards in effect at the time of the extension.
5. Inspection and Maintenance Period.
a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape
Improvements in accordance with the City' standards in effect at the time of
adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain
proper facilities and safe access for inspection of the Parkland Improvements by
CITY inspectors and to the shops wherein any work is in preparation. Upon
completion of the work the SUBDIVIDER may request a final inspection by the
Director of Community Services, or the Director of Community Service's
authorized representative. City Council authorizes the Director of Community
Services or the Director of Community Services authorized representative to
accept the landscaped medians, perimeter slopes, and parks into the Community
Services Maintenance System which is funded by the Parks and Lighting Special
Tax.
b. SUBDIVIDER shall continue to maintain the
Parkland/Landscape Improvements for ninety (90) days after they have been
certified completed. No improvements shall be finally accepted unless the
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maintenance period has expired, and all aspects of the work have been
inspected and determined to have been completed in accordance with the
Parkland/Landscape Improvement Pians and CITY standards. SUBDIVIDER
shall bear all costs of inspection and certification.
6. Release of Securities. Subject to approval by Community Services, the
securities required by this Agreement shall be released as follows:
a. Security given for faithful performance of any act, obligation, work
or Agreement shall be released upon the expiration of the maintenance period
and the final completion and acceptance of the act or work, subject to the
provisions of subsection (b) hereof.
b. The Director of Community Services may release a portion of the
security given for faithful performance of improvement work as the Parkland
Improvement progresses upon application therefore by the SUBDIVIDER;
provided, however, that no such release shall be for an amount less that 25% of
the total Parkland Improvement Security given for faithful performance of the
improvement work and that the security shall not be reduced to an amount less
than 50% of the total Parkland/Landscape Improvement Security given for faithful
performance until expiration of the maintenance period and final completion and
acceptance of the improvement work. In no event shall the Director of
Community Services authorize a release of the Parkland/Landscape
Improvement Security, which would reduce such security to an amount below
that required to guarantee the completion of the improvement work and any other
obligation imposed by this Agreement.
c. Security given to secure payment to the contractor, his or her
subcontractors and to persons furnishing labor, materials or equipment shall, six
months after the completion and acceptance of the work, be reduced to an
R:\SMITHBIBondslParkland Landscape Agreemenl.doc 9
amount equal to the total claimed by all claimants for whom lien have been filed
and of which notice has been given to the legislative body, plus an amount
reasonable determined by the Director of Community Services to be required to
assure the performance of any other obligations secured by the Security. The
balance of the security shall be released upon the settlement of all claims and
obligations for which the security was given.
d. No security given for the guarantee or warranty of work shall be
released until the expiration of the warranty period and until any claims filed
during the warranty period have been settled. As provided in paragraph 10, the
warranty period shall not commence until final acceptance of all work and
improvements by the City Council.
e. The CITY may retain from any security released, and amount
sufficient to cover costs and reasonable expenses and fees, including reasonable
attorney's fees.
7. Iniurv to Public Improvements, Public Property or Public Utilities Facilities.
SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case
may be, all public improvements, public utilities facilities and surveying or subdivision
monuments which are destroyed or damaged or destroyed by reason of any work done
under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs
of any and all public property on public utility property damaged or destroyed by reason
of any work done. Under this agreement whether such property is owned by the United
States or any agency thereof, or the State of California, or any agency or political
subdivision thereof, or by the CITY or any public or private utility corporation or by any
combination or such owners. Any repair or replacement shall be to the satisfaction, and
subject to the approval, of the City Engineer.
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8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all
necessary permits and licenses for the construction and installation of the
improvements, give all necessary notices and pay all fees and taxes required by law.
9. Default of SUBDIVIDER
a. default of SUBDIVIDER shall include, but not be limited to,
SUBDIVIDER'S failure to timely commence construction pursuant to this
Agreement; SUBDIVIDER'S failure to timely commence construction of the
Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the
defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to
perform substantial construction work for a period of 20 calendar days after
commencement of the work; SUBDIVIDER'S insolvency, appointment of a
receiver, or the filing of any petition in bankruptcy either voluntary or involuntary
which SUBDIVIDER fails to discharge within thirty (30) days; the commencement
of a foreclosure action against the SUBDIVISION or a portion thereof, or any
conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to
perform any other obligation under this Agreement.
b. The CITY reserves to itself all remedies available to it at law or in
equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY
shall have the right, subject to his section, to draw upon or utilize the appropriate
security to mitigate CITY damages in event of default by SUBDIVIDER. The right
of CITY to draw upon or utilize the security is additional to and not in lieu of any
other remedy available to CITY. It is specifically recognized that the estimated
costs and security amounts may not reflect the actual cost of construction or
installation of Parkland/Landscape Improvements and, therefore, CITY damages
for SUBDIVIDER'S default shall be measured by the cost of completing the
required improvements. The sums provided by the improvement security may be
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used by CITY for the completion of the Parkland/Landscape Improvements in
accordance with the Parkland/Landscape Improvement Plans and specifications
contained herein. In the event of SUBDIVIDER'S default under this Agreement,
SUBDIVIDER authorizes CITY to perform such obligation twenty days after
mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety,
and agrees to pay the entire cost of such performance by CITY. CITY may take
over the work and prosecute the same to completion, by contract or by any other
method CITY may deem advisable, for the account and at the expense of
SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess
cost or damages occasioned CITY thereby; and, in such event, CITY without
liability for so doing, may take possession of, and utilize in completing the work,
such materials, appliances, plan and other property belonging to SUBDIVIDER
as may be on the site of the work and necessary for performance of the work.
c. Failure of SUBDIVIDER to comply with the terms of this
Agreement shall constitute consent to the filing by CITY of a notice of violation
against all the lots in the SUBDIVISION, or to rescind the approval or otherwise
revert the SUBDIVISION to acreage. The remedy provided by this Subsection C
is in addition to and not in lieu of other remedies available to CITY.
SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S
breach shall be in the discretion of CITY.
R:\SMrrHB\BondslParldand Landscape Agreement.doc 12
d. In the event that SUBDIVIDER fails to perform any obligation
hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY
in securing performance of such obligations, including costs of suit and
reasonable attorney's fees.
e. The failure of CITY to take an enforcement action with respect to a
default, or to declare a breach, shall not be construed as a waiver of that default
or breach or any subsequent default or breach of SUBDIVIDER.
10. Warranty. SUBDIVIDER shall guarantee or warranty the work done
pursuant this Agreement for a period of one year after expiration of the maintenance
period and final acceptance by the City Council of the work and improvements against
any defective work or labor done or defective materials furnished. Where
Parkland/Landscape Improvements are to be constructed in phases or sections, the one
year warranty period shall commence after CITY acceptance of the last completed
improvement. If within the warranty period any work or improvement or part of any work
or improvement done, furnished, installed, constructed or caused to be done, furnished,
installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this
Agreement or the Parkland/Landscape Improvement Plans and specifications referred to
herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace
or reconstruct any defective or otherwise unsatisfactory part or parts of the work or
structure. Should SUBDIVIDER fail to act promptly or in accordance with this
requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work
twenty days after mailing written notice of default to SUBDIVIDER and to
SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY
determine that an urgency requires repairs or replacements to be made before
SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary
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repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to
CITY the cost of such repairs.
11. Subdivider Not Aaent of Citv. Neither SUBDIVIDER nor any of
SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in
connection with the performance of SUBDIVIDER'S obligations under this Agreement.
12. Iniurv to Work. Until such time as the Parkland/Landscape Improvements
are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to
any of the improvements constructed or installed. CITY shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage, regardless
of cause, happening or occurring to the work or improvements specified in this
Agreement prior to the completion and acceptance of the work or improvements. All
such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
13. Other Aareements. Nothing contained in this Agreement shall preclude
CITY from expending monies pursuant to agreements concurrently or previously
executed between the parties, or from entering into agreement with other subdividers for
the appointment of costs of water and sewer mains, or other improvements, pursuant to
the provisions of the CITY ordinances providing therefore, nor shall anything in this
Agreement commit CITY to any such apportionment.
14. SUBDIVIDER'S Obliaation to Wam Public Durina Construction. Until final
acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate
warning to the public of each and every dangerous condition existent in said
improvements, and will take all reasonable actions to protect the public from such
dangerous condition.
15. Vestina of Ownershio. Upon acceptance of work on behalf of CITY and
recordation of the Notice of Completion, ownership of the improvements constructed
pursuant to this Agreement shall vest in CITY.
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16. Final Acceptance of Work. Acceptance of the work on behalf of CITY
shall be made by the City Council upon recommendation of the Director of Community
Services after final completion and inspection of all Parkland/Landscape Improvements.
The Board of Directors shall act upon the Director of Community Services
recommendations within thirty (30) days from the date the Director of Community
Services certifies that the work has finally completed, as provided in Paragraph 5. Such
acceptance shall not constitute a waiver of defects by CITY.
17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall
not be liable for any injury to persons or property occasioned by reason of the acts or
omissions of SUBDIVIDER, its agents or employees in the performance of this
Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials
and employees from any and all claims, demands, causes of action, liability or loss of
any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or
employees in the performance of this Agreement, including all claims, demands, causes
of action, liability, or loss because of, or arising out of, in whole or in part, the design or
construction of the Parkland/Landscape Improvements. This indemnification and
Agreement to hold harmless shall extend to injuries to persons and damages or taking of
property resulting from the design or construction of the Parkland/Landscape
Improvements as provided herein, and in addition, to adjacent property owners as a
consequence of the diversion of waters from the design or construction of public
drainage systems, streets and other public improvements. Acceptance of any of the
Parkland/Landscape Improvements shall not constitute any assumption by the CITY of
any responsibility for any damage or taking covered by this paragraph. CITY shall not
be responsible for the design or construction of the 'Parkland/Landscape Improvements
pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any
negligent action or inaction taken by the CITY in approving the plans, unless the
R:ISMITHB\BondslParkland Landscape Agreement.doc 15
particular improvement design was specifically required by CITY over written objection
by SUBDIVIDER submitted to the Director of Community Services before approval of the
particular improvement design, which objection indicated that the particular improvement
design was dangerous or defective and suggested an alternative safe and feasible
design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER
shall remain obligated to eliminate any defect in design or dangerous condition caused
by the design or construction defect, however, SUBDIVIDER shall not be responsible for
routine maintenance. Provisions of this paragraph for Parkland/Landscape
Improvements shall remain in full force and effect for ten years following the acceptance
by the CITY. It is the intent of this section that SUBDIVIDER shall be responsible for all
liability for design and construction of the Parkland/Landscape Improvements installed or
work done pursuant to this Agreement and the CITY shall not be liable for any
negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing,
checking, or correcting any plans or specifications or in approving, reviewing or
inspecting any work or construction. The improvement security shall not be required to
cover the provision of this paragraph.
18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this
property will not relieve SUBDIVIDER from the obligations set forth herein. If
SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION
to any other person, the SUBDIVIDER may request a novation of this Agreement and a
substitution of security. Upon approval of the novation and substitution of securities, the
SUBDIVIDER may request a release or reduction of the securities required by this
Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations
under Paragraph 17 for the work or improvement done by SUBDIVIDER.
R:\SMITHB\BondslParldand Landscape Agreement.doc 16
19.
20.
Time of the Essence. Time is of the essence of this Agreement.
Time for Completion of Work Extensions. SUBDIVIDER shall complete
~
construction of the improvements required by this Agreement no later than c.7.:-,,,Jo. ,z"! 0,",
In the event good cause exists as determined by the City Engineer, and if otherwise
permitted under the tentative map condition, the time for completion of the improvements
hereunder may be extended. The extension shall be made by writing executed by the
Director of Community Services. Any such extension may be granted without notice to
SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the
Surety or Sureties on any security given for this Agreement. The Director of Community
Services shall be the sole and final judge as to whether or not good cause has been
shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the
commencement of work, resulting from an act of CITY, or by an act of God, which
SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather
which prevents the conducting of work, or by strikes, boycotts, similar actions by
employees or labor organizations, which prevent the conducting or work, and which
were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for
an extension of time for completion. As a condition of such extension, the Director of
Community Services may require SUBDIVIDER to furnish new security guaranteeing
performance of this Agreement as extended in an increased amount as necessary to
compensate for an increase in construction costs as determined by the Director of
Community Services.
21. No Vestina of Riahts. Performance by SUBDIVIDER of this Agreement
shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any
change in any zoning or building law or ordinance.
R:\SMITHB\BondslParldand Landscape Agreement.doc 17
22. Notices. All notices required or provided for under this Agreement shall
be in writing and delivered in person or sent by mail, postage prepaid and addressed as
provided in this Section. Notice shall be effective on the date it is delivered in person, or,
if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as
follows unless a written change of address is filed with the City:
Notice to CITY:
City Clerk
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
Notice to SUBDIVIDER:
0::./.&-:,)/ ;7;:._.-th"'~.s ~,h-,e~.s. ~.G/C. ~~ /'
if/~/A-/ "r>_,'/"~~d'---';'-;y_'" ~~~. UV'
~~'}J_"'" ~~..re cA' ~2S87
23. Severabilitv. The provisions of this Agreement are severable. If any
portion of this Agreement is held invalid by a court of competent jurisdiction, the
remainder of the Agreement shall remain in full force and effect unless amended or
modified by the mutual consent of the parties.
24. Captions. The captions of this Agreement are for convenience and
reference only and shall not define, explain, modify, limit, exemplify, or aid in the
interpretation, construction or meaning of any provisions of this Agreement.
25. Litiaation or Arbitration. In the event that suit or arbitration is brought to
enforce the terms of this contract, the prevailing party shall be entitled to litigation costs
and reasonable attorney's fees.
R:\SMITHB\BondslParkland Landscape Agreement.doc 18
26. Incorporation of Recitals. The recitals to this agreement are hereby
incorporated into the terms of this agreement.
27. LeQal Responsibilities. The Subdivider shall keep itself informed of all
local, State and Federal laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its obligations pursuant to this
Agreement. The Subdivider shall at all times observe and comply with all such laws and
regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Subdivider to comply with this section.
28. Entire Aareement. This Agreement constitutes the entire Agreement of
the parties with respect to the subject matter. All modifications, amendments, or waivers
of the terms of this Agreement must be in writing and signed by the appropriate
representative of the parties. In the case of the CITY, the appropriate party shall be the
City Manager.
R:\SMITHBIBondslParkland Landscape Agreement.doc 19
IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its
Mayor.
:~B7tiUvL
,
Name: A!?, :"'-A~/"../ Lf. .h/~N .,."./"
CITY OF TEMECULA
By:
Name:
Title: ~_......, / Title:
54//e,?, ~_-"A_~.s ~,.h7~~...&:~c
By:
Name:
Title:
(Proper Notarization of SUBDIVIDER'S signature
is required and shall be attached)
ATTEST:
By:
Susan W. Jones, CMC, City Clerk
RECOMMENDED FOR APPROVAL:
By:
Name:
William G. Hughes,
Director of Public Works/City Engineer
By:
Name:
, Herman D. Parker
. Director of Community Services
APPROVED AS TO FORM:
By:
Peter Thorson
City Attorney
R:\SMITHB\BondslPar1<land Landscape Agreement.doc 20
EXHIBIT A
(Attach the basis for the estimate of the cost of improvements.)
R:\SMITHBIBondslParldand Landscape Agreement.doc 21
Gallery Homes
Carl J. Bachler
31518-1 Railroad Canyon Road Canyon Lake. Ca. 92587
951-244-7713 Tel. .
951-244-7714 Fax.
hrrl-UAJ -r~t- ~J.iD
U~ ~ltl~:EL
FEB 28 lDO'J
February 24, 2005
QS-1> 04~ OCio"7
Proposal for the construction of:
'Revised'
Gallery Traditions
Temecula, Ca.
This proposal Is based on the plans and specifications of:
Architect:
Speclffcatlons:
Dated:
Sheets:
I.D.L.A.
Per plans
11/1812004
T.1 through l-4 (Front Yards & Interior Slopes)
T-1 through P-3 (Tract #29133 TCSD Maintained Slopes)
PG.l Precise Grading Plan
,
Landscaping - TCSD Maintained Siopes
Irrigation
Planting
(90) Day Maintenance
Sub Total >>>>>>>>>>>>>>>
Landscaping. Street Trves
Provide and ins!all15 gallon street trees. (l51Ea.)
Sub Total >>>>>>>>>>>>>>>
Landscaping - Front Yards & interior Slopes
Drainage (Allowance)
Irrigation '
Planting
(90) Day Maintenance
Sub Total >>>>>>>>>>>>>>>
Sub Totai >>>>>>>>>>>>>>>
$
$
$
1$
$
18
A1.
~.r
ItJ ,~/)
21,55().00
16,350.00
1,500.00
39,400.00 I
1,060.00
1,060.00 I
$ 3,100.00
$ 36,900.00
$ 42,180.00
$ 2,400.00
1$ 84,580.00 I
1$ 126,030.00 I
2885 E. La Cresta. AnRh..im rA O?QI\i:_Il>l" _ ,.,lA\ "'~n u"' ~
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State ot California
County of r:i? \ " E:R. c:, In E
} SS.
On 3/;;J 3/05 before me.CDeee. 'E :.\t', 5\fF.i\l::::
D~
personally appeared <k' 1Q.J nee U.
~ - - - - - ~:;,- - - J
_@ CommIuIon# ltlO5l67
i NoIary ""'*' . CalltJlllo i
j - - - ~~.~~ec:;~~f
~ Name and TJIJa 01 Officer (e.g., "Jane Doe, NoIary Publici
N'1 s,p..(2
Name{s)of Signer(s)
~ personally known to me
o 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/shelthey 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 behaif of which the person(s)
acted. executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
litle or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - litle(s):
o Partner - 0 Limited 0 Generai
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
Number of Pages:
TOp of thumb here
C 1999 National Notaf)'Association. 9350 De SotoAve., P.O. Box 2402. Chatsworth, CA91313-2402' www.nationalnotary.Of{I
Prod. No. 5907
R9Ofder: Call Toll-Free 1-800-87lHi827
CITY OF TEMECULA
P ARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND
Bond No.:' 838061 S
Bond Premium: $946.00 (Tow-Year Term)
WHEREAS, the City of Temecula, State of California, and Gallery Traditions
Partners, LLC (hereinafter designated as "Principal") have entered into an Agreement
whereby Principal agrees to install and complete certain Parkland Improvements, which said
Agreement, dated //? -= r.,. h Z I 20.Q..2.." and identified as Project CSD 03-00XX
(project Description ie: Rancho Califomia Landscaped Median), is hereby referred to and made a
part hereof; and
WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for
the Faithful Performance of the Agreement; Developers Surety
.. And Indemnity
NOW, THEREFORE, we the Pnnclpal and CS'Bflafty as surety, are held
and firmly bound unto the City of Temecula, California, in the penal sum of Thirty-Nine
$ Thousand. Four-Hundred and No/lOO
39,~OQ.Qg ,
lawful money of the United States, for the payment of such sum well and truly to be made, we
bind ourselves, our heirs, successors, executors and administrators, jointly and severally.
The condition of this obligation is such that the obligation shall become null and void if
the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns,
shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions,
and provisions in the Agreement and any alteration thereof made as therein provided, on his or
their part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to his or their true intent and meaning, and shall indemnify and save harmless
the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this
obligation shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs
and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anyway affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the
tenns of the Agreement or the work or to the specifications.
/1/
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on M"TCh 7]
, 2005 .
SURETY
PRINCIPAL
Gallery Traditions Partners, LLC, A Cali-
fornia Limited Liability Company
BY: Gallery Homes, LLC, A California
By:L' 'ted iability Company ,Member
Developers Surety And
::fiI;~
Rolf A M~I1~rh~pfpr
!NAME)
Attorney-in~Fact
(TITLE)
BY
Richard D. ~AME) Hauser
fJi~;:m~g; ng Mpmhpr
(TITLE)
BY:
~AME)
(TITLE)
APPROVED AS TO FORM:
Peter Thorsen
City Attorney
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE. CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make. constitute and appoint:
'''Steven C. Harris, Rolf A. Neuschaefer, jointly or severally'"
as their true and lawful Attomcy(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship giving and granting unlo said Attomey(s)-in-Fact full power and authority to do and to pcrfonn every act necessary, requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and
all ofthc acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signcd by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1,2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized 10 attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of sucb officers may be affixcd to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
tbe future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary Ihis I st day of February, 2005.
c-~~
...........""
......""'...( AND l"'",.
:O"'9:-~:....,.........~b~""~
!~,.....o",POR..q;-..'.~
=t13 ~ c:" ~ \':::1.:-
;",! OCT. ;.q
5~; 10 ios
\'3\ 1936 !~i
\~/'....IOW~ ......;..b/
""~Q""""""" ..,."f.,:o
"""" * l""'"
,.,..."......,
By:
",..~"A7:i2.n
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
)
)SS.
)
COUNTY OF ORANGE
On February 1,2005, before me, Nita G. Hiffmeyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or provcd
to me on the basis of satisfactory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the
samc in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~ d'-Iiff7/A-J
. NrrAG. HIFFMEYER
i COMM. t 1543481
NOIl\RY PIJBUC CAlIFORNIA
ORANGECOUKTY
~ _ _ . ~ ~~n:.~y~~n,_10:~~
CERTIFICATE
The undersigned, as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of
the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
21 March 2005
This Certificate is executed in the City of Irvine, California, the ~ day of
Bya-~ ~
David L. Kerrigan, Executive Vice-President
ID-1380 (Rev. 2/05)
STATE OF CALIFORNIA
COUNTY OF ORANGE
March 21, 2005
} SS.
On
b .< MARIE M. BISTOLAS
. eJore me.
PERSONAUY APPEARED ROLF A. NEUSCHAEFER
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) islare subscribed to the
within instrument and acknowledged to me that he/shelthey executed
the same in hislherltheir autharized capacity( ies), and that by hisllrerltheir
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.
