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092512 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 11] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET SEPTEMBER 25, 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 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 City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. 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. 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 27495 Enterprise Circle West, Temecula, California and identified as Assessor's Parcel Number 921-480-013 in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. The negotiating parties are the City of Temecula and Christine and Michael Smith dba Temecula Marine. The City's negotiators 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 real property negotiations for completion of the acquisition of the real property commonly known as 27498 Enterprise Circle West, Temecula, California and identified as Assessor's Parcel Number 921-480-020 in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. The negotiating parties are the City of Temecula and Ruben Valloza dba Audio Evolution. The City's negotiators are Greg Butler and Amer Attar. Under negotiation are the price and terms. 4) 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: 12-07 Resolution: 12-68 CALL TO ORDER: Mayor Chuck Washington Prelude Music: Leilani Kilgore Invocation: Pastor Luke Kirkendall of Southwest Christian Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Presentation by Darlene Wetton, CEO of Universal Healthcare Systems Because Nice Matters Proclamation Certificate of Achievement to John Buckley for attaining the rank of Eagle Scout 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 prior to the City Council addressing Public Comments and the Consent Calendar. 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 September 11, 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 Meeting Schedule for City Council Meetings for the month of December 2012 RECOMMENDATION: 4.1 Direct the City Clerk to cancel the December 25, 2012 City Council Meeting and perform the appropriate postings and noticing requirements of the Government Code. 5 Review of City Conflict of Interest Code RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE 6 Sponsorship Agreement for the Komen Inland Empire Race for the Cure RECOMMENDATION: 6.1 Approve the Sponsorship Agreement for the Komen Inland Empire Race for the Cure in the amount of $13,771 for in-kind city support services, $10,865 for in- kind promotional services, and $22,500 in cash for the October 21, 2012 race. 3 7 Agreement for Consultant Services for the Citywide Pavement Rehabilitation Program for Fiscal Year 2012-13, PW12-12 RECOMMENDATION: 7.1 Approve the Agreement for Consultant Services with Hall & Foreman, Inc. in an amount riot to exceed $220,570 for the development of rehabilitation strategies and the preparation of the Plans, Specifications, and Estimate for the Citywide Pavement Rehabilitation Program for Fiscal Year 2012-13, PW12-12; 7.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $22,057, which is equal to 10% of the agreement amount. 8 Purchase and Sale Agreements with the City of Murrieta for French Valley Parkway Interchange — PW02-11 and PW07-04 RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING FIVE CERTAIN AGREEMENTS ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND THE CITY OF MURRIETA IN CONNECTION WITH THE FRENCH VALLEY PARKWAY/INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS — PROJECT NUMBERS PW02-11 AND PW07-04 8.2 Authorize the City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, the approval and execution of all documents referenced in the Purchase and Sale Agreements and all escrow instructions; 8.3 Authorize the Chief Financial Officer to issue a warrant for the sum of $1,082,452 plus escrow fees for deposit with the Escrow Holder, Chicago Title, to complete the transaction. Escrow fees are estimated riot to exceed $15,000. ******************** 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 ******************** 4 Next in Order: Ordinance: No. CSD 12-01 Resolution: No. CSD 12-07 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero TEMECULA COMMUNITY SERVICES DISTRICT MEETING 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 prior to the Board of Directors addressing Public Comments and the Consent Calendar. 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. 9 Action Minutes RECOMMENDATION: 9.1 Approve the action minutes of September 11, 2012. 10 First Amendment to the Agreement with Melody's Ad Works, Inc. for Fiscal Year 2012-13 RECOMMENDATION: 10.1 Approve the First Amendment to the Agreement with Melody's Ad Works, Inc. for an additional $5,000 for material reimbursement for special events in Old Town Temecula for Fiscal Year 2012-13. 11 Harveston Lake Paddleboat Concession Amendment RECOMMENDATION: 11.1 Approve the First Amendment to the Harveston Lake Paddleboat Concession Agreement. 5 CSD BUSINESS 12 Bike Lane Improvements Update (at the request of Mayor Washington and Mayor Pro Tem Naggar) RECOMMENDATION: 12.1 Receive and file. CSD DEPARTMENTAL REPORT 13 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, October 9, 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. 6 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 7 RECONVENE TEMECULA CITY COUNCIL DEPARTMENTAL REPORTS 14 Planning Department Monthly Report 15 Economic Development Monthly Report 16 Police Department Monthly Report 17 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, October 9, 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. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for public 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 agenda packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. 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 viewing 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.orq — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 8 PRESENTATIONS The City of Temecula PROCLAMA TION WHEREAS, "Because Nice Matters," is an important issue that needs to be addressed by not only the youth in our community, but the citizenry at large. Everyone should make an effort to be nice to one another and acknowledge that bullying is wrong and can only be effectively addressed collectively; and WHEREAS, standing by watching another individual being victimized, without seeking help for that person, or reporting it, is wrong! No child should have to go to school in fear, worrying about repeated potential confrontation; and WHEREAS, even with the best teachers and best curriculum possible, learning cannot effectively go on if students are afraid or their mind is preoccupied with worries of intimidation and bullying; and WHEREAS, the signature colors of the program, started at Great Oak High School last year, and scheduled to be implemented district -wide this year, are black and purple. These colors symbolize the colors of internal bruising that occurs when someone is humiliated, scared, or belittled; and WHEREAS, on Thursday, September 27, 2012, everyone is asked to wear black and purple to show their support that being nice matters and to take a stand against bullying. On Friday, everyone is asked to wear white to symbolize a new beginning, or fresh start in treating people with respect and kindness. NOW, THEREFORE, I, Chuck Washington, on behalf of the City Council of the City of Temecula, hereby proclaim the week of September 23rd through September 29th' 2012 to be "Because Nice Matters in Temecula" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this twenty-fifth day of September, 2012. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk of Troop #148 We congratulate John for his achievement on receiving the rank of Eagle Scout. We are proud to present John with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-fifth day of September, 2012. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk i, li CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET SEPTEMBER 11, 2012 — 7:00 PM CALL TO ORDER: Mayor Chuck Washington Prelude Music: Earlene Bundy Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Constitution Week Proclamation PUBLIC COMMENTS The following individual addressed the City Council: • Mark Margolin CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Roberts made the motion; it was seconded by Council Member Naggar; and electronic vote showed unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 1 2 Action Minutes — Approved Staff Recommendation (5-0-0) Council Member Roberts made the motion; it was seconded by Council Member Naggar; and electronic vote showed unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of August 28, 2012. 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Roberts made the motion; it was seconded by Council Member Naggar; and electronic vote showed unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12-65 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 July 31, 2012 — Approved Staff Recommendation (5-0-0) Council Member Roberts made the motion; it was seconded by Council Member Naggar; and electronic vote showed unanimous approval. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of July 31, 2012. 5 Parcel Map 36008 (located at the northwest corner of 2nd Street and Mercedes Street) — Approved Staff Recommendation (5-0-0) Council Member Roberts made the motion; it was seconded by Council Member Naggar; and electronic vote showed unanimous approval. RECOMMENDATION: 5.1 Approve Parcel Map 36008 in conformance with the Conditions of Approval; 5.2 Approve the Subdivision Improvement Agreement and accept the Cash Deposit Agreement for Street Improvements as security for this agreement. 2 6 Temporary Street Closures for 2012 Autumn Fest Events — Approved Staff Recommendation (5-0-0) Council Member Roberts made the motion; it was seconded by Council Member Naggar; and electronic vote showed unanimous approval. RECOMMENDATION: 6.1 Receive and file the following proposed action by the City Manager - Temporarily close certain streets for the following 2012 Autumn Fest Events: `TEMECULA HEALTH & WELLNESS FAIR' `TEMECULA GREEK FESTIVAL' `HAWAIIAN FESTIVAL' RACE FOR THE CURE' The following individual addressed the City Council with regard to this item: ■ Cindy Golden 7 Transportation Uniform Mitigation Fee (TUMF) Amendment and Agreement for the French Valley Parkway/I-15 Overcrossing and Interchange Project — Approved Staff Recommendation (5-0-0) Council Member Roberts made the motion; it was seconded by Council Member Naggar; and electronic vote showed unanimous approval. RECOMMENDATION: 7.1 Approve, in substantially the form attached, Amendment 1 to the TUMF Reimbursement Agreement, in the amount of $975,752, between the Western Riverside Council of Governments (WRCOG) and the City of Temecula for the French Valley Parkway/I-15 Overcrossing and Interchange — Preliminary Engineering and Environmental Document (PA & ED) Phase (Agreement No. 06 -SW -TEM -1079) ; 7.2 Approve, in substantially the form attached, the TUMF Reimbursement Agreement, in the amount of $1,674,248, between the Western Riverside County Council of Governments (WRCOG) and the City of Temecula for the French Valley Parkway/I-15 Overcrossing and Interchange — Right -of -Way (ROW) Phase (Agreement No. 06 -SW -TEM -1079); 7.3 Authorize the City Manager to execute the Agreements. 