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Home My WebLink About040912 CSC Agenda . . . ' ' . - . V - . . . . � � 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 COMMUNITY SERVICES COMMISSION REGULAR MEETING TO BE HELD AT TEMECULA CIVIC CENTER MONDAY, APRIL 9, 2012 6:00 PM CALL TO ORDER: Chairman Charlotfe Fox FLAG SALUTE: San Gorgonio Girl Scouts High Hopes Bell Choir Patriotic Song ROLL CALL: Edwards, Hogan, McCracken, Meyler, Fox PRESENTATIONS: High Hopes Program Volunteers: . Bro & Karen Newman Mike & Linda Condry Carole Havard Frank 8� Jerry Vallejo Russell & Veronica Ahonen - PUBLIC COMMENTS. A total of 15 minutes is provided so members of the public can address the Commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a green "Request to Speak" form should be filled out and filed with the Commission Secretary. - When you are called to speak, please come forward and state vour name and address. For all other agenda ifems, a"Request to Speak" form must be filed with the Community Services Commission Secretary before the item is addressed by the Commission. There is a three (3) minute time limit for individual speakers, 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 Commission request specific items be removed from the Consent Calendar for separate action. r:\cscagend\2012\0409201-2 agenda.docx DIVISION REPORTS Cultural Arts Human Services Recreation Maintenance CONSENT CALENDAR 1. Minutes RECOMMENDATION: 1.1 That the Community Services Commission approves the Action Minutes of the March 12„ 2012 Community Services Commission meeting. COMMISSION BUSINESS 2. The Law Resource Center - Temecula Public Librarv RECOMMENDATION: 2.1 That the Community Services Commission receive and file a report on the Law Resource Center located at the Temecula Public Library. 3: Update on the Jefferson Avenue Studv Area Public Outreach and Visioninq Process RECOMMENDATION: 3.1 That the Community Services Commission receive and file this report updating Commission on the Jefferson Avenue Study Area public outreach and visioning process. 4. Joint Use Aqreement with the Temecula Vallev Unified School District for use of the Tennis Courts at Great Oak Hiqh School, Temecula Vallev Hiqh School, Gardner Middle School, Vail Ranch Middle, Temecula Middle School, and James L. Dav Middle School RECOMMENDATION: 4.1 That the Community Services Commission approves the Joint Use Agreement between the Temecula Valley Unified School District and the City of Temecula for the joint use of the tennis courts located Great 0ak High School, Temecula Valley High School, James L. Day Middle School, Vail Ranch Middle School, Erle Stanley Gardner Middle School, and Temecula Middle School. �:\cscagend�2012\04092012 agenda.docx DIRECTOR'S REPORT ' COMMISSIONER'S REPORTS , ADJOURNMENT The next regular meeting of the Community Services Commission will be held on Monday, May 14, 2012 at 6:00 P.M., at the Temecula Civic Center Council Chambers, 41000 Main Street, Temecula, California. � NOTICE TO THE PUBLIC The agenda. packet (including staff reports) will be available for viewing at Civic Center — 41000 Main Street, Temecula, or the Temecula Library — 30600 Pauba Road, Temecula — during normal business hours. The packet will be available for viewing the Friday before the Community Services Commission meeting after 4:00 PM. You may as well access the packet on the City's website — www.cityoftemecula.org — which as well will be avai�able the Friday before the Community Services . Commission meeting after 4:00 PM. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the CommisSion regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the reception area at City Hall, 41000 Main Street, Temecula, California, during normal business hours. In addition, such material will be made . available on the City's web — www.cityoftemecula.orq — and will be available for public review at fhe 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. r:\cscagend�20 agenda.docx � ITEM NO. 1 ACTION MINUTES TEMECULA COMMUNITY SERVICES COMMISSION REGULAR MEETING TO BE HELD AT TEMECULA CIVIC CENTER MONDAY, MARCH 12, 2012 6:00 PM CALL TO ORDER: Chairman Charlotte Fox FLAG SALUTE: Commissioner Meyler � ROLL CALL: Edwards, Hogan, McCracken, Meyler, Fox PRESENTATIONS: Friends of the Ronald Reagan Sports Park Board Volunteers PUBLIC COMMENTS: None DIVISION REPORTS CONSENT CALENDAR 1. Minutes � RECOMMENDATION: 1.1 That the Community Services Commission approves the Action Minutes of the February 13, 2012 Community Services Commission meeting. Approved staff recommendation (4-0-1) — Commissioner McCracken made the motion; it was seconded by Commissioner Meyler and voice vote reflected approval with Commissioner Hogan abstaining. r:\cscagend�2012\03122012 action minutes.docx COMMISSION BUSINESS . 