@ Qlj"'~.rjn=oo
Notary NlIc - CaIfomIa
ClIange Countv
Mvc-.&pIIeINcIY 19. 2001
Signature
7h,~~. -n; ~1:'n~A"'./
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF AlTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
Tm.E(S)
Performance Bond
TITLE OF TYPE OF DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
Two
NUMBER OF PAGES
[l ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
March 21, 2005
DATE OF DOCUMENT
SIGNER is REPRESENTING:
NAME OF PERSON(S) OR ENTJTY(fES)
Develoners Surety And
Indemnity Company
SIGNER S OTHER THAN NAMED ABOVE
10-1232 (REV. 5101)
ALL-PURPOSE ACKNOWLEDGEMENT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ~ I "e:;e!'; 10 E:'
} ss,
3/2:3/0c, beforeme:U~l: ~\O s"bTTl;;'
Date ~ ~ Name and T11kl of Officer (e.g., "Jane Ooe,Notary Public1
personally appeared '---=!:':\ 1c..JJ\OeC ~. W AU."'C-{L
Name(s}of Signer(s)
~ personally known to me
o proved to me on the basis of satisfactory
evidence
On
J- - - - ~=#~7-J
i~ ~_-COIIomIa ~
t~~~~eo;;6~2~t
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/shelthey executed
the same in his/herltheir 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.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
litle or Type of Document:
Document Date:
Number of Pages:
Signer{s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
.
Top althumb here
o Individual
o Corporate Officer - litle(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
Q 1999 National Notary Association. 9350 De Solo Ave., P.O. Box 2402' Chatsworth. CA 91313.2402. www.rl8tior1a!notary.org
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
BDnd No.: 838061 S
Bond Premium: Included in Cost of Performance Bond
CITY OF TEMECULA
P ARKLAND/LANDSCAPE LABOR AND MATERIALS BOND
WHEREAS, the City of Temecula, State of California, and Gallery Traditions
Partners. LLC
, (hereinafter designated as "Principal") have entered into an
Agreement whereby Principal agrees to install and complete certain Parkland Improvements,
which said Agreement, dated /"Y? "" ,..... A 2 I
, 200.5, and identified as Project CSD
03-00XX (Project Description ie: Landscaped Median on Rancho California Road), is hereby
referred to and made a part hereof; and
WHEREAS, under the term of said Agreement, Principal is required before entering upon
the performance of the work, to file a good and sufficient payment bond with the City of
Temecula, to secure the claims to which reference is made in Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California; and
Developers Surety And
NOW, THEREFORE, we the principal and Indemnity Company
as Surety,
are held and firmly bound unto the City of Temecula, California, and all contractors,
subcontractors, laborers, materialmen, other persons employed in the performance of the
aforesaid Agreement and referred to in Title 15 of the Civil Code, in the penal sum of
$ 19,700 , lawful money of the United States, for materials furnished or labor thereon of any
kind, or for amounts due under the Unemployment Insurance Act with respect to such work or
labor, that Surety will pay the same in an amount not exceeding the amount set forth.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs
and included in any judgement rendered.
R:\SMmlBlBondslparlcland landscape labor and materials bonddoc
-1-
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
If the condition of this bond is fully perfonned, then this obligation shall become null and
void; otherwise, it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the tenns of the Agreement or to the work to be perfonned thereunder or the
specifications accompanying the same shall in anyway affect its obligations on this bond, and it
does hereby waive notice of any such changes, extension of time, alteration or addition to the
tenns of the Agreement or to the work or to the specifications.
R:\SMITHB\Bonclslparlcland l..cIs.ape labor ..d mum'" bond.doc
-2-
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on
March 21
,2<P~.
(Seal)
(Seal)
SURETY
Developers Surety And
der.mity Comp ny
Gallery Traditions Partners, LLC,
PRINCIPAL A California Limited Liability Cc
Gallery Homes, LLC, A California Limited
BY:rty)y~
BY.,
Richard D. (Name) Hauser
Attorney-in-Fact
(Title)
MRnR~;ng Mp-mber
(Title)
By:
(Name)
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
R:\SMlTIlBIBondslparldand landscape labor and malerials bond.doo
-3 -
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725. IRVINE. CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA. do each, hereby make, constitute and appoint:
"'Steven C. Harris, Rolf A. Neuschaefer, jointly or severally'"
as their true and lawful Attomcy(s)-in-Fact, to make, execute, deliver and acknowledge. for and on behalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship giving and granting unto said Attorncy(s)-in-Fact full power and authority to do and to perfonn every act necessary, requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and
all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attomcy is granted and is signed by facsimile under and by authority of the following resolutions adoptcd by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1,2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President ofthe corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
lhe fUlure with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of February, 2005.
c-~~
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~~~~~~'..t AND ';:"'"
~~a<V "......... 'ro",",
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i'd OCT. \""'.
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\'3\ 1936 .!~j
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'\..,........IOW".....~-4: ,.i'
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....."......
By:
~~"""Ak~
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
)
)SS,
)
COUNTY OF ORANGE
On February 1,2005, before me, Nita G Hiffmeyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
................ J
~. NITA G.HIFFMEYER
i COMM. # 1543481 :Ii
N01l\RY PlJBUC CAUFORNIA g:
ORANGE COUNTY 2
~. Y. ~~~.~~..10:~~
Signature ~ d-~~
CERTIFICATE
The undersigned, as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that t~e provisiom of
the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, arc in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the ~ day of
March
2005
Bya-~ ~
David L. Kerrigan, Executive Vice-President
10-1380 (Rev, 2/05)
STATE OF CAliFORNIA
} SS.
COUNTY OF ORANGE
On March 21, 2005
, before me, MARIE M. BISTOLAS
PERSONAUY APPEARED ROLF A. NEUSCHAEFER
personally known to me lor proved to me on the basis of satisfactory
evidence) to be the personls) whose namels) is/are subscribed to the
within instrument and acknowledged to me thot he/she/they executed
the same in hislherltheir authorized capacity( ies), and that by hislher/their
signaturels) on the instrument the personl s), or the entity upon behalf
of which the personls) acted, executed the instrument.
WITNESS my hond and official seal.
Signature
~A
~. A. .'bJ. .J
OPTIONAL
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
T1TLE(SI
o PARTNER(S)
o LIMITED
o GENERAL
[] ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITV(lES)
Developers Surety And
Indemnity Company
10-1232 (REV. 5101)
DESCRIPTION OF ATTACHED DOCUMENT
Labor And Materials Bond
TITLE OF TYPE OF DOCUMENT
Three
NUMBER OF PAGES
March 21, 2005
DATE OF DOCUMENT
ALL-PURPOSE ACKNOWLEDGEMENT
SIGNER S OTHER THAN NAMED ABOVE
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
} ss
. .
County of 'KW~"''<;IOI;;;
On 3/23/05 beforeme.~\r.::Th Svr:;,-,;::-
oale~ . Name 81ld nle of Officer (e.g., "Janll Doe,NotaryPublic1
personally appeared ~ \(JjAt:.Q '"'D. IJAu~_
Name(s)01 Signer(s)
~ personally known to me
o proved to me on the basis of satisfactory
evidence
l@--- - =~7-l
-, NolaIY NIle . (;aIIDmIO !
I -. RIl._otda eountY
~ _ _ ~~~6:~i
to be the person(s) whose narne(s) is/are
subscribed to the within instrument and
acknowledged to me that he/sheithey 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.
OPTIONAL
Though the information below is not required by law; it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
litle or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
.
Top of thumb here
o Individual
o Corporate Officer - litle(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
C 1999 National Notary Association. 9350 De Solo Ave., P.O. Bol( 2402. Chetsworth, CA 91313-2402' www.nalionalnotary.org
Prod. No. 5907
Reordef:Ca!ITolI-Freel-800-876-6827
Bond No.: 838061S
Bond Premium: Included in Cost of Performance Bond
CITY OF TEMECULA
PARKLANDILANDSCAPE WARRANTY BOND
,"-. I ..-.-....,
~~1l'~~,
V ~, s;:.-..
~~r1:3~
~~~
. "'--------
WHEREAS, the City of TemeCl.da, State of California (hereinafter designated as
Gallery Traditions
'City"), and P"rl'nprs. LLC (hereinafter designated as 'Princlpal")
have entered Into an Agreement whereby Principal agrees to Ineta/i and complete
certain designated Parkland Improvements, which said Agreement, dated
/Y)~,~h 2/
20 c:>.5 . and Identified as Project CSD04-00e7
. is hereby referred to and
made a pIIlt hereof; and
WHEREAS, Principal is required to warranty the work done under the tenns of
the Agreement for a period of one (1) year following acceptance thereof by City against
any defeaIve work or labor done or defective materials furnished, In the amount of ten
percent (10%) of the estimated cost of the Improvements;
~evelopers Surety And
NOW, lHEREFORE, we the Principal anel];REiemRay I;:QIBIHiR~' as
suretY. are held and firmly bound unto ,the City of Temeeula, California, in the penal sum
01$ ~ QuO no
. lawful money of the United states, for the payment of such sum
well and tMy to be made, we bind OUl1Ielves, our heirs, SUQ;esS0f8. executors and
administrators, Jointly and severally. The condition of this obligation Is such that the
obligation shall become null and void if the above-bounded Principal, his or Its heirs,
executors, admlnlstratol'll, successOl'll,' or assigns shall In all things stand to, abide by,
well and truly keep, and perfonn the covenants, conditions, and provisions In the
Agreement and any, alteratfon thereof made as therein providad, on his or their part, to
be kept and perfonnad at the time and In the manner therein specified, and in all
respectS accordIng to his or their true Intent and meaning, and shall Indemnify and save
R:ISMlTRaIBODds\p8lkIaad IlI1clscapo WIlInnty Bond 1.~ :
hannless the City of Temecula, Ita offIcel1l, agents, and employees, as thereIn lItIpulated;
otherwise, this obligation shaD be and remain In full fm:e and ef'fecl
Aa a part of the obligation secured hereby and in addition to the face amount
apedfied therefor, there shall be included costs and reasonable expenses and fees,
Including reasonable attorney's fees, Incuned by City in successfully enforclng such
obligation, all to be taxed as costs and included In any judgement rendered.
The surety hereby stipulates and agrees that no change, exten&lon of time,
alteration or addition to the terms of the Agreeme.nt or to the work to be perfonned
thereunder or the speclftcatlons accompanyIng the same shall In anyway affect its
obligations on this bond, and It does hereby waive notice of any such change, extension
of time, alteration or addition to the tenns of the Agreement or to the work or to the
speclflcatlons.
R:\SMlTHB\Bcmds\p8lt1alld ilDllV'lP" WanaotyBond l.cIoc
IN WITNESS WHEREOF, this inslJument hall been duly executed by the
Principal and Surety above named, OIM~rrh ?1
20J!.L.
(Seal)
(Seal)
SURETY
Developers Surety And
By:
. Gallery Traditions Partners, LLC,
PRINCIPAL A California Limited Liability Co.
(Name)
BY: Gallery Homes, LLC, A California
Lim'ted Liability Company, Member
BY: - L.Qv0-
Richard D. Hauser, Managing Member
(Name)
Ae~9rR87 iB Fast
(TItle)
(Tille)
By:
(Name)
(T1Ue)
APPROVED AS TO FORM:
Paler Thol8On, City Attorney
&:\SMl'l'HBIBOIIds\pm!<I'''d I';'''""?,, Wma:aty Bcmd !.doc
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725. IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
'~Steven C. Harris, Rolf A. Neuschaefer, jointly or severally-
as their true and lawful Attorncy(s)win-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship giving and granting unto said Attorncy(s)-in-Fact full power and authority to do and to pcrfonn every act necessary, requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and
all of the acts of said Attomey(s)-in-Fact. pursuant to these presents. arc hereby ratified and confinucd.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November I. 2000:
RESOLVED, that the Chainuan of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf ofthc corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary ofthc corporations be, and each of them hereby is, authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may bc affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of February, 2005.
c-~~
,111111""""
",""'...t AND """'"
,~'~(y.:,""""""'~~i"~
.f~ ....,,~POR..;:..+....
S(J) /tJ ~\~\
S<<i OCT. ;.<;
i~\ 10 Et'>S
;~'. 1936 i~i
,\\))'. ,"l) ~
~,"'1.':'....IOWflr. .....:.ta:i.
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""'"" * II"""
"'''''11111111
By:
~~""AJ;;;~
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
)
)SS.
)
COUNTY OF ORANGE
On February 1,2005, before me, Nita G Hiffmeyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
S~.' . . ~~~~ii=R' f
NCIIAAY PUBUC CAlIFORNIA I:
ORANGE COUNTY S
~. _. ~ ~~~.~~n,.10:~~
Signarurc ~ d.~pV
CERTIFICATE
The undersigned, as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of
the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
21 March 2005
This Certificate is executed in the City of Irvine, California, the _ day of
~","r7
BY~}~ ~
David L. Kerrigan, Executive Vice-President
10-1380 (Rev. 2/05)
STATE OF CALIFORNIA } SS.
COUNTY OF ORANGE
On March 21, 2005 . before me. MARIE M. BISTOLAS
PERSONALLY APPEARED ROLF A. NEUSCHAEFER
personally known to me ! or proved to me on the basis of salisfaclory
evidence) to be the person!s) whose name!s) is/are subscribed 10 the
within instrument and acknowledged to me that helshe/they executed @ ~~:':':.''''
the same in his/her/theirautharized capacity(ies), and that l1y his/herltheir
signature!s) on the instrument the person!s), or the entity upon behalf
of which the person!s) acted. executed Ihe instrument. HaIary NIle . C-....a
ClIlIno- Cow\ty
WrrNESS my hand and official seal. MvCanm.___19.2Ollll
Signature ~..:.. m. ~...'hl;,_...J
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D INDiVIDUAL
D CORPORATE OFFICER Warranty Bond
TiTlE OF TYPE OF DOCUMENT
TITlE(S)
D PARTNER(S) D LIMITED
D GENERAL Three
Oil ATTORNEY-iN-FACT NUMBER OF PAGES
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER: March 21, 2005
DATE OF DOCUMENT
SIGNER IS REPRESENTiNG:
NAME OF PERSON(S) OR EN11TY(IES)
Develooers Surety And
Indemnity Company
SIGNERlSl OTHER THAN NAMED ABOVE
10-1232 (REV. 5101)
ALL-PURPOSE ACKNOWLEDGEMENT
. . ~
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
Slate of California
County Of~ \ vee!',\~1;!
} ss.
On 3/2:",,/05 beforeme,rue:Be.I~ 30 5VeTIf::
Date ......-:-J Name and Tille 01 Officer (e.g., "Jane Doe, Notary Public"}
personally appeared ---.!S.I (' llAe n 'V. IJ Au~...Q
Name(s)orSigner(s)
~ personally known to me
D proved to me on the basis of satisfactory
evidence
)@--- - :=:'~#S::7 -I
I' NabyNllc-~
j Myeo;~~ec;:v6,2OO1t
----- ----
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/shelthey 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.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
.
Top of thumb here
D Individual
D Corporate Officer - Titie(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
C 1999 Netional Notary Association. 9350 De Solo Ave., P.O. Bo~ 2402. CI1a\swQrth, CA 91313.2402. www.nationalnotary.org
Prod. No,5907
Reorder; Call Toll-Free 1-800-876-6827
,
Surety Bond Review
The attached surety bonds (Developers Surety and Indemnity Co) have been
reviewed. (Gallery Traditions Partners, LLC)
Bond Amount 838061S $ 19,700
$ 3,940
$ 39,400
GaThe surety company is an admitted company in the State of California
lEThe admitted company was verified at
www.insurance.ca.gov/docs/fs/admitted.htm
DThe surety company is not an admitted company in the State of California
Surety bond reference is A.M. Best 2004 version 071400 (A-:FSC V)
Verified by:
-~F' IS .'.'M
us apago os, Isca ervlces anager
Approved As to Form:
Peter M. Thorson, City Attorney
Company Profile
,
Company Profile
Page 1 of2
DEVELOPERS SURETY AND INDEMNITY
COMPANY
17780 FITCH, SUITE 200
IRVINE, CA 92613
Agent for Service of Process
LAWRENCE G. KEPIRO, 17780 FITCH, SUITE 135 IRVINE, CA 92614
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #:
NAIC Group #:
California Company ill #:
Date authorized in California:
License Status:
Company Type:
State of Domicile:
12718
0075
4606-0
August 30, 1999
UNLIMITED-NORMAL
Property & Casualty
IOWA
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of any ofthese
terms, please refer to the glossary.
SURETY
Company Complaint Information
fi ',,-, Company Enforcement Action Documents
Company Performance & Comparison Data
Composite Complaint Studies
http://cdinswww.insurance.ca.gov/ols/wu co orof/idb co nrof lItLI1,,1 M nrnf?n Fm=100170
0'lI'JL\/')1"l1"l<;
ITEM 4
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
Board of Directors
Herman D. Parker, Director of Community servicese
August 9, 2005
DATE:
SUBJECT:
Acceptance of Landscape Bonds and Agreements for Landscape
Improvements of the Wolf Creek Flood Control Channel (CSD04-
0056)
PREPARED BY:
Barbara Smith, Senior Management Analyst ~5
RECOMMENDATION:
That the Board of Directors:
1. Accept the agreement and surety bonds from Standard Pacific Corporation for the installation
of the landscape improvements of the Wolf Creek Flood Control Channel along Pechanga
Parkway.
BACKGROUND: Pursuant to the Joint Community Facilities Agreement dated October
1, 2003, Wolf Creek Development, LLC agreed to install the landscaping within the Wolf Creek
Flood Control Channel that runs adjacent to Pechanga Parkway.
To insure that the landscaping is constructed to City and Temecula Community Services District
(TCSD) standards, the developer is required to sign an agreement and post securities to improve
the area based upon the approved landscape/irrigation plans and the certified construction cost
estimates for the improvements.
Once the landscaping is installed and the TCSD has approved the installation of the landscaped
channel TCSD will take over the maintenance responsibilities of the proposed landscaped
improvements.
As a result, Standard Pacific Corporation has entered into an agreement with the City and has
provided surety bonds, issued by Arch Insurance Company, as follows:
1. Faithful Performance Bond No. SU5014918 in the amount of $1 ,016,874.
2. Labor and Materials Bond No. SU5014918 in the amount of $508,437.
3. Warranty Bond No. SU5014918-A in the amount of $101 ,687.
Upon completion and acceptance of the improvements by the TCSD, staff will recommend the
appropriate release or reduction of the bonds.
R:\SMITIffi\Bonds\Staff Wolf Creek Flood Cootrol Channel.doc
FISCAL IMPACT:
developer.
None. The cost of the landscape improvements will be borne by the
ATTACHMENTS:
Vicinity Map
Agreement/Bonds.
R:\SMITHB\Bonds\Staff Wolf Creek Flood Control Channe1.doc
..~ "ATTACHMENT 1
VICINITY MAP
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ATTACHMENT 2
, h~C' ,.."
City OfTemecula [J~fCl tiHVfO
Community Services Department .o:.J, y
43200 Business Park Drive' Mailing Address: P.O, Box 9033. Temecula, CA 92589.9033 JUN 2 0 200'1
(951) 694-0480. Fax (951) 694-64a8. www,cnvoftemecula,om ,.. > ','
.'YNr",.., ')'
-, \--, '- L ,l\y....~..,I.. v '
I ....'. (' ,
,'~..A.. D ." '.". .", .."<
""U"Ii,1 I. .. ,'" Gc>
It<< 'A'II.I(5W
Name of Subdivider:
Address of Subdivider (street):
Address of Subdivider (city, state, zip):
Contact: /I1;chfle!:r IJ ;fe...
Phone Number: (f)::;J ) 67 R -t".5DD
Name of Subdivision:
CSD04-0056 - Wolf Creek Channel
TR29305-1
Name of Surety:
Address of Surety (street):
Faithful Performance Bond
$508,437.00
$101,687.00
Bond for Warranty
R:\KITCHEL, JanetIBondsl04-0056IParkland Landscape Agreem."t.doc
This Agreement is made and entered into by and between the City of
Temecula, California, a Municipal Corporation of the State of California,
hereinafter referred to as CITY, and the SUBDIVIDER.
RECITALS
A. SUBDIVIDER has presented to CITY for approval and
recordation, a final subdivision map of a proposed subdivision pursuant to
provisions of the Subdivision Map Act of the State of California and the CITY
ordinances and regulations relating to the filing, approval and recordation of
subdivision maps. The Subdivision Map Act and the CITY ordinances and
regulations relating to the filing, approval and recordation of subdivision maps are
collectively referred to in this Agreement as the "Subdivision Laws."
B. A tentative map of the SUBDIVISION has been approved, subject
to the Subdivision Laws and to the requirements and conditions contained in the
Resolution of Approval. The Resolution of Approval is on file in the Office of the
City Clerk and is incorporated into this Agreement by reference.
C. SUBDIVIDER is required, as a condition of the approval of the
tentative map that the Parkland Improvement plans must be completed, in
compliance with City standards, by the Completion Date. ,. The Subdivision Laws
establish as a condition precedent to the approval of a final map, that the
SUBDIVIDER has entered into a secured Agreement with the CITY to complete
the Parkland/Landscape Improvement Plans within the Completion Date.
D. In consideration of approval of a final map for the SUBDIVISION
by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby
promises to install and complete, at SUBDIVIDER'S own expense, all the
Parkland/Landscape Improvement work required by City in connection with
proposed subdivision. Subdivider has secured this agreement by
R:\KITCHEL, JanetIBondsl04-0056IParkland Landscape Agr;!ement.doc
Parkland/Landscaping Improvement Security required by the Subdivision Laws
and approved by the City Attorney. The term "Parkland" includes landscape
areas intended to be maintained by the Temecula Community Services District.
E. Complete Parkland/Landscape Improvement Plans for the
construction, installation and completion of the Parkland Improvements have
been prepared by SUBDIVIDER and approved by the Director of Community
Services. The Parkland Improvement Plans numbered as referenced previously
in this Agreement are on file in the Office of the Director of Community Services
and are incorporated into this Agreement by this reference. All references in this
Agreement to the Parkland Improvement Plans shall include reference to any
specifications for the Improvements as approved by the Director of Community
Services.