8 Plans and Specifications and Authorization to Solicit Construction Bids for Main Street Bridge Replacement Over Murrieta Creek, PW03-05 — Approved Staff Recommendation (5-0-0) Council Member Roberts made the motion; it was seconded by Council Member Naggar; and electronic vote showed unanimous approval. 3 RECOMMENDATION: 8.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Main Street Bridge Replacement Over Murrieta Creek. Public Works Director/City Engineer, Greg Butler, presented the staff report as per agenda material. 9 Acceptance of Improvements and Notice of Completion for the Library Parking Expansion, PW08-07 — Approved Staff Recommendation (5-0-0) Council Member Roberts made the motion; it was seconded by Council Member Naggar; and electronic vote showed unanimous approval. RECOMMENDATION: 9.1 Accept the construction of the Library Parking Expansion, PW08-07, as complete; 9.2 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; 9.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 10 Flooring Contract for the Business Incubator and Resource Center, PW12-09 — Approved Staff Recommendation (5-0-0) Council Member Roberts made the motion; it was seconded by Council Member Naggar; and electronic vote showed unanimous approval. RECOMMENDATION: 10.1 Award a minor construction contract for the flooring work associated with the Business Incubator and Resource Center, PW12-09 to West Coast Flooring Center, Inc. in the amount of $32,100; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,210, which is equal to 10% of the total contract amount; 10.3 Make a finding that the Business Incubator and Resource Center is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. The following individual addressed the City Council with regard to this item: ■ Paul Jacobs 4 11 French Valley Parkway Interchange — Funding of City's Obligations under Federal and State Law to Monitor Construction Activities in Order to Protect Cultural Resources — Approved Staff Recommendation (5-0-0) Council Member Roberts made the motion; it was seconded by Council Member Naggar; and electronic vote showed unanimous approval. RECOMMENDATION: Authorize the expenditure of up to $100,000 to compensate the Pechanga Band of Luiseno Indians for construction monitoring activities performed in accordance with the French Valley Parkway Interchange Project's environmental documents and State and Federal law. 12 Support for HR 5823 (Rep. Gary Miller, R -Diamond Bar) Saving Taxpayers from Unnecessary Real Estate Owned Bulk Sale Programs (at the request of Mayor Pro Tem Naggar) — Approved Staff Recommendation (5-0-0) Council Member Roberts made the motion; it was seconded by Council Member Naggar; and electronic vote showed unanimous approval. RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 12-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING HOUSE OF REPRESENTATIVES BILL HR 5823 (REP. GARY MILLER, R -DIAMOND BAR) SAVING TAXPAYERS FROM UNNECESSARY REAL ESTATE OWNED BULK SALE PROGRAMS The following individuals addressed the City Council with regard to this item: • Walter Wilson • Mike Masan 13 Support for AB 1098 (Carter, D -Rialto) Vehicle License Fees Allocation (at the request of Mayor Washington) — Approved Staff Recommendation (5-0-0) Council Member Roberts made the motion; it was seconded by Council Member Naggar; and electronic vote showed unanimous approval. RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 12-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING ASSEMBLY BILL AB 1098 (CARTER, D -RIALTO) VEHICLE LICENSE FEES ALLOCATION 5 RECONVENE TEMECULA CITY COUNCIL At 7:49 P.M., the City Council convened as the Temecula Community Services District. At 7:55 P.M., the City Council resumed with regular business. CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there were no reportable actions. Directly following the Regular City Council Meeting, the City Council will convene in Closed Session in the Heritage Conference Room on the first floor of the Temecula City Hall concerning the following matter: Conference with Legal Counsel—Existing Litigation. The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Liberty Quarry project to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. aL, Granite Construction Co. et. al., real party in interest" Riverside County Superior Court No. RIC 1211312. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. ADJOURNMENT At 7:55 P.M., the City Council meeting was formally adjourned in honor of all those who have fought and made sacrifices on September 09/11/01, to Tuesday, September 25, 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 Chief Financial Officer City Manager 07 -e -r - Ad r, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Chief Financial Officer DATE: September 25, 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 $3,886,409.61. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of September, 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 25th day of September, 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 08/30/2012 TOTAL CHECK RUN $ 2,628,915.27 09/06/2012 TOTAL CHECK RUN 837,265.98 08/30/2012 TOTAL PAYROLL RUN: 420,228.36 TOTAL LIST OF DEMANDS FOR 09/25/2012 COUNCIL MEETING: $ 3,886,409.61 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 1,889,094.47 140 COMMUNITY DEV BLOCK GRANT 1,221.91 150 AB 2766 FUND 10,000.00 165 SARDA AFFORDABLE HOUSING 19,716.25 190 TEMECULA COMMUNITY SERVICES DISTRICT 139,002.15 192 TCSD SERVICE LEVEL B 125.53 194 TCSD SERVICE LEVEL D 6,925.41 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,031.05 197 TEMECULA LIBRARY FUND 16,148.72 210 CAPITAL IMPROVEMENT PROJECTS FUND 636,977.97 300 INSURANCE FUND 11,994.57 320 INFORMATION TECHNOLOGY 30,939.47 330 SUPPORT SERVICES 6,113.66 340 FACILITIES 48,486.92 375 SUMMER YOUTH EMPLOYMENT PROGRAM 210.65 395 2011 FINANCING LEASE 2001 & 2008 COPS 533,806.25 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 20,040.07 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 16,942.68 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 17,524.75 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 26,744.77 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 15,665.60 477 CFD- RORIPAUGH 24.50 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 96.05 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 101.11 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 623.81 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 29.57 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 173.04 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 37.20 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 66.38 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 4,528.77 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 23.75 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 28.26 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 26.52 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 2,912.18 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 184.83 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 78.61 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 31.69 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 976.89 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 24.58 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 234.96 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 100.34 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 5,493.17 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 418.28 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 29.13 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 28.55 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 556.87 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 44.95 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 103.76 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 31.23 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 390.64 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 68.78 $ 3,466,181.25 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 265,842.76 140 COMMUNITY DEV BLOCK GRANT 1,632.44 165 SARDA AFFORDABLE HOUSING 6,787.67 190 TEMECULA COMMUNITY SERVICES DISTRICT 100,855.45 192 TCSD SERVICE LEVEL B 198.52 194 TCSD SERVICE LEVEL D 2,554.00 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 458.45 197 TEMECULA LIBRARY FUND 853.92 300 INSURANCE FUND 1,346.38 320 INFORMATION TECHNOLOGY 22,869.58 330 SUPPORT SERVICES 3,450.92 340 FACILITIES 9,759.15 375 SUMMER YOUTH EMPLOYMENT PROGRAM 1,398.91 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 81.57 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 54.71 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 65.00 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 11.90 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 131.80 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 23.86 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 33.88 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 223.64 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.24 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.08 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.90 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 149.32 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 31.87 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 18.39 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.10 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 37.17 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.28 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 138.29 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 74.07 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 200.58 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 339.22 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.14 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 8.89 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 190.92 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 61.51 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.83 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 8.89 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 281.40 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.76 420,228.36 TOTAL BY FUND: $ 3,886,409.61 apChkLst Final Check List Page: 1 08/30/2012 4:23:27PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1994 08/30/2012 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 145,273.09 145,273.09 RETIREMENT) 1995 08/30/2012 000283 INSTATAX (IRS) Federal Income Taxes Payment 79,421.26 79,421.26 1996 08/30/2012 000444 INSTATAX (EDD) State Disability Ins Payment 22,764.44 22,764.44 1997 08/30/2012 010349 CALIF DEPT OF CHILD Support Payment 1,176.34 1,176.34 SUPPORT 1998 08/30/2012 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 3,614.62 3,614.62 SOLUTION 1999 08/30/2012 014685 COMPASS BANK '11 refunding 01/08 cert part debt svc 533,806.25 533,806.25 153918 08/30/2012 007186 AB MAILING SOLUTIONS postage