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050812 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 MAY 8, 2012 — 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. 6:00 P.M. — The City Council/Successor Agency to the 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 the Successor Agency to the Temecula Redevelopment Agency consisting of approximately 30.2 acres (APN 909-370-002) located northwesterly of Diaz Road and Dendy Parkway. The parties to the negotiations for the sale of this property are: Agua Caliente Inc., Wild Rivers Temecula, LLC, the Successor Agency to the Temecula Redevelopment Agency and the City of Temecula. Negotiators for the Successor Agency to the Temecula Redevelopment Agency and City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are the price and terms of the sale of the property to Agua Caliente, Inc. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for completion of the acquisition of the real property commonly known as 41375 McCabe Court, Temecula, California and identified as Assessor's Parcel Number 910-262-008 in connection with the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements, PW02-11. The negotiating parties are the City of Temecula and Mike Kupka. Negotiators for the City of Temecula are: Greg Butler and Amer Attar. Under negotiation are the price and terms. 3) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the acquisition of the City of the YMCA building located at 29119 Margarita Road, Temecula 92591 on a portion of Margarita Park. The parties to the negotiations for the acquisition of this building are: YMCA of Riverside City and County and the City of Temecula. Negotiators for the City of Temecula are: Bob Johnson, Aaron Adams, and Tamra Irwin. Under negotiation are the price and terms for the acquisition of the building. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. 1 Next in Order: Ordinance: 12-04 Resolution: 12-35 CALL TO ORDER: Mayor Chuck Washington Prelude Music: To Be Announced Invocation: Pastor Steve Redden of Crosspoint Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Cal State San Marcos Presentation National Public Works Week Proclamation Drug Free Video Presentation 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 a matter 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. Each speaker is limited to five minutes. 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. 2 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 April 24, 2012. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of March 31, 2012 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of March 31, 2012. 5 Escrow Agreement — United States Army Corps of Engineers; Security for the French Valley Parkway Project's Environmental Mitigation, PW07-04 RECOMMENDATION: 5.1 Approve the Escrow Agreement with the United States Army Corps of Engineers and Union Bank, N.A. to establish an escrow account in the amount of $600,000. 6 Temporary Street Closures for 2012 Summerfest Events RECOMMENDATION: 6.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2012 Summerfest Events: `WESTERN DAYS' OLD TOWN TEMECULA STREET PAINTING FESTIVAL' `4TH OF JULY PARADE' `4TH OF JULY FIREWORKS' 'HOT SUMMER NIGHTS CONCERT IN THE PARK' 3 7 Acceptance of Improvements and Notice of Completion for the Pavement Rehabilitation Program — Winchester Road, PW10-11 RECOMMENDATION: 7.1 Approve an increase to the contingency of the Pavement Rehabilitation Program, Winchester Road, PW10-11, in the amount of $68,626.04 and increase the City Manager approval authority by that same amount; 7.2 Accept the construction of the Pavement Rehabilitation Program, Winchester Road, PW10-11, as complete; 7.3 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 7.4 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 8 Professional Services Agreement for the Design of the Temecula Community Center Renovation, PW12-01 RECOMMENDATION: 8.1 Approve a transfer and an appropriation of $183,715 from the Old Town Gymnasium to the Temecula Community Center Renovation; 8.2 Approve an Agreement with Williams Architects, Inc. in the amount of $130,650 for the design of the Temecula Community Center Renovation, PW12-01; 8.3 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $13,065, which is equal to 10% of the agreement amount. 9 Construction Contract for the Citywide Slurry Seal Project Fiscal Year 2011-12, PW11-09 RECOMMENDATION: 9.1 Approve the transfer of the balance of Proposition 1B funds totaling $259,516, from the Capital Improvement Funds (210 Account) for Road and Storm Drain Repair at Rancho California Road ($37,995); Road Reconstruction at Jedediah Smith Road, Cabrillo Avenue, and Vallejo Avenue ($19,163); and Citywide Slurry Seal Project Fiscal Year 2009-10 ($202,358), to the General Fund for the Citywide Slurry Seal Project Fiscal Year 2011-12, PW11-09; 9.2 Approve the appropriation and transfer of $511,355 from the Gas Tax Fund Balance to the General Fund for the Citywide Slurry Project Fiscal Year 2011-12, PW1 1-09; 4 9.3 Award the construction contract for the Citywide Slurry Seal Project Fiscal Year 2011-12, PW11-09, portions of Paseo Del Sol, California Sunset, Rainbow Canyon, and Starlight Ridge areas, to American Asphalt South, Inc. in the amount of $700,791.50; 9.4 Authorize the City Manager to approve change orders not to exceed the contingency amount of $70,079.15, which is equal to 10% of the contract amount; 9.5 Make a finding that the Citywide Slurry Seal Project Fiscal Year 2011-12 Project is exempt from Multiple Species Habitat Conservation Pian (MSHCP) fees. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 12-01 Resolution: No. CSD 12-03 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 a matter 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. Each speaker is limited to five minutes. CSD 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 Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 10 Action Minutes RECOMMENDATION: 10.1 Approve the action minutes of April 24, 2012. 11 First Amendment with Time Warner NY Cable, LLC regarding Easement Agreement in connection with Veteran's Park and Construction of Certain Improvements on Veteran's Park RECOMMENDATION: Approve the First Amendment to the Agreement with Time Warner NY Cable, LLC that accepts the Quitclaim of an existing Southern California Edison Easement and grants a new Southern California Edison Easement within Veteran's Park. 6 12 First Amendment with Environmental Cleaning Solutions and Facility Management, LLC for Park Restrooms and Picnic Shelters Janitorial Services for Fiscal Year 2012-13 RECOMMENDATION: 12.1 Approve the First Amendment to the Agreement with Environmental Cleaning Solutions and Facility Management, LLC for Park Restrooms and Picnic Shelters Janitorial Services, in the amount of $78,180, for Fiscal Year 2012-13. 13 Second Amendment with ThyssenKrupp Elevator for Elevator Maintenance and Monitoring Services for Fiscal Year 2012-13 RECOMMENDATION: 13.1 Approve the Second Amendment to the Agreement with ThyssenKrupp Elevator for elevator maintenance and monitoring services, in the amount of $26,800, for Fiscal Year 2012-13. 14 Third Amendment with Alpha Mechanical Service & Engineering for HVAC Maintenance Services for Fiscal Year 2012-13 RECOMMENDATION: 14.1 Approve the Third Amendment to the Agreement with Alpha Mechanical Service & Engineering for HVAC Maintenance Services, in the amount of $50,000, for Fiscal Year 2012-13. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, May 22, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. Budget Workshop: Wednesday, May 23, 2012, at 9:00 AM, for the purpose of a Budget Workshop, Civic Center - Conference Center, 41000 Main Street, Temecula, California. 7 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 8 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 15 Purchase and Sale Agreement between the City of Temecula and Wild Rivers Temecula LLC for the sale of approximately 19.7 acres located northwesterly of Diaz Road and Dendy Parkway (APN 909-370-002) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND WILD RIVERS TEMECULA LLC FOR THE SALE OF CERTAIN REAL PROPERTY (APN 909-370-002) CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, May 22, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Budget Workshop: Wednesday, May 23, 2012, at 9:00 AM, for the purpose of a Budget Workshop, Civic Center - Conference Center, 41000 Main Street, Temecula, California. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orci 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 in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — www.cityoftemecula.oro — 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 the City Clerk's Department, (951) 694-6444. 9 PRESENTATIONS y - u pt mPA JP�wtV� 4 CNq IS �� �q t=m r,,, WHEREAS, public everyday lives; and WHEREAS, the operation of public works systems graffiti removal, tree trimming, WHEREAS, the health, and WHEREAS, the quality construction, is vitally WHEREAS, the departments is influenced they perform. NOW, THEREFORE, Temecula, hereby proclaim "National in the City of Temecula, themselves with the contributions which public of life. X _ i�1,It o�'H7NC'c�'NCN'Cc �C� , ,:q urima�viw - Y IE a HORTHRECE Nn�n � HI The City of Temecula PROCLAMATION works services provided in our community are an integral part of our citizens' support and understanding and informed citizenry is vital to the efficient and programs such as roadway maintenance and repair, drainage facilities, weed abatement, and special event assistance; and safety, and comfort of this community greatly depends on these services; and effectiveness of these services, as well as their planning, design, and dependent upon the efforts and skills of the public works officials; and efficiency of the qualified and dedicated personnel who staff public works by the people's attitude and understanding of the importance of the work I, Chuck Washington, on behalf of the City Council of the City of the week of May 20 through May 26, 2012 to be Public Works Week" "Creating a Lasting Impression" and encourages all citizens and civic organizations to acquaint issues involved in providing public works services, and to recognize the works officials make every day to our health, safety, comfort, and quality IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this eighth day of May, 2012. It Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET APRIL 24, 2012 — 7:00 PM 6:00 P.M. — The City Council/Successor Agency to the 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 the Successor Agency to the Temecula Redevelopment Agency consisting of approximately 30.2 acres (APN 909-370-002) located northwesterly of Diaz Road and Dendy Parkway. The parties to the negotiations for the sale of this property are: Agua Caliente Inc., Wild Rivers Temecula, LLC, the Successor Agency to the Temecula Redevelopment Agency and the City of Temecula. Negotiators for the Successor Agency to the Temecula Redevelopment Agency and City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are the price and terms of the sale of the property to Agua Caliente Inc. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the acquisition of the City of the YMCA building located at 29119 Margarita Road, Temecula 92591 on a portion of Margarita Park. The parties to the negotiations for the acquisition of this building are: YMCA of Riverside City and County and the City of Temecula. Negotiators for the City of Temecula are: Bob Johnson, Aaron Adams, and Tamra Irwin. Under negotiation are the price and terms for the acquisition of the building. 3) Conference with City Attorney pursuant to Government Code Section 54956.9(b) and (c) to decide whether to initiate litigation on behalf of the City and the Temecula Financing Authority. With respect to such matter, the City Attorney has determined that based on existing facts and circumstances a point has been reached where there is a significant exposure to litigation involving the City and Authority and a need to determine whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:00 P.M., Mayor Washington called the Closed Session meeting to order. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Chuck Washington Prelude Music: Serena Sepersky Invocation: Pastor Charles Patmon of Great Oaks Apostolic Church Flag Salute: Council Member Roberts 1 ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Autism Awareness Month Proclamation Elsinore Murrieta Anza Resource Conservation District Environment Award Presentation Certificate of Achievement to Anthony Pena for attaining the rank of Eagle Scout Asthma Awareness Month Proclamation PUBLIC COMMENTS • Sally Kirby • Rosie Vanderhaak • Nelsy Rodriguez • Judy Zulfigar • Mark Katan CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. 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 Roberts abstained) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with Council Member Roberts abstaining. RECOMMENDATION: 2.1 Approve the action minutes of April 10, 2012. 3 List of Demands - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: 2 RESOLUTION NO. 12-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Review and Approval of Conflict of Interest Code for the Successor Agency to the Temecula Redevelopment Agency - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 12-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CONFLICT OF INTEREST CODE CONTAINING DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES FOR THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY 5 Approval of Cooperative Agreement for advance and reimbursement of administrative, overhead, and other expenses by and between the City of Temecula and the Successor Agency to the Temecula Redevelopment Agency - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 12-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE COOPERATIVE AGREEMENT FOR ADVANCE AND REIMBURSEMENT OF ADMINISTRATIVE, OVERHEAD, AND OTHER EXPENSES BY AND BETWEEN THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AND THE CITY OF TEMECULA AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 6 Purchase of 50 Computer Workstations — Continued off calendar RECOMMENDATION: 6.1 Authorize the purchase of 50 Hewlett Packard 8200 computer workstations in the amount of $43,158.74 with CDW-Government, including applicable tax and shipping charges. 7 Grants of Access Easement and Temporary Construction Easement to Rancho California Water District for Installation of a Groundwater Monitoring Well (located adjacent to Temecula Creek Trail Park) - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. 3 RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 12-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT OF ACCESS EASEMENT AND A GRANT OF TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF TEMECULA AND RANCHO CALIFORNIA WATER DISTRICT IN CONNECTION WITH A PROPOSED GROUNDWATER MONITORING WELL LOCATED ADJACENT TO TEMECULA CREEK TRAIL PARK 7.2 Direct the City Clerk to forward the approved Grant of Access Easement and Grant of Temporary Construction Easement to Rancho California Water District for their acceptance and recordation. 8 Acceptance of Improvements and Notice of Completion for the Pavement Rehabilitation Program — Margarita Road Project 1, PW10-08 - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Accept the construction of the Pavement Rehabilitation Program, Margarita Road Project 1, PW10-08, as complete; 8.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 8.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 9 Construction Contract for the Pavement Rehabilitation Program — Ynez Road, PW10-14 - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Accelerate the appropriation of $2,500,000 from Fiscal Year 2012-13 appropriations to cover construction, administration, and construction engineering costs; 9.2 Award a construction contract for the Pavement Rehabilitation Program — Ynez Road, PW10-14 to EBS General Engineering, Inc. in the amount of $2,082,110; 9.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $208,211, which is equal to 10% of the contract amount; 4 9.4 Make a finding that the Pavement Rehabilitation Program — Ynez Road is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 10 Construction Contract for the Citywide Slurry Seal Project Fiscal Year 2011-12, PW11-09 — Continued off calendar RECOMMENDATION: 10.1 Approve the transfer of the balance of Proposition 1B funds from Road and Storm Drain Repair at Rancho California Road ($37,995); Road Reconstruction at Jedediah Smith Road, Cabrillo Avenue, and Vallejo Avenue ($19,163); and Citywide Slurry Seal Project Fiscal Year 2009-10 ($202,358), totaling $259,516, to the Citywide Slurry Seal Project Fiscal Year 2011-12, PW11-09; 10.2 Award the construction contract for the Citywide Slurry Seal Project Fiscal Year 2011-12, PW11-09, portions of Paseo Del Sol, California Sunset, Rainbow Canyon, and Starlight Ridge areas, to American Asphalt South, Inc. in the amount of $700,791.50; 10.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $70,079.15, which is equal to 10% of the contract amount; 10.4 Make a finding that the Citywide Slurry Seal Project Fiscal Year 2011-12 Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 11 Agreement for Professional Geotechnical, Material Testing, and Special Inspection Services for the Citywide Slurry Seal Project Fiscal Year 2011-12, PW11-09 - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: Approve an Agreement with LaBelle -Marvin, Inc. to provide professional geotechnical, material testing, and special inspection services associated with the Citywide Slurry Seal Project Fiscal Year 2011-12, portions of Paseo Del Sol, California Sunset, Rainbow Canyon, and Starlight Ridge areas, PW11-09, in the amount of $54,985; 11.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $5,498.507, which is equal to 10% of the Agreement. 12 Plans and Specifications for the Citywide Concrete Repairs — Fiscal Year 2011-12, PW12-07- Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs — Fiscal Year 2011-12, PW12-07. 5 CITY COUNCIL BUSINESS 22 Community Opinion Survey — Received and filed. RECOMMENDATION: 22.1 Receive and file presentation and analysis of Community Opinion Survey results. DEPARTMENTAL REPORTS 23 Planning Department Monthly Report 24 City Council Travel/Conference Report — March 2012 25 Public Works Department Monthly Report 26 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported no action under the Brown Act. In respect to Item No. 1 and No. 2, no final action will be taken on either property until it comes back to Council for consideration in open session. With respect to Item No. 3, Council direction was given to the office of Richards, Watson and Gershon. Neither Mayor Washington nor Councilmember Comerchero participated and were riot present as both have real property interests within the CFD in question or adjacent to it. ADJOURNMENT At 8:58 P.M., the City Council meeting was formally adjourned to Tuesday, May 8, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 6 Chuck Washington, Mayor Item No. 3 Approvals City Attorney Director of Finance City Manager gtd CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: May 8, 2012 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- 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: 1. Resolution 2. List of Demands RESOLUTION NO. 12- 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 $4,071,657.67. 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 8th day of May 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of May 2012, 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 04/12/2012 TOTAL CHECK RUN $ 1,089,971.94 04/19/2012 TOTAL CHECK RUN 2,566,646.92 04/12/2012 TOTAL PAYROLL RUN: 415,038.81 TOTAL LIST OF DEMANDS FOR 05/08/2012 COUNCIL MEETING: $ 4,071,657.67 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 2,543,261.30 130 RECOVERY ACT JAG FUNDING 10,066.87 150 AB 2766 FUND 1,636.10 165 AFFORDABLE HOUSING 33,751.39 170 MEASURE A FUND 32,607.43 190 TEMECULA COMMUNITY SERVICES DISTRICT 338,965.28 192 TCSD SERVICE LEVEL B 76,659.35 194 TCSD SERVICE LEVEL D 1,144.28 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 9,276.38 197 TEMECULA LIBRARY FUND 4,704.08 210 CAPITAL IMPROVEMENT PROJECTS FUND 441,660.10 300 INSURANCE FUND 14,012.28 320 INFORMATION TECHNOLOGY 40,126.12 330 SUPPORT SERVICES 8,040.38 340 FACILITIES 20,880.42 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 5,366.94 477 CFD- RORIPAUGH 147.00 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1,518.37 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,795.16 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 1,709.06 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 288.27 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,667.07 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 819.69 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 778.44 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 5,777.78 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 251.88 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 338.50 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 92.85 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 4,117.27 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 2,520.75 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 697.57 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 559.90 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,088.85 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 97.14 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 4,509.87 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,218.76 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 6,134.31 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 12,294.09 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 217.15 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 362.55 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 6,697.92 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,842.39 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 77.94 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 409.89 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 10,310.80 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 124.20 700 CERBT CALIFORNIA EE RETIREE-GASB45 4,994.74 $ 3,656,618.86 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 239,087.88 165 AFFORDABLE HOUSING 11,440.75 190 TEMECULA COMMUNITY SERVICES DISTRICT 98,120.54 192 TCSD SERVICE LEVEL B 365.89 194 TCSD SERVICE LEVEL D 1,655.82 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 972.69 197 TEMECULA LIBRARY FUND 1,224.88 300 INSURANCE FUND 1,368.59 320 INFORMATION TECHNOLOGY 19,734.83 330 SUPPORT SERVICES 5,640.42 340 FACILITIES 11,146.84 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 79.41 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 53.24 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 63.10 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 11.56 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 128.20 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 23.30 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 32.91 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 217.75 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.69 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 9.89 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.00 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 145.23 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 30.94 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 17.78 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 15.60 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 36.31 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 2.96 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 134.66 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 71.89 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 195.07 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 330.42 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.19 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 8.67 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 185.78 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 59.95 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.69 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 8.67 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 273.87 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 4.84 700 CERBT CALIFORNIA EE RETIREE-GASB45 22,119.11 415,038.81 TOTAL BY FUND: $ 4,071,657.67 apChkLst Final Check List Page: 1 04/12/2012 3:49:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1901 04/12/2012 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 7,865.38 7,865.38 1902 04/12/2012 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 131,504.59 131,504.59 RETIREMENT) 1903 04/12/2012 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 14,426.92 14,426.92 SOLUTION 1904 04/12/2012 000283 INSTATAX (IRS) Federal Income Taxes Payment 75,785.58 75,785.58 1906 04/12/2012 000444 INSTATAX (EDD) State Disability Ins Payment 21,639.27 21,639.27 1907 04/12/2012 010349 CALIF DEPT OF CHILD Support Payment 738.45 738.45 SUPPORT 1908 04/12/2012 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,598.18 2,598.18 SOLUTION 1909 04/12/2012 000245 PERS-HEALTH INSUR PERS Health Admin Cost Payment 79,621.36 PREMIUM Blue Shield HMO Payment 0.00 79,621.36 151345 04/12/2012 003552 AFLAC AFLAC Cancer Payment 3,065.74 3,065.74 151346 04/12/2012 011347 A F S INC vehicle cleaning: pw maint 540.10 540.10 151347 04/12/2012 004918 A W DIRECT INC Fire equipment: Fire Stn 84 1346 13.46 151348 04/12/2012 013367 ACTIVE MICRO INC MISC TOOLS: PW TRAFFIC 774.71 774.71 151349 04/12/2012 008552 ADKINS DESIGN CONSULTING Mar graphic design svc: Theater 1,859.07 1,859.07 151350 04/12/2012 014531 ALLEN EMBROIDERY SERVICE Uniforms: B&S Dept 434.23 434.23 151351 04/12/2012 008714 ALPHA CORP SIRE training: Matthews, Aaron 50.00 50.00 151352 04/12/2012 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 508.56 (AFN) DUI & drug screenings: Police 296.66 805.22 151353 04/12/2012 000936 AMERICAN RED CROSS misc lifeguard supplies:aquatics 1,414.95 1,414.95 Pagel apChkLst Final Check List Page: 2 04/12/2012 3:49:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 151354 04/12/2012 013950 AQUA CHILL OF SAN DIEGO Mar drinking water: police 26.94 26.94 151355 04/12/2012 004623 AQUA SOURCE INC chlorine tablets: tes pool 1,534.90 1,534.90 151356 04/12/2012 014715 BEARCATVVAREHOUSE, INC. Fire Scanner- BC ofc 255.00 255.00 151357 04/12/2012 002541 BECKER CONSTRUCTION gate repair: empire creek outlet 6,445.00 6,445.00 SRVS INC 151358 04/12/2012 004040 BIG FOOT GRAPHICS shirts: teen nite egg hunt 411.00 entertainment: PBSP Egg Hunt 300.00 t -shirts: aquatics pgrm 795.00 TCSD instructor earnings 1,071.00 2,577.00 151359 04/12/2012 004262 BIO-TOX LABORATORIES DUI & drug screenings: Police 1,238.71 DUI & drug screenings: Police 342.00 1,580.71 151360 04/12/2012 014284 BLAKELY'S TRUCK SERVICE vehicle maint: pwmaint 329.28 vehicle maint: pw maint 924.49 1,253.77 151361 04/12/2012 014329 BOOK WHOLESALERS, INC (1) BOOK: LIBRARY 1848 (13) BOOKS: LIBRARY 254.68 (10) BOOKS: LIBRARY 187.43 460.59 151362 04/12/2012 014299 BOOKS ON TAPE (1) BOOK ON TAPE: LIBRARY 28.28 28.28 151363 04/12/2012 010576 BOYS & GIRLS CLUB OF refund:overpmt of field trip:Pennypickle 33.50 33.50 151364 04/12/2012 000128 BROWN & BROWN INSURANCE Ins #6304168X28A Travelers:Property 108.00 BA6072X147 bus auto ins 2/26-2/26/13 130.00 238.00 151365 04/12/2012 014210 BROWNE, BORTZ & Feb cnslt: RDA 950.00 950.00 CODDINGTON INC 151366 04/12/2012 006908 C C & COMPANY INC deposit: cultural festival 5/5 97.50 97.50 151367 04/12/2012 004248 CALIF DEPT OF Feb DUI & drag screenings:police 1,505.00 1,505.00 JUSTICE-ACCTING 151368 04/12/2012 004228 CAMERON WELDING SUPPLY helium tank refills: recreation 58.15 helium tank refills: recreation 58.15 helium tank refills: recreation 54.85 171.15 151369 04/12/2012 010514 CAMPINI'S ITALIAN DELI Citizen emerg. responsetmg 4/14-15 722.55 722.55 Page2 apChkLst Final Check List Page: 3 04/12/2012 3:49:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 151370 04/12/2012 006114 CASEY, MARGIE Reimb:Permitting software mtgs 4/10-12 146.99 146.99 151371 04/12/2012 014726 CHAPTER 13 STANDING SUPPORT PMT 182.77 182.77 TRUSTEE 151372 04/12/2012 004405 COMMUNITY HEALTH Community Health Charities Payment 51.00 51.00 CHARITIES 151373 04/12/2012 000442 COMPUTER ALERT SYSTEMS alarm repair svc: tcc 80.00 80.00 151374 04/12/2012 013286 CONN EXON TELECOM INC Mar Enterprise 911 Svc:IT 385.00 385.00 151375 04/12/2012 002945 CONSOLIDATED ELECTRICAL misc electrical supplies: Theater 208.13 DIST. misc electrical supplies: civic ctr misc electrical supplies: Library misc electrical supplies: civic ctr misc electrical supplies: civic ctr misc electrical supplies: pkg garage tree light wiring: town square 151376 04/12/2012 014521 COSTAR GROUP Apr Website subscription:Eco Dev INFORMATION, INC 151377 04/12/2012 001264 COSTCO WHOLESALE 151378 04/12/2012 010650 CRAFTSMEN PLUMBING & HVAC INC 58.19 5.93 184.25 331.87 478.41 4,455.46 5,722.24 348.00 348.00 Shelving:Eco Dev 720.99 MISC SUPPLIES: ART SHOW RECEPTIOf 158.34 879.33 restrooms floor repair: CRC 27,284.58 plumbing drain repair: CRC 17,400.00 hvac svcs: crc rehab 4,030.00 48,714.58 151379 04/12/2012 001393 DATA TICKET, INC. Feb parking citation svcs: police 1,605.97 1,605.97 151380 04/12/2012 012614 DBX, INC. Install dual meter svc cabinets:pw 10,000.00 10,000.00 151381 04/12/2012 008943 DEPT OF GENERAL SERVICES ALJ hours: 2011070520 92.00 92.00 (DGS) Pages apChkLst Final Check List Page: 4 04/12/2012 3:49:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 151382 04/12/2012 004192 DOWNS COMMERCIAL FUELING INC Description Amount Paid Check Total Fuel for City vehicle:city pool veh 49.57 Fuel for City vehicles: PW Id/cip/npdes Fuel for City vehicles: PW Id/npdes Fuel for City vehicles: PW Maint Fuel for City vehicles: PW Traffic Fuel for City vehicles:Police Fuel for City vehicles:TCSD Fuel for City vehicles:TCSD Fuel for City vehicles:B&S Fuel for City vehicles:Code Enf 151383 04/12/2012 005880 EDGE DEVELOPMENT INC.- C/0 release stp ntc: Lozano Caseworks release stp ntc: Countywide DEC CONST: CIVIC CENTER stop notice: Lozano Caseworks release stp ntc: James Spry release stp ntc: S English release stp ntc: Cass Const stop notice: AAA Rooting by Gene 151384 04/12/2012 011202 EMH SPORTS & FITNESS TCSD instructor earnings INSTITUTE 151385 04/12/2012 011203 ENVIRONMENTAL CLEANING Mar janitorial svcs: pd old town ofc 151386 04/12/2012 003665 EXCEL COMMERCIAL Mar long distance phone svcs 151387 04/12/2012 001056 EXCEL LANDSCAPE irrigation repairs: harveston park irrigation repairs: margarita park irrigation repairs: nicolas park landscape maint: town square landscape maint: old town irrigation repairs: vail ranch irrigation repairs: vail ranch slope monument wall repairs: vail ranch irrigation repairs: villages IRRIGATION REPAIRS: VILLAGES irrigation repairs: sports park 151388 04/12/2012 014768 FALLEN OFFICERS FUND SoCal Gang Conf 5/29-31 Dep. Brosche 151389 04/12/2012 009953 FEDERAL CLEANING JANITORIAL SRVCS:POLICE MALL CONTRACTORS OFFICE - 306.28 169.34 1,712.63 555.76 84.81 375.78 2,375.01 249.42 446.18 6,324.78 32,483.75 82,587.50 24,487.00 -32,483.75 1,465.70 2,404.98 59,980.23 -75,527.06 95,398.35 693.00 693.00 571.86 571.86 55.32 55.32 371.28 103.94 129.57 144.00 128.00 166.46 671.43 168.09 109.91 134.41 297.53 2,424.62 80.00 80.00 625.00 625.00 Page4 apChkLst Final Check List Page: 5 04/12/2012 3:49:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 151390 04/12/2012 003347 FIRST BANKCARD CENTER 003698 RIVERSIDE CO ECONOMIC GY mtg:3rd dist econ dv forum 3/21 35.00 006952 PAYPAL JC mtg:3rd dist econ dv forum 3/21 35.00 007028 AMERICAN AIRLINES JC bag fees:NLC cf Wash DC 3/9-3/13 25.00 007028 AMERICAN AIRLINES JC bag fees:NLC cf Wash DC 3/9-3/13 25.00 014780 TRAVEL TRADERS JC meal:NLC cf Wash DC 3/9-3/13 27.81 006942 ONTARIO AIRPORT JC parking:NLC cf Wash DC 3/9-3/13 90.00 001256 MARRIOTT HOTEL JC htl:NLC cf Wash DC 3/9-3/13 1,188.53 JC credit: bank fees Feb '12 -7.22 1,419.12 151391 04/12/2012 014128 FOREST CITY DEVELOPMENT refund:Promenade mall expansion 15,131.34 15,131.34 151392 04/12/2012 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 151393 04/12/2012 009097 FULL COMPASS SYSTEMS MISC SUPPLIES: THEATER 25.05 MISC SUPPLIES: THEATER 56.64 MISC SUPPLIES: THEATER 40.80 122.49 151394 04/12/2012 007866 G C S SUPPLIES INC Toner & Ink cartridges:info tech 241.36 241.36 151395 04/12/2012 003946 G T ENTERTAINMENT DJ/MC svcs: Egg Hunt 550.00 550.00 151396 04/12/2012 001937 GALLS INC retumed: pepper spray holders -269.89 uniforms: pd traffic unit 409.43 uniform svcs: police volunteers 16.81 Uniforms:PD Traffic unit 1,050.56 Volunteer uniforms: Police 46.82 Volunteer uniforms: Police 4.26 Volunteer uniforms: Police 215.50 1,473.49 151397 04/12/2012 013552 GANDS PRODUCTIONS LLC Settlement:Country...Merc 4/7 663.75 663.75 151398 04/12/2012 014773 GARDENA, CITY OF reg: LE/Social Ntwk (6) deputies 390.00 390.00 151399 04/12/2012 010270 GATES, ANDREW JODY entertainment:Bluegrass Festival 700.00 700.00 151400 04/12/2012 013076 GAUDET, YVONNE M. TCSD instructor earnings 931.00 931.00 151401 04/12/2012 009608 GOLDEN VALLEY MUSIC sttlmnt: Magnifcat! 