F. An estimate of the cost for construction of the Parkland
Improvements according to the Improvement Plans has been made and
approved by the Director of Community Services. The estimated amount is
stated on Page 1 of this Agreement. The basis for the estimate is attached as
Exhibit "A" to this Agreement.
G. The CITY has adopted standards for the construction and
installation of Parkland/Landscape Improvements within the CITY. The
Parkland/Landscape Improvement Plans have been prepared in conformance
with the CITY standards, (in effect on the date of approval of the Resolution of
Approval).
H. SUBDIVIDER recognizes that by approval of the final map for
SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER,
including the right to sell, lease, or finance lots within the SUBDIVISION, and has
taken the final act necessary to subdivide the property within the SUBDIVISION.
R:\KITCHEL, Janet\8ondsl04-Q056\Parkland Landscape Ag~ement.doc
As a result, CITY will be damaged to the extent of the cost of installation of the
Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its
obligation under this Agreement, including, but not limited to, SUBDIVIDER'S
obligation to complete construction of Parkland/Landscape Improvements by the
Completion Date. CITY shall be entitled to all remedies available to it pursuant to
this Agreement and the Subdivision Laws in the event of a default by
SUBDIVIDER. It is specifically recognized that the determination of whether a
reversion to acreage or rescission of the SUBDIVISION constitutes an adequate
remedy for default by the SUBDIVIDER shall be within the sole discretion of
CITY.
NOT, THEREFORE, in consideration of the approval and recordation by
the City Council of the final, map of the SUBDIVISION, SUBDIVIDER and CITY
agree as follows:
1. SUBDIVIDER'S Obliaations to Construct Parkland/Landscapina Improvements.
SUBDIVIDER Shall:
a. Comply with all the requirements of the Resolution of Approval,
and any amendments thereto, and with the provisions of the Subdivision Laws.
b. Pursuant to the requirements of Labor Code Section 1720,
SUBDIVIDER shall pay prevailing wages for all work performed for the
construction, alteration, demolition, installation, or repair for the
Parkland/Landscape Improvement Work required by this Agreement. In
accordance with the provisions of Section 1773 of the Labor Code of the State of
California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contractor from
the Director of the Department of Industrial Relations. These rates are on file
R:\KITCHEL. Janel\Bondsl04-0056\Parkland Landscape Agli$ement.doc
with the City Clerk. Copies may be obtained at cost at the City Clerk's office of
the City of Temecula. Subdivider shall post a copy of such wage rates at the job
site and shall pay the adopted prevailing wage rates as a minimum. Subdivider
shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6,
and 1813 of the Labor Code and other applicable laws and regulations with
respect to the payment of prevailing wages. Pursuant to the provisions of 1775
of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of
$25.00 for each calendar day, or portion thereof, for each laborer, worker, or
mechanic employed, paid less, than the stipulated prevailing rates for any work
done under this Agreement, by it or by any subcontractor under it, in violation of
the provisions of the Agreement or in violation of any applicable laws or
regulations pertaining to the payment of prevailing wages.
c. Complete by the time established in Section 20 of this Agreement
and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement
work required on the Tentative Map and Resolution of Approval in conformance
with the Parkland Improvement Plans and the CITY standards:
d. Furnish the necessary materials for completion of the Parkland
Improvements in conformity with the Parkland Improvement Plans and CITY
standards.
e. Except for easements or other interested in real property to be
dedicated to the Homeowners Association of the SUBDIVISION, acquire and
dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements
and other interests in real property for construction or installation of the
Parkland/Landscape Improvements, free and clear of all liens and encumbrances
for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site
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rights-of-way, easements and other interests in real property shall be subject to a
separate Agreement between SUBDIVIDER and CITY.
2. Acauisition and Dedication of Easements or Riahts-of-Wav. If any of the
Parkland/Landscape Improvements and land development work contemplated by this
Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no
construction or installation shall be commenced before:
a. The offer of dedication to CITY or appropriate rights-of-way,
easements or other interest in real property, and appropriate authorization from
the property owner to allow construction or installation of the Improvements or
work, or
b. The dedication to, and acceptance by, the CITY of appropriate
rights-of-way, easements or other interests in real property, and approved by the
Department of Public Works, as determined by the Director of Community
Services.
c. The issuance by a court of competent jurisdiction pursuant to the
State Eminent Domain Law of an order of possession. SUBDIVIDER shall
comply in all respects with order of possession. Nothing in this Section 2 shall be
construed as authorizing or granting an extension of time to SUBDIVIDER.
3. Securitv. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S
performance of this Agreement by furnishing to CITY, and maintaining, good and
sufficient security as required by the Subdivision Laws on forms approved by CITY for
the purposes and in the amounts as follows:
a. to assure faithful performance of this Agreement in regard to said
improvements in and amount of 100% of the estimated cost of the
Parkland/Landscape Improvements; and
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b. to secure payment to any contractor, subcontractor, persons
renting equipment, or furnishing labor materials for Parkland/Landscape
Improvements required to be constructed or installed pursuant to this Agreement
in the additional amount of 50% of the estimated cost of the Improvements; and
c. to guarantee or warranty the work done pursuant to this
Agreement for a period of one year following acceptance thereof by CITY against
any defective work or labor done or defective materials furnished in the additional
amount of 10% of the estimated cost of the Parkland Improvements. The
securities required by this Agreement shall be kept on file with the City Clerk.
The terms of the security documents referenced on Page 1 of this Agreement are
incorporated into this Agreement by this Reference. If any security is replaced by
another approved security, the replacement shall be filed with the City Clerk and,
upon filing, shall be deemed to have been made a part of and incorporated into
this Agreement. Upon filing of a replacement security with the City Clerk, the
former security may be released.
4. Alterations to Parkland Improvement Plans.
a. Any changes, alterations or additions to the
Parkland/Landscape Improvement Plans and specifications or to the
improvements, not exceeding 10% of the original estimated cost if the
improvement, which are mutually agreed upon by the CITY and SUBDIVIDER,
shall not relieve the improvement security given for faithful performance of this
Agreement. In the event such changes, alterations, or additions exceed 10% of
the original estimated cost of the improvement, SUBDIVIDER shall provide
improvement security for faithful performance as required by Paragraph 3 of this
Agreement for 100% of the total estimated cost of the improvement as changed,
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altered, or amended, minus any completed partial releases allowed by Paragraph
6 of this Agreement.
b. The SUBDIVIDER shall construct the Parkland
Improvements in accordance with the CITY Standards in effect at the time of
adoption of the Resolution of Approval. CITY reserves the right to modify the
standards applicable to the SUBDIVISION and this Agreement, when necessary
to protect the pUblic health, safety or welfare or comply with applicable State or
federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted
an extension of time for completion of the improvements, CITY may apply the
standards in effect at the time of the extension.
5. Inspection and Maintenance Period.
a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape
Improvements in accordance with the City standards in effect at the time of
adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain
proper facilities and safe access for inspection of the Parkland Improvements by
CITY inspectors and to the shops wherein any work is in preparation. Upon
completion of the work the SUBDIVIDER may request a final inspection by the
Director of Community Services, or the Director of Community Service's
authorized representative. City Council authorizes the Director of Community
Services or the Director of Community Services authorized representative to
accept the landscaped medians, perimeter slopes, and parks into the Community
Services Maintenance System which is funded by the Parks and Lighting Special
Tax.
b. SUBDIVIDER shall continue to maintain the
Parkland/Landscape Improvements for ninety (90) days after they have been
certified completed. No improvements shall be finally accepted unless the
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maintenance period has expired, and all aspects of the work have been
inspected and determined to have been completed in accordance with the
Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER
shall bear all costs of inspection and certification.
6. Release of Securities. Subject to approval by Community Services, the
securities required by this Agreement shall be released as follows:
a. Security given for faithful performance of any act, obligation, work
or Agreement shall be released upon the expiration of the maintenance period
and the final completion and acceptance of the act or work, subject to the
provisions of subsection (b) hereof.
b. The Director of Community Services may release a portion of the
security given for faithful performance of improvement work as the Parkland
Improvement progresses upon application therefore by the SUBDIVIDER;
provided, however, that no such release shall be for an amount less that 25% of
the total Parkland Improvement Security given for faithful performance of the
improvement work and that the security shall not be reduced to an amount less
than 50% of the total Parkland/Landscape Improvement Security given for faithful
performance until expiration of the maintenance period and final completion and
acceptance of the improvement work. In no event shall the Director of
Community Services authorize a release of the Parkland/Landscape
Improvement Security, which would reduce such security to an amount below
that required to guarantee the completion of the improvement work and any other
obligation imposed by this Agreement.
c. Security given to secure payment to the contractor, his or her
subcontractors and to persons furnishing labor, materials or equipment shall, six
months after the completion and acceptance of the work, be reduced to an
R:\KITCHEL. Janet\Bondsl04-0056\Parkland Landscape AQ'!)ement.doc
amount equal to the total claimed by all claimants for whom lien have been filed
and of which notice has been given to the legislative body, plus an amount
reasonable determined by the Director of Community Services to be required to
assure the performance of any other obligations secured by the Security. The
balance of the security shall be released upon the settlement of all claims and
obligations for which the security was given.
d. No security given for the guarantee or warranty of work shall be
released until the expiration of the warranty period and until any claims filed
during the warranty period have been settled. As provided in paragraph 10, the
warranty period shall not commence until final acceptance of all work and
improvements by the City Council.
e. The CITY may retain from any security released, and amount
sufficient to cover costs and reasonable expenses and fees, including reasonable
attorney's fees.
7. Iniurv to Public Improvements. Public Propertv or Public Utilities Facilities.
SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case
may be, all public improvements, public utilities facilities and surveying or subdivision
monuments which are destroyed or damaged or destroyed by reason of any work done
under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs
of any and all public property on public utility property damaged or destroyed by reason
of any work done. Under this agreement whether such property is owned by the United
States or any agency thereof, or the State of California, or any agency or political
subdivision thereof, or by the CITY or any public or private utility corporation or by any
combination or such owners. Any repair or replacement shall be to the satisfaction, and
subject to the approval, of the City Engineer.
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8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all
necessary permits and licenses for the construction and installation of the
improvements, give all necessary notices and pay all fees and taxes required by law.
9. Default of SUBDIVIDER
a. default of SUBDIVIDER shall include, but not be limited to,
SUBDIVIDER'S failure to timely commence construction pursuant to this
Agreement; SUBDIVIDER'S failure to timely commence construction of the
Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the
defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to
perform substantial construction work for a period of 20 calendar days after
commencement of the work; SUBDIVIDER'S insolvency, appointment of a
receiver, or the filing of any petition in bankruptcy either voluntary or involuntary
which SUBDIVIDER fails to discharge within thirty (30) days; the commencement
of a foreclosure action against the SUBDIVISION or a portion thereof, or any
conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to
perform any other obligation under this Agreement.
b. The CITY reserves to itself all remedies available to it at law or in
equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY
shall have the right, subject to his section, to draw upon or utilize the appropriate
security to mitigate CITY damages in event of default by SUBDIVIDER. The right
of CITY to draw upon or utilize the security is additional to and not in lieu of any
other remedy available to CITY. It is specifically recognized that the estimated
costs and security amounts may not reflect the actual cost of construction or
installation of Parkland/Landscape Improvements and, therefore, CITY damages
for SUBDIVIDER'S default shall be measured by the cost of completing the
required improvements. The sums provided by the improvement security may be
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used by CITY for the completion of the Parkland/Landscape Improvements in
accordance with the Parkland/Landscape Improvement Plans and specifications
contained herein. In the event of SUBDIVIDER'S default under this Agreement,
SUBDIVIDER authorizes CITY to perform such obligation twenty days after
mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety,
and agrees to pay the entire cost of such performance by CITY. CITY may take
over the work and prosecute the same to completion, by contract or by any other
method CITY may deem advisable, for the account and at the expense of
SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess
cost or damages occasioned CITY thereby; and, in such event, CITY without
liability for so doing, may take possession of, and utilize in completing the work,
such materials, appliances, plan and other property belonging to SUBDIVIDER
as may be on the site of the work and necessary for performance of the work.
c. Failure of SUBDIVIDER to comply with the terms of this
Agreement shall constitute consent to the filing by CITY of a notice of violation
against all the lots in the SUBDIVISION, or to rescind the approval or otherwise
revert the SUBDIVISION to acreage. The remedy provided by this Subsection C
is in addition to and not in lieu of other remedies available to CITY.
SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S
breach shall be in the discretion of CITY.
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d. In the event that SUBDIVIDER fails to perform any obligation
hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY
in securing performance of such obligations, including costs of suit and
reasonable attorney's fees.
e. The failure of CITY to take an enforcement action with respect to a
default, or to declare a breach, shall not be construed as a waiver of that default
or breach or any subsequent default or breach of SUBDIVIDER.
10. Warrantv. SUBDIVIDER shall guarantee or warranty the work done
pursuant this Agreement for a period of one year after expiration of the maintenance
period and final acceptance by the City Council of the work and improvements against
any defective work or labor done or defective materials furnished. Where
Parkland/Landscape Improvements are to be constructed in phases or sections, the one
year warranty period shall commence after CITY acceptance of the last completed
improvement. If within the warranty period any work or improvement or part of any work
or improvement done, furnished, installed, constructed or caused to be done, furnished,
installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this
Agreement or the Parkland/Landscape Improvement Plans and specifications referred to
herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace
or reconstruct any defective or otherwise unsatisfactory part or parts of the work or
structure. Should SUBDIVIDER fail to act promptly or in accordance with this
requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work
twenty days after mailing written notice of default to SUBDIVIDER and to
SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY
determine that an urgency requires repairs or replacements to be made before
SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary
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repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to
CITY the cost of such repairs.
11. Subdivider Not Aoent of Citv. Neither SUBDIVIDER nor any of
SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in
connection with the performance of SUBDIVIDER'S obligations under this Agreement.
12. Iniurv to Work. Until such time as the Parkland/Landscape Improvements
are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to
any of the improvements constructed or installed. CITY shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage, regardless
of cause, happening or occurring to the work or improvements specified in this
Agreement prior to the completion and acceptance of the work or improvements. All
such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
13. Other Aoreements. Nothing contained in this Agreement shall preclude
CITY from expending monies pursuant to agreements concurrently or previously
executed between the parties, or from entering into agreement with other subdividers for
the appointment of costs of water and sewer mains, or other improvements, pursuant to
the provisions of the CITY ordinances providing therefore, nor shall anything in this
Agreement commit CITY to any such apportionment.
14. SUBDIVIDER'S Oblioation to Warn Public Durino Construction. Until final
acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate
warning to the public of each and every dangerous condition existent in said
improvements, and will take all reasonable actions to protect the public from such
dangerous condition.
15. Vestino of Ownership. Upon acceptance of work on behalf of CITY and
recordation of the Notice of Completion, ownership of the improvements constructed
pursuant to this Agreement shall vest in CITY.
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16. Final Acceptance of Work. Acceptance of the work on behalf of CITY
shall be made by the City Council upon recommendation of the Director of Community
Services after final completion and inspection of all Parkland/Landscape Improvements.
The Board of Directors shall act upon the Director of Community Services
recommendations within thirty (30) days from the date the Director of Community
Services certifies that the work has finally completed, as provided in Paragraph 5. Such
acceptance shall not constitute a waiver of defects by CITY.
17. Indemnitv/Hold Harmless. CITY or any officer or employee thereof shall
not be liable for any injury to persons or property occasioned by reason of the acts or
omissions of SUBDIVIDER, its agents or employees in the performance of this
Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials
and employees from any and all claims, demands, causes of action, liability or loss of
any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or
employees in the performance of this Agreement, including all claims, demands, causes
of action, liability, or loss because of, or arising out of, in whole or in part, the design or
construction of the Parkland/Landscape Improvements. This indemnification and
Agreement to hold harmless shall extend to injuries to persons and damages or taking of
property resulting from the design or construction of the Parkland/Landscape
Improvements as provided herein, and in addition, to adjacent property owners as a
consequence of the diversion of waters from the design or construction of public
drainage systems, streets and other public improvements. Acceptance of any of the
Parkland/Landscape Improvements shall not constitute any assumption by the CITY of
any responsibility for any damage or taking covered by this paragraph. CITY shall not
be responsible for the design or construction of the Parkland/Landscape Improvements
pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any
negligent action or inaction taken by the CITY in approving the plans, unless the
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particular improvement design was specifically required by CITY over written objection
by SUBDIVIDER submitted to the Director of Community Services before approval of the
particular improvement design, which objection indicated that the particular improvement
design was dangerous or defective and suggested an alternative safe and feasible
design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER
shall remain obligated to eliminate any defect in design or dangerous condition caused
by the design or construction defect, however, SUBDIVIDER shall not be responsible for
routine maintenance. Provisions of this paragraph for Parkland/Landscape
Improvements shall remain in full force and effect for ten years following the acceptance
by the CITY. It is the intent of this section that SUBDIVIDER shall be responsible for all
liability for design and construction of the Parkland/Landscape Improvements installed or
work done pursuant to this Agreement and the CITY shall not be liable for any
negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing,
checking, or correcting any plans or specifications or in approving, reviewing or
inspecting any work or construction. The improvement security shall not be required to
cover the provision of this paragraph.
18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this
property will not relieve SUBDIVIDER from the obligations set forth herein. If
SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION
to any other person, the SUBDIVIDER may request a novation of this Agreement and a
substitution of security. Upon approval of the novation and substitution of securities, the
SUBDIVIDER may request a release or reduction of the securities required by this
Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations
under Paragraph 17 for the work or improvement done by SUBDIVIDER.
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19. Time of the Essence. Time is of the essence of this Agreement. (',~ \&<
20. Time for Completion of Work Extensions. SUBDIVIDER shall complete ~
construction of the improvements required by this Agreement no later than S/~/'lO~
In the event good cause exists as determined by the City Engineer, and if otherwise. qtO('s
permitted under the tentative map condition, the time for completion of the improvements
hereunder may be extended. The extension shall be made by writing executed by the
Director of Community Services. Any such extension may be granted without notice to
SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the
Surety or Sureties on any security given for this Agreement. The Director of Community
Services shall be the sole and final judge as to whether or not good cause has been
shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the
commencement of work, resulting from an act of CITY, or by an act of God, which
SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather
which prevents the conducting of work, or by strikes, boycotts, similar actions by
employees or labor organizations, which prevent the conducting or work, and which
were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for
an extension of time for completion. As a condition of such extension, the Director of
Community Services may require SUBDIVIDER to furnish new security guaranteeing
performance of this Agreement as extended in an increased amount as necessary to
compensate for an increase in construction costs as determined by the Director of
Community Services.
21. No Vestino of Riohts. Performance by SUBDIVIDER of this Agreement
shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any
change in any zoning or building law or ordinance.
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22. Notices. All notices required or provided for under this Agreement shall
be in writing and delivered in person or sent by mail, postage prepaid and addressed as
provided in this Section. Notice shall be effective on the date it is delivered in person, or,
if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as
follows unless a written change of address is filed with the City:
Notice to CITY:
City Clerk
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
Notice to SUBDIVIDER:
~"11Iw~ PAC-,!'IL C.:JR./)
)..S~ .e. l-,pt.dAJ, 51E. 'l.GD
c...ca..o,.l\f C4tf 't 'l..t'3 7 t
.
23. Severabilitv. The provisions of this Agreement are severable. If any
portion of this Agreement is held invalid by a court of competent jurisdiction, the
remainder of the Agreement shall remain in full force and effect unless amended or
modified by the mutual consent of the parties.
24. Captions. The captions of this Agreement are for convenience and
reference only and shall not define, explain, modify, limit, exemplify, or aid in the
interpretation, construction or meaning of any provisions of this Agreement.
25. Litiaation or Arbitration. In the event that suit or arbitration is brought to
enforce the terms of this contract, the prevailing party shall be entitled to litigation costs
and reasonable attorney's fees.
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26. Incorporation of Recitals. The recitals to this agreement are hereby
incorporated into the terms of this agreement.
27. Leoal Responsibilities. The Subdivider shall keep itself informed of all
local, State and Federal laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its obligations pursuant to this
Agreement. The Subdivider shall at all times observe and comply with all such laws and
regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Subdivider to comply with this section.
28. Entire Aoreement. This Agreement constitutes the entire Agreement of
the parties with respect to the subject matter. All modifications, amendments, or waivers
of the terms of this Agreement must be in writing and signed by the appropriate
representative of the parties. In the case of the CITY, the appropriate party shall be the
City Manager.
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.. '
IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its
Mayor.
CITY OF TEMECULA
By: By:
Name: MI H EL J. WHITE Name:
AUfHORIZEB REfR[3[NrATlV[
Title: Title:
By: md,~
Name:
AUGUST BELMONT
P.U I nUNILl:.U Ht:t"'Ht:;:,t:I\lI/l., lIVE
Title:
(Proper Notarization of SUBDIVIDER'S signature
is required and shall be attached)
ATTEST:
By:
Susan W. Jones, CMC, City Clerk
RECOMMENDED FOR APPROVAL:
By:
Name:
William G. Hughes,
Director of Public Works/City Engineer
By:
Name:
Herman D. Parker
Director of Community Services
APPROVED AS TO FORM:
By:
Peter Thorson
City Attorney
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" .
CALIFORNIA ALl.PURPOSE ACKNOWLEDGEMENT
Gounly of
Riverside
}
SS.