expense: Theater 61.18 61.18 153919 08/30/2012 013367 ACTIVE MICRO INC misc tools/equip: pw traffic 902.95 902.95 153920 08/30/2012 009374 ALLEGRO MUSICAL VENTURES piano tuning/maint: theater 170.00 piano maint/repair: theater 260.00 430.00 153921 08/30/2012 014531 ALLEN EMBROIDERY SERVICE shirts: Fit prgrm 5K/10K run 1,111.56 1,111.56 153922 08/30/2012 006915 ALLIES PARTY EQUIPMENT equip rental: hot summer nights 514.65 equip rental: hot summer nights 377.90 892.55 153923 08/30/2012 005037 AMERICAN ASPHALT SOUTH Jul const: Slurry Seal 157,258.52 157,258.52 INC 153924 08/30/2012 004422 AMERICAN BATTERY vehicle batteries: Stn 84 63.17 63.17 CORPORATION 153925 08/30/2012 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 635.70 (AFN) DUI & drug screenings: Police DUI & drug screenings: Police DUI & drug screenings: Police DUI & drug screenings: Police DUI & drug screenings: Police DUI & drug screenings: Police 153926 08/30/2012 000936 AMERICAN RED CROSS staff training: aquatics pgrm 296.66 762.84 381.42 635.70 593.32 1,248.00 4,553.64 563.00 563.00 Pagel apChkLst Final Check List Page: 2 08/30/2012 4:23:27PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 153927 08/30/2012 001323 ARROWHEAD WATER INC 153928 08/30/2012 014377 ATYIM, TAMMY, A. Description Amount Paid Check Total Bottled wtr svcs: PBSP 35.62 Bottled wtr svcs: skate park TCSD Instructor Eamings TCSD Instructor Eamings 645 42.07 844.55 319.20 1,163.75 153929 08/30/2012 011666 B P S TACTICAL INC tactical vests: police SET team 614.18 614.18 153930 08/30/2012 013482 BAS SECURITY security svcs: harveston lake 748.00 748.00 153931 08/30/2012 004262 BIO-TOX LABORATORIES DUI & drug screenings: Police 378.00 378.00 153932 08/30/2012 004248 CALIF DEPT OF DUI & drug screenings: Police 1,925.00 1,925.00 JUSTICE-ACCTING 153933 08/30/2012 004971 CANON FINANCIAL SERVICES, AUG COPIER LEASE: CIVIC CENTER 3,004.54 3,004.54 INC 153934 08/30/2012 000131 CARL WARREN & COMPANY Jul liability claims mgmt: sb&o 1,396.02 1,396.02 INC 153935 08/30/2012 002415 CASTLE AMUSEMENT PARK excursion: day camp 8/2 1,873.86 1,873.86 153936 08/30/2012 009640 CERTIFION CORPORATION Jul database subscr: police 150.00 150.00 153937 08/30/2012 014726 CHAPTER 13 STANDING SUPPORT PMT 182.77 182.77 TRUSTEE 153938 08/30/2012 005708 CLEAR CHANNEL advertising: hot summer nights 1,040.00 1,040.00 BROADCASTING INC 153939 08/30/2012 013716 COAST TO COAST LASER memorial plaque: K Hintergardt 188.56 188.56 153940 08/30/2012 004405 COMMUNITY HEALTH Community Health Charities Payment 27.00 27.00 CHARITIES 153941 08/30/2012 000442 COMPUTER ALERT SYSTEMS fire alarm repair svc: pbsp snack bar 75.00 75.00 153942 08/30/2012 014501 COUNTYWIDE MECHANICAL A/C repair: Civic Center 1,339.67 1,339.67 SYSTEMS 153943 08/30/2012 008810 CROSSTOWN ELECTRICAL & equip repair/maint: PW Traffic 1,120.00 1,120.00 DATA Page2 apChkLst Final Check List Page: 3 08/30/2012 4:23:27PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 153944 08/30/2012 007057 DERN BACH, ESTHER MARIE 153945 08/30/2012 003945 DIAMOND ENVIRONMENTAL SRVCS 153946 08/30/2012 004192 DOWNS COMMERCIAL FUELING INC Description Amount Paid Check Total TCSD instructor earnings generator rentals: 4th of July Fuel for City vehicles: PW/TCSD Fuel for City vehicles: TCSD Fuel for City vehicles: B&S Fuel for City vehicles: Code Enf Fuel for City vehicles: Police Fuel for City vehicles: PW Id/npdes Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW Maint Fuel for City vehicles: PW Id/npdes/cip 153947 08/30/2012 007319 EAGLE ROAD SERVICE &TIRE vehicle maint: pw street INC 1,529.50 1,529.50 1,264.50 1,264.50 2,723.44 53.12 244.02 537.66 59.86 228.78 773.73 2,236.37 604.92 7,461.90 99.56 99.56 153948 08/30/2012 004829 ELLISON WILSON ADVOCACY Aug legislative cnslt svcs: CM 3,500.00 LLC Jul legislative cnslt svcs: CM 3,500.00 7,000.00 153949 08/30/2012 005115 ENTERPRISE RENTA CAR INC transportation: teen day camp 8/7 121.76 transportation: teen day camp 7/31 121.76 243.52 153950 08/30/2012 000164 ESGIL CORPORATION Jul plan check svcs: B&S 2,753.32 2,753.32 153951 08/30/2012 001056 EXCEL LANDSCAPE irrigation repair: harveston slope landscape maint svcs: Harveston replace backflow device:presley slope irrigation repair: rancho highlands irrigation repair: villages slope 266.68 165.04 1,498.45 389.81 311.60 2,631.58 Pages apChkLst Final Check List Page: 4 08/30/2012 4:23:27PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 153952 08/30/2012 003347 FIRST BANKCARD CENTER 013301 RED GINGER CHINA BISTRO SJ meal:closed council mtg 7/10 178.01 012915 LUCILLE'S BBQ SJ meal:closed council mtg 7/24 291.38 014583 PALUMBO'S RISTORANTE, LLC RJ staff city attorney lunch 7/10 79.52 000137 CHEVRON AND TEXACO RJ fuel: city vehicle 83.00 014583 PALUMBO'S RISTORANTE, LLC RJ meal:SW T -Now mtg 7/25 101.93 011121 FORM BASED CODES PR webinar:Design FB Codes Fisk, S 50.00 INSTITUTE 011121 FORM BASED CODES PR webinar:ED FB Coding Fisk, S 50.00 INSTITUTE 011121 FORM BASED CODES PR webinar:Tms Sbrbs FB Codes Fisk, S 50.00 INSTITUTE 000747 AMERICAN PLANNING PR APA publications: Planning 28.00 ASSOCIATION 000747 AMERICAN PLANNING PR retumed APA publications: Planning -28.00 ASSOCIATION 000747 AMERICAN PLANNING PR APA publications: Planning 18.00 ASSOCIATION 007282 AMAZON.COM, INC MH (2) iPad cases: Library 116.96 010865 CONSTANT CONTACT INC MH domain name temeculagov 200.00 008567 GODADDY.COM INC. MH (2) domain names 5 yrs 115.63 007282 AMAZON.COM, INC MH refund returned product iPad grips -74.96 008567 GODADDY.COM INC. MH domain name museum 5 yr 60.36 013851 STORM SOURCE, LLC MH appointments plus: info tech 20.00 013338 APPLE STORE MH iPad presentation hardware: info tech 106.67 013338 APPLE STORE MH iPhone/repair: Jones, Susan 259.55 013338 APPLE STORE MH iPhone case: Roberts, Ron 37.66 006952 PAYPAL AA Verisign Payflow Pro Transaction 363.20 AA Jun bank transaction fees 39.00 015212 1 PARTY SUPPLIES AA misc recreation supplies: tcsd 169.16 153953 08/30/2012 015207 FIRST CHOICE refund:insp fees:fire permit F12-0399 277.00 2,315.07 277.00 153954 08/30/2012 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 Page4 apChkLst Final Check List Page: 5 08/30/2012 4:23:27PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 153955 08/30/2012 009097 FULL COMPASS SYSTEMS Description Amount Paid Check Total Sound/Lighting Supplies: Theater Sound/Lighting Supplies: Theater Sound/Lighting Supplies: Theater Sound/Lighting Supplies: Theater Sound/Lighting Supplies: Theater Sound/Lighting Supplies: Theater 153956 08/30/2012 007866 G C S SUPPLIES INC toner/cartridges: info tech 153957 08/30/2012 010326 G E MOBILE WATER, INC Aug washer maint: Stn 73 Jul washer maint: Stn 73 Jul washer exchange: Stn 73 Jul washer rental: Stn 73 Jul washer exchange: Stn 73 Aug washer rental: Stn 73 153958 08/30/2012 015185 GENERAL WAX COMPANY, candles: 9/11 Remembrance INC. 153959 08/30/2012 000177 GLENN IES OFFICE PRODUCTS INC 158.00 38.62 159.72 948.28 612.16 65.60 1,982.38 289.31 289.31 59.00 59.00 127.15 25.86 63.58 25.86 360.45 194.51 194.51 Office Supplies: Info Tech 469.79 Office Supplies: City Clerk Office Supplies: B&S Office Supplies: Fire Office supplies: PW Office Supplies: Records Mgmnt Office Supplies: Planning Office Supplies: TCSD Office Supplies: Theater 153960 08/30/2012 009608 GOLDEN VALLEY MUSIC sttlmnt: Classics at the Merc Aug '12 SOCIETY 153961 08/30/2012 015209 HANNAN, JANN refund:sec dep:rm rental:Harveston 153962 08/30/2012 015195 HELGUERO, GONZALO PEREZ refund:sec dep:rm rental:tcc 153963 08/30/2012 011228 INLAND PLANNING AND JUL CNSLT SVCS: JEFFERSON DESIGN INC CORRIDOR 153964 08/30/2012 003266 IRON MOUNTAIN OFFSITE Jul offsite media storage: Records 153965 08/30/2012 014817 LAPP, JEREMY SCOTT sttlmnt: Cabaret at the Merc 8/26 153966 08/30/2012 011022 LATITUDE GEOGRAPH ICS geocortex virtual trn 9/19-20:Beal, K GROUP LTD 40.73 28.70 174.26 285.61 40.73 243.34 236.89 252.00 999.80 200.00 352.00 4,100.00 478.56 930.00 1,000.00 1,772.05 999.80 200.00 352.00 4,100.00 478.56 930.00 1,000.00 Pages apChkLst Final Check List Page: 6 08/30/2012 4:23:27PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 153967 08/30/2012 003975 LAWRENCE, JEFF reimb:snacks summer day camp 8/10 69.76 69.76 153968 08/30/2012 004412 LEANDER, KERRY D. TCSD instructor earnings 441.00 TCSD instructor earnings 210.00 651.00 153969 08/30/2012 013718 LEE, RICHARD M. entertainment: hot summer nights 500.00 500.00 153970 08/30/2012 004230 LINCOLN EQUIPMENT INC misc supplies: aquatics pgrm 140.49 140.49 153971 08/30/2012 013982 MCI COMM SERVICE Aug xxx-0346 general usage 30.30 Aug xxx-0714 gen usage:PD mall alarm 30.72 61.02 153972 08/30/2012 008610 M C R STAMPS DJ svcs: high hopes pgrm 7/20 25.00 25.00 153973 08/30/2012 014184 MALCOLM SMITH Vehicle purch:police motorcycle 19,815.81 19,815.81 MOTORCYCLES, INC 153974 08/30/2012 015208 MATHEWS, GUADALUPE refund:sec dep:rm rental:TCC 200.00 200.00 153975 08/30/2012 015196 MERRIWETH ER & WILLIAMS Ins GL03284-00 OneBeacon gen liab 505.00 505.00 153976 08/30/2012 001892 MOBILE MODULAR 8/10-9/8 OATC lease agreement: Fire 614.18 6/11-7/10 OATC lease agreement: Fire 614.18 7/11-8/9 OATC lease agreement: Fire 614.18 1,842.54 153977 08/30/2012 015200 MORTIMER, MASON refund:dupl. pmt:Bus Lic 026890 153978 08/30/2012 006077 N T H GENERATION Tape Library for Server Room:IT COMPUTING INC 153979 08/30/2012 002925 NAPA AUTO PARTS misc auto parts & supplies:pw st maint 153980 08/30/2012 000727 NATIONAL FIRE PROTECTION Publications for Fire Prevention ASSN 153981 08/30/2012 015122 NI GOVERNMENT SERVICES, Jul satellite phone service: Fire/EOC INC. 153982 08/30/2012 003964 OFFICE DEPOT BUSINESS SVS office supplies: ire DIV 153983 08/30/2012 015210 O'GARA, BRENDA refund:sec dep:rm rental:Harveston 35.00 35.00 1,064.80 1,064.80 10.52 10.52 266.63 266.63 139.50 139.50 18.08 18.08 200.00 200.00 Pages apChkLst Final Check List Page: 7 08/30/2012 4:23:27PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 153984 08/30/2012 002105 OLD TOWN TIRE &SERVICE 153985 08/30/2012 002105 OLD TOWN TIRE &SERVICE 153986 08/30/2012 002105 OLD TOWN TIRE &SERVICE 153987 08/30/2012 001171 ORIENTAL TRADING COMPANY INC 153988 08/30/2012 005656 PAPA 153989 08/30/2012 000254 PRESS ENTERPRISE COMPANY INC 153990 08/30/2012 013725 PROCRAFT INC 153991 08/30/2012 009066 RADAR SHOP INC, THE 153992 08/30/2012 000262 RANCHO CALIF WATER DISTRICT 153993 08/30/2012 000947 RANCHO REPROGRAPHICS 153994 08/30/2012 009725 RAZAVI, MANDIS 153995 08/30/2012 003591 RENES COMMERCIAL MANAGEMENT 153996 08/30/2012 015211 REZA, CARMEN 153997 08/30/2012 013759 RICE, KENNETH 153998 08/30/2012 002412 RICHARDS WATSON & GERSHON 153999 08/30/2012 010777 RIVERSIDE CO EXECUTIVE OFFICE (Continued) Description Amount Paid Check Total City Vehicle Maint Svcs:Bldg & Safety City Vehicle Maint Svcs:Bldg & Safety City Vehicle Maint Svcs:Parks City Vehicle Maint Svcs:Parks City Vehicle Maint Svcs:TCSD misc supplies: tcsd misc supplies:Children's Museum regist: PAPA seminar 9/18 Fox, S advertising: FIT 5K/10K advertising: FIT 5K/10K door repair srvcs:civic ctr & old city radar gun maint & repair:police Aug var water meters: Fire Stns Aug var water meters:TCSD svc lev C Aug var water meters:TCSD & PW Aug water