2. Temecula Historv Museum Overview RECOMMENDATION: 2.1 That the Community Services Commission receive and file a report on the Temecula History Museum. Received and filed. DIRECTOR'S REPORT COMMISSIONER'S REPORTS ADJOURNMENT � At 6:55pm the meeting of the Community Services Commission adjourned to a meeting to be held on Monday, April 9, 2012 at 6:00 P.M., at the Temecula Civic Center Council Chambers, 41000 Main Street, Temecula, California. Chairperson Charlotte Fox Aaron Adams, Executive Director Community Services Commission Community Services Department r:\cscagend�2012\03122012 action minutes.docx ITEM NO. 2 CITY OF TEMECULA AGENDA REPORT TO: Community Services Commission FROM: Aaron Adams, Executive Director of Community Services DATE: Apri1 2012 SUBJECT: The Law Resource Center — Temecula Public Library PREPARED BY: Rosie Vanderhaak — Manager Temecula Public Library RECOMMENDATION: That the Community Services Commission receive and file a report on the Law Resource Center located at the Temecula Public Library BACKGROUND: Sarah Eggleston, Library Director for the Riverside County Law Library, met with library staff in August 2011 and presented a proposal to partner with the public - library to offer legal materials in Temecula. With more and more people tackling a variety of legal issues themselves, the need for access to quality legal materials and research help is needed now more than ever in our community. The Riverside County Law Library is mandated to ensure that legal materials are made as accessible as possible to everyone — attorneys as well as the general public. Prior to this proposal, the nearest law libraries were in Riverside or Vista for our community. A Memorandum of Understanding Between the Riverside County Law Library and the City of Temecula for the Riverside County Law Library's Provision of Law Library Services and Materials at the Temecula Public Library was approved on November 15, 2011. As trained legal reference specialists, the Riverside County Law Library provided public library staff two training sessions in December 2011 before any legal material was made available to the public. Additional training will take place on an as-needed basis, but no fewer than two times per year. In January 2012, the Temecula Public Library announced the opening of the Law Resource Center at the library which consists of 50 core reference titles and free access to six (6) legal databases in- house: Westlaw, Lexis, HeinOnline, Legaltrac, EBSCOhost and Forms Workflow. In addition to the resources and databases, Beverly Chavira, law library assistant, is scheduled by The Riverside Law Library to work at the Temecula Public Library on Thursdays from 11:00 am — 7:00 pm and Fridays from 10:00 am to 6:00 pm. The library reference staff is available to help the public throughout the week by referring customers to appropriate sources and materials. Staff is not permitted to provide legal advice. The public has been very responsive to this added service. We are prepared to launch additional publicity to the community via the City of Temecula's government channel and E-blast to the � Chamber of Commerce and other city contacts. R:\CSCAGEND�2012\04092012 Law Library.doc ITEM NO. 3 CITY OF TEMECULA COMMUNITY SERVICE COMMISSION AGENDA REPORT TO: Community Services Commission FROM: Aaron Adams, Executive Director of Community Services DATE: April 9, 2012 SUBJECT: Update on the Jefferson Avenue Study Area Public Outreach and Visioning Process PREPARED BY: Katie Innes, Assistant Planner RECOMMENDATION: That the Community Services receive and file this report updating the Commission on the Jefferson Avenue Study Area public outreach and visioning process. BACKGROUND: The Jefferson Avenue Study Area is located north of Rancho California Road, west of Interstate 15, east of Diaz Road/Murrieta Creek and south of Cherry Street. The Study Area is approximately 560 acres and consists primarily of a mix of developed commercial property, and property designated as conservation/open space (Murrieta Creek). On January 1, 2011, in anticipation of the Jefferson Avenue planning effort, the City of Temecula City Council established the Jefferson Avenue City Council Ad Hoc Subcommittee. The City Council appointed Mayor Ron Roberts and Council Member Comerchero to this subcommittee. The Ad Hoc Subcommittee will assess future opportunities for this area and provide policy direction to facilitate the aesthetic and economic revitalization of the Jefferson Avenue area through a comprehensive Specific Plan. The Jefferson Avenue City Council Ad Hoc Committee met on July 25, 2011 and directed Planning staff to move forward with the visioning workshops and public engagement process. To assist the