Slale of California
On May 20, 2005
Date
before me,
Lilia Reyes-Torre, Notary Public
Name and Title of Officer
personally appeared Michael J. White and August Belmont
IZI personally known to me
o proved 10 me on the basis of satisfactory
evidence
J@--- - :=~T=:3 - F
!. Notary I'UbIlc - Ca/ffomIo f
j ~C~ d
_ ... ... ~~:.~~1~
10 be the person(s) whose name(s) -isIare
subscribed 10 the wilhin instrumenl and
aCknowledged to me lhat nO/.""'lhey executed
lhe same in ~lheir authorized
capacity(les), and thaI by .J>io,lAerllheir
slgnalure(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
-----.--------.------------...--------OPTIONAl-------------..---------------------------------__.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
, fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tille or Type of Document:
Oocumenl Dale:
Number of Pages:
Signer(s) Olher Than Named Above:
Capaclty(les) Claimed by Signer
Signe~s Name:
o Individual
IZI Gorporate Officer- Tille(s): Authorized Rep.
o Partner - ? Limited ? General
o Attorney-in-Fact
o Truslee
o Guardian or Gonservalor
o Other:
Signer's Representing:
. ,
EXHIBIT A
v
5/"o/d:s"
~
LAND CONCERN
l AND' CAP EA. C H , T , C T U . , C5Yo4-0050
CHANNEL PLAN - TCSD
WOLF CREEK
OPINION OF PROBABLY COST
5rbl.f~~~Wf.~&tl~if[*~$RWkE_J.f4%IIlI$Iif~tf:_m~!tImff.im111i1{~W.t1g~
Apr. 04 '05
IIBIRftRjl!K@iWlftH*
CONCRETE MOW CURB
;_~I\m.l';IENf
..... 'iRRiGATiONTFL.ATAREAS
IRRIGATION I SLOPE AREAS
FINE/FINISH GRADE
SOIL PREP.
HYDROSEEDED TURF
GROUNDCOVER
WEED ABATEMENT
SPECIMEN TREES 60" BOX
SPECIMEN TREES 48" BOX
SPECIMEN TREES 36" BOX
SPECIMEN TREES 24" BOX
SHRUBS 5 GAL
SHRUBS 1 GAL
6.n6
48,606
7n,111
48,606
48.606
777.111
48.606
1
11
50
240
4,152
2,606
L.F. $18.00
HARDSCAPESUBTOTAL
S.F. $1.30
S.F. $0.40
S.F. $0.10
S.F. $0.10
S.F. $0.07
S.F. $0.25
ALLOW
EACH $2,500.00
EACH $1.250.00
EACH $600.00
EACH $225.00
EACH $15.00
EACH $4.50
LANDSCAPE SUBTOTAL
$121.968.00
$121,968.00
$63.187.80
$310.844.40
$4,860.60
$4,860.60
$54,397.77
$12,151.50
$20,000.00
$2,500.00
$13,750.00
$30,000.00
$54,000.00
$62,280.00
$11,727.00
$844,559.67
['fttJiI~[!Itm@iliftRt~,gll\_li~l~il_lllg~}
IRRIGATION I SLOPE AREAS
HYDROSEEDED TURF
__1_~ie.~!IIIIgJ_I&1tI;fi~;ijlJlltjlt1Jifti.$imllk_.ltt~
532.652
532,652
S.F. $0.40
S.F. $0.07
LANDSCAPE SUBTOTAL
$213,060.80
$37,285.64
$250,346.44 .
766,527,67+
250,346.44+
1.016,874'11n
1750 EAST DeeRe AVENUE' SANTA ANA. CA 92705' 949.250,4822' P 949.752.2469' LANDCONClli\l'<l.COM
ROBER.T M. SAWYER
Cal!(ornia Rcgimarion No. 1283
Arizona Rtgiuw;cll No. 16010
NCI.ada Rtgislration No. 273
MICHAEL T.IML.o.Y
ANDkEW C,N. BOWDEN
Clllijornl4RtgiltralicnNc.1801
Califcrnia RtgiHralicn Nc. 1494
Arj~cna RtgistTaricll Nc.16G09
TtxOlRtgislratic" No. 2010
MrCHA!.L J. $WIlSNEY
Col{nTnia Rtgimalion No. 2144
l
CrTY OF TEMECULA
PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND
Bond Number: SU5014918
Premium: $8,135.00
WHEREAS. the C'.iIy of Temecula, Slate of California. and Standard Pacific Corp.,
a Delaware corporatio~ereinafter designated as 'Principal") have entered into an Agreement
whereby Principal agrees 10 install and complete certain P8lkland Improvem8nts. which said
Agreement, dated t1t.4-r "ofL.. 200 r. and identified JlS Project CSD 04-0056 (Wolf
Creek Channel- Pechanga Parkway), is hereby referred to and made a part hereof; and
WHEREAS, Principal is required under the terms of the Agreement to fumish a bond for
the Faithful Pelfonnance of the Agreement;
Arch Insurance Company
NOW, THEREFORE, we the Principal and as surety, are held
and finnly bound unto the City of Temecula, California, in the penal sum of
$ fS1.016,874.00) One Million Sixteen Thousand Eight Hundred Seventy-Four and 00/100
lawful money of the Unitad States, for the payment of such sum woIl and truly to be made, we
bind ourselves, our heirs, SUGN"l;SOOI. executors and administrators, joinUy and severally.
The condition of this obligation is such that the obtigation shan become null and void if
the above-bounded Principal, his or its heir.!, executors. administratolS, SUC<:eSsOIS, 0( assigns,
shaH in all things stand to, abide by, well and truly keep, and perform the covenants. conditions,
and provisions in the Agreement and any alteration lI1ereof made as therein provided, on his or
their part, to be kepi and performed at th8 time and in the manner therein specified, and in all
respects according to his or their true intent and meaning, and shall indemnify and save
hannless tha City of Temecula, its officers, agents, and employees. as therein stipulated;
OVleIWise, this obligation Shall be and remain in full force and effect.
As a part of the obligation S6C\8ed hereby and in addition to the face amount specified
therefor, there shall be Included COSlS aM rllaSOrlable expenSllS and fees, including reasonable
attorney's fees, incurred by City in successfuOy enforcing such obligation, all to be taxed as costs
and included in any judgement rendered.
The surety hereby stipulates and agrees that no change. extension of time. alteration or
addition to the terms of the Agreement or to the work to be perfonned thereunder or the
specifications accompanying the same shall in anyway affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the
lenns of the Agreemet\t or the work or to the specifications.
IN WITNESS WHEREOF. this Instrument has been duly exacuted by the Principal and
Surety above named, on May 17th . :!O 05 . .
SURETY
PRINCIPAL
Standard Pacific Corp., a Delaware corporation
8
BY:
C/3d~
AUGUST BELMONT
A~REPREsENTAnve
ristine Maestas
(NAME)
Attorney-in-Fact
(TITlE)
BY:
IVE
(TITLE)
APPROVED AS TO FORM:
PetorThorsen
City Attomey
R;\KITCHEL Ja~_lallQscop. "~Ille_nce.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
County of
Riverside
}
SS.
Slate of California
On May 20, 2005
Date
before me,
Lilia Reyes-Torre, Notary Public
Name and Title of Officer
personally appeared August Belmonl and Michael J. White
IZI personally known to me
o proved 10 me on the basis of satisfaclory
evidence
I@-~ - :-::=I-r_ - F
_ eom,......... # 1570193
j NoIaIy PublIc . CaIIfomIa f
R1v_C~ -
- - - ~~:.~_~1~~
10 be lhe person(s) whose name(s) -iS1are
subscribed 10 lhe wllhin instrument and
acknowledged to me that M/8he/lhey executed
the same in Fii!l.'J..:..ftheir authorized
capacily(ies), and lhal by ~ie:h..'their
signalure(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
aCled, execuled the inslrument.
WITNESS my hand and official seal.
C/>4~ &~
...------..--------.-..------.........--------......---0PTIONAL----------......---------.--...------------____-.........._.
Though the information below is not required by law, It may prove 'Jaluable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Documenl Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
o Individual
IZI Corporate Officer- Title(s): Authorized Rep.
o Partner -? limited? General
o Allorney.in-Facl
o Trustee
o Guardian or ConservaDr
o Other:
RIGHT THUlvlBPRINT
OF SIGNER
Signer Is Represenling:
STATE OF California } 58.
COUNTY OF Orange
On May 17th. 2005 . before me, Esther A. Stepien, Notary Public
PERSONAlLY APPEARED Christine Maestas
perstmolly mown to me (or proved to me on the basis of MUi.ifactory
evldem:e) to be the penm(s) whose name(s) islore SlIbscribed to the
wilhis inl1rUment and odnow/edged to me thot helshdt1rey executed
the ItIt1Ie inhWlrerltheir autIroriud oopocity(ie.). and thot by hislherltheir
signoture(s)on thein.rtnlntmt the pe1'S01l{s), or the entit)'upon behalf @ m","'~"" !
ofwhidJ the person(s) acted. ueclded the instrument. Commission:f 1361368 z
. NotIIry Public - California ~
WrrNESS my Iumd and officinl seal. Orange C<lunty ; ~
My Comm. E>p;11lS Jun 17, 2006
Signature ~iI.~
ThLt arenfor 0jJici0J NOllIrial Seal
OPTIONAL
Though the data below Is not required by law. tt may prove valuable to persons relying on the document and could
prevent fraudulent realtachment of !his form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o INPMDUAl
o CORPORATE OFFICER Bond Number SU5014918
TITlE OF lYPE OF DOCUMENT
lIlUOtsl
o PARTNER(S) o UMrrED
o GENERAL Two
11!1 ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GUARDlANICONSERVATOR
o OTHER: May 17th, 2005
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NMlECF~OREN11TVtIES)
Arch Insurance Company
Standard Pacific Corp.. a Delaware corporation
SlGNER(S\ OTHER THAN NAMED ABOVE
10-1282 (REV. 5101)
ALL.PURPOSEACKNOWLEDGEMENT
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Paul A. Bland, Dana L. Dowers. Sandra L. Sikora and Christine Maestas of Irvine, CA (EACH)
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on Its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as'binding upon the said
Company as fully and amply to all Intents and purposes, as if the same had'be~ndiJly executed and acknowledged by its
regularly elected offiCers at its principal office in Kansas City, Mi~souri. .../:... .. ."..., ... ..
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chainnan of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behaif of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof. and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous. consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President. or any Vice President. or their appointees
designated in writing and filed with the Secretary. and the signature of the Secretary. the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attomey or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3. 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
00ML0013 00 03 03
Page 1 of 2
Printed in U.S.A.
, . ~:~t
,..""..
~..., I"~
,.,.... . >.
'I'
. ARCH Insurance Company
ARCH Surety
NOTICE -DISCLOSURE OF TERRORISM PREMIUM
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bands on which Arch Insurance Company is the surety.
D1SCLOSU.~E::9~~R.EMIUM .
,The portion of the premium attributable to coverage for terrorist acts certified under the
. Act is Zero Dollars ($0.00).
DISCLOSURE OF fEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay hinety percent (90%) of covered terrorism losses exceeding
the applicable insurer deductible.
CITY OJ'TEMEctlLA.
~~
/ .
/ '.
/~",
.~~\
"r ~~'~~'.'
~:fJ;;t j
. ~ /.
'''-.....---...................
Bond Number: SU5014918
Premium: Included In charge on
Performance Bond
PA.RKLA.NDILANDSCAPE LABOR AND MATERIALS BOND
WHE.ltEAS, the City ofTerucula, State ofCalifomia, IIId Standard Pacific Corp.,
a Delaware corporation, (hereinafler designated as MPrincipal"} have entued into an
Agteement whereby Principal agrees to install and complete certain Parlcland Improvemenll,
which aid Apment, dated AA'r '711... . 20~lIId identified as Project CSD
.
O4-OOS6 - Wolf Creek CltIIIneI, Pechanga Parltway, is hetcby Rlfened to and made a part hereof;
and
WHEREAS, IIIIder tilt: term of said Ageement, Principal is reqllired before entering upon
the perfol1lllllCe of the -rIt, 10 file a Good and sufficient payment bond with the City of
Temecula, to secure the craims to whlcb re!elence is made in Title 15 (oommencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the Stale of California; and
NOW, THElU!PORE, we the principalllld Arch Insurance Company as Surety,
are held and finDly boulJd unto the City of Temccula, California, and all COIItracton,
subcontractors, laborers, materialmen, other pcrsOllS cmployM In the perfonDlllte of the
aforecaid ~t 8lId refcllCd to in Tide I ~ of the Ci\11 Code, in the penal sum of
S 508,437.00: lawful mOney of the United States, for materials furnished or labor thereon of any
kind, or fO\' amoullts due under the Unemployment Insurance Act with respec:t to such work or
Iabor.lhat Surety will pay the sam. in M amount DOt ~ the amount set forth.
As a put of the obligation secured hereby and in addition to the face amount specified
therefor, there shalr be included costs and reasonable expenses and fees, including __onable
attomey's fees, loclU1'ed by City in successfully enfun:ine tuCb obligation, 11I1 to be taxed as coats
and included in any judgement rendered.
* Five Hundred Eight Thousand Four Hundred Thlrty-Seven and 00/100
R~I1'CIlEL, J~'fMd1lld ..........1......1IId _bond.dllC
It i. h.reby ",,1US1)' stipulated and asr-I thlll this bond .hall insw" 10 Ihc benellt of
any IJId .11 persons. companies and corporatioos Illlit1ed to file claim. under Title IS
(commenl)1ng with Selllion 3082) of Part 4 of DiviBion 3 oflbe Civil Code, 80 as to give. tight of
aetion to them or their _iSM in any .uil brought upon dUo bonel.
If the c:onclition of this bond is fully ped"ormed, then litis obligation ahaIl become null and
void; ~. it shill be and remain in full force and effect.
The lII1rfty heMby stipulates ud ~ thalllO change, -..sioa of time, alteration or
addition to the temJJ of the Agreemeat Of to the work to be performed thereunder or the
sper.ificatiOll5 aceompll\)'in& the same shall in anyway .ffect its obligations on this bond, and it
does hereby waive notice of any luch changes, exrensiOll of time, altenrion or addition to the
temJJ of the Agreement or to the work or 10 the specifications.
R:\kITCH2L. Jaan\IIOndo\0C-00S6~ ~ ~.-.... _.....
-2.
IN WlTNl!SS WHWOF, this illllrwl\ellt hall beerI duly executed by the Principal and
Surety abo..~named, on May 17th . 20...!!!..
(Seal)
(Seal)
Standard Paclllc Corp., a Delaware corporation
s one Maestas
(Name)
Attomey~n.fact
(Title)
PRlNCz;r.!;,
8y; U6.
AUGUST BELMONT
AUI HU~tlEPFlESENTAllVE
By:
MICHAEL J. E
AUlHORIZEl/llIIIII!l)RESENTAllVE
(TItle)
APP!l.OVBD AS TO FORM:
Peter 11lorson, City AltlImey
ll'lll.ITCllaL,I~'~b04__""'_Ila_Aoo
-J-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
Gounty of
Riverside
}
SS.
Stale of California
On May 20, 2005
Date
before me,
Lilia Reyes-Torre, Notary Public
Name and Tltfe of Offlcer
personally appeared August Belmont and Michael J. White
IZI personally known 10 me
o proved to me on lhe basis of satisfactory
evidence
l@--- - ~T~a;.:-l
s NokIlY P\illIC - COIIfOmICI
i_ _ _ ~~~';9~~
to be the person(s) whose name(s) J&/are
subscribed to the within instrumenl and
acknowledged to me that RelslTelthey executed
lhe same in -ilisfherllheir authorized
capacity(ies), and thaI by -IlieIIlerllheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, execuled the inslrument.
WITNESS my hand and official seal.
- VdcA~-/~
o Slgnalureof ~
-----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 01 this form to another document.
Description of Attached Document
Title or Type of Document:
Documenl Dale:
Number of Pages:
Slgner(s) Other Than Named Above:
Capaclty(les) Claimed by Signer
Signe~s Name:
o Individual
IZI Gorporate Officer- Title(s): Authorized Rep.
o Partner - ? Limited ? General
o Attorney-in-Fact
o Trustee
o Guardian or Conservalllr
OOlher:
Signer Is Representing:
STATE OF California } ss.
COUNTY OF Orange
On May 17th, 2005 . before me, Esther A. Stepien. Notary Public
PERSONAlLY APPEARED Christine Maestas
,
fM1IOMI1y bwwn to me (or proved to me 011 1M 1Huis of 8tJli&factory
evldmce) to be 1M fNlnDlf(s) whbse ntJIIU!(s) Wore sabscribed to the
wi/lrbt iII_ 0IId odotowkdged /0 "'" dtot hel8/WtIury ex.ecvted
1M _ ill hislherlthdr IlIIIIsori1#l coptJCiI)'(ks). 0IId rhot by ltWhedI/Jeir
si8/l4flUe(s)ontheinstrummt the persorr(s), or tile entity upon behnlf f ESTHERA. STEPIEN I
ofwhicl& 1M penon(s) octed. execllted 1M in.ftI1ltllDlt. ~ COmmission' 1361388. :
~' No1ary Public - California
WrrNESS my hand 0IId ojJU;io1 sea/. Orange COunty
~ _ _ _ _My:o:m~~re:..~17.:.~
SitMlUre /}pjfwu d ."tfrpPJl
17ri.. area for 0jJici0l Nolo.ritJl Seal
OPTIONAL
Though \he data below Is nol requltlld by law, . may prove valuable to persons relying on \he documenl and could
prevent fnwdulenl reallachmenl of lhls form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A1TACHED DOCUMENT
o INDMDUAl
o CORPORATE OFFICER Bond NumberSUS014918
TITlE OF lYPE OF DOCUMENT
11l\E(Sl
o PARTNER(S) o llMrrED
o GENERAL Three
(1g ATTORNEY-IN-FACT NUMBER OF PAGES
o TRUSTEE(S)
o GlIARDIANICONSERVATDA
o OTHER: May 17th, 2005
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
- ""_SlORE>nITYIESl
Arch Insurance Company
standard Paclflc Corp., a Delaware corporation
SlGNEFltSfOTIiER lHAN NAMED ABOVE
1!).12ll2 (REV. 001)
AlL-PURPOSE ACKNOWLEDGEMENT
. ,
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company. a corporation organized and existing under the laws of the State of Missouri, having tts
principal office In Kansas City, Missouri (hereinafter referred to as the .Company") does hereby appoint
Paul A. Bland, Dana L. Dowers, Sandra L. Sikora and Christine Maestas of hvine, CA (EACH)
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on Its behalf as surety, and as Its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collecilon of any promissory note, check, draft or letter of credtt.
This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuanc'eof these'prllSenlS.shall be as'blnding upon the said
Company as fully and amply to all i~tenls and purposes, as If ttie same ha~';'~~r'IdiJlr.~xeCuted and acknowledged by lis
regularly elected offi~rs at Its prinCipal office In Kansas City. Missouri.... <.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretaiy shall have the power and authority to appoint agen'ts and attomeys-in-fact,.
and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, recognizances, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoini agents for acceptance of process..
This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous. consent of the Board of Directors of the Company. on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President. or their appointees
designated In writing and filed wlth the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attomey or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which tt Is attached. shall continue to be valid and binding upon the Company.
00ML0013 000303
Page 1 of2
Printed In U.S.A.
~. ~,> .
,.......
~.l\..
ARCH Insurance Company
ARCH Surety
NOTICE - DISCLOSURE OF TERRORISM PREMIUM
In accordance with the Terrorism Risk Insurance Act. of 2002, we are providing this
disclosu~ notice for bonds on which Arch Insurance Company is the surety.
OISClQSUR50J;...P-REMIUM
, The portion of the premium attributable to coverage for terrorist acts certified under the
Act is Zero Dollars ($0,00). .
DISCLOSURE OF rEDERAL PA.RTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay hinety percent (90%) of covered terrorism losses exceeding
. the applicable insurer deductible.
Bond Number: SU5014918-A
Premium: Included In charge on
Perfonnance Bond
CITY OF TEIIFCUIA
:..----....
~ ",
/~'Il"~ \
/. ~,~
"'r~~~. ;.
~!.~'A
.'~A
"'''-~
PARKlANDILANDSCAPE WARRANTY BOND
WHEREAS, the City of Temecula, State of California (hereinafter designated a8
8_ P_ Corp., . u..ware corporation
.City"), and (hereInafter designated as 'Principal")
have entered into an Agreement whereby Principal agrees to install and complete
certain designated Parkland Improvements, which said Agreement, dated
I'1A1o- I? 'l\. 20 0 :r-, and identified 8S Project CSD04-OO56 Wolf
Creek Channel, 'Pechanga Parkway, is hereby refermd to and made a part hereof: and
WHEREAS, Principal is required to WalTilnty the work done under the terms of
the Agreement for a period of one (1) year following acceptanc:e thereof by City against
any defective WOrk or labor done or defective materials furnished. in the amount of ten
percent (10%) of the estimated cost of the improvements;
NOW, THEREFORE, we the Principal and Arch Insurance Company as
surety, are held and firmly bound unto the City of Temecula. Califomill. in the panal sum
of $ 101,687.00'
. lawful money of the United Stales, for the payment of suell sum
wen and truly to be made, we bind ourselves, our heirs,. succ:essors, executors and
administrators, jointly and severally. The concfitiClll of this obllgatiDn is such that the
obligation shall become null and void If the above..oounded Principal, his or its heirs,
executors, administrators, 8uccessors, or assigns shall ih all things stand to, abide by,
well and truly keep, and perform the covenants, conditions, and proviSions in the
Aglllement and any alteration thereof made as therein provided, on his or their part. to
be kept and ~rformed at the time and in the manner therein specified, and in all
respects accorcling to his or their true intent and meaning, and sha/lindemnify and save
'One Hundred One Thousand Six Hundred Elghty-5even and 00/100
R:If(JTCHE\.. ~1lc_1.~Warr..tr Band, doc
hannlesslf1e city of Temecula, its officers. agents. and employees, 8& therein stipulated;
otherwise, this obligation shall be and remain In full force and effect.
Aa a part of the obligation secured hereby and In addition to the face amount
specified therefor, \here shaD be included costs and reasonable exP8MSes and fees,
includiflg reasonable attorney's fees. incurred by City in successfully enforcing such
. obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that 110 change. extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and It does hereby waive notice of any such chanoe, extension
of time, alteration or addition to the terms of the Agreement or to the work or 10 the
specifications.
,
R:1I<J1'CHa. Jan.\llonds\04~IlS8~IMd'nd __wllI'rInlV BOnd l.doc
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on May 17th
20..M...,.
(Seal)
(Seal)
Arch Insurance Company
:@~.d.o
Christine Maestas
(Name)
Standard PacifIC Corp" a Delaware corporation
PRINCIPAL
By: t:l31.L.__~
AUGUST BELMONT
AUTHORIZED REP(tiIlIIll8rA1lVE
Attorney-in-Fact
(Tille)
By:
MICHAEL. ITE
AUTHORIZED REPRE{Hil4MJlVE
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
R'V<rrcHEL, J'~lnclIandscapeWarrlntv!lotld l.doc
CALIFORNIA ALL.pURPOSE ACKNOWLEDGEMENT
State of California
}
Gounty of
Riverside
On May 20, 2005
Date
before me,
personally appeared August Belmont and Michael J. White
J.- - - - :=r::3- f
i Notary P\bIIc - CaIifcmIa
j ~~-
_ _ _ ~~~:.~~1~~
55.
Lilia Reyes-Torre, Notary Public
Name and Title of OffIcer
IZI personally known to me
o proved to me on lhe basis of satisfactory
evidence
to be the person(s) whose name(s) -ftlIare
subscribed to the within instrument and
acknowledged to me lhat lI8I6IIelthey executed
the same In ~iG!hel'ltheir authorized
capacity(ies), and that by llie!1'1efltheir
signalure(s) on the instrument the person(s), or
the enlity upon behalf of which lhe person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Vj7~~^~
~ ~Ig~;;;~ ~
------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 fonn to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacliy(les) Claimed by Signer
Signe~s Name:
o Individual
IZI Gorporate Officer - Tllle(s): Authorized Rep.
o Partner -? Limited ? General
o Attorney-in-Fact
o Truslee
o Guardian or Gonservalor
o Other:
Signer Is Representing:
Number of Pages:
STATE OF California
COUNTY OF Orange
}~.
011 May 17th. 2005
. Mfo,e me. Esther A. Stepien, Notary Public
PERSONAlLY APPBMlED Christine Maestas
pefM1llllly known 10_ (o'provedto _on 1M basisq8Ol4fiu:10ry
evldenaJ to be 1M penon(sJ whose IIOIIM(sJ /sIore sabst:ribedto the
wilhUt IIrstnuolenllllld odrnawled:ed to "'" dIIIt 1re/shNt1tey executed
1M _ ia/liJtlk..lI1..;, fIIIIiIorl:ud copoc/tJ(le.J, tmd tIJotby ~Ir
siglllltNre(sJon 1M instrrImenl 1M persan{.J. O,IM entity llpOn behnJf
ofwltido 1M persan{.J acted. eJtt!C1I1M 1M _t
Signature
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@ ESTHER A. STEPIEN
_ Commission .1361368 ~
~. Notary Public - California ~
j Orange CoYnty f
_ _ _ ~.:o:m:..~~~1~~
Wn'NESS my 1umd tJIId ojJiciollelll.
m. a.....for 0Jfici0J NOlllrioJ Seal
OPTIONAL
Though Ihe data below Is nol required by law, ft may prove valuable to persons reIytng oolhe documenl and could
prevent fnwdulenl reatlachment of lhls form.
CAPACITY ClAIMED BY SIGNER
DESCRIPTION OF AlTACHED DOCUMENT
o INOMDUAl
o CORPORATE OFACER
l1llE(Sl
Bond Number SU5014918-A
TITlE OF lYPE OF DOCUMENT
o PARTNER(S)
o UMITED
o GENERAl
Three
NUMBER OF PAGES
[lg ATTORNEY.Il#'ACT
o TRUSTEE(S)
o GUARDlANICONSERVATOR
o aTHER:
May 17th. 2005
OATEOFDOCUMENT
SIGNER IS REPRESENTING:
- 0I'1'alllOII{SJ 011 Bof1l1YIESl
Arch Insurance Company
standard Pacific Corp., a Delaware corporation
SIGNE OlliER l1iAN NAMED ABOVE
10-1282 (REV. Ml1)
AlL-PURPOSE ACKNOWLEDGEMENT
. .
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having ~s
principal office In Kansas City, Missouri (herelnaftar referned to as the "Company") does hereby appoint
Paul A. Bland, Dana L. Dowers, Sandra L. Sikora and Christine Maestas of Irvine, CA (EACH)
Its true and lawful Attomey(s)-In-Fact, to make, exacute, saal, and deliver from the date of Issuance of this power for and
on Its behalf as surety, and as Its act'and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make. execute, sea' and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split Into two or more bonds In order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings In pursuance 0; these presents shall be as' binding upon the said
Company as fully and amply to all Intents and. purposes, as If ttie same hacf';'~~ri diliy..~xe<:lJted and acknowledged by Its
regularly elected offlCE!rs at its prinCipal officern Kansas City, M~sourl. .... , '.
This Power of Attomey is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chalnnan of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-In-fact,.
and to authorize them to execute on behalf of the Company, and attach the seai of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoini agents for acceptance of process."
This Power of Attomey is sig~ed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous. consent of the Board of Directors of the Company. on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attomey or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which It Is attached, shall continue to be valid and binding upon the Company.
OOML0013 00 03 03
Page 1 of2
Printed In U.S.A.
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ARCH Insurance Company
ARCH Surety
NOTICE -DISCLOSURE OF TERRORISM PREMIUM
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosu~ notice for bonds on which Arch Insurance Company is the surety.
DJSClOSURE OUR~~IUI\1! "
. The portion of the premium attributable to coverage for terrorist acts certified under the
'Act is Zero Dollars ($0,00). .
DISCLOSURE OF rEDERAL 'PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay hinety percent (90%) of covered terrorism losses exceeding
, the applicable insurer deduCtible.
ITEM 5
APPROVAL
CITY ATTORNEY 'A 'V
FINANCE DIRECTOR ~
CITY MANAGER ( II
U
CITY OF TEMECULA
AGENDA REPORT
FROM:
Board of Directors
Herman D. Parker, Director of Community service~
August9,2005
TO:
DATE:
SUBJECT:
Transfer of Ground Lease for Wireless Personal Communications
Services Facility at Paloma del Sol Park.
PREPARED BY: .M~ Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the Board of Directors approve the transfer of Ground Lease for the
Wireless Personal Communications Services Facility at Paloma del Sol Park from Cox PCS Assets,
L.L.C. to Sprint PCS Assets, L.L. C.
BACKGROUND: On November 17, 1998, the Board of Directors approved a ground lease
with Cox Communications for a wireless Personal Communications Services Facility (PCS) at
Paloma del Sol Park. The improvements include panel antennas on two 80 foot poles and six
cabinets which house appurtenant equipment. The cabinets are located on a 360 square foot
concrete pad and are screened by a chain link fence with vinyl screen slats and buffers by shrubs.
The ground lease calls for lease payments of $1,000 per month for the first year with annual
increases based on the Consumer Price Index (CPI) adjustments. The current lease rate is $1,206
per month.
Cox Communications has assigned their interest in the ground lease to Sprint PCS Assets, L.L.C.,
who has, in turn, subleased the facilities to another affiliate. The facility has subsequently been
leased back to the tenant through a Lease and Lease Back transaction between the tenant and
subtenant. All terms of the lease between the Lessee and the TCSD remain the same.
The term of the lease is for one five-year period with three automatic five-year renewals. An
additional clause allows for automatic one-year extension thereafter for a total possible term of no
more than 33 years.
All construction of the facilities has been completed and they have been functioning for
approximately six years. The maintenance and operations of the PCS facilities has not interfered
with the use and enjoyment of the City's park. Approval of the ground lease transfer is a routine
housekeeping item that will permit the. Lessee to accomplish its business plan. Wireless service
provided to the community from this PCS facility will be uninterrupted.
R:IRUSEPIAGENDASIPDS-Sprinl PCS-8-9-05 csd.doc
FISCAL IMPACT: The current annual lease payment of $14,472 to the TCSD will be made in
monthly installments of $1 ,206 each. Annual lease payment increases based on CPI will continue
throughout the life of the lease agreement. These funds will be used to augment the TCSD park
and recreation operations and maintenance activities.
R:\RUSEPIAGENDASIPDS-Sprint PCS-8-9-05 csd.doc
Recording requested by
and when recorded
return to:
Global Signal Inc.
301 North Cattleman Road
Suite 300
Sarasota, FL 34232
Attn: General Counsel
AGREEMENT REGARDING GROUND LEASE
TillS AGREEMENT REGARDING GROUND LEASE (this "Agreement") is made as
of , 2005, between the party identified as "Landlord" on the signature page hereof
("Landlord") and SPRINT PCS ASSETS, L.L.C., a Delaware limited liability company (f/kJaI Co?, PCS
Assets, L.L.C.) ("Tenant").
REQIIA1S:
A. Landlord and Tenant are now parties to that certain COMMUNICATIONS SITE
GROUND LEASE AGREEMENT dated December 23, 1998, a copy of which is annexed hereto as
Exhibit A (the "Lease"), covering certain real property more particularly described on Exhibit A attached
hereto (the "Property");
B. Pursuant to an agreement dated February 14,2005 by and among Tenant, certain
subsidiaries of Tenant and Global Signal, Inc., the Lease and the property related thereto (the "Premises")
will be assigned to an affiliate of Tenant ("Tenant Affiliate"); and, after such assigmnent, the references
to Tenant herein shall apply to Tenant Affiliate;
C. Pursuant to a sublease (the "Sublease"), Tenant Affiliate will sublease its entire
interest in the Lease to an affiliate of Global Signal ("Subtenant") in exchange for certain prepaid
consideration and Subtenant will then leaseback to Tenant (and/or one or more of its affiliates) the portion
of the leased premises on which Tenant's telecommunications equipment is currently located in exchange
for certain ongoing payments (collectively, the "Lease and Lease Back Transactions");
D. Certain lenders (each, together with their successors and assigns, a "Lender")
may make a loan to Subtenant or certain of its affiliates secured by a mortgage or other security
instrument encumbering Subtenant's interest in the Sublease; and
For good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree as follows:
1
MARGARlT A (RV03XC060_ 4_27_ 05revl)
( 4909-CA)
1. Consent. To the extent any such consent is required by the Lease, Landlord hereby
consents (a) to the assignment of the Lease from the original tenant under the Lease (an affiliate of
Tenant) to Tenant (b) to the acquisition by Tenant Affiliate (or any affiliate thereof), directly or indirectly,
of Tenant's interest in the Lease, (c) to the Sublease (and the recording of a memorandum of the
Sublease) and (d) to the Lease and Lease Back Transaction.
2. Estonool Certificate. Landlord certifies that (and Lender may rely on such
representations) the following statements are true as of the date hereof:
(a) Tenant is the current tenant under the Lease (a full copy of which, including all
amendments thereto, is annexed as Exhibit A), and the Lease is in full force and effect and contains the
entire agreement between Landlord and Tenant with respect to the Property. Landlord is either the owner
of the fee simple interest in the Property or the holder of a valid leasehold interest in the property and the
person or entity signing on behalf of Landlord is authorized to do so and no other person or entity's
signature is required to bind Landlord.
(b) No default exists under the Lease on the part of Ten ant, and, to Landlord's knowledge, no
event or condition has occurred or exists which, with notice or the passage of time or both, would
constitute a default by Tenant under the Lease.
(c) No payments to Landlord are required under the Lease for the Lease and Lease Back
Transactions or otheIWise in connection with the above consents.
3. Agreement with Respect to the Lease and Sublease. Landlord hereby agrees with respect
to the Lease as follows:
(a) Lender and Subtenant shall have all of the rights of Tenant under the Lease, including the
right to exercise any renewal option(s) or purchase option(s) set forth in the Lease, and shall have the
right to assign the Sublease without Landlord's further consent.
(b) Landlord shall deliver to any Lender and Subtenant (in each case at such address as shall
be designated in writing to Landlord) a copy of any default notice given by Landlord to Tenant under the
Lease. No default notice from Landlord to Tenant shall be deemed effective as against any Lender or
Subtenant unless and until notice is detivered to the address set forth in Section 5, Notices, of this
Agreement.
(c) If Tenant defaults on any monetary obligations under the Lease, Landlord shall accept a
cure thereof by any Lender or Subtenant within thirty (30) days after delivery of notice of such defaults.
For non-monetary defaults, Landlord shall not terminate the Lease for so long as a Lender or Subtenant is
diligently pursuing a cure of the default, and if curing such non-monetary default requires possession of
the Property, then Landlord agrees to give the Lender or Subtenant a reasonable time to obtain possession
of the Property and to cure such defautt.
(d) Landlord acknowledges none of Tenant or Tenant Affiliate may terminate, surrender or
cancel the Lease except as provided in the Lease and may not amend the Lease in a manner that
materially increases the liability or obligations of Tenant or Tenant Affiliate or decreases the rights of
Tenant or Tenant Affiliate without the prior written consent of Lender.
(e) If the Lease is terminated by Landlord for any reason, or otheIWise rejected in
bankruptcy, Landlord will enter into a new lease with either Lender or Subtenant on the same terms as the
2
MARGARITA (RV03XC060_ 4_27_05revl)
(4909-CA)
Lease, provided that all past due amounts under the Lease are paid to Landlord within 30 days of notice to
Lender and Subtenant of such tennination.
4. Memorandum of Lease. To the extent the Lease or a memorandum thereof has not
previously been recorded, this Agreement shall constitute a "memorandum of lease" under applicable
State law and may be recorded in the applicable public records, the provisions of the Lease (with certain
financial tenns redacted therefrom) being as set forth on Exhibit A annexed hereto and made a part
hereof.
5. Notices. All notices sent to any Lender or Subtenant shall be in writing and sent by
United States mail postage prepaid or other reputable courier service at the following address: c/o Global
Signal Inc., 301 North Cattleman Road, Suite 300, Sarasota, FL 34232, Attn: General Counsel; or to such
other address as Lender or Subtenant shall have notified Landlord in writing.
6. Miscellaneous.
(a) If this Agreement is inconsistent with the Lease, this Agreement shall control.
(b) This Agreement shall be binding upon Landlord and its successors and shall benefit each
of Lender and Subtenant and their respective successors and assigns.
(c) This Agreement may not be amended or modified except by a written agreement
executed by Landlord, any Lender and Subtenant. This Agreement may be executed in any number of
separate counterparts and all signatures need not be on the same counterpart.
[SIGNATURE PAGES FOLLOW]
3
MARGARITA (RV03XC060_4_27 _OSrevl)
( 4909-CA)
TENANT
IN WITNESS WHEREOF, the undersigned, by its duly elected officer(s) and pursuant to proper
authority has duly executed, acknowledged and delivered this instrument as its true act and deed.
SPRINT PCS ASSETS, L.L.C.,
a Delaware limited liability company (flk/a Cox
PCS Assets, L.L.C.)
By:
Name:
Title:
LANDLORD
IN WITNESS WHEREOF, the undersigned, by its duly elected officer(s) and pursuant to proper
authority of its board of directors has duly executed, acknowledged and delivered this instrument as its
true act and deed.
.
CITY OF TEMECULA, a body corporate and
politic
By:
Name:
Title:
EXHIBIT A
Lease and Legal Description
(see attached)
. .''''
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COMMUNICA nONS SITE GROUND LEASE AGREEMENT
This COMMUNICATIONS SITE GROUND LEASE AGREEMENT ("Lease') is cnlerc<l into b<twccn COX PCS
ASSETS, L.L.C, a Delaware limited liability company ("Less<<'). wholly owned by Cox Communications PCS, L.P.. a
Ddaware Iimiled partnership ("Cox L.P."~ and CITY OF TEMECULA. a body CO'l'DIale and politic ("ltssor").
The parties hemo agree as follows:
\
I. Premises. lessor O\~s the rC'sl property described in Attachment I commonly known as P.loma Del Sol
Park located in the Cit)' or Temecula. Ca1ifonia, APN 950-020-037 ("'Lessor's Propcny"). Subject to the=' following terms
and conditions, Lessor lease:s to Lessee and Lessee leases from Lessor that pOnion of Lessor's Property depicted in Attachment
~. and any applicable easements for access and utilities (the "Premises~'). The precise: location of the Premises shall be IS
dclinatc:d on the plans Lessor uppro"~ under Section S(b) below. Such approved plans shall contralto describe the Premises in
Ihe event of any discrepancy between the delineation of the Premises On the plans and on Attachment 2.
2. Use.
(a) Lc:ssec shall have the right lO use the Premises for providing communication services, inctuding but not
limited to the transmission and reception of radio communication signals on various frtquc:ricics. Such use includes Lessee's
right to install, construct, op~tc; maintain, repair, replace and secure Lesscc's facility. "'Lcssec's Facility" means Lessee's
communications equipment installed on the Premises, including anlcnnas, antenna support structures, poles, dishes or masts,
radio frequency transmitting and m:civing equipment, primary, back.up and temporary power units. interconnection equipment,
equipment cabinets, cabling, wiring, lines, conduitS. pipes and acttSsorics, as the same may be modified, added to. substituted
Imdlor reconfigured from time to time.
(b) L= shan at all limes comply with all applicable laws, codes, rulcs and regulations ",Iating to Lessee's
USe of the Premises mld conduct ofL.cssee's business at the Premises..
3. Is!!!!-
(a) The term of this Lease ("Term') shall Ix; rove (5) yws commencing on the rorst 10 OCcur of (i) the dale
Lessee commcnc~ construction of lessee's Facility (other than minor site preparation) or (ii) 6 months afte:r the dale of this
Lease set forth above the signatures to this Lease ("Commencement Date"). Lessee shall give writt~ nolice to Lessor upon
commencement of construction.
(b) Lt'SSCC shall have the right to C'Xtcnd the Teon for three (3) additional periods offi\'c years each (a "Renewal
Term"). Each Rcol:Wal Teon shall be on the same lerms and conditions as set fon.h in this lease. This Lease shall automatically
be extended for each Ren.;wal Term unless less" notifies Lessor in writing of Lessee's intention not to c:<tend this Lease at
least 90 days prior to expiration of the Tenn or the thcn-existing Renewal Tenn, as the case may be.
---./'
(c) Until and unless lmninllted by either party by giving the other ptuty, at least 90 days before the expil'1ltion of
this Lease Or the end of the then current additional annual period, written notice that no funher exlensions shall occur under this
provision, this Lease shall continue in force upon the same leon lUld conditions for a funher ~iod of one- year and for like
annual pcnods thereafter.
(d) Notwithstanding any contrary provisions of this SiUdon 3, in no 'tVeflt shall the Term. Renewal Tenns and
automatic 8J1nual extensions of this Lease excet:d a total of33 }'cars.
4. Rent
(a) The annual renl for the P",mises ("Annual Rent") initially shall be Twelve Thousand Dollars (SI2,OOO.OO).
Annual Rent shall Ix; payabk in <<Iua' monthly installmentS, in advance, on the ro"t day of <BCh monlh Ix;ginning on the
Commencement Date, If the Commenceme1t Date occurs on a dale Other than the firsl da)' of a month, and/or if lhc Term or
final Rcne\\'aJTerm ends on a date olherthan the lasl day of a month, Ihe monthly installment of Annual Renl shall Ix; plOImed
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for each such partial month. Annual Rent shall be payable to Lessor at its address specified at the end of this Lease, or as Lessor
may otherwise direct from time to lime in writing arleasl30 days prior to an)' rent payment,date:.
(b) The Annual Rent shall be &djusled On the first day or the month in which each anniverS8l}' or the
Commtnc~nt Date occurs throughout the Tenn' and each Renewal Tenn by multiplying the initial Annual Renl by a fraction
the numerator of which is the Index (defined below) published mOst recently before the month in which the adjustment occurs
and the denominator of which is the Index published most recentl)' before me month in which the Commencement Dare occurs,
;'Index" means the Uni1ed Slales Department of Labor, Bureau of Labor Statistics (';Bureau"') Consumer Price lndex (base )'ear
1982-84::::< 100) for Urban Wage Eaml:rS and Clerical Workers for the metropolitan area in which Lessor's Property is located
(all items), If the Index is changed so that the base year differs from that set forth lIbove. the Index shall be converted in
accordance with lhe conversion faelor published by the Bureau. If the Index is discontinued or changed so th81 it is not practical
to obtain a continuous measurement of price changes, the Inde", shall be replaced by a comparable governmental index.
NOlwithstll1'1ding the foregoing, Annual Rent shall increase by II. minimum of three percent (3%) of the amount of Annual Rent
for the immediately prectding 12 month period,
5, Imorovement: Access.
(a) Lessee sha.1I have the right (but not the obligation) at any time following the full execution of this Lease Bnd
prior to the Commcncemml Date to enter Lessor's Propert). for 1he: purpose ofm1lking inspections and engineering surveys (and
soil tC'StS where applicable) and other tests to determine the suitabiHty of me Premiscs for Lessee's Facility and 10 prepare for the
construction of Lcsscc's Facility, Lessee shall repair any damage: to Lessor's Property caUStd by such entering.
(b) The final plans and precise location orthc Premises and Lessee's F~ility shall be subjc:tl to me prior written
approval of Lessor. which Ipay be given b)' initialing and returning to Lessee a copy oftre final plans.
(c) Lessee has the right to do all work necessary B1 its sole cost to prepare. add, maintain and aher the Premises
for Lcsset's FDCility and to Install utility lines and transmission lines connecting antennas, uansmiuers, receivers and other
equipmcnL All of Lesscc's construaion,. installation and maintenance work shall be: performed llt Lessee's sole cost and expense
by licensed and bondable contractors in a good 8Jld worlcmanlikc manner. Work: paformc:d on Lesscc's Facility during the
constNction and maintc:nBl1ce periods shall be outside the adjacent field of play (as shown On Attachment 2, A-I) unless prior
written consent has been obtained by the Community Services Department. During the construction period, Lessee shall provide
temporary Chain-link fencing similar to the existing six (6) foot high chain-link fencing that separates the landscape area from
the field of play (as Sbo"'Jl on Attachment 2, A-I). LeSSor shall not have any responsibility to maintain 1he Premises,
(d) Lessor Shall provide access to Lessct. Lesscc's employees, agents, contractors and subcontractors over and
through Lessor's Property to the Premises 24 hours a day, seven days a week, at no charge to Lcssee. Lessor hereby grants to
Lessee such rights of ingress and egress over Lesso"r's Property as may be: necessary and consistent with the mnhorized use of the
Premises. Subject to Lessor's reasonable rules, Lessor shall permit Lessee's employees, agents. contractors, subcontractors and
invitees to park vehicles on Lessor's Propcrty as n<<cssary and consistent with the authorized use of the Premises. Lessor shall,
a1 its expense, maintain all access roadways or driveways from the nearest. public roadway 10 the Premises in a manner sufficient
10 allow IICCCSS.
(c) Lessee shall have the right to install utilities (including emergency or back-up battery or transportable
generator pO'\l.ocr). at Lessee's c:xpenscJ IU1d to improve the present utilities on or near the Premises. Subject to Lessor's approval
of the location, Lessee shall have the right to place utilities on (or to bring utilities across) Lessor's Property in order to service
the Premises. and Lcss;e's Faciliry. Upon Lessee's ~qucst, Lessor shall execute and record ea.~men1(s) evidencing this righL
(I) Lessee's rights of access and 10 install utilities under this .Section S include, but are nOllimited to, the right to
inslall, maintain and service telephone lines connecting the base station of Lcssee's Facility and lhe minimum point of entry
(MPOE) or other point of presence of the telephone serv;ce provider at Lessor's Property,
6, Interference with Communications.
(a) Lessee's Facility Shall not disturb or interfere with the communications equipment and uses Which exist on
Lessor's Propeny on the date this Lease is fully executed ("'Pre..cxisting Communtcations Facilities"); and Lcsscc:'s Fecility shall
comply with all non-interference rules of the Federal Communications Commission.
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(b) Lessor shall not use or pennit the use of any ponion of Lessor's Property in 8 way which interfcrc:s with the
communicaHons o~l'a.tions of Lessee's Facility. Lessor shall take prompt action Lo terminate any interference with Lessee's
communications operations IhM Lessor has the right to terminate, II11d shall cooperate with Lessee to obtain the termination of
any interference with Lessec's communications opel'ations that is beyond the control of Lessor. Thc parties acknowledge that
continuing interfcrtntt will CllUSC irreparable injury to Lessee. and therefore Lessee shaH hl!ve the right to bring an action
against the inte:rfering party to enjoin such interference. Pre-c.xisting Communications Facilities configured and opms.ting in the
same mDllncr and at the; same frequency as on the date this Lease is fully executed shall not be: subject to this subsection (b).
(c) ]f Lessor receives any request to locate any communications transmining equipment on Lessor's Property
from any third party (a -Carrier"), Lessor shall include in the lease. license Or other agreement with the Carrier a provision
prohibiting the Carrier from interfering with the communications operations of Lessee's Facility and requiring the Carrier to
comply with all the provisions set rorth in the l7cchnical Requirements for Third Party Collocation!: attached to this Lease: illS
Attachment 3 in designing, locating and operating its transmitting equipment and in reoonnguring or changing the frequency or
operation of such equipment.
7. Taxes. Utilities and Maintenance.
(a) If for any reason lessee's Facility as assessed for tax purposes as part of Lessor's Property, Lessc:t shall
reimburse Lessor any increase in Lessor's real property taXes attributable to the "'alue or coSt of Lessee's Facility.
Reimbursement shall be: due 30 days following Lessee's receipt of Il wriltcn request and re:DSOnable c:vitknce of the increase.
Lessee recognizes and undaslonds that this Lease may create a pOssessory interest subject to taxes levied upon such interest, and
agrees to pay MY taxes h::vic:d on the possessory interest.
(b) Lessee shall rully and promptly pay for all utilities furnished to the Premises for the USe, operation and
maintenance of Lessee's Facility. if practicable, Lessee shall install at Lessee's ex.pelisc Il separate electric meter and pay for
electricity directly.
(c) Lessee shall maintain the ~rcmi5Cs and L!!;ssc:e's FaciUty thereon throughout the Term and all Renewal
Tenns In good condition, ordlnzuy wear and tear excepted. Lessee shall not be required to make any repairs to Ltssor's
Property, except as stated in Section 10 below and except for damage to Lessor's Property clJUscd by Lessee, its employees,
agcots. conlractors, subcontractors, subtenants or invitecs.
8. Termination.
(8) This Lease may be tcnnimncd by Lessee: on 30 days prior wriuen nottcc to Lcssor (or IlIlY shorter notice
expressly Stl fonh below), if:
(i) Lessee delivers to Lessor such 30-dillY written notice at any time prior to the Commenctmcnt Date,
for any reasOn Or no reason;
(ii) Lessee determines at any time after the Commencement Date that any governmental or non-
govemmentallicensc, permit, consent, approval, easement or restriction waiver that is nccesSlU)' to enable Lessee or Cox L.P. to
install and operate Lcsscc's facility cannot be obtained or renewed at acceptable expense: Or in an ItCCeptable time period;
(iii) Lessee determines aI.any time after lhe Commencement Date that the Premises arc not appropriate
or suitable for its or Cox L.P. '5 Opc:rolions for.
(^) environmental or technological reasons.. including without IImiwion those I'tsulting from, any
ruling or directive of the FCC or other governmental or regulatory agency, or problems with
signal stn:ngth or interfer;nce not encompassed by subsection (iv) below; provided that the right
to terminate under this subsection (iii)(A) is exercisabh: only if Lessee pays Lessor as D
termination fee the lesser of six monthly Installments of Annual Rent or the balance of Ihe Annual
Rent due for the remaining term of this Lcasci or
(8) economic reasons. including without limitation, those resulting from any ruling or directive of the
FCC or other governmental or regulatory agency, or problems with signal strength or interfereDc.e
not encompassed by subsection (iv) below; provided that the right to tcrminate under this
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subsection (iii) (B) is ex~rcisable only if Lessee pays Lr;SSor as 8 termination fee the lesser of
twelve monthly installments of Annual Rent ot the balance of the Annual Rent due for the
remaining Icrmofthis Lease;
(iv) Any Pr~i5ting Communications Facililic5, or any communications facilities or Qlher stntC!UrtS
of any kind now or hereafter located on or in the vicinity of Lessor's Property, interfere with Lessee's Facility and Lessee is
unable to carretl such interference: through reasonably feasible means;
(v) Lessor commilS a default under this Lease (oaher than under Seelion S or Section 6) and fails to
cure such default within the 3o-d8Y notice period, provided that if the period to diligently cure takes longer than 30 days and
Lessor commences to cure thc'ddaull within the Jo-day notice period. then Lessor'shall have such additional timc.os.shaJlbc
reasonably necessary to diligently effect a complete cure; or Lessor commits a default under Section 5 or Section 6 and fails ro -
cure such default within five (rather than 30) dzys after receiving written notice of such default; or
(vi) Lessee's Futility is totally orpanially destroyed by fire or othercasualt)' at any time during the last
One yenr of the Term or any Renewal Tenn so as to make Lessee's or Cox L.P.'s continued opc:rution of Lesscc's Facility
commercially unreasonabJe.
(b) This Least may be tenninated by Lessor if Lessee commits 8 default under this Lease and rails to cure such
default within (i) ten business days after Lessee receives written notice of lhe default, where the defauh is a failure 10 pay rent
when due, or (ii) 30 days after Lessee receives written notice of any other default and fails to cure such dcfauh, provided that if
the period 10 cure takes longer than 30 days and Lessee commences to cure the default within the 30~day notice pc:riod, then
Lessee shall have such additional time as shall be reasonably necessary to diligently efret't a complete cure.
{c) Upon tcn:nhwtfon, neither party shall have any further rights, obligations or liabilities to the other except: (i)
with respect to provisions oflhis lease which by th~lr sense and eonteXt survive termination; (ii) where termination is by reason
of breach or defa.ult of the other party; and (iii) with respect to the rights and remedies of the: parties relating to the period prior
to termination.
9. DestrUction or Condemnation.
(a) If the Premises or Lessor1s Property IS damaged or destroyed $0 as, in Lesscc's judgment, to hinder Lessee's
or Cox L.P.'s normal operations, Annual Rent shall abate in propol1ion to such interference from the date such damage or
destruction occurs until Lessee or Cox L.P. is able to commence normal operations.
(b) Lessor and Lessee waive IIllY statutory rights to tenninlltc this Lease on account of damage or destruction.
(c) If the whole of the Prt:miscs, or any ponion (hereof which, in Lessee's judgment, renders the balance of the
Premises unsuilable for Lesscc's or Cox L.P.'s nonnal operations. ~ taken by any public ar quasi~public autharity by
condemnalion, ar sold under threat or in lieu of any such takingl whelher separaldy or as part of Lessor's Property, this Lease
shall tenninate as of the date possession is delivered to the condemning Eluthority. Lessee shllll have the right to participate in all
condemnation proceedings lUJdlor negotiations rcgardmg the Premises; the award shall belong to and be paid to Lessor, except
that Lessee shall receive from the award the following: (i) a sum attributable (a Lessee's Facility which Lessee has the right to
remove fram the Premises pursuant to the provisions of this Lease but electS not to remove or, if Lesst:e elects to remove any
such Le$sce's Fucility a sum for reasonable rcmoval and relocation COSls not to exceed the market value of such Lessee's
facility; and (ii) aswn paid to Lessee by the condemnor for loss of goodwill.
10. Title to and Removal of Lesscc's Facllitv. Title to Lessee's Facility and any equipment placed on the
Premises by Lessee shall be held solely by Lessee or Cox L.P., except the eigbty (80) foot light standard installed by Lessee
which will become a part of Lessor's Property when instalJ~, less antennss Md I'1:latcd equipmcnL All of Lesscc's Facility shall
remain lhe personal property of Lessec or Cox L.P. and shall not be treated as real prope:ny or become a pan of Lessor's
Property even though .mxed ther<to (ex<<plth< <ighly (80) foot lighl standard installed by Less<:<, less anlennos and related
equipment). Lessee has the right Dnd obligation aI its sole expense to remoyc all of J,.cssee's Facility on or before the expiration
of this Lease or within 60 days after any earlier termination of this Lease. Lessee shall be obligated to remove underground
installations or below grade support footings Or pads (0 two (2) feet below grade level. Lessee shall repair any damage to
L...essor's Property caused by such removal and restore the Premises to good condition, less ordinary wear and tear.
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II. Insurance. During the Term and any Renewal Term, and thereafter until the removals required under Section
10 are complete, and prior 10 the Conunmccmem Date jf Lessee cntas lessor's Property under Section Sea), Lc.5S<< shall
maintain, at its expense, commercial generalliabilil)' insurance, naming Lessor as an additional insured, providing coverage of
$1,000,000 (,ubjecllo such inc....e' as Lessor may reasonably requi",) per occurrence for bodily injury and propcny dlllllll/!e.
12. Indemnification: WaIver ofSubr028Jion.
(a) Lessee shall defend, indemnify. hold and save L<ssor and Lessor's offi=>, agents, employees, members
and managers harmless from and against any and all loss, C05tS~ Hability or damage (including reasonable auomey's fees and
court costs) artsing by reason of the willful misconduct or negligence of Lessee Or Lessee's officers, agents.. or emplo}tts in
connection with the Premises.
(b) Lessor shall defend, indemnify, hold and sovc Lessee and Lessee's omeen, agenls, employees, members and
manugm harmless from and against any and all.loSSo'costs, liability or damage (including reasonable anomey's fees and court
costS) arising by reasOn of the willful misconduct or negligence of Lessor or Lessor's officers. agents., or c;mploy.:es In.
connection with Lessor's Property.
(c) Notwithstanding any contrary provision of this Lease, each party hereby waives any right to recover from the
other pany or other parry's partners, members, managers, amlial~ agents and employees any loss or damage: resulting from any
cause: or hazard to tht cxtcnl the loss or damage is covered by propcrty insurance carried by the party suffering loss or damage,
including any loss or damage resulting from (ass of the use of any property and provided that at the time of loss the property
insurers for both panics have waiv!;d righls of subrogation. These ,,'aivers shall apply between the parties and to any property
insurer claiming under or lhrough either party as a resnll of any asserted right of subrogation, unless any property insurer has not
waived its right of subrogation (in which case these waivas shall have no effect). Lessor and Lessee each shaH use diligent
efforts to cause itS respective property insurer to include in the insurance policy an endorsement or clause waiving the insurer's
rights of subrogation against Lessee and Lessor, respectively.
13. Tide: Outct Eniovmcnt: Subordiml.lion.
(D) Lessor warrants that (i) it owns good and sufficienttille 10 and interest in L!;ssor's Proper1y, (ii) lhere are no
liens, encumbrances, covenants, rC'strictions or judgments affCCling Lessor's Property which impede or adversely aITed Lessee's
intended use of the Premises, (iii) Lessor has full right, power and authority to executc, deliver and perform this Lease and (iv)
so long as Lessee is not in material default under this Least. Lessee shall have undisturbed, quiet and peaceful use and
enjoyment of the Premises throughout the Tenn and any Renewal Term.
(b) Lessor shall use its best efforts to obtain from each holder of any underlying lease, mongage, land contract,
deed of trust or other existing Jien rights afTecting tbe Premises. with priority over this Lease, II. rttQrdable agreement, in form
reasonably acceptable to Lessee, to recognize and not disturb this Lease and Lessee's right to possession, use and enjoyment
hereunder so long as lessee is not in default At the option of Lessor, this Lease may be subordinated to any future underlying
lease, mortgage, deed of trust or lien affecting the Premises, 8I1d to any renewal, modification or replacement themlf, provided
that the holder thereof e"tcutc:s and ddlvers a recordable non--disturbDncc ag[ttmenl in form ~asonably acceptable to Lessee.
14. Environmental. Lessor represents lha1lO the best of its knowledge the Premises and Lessor's Property have
not been used for the generation, storage, treatment or disposal of Hazardous Materials. In addition. Lessor rqJrtStnIS milt to the
best of its knowledge no Hazardous Materials or undc:rg.round Slorage tanks arc located on or neu the Premises or Lessor's
Property. Notwithstanding any other provision oflhis Lease, Lessee relies upon the representations stated herein as 8 material
inducement for entering into this Lease. During the Term.and any Renewal Tmn, Lessor shall handle, store and dispose of all
Hazardous Materials. it brings onto Lessor's Property in accordance with all federal. Stale and local laws and ~guiations and
shall impose on any lessee, licensee or other pany using any ponion of Lessor's Property the same obligation. Lessee shall not
bring any Hazardous Materials onto the PremiSe'S except for those: contained in its bade-up power batteries (e.g. Ic:ad..acid
baneries) and properly stored, reasonable quantities of common materia.ls used in lel~ommunicalions operations (e.g. cleaning
solv~lS). Lessee shall handle, store and dispose of all Hazardous Materials it brings onto the Premises in accordance with all
federal, Slate and local laws Z1Rd regulations. "'Hazardous Materials" means any substance, chemical, pollul8llt or Wa.sIe that Is
presently idenlified as hazardous, toxic or dangerous under any applicable federal. state or local law or ~gulation and
specifically includes but is not limited to asbestos and asbestos containing materials, polychlorinaled biphenyl's (PCBs) and
petrOleum or other fuds (including crude oil or any fraction Or derivative thereof).
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IS. Resolution of DisPutes.
(a) Except for unlawful detainer Bctions and as set forth in subsection (c) below. all controversies arising oul of
or ~Ialing to this Lease or any related instruments shall be: resolved by submission to final and binding arbitration at the offices
of JAMSlEndispute ("'JAMS") in the count)' in which lessor's Property is located. Such arbitration shall be' conducted in
Accordance with the then most recent version of the JAMS Rules of Pructlce and ProcedlJfC for thl: Arbitnation of Commercial
Disputes C'JAMS Rules] before a single arbitrator selected according to the JAMS Rules. Thc nnal decision of tbe arbitralOr
shall be binding on the pan.ies and shall not be subject to appellate review.
(b) The aggrieved party shall initia1e arbitration by sending written notice of its intention to arbitrate to the other
party 10 this Lease and to JAMS. Such nOlice shall contain a description of the dispute. the amount in controversy. .and the
remedy sought. The parties shall execute any and all documents and statements required by JAMS for the arbitration or
sr:ulemmt of the dispute in accordance with the JAMS Rulr:s. In no event shall any demand for arbitration be madc:--after the
dale \Vhen inSlitution of a legal or equitable proceeding based on s.uch claim ",ould be barred by the applicable statute::. of.
limitations.
(c) NOlwithstanding any provision of lhis Section IS to the contrary. lessor and Lessee shaH be entitled to
obtain immediate equitabli; relief. such as by temporary restraining order and injunction, in statr: or federal court to prevent any
violarion of any of the covenants, conditions or provisions contained in this Lease.
(d) The arbitrator shall have no right or power to award punitive damagesl or to award any relief that could not
be awarded by II ooul'1 Or other tribunal of compc;tent jutisdicllon, but shall have the right and pOwer to award costs and
expenk:s, including but not limited to attorneys' fees, pursuant to Section 16(1).
16. Miscellaneous.
(8) If any provision of this Lease. the deletion Or modirution or which would not adversely aff~t the receipt of
any materi81 benefit by either pany, is declared by a court of competent jurisdicti~n (or by an arbitrator) to be invalid or
unenforceable, then the remainder of this lease shall not be affected thertby and shall continue to be valid and enforceable to the
fullest extent pennitted by law. In lieu of each provision of this Lease that is in'ialid pr unenforceable, there: shall be added as
part oflhis Lcase an enforceable provision as similar in terms to such invalid or uncnforcttlble: provision as possible.
(b) This Lease shall be binding on and inure to the benefit of Ihe successors and permitted assignees of the
rcspeclive panics.
(c) Any notice or demand required herein shall be given personally.: by certified or J't'gistcrtd mail. postage
prepaid. retum rtteipt requested. by C'onfinned fax. or by reliable overnight courier to Ihe address of the respective parties set
forth on the signature page. Any notice served personally shall be deemed delivered upon receipl, served by facsimile
transmission shall be deemed delivered on the date of receipt as shown on the received facsimile, and served by certined or
registered mail or by reliable overnight courier shall be deemed delivered on the date of receipt as shown on the addressee's
registry or certification ofrettipt or on the date receipt ,is refused as shown on the re<:ords or manifest of the U.S. Postal Service
or such courier. lessor or Lessee may from time to time designate any other address for this purpose by written notice to the
other party.
(d) Unless otherwise specified herein. where either Lessor or Lesset:: is l'1:Quiredto obtain the consent or approval
of the other pany. sucb consent shall not be unreasonably wilhheld or delayed and, unless olherwise specifir;d herein. shall be
due within ten businc::ss days of submiuing a wrinm request for consent or approval.
(e) This Lease shall be governed. consuucd and interpreted under the laws ofth!; State ofCalifomia. This Lease
shaU be construed simply. as a whole and in accordance with ilS fair meaning and not stricti)' for or against eithe"r party. This
. Lease shall not be interpreted or construed against the party preparing it.
(1) In the event of any disputt or legl'l proceeding (including arbitralion under Section I S) between the parties
arising out of or relating 10 lhis Lease or its breach. the prevailing party shall be entitled to recover from the non-prc:va.iling party
all fees. costs and expenses. including but not limited ~o atlomeys' and txpen witness fees, incurred in connection with such
dispute or legal proceeding, any counterclaims or cross.complaints. any action to confino. corred or \'acat~ an arbitration award,
any appeals and M)' proceeding to establish and recover such costs and expenses, in sueh amount as the court or arbitrator
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determines rct1SOnable. Any party entering II. voluntary dismissal of an)' legal proceeding without the consent of the oPPOsing
pany in such proceeding shall be: deemed the non.prevBiling party.
(&) Terms and conditions of this L.case which by lhc:ir sense and contc:xt survive: the termination, cancellalion Of
t.\':piration Oflhis Lease will SO survive.
(h) Time is of the essence of tbis Lease.
(i) This Lease including all attachments and riders cOnsldutes the: entire agreement and understanding between
the panics, and supersedes all offers. negotiations and Olher leases and agreements, written or oral, concerning the subject matter
contained herein. There arc no represcntations or understandings of any kind not set forth hen:in. Any amendments to this
Lease shall be effective only if in writing and execuled by both parties.
(j) Neither Lessor's execution of this Lease nor any consent or approval given by Lessor hereunder in its
capaciryas Lessor shall waive, abridge. impair or otherwise affect Lessor"s powers and duties as a governmental bod)'. Any
requiremcols under this Lease that Lessee: obtain consmts or approvals of Lessor arc in addition 10 and not in lieu of any
requirementS of law thal Lessee oblain approvals or l>ennits. However, Lessor shall auempt to coordinate itS procedures for
giving contractual and govcmml;ntal approvals so thaI Lessee's. requests and applic:utions are not unreasonably denied or
deloyed.
(k) This Least includes and incorporateS the following riders attached hertto; Assignmem Rider.
(SIGNATURE PAGE FOLLOWS)
PoIIge7
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'rn WITNESS WHEREOF. the pmie' ha\'e exeeuled thi, lease as of ~eeM..tx( 1..3
LESSOR:
CITY OF TEMECULA
Community Services
District
Bl';~d < ,<J,J=
Nan{3?Mey E. Stone
TiOe; President
ATTEST WITNESS:
'@~e'^J
N". W.IOlles.C C '
Tille: Cityejetk
APPR~O F~RM:
By: ~
NllI1le: ..- M. Thorson
TiOe: Agency.-\I torney
Lessor's AddreJJ. Phone & Fu;
City orremecula
43200 Business Pari< Drive
P.0.90J3
Temecul.. CA 92589.9033
Tel: (909)694-6480
F",,: (909)694-64&&
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LESSEE:
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.1990.
COX pCS ASSETS, L.L.C.. . Del.wlll'< limited liabilit)'
company
llY: Cox Communieations PCS. L.P.
il Delaware limited pannership
its only Mcm
By:
Tille: vice President of Operations and Inl~g.ra1ion
Lessee's Address, P~one & Fax:
AddRss if by mcansiolher than "","er:
P.O. Box 14607' ,
Irvine. Californl. 92623-4607
Ann: Property Monts"
AddIcss ifby ""~
18200 Von Kamwl:
6th Floor. S~ite 63 I
l':Vine. California 92612
Tel: (1141623-57&6
Fax, (714) 623.5190
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LEGAL DESCRIPTION OF LESSOR'S PROPERTY
Those portions of Campanula Way, and Parcels 2 and 3 of Parcel Map 23432 on file
in Book 159, Pages 38 through 61 inclusive, of Parcel Maps, in the City of Temecula,
County of Riverside, State of California, Records of Riverside County, California,
described as follows:
Commencing at a point at the intersection of the Westerly line of said Parcel Map
No. 23432, with the centerline of De' Portola Road, said point being North 730 26'
04" East, 319.95 feet from the intersection of Margarita Road and De Portola Road
as shown on said Map, said. point also being the beginning of a curve concave
Northwesterly and having a radius of 1,200.00 feet; thence Northeasterly along said
centerline of De Portal a Road and said curve through a central angle of 400 24' 52"
846.44 feet; thence departing the centerline of De Portola Road, South 560 58' 48"
East, a distance of 50.00 feet to a point on the Southeasterly 100 feet right-oC-way
line of said De Portola Road; said point being the true point of beginning; thence
along said Southeasterly 100 foot right-of-way line North 330 01' 12" East, a
distance of 200.00 feet to the beginning of a curve concave Southeasterly and having
a radius of 1,160.00 feet; thence along said curve through a central angle of 01028'
23", 29.57 feet; thence departing said Southeasterly 100 foot right-of-way line,
South 51041' 43" East, a distance of 197.34 feet; thence South 480 01' 26" East, a
distance of 370.35 feet; thence South 39028' 00" West, a distance of 733.15 feet to a
point on a non-tangent curve having a radius of 950.00 feet, to which a radial bears
South 250 44' 32" West, thence Northwesterly along said curve through a central
angle of 310 40' 28", 525.18 feet; thence North 320 35' 00" West, a distance of 43.50
feet; thence North 100 46' 22" East, a distance of 31.58 feet to a point on a non-
tangent curve having a radius of 1,250.00 feet, to which a radial bears South 350 52'
13" East, a said point also being on said southeasterly 100 foot right-of-way line of
De Portala Road; thence along said Southeasterly 100 foot right-of way line,
Northeasterly along said curve, through a central angle of 21006' 35", 460.53 feet ta
the true point of beginning.
ATTACHMENT 1
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DEPICTION OF THE PREMISES
AND lESSEE'S FACll..ITY
(SEE ATTACHED)
ATTACHMENT 2
Site No. RlO6O (8)
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TECHNICAL REOUIREMENTS
FOR THIRD PARTY COLLOCATION
In order for Lessor to permit It Carrier to local' on Lessor's Property or to reconfigure or change
frequency or operation of the Carrier's communications facilities (a "Carrier Change"), both the Bpprovals set forth in
Seclions I and 4 below must be obtained from Lessee. according to the following procedures.
I.. The Carrier shall submit to Lessee preliminary plans and technical spccifielllioflS for the propoS('(!
facility Or the Carrier Change. Lessee shall have 15 business days to respond to CBl'Iier in writing with Lessee's
approval or disapproval ofeamer's plans and specifications.
2. If the Carri~'s plans and specifications are nOl approved by lessee, then the Carrier shall revise its
plans and speciflcalions to meet the objections themo set forth in Lessee's wril1en disapproval. No construction,
ins.tallation. teSling or operation of the Carrier's communicalions facilities shall be permiued uJlless and until Lessee
approves the Carrier's plans and sp~iflcations,
3; If the CarTier's plans and specifications are approved by Lessee, the Carrier shall notify Lessee in
\\'riting as to the scheduled dale and lime of commencement of cons.truction and installation of the Carrier's
lransmitting/receiving equipment, or the implementation of the Carrier Cnange, as the CllSC may be, not less than five
business days prior to such date.
4. The Carrier also shall notif)' Lessee in writing five business days prior to the Carrier's pre-
operation transmit test as to the date and time such lest will cOmmencc. The pre-operation transmit test shall be
conductedjoinlly by LeSSCC!' and the Carrier and shall measure:
(8) The signallnmsmit ~vels at the output after the final filter stage on the Carricr's transmit line with
all transmitters keyed up at maximum power,
(b) Antenna isolation bcty.-etn the output of the final filter stage on the Ce.nicr's transmit line and
input line to Lcssee's first receh,~ filter in the base station in Lessee's frequency b~d of operution;
(c) The combination of (i) worst case level measured out of the iCacrier's lransmit line added 10 (ii)
n'Orst cas~ antenna isolation. Such value shall be nO greater than -114dBm in Lessee's Federal Communications
Commission receive and transmit bands of operation. If lessee determines that i~ is experiencing interference, Lessee
shall notify lhe Carrier 10 immediately cease the pre-operation or pre-Carrier C~e transmit lest and the Carrier shall
immediately cease such lest. Thereafter. Lessee shall have two business days to sObmit 10 the Carrier Lessee's wrinen
approvi1l, disapproval or conditional approval orlhe Carrier's imended equipment installation or Carrier Change.
It shall be thc Carrier's responsibility to ensun: that proper filtering and isolation are in place for the pre-
operation or pre-Carrier Change transmit test snd operation of the Carrier's antenna syslem. Any change 10 Ole
Carrier's approved antenna type and location and/or change in tnmsminer types aod power output shall be required to
follow each of the steps set forth in $e-c;tions I and 4 of this Attachment 3.
Lessee may condition its approval of a collocating Carrier's plans and specificalions and/or equipment
installations on such Carrier paying to Lessee an equitable shart of the costs Lessee incurs to design, permit, construct..,
install, maintain and replace any Common Facilities. For Ihis purpose. "Common Facilities" means uny equipment
fltCilities, structures and improvementS Lessee inslalls at the Premises or Lessor's Property Which the collocating
ClUTier will use or benefit from,. such as but not limited to screening. conduits and similar facilities,
ATTACHME/oIT3
LA \ 962070050
Version t/7/98
-_.~~ ~
ClibPDF . www.fastio.com
t..1: ..
ASSIGNMENT RIDER
COMMUNICA nONS SITE GROUND LEASE AGREEMENT
This ASSIGNMENT RIDER supplements the COMMUNICATIONS SITE GROUND LEASE
AGREEMENT ("leose") bel"een COX PCS ASSETS, LLC., a Delaware limited liabili.)' company ("less..."),
wholly owned by Cox Communicstions PCS, L.P., a Delaware limited partnership ("Cox L.P."), and CITY OF
TEMECULA, a body corporate and poli.ic ("Lessor") dilled , 199_. Capilalizc,fleImS
used herein but not defilled herein have the respective meanings set forth in the Lease.
I. NotwithStanding any provision of the Lease to the contrary, and except as provided othCf\\'ise in
Section 3 below, Lessee shall not voluntarily assign or SUbld the Lease: or Lessee's mternt UIlda- the Lease or in the
Premises (a ''transfer.') without the prior ",rium approval of Lessor. Lessor may withhold approval in ils sole
discretion.
2. If Lessee desires at any time to effect a transfer, it shall first deliver to Lessor (II:) a written request
for approval, (b) the name, addn::ss' and most recent financial statemmts of the proposed transferee and (c) the
proposed instrument of assignment or subll;asc. which in the case of assignment shall include a wrillen assumption by
the assignee of all obligations of Lessee under the l..ea.se arising from and after the effective dale of assignment Lessor
shall approvc or disapprove 8 proposed transfer within 30 days after LcSSCt' delivers such items to LtSsor.
3. NotwilhSlanding Seelion I above, Lessee may, without Lessor's approval and in Lessc:c's sole
discrdion, from time to time, do any of the following:
(8) grant to any pcrs~n or CIltity a security interest (illcluding, for example, a StCurity interest of first
lien priority) in some or 0.11 of Leme's Facility andlor other propeny used or to be: used in connection with the
Premises;
(b) assign or pledge Lcsst:C's intereSl in the Lease and Premises to any pl:rson or entity to finance
Lessee's equipmCllt or operate LtSsec's business;
(c) sublellhe Premises to Cox L.P. or otherwise permil Cox L.P. 10 use the P..miscs as provided In
the Lease (in which cu.se Lessee's FaeililY is deemed to mean the communiCations equipment of Cox L.P. installed on
the Premises); and
(d) assign or sublet: (i) to any entity which has, directly or indirectly, a 300.10 or greater interest in
Lessee (8 "P8rmt") or in which Lessee or 8 Parent has a 30010 or greater interest (an OlAffilizrte"); (ii) to any entity with
which Lessee and/or nny Affiliate may merge or consolidate; (iii) to a bUYl;( ofsubstanlmlly all of the outstandillg
owntf3hip units or assets of Lessee: or any Affiliate:; or (Iv) to the holder or transferee of the Fedeml Communications
Commission efCC") license under '\\'hich Lessee's Facility is operated, upon FCC approval of any such transfer. Any
such assignment shall not be effective until the: assignee signs and delivers to Lessor a document in which the asSign"
assumes responsibility for all of Lessee's obligations under the Lease arising from and after the effective date of
assignment
LA \ 962070050
Version 1/7/98
-~'~~.@j
ClibPDF - www.faslio.coll1
,. -
, .
TECHNICAL REOUIREMENTS
FOR THIRD PARTY COLLOCATION
In order for Lessor to pc:nnil a Carrier to locate on Lessor's Property or to reconfigure or ch.ange
frequency or operation of the Carrier's communications facilities (8 "Carrier Change"), both the approvals set forth in
Sections I and 4 betow must be obtained from Lessee. according to the following procedures.
t. The Carrier shall submit to Lessee prelimirwy plans and teChnical specificBlions for the proposed
facility or the Carrier Change. Lessee shaIl have IS business days to respond to Carrier in wriling with Lessee's
approval or disapproval ofCarrier's plans and specifications.
2. Iflhe Carrier's plans and spedfic;ations Me not approved by Lessee, then the ClUTier shall revise its
plans and speclficalions to meet the objections theretO set forth in Lessee's written disapproval. No tonstruclion,
installation, lcning or operation of the Carrier's communications facilities shall be permitted unless and until Lessee
approVC'S the Carrier's plans and specifications.
3. Ir the Carrier's plans and specifiearions are approved by Lessee, the Carrier shall notify Lessee in
wnung as to the scheduled date and time of commencement of construc:lion and installation of the Carrier's
transmitting/receiving equipmenl, or the implementation of the Carrier Change, as the ease may be, not less than five
business days prior to such dale.
4. The Carrier also shall notify Lessee in writing five business days prior to lhe Carrier's pre.
operation transmit test as to lhe date and time such lest will commence. The pre-operation LranSmit test shall be
conducted jointly by Lessee and the Carrier and shall measure:
(a) The signal transmit levels at me output after the final filter stage on me Carrier's transmit line with
all tranSmitters keyed up at maximum power;
(b) Antenna. isolation between the output of the final fitter stage on the Carrier's transmit line and
Input 1I~ to Lessee's first ro:eive filter in the base station in Lessee's frequency band of operation;
(c) The combination of (i) worst case level measured oul of the Carrier's transmit line added to (ii)
worst ease antenna isolation. Such value shall be no greater than -114dBm in lesscc's Federal Communications
Commission receive and transmit bands of operation.. lf lessee determines that it is experiencing interference, Lessee
shall notify the Carrier to immediately cease the prt-operation or pre-Carrier Cmmgc tnmsmit l~t and the Carrier shall
immediately cease such test. Thereafter, Lesscc shall have two business days to submilto the Carrier Lessee's wrine11
approval, disapproval or conditional approval of the Carrier's intended equipment installation or Carrier Change.
11 shall be the Carrier's responsibility to ensure that proper filtering and isolation arc in place for the pre-
operation or pre-Carrier Change transmit test and operation of the Carrier's aruenna. system. Any change to the
Carrier's approved antenna type and location andlor change in transmiuer types and power output shall be required to
follow each of the steps set forth in Sections I and 4 or this Attachment 3.
Lessee may condition its approval of a collocating Carrier's plans and specifications and/or equipment
installations on such Carrier paying to Lessee an equitable share of the costs Lessee incurs lO design, pennit. construct,
install, maintain Dnd replace any Common Facilities. For this purpose, .'Common Facilities" means any equipmenl,
facilities., structures and improvements Le~ installs at the Premises or Lessor's Property which the collocating
Carrier will use Or benefit from, such as but nol limited to screening, eonduirs and similar facilities.
LA \ 962070050
Version 1/7/98
ATTACHMENT 3
5U. No. R1__ (B)
ClibPDF . www.fastio.cotll
6. .. ...
ASSIGNMENT RIDER
COMMUNICA nONS SITE GROUND LEASE AGREEMENT
This ASSIGNMENT RIDER supplements the COMMUNICATIONS SITE GROUND LEASE
AGREEMENT ("Lease") between COX J>CS ASSETS, L.L.C., a Delaware limited liability company ("Lessee").
wholly owned by Cox Communications PCS, L.P., a Delaware Iimilid Partncrsh.!Z:!;COX Y."). and CITY Of
TEMECULA, a body eOlJlOra1e and polilie ("Lessor") dated 17~JI.f(;,\JYj( . 199E. Capilalizc:d lerrnS
used herein but not dc:fined herein have the res.pective meanings set forth in the Lease.
l. Notwithstanding any provision of the Lease to the contrary, and except as providc:d othc:rwisc in
Stction 3 below, Lessee shall not voluntarily assign or sublct the Leasc or Lessec's intcrc:sl under the: LtllSl; or in the
Premises (a ';transfer") without the prior writ!"cn approval of Lessor. Lessor may withhold approval in its sole
discretion.
2. If Lessee desires. at any time to elTect a transfer, it shall first deliver to. Lessor (a) a written request
(or approval. (b) lhe name, address and most recent financiaJ stall::ments of {he propOsed tr8l1sfen::c: and (c).the
proposed instrumQ1t of assignment or sublease, which in the case o( assignment shall include a wrincn assumption by
the assignee orall obligations of Lessee under the Lease arising from and after the effc:ctive: dale of assignment. Lessor
shall approve or disapprove a proposed transfer within 30 days after Lessee delivers such items to Lcssor.
3. Notwithstanding Section I above, Lessee may, without Lessor's upproval and in Lcssee's sole
discretion. from time to time, do any of the foJlowing:
(a) glll1lt to any person or entity a Sl=curity interest (including, for example:, 8 se:curity interest of first
lien priority) in some or all of Lessee's Facility and/or other property used or to be used in connection with the
Praniscs;
(b) assign or pledge Lessee's interest in the ~asc and Prtn':'iscs to any person or entity to finance
Lessec:.s equipment or operate Lessee's business;
(c) sublet the Premiscs 10 Cox L.P. or othem'ise pennit Cox L.P. to USC' the Premises as provided in
the Lease (in which cast Lessee's Facility is deemed to mean the communications equipment of C01( L.P. installed on
the Premises); and
(d) ass.ign or sublet: (i> to any. entity which has, dircxtly or indirectly, a 30% or greater interest in
Lcssce(a "Parent") or in which Lessee or a Parent has a 30% or greater intercs:t{an "Affiliate''); (ii) to any entity with
which Lessee and/or any Affiliale ma)' merge or consolidate; (Hi) to a buyer ofsubstantiaJly all oflhe outstanding
ownership units orasselS of Lessee Or any Affiliate; or (iv) to the holder or transferee of the Federal Communicutions
Commission ('"FCC") license under which ~ssee'5 Facility is operated, upon FCC approval of any such transfer. Any
such assignment shall not be effective until the assignee signs and delivers to Lessor a document in which the assignee
assumes ~sponsibility for all of Lessee's obligations under the Lease arising from and after the effective date of
assignment.
U\ \ 062070050
Version 1/7/98
Site No. RJ060 (B)
ClibPDF - www.fastio.com
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
JULY 26, 2005
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:42
P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT: 4
AGENCY MEMBERS
Comerchero, Edwards, Washington,
and Roberts
ABSENT: 1
AGENCY MEMBERS:
Naggar
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 July 12, 2005.
2 Status Update on the Temecula Education Center
RECOMMENDATION:
2.1 Receive and file report.
MOTION: Agency Member Washington moved to approve Consent Calendar Item Nos. 1 - 2.
The motion was seconded by Agency Member Edwards and electronic vote reflected approval
with the exception of Agency Member Naggar who was absent.
DEPARTMENTAL REPORT
No additional comments.
EXECUTIVE DIRECTOR'S REPORT
No additional comment.
AGENCY MEMBERS' REPORTS
No additional comments.
R:\Minutes.rda\072605
ADJOURNMENT
At 7:43 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, August 9, 2005 in the City Council Chambers, 43200 Business Park Drive, Temecula,
California.
Ron Roberts, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R\Minutes.rda\072605
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ITEM 2
APPROVAL
CITY A HORNEY
FINANCE OFFICER
CITY MANAGER
TEMECULA CITY COUNCIL AND REDEVELOPMENT AGENCY
AGENDA REPORT
DATE:
August 9, 2005
TO:
FROM:
Executive Director/Agency Members
City Manager/City Council
John Meyer, Redevelopment Director21Ml1
First Amendment to the Owner Participation Agreement for Dalton II Mixed Use
Affordable Housing Project
SUBJECT:
RECOMMENDATION: That the City Council:
1. Adopt a Resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A FIRST AMENDMENT TO THE
OWNER PARTICIPATION AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND D'AL TO PARTNERS LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
2. That the Temecula Redevelopment Agency adopt a Resolution entitled:
RESOLUTION NO. RDA 05-_
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF TEMECULA APPROVING THE FIRST
AMENDMENT TO THE OWNER PARTICIPATION
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF TEMECULA AND D'ALTO PARTNERS
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
R:\Housing 2005\Dalton II OPA Amendment Staff Report OaD905.doc
BACKGROUND: On May 10, 2005, the Agency entered into an Owner Participation Agreement
(OPA) with D'Alto Partners (Dalton) to develop a mixed use affordable housing project in Old Town.
The project consists of 24 units of affordable housing over approximately 5,000 sq. ft. of commercial
space.
Per the OPA, the Agency's contribution is $3 million. The amendment to the OPA does not change
the amount of the Agency's contribution. Rather, the amendment defers the timing of our
contribution. Under the original OPA the contribution acted as a construction loan. Under this
amendment, the contribution will serve as a "take out" loan, meaning the Agency will not make the
contribution until the project is completed. This change was requested by the Dalton's and reduces
the risk level of the Agency's financial contribution to the project.
CONCLUSION
This project remains an attractive project for the Agency. In addition to providing affordable housing,
this project will further revitalize the Old Town district and continue to set high standards for all new
development in the area.
FISCAL IMPACT: As outlined in the body of the report, the Agency's total contribution for the
project remains at $3 Million. During the approval of the OPA, the Council made the necessary
appropriation to fully fund this project.
Attachments:
Council Resolution No. 05-_
Agency Resolution No. 05-_
First Amendment to Owner Participation Agreement
R:\Housing 200S\Dallon /I OPA Amendment Slatt Report OB090S.doc
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPROVING A FIRST
AMENDMENT TO THE OWNER PARTICIPATION
AGREEMENT BETWEEN THE CITY OF TEMECULA
AND D'ALTO PARTNERS, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY
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 D' ALTO PARTNERS, LLC, ("Developer") have entered into
a Owner Participation Agreement dated as of May 10,2005 (the "OPA") 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 "take out 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, and commercial/retail located on
the north side of 5th Street in the City of Temecula. The Developer shall construct a four
story mixed-use building consisting of twenty four (24) affordable housing units and 4980
square feet of commercial/retail space. The affordable units will consist of 18 one bedroom
units @ 597 square feet and six (6) two bedroom units @735 square feet. The
commercial/retail space will be located on the first floor and the affordable units located on
the second through fourth floor. Capitalized terms used but not defined herein shall have
the meaning set forth in the OPA.
B. City and Developer desire to clarify and modify some ofthe terms of
the OPA and the Agency Loan.
C. The approval of this First Amendment by the Agency constitutes an
action by the City to authorize an amendment to defer the timing of the City's contribution.
Under the original OPA, the contribution acted as a construction loan. Under this
amendment, the contribution will serve as a "take out" loan, meaning the Agency will not
make the contribution until the project is completed.
Section 2. The City Council hereby approves that certain agreement entitled
"First amendment to OP A " between the City and D' ALTO PARTNERS, 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:\Housing 2005\dalton 1 stamendedopacityreso.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:\Housing 2005\dalton Istamendedopacityreso.DOC
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula at a regular meeting held on the 9th day of August, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:\Housing 2005\daltonlstamendedopacityreso.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. 05- was duly and regularly adopted by the City Council ofthe City of
Temecula at a regular meeting thereof, held on the 9th day of August 2005, by the following
vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
R:\Housing 2005\dalton Istamendedopacityreso.DOC
RESOLUTION NO. RDA NO. 05-
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE REDEVELOPMENT AGENCY OF THE CITY
OF TEMECULA APPROVING A FIRST
AMENDMENT TO THE OWNER PARTICIPATION
AGREEMENT BETWEEN THE AGENCY AND
D' AL TO PARTNERS, LLC, A CALIFORNIA LMITED
LIABILITY COMPANY
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 D' ALTO PARTNERS, LLC, ("Developer") have entered
into a Owner Participation Agreement dated as of May 10, 200S, the ("OPA") 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 "take out 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,
commercial/retail located on the north side of Sth Street in the City of Temecula. The
Developer shall construct a four story mixed-use building consisting of twenty four (24)
affordable housing units and 4980 square feet of commercial/retail space. The affordable
units will consist of 18 one bedroom units@S97 square feet and six (6) two bedroom units
@73S square feet. The commercial/retail space will be located on the first floor and the
affordable units located on the second through fourth floor. 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 OP A and the Agency Loan.
C. The approval of this First Amendment by the Agency constitutes an
action by the Agency to authorize an amendment to defer the timing of the Agency's
contribution. Under the original OP A, the contribution acted as a construction loan. Under
this amendment, the contribution will serve as a "take out" loan, meaning the Agency will
not make the contribution until the project is completed.
Section 2. The Board of Directors of the Redevelopment Agency of the City of
Temecula hereby approves that certain agreement entitled "First Amendment to OPA"
between the Agency and D' AL TO PARTNERS, 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
R:\Housing 2005\daltonlstamendopardareso.DOC
Agreement, including related exhibits and attachments on behalf ofthe Agency. A copy of
the final Agreement when executed by the Agency Chairperson shall be placed on file in the
Office ofthe Secretary ofthe Agency.
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.
Resolution.
The Secretary of the Agency shall certify the adoption of this
R:\Housing 2005\daltonl stamendopardareso.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 9th day of August,
2005.
Ron Roberts, Chairperson
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R:\Housing 2005\dalton I stamendopardareso.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. 05- was duIy and regularly
adopted by the Board of Directors of the Redevelopment Agency of the City ofTemecuIa at a
regular meeting thereof, held on the 9th day of August, 2005, by the following vote, to wit:
AYES:
BOARDMEMBERS:
NOES:
BOARDMEMBERS:
ABSENT:
BOARDMEMBERS:
ABSTAIN:
BOARDMEMBERS:
Susan W. Jones, CMC
City Clerk/Agency Secretary
R:\Housing 2005\dalton Istamendopardareso.DOC
FIRST AMENDMENT TO
OWNER PARTICIPATION AGREEMENT
THIS FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT (the
"Amendment") is dated as of , 2005 and is entered into by and between the
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and
politic ("Agency") and D'ALTO PARTNERS, LLC, a California limited liability company
("Developer").
RECITALS
A. Agency and Developer entered into an Owner Participation Agreement dated as
of May 10, 2005 (including all exhibits thereto, the "OP A") which provided for the execution,
delivery and recordation of a Regulatory Agreement between Agency and Developer (the
"Regulatory Agreement"). The OPA contemplated that the Agency would make a $3,000,000
construction loan to Developer to enable the Developer to construct affordable housing (the
"Project") on the Property. Capitalized terms used but not defined in this Amendment shall have
the meanings ascribed thereto in the DDA.
B. Developer and Agency desire to modify the DDA to provide that the Agency will
make a $3,000,000 permanent loan to Developer after the Project is completed rather than a
$3,000,000 construction loan.
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:
O. OPA Modification. (a) The Agency hereby agrees to make a permanent loan to
Developer on the terms and subject to the conditions of the letter attached hereto as Exhibit "A".
(b) The term "Agency Loan" as used in the OPA shall mean such
permanent loan, and the term "Loan Documents" as used in the OP A shall mean the promissory
note, deed of trust, Regulatory Agreement and other loan documents that the Borrower shall
execute to document and secure such permanent loan. Section 1.1.15 of the OP A is hereby
deleted; no loan agreement will be required for the permanent loan.
hereby deleted.
(c) Sections 2.8, 5.1 (iii) and (v)-(xii), and 5.5 of the OPA are
(d) The phrase "upon the execution of this Agreement" is hereby
deleted from the beginning of Section 5.2.
O. General Provisions.
Entire Agreement. 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.
lI087-0001\831624vl.doc
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.
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.
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.
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.
IN WITNESS WHEREOF, the Parties have entered into this agreement as of the day and
year first above written.
D' ALTO PARTNERS, LLC,
a California limited liability company
By:
William R. Dalton,
Member
By:
Todd L. Dalton,
Member
REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA,
a public body, corporate and politic
By:
Ron Roberts,
Chairperson
(Signatures continue.)
11087-0001\831624vl.doc
2
ATTEST:
Susan Jones, CMC
City Clerk! Agency Secretary
APPROVED AS TO FORM:
Richards, Watson & Gershon,
a professional corporation
By:
Peter Thorson,
Agency Counsel
1 1087-0001\83 1 624vl.doc
3
EXHIBIT "A"
FORM OF PERMANENT LOAN COMMITMENT LETTER
(Attached.)
11087-0001\831624v1.doc
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA
43200 BUSINESS PARK DRIVE
TEMECULA, CA 92590
July _, 2005
Attn: William R. Dalton
D'Alto Partners LLC
41640 Corning Place, Ste. 106
Murrieta, CA 92562
Re: lrrevocabte Loan Commitment for D' Alto Partners LLC
Amount: $3,000,000
Property: 41925-41945 Fifth Street, Temecula, CA 92590
APN's: 922-024-012,013
Dear D' Alto Partners:
This letter constitutes our irrevocable loan commitment ("Commitment") on the following
terms and conditions:
1.
Permanent Lender:
Redevelopment Agency of the City ofTemecula
("Agency").
2.
Construction Lender:
To be determined ("Bank").
3.
Borrower:
D' Alto Partners LLC
a California limited liability company ("Borrower").
4.
Loan Amount:
$3,000,000.
5.
Term of Commitment:
24 months from date of this letter.
6.
Terms:
55 years, no interest, no payments, if conditions of
OPA (as defined in Paragraph 11) are met. Loan
documents to be substantially in form as exists at
present.
7.
Security:
Second trust deed on the real property and
improvements to be constructed at 41925-41945 Fifth
Street, Temecula, CA 92590 ("the Project"). APN's:
922-024-012,013. The improvements shall include
D'AltoPartnersLLC. TemReDev AgencyLoanComLet. 722.wpd
Attn: William R. Datton
D'Alto Partners LLC
Juty _' 2005
Page 2
eighteen (18) one-bedroom and six (6) two-bedroom
apartments. Deed of Trust in second lien position to
be recorded at funding. The initial permanent loan
and any refinance of the permanent loan to which the
Agency will subordinate shall: (i) have an interest
rate not to exceed the prevailing market rates for
similar loans; and (ii) the principal amount shall be
the greater of$2,000,000 or that amount which, when
added to the Agency's loan, does not exceed 100% of
the appraised value of the Project.
8.
Regulatory Agreement:
Prior to funding and recording the deed of trust in
favor of the Agency, a Regulatory Agreement as
defined in g4.5 ofthe OP A shall be recorded against
the Project. The Regulatory Agreement shall be
Senior (either as a result of recording priority,
subordination agreements, or non disturbance
agreement) to all monetary liens encumbering the
Project. Should this permanent loan fail to fund for
any reason, upon the demand of the Bank or the
Borrower, the Agency shall execute a document in
recordable form terminating the Regulatory
Agreement.
9.
Purpose:
In reliance on this commitment letter, Mission Oaks
National Bank will make a $5,000,000 construction
loan to Borrower ("the Construction Loan"). The loan
proceeds ofthis loan commitment shall be for the sole
purpose of paying down the Construction Loan when
the conditions set forth in Paragraph 10 are met.
10.
Conditions to Funding:
(a) Borrower shall have completed the Project and
improvements; (b) Borrower shall have obtained and
there shall remain in effect a Certificate of Occupancy
for the improvements; (c) Borrower shall cause a
Notice of Completion (as described in Califomia Civil
Code g 3093) with respect to the Project to be
recorded in the Official Records of Riverside County,
California; (d) there shall be no material change in the
environmental condition of the Project as reflected on
the Phase I Environmental Report obtained in
D'AltoPartnersLLC. TemReDev AgencyLoanCornLel. 722. wpd
Attn: William R. Dalton
D'Alto Partners LLC
July _' 2005
Page 3
II.
Owner Participation Agreement:
12.
Assignment.
DATED: July -,2005
"AGENCY"
ATTEST:
D'AltoPartnersLLC. TemReDev AgencyLoanComLet. 722. wpd
connection with the Construction Loan, a copy of
which has been provided to Agency; (e) there shall be
issued to Agency an AL T A lender's title policy which
insures the Agency's deed of trust, subject only to
those conditions set forth in the Preliminary Title
Report dated as of and any
permitted senior financing specified in Paragraph 7;
(f) presentation to Agency of evidence (such as
insurance certificates) of fire and casualty insurance
on the Project as may be required by Agency; the
insurance carrier providing the insurance shall be
chosen by Borrower subject to Agency's approval,
which shall not be unreasonably withheld; and the
policy shall include a standard mortgage clause.
That certain Owner Participation Agreement dated
May 10, 2005 between the Borrower and Agency
("the OP A") shall be amended to reflect that the
Agency's funding will be after completion of the
Project rather than for construction of the Project.
Bank shall not be concerned with the terms of
enforcement of the OP A or any other documents
between Agency and Borrower.
Borrower may assign this Commitment to Bank or
any other lender providing construction financing.
REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA, a public body, corporate and politic
By:
Ron Roberts
Temecula Redevelopment Agency Chairperson
Attn: William R. Dalton
D'Alto Partners LLC
July _' 2005
Page 4
"BORROWER":
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
a professional corporation
By:
Peter Thorson, Agency Counsel
JON H. LIEBERG
A Professional Law Corporation
By:
Jon H. Lieberg,
Attorney for Borrower
D'AltoPartnersLLC. TemReDev AgencyLoanComLet. 722. wpd
D'ALTO PARTNERS LLC
a California limited liability company
By:
William R. Dalton, Member
By:
Todd W. Dalton, Member
ITEM 12
APPROV
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council .
Debbie Ubnosk~~Planning
TO:
DATE:
SUBJECT:
August 9, 2005
Comprehensive Update of the City-Wide Design Guidelines
PREPARED BY:
Emery Papp, Senior Planner
RECOMMENDATION: Adopt a Resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO ADOPT A COMPREHENSIVE UPDATE OF THE
CITY-WIDE DESIGN GUIDELINES
BACKGROUND: The original City-Wide Design Guidelines were adopted by the City Council on
February 25, 1997. These Design Guidelines have served the City well, but as the City continues to
develop, it has become clear that there is a pressing need to add guidelines that address residential
product as this was not part of the original Design Guidelines. In addition, both staff and the
Planning Commission have been encouraging commercial and industrial uses to "raise the bar" with
respect to their architecture but have been met with resistance. These two factors led the
Department to ask our consultant to enhance our standards in these two areas.
In May of 2003, the City Council approved a contract with RRM Design Group of San Juan
Capistrano to update the City-Wide Design Guidelines. The new Guidelines go further than the
original Guidelines by enhancing the quality of design issues contained in the City General Plan's
Community Design Element. The new Guidelines have a new format, two new Chapters have been
added and a new illustrated architectural glossary of terms has been added. The two new Chapters
deal with Single Family Residential development and with Special Standards. The Special
Standards Chapter is especially important in that it addresses unique development projects such as
Mixed Use, Big Box Retail, Automobile Dealerships, Service Stations and Car Washes, Religious
and Institutional Facilities, Corporate Architecture and Hotels and Motels.
The Planning Commission heard this item on May 4, 2005 and unanimously approved it. There
were no speakers either in support or opposition to this item. In accordance with the California
Environmental Quality Act (CEQA), the proposed project has been deemed to be exempt from
environmental review per Section 15061 (b)(3) which states '1he activity is covered by a general rule
that CEQA applies only to projects, which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA.
R:\DEBBIE\cc design guidelines stf rpt.doc
FISCAL IMPACT:
No fiscal impact.
Attachments: Resolution No. 05-
Planning Commission Staff Report
Draft City-Wide Design Guidelines (Available for Viewing in City Clerk's Library)
Existing City-Wide Design Guidelines (Available for Viewing in City Clerk's Library)
R:\DEBBIE\cc design guidelines stfrpt.doc
2
ATTACHMENT NO.1
RESOLUTION NO. 05-_
R:IDESIGN GUIDElINES\2003 Design GuidelineslPC Staff Report OS-04-0S.doc
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCil OF THE CITY OF
TEMECUlA TO ADOPT A COMPREHENSIVE UPDATE OF THE
CITY-WIDE DESIGN GUIDELINES
THE CITY COUNCil OF THE CITY OF TEMECUlA DOES HEREBY RESOLVE AS
FOllOWS:
Section 1.
declare that:
The City Council of the City of Temecula does hereby find, determine and
A. The City of Temecula adopted its first General Plan on November 9, 1993;
B. The City of Temecula adopted the existing Design Guidelines, consistent with
polices found in the General Plan Community Design Element on February 25, 1997;
C. The City Council decided to undertake a comprehensive update of the City-Wide
Design Guidelines in 2003;
D. The Planning Commission held a workshop on September 3, 2003 to consider
the recommendations of the Planning Commission and the community residents that were
present, and provided a number of comments and suggestions on the proposal;
E. The Planning Commission considered this matter on May 4, 2005 at a duly
noticed public hearing, at which time interested persons had an opportunity to, and did, testify
either in support or opposition to this matter;
F. On August 9, 2005, 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.
Section 2. The City Council of the City of Temecula hereby makes the following
findings in adopting these Design Guidelines:
A. The proposed project is consistent with the goals and policies of the General
Plan.
The proposed Comprehensive City-Wide Design Guidelines are consistent with the
Community Design Element of the City of Temecula General Plan. Specifically, Goal
NO.2 and Policy 2. 1 of the Community Design Element provide the authority to establish
and apply design guidelines to enhance the positive qualities of residential and non-
residential districts.
B. The proposed project is consistent with implementation measures of the General
Plan. CD-2
The proposed Comprehensive City-Wide Design Guidelines include design criteria for
residential and non-residential development, public spaces, tourist commercial uses, rural
development, view preservation, and mixed-use development. The Comprehensive City-Wide
R:\DE$IGN GUIDEUNES\2003 Design Guidelines\CC Reso.doc
Design Guidelines also propose landscape standards that provide a basis for creating buffers
and other transitions between differing land uses.
Section 3. City staff has reviewed the project under the California Environmental
Quality Act (CEQA) and has determined that the project is exempt from environmental review
pursuant to Section 15061 (b)(3) of the CEQA Guidelines. The City Council of the City of
Temecula hereby adopts a Notice of Exemption from environmental review under the California
Environmental Quality Act pursuant to Section 15061 (b)(3) and directs the Director of Planning
to file a Notice of Exemption with the Riverside County Clerk and Recorders Office..
Section 4. The City Council of the City of Temecula hereby approves the
Comprehensive Update of the City-Wide Guidelines as set forth in Exhibit A, attached hereto,
and incorporated herein by this reference as though set forth in full.
Section 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 9th day of August, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 05-_ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting held on the 9th day of August, 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\DESIGN GUIDELlNES\2003 Design Guidelines\CC Reso.doc
2
ATTACHMENT NO.2
PLANNING COMMISSION STAFF REPORT
R:IDESIGN GUIDELlNES\2003 Design GuldelineslPC Staff Report 05-04-05.doc
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
Date of Meeting:
May 4, 2005
Prepared by: Emery J. Papp
File Number N/A
Title: Senior Planner
Application Type: N/A
Project Description: Comprehensive Update of the City-Wide Design Guidelines
A comprehensive update of the City-Wide Design Guidelines, previously adopted by the City
Council on February 25, 1997, including two new Chapters: Single-Family Residential and
Special Standards. A new illustrated glossary of terms is also included in the new Design
Guidelines.
Recommendation:
(Check One)
o Approve with Conditions
o Deny
o Continue for Redesign
o Continue to:
o Recommend Approval with Conditions
o Recommend Denial
IZI Recommend Approval to the City Council
CEQA:
(Check One)
IZI Exempt from Review under CEQA
(Section) 15061 (b)(3)
o Negative Declaration
o Mitigated Negative Declaration with Mitigation Measures
o Recommend that the City Council Certify the EIR
BACKGROUND
The original City-Wide Design Guidelines were adopted by the City Council on February 25,
1997. The Design Guidelines served the City well, but there were no standards for single-family
residential development, and new Development Plan Applications for commercial and industrial
projects were not creative or diverse. As a result, the City Council accepted a proposal from
RRM Design Group of San Juan Capistrano to update the City-Wide Design Guidelines in May
2003.
At a Planning Commission Workshop held on September 3, 2003, a presentation was made by
RRM concerning the differences between creating Design Standards versus creating Design
Guidelines. Based upon the presentation, comments by staff, the Planning Commission, and
R:\DESIGN GUIDELlNES\2003 Design Guidelines\PC Staff Report OS-04-0S.doc
1
public testimony, it was determined that a comprehensive update of the existing Design
Guidelines was the preferred course of action. On April 14, 2005, RRM submitted a draft public
review version of the document. .
The new updated City-Wide Design Guidelines go further than the original guidelines pertaining
to quality of design issues contained in policies of the City's General Plan Community Design
Element. Much of the original document was salvaged and that information remains
unchanged, however, a great effort has been made by staff and the consulting team to
modernize the document and provide new design direction and a clear expectation of quality.
The document reflects a dramatic format change, two new Chapters have been added, and a
new illustrated architectural glossary of terms has been added.
The purpose of this Public Hearing is to solicit additional comments from the Planning
Commission on the content, overall readability, and/or the presentation of the document. If it is
the pleasure of the Commission, the Design Guidelines will be forwarded on to the City Council
for review and adoption.
The Public Review Draft of the Design Guidelines is organized into the following Chapters:
Chapter 1 Introduction
This Chapter provides an overview of the purpose and intent for having Design Guidelines,
provides direction on the use of certain terms, photos and illustrations, who should use the
guidelines and what they should expect to get from the document, and a brief description of
each Chapter.
An important discussion in this Chapter is the use of the term "should" versus "shall" or "will;"
and the use of the terms "encouraged" and "discouraged." Guidelines using the term "should,"
are those that are expected to be included in all new project design, but are not mandated by
codes or regulations. Guidelines containing the words "shall" or "will" are mandated by local,
state, or federal ordinances, laws, or regulations and are required elements. The terms
"encouraged" and "discouraged" are used frequently throughout the Design Guidelines to
provide clear direction on desired design elements.
Chapter 2 Single-Family
This is a new Chapter that was not part of the original Design Guidelines. The vast majority of
Single-Family home construction in the City of Temecula is within Specific Plans that contain
their own design guidelines. However, staff has received direction from the Planning
Commission and the City Council that the overall quality of design of residential tract homes has
not kept up with market demands. This Chapter contains text and 74 figures identifying the
level of detail that is expected to apply to all new single-family residential construction in the City
and will lead to a higher quality in new home construction design.
Chapter 3 Multi-Family
This Chapter has been revised to provide a more contemporary feel for architectural trends
while stressing that authentic design is desirable. The text also includes more recent trends
with respect to regulatory requirements such as National Pollution Discharge Elimination
System (NPDES) permit issues. The Chapter contains 74 figures which clearly articulate the
level of design that Temecula is striving for in its multi-family housing.
R:\DESIGN GUiDELlNES\2003 Design Guidelines\PC Staff Report OS-04-0S.doc
2
Chapter 4 Commercial
The Commercial guidelines have been revised and updated to stress some of the more recent
trends associated with commercial development. These include greater articulation in building
form, providing more variety in types of materials, and providing a more pedestrian-friendly
environment. Aesthetics is a prominent theme throughout the document, but especially in the
Commercial guidelines. Several new guidelines are proposed to address the issues of large
blank wall expanses, screening of undesired uses, and greater separation of vehicular traffic
from sensitive uses. Issues related to NPDES have also been incorporated into this Chapter. A
total of 114 figures have been included in this Chapter to demonstrate the design features which
are desired for commercial development in the City of Temecula.
Chapter 5 Industrial
The Industrial guidelines have been expanded dramatically over the existing guidelines. The
concept of the "Image Zone" has been introduced which focuses primarily on the front fagade
and building entry statements, and the area of the site plan between the frontage road and the
front fagade. The Image Zone is the area that has the most public visibility and makes a
statement about the building and its occupants. This Chapter strives to improve the character
and quality of design of industrial development in the City by requiring the use of varied and/or
enhanced building materials, public art, pedestrian amenities, variation in roof forms, and
screening of facilities designed as integral components. This Chapter includes 82 figures to
demonstrate the level of quality that Temecula seeks in its industrial zones.
Chapter 6 Special Standards
This is another new Chapter that was not part of the original Design Guidelines. The Special
Standards provide guidelines for unique development projects such as Mixed-Use, Large-Scale
"Big Box" retail, Automobile Dealerships, Service Stations and Carwashes, Religious and
Institutional Facilities, Corporate Architecture, and Hotels and Motels. While the guidelines
contained in other Chapters will apply to some of the special design issues related to these
types of developments, the other Chapters do not contain guidelines specific to these topics.
This Chapter is meant to compliment and not replace the other Chapters and was added to
address the anticipated future demand for these types of uses. This Chapter includes 53
figures to provide attractive examples for reviewing unique projects.
Glossary
Another new addition to the Design Guidelines is an illustrated glossary of building,
architectural, and design terms prepared by the consultant to provide a visual description and a
text description of common terms used throughout the Design Guidelines and in the
development review process. The purpose is to ensure commonality in the use of terms
between staff and the applicant during the design review period. A total of 137 terms are
described and 60 figures have been included.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act, the proposed project has been
deemed to be exempt from environmental review (Section 15061 (b)(3)). This section states that
a project is exempt from CEQA if:
R:\DESIGN GUIDELlNES\2003 Design Guidellnes\PC Staff Report OS-04-0S.doc
3
The activity is covered by the general rule that CEQA applies only to projects, which
have the potential for causing a significant effect on the environment. Where it can
be seen with certainty that there is no possibility that the activity in question may
have a significant effect on the environment, the activity is not subject to CEQA.
CONCLUSION/RECOMMENDATION
Staff has reviewed and commented on the proposed project and has determined that the project
is consistent with the General Plan and the Development Code. Staff recommends that the
Plahning Commission provide feedback and recommend City Council adoption of the proposed
Design Guidelines.
ATTACHMENTS
1. PC Resolution No. 2005-_ - Blue Page 5
2. Draft City-Wide Design Guidelines - Blue Page 8
3. Existing City-Wide Design Guidelines - Blue Page 9
R:\DESIGN GUIDELlNES\2003 Design Guidelines\PC Staff Report OS-04-0S.doc
4
ATTACHMENT NO.3
DRAFT UPDATED CITY-WIDE DESIGN GUIDELINES
(AVAILABLE FOR VIEWING IN CITY CLERK'S LIBRARY)
R:\DESIGN GUIDELlNES\2003 Design Guidellnes\PC Staff Report OS.04-0S.doc