meter:30875 Rancho vista Reprographic services:PW CIP Reprographic services:PW Land Dev photography workshop: TV Museum weed control srvcs:city ROW arterials refund:Deep water aerobics 3940.203 entertainment: hot summer nights June 2012 legal services Jul animal shelter payment 541.46 237.39 254.27 299.63 36.27 19.74 749.32 80.00 110.25 590.00 979.00 86.00 524.85 24,032.35 2,422.13 490.92 6.47 6.47 200.00 5,000.00 20.00 600.00 94,297.84 778.85 553.90 36.27 769.06 80.00 700.25 979.00 86.00 27,470.25 12.94 200.00 5,000.00 20.00 600.00 94,297.84 11,600.13 11,600.13 Page:7 apChkLst Final Check List Page: 8 08/30/2012 4:23:27PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154000 08/30/2012 000267 RIVERSIDE CO FIRE Apr -Jun' 12 fire services 1,068,559.97 1,068,559.97 DEPARTMENT 154001 08/30/2012 001365 RIVERSIDE COUNTY OF Apr -Jun' 12 vector control srvcs 3,628.10 3,628.10 154002 08/30/2012 015201 SEAMUS IRISH BAR, LLC refund 50% appl fees:Permit PA12-0115 1,651.00 1,651.00 154003 08/30/2012 013376 SECURITY SIGNAL DEVICES Proximity card software purch:info tech 3,906.15 3,906.15 INC 154004 08/30/2012 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 154005 08/30/2012 009213 SHERRY BERRY MUSIC sttlmnt: Jazz © the Merc 8/23 571.00 571.00 154006 08/30/2012 009746 SIGNS BYTOMORROW Jun public ntc posting xx-0092:PIn Jun public ntc posting xx-0090:PIn Jun public ntc posting xx-0079:PIn Jun public ntc posting xx-0081:PIn Jun public ntc posting xx-0119:PIn Jul public ntc posting xx-0115:PIn Jul public ntc posting xx-0104:PIn Jul public ntc posting xx-0017-19:PIn 154007 08/30/2012 015119 SMC FAMILY CORP Deposit:Commission Recogn 10/30/12 296.20 148.10 148.10 148.10 148.10 43.10 296.20 296.20 1,524.10 851.25 851.25 Pages apChkLst Final Check List Page: 9 08/30/2012 4:23:27PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154008 08/30/2012 000537 SO CALIF EDISON 154009 08/30/2012 001212 SO CALIF GAS COMPANY 154010 08/30/2012 000519 SOUTH COUNTY PEST CONTROL INC Description Amount Paid Check Total Aug 2-27-371-849442189 Winchester 31.18 Aug 2-29-807-1226:28077 Diaz rd PED 23.28 Aug 2-29-224-0173:var Fire Stns 3,008.52 Aug 2-29-223-8607:42035 2nd St PED 698.54 Aug 2-32-903-8293:41000 Main St 28,877.21 Aug 2-31-912-7494:28690 Mercedes 859.72 Aug 2-29-933-3831:43230 Bus pk dr 2,584.76 Aug 2-14-204-1615:30027 Front st rdio 43.91 Aug 2-31-536-3655:41904 Main St 1,359.86 Aug 2-34-333-3589:41702 Main St 22.53 Aug 2-31-282-0665:27407 Diaz rd PED 23.65 Aug 2-31-031-2616:27991 Diaz rd PED 2345 Aug 2-29-807-1093:28079 Diaz rd PED 23.08 Aug 2-29-657-2787:41638 Winchester 22.33 Aug 2-31-419-2873:43000 Hwy -395 22.33 Aug 2-25-393-4681:41951 Moraga Rd 844.38 Aug 2-02-351-4946:41845 6th St 2,680.72 Aug 2-18-937-3152:28314 Mercedes 1,367.75 Aug 2-19-171-8568:28300 Mercedes 70.59 Aug 2-31-536-348141902 Main St 297.41 July 021-725-0775-4:Senior Center 71.51 July 181-383-8881-6:Museum 15.29 July 091-024-9300-5:30875 Rancho vista 188.43 July 026-671-2909-8:Comm Theater 15.29 Aug 125-244-2108-3: Library 14.30 July 101-525-0950-0:Comm Ctr 20.05 July 129-535-4236-7:Civic Center 406.78 July 129-582-9784-343230 Bus pk dr 25.11 July 133-040-7373-0:Maint Fac 28.68 Aug 101-525-1560-6:27415 Enterprise 4648 Aug 095-167-7907-2:30650 Pauba Rd 124.82 Aug 015-575-0195-2:32211 Wolf vly rd 103.81 pest control srvcs:Rancho Vista 94.00 pest control srvcs:Paloma del Sol pest control srvcs:Redhawk Comm Prk pest control srvcs:Redhawk Dog Park pest control srvcs:Honors-Margarita pest control srvcs:Stn 73 pest control srvcs:OATC 154011 08/30/2012 011897 TAG/AMS INC Jul DOT random drug testing:HR 235.00 94.00 282.00 94.00 48.00 48.00 42,885.20 1,060.55 895.00 195.00 195.00 Page9 apChkLst Final Check List Page: 10 08/30/2012 4:23:27PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 154012 08/30/2012 000305 TARGET BANK BUS CARD SRVCS 154013 08/30/2012 012265 TEMECULA ACE HARDWARE C/O 154014 08/30/2012 010493 TEMECULA TOWNE CENTER ASSOC LP 154015 08/30/2012 010046 TEMECULA VALLEY CONVENTION & Description Amount Paid Check Total misc supplies: harveston center 122.48 misc recreation supplies: CRC MISC SUPPLIES: TINY TOT PGRM MISC SUPPLIES: CHILDREN'S MUSEUM 154.96 49.17 37.68 364.29 Misc hardware supplies: Sta 92 55.87 Misc hardware supplies: Sta 92 28.67 84.54 Sep lease payment: pd mall office 1,458.33 1,458.33 Jun '12 Bus. Impry District Asmnts 120,174.82 120,174.82 154016 08/30/2012 000306 TEMECULA VALLEY PIPE & irrigation/plumbing supplies:var parks SUPPLY 154017 08/30/2012 003862 THYSSENKRUPP ELEVATOR.BRNCH 37 154018 08/30/2012 010276 TIME WARNER CABLE ELEVATOR FIRE SAFETY TESTS:CIVIC CTR 8/3 ELEVATOR FIRE SAFETY TESTS:CIVIC C ELEVATOR FIRE SAFETY TESTS:FOC 8/: Aug high speed internet:32211 Wolfvly Aug high speed internet:32364 Overland Sep high speed internet:41000 Main St 154019 08/30/2012 002452 TOP LINE INDUSTRIAL misc equip parts: pw street maint 111.72 111.72 198.00 1,179.50 198.00 1,575.50 102.17 44.95 4,103.77 4,250.89 7.79 7.79 154020 08/30/2012 007433 TOVEY SHULTZ JULCONST:RORIPAUGH FIRE STN 46,409.64 CONSTRUCTION INC ret.w/h pmt:Jun const:roripaugh fire stn -5,458.55 40,951.09 154021 08/30/2012 013687 TURPIN, SOL WABASA entertainment: hot summer nights 650.00 650.00 154022 08/30/2012 014024 U.S. FLEET TRACKING GPS trackers:Police 1,764.65 1,764.65 154023 08/30/2012 000325 UNITED WAY United Way Charities Payment 46.00 46.00 154024 08/30/2012 004261 VERIZON Aug xxx-5072 general usage 1,549.51 1,549.51 154025 08/30/2012 014949 WESTERN CITY MAGAZINE 12 issues Western City magazine:B&S 39.00 39.00 154026 08/30/2012 000621 WESTERN RIVERSIDE Jul '12 TUMF Payment 124,222.00 124,222.00 COUNCIL OF Page:10 apChkLst Final Check List Page: 11 08/30/2012 4:23:27PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154027 08/30/2012 008402 WESTERN RIVERSIDE Jul '12 MSHCP payment 27,132.00 27,132.00 COUNTY 154028 08/30/2012 008530 WITMER ASSOCIATES INC Fire equipment: Sta 73 138.44 138.44 154029 08/30/2012 000348 ZIGLER, GAIL reimb:rfrshmnts Juried Art Show 8/31 194.94 194.94 154030 08/30/2012 005195 ZOOLOGICAL SOCIETY excursion: day camp safari park 3,576.80 3,576.80 999157 08/23/2012 015202 CABRALES, ANDREA refund:Bear cub univ 4000.201 353.60 353.60 999158 08/23/2012 011902 PALMER, ALYSSA refund:Bear cub univ 4005.201 166.40 166.40 999159 08/23/2012 015203 SOUTHERN CALIFORNIA refund:sec dep:rm rental:Conf Ctr 100.00 100.00 Grand total for UNION BANK OF CALIFORNIA: 2,628,915.27 Pagel 1 apChkLst Final Check List Page: 12 08/30/2012 4:23:27PM CITY OF TEMECULA 122 checks in this report. Grand Total All Checks. 2,628,915.27 Page:12 apChkLst Final Check List Page: 1 09/06/2012 9:28:59AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2000 09/06/2012 005460 U S BANK Secured Settlement # 3 payment 73,317.12 73,317.12 2001 09/06/2012 005460 U S BANK Prepayment-J.Warner Assmnt Dist. Lien 17,524.75 17,524.75 154031 09/06/2012 004973 ABACHERLI, LINDI TCSD instructor earnings 595.00 595.00 154032 09/06/2012 015227 ALPHA OMEGA I, INC refund:sec dep:rm rental:TCC 200.00 200.00 154033 09/06/2012 013950 AQUA CHILL OF SAN DIEGO Aug drinking water svc: Civic Ctr 148.70 Aug drinking water sys maint: PD 26.94 175.64 154034 09/06/2012 004205 BALLET FOLKLORICO TCSD Instructor Earnings 175.00 TCSD Instructor Earnings 35.00 210.00 154035 09/06/2012 005709 BAMM PROMOTIONAL t-shirts:'12 jr novice tennis tournament 425.61 425.61 PRODUCTS 154036 09/06/2012 011007 BARNETT, KIRK reimb: a/c fan motor Stn 84 106.50 106.50 154037 09/06/2012 008605 BONTERRA CONSULTING JUL CNSLT SVCS: RRSP DESILTING 2,365.00 2,365.00 POND 154038 09/06/2012 014299 BOOKS ON TAPE books on tape: library 36.37 books on tape: library 32.31 68.68 154039 09/06/2012 004462 C D W GOVERNMENT INC misc tools/equip: info tech 70.63 70.63 154040 09/06/2012 015219 CALIF DEPT OF, FOOD & refund:sec dep:rm rental:CRC 200.00 200.00 AGRICULTURE 154041 09/06/2012 005708 CLEAR CHANNEL advertising: hot summer nights 400.00 400.00 BROADCASTING INC 154042 09/06/2012 013379 COUSSOU, CELINE TCSD Instructor Earnings 84.00 TCSD Instructor Earnings 84.00 TCSD Instructor Earnings 189.00 357.00 154043 09/06/2012 014364 CUNNINGHAM, GRISELDA TCSD Instructor Earnings 546.00 546.00 CLEMENTINA 154044 09/06/2012 014580 DANCE THEATRE COLLECTIVE sttlmnt: danceXchange 8/21 178.50 178.50 154045 09/06/2012 001393 DATA TICKET, INC. Jul parking citation svcs: Police 1,092.65 1,092.65 Pagel apChkLst Final Check List Page: 2 09/06/2012 9:28:59AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154046 09/06/2012 003945 DIAMOND ENVIRONMENTAL Aug restroom svc: Vail Ranch Park 52.78 SRVCS Aug restroom svc: GOHS 52.78 Aug restroom svc: Long Canyon Park 52.78 Aug restroom svc: Riverton Park 52.78 Aug restroom svc: Veterans Park 52.78 263.90 154047 09/06/2012 002390 EASTERN MUNICIPAL WATER Aug water meter:32131 So Loop rd bldg 98.13 DIST Aug meter:32131 So Loop rd DCDA 48.00 146.13 154048 09/06/2012 011202 EMH SPORTS & FITNESS TCSD instructor earnings 267.75 INSTITUTE TCSD instructor earnings 196.00 TCSD instructor earnings 126.00 589.75 154049 09/06/2012 013723 ENTECH NORTHWEST INC air quality analysis:mira loma apt dev 2,640.00 2,640.00 154050 09/06/2012 015230 ESCALANTE, VIVIANA refund:sec dep:rm rental:TCC 150.00 150.00 154051 09/06/2012 009953 FEDERAL CLEANING Aug janitorial svcs:police mall office 625.00 625.00 CONTRACTORS 154052 09/06/2012 000206 FEDEX KINKOS INC paper supplies: central svcs 15.07 paper supplies: central svcs 30.15 paper supplies: central svcs 301.48 346.70 154053 09/06/2012 011922 FIRST AMERICAN CORELOGIC Jul database subscr: code enf 216.50 216.50 INC 154054 09/06/2012 013768 FISHER, LOUIS RAYMOND supervision:12 jr novice tennis tourn 200.00 200.00 154055 09/06/2012 011145 FOSTER, JILL C. TCSD instructor earnings 1,601.60 TCSD instructor earnings 1,170.17 TCSD instructor earnings 1,395.33 4,167.10 154056 09/06/2012 004074 FRANCHISE MGMT SERVICES misc supplies: high hopes pgrm 309.18 309.18 INC 154057 09/06/2012 015229 FRENCH, TINA refund:sec dep:rm rental:CRC 200.00 200.00 154058 09/06/2012 013552 GANDS PRODUCTIONS LLC sttlmnt: Country @ the Merc 9/1 (2) 630.75 630.75 154059 09/06/2012 013076 GAUDET, YVONNE M. TCSD instructor earnings 423.50 423.50 154060 09/06/2012 004188 HARRIS & ASSOCIATES Jul const mgmt svc:french vly intrchg 105,838.98 105,838.98 Page:2 apChkLst Final Check List Page: 3 09/06/2012 9:28:59AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 154061 09/06/2012 002109 HD SUPPLY CONSTR. SUPPLY MISC MAINT SUPPLIES: PW STREET LTD MAINT- MISC MAINT SUPPLIES: PW MAINT Amount Paid Check Total 56.99 142.85 MISC MAINT SUPPLIES: PW MAINT 108.44 308.28 154062 09/06/2012 000520 HDL COREN & CONE INC Jul -Sept '12 cnslt: property tax 5,250.00 CAFR Statistical Reports 11/12 595.00 5,845.00 154063 09/06/2012 001135 HEALTHPOINTE MEDICAL employee industrial care svcs: HR 180.00 180.00 GROUP INC 154064 09/06/2012 001013 HINDERLITER DE LLAMAS & 3rd qtr cnslt lst qtr audit: sb&o 4,581.83 4,581.83 ASSOC 154065 09/06/2012 010210 HOME DEPOT SUPPLY INC, misc maint supplies: Theater 102.27 THE misc maint supplies: Theater 255.27 misc maint supplies: Theater 32.29 389.83 154066 09/06/2012 003198 HOME DEPOT, THE misc supplies: recreation pgrm 143.11 143.11 154067 09/06/2012 009693 