City with the public outreach portion of the planning effort, the Southern California Association of Governments (SCAG) selected the Jefferson Avenue Study Area Visioning Process as a"demonstration project," and awarded the City grant funding through their Compass Blueprint program. The City and SCAG collaboratively selected MIG, Inc. as the planning consulting firm to assist City Staff with the public outreach and visioning workshops for the Jefferson Avenue Study Area. The City also hired Inland Planning + Design to assist with the presentation of technical planning topics at the public workshops. The goal of the public workshops is to develop a publicly- driven, community based vision for the Jefferson Avenue Study Area, which will drive the revitalization and redevelopment of the area in the future. The feedback from the visioning workshop series will be developed into a community-based vision for the future and will set the foundation for a future specific plan. The Specific Plan will guide the future revitalization of this area over the next 15-30 years. To date, Planning Staff has conducted three public visioning workshops for the Jefferson Avenue Study Area. These workshops have been well attended by a variety of stakeholders including property owners, commercial real estate brokers, business owners and other interested community members. C:\Documents and Settings\Gail.Zigler\Local Settings\Temporary Internet Files\Content.OutlookklXVMZMHIMCSC Agenda Report 4 9 12.doc The visioning workshop dates and topics are outlined below: Visioning Workshop # 1 October 18, 2011 Existing Conditions, Future Vision, O ortunities and Challen es Visioning Workshop # 2 December 6, 2011 Urban Design and Placemaking Visioning Workshop # 3 February 2, 2012 Identifying Conceptual Districts within the Stud Area To supplement the information in this staff report, a brief presentation will be provided to summarize the feedback received from the first three visioning workshops held thus far. Three more workshops will take place over the next six months. Visioning Workshop # 4 was recently held on April 5, 2012 and focused on mobility, transportation and complete streets. Visioning Workshop # 5 will be held on June 14, 2012 and will focus on market feasibility, economics and alternative development scenarios. Visioning Workshop # 6 will be held on July 19, 2012 and will focus on the overall visioning policy recommendations and will also present case studies that represent the recommended policies that have emerged from the visioning process. Exhibit: Jefferson Avenue Study Area Base Map C:\Documents and Settings\Gail.Zigler\Local Settings\Temporary Internet Files\Content.Outlook�4XVMZMHIMCSC Agenda Report 4 9 12.doc x la ao ,u� m � BB�� Q o -----....._.-�-------------^-- --GHERRY-ST .. `�m� MC CABE �T m N , Z O < � BUECKING DR Q � � I �DENDY PKY � I � '- SANB�RN AV � i I � REMINGTON AV I � I ENTERPRISE CIR NORTH ZEVO DR W�NCHESTER RD ; �� O ENTERPRISE CIR y O � m RIDER W'� i RIO NE00 � A � Z � � c '� �y ;� � � I �� D D � n � AVENIDA ALVARADO �� OVERLA� m I � 1 �� BLACKDEER LOOP ��+ W' H; 'W I iV - SARAH:WY U � w � � U // � e ea � ��" e� � � � ,� � � h , o � � LL I LL � ^ � W I ....,T�� iMA i - VIA MONTEZUNIA � ITEM NO. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: Temecula Community Services District Commission FROM: Aaron Adams, Executive Director of /Community Services Director DATE: April 9, 2012 SUBJECT: Joint Use Agreement with the Temecula Valley Unified School District for use of the Tennis Courts at Great Oak High School, Temecula Valley High School, Gardner Middle School, Vail Ranch Middle, Temecula Middle School, and James L. Day Middle School PREPARED BY: Charles Walker, Human Services Manager RECOMMENDATION: That the Community Services Commission approves the Joint Use Agreement between the Temecula Valley Unified School District and the City of Temecula for the joint use of the tennis courts located Great Oak High School,Temecula Valley High School, James L. Day Middle School, Vail Ranch Middle School, Erle Stanley Gatdner Middle School, and Temecula Middle School. BACKGROUND In an effort to provide additional athletic services and opportunities to the community, the City of Temecula has entered into several Joint Use � Agreements with the Temecula Valley Unified School District (NUSD). In 1998, the City of Temecula negotiated a Joint Use Agreement with TVUSD for the joint use_ of the tennis courts at Temecula Valley High $chool during evening and weekend hours. The City used this time to schedule and provide tennis instruction, tennis tournaments, and allow for open court hours for use by the general public. Interest in the sport of.tennis continues to grow resulting in overcrowding and impacting the open court time at Temecula Valley High School. The City has renegotiated the Joint Use Agreement with TVUSD to include additional tennis courts within the school district: By entering into this new agreement the availability of courts for City programmed tennis instruction and City sponsored tennis events will increase the number of available courts from 12 to 34. With the addition of these courts, the City plans to increase the number of tennis opportunities for contract tennis instruction; , added tennis programs for the special needs population, middle school intramurals and increase opportunities for tournament play. The TCSD operations and maintenance responsibilities will include replacing the windscreens every three years, or as necessary; provide tennis court nets for installation by School District personnel; power washing the courts once every other month; opening, closing and cleaning adjacent restrooms; and opening and locking gates at the parking lot and field access points to secure the school site. These responsibilities represent normal maintenance that the Gity would perform regularly if the courts were located on City property. _ The TVUSD's responsi6ilities shall include resurfacing the tennis courts as necessary, maintaining tennis court surfaces by ensuring lines and nets are in good condition at all timeS; providing the labor to replace tennis court nets as needed, ensuring the walkways and parking lots of the tennis courts are in a neat and clean condition, including, but not limited to daily removal of trash and debris, and providing keys to City personnel for restroom facilities, tennis court facilities and parking lot gates, as necessary to permit access to those facilities. : FISCAL IMPACT: None ATTACHMENTS; Joint Use Agreement � - �1. .. �i . . AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR THE JOINT USE OF SCHOOL TENNIS COURTS THIS AGREEMENT is made and entered into as of . fGh�_,.2012 by and between the Temecula Community Services District, a community services district ("TCSD"), and the Temecula Valley Unified School District ("District"). In consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: - 1. Recitals. This Agreement is entered into with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the parties: a. District is the owner of certain real properties within the City of Temecula known as Great Oak High School, Temecula Valley High School, Erle Stanley Gardner Middle School, Temecula Middle School, Vail Ranch Middle School, and James Day Middle School (collectively, the "Schools"). b. Title I, Division 1, Part 7, Chapter 10, commencing with Section 10900 of the Education Code, authorizes public school districts and cities to cooperate with one another for the purpose of authorizing, promoting and conducting programs of community recreation which will contribute to the attainment of general recreational and educati.onal objectives for children and adults of the State. In this regard, school districts and cities may enter into agreements with each other to aid and cooperate in carrying out these objectives. The governing body of any school district is authorized by these provisions to use the buildings, grounds, and equipment of the district, or any of them, to carry out the recreational and educational objectives, or may grant the use of any building, grounds, or equipment of the district to any other public authority for such purposes, whenever the use of the buildings, grounds, or equipment for community � recreational purposes will not interfere with use of the buildings, grounds, and equipment for any other purpose of the public school system. Accordingly, the District and TCSD are authorized to enter into this Agreement. c. District and TCSD desire to jointly develop and utilize a portion of the Schools for park, recreational and education purposes benefiting the people of Temecula as specifically provided in this Agreement. d. The portion of the Schools to be developed for these joint purposes consists of the tennis courts located on the Schools' properties, and is depicted in Exhibits A, B, C, D, E, F and G, which are all attached hereto and are all incorporated herein by this reference (collectively, the "Properties"). -1- • i i nu�srn�� i e i uo�a„� ,�,.,, �� ' � .. 2. Use of Properties as Park. a. District hereby grants to TCSD a license to (1) use the Properties as public parks within designated time frames and for the designated uses, (2) use the designated parking lot areas within the Schools as parking for users of the Properties, (3) use designated walkways within the Schools for access to the Properties, and (4) use � square feet of temporary office space at Temecula Valley High School as depicted on Exhibit B, all in accordance with the terms and restrictions as set forth in this Agreement. . b. TCSD shall schedule the tennis courts on the Properties for public play, youth tennis programs and tournaments. c. Use of the Properties shall be subject to such park rules and regulations for the use of the parks as the TCSD may enact. 3. Term of A�reement. The term of the license granted by Chis Agreement shall be for a period of twenty (20) years from G __, 2012, unless terminated or extended as provided in this Agreement. TCSD shall have an option to extend the term for one five (5) year period. TCSD shall exercise the rights of the option prior to six (6) months of the end of the �rst twenty (20) year period. , 4. Apportionment of Use .of Properties by TCSD and District. a. TCSD shall use the tennis court portions of Great Oak High School and Temecula Valley High School,.as depicted in Exhibits A and B, from 5:30 p.m. to 10:00 p.m. on Mondays through Fridays and from 8:00 a.m. to 10:00 p.m. on Saturdays, Sundays, and District Holidays, except that the District shall have priority for scheduled school activities. TCSD shall be entitled to use feet of land on the parking lot at Temeeula Valley High School for the placement of a trailer for operation of a pro shop. b. TCSD shall use the tennis court portions of Erle Stanley Gardner 1vliddle School, Bella Vista Middle School, Temecula Middle School, Vail Ranch Middle School, and James Day Middle School, as depicted in Exhibits C, D, E, F and G, from 5:30 p.m. to 10:00 p.m. on Mondays through Fridays and from 8:00 a.m. to 10:00 p.m. on Saturdays, Sundays, and District Holidays,.except that the District shall have priority for scheduled school activities. c. District Holidays shall be defined as those days or portion of days when the Schools are not in session, including the summer when the Schools are not in session. On or before August 1 of each year the District shall notify the TCSD of the dates of District Holidays when the Schools will not be in session and scheduled school activities. 5. District 1Vlaintenance Resnonsibilities. The District shall, at its sole cost and expense, unless otherwise provided herein, perform the following maintenance on the Properties and the improvements which currently exist upon it or which are to be constructed upon the Properties pursuant to the terms of this Agreement, in accordance with reasonable maintenance standards and schedules: -2- i i nQ�_nnm� i e i uo�u.n ,�„� .� � ' � a. For the first five years of this Agreement, District shall maintain the walkways leading to the Properties, and parking for the Properties in a neat and clean condition, including, but not limited to, daily removal of trash and debris, and at the beginning of the sixth year of this Agreement, TCSD shall be responsible for the _� maintenance described in this subparagraph; b. Provide access to Properties and parking a'reas for the public during public use hours; c. Maintain and pay utilities for the office space at Temecula Valley High School; and d. Provide keys to the key TCSD personnel for restroom facilities, tennis cour� facilities, and parking lot gates, as necessary, to permit access to those facilities. 6. TCSD Maintenance Responsibilities. During the term of this Agreement, the TCSD shall, at its sole cost and expense, perform the following maintenance on the Properties � and the improvements which currently exist upon it or which are to be constructed upon the Properties pursuant to the terms of this Agreement, in accordance with reasonable maintenance standards and schedules, including: a. Resurface the tennis courts as necessary to be determined by the TCSD; b. Maintain tennis court surfaces and lines in good condition at all times; c. Maintain the lights on the tennis courts in accordance with manufacturers standards including, but not limited to, replacement of bulbs; d. Pay all electric utility costs necessary for iighting the tennis courts; e. Maintain the tennis court area in a neat and clean condition, including removal of trash and debris; f. Power wash the courts once ever}� other month; g. Open restrooms adjacent to tennis courts for public access during TCSD court usage times; and h. Clean and lock restrooms adjacent to tennis courts after each day used for TCSD usa.ge time; i. Maintain tennis courts consistent with City park standards during times of TCSD use; j. Maintain the windscreens and replace windscreens at least every three years, as necessary, as determined by TCSD; and -3- � > > nu�_nrn�� ini ao�st.,� ,�,,,, k. Maintain nets in good condition at all times and replace nets as necessary as determined by TCSD. 7. Indemnification a. TCSD agrees to defend, indemnify, protect and hold harmless the District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the District, its officers; agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the TCSD's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence or wrongful conduct of the District. b. District agrees to defend, indemnify, protect and hold harmless the TCSD, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the TCSD, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property a� out of the District's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, or which may arise from the ownership of the Properties, excepting only liability arising out of the negligence or wrongful conduct of the TCSD. 8. D�faults and Remedies a. Subject to the extensions of time set approved in writing by a party, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default (claimant) shall give written notice of default to the other party specifying complained of. b. The claimant shall not institute proceedings against the other party nor be entitled to damages if the other.party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice. Such cure, correction and remedy shall include payment of any costs, expenses (including attorney fees) or damages incurred by the non-defaulting party resulting from the default or during the period of default. c. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. d. Any failures delays by either party iri asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any -4- i i nu�_nrn�� i e i AoFQ,n ,�.,., actions or proceedings which it may deem necessary to protect, assert or enforce an such rights or remedies. e. If a default is not fully cured by the defaulting party as provided in this Paragraph, the defaulting party shall be liable to the other part for any damages caused by such default, and the nondefaulting party may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default. f. If a default under this Agreement is not fully cured by the defaulting party as provided in this Paragraph, the nondefaulting party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. g. In the event 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. 9. Termination of A�reement. Either party may terminate this Agreement for any reason upon written notice of one year to the other party. 10. Force Maieure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by ttiis Agreement to be performed by either District or TCSD is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform'the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prom.pt payment by a party as required by this Agreement or the performance.of any act rendered difficult or impossible solely because of the financial conaition of the party required to perfoi•m the act. 11. Notice to Parties Written notices, demands and comrnunications among the District and TCSD, shall be sufficiently given by 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: District: Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, Caiifornia 92592 Attention: Superintendent TCSD: Temecula Community Services District 41000 Main Street Post Office Box 9033 -5- i i nQ��rn�� i e i uo�u.n ,��.,� . � . � ._ Temecula, California 92589-9033 Attention: City Manager 12. A�reement Bindin� on Successors. This Agreement shall be binding on and shall inure to the benefit of the successors and lawful assigns of the parties hereto. 13. Assi�nment. Neither Party shall assignor transfer this Agreement or any.portion thereof without the prior written consent of. the other party, which consent shall not be unreasonably withheld; provided however that TCSD may assign this Agreement to the City of Temecula without consent of the District. 14. Sole and Only A�reement. This Agreement constitutes the sole and only agreement between District and TCSD respecting the joint use of the Properties for school and park purposes. Any agreements or representations, either oral or written, respecting any matter discussed in this Agreement not expressly set forth in this Agreement are null and void. 15. Time of Essence. Time is expressly declared to be of the essence in this Agreement. 16. AuthoritY to Execute. Each party hereto expressly warrants and represents that he or she has the authority to execute this Agreement.on behalf of his or her governmental entity and warrants and represents that he or she has the authority to bind his or her entity to the performance of its obligations hereunder. -6- i i nQ�_nnm� i n i Qo�u..� .+..,� . .� IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT President of Governing Board Attest: Secretary to the Governing Board , -7- i i nQ�_rnm� i e i uo�u.n ,�,,,, .. 1 TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero President Attest: , Susan W. Jones, MMC City clerk Approved as to form: Peter M. Thorson City Attorney -8- i i nu�_nm�� i n i uo�Q „� ,�„