4/7/12 1,401.38 1,401.38 SOCIETY Pages apChkLst Final Check List Page: 6 04/12/2012 3:49:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 151402 04/12/2012 014405 GORM INCORPORATED 151403 04/12/2012 005157 GUERRIERO, RON 151404 04/12/2012 005311 H2O CERTIFIED POOL WATER SPCL. 151405 04/12/2012 001517 HEALTH &HUMAN RESOURCE CTR 151406 04/12/2012 012204 HERITAGE FAMILY MINISTRIES 151407 04/12/2012 003198 HOME DEPOT, THE 151408 04/12/2012 003198 HOME DEPOT, THE 151409 04/12/2012 000194 IC MA RETIREMENT -PLAN 303355 151410 04/12/2012 004406 IGOE & COMPANY INC 151411 04/12/2012 012882 INFO USA SALES SOLUTION 151412 04/12/2012 013695 INLAND EMPIRE SHRED IT 151413 04/12/2012 006914 INNOVATIVE DOCUMENT SOLUTIONS 151414 04/12/2012 012883 JACOB'S HOUSE INC 151415 04/12/2012 004412 LEANDER, KERRY D. 151416 04/12/2012 013718 LEE, RICHARD M. Description Amount Paid Check Total custodial supplies: var park sites Reimb:ping comm mtg 4/4/12 Mar fountain maint: town square Mar fountain maint: civic center Mar pool maint: citywide APR EAP SVCS: HR TCSD Instructor Eamings TCSD Instructor Eamings fire rescue equipment: TCC fire rescue equipment: TCC ICMA Retirement Trust 457 Payment Marflex benefit plan pmt Feb flex benefit plan pmt Subsc:lnfogroup quarry reports 3/12 doc shred svc:pd substation PAPER & INK SUPPLIES -WIDE FORMAT PRINTER Canon Paper tray: Fire Jacob's House Charity Payment TCSD instructor earnings TCSD instructor earnings entertainment:bluegrass festival 151417 04/12/2012 014778 LENNAR HOMES - refund:Emery place at Harveston 2,259.46 54.96 175.00 500.00 900.00 664.40 2,100.00 350.00 698.11 695.10 8,466.08 200.00 290.00 2,000.00 15.00 525.56 317.86 140.00 476.00 1,102.50 650.00 2,259.46 54.96 1,575.00 664.40 2,450.00 698.11 695.10 8,466.08 490.00 2,000.00 15.00 843.42 140.00 1,578.50 650.00 1,728.61 1,728.61 Pages apChkLst Final Check List Page: 7 04/12/2012 3:49:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 151418 04/12/2012 003726 LIFE ASSIST INC Description Amount Paid Check Total Emergency medical supp: Medics Emergency medical supp: Medics Emergency medical supp: Medics Credit:Emergency medical supp:Medics Emergency medical supp: Medics 151419 04/12/2012 013686 M T I TECH PRODUCTS INC Toner & ink cartridges:info tech 1.53 941.44 724.72 -117.65 71.56 1,621.60 9,122.12 9,122.12 151420 04/12/2012 003782 MAIN STREET SIGNS MISC STREET SIGNS-STONEWOOD, 103.44 SELBY MISC STREET SIGNS -WORTHINGTON, B 103.44 206.88 151421 04/12/2012 004141 MAINTEX INC Misc cleaning supplies:citywide 1,839.32 1,839.32 151422 04/12/2012 000217 MARGARITA OFFICIALS ASSN Mar officiating srvcs:softball sports 5,112.00 5,112.00 151423 04/12/2012 014536 MARKEN, KERI E. Mar cataloging srvcs:History Museum 1,960.00 1,960.00 151424 04/12/2012 014392 MC COLLOUGH, JILL DENISE Plant rental & maint:Library 200.00 151425 04/12/2012 014774 MEDRANO, RITA 151426 04/12/2012 003076 MET LIFE INSURANCE COMPANY 151427 04/12/2012 000973 MIRACLE RECREATION EQUIPMENT 151428 04/12/2012 001214 MORNINGSTAR PRODUCTIONS, LLC 151429 04/12/2012 006745 MUNICIPAL MAINTENANCE 151430 04/12/2012 009337 NOLTE ASSOCIATES INC 151431 04/12/2012 002139 NORTH COUNTY TIMES Plant rental & maint:Civic Ctr refund:court filing fee:prkg cite 81316 MetLife Dental Insurance Payment PLAYGROUND EQUIP: REAGAN SPORTS PARK Equip & tech srvcs:bluegrass festival Veh repair & maint:pw patch truck 11/27-12/31/11 eng srvcs:Ped Bridge Mar legal ntcs: City Clerk/Pln/PW Mar recruitment advertising:HR 151432 04/12/2012 010167 ODYSSEY POWER HVAC REPAIRS:WEST WING CORPORATION 525.00 725.00 25.00 25.00 7,056.66 7,056.66 1,952.90 1,952.90 6,749.72 6,749.72 977.68 977.68 2,383.36 2,383.36 1,146.96 1,779.00 2,925.96 778.78 778.78 Page:7 apChkLst Final Check List Page: 8 04/12/2012 3:49:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 151433 04/12/2012 003964 OFFICE DEPOT BUSINESS SVS DIV 151434 04/12/2012 002105 OLD TOWN TIRE &SERVICE Description Amount Paid Check Total MISC SUPPLIES:CHILDRENS MUSEUM 206.45 Misc supplies:PD Old Town Office MISC SUPPLIES:PD MALL OFFICE Printing srvcs:city business cards CITY VEHICLE MAINT SVCS:PW MAINT CITYVEHICLE MAINT SVCS:PW TRAFFIC CITYVEHICLE MAINT SVCS:PW TRAFFIC 151435 04/12/2012 014092 P & P HARDWARE EXPLORER SHIRTS: STN 84 151436 04/12/2012 002734 P V P COMMUNICATIONS INC COMMUNICATION ACCESSORIES:POLICE 152.84 14.21 121.01 304.39 36.27 742.99 573.54 789.44 494.51 1,083.65 573.54 789.44 151437 04/12/2012 006653 PLAYPOWER LT FARMINGTON playground equip: reagan sports park 1,107.70 1,107.70 151438 04/12/2012 010338 POOL & ELECTRICAL Misc supplies:city fountains 217.74 217.74 PRODUCTS INC 151439 04/12/2012 005820 PRE -PAID LEGAL SERVICES PrePaid Legal Services Payment 221.25 221.25 INC 151440 04/12/2012 010491 PRIORITY MAILING SYSTEMS Postage meter supplies:central svcs 251.35 251.35 INC. 151441 04/12/2012 012904 PRO ACTIVE FIRE DESIGN Mar plan check srvcs:fire prevention 5,953.61 5,953.61 151442 04/12/2012 004529 QUAID TEMECULA MAR VEH REPAIR & MAINT:POLICE 595.03 595.03 HARLEY-DAVIDSON 151443 04/12/2012 000262 RANCHO CALIF WATER Mar var water meters:TCSD svc lev C 13,596.01 DISTRICT 151444 04/12/2012 002110 RENTAL SERVICE CORPORATION 151445 04/12/2012 014776 REYES, EVELYN Mar var water meters: Fire Stns Mar var water meters:TCSD & PW Mar var water meters:TCSD Fac Mar Floating meter- comm:PW Mar var water meters:28640 Pujol St EQUIP RENTAL & MAINT:PW MAINT EQUIP RENTAL & MAINT:PW MAINT refund:sec dep:rm rental:TCC 151446 04/12/2012 000411 RIVERSIDE CO FLOOD Feb '12 permit fees:Ped Bridge CONTROL 535.97 1,208.22 2,822.72 294.61 7.38 27.43 42.94 150.00 18,464.91 70.37 150.00 777.22 777.22 Pages apChkLst 04/12/2012 3:49:11PM Final Check List CITY OF TEMECULA Page: 9 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 151447 04/12/2012 013827 RYAN MONTELEONE EXCAVATION INC 151448 04/12/2012 007582 SAFEGUARD DENTAL & VISION 151449 04/12/2012 014777 SARKIS CONCEPTS, INC. 151450 04/12/2012 014775 SEARS, TERESKA M. 151451 04/12/2012 008529 SHERIFFS CIVIL DIV - CENTRAL 151452 04/12/2012 008529 SHERIFFS CIVIL DIV CENTRAL 151453 04/12/2012 009213 SHERRY BERRY MUSIC 151454 04/12/2012 000645 SMART & FINAL INC 151455 04/12/2012 000537 SO CALIF EDISON 151456 04/12/2012 000519 SOUTH COUNTY PEST CONTROL INC 151457 04/12/2012 012652 SOUTHERN CALIFORNIA (Continued) Description Amount Paid Check Total Channel clean-out:Via Lobo SafeGuard Vision Plan Payment refund:req to w/d appl:PA11-0280 refund:sec dep:rm rental:TCC SUPPORT PMT SUPPORT PMT Jazz © the Merc 04/05/12 Misce supplies:Art Show Receptions Mar 2-25-350-5119:45602 Redhawk Mar 2-10-331-2153:28816 Pujol St Mar 2-20-798-3248:Childrens Museum Mar 2-31-404-6020:28771 OT Frnt St Mar 2-01-202-7603:Arterial STLT Apr 2-01-202-7330:var LS -1 Allnite Mar 2-29-479-2981:31454 Tem pkwy TCI Mar 2-29-974-7899:26953 Ynez LS -3 Mar 2-31-031-2590:28301 Rancho Cal Mar 2-31-536-3226:28690 Mercedes HM2 Mar 2-05-791-8807:31587 Tem pkwy LS3 Mar 2-00-397-5067:TCSD svc lev C Mar 2-30-066-2889:30051 Rancho vista Mar 2-30-608-9384:28582 Harveston Mar 2-27-805-3194:42051 Main St Mar 2-02-351-5281:30875 Rancho vista pest control srvcs: rrsp 3/27 Pest control services: sp08 pbsp, place Apr gen usage:0141,0839,2593,9306 151458 04/12/2012 000293 STADIUM PIZZA INC Refreshments:Teen Egg Hunt 3/30 37,968.75 632.91 3,565.00 150.00 100.00 100.00 545.00 563.21 22.03 652.86 773.87 1,382.50 27,773.22 76,326.43 100.95 194.55 44.87 1,351.79 9,962.69 2,012.62 22.16 425.70 3,015.60 2,330.92 94.00 70.00 478.90 37,968.75 632.91 3,565.00 150.00 100.00 100.00 545.00 563.21 126,392.76 164.00 478.90 65.87 65.87 Page9 apChkLst Final Check List Page: 10 04/12/2012 3:49:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 151462 04/12/2012 007762 STANDARD INSURANCE COMPANY 151463 04/12/2012 012723 STANDARD INSURANCE COMPANY 151464 04/12/2012 002015 STAR WAY PRODUCTIONS 151465 04/12/2012 014420 STEVE SPANGLER, INC. 151466 04/12/2012 003840 STRONGS PAINTING 151467 04/12/2012 000305 TARGET BANK BUS CARD SRVCS Description Amount Paid Check Total Mandatory Life Insurance Payment Voluntary Supp Life Insurance Payment Purch & install amplifers:Old Town equip & audio srvcs: rod run 3/9-10 Recreation supplies:Childrens Museum Painting srvcs: CRC rehab Misc supplies:MPSC Misc supplies:Childrens Museum Misc supplies:Childrens Museum ARTIST HOSPITALITY:THEATER Misc supplies:Conf Center Misc supplies:Spring Egg Hunt 151468 04/12/2012 001547 TEAMSTERS LOCAL 911 Union Dues Payment 151469 04/12/2012 012265 TEMECULA ACE HARDWARE Hardware supplies: Sta 92 C/O 151470 04/12/2012 011736 TEMECULA TROPHY INC Council Chamber title plate Council dais nameplate inserts:GW/MB Nameplates: Oversight Board 8,777.20 8,777.20 800.50 800.50 8,120.70 1,345.00 9,465.70 212.77 212.77 8,750.00 8,750.00 38.79 45.10 22.04 68.14 825.09 38.56 4,727.00 1,037.72 4,727.00 6.86 6.86 14.55 70.36 252.67 337.58 151471 04/12/2012 000668 TIMMY D PRODUCTIONS INC DJ & equip:spring egg hunts 4/7 700.00 DJ & equip:teen egg hunt 3/30 400.00 1,100.00 151472 04/12/2012 014689 TOTH, STEPHEN F. Entertainment:bluegrass festival 3/17 250.00 250.00 151473 04/12/2012 014779 TOWN CENTER CLEANERS laundry& press exhibit table covers 75.00 75.00 151474 04/12/2012 010533 U H S OF DELAWARE, INC. refund:eng grad dep:Tem region. hospital 50,000.00 50,000.00 151475 04/12/2012 014413 U.S. DEPARTMENT OF SUPPORT PAYMENT 134.18 134.18 EDUCATION 151476 04/12/2012 007766 UNDERGROUND SERVICE Marundrgrnd svcs alerttickets:PW 196.50 196.50 ALERT Page:10 apChkLst Final Check List Page: 11 04/12/2012 3:49:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 151477 04/12/2012 000325 UNITED WAY 151478 04/12/2012 008977 VALLEY EVENTS INC 151479 04/12/2012 004789 VERIZON Description Amount Paid Check Total United Way Charities Payment Bunny chairs:2012 Egg Hunt 4/7 Apr SW DSL:PD:Jones, C. Apr Internet svcs:30600 Pauba Rd 51.00 51.00 105.00 105.00 39.95 0.08 40.03 151480 04/12/2012 004848 VERIZON SELECT SERVICES Mar long distance phone svcs 9.23 INC Mar long distance phone svcs 7.09 16.32 151481 04/12/2012 005458 VISTA PAINT CORPORATION Paint shaker:PW Maintenance 6,248.42 6,248.42 151482 04/12/2012 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES:CRC 102.61 102.61 151483 04/12/2012 003730 WEST COAST ARBORISTS INC 3/1-15/12 TREE TRIMMING SRVCS:PW 37,787.00 MAINT tree trimming/removal:presley slopes 784.00 38,571.00 151484 04/12/2012 000621 WESTERN RIVERSIDE Mar '12 TUMF Payment 62,111.00 62,111.00 COUNCIL OF 151485 04/12/2012 008402 WESTERN RIVERSIDE Mar '12 MSHCP payment 65,352.45 65,35245 COUNTY 151486 04/12/2012 000341 WILLDAN ASSOCIATES INC Nov engineering srvcs:pw traffic 3,672.76 3,672.76 151487 04/12/2012 006290 WOODCREST VEHICLE Repair motorcycle radio:police 136.16 136.16 CENTER Grand total for UNION BANK OF CALIFORNIA: 1,089,971.94 Pagel 1 apChkLst Final Check List Page: 12 04/12/2012 3:49:11PM CITY OF TEMECULA 148 checks in this report. Grand Total All Checks. 1,089,971.94 Page:12 apChkLst Final Check List Page: 1 04/19/2012 2:34:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 151488 04/19/2012 004594 2 HOT ACTIVEWEAR uniforms: PD motorcycle unit 269.50 269.50 151489 04/19/2012 002786 4N6XPRT SYSTEMS expert autostats software: PD 230.00 230.00 151490 04/19/2012 004918 A W DIRECT INC fire equipment: Stn 84 13.46 13.46 151491 04/19/2012 014531 ALLEN EMBROIDERY SERVICE (8) embroidered logos: tcsd 80.00 80.00 151492 04/19/2012 012943 ALPHA MECHANICAL SERVICE hvac repair: pbsp snackbar 200.00 200.00 INC 151493 04/19/2012 013015 ALWAYS RELIABLE backflow repairs: slopes 2,844.50 2,844.50 BACKFLOW 151494 04/19/2012 004422 AMERICAN BATTERY signal batteries: pw traffic 68.53 68.53 CORPORATION 151495 04/19/2012 004240 AMERICAN FORENSIC NURSES May stand by fee: Police 1,248.00 1,248.00 (AFN) 151496 04/19/2012 000747 AMERICAN PLANNING 12/13 APA mb: Peters, Matt 475.00 475.00 ASSOCIATION 151497 04/19/2012 002187 ANIMAL FRIENDS OF THE Jan animal control svcs 10,000.00 10,000.00 VALLEYS 151498 04/19/2012 004623 AQUA SOURCE INC Pool Test Reagents: Aquatics 89.35 89.35 151499 04/19/2012 011961 AT&T MOBILITY Mar Trip wire:graffitti:Police 137.24 137.24 151500 04/19/2012 012938 B & T WORKS INC stop notice: Robertson's -51,019.03 stop notice: Robertson's -859.25 stop notice: Robertson's -1,134.38 release stop notice: Robertson's 1,250.45 release stop notice: Robertson's 51,019.03 release stop notice: Robertson's 1,752.37 release stop notice: Robertson's 859.25 release stop notice: Robertson's 1,134.38 stop notice: Robertson's -1,240.03 release stop notice: Robertson's 1,240.03 release retention: PW11-03 34,139.19 37,142.01 Pagel apChkLst Final Check List 04/19/2012 2:34:39PM CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 151501 04/19/2012 000475 B N I PUBLICATIONS INC 151502 04/19/2012 006690 BEST WESTERN 151503 04/19/2012 004040 BIG FOOT GRAPHICS 151504 04/19/2012 005716 BIRTH CHOICE OF TEMECULA INC 151505 04/19/2012 008605 BONTERRA CONSULTING 151506 04/19/2012 014329 BOOK WHOLESALERS, INC 151507 04/19/2012 014433 BOWCON COMPANY, INC 151508 04/19/2012 006908 C C & COMPANY INC 151509 04/19/2012 002363 C C PO A 151510 04/19/2012 012878 C S OFFICE INTERIORS 151511 04/19/2012 003138 CAL MAT 151512 04/19/2012 000924 CALIF ASSOC OF PUBLIC 151513 04/19/2012 000924 CALIF ASSOC OF PUBLIC 151514 04/19/2012 004248 CALIF DEPT OF J USTICE-ACCTING 151515 04/19/2012 003775 CHAPARRAL HIGH SCHOOL (Continued) Description Code Books: Fire Prevention htl:gang cf 5/29-31 Dep Brosche TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings shirts: '12 youth innovation conf Community Service Funding 11/12 2/10-3/9 CNSLT: RRSP DESILTING BASIN (8) BOOKS: LIBRARY (7) BOOKS: LIBRARY Feb const: ped/bicycle bridge dep: facepainting summer concerts dep: facepainting movies in park '12 Comm cf Clsbd:Salazar/Thomas ergonomic supplies: Matthews, A PW PATCH TRUCK MATERIALS PW PATCH TRUCK MATERIALS PW PATCH TRUCK MATERIALS PW PATCH TRUCK MATERIALS PW PATCH TRUCK MATERIALS 12/13 CAPPO mb: BilbyNollmuth cip/pw const trn SD:Vollmuth/Bilby DUI & drug screenings: police DUI & drug screenings: police every 15 min: screens/panels rental 151516 04/19/2012 000137 CHEVRON AND TEXACO City vehicles fuel: Police Amount Paid Check Total 178.96 222.92 630.00 630.00 280.00 1,100.00 1,000.00 1,073.24 161.02 140.22 38,654.55 500.00 125.00 40.00 609.52 2,909.91 450.81 578.81 76.95 1,542.55 260.00 70.00 35.00 175.00 425.00 178.96 222.92 2,640.00 1,000.00 1,073.24 301.24 38,654.55 625.00 40.00 609.52 5,559.03 260.00 70.00 210.00 425.00 2,328.59 2,328.59 Page:2 apChkLst 04/19/2012 2:34:39PM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 151517 04/19/2012 002945 CONSOLIDATED ELECTRICAL DIST. 151518 04/19/2012 012353 CONSTRUCTION TESTING 151519 04/19/2012 001264 COSTCO WHOLESALE 151520 04/19/2012 014501 COUNTYWIDE MECHANICAL SYSTEMS 151521 04/19/2012 010650 CRAFTSMEN PLUMBING & HVAC INC 151522 04/19/2012 013560 CROWN BUILDING MAINT CO INC 151523 04/19/2012 014791 DEJESUS, SONIA 151524 04/19/2012 003945 DIAMOND ENVIRONMENTAL SRVCS 151525 04/19/2012 002390 EASTERN MUNICIPAL WATER DIST 151526 04/19/2012 014419 ELLIOTT, MICHAEL G. 151527 04/19/2012 011202 EMH SPORTS & FITNESS INSTITUTE 151528 04/19/2012 001056 EXCEL LANDSCAPE (Continued) Description misc electrical supplies: civic ctr misc electrical supplies: Theater misc electrical supplies: Library electrical supplies: var park sites electrical supplies: var park sites Dec geotech svcs: pave rehab Jan geotech svcs: pave rehab Dec geotech svcs: pave rehab Mar geotech svcs: ped/bike bridge Feb geotech svcs: ped/bike bridge Jan geotech svc:ped/bike bridge misc supplies: info tech spring isolators install: IT data room plumbing svcs: crc rehab deck repair: TES pool hvac boiler repair: TES pool plumbing repairs: theater MAR JANITORIAL SVCS: FLD OP CTR MAR JANITORIAL SVCS: CITY FACIL MAR JANITORIAL SVCS: HARVESTC MAR JANITORIAL SVCS: HARVESTC refund:sec dep:rm rental:TCC portable restrooms: rod run 3/9-12 Apr water meter:39656 Diego Dr Apr water meter:39569 Seraphina Rd Feb inspection svcs: Idscp const Mar inspection svcs: Idscp const TCSD instructor earnings Mar landscape maint:south slopes Mar landscape maint: parks Mar landscape maint: parks Mar landscape maint: medians Mar landscape maint: north slopes Amount Paid Check Total 92.13 53.88 192.33 261.67 193.95 5,860.00 7,281.00 220.00 1,155.00 2,202.00 1,759.00 223.46 10,899.05 8,854.00 350.00 143.45 2,400.00 763.80 4,077.02 131.84 233.96 400.00 152.33 51.80 80.22 3,075.00 2,375.00 462.00 34,844.87 50,935.88 47,825.10 16,469.70 19,749.97 793.96 18,477.00 223.46 10,899.05 11,747.45 5,206.62 400.00 152.33 132.02 5,450.00 462.00 169,825.52 Page:3 apChkLst Final Check List Page: 4 04/19/2012 2:34:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 151529 04/19/2012 014768 FALLEN OFFICERS FUND regist: sc gang cf Dep Gonzalez 151530 04/19/2012 010804 FEHR & PEERS ASSOCIATES JAN CNSLT: JEFFERSON CORRIDOR 151531 04/19/2012 011922 FIRST AMERICAN CORELOGIC Mar database subscr: Code Enf INC 151532 04/19/2012 012066 GEOCON WEST, INC 2/20-3/18 geotech svc: roripaugh 151533 04/19/2012 014332 GIBBS, KAREN M. theater performance: 4/27/12 151534 04/19/2012 000177 GLENNIES OFFICE PRODUCTS Office supplies: HR INC OFFICE SUPPLIES: PLANNING Office Supplies: TV Museum Office Supplies: Records Office Supplies: CRC Office Supplies: Info Tech Office Supplies: Info Tech Office supplies: PW 151535 04/19/2012 014436 GOLDEN ARROW truncated domes: civic center ENGINEERING, INC 151536 04/19/2012 000186 HANKS HARDWARE INC Hardware supplies: Harveston Park Hardware supplies: Parks Hardware supplies: Library Hardware supplies: parking garage Hardware supplies: Aquatics Hardware supplies: TCC Hardware supplies: Old Town Hardware supplies: Civc Ctr/OT Hardware supplies: Theater Hardware supplies: Ch Museum Hardware supplies: Civic Ctr Hardware supplies: PW Traffic Hardware supplies: B&S HARDWARE SUPPLIES: PW MAINT Hardware supplies: Fire 151537 04/19/2012 004188 HARRIS & ASSOCIATES pavement rehab: citywide 151538 04/19/2012 003106 HERITAGE SECURITY Mar security svc:harveston lake park SERVICES Amount Paid Check Total 100.00 100.00 4,993.43 4,993.43 27.50 27.50 7,865.00 7,865.00 1,000.00 1,000.00 542.24 194.48 139.75 14.31 36.39 365.58 20.46 89.82 1,403.03 10,000.00 10,000.00 263.58 615.41 120.77 9.69 230.91 18.31 38.23 484.52 103.07 48.29 31.94 185.14 11.08 212.42 358.56 1,577.00 2,731.92 1,577.00 1,408.00 1,408.00 Page:4 apChkLst Final Check List Page: 5 04/19/2012 2:34:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 151539 04/19/2012 008356 HORIZON MECHANICAL OF water heater maint: civic ctr CALIF 151540 04/19/2012 013695 INLAND EMPIRE SHRED IT 4/9 doc shred svcs: PD substation 4/9 doc shred svcs: PD mall ofc 4/9 doc shred svc: Library 4/9 doc shred svc: Civic Ctr 151541 04/19/2012 011228 INLAND PLANNING AND CONSULTING SRVCS:JEFFERSON DESIGN INC CORRIDOR - Amount Paid Check Total 1,964.00 1,964.00 15.00 15.00 15.00 50.00 95.00 3,900.00 3,900.00 151542 04/19/2012 006914 INNOVATIVE DOCUMENT Mar copier maint/usage: Library 529.57 SOLUTIONS Mar copier maint/usage: Citywide 3,091.68 3,621.25 151543 04/19/2012 012285 JOHNSTONE SUPPLY misc maint supplies: tcc 99.40 99.40 151544 04/19/2012 002531 KATY FM RADIO broadcast ads: winterfest 391.00 broadcast ads: winterfest 786.25 151545 04/19/2012 001091 KEYSER MARSTON Mar affordable housing cnslt:rda 6,044.56 ASSOCIATES INC 151546 04/19/2012 000548 KIPLINGER LETTER, THE '12 Kiplinger Ltr subscr:Naggar, M 99.00 151547 04/19/2012 013987 LAW OFFICES OF Feb legal svcs:row western bypass 1,218.50 151548 04/19/2012 004412 LEANDER, KERRY D. TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 840.00 252.00 525.00 819.00 1,177.25 6,044.56 99.00 1,218.50 2,436.00 151549 04/19/2012 003726 LIFE ASSIST INC MEDICAL SUPPLIES: PARAMEDICS 1.26 MEDICAL SUPPLIES: PARAMEDICS 269.33 270.59 151550 04/19/2012 013769 LIGHTSQUARED LP MAR SATTELITE PHONE SVC: FIRE 149.30 149.30 151551 04/19/2012 004813 M & J PAUL ENTERPRISES INC Jolly Jump:Egg Hunt rrsp 4/7 195.00 Jolly Jump:Egg Hunt harveston prk 417 195.00 390.00 151552 04/19/2012 014184 MALCOLM SMITH Veh repair & maint:police 347.77 347.77 MOTORCYCLES, INC 151553 04/19/2012 004803 MAPLOGIC CORPORATION Software maint:Info Tech 625.00 625.00 151554 04/19/2012 011179 MC MILLIN REDHAWK LLC Room rental: F/D Date Night 5/18/12 1,000.00 1,000.00 Page:5 apChkLst Final Check List Page: 6 04/19/2012 2:34:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 151555 04/19/2012 014719 MK PRESTIGE BUILDERS, INC. Mar progress pmt:crc roof 112,295.94 112,295.94 151556 04/19/2012 014727 MORRIS, LLOYD Performance:Bluegrass Festival 3/18 500.00 500.00 151557 04/19/2012 009443 MUNYON, DENNIS G. May -Jul license pmt:theater public prkg 2,375.00 2,375.00 151558 04/19/2012 002139 NORTH COUNTY TIMES Mar newspaper subscr:MPSC 28.60 28.60 151559 04/19/2012 014786 NORTH, KATHERINE MAY photography svc: exec staff 4/24 900.00 900.00 151560 04/19/2012 003964 OFFICE DEPOT BUSINESS SVS MISC OFFICE SUPPLIES:CENTRAL 42.62 42.62 DIV SRVCS 151561 04/19/2012 007042 ORANGE CO SHERIFF'S DEPT Basic Narcotics Invest. 6/18-29 BP/JR 240.00 240.00 151562 04/19/2012 013910 PACIFIC RESTORATION Mar const:rrsp desilting basin 9,700.78 9,700.78 GROUP INC 151563 04/19/2012 002800 PACIFIC STRIPING INC Street striping: citywide 148,945.60 148,945.60 151564 04/19/2012 002652 PAT & OSCARS RESTAURANT Refreshments:Every 15 Min Prgm 5/3 2,048.06 2,048.06 151565 04/19/2012 002652 PAT & OSCARS RESTAURANT Refreshments:Every 15 Min Prgm 5/2 351.69 351.69 151566 04/19/2012 004538 PAULEY EQUIPMENT Equip repair & maint:csd maint 422.80 422.80 COMPANY 151567 04/19/2012 014792 PENA, VALERIE refund:sec dep:rm rental:Harveston 200.00 200.00 151568 04/19/2012 013381 PEREZ, AARON TROY TCSD Instructor Earnings 315.00 TCSD Instructor Earnings 315.00 630.00 151569 04/19/2012 000249 PETTY CASH Petty Cash Reimbursement 767.82 767.82 151570 04/19/2012 003200 PIN CENTER, THE Pins for the State of the City 2012 1,075.00 1,075.00 151571 04/19/2012 010338 POOL & ELECTRICAL Pool supplies & chemicals:citywide 188.57 188.57 PRODUCTS INC 151572 04/19/2012 000254 PRESS ENTERPRISE Mar recruitment advertising:HR 750.50 750.50 COMPANY INC Page:6 apChkLst 04/19/2012 2:34:39PM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 151573 04/19/2012 013721 PROPET DISTRIBUTORS INC 151574 04/19/2012 005075 PRUDENTIAL OVERALL SUPPLY 151575 04/19/2012 000262 RANCHO CALIF WATER DISTRICT 151576 04/19/2012 000947 RANCHO REPROGRAPHICS 151577 04/19/2012 009725 RAZAVI, MANDIS 151578 04/19/2012 000271 RBF CONSULTING 151579 04/19/2012 013832 RBF CONSULTING 151580 04/19/2012 002110 RENTAL SERVICE CORPORATION 151581 04/19/2012 004498 REPUBLIC INTELLIGENT 151582 04/19/2012 002412 RICHARDS WATSON & GERSHON (Continued) Description pet waste bags:various parks MAR UNIFORM/MAT/TWL RENTALS:CSD MNTC/C.0 Mar uniform/mat/twl rentals:City fac's Mar Lndscp meter:41951 Moraga Rd Mar Lndscp meter:40135 Village Rd Mar D.C. meter:Landings Rd Mar Lndscp meter:Calle Elenita Mar var water meters:TCSD svc Iev C Reproduction srvcs:pavement rehab TCSD Instructor Earnings Jan EIR: temecula creek inn FEB ENG SRVCS:I-15/SR-79 ULT. IN - Feb riparian habitat EQUIP RENTAL & MAINT:PW MAINT EQUIP RENTAL & MAINT:PW MAINT Mar street light maint:old town & bridge Feb 2012 legal services Feb 2012 legal services Aug 2011 legal services Amount Paid Check Total 2,586.95 743.35 979.21 337.65 89.10 15.31 24.13 3,825.18 49.57 784.00 38,026.63 3,600.28 17,099.10 38.56 35.39 1,889.74 107, 667.97 2,097.00 3,322.90 151583 04/19/2012 000353 RIVERSIDE CO AUDITOR Mar '12 parking citation assessments 8,374.84 151584 04/19/2012 003698 RIVERSIDE CO ECONOMIC Mar real property srvcs:french vly pkwy 3,205.86 151585 04/19/2012 010777 RIVERSIDE CO EXECUTIVE 10,549.40 OFFICE 151586 04/19/2012 000406 RIVERSIDE CO SHERIFFS 1,570,028.11 DEPT 151587 04/19/2012 000406 RIVERSIDE CO SHERIFFS Adv trf collision invest.6/4-15 440.00 DEPT 151588 04/19/2012 000406 RIVERSIDE CO SHERIFFS Gang awareness upd B.Pendleton 6/12-14 146.00 DEPT APR ANIMAL SHELTER PAYMENT 01/12/12-02/08/12 law enforcement 2,586.95 1,722.56 4,291.37 49.57 784.00 41,626.91 17,099.10 73.95 1,889.74 113,087.87 8,374.84 3,205.86 10,549.40 1,570,028.11 440.00 146.00 Page:7 apChkLst 04/19/2012 2:34:39PM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 151589 04/19/2012 004822 RIVERSIDE TRANSIT AGENCY MAR TROLLEY SRVCS AGRMNT:RTE 55 TEMECULA 151590 04/19/2012 014793 RUTLEDGE, STEW 151591 04/19/2012 013827 RYAN MONTELEONE EXCAVATION INC 151592 04/19/2012 014603 S D MAYO PAVING, INC 151593 04/19/2012 000278 151594 04/19/2012 009213 151595 04/19/2012 014790 SAN DIEGO UNION TRIBUNE SHERRY BERRY MUSIC SHOEMAKER, JOHNINE 151596 04/19/2012 009746 SIGNS BY TOMORROW 151597 04/19/2012 000645 SMART & FINAL INC 151598 04/19/2012 000537 SO CALIF EDISON 151599 04/19/2012 000282 SO CALIF MUNICIPAL ATHLETIC 151600 04/19/2012 002503 SOUTH COAST AIR QUALITY 151601 04/19/2012 000519 SOUTH COUNTY PEST CONTROL INC refund:sec dep:rm rental:Harveston IRRIGATION STATION R ELOC: MADISO N/MCCABE Construction services:Winchester Road Mar recruitment advertising:HR Jazz @ the Merc 4/12-13/12 refund:prkg cite overpmt #82227 PUBLIC NTC POSTING XX -0060: PLANNING PUBLIC NTC POSTING XX -0009: PLA PUBLIC NTC POSTING XX -0226: PLA MISC SUPPLIES:MPSC Amount Paid Check Total Mar 2-26-887-0789:40233 Village rd PED Apr 2-33-777-1950:40135 Village Rd Mar 2-34-333-3589:41702 Main St Mar 2-28-171-2620:40820 Winchester Mar 2-29-974-7568:26953 Ynez TC1 Mar 2-31-693-9784:26036 Ynez TC1 Apr 2-33-237-4818:30499 Rancho Cal Mar 2-31-419-2659:26706 Ynez TC1 '12 membership dues:AA/JP/MW/JW fyl 0/11 emissions fees:Roripaugh fire fy11/12 emissions fees:Roripaugh fire fy11/12 operating fees:Roripaugh fire Pest control srvcs:fire stn 73 3/22 Pest control srvcs:fire station 92 Pest control srvcs:fire station 73 151602 04/19/2012 000293 STADIUM PIZZA INC REFRESHMENTS:STAFF TRNG-RED CROSS 4/11 1,636.10 200.00 1,933.23 7,712.50 2,527.23 890.00 45.00 148.10 148.10 148.10 322.84 1,422.84 283.19 42.54 648.61 128.20 390.72 86.98 71.31 280.00 136.82 118.49 89.75 140.00 42.00 48.00 1,636.10 200.00 1,933.23 7,712.50 2,527.23 890.00 45.00 444.30 322.84 3,074.39 280.00 345.06 230.00 207.49 207.49 Page:8 apChkLst Final Check List Page: 9 04/19/2012 2:34:39PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 151603 04/19/2012 006145 STENO SOLUTIONS TRANSCRIPTION 151604 04/19/2012 000305 TARGET BANK BUS CARD SRVCS 151605 04/19/2012 010679 TEMECULA AUTO REPAIR/RADIATOR (Continued) Description Mar transcription srvcs:Police ARTIST HOSPITALITY:THEATER Misc supplies:mpsc Veh repair & maint:fire prevention 151606 04/19/2012 000168 TEMECULA FLOWER CORRAL Mar sunshine fund 151607 04/19/2012 011736 TEMECULA TROPHY INC 151608 04/19/2012 010046 TEMECULA VALLEY CONVENTION & 151609 04/19/2012 000306 TEMECULA VALLEY PIPE & SUPPLY 151610 04/19/2012 009579 THOMAS, LEAH 151611 04/19/2012 010276 TIME WARNER CABLE RECOGN AWARDS: CS COMMISION PLAQUES Feb '12 Bus. Impry District Asmnts Misc supplies:csd maint ee computer purchase prgm Apr high speed internet:Fire Stn 92 151612 04/19/2012 012344 TRANSPORTATION CONCEPTS Shuttle srvcs:2012 Rod Run 151613 04/19/2012 012549 UPODIUM 151614 04/19/2012 004261 VERIZON 151615 04/19/2012 004789 VERIZON 151616 04/19/2012 009101 VISION ONE INC 151617 04/19/2012 007511 VLAHOS, CHRIS Veh repair & maint: Sta 84 Veh maint supplies: Sta 12 Veh maint supplies:Fire Sta 73 Apr xxx-0073 general usage Apr Internet svcs:Theater Apr Internet svcs:Civic Center Mar ShoWare ticketing srvcs:theater ee computer purchase prgm 151618 04/19/2012 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES:CIVIC CENTER 151619 04/19/2012 004567 WITCHER ELECTRIC Electrical repairs: history museum Purch & install lighting sys:crc gym Amount Paid Check Total 1,047.20 1,047.20 43.82 49.96 93.78 615.21 615.21 78.60 78.60 422.92 422.92 89,224.83 89,224.83 36.25 36.25 1,729.95 1,729.95 44.95 44.95 2,880.00 2,880.00 81.25 260.11 36.75 378.11 90.56 90.56 134.99 269.99 404.98 2,029.20 2,029.20 1,820.45 1,820.45 414.03 414.03 560.00 2,200.00 2,760.00 Page:9 apChkLst Final Check List Page: 10 04/19/2012 2:34:39PM CITY OF TEMECULA Grand total for UNION BANK OF CALIFORNIA: 2,566,646.92 Page:10 apChkLst Final Check List Page: 11 04119/2012 2:34:39PM CITY OF TEMECULA 132 checks in this report. Grand Total All Checks: 2,566,646.92 Page:11 Item No. 4 City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: May 8, 2012 SUBJECT: City Treasurer's Report as of March 31, 2012 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of March 31, 2012. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of March 31, 2012. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of March 31, 2012 Investments Par Value City of Temecula, California Portfolio Management Portfolio Summary March 31, 2012 Market Value Book %of Value Portfolio Term City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA, 92590 (951}694-6430 Days to YTM YTM Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts Retention Escrow Account Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments 58,29 9,426.1 9 6,21 0,341.71 1.00 35,621,541.68 15,000,000.00 20,000,000.00 135,122,310.58 58,290,426.19 6,210,341.71 1.99 35,658,439.36 15,1 50,09 0.90 29,112,69 9.09 58,29 9,426.1 9 6,21 0,341.71 1.00 35,621,541.68 15,999,999.99 19,988,759.99 43.14 4.69 0.00 26.3 6 11.10 14.79 135, 421, 988.26 135,111,060.58 100.00% 1 1 1 1 1,516 1,234 1 1 1 1 1,044 835 0.223 9.909 9.909 9.378 1.784 1.1g8 0.226 0.000 0.000 9.383 1.898 1.215 352 240 0.571 0.579 Cash Passbook/Checking (not included in yield calculations) Tot al Cash and Investments 1,055,969.78 136,178,280.36 1,055,a6a ? 1,055,989.78 136, 477, 958.04 136,167,030.36 9.909 9.999 352 240 0.571 0.579 Total Earnings March 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return 65.802/7 140, 465, 599.74 0.55% Reporting period 03;01!2012-03/31!2012 Run Date: 04/24/2012 • 1Z:52 722,460.47 141,496,497.82 0.68% Portfolio TEME CP PM (PRF_PM1) SymRept&.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2012 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003-2 CITY COP RE2 ASSURED GUARANTY 0.00 0.00 0.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BON D3 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMW D 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BON D2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BON D2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 2221 6003-4 CITY COP RE4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 1 2221 600 0-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94 43 41 61-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Run Date: 04/24/2012 - 13:52 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2012 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 107886000-2 RDA O6A INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886018-3 RDA 06B CIP3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886010-2 RDA O6B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,115.80 202,115.80 202,115.80 0.001 0.001 0.001 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 209,280.43 209,280.43 209,280.43 0.001 0.001 0.001 1 107886026-2 RDA 07RES2 First American Treasury 1,111,036.81 1,111,036.81 1,111,036.81 0.001 0.001 0.001 1 SYSRDA 10 DS 1 RDA 10 DS 1 First American Treasury 1,269,705.20 1,269,705.20 1269,705.20 0.001 0.001 0.001 1 SYSRDA 10A CIP2 RDA 10A CIP2 First American Treasury 07/01/2011 19,945.36 19,945.36 19,945.36 0.001 0.001 0.001 1 136343001-2 RDA 10A -INTI First American Treasury 07/28/2011 0.00 0.00 0.00 0.000 0.000 1 136343018-2 RDA 10B CIP2 First American Treasury 07/01/2011 1,754,781.17 1,754,781.17 1,754,781.17 0.001 0.001 0.001 1 136343000-1 RDA 106 -INTI First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,401.67 440,401.67 440,401.67 0.030 0.030 0.030 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 202,735.28 202,735.28 202,735.28 0.030 0.030 0.030 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 256,840.83 256,840.83 256,840.83 0.030 0.030 0.030 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 15,124.91 15,124.91 15,124.91 0.030 0.030 0.030 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 388.85 388.85 388.85 0.030 0.030 0.030 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 864,038.12 864,038.12 864,038.12 0.030 0.030 0.030 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 222,846.85 222,846.85 222,846.85 0.030 0.030 0.030 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 221,380.73 221,380.73 221,380.73 0.030 0.030 0.030 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 337,885.87 337,885.87 337,885.87 0.030 0.030 0.030 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 214,419.03 214,419.03 214,419.03 0.030 0.030 0.030 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 1,752.94 1,752.94 1,752.94 0.030 0.030 0.030 1 793593009-5 03-2 EMW D11 Federated Tax Free Obligations 5,190.60 5,190.60 5,190.60 0.030 0.030 0.030 1 793593016-5 03-2 LOC1 1 Federated Tax Free Obligations 141,927.26 141,927.26 141,927.26 0.030 0.030 0.030 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 397.91 397.91 397.91 0.030 0.030 0.030 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 368.08 368.08 368.08 0.030 0.030 0.030 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 724,808.97 724,808.97 724,808.97 0.030 0.030 0.030 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,143.81 1,143.81 1,143.81 0.030 0.030 0.030 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 2,171,189.85 2,171,189.85 2,171,189.85 0.030 0.030 0.030 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 1,396.62 1,396.62 1,396.62 0.030 0.030 0.030 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 5,516.56 5,516.56 5,516.56 0.030 0.030 0.030 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 0.02 0.02 0.02 0.001 0.001 0.001 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 47,207.18 47,207.18 47,207.18 0.030 0.030 0.030 1 Run Date: 04/24/2012 - 13:52 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2012 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 94686005-5 03-4 RES11 Federated Tax Free Obligations 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 146161000-5 146161000-5 Federated Tax Free Obligations 1 461 61 006-5 RDA 11 DS11 Federated Tax Free Obligations 146161008-5 RDA 11ACIP11 Federated Tax Free Obligations 1 461 61 009-5 RDA 11ACO111 Federated Tax Free Obligations 94432363 02001 Financial Security Assurance 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 1 2221 600 8 CITY COP CIP CA Local Agency Investment Fun 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 107886006 RDA 06 RES A MBIA Surety Bond 94434166 RDA TABS RES MBIA Surety Bond SYS95453516-1 95453516-1 USBANK Subtotal and Average 59,352,772.22 73,002.35 73,002.35 73,002.35 0.030 0.030 0.030 1 589,181.12 589,181.12 589,181.12 0.030 0.030 0.030 1 07/27/2011 0.65 0.65 0.65 0.001 0.001 0.001 1 1,308,516.37 1,308,516.37 1,308,516.37 0.030 0.030 0.030 1 13,124,018.94 13,124,018.94 13,124,018.94 0.030 0.030 0.030 1 0.00 0.00 0.00 0.020 0.020 0.020 1 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 27,261,959.26 27,261,959.26 27,261,959.26 0.383 0.378 0.383 1 1,570,988.62 1,570,988.62 1,570,988.62 0.383 0.378 0.383 1 0.00 0.00 0.00 0.383 0.378 0.383 1 290,154.07 290,154.07 290,154.07 0.383 0.378 0.383 1 3,628,776.10 3,628,776.10 3,628,776.10 0.383 0.378 0.383 1 0.00 0.00 0.00 0.383 0.378 0.383 1 0.00 0.00 0.00 0.383 0.378 0.383 1 0.00 0.00 0.00 0.383 0.378 0.383 1 0.00 0.00 0.00 0.383 0.378 0.383 1 0.00 0.00 0.00 0.383 0.378 0.383 1 0.00 0.00 0.00 0.383 0.378 0.383 1 0.00 0.00 0.00 0.383 0.378 0.383 1 0.00 0.00 0.00 0.383 0.378 0.383 1 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 58,290,426.19 58,290,426.19 58,290,426.19 0.223 0.226 1 Retention Escrow Account 194012308-16 RJ NOBLE Bank of Sacramento 12/01/2011 350,642.65 350,642.65 350,642.65 0.000 0.000 1 SYSPI aza Pitnr PI aza Pitnr Wells Fargo Bank 01/01/2012 4,000,031.78 4,000,031.78 4,000,031.78 0.000 0.000 1 PORTOLA TRRC Portola Trrc Wells Fargo Bank 01/01/2012 1,859,667.28 1,859,667.28 1,859,667.28 0.000 0.000 1 Subtotal and Average 6,196,738.13 6,210,341.71 6, 210, 341.71 6,210,341.71 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2011 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669911-1 03-1 ACQ A2 94669921-1 03-1 ACQ B2 Run Date: 04/24/2012 - 1 3:52 CA Local Agency Investment Fun CA Local Agency Investment Fun 315,450.46 315,450.46 315,450.46 0.383 0.378 0.383 1 3,907,217.29 3,907,217.29 3,907,217.29 0.383 0.378 0.383 1 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2012 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 932,946.27 932,946.27 932,946.27 0.383 0.378 0.383 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.383 0.378 0.383 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.383 0.378 0.383 1 SYSCITY CITY CA Local Agency Investment Fun 20,676,252.30 20,701,293.58 20,676,252.30 0.383 0.378 0.383 1 SYSRDA RDA CA Local Agency Investment Fun 0.00 0.00 0.00 0.383 0.378 0.383 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.383 0.378 0.383 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.383 0.378 0.383 1 SYSRDA 10 CIP 1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.383 0.378 0.383 1 SYSTCSD TCSD CA Local Agency Investment Fun 9,789,675.36 9,801,531.76 9,769,675.36 0.383 0.378 0.383 1 Subtotal and Average 37,811,864.26 35,621,541.68 35,658,439.36 35,621,541.68 0.378 0.383 1 Federal Agency Callable Securities 31331KPN4 01169 Federal Farm Credit Bank 06/27/2011 1,000,000.00 1,001,000.00 1,000,000.00 1.050 1.036 1.050 817 06/27/2014 3134G1Y65 01162 Federal Home Loan Mtg Corp 01/25/2011 1,000,000.00 1,004,130.00 1,000,000.00 1.500 1.479 1.500 845 07/25/2014 3134G2NK4 01170 Federal Horne Loan Mtg Corp 07/11/2011 1,000,000.00 1,002,020.00 1,000,000.00 1.125 1.110 1.125 831 07/11/2014 3134G2RX2 01173 Federal Home Loan Mtg Corp 07/25/2011 1,000,000.00 1,002,280.00 1,000,000.00 1.200 1.184 1.200 845 07/25/2014 3134G3BV1 01179 Federal Horne Loan Mtg Corp 12/09/2011 1,000,000.00 1,008,830.00 1,000,000.00 1.400 1.381 1.400 1,713 12/09/2016 3134G3CL2 01181 Federal Home Loan Mtg Corp 12/16/2011 1,000,000.00 1,001,450.00 1,000,000.00 1.000 0.986 1.000 1,171 06/16/2015 3134G3PH7 01186 Federal Horne Loan Mtg Corp 02/24/2012 1,000,000.00 995,710.00 1,000,000.00 1.000 0.986 1.000 1,606 08/24/2016 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,070,800.00 2,000,000.00 4.000 3.945 4.000 344 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,037,020.00 1,000,000.00 4.000 3.945 4.000 360 03/27/2013 3136FPZD2 01157 Federal National Mtg Assn 12/03/2010 1,000,000.00 1,005,090.00 1,000,000.00 1.125 1.110 1.125 976 12/03/2014 3136FRZQ9 01171 Federal National Mtg Assn 07/20/2011 1,000,000.00 1,002,780.00 1,000,000.00 1.250 1.233 1.250 932 10/20/2014 3136FRB44 01172 Federal National Mtg Assn 07/22/2011 1,000,000.00 1,018,630.00 1,000,000.00 2.125 2.096 2.125 1,573 07/22/2016 3136FTBQ1 01176 Federal National Mtg Assn 10/24/2011 1,000,000.00 1,006,270.00 1,000,000.00 1.350 1.332 1.350 1,667 10/24/2016 3136FT4RT 01188 Federal National Mtg Assn 03/27/2012 1,000,000.00 994,080.00 1,000,000.00 1.000 0.986 1.000 1,640 09/27/2016 Subtotal and Average 14,870,967.74 15, 000,000.00 15,150,090.00 15,000, 000.00 1.784 1.808 1,044 Federal Agency Bullet Securities 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,025,060.00 997,500.00 2.250 2.284 2.316 484 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,016,150.00 1,000,000.00 2.150 2.121 2.150 309 02/04/2013 31331GZ44 01144 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,007,360.00 1,000,000.00 1.550 1.529 1.550 197 10/15/2012 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,015,220.00 1,000,000.00 1.375 1.356 1.375 680 02/10/2014 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000.00 1,004,940.00 1,000,000.00 0.875 0.863 0.875 852 08/01/2014 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,007,630.00 1,000,000.00 1.300 1.282 1.300 1,649 10/06/2016 31331KK58 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,004,890.00 1,000,000.00 1.050 1.036 1.050 1,303 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,001,750.00 1,000,000.00 0.970 0.957 0.970 1,331 11/23/2015 31331KY79 01180 Federal Farm Credit Bank 11/29/2011 1,000,000.00 997,960.00 1,000,000.00 0.500 0.493 0.500 607 11/29/2013 Run Date: 04/24/2012 - 13:52 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2012 Page 6 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,002,630.00 1,000,000.00 1.000 0.986 1.000 1,347 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 996,540.00 1,000,000.00 0.850 0.838 0.850 1,388 01/19/2016 3133XTXC5 01130 Federal Horne Loan Bank 06/11/2009 1,000,000.00 1,004,020.00 1,000,000.00 2.250 2.219 2.250 71 06/11/2012 3133XVEM9 01150 Federal Home Loan Bank 11/04/2009 1,000,000.00 1,009,070.00 1,000,000.00 1.625 1.603 1.625 234 11/21/2012 313372UH5 01166 Federal Horne Loan Bank 03/15/2011 1,000,000.00 1,011,450.00 1,000,000.00 1.125 1.110 1.125 530 09/13/2013 313374CZ1 01168 Federal Home Loan Bank 06/22/2011 1,000,000.00 1,010,690.00 1,000,000.00 1.000 0.986 1.000 904 09/22/2014 313376V77 01184 Federal Horne Loan Bank 01/23/2012 1,000,000.00 997,020.00 1,000,000.00 0.520 0.513 0.520 1,027 01/23/2015 313376YQ2 01185 Federal Home Loan Bank 02/13/2012 1,000,000.00 993,270.00 1,000,000.00 0.400 0.395 0.400 1,048 02/13/2015 313378AC5 01187 Federal Horne Loan Bank 02/22/2012 1,000,000.00 993,450.00 1,000,000.00 0.500 0.493 0.500 1,146 05/22/2015 313378QH7 01189 Federal Home Loan Bank 03/28/2012 1,000,000.00 1,007,910.00 1,000,000.00 0.900 0.888 0.900 1,457 03/28/2016 31398AYM8 01139 Federal National Mtg Assn 08/10/2009 1,000,000.00 1,005,680.00 991,250.00 1.750 2.024 2.052 131 08/10/2012 Subtotal and Average 19,117,782.26 20,000,000.00 20,112,690.00 19,988,750.00 1.198 1.215 835 Run Date: 04/24/2012 - 13:52 Total and Average 140,465,599.74 135,122,310.58 135,421,988.26 135,111,060.58 0.571 0.579 240 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash March 31, 2012 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2011 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2011 22,564.23 22,564.23 22,564.23 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 1,020,623.55 1,020,623.55 1,020,623.55 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2011 9,972.00 9,972.00 9,972.