INLAND VALLEY CLASSICAL sttlmnt: Once Upon a Tutu 9/1-9/2 1,486.02 1,486.02 BALLET 154068 09/06/2012 001407 INTER VALLEY POOL SUPPLY misc pool supplies: CRC 759.80 759.80 INC 154069 09/06/2012 001186 IRWIN, JOHN TCSD instructor earnings 470.40 470.40 154070 09/06/2012 013200 JAROTH INC Aug -Sep pay phone:duck pond,Library,crc 425.28 425.28 154071 09/06/2012 015231 KAO, LAN FANG refund:Senior excursion 4100.203 16.00 16.00 154072 09/06/2012 010280 KEN WHITLEY & ASSOCIATES (9) regist:Parolee trng 9/25 Ontario 765.00 765.00 154073 09/06/2012 001085 L N CURTIS & SONS fire rescue equip: Stn 73 1,428.09 fire rescue equip: Stn 73 720.63 2,148.72 154074 09/06/2012 004412 LEANDER, KERRY D. TCSD instructor earnings 220.50 supervision:12 jr novice tennis tourn 200.00 420.50 154075 09/06/2012 015233 LOPEZ, ANDREA refund:Jr Lifeguard trng 5903.201 160.00 160.00 154076 09/06/2012 015115 LYNCH, KATHLEEN partial refund:sec dep:rental:harveston 181.50 181.50 154077 09/06/2012 004813 M & J PAUL ENTERPRISES INC Inflatable jump houses:4th of July 4,395.00 4,395.00 Page:3 apChkLst Final Check List Page: 4 09/06/2012 9:28:59AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154078 09/06/2012 015018 MAASBERG, LAURA CITLALI TCSD Instructor Earnings 107.80 107.80 154079 09/06/2012 002784 MAILBOX, THE 1 yr subscr:tinytots prgm 29.95 29.95 154080 09/06/2012 014365 MAILFINANCE, INC. 5/31-8/30 postage mtr lease:cntrl svcs 677.21 677.21 154081 09/06/2012 014431 MARTLAND, BETTE B TCSD Instructor Earnings 441.00 441.00 154082 09/06/2012 014392 MC COLLOUGH, JILL DENISE Aug interior plants lease:library 200.00 Aug interior plants lease:civic center 525.00 725.00 154083 09/06/2012 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 630.00 TCSD Instructor Earnings 105.00 TCSD Instructor Earnings 280.00 TCSD Instructor Earnings 280.00 TCSD Instructor Earnings 224.00 TCSD Instructor Earnings 630.00 TCSD Instructor Earnings 420.00 2,569.00 154084 09/06/2012 015228 MCLAUGHLIN, COLLEEN refund:sec dep:rm rental:Harveston 200.00 200.00 154085 09/06/2012 006571 MELODY'S AD WORKS INC. Sept mktg & promo srvcs: old town 3,500.00 3,500.00 154086 09/06/2012 007669 MILES, KATRINA TCSD Instructor Earnings 98.00 98.00 154087 09/06/2012 012962 MILLER, MISTY TCSD Instructor Earnings 210.00 TCSD Instructor Earnings 686.00 TCSD Instructor Earnings 122.50 1,018.50 154088 09/06/2012 000973 MIRACLE RECREATION playground equip:various parks 780.92 780.92 EQUIPMENT 154089 09/06/2012 015234 MIRAFLORES-BAILEY, AMOR refund:Yoga-fates 1650.201 24.00 24.00 154090 09/06/2012 012264 MIRANDA, JULIO C. TCSD Instructor Earnings 938.00 TCSD Instructor Earnings 1,302.00 TCSD Instructor Earnings 462.00 2,702.00 154091 09/06/2012 013375 MYERS-RUSSO, ERICA TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 154092 09/06/2012 002925 NAPA AUTO PARTS Misc auto supplies: Prevention 92.40 58.80 11.20 162.40 40.26 40.26 Page:4 apChkLst 09/06/2012 9:28:59AM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 154093 09/06/2012 002105 OLD TOWN TIRE & SERVICE 154094 09/06/2012 002105 OLD TOWN TIRE & SERVICE 154095 09/06/2012 002105 OLD TOWN TIRE & SERVICE 154096 09/06/2012 002105 OLD TOWN TIRE & SERVICE 154097 09/06/2012 002105 OLD TOWN TIRE & SERVICE (Continued) Description City Vehicle Maint Svcs:Bldg & Safety City Vehicle Maint Svcs:PW NPDES City Vehicle Maint Svcs:PW Traffic City Vehicle Maint Svcs:PW Land Dev City Vehicle Maint Svcs:PW Land Dev City Vehicle Maint Svcs:PW CIP City Vehicle Maint Svcs:PW CIP City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:Code Enf City Vehicle Maint Svcs:Parks 154098 09/06/2012 001171 ORIENTAL TRADING COMPANY Misc. supplies:Children's Museum INC 154099 09/06/2012 013910 PACIFIC RESTORATION GROUP INC 154100 09/06/2012 000249 PETTY CASH 154101 09/06/2012 000249 PETTY CASH 154102 09/06/2012 000249 PETTY CASH 154103 09/06/2012 012195 POLLSTAR 154104 09/06/2012 010338 POOL & ELECTRICAL PRODUCTS INC 154105 09/06/2012 013725 PROCRAFT INC 154106 09/06/2012 000271 RBF CONSULTING Misc supplies:halloween carnival Aug Idscp maint:caltrans Idscp improve Petty Cash Reimbursement Petty Cash Start-up: Harveston Cntr Petty Cash Start-up: TCC Artist & Booking Agency 12-13 Dir:Thtr water fountain supplies: civic center chemicals & supplies: park fountains door repair srvcs:civic ctr & old city Jun EIR: temecula creek inn Jul EIR: temecula creek inn May EIR: temecula creek inn 154107 09/06/2012 014693 RILEY, MARY ELIZABETH TCSD Instructor Earnings Amount Paid Check Total 834.64 415.68 275.24 36.27 231.66 36.27 36.27 365.62 86.47 211.85 139.54 48.38 31.99 1,862.25 20,305.62 553.62 100.00 100.00 274.77 130.78 135.77 499.00 1,500.01 4,126.99 14,200.00 834.64 1,397.01 298.32 139.54 48.38 1,894.24 20,305.62 553.62 100.00 100.00 274.77 266.55 499.00 19, 827.00 129.50 129.50 Page:5 apChkLst 09/06/2012 9:28:59AM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 154108 09/06/2012 012251 ROTH, DONALD J. 154109 09/06/2012 002226 RUSSO, MARY ANNE 154110 09/06/2012 009213 SHERRY BERRY MUSIC 154111 09/06/2012 000645 SMART & FINAL INC 154112 09/06/2012 000824 SO CALIF ASSN OF GOVERNMENTS 154113 09/06/2012 000537 SO CALIF EDISON 154114 09/06/2012 001212 SO CALIF GAS COMPANY 154115 09/06/2012 013304 SO CALIF TENNIS ASSOCATION 154116 09/06/2012 000519 SOUTH COUNTY PEST CONTROL INC 154117 09/06/2012 009452 STRAWN, WILLIAM R. 154118 09/06/2012 007900 SYERS, KATHI (Continued) Description TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Jazz a@ the Merc 08/30 Misc supplies:mpsc pgrms Misc supplies:high hopes pgrm FY 12/13 agency membership dues Aug 2-28-904-7706:32329 Overland trl Aug 2-29-657-2332:45538 Redwood Aug 2-29-953-8249:46497 Wolf crk dr Aug 2-29-953-8082:31523 Wolf vly rd Aug 2-29-657-2563:42902 Butterfield Aug 2-27-805-3194:42051 Main St Aug 2-31-936-3511:46488 Pechanga Aug 2-28-629-0507: Library Aug 2-00-397-5067:TCSD svc lev C Aug 2-29-295-3510:32211 Wolf vly rd Aug 2-31-536-3226:28690 Mercedes S Aug 2-21-981-4720:30153 Tem pkwy tl Aug 2-30-520-4414:32781 Tem pkwy L Aug 2-31-031-2590:28301 Rancho cal Aug 2-00-397-5042:43200 Bus pk dr #' Aug 2-02-502-8077:43210 Bus pk dr B Aug 2-31-404-6020:28771 OT Front St Aug 2-29-458-7548:32000 Rancho Cal Aug 2-30-220-8749:45850 N Wolf crk c Aug 2-29-953-8447:31738 Wolf vly rd Aug 091-085-1632-0:TES Pool Aug 055-461-2483-4:40135 Village Rd Jr Novice Tennis Tournament 8/25-26 Aug pest control srvcs:pbsp snack bar Reimb:supplies for Community Theater Amount Paid Check Total 112.00 630.00 504.00 598.50 378.00 75.71 160.73 9,259.00 128.62 23.13 25.18 26.12 185.36 6,991.62 46.43 13, 914.53 2,247.68 1,727.72 1,971.09 31.92 964.01 37.42 3,616.07 1,199.01 1,915.35 487.11 581.67 21.83 297.94 23.82 62.00 70.00 225.59 742.00 1,102.50 378.00 236.44 9,259.00 36,141.87 321.76 62.00 70.00 225.59 ee computer loan prgm 1,598.94 1,598.94 Page:6 apChkLst Final Check List Page: 7 09/06/2012 9:28:59AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 154119 09/06/2012 003599 T Y LIN INTERNATIONAL JUL CONSULTING SRVCS:F.VLY 209,962.85 PKWY/I-15 JUL CONSULTING SRVCS:WNCHSTI 108,500.00 318,462.85 154120 09/06/2012 015088 TANKO STREETLIGHTING, INC. Induction lighting purch:PW CIP Div 141,799.00 141,799.00 154121 09/06/2012 011736 TEMECULA TROPHY INC Awards/Jr Novice Tennis Tournament 109.47 109.47 154122 09/06/2012 011090 TEMECULA VALLEY Transportation:day camp 7/19 9,717.30 TRANSPORTATION Credit: invoice exceeds agreement -5,841.00 3,876.30 154123 09/06/2012 015123 THOMPSON, NORMAN K Refund: dupl pmt/nsf check 485.00 485.00 154124 09/06/2012 010276 TIME WARNER CABLE Sep high speed internet:30600 Pauba Rd 512.48 Aug high speed internet:40135 Village 235.47 747.95 154125 09/06/2012 002702 U S POSTAL SERVICE Jul '12 postage meter deposit 2,687.19 2,687.19 154126 09/06/2012 004789 VERIZON Aug Internet svcs:Harveston Ctr 87.88 87.88 154127 09/06/2012 014486 VERIZON WIRELESS 8/16-9/15 broadband 608.16 608.16 154128 09/06/2012 006248 WALKER, JESSICA TCSD Instructor Earnings 227.50 227.50 154129 09/06/2012 001342 WAXIE SANITARY SUPPLY INC misc cleaning supplies:t.mus/c.mus./prks 277.74 277.74 154130 09/06/2012 000621 WESTERN RIVERSIDE FY 12/13 Clean Cities Coalition Dues 10,000.00 COUNCIL OF FY 12/13 Solid Waste Cooperation Dw 5,402.77 15,402.77 154131 09/06/2012 015120 ZAVALA SONGS, INC. Performance @ Theater 9/7/12 3,500.00 3,500.00 999160 08/30/2012 015220 BARAJAS, VICKY refund:Yoga-fates 1650.201 24.00 24.00 999161 08/30/2012 015221 COLLINS, MARCY refund:Bright scholars 6015.202 429.00 429.00 999162 08/30/2012 015222 GUILD, RICHARD refund:Tinytots 4's & 5's 1045.204 52.00 52.00 999163 08/30/2012 015223 JENKINS, MELISSA refund:Bear cub univ 4015.201 531.00 531.00 999164 08/30/2012 015223 JENKINS, MELISSA refund:Bear cub univ 4015.201 663.00 663.00 Page:7 apChkLst 09/06/2012 9:28:59AM Final Check List Page: 8 CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date 999165 08/30/2012 999166 08/30/2012 999167 08/30/2012 999168 08/30/2012 Vendor 015224 MCCRORY, JANICE 011840 NISHINA, MIDORI 015225 WEIGHT, LOUISE 015226 WRIGHT, ALEXIS (Continued) Description refund:Yoga-fates 1650.201 refund:Yoga-fates 1650.201 refund:Yoga-fates 1650.201 refund:Soccer skills 2204.201 Amount Paid Check Total 24.00 24.00 24.00 84.00 Grand total for UNION BANK OF CALIFORNIA: 24.00 24.00 24.00 84.00 837,265.98 Page:8 apChkLst Final Check List Page: 9 09/06/2012 9:28:59AM CITY OF TEMECULA 112 checks in this report. Grand Total All Checks: 837,265.98 Page:9 Item No. 4 Approvals City Attorney Chief Financial Officer City Manager Mr- iltd r -o CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: September 25, 2012 SUBJECT: Meeting Schedule for City Council Meetings for the month of December 2012 RECOMMENDATION: Direct the City Clerk to cancel the December 25, 2012 City Council Meeting and perform the appropriate postings and noticing requirements of the Government Code. BACKGROUND: Since the regularly scheduled second meeting in December falls on Christmas, December 25, 2012, it is proposed that this meeting be cancelled. FISCAL IMPACT: None ATTACHMENTS: None Item No. 5 Approvals City Attorney Chief Financial Officer City Manager ffi/re-r- 7410 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: September 25, 2012 SUBJECT: Review of City Conflict of Interest Code RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE BACKGROUND: Members of the City Council, members of the Planning Commission, the City Manager, the City Attorney, and the City Treasurer are all specifically required by Government Code Section 87200 to file economic disclosure forms each year. The City Council is required by Government Code Section 87300 to adopt a Conflict of Interest Code for the City that designates those other City employees that must file economic disclosure forms because their work involves significant decision making. Government Code Section 87306.5 requires that the Fair Political Practices Commission (FPPC — Code reviewing body) direct each local agency to review its Conflict of Interest Code each even numbered year. If a change were necessitated, an amended Conflict of Interest Code must be submitted to the FPPC. The City Attorney has reviewed the City's Code and has indicated the necessity to amend Exhibit A of the Code (Designated City of Temecula Employees and Disclosure Categories), due to recent staffing changes, by adding and deleting the following positions: Add City Clerk Chief Financial Officer Deputy Director of Information Technology Director of Community Relations Director of Development Services Executive Director of Community Services Facility Services Manager IT Administrator Maintenance Manager Senior Engineer Delete Assistant City Manager City Clerk/Director of Support Services Deputy City Manager Deputy Director of Information Systems Director of Community Services Director of Finance Director of Information Systems Director of Planning & Redevelopment GIS Administrator Public Works Maintenance Supervisor Senior Accountant Members of the City Council, members of the Planning Commission, the City Manager, the City Attorney, and the City Treasurer are not listed in the Conflict of Interest Code because all of them are specifically required by Government Code Section 87200 to file economic disclosure forms each year. FISCAL IMPACT: None ATTACHMENTS: Resolution No. 12- RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula has previously adopted a Conflict of Interest Code to apply to certain officers and employees of the City with an Exhibit A designating certain positions within the City that require the filing of economic disclosure forms. Section 2. The City Council of the City of Temecula does hereby amend the Conflict of Interest Code for the City of Temecula by deleting Exhibit A and substituting in its place a new Exhibit A, which is attached hereto and incorporated herein by this reference. Section 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of September, 2012. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Resos 2012/Resos 12- 1 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 25th day of September, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Resos 2012/Resos 12- 2 SECTION 2. EXHIBIT A DESIGNATED CITY OF TEMECULA EMPLOYEES AND DISCLOSURE CATEGORIES The following positions entail the making or participating in the making of decisions which could have a material effect on financial interests. Designated Position Disclosure Categories Accounting Manager 1 Building Official 1 Chief Financial Officer 1 Chief of Police 1 City Clerk 1 Construction Manager 1 Consultant * 1 Deputy Director of Information Technology 1 Deputy Director of Support Services 1 Director of Community Relations 1 Director of Development Services 1 Executive Director of Community Services 1 Exempt Officials 0 Facility Services Manager 1 Fire Chief 1 Fiscal Services Manager 1 IT Administrator 1 Maintenance Manager 1 R:/Resos 2012/Resos 12- 3 Maintenance Superintendent 1 Principal Engineer 1 Public Works Director 1 Recreation Superintendent 1 Revenue Manager 1 Senior Debt Analyst 1 Senior Engineer 1 Senior Management Analyst 1 Senior Planner 1 Theater Manager 1 Members of all City Commissions, Boards, and Committees not otherwise required to file Conflict of Interest Statements * Consultants shall be included in the list of designated employees and shall disclose all of the information required to be disclosed by designated employees subject to the following limitations: The City Manager or his designee may determine in writing that a particular consultant, although a designated position, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirement described in this Section. Such written disclosure shall include a description and based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. ** The Mayor, City Council, Members of the Planning Commission, City Manager, City Attorney, and City Treasurer are all required to file disclosure statements pursuant to State Law and are thus not included herein. R:/Resos 2012/Resos 12- 4 Item No. 6 Approvals City Attorney Chief Financial Officer City Manager 07 -e -r- 110 r, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Executive Director of Community Services DATE: September 25, 2012 SUBJECT: Sponsorship Agreement for the Komen Inland Empire Race for the Cure PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: Approve the Sponsorship Agreement for the Komen Inland Empire Race for the Cure in the amount of $13,771 for in-kind city support services, $10,865 for in-kind promotional services, and $22,500 in cash for the October 21, 2012 race. BACKGROUND: The City Council Economic Development Committee (Mayor Washington and Councilmember Roberts) met on March 22, 2012 to review the Economic Development Sponsorship Applications for Fiscal Year 2012-13. It was recommended that the City of Temecula continue supporting and sponsoring the Inland Empire Affiliate of Susan G. Komen for the Cure. Every 74 seconds a woman dies from breast cancer. In 2011, the Susan G. Komen organization funded more than 700,000 breast screenings, helped 100,000 people financially through treatment and invested $66 million for breast cancer research and related programs. Based on the written report provided by Inland Empire Affiliate of Susan G. Komen Race for the Cure, last year's Temecula race had a turnout of 12,859 participants, 714 breast cancer survivors and raised over $857,000 with the help of 800 volunteers. The funds raised assisted over 80,000 Inland Empire women, men and their families. The required written report was submitted prior to their 90 -day deadline and all financial documents from previous years events have been provided. The Inland Empire Komen is in compliance with the terms of their previous agreement. The 2012 Komen Inland Empire Race for the Cure is scheduled for October 21, 2012 and will maintain the same format as in previous years. The race will be held at the Promenade Mall in Temecula and will include Expo/Kids Expo, Survivor Breakfast and Ceremonies, 5K Run/Walk, a 1.5 Mile Family Fun Run/Walk and a Kids Only (10 years and younger) Run. The $13,771 for in-kind city support services is for city and safety staff services. The $10,865 for in- kind promotion will include event information on the City's website, Channel 3, City E -letter and Temecula Auto Mall Marquee. The $22,500 cash donation will be used to provide breast health services for the medically underserved residents of the Inland Empire. FISCAL IMPACT: The in-kind city staffing costs of $13,771 and the in-kind promotional services costs of $10,865 for this event is provided in the Fiscal Year 2012-13 Public Works, Police, Fire and City operational budgets. Funding for the $22,500 cash sponsorship is provided through the Temecula Community Services District (TCSD) Fiscal Year 2012-13 Cultural Arts City Promotional Events Budget. ATTACHMENTS: 1. Sponsorship Agreement 2. Event Planning Worksheet SPONSORSHIP AND COMMUNITY SUPPORT FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND KOMEN INLAND EMPIRE RACE FOR THE CURE THIS AGREEMENT is made and effective as of this 25th day of September, 2012 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Inland Empire Affiliate of Susan G. Komen for the Cure a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Komen Inland Empire Race for the Cure (hereinafter referred to as the "Event") on October 21, 2012. The Event is a special event which is located at The Promenade Mall in Temecula. The Event is expected to draw between 13,000-15,000 people. b. The Event includes a Coed Timed Run, a Coed 5k Run/Walk, a Family One -Mile Fun Run/Walk, a Kids Only Run (10 years and younger), live entertainment, exhibits, Kids' Expo, Komen Expo, Sleep in for the Cure and Breast Cancer Survivor Tribute. c. Alcohol will not be served. d. The City desires to be a Diamond Sponsor of the Event by providing Community Support Funding and City Support Services. 2. TERM This Agreement shall commence on September 25, 2012, and shall remain and continue in effect until tasks described herein are completed, but in no event later than January 31, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in-kind city staff support services valued at an amount not to exceed Thirteen Thousand Seven Hundred Seventy One Dollars ($13,771) and in-kind promotional services valued at an amount not to exceed Ten Thousand Eight Hundred Sixty -Five Dollars ($10,865) as listed in Exhibit B, the City of Temecula shall be designated as a Diamond Sponsor of the Event. As a Diamond Sponsor the City shall receive sponsor benefits as listed in Exhibit A. b. The City of Temecula shall also provide Community Support Funding in the amount of Twenty-two Thousand Five Hundred Dollars ($22,500) cash to the Nonprofit to be used to pay for breast exams, counseling, and other services for underserved Inland Empire residents. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Recreation Supervisor- Special Events a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Diamond Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. Within twelve (12) months following the Event, the Nonprofit will provide a general summary report on how funds were expended and what clinics/health agencies received funding and that a portion of the funds were used for underserved residents in Riverside and San Bernardino Counties, the Inland Empire Affiliate's service area. Upon request, City staff may audit the supporting documentation from the Nonprofit. 5. FINANCIAL REVIEW The Nonprofit shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event. This financial review of the Event should be completed and submitted to the City no later than January 31, 2013 The financial review shall provide a general summary report on how funds were expended and used to benefit Temecula Valley residents and shall include documentation, including but not limited to, copies of invoices, receipts and cancelled checks to support the Sponsorship Funding. The financial documentation is subject to an audit, as determined by City staff. 6. PERMITS The Nonprofit shall file applications for a Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval of the permits. The Nonprofit shall comply with all conditions of approval for the Special Event Permit and/or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 7. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 8. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 9. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability 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 October 21, 2012, 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 Recipient 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 Recipient 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. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectflocation or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The 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 NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. 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 Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, 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 riot 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, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit'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 Nonprofit 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. Nonproft 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 Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. GOVERNING LAW The City and the Nonprofit 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. 11. LEGAL RESPONSIBILITIES The Nonprofit 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 Nonprofit 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 Nonprofit to comply with this section. 12. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: 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 Recipient: The Inland Empire Affiliate of Susan G. Komen for the Cure Attn: Sandra Finestone, Inland Empire Affiliate President 43397 Business Park Drive #D-9 Temecula, CA 92592 14. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit 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. The Nonprofit shall riot incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any mariner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall riot be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 15. 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. 16. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA The Inland Empire Affiliate of Susan G. Komen for the Cure By: By: Chuck Washington, Mayor Sandra Finestone, Inland Empire Affiliate President ATTEST: By: By: Susan W. Jones, MMC, City Clerk Debbie Gilligan or Cindy Golden, Inland Empire Affiliate Co -Race Chair APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT The Inland Empire Affiliate of Susan G. Komen for the Cure Sandra Finestone 43397 Business Park Drive #D-9 Temecula, CA 92590 PM Initials: D B Date: EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS DIAMOND SPONSOR In exchange for providing in-kind city -support services of Public Works, Fire and Police valued at an amount not to exceed $13,771 and in-kind City promotional services valued at $10,865 for the Komen Inland Empire Race for the Cure the citizens of the City of Temecula shall receive the following benefits. • City of Temecula Logo on Printed Material: i.e. 2,500 Race Posters, 25,000 Race Entry Forms ♦ City of Temecula recognition through PA announcements • Complimentary Booth Space at Expo (1) • Company Banners Displayed (4) • City of Temecula Logo and Link on website ♦ City of Temecula Logo in Full Page Race Ads ♦ City of Temecula Logo on 13,000 Race T-shirts ♦ City of Temecula Name on all Radio Promotion • City of Temecula Name in all Press Releases • City of Temecula Logo in Race related Online Communication • Complimentary Sponsor Appreciation Banquet Tickets (10) ♦ Commemorative Sponsor Award ♦ 10 Komen Race Entries and T-shirts ♦ City of Temecula Logo in newspaper "Thank You" Ad • Complimentary Team Tailgate Booth The Community Support Funding of twenty-two thousand, five hundred dollars ($22,500) cash will help fund community grants to organization that offer education, support, treatment and diagnostic services for uninsured and underserved Inland Empire citizens. EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the 2012 Komen Inland Empire Race for the Cure event. The following expenses can be anticipated for the event: Police: $8,300 Fire: $3,500 Public Works: $1,971 TOTAL: $13,771 ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by The City of Temecula for the 2012 Komen Inland Empire Race for the Cure event is as follows: Item Value City Website $2,200 Race for the Cure event listing on the City of Temecula website Local Government Channel 3 $5,100 Race for the Cure slide appears approximately 1 time per hour for 30 seconds. Run time 9/1/12- 10/21/12 City E -letter E -letter to be sent out in Sept. & Oct. to approximately 2,500 residents Temecula Auto Mall Marquee Race for the Cure listing runs approximately once every 4.5 minutes $ 450 $3,115 TOTAL: $10,865 Event Name: Date(s) of Event: Event Times (##:##-##:##): Event Location: ATTACHMENT 2 TEMECULA COMMUNITY SERVICES DISTRICT EVENT/ACTIVITY PLANNING WORKSHEET Komen Race for the Cure Sunday, October 21, 2012 7:00 am - 10:00 am Promenade MaII Description of Service DIRECT COSTS Economic Development Sponshorship Funding Total Direct Costs INDIRECT COSTS Budget Actual Under/(Over) 22,500.00 22,500.00 22,500.00 22,500.00 $ $ $ Advertising/Marketing/Promotions 10,865.00 10,865.00 Event Information shall be provided on the City's Website, Channel 3, City e -blast and the Temecula Auto Mall Marquee based on cost of marketing media. Total Indirect Costs 10,865.00 10,865.00 STAFFING COSTS/SUPPORT (Automatically Entered) TCSD Staff (From TCSD Staff Costs Worksheet) IT Staff (From IT Staff Costs Worksheet) Public Works Staff (From PW Staff Costs Worksheet) Public Safety Staff (From Public Safety Staff Costs Worksheet) Total Staffing /Support Costs Total Costs REVENUE Ticket Sales from Special Event/Activity (Number of Participants x Fee) Additional Sale Items (One Line Per Item - ie food, booth rental, etc.) Savings Due to Utilization of Volunteers Donations of Proceeds (Subtracted from Revenue) Number of Attendees (Based on the 2011 Race) Prepared By: Date: TCSD Executive Director: Date: Total Revenue Total Subsidy 1,970.67 11,800.00 13,770.67 1,970.67 11,800.00 13,770.67 47,135.67 47,135.67 $ $ $ (47,135.67) (47,135.67) 12,859 12,859.00 Cost per Attendee (3.67) Reviewed By: Date: City Manager: Date: R:\SMITHB\Budget\Cost Recovery Process\TCSD Program Cost Worksheet_Upd.xlsxSummary Item No. 7 Approvals City Attorney Chief Financial Officer City Manager 07-ef- go r, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 25, 2012 SUBJECT: Agreement for Consultant Services for the Citywide Pavement Rehabilitation Program for Fiscal Year 2012-13, PW12-12 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer - CIP RECOMMENDATION: 1. Approve the Agreement for Consultant Services with Hall & Foreman, Inc. in an amount not to exceed $220,570 for the development of rehabilitation strategies and the preparation of the Plans, Specifications, and Estimate for the Citywide Pavement Rehabilitation Program for Fiscal Year 2012-13, PW12-12; 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $22,057, which is equal to 10% of the agreement amount. BACKGROUND: In Fiscal Year 2010-11 the City Council approved appropriations to support a Citywide Pavement Rehabilitation Program that would initiate the recommended maintenance activities indicated in the previously completed Pavement Management System (PMS). Utilizing the PMS, staff selected several locations for repair based on economy of scale and available construction budget. These projects were designed; some were completed, others are under construction and the rest will go to construction during this fiscal year. To continue the efforts of rehabilitating City streets, the current Capital Improvement Program Budget includes funds to initiate the design of the next street segments to be repaired. The selected locations will be based on the PMS, economy of scale, opportunities presented by other projects in the vicinity and the available construction budget. The Department of Public Works solicited proposals (RFP 183) from qualified consultants to develop rehabilitation strategies and prepare the construction plans for the improvements. On August 23, 2012, the City received 10 proposals. These proposals were reviewed and ranked by a selection panel. The results are shown below. Rank Consultant 1 Hall & Foreman, Inc. 2 Harris & Associates 3 David Evans & Associates 4 Wildan Engineering 5 Kabbara Engineering 6 KOA Engineering 7 APA Engineering 8 TKE Engineering, Inc. 9 Adkan Engineering 10 Urban Logic Consultants, Inc. The selection panel identified Hall & Foreman, Inc. of Temecula, California as the most qualified consultant. Hall & Foreman, Inc. is a full-service, multi -disciplinary firm specializing in consulting, engineering, and planning services for governmental agencies. They have successfully completed similar projects for various public agencies, including the City of Temecula. Staff negotiated a fair and equitable scope, schedule, and fee for the consultant to develop rehabilitation strategies and prepare the Plans, Specifications, and Estimate. The terms of the agreement provide for the delivery of six construction bid packages (two for Temecula Parkway; one for work within Caltrans right of way and the other for work within City right of way) such that the rehabilitation work can be completed independently. FISCAL IMPACT: This Citywide Pavement Rehabilitation Program is identified in the City's Capital Improvement Program Budget for Fiscal Year 2013-17. The project is funded with Capital Project Reserves and Measure A. Adequate funds are available in the project accounts to fund the agreement amount of $220,570 plus the contingency amount of $22,057 for a total cost of $242,627. ATTACHMENTS: 1. Agreement for Consultant Services 2. Project Description AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND HALL & FOREMAN, INC. CITYWIDE PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2012-13 THIS AGREEMENT is made and effective as of September 25, 2012, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and Hall & Foreman, 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 September 25, 2012, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2013, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one additional year term. In no event shall the contract be extended beyond December 31, 2014. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Ag ree me nt. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.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 riot exceed Two Hundred Twenty Thousand Five Hundred Seventy Dollars and No Cents ($220,570.00) for the total term of this agreement unless additional payment is approved as provided in this Ag ree me nt. 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 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 30 days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of $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 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 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 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 loss 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) bodily injury and property 3) Employer's Liability: One Automobile Liability: One million ($1,000,000) per accident for damage. Worker's Compensation as required by the State of California; million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: 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 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 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 not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but 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 Hall & Foreman, Inc. Attn: Gavin Powell 41951 Remington Avenue, Suite 130 Temecula, CA 92590 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA HALL & FOREMAN, 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: Chuck Washington, Mayor Jon Bourgeois, Executive Vice President ATTEST: By: By: Susan W. Jones, MMC, City Clerk Anthony Terich, Division President — Temecula Division APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Hall & Foreman, Inc. Attn: Gavin Powell 41951 Remington Avenue, Suite 130 Temecula, CA 92590 (951) 294-9300 (951) 294-9301 dpowell(HFinc.com PM Initials: D B Date: EXHIBIT A TASKS TO BE PERFORMED EXHIBIT B PAYMENT RATES AND SCHEDULE Exhibit 'A' Engineering Design Services for Pavement Rehabilitation Projects PW12-11, PW12-12, PW12-13, PW12-14, and PW12-15 Scone of Services The following is a detailed description of the scope of services proposed by HFI's team for the completion of Rehabilitation Projects PW12-11, PW12-12, PW12-13, PW12-14, and PW12-15. HFI has separated the project into four general phases: Project Administration, Preliminary Design, Final Design, and Construction. These phases all consist of various tasks that are further described below. (Note: Tasks are numbered for reference only. Numbering does not necessarily reflect task sequence. Some tasks are performed concurrently.) Note: HFI is fully prepared to provide all deliverables at each stage of completion and in the formats outlined in the City's RFP for this project. Phase A - Project Administration Task 1 - Project Management HFI's designated Project Manager will meet with the City's Project Manager during the design phase for general coordination, discussion, and review of design issues, plan check submittals, and quality control and communication. The Project Manager will be the main point of contact for the duration of the contract providing project controls, coordination, and scheduling of the team. This will include tracking of the project progress, permitting requirements, advising the City of the schedule status and coordination with outside Agencies. This work will include technical reviews of deliverable documents prepared by subconsultants retained for completion of the contract work. Deliverables: Meeting Minutes, Schedule Task 2 — Project Meetings HFI will arrange and conduct a project kickoff meeting at the start of the project. Regular project status meeting will be held to review specific project designs, presentation of critical information, and project status. HFI representatives will attend City/permitting meetings as requested by the City. A total of four (4) meetings, including the project kickoff meeting, are estimated in this proposal. Meetings will be held at the City offices or in the field as necessary to discuss and resolve the project designs and issues. An Agenda will be prepared in advance of each meeting that will include a list of discussion items. HFI representatives will be prepared to discuss the project studies, design and final plan preparation issues. HFI will prepare minutes of each meeting and submit copies for review to the City within one week of the meeting. Deliverables: Meeting Minutes Task 3 - Preparation of Monthly Progress Reports HFI will prepare and submit monthly progress reports summarizing the actual work performed, project issues, and status of the project schedule and budget. At a minimum the reports will reflect the following: • Highlights of Accomplishments • Current Project Status • Actual vs. Scheduled Percentages Complete by Task • Explanation of Schedule Deviations • Utility Coordination and Construction Permitting • Accomplishments Planned for Next Reporting Period Deliverables: Monthly Progress Reports, Project Schedule Updates Hall & Foreman, Inc. Engineering • Planning • Surveying 130047.0000 1 Phase B — Preliminary Design Exhibit 'A' Engineering Design Services for Pavement Rehabilitation Projects PW12-11, PW12-12, PW12-13, PW12-14, and PW12-15 Task 1— Data Collection and Review HFI will compile a comprehensive project data base starting with the documents provided in the RFP and data from the City's GIS. These will be reviewed, catalogued, and then supplemented with record drawings for streets, storm drain, sewer, and water; master plan studies, exhibits, and environmental documents; progress plans for other City projects; right-of-way maps and tract maps for adjacent developments; et.al. HFI will also perform survey research to obtain records of survey, benchmark, and survey control data. A thorough site inspection will be performed to increase our knowledge of the streets existing pavement conditions and traffic patterns. HFI will document the project areas with photographs, which will also be catalogued in the project data base. This task includes the review of record drawings and/or atlas maps provided by the utility providers operating in the area. It should be noted that the City will take the lead on contacting the utility companies and obtaining their record documents. Deliverables: Record Plans, Survey Control, Photo/Video Log Task 2 — Topographic Aerial Mapping / Field Survey HFI survey crews will provide survey control and provide an aerial mapping digital file for use in base plan preparation. The aerial mapping will be completed at 1" = 40' scale with limits extending 20 -ft beyond the public right-of-way. Mapping will include raised medians, striping, curb alignments, and traffic signals and other street facility information to be shown on the project base maps. Additional field survey and verifications will be completed by HFI personnel to locate all at grade utility facilities within the street pavement areas, and at specific locations where concrete repairs may be required. This work would include locating valves, manholes, drainage inlets, utility vaults, survey monuments, traffic loops, utility markings and other street facilities pertinent to the project design. Deliverables: Survey Field Control and Aerial Mapping/Utility Reviews Task 3 — Monument Preservation Survey HFI will perform a records research at the City and County to locate documentation of record monuments within the prescribed project limits. HFI surveyors will complete a field review during preliminary design to locate and verify existing record survey monuments along each project street. HFI will provide a listing of all found monuments to be shown on the project plans and noted for restoration by the Contractor during Construction. Deliverables: Listing of Found Monuments Task 4 — Base Map Preparation HFI will compile the information gathered in the preceding tasks. The compiled information will create the base map that defines the existing conditions of the project site. The base map will be used as the basis for all preliminary and final designs for the project. Deliverables: Base Map Task 5 — Perform Pavement Analysis / Prepare Geotechnical Report HFI has teamed with Leighton to provide the geotechnical services in support of these projects. The geotechnical investigations will identify areas of variable distress levels based on detailed field observations and/or destructive field methods. In preparation for the field exploration, Leighton will prepare traffic control plans and obtain the necessary encroachment permits. Leighton will also notify Underground Service Alert (USA) at least 48 -hours prior to commencing the fieldwork to locate known underground utilities or services where drilling geotechnical borings. • Field Exploration Program • Pavement Survey. A field review/survey of the entire pavement surface within the project streets will be performed for the purpose of identifying distress level and categorizing street sections so that field destructive testing can be effectively planned and appropriate pavement rehabilitation measures can be NIT Hall & Foreman, Inc. Engineering • Planning • Surveying 130047.0000 2 Exhibit 'A' Engineering Design Services for Pavement Rehabilitation Projects PW12-11, PW12-12, PW12-13, PW12-14, and PW12-15 applied. The field review/survey will include the type, severity and extent of distress and other details such as newly placed AC overlay, permanent vertical control features (curbs/sidewalks), and any localized drainage problem. In addition, Leighton will obtain representative photos of street sections and distressed areas for reference and documentation. • AC Coring: This field task will consist of performing 2 AC cores for each street or every —2,000 lineal feet (LF) (total 14 to 15 cores) to determine pavement thicknesses. In addition, representative samples will be obtained, especially in areas suspect of subgrade failure. The cores will be taken along street shoulders/turn lanes or medians to minimize impact on existing traffic. Where needed, traffic control will be provided in accordance with the W.A.T.C.H manual. The cores will be backfilled with the excavated soils and pavement will be patched at the surface with cold -mix asphalt. • Geotechnical Borings: This field exploration will consist of 10 to 15 hollow -stem auger borings (minimum 2 borings per street) drilled within street shoulders/ turn lanes or medians to minimize impact on existing traffic. The borings will extend to at least 5 feet below proposed street subgrade to allow for proper evaluation of existing subgrade soil conditions. At minimum, driven "California" ring -lined samples and/or Standard Penetration Test (SPT) will be taken at subgrade level and 3 feet below existing pavement. Bulk soil samples will also be collected from these borings and transported to the laboratory for further testing. Where needed, traffic control will be provided in accordance with the W.A.T.C.H manual. The borings will be backfilled with the excavated soils and pavement will be patched at the surface with cold -mix asphalt. The above scope of work does not include an assessment of the alignment for the presence of substances that may be considered hazardous. If encountered, the work will be discontinued and the City will be notified for further action. • Laboratory Testing Laboratory tests will be performed on selected, representative soil samples to determine pertinent engineering properties. Tests may include insitu moisture/density, sieve analysis, collapse potential, expansion potential, maximum dry density/optimum moisture content, R -value, and sand equivalent. • Geotechnical Analyses and Report Preparation Geotechnical data analyses will consist of review of existing in-house data and analyses of the collected data by the Geotechnical Engineer. Leighton will prepare a report (5 copies signed by California GE) summarizing the findings and conclusions of the exploration and provide geotechnical parameters for the design and construction of the proposed street improvements. • Assumptions and Exclusions: For the purpose of budget control, the following is assumed for Leighton's work: • The geotechnical investigation does not include an assessment of the site for the presence of substances that may be considered hazardous. • Right -of -access will be provided and coordinated by the City or their representative. • No inclement weather or environmental issues are to preclude drilling. • This project is subject to the Prevailing Wage Law (as applicable). • One Traffic Control and Encroachment Permit Application for each project will be prepared with a No -Fee permit. Deliverables: Geotechnical Report Task 6 — Preliminary Design (50% PS&E) HFI will utilize the base map prepared during Task 4 as a basis for developing a preliminary design for each project. HFI will reviews and incorporate the recommendations from the projects geotechnical report in our design. Hall & Foreman, Inc. Engineering • Planning • Surveying 130047.0000 3 Exhibit 'A' