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102511 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET OCTOBER 25, 2011 — 7:00 PM 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. Next in Order: Ordinance: 11-08 Resolution: 11-74 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Justine Tiu & Derrick Tiu Invocation: Pastor Jeremy Sharp of New Covenant Church Flag Salute: Mayor Pro Tem Washington ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS Certificate of Achievement for Eagle Scout Nicholas Beter Red Ribbon Week Proclamation Special Recognition to Herman Parker PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. There is a five-minute time limit for each speaker. 1 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, 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 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of October 11, 2011. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Special Lien Resolution for Bee Abatement FY 2011-12 RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF A SPECIAL ASSESSMENT AGAINST 40168 WARBLER CIRCLE PARCEL 919420040 FOR COSTS OF ABATEMENT AND REMOVAL OF A BEE HIVE FOR FISCAL YEAR 2011-2012 2 5 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Phase 1 of the French Valley Parkway/Interstate-15 Interchange Improvements — Project No. PW07-04 RECOMMENDATION: 5.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the French Valley Parkway/Interstate-15 Overcrossing and Interchange Improvements, Phase I — Project No. PW07-04. 6 Approval of an Agreement to provide Engineering and Construction Support for Phase 1 of the French Valley Parkway/Interstate-15 Interchange Improvements — Project No. PW07-04 RECOMMENDATION: 6.1 Approve an agreement with Moffatt & Nichol Engineers (M&N) in an amount not to exceed $225,000 to provide engineering and construction support for French Valley Parkway/Interstate-15 Overcrossing and Interchange Improvements, Phase I — Project No. PW07-04. 7 Reject Construction Bid for the Citywide Storm Drain Improvement Project at Calle Fiesta — Project No. PW10-07, and Authorization to Rebid the Project RECOMMENDATION: 7.1 Reject the Construction Bid for the Citywide Storm Drain Improvements — Calle Fiesta — Project No. PW10-07; 7.2 Authorize staff to re -advertise the Citywide Storm Drain Improvements — Calle Fiesta — Project No. PW10-07 for Construction Bids. 8 Acceptance of Improvements and Notice of Completion for the Citywide Slurry Seal Project FY 2010-11 — Project No. PW11-02 RECOMMENDATION: 8.1 Accept the construction of the Citywide Slurry Seal Project FY 2010-11 — Project No. PW11-02, as complete; 8.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 8.3 Release the Materials and Labor Bond seven months after filing the Notice of Completion if no liens have been filed. 3 9 Approval of Parcel Map No. 32468, the Temecula Hospital site, located on the north side of Temecula Parkway approximately 700' west of Margarita Road, at Country Glen Way RECOMMENDATION: 9.1 Approve Parcel Map No. 32468 in conformance with the Conditions of Approval; 9.2 Accept the Subdivision Improvement Agreement and the Faithful Performance Bond and Labor and Materials Bond as security for the agreement; 9.3 Accept the Subdivision Monument Agreement and Monument Bond as security for the agreement. 10 Service Agreement for the Old Town Holiday Outdoor Ice Skating Rink (at the request of Economic Development Committee Members Mayor Roberts and Mayor Pro Tem Washington) RECOMMENDATION: 10.1 Approve the Agreement for Contractor Services between the City of Temecula and Studio 33 Productions Outdoor Ice Skating Rink and Rink Management in the amount of $45,000; 10.2 Direct staff to quantify through measurements the number of guests/attendees that enjoy this service, for data that can be considered in future year negotiations; 10.3 Direct staff to measure success of event through media impressions such as publicity, media coverage, and a general understanding of any increase in foot traffic/visitor traffic and the collaboration of other City sponsored events. 11 Memorandum of Understanding (MOU) between Riverside County Fire Department, Office of Emergency Services, and the City of Temecula for Shelter Trailers RECOMMENDATION: 11.1 Approve the MOU between the County of Riverside and the City of Temecula for two mass care and shelter trailers. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 11-01 Resolution: No. CSD 11-09 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, 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-minute time limit for each speaker. CSD CONSENT CALENDAR 12 Action Minutes RECOMMENDATION: 12.1 Approve the action minutes of October 11, 2011. 13 Acceptance of Landscape Bonds and Agreement for Landscaped Medians within the Paseo del Sol Development RECOMMENDATION: 13.1 Accept the surety bonds and agreements from Cal -Paseo del Sol, LLC, for landscaped medians located on Meadows Parkway, Butterfield Stage Road, and Campanula Way. 14 Approval of a Minor Construction Services Agreement for the Replacement of the Water Slide at the Community Recreation Center Pool — Project No. PW11-07 RECOMMENDATION: 14.1 Approve an Agreement for Minor Construction Services for the Water Slide Replacement at the Community Recreation Center (CRC) Pool — Project No. PW11-07, with Great Western Park and Playground in the amount of $136,755.64; 5 14.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $13,675.56, which is equal to 10% of the contract amount. 15 Acceptance of Improvements and Notice of Completion for the Temecula Community Center Expansion, Phase 2, Renovation of Historical Buildings — Project No. PW06-05 RECOMMENDATION: 15.1 Accept the construction of the Temecula Community Center Expansion, Phase 2, Renovation of Historical Buildings — Project No. PW06-05, as complete; 15.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 15.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 16 Proposed Public Art Donation for the Old Town Temecula Community Theater RECOMMENDATION: 16.1 Approve the donation of a public art piece by artist Jorge Marin for installation in the courtyard of the Old Town Temecula Community Theater in honor of Bruce Beers, our City's first Theater Manager. CSD DEPARTMENTAL REPORT 17 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular adjourned meeting: Tuesday, November 1, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 6 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 11-01 Resolution: No. RDA 11-12 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar RDA PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. RDA CONSENT CALENDAR 18 Action Minutes RECOMMENDATION: 18.1 Approve the action minutes of October 11, 2011. RDA DEPARTMENTAL REPORT 19 Redevelopment Department Monthly Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular adjourned meeting: Tuesday, November 1, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 7 TEMECULA HOUSING AUTHORITY MEETING - no meeting TEMECULA PUBLIC FINANCING AUTHORITY MEETING - no meeting CITY COUNCIL BUSINESS 20 Quality of Life Master Plan/Temecula 2030 RECOMMENDATION: 20.1 Approve, in substantial form, the Quality of Life Master Plan/Temecula 2030. 21 Urgency Ordinance: Time, Place, and Manner Restrictions for Residences of Sex Offenders on Halloween (at the request of Council Members Comerchero and Naqqar) RECOMMENDATION: 21.1 That the Council adopt by a 4/5th vote the following urgency ordinance: URGENCY ORDINANCE NO. 11 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 9.60.045 TO THE TEMECULA MUNICIPAL CODE CONCERNING TIME, PLACE, AND MANNER RESTRICTIONS FOR RESIDENCES OF SEX OFFENDERS ON HALLOWEEN 21.2 That the Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 9.60.045 TO THE TEMECULA MUNICIPAL CODE CONCERNING TIME, PLACE, AND MANNER RESTRICTIONS FOR RESIDENCES OF SEX OFFENDERS ON HALLOWEEN DEPARTMENTAL REPORTS 22 Planning Department Monthly Report 23 City Council Travel/Conference Report - September 2011 24 Police Department Monthly Report 25 Public Works Department Monthly Report 9 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular adjourned meeting: Tuesday, November 1, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (41000 Main Street, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website — www.citvoftemecula.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at the Civic Center (41000 Main Street, Temecula — 8:00 — 5:00 PM). In addition, such material will be made available on the City's web — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department — 951-694-6444. 10 PRESENTATIONS The City of Certificate ofA The City Council of the City the outstanding ac Nich olm of Troop We congratulate Nicholas for his achievement are proud to present Nicholas with this Awai accomplishments. i, li The City of T PROCLAMI9 WHEREAS, the Temecula Valley Young Marines is observing Re WHEREAS, according to the Drug Enforcement Administration (. WHEREAS, drugs are brought in from other countries, as well as WHEREAS, last year in California, 1,663,193 pounds of illegal di WHEREAS, The Temecula Valley Young Marines will be handinl the Temecula Valley Area, making presentations to the Temecu: and individual school sites; and WHEREAS, each year, millions of Americans celebrate Red Ribb citizens with a safe community to live and raise families. NOW, THEREFORE, I, Ron Roberts, on behalf of the City Coi through October 31st, 2011, to be "Red Ribbon I• CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET OCTOBER 11, 2011 — 7:00 PM 6:30 P.M. — The City Council/Temecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property owned by Morgan Stanley Trust consisting of approximately 19.35 acres (APN 940-030-002) located on the escarpment west of the City limits in unincorporated Riverside County. The parties to the negotiations for the purchase of the property are the Morgan Stanley Trust, Riverside County Regional Conservation Authority and the City of Temecula. Negotiators for the City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are price and the terms of the City and Authority's purchase of the property. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Ron Roberts Prelude Music: Patrick Xu Invocation: Pastor Charles Patmon of Great Oaks Apostolic Church Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS Colonial Heritage Month Proclamation National Bullying Prevention Month Proclamation Action Minutes1101111 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Lee Mark • Bret Kelley CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 2.1 Approve the action minutes of September 27, 2011. 3 List of Demands — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes1101111 2 4 City Treasurer's Report as of August 31, 2011 — Approved Staff Recommendation (4- 0-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of August 31, 2011. 5 Authorization to execute the Supplemental Agreement for the use of Community Development Block Grant Funds for fiscal year 2011-12 — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 5.1 Authorize the Mayor to execute the Supplemental Agreement for the use of Community Development Block Grant Funds for fiscal year 2011-12. 6 Microsoft Software Licenses — Agreement and Annual Renewal — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 6.1 Approve the renewal of a five-year Microsoft Enterprise Agreement and authorize the initial annual payment for Microsoft Client Access Licenses for Windows Operating Systems and Office Applications in the amount of $58,603.77. 7 Adoption of a Resolution to approve updates and additions to the Improvement Standard Drawings for Public Works Construction — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 11-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING UPDATES TO THE "IMPROVEMENT STANDARD DRAWINGS FOR PUBLIC WORKS CONSTRUCTION" INCLUDING THE ADDITION OF ACCEPTABLE TRAFFIC CONTROL PLAN STANDARD DRAWINGS FOR UTILITY COMPANIES Action Minutes1101111 3 8 Approval of Amendment No. 1 to the Maintenance Agreement for the Street Striping Program for FY 2011-12 — Project No. PW09-04 — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 8.1 Approve Amendment No. 1 to the Maintenance Agreement with Pacific Striping, Inc, in the amount of $300,000 for the annual Citywide Street Striping Program for the fiscal year 2011-12 — Project No. PW09-04; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $30,000, which is equal to 10% of the total agreement. 9 Approval of a Right of Entry and a Slope Easement for the Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek Project — Project No. PW05-11 — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 11-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A RIGHT OF ENTRY AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT AND A GRANT OF SLOPE EASEMENT FROM THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT IN CONNECTION WITH THE PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM, PROJECT NUMBER PW05-11 10 Award of a Construction Contract for the Roripaugh Ranch Street Improvements Phase 1 — Project No. PW09-02 — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 10.1 Award the construction contract for Roripaugh Ranch Street Improvements Phase 1 — Project No. PW09-02, to Hillcrest Contracting, Inc. in the amount of $5,438,899.96 for the base bid and $220,400 for additive bid no. 1 for a total contract amount of $5,659,299.96; Action Minutes1101111 4 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $565,930, which is equal to 10% of the total contract amount; 10.3 Approve in substantially the form attached the Reimbursement Agreement with Rancho California Water District (RCWD) for improvements of RCWD facilities (additive bid no. 1) to be completed as a part of this project; 10.4 Authorize the City Manager to approve the Reimbursement Agreement with Rancho California Water District (RCWD) for improvements to their facilities undertaken as part of this project; 10.5 Make a finding that the Roripaugh Ranch Street Improvements Phase 1 project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP) fees. City Attorney Thorson advised that Council Members Comerchero, Naggar, and Washington may vote on this item and that there are no conflicts for two reasons: 1) that the road project is located more than 1,300' away from the Temecula Vineyard Estates project and is, therefore, outside the range of a conflict; and 2) that the road project was approved in 2002 as part of the Specific Plan and part of the Development Agreement; therefore, this construction agreement is an implementation of that discretionary approval. 11 School Area Traffic Safety — Public Traffic Safety Commission Workshop Series — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: Direct Staff and the Public Traffic Safety Commission to work with the Temecula Valley Unified School District and members of the communities surrounding various school sites to review traffic patterns and develop site specific traffic management plans. 12 Approve a Transfer Agreement pursuant to Health and Safety Code Section 34194.2 providing for the transfer of funds from the Agency to the City of Temecula for the City's payment of the annual remittances to the State under the Alternative Voluntary Redevelopment Program — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 12.1 Adopt a resolution entitled: Action Minutes1101111 5 RESOLUTION NO. 11-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF A TRANSFER AGREEMENT PURSUANT TO HEALTH AND SAFETY CODE SECTION 34194.2 AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 12.2 That the City Council authorize the January 15, 2012 Alternative Voluntary Redevelopment payment and approve an appropriation of $2,365,579 from General Unreserved Fund Balance. 13 Input to the Riverside County Board of Supervisors Regarding Ambulance Service — Approved Staff Recommendation (3-0-1-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Mayor Roberts who abstained and Council Member Edwards who was absent RECOMMENDATION: 13.1 Send the attached letter of support to the Riverside County Board of Supervisors to provide input to the County regarding ambulance services. 14 Second Reading of Ordinance No. 11-07 — Approved Staff Recommendation (4-0-1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 14.1 Adopt an ordinance entitled: ORDINANCE NO.11-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO COMPLY WITH PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH FOR THE ESTABLISHMENT OF THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM UNDER ABX1 27 At 7:21 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Financing Authority. At 7:24 P.M., the City Council resumed with regular business. Action Minutes1101111 6 CITY COUNCIL BUSINESS 19 Meeting Schedule for City Council Meetings for the months of November and December 2011 — rescheduled the November meetings to 11/1 and 11/22 and cancelled the 12/27 City Council meeting (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Council Member Edwards who was absent RECOMMENDATION: 19.1 Direct the City Clerk to reschedule the regularly scheduled City Council Meeting of November 8, 2011, to either November 1, 2011, or November 15, 2011, and to cancel the December 27, 2011 meeting; and perform the appropriate postings and noticing requirements of the Government Code. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 7:40 P.M. the City Council meeting was formally adjourned to Tuesday, October 25, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes1101111 7 Item No. 3 Approvals City Attorney Director of Finance City Manager fffier- /-A,P OuL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: October 25, 2011 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 11- 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 HEREBY RESOLVE 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, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $6,641,368.75 Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of October, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of October, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 10/06/2011 TOTAL CHECK RUN 10/13/2011 TOTAL CHECK RUN 10/13/2011 TOTAL PAYROLL RUN: $ 2,657,806.63 3,561,723.34 421,838.78 TOTAL LIST OF DEMANDS FOR 10/25/2011 COUNCIL MEETING: $ 6,641,368.75 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 4,334,712.16 130 RECOVERY ACT JAG FUNDING 1,973.12 165 AFFORDABLE HOUSING 23,971.40 170 MEASURE A FUND 3.48 190 TEMECULA COMMUNITY SERVICES DISTRICT 271,388.83 192 TCSD SERVICE LEVEL B 77,507.61 194 TCSD SERVICE LEVEL D 6,720.36 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 11,843.01 197 TEMECULA LIBRARY FUND 2,076.28 210 CAPITAL IMPROVEMENT PROJECTS FUND 132,487.92 280 REDEVELOPMENT AGENCY - CIP PROJECT 12,578.86 300 INSURANCE FUND 38,071.22 320 INFORMATION TECHNOLOGY 37,780.08 330 SUPPORT SERVICES 6,733.55 340 FACILITIES 19,866.63 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 2,750.00 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 5,000.00 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 895.00 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 2,950.00 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 2,750.00 477 CFD- RORIPAUGH 1,183,165.44 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 113.72 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 117.56 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 1,207.32 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 31.71 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,300.23 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 43.97 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 70.70 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 429.18 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 23.84 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 31.46 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 27.47 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 304.80 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 2,596.61 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 87.28 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 35.37 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 288.67 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 26.37 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 255.87 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 833.54 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 494.06 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 6,230.53 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 32.44 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 273.63 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 3,379.19 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 56.34 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 27.31 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 33.91 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 20,970.30 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 29.09 700 CERBT CALIFORNIA EE RETIREE-GASB45 4,952.55 $ 6,219,529.97 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 238,777.11 165 AFFORDABLE HOUSING 8,734.08 190 TEMECULA COMMUNITY SERVICES DISTRICT 103,627.67 192 TCSD SERVICE LEVEL B 381.02 194 TCSD SERVICE LEVEL D 1,585.62 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 955.30 197 TEMECULA LIBRARY FUND 1,221.59 280 REDEVELOPMENT AGENCY - CIP PROJECT 6,611.65 300 INSURANCE FUND 1,332.19 320 INFORMATION TECHNOLOGY 18,462.31 330 SUPPORT SERVICES 5,567.27 340 FACILITIES 11,530.41 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 81.80 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 54.80 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 64.99 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 11.89 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 131.94 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 23.97 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 33.87 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 224.05 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.75 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.13 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.18 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 149.47 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 31.83 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 18.31 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.05 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 37.34 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.00 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 138.50 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 74.12 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 200.80 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 339.99 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.44 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 8.95 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 191.23 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 61.74 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.72 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 8.95 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 281.97 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 5.02 700 CERBT CALIFORNIA EE RETIREE-GASB45 20,828.76 421,838.78 TOTAL BY FUND: $ 6,641,368.75 apChkLst Final Check List Page: 1 10/06/2011 1:09:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 148022 10/06/2011 013367 ACTIVE MICRO INC Misc tools & equip:pw traffic div Amount Paid Check Total 128.35 128.35 148023 10/06/2011 012943 ALPHA MECHANICAL SERVICE HVAC repair & maint: CRC 800.00 INC HVAC repair & maint: TCC 120.00 HVAC repair & maint:TCC "B" 97.00 HVAC repair & maint: Tem Chapel 50.00 1,067.00 148024 10/06/2011 004240 AMERICAN FORENSIC NURSES Aug Phlebotomy srvcs: Police 835.22 (AFN) Aug Phlebotomy srvcs: Police 296.66 1,131.88 148025 10/06/2011 009570 AMERICAN REPROGRAPHICS Reprographic svcs: B&S dept 32.95 32.95 CO LLC 148026 10/06/2011 001323 ARROWHEAD WATER INC Drinking water: MPSC Drinking water: FOC Drinking water: TP Library Drinking water: PHBSP Drinking water: 30875 Rancho vista Drinking water: Comm Theater Bottled water svc: CM ofc Drinking water: C. Museum Drinking water:28816 Pujol St Drinking water: Tem Museum 148027 10/06/2011 005946 AYERS DISTRIBUTING Misc supplies:halloween & egg hunt COMPANY 148028 10/06/2011 003215 BARCLAYS LAW PUBLISHERS Title 13 motor vehicles:Police 2599627 148029 10/06/2011 011007 BARNETT, KIRK 148030 10/06/2011 004040 BIG FOOT GRAPHICS 148031 10/06/2011 003138 CAL MAT Reimb:replace vent blower motor summertfall csd recreation guide FY 11-12 CSD W/S booklet Entertainment:movies in park pgrm 8/1 TCSD instructor earnings Asphalt purch:citywide street repairs Asphalt purch:citywide street repairs Asphalt purch:citywide street repairs Asphalt purch:citywide street repairs 148032 10/06/2011 004248 CALIF DEPT OF Aug DUI & drug screens: Police J USTICE-ACCTING Jul & Nov '07 DUI & drug screens:Polic 132.71 130.96 63.45 59.06 47.48 43.50 38.63 31.53 19.93 18.35 585.60 1,161.00 1,161.00 325.00 69.99 2,337.50 1,200.00 300.00 168.00 472.03 449.32 253.20 187.61 770.00 325.00 69.99 4,005.50 1,362.16 105.00 875.00 Page:1 apChkLst Final Check List Page: 2 10/06/2011 1:09:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148033 10/06/2011 004971 CANON FINANCIAL SERVICES, Oct Copier Lease: Civic Center 3,004.54 INC Oct Fire Copier Lease: Fire Dept 182.55 3,187.09 148034 10/06/2011 001264 COSTCO WHOLESALE Artist Hospitality: Theater 163.64 163.64 148035 10/06/2011 010650 CRAFTSMEN PLUMBING & Plumbing repairs:Temeku Hills Park 408.31 408.31 HVAC INC 148036 10/06/2011 014454 CRAMER, MATTHEW reimb:rechg bark contol collar:Police 90.46 90.46 148037 10/06/2011 003272 DAISY WHEEL RIBBON Plotter paper: Library 297.16 COMPANY INC Mylar film:PW Land Dev 288.64 585.80 148038 10/06/2011 001233 DANS FEED & SEED INC Propane usage: Team Pace 7/13 0.42 0.42 148039 10/06/2011 012600 DAVID EVANS & ASSOCIATES CONSULTING SRVCS:BUTTERFIELD 1,023.18 1,023.18 INC RD EXT. - 148040 10/06/2011 002990 DAVID TURCH & ASSOCIATES Sep federal lobbyist svcs: CM 148041 10/06/2011 008943 DEPT OF GENERAL SERVICES ALJ hours:Smith, Ken (DGS) 3,500.00 3,500.00 184.00 184.00 148042 10/06/2011 000609 DOUBLETREE HOTEL Lodging:Pool Oper Trng:De La Rosa,G. 92.48 92.48 148043 10/06/2011 004192 DOWNS COMMERCIAL FUELING INC Fuel for City vehicles: TCSD 2,228.52 Fuel for City vehicles: PW Maint Fuel for City vehicles: PW Fuel for City vehicles: Code Enf Fuel for City vehicles: PW Traffic Fuel for City vehicles: B&S dept Fuel for City vehicles: PW Indv/npdes Fuel for City vehicles: Police Fuel for City vehicles: IT Dept 148044 10/06/2011 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Earnings AILEEN TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 1,672.47 561.96 496.36 456.80 443.85 236.55 97.72 61.01 504.00 420.00 322.00 308.00 210.00 182.00 98.00 6,255.24 2,044.00 Page2 apChkLst Final Check List Page: 3 10/06/2011 1:09:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 148045 10/06/2011 011203 ENVIRONMENTAL CLEANING Restroom maintenance services @ 22 Sep Janitorial svcs:pd old town ofc 148046 10/06/2011 001056 EXCEL LANDSCAPE Aug Irrigation mainline repairs:slopes Aug Ldscp irrigation:civic center July Ldscp irigation:library Aug Irrigation mainline repairs:var Aug Irrigation mainline repairs:var Aug Irrigation mainline repairs:var July Ldscp irrigation:vail ranch July Ldscp irrigation:vail ranch July Ldscp irrigation:fire stn 84 Aug Irrigation mainline repairs:var July Irrigation mainline repairs:var July Ldscp irrigation:rancho cal medlar July Ldscp irrigation:tradewinds July Irrigation mainline repairs:var July Ldscp irrigation:vail ranch July Irrigation mainline repairs:var Aug Irrigation mainline repairs:var July Irrigation mainline repairs:var Amount Paid Check Total 5,265.00 571.86 1,100.00 442.76 433.00 400.34 389.23 278.53 264.96 261.24 241.36 236.89 230.32 225.00 207.56 195.03 166.46 166.46 149.00 59.50 5,836.86 5,447.64 148047 10/06/2011 004310 FEDEX GROUND INC Sep Express Mail Service 112.50 112.50 148048 10/06/2011 003347 FIRST BANKCARD CENTER 006952 PAYPAL GW Verisign Payflow Pro Transaction 59.95 000621 WESTERN RIVERSIDE GW Energy Summit 9/8 R.Cardenas 25.00 COUNCIL OF TT billing adjustment 18.76 103.71 148049 10/06/2011 010326 G E MOBILE WATER, INC Power Washer Maint: Sta 73 127.15 127.15 148050 10/06/2011 001937 GALLS INC Volunteer uniforms:police 9.26 9.26 148051 10/06/2011 013552 GANDS PRODUCTIONS LLC Settlement:Country...Merc 10/1 674.25 674.25 148052 10/06/2011 002109 HD SUPPLY CONSTR. SUPPLY Misc supplies:pw maint div 258.59 258.59 LTD 148053 10/06/2011 002701 HUB INT'L INSURANCE Sep '11 special events premiums 756.08 756.08 SERVCS INC 148054 10/06/2011 013420 INGRAM LIBRARY SERVICES BOOKS:LIBRARY- 28.24 28.24 INC Page:3 apChkLst Final Check List Page: 4 10/06/2011 1:09:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148055 10/06/2011 013695 INLAND EMPIRE SHRED IT shred srvcs:records div 50.00 shred srvcs:records div 15.00 shred srvcs:records div 15.00 shred srvcs:records div 15.00 shred srvcs:records div 15.00 110.00 148056 10/06/2011 006914 INNOVATIVE DOCUMENT Printer supplies:central services 92.02 SOLUTIONS Printer supplies:central services 60.77 152.79 148057 10/06/2011 001407 INTER VALLEY POOL SUPPLY Pool chemicals:citywide pools 906.77 906.77 INC 148058 10/06/2011 001186 IRWIN, JOHN TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 148059 10/06/2011 012152 J J KELLER & ASSOCIATES web -based job description application INC 148060 10/06/2011 004884 J & W REDWOOD LUMBER CO Misc suppliesAumber:OT boardwalk INC 215.60 137.20 84.00 29.40 24.50 2,495.00 490.70 2,495.00 22.83 22.83 148061 10/06/2011 004062 KUSTOM SIGNALS INC Equip repair & maint:Police Lidar 562.83 Equip repair & maint:Police Lidar 406.48 969.31 148062 10/06/2011 013797 LA JOLLA BOOKING AGENCY Settlement:Abbey Road 10/1 4,039.31 4,039.31 148063 10/06/2011 007188 LAERDAL MEDICAL CORP. CPR class supplies: Medics 247.77 247.77 148064 10/06/2011 014452 LIPPERT, MELISSA refund:grading dep:LD10-026GR 10,000.00 10,000.00 148065 10/06/2011 006787 MANN, SILVA refund:sec dep:CRC:multipurpose 150.00 150.00 148066 10/06/2011 000217 MARGARITA OFFICIALS ASSN Sep officiating srvcs:softball sports 5,250.00 5,250.00 148067 10/06/2011 004307 MARINE BIOCHEMISTS Sep water maint:hary Jake & duck pond 3,900.00 3,900.00 148068 10/06/2011 014392 MC COL LOUGH, JILL DENISE Sep plant rental & maint:civic ctr 525.00 Sep plant rental & maint:library 200.00 725.00 148069 10/06/2011 014333 MCGRATH RENTCORP Air monitor tubing: Sta 73 81.89 81.89 Page:4 apChkLst 10/06/2011 1:09:17PM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 148070 10/06/2011 006571 MELODY'S AD WORKS INC. (Continued) 148071 10/06/2011 001868 MIYAMOTO-JURKOSKY, SUSAN A. 148072 10/06/2011 013965 MONOPRICE, INC. 148073 10/06/2011 010908 MR APPLIANCE OF WINCHESTER 148074 10/06/2011 013375 MYERS-RUSSO, ERICA 148075 10/06/2011 000727 NATIONAL FIRE PROTECTION ASSN 148076 10/06/2011 008820 NEIGHBORS NEWSPAPER 148077 10/06/2011 014453 NINO, GUALBERTO 148078 10/06/2011 002139 NORTH COUNTY TIMES 148079 10/06/2011 003964 OFFICE DEPOT BUSINESS SVS DIV 148080 10/06/2011 002734 PVP COMMUNICATIONS INC 148081 10/06/2011 012833 PC MALL GOV, INC. 148082 10/06/2011 011549 POWER SPORTS UNLIMITED 148083 10/06/2011 000947 RANCHO REPROGRAPHICS 148084 10/06/2011 000271 RBF CONSULTING Description OCT MRKTG & PROMO SRVCS:OLD TOWN TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Misc hardware supplies:info tech TCC Condenser Fan Motor:TCC TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Safety banners:fire prevention Sep advertising: Quilt Festival refund:sec dep:CRC:multipurpose Sep advertising:Health Fair/FIT 5K/10K Sep public ntcs:Planning/PW SEP ADS:HOT SUMMER NIGHTS/OU Sept advertising:city clerk Aug adveitising:9/1 1 event Misc office supplies:pd old town Misc office supplies:pd mall office Printing srvcs:finance Communication accessories:police Misc supplies:info tech Veh repair & maint:police Reprographic srvcs:calle fiesta drain AUG ENG SRVCS:I-15f79S ULT. INTRCHG Amount Paid Check Total 3,000.00 226.80 218.40 191.70 98.00 29.54 342.01 132.00 48.00 40.00 219.10 250.00 150.00 1,074.73 856.80 322.56 308.40 202.39 182.38 122.60 106.79 404.43 421.29 666.73 17.95 8,062.18 3,000.00 734.90 29.54 342.01 220.00 219.10 250.00 150.00 2,764.88 411.77 404.43 421.29 666.73 17.95 8,062.18 Page:5 apChkLst Final Check List Page: 6 10/06/2011 1:09:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 148085 10/06/2011 008097 RECY-CAL SUPPLY LLC Description Amount Paid Check Total Trash receptacles:Civic Center 5,543.55 Recycled products:Civic Center 12.88 5,556.43 148086 10/06/2011 003591 RENES COMMERCIAL R.O.W. clean-up: citywide 4,933.00 4,933.00 MANAGEMENT 148087 10/06/2011 002110 RENTAL SERVICE EQUIPMENT MAINT: CIVIC CENTER 25.45 25.45 CORPORATION 148088 10/06/2011 004498 REPUBLIC INTELLIGENT Traffic sgnl repair & maint:pw traf 1,813.95 Aug traffic sgnl repair & maint:pw 645.76 2,459.71 148089 10/06/2011 002412 RICHARDS WATSON & Jul 2011 legal services 172,567.86 172,567.86 GERSHON 148090 10/06/2011 000267 RIVERSIDE CO FIRE Apr -Jun '11 fire services 866,791.31 866,791.31 DEPARTMENT 148091 10/06/2011 000406 RIVERSIDE CO SHERIFFS 7/1-27/11 law enforcement 1,437,724.30 DEPT Intl Film Festival patrol srvcs 9/16-17 1,153.67 FIT 5k/10k run patrol srvcs 9/11 952.16 1,439,830.13 148092 10/06/2011 012251 ROTH, DONALD J. TCSD Instructor Earnings 420.00 420.00 148093 10/06/2011 009621 SCOTTSDALE COMMERCE LLC Nov '11 -Dec '12 offsite rcrds storage 13,920.00 13,920.00 148094 10/06/2011 009213 SHERRY BERRY MUSIC Jazz @ the Merc 9/29 561.00 561.00 148095 10/06/2011 013320 SIMPLY STITCHIN' T-shirts:youth court pgrm 1,483.65 1,483.65 148096 10/06/2011 000645 SMART & FINAL INC MISC SUPPLIES:COLLEGE FAIR 867.08 867.08 EVENT 9/24 Page:6 apChkLst Final Check List Page: 7 10/06/2011 1:09:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 148097 10/06/2011 000537 SO CALIF EDISON (Continued) Description Sep 2-27-805-3194:42051 Main St Sep 2-00-397-5067:28684 Harveston Sep 2-31-536-3226:29690 Mercedes Sep 2-31-404-6020:28771 OT front st Sep 2-00-397-5042:43200 Bus prk dr Sep 2-29-295-3510:32211 Wolf vly rd Sep 2-30-520-4414:32781 Tem pkwy L Sep 2-30-220-8749:45850 N Wolf crk c Sep 2-02-502-8077:43210 Bus prk dr E Sep 2-29-458-7548:32000 Rancho cal Sep 2-29-974-7899:26953 Ynez LS3 Sep 2-29-657-2563:42902 Butterfield Sep 2-31-936-3511:46488 Pechanga Sep 2-31-031-2590:28301 Rancho Cal Sep 2-27-371-8494:42189 Winchester Sep 2-29-953-8082:31523 Wolf vly rd Sep 2-29-953-8249:46497 Wolf crk dr Sep 2-29-657-2332:45538 Redwood Sep 2-29-953-8447:31738 Wolf vly rd 148098 10/06/2011 001212 SO CALIF GAS COMPANY Sep 091-085-1632-0:TES pool 148099 10/06/2011 000519 SOUTH COUNTY PEST CONTROL INC 148100 10/06/2011 005786 SPRINT 148101 10/06/2011 000293 STADIUM PIZZA INC Amount Paid Check Total 6,319.55 2,269.63 2,051.19 1,876.65 1,792.68 1,645.93 784.76 632.49 437.13 243.74 199.54 191.86 47.21 45.30 37.13 26.18 25.31 25.03 23.96 18,675 27 888.49 888.49 Sep pest control srvcs:parks/hary Ik prk 493.00 Pest control srvcs fire stn 84 80.00 573.00 Aug 26 -Sep 25 cellular usage/equip 5,032.08 5,032.08 Refreshments:Family Fun Night 9/23 104.74 104.74 148102 10/06/2011 007698 SWANK MOTIONS PICTURES, Movie rental: movies in the park 7/13 INC. 148103 10/06/2011 000305 TARGET BANK BUS CARD SRVCS 100.00 100.00 Misc supplies: high hopes prgrm/mpsc 227.59 Misc supplies:Halloween Carnival Misc supplies:skate park Misc supplies:F.I.T. pgrm Misc supplies:mpsc Misc supplies:F.I.T. pgrm Misc supplies:var special events Misc supplies:F.I.T. pgrm Misc supplies:F.I.T. pgrm Misc supplies:children's museum Misc supplies:F.I.T. pgrm 148104 10/06/2011 000168 TEMECULA FLOWER CORRAL Sep sunshine fund 173.99 143.04 101.29 96.70 96.27 91.44 80.90 73.96 39.24 7.77 1,132.19 135.66 135.66 Page:7 apChkLst Final Check List Page: 8 10/06/2011 1:09:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148105 10/06/2011 003677 TEMECULA MOTORSPORTS Veh repair & maint:police 377.34 LLC Veh repair & maint:police 234.73 Veh repair & maint:police 81.75 693.82 148106 10/06/2011 011736 TEMECULA TROPHY INC Awards:FIT finale 5K/10K event 920.99 Recognition: high hopes program 247.83 1,168.82 148107 10/06/2011 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:pala park 661.47 CENTR Locksmith srvcs: pbsp 115.00 776.47 148108 10/06/2011 010276 TIME WARNER CABLE Oct high speed internet:30600 Pauba rd 532.02 Oct high speed internet:40135 Village r 224.95 Oct high speed internet:42081 Main St 58.49 815.46 148109 10/06/2011 000668 TIMMY D PRODUCTIONS INC Sound & lighting srvcs:9/11 event 2,675.00 Sound and lighting services: 2011 600.00 3,275.00 148110 10/06/2011 005460 U S BANK Admin fees:2010/11 RDA Series A & B 5,360.00 5,360.00 148112 10/06/2011 002702 U S POSTAL SERVICE Postage meter deposit 2,390.53 Postage meter deposit 1,841.36 4,231.89 148113 10/06/2011 014192 UNBOUND GRAPHIX, INC. Graphics:police vehicle unit 583.25 583.25 148114 10/06/2011 012549 UPODIUM Vehicle maint supp: Sta 92 144.45 Veh maint supplies:Fire Sta 73 63.70 Veh repair & maint: Sta 84 54.75 262.90 148115 10/06/2011 014094 URBAN CROSSROADS, INC. Aug consulting srvcs:maravilla proj 1,211.32 1,211.32 148116 10/06/2011 008977 VALLEY EVENTS INC Misc rental equip:Health & Wellness 9/17 3,619.50 Misc rental equip:4th of July Parade 712.00 4,331.50 148117 10/06/2011 004789 VERIZON 9/16-10/15 Internet svcs:harveston ctr 210.50 210.50 148118 10/06/2011 014418 VIDACARE CORPORATION Medical supplies: Medics 1,973.84 1,973.84 148119 10/06/2011 009101 VISION ONE INC Aug ShoWare ticketing services:Theater 1,757.40 1,757.40 148120 10/06/2011 006248 WALKER, JESSICA TCSD Instructor Earnings 325.50 325.50 148121 10/06/2011 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES:CIVIC CENTER 465.35 465.35 148122 10/06/2011 000341 WILLDAN ASSOCIATES INC Aug eng srvcs:pw traffic 1,200.00 1,200.00 Page:8 apChkLst Final Check List Page: 9 10/06/2011 1:09:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 148123 10/06/2011 004567 WITCHER ELECTRIC Description Amount Paid Check Total Electric repair:harveston lake park 2,850.00 Electrical repairs:paloma del sol sp 148124 10/06/2011 003776 ZOLL MEDICAL CORPORATION Medical supplies: Medics credit:items returned/medics credit:items returned/medics 500.00 3,350.00 1,598.34 -169.65 -541.61 Grand total for UNION BANK OF CALIFORNIA: 887.08 2,657,806.63 Page:9 apChkLst Final Check List Page: 10 10/06/2011 1:09:17PM CITY OF TEMECULA 102 checks in this report. Grand Total All Checks: 2,657,806.63 Page 10 apChkLst Final Check List Page: 1 10/13/2011 4:53:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1788 10/13/2011 000444 INSTATAX (EDD) State Disability Ins Payment 24,314.82 24,314.82 1789 10/13/2011 000283 INSTATAX (IRS) Federal Income Taxes Payment 82,255.20 82,255.20 1790 10/13/2011 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,950.50 2,950.50 SOLUTION 1791 10/13/2011 010349 CALIF DEPT OF CHILD Support Payment 738.45 738.45 SUPPORT 1792 10/13/2011 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 14,345.72 14,345.72 SOLUTION 1793 10/13/2011 000245 PERS-HEALTH INSUR PERS Health Admin Cost Payment 80,083.84 PREMIUM Blue Shield HMO Payment 0.00 80,083.84 1794 10/13/2011 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 131,472.73 131,472.73 RETIREMENT) 1795 10/13/2011 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 8,752.89 Child Care Reimbursement Payment 0.00 8,752.89 1796 10/13/2011 005460 U S BANK Transfer special tax:Rodpaugh CFD 79,369.48 79,369.48 1797 10/13/2011 014292 AMT CADC VENTURE, LLC Sabal loan# 101325-201 R.V.Restoration 1,101,852.23 1,101,852.23 148125 10/13/2011 003552 AFLAC AFLAC Cancer Payment 3,137.01 3,137.01 148126 10/13/2011 004973 ABACHERLI, LIN DI TCSD instructor earnings 640.00 640.00 148127 10/13/2011 013821 ABBOTT VASCULAR refund:sec dep:picnic rental:harveston 150.00 150.00 148128 10/13/2011 013367 ACTIVE MICRO INC misc supplies: info tech 27.58 27.58 148129 10/13/2011 010851 ADAMIAK, DAWN reimb: button maker tcsd spcl events 219.95 219.95 148130 10/13/2011 008552 ADKINS DESIGN CONSULTING Aug graphic design svc:Th eater 2,659.96 2,659.96 148131 10/13/2011 004802 ADLERHORST INTERNATIONAL Sept training: Rudy/Astin 283.34 283.34 INC Pagel apChkLst Final Check List Page: 2 10/13/2011 4:53:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148132 10/13/2011 004767 ALERT ALL CORPORATION Public Ed Materials: Fire Prev 2,828.44 2,828.44 148133 10/13/2011 009374 ALLEGRO MUSICAL VENTURES Piano tuning srvcs: theater 290.00 290.00 148134 10/13/2011 004446 AMERICAN SOCIETY OF CIVIL '12 ASCE mbrshp: 241204 Butler, G 255.00 255.00 148135 10/13/2011 012985 ANDERSON & HOWARD SEPT CABLING SVC:CIVIC CENTER 8,994.00 8,994.00 ELECTRIC INC 148136 10/13/2011 013684 BLUE SHIELD OF CALIFORNIA COBRA SUBSIDY MEDICAL 978.89 978.89 COVERAGE 10/11 148137 10/13/2011 014299 BOOKS ON TAPE 148138 10/13/2011 003138 CAL MAT (1) book on tape: library (3) books on tape: library PW patch truck materials PW patch truck materials 28.28 96.96 125.24 877.56 299.13 1,176.69 148139 10/13/2011 013265 CALIF BUILDING 3rd qtr SB14732011 851.00 851.00 148140 10/13/2011 000638 CALIF DEPT OF 2011 3rd qtr pmt:strong motion 2,459.89 2,459.89 CONSERVATION 148141 10/13/2011 013716 COAST TO COAST LASER recognition plaques: police 150.85 150.85 148142 10/13/2011 004405 COMMUNITY HEALTH Community Health Charities Payment 62.00 62.00 CHARITIES 148143 10/13/2011 013286 CONN EXON TELECOM INC Enterprise 911 Service: IT 360.00 360.00 148144 10/13/2011 011692 CONVERGINT TECHNOLOGIES, IT equip maint: library 655.00 655.00 LP 148145 10/13/2011 003945 DIAMOND ENVIRONMENTAL Oct restroom svc: Riverton Pk 52.78 SRVCS Oct restroom svc: Lng Cyn Park Oct restroom svc: Vail Ranch Pk Oct restroom svc: Veterans Park 52.78 52.78 52.78 211.12 148146 10/13/2011 004438 DICK BLICK COMPANY INC misc supplies: TV Museum 34.43 34.43 148147 10/13/2011 004192 DOWNS COMMERCIAL FUELING INC Fuel for City vehicles: PW Traffic 590.27 Fuel for City vehicles: PW Traffic 520.14 1,110.41 Page2 apChkLst Final Check List Page: 3 10/13/2011 4:53:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 148148 10/13/2011 004829 ELLISON WILSON ADVOCACY LLC 148149 10/13/2011 001056 EXCEL LANDSCAPE 148150 10/13/2011 000478 FAST SIGNS 148151 10/13/2011 009953 FEDERAL CLEANING CONTRACTORS FIRST BANKCARD CENTER 148152 10/13/2011 003347 014458 DNC TRAVEL HOSPITALITY SVCS 001256 MARRIOTT HOTEL 005043 EXECUTIVE VIP AIRPORT SERVICE Description Amount Paid Check Total Oct legislative cnslt svc: CM June landscape svcs billing adj signage: TV Museum exhibits OCT JANITORIAL SVC:POLICE MALL OFFICE 3,500.00 3,500.00 15,233.00 15,233.00 59.81 59.81 625.00 625.00 JC meal:NLC cf New Odeans 9/7-10 13.84 JC htl:NLC cf New Odeans 9/7-10 477.22 JC shuttle:N LC cf New Orleans 9/7-10 228.00 000845 NATIONAL LEAGUE OF CITIES RR regist:NLC cf Phoenix 11/8-12 435.00 000871 HILTON RR htl:SCAG cf LA 8/31 126.00 006942 ONTARIO AIRPORT RR parking:N LC cf New Orleans 9/7-11 90.00 005531 FRONT STREET BAR & GRILL RR rfrshmnts:Sister Cities event 9/11 1,059.13 001256 MARRIOTT HOTEL RR htl:N LC cf New Orleans 9/7-11 625.32 3,054.51 148153 10/13/2011 008083 FLORES, GVVYN employee computer loan pgrm 1,583.25 1,583.25 148154 10/13/2011 014393 FONSTAD, RONALD EUGENE Medic Supplies: Paramedics 180.00 180.00 148155 10/13/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 148156 10/13/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 10/8 660.00 660.00 148157 10/13/2011 000177 GLENNIES OFFICE PRODUCTS Office supplies: Finance 207.60 INC Office Supplies: Planning Office Supplies: B&S Office Supplies: Info Tech Office Supplies: City Clerk Office Supplies: Records Mgmt Office supplies: PW OFFICE SUPPLIES: MPSC Office Supplies: Fire 33.38 61.31 277.13 172.11 74.87 319.50 185.90 734.19 2,065.99 Pages apChkLst Final Check List Page: 4 10/13/2011 4:53:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148158 10/13/2011 014450 GOHL, CYNTHIA refreshments: college fair 9/24/11 148159 10/13/2011 014462 GOODALL, GARTH refund:Minor TUP cancellation 148160 10/13/2011 011445 GRACE PRESBYTERIAN refund:sec dep:picnic rental:RRSP CHURCH 148161 10/13/2011 005311 H2O CERTIFIED POOL WATER Sept fountain maint:civic center SPCL. 148162 10/13/2011 000186 HANKS HARDWARE INC Sept pool maint: CRC/TES Hardware supplies: TCC Hardware supplies: Civic Center Hardware supplies: PW Maint Hardware supplies: TV Museum 470.00 470.00 150.00 150.00 150.00 150.00 500.00 900.00 1,400.00 2.12 4.92 287.16 64.64 358.84 148163 10/13/2011 001517 HORIZON HEALTH OCT EAP SVCS: HR 682.00 682.00 148164 10/13/2011 004217 HYDROTEK COMPANY equip repair/maint: pwmaint 105.81 105.81 148165 10/13/2011 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 5,571.46 5,571.46 303355 148166 10/13/2011 004984 INDEPENDENT ROOFING JUL WATERPROOF INSPECT:CIVIC 1,250.00 1,250.00 CONSULTANT CENTER 148167 10/13/2011 013420 INGRAM LIBRARY SERVICES (2) BOOK PURCHASE: LIBRARY 25.00 25.00 INC 148168 10/13/2011 004221 INLAND EMPIRE AFFILIATE OF '11 sponsorship:komen race for the cure 22,500.00 22,500.00 148169 10/13/2011 014185 J FRANCIS MILEY photographysvc: TCSD parks 700.00 700.00 PHOTOGRAPHY 148170 10/13/2011 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 160.00 160.00 148171 10/13/2011 014387 KASA CONSTRUCTION, INC Sept const: Margarita Rd 65,853.00 65,853.00 148172 10/13/2011 009014 KIMOS HAWAIIAN SHAVE ICE refreshments:emp recog lunch 300.00 300.00 148173 10/13/2011 009336 KOPIE SHOP LLC promotional items: Theater 294.07 294.07 148174 10/13/2011 012065 LANCE, SOLL & LUNGHARD 10/11 RDA AUDIT SVCS 2,122.00 2,122.00 LLC Page4 apChkLst Final Check List Page: 5 10/13/2011 4:53:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 148175 10/13/2011 003726 LIFE ASSIST INC 148176 10/13/2011 013769 LIGHTSQUARED LP 148177 10/13/2011 004087 LOWES INC 148178 10/13/2011 014461 MEDINA, CHRISTINA 148179 10/13/2011 003076 MET LIFE INSURANCE COMPANY 148180 10/13/2011 012580 MINUTEMAN PRESS 148181 10/13/2011 010908 MR APPLIANCE OF WINCHESTER 148182 10/13/2011 014459 MURRAY, CASSCIA 148183 10/13/2011 014391 NICHOLS, KELLIE D. 148184 10/13/2011 002139 NORTH COUNTY TIMES 148185 10/13/2011 003964 OFFICE DEPOT BUSINESS SVS DIV 148186 10/13/2011 002105 OLD TOWN TIRE & SERVICE 148187 10/13/2011 002105 OLD TOWN TIRE & SERVICE 148188 10/13/2011 001171 ORIENTAL TRADING COMPANY INC 148189 10/13/2011 002344 OSVOLD, HEIDA 148190 10/13/2011 014460 PATEL, MEERA 148191 10/13/2011 012833 PC MALL GOV, INC. Description Amount Paid Check Total Medical supplies: Paramedics 9/14-10/13 SATTELITE PHONE SVC Water Filters: Stn 73 Release claims agreement payment MetLife Dental Insurance Payment Printed envelopes:business license Appliance repair/maint:pbsp snack bar Appliance repair/maint:pbsp snack bar refund:sec dep:rm rental:harveston TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings Sep newspaper subscr:MPSC Printing srvcs:fnance dept Printing srvcs:fnance dept City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:Fire Prev Misc supplies:var special events Misc supplies:mpsc Reimb: ICC certifications refund:sec dep:rm rental:TCC Misc supplies:info Tech Misc supplies:info Tech Qty 50 keyboards:info Tech 265.29 147.50 46.06 112.03 7,150.92 687.59 524.50 284.25 200.00 280.00 490.00 595.00 28.60 211.19 121.92 1,232.41 357.98 51.27 1,392.47 396.66 125.00 150.00 66.79 258.60 2,047.25 265.29 147.50 46.06 112.03 7,150.92 687.59 808.75 200.00 1,365.00 28.60 333.11 1,590.39 51.27 1,789.13 125.00 150.00 2,372.64 Pages apChkLst Final Check List Page: 6 10/13/2011 4:53:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 148192 10/13/2011 011439 PELTZER FARMS INC 148193 10/13/2011 000249 PETTY CASH 148194 10/13/2011 005820 PRE -PAID LEGAL SERVICES INC 148195 10/13/2011 012904 PROACTIVE FIRE DESIGN 148196 10/13/2011 002072 RANCHO CALIF WATER DIST-FEES 148197 10/13/2011 000262 RANCHO CALIF WATER DISTRICT Description Amount Paid Check Total excursion:family fun nights 10/7 Petty Cash Reimbursement PrePaid Legal Services Payment Sep plan check srvcs:fire Prev add! dsgn/pin ck:1-15/795 Ult. Intrchg Sep water meter-comm:28640 Pujol St 1,510.00 1,510.00 548.56 548.56 298.95 298.95 8,309.51 8,309.51 1,811.96 1,811.96 9.57 Sep var water meters:TCSD & PW 2,576.47 Sep var water meters:TCSD 3,961.42 Sep floating meter - comm 176.63 Sep var water meters:Fire Stns 800.10 Sep var water meters:TCSD svc lev C 55,092.89 148198 10/13/2011 000406 RIVERSIDE CO SHERIFFS 7/28-8/24:law enforcement 1,507,393.67 DEPT FY 11/12 CAL -ID mbr assessment 90,325.00 148199 10/13/2011 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 707.37 62,617.08 1,597,718.67 707.37 148200 10/13/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 200.00 200.00 CENTRAL 148201 10/13/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 148202 10/13/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 148203 10/13/2011 009213 SHERRY BERRY MUSIC Jazz © the Merc 10/6/11 577.00 577.00 148204 10/13/2011 009746 SIGNS BYTOMORROW banner date patch: Planning 48.96 48.96 148205 10/13/2011 000645 SMART & FINAL INC Misc supplies:high hopes prgmi 97.16 97.16 Pages apChkLst Final Check List Page: 7 10/13/2011 4:53:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 148206 10/13/2011 000537 SO CALIF EDISON 148207 10/13/2011 007711 SO CALIF PUBLIC POOL OPERATORS 148208 10/13/2011 000519 SOUTH COUNTY PEST CONTROL INC 148209 10/13/2011 012652 SOUTH ERN CALIFORNIA 148210 10/13/2011 005610 ST NICHOLAS GREEK ORTHODOX 148214 10/13/2011 007762 STANDARD INSURANCE COMPANY 148215 10/13/2011 012723 STANDARD INSURANCE COMPANY 148216 10/13/2011 014420 STEVE SPANGLER, INC. 148217 10/13/2011 012119 TANK SPECIALISTS OF CALIFORN IA 148218 10/13/2011 000305 TARGET BANK BUS CARD SRVCS Description Amount Paid Check Total Sep 2-10-331-2153:28816 Pujol St Sep 2-01-202-7603:Arterial STLT Sep 2-25-350-5119:45602 Redhawk Sep 2-20-798-3248:C. Museum Sep 2-30-066-2889:30051 Rancho vista Sep 2-05-791-8807:31587 Tem pkwy LS3 Sep 2-29-479-2981:31454 Tem pkwy TCI Oct 2-01-202-7330:LS-1 Allnite 2012 membership: Aquatics Prgm Sept pest control srvcs:citywide fac's Oct gen usage:0141,0839,2593,9306 refund:sec dep:amphitheater Mandatory Life Insurance Payment Voluntary Supp Life Insurance Payment Recreation supplies:childrens mus Fuel tank testing: Fire Misc supplies:children's museum Misc supplies:crc Misc supplies:mpsc 148219 10/13/2011 001547 TEAMSTERS LOCAL 911 Union Dues Payment 148220 10/13/2011 004209 TEMECULA SUNRISE ROTARY Jul -Sept bus bench install & maint:PW FOUND. 148221 10/13/2011 005460 U S BANK Trustee/Fiscal Agent srvcs:3-06 Trustee/Fiscal Agent srvcs:Wolf Crk Trustee/Fiscal Agent srvcs:3-02 Trustee/Fiscal Agent srvcs:02-1 Trustee/Fiscal Agent srvcs:3-04 J.Wamer Trustee/Fiscal Agent srvcs:3-1 Crowne 1,672.46 28,489.64 23.06 2,293.76 24.83 10,053.07 106.62 77,191.23 119,854.67 30.00 30.00 816.00 816.00 509.62 509.62 400.00 400.00 8,861.55 8,861.55 740.80 740.80 113.92 113.92 625.19 625.19 114.31 25.22 235.13 374.66 4,637.00 4,637.00 3,000.00 3,000.00 2,750.00 2,950.00 1,850.00 2,750.00 895.00 5,000.00 16,195.00 Page:7 apChkLst Final Check List Page: 8 10/13/2011 4:53:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 148222 10/13/2011 014413 U.S. DEPARTMENT OF EDUCATION 148223 10/13/2011 007766 UNDERGROUND SERVICE ALERT 148224 10/13/2011 000325 UNITED WAY 148225 10/13/2011 008977 VALLEY EVENTS INC Description Amount Paid Check Total SUPPORT PAYMENT 109.23 109.23 Sept undrgmd svcs alert tickets:PW 226.50 226.50 United Way Charities Payment 63.00 63.00 MISC RENTAL EQUIP: 9/11 626.00 626.00 REMEMBRANCE 148226 10/13/2011 004261 VERIZON Sepxxx-0049 gen usage:Comerchero,J 36.90 Sep xxx-3979 gen usage:pd mall fax line 84.65 Oct xxx-7530 gen usage:Library 480.40 Oct xxx-0590 gen usage:TCC alarm 82.31 Oct xxx-5180 gen usage:79S Irrig ctr 40.44 724.70 148227 10/13/2011 004789 VERIZON Oct SW DSL:PD:Jones, C. 39.95 39.95 148228 10/13/2011 012292 VIAMEDIA INC 8/29-9/2 advertising:hot summer nights 470.00 470.00 148229 10/13/2011 012343 WEST COAST PERFORMING Swing Dolls performance 10/9/11 6,073.34 6,073.34 148230 10/13/2011 013556 WESTERN AUDIO VISUAL Prgs billing:Old Town sound sys retrofit 22,463.31 22,463.31 Grand total for UNION BANK OF CALIFORNIA: 3,561,723.34 Pages apChkLst Final Check List Page: 9 10/13/2011 4:53:46PM CITY OF TEMECULA 113 checks in this report. Grand Total All Checks. 3,561,723.34 Page9 Item No. 4 Approvals City Attorney Director of Finance City Manager fffier- /-A,P OuL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Rich Johnston, Building Official DATE: October 25, 2011 SUBJECT: Special Lien Resolution for Bee Abatement FY 2011-2012 RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF A SPECIAL ASSESSMENT AGAINST 40168 WARBLER CIRCLE PARCEL 919420040 FOR COSTS OF ABATEMENT AND REMOVAL OF A BEE HIVE FOR FISCAL YEAR 2011-2012 BACKGROUND: On May 20, 2011 the City notified the property owner of 40168 Warbler Circle to remove a bee hive located in the attic of this property which was causing a hazardous condition. The city gave the owner thirty (30) days to remove the bee hive. On July 12, 2011 the property was inspected by the Code Enforcement Officer and it was determined the bee hive had not been removed; therefore the Code Officer ordered the city contracted Pest Control Company to abate the hazardous condition of bees at this parcel. The abatement was ordered by virtue of the Temecula Municipal Code Section 8.12.020H(4), Public Nuisance. The total cost for the abatement is $4,043.00 which covers the removal fees and administrative costs. A request for payment was sent to the owner August 31, 2011 stating if payment is not received by October 1, 2011 a special assessment will be entered on the next tax statement against the property. The payment has not been received and the Code Enforcement Division is requesting a special assessment against this parcel. FISCAL IMPACT: The recording of this lien will enable the City to recover the abatement costs through the County's property tax collection system. The City will recover actual amounts paid to the pest control contractor. Further, the City will recover the administrative fee that was placed on this parcel for the abatement from the City's contractor. ATTACHMENTS: Resolution No. 11 - Exhibit "A" Bee Abatement Charge for FY 2011-2012 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF A SPECIAL ASSESSMENT AGAINST 40168 WARBLER CIRCLE PARCEL 919420040 FOR COSTS OF ABATEMENT AND REMOVAL OF A BEE HIVE FOR FISCAL YEAR 2011-2012 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Chapter 8.12.020 of the Temecula Municipal Code provides for expedited abatement and removal of a public nuisance from any property within the city. Section 2. Abatement and removal of a bee hive has been completed at 40168 Warbler Circle Parcel 919420040 as described in the attached (Exhibit "A"). Section 3. Notification was completed as duly noticed in accordance with the requirements of Chapter 8.16 of the Temecula Municipal Code, concerning the costs of abatement of parcels. Section 4. The cost of abatement and removal of the public nuisance as defined are described in Exhibit "A" attached hereto and incorporated herein as though set forth in full. Said costs for the parcel as set forth on Exhibit "A" shall constitute special assessment against the respective property, and a lien of said property in the amount of the respective assessment. Section 5. A copy of this resolution shall be transmitted to the Treasurer -Tax Collector who shall enter the amounts of the respective assessments against the respective parcel as it appears in the current assessment roll, and shall collect said assessment at the same time in the same manner as ordinary municipal advalorem taxes as provided in Section 39577 of the Government Code. Section 6. The cost against the property listed in Exhibit "A" assessed by this resolution and the lien created thereby shall be deemed discharged and released upon the payment for said property taxes for the tax year above -noted. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of October, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of October, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Resolution No. 11 - Exhibit "A" Bee Abatement Charges FY 2011-2012 PARCEL OWNER BALANCE DUE 919420040 JOSE AND NICOLE ALVAREZ $ 4,043.00 40168 Warbler Circle Total $4,043.00 Item No. 5 Approvals City Attorney Director of Finance City Manager "of- -4P CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works / City Engineer DATE: October 25, 2011 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Phase 1 of the French Valley Parkway / Interstate -15 Interchange Improvements, Project No. PW07-04 PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Senior Engineer — CIP RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements — Phase 1, Project No. PW07-04. BACKGROUND: The subject project is the first of two phases comprising the French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements project. The overall project is designed to reduce current and projected traffic congestion, improve safety and operations, provide alternative access to Interstate -15 (1-15), and facilitate circulation consistent with the General Plans of the Cities of Temecula and Murrieta. Improvements consist of a new principal arterial (French Valley Parkway) between Jefferson Avenue and Ynez Road, a new interchange on 1-15 at French Valley Parkway, a new Collector/Distributor system of lanes on both sides of 1-15 between Winchester Road and the 1-15 / 1-215 Junction, and modifications to the 1-15 / Winchester Road interchange. Phase 1 is designed to provide interim relief by addressing 1-15 southbound congestion. Improvements include constructing the new southbound off -ramp at French Valley Parkway, building the westbound portion of French Valley Parkway between the off -ramp and Jefferson Avenue, widening the existing southbound off -ramp at Winchester Road, and widening southbound 1-15 between Warm Springs Creek and the Winchester Road off -ramp. Phase 1 elements are designed to be integral with the overall project. Construction of projects on the state highway system such as this one are typically administered by the State of California, Department of Transportation (Caltrans). On March 11, 2011, the City requested authorization to perform the construction contract Advertisement, Award, and Administration (AAA) activities. This request was approved by Caltrans in a letter dated June 28, 2011, subject to project final approvals and certifications. Project plans and specifications are complete. The contract documents are available for review in the office of the Director of Public Works. Caltrans approvals and certifications of right of way and environmental revalidation are expected in November. Upon receipt, the project will be ready to be advertised for construction bids. The Engineer's Estimate for construction of Phase I is $22,500,000. FISCAL IMPACT: The French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements — Phase I project is included in the City's Capital Improvement Program FY 2012-2016. The sources of funds for construction include TUMF (CETAP/RCTC) pursuant to RCTC Agreement No. 11-72-0036-00 and Measure A — Local Streets and Roads. Sufficient funds are available in the project budget. ATTACHMENTS: 1. Project Description 2. Project Location CJ TYOFTEMECLJLA FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS -PHASE I Circulation Project Project Description: Project will include the design, right-of-way acquisition, utility relocation, and construction activities to portions of the French Valley Parkway and Interstate -15 over -crossing and interchange. The project will add a new southbound off -ramp from Interstate -15 to French Valley Parkway, construct the northern half of French Valley Parkway from the off -ramp to Jefferson Avenue, widen the existing southbound off -ramp from Interstate -15 to Winchester, and construct a new auxiliary lane between French Valley Parkway and the Winchester Road southbound off -ramp. Other features include permanent and temporary retaining walls, erosion control and irrigation, and a new traffic signal and roadway improvements at the intersection of French Valley Parkway and Jefferson Avenue. Project requires oversight by Caltrans and coordination with the City of Murrieta. Benefit: Project will improve traffic circulation by providing another southbound off -ramp from Interstate -15 and add a lane to the Interstate -15 southbound off -ramp to Winchester. Project Status: The plans, specifications, and estimates, are expected to be complete during fiscal year 2012. Construction is expected to be complete by the end of fiscal year 2013. Department: Public Works -Account No. 210.165.719 Priority: 1 Project Cost: Actua Is to Date Future Total Project 2011-12 2012-13 2013-14 2014-15 2015-16 Years Cost Administration $ 353,949 $ 210,389 $ 200,000 $25,000 $ 789,338 Acquisition $2,256,952 $ 1,704,666 $ 160,830 $60,000 $35,000 $70,000 $ 3,961,618 Construction $18,200,000 $ 8,855,000 $ 27,055,000 Construction $ 444,203 $ 444,203 Engineering $ 2,000,000 $ 1,000,000 $ 3,000,000 Design $1,382,796 $ 648,303 $ 1,167,801 $ 2,031,099 Environmental $ 15,000 $ 35,000 $35,000 $35,000 $70,000 $ 190,000 MS HCP $ 245,000 $ 245,000 Totals $3,993,697 $23,023,358 $10,090,000 $60,000 $35,000 $70,000 $ - $ 37,272,055 Source of Funds: Actuals to Date Future Total Project 2011-12 2012-13 2013-14 2014-15 2015-16 Years Cost Capital Project Reserves $ 160,830 $60,000 $35,000 $70,000 $ 325,830 DIF (Street Improvements) $ 444,203 $ 444,203 Measure A -Local Street and Road $ 977,181 $ 724,369 $ 1,167,801 $ 2,869,351 Reimbursement/Other (Mjrrieta Land Donation) $ 1,631,631 $ 1,631,631 TUMF (CETAPIROTC)(1) $20,000,000 $ 8,761,369 $ 28,761,369 TUMF(ROTC)r2) $2,462,295 $ 2,462,295 TUM F (WRCOG)(3) $ 110,018 $ 667,358 $ 777,376 Total Funding: $3,993,697 $23,023,358 $10,090,000 $60,000 $35,000 $70,000 $ $ 37,272,055 Future Operation & Maintenance Costs: 2011-12 1 2012-13 2013-14 2014-15 2015-16 $15,000 $15,606 (1) TUFF (CETAP/ROTC) - Funding is pursuant to the RCTCAgreerrent No. 11-72-0036-00 in the amount of $20,000,000 to date. (2) IMF (ROTC) - Funding is pursuant to the RCTC Agreement No. 06-72-048-00 for a total of $75,517,000 ($5,715,000 -ROW and $2,000,000- PS&E). Fhase I is $1,682,000 -ROW and $203,784-PS&E- See also Fhase IL (3) IMF (WRCOG) - Zone funding is pursuant to WRCOG Agreement No. 05 -SW -TEM -1064 for a total of $4,078,000 ($1,165,000-FS&E) - See also Fhase II. $15,300 49 FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS - PHASE I Circulation Project Location Aerial Data - March 2010 0 250 500 Feet 1,000 48 Item No. 6 Approvals City Attorney Director of Finance City Manager "of- -4P CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works / City Engineer DATE: October 25, 2011 SUBJECT: Approval of an Agreement to Provide Engineering and Construction Support for Phase 1 of the French Valley Parkway / Interstate -15 Interchange Improvements, Project Number PW07-04 PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Senior Engineer — CIP RECOMMENDATION: That the City Council approve an agreement with Moffatt & Nichol Engineers (M&N) in an amount not to exceed $225,000.00 to provide engineering and construction support for French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements — Phase I, Project Number PW07-04 (Project). BACKGROUND: On a separate item of tonight's agenda, staff is recommending that the City Council approve the plans and specifications of the Project and authorize the Department of Public Works to solicit construction bids. With City Council approval and obtaining final approvals and certifications from Caltrans, the Project will be advertised for construction bids prior to the end of the calendar year. For large, complex projects it is prudent to retain the designer through construction to address requests for information, review submittals, analyze changes, and provide details on design intent that may not be evident in construction plans and specifications. As the engineer of record, it is appropriate that M&N serve in this capacity. In addition to designing Phase I, M&N was the lead consultant in preparing the preliminary engineering and environmental documents for the overall project. Their knowledge of alternatives considered and compatibility with Phase II is unparalleled. The subject agreement secures the engineering and construction support services of M&N on a time and materials basis from construction bidding through project closeout. The terms, scope, and fee of the attached agreement reflect professional negotiations conducted between city staff and M&N. FISCAL IMPACT: The French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements — Phase I project is included in the City's Capital Improvement Program FY 2012-2016. There are sufficient funds within the project budget to cover the cost of this agreement, $225,000.00. ATTACHMENTS: 1. Agreement 2. Project Location 3. Project Description AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND MOFFATT & NICHOL ENGINEERS FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS — PHASE 1, PROJECT NO. PW07-04 THIS AGREEMENT is made and effective as of October 25, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Moffatt & Nichol Engineers, a California corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on October 25, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2013, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one (1) year term. In no event shall the contract be extended beyond December 31, 2014. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Ag ree me nt. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.qov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 5. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Twenty Five Thousand Dollars and No Cents ($ 225,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the mariner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall riot make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 7. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A "Tasks to be Performed" without prior written consent of Consultant. 9. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) bodily injury and property 3) Employer's Liability: One Automobile Liability: Two million ($2,000,000) per accident for damage. Worker's Compensation as required by the State of California; million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: claim and in aggregate. 5) The policies for general liability, auto liability and professional liability shall not contain any language, limitations, or otherwise, which would potentially reduce the minimum $2 million limit of liability requirement stated herein. For example, and without limitation, no policy shall contain any language which would create a "burning limit," i.e. defense fees and costs incurred in the defense of a potentially covered claim reduces the stated limit of liability under than policy. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000.00) d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: Two million ($2,000,000) per 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 15. ASSIGNMENT Moffatt & Nichol Engineers Attn: Goska Nichol 3780 Kilroy Airport Way, Suite 600 Long Beach, CA 90806 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Moffatt & Nichol Engineers (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor Perry C. Schacht, Vice President ATTEST: By: By: Susan W. Jones, MMC, City Clerk Shing -Ching R. Chan, Senior Vice President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Moffatt & Nichol Engineers Goska Nichol 3780 Kilroy Airport Way, Suite 600 Long Beach, CA 90806 562-308-5353 GNichol@moffattnichol.com FSM Initials: Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: EXHIBIT B Payment Rates and Schedule EXHIBIT A French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements — Phase I Scope of Work Engineering and Construction Support Services GENERAL Moffatt & Nichol (M&N) is the engineer of record for the French Valley Parkway / Interstate -15 Over - Crossing and Interchange Improvements — Phase I project (Caltrans EA 08-432711, PN0800000670). The City of Temecula (City) has requested M&N to provide Engineering and Construction Support Services for the duration of construction. The City will act as the contract administrator with overall responsibility for all coordination with the contractor, construction management consultant, and Caltrans. This scope of work outlines the individual tasks required to provide engineering support services for the project during its construction phase. The activities listed below will be performed on a time and materials basis at the direction of the City or its delegate. A narrative of each of the activities performed will be included in the monthly invoices. This proposal assumes construction duration of seventeen (17) months. The following sub consultants might be engaged during the construction activities: • Earth Mechanics, Inc. — Geotechnical, soil and pavement design. • FPL and Associates, Inc. — Traffic signal. • Associated Engineers, Inc. — Benchmark and monumentation. • Lynn Capouya, Inc. — Landscape and irrigation. The following activities will be performed as called upon by the City, or its delegate. 1.0 PRE -CONSTRUCTION SUPPORT Assist in addressing Requests For Information (RFIs) and preparation of addenda. Assist in bid review and analysis. Participate in pre-bid and pre -construction meetings. 2.0 CONSTRUCTION SUPPORT Participate in progress/field meetings. Address technical questions related to the plans, specifications, and design intent. Review submittals including shop drawings, schedules, materials, mix designs, etc. Address Requests For Information (RFIs). Assist in reviewing/preparing Contract Change Orders (CCOs) including engineering analysis. 3.0 POST -CONSTRUCTION SUPPORT Prepare as -built plans, at the conclusion of construction activities, per Caltrans guidelines. Incorporate redline comments prepared by the Project Resident Engineer on the record set of drawings. The finalized electronic as -built record drawings will be prepared in MicroStation format with a PDF version of the plan set included on compact disc. EXHIBIT A EXCLUSIONS / ASSUMPTIONS • Coordination with utility owners regarding relocation of their facilities is riot included. • The City, or its consultant, will provide contract administration and construction inspection services. • The City will continue to fulfill the role of the project manager for the duration of construction and will coordinate interactions between M&N and the construction management consultant. EXHIBIT B French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements — Phase I Fee Summary Engineering and Construction Support Services GENERAL The activities described in the Scope of Work for Engineering and Construction Support Services will be performed on a time and materials basis at the direction of the City or its delegate. It is understood that the actual work effort is not known and will be a function of the extent of inquiries, changes, clarifications, etc. that arise. Actual cost shall not exceed the Total Fee. Total Fee for Engineering and Construction Support Services $ 225,000.00 PROFESSIONAL RATES Moffatt & Nichol Engineers TITLE RATE Senior Engineer $ 197 per hr Engineer III $ 185 per hr Engineer II $ 164 per hr Engineer I $ 143 per hr Staff Engineer $ 114 per hr Designer $ 147 per hr CADD $ 121 per hr Word Processing $ 92 per hr PROFESSIONAL RATES: SUB CONSULTANTS Earth Mechanics, Inc. TITLE RATE Principal $ 200 per hr Principal Engineer/Geologist $ 160 per hr Senior Engineer/Geologist $ 140 per hr Senior Project Engr/Geologist $ 115 per hr Project Engr/Geologist $ 105 per hr Senior Staff Engr/Geologist $ 95 per hr Staff Engr/Geologist $ 85 per hr Senior Technician II $ 130 per hr Senior Technician I $ 90 per hr Technician $ 75 per hr Project Administrator $ 85 per hr Clerical $ 40 per hr FPL and Associates, Inc. TITLE RATE Principal / Project Manager $ 180 per hr Lead Engineer $ 160 per hr Associate Engineer $ 145 per hr Assistant Engineer $ 125 per hr Administrative $ 100 per hr Associated Engineers, Inc. TITLE RATE Survey Task Leader $222.52 per hr Licensed Land Surveyor $154.56 per hr Land Survey Technician $122.40 per hr Field Party Chief $136.91 per hr Field Chainman $132.71 per hr Admin $103.16 per hr Lynn Capouya, Inc. TITLE RATE Principal in Charge $ 196 per hr Project Manager $ 148 per hr Irrigation Designer $ 117 per hr Design Manager $ 133 per hr Job Captain $ 100 per hr Design Staff II $ 90 per hr Design Staff I $ 63 per hr Administration $ 63 per hr FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS - PHASE I Circulation Project Location Aerial Data - March 2010 0 250 500 Feet 1,000 48 CJ TYOFTEMECLJLA FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS -PHASE I Circulation Project Project Description: Project will include the design, right-of-way acquisition, utility relocation, and construction activities to portions of the French Valley Parkway and Interstate -15 over -crossing and interchange. The project will add a new southbound off -ramp from Interstate -15 to French Valley Parkway, construct the northern half of French Valley Parkway from the off -ramp to Jefferson Avenue, widen the existing southbound off -ramp from Interstate -15 to Winchester, and construct a new auxiliary lane between French Valley Parkway and the Winchester Road southbound off -ramp. Other features include permanent and temporary retaining walls, erosion control and irrigation, and a new traffic signal and roadway improvements at the intersection of French Valley Parkway and Jefferson Avenue. Project requires oversight by Caltrans and coordination with the City of Murrieta. Benefit: Project will improve traffic circulation by providing another southbound off -ramp from Interstate -15 and add a lane to the Interstate -15 southbound off -ramp to Winchester. Project Status: The plans, specifications, and estimates, are expected to be complete during fiscal year 2012. Construction is expected to be complete by the end of fiscal year 2013. Department: Public Works -Account No. 210.165.719 Priority: 1 Project Cost: Actua Is to Date Future Total Project 2011-12 2012-13 2013-14 2014-15 2015-16 Years Cost Administration $ 353,949 $ 210,389 $ 200,000 $25,000 $ 789,338 Acquisition $2,256,952 $ 1,704,666 $ 160,830 $60,000 $35,000 $70,000 $ 3,961,618 Construction $18,200,000 $ 8,855,000 $ 27,055,000 Construction $ 444,203 $ 444,203 Engineering $ 2,000,000 $ 1,000,000 $ 3,000,000 Design $1,382,796 $ 648,303 $ 1,167,801 $ 2,031,099 Environmental $ 15,000 $ 35,000 $35,000 $35,000 $70,000 $ 190,000 MS HCP $ 245,000 $ 245,000 Totals $3,993,697 $23,023,358 $10,090,000 $60,000 $35,000 $70,000 $ - $ 37,272,055 Source of Funds: Actuals to Date Future Total Project 2011-12 2012-13 2013-14 2014-15 2015-16 Years Cost Capital Project Reserves $ 160,830 $60,000 $35,000 $70,000 $ 325,830 DIF (Street Improvements) $ 444,203 $ 444,203 Measure A -Local Street and Road $ 977,181 $ 724,369 $ 1,167,801 $ 2,869,351 Reimbursement/Other (Mjrrieta Land Donation) $ 1,631,631 $ 1,631,631 TUMF (CETAPIROTC)(1) $20,000,000 $ 8,761,369 $ 28,761,369 TUMF(ROTC)r2) $2,462,295 $ 2,462,295 TUM F (WRCOG)(3) $ 110,018 $ 667,358 $ 777,376 Total Funding: $3,993,697 $23,023,358 $10,090,000 $60,000 $35,000 $70,000 $ $ 37,272,055 Future Operation & Maintenance Costs: 2011-12 1 2012-13 2013-14 2014-15 2015-16 $15,000 $15,606 (1) TUFF (CETAP/ROTC) - Funding is pursuant to the RCTCAgreerrent No. 11-72-0036-00 in the amount of $20,000,000 to date. (2) IMF (ROTC) - Funding is pursuant to the RCTC Agreement No. 06-72-048-00 for a total of $75,517,000 ($5,715,000 -ROW and $2,000,000- PS&E). Fhase I is $1,682,000 -ROW and $203,784-PS&E- See also Fhase IL (3) IMF (WRCOG) - Zone funding is pursuant to WRCOG Agreement No. 05 -SW -TEM -1064 for a total of $4,078,000 ($1,165,000-FS&E) - See also Fhase II. $15,300 49 Item No. 7 Approvals City Attorney Director of Finance City Manager "of- -4P CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: October 25, 2011 SUBJECT: Reject Construction Bid for the Citywide Storm Drain Improvement Project at Calle Fiesta, Project No. PW10-07, and Authorization to Rebid the Project PREPARED BY: Amer Attar, Principal Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Reject the Construction Bid for the Citywide Storm Drain Improvements - Calle Fiesta, Project No. PW10-07 2. Authorize Staff to Re -advertise the Citywide Storm Drain Improvements - Calle Fiesta, Project No. PW10-07 for Construction Bids BACKGROUND: The City Council previously approved the Plans and Specifications and authorized the Department of Public Works to solicit construction bids for the subject project. The scope of work for the Citywide Storm Drain Improvement Project at Calle Fiesta consists of the installation of a storm drain system including piping, manholes, inlets and rip -rap energy dissipater. The underground pipe system will convey street runoff from Calle Fiesta road to the base of a slope located on private property where discharge velocities will be reduced and potential erosion minimized. All necessary temporary construction and permanent storm drain easements have been dedicated to the City by the property owner. The original informal bid solicitation resulted in only one (1) bid being submitted and publically opened. The results were as follows: Utah Pacific Construction Company $252,360.00 Utah Pacific Construction Company's bid is $132,360.00 over the engineer's estimate of $120,000.00. Because of the excessively high bid amount, staff has re-evaluated the overall project. As a result, staff is recommending that the City Council reject the bid submitted by Utah Pacific Construction Company and authorize the Department of Public Works re -advertise the project. Although staff confirmed the accuracy of the Engineer's Estimate and the project meets the criteria for an informal bid solicitation, in an abundance of caution formal bid procedures will be followed when rebidding the project to encourage additional bid respondents. FISCAL IMPACT: The Citywide Storm Drain Improvements, Calle Fiesta Storm Extension project is included in the City's FY12-16 Capital Improvement Program (CIP) and is funded with Capital Project Reserves. Adequate funds are available in the project accounts. ATTACHMENTS 1. Location Map 2. Project Description PROJECT LOCATION CITYWIDE STORM DRAIN IMPROVEMENTS - CALLE FIESTA STORM DRAIN EXTENSION PROJECT PROJECT NO. PWIO-07 . o❑[ LThmLdL CITYWIDE STORM DRAIN IMPROVEMENTS Infrastructure Project Project Description: Design and construct storm drain improvements on several streets that flood during each storm event, including Rancho California Road at Vincent Moraga Drive, and Calle Fiesta, as well as other various locations in future years. Benefit: Project will improve safety and circulation while maintaining the integrity of the streets during inclement weather. Project Status: This project is estimated to be complete by end of fiscal year 2011. Department: Public Works -Account No. 210.165.715 Priority: I Project Cost: Actua Is to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Future Total Years Project Cost Administration $ 26,100 $102,000 $ 53,000 $ 181,100 Acquisition $214,704 $421,084 $ 62,500 $ 62,500 Construction $183,196 $ 280,000 $120,000 $ 583,196 Construction $214,704 $421,084 $ - $ - $ - $322,160 $ - $ 957,948 Engineering $ 12,000 $ 12,000 Design $ 5,408 $ 6,584 $ 57,000 $ 68,992 Environmental $ 2,000 $ 19,000 $ 21,000 MSHCP $ 18,500 $ 10,660 $ 29,160 Totals $214,704 $421,084 $ - $ - $ - $322,160 $ - $ 957,948 Source of Funds: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost Capital Project Reserves $214,704 $421,084 $ 635,788 Unspecified* $322,160 $ 322,160 Total Funding: $214,704 $421,084 $ - $ - $ - $322,160 $ - $ 957,948 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 2013-14 2014-15 $ 2,500 $ 2,550 $ 2,601 $ 2,653 $ 2,706 *Project cannot be constructed until a funding source is identified. 91 Item No. 8 Approvals City Attorney Director of Finance City Manager fffier- /-A,P OuL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: October 25, 2011 SUBJECT: Acceptance of Improvements and Notice of Completion for the Citywide Slurry Seal Project FY 2010-11, Project No. PW11-02 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer- CIP RECOMMENDATION: That the City Council: 1. Accept the construction of the Citywide Slurry Seal Project FY 2010-11, Project No. PW 11-02, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; and 3. Release the Materials and Labor Bond seven months after filing the Notice of Completion if no liens have been filed. BACKGROUND: On June 28, 2011, the City Council awarded a construction contract to American Asphalt South, Inc. in the amount of $257,837.34 to complete the Citywide Slurry Seal Project FY 2010-11, Project No. PW 11-02. The project area included the remaining area of Chardonnay Hills and a portion of Paseo Del Sol. The project included cleaning and crack sealing the existing roadway surface, applying Rubber Polymer Modified Slurry (RPMS) and restoring pavement delineation. RPMS was used to seal the project roadways against water intrusion to prolong the life of the asphalt concrete pavement. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one (1) year from October 25, 2011, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Citywide Slurry Seal Project FY2010-11 is funded with the FY2011112 Public Works Department Maintenance Division Budget for Routine Street Maintenance, funded with Measure "A" revenues; which are rolled over from the previous fiscal year. The base amount of the construction contract was $257,837.34. There were three approved contract change orders totaling $60,398.15, which increased the total construction contract amount to $318,235.49. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to American Asphalt South, Inc, 14436 Santa Ana Avenue, Fontana, CA 92337 to perform the following work of improvement: Citywide Slurry Seal Project FY 2010-11 Project Number PW 11-02 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on October 25, 2011. That upon said contract The Guarantee Company of North America USA, 1800 Sutter Street, Suite 880, Concord, CA 94520 was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Citywide Slurry Seal Prosect FY 2010-11 Project Number PW 11-02 6. The location of said property is: Remaining area of Chardonnay Hills and a portion of Paseo Del Sol, Temecula, California. C:'Program Files'Neevia.Com \Document Converter\temp11020263.doc Form Dated at Temecula, California, this 25th day of October, 2011 of Council Meeting. City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Susan W. Jones M MC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 25th day of October, 2011 of Council Meeting. City of Temecula Susan W. Jones M MC, City Clerk C:Program FIIes1Neevia.Com \Document Converter\temp11020263.doc Form Bond Number: 12078296 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR CITYWIDE SLURRY SEAL FY 201041 PROJECT NO. PW11-02 mow ALL PERSONS BY THESE PRESENT THAT: American Asphalt South, Inc, - 14436 Santa Ana, Fontana, CA 92337 NAME AND ADDRESS CONTRACTORS a Corporation , hereinafter called Principal, and (rill iri vdwIrer' 8 Corpwrv6on, Partnership or irf[livhlua/) The Guarantee Company of North America USA - 1800 Sutter Street, Suite 880, Concord, CA 94520 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called CANNER, in the penal sum of Thirty -One Thousand Eight Hundred Twenty -Four DOLLARS and 00/100 • CENTS ($ 31,824.00 ----) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 28th day of June , 2011, a copy of which is hereto attached and made a part hereof for the construction of CITYWIDE SLURRY SEAL FY 2010-11, PROJECT NO. PW11-02. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final esfirnate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on September, 2011. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished i thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void, As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shat) be included, including reasonable attorney's fees incurred by MAINTENANCE 80M0 M8•1 PW 11-02•Bi Docs the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, ar to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, ar addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sewed this 19th day of September (Seal) SURETY The G rantee Company o North America USA America Asphal South, Inc. By: .�'' Susan Lee �/e �C PRINCIPAL 2011. (Name) Attorney -in -Fact (Na(Naraccei7r,1 /ae0 (Title) (Title) APPROVED AS TO FORM: Peter M. ThorFon, City Attorney By: ;g,/e Skene (Nine $cre%y (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures MLAINTt NANCE eoraa ma -2 aw t t.02•Bld Does THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Barbara Midstokke, Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Susan Lee, Barbara Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler Interwest Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted try law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attomey is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31't day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. State of Michigan County of Oakland IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 6th day of June 2011. THE GUARANTEE COMPANY OF NORTH AMERICA USA Stephen C. Ruschak, Vice President Randall Musselman, Secretary On this 6th day of June, 2011 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Se& and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland � My Commission Expires February 2o12 Acting in Oakland County rt�1/j�.Ge/ a • �C,.� /./ 4aL I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITIjJESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 19th day of September , 2011 Randall Musselman, Secretary CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Butte On 9/19/11 before me, Elizabeth Collodi, Notary Public personally appeared Susan Lee, Attorney -in -Fact (Here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s)-whose names ' is/are subscribed to the within instrument and acknowledged to me that-lie/she/hey-executed the same in•Ilisfher/tl;cir authorized capacity(-ies', and that by_liis/hert signaturo*}en the instrument the person( or the entity upon behalf of which the person(*acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offic'al seal. Signature otary Public ELIZABETH COLLODI COMM. # 1878873 NOTARY PUBLIC-CALIFORN COUNTY OF BUTTE Comm. Expires FED. 1, 2014 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Maintenance Bond (Title or description of attached document) American Asphalt South, Inc. (Title or description of attached document continued) Number of Pages 2 Document Date9/19/11 The Guarantee Company of North America USA (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title ❑ Partner(s) ® Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must he properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is/afe-) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. *.- Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. *.- Indicate title or type of attached document, number of pages and date. *.- Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA 02.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r.' State of California County of Se..1n N•_7r r lira lit i i �. On�cf' c=)0 1/ personally appeared i-yh. before me, 6 r▪ elic:- rd !Cn if; k, n - n/,k s i Name and Title of Officer (e.g.. 'Jane Doe, Notary Public" S/ fl(-_ <,mel J� P��ft Names) of Signer(S) RICHARD ENTRIKIN COMM. X1854481 g i '�+ NOTARY PUBLIC - CALIFORNIA , CI ►f/ SAN BERNARDINO COUNTY N Expiros JUL. 13, 2013 A proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .israre subscribed to the within instrument and acknowledged to me that betsh>?/they executed the same in f,etb %their authorized capacity(ies), and that by _.b4sYlatdritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached 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: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUI OF SIG PRINT R Top of thumb here 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-B76-6827 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE CITYWIDE SLURRY SEAL FY 2010-11 PROJECT NO. PW11-02 This is to certify thatft, ;,,4 sus r. .$,, <(hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used of in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as CITYWIDE SLURRY SEAL FY 2010-11, PROJECT NO. PWI1-02, situated in the City of Temecula, State of California, more particularly described as follows / INSgRT ADDRESS OR DESCRIBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: 7/Z 84-0l/ By: CONTRACTOR gnature Print Name and Title RELEASE R.1 PW 11 -02 -Bid Docs Item No. 9 Approvals City Attorney Director of Finance City Manager fffier- /-A,P OuL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: October 25, 2011 SUBJECT: Approval of Parcel Map No. 32468, the Temecula Hospital site, located on the north side of Temecula Parkway approximately 700' west of Margarita Road, at Country Glen Way PREPARED BY: Mayra De La Torre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: That the City Council: 1. Approve Parcel Map No. 32468 in conformance with the Conditions of Approval; 2. Accept the Subdivision Improvement Agreement and the Faithful Performance Bond and Labor and Materials Bond as security for the agreement; 3. Accept the Subdivision Monument Agreement and Monument Bond as security for the agreement. BACKGROUND: Record title interest: Universal Health Services of Rancho Springs, Inc. Parcel Map (PM) No. 32468 proposes to consolidate 8 parcels totaling 35.8474 gross/net acres into 1 parcel for a commercial development, which will include a 320 -bed hospital, 2 medical office buildings, a cancer center and a fitness rehabilitation center. The property covered by this PM is located on the north side of Temecula Parkway, approximately 700' west of Margarita Road, at Country Glen Way. Tentative Parcel Map No. 32468 (PA07-0201) was approved by City Council on January 22, 2008, and was valid for 3 years, expiring on January 22, 2011. The automatic 1 -year extension per SB 1185 extended the life of the tentative map to January 22, 2012. The property owner has met the terms of the Conditions of Approval for map recordation and this PM is in conformance with the approved tentative parcel map. The approval of a subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. FISCAL IMPACT: None ATTACHMENTS: 1) Fees and Securities Report 2) Vicinity Map 3) Reduced Copy of PM CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 32468 DATE: October 25, 2011 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY LABOR & MATERIAL SECURITY Street and Drainage $ 1,196,000.00 $ 598,000.00 Water $ 17,000.00 $ 8,500.00 Sewer $ 18,000.00 $ 9,000.00 TOTAL $ 1,231,000.00 $ 615,500.00 Monumentation $ 1,060.00 - DEVELOPMENT FEES RCFCD (ADP) Fee Development Impact Fee SERVICE FEES $ Paid $ Paid Planning Fee $ 337.00 Fire Fee $ 239.00 TCSD Fee $ 163.00 Plan Check Fee $ 4,545.00 Monumentation Inspection Fee $ 316.00 Fees Paid to Date $ 5,600.00 Balance of Fees Due $ 0.00 a N W4 Oh WAn aMO e Rya kF(� W,k LF‘ ¢¢t e 24 2 O s. qqk Pg :fig p 4M ha t crr js RSSss SS a RY 3 Wrt rc , W 11/41N4 El 4041kvs STA I656 , 10.16 �. tosav U 36567. • SK I Pot-. v//4\\\�L--. g a xs TAMS/ /dP Z/V/LONf N,6[N/6' , 0R\t N 2 1 \ \" tea jaZ 1 'r A t A 00 1 6 tl e4 h P $141 < ot.A a �< NT6Y)'jry .}'------" 66�- '�--"-I Il25VI vn.VMFSr✓ DAM 9615 �� c�aEas g@ .�4 � ri a , IN U 11 1i u� F 4f t; li I: 4 4 '10 i; ii lh 0 i 0 iri itg 0 is lh i; it hl 0 1: $u •O :: "M3 X10 EE EE 0 0 0 O EIDE ENE ti co^ QCO WJ nn hgn w (1,11g� o tat rN w og i 9� a ft ba 9 4 t r $# l 91 d h 91 !II !i 0 0 0 tiM p'S�$���VaN Mpppppp{{`'�:Pa 5K h1 ., ii.. vrn Z342hF @5 h q`pihN hh FRHR-" 511 yy ,� "[M1�`� 0, th ii�iyAi 2�+c; ib i,t ALp1���rS �!^1.$^� Rh2Y �4e jean ob €x .`3 +g %WWh &s 7y $.{.y h IROOhn WW�tWWW�� 7y,{�. t;AilZ ~�h�1u� REq,',x `�k7FC i�,. 1: aq fay % £0 m 6 3 L n n C@ -A'' 8 c dccc"cn "" uOPMK{kz �, .. c. ii.. vrn @5 �'HR:,g - FRHR-" 511 yy ,� "[M1�`� 0, th ii�iyAi 2�+c; ib i,t ALp1���rS �!^1.$^� Rh2Y �4e jean ob €x .`3 +g %WWh &s 7y $.{.y h t hNhh WW�tWWW�� 7y,{�. t;AilZ ~�h�1u� �4� `�k7FC i�,. 1: Fo % m : 0 5z-azz-,3 ,r^? -A'' 1 181I 1 11 1 a les ,LABS M,LO,Il9/N ♦OfL9/N • • ilav I I I� C/ —ia '.etkY K14e , I r •\ g U O o A 8€ '400 0 W op A . '1g3g k ti to it ti a a taN Cd gn4 • tit 2 ffi 04Ai9/Mil _ ,/f LN 50409fN 96659 40409/N VNOM7 VNOO 9'nnaaaa& '''9 „ aii. n y p %avVi %g'. "%@g888k �n aa WItbaei9 9 atkD €aaaaaeaoa9accc99999 fiOaa Item No. 10 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: October 25, 2011 SUBJECT: Service Agreement for the Old Town Holiday Outdoor Ice Skating Rink (at the request of Economic Development Committee Members Mayor Roberts and Mayor Pro Tem Washington) PREPARED BY: Tamra Irwin, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Approve the Agreement for Contractor Services between the City of Temecula and Studio 33 Productions Outdoor Ice Skating Rink and Rink Management in the amount of $45,000; 2. Direct staff to quantify through measurements the number of guests/attendees that enjoy this service, for data that can be considered in future year negotiations; 3. Direct staff to measure success of event through media impressions such as publicity, media coverage, and a general understanding of any increase in foot traffic/visitor traffic and the collaboration of other City sponsored events. PURPOSE: The purpose of the project is to bring an outdoor ice rink to Old Town Temecula as a 2011 holiday season special event. The professional services required to operate the ice rink include turnkey installation, operation/management, and removal of the ice rink. BACKGROUND: The 2009 and 2010 outdoor ice skating rinks proved to be dramatic enhancements to the holiday -season ambience in Old Town Temecula. Old Town Temecula became the place to be during the holiday season. This event attracts approximately 10,000 residents and visitors to the area which has helped support the businesses in the adjacent commercial areas. There was a significant increase in foot traffic with many visitors seeing Temecula for the first time. The ice rink and related activities have received excellent media coverage due to strong and effective marketing and promotional programs. Promotional avenues used to promote this event included the City's websites, other websites, Temecula's cable station, FIOS television, email blasts, posters, and local newspapers. There were 20,000 color ice skating/event flyers distributed to Temecula schools. Additional flyers were distributed at City facilities, Temecula Valley Chamber of Commerce, Temecula Valley Convention and Visitor's Bureau, and by Old Town merchants. Social media was utilized which included Twitter, YouTube, Facebook and MySpace. The Temecula Valley Chamber of Commerce also promoted the ice rink through its e -newsletter, community calendar, and website. Tickets were given away on local radio stations which helped promote the ice rink and holiday events. Proposed 2011 Old Town Temecula Seasonal Outdoor Ice Skating Rink The Economic Development Committee (Mayor Roberts and Council Member Washington) convened to discuss the proposed ice rink project on September 13, 2011. The Economic Development Committee has recommended approval of $45,000 to operate a "turnkey" seasonal ice rink operation. The 2011 seasonal outdoor ice skating rink will have the same arrangement that the Temecula City Council approved last year with one proposed change. The rink will be operational from December 16, 2011 to January 2, 2012, for twelve hours a day, with the option of remaining open until January 8, 2012, at the Promoter's discretion. The rink size will remain the same at 50' by 70' or 3,500 square feet which will accommodate approximately 125 to 135 skaters. This will require a road closure at the "Y' area on Main Street for just under three weeks. Mercedes Street will remain open during the rink operating hours. The scope of work shall include complete turnkey operations, which will include equipment, installation/removal and operation of a 50' x 70' ice-skating rink, and necessary devices, as a holiday -season special event for the City of Temecula. Proposed hours of operation shall be established between 10:00 am and 10:00 pm. A special schedule is proposed for New Year's Eve with operating hours from 10:00 am to 1:00 am of January 1, 2012. The proposed New Year's Eve celebration will include an evening filled with fun activities for children and families from 5:00 pm to 9:00 pm. Competitive Requirements The City conducted a competitive Request for Proposal process in October 2008 with three firms submitting proposals. After review of the proposals, it was determined that Studio 33 had successful seasonal ice rink experience with nearby cities, and Studio 33 also provided the "best value" based on the needs of the City. In addition, Studio 33 has provided great service in executing the 200912010 and 201012011 Old Town Temecula holiday ice rink agreement. FISCAL IMPACT: The $45,000 contract cost for the ice rink and associated expenses will be funded through the Community Services budget. ATTACHMENTS: Agreement Conceptual Site Plan AGREEMENT FOR CONTRACTOR SERVICES BETWEEN CITY OF TEMECULA AND STUDIO 33 PRODUCTIONS DRAFT OUTDOOR ICE SKATING RINK AND RINK MANAGEMENT THIS AGREEMENT is made and effective as of October 25, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Brian Jackson dba Studio 33 Productions, a sole proprietor (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on October 25, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than January 8, 2012, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE a. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Ag ree me nt. b. Contactor shall complete the tasks and provide the equipment according to the schedule of performance which is also set forth in Exhibit A. 4. CONTRACTOR PERFORMANCE; CITY SUPPLIED EQUIPMENT AND SERVICES Contractor shall provide for the turnkey equipment and delivery, installation and removal with turnkey management and operation of an ice -rink, as a holiday -season special event for Old Town Temecula to be open to the general public for recreational ice-skating and shall perform the services and tasks and provide the equipment described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full ("Ice Rink"). B. City shall supply or provide the following for the Ice Rink: area; i. Two (2) continuous sources of water (hose bib) adjacent to the ice rink 1 ii. An area for placement of refrigeration system, generator, skate trailer, and Motorhome as close to ice rink as possible. iii. Telephone line at rink site for purposes of public safety reporting and communication, including 911 to Temecula Police Department as necessary. iv. Provide portable restroom facilities for patrons of the Ice Rink. v. Identified parking in close proximity to the rink for Contractor's and supplier's personnel. vi. Grounds keeping in the ice rink area (includes landscape maintenance, trash receptacles and removal of trash). vii. Provide marketing and public relations in support of the event; all graphics and signing, in the discretion of the City. viii. Coordination of all permits and licenses required for installation and operation of the equipment and event, when required. Contractor acknowledges and agrees that this agreement does not guarantee the issuance of permits or conditions to permits acceptable to the Contractor and that City of Temecula will exercise its lawful authority and issue, conditionally issue or deny the required permits in accordance with law. 5. PAYMENT a. The City agrees to pay Contractor in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty Five Thousand Dollars and 00/100 ($45,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 2 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 7. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the 3 permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 10. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: i. Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. ii. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. iii. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: i. General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. ii. Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. iii. Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4 c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 5 11. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall riot at any time or in any mariner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall riot incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any mariner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall riot pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES 6 Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but riot limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Contractor: 15. ASSIGNMENT Studio 33 Productions Brian Jackson 264 Pennsylvania Avenue Colton CA 92324 Phone Number: 909.783.1628 FAX Number: 909.783.6075 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 16. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Ag ree me nt. 17. 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 Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 7 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Studio 33 Productions (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Shawn D. Nelson, City Manager Brian Jackson ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: [Enter Name], [Enter Title] Peter M. Thorson, City Attorney CONTRACTOR Studio 33 Productions Brian Jackson 264 Pennsylvania Avenue Colton, CA 92324 Phone Number: 909.783.1628 brian@studio33.com 9 FSM Initials: D B Date: EXHIBIT A Tasks to be Performed 1. General Requirements: To provide for the turnkey equipment delivery/installation/removal with turnkey management and operation of an ice-skating rink, as a holiday -season special event for the City of Temecula. To be open to the general public for recreational ice-skating and figure skating exhibitions from December 16, 2011 through January 8, 2011. 2. Equipment: All lighting, sound reinforcement, staging, video or special effects equipment to be provided by Contractor is set forth this exhibit. 3. Personnel: The installation and removal phase of your rink will be led by Mr. Brian Jackson, who is considered to be one of the leading expects in show and effects technology in the industry, with over 33 years experience of proven abilities and expertise. Mr. George Ramiro will assist him. Both of these gentlemen are involved in Studio 33's California installations, which are some of the most challenging installations, and in areas with great concerns for noise and minimizing impact to the location or to the environment. 4. The On-site Manager who will coordinate all of the management and the day-to-day operation will be Ms. Meagin Ramiro, with sophomore experience in this location of ice and event production and show management. Recently Ms. Ramiro led a team with new and innovative equipment used on a Youth Circus. Much of the equipment is easily cross -matched to Temecula's ice rink event. 5. Subcontractors: TBD: supplier of freezer, manifold, and refrigeration compressor. Pending Sub Contractors: Diamond Power: electrical generators; Securitas: security and Downs Energy: fuel. 6. Schedule: A. Installation window: December 10 through 15, 2011 B. Open to the Public: December 16, 2011 thru January 2, 2012, with the option of remaining open until January 8, 2012 at the Promoter's discretion. D. Removal Window: January 9 thru 13, 2012 7. Hours of operation (Subject to Change upon mutual consent of City and Contractor): A. Days of week: Monday through Sunday including holidays B. Hours of Operation shall be established between 10:00 am and 11:00 pm but no longer than 11:00 pm. C. Special hours for New Year's Eve: 10:00 am on December 31, 2011 - 1:00 am of January 1, 2012 10 8. Contractor shall provide the following: A. Design, and build Sub -structure for Ice rink B. Air -Cooled Refrigeration Systems/Pumps/Hoses/Expansion Tank C. Generator to Power Above Refrigeration D. Contractorwill provide fuel for generator during rink operations E. Insulation and vapor barriers leveling of site F. Modular Railing Systems (Clear Plexiglas facing towards rink; room to display signage upon approval by City of Temecula) G. Ice Rink Maintenance Equipment: Mini-Zamboni Electric Re -surfacer used daily or as needed H. Rink Freezer Plate System (50' x 70') I. Rental Ice Skates (300 -pair approximate with various sizes), Sharpened, Ready -to -Skate, Sharpening services on site as needed during run of event J. Skate Change Area with Benches and Rubber Floor Covering (16'x40' approximate) K. Skate trailer or modular unit for ticket sales, storing and distribution of skates and office. Optional ginger Bread House for ticket sales included L. Cash register equipment M. All tools, equipment and supplies for set-up, strike and maintenance. Professional Supervision and General Labor for Set -Up and Strike. N. Refrigeration Technician On -Call 24 Hours During Entire Term All O. General Set-up and Finish -out Metal -Frame Covering over Rink Wall Header. Clear Plexiglas sides with smooth inside finish of Rink Perimeter. Optional Green Turf Carpet to Finish Rink Perimeter/Edge (Black skirting covers substructure) P. Sound/public address for announcements and playback of holiday music. Q. Rink Manager during entire term. Trained and experienced in liability protection. R. All equipment and amenities installed and ready for test of equipment and facilities, twenty four (24) hours in advance of opening, December 16, 2011. S. Operation of public skate sessions. Hours of operation to be at Contractor's discretion. Proposed times 10:00 am until 11:00 pm approximately. 11 T. Text for Liability -Related Signage and Written Waiver Release Forms; Liability - Limitation Instructions. U. Professional Support Services/Consultation for Event Planning and Execution 9. Contractor shall provide professional, on-site management (experienced in customer service, liability -prevention, and public safety); staffing to include cashier(s), ticket sales, skate rental attendant(s), safety monitor(s), and maintenance personnel to be on-site during entire term of the event, including but not limited to: A. Employee uniforms or identifiable vests. B. Public safety announcements and basic holiday music. C. Cash register equipment D. Coordination of group sales and special events. E. Sound / Public address for announcements and playback of holiday music. F. All revenues associated with the ice rink venue will be distributed to Studio 33 and its vendors. 10. Concessions: Contractor will be the exclusive vendor for only bottled water and prepackaged snacks (i.e. chips, candy bars, granola bars, snack bars, cookies, etc.), made available to customers. Contractor to have complete autonomy of vendors offering other drink and food items (i.e. coffee, hot chocolate, hot cider, kettle corn, & holiday goodies, etc.) 12 EXHIBIT B Payment Rates and Schedule Payment Rates Studio 33 Productions will provide an Ice Rink for the Holiday season beginning December 16, 2011 through January 2, 2012, with the option of remaining open until January 8, 2012 at the Promoter's discretion, for the amount of $45,000.00 to include the following services: Equipment Rental ; Installation/Removal Turnkey Management & Day -to -Day Operations Including: On -Site Security, Per Diem, Lighting, Facilities for Public & Staff Use and Fencing (if needed) 13 0 2010 Ice Rink Opening November 26, 2010 4' NNW t i "\ Civic Center Mercedes Street 1 Skate Change 1 Ice Rink 50' X 70' 1/1110.10. Skate Trailer r 1 Ticket Sales Restrooms Street Closed to Vehicles i11l1111111111I me 100 Feet tgYtiram.p prgocts'aty mantJ $flee II* 2010 mx0 Item No. 11 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Deputy City Manager DATE: October 25, 2011 SUBJECT: Memorandum of Understanding (MOU) between Riverside County Fire Department, Office of Emergency Services, and the City of Temecula for Shelter Trailers PREPARED BY: Tamra Irwin, Senior Management Analyst RECOMMENDATION: That the City Council approve the MOU between the County of Riverside and the City of Temecula for two mass care and shelter trailers. BACKGROUND: The County of Riverside, Fire Department, representing the Riverside County Operational Area, has secured Homeland Security Grant Funding from the State of California Emergency Management Agency, to purchase and outfit unincorporated county areas and each city within the county, with one hundred person mass care and shelter trailers. The City of Temecula will be receiving two of these trailers at no cost. There is, however, a few requirements outlined in the seven-year MOU that the City will have to adhere to when accepting these trailers. The MOU requires that the trailers be made available in case of an emergency situation as mutual aid to neighboring areas, they have to be insured, and anything used, destroyed or stolen from the trailers would have to be replaced at City expense, the trailers must remain in a locked yard when not being used, and this MOU would be in place for seven years. FISCAL IMPACT: Estimated costs are $2,000 to $3,000 for insurance and restocking. However, there will be years where only a minimal amount will be spent to ensure the trailers and no restocking is necessary. The funds for these costs are available in the current year Operating Budget. ATTACHMENTS: MOU MEMORANDUM OF UNDERSTANDING BETWEEN COUNTY OF RIVERSIDE, ON BEHALF OF ITS FIRE DEPARTMENT, OFFICE OF EMERGENCY SERVICES and the CITY OF TEMECULA Table of Contents I. Purpose 2 II. Background 2 III. Terms and Conditions 2 A. MOU Modification Process 2-3 B. Term of MOU 3 C. Responsibilities/Obligations 3-4 IV. Signatures 4 Attachments: Attachment 1 - Office of Justice Programs Financial Guide 2005 — Part 111 Chapter 6 Attachment 2 - OMB Circular A87, Attachment B Selected Items of Cost, Section 15 1 MEMORANDUM OF UNDERSTANDING BETWEEN COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into as of this twenty-first day of September 2011 by and between the County of Riverside, on behalf of its Fire Department, Office of Emergency Services, a political subdivision of the State of California, hereinafter referred to as "OES", representing the Riverside County Operational Area, and the City of Temecula hereinafter referred to as "City". City and OES will sometimes collectively be hereinafter referred to as the "Parties". RECITALS WHEREAS, the County of Riverside, Fire Department, representing the Riverside County Operational Area, has secured Homeland Security Grant Funding from the State of California Emergency Management Agency, to purchase and outfit unincorporated county areas and each city within the county, with one hundred person mass care and shelter trailers ("Trailers"); and WHEREAS, the acquisition of these Trailers and equipment will assist each city in their pursuit to enhance their mass care and sheltering capabilities to better protect against, respond to and recover from catastrophic emergencies; and WHEREAS, the Parties desire to enter into this MOU to provide the terms and conditions for each city that receives a Trailer under this grant funding program; NOW, THEREFORE, the parties hereto agree as follows: PURPOSE. The purpose of this MOU is to: 1) document the transfer of ownership of two (2) trailer(s) from OES to the City of Temecula. and 2) obligate and document the acknowledgement of the City to adhere to Office of Justice Programs Financial Guide 2005 — Part III Chapter 6 (Attachment 1) and the State OMB Circular A-87, Attachment B, Selected Items of Cost, Section 15 "Equipment and Other Capital Expenditures," (Attachment 2). II. BACKGROUND. In 2008, emergency managers within the Riverside County Operational Area (OA) identified significant preparedness shortfalls with regard to their ability to properly shelter one-tenth of the overall population as suggested by federal standards. Because of this shortfall, OES has secured Homeland Security grant funding for Fiscal Year 2009 and Fiscal Year 2010 to outfit each city and portions of the county unincorporated areas with one hundred person mass care and shelter trailers. Securing such trailers will pave the way for enhanced mass care and shelter capabilities in Riverside County. III. TERMS AND CONDITIONS. A. MOU MODIFICATION PROCESS. After execution of this MOU, any and all requests for modifications to this MOU shall be made in writing to: Riverside County Fire Department Office of Emergency 2 Services (OES) at 4080 Lemon Street, Basement Room 8, Riverside, CA 92501 Attn. Peter Lent, Deputy Director. OES reserves the right to deny, edit or accept requests for modifications. OES reserves the right to amend the terms of this MOU if required to remain in compliance with federal or state grant requirements. The City shall be notified at least thirty business days in advance of any potential revisions to the terms of this MOU. B. TERM OF MOU. The terms of this MOU shall remain in effect for a period of seven years from the date of the signing of this document by all involved parties. Over the course of this MOU, the City agrees to utilize the Trailer solely for its intended purpose of mass care and shelter. C. RESPONSIBILITIES/OBLIGATIONS. By accepting the Trailer(s), City of Temecula hereby agrees to accept and uphold the following responsibilities and obligations during the term of this MOU: 1) Store the Trailer in a secured area. The City will be responsible to determine the location and the type(s) of security to be used to secure the Trailer. 2) City shall be responsible for all costs associated with maintaining the trailer to lawfully operate and transport the trailer, including payment of the initial and annual California Department of Motor Vehicles registration fees and coverage. Insurance can be provided either by a specific insurance policy for the equipment or by a program of self-insurance. 3) City must utilize at least a three quarter -ton pickup truck or greater to tow the vehicle. 4) Replace any lost, stolen, damaged or used items with equivalent items within a reasonable timeframe not to exceed sixty (60) days from the date of loss or use. If the Trailer incurs any damage or theft during the period of this MOU, the City agrees to replace the Trailer and/or all of its contents with equivalent items and return the Trailer to the same level of supplies and conditioning as to which they were before the theft, damage or use occurred. This requirement shall apply to the Trailer and all of the components within the Trailer including all equipment and supplies. 5) Shall not mark, sticker, wrap or otherwise alter the appearance of the Trailer by adding their City logo or other identifying emblems, logos, or lettering. City agrees to leave the sticker identifier on the Trailer that will be on the Trailer at the time of delivery. This three inch block -style numbering shall remain in place for the duration of this MOU. City also agrees to utilize the original lock and keys, for all locks and keys on or in the Trailer, which will be provided with the Trailer at time of delivery. 6) Maintain all necessary components to keep the Trailer and all equipment in working order during the term of this MOU, up to and including but not limited to: tires, batteries, solar panels, regular 3 military cots, enhanced functional needs cots, disposable blankets, light switches, manual vent fans, roiling carts and doors. 7) As required by the grant. the City agrees to allow the Trailer(s) to be utilized by other jurisdictions if requested through appropriate Mutual Aid channels. The City understands and agrees that if the Trailer is requested as a Mutual Aid resource, that the requesting jurisdiction will be responsible to pick up, re -stock and return the Trailer to the City within sixty days (60) of the end of the incident for which the Trailerfresource was requested, in its original condition. 8) Comply with all the requirements of the Office of Justice Programs Financial Guide 2005 -- Part IH Chapter 6 (Attachment 1) and the State OMB Circular A-87. Attachment B. Selected Items of Cost, Section 15 "Equipment and other Capital Expenditures''(Attachment 2). IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement. DATED; COUNTY OF RIVERSIDE By: Peter Lent Deputy Director CITY OF TEMECULA Signed: Ron Roberts, Mayor 4 ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney DB OFFICE of JUSTICE PROGRAMS FINANCIAL GUIDE 2005 - PART III CHAPTER 6 PART In CHAPTER 6: PROPERTY AND EQUIPMENT Chapter 6: Property and Equipment HIGHLIGHTS OF CHAPTER: • Acquisition of Property and Equipment • Screening • Loss, Damage, or Theft of Equipment • Equipment Acquired with Crime Control Act Block/Formula Funds (BJA) • Equipment Acquired with Juvenile Justice Act (OJJDP) Formula and Victims of Crime Act (OVC) Assistance (Formula) Funds Equipment and Non -Expendable Personal Property Acquired with Discretionary Funds Real Property Acquired with Formula Funds • Real Property Acquired with Discretionary Funds • Federal Equipment • Replacement of' Property (Equipment and Non -Expendable Personal Property) • Retention of Property Records • Supplies • Copyrights • Patents, Patent Rights, and Inventions MARCH 2005 55 PART Ill CHAPTER 6: PROPERTY AND EQUIPMENT ACQUISITION OF PROPERTY AND EQUIPMENT Recipients/subrecipients are required to be prudent in the acquisition and management of property with Federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is already available within the recipient or subrecipient organization will be considered an unnecessary expenditure. NOTE: Equipment purchased using funds made available under Federal grants shall be year 2000 compliant and shall be able to process all time/date data after December 31,1999. SCREENING f'.areful screening should take place before acquiring property in order to ensure that it is needed, with particular consideration given to whether equipment already in the possession of the recipient/subrecipient organization can meet identified needs. While there is no prescribed standard for such review, recipient/subrecipient procedures may establish levels of review dependent on factors such as the cost of the proposed equipment and the size of the recipient or subrecipient organization. The establishment of a screening committee may facilitate the process; however, a recipient or subrecipient may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already available within the recipient's organization. The awarding agency's program monitors must ensure that the screening referenced above takes place and that the recipient/subrecipient has an effective system for property management. Recipients/subrecipients are hereby informed that if the awarding agency is made aware that the recipient/subrecipient does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. LOSS, DAMAGE, OR THEFT OF EQUIPMENT Recipients/subrecipients are responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged, or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. EQUIPMENT ACQUIRED WITH CRIME CONTROL ACT BLOCK/FORMULA FUNDS (LTA) Equipment acquired shall be tnanaged to ensure that the equipment is used for criminal justice purposes. Standards and procedures governing ownership, use, management, and disposition are as follows. 1. Title. The Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC §3789, et seq. Section 808, requires that the title to all equipment and supplies purchased with funds made available under the Crime Control Act shall vest in the criminal justice agency or non- profit organization that purchased the property, if it provides written certification to the State MARCIl 2005 56 PART 111 CHAPTER 6: PROPERTY AND EQUIPMENT office that it will use the property for criminal justice purposes. rf such written certification is not made, title to the property shall vest in the State office, which shall seek to have the equipment and supplies used for criminal justice purposes elsewhere in the State prior to using it or disposing of it in any other manner, 2. Use and Management. A subrecipient or State shall use and manage equipment in accordance with its procedures as long as the equipment is used for criminal justice purposes. 3. Disposition. When equipment is no longer needed for criminal justice purposes, a State shall dispose of equipment (for both the State and subrecipients), in accordance with State procedures, with no further obligation to the awarding agency. EQUIPMENT ACQUIRED WITH JUVENILE JUSTICE ACT (OJJDP) FORMULA AND VICTIMS 01? CRIME ACT (OVC) ASSISTANCE (FORMULA) FUNDS Equipment acquired under an award shall be managed to ensure that the equipment is used for criminal justice purposes. Standards and procedures governing ownership, use, management, and disposition are as follows. 1. Title. Title to equipment acquired under an award or subaward will vest upon acquisition in the recipient or subrecipient subject to the obligations and conditions set forth in 28 CFR Part 66. 2. Use. a. A State shall use equipment acquired under an award in accordance with State laws and procedures. The awarding agency encourages the States to follow the procedures set forth in this Guide. b. Other government recipients and subrecipients shall use equipment in accordance with the following requirements: (1) Equipment must be used by the recipient or subrecipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a Federal agency. (2) The recipient or subrecipient shall also make equipment available for use on other projects or programs cunently or previously supported by the Federal govenunent, providing such use does not interfere with the work on the projects or programs for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. User fees should be considered and treated as program income to the project, if appropriate. Notwithstanding program income, the recipient or subrecipient shall not use equipment acquired with funds to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted or contemplated by Federal statute. (3) MARCH 2005 57 PART III CHAPTER 6: PROPERTY AND EQUIPMENT (4) When acquiring replacement equipment, recipients or subrecipients may use the equipment to be replaced as a trade-in or sell the equipment and use the proceeds to offset the cost of the replacement equipment, subject to the written approval of the awarding agency. 3. Management. a. A State shall manage equipment acquired under an award to the State in accordance with State laws and procedures. b, Other government recipient and subrecipient procedures for managing equipment (including replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet the following requirements: (1) Property records must be maintained which include: (a) Description of the property; (b) Serial number or other identification number; (c) Source of the property; (d) Identification of title holder; (e) Acquisition date; (f) Cost of the property; (g) Percentage of Federal participation in the cost of the property; (h) Location of the property; (i) Use and condition of the property; and (j) Disposition data, including the date of disposal and sale price. (2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. (3) A control system must exist to ensure adequate safeguards to prevent: (a) Loss; (b) Damage; or (c) Theft of the property. Any loss, damage, or theft shall be investigated by the recipient and subrecipient, as appropriate. MARCH2005 58 PART III CHAPTER G: PROPERTY AND EQUIPMENT (4) Adequate maintenance procedures must exist to keep the property in good condition. (5) If the recipient or subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 4. Disposition. a. A State recipient shall dispose of its equipment acquired under an award to the State in accordance with State laws and procedures. b. Other government recipients and subreeipients shall dispose of the equipment when original or replacement equipment acquired under the award or subaward is no longer needed for the original project or program, or for other activities currently or previously supported by a Federal agency. Disposition of the equipment will be made as follows: (1) Items with a current per unit fair market value of less than 85,000 may be retained, sold, or otherwise disposed of with no further obligation to the awarding agency. (2) Items with a current per Unit fair market vahle in excess of $5,000 may be retained or sold, and the awarding agency shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency's share of the equipment. Seller is also eligible for sale costs. (3) In cases where a recipient or subrecipient fails to take appropriate disposition actions, the awarding agency may direct the recipient or subrecipient to take other disposition actions. EQUIPMENT AND NON -EXPENDABLE PERSONAL PROPERTY ACQUIRED WITH DISCRETIONARY FUNDS 1. Title. Title to equipment acquired with Federal funds will vest upon acquisition in the recipient subject to the obligations and conditions set forth in 28 CFR Part 66 for State and local units of government, and in 28 CFR Part 70 for other recipients. 2. Use. A State shall use equipment acquired under an award by the State in accordance with State laws and procedures. Local government recipients shall use equipment in accordance with the requirements contained in the section "EQUIPMENT ACQUIRED WITH JUVENILE JUSTICE ACT (OJJDP) FORMULA AND VICTIMS OF CRIME ACT (OVC) ASSISTANCE (FORMULA) FUNDS." Other recipients shall use non -expendable personal property in the project or program for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original project or program, the recipients shall use the non -expendable personal property in connection with its other Federally -sponsored activities in the following order of priority: a. Other projects of the awarding agency needing the property. MARCH 2005 59 PART Ill CHAPTER 6: PROPERTY AND EQUIPMENT b. Grants of a State needing the property. c. Projects of other Federal agencies needing the property, 3. Management. a. A State shall manage its equipment acquired under an award in accordance with State laws andprocedures. b. Local government recipients and subrecipients shall manage equipment in accordance with requirements stated in the section "EQUIPMENT ACQUIRED WITH JUVENILE JUSTICE ACT (OJJDP) FORMULA AND VICTIM OF CRIME ACT (OVC) ASSISTANCE (FORMULA) FUNDS." c. Other recipients' property management standards for non -expendable personal property shall include the following procedural requirements: (1) Property records shall be maintained accurately and include: (a) A description of the property; (b) Manufacturer's serial number, model number, Federal stock number, or other identification number; (c) Source of the property, including the award number; (d) Whether title vests in the recipient or the Federal government; (e) Acquisition date (or date received, if the property was furnished by the Federal government) and cost; (f) Percentage (at the end of the budget year) of Federal participation in the cost of the project or program for which the property was acquired (not applicable to property furnished by the Federal government); (g) Location, use, and condition of the property at the date the information was reported; (h) Unit acquisition cost; and (i) Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a recipient compensates the Federal -sponsoring agency for its share. (2) A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years, Any differences between quantities determined by the physical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The recipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the property. MARCH 2005 60 PART III CHAPTER 6: PROPERTY AND EQUIPMENT (3) A control system shall be in effect to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft of non -expendable property shall be investigated and fully documented. If the property was owned by the Federal government, the recipient shall promptly notify the Federal agency. (4) Adequate maintenance procedures shall be implemented to keep the property in good condition. (5) Where the recipient is authorized or required to sell the property, proper sales procedures shall be established which would provide for competition to the extent practicable and result in the highest possible return. 4. Disposition. a. A State shall dispose of its equipment acquired under the award by the State in accordance with State laws and procedures. b. Local government recipients and subrecipients shall follow the disposition requirements in the section "EQUIPMENT ACQUIRED WITH JUVENILE JUSTICE ACT (OJJDP) FORMULA AND VICTIM OF CRIME ACT (OVC) ASSISTANCE (FORMULA) FUNDS." c. Other recipients shall adhere to the following disposition requirements for non -expendable personal property: (1) A recipient may use non -expendable personal property with a fair market value of less than $5,000 for other activities without reimbursement to the Federal government, or may sell the property and retain the proceeds. (2) A recipient may retain non -expendable personal property with a fair market value of $5,000 or more for other uses provided that compensation is made to the awarding agency or its successor. The amount of compensation shall be computed by applying the percentage of Federal participation in the cost of the original project or program to the current fair market value of the property. If the recipient has no need for the property and the property has further use value, the recipient shall request disposition instructions from the awarding agency. The awarding agency shall determine whether the property can be used to meet the agency's requirements. If no requirement exists within that agency, the availability of the property shall be reported to the General Services Administration by the Federal agency to determine whether a requirement for the property exists in other Federal agencies. The awarding agency shall issue instructions to the recipient no later than 120 days after the recipient's request, and the following procedures shall govern: (a) If so instructed, or if disposition instructions are not issued within 120 calendar days after the recipient's request, the recipient shall sell the property and reimburse the awarding agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the grant. However, the recipient shall be permitted to deduct and retain from the Federal share $100 or MARCH 2005 61 PART In CHAPTER 6: PROPERTY AND EQUIPMENT 10 percent of the proceeds, whichever is greater, for the recipient's selling and handling expenses. (b) If the recipient is instructed to ship the property to other agencies needing the property, the recipient shall be reimbursed by the benefiting Federal agency with an amount computed by applying the percentage of the recipient's participation in the cost of the project or program to the current fair market value of the property, plus any reasonable shipping or interim storage costs incurred. (c) If the recipient is instructed to otherwise dispose of the property, the recipient shall be reimbursed by the awarding agency for such costs incurred in its disposition, 5, Transfer of Title. The awarding agency may reserve the right to transfer title to property acquired with Federal funds that have a fair market value of $5,000 or more to the Federal government or a third party named by the awarding agency, when such a third party is- otherwise sotherwise eligible under existing statutes. Such transfers are subject to the following standards: a. The property must be identified in the award or otherwise made known to the recipient in writing. b. The awarding agency shall issue disposition instructions within 120 calendar days after the end of the Federal support of the project for which it was acquired. If the awarding agency fails to issue disposition instructions within the 120 calendar day period, the recipient shall follow standards set in 28 CFR Parts 66 and 70. c. When title to property is transferred, the recipient shall be paid an amount calculated by applying the percentage of participation in the purchase to the current fair market value of the property. REAL PROPERTY ACQULRED WITH FORMULA FUNDS 1 Land Acquisition. Block/formula funds CANNOT be used for land acquisition. 2. Title. Subject to the obligations and conditions set forthin the award, title to real property acquired under an award or subaward vests, upon acquisition, in the recipient or subrecipient. 3. Use of Real Property. The recipient and its subrecipients may use real property acquired, in whole or in part, with Federal funds for the authorized purposes of the original grant or subaward as long as needed for that purpose. The subrecipients shall maintain an inventory report which identifies real property acquired, in whole or in part, with block or formula funds. The recipient or subrecipient shall not dispose of or encumber its title or other interests. 4. Disposition. The subrecipient shall obtain approval for the use of the real property in other projects when the subrecipient determines that the real property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federally - sponsored projects or programs that have purposes consistent with those authorized for support by the State. When the real property is no Longer needed as provided above, the MARCH 2005 62 PART In CHAPTER 6: PROPERTY AND EQUIPMENT subrecipient shall request disposition instructions from the State. The State shall exercise one of the following: a. Direct the real property to be transferred to another subrecipient or a criminal justice activity needing the property, provided that use of such real property is consistent with those objectives authorized for support by the State. b. Return all real property furnished or purchased wholly with Federal funds to the control of the awarding agency. In the case of real property purchased in part with Federal funds, the subrecipient may be permitted to retain title upon compensating the awarding agency for its fair share of the property, The Federal share of the property shall be computed by applying the percentage of the Federal participation in the total cost of the project for which the property was acquired to the current fair market value of the property. In those instances where the subrecipient does not wish to purchase real property originally purchased in part with Federal funds, disposition instructions shall be obtained from the awarding agency. REAL PROPERTY ACQUIRED WITH DISCRETIONARY FUNDS 1. Land Acquisition. Discretionary funds CANNOT be used for land acquisition. 2. Tide. Subject to obligations and conditions set forth in 28 CFR Parts 66 and 70, title to real property acquired under an award vests upon acquisition with the recipient. 3. Use of Property. The use of property by the recipient is subject to the same principles and standards as outlined for property acquired with formula funds. 4. Disposition. The recipient shalt follow the same principles and standards as outlined for subrecipients, except the recipient shall request disposition instructions from the Federal agency, not the State. 5. Transfer of Title_ With regard to the transfer of title to the awarding agency or to a third party designated/approved by the awarding agency, the recipient or subrecipient shall be paid an amount calculated by applying the recipient's or subrecipient's percentage of participation in the purchase of the real property to the current fair market value of the property. FEDERAL EQUIPMENT In the event a recipient or subrecipient is provided Federally -owned equipment, the following requirements apply: 1. Title remains vested in the Federal government. 2. Recipients or subrecipients shall manage the equipment in accordance with the awarding agency's rules and procedures and submit an annual inventory listing. 3. When the equipment is no longer needed, the recipient or subrecipient shall request disposition instructions from the awarding agency. MARCH 2005 63 PART III CHAPTER 6: PROPERTY AND EQUIPMENT REPLACEMENT OF PROPERTY (EQUIPMENT AND NON -EXPENDABLE PERSONAL PROPERTY) When an item of property is no longer efficient or serviceable but the recipient/subrecipient continues to need the property in its criminal justice system, the recipient/subrecipient may replace the property through trade-in or sale and subsequent purchase of new property, provided the following conditions are met: 1. Similar Function. Replacement property must serve the same function as the original property and must be of the same nature or character, although not necessarily of the same grade or quality. 2. Credits. Value credited for the property, if the property is traded in, must be related to its fair market value. 3. Time. Purchase of replacement property must take place soon enough after the sale of the property to show that the sale and the purchase are related. 4. Compensation. When acquiring replacement property, the recipient/subrecipient may use the property to be replaced as a trade-in or the proceeds from the sale of the property to offset the cost of the new property. 5. Prior Approval. State subrecipients shall obtain the written permission of the State to use the provisions of this section prior to entering into negotiation for the replacement or trade-in of property. RETENTION OF PROPERTY RECORDS Records for equipment, non -expendable personal property, and real property shall be retained for a period of three years from the date of the disposition or replacement or transfer at the discretion of the awarding agency. If any litigation, claim, or audit is started before the expiration of the three-year period, the records shall be retained until all litigations, claims, or audit findings involving the records have been resolved. SUPPLIES 1. Title. Title to supplies acquired under an award or subaward vests, upon acquisition, in the recipient or subrecipient, respectively. . 2. Disposition. if there is a residual inventory of unused supplies exceeding $5,000 in total aggregate fair market value upon termination or completion of the funding support and the supplies are not needed for any other Federally -sponsored programs or projects; the recipient or subrecipient shall compensate the awarding agency for its share. The amount of compensation shall be computed in the same manner as for non -expendable personal property or equipment. MARCH 2005 64 PART 111 CHAPTER 6: PROPERTY AND EQUIPMENT COPYRIGHTS The awarding agency reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: 1. The copyright in any work developed under an award or subaward; and 2. Any rights of copyright to which a recipient or subrecipient purchases ownership with support. PATENTS, PATENT RIGHTS, AND INVENTIONS If any program produces patentable items, patent rights, processes, or inventions, in the course of work sponsored by the Federal award or subaward funds, such facts must be promptly and fully reported to the awarding agency. Unless there is a prior agreement between the recipient and the awarding agency on disposition of such items, the awarding agency shall determine whether protection on the invention or discovery shall be sought. The awarding agency will also determine how rights in the invention or discovery (including rights under any patents issued thereon) shall be allocated and administered in order to protect the public interest consistent with "Government Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, dated August 23, 1971, and statement of Government Patent Policy, as printed in 36 FR 16839). Government -wide regulations have been issued at 37 CFR Part 401 by the Department of Commerce. MARCH 2005 65 OMB A87 ATTACHMENT B SELECTED ITEMS OF COST SECTION 15 "EQUIPMENT & OTHER CAPITAL EXPENDITURES" Only the pertinent portions of this document have been included as an attachment to this MOU OHG 487 Set - /o4! `5 b. Donated services received: (1) Donated or volunteer services may be furnished to a governmental unit by professional and technical personnel, consultants, and other skilled and unskilled labor. The valueof these services is not reimbursable either as a direct or indirect cost. However, the value of donated services may be used to meet cost sharing or matching requirements in accordance with the Federal Grants Management Common Rule. (2) The value of donated services utilized in the performance of a direct cost activity shall, when anterial in amount, be considered in the determination of the governmental unit's indirect costs or rate(s) and, accordingly, shall be allocated a proportionate share of applicable indirect costs. (3) To the extent feasible, donated services will be supported by the same methods used by the governmental unit to support the allbcability of regular personnel services. 13. Employee morale, health. and welfare costs. a. The costs of employee information publications, health or first-aid clinics and/or infirmaries, recreational activities, employee counseling services, and any other expenses incurred in accordance with the governmental unit's established practice or custom for the improvement of working conditions, employer-employee relations, employee morale, and employee performance are allowable. b. Such costs will be equitably apportioned to all activities of the governmental unit. Income generated from any of these activities will be offset against expenses. 14. Entertainment. Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities) are unallowable. 15. Equipment and other capital expenditures. a. For purposes of this subsection 15, the following definitions apply: (1) "Capital Expenditures'; means expenditures for the acquisition cost of capital assets (equipment, buildings, land), or expenditures to make improvements to capital assets that materially increase their value or useful life. Acquisition cost means the cost of the asset including the cost to put it in place. Acquisition cost for equipment, for example, means the net invoice price of the equipment, including the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make it usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in transit insurance, freight, and installation may be included in, or excluded from the acquisition cost in accordance with the governmental 25 unit's regular accounting practices. (2) "Equipment" means an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of the capitalization level established by the governmental unit for financial statement purposes, or $5000. (3) "Special purpose equipment" means equipment which is used only for research, medical, scientific, or other technical activities. Examples of special purpose equipment include microscopes, x-ray machines,surgical instruments, and spectrometers. (4) "General purpose equipment" means equipment, which is not limited to research, medical, scientific or other technical activities. Examples include office equipment and furnishings, modular offices, telephone networks, information technology equipment and systems, air conditioning equipment, reproduction and printing equipment, and motor vehicles. b. The following rules of allowability shall apply to equipment and other capital expenditures: (1) Capital expenditures for general purpose equipment, buildings, and land are unallowable as direct charges, except where approved in advance by. the awarding agency. (2) Capital expenditures for special purpose equipment are allowable as direct costs, provided that items with a unit cost of $5000 or more have the prior approval of the awarding agency. (3) Capital expenditures for improvements to land, buildings, or equipment which materially increase their value or useful life are unallowable as a direct cost except with the prior approval of the awarding agency. (4) When approved as a direct charge pursuant to Attachment B, section 15.b (1), (2), and (3) above, capital expenditures will be charged in the period in which the expenditure is incurred, or as otherwise determined appropriate and negotiated with the awarding agency. In addition, Federal awarding agencies are authorized at their option to waive or delegate the prior approval requirement. (5) Equipment and other capital expenditures are unallowable as indirect costs. However, see section 11, Depreciation and use allowance, for rules on the allowability of use allowances or depreciation on buildings, capital improvements, and equipment. Also, see section 37, Rental costs, concerning the allowability of rental costs for land, buildings, and equipment. (6) The unamortized portion of any equipment written off as a result of a change in capitalization levels may be recovered by continuing to claim the otherwise allowable use allowances or depreciation on the equipment, or by amortizing the amount to be written off over a period of years negotiated with the cognizant agency. (7) When replacing equipment purchased in whole or in part with Federal funds, the governmental unit may use the equipment to be replaced as a trade-in or sell the property and use 26 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 12 ACTION MINUTES of OCTOBER 11, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:21 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS CSD CONSENT CALENDAR 15 Action Minutes — Approved Staff Recommendation (4-0-1) Director Naggar made the motion; it was seconded by Director Washington; and electronic vote reflected approval with the exception of Director Edwards who was absent RECOMMENDATION: 15.1 Approve the action minutes of September 27, 2011. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:22 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, October 25, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL CSD Action Minutes1101111 1 Item No. 13 Approvals City Attorney Director of Finance City Manager "of- -4P TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: October 25, 2011 SUBJECT: Acceptance of Landscape Bonds and Agreement for Landscaped Medians within the Paseo del Sol Development PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors accepts the surety bonds and agreements from Cal -Paseo del Sol, LLC for landscaped medians located on Meadows Parkway, Butterfield Stage Road and Campanula Way. BACKGROUND: Paloma/Paseo del Sol development is an 820 acre residential specific plan located south Pauba Road; north of De Portola and west of Butterfield Stage Road in Temecula. The development was originally started in the late 1990's but development stalled due to the poor economy. Recently, Cal -Paseo del Sol, LLC has been making progress on completing the last few tracts within the specific plan. The conditions of approval for this development required the installation of landscaped medians within its major streets. In order to comply to the conditions of approval, Cal -Paseo del Sol is in the process of building three (3) landscaped medians on Meadows Parkway; one (1) landscaped median on Butterfield Stage Road and one (1) landscaped median on Campanula Way. Once the landscaping is installed and the TCSD has approved the landscape improvements, staff will recommend the appropriate release or reduction of the submitted bonds. At that time, TCSD will take over the maintenance responsibilities of the landscaped medians improvements. The following is information regarding the bonds: Project: Campanula Way Median (CSD11-0010) Tract No: 24182-24186 Surety: International Fidelity Insurance Company Faithful Performance Bond No. 0491526 - $32,300.00 Labor and Materials Bond No. 0491526 - $16,150.00 Warranty Bond No. 0491527 - $3,230.00 Project: Meadows Parkway Median - South of Empezar Street (CSD10-0001) Tract No: 24183 Surety: International Fidelity Insurance Company Faithful Performance Bond No. 0491522 - $17,700.00 Labor and Materials Bond No. 0491522 - $8,850.00 Warranty Bond No. 0491523 - $1,770.00 Project: Meadows Parkway Median- North of Leena Way (CSD10-0002) Tract No: 24186-1 Surety: International Fidelity Insurance Company Faithful Performance Bond No. 0491524 - $59,000.00 Labor and Materials Bond No. 0491524 - $29,500.00 Warranty Bond No. 0491525 - $5,900.00 Project: Meadows Parkway Median Between McCabe & Via Campo (CSD10-0003) Tract No: 24187-1 Surety: International Fidelity Insurance Company Faithful Performance Bond No. 0491520 - $113,400.00 Labor and Materials Bond No. 0491520 - $56,700.00 Warranty Bond No. 0491521 - $11,340.00 Project: Butterfield Stage Road Median (CSD10-0004) Tract No: 24188-2 & -3 Surety: Ullico Casualty Company Faithful Performance Bond No. PHSB016000057 - $252,400.00 Labor and Materials Bond No. PHSB016000057 - $126,200.00 Warranty Bond No. PHSB016000058 - $25,240.00 FISCAL IMPACT: None. The cost of construction for the all landscaped medians will be borne by the developer. ATTACHMENTS: Vicinity Map Agreements and Bonds Paloma/Paseo del Sol Development - Median Locations r A 6 Paloma/Paseo del Sol Median Locations I♦CSD10-0001 CSD10-0002 CSD10-0003 )CSD10-0004 CSD11-0010 Streets Paloma del Sol Paseo del Sol 0 300 600 1 200 1,800 200 Fe et rlgislarcmap projectslcommunityserviceslpalomapaseo del sol mediaums smith kb.mxd 1,1 ` City Of Temecula Community Services Department I9A9 41000 Main Street . Mailing Address: P.O. Box 9033 •-emecula, CA 92589-9033 (951) 694-6480 • Fax (951) 694-6488 • www,citvofternecula.orq Parkland/Landscape Improvement Agreement iem der t 3 'a -o ( 1 Date of Agreement: SeP t Name of Subdivider: Cal -Paseo del Sol, LLC Address of Subdivider (street): 9820 Towne Centre Drive, Suite 100 Address of Subdivider (city, state, zip): San Diego, CA 92121 Contact: Gregor Connors Titre: Project Manager Phone Number 858 674-1300 Fax Number, 858 455-5368 Name of Subdivision: Meadows Parkway Landscaped Median South of Empezar Street (1,020 sf) Tract No.: 24183 Parkland/Landscape Improvement Plans No.: (Referred to as "Landscape Improvements") CSD10-0001 Estimated Total Cost of Improvements: $17,700.00 Estimated Completion Date: (Referred to as "Completion Date") 74.letu.o�r.5 '3 1 "4-o ti t Name of Surety: S1nk'eena++'aw.o,\ F; de(t'fy ,j,r,Surance Caw. Paw/ Address of Surety (street): a33 W,ISkiv-e_ Alva. j Swst•e e),0 Address of Surety (city, state, zip): h ica C A 90 YOI Contact: S t,Qh'e Wr) I c : Title: Phone Number: 'MD - 3q 5 _ '-4.- g g -4- Fax Number. Bond Noti Amount Faithful Performance Bond Q y . / S a a $ 17,700.00 Labor and Materials Bond 0 9 q l ' a-, , $ 8,850.00 Bond for Warranty 09 91 S'"- 3 $ 1,770.00 1 R:ISMITHB\Development Review\Median Plan Checks\CSD10-0001 Meadows Median\Bond Documents\Parkland Landscape Agreement.doc This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of Califomia, 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 2 R:ISMITHB\Development Revlew\Medlan Plan Checks\CSD10-0001 Meadows Median\Bond Documents\Parkland Landscape Agreementdoc 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. 3 R:\SMITHS\Development Review\Median Plan Checks\CSD10-0001 Meadows Median\Bond Documents\Parkland Landscape Agreement.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 Obligations to Construct Parkland/Landscaping Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file 4 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0001 Meadows Medlan\Bond Documents\Parkland Landscape Agreement.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 Tess, 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 5 R:ISMITHB\Development Review\Median Plan Checks\CSD10.0001 Meadows Median\Bond Documents\Parkland Landscape Agreement.doc rights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Rights -of -Way. If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and 6 R:\SMITHB1Development RevIew'Median Plan Checks\CSD10-0001 Meadows Median\Bond Documents\Parkland Landscape Agreemenkdoc 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, 7 R:ISMITHB1Development Review\Median Plan Checks\CSD10-0001 Meadows Median\Bond Documents Partdand Landscape Agreement.doc 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 8 R:\SMITHBIDevelopment Review\Median Plan Checks\CSD10-0001 Meadows Median\Bond Documents\Parkland Landscape Agreement.doc 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 9 R:ISMITHB1Development Review'Modian Plan Checks\CSD10-0001 Meadows Median\Bond Documents\Parkland Landscape Agreement.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 attomey's fees. 7. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision 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. 10 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0001 Meadows Median\Bond Documents\Parkland Landscape Agreement.doc 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 11 R:ISMITHB1Development Review\Median Plan Checks\CSD10-0001 Meadows Median\Bond Documents\Parkland Landscape Agreement.doc 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. 12 R:\SMITHS\Development Revlew\Medlan Plan Checks\CSD10-0001 Meadows Medlan\Bond Documents\Parkland Landscape Agreement.doc 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 13 RISMITHB\Development Review\Medlan Plan Checks\CSD10-0001 Meadows Medlan\Bond Documents\Parkland Landscape Agreement.doc repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not Agent of City, Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Injury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public During Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 14 R:\SMITHS\Development RevlewlMedlan Plan Checks\CSD10-0001 Meadows Median\Bond Documents\Parkland Landscape Agreement.doc 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 15 R:ISMITHB\Development Review\Median Plan Checks\CSD10-0001 Meadows Median\eond Documents\Parkland Landscape Agreement.doc 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. 16 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0001 Meadows Median\Bond Documents\Parkland Landscape Agreement.doc 19. Time of the Essence. Time is of the essence of this Agreement. 20. Time for Completion of Work Extensions. SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than 0-0-vuk.a.r-i.4 3 1 ti ao jci. . 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 Vesting of Rights. 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. 17 R,ISMITHB\Development Review\Median Plan Checks1CSD10-0001 Meadows Median\Bond Documents'Parkland Landscape Agreement.doc 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 41000 Main Street Temecula, CA 92590 or P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: Cal -Paseo del Sol, LLC 9820 Towne Centre Drive, Suite 100 San Diego, CA 92121 Attn: Mike Rust 858 674-1300 With Copy to: Cal -Paseo del Sol, LLC 9820 Towne Centre Drive, Suite 100 San Diego, CA 92121 Attn: Legal Department 23. Severability The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 18 R:ISMITHB\Development Review\Medlan Plan Checks\CSD10-0001 Meadows Median\Bond Documents\Parkland Landscape Agreement.doc 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Legal Responsibilities, The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this section. 28. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. 19 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0001 Meadows Medlan\Bond Documents\Parkland Landscape Agreement.doc IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Temecula Community Services District Board President. SUBDIVIDER TEMECULA COMMUNITY CAL-PASEO DEL SOL, LLC SERVICES DISTRICT BOARD By: By: Michael L. Rust Name: Vice President Name: Jeff Comerchero Title: Title: President By: Name: Title: (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) ATTEST: By: Susan W. Jones, MMC, City Clerk RECOMMENDED FOR APPROVAL: By: Greg Butler, Director of Public Works By: Herman D. Parker Director of Community Services APPROV ! AS TO FO M: By: / Peter Thorson City Attorney 20 R:\SMITHB\Development Review\Medlan Plan Checks\CSD10-0001 Meadows Median\Bond Documents\Parkland Landscape Agreementdoc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r. arc ,•<, oc crMc�� n; ,c rc .c c. risc�.c:�,i .<—,,,c,c . , :r.� c rely .,,exv . ^; State of California County of onset ,5 Pr D) Ec,c) %Pf 13,2Dlibefore me, Date personally appeared } %c$1 -ie, • Here Insert Nae and Title of the 011icer REL-fL k. Name(s) of Signer(s) 5-r z z C. MCGEHEE Commission #t 1891656 Notary Public - California I San Diego County My Comm. Expires Jun 30, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(q) whose name(p5 is/aA subscribed to the within instrument and acknowledged to me that he/sVe/th jt executed the same in his/hit/thffr authorized capacity(i), and that by his/W./thee signature(O on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL - - Signature of Notary Public 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 CI -11/ Title or Type of Document: lmpro/-rneink 0f CSD 10 -POO I eeine-rt,E ((V s Ply +MAeiff4".i vrepe Document Date: Number f gees. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑'Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact LI Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ® 2009 National Notary Association • NationaINotary.org • 1 -800 -US NOTARY (1-800-876-6827) RIGHT THUMBPRINT OF SIGNER Top of thumb here 91 2 Item 45907 ro 1 D i a 1 co loon -Q/Qso z 0 1- U 0 a 2 >- z U 0-1 ifhewYlp EMPEZAR ST. CAMPANULA WAY TO O ti M UJ 1- Po`N '"��0OQ ,'BOZO N WU W•-0 EC/LU 0 = Z ZZU) co11) 0 U) 1- z J 2) z 0 u UV, !NU I: "VOW ILMMYI 0011 I0 AK:.VJ II IM v n.> L.LYvJIfINInYYn Mtv. P4 0M7I• WNYJ MST 0 W§itifi g yd 8 A Ph 0 804 4111 a 14 ¢31 U¢�• w 0 Z z U §F. Oia38 U agaz • RS Rigg81>, Ain NZ w ��IpO Y w Al of • y m A• i g 6 8 :p ➢�f 21 ig gii .1 J $ll g g Is i$ Ise e r If a !Si t= pi! i E C gti x. - 1 t 8 T.C.S.D. STANDARD NOTES • M •e9W.ry .Trot Ry O T •••Lenwaoe snMery so.ceomn ra► 4II.t Ws* 1. Ive•Ilon.nIMTIYDISG.wo.b .ctor or IMKWhors.mnbvtbann.w. lob • Conn•,'WI aaiOttbe RSD et :95t) M.MW M•..a+w+ll..Q.p. M+s anb.w. .nu1M wpb tn. no l 4o€111 :4 r " �aple' g _II- x sr gidp a a; t 3,p ! 01 Sh a_ II Ill , � a 111 WI 4 in, ,1 earl d k TCSD-99-007 CSD10-0001 It a a a a z Z a 1 01 sg 1 A el 1111.11 ,,,...,..la... MAIL_ I.rt:Y)O] A. .MN. ia.v...tY6111M.4:/i. 0 i WIRING NOTES 2 i 6 8 HOLD HARMLESS AND INDEMNIFICATION CLAUSE T.C.S.D. APPROVAL a II tr 1 rl rm>,1 runic nnul .a O.V. /1 h:LOOM WI1LTIs) 1811bdml.aa,_ E W1D1• WMW.111126 T.CS.D. STANDARD NOTES TREE SCHEDULE 7 0 L 1 s2 1_ i4 I 1 • O 0 0 8 PLANTING LEGEND Alf! hfllilx E k'ied Jg 4 g h 15 1 a 1 rt .n -.(.w .> rn41: v:....o> AMY nv.a> :i... a..>n, J. m..r avnmerauMIN VOX/ m el WA* ISIO * 0 Z 0 a 1 0 W r 1 3 a Y t 1 S 2 8 a III i0 a� !Ali8 ?ab �a i $oo..iio1H0ac t 1 n 44 44 F z 1 52 4 1 a CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-KIllea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 RESOLVED FURTHER, that any actions heretofore or hereafter taken by the officers of the Company within the terms of these resolutions are hereby ratified, certified and adopted In ail respects. DATED es of August 1, 2011 MANAGING MEMBRIR Cal -Land Asset Partners, L.P. a California limited partnership By: Newland TFC, LLC a California limited liability company Its: General Partner By: Dolores A. Valle Corporate Secretary Page 2 of 2 Bond No. 049152.2 Premium: $266 CITY OF TEMECULA PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND WHEREAS, the City of Temecula, State of California, and Cal -Paseo del Sol, LLC; (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain parkland Improvements, which said Agreement, dated 3 ep w%\o ( \3 t , and identified as Meadows Parkway Median, CSD10-0001, 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; NOW, THEREFORE, we the Principal and International Fidelity Insurance Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $17,700.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and • perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; othefwise, 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 therefore, 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 judgment rendered. R:1SMI rHl31cevelopment Reviewwedian Plan Checka\CSDtr1-0001 Meadows Medlanl8ond DommentatFalthful Performance Bond doc 0817.912011 Peformance Bond No. 0491522 Page Two (2) The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreernent or to the work to be performed there under or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on. September 9, 2011 (Seal) Intern tonal Fidelity Insur nce Compan SURETY By: _ v j/ Janina Monroe ( (Name) Attorney -in -Fact (Title) APPROV D AS TO FORM: Peter Thorson, City Attorney (Seal) Cal -Paseo del Sol, LLC PRINCIPAL By:“ Michael L. Rust Vice Preslc e) (Title) By: (Name) (Title) R:1SMI7I113Zevelopment Review\Medlan Plan CheckslCSD10-0009 Meadows Medlan\Bond DocumentalFaithful Performance Bond-doc 06/29/2011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County fEPr 0�9 S 2011 On Date before me, &W. } Michelle Haase, Notary Public Here Insert Name and Title of the Officer personally appeared Janina Monroe Name(s) of Signer(s) MICHELLE HAASE Commission # 1810438 Notary Public - California Orange County My Comm. Expires Aug 22, 2012 Place Notary Seal Above who proved to me on the basis of.satisfactory evidence to be theerson whose name is/' subscribed to the within instrumbnt and ac owl dg d o me that)t /she/t executed the s e inj$//her/t authorized capacity and that by her/t signatureN on the instrument the. person(', or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P• 4 Witness my hand and official seal. ��.Signature V e-/ zZGl•d Signatury6f Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: O Individual O Corporate Officer—Title(s): O Partner— 0 Limited 0 General 0 Partner -0 Limited 0 General O Attorney in Fact 0 Attorney in Fact O Trustee 0 Trustee ❑ Guardian or Conservator 0 Guardian or Conservator O Other: 0 Other: D Individual ❑ Corporate Officer—Title(s): Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here `g - Ge4 G`CC,^t jos e' • . .yc e ,%4---77Wr-.r .er.' 'dr -4w • cr er . Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE. COMPANY HOME OFFICE; ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, 'a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and; appoint yrs.: JANINA MONROE, PAUL BOUCHER Irvine, CA. its true and lawful attorney(s)-in-fact to execute, seal and deliver for anti on its behalf as surety,, any and all bonds :Ind contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, ntle, regulation, contractor otherwise, and the execution of such' 'tnstrumeiu(s)'in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers of its principal office: This Power of Attorney is executed, and may he revoked, pursuant to and by authority of Article 3 -Section 3, of the 13y -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCECOMPANY ata meeting called and held on the 7th day of February, 1974. The President or any Vice President; Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory m cite nature thereof and, (2) 'To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a trite excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex On this 16th day of October 2007, before me carne the individual who executed the pprecedin • instrument to Erie personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. 4/../ CO NOTARY PUBLIC IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the. day and year first above written. CERTIFICATION I, the undersigned officer of INTERNA'T'IONAL FIDELITY INSURANCE COMPANY do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit; and the copy of the Section of the By -Laws of stud Company' as set.forth in said Power. of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transo.r'ipts thereof, Arid of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov. 21,203.0 IN TESTIMONY WHEREOF, 1 have hereunto set my hand this of SEP 0 9 2011 SEP 092011 404,Lot.2)4,- Assistant Secretary. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rrtrr„ r� r� r��sreserMfc�ea �c�re c� csrMkrc ecr�refi�cPr-��rn State of California County of SAS} 1J / CACI } OtZj1312C., kc. O11before me, ( ER E'erJOTAYlt Ti2-v� P1�.(�iLI c)� Date j� ,� Here Insert Name antle of the Office personally appeared ! "\ ( 'iiRs r-- L. Name(s) of Signer(s) C. MCGEHEE Commission # 1891656 Notary Public - California San Diego County Comm. Expires Jun 30, 2014 who proved to me on the basis of satisfactory evidence to be the person) whose name(a`) is/a subscribed to the within instrument and acknowledged to me that he/sye/thhy executed the same in his/h r/thOr authorized capacity(i$), and that by his/hVr/thcofr signature(v) on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offi ;.:I se I. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to anothe1r d�� 9 �y 1� Description of Attached Document Ct '1',$€7., `ern (�C�., 1'Ii ,,k!'�� Title or Type of Document: FAL-TN Vu-1.—Ivor Mo-nce_ oN b )..14 6 Li - Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual RIGHT THUMBPRINT U Individual OF SIGNER ❑ Partner — 0 Limited O General Top of thumb here 0 Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator C] Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: .1‘.34,—",(44,1g>: 4 U ^vim 'k Si e. 4^ g..^L*a` t� ca"Wo.. <^ G9 wrtc^c o 1 -800 -US NOTARY (1-800.87&6927) ® 2009 National Notary Association • NatfonalNotary.org RIGHT THUMBPRINT OF SIGNER Top of thumb here CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-KIllea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company Is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer In his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 Bond No. 0491522 Premium is included in Performance Bond. CITY OF TEMECULA PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND WHEREAS, the City of Temecula, State of California, and Cal -Paseo del Sol, LLC, (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated Se p Atm be( 13 r_ ll , and identified as Meadows Parkway Median, CSD10-0001, 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 NOW, THEREFORE, we the principal and International Fidelity Insurance Company as Surety, are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, material men, 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 $8,850.00, 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 therefore, there shall be included costs and reasonable expenses and fees, R:ISMITHB\Development RevlevAMedian Plan Checka\CSD10-0001 Meadows Medlan\Bond Domments'Labor and Materials Bond.doc Page I of 3 Payment Bond No. 0491522 Page Two (2) including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. if the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed there under or the specifications accompanying the same shall in anyway affect its obligations on this bond, and It does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. R'ISMITHB\Development Roviaw'Modlan Plan Chet 1CSD10-U001 Meadows Medias Bond Document \Labor and Materials Bond,doc Page 2 of 3 Payment Bond No. 0491522 Page Three (3) IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on . September 9, 2011 International idelity URETY (Seal) (Seal) anina Monroe (Name) \moi Attorney -in -Fact Cal -Paseo del Sol, LLC PRINCIPAL By: I - Michael L. Rust Vie-e-Predent drne (Title) (Title) Pe er Thorson, City Attorney By: (Name) (Title) R:13MrrHBu3evetopment R41.4aANVIedlan Plan Checks\CSD10-0001 Meadows Medianleand DodunentalLabor and Materials Bond.doo Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange SEP 0 9 Nil On Date personally appeared } before me, Michelle Haase. Notary Public Here Insert Name and Title of the Officer Janina Monroe Name(s) of Signer(s) MICHELLE HAASE Commission # 1810438 Notary Public - California Orange County My Comm. Expires Aug 22, 2012 Place Notary Seal Above who proved to me on the basis of ,satisfactory evidence to be theerson whose name is/� subscribed to the, within instrument and ac owl dg d to me that�e/she/t executed the same i her/tt .r authorized capacity and that by herftef signatureD4 on the instrument the. persori(, or the entity upon behalf of which the personf acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature OPTIONAL Pio Signaturq.6f Notary Public 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(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — O Limited 0 General O Attorney in Fact O Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: O Individual El Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General ❑ Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ' _ ' e re?r r 'e7 ea • es • y _ `'eP•4,,,* , ✓ ,rir-"rr -rrrfdr -,/Cw, o/. b>.• -e,», •` , e7 -_: 77 . Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNA'T'IONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of Ncw Jersey, and having its principal office in the City of Newark, Ncw Jersey. does hereby constitute and appoint JANINA MONROE, PAUL BOUCHER Irvine, CA. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory, in the nature thereof, which are or may allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the. execution of such tnstrument(s) in .pursuance: of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers: at its principal office: This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section: 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAI. FIDELITY INSURANCE COMPANY at a meeting called and held on the: 7th day of February. 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary. shall have power and authority (1) To appoint Attorneys -in -fact. and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power. of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at meeting duly called and held on the 29th day of April, 1982 of which the following is a tete excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. .Akcvo.ATY IVj' . © SEAL R ,. 1904`a, c- IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex On this 16th day of October 2007, before me carne the individual who ex et ted the preceding instrument, to int personaltyknown, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, 1 have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires N)).'. 2!, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sectionof the By -Laws of ;aid Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts :hereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto seamy hand this day of SEP 0 9 2011 SEP 09201 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _�,F>F,�r.;e�c�.�.riso:�,�c�,�:r•:cr..�:czar.,�c„2;�ec�x=:c>,ifr�.�-c,z:�.c�c,�;c.,�,cr,F>�x�.rnc:ru>c��.c�ec��.Gc•:�.cr,.c� tc State of California County of �Iter13 l E6.0r.'D omSe t3 (2DIt before me, C. 1`�`-&€ E JOltC-) Date Here Insert P(ame and Title of the O icer } personally appeared M(Kkt✓ L. TRtiv'f Name(s) of Signer(s) C. MCGEHEE Commission # 1891656 Notary Public - California San Diego County Comm. Expires Jun 30, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person) whose name(y!) is/ar6 subscribed to the within instrument and acknowledged to me that he/sVe/tb6y executed the same in his/lir/thtir authorized capacity(i0), and that by his/h0r/thetfr signature() on the instrument the person(4 or the entity upon behalf of which the person(pj acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and of icial seal. .40 Signature: OPTIONAL Signature of Notary Public 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 docu51ent. L 04- -Verv‘ee Qo`, -45 s Y `' ik�dcn� c& -Q-0 �ood too b 4416.2a �'.3 'der Description of Attached Document Title or Type of Document: t-At=vo 1 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): LI Individual ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here bos c^ oA = k 2 e' c" 2,f4` Ve. o �c kr� �% c, 6� w�!a � J 21 911110 AlMinnal Nuhn, aeennintinn . NnrnnnINnron, nrn . 1.AOn.I IC Nr1TARY 11.Rrin_A7R.AR971 Ilam 880n7 CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-Klllea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named Individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company Is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, Including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as ;such officer shall approve in hls or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Pogo 1 of 2 Bond No. 0191523 Premium: $100 CITY OF TEMECULA PARKLAND/LANDSCAPE WARRANTY BOND WHEREAS, the City of Temecula, State of California (hereinafter designated as "City"), and Cal -Paseo del Sol, LLC (hereinafter designated as "Principal') have entered into an Agreement whereby Principal agrees to install and complete certain designated Parkland improvements, which said Agreement, dated � dember 131 I L and identified as Meadows Parkway Median, CSD10-0001, is hereby referred to and made a part hereof; and WHEREAS, Principal is required to warranty tha work done under the terms of the Agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished, in the amount of ten percent (10%) of the estimated cost of the improvements; NOW, THEREFORE, we the Principal and . International Fidelity Insurance Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $1,770.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally_ The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all R:ISMITHB1Development Revlewdutedlan Plea Checks\CSD10-Q001 Meadows Medlanktiond Documenislwarranty Bond.doc Pagel 1 ora Bond No. 049152.3 Page Two (2) 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 therefore, 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 judgment 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 hereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. R:\SMITH6\Devalopment Review\Medlan Plan Checks\CSD10-0001 Meadows Modlan\Bond Documentslwarranty Bond.doc Page 2 of 3 Bond No. 0491523 Page Three (3) IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on ... .. September 9 , 20 11 International St) " ETY By {Seal) .(Seal) surance mpany Janina Monroe (Name) Attorney -in -Fact (Title) APPRO 1 D AS TO FORM: Peter Thorson, City Attorney Cal -Paseo del Sol, LLC PRINCIPAL By: Michael L. Rut Vice President ....... (Name) (Title) By. . (Name) (Title) RISMRHalneveloproent Revvew Modien Plan CheckalC8D10-000t Meadows Mediattl8ond Doom entslWdrranty Bond.doo Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange SEP 0 9 2011 On before me, Michelle Haase. Notary Public Here Insert Name and Tolle of the Officer "" e 1 Date personally appeared Janina Monroe Name(s) of Signer(s) MICHELLE HAASE Commission # 1810438 Notary Public - California Orange County a ' "" My Comm. Expires Aug 22, 2012 Place Notary Seal Above who proved to me on the basis of,satisfactory evidence to be theersonwhose name is/subscribed to the within instrument and ac owl dg d to meme that)e/she/t executed the same i i3/her/tF 'r authorized capacity and that by her/tW signature on the instrument the person , or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature 7;7 Signal ' of Notary Public OPTIONAL ••k 1,- 4 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(s) Signer's Name: Signer's Name: ❑ Individual O Corporate Officer—Title(s): O Partner— 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: O Individual O Corporate Officer—Title(s): O Partner — 0 Limited 0 General O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here • v v.. V" ay. v('•- • _ , ern er. 47 . n?z er ver e& .9'4-e745 74"" .rimer e erre !? e>' ear, • .• Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE. NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New. Jersey. does hereby constitute and appoint JANINA MONROE, PAUL BOUCHER Irvine, CA. its true and lawful attorneys) -in -fact to execute: seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory to the nature thereof, whichare or may be allowed, required or permuted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if thesame had .been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the I3y-Laws adopted by the Board of Directors of iNTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may beiaffixed to any such power of attorney. or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such _facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. c L' re. SEAL c-) r�y1904�, �f d�1bl 444/ ESc3 * 04‘a IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. IN1ER.NATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex • Secretary On this 16th day of October 2007, before me came the individual who executed the precedingg instrument, to me personallyy known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company: that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. NOTARY PUBLIC * JER� IN TESTIMONY WHEREOF, 1 have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written: CERTIFICATION I. the undersigned officer of INTERNATIONAL EIDEI;I'I'Y:INSURANCE COMPANY ANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY; and that the same are correct transcripts thereof, and of the whole of die said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov. 21, 2010 IN TESTIMONY WHEREOF, I have hereunto seamy hand`tltidV 9if SSP 0 211 OFX:s4t1A401"Ceb)-- Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c� r� roc rc�rcc rci eco rc� cxe • State of California County of 5A.4 I taea ❑ + 13,20(1 before me, l "� e t/Ayv\CD'T Date Here Insert Name awl rifle of the Officer_ personally appeared iC iL L_ .�.t�� Name(s) of Signer(s) C. MCGEHEE Commission # 1891656 Notary Public - California San Oleo County My Comm. Expires Jun 30.2014 who proved to me on the basis of satisfactory evidence to be the person() whose name(5 is/O subscribed to the within instrument and acknowledged to me that he/sf)&tt?ey executed the same in his/het/thAr authorized capacity(i0), and that by his/hot/their signature(4 on the instrument the personV, or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form /co another document. p Description of Attached Document CI - ti IIT:e-►^^e—la--$ r xkli k Title or Type of Document: LA)o.rr c$pN D 740 49 3 S O f .ezLZ/L) Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): Signer's Name: LI Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited D General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here . _4^xc t9 -Vv^ cssC.^�^ p -J S 2009 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800.876-6827) Item #5907 CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-Klllea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company Is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 City Of Temecula Community Services Department 41000 Main Street • Mailing Address: P.O. Box 9033 • Temecula, CA 92589-9033 (951) 694-64-80 • Fax (951) 694-6488 • www,citvoftemecula,o-q Parkland/Landscape Improvement Agreement 3 ')._Q 11 Date of Agreement: J�,lir. w02,-( r i ` Name of Subdivider Cal -Paseo del Sol, LLC Address of Subdivider (street): 9820 Towne Centre Drive, Suite 100 Address of Subdivider (city, state, zip): San Diego, CA 92121 Contact: Gregor Connors Title: Project Manager Phone Number. 858 674-1300 Fax Number 858 455-5368 Name of Subdivision: Meadows Parkway Landscaped Median North of Leena Way (5,273 sf) Tract No.: 24186-1 Parkland/Landscape Improvement Plans No.: (Referred to as "Landscape Improvements") CSD10-0002 Estimated Total Cost of Improvements: $59,000.00 Estimated Completion Date: (Referred to as Completion Date") -t- 3 0.V\ wok, r n 31t 1-o t Name of Surety: aTeli-e,-,,tia,i-l•ona1 ci'c1eIr"}yshSu.ra,v►ce einrn e Address of Surety (street): a 3 3 W i (S ),. ; re., 4lvt;1 .) 5,4 ,'• f e cal, 0 Address of Surety (city, state, zlp): AA-A,,,Mt) ,,; c PF 4o -io Contact: S Inu.►,e w, t F Title: Phone Number. 3 to - 39 s - 8 g 9- Fax Number. Bond No. Amount Faithful Performance Bond 69 q l 5 a `I $ 59,000.00 Labor and Materials Bond G L{ q ( Say $ 29,500.00 Bond for Warranty 09 g t 5 a. S $ 5,900.00 1 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0002 Meadows Median 2\Bond Informatlon\Parkland Landscape Agreement.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 2 R:ISMITHB1Development Review\Median Plan Checks\CSD10-0002 Meadows Median 21Bond Information\Parkland Landscape Agreement.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. 3 R:ISMITHB1Development Review\Median Plan Checks\CSD10-0002 Meadows Median 21Bond Information\Parkland Landscape Agreement,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 Obligations to Construct Parkland/Landscaping Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of Califomia, 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 4 R:\SMITHB1Development Review\Median Plan Checks\CSD10-0002 Meadows Median 21Bond Information\Parkland Landscape Agreement.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 5 R:ISMITHB\Development Review'Median Plan Checks\CSD10-0002 Meadows Median 21Bond Information\Partdand Landscape Agreement.doc rights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Rights -of -Way. If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and 6 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0002 Meadows Median 21Bond Informatlon\Parkland Landscape Agreement.doc 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, 7 R:ISMITHB\Development Review\Median Plan Checks\CSD10-0002 Meadows Median 2\Bond Information\Parkland Landscape Agreement.doc 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 8 R:ISMITNB\Development Review\Median Plan Checks\CSD10-0002 Meadows Median 21Bond Information\Parkland Landscape Agreement.doc 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 9 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0002 Meadows Median thBond Information1Parkland Landscape Agreement.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. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged 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. 10 R:\SMITHS\Development ReviewlMedian Plan Checks\CSD10-0002 Meadows Median 2\Bond Information\Parkland Landscape Agreement.doc 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 11 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0002 Meadows Median 21Bond Information\Parkland Landscape Agreement.doc 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. 12 R1SMITHB\Development ReviewlMedian Plan Checks\CSD10-0002 Meadows Median 2\Bond Information\Parkland Landscape Agreement.doc 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 13 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0002 Meadows Median 21Bond Information\Parkland Landscape Agreement.doc repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not Agent of City. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Injury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public During Construction, Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership, Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 14 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0002 Meadows Median 2\Bond Information\Parkland Landscape Agreement.doc 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 15 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0002 Meadows Median 21Bond Information\Parkland Landscape Agreement.doc 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. 16 R:\SMITHB\Development Review\Median Plan Checks\CSD10.0002 Meadows Median 21Bond Information\Parkland Landscape Agreement.doc 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 Jan(AarGI 31 Zo 1 a.. 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 Vesting of Rights. 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. 17 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0001 Meadows Median\Bond Documents\Parkland Landscape Agreement.doc 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 41000 Main Street Temecula, CA 92590 or P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: Cal -Paseo del Sol, LLC 9820 Towne Centre Drive, Suite 100 San Diego, CA 92121 Attn: Mike Rust 858 674-1300 With Copy to: Cal -Paseo del Sol, LLC 9820 Towne Centre Drive, Suite 100 San Diego, CA 92121 Attn: Legal Department 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. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 18 R:\SMITHS\Development Review'Median Plan Checks\CSD10-0002 Meadows Median 21Bond Information\Parkland Landscape Agreement.doc 26. Incorporation of Recitals, The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Legal Responsibilities, The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this section. 28. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. 19 R:ISMITHBIDevelopment Revlew\Medlan Plan Checks\CSD10-0002 Meadows Median 21Bond Information\Parkland Landscape Agreement.doc IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Temecula Community Services District Board President. SUBDIVIDER TEMECULA COMMUNITY CAL-PASEO DEL SOL, LLC SERVICES DISTRICT BOARD By: ji---‘..1..-AJI- By: Michael L. Rust Name: Vice President Name: Jeff Comerchero Title: Title: President By: Name: Title: (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) ATTEST: By: Susan W. Jones, MMC, City Clerk RECOMMENDED FOR APPROVAL: By: Greg Butler, Director of Public Works By: Herman D. Parker Director of Community Services APPR• -D AS • FORM: By: / Peter Thorson City Attorney 20 R1SMITHB\Development ReviewlMedian Plan Checks\CSD10-0002 Meadows Median 21Bond Information\Parkland Landscape Agreement.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - c o c c e c r F c �rcrir� circ � r ,c>,ac;x>r-,e5< r�>rczcx c. c i z x c�a<�, fl County of --���_J C RC.GgI4e , A.10 TA T wp � 4 1 Here Insert Name and Title of the Officer RLCAREt.._ L. I�- LLST Name(s) of Slgner(s) State off California sANI DIEGO On l3t2ottbefore me, personally appeared C. MCGEHEE Commission # 1891656 Notary Public - California Z San Diego County My Comm. Expires Jun 30, 2014 who proved to me on the basis of satisfactory evidence to be the person(' whose name(' is/?fe subscribed to the within instrument and acknowledged to me that he/s1A/ttoy executed the same in his/l r/ttjir authorized capacity(i@f;), and that by his/h/r/th/ir signature*) on the instrument the person(s), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and off i ial seal. Signature: 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 Gt-r� o4 -.Q(1y► CSDlO Title or Type of Document: I Me rbtvte vt_. drtkc Qq re_e_ofvurt. % %.J $ P6 ..t �� [ axe Document Date: c1 Numberof PageQs: P� t,Uor Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Place Notary Seal Above Signature of Notary Public Signer Is Representing: RIGHT TH OF S UMBPRINT GNER Top of thumb here Signer's Name: ❑'Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited D General ❑ Attorney in Fact D Trustee D Guardian or Conservator O Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ® 2009 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-Klliea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named Individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 RESOLVED FURTHER, that any actions heretofore or hereafter taken by the officers of the Company within the terms of these resolutions are hereby ratified, certified and adopted In ell respects. DATED as of August 1, 2011 MANAGING MEMBER Cal -Land Asset Partners, L.P. a California limited partnership By: Newland TFC, LLC a California limited liability company Its: General :Partner By: Dolores A. Valle Corporate Secretary Page 2 of 2 D 0 8 1 8 8 0 was N . u1Q z 0 0U) nz Ow W <E ro VI g Y9 cc N cc W Z zz 0 U 0 W U • r, 1 Ftiw Vl a 'UV n rc, tP fl 7CVM 1001,40 no1010ern I$74O7t4a MWl.Oia4Y i arIM0.Ya tl WUN.lowam *ma z 0 1- Q 0 0 J z U y m pE 4 $ e E 4 @ l o LEENA WAY TO CASINO COURT U O M min UJ 5K< coD.wciWLu N ZZm� #Iggoo 8" gra3. w 8 z J U) z 0 0 18§ gW 111 T. hi;e < PI 11 I ail 6.2 x w z 11) 144 W z O 4 C-3OD;�2 Q z0000 NQQ .t .z t- F; 111 EE EE EE 2E 75 0 ... SE SE ES UNC r N M tl N b N }g. €p■[ Ili D Ey I Etxa B I.14 l°6 -�. 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IdWMW1.13k YMMN KWdmu' 51i46.01RVNN N 1 1 a z rl f8 z 0 1 1 •MN,SXII 011UNa wIMUVOHIY /NN) 00”.=.7/1 In nyl.,..t, ICI nor, IMV/ 01 WNM• t...M.1 n1N m z 1 1 2 b 3 1 I 111 $5n i� 1J 1 bkiS15.1io do 16 2 : gra 0 10 ,.Se ( SOILS REPORT NOTE al Li aa00 l0 uWn n 3i I k Id F Y CO • 8 ■ 2 1 1 1 0 2 a 6 3 it i 1 4 y0ys Ftr 1 1 1 1 2 gegg� 9 .-gni&1. 1 44 W j� E4 x 443 x 1 1 a 9 b a MT., !MI MAUI 4I1..11••.VA I.WLNJ :MOPRO CI Pim wU/i,; NT. AN1Wald. 1MYN YLWMI W104.1.. PLANTING LEGEND it11 i8 nihil �b&iI11 ID f �5 a 4 F 4 lY a a M01a/ 00'06+61T'V16 - iNT11U1V1i lIII rII 1,11NNIN I �1 11N111NPNN 11 MAINTENANCE RESPONSIBILITY NOTE z W glitz DR la 9 4 • sz SHRUB SCHEDULE a A i u a 1 1 11 I if 1 ij a I I; 4 a 5 z z 0 1 9 2 '01 1 1 ` b 1 1 z 1 1 a t4 a J Bond No. 0491524 Premium: $885 CITY OF TEMECULA PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND WHEREAS, the City of Temecula, State of California, and Cat -Paseo del Sol, LLC; (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain parkland improvements, which said Agreement, dated .$ep4em'er '3 } a -G I , and identified as Meadows Parkway Median, CSD10-0002, 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 NOW, THEREFORE, we the Principal and International Fidelity Insurance Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $59,000.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their 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 therefore, 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 judgment rendered. R:ISMITHBIDevaloprnent Raview\Medlan Plan Chocka\CS01G-0001 Meadawa Median1Bond Docaments\Failhful Performance Bond.doc 08129/2011 Performance Bond No. 0491524 Page Two (2) 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 there under or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 9, 2011 (Seal) (Seal) International Fidelity I surance Co •pony Cal -Paseo del Sol, LLC Sy'RETY PRINCIPAL r-,A By: U'(-�t Janina Monroe Michael L. Rust ViW(Name) G8 Pfe(Nam�e) Attorney -in -Fact (Title) APPROVED AS TO FORM: Peter Thorson, City Attorney By: (Title) (Name) (Title) RftSMITHHIDevelopment ReVfew\Medfan Plan Choc s\CSD10-0001 Meadows Medlan1Bond Dacuments\Fatthful Performance Bond.doc 08129/2041 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On SEP 0 9 2DO Date before me, "esr tit .7' - } Michelle Haase. Notary Public Here Insert Name and Title of the Officer personally appeared Janina Monroe Name(s) of Signer(s) MICHELLE HAASE Commission # 1810438 Notary Public - California i Orange County My Comm. Expires Aug 22, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be theerson whose name is/ subscribed to the within instrumbnt and ac owl dg d o meme that'j'r /she/t executed the s e i i4/her/tt 'r authorized capacity and that by her/ti} signatureM on the instrument the person'(', or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature �Z/ �1 OPTIONAL Signatured1 Notary Public k n• 4 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: O Individual ❑ Corporate Officer — Title(s): O Partner— 0 Limited 0 General O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here eY d e►,. `7:"'- • _ erf-er :r9. _ « . eZ"e74^"e7•-er, N e7V,,yr e':�, ^ er6� ✓'• ..:rr-.yr-.rr�err-e/X"ciC',7i'y er . Tei (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NE\V JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a Corporation organized and existing laws of the State of Ncw Jersey, and having its principal office in the City of Newark, Ncw Jersey, does hereby constitute and appoint JANINA MONROE, PAUL BOUCHER Irvine, CA. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may: be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such mstrmlent(s) in pursuance of these presents, shall be as binding :upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary, or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To rernove, at any time, any•such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed byfacsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a (Me excerpt: Now therefore the signatures of such officers and the seal of the Cotnpany may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facshnile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. OUT Y //j IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by ns authorized officer, this 16th day of October, A.D. 2007. LNTERNATIONAL FIDELITY INSURANCE COMPANY OQ'�' OR'1 _ o SEAL `� ns . . 1904 ti c- SPATE OF NEW JERSEY ('aunty of Essex - Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by nue duly sworn, said the he is the therein described and authorized officer of the iNTERNATIIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. <vP ORQ&�r� NOTARY PUBLIC k\ J 1r IN TESTIMONY WHEREOF. t have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year firstabove written, A NOTARY PUBLIC OF NEW JERSEY CERTIFICATIONMy Conunission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL. FIDELITY INSURANCE COMPANY do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws' of said Company.as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct tra;1seripts thereof. and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WIIFREOF 1 have hereunto set my hand this day of SEP 0 9 2011 SEP 0 9 ?OH 446144( Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of O Dato 'ALt7 eco 13/20ll before me, C ACG Ehi 0 Here Insert NameEtnd Title of the Officer personally appeared Name(s) of Signers) C. MCGEHEE Commission #t 1691656 Notary Public - California San Diego County My Comm. Expires Jun 30, 2014 who proved to me on the basis of satisfactory evidence to be the person() whose name($ is/44 subscribed to the within instrument and acknowledged to me that he/spe/thy executed the same in his/l r/thKir authorized capacity(iei), and that by his/t r/thkif signature(?) on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha.d and offi ial seal. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to anot er document. Description of Attached Document CA -r o -C l '' CN e' G. +' aj Title or Type of Document: Pi t'T�k1 UJ-- �e-t-V�naD 0144 /5� Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Q Corporate Officer — Title(s): O Individual D Partner — 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee D Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here D•Corporate Officer — Title(s): D Individual 0 Partner — ❑ Limited CI General D Attorney in Fact ❑ Trustee 0 Guardian or Conservator O Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 11 �cCrS�4`_ s y VO'rii v^ Ci��C<?14<s�ir C�%zV�iVE�?44^�14�'u6 G�fir�i4S�O�d0. 41.1. .Wel.'. 'W4 "SiCS XrAK" 4F<'STY' Cct 9009 Natinnal Nnfaru Acenniatinn • NatinnalNntary nrn • 1 -Ann -11R NOTARY r1-R00-R7R-RR971 Ilam A6907 CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-Klllea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Pogo 1 of 2 Bond No. 0491524 Premium is included in Performance Bond. CITY OF TEMECIJLA PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND WHEREAS, the City of Temecula, State of California, and Ca[ -Paseo del Sol, LLC, (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated Sep -iewN ber (3 / ao it , and identified as Meadows Parkway Median, CSD10-0002, 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 NOW, THEREFORE, we the principal and International Fidelity Insurance Company as Surety, are held and firmly bound unto the City of Temecula, Califomia, and all contractors, subcontractors, laborers, material men, 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 $29,500.00, 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 therefore, there shall be included costs and reasonable expenses and foes, R \SMrrHl3\Devebprnent RevievAMedian Pian ChecksVCSD10-0Q01 Meadows Medtan\Bond Documents1La6or and Materials eond.doc Page 1 of 3 Payment Bond No. 0491524 Page Two (2) including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, ail to be taxed as costs and included In any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the CMI Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond Is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be perforrned there under or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. R:ISMITHBIDeveiopment RevfewlModlan Plan Checks1CSD10-0001 Meadows Medlan\Bond Docaxnents\Labor and Materials Bond.doc Page 2 of 3 Payment Bond No. 0491524 Page Three (3) IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surely above named, on .:. September 9, 2011 (Seal) (Seal) Internatii na Fideli. Insurance-C'otnpany URETY �rg Janina Monroe (Name) Attorney -in -Fact •(Title) APPROV D AS TO FORM: Peter Thorson, City Attorney Cal -Paseo del Sol, LLC PRINCIPAL By: tAAAA-‘../t "it Michael t. Rust Vice. Presnt (Nideame) (Title) By: (Name) (Title) R:1SMiTHBWWevelopmerit ReviewiARad an Plan ChedceiGS1)10.000t Moodows MedfantBond Dommenteitsbar and Motorists Bond.doo Pogo 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Ott o 9 ton On before me, Date } Michelle Haase. Notary Public Here Insert Name and Title of the Officer personally appeared Janina Monroe Name(s) of Signer(s) MICHELLE HAASE Commission # 1810438 Notary Public - California Orange County My Comm. Expires Auq 22.2012 Place Notary Seal Above who proved to me on the basis of,satisfactory evidence to be theerson whose name is/' subscribed to the within instrument and ac owl dg d to me that)te/she/t executed the s e ini /her/ti r authorized capacity and that by her/t signature $ on the instrument the person'(', or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Signature • Notary Public OPTIONAL 1,' y 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee O Guardian or Conservator O Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here e _v e7. er ev e>-".' • ' , e77 -e7". 'ra.-• • N,- "ereer 6 • e6 ❑ Individual O Corporate Officer — Title(s): O Partner— 0 Limited ❑ General O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here .574-e79X- eC • y' e el eY `rrre%b"erC`e.,tf, e7 • . • .e. Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY IiOME OFFICE: ONE NEWARK CENTER, 20T1-1 FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey. does hereby constitute and appoint JANINA MONROE, PAUL BOUCI-HER Irvine, CA. Its true and lawful attorney(s)-in-fact to execute, seal and deliver for. and on us behalf as surety, am and all bonds and undertakings, cntracts of indemnity and other writings obligatory, m the nature thereof, which are or may he allowed, required or permitted by law, stature, rule, regulation, contraet or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office; This Power of Attorney is executed, and may be revoked, .pursuant toand by authority of Article 3 -Section 3, of the )3y -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary. shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To, remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th d,ty, of April, 1982 of which the following is a true excerpt; Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorneyor certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company fund any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the futirre with respect to any hold or undertaking to which it is attached. INTESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and ns corporate seal to he affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument to. me crsonally known, and, being by me duly sworn. said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY I?NSURANCE COMPANY; that the seal affixed to said instillment is the Corporate Seal of said Company; that the said. Corporate Seal and his signature were duly affixed by order of the Board of Directorsof said Company. IN TESTIMONY WHEREOF. i have hereunto set my hand affixed my Official S'a1. at the City of Newark; New Jersey the day and year first above written. IJ A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires: Nov. 21, 2010 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of.tlie By -Laws -of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY. and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, 1 have hereunto set my hand this day of SEP 0 9 2011 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN 1Jl L &O On t3 ZO 11 before me, Date personally appeared 1% CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-KIllea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 Bond No. 0491525 Premium: $100 CITY OF TEMECULA PARKLANDILANDSCAPE WARRANTY BOND WHEREAS, the City of Temecula, State of California (hereinafter designated as "City"), and Cal -Paseo del Sol, l_f_C (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated Parkland Improvements, which said Agreement, dated �pitrrl'e( 1'?oj and identified as Meadows Parkway Median, CSD90-0002, is hereby referred to and made a part hereof; and WHEREAS, Principal is required to warranty the work done under the terms of the Agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished, in the amount of ten percent (10%) of the estimated cost of the improvements; NOW, Ti iEREFORE, we the Principal and International Fidelity Insurance Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $5,900.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all R:19MITHBIDevalopment ReviewM dlan Plan CheckslCSD10-0001 Meadows Median \Bond Documents\Warranty Bond.doc Page 1 of 3 Bond No. 0491525 Page Two (2) 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 therefore, 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 judgment 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 hereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. RZSSMfTH8\Deve Iopment RevlewlMadfan Plan Checks\CSD10-0001 Meadows Median\Bond Doc umenta\Warranty Bond.doo Pogo 2 of 3 Bond No. 0491525 Page Three (3) IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 9 (Seal) (Seal) Internati. I Fidel' Insur.n : Company SURETY f3 r,' Janina Monroe (Name) Attorney -in -Fact (Title) • APPROVED AS TO FORM: Peter Thorson, City Attorney ,20 11 . Cal -Paseo del Sol, LLC PRINCIPAL By: tA-A--t.."-- L Michael L. Rust Vica President (Name) (Title)' (Name) • (fitte) R:t8Mrm8♦Develapment ReviewlMadfan Plan Chedca SD10A001 Meadows Medfanleond Doo untenteWWartan€y Pond.dac • Page 3of3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County§4)ra0n 9 2011 On Date personally appeared before me, } Michelle Haase, Notary Public Here Insert Name and Title of the Officer Janina Monroe Name(s) of Signer(s) MICHELLE HAASE Commission # 1810438 Notary Public - California Orange County My Comm. Expires Aug 22, 2012 Place Notary Seal Above who proved to me on the basis of.satisfactory evidence to be theerson whose name is/� subscribed to the within instrum nt and ac owl dg d to me that)t /she/t executed the same in, /her/ttjauthorized capacity and that by'<her/tilt signature on the instrument the. person'f;, or the entity upon behalf of which the person' acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. n.4 Witness my hand and official seal. G+ Signature �/r l ,J?&J OPTIONAL Signatuof Notary Public 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): D Partner — 0 Limited 0 General O Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here O Individual O Corporate Officer—Title(s): O Partner— 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here WP-4—,se Y ✓ .�. Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY IIOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESEN'T'S: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint JANINA MONROE, PAUL BOUCHER Irvine, CA. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permuted by law, stature, rule regulation, contract or otherwise, and the execution of such tnsttument(s) in , pursuance of these presents, shall be as binding upon the said IN'T'ERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may he revoked, pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shalt have power and authority (1)'ro appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further; this Power of Attorney is signed and scaled by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, I982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 6'!TY /H IN' TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be kN�✓ 4r�` signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. f 04e �1 �y INTERNATIONAL FIDELITY INSURANCE COMPANY c �'SEAL``� r"• y 1904 n 'TATE OF NEW JERSEY l a !t,'' County of Essen yd ���R� Secretary On this 16th day of October 2007, before me carne the individual who executed therecedininstrument, to hie personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. NOTARY D:3 *;UBLiC t* `'JE?\ IN TESTIMONY WHEREOF, 1 have hereunto set my hand affixed my Official Seat, at the City of "Newark, New Jersey the day and year first above written A NOTARY PUBLIC OF NEW JERSEY CERTIFICATIONMy Commission Expires Nov. 21,2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby: certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the 13y -Laws of said Company as Set forth in said Power of Attorney, with the ORIGINALS ON IN TI -IE IIOME OFFICE OF SAID COMPANY, and that the stone are correct transcripts thereof, and; of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, 1 have hereunto set my hand this day ufSEP " 0 9 2011 SEP 0.9 2O n. r(m •046-ebt— /34 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ;�,,:tyc�c:,cc�.c�.cc�:cepc;c�.�r•:c��.cc��.errc�ca��r,.�r•:F>e�:cTocrcr�:rc:�,cyeac,�.<�.c•:r..c-r:�r:Erc�o.�.��.ar•.�.�'..a�--.cR'_.�dQ>c�,. ( State of California County of 5Prt.1y `g0 ❑ t3tZDI ( before me, Date personally appeared CRC -66 fte Hero Insert Nam and Title of the Offic@r • IGN A Gtr L. • • 1-4.L_s-r Name(s) of Signer(s) z z C. MCGEHEE Commission # 1891656 Notary Public - California San Diego County My Comm. Expires Jun 30, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person9.y whose names' is/ape subscribed to the within instrument and acknowledged to me that he/slim✓/tlygy executed the same in his/h9f/tb4ir authorized capacity(ips), and that by his/hfr/theirr signature(*J' on the instrument the person( , or the entity upon behalf of which the person(q acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and of cial seal. Signature: OPTIONAL aturo of Notarycll� 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 CA -r4 og- - r. rn e c..J z_ PIcl DS Title or Type of Document: l.00 -1 - Document Date: nd b `H!S25 (u o f La11) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — 0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Number of Pages: ❑Corporate Officer — Title(s): 0 Individual ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: • RIGHT THUMBPRINT OF SIGNER Top of thumb here ® 2009 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800.876-6827) Item *5907 CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-Killea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, Including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 City Of Temecula Community Services Department 41000 Main Street • Mailing Address: P.O. Box 9033 • Temecula, CA 92589-9033 (951) 694-6480 • Fax (951) 694-6488 • www.citvofemecula.org Parkland/Landscape Improvement Agreement Date of Agreement: ,..Q. -Ic-vr b e r 131 ao 11 Name of Subdivider: Cal -Paseo del Sol, LLC Address of Subdivider (street): 9820 Towne Centre Drive, Suite 100 Address of Subdivider (city, state, zip): San Diego, CA 92121 Contact: Gregor Connors Title: Project Manager Phone Number. 858 674-1300 Fax Number. 858 455-5368 Name of Subdivision: Meadows Parkway Landscaped Median Between McCabe & Via CampoNia Jasso (8,043 sf) Tract No.: 24187-1 Parkland/Landscape Improvement Plans No.: (Referred to as "Landscape Improvements') CSD10-0003 Estimated Total Cost of Improvements: $113,400.00 Estimated Completion Date: (Referred to as "Completion Date") LY0.N 1.&p.r 31 f.p l I Name of Surety: 1h -ter✓ dieroa/ RcieI;rrJr .ir�.surance covApa4f Address of Surety (street): a 33 ‘,„),.1 S (ire (31va . ) 5,..,1--t. QaO Address of Surety (city, state, zip): akbet .F0. 14/1.uv+ Ga. C A 90'101 Contact: S'1„o. vie W o l F Title: Phone Number. 3to - 3 g S — 89 } Fax Number: Bond No. Amount Faithful Performance Bond 0 Ii 9l 5 lo $ 113,400.00 Labor and Materials Bond Q 9 g l S ac., $ 56,700.00 Bond for Warranty 0 -j q 1 S). 1 $ 11,340.00 1 R:\SMITHB\Development ReviewlMedlan Plan Checks\CSD10-0003 Meadows Medlan 3\Bond Information\Parkland Landscape Agreement.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 2 R:ISMITHB1Development ReviewlMedian Plan Checks\CSD10-0003 Meadows Median 3\Bond Information\Parkland Landscape Agreement.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. 3 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0003 Meadows Median 31Bond Informatlon\Parkland Landscape Agreement.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 Obligations to Construct Parkland/Landscaping Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of Califomia, 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 4 R:\SMITHB\Development Review\Medlan Plan Checks\CSD10-0003 Meadows Median 3\Bond Information\Parkland Landscape Agreement.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 5 R:\SMITHB\Development Review\Median Plan Checks\CSD10.0003 Meadows Median 3\Bond Information\Parkland Landscape Agreement.doc rights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Rights -of -Way. If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and 6 R:15MITHB1Development ReviewlMedlan Plan Checks\CSD10-0003 Meadows Median 31Bond Information\Parkland Landscape Agreement.doc 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, 7 R:ISMITHB\Development Review\Median Plan Checks\CSD10-0003 Meadows Median 31Bond Information\Parkland Landscape Agreement.doc 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 Perio 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 8 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0003 Meadows Median 3\Bond Inforrnation\Parkland Landscape Agreement.doc 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 9 R:ISMITHB1Development Review\Mledlan Plan Checks\CSD10-0003 Meadows Medlan 3\Bond Information\Parkland Landscape Agreementdoc amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonable determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all work and improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 7. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision 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 Califomia, 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. 10 R:ISMITHB\Development Review\Median Plan Checks\CSD10-0003 Meadows Median 31Bond InformationlParkland Landscape Agreement.doc 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 11 R:ISMITHB1Development Review\Median Plan Checks\CSD10-0003 Meadows Median 31Bond Information\Parkland Landscape Agreement.doc 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. 12 R:ISMITHB1Development Review\Medlan Plan Checks\CSD10-0003 Meadows Median 31Bond Information\Parkland Landscape Agreement.doc 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 13 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0003 Meadows Median 3\Bond Information\Parkland Landscape Agreement.doc repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not Agent of City, Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Iniury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public During Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. • 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 14 R:ISMITHB1Development Review\Median Plan Checks\CSD10-0003 Meadows Median 3\Bond InformationPParkland Landscape Agreement.doc 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 15 R:ISMITHB\Development Review\Median Plan Checks\CSD10-0003 Meadows Median 31Bond Information\Parkland Landscape Agreement.doc 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. 16 RISMITHB\Development Review\Median Plan Checks\CSD10-0003 Meadows Medlan 3\Bond Informatlon\Parkland Landscape Agreementdoc 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 t�G,n uu.r,y 311 a-ota 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 Vesting of Rights, 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. 17 R:ISMITHB\Development Review\Median Plan Checks\CSD10-0003 Meadows Median 31Bond Information\Parkland Landscape Agreement.doc 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: Notice to SUBDIVIDER: With Copy to: City Clerk City of Temecula 41000 Main Street Temecula, CA 92590 or P.O. Box 9033 Temecula, CA 92589-9033 Cal -Paseo del Sol, LLC 9820 Towne Centre Drive, Suite 100 San Diego, CA 92121 Attn: Mike Rust 858 674-1300 Cal -Paseo del Sol, LLC 9820 Towne Centre Drive, Suite 100 San Diego, CA 92121 Attn: Legal Department 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attomey's fees. 18 R:\SMITHB1Development ReviewlMedlan Plan Checks\CSD10-0003 Meadows Median 31Bond Information\Parkland Landscape Agreement.doc 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Legal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any mariner 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 Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. 19 R:ISMITHBIDevelopment RevlewWledian Plan Checks\CSD10-0003 Meadows Median 31Bond Informatlon\Parkland Landscape Agreement.doc IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Temecula Community Services District Board President. SUBDIVIDER TEMECULA COMMUNITY CAL-PASEO DEL SOL, LLC SERVICES DISTRICT BOARD By: - � By: Michael L. Rust Name: Vice President Name: Jeff Comerchero Title: Title: President By: Name: Title: (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) ATTEST: By: Susan W. Jones, MMC, City Clerk RECOMMENDED FOR APPROVAL: By: Greg Butler, Director of Public Works By: Herman D. Parker Director of Community Services Peter Thorson City Attorney 20 R:ISMITHB\Development RevlewlMedian Plan Checks\CSD10-0003 Meadows Median 31Bond Information\Parkland Landscape Agreement.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rrr �z �Mcf cw� �m�rMc Imre State of California County of 5&S• I J i O 20 before me, t-tS E t' E ! `� ° TA. � Lt G, Rtt ^^ � c Here Insert Name andTitle o1 the Officer IC HP L.—L. personally appeared Name(s) of Signer(s) C. MCGEHEE Commission #1 1891656 Notary Public - California San Diego County Comm. Expires Jun 30. 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personV whose name(e)iis/Aref subscribed to the within instrument and acknowledged to me that he/s)/they executed the same in his/tier/their authorized capacity(jee), and that by his/her/their signature(e} on the instrument the person(s7, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici. I seal. Signature: 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 t is form to another document. Description of Attache Document .t -r O' -"r&-Te 'bows-At.64-til6ZO Title or Type of Document:AR-k-srYp'L ,1 m p o f'�'1 eyd- �( reee l- A/VI 9 �Piwi µ.mu Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ure of otary Public Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑Corporate Officer — Title(s): ❑ Individual Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here fd wino Natinnal Nntan, Accnniatinn • NatinnalNntarvnrn • 1 -R00 -IIS NOTARY f 1-R00-R7R.AR271 Item #5907 05 t 1 1-4 0 a a 5 I a w 6 tz 0 1 2 6 X 00 UU Din 8 61 CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-KIIIea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 RESOLVED FURTHER, that any actions heretofore or hereafter taken by the officers of the Company within the terms of these resolutions are hereby ratified, certified and adopted In all respects. DATED as of August 1, 2011 MANAGING MEMBER Cal -Land Asset Partners, L.P. a California limited partnership By: Newland TFC, LLC a California limited liability company Its: General .Partner By: Dolores A. Valle Corporate Secretary Page 2 of 2 rASV a.Vr n»).1.4 auw..) earw mv+.v nmcam.vrr: raav Oat (VIM MI naanr uwlr u UMW. rumwaw+aa. a 2 z 1- 0 1— 0 0 J a 5 H FO 0 0 a Q ce 0 0 CW co r-1 N V w ce in 0 0 LU f >- z z 0 0 0 0 z 6 z 1— V) z 0 0 Elpf p !..i p 1 p lir T 8i R� cytj'l R� $1 ti i Ori g9 X 0 Z H 1— w w N 0 O N b A 0 0 w w w w w iL 1 t 12 I ik � 9 a' Nil ild 11 3 ,i.al - III I ;I'iih�;h�iIIHH1to tof111 1 111 $ i is Wft1' {AoSA A d ijih � i s II! 9_�3 la I .� g hliIIfl!Hh it i iib g{3 'iv :ti dP8 T.C.S.D. STANDARD NOTES ul wsa Yw mmpy wNh tl.• ON Y Tana. 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STA jjS•SO SEE ABOVE BIGHT 1 e 1 rH Mort) ilw f64AMWet W'U 41.7 9.11,PMNv16b /wl.IfMtlVM 116 W0 . ,11.6 .60 Waif MAINTENANCE RESPONSIBILITY NOTE SII ISG NOTES 1 TG^ • LINE SEE BELOW LEST ...... } ..+ lwMATCHLINE SEE SHEET T.C.S.D. APPROVAL TCSD - POINT OF CONNECTION MEADOWS UR, f _ pATCHl:wat ABOVE RIOHt HOLD HARMLESS AND INDEMNIFICATION CLAUSE Ad ct ;a i • 1 • 1 0 a a ..I.rauNY r) vTMW WMNMC.AyYA 1n1 wr9taNAWSY 11., Dal,SZbait ....MY OT morn. WNWv NMT .1437 M0138 33S OS+8LT V - NfHJ1VN 11111111111 (1 1--- .(1/0110 104 J 11114 #001) �ID/.>r4DI ac 1 4 A1' 1 1 t, 3• ji! 11! 1 1 1 1 1 L NE" COOS 5�\\ Otioa tel {{\\\ 3 ie 1 1111103 ONISSVO 1 %2 Ley e�i�EP 11;111 2 3 7,1 4 kE yY 3 1 1 4f 1 1 5 1 It 114 111111 1111 It 111111111111 1149I11 AO : V 33S 1°S+8r I V/ - 1/1 nHJ1Vi4 Ili -bo vt 1 co 8 2 0 3 �.. j'::54 als '''' 1 \\.,l GENERAL NOTE m'Vs+w,N fYftva> MC 1t Aint+ri Wr. Mr t<OM t! 111111 1111 It 111111111111 1149I11 AO : V 33S 1°S+8r I V/ - 1/1 nHJ1Vi4 Ili -bo vt 1 co 8 2 0 3 +roar i.n, F.)YVO , I',WinAVI A rtn1.13 1u[111SYY/MS. NMtr>•ar0116.u In MiL}vY ILYMf.0.1•1+ J437 M0738 33S 0S+8ZT V maim11111111111 11 11111111111 1 ,b4 z z 1, 1af103 ONISSV3 i 1 A GA PO,qjy MAS0 WEA 11U►111►►111►►1 =►►W' COO 5� 5 1►►p1► (7 zl �� \u►p111Uu►u1►IIu� VI `j /, 1 L. r3 0 ti 1 t 3 tnti islli SHRUB SCHEDULE 2 } it 2 1 3 A x 1 1 • 11111111111 1)'I 111111111111 1 1HDIa AO. V 33S 05+8ZT V{ I7HOIVW I it11i S 8 ).W)I}a fYWM. A,w/N.)taa PIOMD 3411M000.1.01.1.1) WOrmM.kfl fl...4 1 COMM orwro>wn.r ■ 1 ■ ■,38+50 AT SEE BELOW LEFT I ,111111111 11111111111 111! ta\\ lit 0) dIC�� !I 111 zz CORTE CARAT CORTELLOR MSEESHSE 12 111111 1' W 01 xZ 1i111llllllll1111tlllllllllllll�lllllllllllllllllllllllllurllM JJ t' +� E 111 /xa b 2„1 a MK 44 12 41$1! Li, lungvng n L9111111111111111II11111110Ifj1111111111111111R0`111R1k 8 133 S 33S 141 1311lOJ -3NflHD1VW V1A ■ i. z #' s; E 0 ■3 0 4) & lt Alo 0 11 k4�1aq 0 41* .; • sw V' %.„„„„, 11111111111 STA. 138+5' MAT 5EE AipVE RIGHT 1 I Til z o 52 Y 0 z 3 F 3 3 HEIGHT & & KEA& 1 kfi- i1Y 1 F a 8 tle PIO a 1 [,_2 iftip 111111 1 palfiB ifif0 11 g. 2 ti 1; 1! 1 0 b 1 in, -0°5 �7 6 a 5 5. 10, l.lrw V, 11',14111:NWV JIMA IC woo. lvn !I IJ N:I: IArb.WA MI,•MI...-/A I I ■ ■ ATCHLINE -n.38+50 138+50 SEE BELOW fl 11111 111111111111► ��,. CORTE MlCORTE SEES CARS► Il40RA SEE SHEET 13 F = W 1111111111111111111111111111111111111111111111111111111 11 JJ z E9gg zszo osga o i! z R f E3 i Q 401 lilig PlIfi g k6 i;`lg gst;ttsr� 1tb ago 4 ZI 1 0J IIIIIInln1InCROMM1111InnlnnlllmnnfIlmik H 13133 6 133HS 33S Od Wtl7 31110 3N HJ1tlW VIA (-------- 0 .I IIII7ITS IIIIIII/ 1111138+5 I MACN1.1NE - SEE ABOVE RA.IGHT 1 $ 2 a z 0 .1 5 1 1 If i P as 11 e bE e q gi 11 a 111 go w 1"1 T -I a 11 a a k. a 111 /TO 41.. n 111.13, 1111V.4e1 VIVA IMP. 4000.1,2NAr,1I .1 4.xV7 CP•70 v.nRMIWO. a>aoOAT., al. 04101 0rrrw 1 E.` P41 calih 11.'141 \ Z a 0 W i/ J 1— z CORTE\ •RTE CARA J LORA ��1111{{111{111111111{1111I11U{1{1111111{{{{11111{11111111 MATCNuNE- SEE SHEET SO II 11 0 z a 0 z 0 DISE Millar O z 3 1 39YDOW 1I FgEi Esio -241 J�C NON yg o goN 0.9 ^w5 '11O SMO01/314 ANN1tS IM I \ 1 TREE SCHEDULE LEER.] BOTANICAL NAME I COMMON NAME 1 SIZE I DESCRIPTION I HEIGHT & SPREAD I WUCOLS I QUARTZITES 1 tp EES f P EEE iE 11 s g 95 ¢ Q{ E 1S it 1111 li e i:1 c s r t A d k -�4 d:.R � w i4 z: d. dib kc 1 1 1 I g@@@ 1 y I ;: 1 ¢ 1 2 I I rryyw 1 A .I./,.il, r. rr,aL txxMOOesp MOM, fYlh•S•MVff: Oam• Ia.i4M'waM,, VI YTS• 1MW .•I ,!, xI..O>AnX T.C.S.D. STANDARD NOTES Ae.eA Mee ormer.epmraadTwbYb1WwrAW tsMo oanrerrmrbbo. oee.xa w regJme br tM TCW ..ne.arn A..., ore .g 'CVlanbage ureevlWnnen.Dmpe e.a� HOLD HARMLESS INDEMNIFICATION CLAUSE farramr aIle I M briv.o vb neo..11N rorpb ske warm W., Ow awn or prmm.bmd Wf n. n. trcluerg Weer of er C.IreM Aro propene; Mee Mb Mel vele meow.* end ea be kneed bewes, norbMeorhR Av tea ere contnetc,W1*Frtl,menee,, ere MIO M.OnrMM.rbbr, Ma TC$D. Weer WAaI}rbfpbn, er4MrWaa.. AlMoD nnmbal Rom my aleralbblM M or abyee. n neeeen re ON the qr .mw1nd week en Ws reg. ampere ter Mb.b en+. from Megle rtlperr.e der Onnriebeveaoer,M,.CW.0 tvdbeahM.0e, ern pg A<AbC f rl:J.1 °gipi 1 it Fi all P5 ai tit 0 I § A a e es f l! a t f ^ . i � g _ _ • t 1 1 ; Si 11 11 II ; L. 53.8. 314 . c't e y� Ng a if, _ V 2 D, _ z ■z ' >= '`' SHRUB PLACEMENT Shrub wbgrata wmnlmv.neonce I,r,mooing*.s* evJr.pa w Inane ample a le. eh.Iran um .aax SOILS REPORT NOTE mre.ereetdam0ui. 1 1 39V3W a s 1 11 1 1 1 i Y Z1 UTE o PI Z ha 5s" 'HO SMOOtl3W AN/411S 1= \ =1 �\ Jl o 1 I' mffiy111111 IIIIIIIIIIIII STA.1•46+5' NAT NE SEEI ABOVE RIGHT ■1{ I M 5 4 a 1 1 s Bond No. 0491520 Premium: $1,/01 CITY OF TEMECULA PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND WHEREAS, the City of Temecula, State of California, and Cal -Paseo del Sol, LLC; (hereinafter designated as "Principal") have entered Into an Agreement whereby Principal agrees to install and complete certain parkland improvements, which said Agreement, dated .Sep ie rm ber t3 ti ll , and identified as Meadows Parkway Median, CSD10-0003, 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; NOW, THEREFORE, we the Principal and International Fidelity Insurance Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $113,400.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their 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 therefore, there shall be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. R:ISMITHB'Development RevlewlMedlan Plan CheckalCSD10-0003 Meadowa Median 3leond lnformat1onlFalthful Performance Band.Coc 08/29/2011 Performance Bond No. 0491520 Page Two (2) 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 there under or the specifications accompanying the same shall in anyway affect Its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 9, 2011 International -Fi SURETY By: (Seal) elity Insurance Company /t(, Janina Monroe (Name) Attorney -in -Fact (Title) APPROVED AS TO FORM: Peter Thorson, City Attomey (Seal) Cal -Paseo del Sol, LLC PRINCIPAL By: (,^-`.'i Michael L. Rust Vice President (Name) (Title) By: (Name) (Title) R;ISMITHB\Development Revlew\Madlan Plan Chedca\CSD10-0003 Meadows Median 31Bond Inforraatlon\Faithful Performance Hond.doc 08/29/2011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On SEP 0 9 2011 before me, Date eir d. -ein• } Michelle Haase, Notary Public Here Insert Name and Title of the Officer personally appeared Janina Monroe Name(s) of Signer(s) MICHELLE HAASE Commission # 1810438 Notary Public - California Orange County My Comm. Expires Aug 22, 2012 •ss■r-oTv" Place Notary Seal Above who proved to me on the basis of,satisfactory evidence to be theerson whose name is/� subscribed to the within instrumrsnt and ac owl dg d to me that)74/she/t executed the same in /her/t r authorized capacity and that byf 'Ther/tt}.signature on the instrument the, person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official se; I. Signature OPTIONAL p• a Signatur: •f Notary Public 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(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual O Corporate Officer—Title(s): O Partner— 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Or' - . ,y 4.74"""7' •vr a' & '.ar'- e7 RIGHTTHUMBPRINT OF SIGNER Top of thumb here Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN I3Y THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint JANINA MONROE, PAUL BOUCHER Irvine, CA. its true and lawful attorney(s)-in-fact to execute seal and deliver for and on its behalf as'surety, any and all bonds: and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permuted by law, stature rule reggulation, contract or otherwise, and the execution of such instrument(s) in .pursuance of these presents, shall be as binding upon the said .INTERNA'TIONAL. FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same bad been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the. By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shalt have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -m -fact and revoke the authority given. Further, this Power of Attorney is signed ansi sealed by facsirnilc pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of: attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which if is attached. pt`1TY,�f� / ay v SEAL ' a y 1904 Mt) IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instntment to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007: INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument to me personallyy known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrtm;ent is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. NOTARY PUBLIC IN TESTIMONY WHEREOF,.I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION :My Commission Expires Nov. 21, 2010 I, the undersigned officer of'INTERNATIONAL FIDELITY INSURANCE CO`:IPANY do hereby certify that I have: compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFPICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF. I have hereunto set my hand this d,;,y of SEP 0 9 2811 SEP 0 9 2811 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c'lr�e c .m(>e c xs < F C,A . l> fScsF �.e l c` f.c:F,Z.:", fzc r<sY.< e' Ere for iC�1SC.�ksl"aYv^i sY (z iYrc t`..k,F i State of California `� County of .56/1/4) 1�1E6.0 On 5 13, ill before me, J� 1cfacEtr.. } personally appeared �� St t' R(1$l.;C) Here Insert NIme and Title of Wo titer L. . Name(s) o131gne Si;�ST C. MCGEHEE Commission # 1891656 Notary Public - California San Diego County M Comm. ' hes Jun 30, 2014 Place Notary Seal Above a i who proved to me on the basis of satisfactory evidence to be the person( whose name(* is/ace subscribed to the within instrument and acknowledged to me that he/sW/tbey executed the same in his/hof/their authorized capacity(ias), and that by his/hf/thpfr signature(,rf on the instrument the person(A, or the entity upon behalf of which the person(5rf acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and off' ial s -al. Signature: OPTIONAL Signature of Notary Public 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. CDescription of Attached Document ms¢ , `7Q r-cer' r,,t�� - .1-s of T,.rr, e Title or Type of Document: s y54+9 f Sa© tyk.c(.w 6 ?Kwkt V di n Document Date: 50.0k'.exx l— Y3 2 -at \ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑Corporate Officer — Title(s): 0 Individual O Partner — ❑ Limited ❑ General Ll Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here , • o ^ c o o s -<:WAge"<-1v ® 2009 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-KIllea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company Is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, Including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer In his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 Bond No. 0491520 Premium is included in Performance Bond CITY OF TEMECULA PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND WHEREAS, the City of Temecula, State of California, and Cal -Paseo del Sol, LLC, (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated _Seprv. her ',�, _7o_11 .,:::: , and identified as Meadows Parkway Median, CSDIO-0003, 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 CMI Code of the State of California; and NOW, THEREFORE, we the principal and International Fidelity Insurance Company as Surety, are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, material men, 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 $56,700.00, 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 riot exceeding the amount set forth. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, R:ISMITHB\Devetopment ReviewlMedlan Plan Checla\CSD90-0003 Meadows Median 3\Bond Iniatmal onliabor and Materiels Eionel.doc Paget of 3 Payment Bond No. 0491520 Page Two (2) including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the CMI Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed there under or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. R;LSMITHBElevelopment RovlewlMedian Plan Checks1C5D10-0003 Meadows Median 31Bond Informatfor4Labor and Materiafa Bond,doc Page 2 of 3 Payment Bond No. 0491520 Page Three (3) IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on .•..• September 9, 2011 (Seal) Internation. delity Insu" = nce Company SUR By: Janina Monroe (Name) Attorney -in -Fact (Title) APPROVED AS TO FORM: P er Thorson, City Attorney (Seal) Cal -Paseo del Sol, LLC PRINCIPAL By: Michael L. Rust Mice l're e) (Title) (Name) (Title) R,1SMITHE Development RevtevAMedfan Pap ChedcMCS01O-0003 Madan Median 3\Bond ScdorMatlonV.abor and Matetfals Bond.doc Page 303 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange on SEP 0 9 1011 Date e;.C. } I'd' • _ d." 677"' before me, Michelle Haase. Notary Public Here Insert Name and Title of the Officer personally appeared Janina Monroe Name(s) of Signer(s) +.: MICHELLE HAASE Commission # 1810438 Notary Public - California Orange County My Comm. Expires Aug 22, 2012 Place Notary Seal Above who proved to me on the basis of.satisfactory evidence to be theerson whose name is/' subscribed to the within instrument and ac owl dg d io me thatit /she/t executed the same i i /her/tI r authorized capacity and that by 0<herftel signature j on the instrument the person', or the entity upon behalf of which the person' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Notary Public Signature OPTIONAL r• i 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General D Attorney in Fact D Trustee ❑ Guardian or Conservator O Other: O Individual O Corporate Officer — Title(s): O Partner — ❑ Limited ❑ General O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here .. _ _.• 496" . ,fir._ , e'fe' :i y $3.7r" 674'41 7'd'• N d eY� . N.. d." �%, .%/"JX'• G'a7" er-ec`y e• e9" C»,< - POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07.102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office to the City of Newark, New:Jersey, does hereby constitute and appoint JANINA MONROE, PAUL BOUCHER Irvine, CA. its true and lawful auorney(s)-in-fact to execute, seal ;md deliver for and on its behalf as suret.y,, any and all bonds and undertakings, contracts of indemnity, and other writings obligatory to the nature thereof, which are or may be allowed, required or perrnttted by law, stature, rule, regulation, contractorotherwise, and the: execution of such mstrument(s) irr.pursuance of these presents, shall be as binding upon the said INTERNATIONAL hIDELITY INSURANCE COMPANY, as fully and amply; to all Intents and purposes, as if the sante had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority_ of Article 3 -Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the, 7th day of February, 1974. The President or any Vicc President, Executive Vice President, Secretary or Assistant Secretary, shall' have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said. Company adopted at a meeting duly called and held on the 29th day of April, 1982: of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile se& shalt be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. `Ot i ,". c`' SEAL `4‘r t 1904 ,*, h4fl' iN TESTIMONY WHEREOF. INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY: STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me carne the individual who executed the preceding instrument to me personal) known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY i'NSURA-NCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. MARQG CO NOTARY PUBLIC WJER 1N TESTIMONY WHEREOF, I have hereunto set my hand affixed niy Official Seal, at the City of Newark, New Jersey the day and year first above written, A NOTARY PUBLIC OF NEW JERSEY CERTIFICA'f ION My Commission Expires Nov. 21, 2010 1, theundersigned' officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, :and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF. I have hereunto set' my hand this day of SEP 0 9 `'201i SEP 092011 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ck cre,c; r cc ci e =c�c r r i c �r cr r c r i r< cry State of California County of 5RA.3 1.-)1 EeO OR5441 0.. 03 1,) before me, Date personally appeared C. 1,-{c4 e 4E6 N d?R- PW2:;JLc:) , Here Insert Name and Title of the Qflice ktr—tk. Pre Name(s) of Sign r(s U -S C. MCGEHEE Commission # 1891656 Notary Public - California San Diego County Comm. Expires Jun 30, 2014 who proved to me on the basis of satisfactory evidence to be the person(sif whose name(sr) is/are subscribed to the within instrument and acknowledged to me that he/S)'2/tey executed the same in his/hef/thir authorized capacity(i ), and that by his/hgr/th efr signature($ on the instrument the persons f, or the entity upon behalf of which the person(s4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and off ial s_ al. Signature: 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. I Description of Attached Document C. -v�`' o� 'i"P�r�e�QOr - t w i 1�kw. I �u Title or Type of Document: krtaloo 4- I Y lC 2s.Ai-,S1.01+ 9 157-0 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Place Notary Seal Above ature of Notary Public Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual 111 Partner — ❑ Limited ❑ General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of Thumb hero ® 2009 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876.6827) Item #5907 CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-Klllea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named Individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 Bond No. 0491521 Premium: $170 CITY OF TEMECULA PARKLAND/LANDSCAPE WARRANTY BOND WHEREAS, the City of Temecula, State of California (hereinafter designated as 'City"), and Cal -Paseo del Sol, LLC (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated Parkland Improvements, which said Agreement, dated Sep {e re%. o er. .13 201/ and identified as Meadows Parkway Median, CSD10-0003, is hereby referred to and made a part hereof; and WHEREAS, Principal is required to warranty the work done under the terms of the Agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished, in the amount of ten percent (10%) of the estimated cost of the improvements; NOW, THEREFORE, we the Principal and International Fidelity Insurance Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $11,340.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns shall In all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all R:ISMITHB1Development RevlowlMedlan Plan Checica1CSC10-0003 Meadows Median 3tBond InfarmaUon\Warranty Bond.doc Page 1of3 Bond No. 049]521 Page Two (2) 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 therefore, 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 judgment 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 hereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. RASMITHBlDevafopment Revlew\Median Plan Checks1CSD10-0003 Meadows Median 31Bond InformatIon\Warranty Bond.dac Page 2 of 3 Bond No. 0491521 Page Three (3) IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal and Surety above named, on September 9 zp 11 Internation SUR By: (tel) urance Company anina Monroe Name) Attorney -in -Fact Cal -Paseo del Sol, LLC PRINCIPAL By: (A---G-LA Michael L. Rust Vice President (Name) (Title) (Title) By: (Name) (Title) APPROVED AS TO FORM: Peter Thorson, City Attorney RASANTHRIDavelopment Revlea/dilledian Plan CbacicsICSD1O- 003 Nlsadowa Median 31Bofld lnfarmatforMartartty 8and.doo Pogo 3of3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On SEP 0 9 2011 before me, Michelle Haase, Notary Public Here Insert Name and Title of the Officer Date personally appeared Janina Monroeame(a) of Signer(s) go, – S -a robs' MICHELLE HAASE Commission # 1810438 Notary Public - California I Orange County My Comm. Expires Aug 22, 2012 Place Notary Seal Above who proved to me on the basis of ,satisfactory evidence to be theerson whose name is/'subscribed to the within instrum nt andac owl d d to me that)(e/she/t executed the same irti /her/tt r authorized capacity and that by pither/tbe# signature4 on the instrument the. personN, or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand -nd official seal. Signature OPTIONAL op 4 Signalur of Notary Public 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): O Partner — ❑ Limited 0 General O Attorney in Fact ❑ Trustee O Guardian or Conservator O Other: Signer Is Representing: RtGHTTHUMBPRIN OF SIGNER Top of thumb here ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here e7 er JCS': d:"•• . • • ;sTvLr. err•,yZ",_,. i�7' rr N en-,rc'e17n_ dim ci. 45*-57.Y",ty c/c"c7 �/ er e»` -. e,ve7 Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07IO2-5207' KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark. New Jersey, does hereby constitute and appoint JANINA MONROE, PAUL BOUCHER Irvine, CA. its true and lawful a tomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety,any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation,.contract or otherwise, and the execution of such instillment(s). in pursuance of these presents, 01311 be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents arid purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Articie 3 -Section 3, of the By -Laws adopted by, the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,' Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof and. (2) To remove, at any dine, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the billowing is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of atorney or certificate bearing such facsimile signatures or facsimile seal shalt be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal snail be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached: IN TESTIMONY WHEREOF. INThI NATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY •=> V: AL y i 904c-„1 STATE OF NEW JERSEY , q County of Essex s„.3aa� 4141 ' 1: V Secretary On this 16th day of October 2007, before the came the individual who executed the ppreceding instrument. to me personallyknown, and, being by inc duly. sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE CMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the. said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF;,I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATIONMy Commission Expires. Nov. 21. 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of aid Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transi;ripts.thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this day of SEP 092011 SEP 0 9 2011 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �yCc�.`;e;CsA:�.0��.,Z:e2cM.e>l`,tSC'„�.eX`,e�:;��1�.tact'i:(�,cs`7�;Z:c�;t'�'..CK�.cY�,e>C,rel`.�'Rimc:<•Sc<>,2>�.c:C..i�:EYE,(a(`-r�.eaE`-�:f�:�f`-..�E>:�E`„�"%c-: State of California County of 5frx) tJi pt3(xot Date personally appeared before me, t eE TA-t2�t Hero Insen Nene and The of the Off cer KicAtict at- L. Names) of Signer(s) Pw31-(c) , C. MCGEHEE Commission # 1891656 Notary Public - California San Diego County Comm. Expires Jun 30, 2014 who proved to me on the basis of satisfactory evidence to be the person whose name(s3 is/are subscribed to the within instrument and acknowledged to me that he/sJx6/tl' executed the same in his/lam/tOr authorized capacity(ie ), and that by his/het/thef(r signatureK on the instrument the persona' or the entity upon behalf of which the personc9f acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h.nd and offi;'al seal. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document rrt-rK o� -r `� ,p 4o 0 i+ctl52J Title or Type of Document: w A2 2A1U ^c,.3 '1"nfr) D — t- 'D W S ` t�(iNuii PiQd..:.eaft_) Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): O Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑Corporate Officer — Title(s): ❑ Individual 0 Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here `t5C.c,'W.I ' v.�:4 •clY*I.M44 Cgv^WAY4IN^-otX<f�r- 2009 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1.800-876.6827) Item #5907 CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-Killea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 City Of Temecula Community Services Department 41000 Main Street. Mailing Address: P.O. Box 9033 • Temecula, CA 92589-9033 (951) 694-6480 • Fax (951) 694-6488 • www.dtvottemecula,orQ Parkland/Landscape Improvement Agreement Date of Agreement: 1, r /7,11 r Name of Subdivider. / _ Pa feo cie j SO f r L L G Address of Subdivider (street): 9g d -o 7a,,,, ,t e Cee, 44. e i0,-� ve- ) Sur 'y e /OC> Address of Subdivider (city, state, zip): Jay, D ie9 a 1 CA 9'a-1 . Contact: (.1<)e )4 il a, 5 Title: %?.c/eci- 474,44Q,, Fax Number. 852,.- `i s 5 _ 5 3 C g Phone Number. e Ss- `1- ( 300 Name of Subdivision: Qct seo Oel So I — 6, -Her Feld Sfaje (2(.0.r,) TC S O Wed, -;e1.4_5 Pai.k.b o.. Jtrti 24188-2 & -3 5 6 K +6 9 Tract No.: Parkland/Landscape Improvement Plans No.: (Referred to as `Landscape Improvements CSD10-0004 Estimated Total Cost of Improvements: $252,400.00 Estimated Completion Date: jReferred to as "Completion Date") A/overn Ser- /.S� C.)! / Name of Surety: (,k \ \ i co Cas u o y Co.",- PC"e y Address of Surety (street): a 6CO (Ale 5-f- ()it' v e_ i v e,A , e , S. r1 F /00e- _ -- - -- Address of Surety (city, state, zip): t (3ti, ba,., t<i CA 9 ( Co gey .5 Contact %yi 'tilt Curr a{,. 33 3 - --,c Title: ,4 v,O o,w/ Si,„ -.e i 7/7,,,,„e;,--- /7,,,, cF,---Phone PhoneNumber: gig - 5 (q 5 Fax Number. rr Bond No• Amount Faithful Performance Bond QE -1 S 6 Q 3-. .0000 5 7- $ 252,400.00 Labor and Materials Bond PHS 130 --6 oczo 5 9- $ 126,200.00 Bond for Warranty PHS )' o_i,- 6000050 $ 25,240.00 1 R:ISMITHB1Development Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreement.doc This Agreement is made and entered into by and between the City of Temecula, Califomia, a Municipal Corporation of the State of Califomia, 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 Califomia 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 2 R:\SMITHB\Development Review\Median Plan Checks1CSD14-0004 Butterfield Stage Road Median \Bonds\Parkland Landscape Agreement.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. 3 R:ISMITHB1Development Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreement.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 Obligations to Construct Parkland/Landscaping Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file 4 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreement.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 Tess, 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 5 R:ISMITHB\Development Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreementdoc rights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Rights -of -Way. If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and 6 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreement.doc 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, 7 R:\SMITHB1Development Review\Medlan Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreement.doc 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 8 R:\SMITHB\Development Review\Medlan Plan Checks\CSD10-0004 Autterfield Stage Road Median\Bonds \Parkland Landscape Agreementdoc 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 9 R:\SMITHB\Developrnent Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreement.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 attomey's fees. 7. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision 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. 10 R:1SMrrHB\Development Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreement.doc 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 11 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreement.doc 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. 12 R:ISMITHB1Development Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreementdoc 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 13 R:ISMITHB\Development Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreement.doc repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not Agent of City. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Iniury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public During Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 14 R:ISMITHB\Development Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreement.doc 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 15 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreement.doc 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 altemative 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. 16 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreement.doc 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 /Vovrv" bec- l S 1 D -C.) I i . In the event good cause•exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to fumish new security guaranteeing 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 Vesting of Rights., 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. 17 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreement.doc 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 41000 Main Street Temecula, CA 92590 or P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: Name/Address: Co - PaSeo Act cte a 0 tow►, t Ce,AM€ Driv-e St.. ft \oo San I'Xtyo ctd-1a.1 Contact Name: /Yl; Ke Ru.s- Contact Phone No. g 5 3 - 6 • y - 1300 W' f1.. CU n � TO'. Cc1- Pu.beo cte.1 .So1) LL i�tcrAtiv+� : Le3ca1 Gi240 Touwke CtNtrc /Jr ve SKS .te to 0 sca.0 JJ: c. C ik gala, 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 18 R:\SMITHB\Development Revlaw\Medlan Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreement.doc 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Legal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this section. 28. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. 19 R:ISMITHB\Development Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Median\Bonds\Parkland Landscape Agreement.doc IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Temecula Community Services District Board President. TEMECULA COMMUNITY SUBDIVIDER SERVICES DISTRICT BOARD By: l_ U - By: Name: MAW i" AroName: Vice Title: Title: By: Name: Title: (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) ATTEST: Jeff Comerchero President By: Susan W. Jones, MMC, City Clerk RECOMMENDED FOR APPROVAL: By: Greg Butler, Director of Public Works Herman D. Parker Director of Community Services APPRO By: / Peter Thorson City Attorney 20 R:\SMITHB\Development Review\Median Plan Checks\CSD10-0004 Butterfield Stage Road Medlan\Bonds\Parkland Landscape Agreementdoc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cmc Fc Acre rtrt�f Cc—r iAcecM <SCFcec�iFC�e�rM7�cfrcCarcc.~;C'cCcCeC'.e:�, 4OL R c�e�` Ctccue exu :P��t`?� nI State of California County of 5014lt,U On PtuausT Ilia:01% before me, GRAEFitet I`)o-rA ?LthLIei , Date, Here Insert Nance and Title of the II' personally appeared A-�'1 L Name(s) oI Signer(s)UST } C. MCGEHEE Commission 411 1891656 Notary Public - California San Diego County Comm. Exp res Jun 30, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person* whose name(* iskoe subscribed to the within instrument and acknowledged to me that he/slae/t14ey executed the same in his/ber/theff authorized capacity(iDe)', and that by his/her/their signature($ on the instrument the person(*; or the entity upon behalf of which the person($ acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and .fficial seal. Signature: OPTIONAL Signature of Notary Public 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(les) Claimed by Signer(s) Signer's Name: _ Signer's Name: LI Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact LI Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑Corporate Officer — Title(s): ❑ Individual El Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here giaM -'Vag*. c �S��,WS fo_5�, �1 kn CDC :._. _ ? ._1C%4 $1,1v&f41aS4 C ^ FSc:C` tr t. ccerGrn erGS� � ® 2009 National Notary Associat on • NationalNotary.org • 1 -800 -US NOTARY (1-800-876.6827) Horn usom W OI 8 O N 8 0 8 a �1c`8 3'4 I-is7• A m co v ?.03 1rmd itax ac! C/1 cc:1 0 movm� � $ Oz�o N G'od or lw IM lig:v4 z O N 0O' fn0 -i d 0 p ▪ i'ia3 0 's o $ 0 i li o; (9 II mw 0 0 m Fcoo 0 IF 0 N 0 0 8 O i 0 8 0 O m v P O 8 i 0 41 1 8 N ;t1 N 8 8 8 • fit NN• �nNTto � • 68 63 9 o 1 titra 88888 8 8 1 1 CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the `Company") in accordance with the provisions of The Beverly-Killea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust No& C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 RESOLVED FURTHER, that any actions heretofore or hereafter taken by the officers of the Company within the terms of these resolutions are hereby ratifled, certified and adopted In all respects. DATED as of August 1, 2011 MANAGING MEMBER Cal -Land Asset Partners, L.P. a California limited partnership By: Newland TFC, LLC a California limited liability company Its: General Partner By: Dolores A. Valle Corporate Secretary Page 2 of 2 Bond No. PHSB016000057 Premium: $3,786 / Two (2) Years CITY OF TEMECULA PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND WHEREAS, the City of Temecula, State of California, and Cal -Paseo del Sol, LLC, (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain parkland improvements, which said Agreement, dated /47affi /1f D -o// , and identified as Butterfield Stage Road Median, CSD10-0004, 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; NOW, THEREFORE, we the Principal and Ullico Casualty Company as surety, are held and firmly bound unto the City of Temecula, Cafifomia, in the penal sum of $252,400.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their 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 therefore, 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 judgment rendered. R:ISMITHB\Oavelopment ReviewlMedlan Plan Checks\CSD10-0004 Bulterfierd Stage Road Medtan\Bondskparkland landscape faithful performanae.doc 06/2812011 Performance Bond No. PHSB016000057 Page Two (2) 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 there under or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on August 16, 2011 (Seal) (Seal) SURETY Ullico CaOalty;Com ny By: - J J t»— Janina Monroe (Name) Attorney -in -Fact PRINCIPAL Cal -Paseo del Sol LLC By: Lt ---•-A Michael L Rust (Name) VIC! President (Title) (Title) APPROVED AS TO FORM: By: (Name) (Tide) Peter Thorson, City Attorney R:tSMiTNB1Davelopment Review'MBdlan Ptan Checks\CSO10•0004 Butterfield Stage Road MedtanlBondstpark[and landscape raMhful performanca.doc 06/282011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT y ar,-- e> - e' ' - STATE OF CALIFORNIA County of Orange } • On AUG 1 6 2011 before me, Michelle Haase, Notary Public Here Insert Name and Title of the Officer Date personally appeared Janina Monroe Name(s) of Signer(s) MICHELLE HAASE Commission # 1810438 Notary Public - California : t �.� Orange County 3 .r, My Comm. Expires Aug 22, 2012 v-v�v a�>r�-ar•�a4wr�rai�ro� Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose name s/� subscribed to the within intrumr�nt and ac owl dgid fo me tha1)'t /she/t executed the s e i her/tNt capacity and that by r her/tsignature4 on the instrument the persorit, or the entity upon behalf of which the person' acted, executed the instrument. r'' 4 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature / U -C G/i��17-#4/e1-e2Al2-- Signature ofiNotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual O Corporate Officer—Title(s): O Partner— ❑ Limited 0 General ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: R1GHTTHUMBPRINT OF SIGNER Top of thumb here r7 _, o''C.a'' en - . _ . e19 -41T4'49' er e›Vd: r'ercer .�?" ea�.� "..tre engs+, .. , e7: 4%.1741.s7 .rZ :4r-ena' % er e77`: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rAr.c�xrE � �r c>c cre>rc>c rc o zcc rrcc c r�r c r�r c rc �c rc rare c � rz c rr� c r State of California County of JP N D (e o On Ntyy} t1i.,2ot1 before me, C.. =G n4E,E I Alarmed ��t t uc, Date Here Insert Name and Tete oI the Officer V personally appeared k.IC tykE L C-- usT" Namo(s) of Signer(s) } z z C. MCGEHEE Commission # 1891656 Notary Public - California Z San Diego County Comm. Ex roe Jun 30, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he/st eftheey executed the same in hisMerittaeir authorized capacity(ies); and that by his/446,00464- signatures- on the instrument the person(e) or the entity upon behalf of which the person(6) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Signature of Notary Public 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/Ito anot er document. Description of Attached Document Cali of VtAle i -aa, ra,40<[-Ptm Title or Type of Document:Levu:I-Scapa + 4.3411c11-0- cObi talCC'e •LJ Document Date: uit oll 0 .ST Z Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Number of Pages: ❑ Corporate Officer — Title(s): ❑ individual O Partner — ❑ Limited 0 General O Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUI OF SIG PRINT R Top of thumb here ❑'Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited 0 General 0 Attorney in Fact O Trustee LI Guardian or Conservator 0 Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here <Vk>wG � �C: v 4i�L4SF-'Fri WC�4�SaL J�i�^FLfaSLfo` 4''.yG+Se' G" u4" W oN4'�L y1C l V� 4^ E?� W K%4 .GTFi�IG� G^�4 _fir LGU 'y ASSOCIation • NationalNOtary.Org''-°^^-' Imm ur OA7 11ico ULLICO Casualty Company 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUACOMPANY (the Company), a corporation organized and existing under the laws .„ of the State of Delaware, does hereby constitute and appoint: JANINA MO ROE, PAUL E. BOUCHER, THOMAS G. MCCALL, TIMOTHY J. NOONAN, JEREMY YEUNG AND MICHELLE HAASE of LOCKTON COMPANIES, LLC Its true and lawful Attomey (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attomey so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this July 161h, 2009. .0011111/,jf ,,\ ,asuair G'4POgy� O:ep Cngrt;° "Vi UGflf'I.a -- sIDErvT T. -y..0 1979 %� On this 161h day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Daniel Aronowitz President ULLICO Casualty Company, a Delaware Corporation. re. Notary Pubiic CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE 1, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty*tient d6 uU hetLL ffrtify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this day of , 20 are true and correct and are still in full force and effect. I do further certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of AUG 1 6 2011 20 y Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-KIIIea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, Including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 Bond No. PliSB016000057 Premium is included in Performance Bond. CITY OF TEMECULA PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND WHEREAS, the City of Temecula, State of California, and Cal -Paseo del Sol, LLC, (hereinafter designated as "Principal') have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated , and identified as Butterfield Stage Road Median, CSD10-0004, 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 NOW, THEREFORE, we the principal and ullico Casualty Company as Surety, are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, material men, other persons employed in the performance of the aforesaid Agreement and referred to in Title 15 of the CMI Code, in the penal sum of $126,200.00, 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. R\SMITHB1Ueve opmentReview\Median Plan Checks`CSD10-OOO4 Butbarfleld Stage Road Median\Bondslparkland landscape labor and materials bond.doo Page 1 of 3 Labor and Materials Bond No. PHSB016000057 Page Two (2) As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall he 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 judgment rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed there under or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. R 1SMITuB\Pevelopment ReviewlMedlan Plan Checks1C5D10-ODod Butterfield Stage Road MedianeBondslparkland landscape Tabor and materials bond,doa Page 2 of 3 Labor and Materials Bond No. PHSB016000057 Page Three (3) IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal and Surety above named, on August 16, 2011 SUR By: (Seal) (Seal) Ullico\Caal 5y- mpa y nina Monroe (Name) Attorney -in -Fact (Title) APPROVED AS TO FORM: PRINCIPAL Cal -Paseo del So» CGS -?_sp_ By: Peter Thorson, City Attorney (Name) Miutldet L. Rust Vice President (Title) By: (Name) (Title) R:ISMIT IADevelopnwnt RevtewtMedlan Platt Checks\CSD10-0004 Butterfield Stage Road Medlars%Bonds\parklend landscape tabor and materials bend.doo Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange ?%CCe7. moi' .'"e7 On AUG 1 6 2011 before me, Date sr } Michelle Haase. Notary Public Here Insert Name and Title of the Officer personally appeared Janina Monroe Name(s) of Signer(s) MICHELLE HAASE Commission # 1810438 Notary Public - California Orange County My Comm. Expires2012 mar Place Notary Seal Above who proved to me on the basis of,satisfactory evidence to be theerson whose name is/ subscri ,ed to the within instrument and ac owl dg d to me that' /she/t executed the same irti /her/tt r authorized capacity and that by Xherfte# signatureD4 on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. k P. 4 Witness my hand and official seal. Signature p �[ 1✓ .> SignatureNotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ❑ Individual O Corporate Officer—Title(s): O Partner — ❑ Limited ❑ General O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: ars,-vr�. • e7" v,^-• `. s*' `r, :7." • 6V :9rer e7 er e'ia?"a, :i RIGHT THUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ^(�crc rticrc c�crc�c�f �c�cY �,rc�c cc ae ccc ri ce c c c e cYc��F cc c�erecc>c csch< acresr•RP.P :MVV. er State of California County of 3 An eeo } On f cal.[$F ) 1, 20U before me, E kti~e N10 T/b J Date Here Insert Name and Title of the Officer ROI/VAX-1— `R Lt -r Name(s) of Signers) personally appeared "/ C. MCGEHEE Commission * 1891656 Notary Public - California San Diego County Comm. Explres Jun 30, 2014 who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/elle/they executed the same in his/lief/their authorized capacity(ies},- and that by his/t et tbei!r signature(ej- on the instrument the person*, or the entity upon behalf of which the person* acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offi ial seal. Signature: 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 f another document. Description of Attached Document__rrCT OY" �o��r 1-,s yyte .s. �G '°`^t D1 Title or Type of Document: t4 -$1:1 -Sc -of G.rY e_ # MOI-' fit,'.i- � Q�bos7 Document Date: AugUi-r �!I t �-��` Number 01 Pages: Place Notary Seal Above Signature of Notary Public Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — O Limited Li General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑'Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here `s ® 2009 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Ina) ULLICO Casualty Company 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney, KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY CQI 'ANY (the Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: JANINA MONROE, AUL E. BOUCHER, THOMAS G. MCCALL, TIMOTHY J. NOONAN, JEREMY YEUNG AND MICHELLE HAASE of LOCKTON COMPANIES, LLC its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTIIER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this July l61', 2009. 001,11)11, ``. 3 uaF,1, 1st C): SCALA`•=2 Q 1 e 7 9 : y Daniel Aronowitz President ULLICO Casualty Company, a Delaware Corporation. On this 16'h day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. "s --Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Cy y y o er�1',,cy ify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this day of I'I U 12 1 U L U 1 20 are true and correct and are still in full force and effect. I do further certify that that Daniel Aronowitz, who executed the Power of AttorneyasPresident, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, AUG G 1 6 2011 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 20 Teresa E. Valentine Senior Vice President, General Counsel R. Secretary ULLICO Casualty Company CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-Klllea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named Individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company Is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate In their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 Bond No. PliSB016000058 Premium: $379 / One (1) Year CITY OF TEMECULA PARKLAND/LANDSCAPE WARRANTY BOND WHEREAS, the City of Temecula, State of California (hereinafter designated as 'City"), and Cal -Paseo del Sol, LLC (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated Parkland Improvements, which said Agreement, dated //'5/ /7, do/,' , and identified as Butterfield Stage Road Median, CSD10-0004, is hereby referred to and made a part hereof; and WHEREAS, Principal is required to warranty the work done under the terms of the Agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished, in the amount of ten percent (10%) of the estimated cost of the improvements; NOW, THEREFORE, we the Principal and Ullico Casualty Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $25,240.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all R:1SM1THB1Development Revlew\Medtan Plan ChockslCSD10-6004 Butterfield Stage Road MedlanlBondslparkland tandscape Warranty Bond 1.doc Page 1 of 3 Bond No. PHSB016000058 Page Two (2) 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 therefore, 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 judgment 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 hereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. R:ISMrTNBIDeVe opment FtevIew\Medien Plan Checks\CSt1O-0004 Butterfield Stage Road Median1Bcndstparkland landscape Warranty Bond 1.doc Page 2 of 3 Bond No. PHSB016000058 Page Three (3) IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on August 16 , 20 11 (Seal) (Seal) SUREPt Uiico Ca /alty -6mpa By: y Janina Monroe (Name) Attorney -in -Fact (Title) PRINCIPAL. Cal -Paseo Del`S6r, L'L By: k ��� -� ✓� 1 (Name) Michael L Rust We President (Title) By: (Name) (Title) APPROV ' AS TO FORM: Peter Thorson, City Attorney R.tSM THBIDevetopment Revlee Median Pian checkMCSD40•0004 Butterfield Stags Road Medianleonds5parktand landscape Warranty Bond Moo Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange e/ Nr• :7>` } On AUG 1 6 2011 before me, Michelle Haase. Notary Public Here Insert Name and Title of the Officer Date personally appeared Janina Monroe Name(s) of Signer(s) MICHELLE HAASE Commission # 1810438 Notary Public - California Orange County My Comm. Expires Aug 22, 2012 Place Notary Seal Above who proved to me on the basis of•satisfactory evidence to be theerson whose name is/(subscribed to the within instrum nt and ac owl dg d to me that%/she/t executed the s e her/tauthorized capacity and that by i her/tsignatureM on the instrument the. person(, or the entity upon behalf of which the person acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i•ak n•4 Witness my hand and official seal. Signaturel/(_fJL Signature Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner D Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here .i`CE:`C�. fC'+�GGZ.^L'..E,' `',^b`7G.` '�?i: • N'r-nyY. ,7 `..7L"e.. - d-' a,, Signer's Name: O Individual ❑ Corporate Officer—Title(s): D Partner— 0 Limited 0 General O Attorney in Fact O Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ^� County of 54;I3 LJ ieC-5t. } On Puc(l.es* r1, 201 `before me, C Kate eE Date Here Insert Name and Title of the Officer R CHI\ EL personally appeared Name(s) of Signer(s) C. MCGEHEE 10\* Commission * 1891656 1 Notary Public - California Z \l."nf San Diego County Comm. Ex fres Jun 30. 2014 who proved to me on the basis of satisfactory evidence to be the person(e)- whose name(e} is/afe-- subscribed to the within instrument and acknowledged to me that he/sheitheli executed the same in his/her/their- authorized capacity(iee) and that by his/4eriltheif signature(*- on the instrument the person(e); or the entity upon behalf of which the person(* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd and off', ial seal. Signature: _ /j'=�4 US& Place Notary Seal Above Ignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document CT.- acq Taavie_c_acc 2r L , Pa. Rio bJ �r�N›�145Title or Type of Document: A-cp E �lA()JJ.J Pa5 e,6 I foo 000 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): O Individual El Individual O Partner — 0 Limited 0 General ❑ Partner — 0 Limited 0 General ❑ Attorney in Fact 0 Attorney in Fact ❑ Trustee 0 Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Ll Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here as onno nhennnl nln.nn, AQenniminn • NelinnnINMen, nrn • 1_0nn_I IC KI fTAOV H_Onn_Q7R_RGO71 bcm ■con? Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ULLICO Casualty Company 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY CO ANY (the Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: JANINA MONRO , AUL E. BOUCHER, THOMAS G. MCCALL, TIMOTHY J. NOONAN, JEREMY YEUNG AND MICHELLE HAASE of LOCKTON COMPANIES, LLC Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (I) Appoint Attorneys) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this July 16°i, 2009. �„wine/a, , ,\‘ e 4 a it -� G APOq• CZ. C):SEAL":a 01979 •11) Daniel Aronowitz President ULLICO Casualty Company, a Delaware Corporation. On this 16t day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. N:,tary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE 1, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty CQpj� y, do herb certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this day of A Uh 1 6 2011 , 20 are true and correct and are still in full force and effect. I do further certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of AUG 1 6 201120 . Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-KIllea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company Is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer In his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 City Of Temecula Community Services Department 41000 Man Street • Mailing Address: P.O. Box 9033 • Temecula, CA 92589-9033 (951) 694-6480 • Fax (951) 694-6488 • www.citvoftemecula.orq Parkland/Landscape Improvement SSP Agreement 3 11 Date of Agreement: i:%4. be r t Name of Subdivider: Cal -Paseo del Sol, LLC Address of Subdivider (street): 9820 Towne Centre Drive, Suite 100 Address of Subdivider (city, state, zip): San Diego, CA 92121 Contact: Gregor Connors Title: Project Manager Phone Number: 858 674-1300 Fax Number: 858 455-5368 Name of Subdivision: Campanula Way- between De Portola and Leena Way - (3,240 sf) Tract No.: 24182-24186 Parkland/Landscape Improvement Plans No.: (Referred to as "Landscape Improvements") CSD11-0010 Estimated Total Cost of Improvements: $32,300.00 Estimated Completion Date: (Referred to as "Completion Date") 300v►u-ari 3 1` 1.0 1 Name of Surety: Iv' 1-rv"0.-A- opal F;CI:e‘t. ill As u.e�.�, c e Co •49,00.>y Address of Surety (street): a,3 3 W e l S rZ J (31 -c& • ) S IA,C '{-e 53" Address of Surety (city, state, zip): Sa"1-o. w..uv,ica CA- 90 '-10 i Contact: S vvxv,e, W O ‘ f 7 Title: Phone Number: t1/4) -- act S _ 1-g 8 —I- Fax Number: Bond No. Amount Faithful Performance Bond n `i 1 S a 6 $ 32,300.00 Labor and Materials Bond 0 4 g I S a G $ 16,150.00 Bond for Warranty 6 4 t 5 a. i.. $ 3,230.00 1 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.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 2 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.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. 3 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.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 Obligations to Construct Parkland/Landscaping Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file 4 R:\SMITHS\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.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 5 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.doc rights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Rights -of -Way. If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and 6 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.doc 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, 7 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.doc 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 8 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.doc 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 9 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.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. Injury to Public Improvements. Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged 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. 10 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.doc 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 11 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.doc 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. 12 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.doc 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 13 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.doc repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not Agent of City. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Injury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public During Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 14 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.doc 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 15 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.doc 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. 16 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.doc 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 SaYn chary 3I 1 -O (a, 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 Vesting of Rights. 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. 17 R:\SMITHS\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.doc 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 41000 Main Street Temecula, CA 92590 or P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: Cal -Paseo del Sol, LLC 9820 Towne Centre Drive, Suite 100 San Diego, CA 92121 Attn: Mike Rust 858 674-1300 With Copy to: Cal -Paseo del Sol, LLC 9820 Towne Centre Drive, Suite 100 San Diego, CA 92121 Attn: Legal Department 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 18 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.doc 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Legal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this section. 28. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. 19 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.doc IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Temecula Community Services District Board President. SUBDIVIDER TEMECULA COMMUNITY CAL-PASEO DEL SOL, LLC SERVICES DISTRICT BOARD By: By: Michael L. Rust Name: Vice President Name: Jeff Comerchero Title: Title: President By: Name: Title: (SUBDIVIDER'S signature must be notarized and shall be attached; if a corporation two signatures are required unless corporate documents authorize one signature.) ATTEST: By: Susan W. Jones, MMC, City Clerk RECOMMENDED FOR APPROVAL: By: Greg Butler, Director of Public Works By: Herman D. Parker Director of Community Services Peter Thorson City Attorney 20 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0010 Campanula Way\Bonds\Parkland Landscape Agreement.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f c�c(e crt Pc^fvcrc�c Ff'd�ec�c�( crc C Acs6sc ci ccr�c Cser<n< (c�< Frc�ciF�cc Pie <rt;Accrc� 1 . State of California County of 3i& 1Jl C. On So OtittV&V 13 Pflbefore me, Date personally appeared Here Insert Name and 111e of the Officer M i LIA v E L_ L. i, k3T Name(s) of Signer(s) C. MCGEHEE 111111t).% Commission IM 1891656 • 21 Notary Public - California `'z'*+% San Diego County Comm. Ex fres Jun 30, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(.ej' whose names, is/ire subscribed to the within instrument and acknowledged to me that he//tly executed the same in his/I6r/their authorized capacity(iO ), and that by hisitier/tecir signature(e'' on the instrument the person(p) or the entity upon behalf of which the person(, acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o icial eat. Signature: OPTIONAL Signature of Notary Public 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 reattachm-nt of this form to another document. Description of Attached Document r j 0 f 240 --6,pgb Title or Type of Document: Document Date: E fD � 13 f aokl `'"/''' Number of Pages: Signer(s) Other Than {Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: O Corporate Officer — Title(s): ❑'Corporate Officer — Title(s): O Individual ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee O Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ttrscust�-<e,.c�as�c^sau^c 02009 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 85907 CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-Klllea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 RESOLVED FURTHER, that any actions heretofore or hereafter taken by the officers of the Company within the terms of these resolutions are hereby ratified, certified and adopted In all respects. DATED as of August 1, 2011 MANAGING MEMBER Cal -Land Asset Partners, L.P. a California limited partnership By: Newland TFC, LLC a California limited liability company Its: General Partner By: 71 • G/r-e-tA- Dolores A. Valle Corporate Secretary Page 2 of 2 PASEO DEL SOL - ESTIMATED LANDSCAPE COSTS Tract 24182-24186 0 UNIT COST 7 Iz 0 $ I , 190.00 0 k 0 0 z 0 F J a Z_ 0) a2 0 a W z. N Il LL W O O ti U Y L e0 d U w 0O 4J w 0 ca^ °oo .0 z N 0 U c.-. I ct W t z O 8 v tft AUTO IRRIGATION (FLAT SHRUB) IL UI 2 4 W FINE/FINISH W w U) g SOIL PREP. 8 d 8 8 W m 8 O to N 8 8 g W N N a Q) g D it re re i i la 1NN 0 Q W z RR w U wV Xi 0>. J o p 2—If)NOO) $78,17120 (0 0 8z rw z z 0 U 0 5 zN qQ 0 w l• 00••• >,.,.. SUM ...MN Men. • o..:ILI➢.63.1130.,.,.., "..4,TYPO, a z 0 F- a 0 0 J a 2 z 0 0 O STA. 62+36.40 TO STA. 65+96.72 0 M w 1- 1/40 w N. co pN s H N VDQcsi OO+ cO - D0z N WWLU �ZCOal uj 44 F-50 g 11-1Z F 1n f - z J a z 0 0 46 4 VL OF 110.11 pp g� TS 4t9, P.45 1B4 JEa _ W 0 w w x r .V ,, ,/ .4 b n 0 11 4i • �¢ $ Ry1,1111!' 0 f 980 I!iJ 11!S aii8 42411 11 83 13 alghQ p 10 2 r '1 21lig !"111 illi ;I lei 0114 11 a �11a of 11101 1 14 11111 ' ;41 zw w 2 o Hs °z 0 5 T.C.S.D. STANDARD NOTES N.e••a1 sesIke sol, Mt Ott•l Tomo. tYde*.V .lSweltlw en9,)va4ten ORM. • nesre•90,99, T,30 Y. W.I. TM Ow imaw m eteuxnn ovowan _ wpe Cses909•10,0 wrra Era TM, atMI) 9,4.10poor m tmsmarnles 4+099s9 lrltMMw aCwfM•• ,99,4.9, rmpM wtlro HOLD HARMLESS INDEMNIFICATION CLAUS! 0,9• ra wnamw Senna me ww el ta•waen alms p.)t2 sle •w• 9, wwmns wr saves,, ws "Ns MJ•r6T w.O* K . •tW Manem,/ eO ra nYmOrw+.e.asex ma t•.va eMWad. e4sod 9, srtl m.edn9Ot,711< pet.m•1CT0 C. [forty W 1tMt•w MtNot.,ms Mon •rn•b•l 1,40 Ito rol s ahpf. �n eenwm .9•.Mr.e✓+...9 vn)nt.cep*, Is aty eiK V9, a Mem l•aygxt ton 'r 0+•ae..w•m. 9.9460 Tet, a tawam.rtmtn es tee t.nawu•wariest. T.C.S.D. APPROVAL ...tettmem, __ _. Ole., Maw _ The Iwde•pe as matees Men tamp mm. nen Sow W me Twatev Con eve SeSenm a.werr•*re••w es �.tev..ryem.eww TOW Su. Swtwwael. 1Cooton rw.wwow.ser..ee1.9,9 eaIrrwen slam to u.. •aen at Yw•er• Cee Nepswal, T6O aprWr. Or 160•991.9 _ _ a iY a a 1 R F e i 2 a l� 3 3 b a J J "ex ,,.naafi wflfl3.r.r «.e-a..nosfl.rl+.w7 Sariw•daioflt AVM VN331 SMOOV314 ANNf1S 4- - - OVO21 VpO121Od 30 319 1 T.C.S.D. APPROVAL 2 0 0 O 1 9 8 A z N LIA HOLD HARMLESS AND INDEMNIFICATION CLAUSE Q0 U 6 1 1 w.v-SV .pr. OVCCIL wnuvm+. % T' t.s.V. CC an MAN, 17 ww.d•wwMC WI AVM VN331 -so SMOaV]H ANNf1S d (CPI avoa V20t110a 3a 319 1 z 5 S 2 a 2 1 2 1 f tj 11 x i� 1& y it 2 Z itw Ods or 5 e a !!:; Pagi di124 0 z 0 z 2 HEIGHT %SPREAD $!s 2,7 ti 2 Et 20 a L�oi9]aso .�S.4G os is'i t.V16R 1 4z fi 1 a 1 JJ T.C.S.O. APPROVAL S Y !II 2 z S O z 0 18, 1 Fw 1 1 1 ..v mr.i+e Eamnw 1...r•0arwn mm .1.11.41124+41.4 m......40 awuEo rarwmrr AVM VN331 r 110 SMOOV3W ANNns F Ng! SHRUB SCHEDULE 9 8 3 11 • s� T.CS•D. APPROVAL 1- 9 IR! 401 i a t Zp 1 6 1 :Jr 1 z 4 2 1 Bond No. 0491526 Premium: $485 CITY OF TEMECULA PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND WHEREAS, the City of Temecula, State of California, and Cal -Paseo del Sol, LLC; (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain parkland improvements, which said Agreement, dated Sp fem be,- / 3,_y /! , and identified as Garnpanula Way Median, CSD11-01110, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond far the Faithful Performance of the Agreement; NOW, THEREFORE, we the Principal and International Fidelity Insurance Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $32,300.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their 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 therefore, 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 judgment rendered. R:1SMITHBIDevelopment Review'Median Plan Chock.\CS011-0010 Campanula WaylBonds'faithful Perfom)ance Bond.doc 69/06/2011 Performance Bond No. 0491526 Page Two (2) 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 there under or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 9, 2011 Irternatioltal- / SUR By: (Seal) (Seal) idelity In - rance Con pany \ l Janina Monroe (Name) Attomey-in-Fact (Title) (All signatures shall be notarized.) APPROVED AS TO FORM: • Peter Thorson, City Attorney • CM -Paseo del Sol, LLC PRINCIPAL By: Michael L. Rust Vice President (Name) (Title) By: (Name) (Title) R:\SMITHBlDevelopment Revtew\Median Plan CheckstCSD11-0010 Campanula WayiBondslFaithful Performance Bond.doc 09105!2011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange SEP 0 9 2011 On before me, Michelle Haase, Notary Public Here Insert Name and Title of the Officer } Date personally appeared Janina Monroe Name(s) of Signer(s) MICHELLE IIAASE Commission # 1810438 Notary Public - California Orange County omires Aug 22, 2012 Place Notary Seal Above who proved to me on the basis of• satisfactory evidence to be the person whose name' ist subscribed to the within instrumbnt and ac owl dg d to me that)(/she/t executed the same i i /her/th r authorized capacity and that by 1her/t signaturet4 on the instrument the person(,, or the entity upon behalf of which the person' acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature�� Signatur- •f Notary Public OPTIONAL n- 4 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): O Partner — ❑ Limited 0 General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ❑ Individual O Corporate Officer—Title(s): O Partner— 0 Limited 0 General O Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: • Vr'e . e7 r, -t73'- , e77'e7' `e • &7e2 N • ea a y6 � 'ewe ✓ .!..-7-ear-eare7. RIGHTTHUMBPRINT OF SIGNER Top of thumb here Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TII FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN 13Y THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint JANINA MONROE, PAUL BOIJCHER Irvine, CA. its true and lawful :attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory, in the nature. thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contractor otherwise, and the .execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and mat be revoked, pursuant to and by authority of Article 3 -Section 3, of the 13y -.Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President; Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the. Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to, any bond or undertaking to which it is attached. \n�NDT Y lNt. o �" SEAL `� ct ��1904 ry I STATE OF NEW JERSEY y !v d County of Essex tidy `r 1zrR5 ��� 1N/ * 0 IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY Secretary On this 16th day of October 2007, before me name the individual who executed the preceding instillment to me personall known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the:said Corporate Seal and his signature were duly affixed by order of the Hoard of Directors of said Company:. IN TESTIMONY WHEREOF, I have hereunto ser my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBL1C OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE CO;M1PANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws o'' said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole ofthe said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this day of SEP 092011 SEP 092011 40(GCOt4)4400('-'1:9-- Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . Cc�P�s�i Yrt Ctc�rsc�ctt zhc�rc cn 6c�.. r CCMcc� t�c��=cc E�cc�'v(>s State of California 5fl)EGo County of On5e0" X312.011 before me, Date personally appeared } 1\I• fE L i WOA e Here Insert Na , and Title of the Officer Name(s) of Signer(s) C. MCGEHEE Commission #f 1891656 = Notary Public - California ;t San Diego County My Comm. Expires Jun 30, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(a)* whose name($ is/ap6 subscribed to the within instrument and acknowledged to me that he/s)/thf?y executed the same in his/h&/tfj it authorized capacity(, and that by his/h /thjfr signature(81 on the instrument the person($ or the entity upon behalf of which the person(Wacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici .I se I. Signature: OPTIONAL ignature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent re oval and reattachment of this form t nother documen . Description of Attached Document L-1 O; dam€ 4-- aJ1I111' Mke Title or Type of Document: 5=11-r4-1-Fu.L L a-41.14WGF tot> 0 4-9 1 (p Document Date: ���� �3 } 7-O( Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Li Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Individual O Partner — ❑ Limited 0 General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ Individual ❑ Partner — Ll Limited O General ❑ Attorney in Fact 0 Trustee ❑ Guardian or Conservator o Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here w�S�:�!csL�`i�c,'�W,`�c`Lv`�/>S�GSuA�.`C�o��`S�'kl'�?'�'W5'�G'S_���-'c4�'`Gt.^�.�c.c7'�'s!6:NI�S�S�'4^�=�0..�'��^�."�W'�'�ccR�eiS�U'�'.�a`��G, ® 2009 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876.6827) Item 55907 CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-KIIIea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 Bond No. 0491526 Premium is included in Performance Bond. CITY OF TEMECULA PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND WHEREAS, the City of Temecula, State of California, and Cal -Paseo del Sol, LLC, (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated �2U km be,- 131 ?o(t , and identified as Campanula Way Median, CSD11-0010, 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 NOW, THEREFORE, we the principal and International Fidelity Insurance Company as Surety, are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, material men, 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 $16,150.00, 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 therefore, there shall be included costs and reasonable expenses and fees, R:ISMETHB\Development Revlew\Medlan Plan Checks\CSD11-0010 Campanula Way\Bands\Labor and Materials Bord.doa Page 1 of 3 Payment Bond No. 0491526 Page Two (2) including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included In any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed there under or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications_ RISMITHB Development RevievnMedian P.an CheckstCSD11-0010 Campanula way\BondslLabor and Materials l3ond.doc Page 2of3 Payment Bond No. 0491526 Page Three (3) IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 9, 2011 (Seal) Intergatiorl:I Fideli , Insurancee6pmpany SUFETY By Janina Monroe (Name) Attorney -in -Fact (seal): Cal -Paseo del Sol, LLC €RIi1CLPAL Michael L. Rust Vice PresMe) (Title) (Title) (AH signatures shall be notarized.) APPROVED AS TO FORM: Peter Thorson, City Attorney By: (Name) (Title) R:t3MOYHEADevelopment Revlew!Median Plan CheckniCSD11,0010 CarfpanuIa Way18ond914jborand Materlats Band.doa Page 3of3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange SEP 0 9 2011 On before me, Michelle Haase. Notary Public Here Insert Name and Title of the Officer } d Date personally appeared Janina Monroe me(s) of Signer(s) ..a.sl..as.m MICHELLE HAASE Commission # 1810438 Notary Public - California Orange County My Comm. Expires AAug 22, 2012 Place Notary Seal Above who proved to me on the basis ofsatisfactory evidence to be theerson whose name is/subscribed to the within instrum6nt and ac owl dg d to me that)'(e/she/t executed the same i i/her/tl r authorized capacity and that by f4/her/tl slgnatureb4 on the instrument the persons', or the entity upon behalf of which the person' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand an officia seal. Signature y, L'- Signatur of Notary Public OPTIONAL P' 4 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(s) Signer's Name: Signer's Name: ❑ lndividual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited 0 General O Attorney in Fact O Trustee O Guardian or Conservator O Other: O lndividual O Corporate Officer — Title(s): O Partner — ❑ Limited 0 General O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: RiGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ? • ems' Or-. : . 817 "<tr Y.: . U -137-eri-e1,. e' e'7.�`g'- .674i._ y ✓ - cYG'- "-ere/4;g e Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY; HOME OFFICE:. ONE NEWARK CENTER, 2.0T11 FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint JANINA MONROE. PAUL BOUCHER Irvine, CA. Us true and lawful attorneys) -in -fact to execute, seal and deliver for and on ns behalf as surety,anv and all bonds arid undertakings, contracts of indemnity and other writings obligatory in the nature thereof. which are or may be allowed, required or permitted by law, stature, vile, regulation, contractor otherwise, and the execution of such instnrment(s) in pursuance of these presents. shall be as bindrng upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1p974. The President or any Vice President, Executive \rice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize theist to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney} is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such. facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such, power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 4• Y 1 pEIp �R Q �v SEAL • 1904 jHl * }� rr3 IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer. this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding:instrument, to lite personally known, and, being by me duly sworn, said the be is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set nry, hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATIONMy Commission Expires Nov. 21, 2010 1, the undersigned officer of INTERNATIONAL FIDELI'T'Y INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the S Poyser of Attorney and affidavit and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN TIIE HOME OFFICE OF SAID COMPANY, and that the sante are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this SEP 0 9 Z1)11 day of SEP 0 9 2011 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT va.c�c�c�crirc Ac �xc rcrcei rc cccrc c c�cc F c>c c�c�� C <>c>� c c f c f c rc�l e cc�oP,oAksc�K -�e fv�ue� State of California County of 5,j DiEco } LeraO l 1 before me, '`'�� s✓ Date - Here Insert Name and Title of the Officer t`tcc1-144.a1- u.s Name(s) o Signer(s) personally appeared C. MCGEHEE Commission 1 1891656 Notary Public - California San Diego County Comm. Expires Jun 30, 2014 who proved to me on the basis of satisfactory evidence to be the person* whose name* is/are subscribed to the within instrument and acknowledged to me that he/s0t/tb' executed the same in his/tAtty�ir, authorized capacity(ies�, and that by his/h�/tlr signature( on the instrument the person(s', or the entity upon behalf of which the personc91 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and off ial seal. Signature: 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 anot er document. I' Description of Attached Document CAT S-tt CC—r,�r�,ec.J. Q� �GP UL M Title or Type of Document: I,P c - 4 Mfic -re 12_1 A► -6 por) ra 6149 (Sano Document Date: c5-1-4 (3 ?_O 1 ( Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): O•Corporate Officer — Title(s): ❑ Individual RIGHT THUMBPRINT 0 Individual OF SIGNER ❑ Partner — ❑ Limited ❑ General Top of thumb here O Partner — 0 Limited 0 General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee 0 Trustee ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: 0 Other: Place Notary Seal Above gnatur8 of Notary Public Signer Is Representing: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Et wino Nafinnal Nntan, As n intinn • NaNnnalNntary nrn • 1_ann_I IS Nf1TARV 11_Rf111-147R.RR071 num NR0n7 CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-Klllea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust Noel C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company Is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 Bond No. 0491527 Premium: $100 CITY OF TEMECULA PARKLAND/LANDSCAPE WARRANTY BOND WHEREAS, the City of Temecula, State of California (hereinafter designated as "City"), and Cat -Paseo del Sal, LLC (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated Parkland Improvements, which said Agreement, dated ____ ___ / 3y dol/ and identified as Campanula Way Median, CSD11-0010, is hereby referred to and made a part hereof; and WHEREAS, Principal is required to warranty the work done under the terms of the Agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished, in the amount of ten percent (10%) of the estimated cost of the improvements; NOW, THEREFORE, we the Principal and International Fidelity Insurance Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $3,230.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all R:1SMnHBIDevelopment ReviewlMedian Plan Checks',CSD11-0010 Campanula Waylt3ondslWarranty laond.docPage 1 ora Bond No. 0491527 Page Two (2) 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 therefore, 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 judgment 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 hereunder or the specifications accompanying the sarne shall in anyway affect its obligations on this bond, and it dons hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. R_1SMIT11B\Development Rev;eW'Median Plan Checks1CSD11-0010 Campanula Way\Bondslwarranty Bond.docPage 2 of Bond No. 0491527 Page Three (3) IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 9 20 11 International SUF TY By' (Seal) Janina Monroe (Narne) Attorney -in -Fact (Seal). Cal -Paseo del Sol, LLC PRINCIPAL By: Michael L. Rust Vice President (:Tlilaj: (Title) (All signatures shall be notarized.) APPROVED. AS TO FORM: P = '- r Thorsen, City Attorney By: (Nadia) (Title) R SMITHeiPsvelopment RehwlMedfan Plan Chedca1C0011-a010 Campanula WaylOonda\Warmnty Bond.docPage 4 of as CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT e7-•.. ar STATE OF CALIFORNIA County of Orange • SEP 0 9 2099 on Date before me, } • .40-. A x,•67 Michelle Haase. Notary Public Here Insert Name and Title of the Officer personally appeared Janina Monroe Name(s) of Signer(s) }ac , MICHELLE HAASE 4 Commission # 1810438 Notary Public - California Orange County Comm. Expires Aug 22, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be theerson whose name is/' subscrib,ed to the within instrument and ac owl d o me that»/she/t executed the same i i/her/tl r authorized capacity and that by '<her/tW signature on the instrument the person(', or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature ' 4't 22 Signature otary Public OPTIONAL f'' 4 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(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): O Partner — ❑ Limited 0 General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: R1GHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: O Individual ❑ Corporate Officer—Title(s): ❑ Partner —0 Limited 0 General O Attorney in Fact O Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMSPRINT OF SIGNER Top of thumb here • ere, 6' er4g._ a r- . _ • err. er .J s& ,--674"VY,-e7- er• N 6,,"- • d C • ryC...r'etrz.Y,rdr•-e%{�• r•: e9 c», - Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office w the City of Newark, New Jersey, does hereby constitute and appoint JANINA MONROE, PAUL BOUCI-IER- -• Irvine, CA. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of - such instniment(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as Cully and amply, to all intents and purposes, as if the same had, been duly executed and acknowledged by ILS regularly elected officers at its principal office. This Power of Attorney is executed, and may beaevoked, pursuant to and by authority of Article 3 -Section 3, of the 13y -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive. Vice President. Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof and. (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and scaled by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt•. Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and: facsimile seas shalt be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to he. signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. O �'SEAL``% m vv.— $904 rdl STATE OF: NEW JERSEY Q �' � County of Essex \tlk Arc' INTERNATIONAL FIDELITY INSURANCE COMPANY Secretary On this 16th day of October 2007, before me' carie the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signatun.. were duly affixed by order of the Board of Directors of said Company. 1N TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City:of Newark. New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I. the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-1,?ws of sail Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this day of SEP 0 9 SEP 0 9 2011 011 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cM,• tWcyNtsRc� cif' , lei State of California Tc) Countyof c�f,J 20 1) before me, ae personally appeared } RleA+w,s �. Here Insert Name an. it e o the 0 titer L . t.cST Name(s) of Signer(s) C. MCGEHEE Commission # 1891656 Notary Public - California San Diego County Comm. Expires Jun 30, 2014 who proved to me on the basis of satisfactory evidence to be the person(o) whose name(* is/ars subscribed to the within instrument and acknowledged to me that he/std/tty executed the same in hisyF/thjatr authorized capacity(i961, and that by his/hof/thpfr signature(,B'} on the instrument the person(4 or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a d offici, I sea Signature: 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 a other n t/� Description of Attached DocumentC► Ir t oc '��eJ'1'veCt1�-�� `' Title or Type of Document: LPr J D,SC4Te Ll'�1�'YYi eti,t1=701 No o � t l�oZ7 Document Date: 1 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Place Notary Seal Above Signature of Notary Public ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of Thumb hero ❑'Corporate Officer — Title(s): ❑ Individual ❑ Partner — D Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here . ``.riv.� v'Vc^f cc.^s /GSC W %ESc ti k41.1.1M4 g.4. i!41_ -:&Y ® 2009 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800.876.6827) uo.. worn 9 9 CAL-PASEO DEL SOL, LLC ACTION BY WRITTEN CONSENT OF THE MANAGING MEMBER The undersigned, constituting the Managing Member of CAL-PASEO DEL SOL, LLC, a California limited liability company (referred to as the "Company") in accordance with the provisions of The Beverly-KIllea Limited Liability Company Act, Cal. Corp. Code Section 17000, et seq., as amended from time to time. do hereby consent to the taking of the following actions and do hereby adopt the resolutions set forth below: Election of Officers RESOLVED, that the following named individuals are hereby elected to the office appearing next to their respective names effective as of August 1, 2011, to serve in such capacity until removal or replacement by the Managing Member or resignation: Robert B. McLeod Vicki R. Mullins Douglas L. Hageman Gregory Bielli Michael L. Rust No& C. Webb Dolores A. Valle Daryl -Lynn Burke President Sr. Vice President and Chief Financial Officer Sr. Vice President and General Counsel Vice President Vice President Assistant Vice President Corporate Secretary Assistant Treasurer RESOLVED FURTHER, that, effective August 1, 2011, any officer of the Company is hereby authorized, directed and empowered to take, on behalf of the Company, in any of the Company's capacities, all actions that such officer deems necessary, advisable or appropriate in their sole and absolute discretion, including, without limitation, executing and delivering any and all instruments, agreements, certificates and other documents as such officer in his or her sole and absolute discretion deem necessary, advisable or appropriate which instruments, agreements, certificates and other documents shall be in such form as such officer shall approve in his or her sole and absolute discretion, the execution thereof by such officer being conclusive evidence of such approval. Page 1 of 2 Item No. 14 Approvals City Attorney Director of Finance City Manager /-A,P OuL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: October 25, 2011 SUBJECT: Approval of a Minor Construction Services Agreement for the Replacement of the Water Slide at the Community Recreation Center Pool, Project No. PW11-07 PREPARED BY: Greg Butler, Director of Public Works/City Engineer Amer Attar, Principal Engineer Bruce Wedeking, Maintenance Supervisor -Facilities RECOMMENDATION: That the Board of Directors: 1. Approve an Agreement for Minor Construction Services for the Water Slide Replacement at the Community Recreation Center (CRC) Pool, Project No. PW11-07 with Great Western Park and Playground in the amount of $136,755.64. 2. Authorize the General Manager to approve change orders not to exceed the contingency amount of $13,675.56, which is equal to 10% of the contract amount. BACKGROUND: As part of the Capital Improvement Program and Budget for Fiscal Year 2011-2012, the City Council approved appropriations to replace the 18 year old water slide at the Community Recreation Center (CRC). The main structure of the existing slide is painted steel. Years of exposure to pool chemicals and weather have caused significant deterioration of this structure and the fiberglass flumes. Annual maintenance costs to paint and replace rusted portions of the structure to meet County Health Department and OSHA requirements have steadily increased over the years. Staff is recommending the replacement of the slide with a new galvanized steel structure with fiberglass flume to continue to meet safety standards, reduce maintenance costs, and provide the community with a modern water slide. Aquatic Design Group prepared plans and specifications for the water slide replacement. The work includes the demolition of the existing slide, along with the purchase and installation of the new slide. It will include new footings, new slide piping and the installation of a new pump. On September 15, 2011 four (4) bids were electronically opened and publicly posted on the City's on-line bidding service, PlanetBids. The results were as follows: 1. Great Western Park & Playground 2. Aquatic Technologies 3. Nadar, Inc. 4. California Commercial Pools $136,755.64 $185,317.00 $216,000.00 $221,500.00 Staff has reviewed the bid proposals and found Great Western Park & Playground to be the lowest responsible bidder. Great Western Park & Playground has public contracting experience and has completed similar projects for other agencies. The construction cost estimate provided by Aquatic Design Group for the Waterslide Replacement at the Community Recreation Center (CRC) Pool project is $186,860.00. The specifications allow for 45 working days, with a completion date no later than March 31, 2012. FISCAL IMPACT: The Waterslide Replacement at the Community Recreation Center (CRC) Pool is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years FY2011-12. Adequate funds are available in the project accounts to construct the project. ATTACHMENTS: 1. Agreement 2. Project Description 3. Project Location AGREEMENT FOR MINOR CONSTRUCTION SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND GREAT WESTERN PARK AND PLAYGROUND, INC. WATERSLIDE REPLACEMENT AT THE COMMUNITY RECREATION CENTER (CRC) POOL PROJECT NO. PW11-07 THIS AGREEMENT is made and effective as of October 25, 2011, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Great Western Park and Playground, Inc, a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on October 25, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than March 31, 2012, unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed on or before March 31, 2012. Contractor shall not commence the Work until such time as directed in writing by the City. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the scope of work, payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Thirty -Six Thousand Seven Hundred Fifty -Five Dollars and Sixty - Four Cents ($136,755.64) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The General Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by the Board. Any additional work in excess of this amount shall be approved by the Board. 1 c. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERFORMANCE Contractor shall at all time faithfully, competently and to the best of his or her ability, experience and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CIN APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. 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 by this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 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 him or by any subcontractor under him, in violation of the provisions of the Agreement. 2 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Redevelopment Agency of the City of Temecula, its officers, officials, employees, and volunteers (hereinafter "indemnified parties") from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the indemnified parties may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the indemnified parties. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. 3 a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The indemnified parties are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the indemnified parties. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the indemnified parties. Any insurance or self- insured maintained by the indemnified parties shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the indemnified parties. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or 4 notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. PERFORMANCE AND LABOR MATERIAL BONDS Prior to the commencement of the Work, Contractor shall provide the City with a Labor and Materials Bond in form of Exhibit C, Labor and Materials Bond, and a Performance Bond in the form of Exhibit C, Performance Bond, each bond in the amount of the cost of the Work as described in Paragraph 3. Exhibits C and D are attached hereto and incorporated herein by this reference as though set forth in full. 13. TIME OF THE ESSENCE Time is of the essence in this Agreement. 14. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 5 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work 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. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. INSPECTION 6 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. Inspection of the work shall not relieve the Consultant of the obligation to fulfill all obligations under this Agreement. 22. 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. 23. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. City of Temecula Attn: TCSD General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: TCSD General Manager 41000 Main Street Temecula, CA 92590 To Consultant: 24. ASSIGNMENT Great Western Park and Playground, Inc. Attn: Chase Nielson, Project Manager P.O. Box 97 Wellsville, UT, 84339 800-453-2735 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 25. LICENSES 7 At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Ag ree me nt. 26. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 27. 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 Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 28. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 29. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The TCSD PRESIDENT is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Great Western Park and Playground, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: JEFF COMERCHERO, TCSD Steve Kyriopolous, Vice President PRESIDENT ATTEST: By: By: Susan W. Jones, MMC, City Kristine Jenkins, Chief Operating Officer Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR ■ Great Western Park and Playground Chase Nielsen P.O. Box 97 Wellsville, UT 800-453-2735 435-245-5057 FAX chase@gwpark.com 9 FSM Initials: D p Q Date: EXHIBIT "A" SCOPE OF WORK The Work is described in the "Plans and Specifications for the Temecula Community Recreation Center Water Slide Renovation," dated February 8, 2011 by Aquatic Design Group, 2226 Faraday Ave., Carlsbad, CA 92008, attached hereto and incorporated herein by this reference. 10 EXHIBIT "B" PAYMENT RATES AND SCHEDULE Quantity Part # Description Unit Price Amount 1 1 SLIDE PUMP/OTHER INSTALL GT -H20 By AquaBlue - Fiberglass Waterslide System GT -H20 By AquaBlue - Pump & Other Equipment Items GT -H20 By AquaBlue - Installation & Demolition (Excludes Footings) INSTALL GT -H20 By AquaBlue - Add for Footings I INSTALL GT -H20 By AquaBlue - Prevailing Wage Add - Install $75,947.98 $12,296.28 $15,831.91 $75,947.98 $12,296.28 $15,831.91 $11,764.80 $11,764.80 $2,061.94 $2,061.94 1 BOND GT -H20 By AquaBlue - Payment and $2,055.00 $2,055.00 Performance Bond Freight based on ship to zip 92590 (Temecula, CA). 11 SubTotal: $119,957.91 Tax: $6,838.93 Freight: $9,958.80 Total Amount: $136,755.64 EXHIBIT "C" CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS BOND NO. LABOR AND MATERIALS BOND FOR WATERSLIDE REPLACEMENT AT THE COMMUNITY RECREATION CENTER (CRC) POOL PROJECT NO. PW11-07 KNOW ALL PERSONS BY THESE PRESENTS THAT: WHEREAS, the City of Temecula, State of California, entered into a contract on this 25th day of October, 2011, hereinafter called "Contract," with: Great Western Park and Playground, Inc. P.O. Box 97 Wellsville, UT, 84339 Hereinafter called "Principal," for the work described as follows: WATERSLIDE REPLACEMENT AT THE COMMUNITY RECREATION CENTER (CRC) POOL, PROJECT NO. PW11-07, hereinafter called "Contract," and WHEREAS, said Principal is required by the provisions of Sections 3247-3252 of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned Principal, as Principal, and , duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Contract and referred to in Title 15 of the Civil Code, in the penal sum of One Hundred Thirty -Six Thousand Seven Hundred Fifty -Five Dollars and Sixty -Four Cents ($136,755.64), lawful money of the United States, said sum being not less than one hundred (100%) of the estimated amount payable by the said City of Temecula under the terms of the Contract, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, or its heirs, executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for, or about the performance of the work under the Contract to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Chapter 7 of Title 5 of Part 4 of Division 3 of the Civil Code, and provided that the claimant shall have compiled with the 12 provisions of said Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 2011. (Seal) SURETY By: PRINCIPAL By: (Name) (Name) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney (Title) By: (Name) (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures 13 EXHIBIT "D" CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS BOND NO. PERFORMANCE BOND FOR WATERSLIDE REPLACEMENT AT THE COMMUNITY RECREATION CENTER (CRC) POOL PROJECT NO. PW11-07 KNOW ALL PERSONS BY THESE PRESENTS THAT: WHEREAS, the City of Temecula, State of California, entered into a contract on this 25th day of October, 2011, hereinafter called "Contract," with: Great Western Park and Playground, Inc. P.O. Box 97 Wellsville, UT, 84339 Hereinafter called "Principal," for the work described as follows: WATERSLIDE REPLACEMENT AT THE COMMUNITY RECREATION CENTER (CRC) POOL, PROJECT NO. PW11-07, and WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, WE, the Principal, and , duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of Temecula in the penal sum of One Hundred Thirty -Six Thousand Seven Hundred Fifty -Five Dollars and Sixty -Four Cents ($136,755.64), lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract, and in any alteration thereof made as therein provided, on its part to be kept and performed, at the time and in the mariner therein specified, in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' 14 fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 2011. (Seal) SURETY PRINCIPAL By: By: (Name) (Name) (Title) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: (Name) (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures 15 EXHIBIT "A" 1 of 5 WI'R, ' a a u c, teVL a. i 47' E Jo p a 1%a° i�d 1 arr } H C g $ «q ,}P 'A 2, %' ow - b 1 '1i w ,} i 9 1 4 Z. -I D COVER SHEET 0. a V. ••-mm•-..•iv, son "IRI,) I �� pe- AQUATIC rnvGRuUP ra 76G. 3a5IW Fax 76UA)BSLSI eu� TEMECULA COMMUNITY RECREATIONOCENTER WATER SLIDE RENOVATION ,w.rDESIGN ac 30875MECRANCHO VISTA ROAD TEMECULA, CALD'ORMA 92592 SLIDE ` igg 141 < IP11 A RF 1, AR 1 PROJECT DESCRIPTION/DATA 1 Tiii? 'RR''A fig m 71 CO 1 i d o>. 0,11 COVER SHEET 0. a V. ••-mm•-..•iv, son "IRI,) I �� pe- AQUATIC rnvGRuUP ra 76G. 3a5IW Fax 76UA)BSLSI eu� TEMECULA COMMUNITY RECREATIONOCENTER WATER SLIDE RENOVATION ,w.rDESIGN ac 30875MECRANCHO VISTA ROAD TEMECULA, CALD'ORMA 92592 EXHIBIT "A" (2 of 5) y 0 N r O r y 2 r r i • CO_ E € fE nrna EXISTING SLIDE DEMOLITION PLAN en urew •—• •_„.,,,,,,••.. •••W=• I, ftti 0 l , ••` AQUATIC DESIGN GROUP in eco 38803 ra.7O 33383 _/I y ".o TEMECULA COMMUNITY RECREATION CENTER WATER SLIDE RENOVATION awo-_ M AAA. 30875 RANCHO VISTA ROAD TEMECULA, CALIFORNIA 92592 EXHIBIT "A" (3 of 5) CO • w R A NE crcv. NEW SLIDE PIPING PLAN br epheeee e$1 yet, MT Le, ., Fer AQUATIC DESIGN GROUP y rmnewnw.ue .. .. ranensi y'.r.r TEMECULA COMMUNITY RECREATION CENTER WATER SLIDE RENOVATION '�O ,�' ,...e 300)5 RANCHO VISTA ROAD TEMECULA, CALWORNIA 92592 EXHIBIT "A" (4 of 5) ‘ci) SLIDE DETAILS <we T fr K1) BOND BEAM AT SLIDE '+'•^> n, DETAILS w S ,_,.....r. v °q(�'I � � y \q\�f`/V>" /' AQUATIC 'D',EraSoIvG ROUP ewNu GROUP .vw sa P r8 ry 30875 RANCHO VISTA ROAD TEMECULA,i CALIFORNIA 92592 gQ m+ zz. 5d �" RE nri S GR $ �� !'': 3 n 0umm o (*In Iasi * , irtrio) g '1\ 11111111111111111 //�, C ➢ ' sit: SLIDE EMERGENCY SHUT-OFF SWITCH f� $ � �&r A Qg 5� 55 %�a S�y R • q4 dp5 Agl p =gapd s i A'S.L4 -7I 6 \ v! _ rI alrte 7. Ir 'W �_� -�e8`s 4 y k5 A d sai • v R wmy, R !V=® —_ rte____. n e s- a C3) PUMP ANCHORAGE ..ALE y kr n r R. R RFdr og C •�� COt T fr vv.?: n, DETAILS w xva ,_,.....r. • rr. °q(�'I � � y \q\�f`/V>" /' AQUATIC 'D',EraSoIvG ROUP ewNu GROUP .vw sa TEre MECULA COMMUNITY RECREATION CENTER WATER SLIDE RENOVATION r8 ry 30875 RANCHO VISTA ROAD TEMECULA,i CALIFORNIA 92592 EXHIBIT "A" (5 of 5) 0 0 0 0 r m Z 0 r C a§ EXISTING POOL MECHANICAL ROOM PLAN ,,,.,,,,v.v.. ' II - V •^ ' - AQUATIC DESIGN GROUP 11e vw.oaww ru rmnazui ur�bv TEMECULA COMMUNITY RECREATION CENTER�(5I WATER SLIDE RENOVATION vc ........ ..�. 80875 RANCHO VISTA ROAD TEMECULA. CALIFORNIA 92592 CITY OF 7EMECULA WATER SLIDE REPLACEMENT AT THE COMMUNITY RECREATION CENTER (CRC) POOL Parks and Recreation Project Project Description: Design, construct, and install a new water slide at the CRC Pool, including removal of the existing water slide. Benefit: The project will provide a new slide that meets safety guidelines and regulations. Project Status: This project has not yet started. Department: Temecula Community Services—Account No. 210.190.156 Priority: Project Cost: Actuals to Date P 2011-12 2012-13 2013-14 2014-15 2015-16 Future Years Total Project Cost Administration $ 3,000 ' $ 3,000 Construction $131,000 $ 131,000 Construction Engineering $ 6,000 $ 6,000 Design $ 10,000 $ 10,000 Totals $ - $150,000 $ - $ - $ - $ - $ - $ 150,000 Source of Funds: Actuals to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Future Years Total y Project Cost $ 150,000 $ 150,000 DIF (Park & Rec) Total Funding: $150,000 $150,000 $ $ $ Future Operation & Maintenance Costs: 2011-12 2012-13 2013-14 2014-15 2015-16 $ 2,500 $ 2,550 $ 2,601 $ 2,706 $ 2,653 149 PROJECT LOCATION WATERSLIDE REPLACEMENT AT THE COMMUNITY RECREATION CENTER (CRC) POOL - PROJECT NUMBER PW11-07 Item No. 15 Approvals City Attorney Director of Finance City Manager fffier- /-A,P OuL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: October 25, 2011 SUBJECT: Acceptance of Improvements and Notice of Completion for the Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings, Project No. PW06-05 PREPARED BY: Greg Butler, Director of Public Works/City Engineer David McBride, Senior Engineer— CIP William Becerra, Associate Engineer — CI P RECOMMENDATION: That the Board of Directors: 1. Accept the construction of the Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings, Project No. PW06-05, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; and 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On March 23, 2010, the Board of Directors awarded a construction contract for the subject project to Caltec Corporation in the amount of $520,950.00 and gave the General Manager authority to approve change orders up to 25% of the contract or $130,237.50. On May 10, 2011, the Board of Directors approval increased the contingency amount by $47,658.21 to resolve disputed charges and address unforeseen conditions encountered during construction. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one (1) year from October 28, 2010, the date the City obtained "beneficial use" of the project improvements. The retention for this project has been released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings is a Capital Improvement Program project and is funded through a Community Development Block Grant, Development Impact Fees and Quimby. The original construction contract was $520,950; contract change orders increased the contract by $177,895.71 for a total construction cost of $698,845.71. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41040 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Caltec Corp., 8732 Westminster Blvd., Suite #2, Westminster, CA 92683 to perform the following work of improvement: TEMECULA COMMUNITY CENTER EXPANSION — PHASE 2 RENOVATION OF HISTORICAL BUILDINGS, PROJECT NO. PW06-05 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on October 25, 2011. That upon said contract SureTec Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: TEMECULA COMMUNITY CENTER EXPANSION — PHASE 2 RENOVATION OF HISTORICAL BUILDINGS, PROJECT NO. PW06-05 6. The location of said property is: 28916 and 28922 Pujol Street, Temecula, California 92592. Dated at Temecula, California, this 25th day of October, 2011. City of Temecula Susan W. Jones MMC, City Clerk C: \Program Files \Ileevia.Com\Document Converter \ temp \ 1020254.docx STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ss ) I, Susan W. Jones M MC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 25" day of October, 2011. City of Temecula Susan W. Jones MMC, City Clerk C: \Program Files \Ileevia.Com\Document Converter \ temp \ 1020254.docx Bond No. 4374478M Premium included on Performance Bond CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT TEMECULA COMMUNITY SERVICES DISTRICT MAINTENANCE BOND PROJECT NO. PW06-05 TEMECULA COMMUNITY CENTER EXPANSION - PHASE 2 RENOVATION OF HISTORICAL BUILDINGS KNOW ALL PERSONS BY THESE PRESENT THAT: Caltec Corp., 8732 Westminster Blvd., Suite #2, Westminster, CA 92683 NAME AND ADDRESS CONTRACTOR'S a Corporation , hereinafter called Principal, and (fill in whether a Corporation, Partnership or individual) SureTec Insurance Company, 3033 5th Avenue, Suite 300, San Diego, CA 92103 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of Sixty Nine Thousand Eight Hundred Eighty Four DOLLARS and Fifty Seven CENTS ($ 69, 884.57 ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 23rd day of March , 2010, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW06- 05, TEMECULA COMMUNITY CENTER EXPANSION - RENOVATION OF HISTORICAL BUILDINGS. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and the final estimate was approved on , 2010. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. MAINTENANCE BOND M-1 As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this filth day of April , 20 11. (Seal) SURETY PRINCIPAL SureTec Insurance Company Caltec Corp. By: Dwight Reilly (Name) Attorney -In -Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: I/ // • f a e' (Title) 1844-4;Cec 0747 By: (Name) (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures MAINTENANCE BOND M-2 State of California County of Orange On April llth, 2011 ACKNOWLEDGMENT before me, Allison Ritto, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(g) whose namer's) is/ ex subscribed to the within instrument and acknowledged to me that he/ttvey executed the same in hisMerTheirauthorized capacity(i , and that by hisitlezOtteic signature() on the instrument the personM, or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. z z Signature (Seal) ) Allison Ritto ALLISON RITTO Commission # 1824932 Notary Public - California Orange County My Comm. Expires Dec 23, 2012 POA #: 510023 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas. does by these presents make, constitute and appoint Arturo Ayala, Ralph Eidem Jr., Daniel Huckabay, Dwight Reilly its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/2012 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. yVANC� W i Nqi.440.. /1c,rz State of Texas ss. 0\ z .r, County of Harris SURETEC INSU By: ECS. PANY John resident On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company: that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. .ssg" ?:'• JACQUELYN MALDONADO %:^'_ Notary Public, State of Texas My Commission Expires May 18, 2013 {AN,Vr'C�W� do ado, Notary ex ' s May acgjtely al Public 18, 4y comm Sion2013 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 11 thday of April 2011 , A.D. M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT TEMECULA COMMUNITY SERVICES DISTRICT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW06-05 TEMECULA COMMUNITY CENTER EXPANSION - PHASE 2 RENOVATION OF HISTORICAL BUILDINGS This is to certify that V Ii-reC CO (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/i has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW06-05, TEMECULA COMMUNITY CENTER EXPANSION - PHASE 2 RENOVATION OF HISTORICAL BUILDINGS, situated in the City of Temecula, State of California, more particularly described as follows: 2 i2 /2 /� MA.T0) 5/:17&m. 1a ( 0 q Z INSERT ADDRESS OR DESCRIBE LOCATION OF WORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute 0.00 Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: 5 / p l L By: RELEASE R-1 CONTRACTOR • Print Name and Item No. 16 Approvals City Attorney Director of Finance City Manager fffier- /-A,P OuL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: October 25, 2011 SUBJECT: Proposed Public Art Donation for the Old Town Temecula Community Theater RECOMMENDATION: That the Board of Directors approve the donation of a public art piece by artist Jorge Marin for installation in the courtyard of the Old Town Temecula Community Theater in honor of Bruce Beers, our City's first Theater Manager. BACKGROUND: Upon the untimely passing of the City's first Theater Manager Bruce Beers, Bruce's widow approached the City with a request to donate a bronze statue to be placed in the theater courtyard in memory of Bruce and his love for the theater and the arts. The statue entitled "Balanza Espejo" was one of Bruce's favorites and speaks to Bruce's passion and love for dance. The price for this art piece is approximately $19,000. Susan McLaughlin, Bruce's widow, is currently leading a fund raising campaign to generate all funds necessary to purchase the artwork and ship it to the theater. Several donations have been received to date and several others are anticipated. The art piece is approximately 7' in height and would be placed on a 3 to 4 foot pedestal, and is approximately 40" inches in width. The art piece depicts two dancers balanced on a curved bronze beam. The art piece would be an excellent addition to the courtyard at the theater and it ties in very well with the existing dance figurines that pose along the fence line as you enter the theater courtyard from the parking lot. There are three locations in the courtyard in which the art piece could be permanently installed for public viewing. The first being adjacent to the fence line and donor wall, the second would be the center of the easterly courtyard area, and the third location would be centered in the westerly courtyard area in front of the bronze dance figures which currently line the westerly courtyard fence. Any of these locations would require site preparation for the bronze art piece. Staff would like to make the final decision on the exact location of the art piece once it has been shipped to Temecula. This would give us a better visual on what would be the appropriate location. The installation of this art fulfills the goals identified in our Cultural Arts Master Plan and will complement our public art in the Old Town area. The installation of this art was approved by the Community Services Commission at their October 10, 2011 Commission meeting. FISCAL IMPACT: The pedestal for the art piece, a bronze plaque in recognition of Bruce and the site prep are estimated at $12,000. These funds would be paid for by the TCSD's Cultural Arts operating budget. ATTACHMENTS: Photograph of art piece Page 1 of 1 http://www.meyereastgallery.comiartwork/6610.jpg 09/27/2011 TCSD DEPARTMENTAL REPORT Item No. 17 Approvals City Attorney Director of Finance City Manager fffier- /14g OuL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: October' 25, 2011 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant A conceptual design for the Old Town Gymnasium project was completed and approved by the Community Services Commission and City Council. The new gymnasium project will include the construction of a regulation size basketball court, restroom facilities, seating for spectators and an office. The project is currently in design development. "Art at the Merc" continues to provide local artists with an opportunity to display their art work. On Friday, October 7, 2011, an artist reception was held for Textile and Fiber Arts. The artwork will be on display in the Gallery at the Merc and the Public Library through October. The Community Services Department has prepared a draft of two Joint Use Agreements for use of Tennis Courts at Erle Stanley Gardner Middle School and Great Oak High School. These agreements are currently being reviewed by the Temecula Valley Unified School District. Once the agreements have been finalized, they will be forwarded for approval by the Community Services Commission and the Board of Directors. The Annual College Fair was held September 24, 2011 at the Promenade Mall. This annual event offered local students an opportunity to meet and discuss college and vocational school programs from over 120 colleges, military organizations, and trade schools. A catered reception was held at the conclusion of the event for participating organizations. The event was a success. The Friends of the History Musuem (Temecula Valley Inc.) and the Friends of the Library were both recipients of a grant from the Roripaugh Family Trust. Approximately $4000 was awarded to the Temecula Valley Inc., and approximately $10,000 was awarded to Friends of the Library, to help both of these groups continue their support of programs offered at these facilities. The Cultural Arts Division is proud to offer the 2011-2012 Season of Temecula Presents. The season calendar offers many opportunities for cultural experiences in the Theater Arts including dance, classical, blues, etc. The Community Services Department released an RFQ to select an Artist for the design, fabrication and installation of public art in Old Town Temecula. The art is envisioned to be installed on 3`d Street just west of Front Street and provide a wonderful art focal point in the Old Town area. Qualifications were due no later than September 27th. Staff will review the submittals and select 3 or 4 artists to participate in an interview process. The project is funded in the Capital Improvement Program. On Friday, October 14, 2011 the Community Services Department hosted "Dance Fusion", a dance for middle school youth. The program was held at the Community Recreation Center from 6:OOpm to 9:OOpm. The dance was a wonderful success attended by over 100 young people who danced to the sounds of a local up and coming DJ. On Saturday, October 15, 2011 the Community Services Department hosted their first Annual Pumpkin Plunge at the CRC pool for families, and included a session for the special needs. The program involves pumpkins being tossed into the swimming pool and youngsters or families plunging into the pool and swimming to grab the floating pumpkin of their choice. The program included games, arts and crafts for the families to enjoy. On Saturday, October 22, 2011 the Community Services Department will host, in conjunction with the City of Murrieta, will host its annual Rocktober Music and Performance festival. The program is for youth between the ages of 14 to 20, and hosts a variety of performances including approximately bands, dance groups, acoustic guitar performers and individual singers. The program will run between 11:OOam and 7:OOpm at the Community Recreation Center. The Old Town Temecula Community Theater celebrated its 6th anniversary on October 4, 2011. The theater continues to be a huge success and has registered over 30,000 volunteer hours. The Maintenance Division treated the restroom and wedding chapel at Sam Hicks Monument Park for termites. All repairs have been completed and the facility is operational. In addition, the Maintenance Division completed athletic field renovations which included sod, fertilizer, seeding, gypsum application at several athletic fields. The TCSD Maintenance Division plays an integral role in assisting with the many citywide special events held each month. In addition, the Maintenance Division continues to oversee the maintenance and rehabilitation of all City parks and facilities. REDEVELOPMENT AGENCY Item No. 18 ACTION MINUTES of OCTOBER 11, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:23 P.M. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar RDA PUBLIC COMMENTS Bret Kelley addressed the Agency Members. RDA CONSENT CALENDAR 16 Action Minutes - Approved Staff Recommendation (4-0-1) Agency Member Washington made the motion; it was seconded by Agency Member Comerchero and electronic vote reflected approval with the exception of Agency Member Edwards RECOMMENDATION: 16.1 Approve the action minutes of September 27, 2011. 17 Amendment of 2011-12 Affordable Housing (165), Redevelopment Fund (280), and RDA Debt Service (380) Budgets - Approved Staff Recommendation (4-0-1) Agency Member Washington made the motion; it was seconded by Agency Member Comerchero and electronic vote reflected approval with the exception of Agency Member Edwards who was absent RECOMMENDATION: 17.1 Reduce the fiscal year 2011-12 Redevelopment Fund (280) Annual Operating Budget appropriations by $518,000; 17.2 Increase the fiscal year 2011-12 Affordable Housing Fund (165) Annual Operating Budget appropriations by $4,130,560; 17.3 Approve a reduction of $363,402 in the RDA Debt Service Fund (380) which includes a reduction in the appropriation for Operating Transfers Out of $761,690 and an offsetting $761,690 decrease for Operating Transfers In to the Redevelopment Fund (280). RDA Action Minutes1101111 1 18 Approve a Transfer Agreement pursuant to Health and Safety Code Section 34194.2 providing for the transfer of funds from the Agency to the City of Temecula for the City's payment of the annual remittances to the State under the Alternative Voluntary Redevelopment Program - Approved Staff Recommendation (4-0-1) Agency Member Washington made the motion; it was seconded by Agency Member Comerchero and electronic vote reflected approval with the exception of Agency Member Edwards who was absent RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. RDA 11-11 A RESOLUTION OF REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF A TRANSFER AGREEMENT PURSUANT TO HEALTH AND SAFETY CODE SECTION 34194.2 AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 18.2 That the Agency authorize the transfer of tax increment funds to the City for reimbursement of the January 15, 2012 Alternative Voluntary Redevelopment Program payment. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:24 P.M., the Redevelopment Agency meeting was formally adjourned to Tuesday, October 25, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chair Person ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] RDA Action Minutes1101111 2 RDA DEPARTMENTAL REPORT Item No. 19 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: October 25, 2011 SUBJECT: Redevelopment Department September Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT Town Square Market Place - As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office space surrounding the Town Square along the reconfigured Main Street. The Agency issued a Request for Interest to select a preferred development partner. On August 26, 2008, the City Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties to develop the project. Pelican has participated in several meetings with Old Town stakeholders and adjacent property owners. They have worked closely with Staff on site planning issues. On January 22, 2009 the Executive Director granted a three-month extension to the Exclusive Negotiating Agreement which expires on May 26, 2009. Due to the state of the economy Staff recommended the Agency extend the ENA an additional six months. On May 26, 2009 Agency Board approved a six (6) month extension to the ENA. Agency Staff met with the Agency sub- committee in February 2010 and received direction to take an extension of one year with the possibility of an additional one year administrative extension which the Agency approved on March 9, 2010. Due to Pelican Property's lack of progress on the project the Agency allowed the ENA to expire in February. Agency staff anticipates going out with a new solicitation of interest in an attempt to identify a preferred developer in which to enter into a ground lease for the future development of the Town Square Marketplace. Facade Improvement Program - The Facade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. On June 15, 2011, the City Council approved funding in the amount of $40,000 for FY 2011-2012. However, as of July 1, 2011, this program is currently frozen due to legislation passed by the State of California. This program will remain frozen until staff receives more information regarding the legislation. HOUSING 3rd and Front Street Development - On February 22, 2011 the Agency board approved the Owner Participation Agreement between the Agency and Front Street Plaza Partners Inc for the development of a 25 -unit affordable housing development at the southwest corner of Old Town Front Street and 3rd Street. Of the 25 units in the proposed development, 23 will be restricted at affordable rents for 55 years. The remaining 2 units will be rented at market rate rents. The development itself is to include restaurant space on the ground floor with office and residential space on floors two through four. Plans call for a gated garage that would provide a total of 25 parking spaces, or one space per residential unit. Agency funding for this development will come at the completion of the project. The developer is currently working to secure construction financing. AMCAL Puiol Apartments - On February 22, 2011 the Agency board approved the Owner Participation and Grant Agreement between the Agency and AMCAL Pujol Fund L.P. for the development of a 45 -unit affordable housing development on the west side of Pujol Street between Main Street and First Street. The plans call for the development of 45 affordable units on 1.5 acres. The site will include a parking garage with two designated spots per residential unit. The units themselves will consist of a mix of two and three bedroom units. Additionally the site will include a pool and community room. The Developer closed escrow on a portion of the property and received entitlements for the project at the Planning Commission Meeting on August 3, 2011. The developer submitted their Tax Credit Application in September. The Developer plans to close eon the balance of the property by the end of November. First Time Homebuyers Program - This down payment assistance program allows qualifying households to purchase homes in the $200,000-$300,000 price range. On June 15, 2011, the City Council approved funding in the amount of $750,000 for FY 2011-2012. However, as of July 1, 2011, this program is currently frozen due to legislation passed by the State of California. This program will remain frozen until staff receives more information regarding the legislation. Summerhouse - The developer has completed phase one of the project which includes 20 low income residential units. The developer has recently applied for tax credits but was unsuccessful in acquiring an allocation. Staff and the Developer are currently discussing the most appropriate course of action to move forward with the next phase of the project which includes the construction of an additional 60 units. Residential Improvement Program - The Residential Improvement Program (RIP) provides funding assistance to low and moderate income level homeowners to do exterior improvements to their home and property. On June 15, 2011, the City Council approved funding in the amount of $400,000 for FY 2011-2012. However, as of July 1, 2011, this program is currently frozen due to legislation passed by the State of California. This program will remain frozen until staff receives more information regarding the legislation. Supportive Housing/Services - The Agency, in collaboration with the Temecula Housing Authority, intends to continue to serve the needs of the low and moderate income households and individuals by continuing to construct affordable housing units within the City. In addition to its efforts to construct new units, the Agency also intends to provide Supportive Services to assist moderate, low, very low and extremely income households and individuals within the community. Supportive Services will include, providing housing, food, clothing, counseling, health care and day care services, among other services, to assist these families and individuals. In order to achieve this, a number of specific action steps have been identified to meet the needs of these populations. The recommended action steps were approved by City Council on May 10, 2011. COUNCIL BUSINESS Item No. 20 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: October 25, 2011 SUBJECT: Quality of Life Master Plan / Temecula 2030 PREPARED BY: Tamra Irwin, Senior Management Analyst RECOMMENDATION: That the City Council approve, in substantial form, the Quality of Life Master Plan / Temecula 2030. BACKGROUND: The City of Temecula embarked in a process called the Quality of Life/Temecula 2030 Master Plan that will be used as a road map and planning tool for the next eighteen years. This plan defines the City's long-term goals in a variety of areas, including but not limited to sustainability of quality of life, continual maintenance of public infrastructure, public safety, higher education, business retention and attraction, economic development and fiscal stability. Through this process, the City has obtained the community's vision about where the City should be headed in order to maintain the great quality of life enjoyed by our citizens. Mayor Roberts and Mayor Pro Tem Washington were appointed to serve on the Quality of Life/Temecula 2030 Master Plan Subcommittee in May 2009 and have led this project effort. The City of Temecula contracted with Applied Development Economics (ADE) in June 2009 for the Quality of Life Master Plan: Temecula 2030. ADE has worked diligently with the Blue Ribbon Committee members and partners, community, local leaders and stakeholders, and staff to draft the Quality of Life Master Plan. In February 2010, the Subcommittee recommended to the City Council that a Blue Ribbon Committee consist of 16-19 members, be representative of the community. Blue Ribbon Committee Members were selected to be representative of the community with specific demographics and perspectives such as a senior citizen, high school student, faith -based organization, higher education, Temecula Valley Unified School District professional (K-12), medical distribution, medical / manufacturing / life science, healthcare, historical, tourism / hospitality, Economic Development professional, and a retail professional. There were also a number of community partners, such as the Chamber of Commerce and Economic Development Corporation, who also participated in this process. Also, as part of the community input process, several community meetings were held to obtain feedback on goals and Temecula's future. Three community meetings were held throughout the City in order to get public feedback on Temecula. Based on this input, the Quality of Life Master Plan contains six (6) Core Values which are Healthy & Livable City, Economic Prosperity, A Safe & Prepared Community, A Sustainable City, Transportation Mobility & Connectivity, and Accountable & Responsive City Government. The QLMP also includes an Executive Summary, Setting the Stage, an Implementation Timeline, Community Workshop section, Citizen Opinion Survey results, and a matrix in each chapter with indicators to ensure that the City will be able to track its progress. ADE will provide a detailed presentation on the Quality of Life Master Plan. It is recommended that the City Council consider adopting the Quality of Life Master Plan, in substantial form. The QLMP will be available on the Internet once it has been approved and adopted. It will be able to be accessed at www.CitvofTemecula.org. FISCAL IMPACT: There is no fiscal impact with this action. However, the Quality of Life Master Plan and its implementation will have an effect upon the City's Operating and Capital Improvement Project budgets in the coming years. ATTACHMENTS: Quality of Life Master Plan DRAFT: OCTOBER m r\ ;yl (0 () '4- - -J (0 CY LL� L) tat LLI LL. La • a While protecting and preserving our vast natural beauty, honoring our historic past, and enhancing our community, educational and cultural life, the residents of Temecula envision a dynamic community in 2030, that will become a vibrant, modern City with a small town atmosphere. APPLIED DEVELOPMENT CONTENTS PREPARED FOR THE CITY OF TEMECULA BY: ECONOMICS 100 Pringle Ave. Suite 560, Walnut Creek, CA 94596 • 925.934.8712 1 2150 River Plaza Drive, Suite 168, Sacramento, CA 95833 • 916,923.1562 wv✓w.adeusa.com Temecula City Council Special Thanks & Acknowledgement 00 Chuck Washington Jeff Comerchero \ [ £ Michael S. Naggar /0 0 co Blue Ribbon Committee \ & ) £ k ) Table of Contents Executive Summary TIMELINE: Citizen's 20 -Year Priorities 01 0 { ( 03 0= (k ¢ § Healthy & Livable City k k 7 A Safe & Prepared Community A Sustainable City Transportation Mobility & Connectivity CC CC CC CC CC 0 0 0 0 0 2 2 u. ector, EDC of SW Riverside County 0 £� ) eoE 0) » _ f . / \ TO ro E ) \ \ j \ \ to \ �\ La 5 g } in § r = <L. Cil ! 2 §e co §3 2 > 0. - a -£ #}2 iL km k \ ), fi �k )�¢ 4; ®k` — r a§ s -mm ) 7§e 7 2=� -\k kf e 5. \ @\ ,gff ®® a@ $\ /k) la }} \/ k\ k\7 /} fk k/� \j ƒ\}% ] co2 0cc7 e« 3a sae ,a '1' A., ,i5 m& 2�z IBJ QLMP Community Workshops sr Temecu a 2031 The Six Core Values Alewwns anion x3 £ 0 c .F o • c S o c U H ll!Hi v v $ o 2 1141 t • V d C •O+ d O Cy C C O d d �j Tp C -5 'A c' Y ro d f„i v d H N to a+ '—° „., 9.:' c A d 5 0$ N E d u N TE XtJ L' , r Sg .. d a W. a~9d • rn oAto mE a 3 °' ° c 'F H ov a d at m . ea c 2., -ti v `c�, �O cma d v vm c aL`c V 1 u „° A •S ca y BN d :t E E A. a o c ‘. " d . CEcc�mvEo E o ' .i d$ day ad o. mi c v o com—do d >a� d& 3 ° m _ m d co �' 4 w :.2:� o o a € c to s so '� p1 v v u I o ,',_ Io • a .o 5. 1 r t '� • c •,!^: '° o- w.w ra A g z n 3 0 '0 c 0 c rn d o, E o 4 v 'rn 0.‘" 'O ,G 12 3 �, C of = W Q r Q Q g 0 9 aro' d `O al wi .< L. 0 Io -6- >' 0% d 5 0 t `° o d d 'S 6 d E .V lc d 0, 3 +~ 4 Executive Summary V a•c ng --a. d wA o = cE c •p GcG ooa' o 4 S5 0 a v o E 0 .o vg c• °Au E N o$ . Lo c .0 0 E cn •cv=oc=� g. KmJocm 3 0, 01 `sFm d Eco o . FE : o o•c$ a tv in E ro€b co av VW na 1 Ed Z E n O O o c c E d :ff 4' d. _Sc.. '03 ...-0o 3o o 2Asmg,. in 2c—`dCv c d�o rc N Ed yGc o a g ° caE Ea o G , g TO cu a, d_Yt cc Hv P N v .ny T di E :oN o- aE n ,2 ,a 2dEri> > 1OBVC _e EG•�z d' { c jc ` o o. a g '5 ' CO p, .3 o •c d cnvdpt CV Gc C co /0 dvG L. N Gct CY 2 to 0d N gONyp V �T. Ol ,8 i_• —0O CAdj>c'OC'0Cn a. vyN d VG L� ro ' I E dr V C G _8_ .V TO "' w cv %n aV �o O roC V. '.c - S 3�cd 3• a, m CO C 03 vi C 3 - O ..1 " CCO5 •sdy^ dc v ,0 NW ` as C dd O' = c CO LwN'Ev'4it :0 >> iE IF C L=' Cc O O tA C ,0 ro c d p y 01 e°V. vHE'S0, = cc • CI C v 'yC cd� Z '° rn cd qpm'n .5 c,..,„ 6_ o Y_•A a 01C�`c `0du$ EN dY, as a' c$ Y $ 4 C . 6" 0) y'y roo.3 pdvg 3d o 2 3 avAvSQo ca, cE � A d.�=ccrn- mc 'dcto t,o.cicc � NcC ca ...„„ cs, b vs vsA S'cgc g p m d W'Co Ifo E S. La_ dy11VE•C 0bd _ d ro i ro L4 WZ, d e 0, t &Ofd IV c. O OO CD -• q d PcO-. .-• 4 O ^0iroo ril in 7 0. d o dC�Gv y -.c b O 4.0 . daE 2 vc ..qcEg. c A To roV3. 2oo,?Fo ENFAEErEo c • Qv d SE c wao �Eco p=ap as o vi d a' v do. .5 E dC0 E ro a,•To i13 Jot • 0, co 2 .2eE $ ai 0- 01 ro N - E wG �'`C ,� Y n a8. el . 3 ', o .E fN 3nrn N2. ga m 1ro lo r°1 Z E t to E c .2 5 i Recommendations • Continuing the policy of maintaining a 20 percent budget reserve for economic uncertainty • Continued payment of the City's bond obligations • Fully funding a comprehensive, long-term Asset Management Plan which will include facilities maintenance, park maintenance, and road maintenance • Enacting an Implementation Plan for the community's 20 -year priorities • Conducting a Citizen Opinion Survey every two years These recommendations, when implemented, will ensure that Temecula remains fiscally strong while protecting its investments in infrastructure that are so critical to maintaining the high quality of life the community currently enjoys. Livability, prosperity, and sustainability—the overall themes of the Temecula 2030 Quality of Life Master Plan—are the foundation for all communities in the 21st century. For Temecula, these themes are reflected and connected in the detailed goals and recommendations contained in each Core Value. Implementation of the QLMP is the beginning of achieving the City's quality of life for the next twenty years. 4 0 d N w JA Z J w LLJ NJV CL Ilh if a * 1 k fii 41 h vV gg, E; b illIs .a$$ p p 0 s l9 Cy -v— Me a if cs2 kg .$ tkii- il gt d� ltgk 5 klo 1 Nil! 4...50k — ft t ��, ac 4o 11 SSET MANA EMENT PLAN IMPLEMENTED N i Quality of life is hard to describe, you have to experience it. Temecula i rJ; our existing assets and continue to maturity. We want to mainta v 4- 4- 0 - 4- O Cr 0 s ro N 4- 0 a6elS a I1 fiuillaS t '4 A i1 SETTING THE STAGE emecula Toda : A Snapshot of Accomp ishment Where We Have Been — Where We Are Going 0 g kig m U • a6eis at 6wuas Z a- a - A L m E ii g 0.P f c v g4 a, Z11E1 2.22 gf. - 13 ] €op ,yam S l N c ,En ').1- _ 3: 1Ot-51r2.§. 4110 g E M .E U A i r.! .i age a IHhI NN v A VC 9�ry � a fl 86cg IH I O R *0 • • • • • • g -§:i g 'E WI Bv -8 g 'p �S d cz u i Ln u'�ficG C' My Z CS .aQ• Od A oE g g t 3 2 gi d _ sr L c a se o y3 £ 8 '^ § = c m & d hwg N �` 8 S2 p' Y14011't pip C S y�yi 7Cq s" Ss _> 9 q O fp •gp� Y=� ZZ ti cri gb m o0,;g4 f OiA 21-5 ,y�J�IJ o • • • • • • • • O. • • • • • • • • • W • • The City is in a new phase.The Quality of Life Master Plan lays out, for the next two decades, what is important and what is the foundation for maintaining our quality of Tide It's understanding what the new Temecula will be all about. - (.hick Washington, Mart Pro rum gm%mns8 •, 2 8 a a • v = 4 i cc S c -3 5" 8` 5 g i o r 5 5 S p G� a _g 5Ir.dgct - m •p G o 8 . 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'g' y1ji 4 g , 1 eig o% 3 E 'S se a E c lg3 A 1.§ g.gc 0ID " 81 3- b_m ,§ O veiO> . 2 ¢6523 , <.52 ¢e To Be: • A family-oriented community with both a small town feeling and urban amenities • One of the safest cities in the U.SA • A City offering a healthy and active lifestyle for all, including seniors and those with special needs • A City surrounded by unscarred natural terrain and bounded by the Escarpment & Wme Country, with pristine air quality • Home to two hospitals providing state-of-the-art medical health care services • A center for higher education, with an enrollment of S00 Ful -time Equivalent students at Cal State University San Marcos —Temecula, regarded as a model for the 21st Century urban campus • Recognized as a major "Destination" by the tourist and travel kulustry • Renowned for its entrepreneurial and creative economy, providing more quaIty jobs doser to home for residents • Facilitating comprehensive social services dekvery system that meets diverse needs across all age groups w 2 1 A go a �3 Xt P2 'SF SIS u og ab : S'EV S 8 n IV ag3 gg 52 M Ern a il o ffl v i o€ .5 343 a � < £ '3 • A City where bcal history is cherished and celebrated ` ƒ / _ ± / / = 5 2 / ; - •` » M 2 \ ( ® \ \ v > \ / 0 ®0 _ D Ca - a — z \ rt.: E 0 = / _ S 0 \ } \ T. / \ v. 0 / •& = % \ 0 / $ 7 CU % ® ' - \ -D * 7n. j 4-0 - # } J. \ 01 - $ - \ = 0 7 I / / Cr 0 P / 5 % / S 0 5 rO T. \ •- \ \ / \ \ t { / (7.. { / — # / a ) 2 D % / \ & \ \ \ / / \ \ \ j \ / j • ti!) al9en!1 Ay��eaH CORE VALUE Healthy & Livable City v 5 r $ % g .r T,VN-Pt g5 a— o a°SQ Z-- 3 a a3 iJ = .o g Q 14 Eg n of life for all residents, including those who emecula's Health & Livae (it Accomp is ment • l €' €g 3 bi i g L. �> is a 8 is q 1 8 118• ET'S' 2i342.24 z. z. . . AI) algeni 1'8 Ry11e41 d N 111 :1 it I 04.8 mi E2 d 341.1 _ , IIs` A. SS' 51iitE !!ii !iw g !ilg!1 gN Ui1h�g' ifl ongi"i> Bit ilsl i 4g1.111.0;41g.A l'Itz5§s 2'8 WIT iq't18 'lid� l• yam, p 4� 5 :gmkgIVIX'q�• ' v y� `g Ob g ka mO al I 7d 7 .i.V# _ � zEv In_D.5 � gE1� 1111411 '5 '. ". Evg 4t &E- �Yd1°A90Es y 1 ';45 2$ 2 %c n4i.e°auIi% Sv 1.-5R1 `.2 g1 41glpa2IIoos.2£2g$iv Vibilig co .� c 2'G_`c£b y 2 2 oic t Li $ m t ornl p c �¢i$ �-° 0 8 'S�FNS �4g v`i'g G a m.2_,F EE . a s z z. ry §..Sg 0. 0 0.0 c w c o c Et b • ll 3 • .E 9 g r,a � M - g ¢ O S • • • z aria . i 'o CR E .8 O V a ryo o g'41;115"11 O Z O . Z e 8 8 N .9•N. t rn •v o e 2 v E a d { 5 c m E E ▪ 61= c g2 Ms 8 n-> Al!) 014en!1 8 4411ea i 0 Resident satisfaction with overall quality of life O to to n coo co 'E-oN W�2' P 9A 2.6.-61"15. c ci='a k_Ssv ;Sia ,, g zE8adzl,255 o9E" aer ggEq EA3fci!AvSi€v E ` Hf ZLElyli$ v • _ Foc AA gil = • ylg oR, 9 e Y p� N ' C= C 2 • sC g E ..1., ., I £ g u n V % 1 E c 1 v l 5 a t '" g_ ' L c z a 4 rn iijiI1Ih Sr' Xi'ccEE> £ c3Vd 5g ...!iR `o , .� V i3 a g ,$ 4, Az,,. a 3 g m r� _€ -. i �{ E g o 'fib N C 0 0 o a � 0 � Gp' O sakse a y C.g g a E N E g 9 C�•€ <9 .2 R .trate•ic Priorities or Temecula 2035 ealth & Livable City Indicators Das boar. j 2 1 0 2 11101 iiiad� g4 o 141]P' lililitY ri .2 5 2r.. ' *2 'R wz• gl AID apeAI1 g AWM g4 ii s a 2". 2 E-8'2 .2 le 2g 3 £ ill .I li 1Jhig E- .E s•2 i _B• • E 0 O a N O ott c -71 ov e V co al at + W YN itlfA 3.61215S 214413 tIlmm f,2 E E E«EphE tiV a i Z xix 3 Y Qgho? c a y aP 0 (7.7 ' o m to N N 2 Or.; m Q 0 e z 0 n ZsC 2 y s Ls 5. kig gill b 5 •F3 5 111"i 12 d C CORE VALUE Economic Prosperity 6wadsoM )IWOUO)3 11 a • 1 a 1 sJ z -x8il ,. ri% UE i . egg Io q i 11, < iii i-1" liiililhiIIl t B � : ibI1JII V1111131:1 € l e H titIV elk qi Hwiii! 1 ihli5t?Hlin •d PHA5 aka E = R �' r k € o M E 5 d.E 2514 sl-E.G 1 4 ` _ . .g �' TO o $ i 7C .g l i 0 F h 2 ° A 5 2▪ 4X Ag !▪ ;1 ag o E $ A lgei Vu ` g, d� 5gliA What Is Economic Pro and Why Is It Importa Ig -g-61; Nr -31 3 g w 8 34 *: .5 • i lip 3r . • s :2. a 8 5 t; t5E15 2 0 8 5 E E q E•5 E g 5 E lH E i d i H v O Nuadsad ).uouo)3 tri -9 igs emecula's Economic Pros.erit Accom is men Aluadsad) WOUO)3 %0 $ Ire iiEa g VI 161 ri €aaa E. 1 IP ii 114 q- 1 g2a:i -tett dipj a n s < §F gra—V-3-1 All 00'4sb t hi -F.11.16. 81 gli 11E5 g Aflfl 111 !ifI :fl it § G E 4 2 G See gng • a `o ?5o , V lir F � � conomic Prosperit In, icators Dashboar, , 1 1 1 MIIMIMSTUIVISES =MN= ae 9 i ousm and Cleve o.men 2 1 At 1 II H i g 8 rc 2 a.. a�axx m b b 5i 'Erg att 1� ��z Ranking is 15% 12°/ increase ::iiMVIMTFM41111VI idt; I O c0 s A safe community is a community that looks out for one another. A safe community is one that takes responsibility for supporting its members and ensuring that each and every person in that community is valued. At the end of the day, a community that strives to keep its area and activities safe for all its members creates a vibrant and caring community that is a pleasant and enjoyable place to live together.' PREPARED CORE VALUE A Sate & Prenared Community Ffi14Ig lifigt 2•o 5 Ig s atqls le E A r' i g & E � � Eigillii 5 .8 P,1§ 41145 0,4; a.gf l 0111 $1gss c:151/ 7 5 r f a 2 E 5 it TIM s= eta! g5 .M s s$8os € - dsgg$ .511 g 6 5 .5 E e315 5. 5 . 5p. L S.g 5 .56 E Et 14122 .. Iilu PAP 5 5 1. 's'5 F §-22 g g t — i o 81111 ET b V E Vi214:1,11 n � 11Z55 -t1= 7EllifIsf l Rs 78= k ril 5"1.5 E emecula's Sa e & Prerared Communit Accomplishment T. 425 2155 Agi5 1 � L ggN s 2 H E s 5 _1€_ 2 5 s 5 2xsil le Et z 1141" jtE3 . s e tE!a € 185 s 5. d 741411 1 ;111)121 '-'5.2 3 5 4 _.2 i8:84114 VE114 2414.=255 £ 5 s a— . p 6 232 WINO" 2. " sto 1114111314 g 5 8 e gg o1 111 z ` o 441 ti og �, 2i4 s 11 K gu 0.1P O O a 0 E E > J 3 E PublkSafety • Accor6ng to the FBI, Temecula Is one of the top 13 safest titles in America (12) as of 2010 • Temecula contracts vdth Riverside County Ice pdiae and fie protection services 11 has higher outcomes than most cities while spend ng dose to 40 percent of its budget on public safety, compared to budget eypendltures of 70 to 80 percent for many other cities • %dent amt rates have deaeased by 12.1 percent per year from 2000 throogn 2008 • 1 officer par 1,000 residents, which is the City's goal g j 11 G t 3 tgif ti 1.8 :gi x gE g 14 ifs 1 2 ME. • d r mo Less then 10 minutes ce Los rei o is Protector x gs� •111 the 2151 .entury will be those that address quality of life The truly su atnablc Citi 41) EL 7 CI1 0 cL O O �L G a N O 0 0 c 0 G -c a. CORE VALUE k1D algeUlelm$ V 1I11DHe 2'1E 12 :40111111 23g712ao 2g£ C q o N E 1;2111 t A Sustainable City 2 " II 11 fig vg *-5,Ng71 A. 811=11 2 rg _� ilt!L1:4 N 044;0., e V` 1; )11111111 11151 10 Pi 1ktl 14 1 2188181 2 t 2 1 What is a Sustainable City and Why Is It Important? 11 11. 2g- 5. 5 221: Iiijii 2$8 i A 8 E §1: 5 nit S 4215 1 laj) amuieisns y 41 11 143 Ara 1 .s +Nort urve 'es.onscs 11 tisfaction vnth ttarh and req acquire and protect open vacs and natural haWdt a WI 21 OA E MI 111111 €q ra" N i x Inn Pin Hi !Ili tiD aIQeuielsn5 v kulate mattet 2.5 and 10 I UM 44 PffilsiMOW NW"' fill[ 3i E 8 ZVELTIMEIRMIMMEMMIEZELECE e s > $0% of city in parks and open spate Preserved Ow Sp 4.S lbs. per person 1 CORE VALUE in N!t!uauuo) 9 N!Rgow uoneuodsueq s .11 agi tp Transportation Mobility & Connectivity ltgs Q$rs Ax tg _Ngo Z` E =1 • CadibWmaintenance of local streets and roads, though a dedicated Investment in an annual pavement management system and Asset Management Plan (AMP) • Traffic Congestion, inducing advanced traffic signal coordnaticn tednologi and completion d missing roadway linkages • Multi -Use Trails and Bkevnys Master Plan targets • WalkafalFryratings • Transit (performance measures to be established in 2012) As seen in king at right, the Chy has made progress in sweial areas. 4n9Uauu0) g k 1! qaw 909euadsueil Rnld.n; oelAut on !dent u!s3a�.on, followed E 3 y5 X i S j PP 1 If 0 3 3 ; g S 1; s5 '811'"11E c 1 o r_ 5 , .1 La -242 "Vall,.54211 IHiIiH x 401011 KIS 45t:..! 11=.1 "1" -gal :ill; -1 41A itt ag 1illitg Aa 04 3[111 frtspg ;411A ur L .9Uauuo) g Appgoyy uogeuodsueil rnnS. 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C L E ai p v o E a) .0 c co o 4t O 'co V V 0=t(0 •• �_" t 4 "C3 TD N N C c 4/ C a C 01 'a) 0O H CO CO .O t ♦L••• 01 a) •� = f0C71 C 0 E rn = 7 CO CO t E :� N`, N cC (771 o on E s co 6a) cu coX) d p' v d on a -i •� O .4 ca c 4113 Yi CO a O O 4 Cci > y aV) 0) C O 70 –yf rn `s a)v. c 01 -� C >O co H — Q CO d -C CO C N cm Ncu co Le co o d d C 7 C L) a) — O1 `O 4.4 X `� 0 O d a) •N c co O p 0 N CD ofVI CY) O Y d vt CU _ O c co VI ,H i O .r = ? ` 0) p 4) 63 O co .N d '0 Y A'C O *C 4 C d O.C 'O IA 0) 0 c z To a) c a a) c'40 41 LI _ 4 C co •r. Le f6 ` N " 0 c •v�� c o 3 a z . ' N N p 4= O a) O a) f0 'V y4 0 t u CL '� OV y c a, C t' a� O co d 4. N . C w .� Y-• v. C io L .C=c 0 O •6 'c7 v O T ' ' 4= a) a) = v .4• V i E �o 03 CO i= V 0 0- ;F 2 t0 O N E C c f0 _ 0 �„� w d O V N Vi O V v1 O 0 0. O O Q ap• C .0 w 0 H f0 oTi N 01 m c E d N ca > '2 VI coc W d C 63 no4- E 0) Q.E E 'O ` 0 C > N E • • Increase the City's bond rating and minimize the City's debt burden • Maintain a minimum 20 percent reserve in the General Fund ar • • Continue to improve communications with residents • Provide additional opportunities for resident civic engagement, including for youth • Maintain and increase overall customer satisfaction with City services • Conduct a survey of resident satisfaction and spending priorities every two years QLMP COMMUNITY Workshops An extremely important element in the preparation of the QLMP was the involvement of the community In August and September of 2010, more than 100 people attended a 3 -day public workshop, sharing what they loved about Temecula and what they would like to see happen in Temecula's future. Following is a sampling of their responses... 63 7 V E 0 O co a E 1- O eC O E C) 0 0 0 sdoysvoM kiunwwo) dWlb t3182E.s tg 8 c t A• c E -2 E 0LL 6.M d —Lo p L. S c y & o c 8 d 3 r ^4 V 1 Z§glEE -E441EoN� E.4,2 -g-"21 1:8001g a+ m T rn c E r �O N �C C ai d m Notes ' http://www.brookings.edu/metroamerica 2 "Where are the Next Cities?" Area Development Magazine, August/September 2009 3 httpJ/www.wikihow.com/Help-Your-Community-Be-A-Safe-One Urban Land Magazine, "Sustainable Cities of the 21st Century," July 2007 S California Transportation Pian 2025, p3, California Transportation Plan 6 Peter Drucker, Management Consultant 68 0 O 1 CONTENTS PREPARED FOR THE. CITY Of 1EMFCUtA BY: Item No. 21 Approvals City Attorney Director of Finance City Manager fffief-- -/IP CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Deputy City Manager DATE: October 25, 2011 SUBJECT: Urgency Ordinance: Time, Place, and Manner Restrictions for Residences of Sex Offenders on Halloween (at the request of Council Members Comerchero and Naggar) PREPARED BY: Tamra Irwin, Senior Management Analyst RECOMMENDATION: 1. That the Council adopt by a 4/51hvote the following urgency ordinance: URGENCY ORDINANCE NO. 11 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 9.60.045 TO THE TEMECULA MUNICIPAL CODE CONCERNING TIME, PLACE, AND MANNER RESTRICTIONS FOR RESIDENCES OF SEX OFFENDERS ON HALLOWEEN 2. That the Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 9.60.045 TO THE TEMECULA MUNICIPAL CODE CONCERNING TIME, PLACE, AND MANNER RESTRICTIONS FOR RESIDENCES OF SEX OFFENDERS ON HALLOWEEN SUMMARY OF PROPOSED ORDINANCE This Ordinance will add section 9.60.045, Sex Offender Residences Time, Place, and Manner Restrictions on Halloween, to the Temecula Municipal Code. This section will provide that a "sex offender," as defined in Section 9.60.020, between 12:00 a.m. and 11:59 p.m. on Halloween, October 31, shall: A. Be prohibited from decorating the dwelling in which the sex offender resides with Halloween decorations, and shall remove any such decorations; and B. During the evening hours starting at 5:00 p.m. until 11:59 p.m., leave all exterior residential, decorative, and ornamental lighting off at the dwelling in which the sex offender resides; and C. Be prohibited from answering the door of the dwelling in which the sex offender resides to children who are trick or treating. BACKGROUND: The County of Riverside has recently enacted additional restrictions on sex offenders related to Halloween. These restrictions include: - Be prohibited from answering the door of the dwelling in which the sex offender resides to children who are trick -or -treating. - During the evening hours starting at 5 p.m. until 11:59 p.m., leave all exterior residential, decorative, and ornamental lighting off at the dwelling in which the sex offender resides. - Prohibits sex offenders from decorating their homes with Halloween decorations between the hours of 12:00 a.m. and 11:50 p.m. on October 31st of each year, and shall remove any such decorations. This action has been requested by Council Members Comerchero and Naggar and is honoring the request that Supervisor Jeff Stone made to all cities in District 3 to adopt similar restrictions. This urgency measure is necessary for the immediate preservation of public peace, health, and safety for the following reasons: (1) there are registered sex offenders who reside in the City; (2) Halloween is an upcoming holiday that is widely celebrated throughout the City by children and their families, who often visit the residences of strangers in efforts to obtain treats on October 31St of each year; (3) sex offenders pose an immediate threat to children trick -or -treating on Halloween because children often will engage a disproportionate number of complete strangers as part of their door-to-door activities; (4) children are often unaccompanied by their parents or guardians on Halloween; (5) the events of Halloween could put children unknowingly in close proximity to sexual offenders who have committed violations against children; (6) the existing regulations within City ordinances are not adequate to address the current activities of sex offenders on Halloween; (7) immediate action is needed to protect children given that Halloween is this month and to provide advance notice to all sex offenders as reasonably possible in the effort to prevent any potential harm to children and/or other victims and preserve the public peace, health, and safety. Given that Halloween is this month and given the public peace, health, and safety concerns related to this issue, this ordinance is an urgency measure and shall take effect immediately upon its adoption. FISCAL IMPACT: None ATTACHMENTS: Urgency Ordinance Ordinance Letter URGENCY ORDINANCE NO. 11 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 9.60.045 TO THE TEMECULA MUNICIPAL CODE CONCERNING TIME, PLACE, AND MANNER RESTRICTIONS FOR RESIDENCES OF SEX OFFENDERS ON HALLOWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula hereby finds, determines, and declares that: (a) The City Council is gravely concerned about the high rate of recidivism among convicted sex offenders and their dangerousness as a class. The City Council takes legislative notice of the fact that, based on U.S. Department of Justice statistics, several members of the U.S. Supreme Court recently concluded: "When convicted sex offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault" McKune v. Lite, 536 U.S. 24, 33 (2002). (b) On November 7, 2006, the people of the State of California enacted the Sexual Predator Punishment and Control Act: Jessica's Law (also known as Proposition 83). That initiative measure: (i) increases penalties for violent and habitual sex offenders and child molesters; (ii) prohibits sex offenders from residing within 2,000 feet of any school or park; (iii) requires lifetime Global Positioning System monitoring of felony registered sex offenders; (iv) expands the definition of a sexually violent predator; and (v) changes the system for involuntary civil commitment of sexually violent predators. Additionally, that initiative measure authorizes municipalities to enact ordinances that further restrict the residencies for registered sex offenders. (c) The City has a compelling governmental interest in protecting the victims and potential victims of sex offenders in its jurisdiction. The City Council finds that the sex offender residency restrictions imposed by Chapter 9.60 of the Temecula Municipal Code and the time, place and manner restrictions on convicted sex offenders with respect to their residences imposed by this Ordinance are a reasonable means of promoting that governmental interest. (d) There are numerous sex offenders who reside in the City of Temecula, including those on parole. (e) Halloween is an upcoming holiday that is widely celebrated throughout the City by children and their families, who often visit the residences of strangers in efforts to obtain treats on October 31st each year. (f) Sex offenders pose an immediate threat to children trick -or -treating on Halloween because children often will engage in a disproportionate number of complete strangers as part of their door-to-door activities. (g) Children are often unaccompanied by their parents or guardians on Halloween. (h) The events of Halloween could put children unknowingly in close proximity to the residences of sexual offenders who have committed violations against children. (i) In enacting this Ordinance and Chapter 9.60, the City Council does not intend to punish sex offenders for their prior illegal conduct. Rather, the purpose of this Ordinance is to create a regulatory and non -punitive scheme to protect children at child day care centers, parks, and schools in Temecula and to protect children in the traditional childrens' trick or treating events in proximity to the residences of sex offenders on Halloween. (j) This Ordinance is enacted by the City Council pursuant to the authority of state law and pursuant to the City of Temecula's general police power to provide for the public health, safety, and general welfare. Section 2. Enactment of Section 9.60.045. Section 9.60.045, Sex Offender Residences Time, Place and Manner Restrictions on Halloween, is hereby added to the Temecula Municipal Code to read as follows: "9.60.045. Sex Offender Residences Time, Place and Manner Restrictions on Halloween. A sex offender between 12:00 a.m. and 11:59 p.m. on October 31 shall: A. Be prohibited from decorating the dwelling in which the sex offender resides with Halloween decorations, and shall remove any such decorations; and B. During the evening hours starting at 5:00 p.m. until 11:59 p.m., leave all exterior residential, decorative, and ornamental lighting off at the dwelling in which the sex offender resides; and C. Be prohibited from answering the door of the dwelling in which the sex offender resides to children who are trick or treating." Section 3. Environmental Determination. The City Council has determined that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance may have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations (the "CEQA Guidelines"). Section 4. Urgency Declaration. The City Council hereby finds and declares that this Ordinance is for the immediate preservation of the public peace, health, and safety and shall take effect immediately upon its adoption pursuant to California Government Code Section 36937(b). The facts constituting the urgency are as follows: (a) Halloween is an upcoming holiday that is widely celebrated throughout the City by children and their families, who often visit the residences of strangers in efforts to obtain treats on October 31St each year; (b) there are numerous sex offenders who reside in the City of Temecula, including those on parole; (c) sex offenders pose an immediate threat to children trick -or -treating on Halloween because children will often will engage in a disproportionate number of complete strangers as part of their door-to-door activities; (d) children are often unaccompanied by their parents or guardians on Halloween; (e) the events of Halloween will put children unknowingly in close proximity to the residences of sex offenders who have committed violations against children; (f) the existing regulations with the Temecula Municipal Code are not adequate to address the current activities of sex offenders at their residences on Halloween; (g) if this Ordinance does not become effective immediately, one or more sex offenders may engage in the activities prohibited by this by this Ordinance at the upcoming Halloween holiday; (g) immediate action is needed to protect children given that Halloween is this month and to provide advance notice to all sex offenders as reasonably possible in the effort to prevent any potential harm to children and or other victims; and (h) in order to protect the health, safety and general welfare of children, it is necessary that this Ordinance become effective immediately upon adoption. Section 5. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of October, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 11- was duly adopted and passed as an urgency ordinance at a regular meeting of the City Council on the 25th day of October, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 9.60.045 TO THE TEMECULA MUNICIPAL CODE CONCERNING TIME, PLACE, AND MANNER RESTRICTIONS FOR RESIDENCES OF SEX OFFENDERS ON HALLOWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula hereby finds, determines, and declares that: (a) The City Council is gravely concerned about the high rate of recidivism among convicted sex offenders and their dangerousness as a class. The City Council takes legislative notice of the fact that, based on U.S. Department of Justice statistics, several members of the U.S. Supreme Court recently concluded: "When convicted sex offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault" McKune v. Lite, 536 U.S. 24, 33 (2002). (b) On November 7, 2006, the people of the State of California enacted the Sexual Predator Punishment and Control Act: Jessica's Law (also known as Proposition 83). That initiative measure: (i) increases penalties for violent and habitual sex offenders and child molesters; (ii) prohibits sex offenders from residing within 2,000 feet of any school or park; (iii) requires lifetime Global Positioning System monitoring of felony registered sex offenders; (iv) expands the definition of a sexually violent predator; and (v) changes the system for involuntary civil commitment of sexually violent predators. Additionally, that initiative measure authorizes municipalities to enact ordinances that further restrict the residencies for registered sex offenders. (c) The City has a compelling governmental interest in protecting the victims and potential victims of sex offenders in its jurisdiction. The City Council finds that the sex offender residency restrictions imposed by Chapter 9.60 of the Temecula Municipal Code and the time, place and manner restrictions on convicted sex offenders with respect to their residences imposed by this Ordinance are a reasonable means of promoting that governmental interest. (d) There are numerous sex offenders who reside in the City of Temecula, including those on parole. (e) Halloween is an upcoming holiday that is widely celebrated throughout the City by children and their families, who often visit the residences of strangers in efforts to obtain treats on October 31st each year. (f) Sex offenders pose an immediate threat to children trick -or -treating on Halloween because children often will engage in a disproportionate number of complete strangers as part of their door-to-door activities. (g) Children are often unaccompanied by their parents or guardians on Halloween. (h) The events of Halloween could put children unknowingly in close proximity to the residences of sexual offenders who have committed violations against children. (i) In enacting this Ordinance and Chapter 9.60, the City Council does not intend to punish sex offenders for their prior illegal conduct. Rather, the purpose of this Ordinance is to create a regulatory and non -punitive scheme to protect children at child day care centers, parks, and schools in Temecula and to protect children in the traditional childrens' trick or treating events in proximity to the residences of sex offenders on Halloween. (j) This Ordinance is enacted by the City Council pursuant to the authority of state law and pursuant to the City of Temecula's general police power to provide for the public health, safety, and general welfare. Section 2. Enactment of Section 9.60.045. Section 9.60.045, Sex Offender Residences Time, Place and Manner Restrictions on Halloween, is hereby added to the Temecula Municipal Code to read as follows: "9.60.045. Sex Offender Residences Time, Place and Manner Restrictions on Halloween. A sex offender between 12:00 a.m. and 11:59 p.m. on October 31 shall: A. Be prohibited from decorating the dwelling in which the sex offender resides with Halloween decorations, and shall remove any such decorations; and B. During the evening hours starting at 5:00 p.m. until 11:59 p.m., leave all exterior residential, decorative, and ornamental lighting off at the dwelling in which the sex offender resides; and C. Be prohibited from answering the door of the dwelling in which the sex offender resides to children who are trick or treating." Section 3. Environmental Determination. The City Council has determined that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance may have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations (the "CEQA Guidelines"). Section 4. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 11- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 25th day of October, 2011, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of, , the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk quatE SUPERVISOR JEFF STONE THIRD DISTRICT October 19, 2011 Mayor Talbot, City of Canyon Lake Mayor Franchville, City of Hemet Mayor Edgerton, City of Menifee Mayor Lane, City of Murrieta Mayor Miller, City of San Jacinto Mayor Roberts, City of Temecula and Honorable Council Members: Dear Mayor and Council Members: On Tuesday, October 18, 2011 the Board of Supervisors of Riverside County unanimously adopted Urgency Ordinance No. 902.1, amending Ordinance No. 902 to establish time, place, and manner restrictions on registered sex offenders on Halloween. This action will restrict registered sex offenders from participating in the Halloween holiday. It will prohibit the incidental contact of children trick or treating at homes occupied by sex offenders only in the unincorporated areas of the county. I am requesting that you consider a similar ordinance for your city. This way, we will have uniform protections for children in place by Halloween 2012 for the entire Third District. I am also sending you, for your consideration, a copy of County Ordinance No. 902 that establishes sex offender residence and loitering prohibitions especially where children may congregate. Sincerely, JS:re Attachments RIVERSIDE OFFICE 4080 LEMON STREET, 5TH FLOOR RIVERSIDE, CA 92501 (951) 955-1030 FAx: (951) 955-2194 DISTRICT OFFICE: FRENCH VALLEY 37600 SKY CANYON DRIVE, #505 MURRIETA, CA 92563 TOLL FREE 1-866-383-2203 (951) 698-7326 • FAX: (951) 677-0669 www.supjeffstone.org VERNE LAURITZEN, CHIEF OF STAFF E-MAIL: district3(o rcbos.org HEMET OFFICE 439.50 E. ACACIA, SUITE A HEMET, CA 92543 (951) 791-3490 FAX: (951) 791-3465 DEPARTMENTAL REPORTS Item No. 22 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: October 25, 2011 SUBJECT: September Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of September, 2011. CURRENT PLANNING ACTIVITIES New Cases The Division received 51 new applications for administrative, other minor cases, and home occupations including 5 applications for public hearings during the month of September. Special Projects & Lonci Ramie Planninci Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: • Temecula Regional Hospital — This project was approved by the City Council on January 22, 2008. On December 30, 2009 the applicant submitted an application for a one year extension of time and Council approved this extension on January 26, 2010, extending the approval until January 22, 2011. The applicant submitted a Major Modification application on June 18, 2010, to reduce the number of hospital beds in the first phase from 178 beds to 140 beds and to change the construction of the building from concrete to framed construction. The Planning Commission recommended that the City Council approve the Major Modification application on December 15, 2010 and City Council approved the Modification application on February 8, 2011. A grading permit was issued for rough grading operations on June 8, 2011. Clearing and grubbing operations began on June 9, 2011, and cut/fill operations began on June 21, 2011 and import operations began on June 30, 2011 and have been completed. The applicant obtained their 401 Permit from the Regional Water Quality Control Board on September 26, 2011, their 404 Permit from Army Corps on September 30, 2011, and clearance from the California Department of Fish and Game on August 1, 2011. With these permits the applicant is now able to grade the entire site and is currently in the process of clearing and grubbing the previously fenced areas and will be scraping the remainder of the site beginning October 13, 2011. (FISK) • The Green House Gas (GHG) Emissions Inventory—The Green TAC selected 2007 as the base year for GHG emissions inventory analysis. Two inventories were prepared: 1) a municipal operations inventory and, 2) a communitywide inventory. The next steps are to select a target emission reduction and identify implementation measures that will achieve the selected target. The Green TAC established a test target of 15 percent below the 2007 base year. Staff is currently reviewing potential reduction measures to see if a 15 percent reduction in GHG emissions below baseline is feasible. (WEST) • Residential Energy Efficiency Loan Program — The Residential Energy Efficiency Loan Program makes low interest loans available to low and moderate income homeowners to make energy efficient improvements to their homes. The Program allows for specific types of energy efficiency improvements based on the year of construction, which coincides with the changes to Energy Codes of the California Building Standards. The Residential Energy Efficiency Program will work in conjunction with the Redevelopment Agency Residential Improvement Program, which offers forgivable loans for qualifying interior and exterior home improvements. The program was approved by the City Council on September 14, 2010 and staff began accepting applications on January 1, 2011. The three applications that were being reviewed were determined to be ineligible for funding. Currently, there are no applications pending. (WEST/WEAVER) • Liberty Quarry — The County of Riverside has held six continuous Planning Commission Meetings (April 26, May 3, June 22, July 18, August 15 and August 31) for Granite Construction's Liberty Quarry proposal for a Surface Mining Permit, Change of Zone, and Noise Ordinance Exception. The project is a 75 -year land use permit for a rock quarry and associated aggregate processing facilities, hot mix asphalt plant, ready mix concrete plant, concrete and asphalt recycling facility, administration and employee buildings, a maintenance facility with diesel, gas and propane tanks, water tanks, natural gas fuel engines for electric power generation, water and gas lines, truck scales, and truck and equipment parking areas within a 414 acre -site located adjacent to the City's southern boundary within the County of Riverside. The City reviewed the Draft Environmental Impact Report and provided comments to the County of Riverside on November 23, 2009. Despite voluminous comments on the DEIR received by the County on the project, the Riverside County Planning staff determined that redrafting or recirculating the Liberty Quarry Surface Mining Permit Draft Environmental Impact Report was not required and recommended approval to the Planning Commission of the project including certification of the EIR. The City provided additional written support material in opposition of the project throughout the Planning Commission hearings. In addition, the City Council, City staff, City Attorneys and the City's experts on topics including air quality, traffic, aggregate resources, hydrology and geology provided testimony to the Planning Commission during the hearings. Simultaneously, the Pechanga Band of Luiseno Indians, in efforts to oppose Liberty Quarry, sponsored a State Bill (AB 742 -Bonnie Lowenthal along with 38 co-authors) to Amend Section 2773.3 of the Public Resources Code with site-specific language to protect the Native American sacred site of the Luiseno Indians Creation Area from mining. City Council Member Edwards and Council Member Comerchero travelled to Sacramento on August 23, 2011 to voice the City's support of AB 742 at which time the Committee of Natural Resources and Water encouraged the tribe and Granite Construction to try to reach a settlement and voted 7-0 to move the Bill to the Senate's Rules Committee where it will remain until the Legislature reconvenes in January 2012. Back at the County level, on August 31, the Riverside County Planning Commission voted to deny Liberty Quarry (4-1 vote with Commissioner Porras dissenting) based upon multiple reasons of concerns deliberated by each Commissioner. The County's resolution for denial and its findings will be brought back to another Planning Commission hearing at some point before October 31, 2011 at which time the Commission is anticipated to adopt the Resolution to formalize their decision to deny the project. It is anticipated that Granite Construction will appeal the Planning Commission decision thereafter and the project will be ultimately heard by the Board of Supervisors towards the latter end of 2011 or early 2012. JOHNSON/RICHARDSON/LOWREY • Jefferson Avenue Specific Plan —Staff is studying the Jefferson Avenue Corridor to create a future Specific Plan for the area. The boundaries of the Jefferson Avenue Corridor are preliminarily defined to include all properties north of Rancho California Road, east of Diaz, south of the Murrieta City boundary and west of Interstate 15. In June 2010, approximately 15 representatives of the Urban Land Institute (ULI) together with City Staff conducted a tour of the Jefferson Corridor. The ULI Technical Advisory Panel consists of design, architectural, engineering, retail, and planning experts and provided the City with an outside expert review of the Jefferson Avenue Corridor with land use recommendations. The ULI Technical Advisory Panel (TAP) held a one -day planning summit in the Council Chambers on June 23, 2010, and shared their findings and recommendations with City staff. On September 23, the recommendations from the ULI Technical Advisory Panel were presented at a ULI Transit Oriented Development conference in Anaheim. This conference was intended to highlight the planning efforts being made throughout California in relation to the future high speed rail that will eventually connect San Diego to San Francisco. The City of Temecula was recognized, along with two other cities (San Diego and San Jose), for its future transportation planning efforts and ULI TAP process. Since the future high speed rail station will be located to the north of the Temecula boundary in Murrieta, the ULI TAP process provided a case study for a "station adjacent" community and focused on how future land use planning efforts within the Jefferson Avenue Corridor will take advantage of the proximity to the future high speed rail station. The ULI TAP recommendations have provided valuable information from a group of outstanding and diverse professionals. The recommendations from the study will set the foundation as the City embarks on our own planning effort for the Jefferson Avenue Corridor. Staff is currently finalizing an Existing Conditions Summary Report for the project study area. This report will outline baseline information, including existing zoning and land uses, existing businesses, building square footages and development intensity, historic structures, parcel sizes, property ownership, existing and future planned roadway circulation, roadway capacity and existing traffic volumes, impacts of the French Valley Interchange on the corridor, existing transit routes and transit stops, existing sidewalk conditions, and existing and proposed Murrieta Creek trail improvements within the corridor. On January 11, 2011 the City Council established the Jefferson Corridor Ad Hoc Committee comprised of Mayor Ron Roberts and Council Member Jeff Comerchero. On July 25, 2011 staff met with the Jefferson Corridor Ad Hoc Committee to discuss the status of the Jefferson Corridor Planning Effort and to discuss the Professional Services Agreement for the Caltrans Community Based Transportation Planning grant between the City of Temecula, WRCOG and Fehr & Peers. At the July 25 subcommittee meeting the subcommittee members gave staff the authorization to move forward with the public outreach and visioning effort for the Jefferson Corridor Specific Plan and the Multi - Jurisdictional Transportation Corridor Plan. The first visioning workshop for the Jefferson Corridor planning effort is anticipated to take place in mid-October. (RICHARDSON/ WATSON/WEST/INNES/LOWREY • SCAG 2012 Regional Transportation Plan — The update to the Southern California Association of Governments (SCAG) 2012 Regional Transportation Plan (RTP) is underway. The RTP includes a Sustainable Communities Strategy (SCS), which is a new component to the RTP as a result of the passage of SB 375. Staff has provided land use, employment and population data to SCAG and the County of Riverside Center for Demographic Research to establish Base Year Conditions and General Plan Based Growth Forecast/Distribution and land use for years 2020 and 2035. The Regional Transportation Plan, including the SCS, is scheduled to be adopted by SCAG by November 2012. (WEST) • Caltrans Community Based Transportation Planning Grant — The City of Temecula was awarded $248,200 from Caltrans for a Community Based Transportation Planning grant. This grant will fund a multi -jurisdictional transportation corridor planning effort for the Historic Highway 395 Corridor for the Cities of Temecula, Murrieta, Wildomar, and Lake Elsinore. The City of Temecula is the lead agency and primary recipient of the grant funding. WRCOG is a sub -recipient for the purposes of administering the grant. The City of Murrieta, City of Wildomar and City of Lake Elsinore are grant participants. The Historic Highway 395 Corridor is a 16 -mile central north/south arterial that parallels the west side of Interstate 15. The planning effort will promote public engagement, livable communities, and will address mobility, access and safety along the Historic Highway 395 Corridor. As a part of this effort, the City of Temecula will analyze affordable housing opportunities, and the opportunities and impacts of increased intensity and density, mixed-use development and impacts and opportunities related to the transportation network. The final product emerging as a result of this grant will be a "Multi -Jurisdictional Corridor Plan for the Historic Highway 395 Corridor" which is a 20 -year transportation plan for the Corridor. The Caltrans Community Based Transportation Planning grant is anticipated to complement the ULI Technical Advisory Panel study completed for the Jefferson Avenue which focuses on future land use and transportation planning efforts related to the high speed rail alignment through the City of Temecula. The City Council approved the contract with Fehr and Peers on August 9, 2011. The project kick-off meeting with the consults and City staff was held on August 16, 2011. The community outreach and engagement effort of this project is being coordinated through the SCAG Compass Blueprint Demonstration Project in conjunction with the Jefferson Avenue Study Area. A custom website is under development which will serve as the hub for information accessed by staff and the general public. The website is anticipated to go live in October, 2011. A series of public engagement workshops are to be held, with the first workshop anticipated for early November. Outreach to the public is anticipated to wrap-up by June 2012. The Historic Highway 395 Corridor project will be completed by February 2013. (WEST/INNES) • SCAG Compass Blueprint Demonstration Project Grant for the Historic Highway 395 Corridor and Specific Plan Visioning and Public Outreach Process - The City of Temecula was awarded a Compass Blueprint Demonstration Project grant by SCAG in February 2011 to provide visioning and public outreach assistance for the Caltrans Community Based Transportation Planning Grant funded by Caltrans and visioning and outreach assistance with the Jefferson Avenue Specific Plan. The objective of the grant is to establish a vision for the future of the Jefferson Corridor area through public outreach and an extensive visioning process. The visioning process is intended to promote SCAG's four key principles of livability, mobility, sustainability and prosperity and also focus on achieving the goals of SB 375. The future Jefferson Corridor Specific Plan area is intended to become a mixed-use, transit -oriented corridor and future planning efforts are intended to support the feasibility of the future High Speed Rail station that is slated to be located north of the specific plan area in the City of Murrieta, and the planned Cherry Street Transit Station located on the boundaries of the City of Murrieta and Temecula. The public outreach efforts will include visioning workshops and a website dedicated to the visioning and public outreach process. MIG was the consulting firm selected as a result of the interview process. MIG is under contract with SCAG and will provide professional planning consulting work for the public outreach effort forthe both the Jefferson Avenue Specific Plan and the Caltrans Community Based Transportation Planning Grant. The project kick-off meeting with the consults and City staff was held on August 16, 2011. The Specific Plan visioning process is anticipated to begin in mid October, 2011. The community outreach and engagement effort for the Caltrans Community Based Transportation Planning Grant is anticipated to begin in November 2011. (WEST/INNES) • Development Code Amendment to address concerns with off -sale alcohol sales for businesses that require a Conditional Use Permit — On May 24, 2011 the City Council adopted an Interim Urgency Ordinance establishing a 45 -day moratorium on the issuance/approval of Conditional Use Permits for off -sale alcohol businesses (i.e. Convenience Markets and Liquor Stores). On June 28, 2011 the City Council adopted an extension to the Interim Urgency Ordinance to extend the moratorium until May 13, 2012. This extension would provide staff adequate time to prepare studies as may be required to determine the appropriate locations in the City for Off -Sale Alcohol CUP businesses and to determine whether additional regulations should be imposed upon these businesses or whether these businesses should be prohibited in certain areas of the City. Since adoption of the moratorium ordinance on May 24, 2011, Staff has been studying potential provisions forthe City's Zoning Ordinance that would mitigate the detrimental impacts on public peace, health and safety expressed in the moratorium ordinance, including review of ordinances from other cities addressing these issues. In addition, staff will determine if additional regulations should be imposed upon Off Sale Alcohol CUP Businesses to reduce their detrimental impacts on public peace, health and safety and report these findings to the City Council at a public hearing. Staff is currently working with the City Attorney to prepare the draft ordinance and required environmental documents. Staff anticipates bringing a draft ordinance to the Planning Commission and City Council in November, 2011. (KITZEROW) Planning Agenda Report 9/1/2011 through 9/30/2011 1. Recently Approved APN # 916560006 • PA11-0082 Village & Landing DP ERIC JONES A Development Plan for two new commercial buildings totaling 11,713 square feet at 40135 Village Road within the Harveston Specific Plan. Submitted Date Approved Date Apr 6 2011 Sep 7 2011 APN # • PA11-0142 McDonalds Major Mod 921060027 ERIC JONES A Major Modification to update the fascade and site plan of an existing McDonalds located at 28100 Jefferson Avenue. An existing playground area will also be removed as part of the application. (APN: 921-060-027) Submitted Date Approved Date May 2 2011 Sep 15 2011 • PA11-0194 Spooktacular TUP APN # 921070031 CHRISTINE DAMKO Major Temporary Use Permit for Spooktacular Event for Animal Friends of The Valleys to be loacted at the Sam Hicks Monument Park at 41970 Moreno Rd. on October 23, 2011 from 12:00 p.m. until 5:00 p.m. Submitted Date Approved Date Jul 18 2011 Sep 27 2011 APN # • PA11-0230 Jumpin Pumpkins Major TUP 910420030 ERIC JONES A Major TUP to allow Jumpin Pumkins, inc. to operate a pumpkin patch in the Promenade Mall parking lot adjacent to Edward's Cinema from September 24, 2011 to November 2, 2011. The project is located at 40640 Winchester Road. Submitted Date Approved Date Aug 24 2011 Sep 14 2011 • PA11-0033 Vail Ranch Major Mod APN # 960010044 ERIC JONES A Major Modification Application to allow the Vail Ranch Historic center to create a phasing plan and make project revisions. Revisions consist of landscape and architectural changes. Project is generally located at the southeast corner of Redhawk Parkway and Wolf Store Road (APN:960-010-044) Submitted Date Approved Date Feb 4 2011 Sep 21 2011 • PA11-0175 Fish House Vera Cruz MinorCUP APN # 921750001 ERIC JONES A Minor Conditional Use Permit to allow the existing Fish House Vera Cruz located at 26700 Ynez Road to upgrade their existing liquor license from a Type 41 to a Type 47. Submitted Date Approved Date Jun 272011 Sep 21 2011 1 of 4 Planning Agenda Report 9/1/2011 through 9/30/2011 2. Scheduled for Hearing APN # • PA11-0200 Harveston Barrington Mod Arch 916681012 CHERYL KITZEROW A Major Modification to PA10-0021, the approved Home Product Review/Architectural Plans for the build -out of 64 lots in Harveston's Barrington community. Six architectural plans with four elevations each are proposed, ranging in size from 2,320 to 3,464 square feet. Project is generally located at the northeast corner of Ynez Road and Date Street. Submitted Date Anticipated DRC Meeting Date Planning Commision Jul 21 2011 Nov 16 2011 • PA11-0217 Simply Sharon's Minor CUP APN # 910310010 ERIC JONES A Minor Conditional Use Permit to allow an existing restaurant located at 27464 Jefferson Ave to upgrade their exist Type 41 liquor license to a Type 47 and provide live entertainment (APN: 910-310-010) Submitted Date Anticipated DRC Meeting Date Planning Commision Aug 15 2011 Oct 19 2011 • PA10-0326 Rancho Highlands Maravilla APN # 944330001 CHERYL KITZEROW A Multi -family development plan application for Maravilla at Rancho Highlands. A proposed 210 unit triplex project with units ranging in size from 1,100 to 1,700 square feet. The project site is approximately 24 acres located along the west side of Ynez Road at Tierra Vista Road, Tract 23992. (previously approved/expired project PA05-0167) Submitted Date Anticipated DRC Meeting Date Planning Commision Nov 5 2010 Oct 19 2011 • PA10-0317 Mtn. View Community Church CUP APN # 910281001 MATTHEW PETERS A Minor Conditional Use Permit for Mountain View Community Church to operate in a Service Commercial (SC) zone and occupy approximately 101,619 square feet of an existing building next to Gold's Gym located at 29201 Ynez Road (APN 910-281-001). Related cases PR10-0025 and PA10-0318. Submitted Date Anticipated DRC Meeting Date Planning Commision Oct 29 2010 Nov 162011 2 of 4 Planning Agenda Report 9/1/2011 through 9/30/2011 3. New Submittals Pending DRC Meeting APN # 909270057 • PA11-0141 Christ Fellowship Minor CUP ERIC JONES A Minor CUP to allow the Love of Christ Fellowship to operate a church located at 41630 Winchester Road within suites B and C (APN: 909-270-057). Submitted Date Anticipated DRC Meeting Date Directors Hearing May 2 2011 Nov 3 2011 • PA11-0212 5 & Diner Remodel APN # 910320037 STUART FISK Demolition to existing exterior walls (formerly 5 & Diner) and provide new structure from prior modification located at 26460 Ynez Road, Temecula , CA 92591. Submitted Date Anticipated DRC Meeting Date Hearing Planned Aug 8 2011 TBD • PA11-0226 Neighbor Health Major Mod APN # 909282006 ERIC JONES A Major Modification Application to allow for an additional 3,771 square feet to be added onto an existing structure located at 41840 Enterprise Circle North (APN: 909-282-006) Submitted Date Anticipated DRC Meeting Date Hearing Planned Aug 222011 TBD • PA11-0238 APN # De Portola Medical Offices TPM 959050011 STUART FISK A Tentative Parcel Map to subdivide a 2.76 acre parcel into three parcels for future medical office buildings, located at the southwest corner of De Portola and Margarita Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Sep 1 2011 9/29/2011 TBD • PA11-0240 Rod Run Fa112011 APN # 922026008 CHRISTINE DAMKO Fall Rod Run to take place in Old Town on Friday, October 14 and Saturday, Ocotber 15 with Front Street street closure Submitted Date Anticipated DRC Meeting Date Hearing Planned Sep 13 2011 TBD APN # • PA11-0249 Norris Ranch Pumpkin Patch 959070018 STUART FISK A Major TUP to operate Norris Ranch Pumpkin Patch in front of Rancho Commuity Church to be held from October 14 to October 31 located at 31300 Rancho Community Way. Submitted Date Anticipated DRC Meeting Date Hearing Planned Sep 21 2011 TBD • PA11-0255 Art Walk Major TUP APN # 922045033 ERIC JONES A Major Temporary Use Permit to allow Art Walks to be conducted within an existing parking lot in Old Town from 10 am to dusk. Project is located at 28677 Old Town Front Street (APN:922-045-033) 3 of 4 Planning Agenda Report 9/1/2011 through 9/30/2011 Submitted Date Anticipated DRC Meeting Date Hearing Planned Sep 28 2011 TBD APN # • PA11-0258 Quaid Troops Support Major TUP 922120010 ERIC JONES A Major Temporary Use Permit to allow Quaid Harley Davidson, located at 28964 Old Town Front Street, to conduct the Support our Troops VIII event on December 3, 2011 from 11 A.M. to 2 P. M. (APN: 922-120-010). Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 62011 TBD • PA11-0031 Rancho Highlands Maravilla MHC APN # 944330001 CHERYL KITZEROW A Major Temporary Use Permit for a Model Home Complex at Maravilla (Rancho Highlands - PA10-0326) located along the west side of Rancho Highlands Drive, east of Ynez Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 3 2011 TBD 4 of 4 `illi p.\\% waVIIWAIIP .���iiifi111511111L'11� \ N' 11, Ngr NI P21 n Ss �.. �•�_......��='moi,. ��i. ♦'i.�.�i_�_ �i.� ... i • zi.o•s:-.:#1's -�� ICY• � \ PA11-0255, 4ASI 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting Item No. 23 Approvals City Attorney Director of Finance City Manager fffier- /-A,P OuL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: October 25, 2011 SUBJECT: City Council Travel/Conference Report - September 2011 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On September 7, Mayor Ron Roberts and Council Member Jeff Comerchero traveled to New Orleans, Louisiana to attend the National League of Cities Fall Policy Forum Attachment: Meeting Agendas NATIONAL LEAGUE of CITIES 444 r" JOINT MEETING FEATURING: • Community and Economic Developmelil Steering Committee • Energy, Environment and Natural .Resources Corrrniltee Steering Committee • Finance, Administration and Intergoverqtei clarions Steering Committee • Information Technology and Communicaf1o... • Commi tee • Transportation Infrgsjructure and Services Steg4.,•._'ommittee •`� 1.4. • r AGENDA September 8 — 10, 2011 JW Marriott New Orleans Hotel 614 Canal Street New Orleans, LA 70130 (504) 525-6500 THURSDAY, SEPTEMBER 8, 2011 1:00 p.m.— MOBILE WORKSHOP (OPTIONAL) 4:00 p.m. Buses will start loading promptly at 12:30 p.m. at the J.W. Marriott 12:00 p.m. Join senior officials from the New Orleans Mayor's office and New Orleans City Council members for a tour of some of the City's most impressive public building and infrastructure, neighborhood redevelopment, and cultural arts projects. In addition to seeing the Lower Ninth Ward, the neighborhood most heavily damaged by Hurricane Katrina, the tour will include stops at the Columbia Park Residential Development, a master -planned development designed to promote a healthy, vibrant community; the Ellis Marsalis Center for Music, a state of the art performing arts center that is located in the Ninth Ward and was conceived of post -Katrina as a haven to protect and preserve the city's rich musical heritage; the Sewerage and Water Board Pump Station #6, the second largest pumping station in the world; and the Wilson Charter School, a newly constructed LEED-certified public school. 5:15 p.m. — WELCOME RECEPTION 6:30 p.m. Rex Room and Terrace Join NLC President James E. Mitchell, Jr., NLC First Vice President Ted Ellis, and NLC Second Vice President Marie Lopez Rogers, as well as NLC committee members from the Community and Economic Development (CED); Energy, Environment and Natural Resources (EENR); Finance, Administration and Intergovernmental Relations (FAIR); Information Technology and Communications (ITC); and Transportation Infrastructure and Services (TIS) Steering Committees for an opening welcome reception. FRIDAY, SEPTEMBER 9, 2011 8:00 a.m. - 8:45 a.m. BREAKFAST Ile de France 1 9:00 a.m. — OPENING PLENARY SESSION 12:00 p.m. Ile De France I/ and 111 Moderator: • Kathie Novak, former NLC President and former Mayor, Northglenn, Colorado Director, Rocky Mountain Program; Training Specialist, Buechner Institute for Governance; and Associate Director, Center for Local and Regional Communities, School of Public Affairs, University of Colorado, Denver Welcome Remarks • James E. Mitchell, Jr., NLC President Council Member, Charlotte, North Carolina Federal Policy Updates • John D. Porcari Deputy Secretary, U.S. Department of Transportation, Washington, D.C. • Nancy Stoner Acting Assistant Administrator for Water, U.S. Environmental Protection Agency, Washington, D.C. • Derek Douglas (invited) Special Assistant, White House Domestic Policy Council, Washington, D.0 3 4 OPENING PLENARY SESSION, continued Leadership Presentation • Neal Peterson, In Life There are No Barriers—Only Solutions! Neal Petersen achieved his dream to race in the 1998-99 "Around Alone", a 27,000-mile around the world yacht race in which he spent nine months at sea, alone, in a yacht of his own design and construction. Now a successful entrepreneur and global investor, Neal lays out the importance of a clearly communicated vision and direction, followed by detailed planning, preparation, passion and execution. Neal demonstrates how success is realized through innovation, balancing risk against return and being flexible enough to adapt to shifting winds. 12:00 p.m. - JOINT LUNCH: ALL COMMITTEES 12:45 p.m. Ile de France / Join us for lunch with New Orleans Mayor Mitch Landrieu and the NLC Officers. 12:45 p.m. - INDIVIDUAL COMMITTEE WELCOME REMARKS, INTRODUCTIONS, AND MEETING 1:30 p.m. OVERVIEWS • CED Committee, Maurepas • EENR Committee, Conde/Frontenac • FAIR Committee, Rosalie/St Claude • ITC Committee, Orleans • TIS Committee, St Jerome 1:30 p.m. - CED, EENR, and TIS COMMITTEES: JOINT DISCUSSION 2:30 p.m. SUSTAINABILITY AND REGIONAL COLLABORATION Ile de France 1I • Kathie Novak, Moderator; former NLC President and former Mayor, Northglenn, Colorado FAIR AND ITC COMMITTEES: JOINT DISCUSSION TELECOMMUNICATIONS TAXATION Ile de France II/ • David Hooks, Chair, FAIR Council Member, Homewood, AL • Andy Huckaba, Chair, ITC Council Member, Lenexa, KS 2:30 p.m. BREAK 2:45 p.m. - CED, EENR, FAIR and TIS COMMITTEES: JOINT DISCUSSION 3:45 p.m. INFRASTRUCTURE FINANCE Ile de France 11 • Kathie Novak, Moderator; former NLC President and former Mayor, Northglenn, Colorado 2:45 p.m. - ITC COMMITTEE DISCUSSION 3:45 p.m. Orleans • Legislative and Regulatory Update: Laura Bonavita Principal Associate, NLC Center for Federal Relations • Infrastructure Update: Julia Pulidindi Senior Associate, Infrastructure, NLC Center for Research and Innovation 4 5 Committee members will hear about ongoing federal regulatory and legislative initiatives, impacting local government. 3:45 p.m. BREAK 4:00 p.m. — 5:00 p.m. CED COMMITTEE: PRESENTATION ON LAFITTE HOUSING COMPLEX, AN ENTERPRISE PROJECT Ile de France 111 • Michelle K. Whetten Vice President, Gulf Coast, Enterprise Community Partners, Inc. The CED Committee will hear about the Lafitte development that sits on land that was severely impacted by Hurricane Katrina. Through this presentation, committee members will learn about infrastructure considerations of development on this scale, as well as multiple sources of public and private financing that allowed the project to proceed. EENR AND ITC COMMITTEES: JOINT DISCUSSION SMART GRID TECHNOLOGY Ile de France I • Eric Lightner Director, Smart Grid Task Force, Office of Electricity, U.S. Department of Energy The EENR and ITC Committees will continue the discussion started in Kansas City regarding Smart Grid. FAIR COMMITTEE: CONSIDERATION OF RESOLUTION CALLING FOR A BALANCED APPROACH TO DEFICIT REDUCTION Rosalie/St Claude • David Hooks, Chair Council Member, Homewood, AL The Committee will consider a draft resolution calling on the Federal government to use a balanced approach to deficit reduction. The resolution is timely in that the Joint Select Committee on Deficit Reduction is starting its work. The I2 -member super committee was created as part of the recently enacted Budget Control Act to raise the federal debt ceiling. The law requires the panel to meet by September 16 and recommend by Thanksgiving cuts worth $1.5 trillion over 10 years. The recommendations would then be put to a vote to Congress by December 23. If the Committee fails to agree to a set of cuts or Congress fails to adopt its recommendation, spending cuts worth $ I.2 trillion over 10 years will be automatically imposed. A draft will be distributed to the committee in New Orleans. TIS COMMITTEE: PRESENTATION ON REGIONAL TRANSPORTATION AND PLANNING St. Jerome • Walter Brooks Executive Director, New Orleans Regional Planning Committee The TIS Steering Committee will hear a presentation and follow-up discussion on regional transportation and economic development issues from the local Metropolitan Planning Organization (MPO), including coordination of freight issues and other transportation initiatives. 6:30 p.m. — 8:30 p.m. JOINT DINNER Oceana Grill, 739 Conti St., New Orleans, LA 70130, 504-525-6002 5 SATURDAY, SEPTEMBER 10, 2011 8:15 a.m. — 9:00 a.m. BREAKFAST Ile de France l Sponsored by the American Institute of Architects 9:00 a.m. - EENR COMMITTEE: 12:00 p.m. Conde/Frontenac POLICY AND RESOLUTION DISCUSSION The Committee will consider proposed resolutions, as well as current EENR resolutions, to make recommendations whether they should be amended, allowed to expire or incorporated into existing policy. Proposals for policy additions or amendments also will be in order. ITC COMMITTEE: 9:00 a.m. - Orleans 12:00 p.m. POLICY AND RESOLUTION DISCUSSION The Committee will consider proposed resolutions, as well as current ITC resolutions, to make recommendations whether they should be amended, allowed to expire or incorporated into existing policy. Proposals for policy additions or amendments also will be in order. DISCUSSION OF LOCAL CHALLENGES AND SOLUTIONS The Committee will use the remainder of the meeting time to discuss local challenges from their hometowns and potential solutions to those challenges. 9:00 a.m. — CED COMMITTEE: 12:00 p.m. Maurepas FEDERAL LEGISLATIVE UPDATE • Michael Wallace Program Director, Community and Economic Development, NLC Center for Federal Relations This report will focus on legislative initiatives important to the CED Steering Committee, including the impact of the debt ceiling and deficit reduction agreements on community and economic development program funding for local governments. CONSIDERATION OF CED POLICY AND RESOLUTIONS The Committee will consider proposed resolutions, as well as current CED resolutions, to make recommendations whether they should be amended, allowed to expire or incorporated into existing policy. Proposals for policy additions or amendments also will be in order. 9:00 a.m. — FAIR COMMITTEE: 12:00 p.m. Rosalie/St Claude FEDERAL LEGISLATIVE UPDATE • Lars Etzkorn Program Director, NLC Center for Federal Relations This report will focus on the state of Congress and legislative initiatives important to the FAIR Steering Committee, including what the potential for tax reform as part of the debt ceiling agreement and the status of tax pre-emption legislation before Congress. CONSIDERATION OF FAIR POLICY AND RESOLUTIONS The Committee will consider any proposed resolutions, as well as current FAIR resolutions, to determine if they should be amended, allowed to expire or incorporated into existing policy. Proposals for policy additions or amendments also will be in order. 6 7 DISCUSSION OF LOCAL CHALLENGES AND SOLUTIONS The Committee members will use the remainder of the meeting time to bring up and discuss local challenges from their hometown and potential solutions to those challenges. 9:00 a.m. — TIS COMMITTEE: 12:00 p.m. St. Jerome UPDATE ON NLC INFRASTRUCTURE FORUMS AND FEDERAL LEGISLATION • Julia Pulidindi Senior Associate, NLC Center, for Research and Innovation • Leslie Wollack Program Director, Infrastructure and Sustainability, NLC Center for Federal Relations PRESENTATION AND DISCUSSION: U.S. DEPARTMENT OF TRANSPORTATION • Joanna Turner Deputy Assistant Secretary of Transportation for Intergovernmental Affairs, US. Department of Transportation, Washington D.C. Ms. Turner will update the Committee on DOT initiatives including FHWA's Every Day Counts, Strong Cities, Strong Communities and TIGER Grants. CONSIDERATION OF TIS POLICY AND RESOLUTIONS The Committee will consider proposed resolutions, as well as current TIS resolutions, to make recommendations whether they should be amended, allowed to expire or incorporated into existing policy. Proposals for policy additions or amendments also will be in order. DISCUSSION OF LOCAL CHALLENGES AND SOLUTIONS The Committee will use the remainder of the meeting time to discuss local challenges from their hometown and potential solutions to those challenges. 12:15 p.m. — JOINT CLOSING LUNCH 1:30 p.m. Ile de France l 7 NATIONAL LEAGUE of CITIES FEDERAL RELATIONS TRANSPORTATION INFRASTRUCTURE AND SERVICES STEERING COMMITTEE MEETING Thursday, September 8, 2011— Saturday, September 10, 2011 Meeting Site JW Marriott New Orleans Hotel 614 Canal Street New Orleans, LA 70130 (504) 525-6500 Presiding The Honorable David M. Sander, Chair Council Member Rancho Cordova, California NLC Staff Leslie Wollack Program Director, Infrastructure and Sustainability (202) 626-3029 wollack@nlc.org TRANSPORTATION INFRASTRUCTURE AND SERVICES STEERING COMMITTEE AGENDA THURSDAY, SEPTEMBER 8, 2011 10:00 a.m. – REGISTRATION 12:30 p.m. Ile de France Foyer 1:00 p.m. – 4:00 p.m. 5:15 p.m. – 6:30 p.m. MOBILE WORKSHOP (OPTIONAL): TO BE CONFIRMED WELCOME RECEPTION Rex Room and Terrace Join NLC's Officers and staff, as well as NLC committee members from the Community and Economic Development (CED); Energy, Environment and Natural Resources (EENR); Finance, Administration and Intergovernmental Relations (FAIR); Information Technology and Communications (ITC); and Transportation Infrastructure and Services (TIS) Steering Committees for an opening welcome reception. 6:30 p.m. DINNER ON YOUR OWN 8:00 a.m. – BREAKFAST 8:45 a.m. Ile de France 1 9:00 a.m. – 12:00 p.m. FRIDAY, SEPTEMBER 9, 2011 OPENING PLENARY Ile de France II and III Welcome Remarks • James E. Mitchell, Jr., NLC President Council Member, Charlotte, NC Federal Policy Updates • John D. Porcari Deputy Secretary, U.S. Department of Transportation, Washington, D.C. • Nancy Stoner Acting Assistant Administrator for Water, U.S. Environmental Protection Agency, Washington, D.C. • Derek Douglas (invited) Special Assistant, White House Domestic Policy Council, Washington, D.C. Leadership Training Neal Petersen, In Life There are No Barriers—Only Solutions! Neal Petersen achieved his dream to race in the 1998-99 "Around Alone", a 27,000 -mile around the world yacht race in which he spent nine months at sea, alone, in a yacht of his own design and construction. Now a successful entrepreneur and global investor, Neal lays out the importance of a clearly communicated vision and direction, followed by detailed planning, preparation, passion and execution. Neal demonstrates how success is realized through innovation, balancing risk against return and being flexible enough to adapt to shifting winds. 2 12:00 p.m. — 12:45 p.m. 12:45 p.m. — 1:15 p.m. TRANSPORTATION INFRASTRUCTURE AND SERVICES STEERING COMMITTEE AGENDA JOINT LUNCH Ile de France 1 Join us for lunch with New Orleans Mayor Mitch Landrieu (invited) and the NLC Officers. WELCOME REMARKS AND INTRODUCTIONS St. Jerome 1:15 p.m. — BREAK 1:30 p.rn. MovetolledeFrancell 1:30 p.m. — JOINT DISCUSSION: SUSTAINABILF I Y AND REGIONAL 2:30 p.m. COLLABORATION Ile de France II • Kathie Novak, Moderator; former NLC President and former Mayor, Northglenn, Colorado Director, Rocky Mountain Program; Training Specialist, Buechner Institute for Governance; and Associate Director, Center for Local and Regional Communities, School of Public Affairs, University of Colorado, Denver The TIS, CED and EENR Steering Committees will work in small groups to consider questions located on page 5 that cut across NLC committee jurisdictions. 2:30 p.m. BREAK 2:45 p.m. — 3:45 p.m. JOINT DISCUSSION: INFRASTRUCTURE FINANCE Ile de France II • Kathie Novak, Moderator; former NLC President and former Mayor, Northglenn, Colorado The TIS, CED, EENR and FAIR Steering Committees will work in small groups to consider questions located on page 5 that cut across NLC committee jurisdiction. 3:45 p.rn. BREAK 4:00 p.m. — PRESENTATION 5:00 p.m. St. Jerome • Walter Brooks Executive Director, New Orleans Regional Planning Committee The TIS Steering Committee will hear a presentation and follow-up discussion on regional transportation and economic development issues from the local Metropolitan Planning Organization (MPO), including coordination of freight issues and other transportation initiatives. 6:30 p.m. — 8:30 p.ni. JOINT DINNER Oceana Grill, 739 Conti St., New Orleans, LA 70130, (504) 525-6002 SATURDAY, SEPTEMBER 10, 2011 3 8:15 a.m. — 9:00 a.m. 9:00 a.m. — 9:30 a.m. 9:30 a.m. — 10:15 a.m. TRANSPORTATION INFRASTRUCTURE AND SERVICES STEERING COMMITTEE AGENDA BREAKFAST Ile de France 1 Sponsored by the American Institute of Architects RECAP FROM DAY ONE/ REVIEW OF TILE MORNING OBJECTIVES St. Jerome • David Sander, Chair Councilmember, Rancho Cordova, California UPDATE ON NLC INFRASTRUCTURE FORUMS St. Jerome • Julia Pulidindi Senior Associate, NLC Center, for- Research and Innovation PRESENTATION AND DISCUSSION: FEDERAL LEGISLATIVE UPDATE • Leslie Wollack Program Director for Infrastructure and Sustainability, NLC Center for Federal Relations 10:15 a.m. — PRESENTATION AND DISCUSSION: U.S. DEPARTMENT OF 11:00 a.m. TRANSPORTATION SL Jerome • Joanna Turner Deputy Assistant Secretary of Transportation for Intergovernmental Affairs, U.S. Department of Transportation 11:00 a.m. — 12:15 p.m. Ms. Turner will update the Committee on DOT initiatives including administrative flexibility and DOT's latest round of TIGER grants. CONSIDERATION OF TIS POLICY AND RESOLUTIONS St. Jerome The Committee will consider any proposed resolutions, as well as current'l'IS resolutions, to make recommendations whether they should be amended, allowed to expire or incorporated into existing policy. Proposals for policy additions or amendments also will he in order. DISCUSSION OF LOCAL CHALLENGES AND SOLUTIONS The Committee will use the remainder of the meeting time to bring up and discuss local challenges from their hometowns and potential solutions to those challenges. 12:15 p.m. JOINT LUNCH Ile de France 1 4 COMMUNITY AND ECONOMIC DEVELOPMENT STEERING COMMITTEE MEETING Thursday, September 8, 2011— Saturday, September 10, 2011 Meeting JW Marriott New Orleans Hotel 614 Canal Street New Orleans, LA 70130 (504) 525-6500 Presiding Gilbert Lopez, Chair Vice Mayor Coolidge, Arizona NLC Staff Michael Wallace Program Director, Housing and Community Development (202) 626-3025 wallace@n1c.org Stephanie Spirer Principal Associate, Federal Relations (202) 626-3030 spirer@n1c.org COMMUNITY AND ECONOMIC DEVELOPMENT STEERING COMMITTEE AGENDA THURSDAY. SEPTEMBER 8.2011 10:00 a.m. – REGISTRATION 12:30 p.m. Ile de France Foyer 1:00 p.m. – 4:00 p.m. 5:15 p.m. – 6:30 p.m. MOBILE WORKSHOP (OPTIONAL): TO BE CONFIRMED WELCOME RECEPTION Rex Room and Terrace Join NLC leadership and staff, as well as your colleagues from the Energy, Environment and Natural Resources (EENR); Finance, Administration and Intergovernmental Relations (FAIR); Information Technology and Communications (ITC); and Transportation Infrastructure and Services (TIS) Steering Committees for an opening welcome reception. 6:30 p.m. DINNER ON YOUR OWN 8:00 a.m. – BREAKFAST 8:45 a.m. Ile de France 1 9:00 a.m. – 12:00 p.m. FRIDAY, SEPTEMBER 9, 2011 OPENING PLENARY SESSION Ile De France II and III Welcome Remarks • James E. Mitchell, Jr., NLC President Council Member, Charlotte, North Carolina Federal Policy Updates • John D. Porcari Deputy Secretary, U.S. Department of Transportation, Washington, D.C. • Nancy Stoner Acting Assistant Administrator for Water, US. Environmental Protection Agency, Washington, D.C. • Derek Douglas (invited) Special Assistant, White House Domestic Policy Council, Washington, D.C. . Leadership Training • Neal Petersen, In Life There are No Barriers—Only Solutions! Neal Petersen achieved his dream to race in the 1998-99 "Around Alone", a 27,000 -mile around the world yacht race in which he spent nine months at sea, alone, in a yacht of his own design and construction. Now a successful entrepreneur and global investor, Neal lays out the importance of a clearly communicated vision and direction, followed by detailed planning, preparation, passion and execution. Neal demonstrates how success is realized through innovation, balancing risk against return and being flexible enough to adapt to shifting winds. 2 COMMUNITY AND ECONOMIC DEVELOPMENT STEERING COMMITTEE AGENDA 12:00 p.m. — JOINT LUNCH 12:45 p.m. Ile de France 1 Join us for lunch with New Orleans Mayor Mitch Landrieu (invited) and the NLC Officers. 12:45 p.m. — WELCOME REMARKS AND INTRODUCTIONS 1:15 p.m. Maurepas 1:15 p.m. — BREAK 1:30 p.m. Move to room Ile de France II 1:30 p.m. — JOINT DISCUSSION: SUSTAINABILITY AND REGIONAL 2:30 p.m. COLLABORATION Ile de France II • Kathie Novak, Moderator; former NLC President and former Mayor, Northglenn, Colorado Director, Rocky Mountain Program; Training Specialist, Buechner Institute for Governance; and Associate Director, Center for Local and Regional Communities, School of Public Affairs, University of Colorado, Denver The CED, EENR and TIS Steering Committees will work in small groups to consider questions located on page 6 that cut across NLC committee jurisdiction. 2:30 p.m. BREAK 2:45 p.m. — 3:45 p.m. JOINT DISCUSSION: INFRASTRUCTURE FINANCE Ile de France II • Kathie Novak, Moderator; former NLC President and former Mayor, Northglenn, Colorado The CED, EENR, FAIR and TIS Steering Committees will work in small groups to consider questions located on page 6 that cut across NLC committee jurisdiction. 3:45 p.m. BREAK 4:00 p.m. — PRESENTATION ON LAFITTE HOUSING COMPLEX, AN ENTERPRISE 5:00 p.m. PROJECT Ile de France III • Michelle K. Whetten Vice President, Gulf Coast, Enterprise Community Partners, Inc. The CED Committee will hear about the Lafitte development which sits on land that was impacted by Hurricane Katrina. Through this presentation, committee members will learn about infrastructure considerations of development on this scale, as well as multiple sources of public and private financing that allowed the project to proceed. 6:30 p.m. — 8:30 p.m. JOINT DINNER Oceana Grill, 739 Conti St., New Orleans, LA 70130, (504) 525-6002 8:15 a.m. — BREAKFAST SATURDAY, SEPTEMBER 10, 2011 3 COMMUNITY AND ECONOMIC DEVELOPMENT STEERING COMMITTEE AGENDA 9:00 a.m. Ile de France 1 Sponsored by the American Institute of Architects 9:00 a.m. — RECAP FROM DAY ONE/ REVIEW OF THE MORNING OBJECTIVES 9:30 a.m. Maurepas • Gilbert Lopez, Chair Vice Mayor, Coolidge, Arizona 9:30 a.m. — PRESENTATION AND DISCUSSION: FEDERAL LEGISLATIVE UPDATE 10:15 a.m. Maurepas • Michael Wallace Program Director for Community and Economic Development, NLC Center for Federal Relations This report will focus on legislative initiatives important to the CED Steering Committee, including the impact of the debt ceiling and deficit reduction agreements on community and economic development program funding for local governments. 10:15 a.m. — CONSIDERATION OF CED POLICY AND RESOLUTIONS 11:00 a.m. Maurepas The Committee will consider proposed resolutions, as well as current CED resolutions, to make recommendations whether they should be amended, allowed to expire or incorporated into existing policy. Proposals for policy additions or amendments also will be in order. 11:00 a.m. — DISCUSSION OF LOCAL CHALLENGES AND SOLUTIONS 12:15 p.m. Maurepas 12:15 p.m. — 1:30 p.m. The Committee will use the remainder of the meeting time to bring up and discuss local challenges from their hometowns and potential solutions to those challenges. JOINT LUNCH Ile de France 1 4 Item No. 24 Approvals City Attorney Director of Finance City Manager /-A,P OuL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: October 25, 2011 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of September 2011. PATROL SERVICES Overall calls for police service 2,512 "Priority One" calls for service 55 Average response time for "Priority One" calls 5.49 Minutes VOLUNTEERS Volunteer administration hours 123 Special Events hours 231 Community Action Patrol (CAP) hours 1,095 Reserve officer hours (patrol) 11 Training hours 283 Total Volunteer hours 1,445 CRIME PREVENTION Crime prevention workshops /Neighborhood watch meetings conducted 2/0 Residential/Business security surveys conducted 0/0 Businesses visited 6 Residences/Businesses visited for past crime follow-up 0/1 Station Tour 0 Planning Review Projects/Temp Outdoor Use Permits 0/3 OLD TOWN STOREFRONT Total customers served 221 Sets of fingerprints taken 54 Police reports filed 15 Citations signed off 47 Car Seat Inspections 0 Total receipts $2,989 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests 12 On sight misdemeanor arrests 8 Felony arrest warrants served 1 Misdemeanor arrest warrants served 5 Follow-up investigations 0 Parole/Probation Searches 8/14 Pedestrian Checks 19 Traffic StopsNehicle Checks 35 Crime Free Housing Checks 13 TRAFFIC Citations issued for hazardous violations 769 Grant funded D.U.I. / Traffic safety checkpoints 1 Grant funded traffic click it or ticket 0 D.U.I. Arrests 39 Non -hazardous citations 367 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 130 Neighborhood Enforcement Team (N.E.T.) citations 44 Parking citations 177 School Zone 161 Seatbelts 53 Cell Phone Cites 173 Injury collisions 35 INVESTIGATIONS Beginning Caseload 102 Total Cases Assigned 49 Total Cases Closed 43 Search Warrants Served 27 Arrest 5 PROMENADE MALL TEAM Calls for service 654 Felony arrest/filings 6 Misdemeanor arrest/filings 14 Traffic Citations 42 Fingerprints/Livescans 140 Total receipts $11,171 SCHOOL RESOURCE OFFICERS Felony arrests 1 Misdemeanor arrests 12 Reports 16 Youth counseled 180 Meetings 85 Item No. 25 Approvals City Attorney Director of Finance City Manager fffier- /-A,P OuL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: October 25, 2011 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of September 2011. MEMORANDUM TO: Greg Butler, Director of Public Works FROM: Rodney Tidwell, Maintenance Supervisor DATE: October 5, 2011 SUBJECT: Monthly Activity Report - September, 2011 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of September, 2011: I. SIGNS A. Total signs replaced B. Total signs installed C. Total signs repaired D. Banners Replaced II. TREES A. Total trees trimmed for sight distance and street sweeping concerns III. ASPHALT REPAIRS 34 2 59 113 43 A. Total square feet of A. C. repairs 3.656 B. Total Tons 74.5 C. Slurry 7,000 IV. CATCH BASINS A. Total catch basins cleaned 166 B. Down Spouts 1 C. Under sidewalks 266 D. Bowls 0 V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. VII. STENCILING A. 401 New and repainted legends B. 2.140 L.F. of new and repainted red curb and striping C. 91 Bull Nose D. 0 Thermal Plastic E. 0 RPMs Installed 930 46 3,074 R:IMAINTAIMMOACTRPT Also, City Maintenance staff responded to 59 :service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 67 service order requests for the month of August, 2011. The Maintenance Crew has also put in 102 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of September, 2011 was $4,933.00 compared to I 8,050.00 for the month of August, 2011. Account No. 5402 Account No. 5401 Account No. 999-5402 Electronic Copies: Amer Attar, Principal Engineer Mayra De La Torre, Senior Engineer Jerry Gonzalez, Associate Engineer $ 4,933.00 $ -0- $ -0- Capital Improvements Land Development Traffic Division R:UNAINTAIN\MOACTRPT STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of September, 2011 DATE STREET/CHANNEL/BRIDGE DESCRIPTION TOTAL COST ACCOUNT OF WORK SIZE CONTRACTOR RENE'S COMMERCIAL MANAGEMENT Date: 09.28.11 # 5402 CITYWIDE R.O.W WEED ABATEMENT / DEBRIS REMOVAL. TOTAL. COST $ 4,933.00 Date: # TOTAL COST Date: # TOTAL COST Late: Ir TOTAL COSI' CON'I'RACTOR: L)atc: TOTAL COST Date: # TOTAL COST CONTRACTOR: r)atc: # TOTAL. COST Date: TOTAL COST TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 - 0 - $ 4,933.00 - 0 - R:\MAINTA IN\MOAC CRPT J J W J a I-- H ›- CO CO W C7 Z O W 0 (n IY O N a E ca • CD �' n -o 7 Cn E a CO 7 O cn a. • w C • ~ W O 0 J a O W rc N a>• a'N LL H O cC o o< aw� Z } o J • aa I-~ZU c Z W O a 2 Z LL w o � YEAR-TO-DATE 0 O O 0 O co O O 0 O (i) O 0 0 O,_ U) O S12.983.00 1 CO M 185, a-- 0 N (D CO C)0 0 CO N r 3701 N CO C) p N 0)) M N 1ST HALF TOTALS 0 O 0 O O CA O 0 O O FA O OO O O (/) O $12.983.00 (.) 185. ,— 2001 0) CO 308, C) 0N ,— coco ' 3701, 10.3611 (` N O) () C+) N O CONTRACTORS JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER Asphalt Square Feet 0 0 0 Concrete Square Feet 0 0 0 Drainage Channels 0 0 0 TOTAL COSTS 50.00 S0.00 S0.00 0 Sandblasting Linear Feet 0 0 0 TOTAL COSTS 50.00 S0.00 S0.00 0 Trees Removed 0 0 0 TOTAL COSTS S0.00 $0.00 $0.00 R.O.W. SPRAYING SQ. FT. 0 TOTAL COSTS 80.00 58,050.00 $4,933.00 113 Signs Replaced 42 109 34 Signs Repaired 64 77 59 Catch Basins Cleaned 124 135 432 Trees Trimmed 92 173 43 R.O.W. Weed Abatement 0 100 930 New & Repainted Legends 184 703 401 After Hours Call Outs 154 114 102 Service Order Requests 36 67 _ 59 Graffiti Removal= Sq Ft 1,865 5,422 3,074 TOTAL COSTS 529,034.56 850,771.17 843,586.44 N CO rn a a) N N C (n c 0) R\MAINTAINVWOACRTPUULY THRU DEC October 5, 2011 N ▪ T E m N E (V a ro O CO d ce dU • z J Z m a5Z_ O 0 - Q F- W • J W • W Q Z ~ O U) 2 0 FISCAL YEAR 2011 - 2012 1ST QUARTER TOTAL COST FOR LAST FISCAL YEAR VI 0 C/D a- IA 0) Y7 til 0 0 4 IA a- oi N tD 0 W V 1-. EA $41,500.00 $21,903.37 $5,100.00 $2,691.78 $39,486.50 $15,965.95 $69,854.33 $177,505.50 $26,812.24 o 0) 0 N o6 (f) cog M M N $581,001.31 WORK WORK WORK TOTAL COST COMPLETED COST FOR COMPLETED COST FOR AUG. COMPLETED COST FOR FOR THIS SCOPE OF WORK JULY '11 JULY '11 AUG. 11 '11 SEPT. '11 SEPT. '11 FISCAL YEAR ASPHALT AC Square Footage: 0 $0.00 3,121 $9,269.37 3,656 $10,858.32 $20,127.69 Tons: 0 $0.00 81 75 $0.00 SIDEWALK CURB & GUTTER REPAIR Square Footage: 0 $0.00 0 $0.00 0 $0.00 $0.00 PCC Yards: 0 $0.00 0 $0.00 0 $0.00 $0.00 STRIPING LINEAR FEET: 2,740 $191.80 1,814 $126.98 2,140 $149.80 $468.58 IN-HOUSE PAINTING LEGENDS: 184 $1,472.00 703 $5,624.00 492 $3,936.00 $11,032.00 SIGNS REPLACED Material: 42 $2,100.00 109 $5,450.00 32 $1,600.00 $9,150.00 Labor: $1,108.38 $2,876.51 $844.48 $4,829.37 SIGNS INSTALLED Material: 98 $4,900.00 11 $550.00 2 $100.00 $5,550.00 Labor: $2,586.22 $290.29 $52.78 $2,929.29 SIGNS REPAIRED Material: 64 $3,200.00 77 $3,850.00 59 $2,950.00 $10,000.00 Labor: $1,688.96 $2,032.03 $1,557.01 $5,278.00 GRAFFITI Square Footage: 1,865 5,422 3,074 DRAINAGE CHANNELS CLEANED Basins: 124 $3,272.36 135 $3,562.65 432 $11,400.48 $18,235.49 Channels: 4 0 IN-HOUSE TREES TRIMMED: 92 $2,427.88 173 $4,565.47 43 $1,134.77 $8,128.12 SERVICE ORDER REQUESTS: 36 67 59 AFTER HOURS CALL OUTS: 154 $6,086.96 114 $4,493.47 102 $4,038.18 $14,618.61 R.O.W. WEED ABATEMENT: 0 $0.00 100 $30.40 930 $31.62 $62.02 TOTALS $29,034.56 542,721.17 $38,653.44 $110,409.17 : WIAI N TAI MMOAC R PTMJ U LY.A U G. S E PT. ) w 0 z 1- U 0 MAR APRIL MAY JUNE JULY AUG SEPT m w z 00 000 000 00 000 00 000 00 000 000 00000000000000000000000000 00000000000000000000000000 --C) f -Ince) e-C)N- U)M rC)f` tool r-Q)I` to el rC*- ll)Mr 1-0,1d"ztdM M M M M N N NN N Totals for the Year To Date: Oct. 1, 2011 N 00 TOTAL CALLS re) M 00 © N O \D rr p 4.,,1 Q\ "J ---1 •--I 4--I I. cv es 4 4. A 0 b C W h d v November I ARE FOOTAGE f 00 t— C\ N N s N N N O cc N V^ M l!) C\ - I M 3.4 C' cd z 5 CI p C 6. 'jam„ >, d >, a *� CI. in fes, . )— ti Q r November p 8 CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report September / October 2011 Prepared by: Amer Attar Submitted by: Greg Butler Date: 10/25/2011 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be completed when the mainline utilities are installed, which the City is undertaking - estimated start in December of 2011. A fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor re- mobilizes, this cost is also included in the approved change order total. Temporary power, initially established in 2003 by the developer, had to re-established in May of 2010. Old Town Infrastructure Project -Town Square and Mercedes & Main Street This project constructed the Town Square and street improvements on Mercedes & Main Streets. Final work items involve completion of the show power which is in design and set to be constructed in Fall 2011. Old Town Civic Center This project constructed the Old Town Civic Center. Dedication ceremony was held on 12/9/10 and the City started operations from the new structure on 12/20/2010. Resolution of punchlist and added work items are ongoing. Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings Phase 2 of this project renovated the Escallier House and Barn. Contract is being closed out. Filing the Notice of Completion is scheduled for the 10-25-2011 City Council meeting. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' long ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. Bids were opened August 16, 2011 - Bowcon Company is the apparent low bidder. Development of bridge shop drawings is underway, site construction is to begin week of 10/10/11. Winchester Road / State Route 79 North - North Corridor Beautification This federally funded project designed and constructed landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limits. The 90 - Day Maintenance Period started on 10-03-11. 1 Roripaugh Ranch Street Improvements - Phase I Phase I improvements involve wet and dry utilities, sidewalks, medians and new roadway section on Butterfield Stage Road (BSR) from Murrieta Hot Springs Road (MHSR) to CaIIe Chapos, a portion of MHSR, CaIIe Chapos, South Loop Road. The project will also complete utilities to the Fire Station and future amenities (e.g, traffic signals, park, ..etc.). Bids were opened on 09/20/11. The City Council awarded the contract to Hillcrest Contracting at the 10-11-11 meeting. Ronald Reagan Sports Park Desilting Basin Environmental Mitigation This project involves the installation of landscape and irrigation improvements on a .26 acre Habitat Creation Area and maintaining it for five (5) years in accordance with a Habitat Mitigation and Monitoring Program. The work was completed on 1/20/11. The project is now in the 5 -year maintenance/monitoring program. Conservation easement, required by the Department of Fish & Game permit, was accepted by City Council at the 9-27-11 meeting. Margarita Road Right -of -Way Enhancement This project will enhance the east side of Margarita Road parkway from Ramsey Court to Avenida Cima Del Sol. A contract was awarded to KASA Construction at the 07/26/11 City Council meeting. The Contractor has completed all street borings and is completing the irrigation lines and control wiring. Construction is scheduled for completion by the end of November 2011. Citywide Slurry Seal Project FY 2010-11 This is the annual citywide slurry seal project that will slurry various streets through out the City. This project will slurry Chardonnay Hills and a Portion of Paseo Del Sol. This project is complete. The Notice of Completion is scheduled on the 10-25-11 City Council Meeting. Citywide Concrete Repairs - FY2010-11 This project is an annual maintenance project. The project involves removing and replacing various damaged concrete facilities throughout the city. The contractor has begun work and completion is anticipated by the end of October. Pavement Rehabilitation Program - Margarita Road Project 1 This project will rehabilitate Margarita Road between Rancho California Road and Avenida Barca. Roadway construction began the week of 9/26/11; intersection (roadway excavation, base paving) is being performed at night. Night work is expected to be complete late October; Phase I construction (outside lanes of Margarita Rd - day work) will follow. Pavement Rehabilitation Program - Winchester Road This project will rehabilitate Winchester Road between Roripaugh Road and Nicolas Road. Roadway pulverizing began the week of 10/03/11. Roadwork, excavating and paving is being done at night. Paving the #3 lane is scheduled for 10-11-11 and 10-12-11. Video Detection System at signalized intersections is installed and operational. 2 PROJECTS IN DESIGN Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of new wetlands for the Wolf Valley Creek Channel Improvements - Stage I. Site visits for a new proposed location was conducted with the Department of Fish&Game (DFG) and Regional Water Board in May. City will contract with a consultant to map the new proposed area and obtain resource agencies approval. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. Preparing an RFP for completing the environmental report. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. All resource agency permits have been acquired. Riverside County Flood Control District encroachment permit application is currently being processed, and once this permit is issued, the Request for Authorization (RFA) to construct will be submitted to Caltrans. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Review of the 100% Plans and Specs is on-going. French Valley Parkway / Interstate 15 Over -Crossing and Interchange Improvements - Phase 1 (PS&E) A southbound off -Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off -ramp are the components of Phase 1. City continued the design work. Status is as follows: > Final PS&E - City/Caltrans coordinating final revisions. > Right of Way - City/Caltrans coordinating final revisions to RNV Appraisal Map. > Utilities - Utility Agreements for SCE, Verizon & EMWD was authorized at the 09/27/2011 City Council meeting. RCWD relocation work is expected to start at end of October 2011 Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. The City Council adopted the Mitigated Negative Declaration (MND) and authorized staff to solicit construction bids for Phase I at the 06/14/11 meeting. Consultant is finalizing the plans. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi -Purpose Trail at Diaz Road. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds 3 Nicolas Valley - Assessment District (Liefer Road) This project will study assessment district feasibility and formation, including completing the street and minor storm drain improvements on the unimproved portions of certain streets within Nicolas Valley (Liefer Road) area. Consultant is finalizing 100% plans for signature. 1-15 / SR -79S Ultimate Interchange 95% PS&E (2nd Submittal) - Caltrans comments received. Pavement Rehabilitation Program These rehabilitation projects will rehabilitate portions of Winchester, Rancho California, Ynez, Margarita and Rancho Vista Roads. City is currently in plan check review with Caltrans to obtain an Encroachment Permit for Rancho California Road and Winchester Road. French Valley Parkway / Interstate -15 OverCrossing and Interchange Improvements - Phase II Contract signed. Project set up and kick off in October. Citywide Storm Drain Improvements - Calle Fiesta This project consists of extending an existing City -maintained storm drain line an additional 200 feet to eliminate slope erosion at the current storm drain discharge point. The City Council approved the necessary drainage easement for future City access and maintenance of the new pipe at the 09/27/11 meeting. Authorization to re -bid the project is being sought at the 10/25/11 City Council meeting. Library Parking Expansion This project will add on -street parking adjacent to the Temecula Library and Fire Station #84 on Pauba Road. The Consultant is preparing the Water Quality Management Plan (WQMP). The City received the 100% plans. 4