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 140,465,599.74 Run Date: 04/24/2012 - 13:52 136,178,280.36 136, 477, 958.04 136,167,030.36 0.571 0.579 240 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Fund CITY OF TEMECULA CASH BALANCES THROUGH MARCH 31, 2012 Fund Title Fund Total 001 GENERAL FUND 100 STATE GAS TAX FUND 120 DEVELOPMENT IMPACT FUND 130 RECOVERY ACT JAG FUNDING 150 AB 2766 FUND 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 170 MEASURE A FUND 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECT FUND 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 277 CFD-RORIPAUGH 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 310 VEHICLES AND EQUIPMENT FUND 320 INFORMATION TECHNOLOGY 330 CENTRAL SERVICES 340 FACILITIES 375 SUMMER YOUTH EMPLOYMENT PROGRAM 380 RDA DEBT SERVICE FUND 395 2011 FINANCING LEASE 2001 & 2008 COPS 460 CFD 88-12 DEBT SERVICE FUND 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 516 SERVICE LEVE L"C"ZONE 16 TRADEW INDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 519 SERVICE LEVE L"C"ZONE 19 CHANTE MAR 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES $ 29,164,100.09 1,238,152.09 4,915,153.56 3,200.45 217,694.72 743.22 24,755,494.51 4,913,613.52 1,067,146.76 74,396.80 277,753.92 8,003.88 219,659.37 245,500.07 16,728,938.07 4,238,181.51 934,342.89 28,841,035.23 31,102.94 400,307.59 1,184,942.20 780,31 1.60 434,567.88 413,630.36 17,997.82 1,749,540.06 1,754.20 85,017.99 988,277.36 1,443,421.08 135,902.77 3,149,725.23 614,177.73 6,153,387.04 15,664.78 41,342.42 20,637.60 2,695.21 12,606.15 9,008.08 3,118.76 48,823.30 13,500.57 5,944.62 1,160.93 28,277.98 11,975.28 5,059.69 3,434.42 60,036.21 699.16 34,251.38 44,150.01 120,953.72 92,033.06 1,323.49 9,942.52 158,206.89 25,955.02 426.54 7,064.91 234,803.57 4,680.54 33,006.72 Grand Total: $ 136,477,958.04 Item No. 5 Approvals City Attorney Director of Finance City Manager gtd CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 8, 2012 SUBJECT: Escrow Agreement — United States Army Corps of Engineers; Security for the French Valley Parkway Project's Environmental Mitigation, PW07-04 PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Senior Engineer — CIP RECOMMENDATION: Approve the Escrow Agreement with the United States Army Corps of Engineers and Union Bank, N.A. to establish an escrow account in the amount of $600,000. BACKGROUND: Portions of the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements project will impact Warm Springs Creek and Santa Gertrudis Creek. These bodies of water are within the purview of the United States Army Corps of Engineers (ACOE). The ACOE is responsible for regulating activity within the Waters of the United States. This regulation is focused on the protection, preservation, and maintenance of Corps jurisdictional waters. The City has secured a Nationwide Permit from the ACOE which authorizes construction of project components within the creeks. The permit includes several non -discretionary Special Conditions. One condition states in part: Prior to constructing in the waters of the U.S., the Permittee shall post financial assurance ("financial assurance") in a form approved by the Corps Regulatory Division for the estimated cost of implementing the approved HMMP (including a 20% contingency to be added to the total costs). The purpose of this financial assurance is to guarantee the successful implementation, maintenance and monitoring of the non -wetland waters establishment, and restoration work. Staff has developed the subject Escrow Agreement in conjunction with the ACOE. The terms and implementation of the agreement will satisfy this non -discretionary Special Condition. Once established, monies in the escrow account will serve as a security for the ACOE to draw upon in the event that the City fails to successfully implement the approved Habitat Mitigation and Monitoring Plan (HMMP). Successful implementation involves the design and construction of the mitigation site followed by 5 years of monitoring and maintenance. Design and construction is expected to be complete within 1 year, thus the practical term of the agreement is approximately 6 years. The costs associated with this agreement are $7500 in escrow fees, plus $10,500 which represents a net loss of investment interest. Additionally, there is the loss of liquidity associated with tying up the $600,000 in the escrow account. These costs were deemed preferable to the estimated $75,000 cost of securing a performance bond for this same time period. FISCAL IMPACT: The French Valley Parkway/Interstate 15lnterchange Improvements project is included in the City's Capital Improvement Program Fiscal Years 2012-16 and is funded with several sources including Capital Project Reserves, DIF — Streets, Measure A, and TUMF. There are sufficient funds in the Phase I project account 210.165.719.5802 to cover the estimated cost of escrow fees of $7,500. ATTACHMENTS: 1. Escrow Agreement 2. Project Description 3. Project Location ESCROW AGREEMENT FOR THE FRENCH VALLEY INTERCHANGE PROJECT, RIVERSIDE COUNTY, CALIFORNIA THIS ESCROW AGREEMENT, hereinafter referred to as "the Agreement," for purposes of identification hereby numbered , and effective as of the Effective Date defined herein, is entered into by and among City of Temecula, a municipal corporation, Union Bank, N.A., as escrow agent (the "Escrow Agent"), and the United States Army Corps of Engineers (the "ACOE") (collectively, the "Parties") for the purposes of the Escrow Agent establishing and City of Temecula funding an escrow account to be held by the Escrow Agent for the purpose of providing financial security to ensure successful completion of the Final Habitat Mitigation and Monitoring Plan dated July, 2011 (the "HMMP") as required by the ACOE in permit no. SPL-2010-00362-SJH (the "ACOE Permit"), as more fully defined herein, for the benefit of the ACOE, establishing the terms and conditions for the withdrawal of monies held in the Escrow Account by the ACOE and addressing such other matters as are expressed herein. RECITALS A. The City of Temecula is planning to construct and enhance a native habitat as compensation for impacts associated with construction of the French Valley Parkway Interchange, located in the City of Temecula, County of Riverside, California, hereinafter referred to as the "Project". B. The Project will impact 2.16 acres of waters of the United States on the Project site. C. The City of Temecula is required to mitigate these impacts as set forth in the ACOE Permit and HMMP. D. The City of Temecula, Escrow Agent, and the ACOE wish to enter into this agreement to memorialize the terms and conditions under which the City of Temecula shall provide financial assurances to ensure successful completion of the HMMP in satisfaction of the ACOE Permit compensatory mitigation requirements for the Project. NOW, THEREFORE, the Parties do hereby agree as follows: THE AGREEMENT 1. Establishment of Escrow Account. The Escrow Agent agrees to establish and maintain a separate and identifiable "French Valley Parkway Interchange Project Escrow Account," hereinafter referred to as the "Escrow Account," into which shall be deposited the monies of City of Temecula as required by Section 2 hereof. The Escrow Account shall constitute a separate trust fund and the monies deposited therein shall be irrevocably pledged, subject to Section 4 herein, during the Term of this Agreement, to be paid to an entity or entities identified by the ACOE on account of City of Temecula's failure to meet conditions set forth in the HMMP. 2. Escrow Account Deposit. Within 30 days of the Effective Date of this Agreement, City of Temecula shall deposit $600,000.00 (Six Hundred Thousand Dollars and No Cents) into the Escrow Account. 3. Instructions. This Agreement shall constitute Escrow Agent's instructions regarding escrow. The Parties agree to execute any further reasonable instructions that Escrow Agent may request and that are not inconsistent with this Agreement. 4. Investment of Money in Escrow Account. Unless amended from time to time by the Parties, the monies deposited into the Escrow Account shall be placed into the Union Bank Institutional Trust Deposit Account -I, an interest-bearing deposit account offered by the Escrow Agent, which is a large and reputable financial institution. Interest on the funds deposited shall accrue and belong to the City of Temecula. All investment earnings attributable to the monies on deposit in the Escrow Account shall be paid directly to the City of Temecula upon written request from an Authorized Representative specified on Exhibit B, free and clear of this Agreement. 5. Payments from the Escrow Account. In the event the ACOE determines (in its sole discretion) that the City of Temecula has failed to meet the conditions set out in the HMMP, the ACOE shall provide the City of Temecula (with a copy to Escrow Agent) with a written notice from an Authorized Representative specified on Exhibit B: (a) indicating the reasons why ACOE is requiring corrective action, (b) listing any deficiencies related to City of Temecula's performance of their obligations under the HMMP, (c) describing the actions, activities or steps that City of Temecula shall employ to correct deficiencies in their performance, and (d) providing City of Temecula with a reasonable deadline for curing the deficiencies. At any time thirty days or more after sending such notice to City of Temecula, ACOE may provide the Escrow Agent with written direction, substantially in the form of the Exhibit A hereto, to release monies from the Escrow Account to an entity or entities identified by ACOE. The payment amount requested by ACOE in each instance shall not exceed the amount reasonably determined by ACOE to be required to cure the performance deficiencies of the City of Temecula specified in ACOE's notice, and only to the extent the deficiencies were not cured by City of Temecula during the cure period, as determined by ACOE. In addition, the aggregate payments from the Escrow Account shall not exceed the amount deposited as required by Section 2 hereof. Upon receipt of the written direction of ACOE, the Escrow Agent shall disburse funds within seven (7) business days. 6. Use of Escrow Account Payments for Mitigation Purposes. Funds in the Escrow Account are to be used exclusively for corrective action related to the HMMP or the portion thereof as specified in the notice(s) to the City of Temecula. The ACOE may only authorize or direct the use of Escrow Account payments for this purpose. The Escrow Agent has no responsibility or liability for the use of the proceeds of the Escrow Account once released in accordance with this Agreement. 7. No Obligation to Replenish Escrow Account. Provided that City of Temecula shall have made the Escrow Account deposit as required by Section 2 above, City of Temecula shall have no obligation to make any additional deposit or replenish the Escrow Account following any payment authorized or directed by ACOE. 8. Fees and Expenses and Indemnification of the Escrow Agent. The Escrow Agent shall charge an administrative fee for investing, depositing or handling of funds and of distribution of such interest as provided by Escrow Agent's policies and requirements The Escrow Agent may charge an additional cost or fee for special services. Special services shall be defined as any requested meetings and the cost of preparation of special statements or reports required by this Agreement or requested by City of Temecula or the ACOE. Under no circumstances shall the Escrow Agent be entitled to any lien whatsoever on any monies or obligations in the Escrow Account for the payment of fees and expenses for services rendered or expenses incurred by the Escrow Agent under this Agreement. The payment of all Escrow Agent fees or costs shall be the sole responsibility of City of Temecula and shall not be deducted from the Escrow Account. The Escrow Agent shall have no right to deduct monies from the principal escrow sum to pay for its services. In the event the City of Temecula fails to make payment to the Escrow Agent for its services, all claims for such payment shall be directly against the City of Temecula. The ACOE shall not be responsible for any costs attributable to the establishment, maintenance, administration, or any other aspect of the Escrow Account. The compensation to which the Escrow Agent is entitled under this Section is set forth on Exhibit C hereto. The City of Temecula agrees to indemnify and hold Escrow Agent harmless against any and all liabilities, losses, claims, damages or expenses, including reasonable attorney's fees, that Escrow Agent may incur by reason of or based upon its actions under this Agreement other than as a result of the gross negligence or willful misconduct of Escrow Agent. 9. Escrow Account Reporting. The Escrow Agent shall provide monthly and annual account statements to the ACOE and the City of Temecula within ten (10) business days from the end of the respective statement period. The Escrow Account statement will include all deposits, investment earnings, fees, disbursements, and balances, and the dates thereof. Upon the occurrence of any of the events specified in Section 13, the Escrow Agent shall prepare a final accounting showing all transactions relating to Escrow Account and provide said accounting to the Parties. 10. Obligations of the Escrow Agent. (a) The Escrow Agent undertakes to perform only such duties as are expressly and specifically set forth in this Agreement and no implied duties or obligations shall be read into this Agreement against the Escrow Agent. (b) The Escrow Agent may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, and shall be protected in acting, or refraining from acting, upon any written notice, instructions, request, certificate, documents, report or opinion furnished to the Escrow Agent and reasonably believed by the Escrow Agent to have been signed or presented by the proper party, and it need not investigate any fact or matter stated in such notice, instruction, request, certificate, document, opinion or report. (c) The Escrow Agent shall not have any liability hereunder except to the extent of its own negligence of willful misconduct. In no event shall the Escrow Agent be liable for any special or consequential damages. (d) The Escrow Agent shall not be responsible for any of the recitals or representations contained herein except for those that relate specifically to the Escrow Agent. (e) The Escrow Agent shall not be liable or responsible to ascertain the terms or conditions of any provision of the mitigation obligations set out in the ACOE Permit or HMMP. (f) If any controversy arises between the Parties, or with any other entity with respect to any matter addressed in this Agreement, the Escrow Agent is authorized, absent court order, to disburse monies to an entity or entities at the direction of the ACOE, but only in accordance with the terms of this Agreement. 11. Notices. All notices, statements, or payments specified in this Agreement shall be deemed to have been duly given if in writing and delivered personally, given by prepaid telegram, or mailed by first-class (postage prepaid), registered, or certified mail, as follows: If to the City of Temecula: Mailing Address: Use this Address for a Delivery Service: or Hand -Deliveries ONLY If to the ACOE: Regulatory Division Chief U.S. Army Corps of Engineers Los Angeles District 915 Wilshire Blvd. Los Angeles, CA 90017 With a copy in all instances to: District Counsel U.S. Army Corps of Engineers Los Angeles District 915 Wilshire Blvd. Los Angeles, CA 90017 City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 If to the Escrow Agent: Union Bank, N.A. Stephen Boughton, Corporate Trust Dept. 120 S. San Pedro Street, 4th Floor Los Angeles, CA 90012 12. Effective Date. This Agreement shall be effective upon full execution by all Parties (the "Effective Date"). 13. Duration. This Agreement shall expire upon the earlier to occur of a) the Escrow Agent's receipt of signed notification by an Authorized Representative of the ACOE as specified in Exhibit B documenting completion of the HMMP; or b) withdrawal by an Authorized Representative of the ACOE as specified in Exhibit B of the entire balance of the Escrow Account. In the event of expiration, the Escrow Agent agrees to provide a final statement of the Escrow Account and, within seven (7) Business Days, disburse any remaining balance in the Escrow Account to the City of Temecula, pursuant to instructions specified in Exhibit D. 14. Amendment. This Agreement may not be amended except by written modification signed by the Parties hereto. 15. Severability. If any section, paragraph, sentence, clause or provision of this Agreement shall form any reason be held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, sentence, clause or provision shall not affect any of the remaining provisions of this Agreement. 16. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but altogether shall constitute but one and the same agreement. 17. Resignation of Escrow Agent. Escrow Agent may resign and be discharged from its duties hereunder at any time by giving written notice thirty calendar days prior to such resignation to City of Temecula and ACOE as provided in this Section. Following such resignation, a successor Escrow Agent shall be appointed by City of Temecula, who shall provide written notice of such to the resigning Escrow Agent and ACOE. If prior to the effective resignation, the City of Temecula has failed to appoint a successor escrow agent as provided above, at any time on or after the effective resignation date, Escrow Agent may appoint a successor escrow agent of its own choice. Any appointment of a successor escrow agent shall be binding upon City of Temecula and ACOE, and no appointed successor escrow agent shall be deemed to be an agent of Escrow Agent. Escrow Agent shall deliver the monies in the Escrow Account to any appointed successor escrow agent, at which time Escrow Agent's obligations under this Agreement shall cease and terminate. Any appointed successor escrow agent shall be bound by the same terms and obligations of this Agreement as escrow agent. Any entity into which Escrow Agent may be merged or converted or with which it may be consolidated, or any entity to which all or substantially all the escrow business may be transferred, shall be the Escrow Agent under this Agreement without further act. The costs and expenses, including but not limited to its attorney fees and expenses, incurred by Escrow Agent in connect with such proceeding shall be paid by the City of Temecula. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates opposite their respective signatures. ACOE BY: Date: Name: Jerome Edwards Title: Chief, Financial Officer APPROVED AS TO FORM: BY: Date: Name: Lawrence N. Minch Title: District Counsel UNION BANK, N.A., As Escrow Agent BY: Date: Name: Stephan W. Boughton Title: Vice President CITY OF TEMECULA BY: Date: Name: Chuck Washington Title: Mayor ATTEST: BY: Date: Name: Susan W. Jones Title: MMC, City Clerk APPROVED AS TO FORM: BY: Date: Name: Peter M. Thorson Title: City Attorney EXHIBIT A French Valley Parkway Interchange Project Escrow Account DRAW CERTIFICATE To Escrow Agent: Union Bank, N.A. Stephen Boughton, Corporate Trust Dept. 120 S. San Pedro Street, 4th Floor Los Angeles, CA 90012 From: [insert name of Authorized Representative] U.S. Army Corps of Engineers Los Angeles District 915 Wilshire Blvd. Los Angeles, CA 90017 The undersigned, a duly Authorized Representative of the U.S. Army Corps of Engineers (the "ACOE"), hereby certifies to Escrow Agent: 1. The ACOE has determined that the City of Temecula (the "City") has not performed the conditions set forth in the Habitat Mitigation and Monitoring Plan dated July, 2011 and as required by the ACOE in permit no. SPL-2010-00362-SJH. 2. The ACOE has given City of Temecula at least 30 days advance written notice and the opportunity to cure its failure to perform pursuant to Section 5 of the Agreement No. (copy attached hereto). 3. City of Temecula has failed to cure the failure to perform as expressed in the notice. 4. The ALOE is therefore demanding payment from the French Valley Parkway Interchange Project Escrow Account (the "Escrow Account"). 5. The ACOE is therefore making a drawing under the Agreement in the amount of 6. The amount demanded does not exceed the total amount deposited in the Escrow Account. 7. The ACOE directs the Escrow Agent to wire the proceeds to 8. The undersigned is authorized under the terms of the Agreement to present this Escrow Account Draw Certificate as the sole means of demanding payment on monies deposited into the Escrow Account. THEREFORE, the ACOE has executed and delivered this Draw Certificate as of the day of , 20 . By: Title: UNITED STATES OF AMERICA Army Corps of Engineers Authorized Representative EXHIBIT B Escrow Account Si2nin2 Authority Authorized Representative(s) of City The undersigned certifies that each of the individuals listed below is an authorized representative of the City with respect to any instruction or other action to be taken in connection with the Escrow Agreement and Union Bank, N.A. shall be entitled to rely on such list until a new list is furnished to Union Bank, N.A. Signature: Print: Genie Wilson Title: Director of Finance Phone: (951) 694-6430 Fax: (951) 694-6479 Email: genie.wilson@cityoftemecula.org Signature: Print: Robert C. Johnson Title: City Manager Phone: (951) 506-5100 Fax: (951) 694-6499 Email: bob.johnson@cityoftemecula.org The undersigned further certifies that he or she is duly authorized to sign this Escrow Account Signing Authority. Signature: Name: Its: Date: **To be signed by corporate secretary/assistant secretary. When the secretary is among those authorized above, the president must sign in the additional signature space provided below. For entities other than corporations, an authorized signatory not signing above should sign this Escrow Account Signing Authority. ** (Additional signature, if required) Signature: Name: Its: Date: Escrow Account Signing Authority Authorized Representative(s) of ACOE The undersigned certifies that each of the individuals listed below is an authorized representative of the ACOE with respect to any instruction or other action to be taken in connection with the Escrow Agreement and Union Bank, N.A. shall be entitled to rely on such list until a new list is furnished to Union Bank, N.A. Signature: Print: Jerome C. Edwards Title: Chief, Financial Officer Phone: (213) 452-3268 Fax: (213) 452-4197 Email: Jerome. C.Edwards@usace. army.mil Signature: Print: David J. Castanon Title: Chief, Regulatory Division Phone: (213) 452-3406 or (805) 585-2141 Fax: (805) 585-2154 Email:david.j.castanon@usace.anny.mil EXHIBIT C ESCROW AGENT COMPENSATION UNION BANK, N.A. CORPORATE TRUST SERVICES Schedule of Fees as Escrow Agent City of Temecula Escrow Account Acceptance and Set-up Fee: WAIVED (Due and payable on the closing date.) Annual Administration Fee: $ 1,500 (For the Annual Administration of the account) Legal Counsel Fee: No Charge (use of Union Bank in-house legal counsel) Transactional Charges: Disbursements / wires (each): $ 35 Investments (per sale/purchase/transfer): $ 60 Out -of -Pocket Expenses: Additional Services: 6% of Annual Fee By Appraisal Fees subject to acceptance and review by Union Bank, N.A. of all documents pertaining to this transaction. If we are called upon to perform additional services such as tax reporting, paying agent, or any services not described above, an extra charge may apply. Wire Instructions: If to the City: ABA No.:122000496 Bank Name: Union Bank Account No.: 2740020830 Account Name: City of Temecula Reference: Escrow Account Date: EXHIBIT D 3 Agreement No. 2011-12 2015-16 $15,300 2013-14 %' City of 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 inter- change. 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 road- way 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: Actuals 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 M S 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 (Murrieta Land Donation) $ 1,631,631 $ 1,631,631 TUMF (CETAPRCTC)(1) $20,000,000 $ 8,761,369 $ 28,761,369 TUMF (RCTC)(2) $2,462,295 $ 2,462,295 TUMF (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: 2012-13 2014-15 $15,000 $15,606 (1) TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No. 11-72-0036-00 in the amount of $20,000,000 to date. (2) TUMF (RCTC) - 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). Phase I is $1,682,000 -ROW and $203,784-PS&E - See also Phase II. (3) TUMF (WRCOG) - Zone funding is pursuant to WRCOG Agreement No. 05 -SW -TEM -1064 for a total of $4,078,000 ($1,165,000-PS&E) - See also Phase II. 57 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 56 Item No. 6 TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT City Manager/City Council Greg Butler, Director of Public Works/City Engineer May 8, 2012 Temporary Street Closures for 2012 Summerfest Events PREPARED BY: RECOMMENDATION: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2012 Summerfest Events: WESTERN DAYS' 'OLD TOWN TEMECULASTREET PAINTING FESTIVAL' `4T" OF JULY PARADE' '4T" OF JULY FIREWORKS' 'HOT SUMMER NIGHTS CONCERT IN THE PARK' BACKGROUND: Five special events scheduled during the months of May, June, July and August of 2012 necessitate the physical closure of all or portions of certain streets within the OW Town area and also portions of Margarita Road and Pauba Road (i.e., fireworks display). The closures are necessary to facilitate the events and to protect participants and viewers. The five events and associated street closures are as follows (see attached Location Maps): 1. WESTERN DAYS - May20th The annual Western Days event will be held in Old Town at the Town Square on May 19th and May 20th and will include the closure of Main Street ('Y' portion) on Sunday, May 20th - 5:30 am to 7:00 pm. The street closures are as follows: 1. Main Street — the easterly driveway edge of 28636 Old Town Front Street (Rosa's Cantina) to Mercedes Street; 2. Mercedes Street — Fourth Street to Third Street. Mercedes Street traffic will be detoured around the event via Third and Fourth Street. 2. STREET PAINTING FESTIVAL - June 22nd — 24th This year's Street Painting Festival at the Town Square necessitates the closure of Main Street ('Y' portion) between Old Town Front Street and Mercedes Street, as this street portion will serve as the canvas on which artists will paint. The Street Painting Festival will require street closures from 6:00 am Friday, June 22"d to 7:00 pm Sunday, June 24th The street closures are as follows: 1. Main Street — the easterly driveway edge of 28636 Old Town Front Street (Rosa's Cantina) to Mercedes Street; 2. Mercedes Street — Fourth Street to Third Street. Mercedes Street traffic will be detoured around the event via Third and Fourth Street. 3. 'STAR SPANGLED 4TH OF JULY PARADE' - July 4th The annual City -sponsored "Star Spangled 4th of July Parade" event requires the closure of the entire, and portions of, streets in the Old Town area on July 4, 2012 from approximately 8:00 am until 3:00 pm. The parade hours this year are from 1:00 pm to approximately 2:30 pm. However, staging for the parade will begin at 8:00 am at the Stampede Restaurant parking lot. The police department will determine the exact hours of street closures. Also, no parking will be allowed on these subject streets from 8:00 am until 3:00 pm. This year's Star Spangled 4th of July Parade street closures are as follows: 1. Old Town Front Street between Moreno Road (S) and 1st Street; 2. Mercedes Street between Moreno Road and 2"d Street 3. Main Street from the East Edge of the Children's Museum Driveway to Mercedes Street; 4. Moreno Road; 5. 2nd Street; 6. 3rd Street; 7. 4th Street; 8. 5th Street; 9. 6th Street. North -south traffic shall be detoured via Pujol Street around the event. The event will require the closure of Main Street between Old Town Front Street and the Main Street Bridge. Provisions have been included to ensure public access and public parking at the Children's Museum during the road closure. 4. `JULY 4th 2010 FIREWORKS SHOW' - July 4th The annual City -sponsored "July 4th 2012 Fireworks Show" event requires the closure of Margarita Road between Rancho Vista Road and Pauba Road and also Pauba Road between Margarita Road and Showalter Road, including abutting streets. This year's 4th of July Fireworks Show street closures are more specifically described as follows: 8:00 am to Midnight 1. Pauba Road between Margarita Road and Showalter Road 2. Calle Ventura 3. Calle Camellia 7:00 pm to 10:00 pm 4. Margarita Road between Rancho Vista Road and Pauba Road Residents living within the closure area will be allowed access to their homes. 5. HOT SUMMER NIGHTS CONCERT IN THE PARK - July 20th, August 17th and August 31St The Hot Summer Night event will require street closures from 12:00 pm to 11:00 pm on all three dates. The street closures are as follows: 1. Main Street — the easterly driveway edge of 28636 Old Town Front Street (Rosa's Cantina) to Mercedes Street; 2. Mercedes Street — Fourth Street to Third Street. Mercedes Street traffic will be detoured around the event via Third and Fourth Street. Street closures are allowed by the California Vehicle Code upon approval by the local governing body for certain conditions. Under Vehicle Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessary warning and advisory devices by the City Maintenance Department, are included in budgetary items. ATTACHMENTS: 1. Location Map — Summerfest Main Street Closure (Y portion) 2. Location Map — 4th of July Parade Exhibit 3. Location Map — 4th of July Fireworks Show Exhibit SUMMERFEST STREET CLOSURES - 2012 (MAIN STREET AND MERCEDES STREET) * WESTERN DAYS - MAY 20 * STREET PAINT/NG FESTIVAL - JUNE 22 - 24 * HOT SUMMER NIGHTS CONCERT IN THE PARK - JULY 20, AUG /7, AUG 3/ LEGEND STREET CLOSURE BARRICADE EXHIBIT 'A' 2012 4t'' of July Parade CIVIC CENTER MERCEDES ST H x H H z 5 H a4 r z 0 wtRodeway lnn START J A Old Ten Thcator Children's Museum Reserved P H rn PUJOL ST Check -In Legend 41- Parade Route Staging De -staging P Judging Parking Equestrian Staging A Announcer Public Restrooms Portable Restrooms 15 R:1GIShArcmap Projects\community services1july4parade_2011.mxd April 26, 2011 4th of July 2012 Fireworks Show STREET CLOSURES VICINITY MAP NOT TO SCALE STREET CLOSURE Item No. 7 City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 8, 2012 SUBJECT: Acceptance of Improvements and Notice of Completion for the Pavement Rehabilitation Program —Winchester Road, PW10-11 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer - CIP RECOMMENDATION: 1. Approve an increase to the contingency of the Pavement Rehabilitation Program, Winchester Road, PW10-11, in the amount of $68,626.04 and increase the City Manager approval authority by that same amount; 2. Accept the construction of the Pavement Rehabilitation Program, Winchester Road, PW10-11, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 4. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On July 26, 2011, the City Council awarded a construction contract to R.J. Noble Company in the amount of $1,178,654.50 to complete the Pavement Rehabilitation Program, Winchester Road, PW 10-11. The work for the Pavement Rehabilitation Program, Winchester Road consisted of full -depth reclamation on Winchester Road between Roripaugh Road and Nicolas Road. More specifically, the project included the following: pulverizing the existing asphalt concrete pavement (AC), aggregate base (AB) and subgrade structural section to a depth of 1.50 feet, removal of 0.60 foot depth of excess material from the finished grade to provide for the proposed asphalt pavement section, mixing in cement to treat the remaining roadway, constructing 0.45 foot depth of Asphalt Concrete (AC) section, constructing 0.15 foot of Asphalt Rubber Hot Mix (ARHM) section, adjusting various facilities to grade, and installing traffic striping, pavement markers and legends and miscellaneous appurtenants. During construction, staff noticed that the segment of Winchester Road between Roripaugh Road and Margarita Road, just west of the project area, was showing early signs of potential failure in the form of surface cracks. Staff requested a proposal from the contractor to reconstruct the structural section of the road in selected areas and extend the final course of Asphalt, 0.15 foot ARHM, from Roripaugh Road to Margarita Road for the entire width of Winchester Road and authorized the work to be completed by executing a contract change order. Upon completion of all the work the field measured final quantities for the various items of work exceeded the original estimated quantities. The requested increase to the contingency in the amount of $68,626.04 is the amount needed to fully compensate the contractor for all authorized work. 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 year from February 2, 2012; 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 Pavement Rehabilitation Program, Winchester Road, PW10-11 is identified in the City's Capital Improvement Program, Fiscal Years 2012- 2016 and is funded with Measure A and Capital Project Reserves. Adequate funds are available in the CIP Pavement Rehabilitation Program - Citywide account for the requested $68,626.04 increase to the contingency. The base amount of the construction contract was $1,178,654.50, contract change orders totaled $266,444.84, which results in a total cost of $1,445,009.34 for the project. 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 RJ Noble Company to perform the following work of improvement: Pavement Rehabilitation Program — Winchester Road, PW 10-11 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 May 8, 2012. That upon said contract the Travelers Casualty and Surety Company of America was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Pavement Rehabilitation Program — Winchester Road, PW 10-11 6. The location of said property is: Winchester Road between Margarita Road and Nicolas Road, Temecula, California. Dated at Temecula, California, this 8th day of May, 2012 of Council Meeting City of Temecula Susan W. Jones MMC, City Clerk C \Prograrn Files (x86)1Nleevia.Corn\Document Converter\temp1945.doc Forrn 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 8th day of May, 2012 of Council Meeting. City of Temecula Susan W. Jones MMC, City Clerk C \Prograrn Files (x86)1Nleevia.Corn\Document Converter\temp1945.doc Forrn EXECUTED IN DUPLICATE BOND NUMBER 105591062 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PAVEMENT REHABILITATION -WINCHESTER ROAD (RORIPAUGH ROAD TO NICOLAS ROAD) PROJECT NO. PW10-11 KNOW ALL PERSONS BY THESE PRESENT THAT: R.J. NOBLE COMPANY, 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 NAME AND ADDRESS CONTRACTOR'S a CALIFORNIA CORPORATION , hereinafter called Principal, and (fi!l in whether a Corporation, Partnership or individual) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 21688 GATEWAY CENTER DR. DIAMOND BAR CA 91765 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 ONE HUNDRED FORTY—FOUR THOUSAND NINE HUNDRED FIFTY DOLLARS and NO CENTS ($ 144, 951.00 - - ) 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 26TH day of JULY 2011 , , a copy of which is hereto attached and made a part hereof for the construction of PAVEMENT REHABILITATION -WINCHESTER ROAD (RORIPAUGH ROAD TO NICOLAS ROAD), PROJECT NO. PW10-11. 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 was the final estimate approved on MAY 08, 2012 , 2012. 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. 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 attomey's 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 18th day of APRIL (Seal) SURETY TRAVELERS CASUALTY AND SURETY By: COMPANY 0 .AMERICA MICHA L D. STONG (Name) ATTORN Y—IN—FACT (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attomey , 2012. PRINCIPAL R. J . OBLE COMPANY By: MICHAEL J. CARVER (Name) PRESIDENT (Title) By: X iyAb4fIN. STEVE MENDOZA (Name) SECRETARY (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 c;-2,‘,1t'7.-r<7,zc=.�Z4T-A" r.�c=r-,,.c- c-• c r'.<" -t'',. .< r...c: k:.0 M.E-V.e- he -> ,,.e 2C,Y.cK`Y.c-:r .c= :- State of California ,-)'1?jl County of Orange 1 i � On 04/19/2012 before me, J. Defongh, Notary Public Date rj fi Here Insert Name and Title of the Officer personally appeared Michael J. Carver Name(s) of Signer(s) z z J. DEIONGH Commission # 1954610 Notary Public - California Orange County My Comm. Expires Oct 28, 2015 z D Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose name(,a)'is/ate subscribed to the within instrument and acknowledged to me that he/sey, executed the same in his/cr>'r'ir authorized capacity, i , and that by his/her/their signature(s1 on the instrument the person(,,a�, or the entity upon behalf of which the person acted, 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 pzy hand G .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(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): J Individual O Partner — 0 Limited O General C I Attorney in Fact O Trustee ❑ Guardian or Conservator O Other: Signer's Name: 0 Corporate Officer — Title(s): 0 Individual CJ Partner — 0 Limited ❑ General 0 Attorney in Fact Trustee Guardian or Conservator O Other: Signer Is Representing: RIGHT THU OF SIC BPRINT ER Top of thumb here Signer Is Representing: vW-42 5 ,` © 2010 National Notary Association • NationalNotary.org • 1.800 -US NOTARY (1-800-876-6827) RIGHT THUMBPRINT OF SIGNER Top of thumb here Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of Orange On 04/19/2012 •.ca'�.s-^'Z^'.,er.�-.fi�Cci�,tir..a�-,. sc-1?.cr..isK.i^.,4-��..c�;��ricif`;cv�.�.`rrcY^,:cr..r-:�Yr.�rch.,i=:�.c�.; Date personally appeared before me, J. Delongh, Notary Public Here Insert Name and Title of the Officer Steve Mendoza Name(s) of Signer(s) J. DEIONGH Commission # 1954610 Notary Public - California z z.. Orange County Comm. Expires Oct 2_8,2 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person ftsf whose name(,$)' is/are subscribed to the within instrument and acknowledged to me that he/shesy executed the same in his/# rfth& authorized capacity and that by his/her/their signature on the instrument the person ($'), or the entity upon behalf of which the person acted, 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} I hand end official seal, Signatur 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: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Cl Corporate Officer — Title(s): Li Individual ❑ Partner — ❑ Limited El General CI Attorney in Fact ❑ Trustee ❑ Guardian or Conservator CI Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Cl Corporate Officer — Title(s): Ill Individual I_J Partner — ❑ Limited ❑ General ❑ Attorney in Fact LI Trustee El Guardian or Conservator ❑ Other: Signer Is Representing: —- — © 2010 National Notary Association • NationalNotary.org• 1 -800 -US NOTARY (1-800-876-6827) RIGHT THUMBPRINT OF SIGNER Top of thumb here �l �s I �r=��r e^ecsc>�Ta� wC�ec;cres W3 Item #5907 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On —1" before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person.(,a'f whose name()'is/are- subscribed to the within instrument and acknowledged to me that he/shehithey executed the same in his/I3erftheir authorized capacity(iess, and that by his/her/4;8k signatures jon the instrument the persons% or the entity upon behalf of which the personsf 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. WITNESS my hand and official seal. Signature of Notary Public • (Notary Seal) R. NAPP�I , COMM. #1796916 33 z ¢ 1 :sb.;^� NOTARY PUBLIC • CALIFORNIA cn Fi RIVERSIDE COUNTY My Comm. Expires June 7, 2012 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed In California must contain verbiage exactly as appears above in She notary section or a separate aclvtowledgment form must be properly completed and attached to that document. 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WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 222079 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 00 4 687093 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Michael D. Stong, Rosemary Nappi, and Jeremy Pendergast of the City of Riverside , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 11 th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of January 2012 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Thompson, 'enior ice President On this the 11th day of January 2012 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-6-11 Printed in U.S.A. C . ..4AiCtA.t5Ld+ Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Powerof Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 143-th day of 20 Kevin E. Hughes, Assistant Sec tary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PAVEMENT REHABILITATION -WINCHESTER ROAD (RORIPAUGH ROAD TO NICOLAS ROAD) PROJECT NO. PW 10-11 This is to certify that R. J. Noble Co , (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PAVEMENT REHABILITATION -WINCHESTER ROAD (RORIPAUGH ROAD TO NICOLAS ROAD), PROJECT NO. PW10.11, situated in the City of Temecula, State of California, more particularly described as follows: Winchester Road INSERT 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 CCO No. 4 $ 17,630.05 CCO No. 5 $ 68,626.04 10% Retention $136,325.26 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: 4 /4 /2012 By: RELEASE CONTRACTOR Ryan Overman / R.J. Noble Company Print Name and Title R-1 PW 10 -11 -aid Docs docc Item No. 8 City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 8, 2012 SUBJECT: Professional Services Agreement for the Design of the Temecula Community Center Renovation, PW12-01 PREPARED BY: David McBride, Senior Engineer Bill McAteer, Construction Manager — CIP RECOMMENDATION: 1. Approve a transfer and an appropriation of $183,715 from the Old Town Gymnasium to the Temecula Community Center Renovation; 2. Approve an Agreement with Williams Architects, Inc. in the amount of $130,650 for the design of the Temecula Community Center Renovation, PW12-01; 3. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $13,065, which is equal to 10% of the agreement amount. BACKGROUND: The Temecula Community Center is a 6,200 square foot facility originally constructed in 1984. The center consists of a multi-purpose room, meeting room and classroom utilized for various community recreational activities such as dance, arts and crafts classes, meetings and special events. The facility is in need of a major renovation to bring it up to current code requirements (e.g., seismic and ADA) and energy standards (e.g., I -{VAC, and lighting), replacement of outdated and worn equipment and updating of the building form and function to better meet the needs of the community. Staff solicited proposals from qualified architectural firms to devise concepts for the renovation of the Temecula Community Center for the City's consideration, to prepare the full construction plans of the approved renovation concept and to provide assistance through construction of the renovation. On March 1, 2012, the City received thirteen proposals and upon review by Staff it was clear that Williams Architects, Inc. (WAI) was the best choice to undertake this effort. WAI has successfully completed several similar projects with other public agencies. The proposed fee of $130,650 was negotiated and considering the scope of work, the fee is reasonable. In order to approve this agreement, it is necessary to transfer and appropriate $183,715 from the Old Town Gymnasium project and establish the Temecula Community Center Renovation account. The amount represents the design agreement, the 10% contingency amount of $13,065 and $40,000 for administrative costs. The full funding for the project will be considered within Fiscal Year 2012-13 Capital Improvement Program Budget process. FISCAL IMPACT: With the transfer and appropriation of $183,715 from the Old Town Gymnasium Account No. 210.190.186 to the Temecula Community Center Renovation Account No. 210.165.754 there will be adequate funds to undertake the design portion of this project. The source of the transferred funds for design is Community Development Block Grant (CDBG). The proposed budget, for the entire project, is attached within the project description which is under consideration as part of the Fiscal Year 2012-13 Capital Improvement Program Budget process. ATTACHMENTS: 1. Agreement 2. Project Description 3. Project Location AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND WILLIAMS ARCHITECTS, INC TEMECULA COMMUNITY CENTER RENOVATION PW12-01 THIS AGREEMENT is made and effective as of May 8, 2012, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and Williams Architects, Inc., a 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 May 8, 2012 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2014 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this 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://wvvw.dir.ca.gov. 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 $50.04 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 $130,650 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 manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within 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 not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section 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, without the written consent of the Consultant. 9. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND a. Indemnity for Design Professional Services. In the connection with its design professional services, Consultant shall hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials (collectively, "Indemnitees"), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub - consultants, or agents in the performance of its professional services under this Agreement. b. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Paragraph 9.a. above, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such Toss or damage arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 9.b. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees." 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: 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. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions 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 Successor Agency to the Temecula Redevelopment Agency, 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 Successor Agency to the Temecula Redevelopment Agency, 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, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, 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/or the Successor Agency to the Temecula Redevelopment Agency, 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 mariner. 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 riot 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 mariner 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 riot 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 riot 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 riot 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 riot 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 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 Consultant: 15. ASSIGNMENT Williams Architects, Inc. Attn: Max E. Williams 276 N. Second Ave. Upland, CA 91786 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 OFTEMECULA Williams Architects, Inc. By: By: Chuck Washington, Mayor Max E. Williams, President ATTEST: By: By: SUSAN W. JONES, MMC, CITY Rene Glynn, Vice President CLERK APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Williams Architects Inc. Max E. Williams 276 N. Second Ave. Upland, CA 91786 909-981-5188 909-981-7207 maxw@keyway.net PM Initials: Date: D EXHIBIT A TASKS TO BE PERFORMED EXHIBIT B PAYMENT RATES AND SCHEDULE ATTACHMENT 'A' TASKS TO BE PERFORMED DATE: March 26, 2012 (Revised April 4, 2012) PROJECT: City of Temecula Community Center Renovation, Project No. PW12-01 As you requested, the following task outline is submitted for your review and approval. A. PROJECT DESCRIPTION The City of Temecula Community Center building is located at 28816 Pujol Street and is approximately 6,230 S.F. in floor area. The building is one-story of wood and masonry construction. The original building was constructed in 1970's and later expanded in 1991. The building currently has a Targe multipurpose room, commercial kitchen, offices, restrooms, meeting rooms and storage. The intent of the proposed project is to modernize and seismically strengthen the building along with revised functional areas. The options for the various improvements are to be presented and evaluated in the concept design phase. The options are to address the following suggested improvements. EXTERIOR IMPROVEMENTS: a. Upgrade exterior with new cementitious wood siding and colors. b. Replace roofing tiles with metal roof. c. Add double doors to front. d. Add gable end roofs (dormers) at entries. e. Raise windows to standard height. f. Extend covered walk roof along front if appropriate. g. Add patio to front and/or at north end. h. Add trash enclosure. i. Add skylights in roof if possible. j. Add lighting in parking lot. k. Replace asphalt paving in parking lot (bid alternative — separately funded). INTERIOR IMPROVEMENTS AS APPROPRIATE: a. Seismic upgrade of structure. b. Upgrade the interior finishes: colors and materials. Name: Temecula Community Center Renovation Date: March 26, 2012 Page2 of 8 c. Increase lobby size by removing existing front office. d. Install new doors and windows throughout the building, add windows in multipurpose room if possible. e. Install new flooring and wall finishes throughout the building, include options. f. Replace existing T -Bar ceiling or leave open to trusses for more open feeling. g. Replace all cabinets (or resurface). h. Remodel kitchen and replace appliances or convert to smaller catering kitchen. i. Remove beer bar in multipurpose room. j. Remove roll -up door in office. k. Remove existing HVAC systems and install high efficiency HVAC equipment and energy management system. I. Refurbish existing restrooms by installing new plumbing fixtures, counters and lavatories, toilet partitions, and wall/floor finishes. m. Revise electrical system and lighting and coordinate with city's IT staff for data/telephone systems. B. SCOPE OF SERVICES Williams Architects Inc. (WAI) will provide customary architectural design and planning services for the above-described project as follows. 1. SCHEMATIC/CONCEPT DESIGN PHASE will include studies floor plan(s) and exterior elevations for review with Client. a. Confirm city and other agency code requirements. Review owner provided documents, drawings, and information. b. Conduct site visit to verify and document existing conditions applicable to the project. c. Research and assess existing on-site utilities and the general adequacy of each utility for the proposed project. d. Produce two concept options for floor plan and building elevations and/or sections as necessary to describe the proposed project options based on space program and other direction provided by Client. R:wa i\proposals\2012\prp0112temeculacommunitycenter\attachment A Name: Temecula Community Center Renovation Date: March 26, 2012 Page 3 of 8 e. Prepare colored drawings of both options for discussion and client selection of preferred color pallet. f. Refine concept after review by Client and other departments to illustrate the agreed upon project work. Prepare color drawings of selected option. g. Prepare a concept cost budget for each option and final concept. h. Williams Architects, Inc. will coordinate with the following consultants retained by Client for special studies or services if required: soil/geotechnical investigation, traffic study, acoustic analysis, hazardous material studies/reports, habitat/endangered species studies, or similar special services. WAI will request proposals from and contract with these consultants if so directed by client as an additional service. i. Review meetings with Client, three (3), and informal meetings with other department staff, one (1). j• This phase will require approximately eight (8) weeks to complete and be ready for Client final approval. Work can begin as early as April 1, 2012. Williams Architects, Inc. (WAI) will provide customary architectural, structural, mechanical, electrical and plumbing engineering services as defined in AIA Document B141, 2007 Edition. In addition, other services as listed below are included in the scope of services unless specifically excluded. Any services not normally furnished in accordance with generally accepted industry practice will be considered additional services. The scope of services, terms and conditions of this proposal shall govern over those of the standard document. 2. DESIGN DEVELOPMENT PHASE documents will be prepared based on Client approved Concept Design Documents, the disciplines included, and the budget for the cost of construction are as follows: a. The design development documents will illustrate and describe in detail the architectural elements; structural, mechanical, plumbing, electrical and other systems. Outline specifications will be prepared that identify major materials and systems and establish, in general, their levels of quality. This represents construction documents at about thirty-five percent (35%) complete. R:wai\proposals \2012\prp0112temeculacommunitycenter\attachment A Name: Temecula Community Center Renovation Date: March 26, 2012 Page 4 of 8 b. The construction cost estimate will be updated for review with Client to maintain cost control. c. Review meetings with Client, two (2). d. This phase will require approximately six (6) weeks to complete drawings ready for Client review. The cost estimate update will be complete two (2) weeks after the drawings are complete. Depending on the number and types of alternates. 3. CONSTRUCTION DOCUMENTS PHASE will include the preparation of "Working Drawings" based on Client approved design development documents prior to commencement of work. The construction document package will include drawings, specifications and calculations as appropriate. a. Architectural Drawings: Title sheet; site plan, floor plan(s); reflected ceiling plan; roof plan; interior elevations; schedules for doors, windows and finishes; demolition plan; construction notes and legends; fixed cabinet elevations; details for framing, ceilings, finish work or other architectural elements; general notes and specifications, etc. b. Structural Drawings and Calculations: Analysis of floor, wall and roof framing systems; analysis of seismic, wind and other loads: methods for resisting lateral loads: framing details, notes, legend and specifications, etc. c. Mechanical Drawings and Calculations: Mechanical plan, ceiling plan, energy calculations (Title 24), duct layout, details, equipment schedule, notes, legend and specifications, etc. d. Plumbing Drawings and Calculations: Plumbing plan, calculations for pipe sizes, isometric diagram, fixture schedule, notes, legend and specifications, etc. e. Electrical Drawings and Calculations: Power plan, lighting plan, signal and fire alarm plan, security alarm system, telephone/data system, single -line diagram, fixture schedule, notes, legend and specifications, etc. R:wai\proposals\2012\prp0112temeculacommunitycenter\attachment A Name: Temecula Community Center Renovation Date: March 26, 2012 Page 5 of 8 f. Civil engineering drawings for patios/concrete walks, etc. g. Landscape planting, irrigation plan and specifications. h. A final construction cost estimate will be prepared and reviewed with Client. i. Two (2) review meetings with Client to finalize optional products and finishes. J. This phase will require approximately eight (8) weeks to complete drawings ready for submittal to building department. Client must review and approve drawings prior to submittal. The cost estimate will be complete two (2) weeks after the drawings are complete depending on the number and types of alternates. 4. BUILDING PERMIT PHASE will include submittal of documents produced by Williams Architects, Inc. and WAI sub -consultants to Building Department, and other departments or agencies, monitoring of plan check, corrections and re -submittal, as required, and follow up to approval of plans ready for general building permits. This phase will require approximately five (5) weeks to complete. 5. BID PHASE services will consist of the following if requested by Client: Provide technical specifications and documents for bidding, answering questions during bidding, and issuing of addenda for clarification. Each discipline included in the construction document phase (typically Architectural/Structural/Mechanical/Plumbing/Electrical) will provide services in this phase as needed. This phase will require approximately four (4) weeks to complete and followed by evaluation and award of contract which may require 2 to 3 weeks. 6. CONSTRUCTION ADMINISTRATION PHASE services will consist of the following if requested by Client: periodic site visits when Client requests, shop drawing review, clarification drawings and answering construction related questions as needed or as requested by Client. Each discipline included in the construction document phase (typically Architectural, Structural, Mechanical, Plumbing, Electrical) will provide services in this phase as needed. Client or contractor initiated change orders and evaluation of requests for substitution are additional services. Architectural Services will be complete upon issuance of the "Notice of Substantial R:wal\proposals\2012\prp0112temeculacommunitycenter\attachment A Name: Temecula Community Center Renovation Date: March 26, 2012 Page 6 of 8 Completion" along with a "Punch List" of minor items of work to be completed by the contractor. C. EXCLUSIONS The following expenses are directly related to the project, but are not a part of the compensation for services listed above. They are to be provided by Client, or by WAI if so directed by Client, as additional services. 1. Reimbursable expenses include CADD plotting, renderings, models, and reproduction costs for drawings, specifications, and calculations for agency required submittals, progress reviews, record sets, financial packages, plan check, bidding and construction or for any other purpose (Allow $2,500.00). 2. Filing or other fees required for processing by governmental agencies including, but not limited to, plan check fee, C.U.P. fee, etc. 3. Agency processing of documents for design or plot plan review, conditional use permit, other planning or special approvals and permits. 4. Civil engineering plans for drainage, street improvements, parcel maps and related documents; boundary and/or topographic surveys; BMP, WQMP, SWPPP, construction staking and grading certification and all agency required elements. (By Clients civil engineer). 5. Geotechnical engineering and soils report with foundation, grading and paving recommendations, fault proximity factors, etc. as per code and agency requirements (By Client's consultant). 6. Models, renderings, marketing/sales drawings or other formal presentation materials and drawings (Except as listed in paragraph 'B' above). Computer generated models, 3D renderings, videos, etc. can be provided as an additional service. 7. Fire sprinkler system design and construction documents. These services will be provided by design/build contractor as required per state law. 8. Security and fire alarm, audio-visual, voting, telephone, data and signal, computer and other communication systems design and construction documents (By Client's consultants or suppliers.) WAI will provide basic systems designs and work with client to design each system. R:wai\ proposals \2012\prp0112temeculacommunitycenter\attachment A Name: Temecula Community Center Renovation Date: March 26, 2012 Page 7 of 8 9. Truss design or other design/build components, calculations and drawings. These services will be provided by design/build contractor. WAI and structural engineer will provide design criteria and review plans prior to submittal for plan check. 10. Interior design and furnishings such as window coverings, non -fixed cabinets, chairs, tables, and desks. (By Client or Client's Consultant). Standard finishes for floors (carpet, VCT, stone/tile), ceilings (t -bar, GWB) and walls (paint, fabric) are included in the base building construction documents. 11. Exterior or interior signage design, construction documents or fabrication drawings (By Client's sign contractor). 12. Processing of deferred submittal items for plan check and permits such as fire sprinklers, trusses, and other design build systems. (WAI will provide these services if requested as an additional service). WAI will provide design criteria and review plans prior to submittal for plan check. 13. Multiple bid packages or work with construction managers, owner/builder, or other multiple prime contractors where several separate bid packages must be prepared for subcontractor bids. Construction documents are prepared to be bid as one package to several general contractors at one time. (WAI will provide these services if requested as an additional service). 14. Preparation of record ("as -built") drawings (by client's contractor). (WAI will provide these services if requested as an additional service). 15. Environmental engineering involving AQMD permits, endangered species, protected habitat or other environmental studies/surveys or reports (By Client's Consultants). 16. Hazardous materials survey and report with recommendations and requirements for removal and disposal or other environmental surveys or reports (By Client's Consultants). 17. Changes to the project design, which are initiated by Client after completion of any phase, necessitate complicated revisions to numerous drawings, calculations and coordination between all disciplines. As a result, all changes are considered additional services and are specifically excluded from the scope of services listed above. R:wa i\proposals\2012\prp0112temeculacommunitycenter\attachment A Name: Temecula Community Center Renovation Date: March 26, 2012 Page 8 of 8 D. CLIENT PROVIDED INFORMATION 1. Client is to provide or have provided to Williams Architects, Inc. the following information in order to start the work or direct WAI to proceed without this information, which may result in changes or extra services during the project phases. 2. Title Report or similar document showing legal description, easements and covenants, conditions and restrictions. 3. Soils or geologic report with recommendations for foundation design, grading and paving recommendations, fault proximity factors etc. or direct WAI to proceed based on minimum soil bearing values allowed by code. (6 signed copies) 4. Construction drawings of any existing buildings, grading and utilities. 5. Development cost budget including construction cost budget, budget for City or other agency fees, budget for interior finishes/furniture/equipment and other costs. This information was previously provided and will be used as a guide for design of the renocation. Max E. Williams, AIA, AICP Architect/President C8402 R:wai\proposals\2012\prp0112temeculacommunitycenter\attachment A Comprehensiw Schedule of Work TEMECULA COMMUNITY CENTER RENOVATION April 11, 2012 Prepared by: Williams Architects, Inc. 1 PROJECT SCHEDULE TEMECULA COMMINITY CENTER RENOVATION Establish Priorities sith ' Staff MEEERACIMUMUUMMEDMMEWIMMCIMMEMMMIEIKIRIMMEEIMMEIMMKIKIMMEEIMMEIMMMCIMEIMM • ,ffrAtrefffre:Arfror'rAfW4trtrffr,:"'4' tflrAfrArAltrW • 1•11111111111111111111111111111111111111111111111111M =170MINIMEN1111111111111111111111111111••••••••••••••••••••••••••••••1011111111111111111111111111111111••••• mlommmmmimmmmmiiiiimiiisimiminimm=========================wimmmim mmmmeommissommoimm===========•11111111111111111111•========M1111111111111111111111111111111•11111=11111 MEMIMUMB ===================1M1111111111MIMIIMMMM=MMIMIMIIIIIIIIIIIIM============ 41111111EIRMELEEI .ME===iEl IM================MMIMMMIIMMIIIIIIIIMIMEMIIIIIRMIMIMIIMMMM=MM===== Mi=MMEHEREA IN1==================MIIMIMIEIMINIIM=====MIIMIIIM11111=========== MMM:MEIEISM === ========111.11111111111MMEIMEMMINIIIIMINIIIIMMM=M=================MNIMIll OMELIZEME =UM ====EMMENIIIIIMIMIIMM1=============IIMMIIIIIIMIIMM====MINNIIIMEINIIIMIMIMM MiMMEMEEI NAL MIMEO -------------------------------------------- ifr ====== IMM=Mal ==============IMMEINIIIIIIIIMIIIIIIII===================== SAE •M===== ============MMIIIIIIIIIIMMIMMIIIIMNIIIMM============MMIIIIMIIMIMI IMMMMMIIMMOOMIIIMIIIIMIIIMMIN1======IMIMIIIIIIIIIMM=========1101111111MEM=====EMNIIIIMMIIMM • MMMIMIMIIIIMMIIIIIIIMMMEMMIIIIMEMIIIINIMMEMMM=========111111011111====MIIIIIMINMEMIMM===— Mi===l1Mir ====== IIIMMINIIIMEIMEIMMIMIMMEMMIMM=MM=========MIMMIIIMMIMIENIEMIMMMM=M=== MIM=E=IMIR IMMMIMMIIMMIIIIIMMIMM=======i11•1111111MMIIMMMMIMIRMIIIMM======= MMMIEMSEk ---------MIMMIEMENSI REM ====== =======1111111111==111111MMI ====== ======= ---------------------------------------------------- - MEMENEEMINEHMERIMEIM===================IIIIIIIMIIIIIIMM===========MIMIIIIMIIMMIIIIIIIIM MEM IMEMEINI111111111111==================MIIIIIMMIIIIIIIMINM===========1111MIIMMIMIMIIMINIM WRIMMEMEIMM=MM========MIMIIIIIIMEMI=M1111111111MM=M=MM=====IIIIIMMEMEINIMMINM=MM=MM INMEMIIIMIMMM===========MMINIIIIMMMMIIIIIIIIIMMM========MMIIIMEIMMIIIIIIMM====== NERMENMIONMM=M==========MIMMEINNIMMIIIIIIMIIIIM==========MIMINIMEIMIRIMMM===== IRM MINM=1 ME ------------- 11111•11MMIIIIIIIIIIM==========MIIIIIMMIMIIMINIII1========== IM1=============MIIIIMIMIIIIINIMIMM===========MI ----------------------------------------------------------- 1101MMIEM 1=============MMIMM=M=MMIMIMINIIIMEMERIIIMIMIM========== MMIIIIIDEND • '========M111111111•MM MN -111111111111-- MEMO- Isram:NEED 111============= IIIMMMIIIIMIIIIIMM=====MEMIIIIIIMMMMIME=========== IIIMM2MEEIINN ==============•11111 111111MM=MM=========111111111111============== IMEREMMMBINEi IIMM1=============11101111 -MEM IIIIIMMEMEEI ===n1IIMMIIM======MIMIIIIIIIIIMMIIIIMM1========= --------------------------------------------------- MEM=MIIMIIIIIIIIIM1======MIIIIIIIIIMMIMMMMMIMIMI101111111====.11111111MMMMMMMMIMIIIIMMMMMINIIIIIMIIR MMMNIM RN 'MIEMMEMM=MMIIIIIIM======= =MIMI MIII1===.111M IM======== MIIIIIMMEMMEIEM MI=M:E:liEl VW IMMIIIIIMMM=IMIIIMM=======•1111===MINIMMIMMMM M=M:IDEINFA IMMIMIMIIIIMIMM=MM======== 111111111111MIMIIM=========MMIIIIMENIIIIIMAIll======== MEMWDE21114M„ 11111111111111111M1============== 11111M==========MENIIIIIMIIIMI1========= MiMMILMEI IIIIM1============IMMIIIIMM==== IMM======IIIIMIMMIREIMMMM========== MiMMINEUEION MIIINIIIIMIEMMIMM======1•1101MMIMMIll MMMI3ELF3 •---------------------- =====MMIMIIIMIIMMMMIIMMM=========1M1 MiCMNIEEME RA ============MINIIIIIIIIMMMINII==== ====i1111111MEMMION1=========MMIIIIMINNIMMI ==== ====== MUMMIEDME3IMU .============MMINIIIIIIIIIIMMM=MMM MIMIMEMEIIIIIIMMEMM=MMMM=MMMIENMERIMMI MEM ilIELINER, =========111111111•1=====MIIIIMM===== 1111=MM11111111=======MIIIIIIIMOMMIMMIMINII NEEMMIDOMB ====== IIIMMINIMM===========11111111111111111•1=========111111111 --- MINIM --- =MN MIMI= III INIIIMMEIIIIIMIM===========1•1111111111•1111111M1====== =MM.. MMMM ------- - MENNERAMIERMIIMM=MMM=MMMMMIMMIIIIIIMMIZIMMIMMMMMMMIIMIIIMMIIIIIIIIMMIMMMM=MMMIMMINIMEM IIMMEMENEME=========MIIIMIIIMIMIMINIIMM=======MIIIIIMMINIIIMMM======•11111111=1111•111.1== IMMIERM=======.111IIIIMMIRIIIMEMM=M=MMIMIMIIMMII 11111 ---MINIM RIM MERMEE1===========111111111111MM=========11111111111= 11.1=== M=MMI ,,-11111MMIMIMMMMMMIIIIMEIMMMIM111========111111EMMMENIMMMMM=M1111===M111111111MMM -------------------------------------------------- 11111=========MIIIIIIMMIIMIONIIMM=======NIONIMMIIIMM=======1•111111111•1======== IIMIMMEIMIEM.MMMMMMMEIMMINIMEMMMMMEMMENIMII.E.MMMMM.MMEMMEEMMM Mogan • vs4th Ci Staff Conce Dassin Mogan • vath Ci Staff Present to Park and Rec Comrnittee/Prs • re Minutes Present to Nei • hborhood/Pre • re Minutes if r • 're • 1l1d - • • Plurnbin • DravAn • ElecMcal DravA • Structural Drina • Submit for • • Plan Check Monitorin • P mit Issue for Sidcin • Contract Administration Job Meelin • Conduction Observation Site Visits Review Contractor P A. • iCal54111 NA Testi • amd In • ction ROVIOWSOIViC•ii Answer Contractor Questions RFI. Pre. e Bulletins Clatifications or Chan • M the Work Pro . — Punch List Etc. 4/11/2012 Page 1 of 1 ComprehensiveSchedule_of_Work.xle EXHIBIT B PAYMENT RATES AND SCHEDULE ATTACHMENT `B' Payment Rates and Schedule March 26, 2012 (Revised April 3, 2012) A. SCHEMATIC/CONCEPT DESIGN PHASE (Task item B.1) Compensation for this Phase is to be a lump sum fee for labor of $26,000.00. Allow $1,200.00 for reimbursable expenses. B. DESIGN DEVELOPMENT PHASE (Task item B.2) Compensation for this phase is to be a lump sum fee for labor of $25,200.00. Allow $800.00 for reimbursable expenses. C. CONSTRUCTION DOCUMENTS PHASE (Task item B.3) Compensation for this phase is to be a lump sum fee for labor of $50,650.00. Allow $800.00 for reimbursable expenses. D. PLAN CHECK PHASE (Task item B.4) Compensation for this phase is to be a lump sum fee for labor of $4,400.00. Allow $400.00 for reimbursable expenses. E. BID PHASE SERVICES (Task item B.5) Compensation for this phase is to be a lump sum fee for labor of $5,000.00. Allow $800.00 for reimbursable expenses. F. CONSTRUCTION PHASE SERVICES (Task item B.6) Compensation for this phase is to be a lump sum fee for labor of $15,000.00 Allow $400.00 for reimbursable expenses. G. COMPENSATION SUMMARY 1. The Total Lump Sum Fee for Labor for phases and disciplines outlined is $126,250.00 based on the project description and Scope of Services. This fee is subject to the conditions stated in each phase as well as the standard terms and conditions. See the following fee proforma for a breakdown of the fee by discipline and phase. Reimbursable Expenses are in addition to the labor fee and estimated to be $4,400.00. The fees are subject to adjustment based on the final approved design phase. 2. Extra or additional services will be provided when requested by Client on a time and materials fee basis. The hourly rates are as shown on the attached Standard Hourly Rate form or at the rates in effect at the time services are requested. Materials and R:wai\proposals\2012\prp0112temeculacommunitycenter\attachment B sub -consultant services retained by Williams Architects, Inc. will be billed at cost plus twenty percent. 3. Invoices for services will be rendered at the intervals shown, or monthly, for work completed during the preceding period. Invoices are due and payable when received. A late payment charge of one and one-half percent (1-1/2%) per month will be paid by Client on any unpaid balance commencing thirty (30) days after the date of the invoice. If an invoice has not been paid within 45 days from the date of the invoice, Architect may suspend all services until payment is received without breach of agreement by/or penalty to architect. Schedules of hourly rates are on the following pages. R:wai\proposals\2012\prp0112temeculacommunitycenter\attachment B RATE SCHEDULE "A" STANDARD HOURLY RATE SCHEDULE BY PROFESSIONAL CATEGORY (Not all categories need apply to this contract) . WAI STAFF: A01 - Principal Architect All - Principal Architectural Designer (Max Williams) A02 - Project Architect A04 - Project Manager (Rene Glynn) A03 - Architectural Designer A09 - Project Coordinator/CADD A10 - Interior Designer A05 - CADD Drafter A07 - Project Administrator A08 - Secretarial Support SUB -CONSULTANTS may be retained for the following services: Structural Engineer M/P/E Engineering Services Landscape Architect Civil Engineer Other Specialized Services Cost + 20% Cost + 20% Cost + 20% Cost + 20% Cost + 20% $165.00 $145.00 $130.00 $110.00 $100.00 $95.00 $85.00 $75.00 $75.00 $60.00 These are current rates for all work done on a time -and -material fee basis and a normal time schedule. Accelerated time schedules requiring overtime or expedited work will be charged at one and one-half (11) times the standard rates. Materials and subconsultant services retained by Williams Architects, Inc. will be billed at cost plus fifteen percent (15%). Rates are subject to adjustment without notice (normally on January 1st and July 1st of each year). Reimbursable expenses normally include plotting, reproduction costs, and shipping. These will be billed at cost plus fifteen percent. Terms: Net 30 days. A late charge will be computed at the rate of 1-1/2% per month for amounts due past 30 days from the date of invoice. 01/12 R:wai\proposals\Schedule B DESIGN WEST ENGINEERING 2012 SCHEDULE OF HOURLY RATES 275 W. Hospitality Lane, Suite 100 San Bernardino, CA 92408 Tel: 9099-890-3700 Fax: 909-890-3770 Emelt Infoadesignwesteng.com PRINCIPAL ENGINEERING $160.00 per hour ENERGY SERVICES Director of Energy Services Engineering Energy Services Engineer Energy Services Designer $140.00 per hour $115.00 per hour $75.00 per hour MECHANICAL & PLUMBING ENGINEERING Studio Engineer, Mechanical $140.00 per hour Mechanical Design Engineer $115.00 per hour Mechanical Designer $95.00 per hour Mechanical CAD Draftsperson $75.00 per hour ELECTRICAL ENGINEERING Studio Engineer, Electrical $140.00 per hour Electrical Design Engineer $115.00 per hour Electrical Designer $95.00 per hour Electrical CAD Draftsperson $75.00 per hour LOW VOLTAGE ENGINEERING Studio Engineer, Low Voltage $140.00 per hour Low Voltage Design kngineer $115.00 per hour Low Voltage CAD Draftsperson $75.00 per hour Clerical $58.00 per hour MECHANICAL • ELECTRICAL • PLUMBING • ENERGY Temecula Community Center Renovations J. C. Lian & Associates Structural Engineers Principal $145.00 Drafter $75.00 Clerical $60.00 Wilson Associates Landscape Architects Principal $145.00 Project Manager $110.00 Draftsmen $75.00 Clerical $45.00 PROJECT DESCRIPTION Project Description: Benefit/QLMP Project Status Department: Project Cost: Administration Construction Construction Engineering Design Fixtures/Furn/Equip Utilities Totals Source of Funds: CDBG Total Funding: Future 0 & M Cost: Temecula Community Center Renovation Project will include the design and construction of the renovation of the Temecula Community Center including seismic upgrades, energy efficient HVAC systems and windows and other tenant improvements. This project will upgrade the building to current building codes and standards and make it more energy efficient. It satisfies "Healthy and Livable City" core value of the QLMP. Design development Public Works Actuals to Date PRIORITY: I Total Project 2012-13 2013-14 2014-15 2015-16 2016-17 Cost $ 270,400 $ 1,100, 000 $ 50,000 $ 150,000 $ 10,000 $ 10,000 $ - $ 1,590,400 $ $ $ 1,590,400 $ 270,400 $ 1,100,000 $ 50,000 $ 150,000 $ 10,000 $ 10,000 $ $ - $ 1,590,400 $ - $ 1,590,400 $ 3,000 $ 3,300 $ 3,600 $ 3,900 $ 1,590,400 $ 1,590,400 '� F. (:ITS OF fTEMECULA Temecula Community Center, 28816 Pujol St., Temecula, CA -7„..• -,MTwWSa . ,1ppa1 runs. �� \ .. � ti. �% ll. t' �j� ., � , 111101, • _ 1 too" N , ,f1J, , , ? ;. • ! r a 1 t e.l. 1 % .• .Z \ i . ? ` tz ••' 111 ., � aar+��ti': •. j1. aVG � 2. j c � ,r Z Legend A., Streets 0 Parcels Aerial 2010 0 350 700 1050 ft. N Scale: 1:3,543 • Map center: 6287953, 2122385 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Item No. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 8, 2012 SUBJECT: Construction Contract for the Citywide Slurry Seal Project Fiscal Year 2011-12, PW 11-09 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer - CIP RECOMMENDATION: 1. Approve the transfer of the balance of Proposition 1B funds totaling $259,516, from the Capital Improvement Funds (210 Account) for Road and Storm Drain Repair at Rancho California Road ($37,995); Road Reconstruction at Jedediah Smith Road, Cabrillo Avenue, and Vallejo Avenue ($19,163); and Citywide Slurry Seal Project Fiscal Year 2009-10 ($202,358), to the General Fund for the Citywide Slurry Seal Project Fiscal Year 2011-12, PW 11-09; 2. Approve the appropriation and transfer of $511,355 from the Gas Tax Fund Balance to the General Fund for the Citywide Slurry Project Fiscal Year 2011-12, PW 1 1-09; 3. Award the construction contract for the Citywide Slurry Seal Project Fiscal Year 2011-12, PW 11-09, portions of Paseo Del Sol, California Sunset, Rainbow Canyon, and Starlight Ridge areas, to American Asphalt South, Inc. in the amount of $700,791.50; 4. Authorize the City Manager to approve change orders not to exceed the contingency amount of $70,079.15, which is equal to 10% of the contract amount; 5. Make a finding that the Citywide Slurry Seal Project Fiscal Year 2011-12 Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: The Citywide Slurry Seal Project Fiscal Year 2011-12 is an annual project that will utilize Rubber Polymer Modified Slurry (RPMS) to seal the roadways in the project area against water intrusion and help protect the asphalt concrete pavement wearing surface. Ideally, slurry seal is applied every five to seven years to prolong pavement life and delay more costly rehabilitation measures such as asphalt concrete overlays or removal and reconstruction. Slurry sealing involves cleaning and sealing the existing cracks on the roadway surface, applying the slurry, and restoring pavement delineation. On January 10, 2012, the City Council approved the Plans and Specifications and authorized staff to solicit construction bids. On April 5, 2012, seven bids were electronically opened and publicly posted on PlanetBids. The results were as follows: 1. American Asphalt South, Inc. $ 700,791.50 2. All American Asphalt $ 779,100.00 3. Valley Slurry Seal $ 862,274.00 4. Pavement Coatings Company, Inc. $13,672,804.00 Roy Allan Slurry Seal, Inc. Western Pavement Solutions Doug Martin Staff has reviewed the bids and found American Asphalt South, Inc. to be the lowest responsible bidder. American Asphalt South, Inc. has public contracting experience and has successfully undertaken similar projects for other public agencies in Southern California. Staff has deemed the bids submitted by Roy Allen Slurry Seal, Inc., Western Pavement Solutions, and Doug Martin as non-responsive due to the fact that the City did not receive their original bid bonds within the 24-hour after bid opening as required by the project Specifications, Notice Inviting Bids Section Number "7" and Instruction to Bidders, Section 2, "Proposal", Item Number "i." The Engineer's Estimate for the work is $659,400. The specifications allow for a work schedule of 40 working days. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Citywide Slurry Seal Project Fiscal Year 2011-12 consists of removing existing striping, crack sealing and slurring existing streets, therefore there are no new disturbed areas subject to MSHCP fees, and thus this project is exempt. Upon completion and close-out of the three projects noted above as funded with Proposition 1B funds, each had remaining Prop 1B funds available for use on appropriate projects. The requested transfer will program the last of the available Prop 1B funds to this project and fulfill the City's obligation to encumber all Prop 1B funds by June 30, 2012. Annually the City receives Gas Tax allocation estimates from the State and budgets those revenues accordingly. Because the State's Gas Tax allocation estimates are conservative, actual revenues typically exceed the allocation estimate. Any Gas Tax revenue received in excess of the allocation estimate is held in fund balance. The requested Gas Tax appropriation will draw from that available fund balance, any remaining balance will be included in the upcoming operating budget. FISCAL IMPACT: The approval of the appropriation and transfer of Proposition 1B and Gas Tax funds will make adequate funds available in the Routine Street Maintenance account to cover the requested budget of $770,870.65, which includes the $700,791.50 contract plus the 10% contingency of $70,079.15 for the Citywide Slurry Seal Project Fiscal Year 2011-12. ATTACHMENTS: 1. Contract 2. Slurry Street Lists CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT FOR CITYWIDE SLURRY SEAL FY 2091-12 PROJECT NO. PW11-09 THIS CONTRACT, made and entered into the 8th day of May, 2012 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and American Asphalt South, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled CITYWIDE SLURRY SEAL FY 2011-12, PROJECT NO. PW11-09, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for CITYWIDE SLURRY SEAL FY 2011-12, PROJECT NO. PW11-09. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for CITYWIDE SLURRY SEAL FY 2011-12, PROJECT NO. PW11-09. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: CITYWIDESLURRY SEAL FY 2011-12, PROJECT NO. PW11-09 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: SEVEN HUNDRED THOUSAND SEVEN HUNDRED NINETY-ONE DOLLARS and FIFTY CENTS ($700,791.50), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed "Forty" (40) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety-five percent (95%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $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 Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT, and/or SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. The CONTRACTOR shall defend and indemnify (including the appointment of competent defense counsel) the CITY from any claims, demands, legal proceedings, writs of mandate, and the like, initiated by any third parties challenging the award of this Contract to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the CITY who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any CITY officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the CONTRACTOR has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR American Asphalt South, Inc. 14436 Santa Ana Avenue Fontana, CA 92337 (909) 427-8276 By: Jeff Petty, Vice President By: Lyle Stone, Secretary (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney DB Slurry 2011-12 Paseo del Sol Area A - Paseo del Sol Area B - Paseo del Sol Area C Centerline Parcels r\giskarcmap projects\public works \slurry, seal areas 2011_2012 white kb.mxcl SLURRY SEAL 2011-2012 (August 25, 2011) AREA NAME STREET LENGTH GENPLAN WIDTH PAVING AREA Paseo del Sol Area A EMPEZAR ST 222.63 40 8,905.28 Paseo del Sol Area A FESTIVO ST 545.54 40 21,821.44 Paseo del Sol Area A FESTIVO ST 162.15 40 6,486.20 Paseo del Sol Area A PARCELA CT 226.91 40 9,076.58 Paseo del Sol Area A PAVIA WY 197.77 40 7910.80 Paseo del Sol Area A PENSADOR ST 858.60 40 34,343.91 Paseo del Sol Area A SEMENA ST 203.34 40 8,133.79 Paseo del Sol Area A TERRAZA CT 590.33 40 23,613.31 Paseo del Sol Area A TERRAZA CT 204.12 40 8,164.72 Paseo del Sol Area A TERRAZA CT 202.48 40 8,099.01 Paseo del Sol Area A VIA DESTELLO 547.22 40 21,888.96 Paseo del Sol Area A VIA DESTELLO 883.57 40 35,342.61 Paseo del Sol Area A VIA DESTELLO 280.83 40 11,233.03 Paseo del Sol Area A VIA DESTELLO 297.58 40 11,903.21 Paseo del Sol Area A VIA DESTELLO 286.38 40 11,455.29 TOTAL 5,709.45 228,378.14 Paseo del Sol Area B AUGUSTA WY 177.94 40 7,117.58 Paseo del Sol Area B AVOLA CT 393.75 40 15,750.11 Paseo del Sol Area B BARSANTI DR 388.39 40 15,535.79 Paseo del Sol Area B BASSANO DR 355.80 40 14,232.09 Paseo del Sol Area B BELLOTA CT 303.20 40 12,127.82 Paseo del Sol Area B CAMINATA DR 212.42 40 8,496.96 Paseo del Sol Area B CAMINATA DR 129.99 40 5,199.57 Paseo del Sol Area B CASERTA DR 409.88 40 16,395.18 Paseo del Sol Area B CASERTA DR 226.12 40 9,044.77 Paseo del Sol Area B CASERTA DR 211.27 40 8,450.80 Paseo del Sol Area B CASERTA DR 150.91 40 6,036.60 Paseo del Sol Area B CASTANA DR 329.19 40 13,167.51 Paseo del Sol Area B CENON WY 117.27 40 4,690.92 Paseo del Sol Area B CHARMES CT 295.39 40 11,815.59 Paseo del Sol Area B CHARMES CT 236.44 40 9,457.72 Paseo del Sol Area B DELUCA WY 248.85 40 9,953.98 Paseo del Sol Area B GABBIANO DR 252.64 40 10,105.79 Paseo del Sol Area B GABBIANO DR 220.14 40 8,805.77 Paseo del Sol Area B GABBIANO DR 226.73 40 9,069.37 Paseo del Sol Area B GUEVARA DR 199.72 40 7,988.89 Paseo del Sol Area B GUEVARA DR 738.17 40 29,526.61 Paseo del Sol Area B GUEVARA DR 329.31 40 13,172.24 Paseo del Sol Area B JAMARA CT 268.00 40 10,719.85 Paseo del Sol Area B MARTINA CT 364.47 40 14,578.82 Paseo del Sol Area B MATERA CT 502.14 40 20,085.66 Paseo del Sol Area B PAVIA WY 174.53 40 6,981.39 Paseo del Sol Area B PRIMAVERA DR 577.48 40 23,099.00 Paseo del Sol Area B PUERTO ORO ST 225.02 40 9,000.87 Paseo del Sol Area B PUERTO ORO ST 223.36 40 8,934.47 Paseo del Sol Area B PUERTO ORO ST 222.79 40 8,911.67 Paseo del Sol Area B ROVATO ST 218.09 40 8,723.64 Paseo del Sol Area B ROVATO ST 220.00 40 8,800.05 Paseo del Sol Area B ROVATO ST 235.50 40 9,420.09 Paseo del Sol Area B ROVATO ST 187.02 40 7,480.61 Paseo del Sol Area B SERENO DR 299.89 40 11,995.51 Paseo del Sol Area B SIENA DR 216.65 40 8,666.18 Paseo del Sol Area B SIENA DR 135.00 40 5,400.05 Paseo del Sol Area B TERAMO ST 516.38 40 20,655.19 Paseo del Sol Area B TERAMO ST 703.31 40 28,132.56 SLURRY SEAL 2011-2012 (August 25, 2011) AREA NAME STREET LENGTH GENPLAN WIDTH PAVING AREA Paseo del Sol Area B VOLTA WY 185.02 40 7,400.64 Paseo del Sol Area B VOLTERRA ST 436.39 40 17,455.53 Paseo del Sol Area B VOLTERRA ST 362.05 40 14,482.03 TOTAL 12,426.61 497,065.47 Paseo del Sol Area C ABANA CT 252.46 40 10,098.27 Paseo del Sol Area C ADELANTE ST 154.39 40 6,175.55 Paseo del Sol Area C ADELANTE ST 967.07 40 38,682.86 Paseo del Sol Area C ALCOBA DR 680.02 40 27,200.92 Paseo del Sol Area C ALCOBA DR 387.23 40 15,489.24 Paseo del Sol Area C ALCOBA DR 463.25 40 18,530.07 Paseo del Sol Area C ALCOBA DR 178.77 40 7,150.94 Paseo del Sol Area C ALCOBA DR 34.24 40 1,369.47 Paseo del Sol Area C ALCOBA DR 284.97 40 11,398.98 Paseo del Sol Area C ALCOBA DR 215.06 40 8,602.51 Paseo del Sol Area C BONITA MESA ST 1,252.15 40 50,085.94 Paseo del Sol Area C CAPRI WY 238.30 40 9,532.10 Paseo del Sol Area C CARINI CT 188.38 40 7,535.12 Paseo del Sol Area C CASALA CT 451.22 40 18,048.96 Paseo del Sol Area C CESENA ST 374.49 40 14,979.62 Paseo del Sol Area C CORBIE ST 189.81 40 7,592.54 Paseo del Sol Area C MANTOVA DR 204.82 40 8,192.71 Paseo del Sol Area C NOVARA CT 339.50 40 13,580.07 Paseo del Sol Area C PATERNO ST 1,069.38 40 42,775.37 Paseo del Sol Area C PATERNO ST 405.55 40 16,222.06 Paseo del Sol Area C SASSARI ST 229.90 40 9196.00 Paseo del Sol Area C SASSARI ST 211.74 40 8,469.67 Paseo del Sol Area C SASSARI ST 311.97 40 12,478.90 Paseo del Sol Area C SASSARI ST 203.93 40 8,157.02 Paseo del Sol Area C SAVONA ST 185.28 40 7,411.02 Paseo del Sol Area C SAVONA ST 837.31 40 33,492.27 Paseo del Sol Area C SAVONA ST 366.82 40 14,672.67 Paseo del Sol Area C TIRANO DR 319.73 40 12,789.04 Paseo del Sol Area C TIRANO DR 262.17 40 10,486.68 Paseo del Sol Area C TIRANO DR 262.23 40 10,489.35 Paseo del Sol Area C TIRANO DR 309.33 40 12,373.03 Paseo del Sol Area C TIVOLI ST 444.00 40 17,759.86 Paseo del Sol Area C VALENCE CT 743.98 40 29,759.22 TOTAL 13,019.45 520,778.03 Pechanga Parkway Area FY 2011-12 Ma& 44,10 Pechanga Pechanga Centerline Parcels 0 175 350 11 10 Slurry 2011-12 100 Parkway Area A Parkway Area B S,� September 8, 2011 700 1,050 1,400 Feet r:gis\ammap projects\public works\slurry seal areas 2011-2012 white kb.mxd SLURRY SEAL 2011-2012 (August 25, 2011) AREA NAME STREET LENGTH GENPLAN WIDTH PAVING AREA Pechanga Parkway Area A CUPENO LN 515.14 40 20,605.59 Pechanga Parkway Area A CUPENO LN 300.00 40 12,000.00 Pechanga Parkway Area A CUPENO LN 305.00 40 12,199.95 Pechanga Parkway Area A CUPENO LN 1,157.87 40 46,314.83 Pechanga Parkway Area A PECHANGA DR 622.40 40 24,895.89 Pechanga Parkway Area A PECHANGA DR 900.00 40 36,000.00 Pechanga Parkway Area A PECHANGA DR 1,147.69 40 45,907.43 Pechanga Parkway Area A WABASH LN 200.00 44 8,800.00 Pechanga Parkway Area A WABASH LN 300.00 44 13,200.00 TOTAL 5,448.10 219,923.69 Pechanga Parkway Area B BARDMOOR DR 421.23 40 16,849.38 Pechanga Parkway Area B BARDMOOR DR 312.43 40 12,497.36 Pechanga Parkway Area B BAYHILL DR 409.31 40 16,372.46 Pechanga Parkway Area B BAYHILL DR 300.99 40 12,039.49 Pechanga Parkway Area B BAYHILL DR 301.36 40 12,054.48 Pechanga Parkway Area B BRIDGEVIEW CIR 212.41 40 8,496.60 Pechanga Parkway Area B CLASSIC WY 649.37 40 25,974.69 Pechanga Parkway Area B CLASSIC WY 2,051.43 40 82,057.06 Pechanga Parkway Area B CLASSIC WY 280.32 40 11,212.88 Pechanga Parkway Area 8 CLUBHOUSE DR 221.64 40 8,865.70 Pechanga Parkway Area B CLUBHOUSE DR 411.86 40 16,474.32 Pechanga Parkway Area B CLUBHOUSE DR 306.11 40 12,244.27 Pechanga Parkway Area B CLUBHOUSE DR 1,017.08 40 40,683.17 Pechanga Parkway Area B CLUBHOUSE DR 386.96 40 15,478.50 Pechanga Parkway Area B CLUBHOUSE DR 466.89 40 18,675.79 Pechanga Parkway Area B CLUBHOUSE DR 364.24 40 14,569.48 Pechanga Parkway Area B CLUBHOUSE DR 536.67 40 21,466.97 Pechanga Parkway Area B CLUBHOUSE DR 215.37 40 8,614.71 Pechanga Parkway Area B CREEKSIDE WY 267.80 40 10,712.15 Pechanga Parkway Area B CREEKSIDE WY 296.61 40 11,864.53 Pechanga Parkway Area B CREEKSIDE WY 250.00 40 10,000.00 Pechanga Parkway Area B DORAL CT 250.00 40 10,000.00 Pechanga Parkway Area B GLENEAGLES CT 419.02 40 16,760.65 Pechanga Parkway Area B GLENEAGLES CT 200.00 40 8,000.00 Pechanga Parkway Area B GREENSBORO DR 455.42 40 18,216.71 Pechanga Parkway Area B GREENSBORO DR 393.30 40 15,732.01 Pechanga Parkway Area B GREENWAY CIR 200.00 40 8,000.00 Pechanga Parkway Area B MASTERS DR 1,261.15 40 50,445.96 Pechanga Parkway Area 8 MASTERS DR 430.67 40 17,226.94 Pechanga Parkway Area B MURFIELD DR 219.58 40 8,783.19 Pechanga Parkway Area B MURFIELD DR 302.40 40 12,095.80 Pechanga Parkway Area B MURFIELD DR 484.27 40 19,370.92 Pechanga Parkway Area B OLYMPIC WY 298.27 40 11,930.76 Pechanga Parkway Area B OLYMPIC WY 300.45 40 12,017.85 Pechanga Parkway Area B OLYMPIC WY 294.78 40 11,791.15 Pechanga Parkway Area B OLYMPIC WY 286.39 40 11,455.41 Pechanga Parkway Area B OLYMPIC WY 276.66 40 11,066.28 Pechanga Parkway Area B OPEN CT 233.96 40 9,358.44 Pechanga Parkway Area B PALMETTO WY 287.25 40 11,490.15 Pechanga Parkway Area B PALMETTO WY 337.36 40 13,494.54 Pechanga Parkway Area B PALMETTO WY 576.06 40 23,042.38 Pechanga Parkway Area B SAWGRASS CT 200.00 40 8,000.00 Pechanga Parkway Area B SILVERADO LN 886.38 40 35,455.20 Pechanga Parkway Area B TOURNAMENT LN 350.96 40 14,038.34 Pechanga Parkway Area B TOURNAMENT LN 845.66 40 33,826.31 Pechanga Parkway Area B TOURNAMENT LN 447.48 40 17,899.13 Pechanga Parkway Area B WAILEA CT 301.15 40 12,045.94 TOTAL 21,462.81 808,748.05 THE CITY OF TEMECULA "Old Traditions, New Opportunities" 0 Rancho Vista Road FY 2011-12 QLINAjVERDE� 700 1400 2100 ft. Map center: 6294933, 2126799 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend - City Streets Parcels Scale: 1:7,212 SLURRY SEAL 2011-2012 (August 25, 2011) AREA NAME STREET From East Mira Loma Drive to Margarita Road Rancho Vista Road LENGTH GENPLAN WIDTH PAVING AREA (SF) 3,800.00 64 243,200.00 TOTAL 3,800.00 243,200.00 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 10 ACTION MINUTES of April 24, 2012 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS None. CSD CONSENT CALENDAR 13 Action Minutes - Approved Staff Recommendation (4-0-1, with Director Roberts abstaining) Director Washington made the motion; it was seconded by Director Roberts; and electronic vote reflected approval, with Director Roberts abstaining. RECOMMENDATION: 13.1 Approve the action minutes of April 10, 2012. 14 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, Erle Stanley Gardner Middle School, Vail Ranch Middle School, Temecula Middle School, and James L. Day Middle School — Continued off calendar. RECOMMENDATION: 14.1 Approve the Joint -Use Agreement with the Temecula Valley Unified School District for the joint -use of the tennis courts located at Great Oak High School, Temecula Valley High School, Erle Stanley Gardner Middle School, Vail Ranch Middle School, Temecula Middle School, and James L. Day Middle School. 15 TCSD Proposed Rates and Charges for Fiscal Year 2012-13 — Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. CSD 12-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2012-13 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH CSD DEPARTMENTAL REPORT 16 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, May 8, 2012, 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. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] Item No. 11 City Attorney Director of Finance City Manager TEMECULACOMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Executive Director of Community Services DATE: May 8, 2012 SUBJECT: First Amendment with Time Warner NY Cable, LLC regarding Easement Agreement in connection with Veteran's Park and Construction of Certain Improvements on Veteran's Park PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: Approve the First Amendment to the Agreement with Time Wamer NY Cable, LLC that accepts the Quitclaim of an existing Southern California Edison Easement and grants a new Southern California Edison Easement within Veteran's Park. BACKGROUND: On September 13, 2011 the Board of Directors approved the "Agreement between the Temecula Community Services District and Time Warner NY Cable LLC regarding Easement Agreement in connection with Veteran's Park and Construction of Certain Improvements on Veteran's Park" ("Original Agreement"). Veteran's Park is located in the middle of the City on approximately 13.1 acres. Within the park site is a .68 -acre parcel that is owned by CAC Exchange I and leased to Time Warner. Time Warner owns and operates a facility on this .68 -acre parcel that is used for providing cellular phone services. Time Warner is expanding the facility to become a "critical facility" that has backup systems and redundant power sources. This expansion will help provide continued service to the City's residents during power outages, earthquakes, fire and storms. The original agreements granted three (3) easements in exchange fora payment of $18,831 based on an approved appraised value of those easements. The three (3) easements were for 1) an access road; 2) for electrical services; and 3) a temporary construction easement. The easement for electrical services was in favor of Southern California Edison (SCE). It was later determined that the topography at the location of the SCE easement would prohibit the installation of a new electrical line in that area. As a result, Time Warner has requested that the proposed SCE easement be located within the access road easement that was granted to Time Warner pursuant to the original Agreement. This new location will not impact the park. Two other minor changes include the construction of an ADA slab instead of replacement of the picnic table and seating. In order to upgrade the picnic table and seating to TCSD's current standards, the slab is being requested. Also, sections throughout the original agreement state the required approval of the Director of Community Services; this has been changed to City Manager or designee. This amendment will approve the Quitclaim of the original SCE easement granted in September 2011 and approve a new SCE easement. The payment for the three easements will not be changed based on this amendment. FISCAL IMPACT: relocation. ATTACHMENTS: Time Warner has paid all attorney fees associated with this easement 1. First Amendment 2. Original Agreement 3. SCE Easement — Recorded on 10/6/2011 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TIME WARNER NY CABLE LLC REGARDING EASEMENT AGREEMENT IN CONNECTION WITH VETERAN'S PARK AND CONSTRUCTION OF CERTAIN IMPROVEMENTS ON VETERAN'S PARK This FIRST AMENDMENT is made and entered into as of May 8, 2012 by and between the Temecula Community Services 'District (hereinafter referred to as `TCSD") and Time Warner NY Cable LLC (hereinafter referred to as "Time Warner"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: A. On September 13, 2011 the TCSD and Time Warner entered into that certain Agreement entitled "Agreement between the Temecula Community Services District and Time Warner NY Cable LLC Regarding Easement Agreement in Connection with Veteran's Park and Construction of Certain Improvements on Veteran's Park" (hereinafter referred to as "Agreement"). B. After the parties entered into the Agreement, it was determined that the topography at the original location of Southern California Easement that was granted pursuant to the Agreement would prohibit the installation of a new electrical line in that area. Accordingly, the parties now desire to accept the quit claim of the original Southern California Edison (SCE) Easement and agree to the grant by the City of a new SCE Easement in an existing access road easement. 2. Section 1.D (3) of the Agreement is hereby amended to read as follows: An approximate 2,795 square foot public utility easement in favor of Southern California Edison for the construction, use, maintenance, operation, alteration, repair, replacement, reconstruction and inspection of underground electrical supply systems and communication systems, consisting of wires, underground conduits, cables, vaults, manholes, handholds, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary for the distribution of electrical energy in connection with Time Warner's Cable Building ("SCE easement"). The approximate 2,795 square foot SCE easement is described on Exhibit "C" hereto. 3. Section 1.E of the Agreement is hereby amended to read as follows: TCSD and Time Warner acknowledge that Time Warner's acquisition of the access easement will result in the loss to TCSD, the City and the Temecula community of valuable park land. Accordingly, TCSD and Time Warner agree that Time Warner will purchase the easements and construct certain park improvements described below pursuant to the terms and conditions set forth in this Agreement. The quit claim of the original 1,200 square foot SCE easement and the granting of the new 2,795 square foot easement within the access road easement will not alter the purchase price of $18,831 for all the easements. 4. Section 2.B (1) Park Improvements of the Agreement is hereby amended to read as follows: Time Warner agrees to replace, with material of like kind and quality, any improvements, including irrigation, landscaping, grass and shrubs that are damaged in connection with the TCE. Time Warner agrees to replace, with material of like kind and quality, any improvement, including irrigation, landscaping, grass and shrubs that are damaged on the property adjacent to the easement, in connection with the access road, drainage and slope easement. 5. Section 2.B (3) of the Agreement is hereby amended to read as follows: Picnic table(s) and benches that are disturbed during construction of the access easement, SCE easement, TCE and water line in Parcel "D" will be replaced with an ADA slab foundation, which will need to be approved and permitted as per current Temecula building code. Deposit by Time Warner. TCSD and Time Warner acknowledge that on June 12, 2011 Time Warner deposited with the City of Temecula the sum of $14,100 (Fourteen Thousand One Hundred Dollars) by submitting check number 39531 payable to the City of Temecula. TCSD and Time Warner also acknowledge that on February 7, 2012 Time Warner deposited with the City of Temecula the sum of $1,000 (One Thousand Dollars) by submitting check number 42112 payable to the City of Temecula. The City of Temecula (City) acknowledged receipt of the $14,100 pursuant to receipt number 27037 and of the $1,000 pursuant to receipt number 30954. TCSD and Time Warner agree and acknowledge that the $15,100 is to reimburse the City of Temecula for the $6,600 appraisal costs incurred for the appraisal services performed by Robert Shea Perdue Real Estate Appraisal in connection with the appraisal of the access easement, TCE, and SCE easement. Said deposit is also to reimburse the City of Temecula for its legal fees and expenses in connection with this Agreement. 6. Exhibit C to the Agreement is hereby amended by adding thereto the items set forth on Exhibit C to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 7. Exhibit D to the Agreement is hereby amended by adding hereto the items set forth on Exhibit D to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 8. Exhibit E, Quit Claim of SCE Easement is hereby added by this Amendment to the Agreement, which is attached hereto and incorporated herein as though set forth in full. IN WITNESS WHEREOF this Agreement has been executed and entered into as of the dale set forth above by the authorized representatives of the Parties hereto. TEMECULA COMMUNITY SERVICES TIME WARNER NY CABLE LLC DISTRICT By: By: Jeff Comerchero, President Title: Date: ATTEST: By: By: Title: Susan W. Jones, MMC, City Clerk/ District Secretary APPROVED AS TO FORM: By: Peter M, Thorson, City Attorney g EXHIBIT C Southern California Edison Easement RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Real Properties 2131 Walnut Grove Avenue, 2nd Floor Rosemead, CA 91770 Attn: Distribution/TRES GRANT OF EASEMENT SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ NONE NALUE DISTRICT Wildomar WORK ORDER 6588-2369 TD556626 IDENTITY 0-2161 MAP SILE AND CONSIDERATION LESS THAN $100.00) SCE Company FIM 492-1734-1 APN 953-050-016 APPROVED: Real Properties BY SLS/BKM DATE 1/04/2012 SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME CITY OF TEMECULA COMMUNITY SERVICES DISTRICT (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above- ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of Riverside, State of California, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXECUTED this 8th day of May , 20 12 GRANTOR CITY OF TEMECULA COMMUNITY SERVICES DISTRICT Signature Jeff Comerchero Print Name President Title GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Dino J. LaBanca, Real Properties Department Date 2 6588-2369 / 0-2161 / TD556626 State of California ) ) County of ) On before me, , personally (here insert name and title of the officer) appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 (This area for notary stamp) State of California ) ) County of ) On before me, , personally (here insert name and title of the officer) appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 (This area for notary stamp) 3 6588-2369 / 0-2161 / TD556626 EXHIBIT "A" LEGAL DESCRIPTION EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON THAT CERTAIN PORTION OF PARCEL B OF THAT CERTAIN LOT LINE ADJUSTMENT RECORDED NOVEMBER 7, 1990 AS INSTRUMENT NO. 409474 OF OFFICIAL RECORDS OF SAID COUNTY, SAID PARCEL B BEING PARCEL 2 TOGETHER WITH A PORTION OF PARCEL 1 OF PARCEL MAP NO. 23890 AS SHOWN ON A MAP FILED IN BOOK 162, PAGES 44 THROUGH 46 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: A 6.00 FOOT WIDE STRIP OF LAND LYING 3.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID PARCEL B OF SAID CERTAIN LOT LINE ADJUSTMENT (SAID EASTERLY LINE ALSO BEING THE EASTERLY LINE OF SAID PARCEL 2 OF PARCEL MAP NO. 23890), WITH THE SOUTHEASTERLY RIGHT-OF-WAY OF LA SERENA WAY, 44.00 FOOT HALF -WIDTH, AS SHOWN ON SAID PARCEL MAP, SAID SOUTHEASTERLY RIGHT-OF-WAY BEING A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 806.00 FEET, A RADIAL LINE BEARS NORTH 32°11'52" WEST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY OF LA SERENA WAY 279.01 FEET THROUGH A CENTRAL ANGLE OF 19°50'02" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY RIGHT-OF-WAY ON A RADIAL LINE TO SAID CURVE SOUTH 52°01'54" EAST 15.65 FEET TO A POINT ON A LINE PARALLEL WITH AND 203.00 WESTERLY OF SAID EASTERLY LINE OF PARCEL B; THENCE ALONG SAID PARALLEL LINE SOUTH 02°49'06" EAST 201.98 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 00°30'18" EAST 173.43 FEET; THENCE SOUTH 05°37'56" WEST 74.85 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL A OF SAID CERTAIN LOT LINE ADJUSTMENT. SAID EASEMENT AND RIGHT OF WAY IS SUBJECT TO ALL ENCUMBRANCES AND EASEMENTS OF RECORD AND THE RIGHTS OF ANY GRANTEES UNDER SAID EASEMENTS OR ENCUMBRANCES. CONTAINS 2,795 SQUARE FEET, OR 0.064 ACRES, MORE OR LESS. FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. 4 Prepared by me or under my direction Dated:Klaci • , 2012 t BRIAN K. MICKELSON, L.S. No. 7320 6588-2369 / 0-2161 / TD556626 WILLOW RUN ROAD VETERANS PARK ROgo RAND/ 'O EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON ocL O,p MOBILE HOME PARK SOUTH GENERAL KEARNY ROAD P.O.C. S T.P.O.B. 2 S607, S• ni-90 sg F VICINITY MAP N.T.S. Gd(o)l. VG41 1"= 100' PREPARED BY ME OR UNDER MY SUPERVISION: //tA/ BRIAN K. MICKELSON, L.S. No. 7320 J LEGEND 44' DENOTES SCE EASEMENT APPROX. AREA = 2,795 SQ. FT. P.O.C. = POINT OF COMMENCEMENT T.P.O.B. = POINT OF BEGINNING 0 oo o� ori 0 G4AbC'L "3 L.L.A.11M T ° o.400474 N 0 N86'37'00"W(RAD.) 207.08' 92.81' PARCEL HA1r L. GGLA. [INST. Ma. 400474 6' /40.t;,- -70 PARCEL L " z LoLLA. MST. crt NnJOa 4©474 0� 203' 200' EASTERLY LINE PARCEL B L.L.A. INST. NO. 409474 21.12' 00. he 200' NORTHERLY LINE PARCEL A L.L.A. INST. NO. 409474 SCE EASEMENT DSE800810790 6588-2369 0-2161 TD# 556626 SLS/BKM 1/04/2012 00 c0 N 1 EXHIBIT D Collective Easements 1 --ACe 0407 -�1------ - _ / .ca4AawWort rter ,i'+ nd AM Mf VW MY c&SiaCrt,Y .R%iO 47'F 8C!I/II as as — EXHIBIT D' " P`ARI , ANS j Oz. raw& vin f, dl di 41•4(201 MO&MOM• MORN- 2 Iq•ars es saw Ytiwl. u Pr MONO, Aa RIM if �a YRe ap aces eRGV art[ mate (A- L. ME WARNER mum aarrCalQJc'F�lai iR Y Ab VE7ERARS PARA' \ N `\sem 4 \ aNO a moue wA-1—lu�� NEAP N, Rw 4.-cw-4__ a dY ama0 . avaane NOM /VIP A 0b11•C (paAN RAY R5P Wt{Yd USWM nrodiMer lfROR .0.0519 0301,e fkapr/WOW atPAM, IAA Arta= Br bti. C/TYOf TEMECUL4 ;WA= SIX frau umal gZ 60 30 0 CR.FNIC SCALE ® LD11-103GR LD11.009GR • MK ENGINEERING GROUP 3018.IWR0R BLED. SURE MI SAVTAAAA Cn42,04 057)622-21N (PSI; 622-210"11. 00YAOa Le AMC eoa: PRI 0 -0039 -SINE WARNER CARE SERVER 8{R0#0 PRECISE CRATING RUNS .ue¢ I 0, .1%VIP ..4 1.1=11,11= 11,110 i"o.: 'RIMS. PROM M EAS£Ill'7VIS C6.0 EXHIBIT E Southern California Edison Easement Quitclaim RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2131 WALNUT GROVE BLVD., 2ND FLOOR ROSEMEAD, CA 91770 ATTN: TITLE & REAL ESTATE SERVICES QUITCLAIM EASEMENT NOTIFICATION 201777985 SERVICE ORDER 800762781 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ DISTRICT 88 FIM 493•1734•0 APN 953-050-016 By KB COMPUTED ON FULL VALUE OF PROPERTY CONVEYED OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE NO CONSIDERATION AND VALUE LESS THAN $100.00 SO, CALIF. EDISON CO SCE Document 503281 Approved Real Properties Map Size 37_106 DATE 01120!12 SIGNATURE OF DECLARANT OR AGENT DETERMINING TAXFIRM NAME SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, does hereby REMISE, RELEASE and FOREVER QUITCLAIM unto CITY OF TEMECULA COMMUNITY SERVICE DISTRICT, owner of the real property affected hereby, all rights acquired under and by virtue of that certain Grant of Easement from CITY OF TEMECULA COMMUNITY SERVICE DISTRICT executed September 13, 2011 and recorded October 6, 2011 as Instrument No. 2011-0441780 of Official Records in the Office of the County Recorder of Riverside County, State of California. Said easement was described as being within: A portion of Parcel B of that certain Lot Line Adjustment recorded November 7, 1990 as Instrument No. 409474, in the City of Temecula, County of Riverside, State of California. Said Parcel B being Parcel 2, together with a portion of Parcel 1 of, Parcel Map 23890, as shown on a map filed in Book 162, Pages 44 through 46 of Parcel Maps, in the Office of the County Recorder of said County. This instrument shall not operate to remise, release or quitclaim any right, title or interest now held or owned by said Southern California Edison Company, other than the rights hereinbefore specifically referred to. IN WITNESS WHEREOF, said Southern California Edison Company has caused this , 20 12, instrument to be executed this a "7't''day of \04,ntealh SOUTHERN✓CALIFORNIA EDISON COMPANY, a corporation By Carol Okray, Supervisor, Title and ' ate Services Business Planning and Technical Services Real Properties Department Operations Support Quitclaim Deed (Easement) S.C.E.Co., a corp., to CITY OF TEMECULA COMMUNITY SERVICE DISTRICT Notification No. 201777985 Affects SCE Doc. 503281 State of California County of 105 47k4eles ) On I-oi'7-Zo I Z. before me, SI4. ria OK , a Notary Public, personally appeared C Or'OI O K( -'f , 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/she/they executed the same in his/her/ter authorized capacity(isbe)', and that by41is/her/their signature(w) on the instrument the person(, or the entity upon behalf of which the person(p) 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 -2- SUSAN P.P. MALONEY Commission • 1994037 Notary Public - California Riverside County M Comm. Ex fires Jun 27, 2014 City of Temecula Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 CERTIFICATE OF ACCEPTANCE This is to certify that the Quitclaim Easement dated January 27, 2012 from Southern California Edison Company to the Temecula Community Services District quitclaiming the Grant of Easement from the Temecula Community Services District to Southern California Edison Company recorded on October 6, 2011 as Document Number 2011-0441780 of Official Records of the County of Riverside is hereby accepted by order of the Temecula Community Services District made on May 8, 2012 and the grantee consents to the recordation thereof by its duly authorized officer. TEMECULA COMMUNITY SERVICES DISTRICT By: Jeff Comerchero TCSD Board President ATTEST: Susan W. Jones; MMC City Clerk/Board Secretary APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTACHMENT 2 AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TIME WARNER NY CABLE LLC REGARDING EASEMENT AGREEMENT IN CONNECTION WITH VETERAN'S PARK AND CONSTRUCTION OF CERTAIN IMPROVEMENTS ON VETERAN'S PARK This AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TIME WARNER NY CABLE LLC REGARDING EASEMENT AGREEMENT IN CONNECTION WITH VETERAN'S PARK AND CONSTRUCTION OF CERTAIN IMPROVEMENTS ON VETERAN'S PARK ("Agreement") is dated as of September 13, 2011 by and between'the Temecula Community Services District ("TCSD") and Time Warner NY Cable LLC ("Time Warner"). In consideration of the mutual covenants and conditions set forth herein, TCSD and Time Warner agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes, which each Party to this Agreement acknowledges as true and correct: A. TCSD is the record fee owner of Veteran's Park, which is commonly known as 30965 La Serena Way, Temecula, and identified as Riverside County Tax Assessor's Parcel Numbers 953-050-016 and 953-050-007. The location of Veteran's Park is depicted on Exhibit "1" hereto, which is incorporated herein by this reference. B. Time Warner warrants that it has a real property interest in an approximate 0.68 -acre parcel commonly known as 30975 La Serena Way, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 953-050-017. CAC Exchange I, an entity related to Time Warner, is the record fee owner of Assessor's Parcel Number 953-050-017 (referred to below as the "Time Warner parcel"). The Time Warner parcel is improved with certain facilities and is surrounded by Veteran's Park on all sides. The Time Warner parcel is depicted on Exhibit "2" hereto, which is incorporated herein by this reference. C. Time Warner proposes to construct a Cable Building Project ("Cable Building") on the Time Warner Parcel. In connection with its Cable Building, Time Warner attempted to use the existing access easement from Metropolitan Water District (MWD) over a MWD easement located adjacent to the Time Warner parcel. Certain restrictions and limitations regarding the surface use of the MWD easement, grading restrictions, and vehicle weight limitations, however, would prohibit Time Warner from accessing its facilities over the MWD easement. Accordingly, Time Wamer will require certain easements described more particularly below on Veteran's Park in connection with its construction of the Cable Building on the Time Warner parcel. D. For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Time Warner wishes to acquire from TCSD and TCSD wishes to grant to Time Warner the following easements subject to the terms and conditions of this Agreement: (1) An approximate 12,634 square foot access, slope•and drainage easement ("access easement") that is described on Exhibit "A" hereto labeled "Legal Description Access, Slope and Drainage Easement" and depicted on Exhibit "B" hereto labeled "Access, Slope and Drainage Easement Plat Sheet", which exhibits are incorporated herein by this reference. (2) An approximate 4,446 square foot Temporary Construction Easement ("TCE") with a term of six (6) months to facilitate the construction of Time Warner's Cable Building. The approximate 4,446 square foot TCE is described on Exhibit "A" hereto labeled "Temporary Construction Easement" and is depicted on Exhibit "B" hereto labeled "Temporary Construction Easement Course Data, Easement Notes, and Vicinity Map" and "Temporary Construction Easement Plat Sheet", which exhibits are incorporated herein by this reference. (3) An approximate 1,200 square foot public utility easement in favor of Southern California Edison for the construction, use, maintenance, operation, alteration, repair, replacement, reconstruction and inspection of underground electrical supply systems and communication systems, consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary for the distribution of electrical energy in connection with Time Warner's Cable Building ("SCE easement"). The approximate 1,200 square foot SCE easement is described on Exhibit "C" hereto. E. TCSD and Time Warner acknowledge that Time Wamer's acquisition of the access easement will result in the loss to TCSD, the City and the Temecula community of valuable park land. Accordingly, TCSD and Time Warner agree that Time Warner will purchase the easements and construct certain park improvements described below pursuant to the terms and conditions set forth in this Agreement. F. This Agreement sets forth the obligations and responsibilities of Time Warner in connection with the easements on Veteran's Park that are the subject of this Agreement and the obligations of the parties regarding said easements and Veteran's Park. 2. Responsibilities of the Parties. A. Purchase and Grant of Subject Easements. (1) Time Warner agrees to purchase from TCSD and TCSD agrees to grant to Time Warner the access easement, TCE, and SCE easement on Veteran's Park pursuant to the terms and conditions of this Agreement. (2) TCSD agrees to grant to Time Warner the access easement, TCE and SCE easement in the forms attached collectively hereto as Exhibit "D" hereto. Exhibit "D" is incorporated herein by this reference. B. Construction of Improvements at Veteran's Park. (1) Park Improvements. Time Warner agrees to replace, with material of like kind and quality, anyimprovements, including irrigation, landscaping, grass and shrubs that are damaged in connection with the SCE easement and TCE. Time Warner agrees to replace, with material of like kind and quality, any improvements, including irrigation, landscaping, grass and shrubs that are damaged to the property adjacent to the easement, in connection with the access road, drainage and slope easement. (2) In connection with the Cable Building, Time Warner is installing a new water line in. Parcel "D" (Drainage and Underground Utility Easement), which was recorded against Veteran's Park on February 26, 1991 as Instrument Number 064105 of Official Records of the County of Riverside (referred to below as "Parcel `D"'. Time Warner agrees to replace, with materials of like and quality, any improvements, including irrigation, landscaping, grass and shrubs that are damaged in connection with Time Warner's installation of a new water line in said Parcel "D". Time Warner further agrees to return said easement area to as close to the condition as it existed prior to Time Warner's use of Parcel "D" for the construction of the new water line. (3) Picnic table(s) and benches that are disturbed during construction of the access easement, SCE easement, TCE and water line in Parcel "D" will be replaced with new picnic tables and benches of like kind and quality as approved by the Director of Community Services. Deposit by Time Warner. TCSD and Time Warner acknowledge that on June 12, 2011, Time Warner deposited with the City of Temecula the sum of $14,100.00 (Fourteen Thousand One Hundred Dollars) by submitting check number 39531 payable to the City of Temecula. The City of Temecula (City) acknowledged receipt of the $14,100.00 pursuant to receipt number 27037. TCSD and Time Warner agree and acknowledge that the $14,100.00 is to reimburse the City of Temecula for the $6,600.00 appraisal costs incurred for the appraisal services performed by Robert Shea Perdue Real Estate Appraisal in connection with the appraisal of the access easement, TCE, and SCE easement. Said deposit is also to reimburse the City of Temecula for its legal fees and expenses in connection with this Agreement. C. Purchase Price. Time Warner agrees to pay TCSD the sum of $18,831.00 (Eighteen Thousand Eight Hundred Thirty-one Dollars) ("Purchase Price"). The Purchase Price is the fair market value of the access easement, TCE, and SCE easement, as determined by an appraisal prepared by the appraisal firm Robert Shea Perdue Real Estate Appraisal as provided below. Time Warner acknowledges that it has reviewed the appraisal of the subject easements prepared by the appraisal firm Robert Shea Perdue Real Estate Appraisal. D. Obligations of Time Warner in Connection with Construction of Improvements. (1) Time Warner shall submit grading plans to TCSD and the City of Temecula Public Works Department for approval prior to constructing the access road in the area comprising the access easement from La Serena Way to the Cable Building. (2) Time Warner shall schedule a pre -construction meeting with the Director of Community Services or the Director's designated representative prior to beginning the construction of the access road in the access easement area. (3) Time Warner acknowledges that SCE will install its electrical facilities in the SCE easement area. Time Warner shall provide 14 calendar days written notice to the Director of Community Services and the Director of Public Works prior to SCE's installation of its electrical facilities in the SCE easement area. This section does not change any requirements that SCE has to notify the City of such construction or to comply with any additional City requirements in connection with SCE's use of the easement area. 3. Inspection, Maintenance Period, and Risk of Loss. A. Time Warner shall obtain inspections by the City of the access road in accordance with City of Temecula standards in effect on the date of this Agreement. Time Warner shall also comply with the review and inspection requirements of Public Works and TCSD. B. Time Warner shall at all times maintain proper facilities and safe access for inspection of the access road in the access easement area by City inspectors. Upon completion of the access road, Time Warner shall request a final inspection of the access road by the Director of Community Services and the Director of Public Works, or their respective authorized representatives. 4. Injury to Public Improvements, Public Property or Facilities of Public Utilities. Time Warner shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, facilities of public utilities and surveying or monuments that are destroyed or damaged or destroyed by reason of any work done under this Agreement. Time Warner 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 on the access road, TCE and SCE easement or in connection with Time Warner's installation of a new water line in Parcel "D" to service the Cable Building. Any repair or replacement shall be to the satisfaction; and subject to the approval of the Director of Public Works and Director of Community Services. 5. Permits. Time Warner shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the access road, give all necessary notices, and pay all fees and taxes required by law. 6. Default of Time Warner. A. Default of Time Warner shall include, but shall not be limited to: Time Warner's failure to timely commence construction pursuant to this Agreement within 60 days after execution of this agreement, and the City of Temecula issuing the permits required to perform the work. Time Warner's failure to complete construction of the access road within 90 days after execution of this agreement and the City of Temecula issuing the permits required to perform the work. Time Warner's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Time Warner fails to discharge within thirty (30) days. TCSD shall provide written notice of any default to Time Warner. Time Warner shall cure any such default within fifteen (15) calendar days of the effective date of the receipt of written notice thereof. In the event such default relates to matters that cannot be cured within the cure period with reasonable diligence or by the payment of monies due within the cure period, the cure period shall be extended to a maximum period of ninety (90) days, provided Time Warner commences to cure the default within the 15 day cure period and diligently pursues the cure to completion. B. TCSD reserves to itself all remedies available to it at law or in equity for breach of Time Warner's obligations under this Agreement. C. In the event that Time Warner fails to perform any obligation hereunder, Time Warner agrees to pay all costs and expenses incurred by TCSD in securing performance of such obligations, including costs of suit and reasonable attorneys' fees. D. The failure of TCSD 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 Time Warner. Time Warner agrees that the choice of remedy or remedies for Time Warner's breach shall be in the discretion of TCSD. 7. Warranty. A. Time Warner shall guarantee or warranty .the landscape plant material items installed to repair and replace any such landscape plant material damaged in the areas of Parcel "D", TCE and SCE easement as per TCSD's inspection and acceptance standards. Time Warner shall guarantee or warranty the remaining items, including but not limited to other park improvements described in this Agreement, irrigation improvements, electrical, if any, and all trees installed pursuant to the authority of the Director of Community Services for a period of one year after acceptance of these items by the Director of Community Services. 8. Time Warner Not Agent of City. Neither Time Warner nor any of Time Warner's agents or contractors are or shall be considered to be agents of TCSD or the City of Temecula in connection with the performance of Time Warner's obligations under this Agreement. Time Warner shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. TCSD and the City of Temecula 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 Time Warner. Notwithstanding the foregoing or any other provisions of this Agreement, however; Time Warner shall not indemnify TCSD or the City of Temecula for their gross negligence or willful misconduct. 9. Time Warner's Obligation to Warn Public During Construction and -- Screening of Construction Area. Time Warner shall give visible and adequate warning to the public of each and every dangerous condition that exists during construction of the access road, improvements in the SCE easement area or waterline easement in Parcel "D", and Time Warner's use of the TCE to facilitate its construction of these improvements. Time Warner shall take all reasonable actions to protect the public from such dangerous conditions, including installation of fencing or other barriers for safety purposes to keep the public from the construction areas during the construction of the access road and related improvements, installation of new water line in Parcel "D", improvements in the SCE easement area and the TCE. 10. Final Acceptance of Work. The Director of Community Services and the Director of Public Works, or their respective designated representatives, shall accept the work completed pursuant to this Agreement if they determine that the work has been completed in accordance with the grading plans approved by the City. Such acceptance shall not constitute a waiver of defects by TCSD and/or the City. 11. Indemnity/Hold Harmless and Releases A. As set forth above, Time Warner has agreed to construct and install the access road in the access easement area. Time Warner agrees that TCSD, the 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 Time Warner, its agents or employees in the performance of this Agreement. Time Warner further agrees to indemnify, protect and hold harmless TCSD, the City, their officials, employees and attorneys from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Time Wamer, 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 access road and related improvements, the installation of a new water line in Parcel "D", and SCE electrical facilities and to pay all attorneys' fees and litigation costs and expenses of TCSD and/or the City in defending TCSD and/or the City against any such claim. 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 access road and installation of the new water line in Parcel "D" as provided herein. B. TCSD and the City shall not be responsible for the design or construction of the access road pursuant to the approved plans, regardless of any negligent action or inaction taken by TCSD and/or the City in approving the plans, unless the particular improvement design was specifically required by TCSD or the City over written objection by Time Warner submitted to the Director of Community Services or Director of Public Works 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 final approval by TCSD and/or the City of the construction of the access road Time Warner shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect. Time Warner shall be responsible for repair and routine maintenance of the access road and related improvements in the access easement area. C. Time Warner represents to TCSD that the architects and engineers who designed the access road improvements and the new water line in Parcel "D" are fully qualified and competent to perform the work of designing and preparing construction drawings for such improvements. It is the intent of this section, therefore, that Time Warner shall be responsible for all liability for design and construction of these improvements and the improvements and that TCSD and/or 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. D. Time Warner agrees and acknowledges that it has had, or will have adequate opportunity to complete all physical and financial inspections, investigations and examinations of the access easement, SCE easement, TCE and the new water line in Parcel "D" that it deems necessary. Time Warner will acquire the access, SCE and TCE easements solely on the basis of, and in reliance upon said inspection and investigations. E. Time Warner agrees and acknowledges that it is purchasing the access easement, SCE easement and TCE on an "AS IS, WHERE IS BASIS." Time Warner is not relying on, and TCSD and the City have not made, any warranties of any kind or character with respect to the environmental, soils, seismic or geotechnical condition of the subject easements. Further, Time Warner is not relying on, and TCSD and the City have not made and are not making, any representations or warranties of any kind or character whatsoever with respect to the environmental, soils, seismic or geotechnical condition of the subject easements based on the use of said property interests by any previous owner or occupant, including any use, generation, release, discharge, storage, or disposal of any hazardous waste, toxic substances or related materials on, under, in or about the subject easements or transportation of any hazardous materials to or from the subject easements by any previous seller or occupant of the areas comprising the subject easements. 12. Improvement Security Bonds & Release of Security. A. Surety. (1) Time Warner shall provide TCSD with a Faithful Performance security bond from a surety acceptable to TCSD for an amount that represents 100% of the estimated cost of the SCE and the access road improvements. (2) Time Warner shall provide TCSD with a Labor and Materials security bond from a surety acceptable to TCSD for an amount that represents 50% of the estimated cost of the SCE and access road improvements. (3) Time Warner shall provide TCSD with a Warranty security bond from a Surety acceptable to TCSD for an amount that represents 10% of the estimated cost of the SCE and access road improvements. (4) The securities required by this Agreement shall be kept on file with the City Clerk. 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. B. Release of Security. Subject to approval by the Director of Community Services and the Director of Public Works, the securities required by this Agreement shall be released as follows: (1) Upon acceptance of the Veteran's Park easement improvements described in Section 2(B) above, the Faithful Performance security bond shall be exonerated. (2) Six (6) months after the acceptance of the Veteran's Park easement improvements the Director of Community Services and Director of Public Works shall inspect the improvements and if found in satisfactory condition and all payments have been made to contractor, subcontractors and persons furnishing labor, materials or equipment have been paid the Labor and Material security bond shall be exonerated. (3) Twelve (12) months after the acceptance of the Veteran's Park easement improvements and approval of the described in Section 2(B) above, the Warranty security shall be exonerated with the approval of the Director of Community Services and Director of Public Works. (4) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until all claims filed during the warranty period have been settled. (5) TCSD may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees which may be incurred by TCSD enforcing this Agreement. 13. Plan Check, Permits, Inspection and Certification Fees. Time Warner is solely responsible for all of the costs of plan checks, permits, inspections and certifications required by City standards and codes, Southem California Edison, and Eastern Municipal Water District, if any. 14. Liability Insurance. A. Minimum Scope of Insurance. Coverage shall be at least as broad as follows: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Professional Liability insurance shall be written on a policy form providing Professional Liability insurance for Time Warner's consultant profession. B. Minimum Limits of Insurance. Time Warner shall maintain limits no less than the following: (1) General Liability: $1,000,000.00 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. and property damage. or disease. the aggregate. (2) Automobile Liability: $1,000,000.00 per accident for bodily injury (3) Employer's Liability: $1,000,000.00 per accident for bodily injury (4) Professional Liability coverage: $1,000,000.00 per claim and in C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects TCSD, the City, their respective officers, officials, employees, attorneys and volunteers; or Time Warner shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City and TCSD, and their respective officers, officials, agents and employees are to be covered as additional -insureds as respects: liability arising out of activities performed by or on behalf of the Time Warner; products and completed operations of Time Warner; premises owned, occupied or used by Time Warner; or automobiles owned, leased, hired or borrowed by Time Warner. The coverage shall contain no special limitations on the scope of protection afforded to TCSD, the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, Time Warner's insurance coverage shall be primary insurance as respects TCSD, the City, their respective officers, officials, employees and volunteers. Any insurance or self-insured maintained by TCSD and/or the City, their respective officers, officials, employees or volunteers shall be excess of Time Warner'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 TCSD and/or the City, their respective officers, officials, employees or volunteers. (4) Time Warner's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) calendar days' prior written notice by certified mail, return receipt requested, has been given to TCSD and the City. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to TCSD. F. Verification of Coverage. Time Warner shall furnish TCSD and 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 insurance:company standard forms reasonably acceptable to TCSD and the City: All endorsements are to be received and approved by TCSD and the City before work commences. As an alternative to the standard forms, the Time Warner's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. G: Time Warner, by initialing this Section 14.G. and executing this Agreement, hereby certifies that it is 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 that Time Warner wilt comply with such provisions before commencing the performance of the construction of the access road and related improvements and other park improvements pursuant to this Agreement. Time Warner. initials: H. Pursuant to the provisions of Section 1773 of the Labor ode 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 Time Warner 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. Time Warner shallprovide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Time Warner 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, Time Warner 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. Time Warner shall comply with this section unless the developer obtains written confirmation from the California Department'of Industrial Relations that it is not required to comply with such section. . 15. Time Of the Essence. Time is of the essence of this Agreement. 16. Time for Completion of Work Extensions. Time Warner shall also complete construction of the access road and related improvements in a timely manner. Time Warner shall complete the construction of the park improvements pursuant t� this Agreement five (5) days after thedate that the access road and related improvements are approved by the Community Services Director and the Director of Public Works. The Certificate of Occupancy will not be approved until :all ,easement and park improvements are approved by the Director of Community. Services. 17. Notices. All notices required or provided for under this Agreement, demands and communications between TCS and Time Warner shall be sufficiently given by either (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 to TCSD: Director of Community Services Temecula Community Services District 41000 Main Street .Post Office Box 9033 Temecula, California 92589-9033 With a Copy to: Peter M. Thorson, Esq. Richards, Watson & Gershon 355 South Grand Avenue 40th Floor Los Angeles, California 90071-3101 Notice to Time Warner: Time Warner NY Cable LLC Attention: Eric Lent . 7910 Crescent Exec Drive, Suite 10 Charlotte; North Carolina 28217 Phone Number 858-635-8874. 18: 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. 19. 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 attorneys' fees. 20. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter herein. Any agreements or representations, either oral or written, respecting the matters discussed in this Agreement not expressly set forth in this Agreement are null and void. 21. Force:Maieure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement.to be performed by either TCSD, the City or Time Warner 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 prompt.payment by a Party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial' condition of the Party required to perform the act. 22. Agreement Binding on Successors. This Agreement shall be binding on and. shall inure to the benefit of the successors and lawful assigns of the Parties hereto. .23. Assignment. Neither. Party shall 'assign or 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 either Party may assign this Agreement to a related public entity without the consent of the other. 24. Authority to Execute. Each person signing this Agreement hereto expressly warrants and represents that he or she has the authority to execute this Agreement on behalf of the respective Party and warrants and represents that he or she has the authority to bind his or her Party to the performance of its obligations hereunder. IN WITNESS WHEREOF this Agreement has been executed and entered into as of the date set forth above by the authorized representatives of the Parties hereto. TEMECULA COMMUNITY SERVICES TIME WARNER NY CABLE LLC DISTRICT ff Comerchero, President Date: l 15111 ATTEST: APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney ty Clerk rzct Secretary By: Title: 9 Title: 12\Yr et . TEMECULA Veteran's Park Vicinity Map 0 2750 5500 8250 n This mo is user gen. a1 4 static output from an kksmo moos; silo and 1. br gonernl tine__ Dots Isom IM spinyspinyon this dmf n ( y or mays au w�v ato, rmnt cr atttwwnib se la. rNbieTHIS MAP IS NOT TO BE USED FOR NAViGA Map canter: 6297895, 2135150 Legend oCtiY ,atoms El raeut. Scab: 1:213.521 EXHIBIT A & B Access Road, Drainage and Slope Easement EXHIBIT "A" July 14, 2011 LEGAL DESCRIPTION Sheet 1 of 2 ACCESS, SLOPE, AND DRAINAGE EASEMENT Being that certain portion of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Parcel "B" as shown on Lot Line Adjustment Instrument No. 409474, recorded November 7, 1990, in the office of the County Recorder, of said County, Official Records, also being that portion of parcel 2 of Parcel Map 23890, as shown by map, filed in Book 162, pages 44 through 46, inclusive, of Parcel Maps, in the Office of the County Recorder, of said County, State of California, being more particularly described as follows: COMMENCING at the northernmost corner of said Parcel "B", said point being a point in the easterly right-of-way line of La Serena Way (88.00 feet wide), as shown on said Parcel Map, and being a point on a non -tangent curve, concave southeasterly, having a radius of 806.00 feet, a radial line to said point bears North 32°11'52" West; THENCE southwesterly, along said curved right-of-way line, through a central angle of 18°14'38", an arc length of 256.63 feet to the TRUE POINT OF BEGINNING; THENCE continuing southwesterly, along said curve, through a central angle of 03°08'56", an arc length of 44.30 feet to a point in said curve; THENCE South 45°19'20" East a distance of 4.76 feet to the beginning of a curve, concave southwesterly, having a radius of 10.00 feet; THENCE southeasterly, along said curve, through a central angle of 43°59'19", an arc length of 7.68 feet; THENCE South 01°20'02" East a distance of 40.36 feet; THENCE South 03°35'10" East a distance of 83.23 feet; THENCE South 04°23'30" East a distance of 60.35 feet; THENCE South 04°07'53" West a distance of 31.09 feet; THENCE South 09°47'47" East a distance of 28.15 feet; THENCE South 02°56'45" West a distance of 65.10 feet; THENCE South 04°20'31" East a distance of 43.16 feet; THENCE South 24°29'23" West a distance of 31.77 feet; THENCE South 04°15'49" West a distance of 38.33 feet; THENCE North 85°44'11" West a distance of 3.45 feet; THENCE South 39°56'44" West a distance of 5.89 feet; THENCE South 04°15'49" West a distance of 7.84 feet to a point on the northerly line of Parcel "A" of said Lot Line Adjustment; EXHIBIT "A" July 14, 2011 LEGAL DESCRIPTION Sheet 2 of 2 ACCESS, SLOPE, AND DRAINAGE EASEMENT THENCE along said line South 86°37'00" East a distance of 55.12 feet to the northeast corner of said Parcel "a", also a point on the westerly line of a water pipeline easement in favor of the United States of America, as shown by document recorded Instrument No. 57185, recorded December 1, 1953, in Book 1531, page 11, of official records; THENCE along said line North 02°49'06" West a distance of 478.56 feet to the TRUE POINT OF BEGINNING. Contains 12,634 square feet, 0.29 acres, more or Tess. Subject to all covenants, rights, rights-of-way, and easements of record. Exhibit "B" attached hereto and by this reference mad a part hereof. This was prepared by me or under my direction. L. ry R. Markham, R,C.E. 30657 Date EXPIRES: 03-31-12 fl LINE/CURVE DATA NO. Length Direction/Delta Radius C1 44.30 03'08'57" 806.00 L1 4.76 S45'19'20"E C2 7.68 43'59'19" 10.00 L2 40.36 S01'20'02"E L3 83.23 S03'35' 10"E L4 60.35 SO4'23'30"E L5 31.09 504'07'53"W L6 28.15 S09'47'47"E L7 65.10 S02'56'45"W L8 43.16 SO4'20'31 "E LINE/CURVE DATA NO. Length Direction/Delta Radius L9 31.77 S24'29'23"W L10 38.33 504'15'49"W L11 3.45 N85'44'11'YV L12 5.89 S39'56'44"W L13 7.84 SO4'15'49'W L14 55.12 S86'37'00"E EASEMENT NOTES: A\ \ WATER PIPELINE EASEMENT IN FAVOR OF THE UNITED STATES OF AMERICA PER INSTRUMENT NO. 3113, REC. 10/27/49, IN BOOK 1118 AT PAGE 396. O.R. !�\ WATER PIPELINE EASEMENT IN FAVOR OF THE UNITED STATES OF AMERICA PER INSTRUMENT NO. 57185, REC. 12/01/53, IN BOOK 1531 AT PAGE 11, O.R. A EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY PER INSTRUMENT NO. 18863, REC. 02/26/69, O.R. /41 DRAINAGE EASEMENT IN FAVOR OF THE PUBLIC PER INSTRUMENT NO. 43272, REC. 02/18/88, O.R. DRAINAGE EASEMENT IN FAVOR OF THE PUBLIC PER INSTRUMENT NO. 60047, REC. 03/07/88, O.R. n DRAINAGE AND UNDERGROUND UTILITY EASEMENT IN FAVOR OF INLAND VALLEY CABLEVISION PER INSTRUMENT NO. 64105, REC. 02/26/91, O.R. RECORD OWNER: CITY OF TEMEMCULA 41000 MAIN STREET TEMECIJLA, CA 92589 PREPARED BY. M IM]1AG WAWA DEVELOPMENT 64.01AGEMDIT GROUP, X 41635 Enteepra Galt K - See 8 (mak Cufarea 92598 051) 296-3166 1(1• (959 2Z-3111 FAX DRAWNBY S. MUNROE DATE: 07/14/11 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS EXHIBIT "B" ACCESS, SLOPE AND DRAINAGE EASEMENT COURSE DATA, EASEMENT NOTES, AND VICINITY MAP SHEET 10F2 RECORD OWNER: CITY OF TEMEMCULA 41000 MAIN STREET TEMECULA, CA92589 PREPARED BY. M IM]VIG 1W KHAMt VEloPldBlf MANAGEMENT GROUP, WC. 41635 Enter* Dd. -S&eB Te la, Womb 92590 (951) 296.3466 10.. (9S1) 216-5416 FM C2 L2 L4 L5 -N, L6� L7 -NN L8 L9 L10 L11 L12 _____L13 U I TRUE POINT OF BEGINNING ?I PARCEL "B" LLA INST. NO. 409474 REC. 11/07/90, O.R.- tO rn N AREA= 12634 SF 0.29 AC a� 00 r) a POINT OF COMMENCEMENT - N32'11'52"W (R) PARCEL 4 AMENDED PM 21884 PMB 152/2.2-31 KH 30657 Exp. 3/31/12 4 C4v1\- DRAWN BY: S. MUNROE DATE: 07/14/11 1 ----PARCEL 1 IPM 4758 PMB 6/39 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS EXHIBIT "B" ACCESS, SLOPE AND DRAINAGE EASEMENT PLAT SHEET SHEET2 0F2 EXHIBIT A & B Temporary Construction Easement EXHIBIT "A" July 14, 2011 LEGAL DESCRIPTION Sheet 1 of 2 TEMPORARY CONSTRUCTION EASEMENT Being that certain portion of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Parcel "B" as shown on Lot Line Adjustment Instrument No. 409474, recorded November 7, 1990, in the office of the County Recorder, of said County, Official Records, also being that portion of parcel 2 of Parcel Map 23890, as shown by map, filed in Book 162, pages 44 through 46, inclusive, of Parcel Maps, in the Office of the County Recorder, of said County, State of California, being more particularly described as follows: COMMENCING at the most northernmost corner of said Parcel "B", said point being a point in the easterly right-of-way line of La Serena Way (88.00 feet wide), as shown on said Parcel Map, and being a point on a non -tangent curve, concave southeasterly, having a radius of 806.00 feet, a radial line to said point bears North 32°11'52" West; THENCE southwesterly, along said curve, through a central angle of 21°23'34", an arc length of 300.93 feet to the TRUE POINT OF BEGINNING; THENCE continuing southwesterly, along said curve, through a central angle of 00°43'08", an arc length of 10.11 feet; THENCE South 45°19'20"East a distance of 3.24 feet; THENCE South 01 °20'02"East a distance of 40.55 feet; THENCE South 03°35'10"East a distance of 83.50 feet; THENCE South 04°23'30"East a distance of 59.67 feet; THENCE South 04°07'53"West a distance of 31.56 feet; THENCE South 09°47'47"East a distance of 28.26 feet; THENCE South 02°56'45"West a distance of 64.62 feet; THENCE South 04°20'31 "East a distance of 41.22 feet; THENCE South 24°29'23"West a distance of 30.98 feet; THENCE South 04°15'49"West a distance of 32.09 feet; THENCE South 39°56'44"West a distance of 11.81 feet; THENCE South 04°15'49"West a distance of 11.22 feet to a point on the northerly line of Parcel "A" of said Lot Line Adjustment; THENCE South 86°37'00"East, along said line a distance of 10.00 feet; THENCE North 04°15'49"East a distance of 7.84 feet; THENCE North 39°56'44"East a distance of 5.89 feet; THENCE South 85°44'11 "East a distance of 3.45 feet; THENCE North 04°15'49"East a distance of 38.33 feet; EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT July 14, 2011 Sheet 2 of 2 THENCE North 24°29'23"East a distance of 31.77 feet; THENCE North 04°20'31"West a distance of 43.16 feet; THENCE North 02°56'45"East a distance of 65.10 feet; THENCE North 09°47'47"West a distance of 28.15 feet THENCE North 04°07'53"East a distance of 31.09 feet; THENCE North 04°23'30"West a distance of 60.35 feet; THENCE North 03°35'10" West a distance of 83.23 feet; THENCE North 01°20'02" West a distance of 40.36 feet to the beginning of a tangent curve, concave southwesterly, having a radius of 10.00 feet; THENCE northwesterly, along said curve, through a central angle of 43°59'19", an arc length of 7.68 feet; THENCE North 45°19'20" West a distance of 4.76 feet to the TRUE POINT OF BEGINNING. Contains 4,446 square feet, 0.10 acres, more or less. Subject to all covenants, rights, rights-of-way, and easements of record. Exhibit "B" attached hereto and by this reference mad a part hereof. The herein described easement is for temporary construction purposes only, and shall terminate six (6) months after the date of recordation of this document. Larry R. Markham, R,C.E. 30657 Date EXPIRES: 03-31-12 LINE/CURVE DATA NO. Length Direction/Delta Radius L1 3.24 S45'19'20"E L2 40.55 SO1'20'021 L3 83.50 503'35'10"E L4 59.67 SO4'23'30"E L5 31.56 SO4'07'53"W L6 28.26 509'47'47"E 10.00 L7 64.62 S02'56'45"W L8 41.22 504'20'31"E 806.00 L9 30.98 S24'29'23"W L10 32.09 SO4'15.49"W UNE/CURVE DATA NO. Length Direction/Delta Radius L11 11.81 S39'56'44"W L12 11.22 SO4'15'49'W L13 10.00 586'37'00"E L14 7.84 N04' 15'49"E L15 5.89 N39'56'44"E L16 3.45 S85'44'11"E 10.00 L17 38.33 N04'15'49"E L18 31.77 N24'29'23"E 806.00 L19 43.16 N04'20'31 "W L20 65.10 NO2'56'45"E EASEMENT NOTES: \ WATER PIPEUNE EASEMENT IN FAVOR OF THE UNITED STATES OF AMERICA PER INSTRUMENT NO. 3113, REC. 10/27/49, IN BOOK 1118 AT PAGE 396, O.R. WATER PIPELINE EASEMENT IN FAVOR OF THE UNITED STATES OF AMERICA PER INSTRUMENT NO. 57185, REC. 12/01/53, IN BOOK 1531 AT PAGE 11, 0.R. EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY PER INSTRUMENT NO. 18863, REC. 02/26/69, O.R. n DRAINAGE EASEMENT IN FAVOR OF THE PUBLIC PER INSTRUMENT NO. 43272, REC. 02/18/88, O.R. DRAINAGE EASEMENT IN FAVOR OF THE PUBLIC PER INSTRUMENT NO. 60047, REC. 03/07/88, O.R. DRAINAGE AND UNDERGROUND UTILITY EASEMENT IN FAVOR OF INLAND VALLEY CABLEVISION PER INSTRUMENT NO. 64105, REC. 02/26/91, O.R. RECORD OWNER: CITY OF TEMEMCULA 41000 MAIN STREET TEMECULA, CA 92589 PREPARED BY. M MON MG 4!655 bdept Gck K - Seie B Tann* Wolf* 42596 (951) 296-3466 91.. (951) 296-3426 FM LINE/CURVE DATA NO. Length Direction/Delto Radius L21 28.15 N09'47'47'W L22 31.09 N04'07'53"E L23 60.35 NO4'23'30111 L24 83.23 NO3'35'101N L25 40.36 NO1'20'02"W C1 7.68 43'59'19" 10.00 L26 4.76 N45'19'20'111 C2 10.11 00'43'09" 806.00 l0., _ VICINITY MAP N.T.S. onA - DRAWN BY: S. MUNROE DATE: 07/14/11 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT COURSE DATA, EASEMENT NOTES, AND VICINITY MAP SHEET 1OF2 / '1, / / �,,g4)� L261 TRUE C1 POINT OF �I BEGINNING LZS AMENDED 1 PM 21884 '--I---124 I LLA CNST' EL BNO. 409474 PMB 152/22-31 REC. 11/07/90, O.R. 1 1771 L21 AREA= 4446 SF 0.10 AC /� 1 L20 POINT OF COMMENCEMENT - N32'11'52"W (R) PARCEL 4 R040- RoN J � O J) o � L10 L17 ° ci o L11—\‘L16 ___L12 1 I NN L14 L13 g w J Q= I z,,cp r-----K—Z PARCEL 1 1 PM 4758 PMO 6/39 RECORD OWNER: CITY OF TEMEMCULA 41000 MAIN STREET TEMECULA, CA 92589 PREPARED BY: M •NK' MAMMA DEVELOPMENT IANAGEMENT GROW, INC. 41815ai Oak 11. - sage Toxolo, Caflama 5693 (9S1) M-3465 ia. (61) M-3+Th FIX CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT PLAT SHEET SHEET2 OF2 EXHIBIT C Southern California Easement RECORDING REQUESTED BY SOUJHERN CALIFORNIA EDISON An EDISON INTERNATIONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Real Properties 2131 Walnut Grove Avenue, 211d Floor Rosemead, CA 91770 Attn: Distribution/I'RES GRANT OF EASEMENT SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ NONE (VALUE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above- ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of Riverside, State of California, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor agrees for himself his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. STRICT Wildomar �ti�iK 6Fsi—�nFNTRY 6488-2000 TD517921 0-2158 MAY �[E AND CONSIDERATION LESS THAN $104.001 SCE Company FIM 492-1734-1 APN 953-050-016 APPROVED. Real Properties kW SLS/I3KM DATE 08/03/11 SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME CITY OF TEMECULA COMMUNITY SERVICES DISTRICT (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above- ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of Riverside, State of California, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor agrees for himself his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXECUTED this day of , 20`. GRANTOR CITY OF TEMECULA COMMUNITY SERVICES DISTRICT Signature Fi int Name Title GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Dino J. LaBanca, Real Properties Department Date 2 DSE800707063 6488-2000 / 0-2158 / TD517921 State of California ) ) County of ) On before me, , personally (here insert name and title of the officer) appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 (This area for notary stamp) State of California ) ) County of ) On before me, , personally (here insert name and title of the officer) appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the Iaws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (This area for notary stamp) 3 DSE800707063 6488-2000 / 0-2I58 / TD517921 EXHIBIT "A" LEGAL DESCRIPTION EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON THAT CERTAIN PORTION OF PARCEL B OF THAT CERTAIN LOT LINE ADJUSTMENT RECORDED NOVEMBER 7, 1990 AS INSTRUMENT NO. 409474 OF OFFICIAL RECORDS OF SAID COUNTY, SAID PARCEL B BEING PARCEL 2 TOGETHER WITH A PORTION OF PARCEL I OF PARCEL MAP NO. 23890 AS SHOWN ON A MAP FILED IN BOOK 162, PAGES 44 THROUGH 46 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: A 6.00 FOOT WIDE STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL A OF SAID CERTAIN LOT LINE ADJUSTMENT, SAID POINT ALSO BEING THE EASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 23890 SHOWN AS HAVING A BEARING OF NORTH 86°37'00" WEST AND A LENGTH OF 207.08 FEET; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL A SOUTH 02°49'06" EAST 3.00 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 88°10'54" EAST 200.03 FEET TO THE EASTERL ( LINE OF SAID PARCEL 13 (ALSO BEING THE EASTERLY LINE OF SAID PARCEL 2 OF PARCEL MAP NO. 23890); THENCE ALONG LAST SAID EASTERLY LINE NORTH 2°49'06" WEST 6.00 FEET; THENCE LEAVING LAST SAID EASTERLY LINE SOUTH 88°10'54" WEST 199.98 FEET; THENCE SOUTH 1°49'06" EAST 3.00 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY, AND EASEMENTS OF RECORD. CONTAINS 1,200 SQUARE FEET, OR 0.028 ACRES, MORE OR LESS. FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. 4 Prepared by me or under my direction Dated: Al • '3 , 2011 /( . i BRIAN K. MICKE ON, L.S. No. 7320 DSE800707063 6488-2000 / 0-21581 TD517921 EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON RIJOQVC=LI 1"= 100' WILLOW RUN ROAD VETERANS PARK A4`? -2s YUKON R04o RANCHO O,p MOBILE HOME PARK SOUTH GENERAL KEARNY ROAD VICINITY MAP N.T.S. \\�O�P�P IwI wN 86'37'00" W (RAD.) CO 207.08' =114.27' (,1JJI0o ` < I oN r IJ I�7 J / o nHa&2 'C{Q taAP4,4 44' 92.81' "Q„ LL./. MST. No. 409476 z of O I N cn O J n � O O I O PAR o " I PQOCa. OAP F.5%° 1162 PREPARED BY ME OR UNDER MY SUPERVISION: 4‘'._/0;4 ?)70;/ BRIAN K. MIC KELSON L.S.No.2 S73 0 E N 1'49'06" W N86'37'00"W 3.00' —207.08' 1 N 2'49'06" W 3.00' Crl U1 (0 0 44' 1 5 1 . 5 6 , 1 N 01 (1'1 n) c0 23 93 48 201.41' IU' N79.50100"w N I o PARCEL "B" L.L.A. MST. \_ No. 449474 N 88'10'54" E N 8810'54" E PARCEL " L.L.A. MT No. 40 474 P.O.B. SEE DETAIL BELOW 49, 85' EASTERLY LINE PARCEL A L.L.A. INST_ NO. 409474 EASTERLY LINE PARCEL B L.L.A. INST. NO. 409474 0) z 0 N (0 0 0) o • CV 00 co to toco:t (''-199.98' 200.03' N 8810'54" E 200.03' LEGEND w P.O.B. - NORTHEAST CORNER PARCEL 1 PARCEL MAP NO. 23890 EASEMENT DETAIL 1" = 40' /// DENOTES SCE EASEMENT APPROX. AREA = 1200 SQ. FT. P.O.B. = POINT OF BEGINNING SCE EASEMENT DSE800707063 6488-2000 0-2158 TD# 517921 SLS/BKM 08/03/11 _\ �\ 1 WOWS/ / mea�lt• bb �� • Off BMW 01.1110W COMM mama atir l • ..\ p *WWI a�,\ AVM SCII mom wed 1.11410$ V • 1•M*^� t� � `11110011 MIS PIMP SIMI liirrr MOW ig mot ow ATTACHMENT 3 RECORDING REQUESTED BY Ell SOUI1II RN CALIFORNIA EDISON ' An ED/SON INTERNATIONAL Cumpony WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Real Properties 2131 Walnut Grove Avenue, 2nd Floor Rosemead, CA 91770 Attn: Distribution/I'RES GRANT OF EASEMENT coi_371 DOC # 2011-0441780 10/06/2011 10:14A Fee:30.00 Pape 1 of 6 Recorded in Official Records County of Riverside Larry U. Ward Assessor County Clerk i Recorder II11111I11111II11 11II11II1 11111 ILII 11111111 lII 111! S R U PAGE SIZE DA MISC LONG RFD COPY 08/03/11 OG, Or OH FRMnuME A L 485 426 PCOR NCOR SMF NCHG E IT: CTY UNI DOCUMENTARY TRANSFER TM $ IVQNj NALUt; raxr W i ldumar WORK oFatx 6488-2000 TD517921 is ry 0-2158 144. u . '' AND CONSIDERATION LESS THAN $.1a00l " SCE c,, �,y ri�2-1734-1 ,,PN 953-050-016 APonovtD. Real Properties SLS/13KM 08/03/11 OG, Or OH FRMnuME CITY OF TEMECULA COMMUNITY SERVICES DISTRICT (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above- ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of Riverside, State of California, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXECUTI3D this 13thday of September , 2011 APPROVED AS TO FORM: l�f / Peter M. Thorson City Attorney ATTEST: Susan ones, MMC City / leak GRANTOR CITY OF TEMECULA COMMUNITY SERVICES DI S c.mnun ty services district '// Jeff Comerchero Flint Name President Title GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, Dino J. LaBanca, Real Properties Department Date 2 DSE800707063 6488-2000 / 0-2158 / TD517921 State of California ) County of Se ) On ql r r � before me, a • G" v (here i appeared who proved to me on the basis of satisfactory evidence to be the persort(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heI 1iv they executed the same in hisRrerAheir authorized capacity(tec), and that by his/her/their signature() -on the instrument the person(c),-or.the entity upon behalf of which the person(s) acted, executed the instrument. +cab J. LA 44 Ris L :rt name and title of the officer) Ga , personally 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha /�f�'+S seal. Signature State of California County of On before me, 'O'- f '‘Cotttn►tut$ton • 17401411 1 •••F Notary PubI c - California ino O oCounty Dec) 1 (This area for notary stamp) (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 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 (This area for notary stamp) 3 DSE800707063 6488-2000 / 0-2158 / TD517921 EXHIBIT "A" LEGAL DESCRIPTION EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON THAT CERTAIN PORTION OF PARCEL. 13 OF THAT CERTAIN LOT LINE ADJUSTMENT RECORDED NOVEMBER 7, 1990 AS INSTRUMENT NO. 409474 OF OFFICIAL RECORDS OF SAID COUNTY, SAID PARCEL B BEING PARCEL 2 TOGETHER WITH A PORTION OF PARCEL 1 OF PARCEL MAP NO. 23890 AS SHOWN ON A MAP FILED IN BOOK 162, PAGES 44 TIIROUGH 46 OF PARCEL MAPS IN TIIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: A 6.00 FOOT WIDE STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL A OF SAID CERTAIN LOT LINE ADJUSTMENT, SAID POINT ALSO BEING THE EASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTIIERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 23890 SHOWN AS HAVING A BEARING OF NORTH 86°37'00" WEST AND A LENGTH OF 207.08 FEET; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL A SOUTH 02°49'06" EAST 3.00 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 88°10'54" EAST 200.03 FEET TO THE EASTERLS' LINE OF SAID PARCEL B (ALSO BEING THE EASTERLY LINE OF SAID PARCEL 2 OF PARCEL MAP NO. 23890); THENCE ALONG LAST SAID EASTERLY LINE NORTH 2°49'06" WEST 6.00 FEET; THENCE LEAVING LAST SAID EASTERLY LINE SOUTH 88°10'54" WEST 199,98 FEET; THENCE SOUTH 1°49'06" EAST 3.00 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL COVENANTS, RIGHTS, RIGIITS-OF-WAY, AND EASEMENTS OF RECORD. CONTAINS 1,200 SQUARE FEET, OR 0.028 ACRES, MORE OR LESS. FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION SEE EXHIBIT "13" ATTACHED HERETO AND MADE A PART HEREOF. 4 Prepared by me or under my direction Dated: _ 4i/ 2011 BRIAN K. MICKE ON, L.S. No. 7320 DSE800707063 6488-2000 / 0-2158 / TD517921 EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON HICDKUM P:162144 1"= 100' IT WILLOW RUN ROAD VETERANS PARK �UKON O44 RANCHO G MOBILE HOME PARK SOUTH GENERAL KEARNY ROAD VICINITY MAP N.T.S. PREPARED BY ME OR UNDER MY SUPERVISION: /Z./11<•4 BRIAN BRIAN K. MIC KELSON, L.S. No. 7320 Iw! w 114.27' ■ loo Q kc,34 r Jl- J .41 N 86'37'00" W (RAD.) 207.08' 92.81' PARCEL w MEM EM ®. g !!74 • 44' zl (n 0 ID 0 0 i1/43/11 r - N 1'49'06" N86'37'00"W 3.00' 207.08' 1 N 2'49'06" W 3.00' W FAS P. (A 01 (D 201 47 N �95p 00" w PARCEL 4E"L.L.A. & 2 T Ma CPU 74 AP gAt .152/' 220 a .4 PARCEL M(1q C L.L.A. MST 1 aa. 4109474 P.O.B. SEF DETAIL BELOW EASTERLY LINE PARCEL A L.L.A. INST. NO. 409474 rn J EASTERLY LINE PARCEL B L.L.A. INST. NO. 409474 151.56. N 8810'54" E N 8810'54" E 49 85. `'1199.98' 200.03' ow Arai, -. rr IOW ► ri r ri rr r 200.03' LEGEND PA go. • 0 o co co (13 il II et N 88'10'54" E P.O.B. - NORTHEAST CORNER PARCEL 1 PARCEL MAP NO. 23890 7 EASEMENT DETAIL 1" = 40' DENOTES SCE EASEMENT APPROX. AREA = 1200 SQ. FT. P.O.B. = POINT OF BEGINNING SCE EASEMENT DSE800707063 6488-2000 0-2158 TD# 517921 SLSIBKM 08/03/11 ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary C.S. VASQUEZ Date Commission Expires December 12_2011 Notary Identification Number 1780746 (for Notaries commissioned after 1-1-1992) ManufacturerNendor Identification Number NNAI (for Notaries commissioned after 1-1-1992) Place of Execution of this Declaration Orange County Date September 21, 2011 Signature (Firm name if any) Item No. 12 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 8, 2012 SUBJECT: First Amendment with Environmental Cleaning Solutions and Facility Management, LLC for Park Restrooms and Picnic Shelters Janitorial Services for Fiscal Year 2012-13 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: Approve the First Amendment to the Agreement with Environmental Cleaning Solutions and Facility Management, LLC for Park Restrooms and Picnic Shelters Janitorial Services, in the amount of $78,180, for Fiscal Year 2012-13. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Park Restrooms and Picnic Shelters Janitorial Services on February 25, 2011. A one year Contract with the option of four one-year extensions was awarded to Environmental Cleaning Solutions and Facility Management, LLC in the amount of $83,180. The First Amendment is now requested to authorize the first one year extension as permitted per the original contract. The cost to provide janitorial services for Fiscal Year 2012- 13 is $63,180 and an estimated $15,000 is being requested for special events and additional supplemental services. This additional year of services will increase the total contract amount to $161,360. FISCAL IMPACT: The amount to provide Park Restrooms and Picnic Shelters Janitorial Services is $78,180. Sufficient funds have been included in the proposed Annual Operating Budget for Fiscal Year 2012-13 in the appropriate expenditure accounts. ATTACHMENTS: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND ENVIRONMENTAL CLEANING SOLUTIONS AND FACILITY MANAGEMENT, LLC FOR PARK RESTROOMS AND PICNIC SHELTERS JANITORIAL SERVICES THIS FIRST AMENDMENT is made and entered into as of May 8, 2012 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Environmental Cleaning Solutions and Facility Management, LLC, a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 14, 2011, the City and Contractor entered into that certain Agreement entitled "Agreement for Park Restrooms and Picnic Shelters Janitorial Services", in the amount of $83,180. b. The parties now desire to add a scope of work, extend the term of the agreement to June 30, 2013, increase the payment in the amount of $78,180, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2013 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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. The First Amendment amount shall not exceed Seventy Eight Thousand One Hundred Eighty Dollars ($78,180), for additional Park Restrooms and Picnic Shelters Janitorial Services for a total Agreement amount of One Hundred Sixty One Thousand Three Hundred Sixty Dollars ($161,360). 1 Mailing Address: City of Temecula Attn: 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: General Manager 41000 Main Street Temecula, CA 92590 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES ENVIRONMENTAL CLEANING SOLUTIONS & DISTRICT FACILITY MANAGEMENT, LLC. (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 President Dan R. Yasui, President CEO ATTEST: By: By: Susan W. Jones, MMC, City Jean Yasui, Treasurer Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Environmental Cleaning Solutions & Facility Management, LLC Contact Person: Dan R. Yasui 19881 Brookhurst St. Suite C-303 Huntington Beach, CA 92646 Phone Number. (714) 231-9645 3 PM Initials: Date: !/ 17 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT B PAYMENT RATES AND SCHEDULE PRICING SHEET PARK NAME / RESTROOM LOCATION ADDRESS PRICE PER MONTH PRICE PER YEAR *Paloma Del Sol Park 32099 De Portola Road $186.00 $2,232.00 *Margarita Community Park 29119 Margarita Road $186.00 $2,232.00 *Pala Community Park 44900 Temecula Lane $186.00 $2,232.00 *Ronald Reagan Sports Park (Rancho Vista Field) 30875 Rancho Vista Road $186.00 $2,232.00 *Temecula Skate Park (At Ronald Reagan Sports Park) 42569 Margarita Road $186.00 $2,232.00 *North/South Field (At Ronald Reagan Sports Park) 42775 Margarita Road $186.00 $2,232.00 *Temeku Hills Park ( Snack Bar Restroom) 31367 La Serena $186.00 $2,232.00 *Harveston Community Park (Community Room) 28582 Harveston Drive $186.00 $2,232.00 *Harveston Community Park (Snack Bar) 28582 Harveston Drive $186.00 $2,232.00 *Patricia H. Birdsall Sport Park (Snack Bar Restroom) 31621 Deer Hollow $186.00 $2,232.00 *Patricia H. Birdsall Sport Park (Play Ground Restroom) 31621 Deer Hollow $186.00 $2,232.00 Temecula Duck Pond 28250 Ynez Road $186.00 $2,232.00 Winchester Creek Park 39950 Margarita Road $186.00 $2,232.00 Sam Hicks Monument Park 41970 Moreno Road $186.00 $2,232.00 Meadows Park 43110 Meadows Parkway $186.00 $2,232.00 Pauba Ridge Park 33405 Pauba Road $186.00 $2,232.00 Crowne Hill Park 33203 Old Kent Road $186.00 $2,232.00 Temecula Elementary School Pool Restroom 41951 Moraga Road $186.00 $2,232.00 4 EXHIBIT B CONTINUED Harveston Lake Park (Boat House Restroom) 29005 Lake House Road $186.00 $2,232.00 Harveston Lake Park (Playground Restroom) 29005 Lake House Road $186.00 $2,232.00 Kent Hintergardt Memorial Park 31465 Via Cordoba $186.00 $2,232.00 6'h Street Parking Pot Restroom 41952 Sixth Street $186.00 $2,232.00 Wolf Creek Park 45898 Wolf Creek Drive North $186.00 $2,232.00 ■ SUBTOTAL A $4,650.00 $55,800.00 *Community/Sports Park (10:OOPM — 6:OOAM) Contractor's Signature 5 EXHIBIT B CONTINUED GAZEBO/PICNIC SHELTER MAINTENANCE ADDRESS PRICE PER MONTH PRICE PER YEAR Sam Hicks Monument Park (1Shelter) 41970 Moreno Road $25.00 $300.00 Harveston Community Park (one (1) large shelters) 28582 Harveston Drive $70.00 $840.00 Harveston Lake Park Playground (2.5 shelters) 29005 Lake House Road $50.00 $600.00 Harveston Lake Park Wedding Gazebo (lshelter) 29005 Lake House Road $25.00 $300.00 Winchester Creek Park (2 Shelters) 39950 Margarita Road $50.00 $600.00 Ronald Reagan Sports Park (1 Shelter) 41569 Margarita Road $25.00 $300.00 Meadows Park (2 Shelters) 43110 Meadows Parkway $50.00 $600.00 Pauba Ridge Park (2 Shelters) 33405 Pauba Road $50.00 $600.00 Crowne Hill Park (1 Shelter) 33203 Old Kent Road $25.00 $300.00 Pala Community Park (3 Shelters) 44900 Temecula Lane $70.00 $840.00 Margarita Community Park (2 Shelters) 29119 Margarita Road $50.00 $600.00 Temecula Duck Pond (1 Shelter) 28250 Rancho California Road $25.00 $300.00 Temeku Hills Park (1 Shelter) 31367 La Serena Way $25.00 $300.00 Patricia H. Birdsall Sport Park (1 Shelter at Snack Bar) 31621 Deer Hollow Way $50.00 $600.00 Wolf Creek Park (1 Shelter) 45898 Wolf Creek Drive North $25.00 $300.00 SUBTOTAL B RESTROOM MAINTENANCE AND GRAND TOTAL (Subtotal A+B) $5,265.00 $63.180.00 GAZEBO/PICNIC SHELTER MAINTENANCE 6 EXHIBIT B CONTINUED ADDITIONAL SERVICE ITEMS DESCRIPTION SCOPE OF WORK PRICE PER MONTH PRICE PER YEAR Maintain an additional park restroom, which will include men and women areas, totaling approximately 500 S.F. to 900 S.F. May be added to contract as new facilities are constructed. More than one restroom building may be added during contract term. Maintain per above Specifications/Scope of Work, Exhibit A above. $186.00 $2,232.00 Provide Supplemental Restroom Maintenance Services for Special Events. Provide Staff to clean and stock park restroom facility (both men and women restrooms) hourly rate. Per Exhibit "A" Daily Requirements. $25.00 Provide General Janitorial Maintenance Services Provide Specified general janitorial maintenance services, such as cleaning office areas, kitchens, office or recreation building restrooms, hallways, multipurpose rooms, etc. $25.00 Contractor's Signature 7 Item No. 13 Approvals City Attorney Director of Finance City Manager TEMECULACOMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 8, 2012 SUBJECT: Second Amendment with ThyssenKrupp Elevator for Elevator Maintenance and Monitoring Services for Fiscal Year 2012-13 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: Approve the Second Amendment to the Agreement with ThyssenKrupp Elevator for elevator maintenance and monitoring services, in the amount of $26,800, for Fiscal Year 2012-13. BACKGROUND: The Temecula Community Service Department (TSCD) released a Request for Proposal (RFP) for all City elevators, to provide inspection, monitoring and repair services on March 12, 2010. A one year Contract with option of three one-year extensions was awarded to ThyssenKrupp Elevator in the amount of $35,000. The First Amendment was approved on May 10, 2011 in order to extend the term of the Agreement and increase the payment for additional services in the amount of $16,800. The Second Amendment is now requested to authorize the second one year extension as permitted per original contract. The cost to provide inspection and monitoring services for Fiscal Year 2012-13 is $16,800 and an estimated $10,000 is being requested for repairs and additional supplemental services. This additional year of services will increase the total contract amount to $78,600. FISCAL IMPACT: The amount to provide Elevator Maintenance and Monitoring Services is $26,800. Sufficient funds have been included in the proposed Annual Operating Budget for Fiscal Year 2012-13 in the appropriate expenditure accounts. ATTACHMENTS: Second Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND THYSSENKRUPP ELEVATOR CORPORATION FOR ELEVATOR MAINTENANCE AND MONITORING SERVICES THIS SECOND AMENDMENT is made and entered into as of May 8, 2012 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and ThyssenKrupp Elevator Corporation, a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On May 25, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Elevator Maintenance and Monitoring Services", in the amount of $35,000. b. On May 10, 2011, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Elevator Maintenance and Monitoring Services," to add scope of work, extend the term of the agreement to June 30, 2012, and increase the payment in the amount of $16,800. c. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2013 increase the payment in the amount of $26,800 and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2013 unless sooner terminated pursuant to the provisions of this Ag ree me nt. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms 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. The Second Amendment amount shall not exceed Twenty Six Thousand Eight Hundred Dollars ($26,800) for additional elevator maintenance and monitoring service, for a total Agreement amount of Seventy Eight Thousand Six Hundred Dollars ($78,600). 1 Mailing Address: City of Temecula Attn: 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: General Manager 41000 Main Street Temecula, CA 92590 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES THYSSENKRUPP ELEVATOR CORPORATION DISTRICT (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 President Robbie Elrod, Contract Analyst ATTEST: By: By: Susan W. Jones, MMC, City Steven Norris, Contract Analyst Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR ThyssenKrupp Elevator Contact Person: Jim Shurtz 1601 S. Sunkist St. Suite E Anaheim, CA 92806 Phone Number. (866) 939-0888 Fax Number: (866) 768-8620 www.thyssen kru ppelevator.com 3 PM Initials: Date: DB ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE ELEVATOR LOCATION ADDRESS ELEVATOR NAME NUMBER OF FLOOR STOPS PRICE PER MONTH PRICE PER YEAR City Hall 43200 Business Park Drive Montgomery Model: S411-95 2 $120.00 $1,440.00 Maintenance Facility 43210 Business Park Drive GMS Elevator/ Elevator Controls Corp. H-800 2 $120.00 $1440.00 Temecula Valley Museum 28314 Mercedes Drive Westcon Motion Control Eng. HMC -1000 PHC 2 $120.00 $1,440.00 Community Recreation Center 30875 Rancho Vista Road Porch -Lift Model L4194WL 2 $40.00 $480.00 Old Town Community Theater 42051 Main Street Mitsubishi Model: HMC 1000 3 $120.00 $1,440.00 Old Town Community Theater 42052 Main Street Genesis -Lift Model: 139737 2 $40.00 $480.00 Maintenance Facility -Field Operations Center 43230 Business Park Drive Mitsubishi Model: IDH -M -L2 2 $120.00 $1,440.00 Civic Center Town Square 41000 Main St Otis (3) Elevators 3 $360.00 $4,320.00 Old Town Parking Garage 41000 Main St. Schindler (3) Elevators 1 Elev. 2 stops 2 Elev. 5 stops $360.00 $4,320.00 Total $1,400 $16,800 4 EXHIBIT "B" CONTINUED DESCRIPTION SCOPE OF WORK PRICE PER ELEVATO R PER MONTH PRICE PER YEAR Monitoring Elevator Emergency Phone This monthly fee should include cost to re - program phone, repairs and monthly monitoring fee Annual Price Include Monitoring Elevator Emergency Phone Fee Annual Price Include Monitoring Elevator Emergency Phone Fee Mark-up added to Contractor's wholesale price of parts & equipment 25% ADDITIONAL SERVICES ITEMS DESCRIPTION SCOPE OF WORK PREMIUM PORTION OF HOURLY RATE ONLY* Premium portion of If City requires work covered by overtime hourly rate this Maintenance Contract to be per man for routine performed outside of the Vendors Monday- Friday: $139.00 per mechanic hr maintenance and normal business hours (8:OOam — emergency repairs 5:OOpm). The rate shown is the Saturdays: $139.00 per mechanic hr requested by City premium portion of the overtime outside of Vendor's rate which would be paid by City. Sunday & Holidays: $188.00 per mechanic hr normal business Vendor will absorb the straight hours time portion of the overtime hourly rate. *Premium Portion of the hourly rate is the difference between any overtime rates less "normal straight time hourly rate." 5 EXHIBIT "B" CONTINUED DESCRIPTION SCOPE OF WORK HOURLY RATE Normal hourly rate for Hourly rate charged by vendor for work performed by repairs requested by City which Normal straight time rate: $198 per mechanic hr & $337 per Vendor for repairs outside the scope of are not covered in Exhibit A team hr* Exhibit A Overtime rate: $337 per mechanic hr & $573 per team hr* Saturdays rate: $337per mechanic hr & $573 per team hr Sunday & Holidays rate: $386 per mechanic hr & $657per team hr * Team equals Mechanic rate plus helper rate. Contractor's Signature 6 Item No. 14 Approvals City Attorney Director of Finance City Manager gtd TEMECULACOMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 8, 2012 SUBJECT: Third Amendment with Alpha Mechanical Service & Engineering for HVAC Maintenance Services for Fiscal Year 2012-13 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: Approve the Third Amendment to the Agreement with Alpha Mechanical Service & Engineering for HVAC Maintenance Services, in the amount of $50,000, for Fiscal Year 2012-13. BACKGROUND: The Temecula Community Service Department (TSCD) released a Request for Proposal (RFP) for HVAC Maintenance Services on April 6,2009. A one year Contract with option of three one-year extensions was awarded to Alpha Mechanical Service & Engineering in the amount of $55,825. The First Amendment was approved on May 11, 2010 in order to extend the term of the Agreement and increase the payment for additional services in the amount of $66,112. The Second Amendment was approved on May 10, 2011 in order to extend the term of the Agreement and increase the payment for additional services in the amount of $50,000. The Third Amendment is now requested to authorize the third one year extension as permitted per original contract. The cost to provide Heating and Air Conditioning Maintenance Services for Fiscal Year 2012-13 is $26,685 and an estimated $23,315 is being requested for repairs and additional supplemental services. This additional year of services will increase the total contract amount to $221,937. FISCAL IMPACT: The amount to provide HVAC Maintenance Services is $50,000. Sufficient funds have been included in the proposed Annual Operating Budget for Fiscal Year 2012-13 in the appropriate expenditure accounts. ATTACHMENTS: Third Amendment THIRD AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND ALPHA MECHANICAL SERVICE & ENGINEERING, INC. FOR HEATING & AIR CONDITIONING SERVICE THIS THIRD AMENDMENT is made and entered into as of May 8, 2012 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Alpha Mechanical Service & Engineering, 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. This Amendment is made with the respect to the following facts and purposes: a. On June 9, 2009, the City and Contractor entered into that certain Agreement entitled "Agreement for Heating and Air Conditioning Maintenance Service", in the amount of $55,825. b. On May 11, 2010, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Heating and Air Conditioning Maintenance Service," to add scope of work, extend the term of the Agreement to June 30, 2011, and increase the payment in the amount of $66,112. c. On May 10, 2011, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for Heating and Air Conditioning Maintenance Service," to add scope of work, extend term of the Agreement to June 30, 2012, and increase the payment in the amount of $50,000. d. The parties now desire to add scope of work, extend the term of the Agreement to June 30, 2013 increase the payment in the amount of $50,000 and amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2013 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms 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. The Third Amendment amount shall not exceed Fifty Thousand Dollars ($50,000) for additional heating and air conditioning maintenance services, for a total Agreement amount 1 of Two Hundred Twenty One Thousand Nine Hundred Thirty Seven Dollars ($221,937). Mailing Address: City of Temecula Attn: 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: General Manager 41000 Main Street Temecula, CA 92590 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES ALPHA MECHANICAL SERVICE & DISTRICT ENGINEERING, 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 President Mark Swearingen, President ATTEST: By: By: Susan W. Jones, MMC, City James Egan, Vice President Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Alpha Mechanical Service & Engineering, Inc Contact Person: Tricia McAvoy 4885 Greencraig Lane, San Diego, CA 92123 Phone Number. (866) 939-0888 Fax Number: (858) 279-1300 3 PM Initials: Date: DB ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE DESCRIPTION PRICE PER VISIT* PRICE PER YEAR CITY HALL HVAC $1,075.00 $3,225.00 MAINTENANCE FACILITY HVAC $262.00 $786.00 FOC. FIELD OPERATIONS CENTER HVAC $283.00 $849.00 COMMUNITY RECREATION CENTER HVAC $800.00 $2,400.00 TEMECULA COMMUNITY CENTER HVAC $120.00 $360.00 MARY PHILLIPS SENIOR CENTER HVAC $235.00 $705.00 TEMECULA VALLEY MUSEUM HVAC $150.00 $450.00 CHAPEL OF MEMORIES HVAC $50.00 $150.00 TEMECULA CHILDREN'S MUSEUM HVAC $201.00 $603.00 FIRE STATION 84 HVAC $211.00 $633.00 FIRE STATION 92 HVAC $292.00 $876.00 FIRE STATION 73 HVAC $58.00 $174.00 FIRE STATION 95 HVAC $58.00 $174.00 HARVESTON COMMUNITY PARK HVAC $72.00 $216.00 OLD TOWN COMMUNITY THEATER HVAC $299.00 $897.00 TEMECULA VALLEY LIBRARY HVAC $729.00 $2,187.00 PATRICIA H. BIRDSALL PARK HVAC $133.00 $399.00 TEMECULA COMMUNITY CENTER "B" HVAC $97.00 $291.00 OLD TOWN AUDIO CABINETS HVAC $150.00 $450.00 4 ATTACHMENT "A" EXHIBIT "B" (Continued) HARVESTON CLUBHOUSE/CENTER $191.00 $573.00 OLD TOWN PARKING GARAGE $305.00 $915.00 CIVIC CENTER $3,124.00 $9,372.00 $26,685.00 * Three visits per fiscal year ALTERNATE BID ITEMS -For re air or extra work authorized by Ci MARK-UP ADDED TO CONTRACTOR'S WHOLESALE PRICE OF PARTS & EQUIPMENT 25% HOURLY RATE PER REGULAR MAN HOUR-8am To 5pm Monday through Friday $80.00 HOURLY RATE PER OVERTIME MAN HOUR -After-hours, Weekends, Holidays, etc. $120.00 Contractor's Signature: 5 COUNCIL BUSINESS Item No. 15 Approvals City Attorney Director of Finance City Manager 140 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Development DATE: May 8, 2012 SUBJECT: Purchase and Sale Agreement between the City of Temecula and Wild Rivers Temecula LLC for the sale of approximately 19.7 acres located northwesterly of Diaz Road and Dendy Parkway (APN 909-370-002) PREPARED BY: Luke Watson, Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND WILD RIVERS TEMECULA LLC FOR THE SALE OF CERTAIN REAL PROPERTY (APN 909-370-002) BACKGROUND: The subject property is located at the northwest corner of Diaz Road and Dendy Parkway. The entire site consists of approximately 32 acres. The portion of the site that is the subject of this Purchase and Sale agreement pertains to the westerly 19.7 acres (approximately). The property was acquired by the City of Temecula (City) in 1992. For several years the former Temecula Redevelopment Agency pursued several projects on the property however none were successful. In January of 2012, the City of Temecula issued a Request for Proposals for prospective buyers of the 32 acre parcel. Only one RFP was received, from Wild Rivers Temecula, LLC. (Wild Rivers). Initially the buyer was interested in the entire property, but modified their proposal to only acquire Parcel 1 (19.7 acres) of approved Tentative Parcel Map No. 36175. Of the 19.7 gross acres 17.9 gross acres are developable. On February 14, 2012 the City entered into an Exclusive Negotiation Agreement (ENA) with Wild Rivers. The agreement was for a term not to exceed six months. As a provision of the ENA, Wild Rivers was required to deposit into escrow a non-refundable $1,000,000 deposit. The deposit shall be applied to the negotiated purchase price. Wild Rivers has made an offer of $3 per square foot of developable land for a total purchase offer of $2,340,000. The City contracted with Riggs and Riggs, Inc., a qualified appraisal firm, to appraise the market value of the property. The appraisal was based on a comparable sales approach. The appraised market valued the developable portion of the property supports Wild Rivers offer as market rate. If the offer is accepted by the City Council and the execution of the Purchase and Sale Agreement, grading will begin within the next 30 to 60 days, with the water park planned opening in late Spring 2013. Purchase and Sale Agreement Terms The terms of the Purchase and Sale Agreement include a sale price of $2,340,000. This represents a per square foot value of $3.00. Upon opening escrow Wild Rivers Temecula LLC (Wild Rivers) will be required to deposit $1,000,000 into escrow as a deposit. Upon the close of escrow Wild Rivers will deliver the balance of the sales price to the City. Prior to the close of escrow the applicant shall complete all grading site work, rough grading, and precise grading. Wild Rivers agrees to close escrow on the property no later than October 1, 2012. Conditions precedent to close of escrow will be the issuance of building permits for the wave pool, lazy river and main administration building. FISCAL IMPACT: The sales price of $2,340,000 for the land represents a per square foot value of $3.00. This transaction is an all cash transaction. The proceeds of the sale will be deposited in the Affordable Housing Fund. ATTACHMENTS: 1. Resolution 2. Draft Purchase and Sale Agreement RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND WILD RIVERS TEMECULA, LLC FOR THE SALE OF CERTAIN REAL PROPERTY (APN 909-370-002) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula does hereby find, determine and declare: A. The City is the owner of approximately 19.7 acres of real property located north westerly of Diaz Road and Dendy Parkway in the City of Temecula as specifically described in the Purchase and Sale Agreement ("Property"). B. The City desires to sell the Property to Wild Rivers Temecula, LLC, pursuant to the proposed Purchase and Sale Agreement. C. The purchase price for the sale of the Property is not less than the fair market value of the Property as determined by an appraisal prepared a certified, MAI appraiser. D. On January 4, 2012, the Planning Commission approved land use entitlements for a water park on the Property as well as a Negative Declaration for such use pursuant to the requirements of the California Environmental Quality Act. Section 2. Approval of Purchase and Sale Agreement. The City Council of the City of Temecula does hereby approve that certain agreement entitled "Purchase and Sale Agreement and Escrow Instructions" by and between the City of Temecula and Wild Rivers Temecula, LLC, ("Agreement") in substantial conformance with the form of such Agreement that is on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreement on behalf of the City in substantial conformance with the form of such Agreement that is on file in the Office of the City Clerk. A copy of the final Agreement when executed by the Mayor and representatives of Wild Rivers Temecula, LLC, shall be placed on file in the Office of the City Clerk. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement, as amendment, including without limitation, the authority to approve and execute on behalf of the City: title report, escrow instructions, implementation agreements, costs, license agreement for access to the Property and such other agreements or certifications as may be necessary or convenient to the completion of the sale of the Property pursuant to the Agreement. Section 4. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day May of, 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of May, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS This PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated May 8, 2012 ("Effective Date"), and is entered into by and between the CITY OF TEMECULA, a municipal corporation ("Seller") and WILD RIVERS TEMECULA, LLC, a California limited liability company ("Buyer"). Recitals A. Seller owns the land described on Exhibit "A" (the "Property"), including without limitation, any and all privileges, entitlements, easements, and appurtenances pertaining to the Property, including any right, title and interest of Seller (if any) in and to any adjacent streets or right-of-ways. B. Seller has delivered to Buyer copies of the reports/studies described on Exhibit "B". C. Seller desires to sell the Property to Buyer, and Buyer desires to purchase the Property from Seller (for use for development and operation of a water park), upon and subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, the Buyer and Seller hereby agree as follows: Agreement ARTICLE 1. PURCHASE AND SALE. 1.1 Purchase and Sale. In consideration of the sum of $1.00, Seller agrees to sell the Property to Buyer (and Buyer agrees to purchase the Property from Seller) on the terms and conditions hereinafter set forth. 1.2 Purchase Price. The purchase price for the Property shall be Two Million Three Hundred Forty Thousand and No/100 Dollars ($2,340,000.00) (the "Purchase Price"). 1.3 Deposit. Within five (5) business days after escrow is opened under Section 2.1 below, Buyer shall deposit One Million and no/100 Dollars ($1,000,000.00) into the escrow (with any interest thereon, the "Deposit"), which will be invested pursuant to instructions delivered by Buyer to the Escrow Holder which are acceptable to the Escrow Holder, and which will be delivered to Seller and credited against the Purchase Price at the close of escrow. BY PLACING THEIR INITIALS HERE, BUYER AND SELLER EACH AGREE THAT IN THE EVENT THE CLOSE OF ESCROW OF THE PROPERTY FAILS TO OCCUR HEREUNDER ON ACCOUNT OF A DEFAULT OR BREACH HEREUNDER BY BUYER, THE DAMAGES TO SELLER WOULD BE EXTREMELY DIFFICULT AND IMPRACTICABLE TO ASCERTAIN, AND THAT THEREFORE, IN THE EVENT BUYER HAS NOT CURED SUCH DEFAULT WITHIN FIVE (5) BUSINESS DAYS AFTER WRITTEN NOTICE IS GIVEN BY SELLER TO BUYER, THE AMOUNT OF THE DEPOSIT (AND IF IT HAS BEEN DEPOSITED WITH ESCROW, THEN THE DEPOSIT -1- 11086-0001 \ 1455754v2.doc ITSELF) SHALL SERVE AS DAMAGES FOR SUCH BREACH OR DEFAULT BY BUYER, AS A REASONABLE ESTIMATE OF THE DAMAGES TO SELLER, INCLUDING COSTS OF NEGOTIATING AND DRAFTING THIS AGREEMENT, COSTS OF SEEKING ANOTHER BUYER, OPPORTUNITY COSTS IN KEEPING THE PROPERTY OUT OF THE MARKETPLACE, AND OTHER COSTS INCURRED IN CONNECTION HEREWITH. RETENTION OF THE LIQUIDATED DAMAGES AMOUNT SHALL BE SELLER'S SOLE AND EXCLUSIVE REMEDY AGAINST BUYER IN THE EVENT OF SUCH AN UNCURED DEFAULT BY BUYER, AND SELLER WAIVES ANY AND ALL RIGHT TO SEEK OTHER RIGHTS OR REMEDIES AGAINST BUYER, INCLUDING WITHOUT LIMITATION, SPECIFIC PERFORMANCE. THE PAYMENT AND RETENTION OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671,1676 AND 1677. SELLER HEREBY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 3389. UPON ANY SUCH UNCURED BREACH OR DEFAULT BY BUYER HEREUNDER, AND TERMINATION BY SELLER BY WRITTEN NOTICE TO BUYER, THIS AGREEMENT SHALL BE TERMINATED AND NEITHER PARTY SHALL HAVE ANY FURTHER RIGHTS OR OBLIGATIONS HEREUNDER, EACH TO THE OTHER, EXCEPT FOR THE RIGHT OF SELLER TO RETAIN SUCH LIQUIDATED DAMAGES. BY PLACING THEIR INITIALS HERE, BUYER AND SELLER EACH AGREE THAT IN THE EVENT THE CLOSE OF ESCROW OF THE PROPERTY FAILS TO OCCUR. HEREUNDER ON ACCOUNT OF A DEFAULT OR BREACH HEREUNDER BY SELLER THAT IS NOT CURED WITHIN TEN (10) DAYS AFTER WRITTEN NOTICE FROM BUYER, AND NO UNCURED BREACH OR DEFAULT OF BUYER THEN EXISTS, BUYER SHALL HAVE THE RIGHT TO EITHER (A) TERMINATE THIS AGREEMENT, WHEREUPON ESCROW SHALL REFUND THE DEPOSIT TO BUYER, PLUS ANY INTEREST ACCRUED THEREON (IF APPLICABLE), WITHIN TWO (2) BUSINESS DAYS FOLLOWING SELLER'S RECEIPT OF BUYER'S NOTICE OF TERMINATION, AND BUYER SHALL HAVE THE RIGHT TO PURSUE AN ACTION FOR DAMAGES AGAINST SELLER, OR (B) CONTINUE PERFORMING UNDER THIS AGREEMENT AND PURSUE ANY AND ALL LEGAL OR EQUITABLE REMEDIES, INCLUDING BUT NOT LIMITED TO, AN ACTION FOR SPECIFIC PERFORMANCE AND DECLARATORY RELIEF. IF BUYER EXERCISES ITS RIGHT TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE FOREGOING, SELLER SHALL BE RESPONSIBLE FOR PAYING ALL TITLE AND ESCROW CANCELLATION COSTS. THE FOREGOING OBLIGATIONS SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND CANCELLATION OF ESCROW. ARTICLE 2. ESCROW. 2.1 Opening. The purchase and sale of the Property shall be consummated by means of an escrow, which is to be opened by the parties at First American Title Company, 1250 Corona Pointe Court, Suite 201 ("Escrow Holder") after a party shall have delivered a copy of this fully executed Agreement to Escrow Holder to the attention of an escrow officer at Escrow Holder designated by Seller. -2- 11086-0001 \ 1455754v2.doc 2.2 Instructions. Buyer and Seller and Escrow Holder may each submit escrow instructions but the escrow instructions shall not modify or amend the provisions of this Agreement, unless otherwise expressly set forth therein and agreed to in writing by both parties. 2.3 Close of Escrow. Escrow shall close on or before October 1, 2012 (the "Outside Closing Date"), unless extended in writing by the Executive Director of Seller. 2.4 Costs. (i) Buyer shall pay fifty percent (50%) of the escrow charges and other fees and costs charged by Escrow Holder, and Seller shall pay the other fifty percent (50%); (ii) Seller shall pay the premium for the Buyer's CLTA title insurance policy, recording charges and documentary transfer taxes; (iii) Buyer shall pay for all title policy endorsements and, if extended coverage (ALTA) title insurance is required by Buyer, then the cost of any ALTA survey and the charge for such extended coverage. ARTICLE 3. BUYER'S CONTINGENCIES. Buyer shall not be obligated to consummate the Close of Escrow unless and until each and all of the obligations, conditions precedent, covenants, and contingencies set forth in Paragraphs 3.1 through 3.6 (each a "Buyer Contingency," and collectively "Buyer Contingencies") are performed and satisfied within the applicable time periods specified herein. The Buyer Contingencies are for the sole benefit of Buyer and may only be waived or deemed satisfied at Buyer's election and in Buyer's sole and absolute discretion, or otherwise deemed waived as a result of Buyer's failure to timely act as provided below. If any of the Buyer Contingencies are not satisfied, Buyer shall have the right to terminate this Agreement and cancel the Escrow as provided below. 3.1 Buyer Due Diligence and Soils Surcharge/Removal. (a) Buyer shall have from the Effective Date until the date that is thirty (30) days after the date of this Agreement (the "Due Diligence Period") to inspect the Property and perform tests with respect to the Property (including, without limitation, soils test and hazardous materials reports and tests) and to otherwise investigate any and all matters related to the Property or the development of the Property (except that title matters shall be governed by Section 3.2. below). To facilitate Buyer's due diligence inspections, Seller shall cooperate in good faith, at no cost to Seller, to provide Buyer and its agents, representatives, and consultants with reasonable access to the Property. Buyer shall notify Seller by no later than 5:00 p.m. (Pacific Time) of the business day before Buyer's entry upon the Property. If Buyer (acting in good faith) does not approve any aspect of the Property, then Buyer may terminate this Agreement by written notice to Seller given on or before 11:59 p.m. (Pacific Time) of the last day of the Due Diligence Period, in which case the Deposit shall be returned to Buyer. If Buyer exercises its right to terminate this agreement in accordance with the foregoing, Buyer and Seller shall equally share in all title and escrow cancellation costs. -3- 11086-0001 \ 145 5754v2.doc (b) Prior to the Close of Escrow, provided this Agreement shall not have been terminated, Buyer may, at Buyer's sole cost and expense, remove up to 250,000 C.Y. of soil from the surface of the Property to the depth of and place it on the adjacent property owned by Seller that is described on Exhibit "F" (the "Adjacent Property") provided that all such soil placed on the Adjacent Property or left on the Property is evenly distributed and graded, and Buyer hereby covenants to evenly distribute and grade such soil (which obligation shall survive the Close of Escrow and any termination of this Agreement). (c) Buyer shall defend, indemnify and hold Seller harmless from any and all claims, liabilities, losses, damages, costs and expenses asserted against or incurred by Seller which arise from Buyer's entry onto and activities on the Property, or the Adjacent Property by Buyer, or its officers, employees, agents or contractors, and the foregoing shall survive the Close of Escrow and any termination of this Agreement. (d) Prior to entering the Property or Adjacent Property, Buyer shall provide to Seller reasonable evidence that Buyer has obtained reasonable liability and property damage insurance from a reputable and creditworthy insurance company, naming Seller as additional insured, covering all of the activities of Buyer and its officers, employees, agents or contractors on the Property and Adjacent Property. 3.2 Title. (a) Title Report. Buyer and Seller acknowledge that, during the Due Diligence Period, Buyer shall have the right to obtain and approve a preliminary title report for the Property ("Title Report") issued by Escrow Holder acting as a title company ("Title Company"), and copies of all underlying recorded instruments of record shown as exceptions and described on the Title Report ("Exception Documents"). (b) Survey. Buyer shall have the right, but not the obligation, to obtain during the Due Diligence Period a certified boundary survey of the Property ("Survey") prepared by a licensed land surveyor in accordance with the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys, as adopted by the American Land Title Association, American Congress on Surveying and Mapping, and the National Society of Professional Surveyors, at Buyer's sole cost and expense. (c) Owner's Policy. Title Company shall be irrevocably and unconditionally committed to issue a CLTA Owner's Policy of Title Insurance, or an ALTA Extended Coverage Policy at the election of Buyer ("Owner's Policy"), with a policy limit equal to the Purchase Price, and showing fee title to the Property vested in Buyer, free and clear of all liens and encumbrances, except for (i) any exceptions shown on the Title Report not objected to by Buyer in writing to Seller on or before the end of the Due Diligence Period; (ii) any exceptions shown on the Title Report or the Survey which Seller expressly agrees to remove; and (iii) any liens securing non -delinquent real property taxes and assessments (collectively, "Permitted Exceptions"). 3.3 Documents and Cash. At least one (1) business day prior to closing: (i) Buyer shall deposit with Escrow Holder the Purchase Price (less the Deposit) with Escrow Holder, and -4- 11086-0001 \1455754v2.doc any additional funds required to pay sums to be paid by Buyer under Section 2.4 above; (ii) Seller shall deliver (a) a grant deed for the Property, duly executed by Seller and notarized, in the form attached hereto as Exhibit "C"; (b) any state or federal withholding certificates required (and prepared) by Escrow Holder to ensure none of the Purchase Price is withheld by Buyer or Escrow Holder; (c) two (2) originals of the Assignment of Intangible Personal Property duly executed by Seller in the form attached hereto as Exhibit "E"; (e) a copy of the resolution of the City Council authorizing Seller to enter into, deliver and perform under all of the documents and instruments necessary to effect the sale of the Property to Buyer; and (iii) Buyer and Seller shall execute and deliver any other documents, instruments, or items reasonably required by escrow and the Title Company as necessary to consummate the Close of Escrow in accordance with the terms of this Agreement. At the closing, Escrow Holder shall record the grant deed, deliver the Purchase Price to Seller and pay the closing, escrow and title costs and issue the Title Policy. 3.4 Accuracy of Representations, Warranties, and Disclosures. As of the Close of Escrow, any representations and warranties of Seller set forth herein shall be true and accurate in all material respects with the same force and effect as if remade by Seller in a separate certificate at the Close of Escrow. 3.5 No Breach or Default. As of the Close of Escrow, no uncured breach or default by Seller shall exist. 3.6 Issuance of Building Permits. The building permits for the wave pool, lazy river and main administration building (which are part of the Project described on Exhibit "D" that Buyer will construct on the Property) shall have been issued by the City of Temecula without any condition or requirement that geopiers be constructed by Buyer in connection with such Project. Buyer hereby covenants to diligently apply for all such permits and pay all fees necessary for the issuance thereof. BY PLACING THEIR INITIALS HERE, BUYER AND SELLER EACH AGREE THAT IN THE EVENT ANY OF THE BUYER'S CONTINGENCIES ARE NOT SATISFIED AS OF THE CLOSE OF ESCROW AND SUCH FAILURE DOES NOT RESULT FROM A BREACH BY BUYER, THEN BUYER SHALL HAVE THE RIGHT TO EITHER (A) TERMINATE THIS AGREEMENT, WHEREUPON ESCROW SHALL REFUND THE DEPOSIT TO BUYER, PLUS ANY INTEREST ACCRUED THEREON (IF APPLICABLE), WITHIN TWO (2) BUSINESS DAYS FOLLOWING SELLER'S RECEIPT OF BUYER'S NOTICE OF TERMINATION, AND BUYER SHALL HAVE THE RIGHT TO PURSUE AN ACTION FOR DAMAGES AGAINST SELLER, OR (B) CONTINUE PERFORMING UNDER THIS AGREEMENT AND WAIVE THE UNSATISFIED BUYER'S CONTINGENCIES (IN BUYER'S SOLE AND ABSOLUTE DISCRETION). IF BUYER EXERCISES ITS RIGHT TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE FOREGOING, BUYER AND SELLER SHALL EQUALLY SHARE ALL TITLE AND ESCROW CANCELLATION COSTS. THE FOREGOING OBLIGATIONS SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND CANCELLATION OF ESCROW. -5- 11086-0001 \ 1455754v2.doc ARTICLE 4. SELLER'S COVENANTS Seller shall comply with the following covenants and requirements at all times from and after the Effective Date, and prior to the Close of Escrow or earlier termination of this Agreement and cancellation of Escrow: 4.1 Seller shall not grant, convey, or enter into any easement, lease, license, agreement, lien, encumbrance, or any other legal or beneficial interest in or to the Property, without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed. 4.2 Seller shall not violate, nor allow the violation of, any law, ordinance, rule, or regulation affecting the Property. 4.3 Seller shall do or cause to be done, all things within its reasonable control to preserve intact and unimpaired any and all rights of way, easements, grants, appurtenances, privileges, and licenses in favor or consisting of any portion of the Property, except as otherwise expressly provided herein. 4.4 Seller shall not take any action or fail to take any action that would result in any change, alteration, modification, addition to, or termination of any of the presently -existing general plan or zoning designation of the Property, without Buyer's prior written approval, and Seller shall immediately provide Buyer with a copy of any written materials received by Seller evidencing or relating to any proposal or attempt to effect any such change, alteration, modification, addition to, or termination other than those sought by Buyer. 4.5 Seller shall (i) not alter the physical condition of the Property; (ii) maintain the Property in substantially the same condition as that which existed as of the Effective Date; and (iii) deliver possession of the Property to Buyer at the Close of Escrow in no worse condition than that which existed as of the expiration of the Due Diligence Period. 4.6 Seller shall not accept any offers to purchase the Property from any third -parties or otherwise market the Property for sale or lease. ARTICLE 5. INDEMNITY 5.1 Definition. For purposes of this Article, the term "Losses" includes, but shall not be limited to, any and all claims, suits, liabilities (including but not limited to strict liabilities), administrative or judicial actions or proceedings, obligations, debts, damages, losses, costs, expenses, diminutions in value, fines, penalties, charges, fees, expenses, costs of assessing damages or losses, judgments, awards, amounts paid in settlement, foreseeable and unforeseeable consequential damages, litigation costs, attorneys' fees, engineers' fees, of whatever kind or nature, and whether or not incurred in connection with any judicial or administrative proceedings. 5.2 Indemnity by Seller. Seller shall, and hereby does, indemnify, defend, and hold harmless Buyer and each of its members, employees, managers, agents, affiliates, attorneys, successors and assigns (each, a "Buyer Party") from and against all "Losses" (as defined below) -6- 11086-0001 \ 1455754v2. doc incurred, suffered by or claimed against any Buyer Party by reason of, arising out of, or related to any of the following occurrences, but excluding any such Losses arising out of or related to the negligence or willful misconduct of the negligence or willful misconduct of Buyer or any one or more of the Indemnified Parties): (i) Any commission or finder's fee payable to any broker based on communications between such broker and Seller; (ii) Any third party claims (excluding claims of Buyer or a Buyer Party and claims relating to hazardous substances or materials) related to Seller's ownership, possession, operation, management, maintenance, and repair of, and/or responsibility for the Property prior to the Close of Escrow; Upon written request by a Buyer Party, Seller shall defend the Buyer Party (and if requested, in the name of the Indemnified Party) to the extent required under this Section. Seller shall be solely responsible for selecting and engaging legal counsel, paying such counsel, controlling the defense and resolution of the claim or litigation and paying for all related expenses incurred by the Indemnifying Party in connection with such defense. If Seller fails to promptly and in good faith discharge its obligations hereunder, then the Buyer Party may assume control of the defense and resolution of the claim or litigation and the Seller shall pay upon demand all attorneys' fees and other expenses incurred by the Buyer Party in connection with the defense and resolution of such claim or litigation. All rights of any Buyer Party and all duties and obligations of Seller under this Article shall survive for a period of three (3) years following the Close of Escrow, recordation of the Grant Deed, and Seller's conveyance, and Buyer's acceptance, of record title to the Property. 5.3 Indemnity by Buyer. Buyer shall, and hereby does, indemnify, defend, and hold harmless Seller and each of its members officers, employees, managers, agents, affiliates, attorneys, successors and assigns (each, a "Seller Party") from and against all "Losses" (as defined below) incurred, suffered by or claimed against any Seller Party by reason of, arising out of, or related to any of the following occurrences, but excluding any such Losses arising out of or related to the negligence or willful misconduct of the negligence or willful misconduct of Buyer or any one or more of the Indemnified Parties): (i) Any commission or finder's fee payable to any broker based on communications between such broker and Buyer; (ii) Any third party claims (excluding claims of Buyer or a Buyer Party) related to Buyer's ownership, possession, operation, management, maintenance, and repair of, and/or responsibility for the Property after to the Close of Escrow; Upon written request by a Seller Party, Buyer shall defend the Seller Party (and if requested, in the name of the Indemnified Party) to the extent required under this Section. Buyer shall be solely responsible for selecting and engaging legal counsel, paying such counsel, controlling the defense and resolution of the claim or litigation and paying for all related expenses incurred by the indemnified party in connection with such defense. If Buyer fails to promptly and in good faith discharge its obligations hereunder, then the Seller Party may assume -7- 11086-000 111455754v2.doc control of the defense and resolution of the claim or litigation and the Buyer shall pay upon demand all attorneys' fees and other expenses incurred by the Seller Party in connection with the defense and resolution of such claim or litigation. All rights of any Seller Party and all duties and obligations of Buyer under this Section shall survive for a period of three (3) years following the Close of Escrow, recordation of the Grant Deed, and Seller's conveyance, and Buyer's acceptance, of record title to the Property. ARTICLE 6. DAMAGE & DESTRUCTION; CONDEMNATION. 6.1 Damage & Destruction Prior to Closing. The risk of physical loss to the Property shall be borne by Seller prior to the Close of Escrow and by Buyer thereafter. If the Property, or any portion thereof, is damaged or destroyed prior to the Close of Escrow from any cause whatsoever, whether an insured risk or not, Buyer shall have the right to terminate this Agreement and cancel Escrow and the Deposit shall be refunded to Buyer. If, however, Buyer does not terminate this Agreement in accordance with this provision, Buyer shall be entitled to, and Seller shall promptly assign to Buyer, any insurance proceeds covering such damage or destruction to which Seller is entitled, and the Close of Escrow shall take place as set forth herein with no reduction in the Purchase Price. 6.2 Condemnation Prior to Closing. If Seller receives written notice from any agency or authority having the power of eminent domain advising of an actual or intended condemnation of all or any portion of the Property ("Condemnation Notice"), Seller shall immediately advise Buyer of same in writing and deliver therewith a copy of the Condemnation Notice. Buyer shall have the right to terminate this Agreement and cancel Escrow and the Deposit shall be refunded to Buyer. If, however, Buyer does not terminate this Agreement in accordance with this provision, Seller shall assign to Buyer at the Close of Escrow all of Seller's right, title and interest in and to the proceeds of condemnation and the Close of Escrow shall take place as set forth herein with no reduction in the Purchase Price. ARTICLE 7. MISCELLANEOUS. 7.1 Notices. Notices shall be personally delivered or sent first class mail, registered or certified with return receipt requested, postage prepaid, or sent by reputable overnight delivery service, such as Federal Express, addressed as follows: Seller: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Attention: City Manager Buyer: Wild Rivers Temecula, LLC 150 Via Monte D'Oro Redondo Beach, CA 90277 Attn: Mike Riedel Notices which are personally delivered shall be deemed to be given upon delivery. Notices which are mailed shall be deemed to be given three (3) days (excluding Sundays) -8- 11086-0001 \ 1455754v2.doc following the day on which the notice is deposited in the U.S. mail. Notices delivered by overnight messenger shall be deemed delivered on the next business day following delivery to the messenger service as shown by reasonable evidence. 7.2 Brokers. Each party represents to the other that it (the representing party) is not represented by a broker, agent, finder or salesperson in connection with this transaction. 7.3 Governing Law. This Agreement shall be governed by California law. 7.4 Time of Essence. Time is of the essence of this Agreement. 7.5 Attorneys' Fees. In the event either Seller or Buyer shall commence legal proceedings for the purpose of enforcing any provision or condition hereof, or by reason of any breach arising under the provisions hereof, then the successful party in such proceeding shall be entitled to reasonable attorneys' fees to be determined by the court, including fees from any action or proceeding to enforce or collect a judgment hereunder. 7.6 Integration. This Agreement and escrow instructions entered into by the parties contains the entire agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements or understandings, oral or written, relating to the subject matter, which are not fully expressed herein. 7.7 Additional Documents. From time to time prior to and after the close of escrow, each party shall execute and deliver such instruments of transfer and other documents as may be reasonably requested by the other party to carry out the purpose and intent of this Agreement. 7.8 Assignment. Upon prior written notice to Seller, Buyer may assign its rights or obligations under this Agreement to an affiliate of Buyer provided Buyer delivers to Seller copies of: (i) the organizational documents of the assignee and (ii) a written assignment and assumption agreement executed by Buyer and the assignee. ARTICLE 8. CONDITION OF PROPERTY;"AS IS" SALE; RELEASE AND INDEMNIFICATION BY BUYER Buyer acknowledges that it is accepting the Property in its current "AS -IS" condition, without representation or warranty, express or implied, and that Buyer has thoroughly investigated all aspects of the Property, including, without limitation, zoning, entitlements (or lack thereof) and physical condition (including soils). Buyer shall defend, indemnify and hold Seller harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (collectively, "Claims") asserted against or incurred by Seller after the close of escrow that relate in any way to the Property (including, without limitation, the presence of hazardous materials or substances in, under or on the Property) except to the extent the Claims relate to a material fact about the Property that is known to Seller (and not known to Buyer) but which Seller has failed to disclose to Buyer. -9- 11086-0001 \ 1455754 v2.doc Buyer waives and releases as of the Close of Escrow any and all claims it may have against Seller relating to the physical condition of the Property (including, without limitation, the presence or release hazardous materials or substances), but not any claim based on failure by Seller to disclose to Buyer a material fact about the Property that is known to Seller and not known to Buyer, or any obligation of Seller under Section 5.1 above. To the extent of such waiver and release, Buyer expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Buyer's Initials IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first written above. BUYER: WILD RIVERS TEMECULA, LLC, a Califomia limited liability company By: Print Name: Title: SELLER: CITY OF TEMECULA By: Print Name: Title: Mayor. Citv of Temecula Attest: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 00 _10_ 11086-0001 \1455754v2.doc EXHIBIT "A" LEGAL DESCRIPTION OF LAND Real property in the City of Temecula. County or Riverside, State of California, described as follows: THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 4646, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN 1300K 6 PAGE 75 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 (SAID NORTHEASTERLY LINE ALSO BEING THE CENTERLINE OF A RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE), SOUTH 41°42'22" EAST 19.08 FEET TO THE BEGINNING OF A TANGENT 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6°36'30", A DISTANCE OF 461.35 FEET; THENCE TANGENT TO SAID CURVE SOUTH 48°18'52" EAST 482.01 FEET; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY SOUTH 43°58'46" WEST 1,387.89 FEET TO THE BEGINNING OF A TANGENT 850.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°52'42" A DISTANCE OF 383.91 FEET; THENCE NORTH 41°50'22" WEST 1,001.63 FEET; THENCE NORTH 48°09'30" EAST 1,680.60 FEET TO THE POINT OF BEGINNING. 11086-0001\1455754v2.doc EXHIBIT "B" LIST OF REPORTS DELIVERED TO BUYER 1. Engineering Geologic Investigation prepared by CHJ Incorporated on July 10, 2002 2. As -Graded Report of Rough Grading prepared by Leighton Consulting on August 23, 2006 3. Soils Report prepared by John R. Byerly on February 3, 2009 4. Supplemental Soils Report prepared by John R. Byerly on May 26, 2009 5. Soils Report prepared by Leighton Consulting on July 7, 2009 (Third Party Review) 6. Geotechnical Plan Review prepared by Leighton Consulting on October 6, 2009 7. Peer Review of Soils Reports prepared by Leighton Consulting on February 8, 2012 11086-0001 \1455754v2.doc EXHIBIT "C" FORM OF GRANT DEED (Attached.) 11086-0001 \ 1455754v2.doc RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: Wild Rivers Temecula, LLC 150 Via Monte D'Oro Redondo Beach, CA 90277 Attn: Mike Riedel APNs : 909-129-019-1 and 909-370-002-8 [SPACE ABOVE FOR RECORDER'S USE ONLY] Documentary transfer tax is $2,574.00, computed on the value of consideration of the interest conveyed. Property is in the City of Temecula, County of Riverside. This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383. GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA ("Grantor") hereby grants to WILD RIVERS TEMECULA, LLC, a California limited liability company ("Grantee") the land in the City of Temecula, County of Riverside, State of California, more particularly described on Exhibit "A" attached hereto and any improvements thereon. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below. Dated: , 2012 CITY OF TEMECULA By: Print Name: Title: Mayor, City of Temecula Attest: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 11086-000111455754v2.doc State of California County of Los Angeles On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 (Seal) 1 1086-000111455754v2.doc EXHIBIT "A" TO GRANT DEED Legal Description of the Property Real property in the City of Temecula, County of Riverside, State of California, described as follows: THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 4646, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6 PAGE 75 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 (SAID NORTHEASTERLY LINE ALSO BEING THE CENTERLINE OF A RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE), SOUTH 41°42'22" EAST 19.08 FEET TO THE BEGINNING OF A TANGENT 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6°36'30", A DISTANCE OF 461.35 FEET; THENCE TANGENT TO SAID CURVE SOUTH 48° 18'52" EAST 482.01 FEET; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY SOUTH 43°58'46" WEST 1,387.89 FEET TO THE BEGINNING OF A TANGENT 850.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°52'42" A DISTANCE OF 383.91 FEET; THENCE NORTH 41°50'22" WEST 1,001.63 FEET; THENCE NORTH 48°09'30" EAST 1,680.60 FEET TO THE POINT OF BEGINNING. 11086-0001 U 45 5754v2.doc EXHIBIT "D" DESCRIPTION OF PROJECT (Attached.) 11086-0001 \ 1455754 v2.doe a4a sac.rwr acmes :' n: ..., 1. w ARAMMEMMICELIO eco maga pm • •• .0... r 44167AdR(L1DIgr invorgyj yea.. wn. 111 6101 SMEAMILIE Zi Ler-.4LE w+. 4.0 Yrt.. iKM f/. .401i RAMP WOW...A MI 2.145 + affAa+ 4504, 4OIR Ref SU'S SGUYV Nei teaaneae AA= 40.000 MOW now.' 51. .0471TMe OW. fOLIYR effet 4.• 1 Yid Cr. ow kigiM • AY 4.0.071,WaSI.v.w.rxr r e•.a mu,on:..w ,.ar..mv Via .000 a3.11gal 91.7 lese GM qr ,(Tpt'4'.• .04:fi_tf COW.% vote W GVNLNMt COND/T/ONAL USE PERMIT --SITE PLAN SPLASH CANYON WATER PARK a3ir'/. AC- H rl. L.Y. IIIY sd, x r ZOOS I5G anoy�T� - '' � __ v � -------- i3H_itt7JP 'CIL f1)Of. _ 0:401651100n050 0 a„ • 0 a•...•�{oo�Io Ana" (aY� 0 roamer memo., or. taww.r tt, ,pry a.... "won - a „o..o..o .,. 9 Jar a.e...o.•w a — — __ 'SAP' 0 AAVSAA9040f�—•, ""^� �, DQVDYPARKWAY AMR LAP PAR 10/5210 - _ AIWRI�POM uio(0. 1. 061.0, CA IPSO 100M1 041. por N a RECEIVED ri ry �n a.. • u.. 17-4 eIVvIIMMIEA SPLASH CANYON RARER PARK PAOg0041 CCNOWOOK SUE PLAN EXHIBIT "E" FORM OF ASSIGNMENT AND ASSUMPTION OF INTANGIBLE PROPERTY (Attached.) 11086-0001\1455754v2.doc ASSIGNMENT AND ASSUMPTION OF INTANGIBLE PERSONAL PROPERTY THIS ASSIGNMENT AND ASSUMPTION OF INTANGIBLE PERSONAL PROPERTY ("Assignment") is made as of , 2012, by THE CITY OF TEMECULA, a municipal corporation ("Assignor"), and WILD RIVERS TEMECULA, LLC, a California limited liability company ("Assignee"). WITNESSETH: WHEREAS, that certain Purchase and Sale Agreement and Escrow Instructions dated as of May , 2012 ("Agreement") was entered into between Assignor, as seller, and Assignee pertaining to the purchase and sale of that certain real property legally described on Exhibit "A" attached hereto and made a part hereof (the "Real Property"); and WHEREAS, as a condition to the closing of the transaction contemplated under the Agreement (the "Closing"), Assignor and Assignee are required to execute and deliver this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Assignment. Assignor does hereby assign, transfer, set over and convey unto Assignee, without representation or warranty, express or implied, and only to the extent legally assignable, all of Seller's interest (if any) in any intangible property benefiting or used or useful in connection with the Real Property, including, without limitation, all trademarks, trade names, goodwill, contract rights, warranties, guaranties, licenses, permits, maps, plans, reports, surveys, entitlements, and governmental approvals which benefit the Real Property (collectively, "Intangible Personal Property"), to have and to hold the same unto Assignee, its successors and assigns, from and after the date of Closing. Assignee acknowledges that Assignor has not obtained any consents from third parties that may be necessary for the effectiveness of such assignment and transfer. 2. Acceptance of Assignment. Assignee hereby accepts the assignment of the Intangible Personal Property subject to the terms and conditions hereof. 3. Successors. The terms, covenants, conditions and warranties herein contained and the powers hereby granted shall inure to the benefit of, and bind, all parties hereto and their respective successors and assigns. 4. Severability. If any provision of this Assignment or the application thereof to any entity, person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Assignment and the application of its provisions to other entities, persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 5. Third Party Beneficiaries. It is expressly agreed by Assignor and Assignee that this Assignment shall not be construed or deemed made for the benefit of any third party or parties, except for any successors or assigns of Assignor or Assignee pursuant to paragraph 3 above. 11086-0001 \1455754v2.doc 6. Entire Agreement. This Assignment and the Agreement contain the entire agreement concerning the assignment of the Intangible Personal Property between the parties hereto. No variations, modifications or changes herein or hereof shall be binding upon any party hereto, unless set forth in a document duly executed by, or on behalf of, such party. 7. Construction. Whenever used herein and the context requires it, the singular number shall include the plural, the plural the singular, and any gender shall include all genders. 8. Governing Law. The parties agree that the law of the State of California shall govern the performance and enforcement of this Assignment. 9. Conflict. This Assignment has been delivered by Assignor to Assignee pursuant to the terms of the Agreement and nothing herein contained is intended to modify the terms of the Agreement. In the event of a conflict between the terms of this Assignment and the terms of the Agreement, the terms of the Agreement shall control. 10. Counterparts. This Assignment may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the day and year first above written. ASSIGNOR: ASSIGNEE: CITY OF TEMECULA, a municipal corporation WILD RIVERS TEMECULA, LLC, a California limited liability company By: By: Name: Name: Title: Title: Attest: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 11086-0001 \ 1455754v2.doc EXHIBIT "F" DESCRIPTION OF "ADJACENT PROPERTY" 11086-0001 U 455754v2.doc MAMA a PARCELS 3 MAW a LETTERED LOTS: 3 GROSS AREA: 00.02 ACRES AEI AREA: 30.20 ACRES LEGNEIIM "N0GATES AM EASEMENT FCR 9900 . AID 9'93093930 01940 PROTECTIONS 11079311 AND NCD0NTAL MOM a PER 50CUM NT RE �1OM FD 0.R 13. 1R AIRODEan 04 MOON 430. PAGE 100 a 0090AL RECODS MOCATES AV 09 EASEMENT FOR 90 ORM AND ®NOD[NTAL 61/90SES N rAYat a SD000N CALIFORNIA EOKON PER [COMM RECORDED JANUARY 9. 1973 AS wsoluMENT M0. 3410 a OmCW mann. A NDMAIES MID EAA6ENT FOR *MIX WIL11E5. CRANAGE, CON0IR0CRO AID 0694196 930 Or SLOPES FAANER OF NACOR REROADS ALM KC PER 20QN(NT 0(CORK0 NAY 31. 1973 AS MTRUNENT N0 70098 or ORRON RECORDS 001 EASEMENT 709 ROM ARD Moults AMD 0 940003AL %IMPOSES 64 FA4CR of PINCON BU9NE3S CENTER/9AN00 CAUFCRMA A CALFORI1IA JOINT 4ENT0RE Ppe 0000.E107 RECORDED OCTOBER 4. 30023A a a710AL RECORDS NSiRU11f71T M0. INOCAIES AN EAS*RN7 KR PPE ONES AND APPUR7ANCE5 AND N00ENT6L NNPOSES N MOT CI CAS7WN 10WC1P*L NATER 05104*1 PEA 000MENT RECORDED N04T)ARR 14, 1000 M IN59IMERT 1071 41562* 0 0710K MOMS © MILD COCALETES CN EASEMENT FOR IA TACURES WODENTAL ORAPDSCS N IANq a EASTERN 4UWUP4L WATER 00510*7. A 60000061. 0.101 0151RICT 001 2033 AS Pallo14*6MOMENT a 30 a ERMA RECORDS ©NIOMIES A 40 WOE EASEMENT TOR MASSAGE 9CRPOSFS DEOCA1EO HEREON TO TRE 017 MAMMA. ©ROOMS A 25' WOE EASDMERT FCR ORANAGS RFPOSES DEDICATED NOEOM TO 1RE CRY OF TE4EOLIA �R0C*TES A OECLARA1105 a 0EOCARCI FCR P1.9LIC 01(119 AND PUBLIC SCRAMS PCR 50CLIMENT WOWED NOK0BER 10. 4972 A5 04511RINE71 N0. 152105 QR. we ARMCO 9r DIE CDUN79 a 10101190E PER DOCUMENT RECCRDED SWTESD 01 2, 1982 AS N519001E1T NQ 153178 OR T1220ION PIPE TA0R01"KS 2020 4 x-. an.0714 MOR R4 0.9s a Kamm 20203' FW94 001 M FOPQ 1' PPI 160100 'RCE 20262 TLD94 FOE 54 GRAPHIC SCALE INTHE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP 36175 BEING A SUBDIVISION Cr A PORTION OF PARCEL 1 OF AS SHOWN ON PARCEL MAP 4646, FILED IN BOOK 6. PAGE 75 OF PARCEL MAPS. IN THE COUNTY RECORDERS OFFICE OF SAID COUNTY GUYETT GEOMATICS, INC. MICHAEL NAVARRO, P.L.S. 7848 JANUARY 2009 0480'l0E C1191:" *:T AN609 PLASM MAX • 72939' R 1P 03'. NO Kr. ACCEPTED A5 MLP COPPER R4 BETA R1: RECORD DATA PER PARCEL MAP 4640. P.09 1/73 02 REWORD DATA PER PARCEL NAP 21657-4. P99. 193/93-07 P3 RECORD DATA PER PARCEL 104P 2006E-3. P.M0. 100/03-97 RR RECORD DATA PER TRACT N0. 31161. 41.0. 630/66-72 9M 5EA00113) FOUND 0094110 MAR MEASLNED AND RECORD OAT* PARCEL 1 CRANE TARE 1545 9EE7 Pt') (*4 DELIA RMV) 1.019114 Cl (21{749' 6.5000 43.07 04) 0x 03 (4•$ 34' 7"11*23' 57000 200000 2273 0)) 0031 R22 *4SAT >r 73000 093.2 RI) C3 x77Yw' 52772'30' *33000 *0000 1070 40044.024 C6 25151'05' 51000 26590' CT 12190' J129D• 05000 930.9'0 26434' 25640 04 CA (43]09' 420)00 4710 04" M C5 433519' 429010 10704? C10 (4'275*' 429999 33113' Au (W /1 .9 . oo'RT)rt LUT C STREET 304050' (300.)4* R4) LOT A SHEET 2 OF 3 SHEETS KQ17D 2 WON f ( M nor MAN%PER 04: tES 0A$S a 0*0.714 4 1RL CEN1ERLOE Of 0001 PARTWAY, 5210011 AS 0413112251 PER TRACT ND 2049. me 420/00-72. • *MAIM FOUR 4490.9 EM F5 NOTED O NOCAIES SET 1' IRC0 PIPC Waw TM \S 7930. SE1 RUSS MEW 090009E ROM O 940(61 S MT SPINE it 039(0. 1.5 7939' \\\ *OCATI3 NDN 91714 0.09 ACCESS PNS 2 8"Q 2 Ify 9 C -MAA. iMCD'-RCi7M. RO94 RNR R6 - w4r5R35Y1b760 =� -------- ---'\ -----_- 10@101 PARKWAY - 9091 60 orCLACR� KA As LNC 1190E (.4S 90(71 04.11) LNE 9E4N.4o u 143101'0 12 '4394'. 1) L4 .4416'33'0 15 putt§ lei 474'1:9C77 72.97 EAR F2 la 70340 &53 110' ]3.973 4310ar 1929' mos' 404 N PM. MR? f me aION 0 VO DW L N TRU a2' I.P. TAGGED 'PCE 2606' PER 03. AC07400 AS 0[91(91930 NIERSEGDON 1.61(?(17~765' R1) REQUESTS TO SPEAK REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. c Please go to the public podium and state your name for the record. J Date �� (t Z I wish to speak on Agenda Item No. Subject ❑ For ❑ Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: 1/ r e Kel(et(Phone: Address: City/State/Zip (i -e(-14 , `i If you are representing an organization or group, please give the name: Date l Subject /' lnl4 LI For ❑ Against TPublic Comment s (se REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. I wish to speak on Agenda Item No. eLj C„C-,2 AZ) Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: Address: Phone: City/State/Zip If you are representing an organization or group, please give the ame: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. PIe : se go to the public podium and state your name for the record. Date ,5"/U Subject ❑ For Against Public Comment 41E, 2(' I wish to speak on Agenda Item No. Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: Address: Phone: ( City/State/Zip If you are representing an organization or group, please give the name: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date I wish to speak on Agenda Item No. Subject .7,1e`l—' c T1 Against EPublic Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: /'"� • 'g --r 12_, Phone: Address: City/State/Zip `7.1�, ,GGU leg If you are representing an organization or group, please give the name: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date S /8 AO/ 7 -- Subject I wish to speak on Agenda Item No. For Against kPublic Comment Please note that all information presented at a City Council meeting be roes public record. %� J All information provided is optional. Name: G.rK U�I4.�'l0/i,� ¢ �0 Prvc)(10male— P ne: City/State/Zip P4,,,‘ C f F 2_4-57 If you are representing an organization or group, please give the name: C-)0) L V et((C IN tlSrC oCIC� v l y Date REQUEST TO SPEAK F -12 - CITY OF TEMECULA F / n G1 C C n') 1'111 T_ After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. /?)/\-?-. Subject LOCA1, vZNpot_S I wish to speak on Agenda Item No. rx For Against Public Comment Please note that all information presented at a City Council meeting beconzes public record. All information provided is optional. Name: Ait..tc S 01-- c7 Phone: ' Address: State/Zip 14h4-C,Jl.r3 Ceor If you are representing an organization or group, please give the name: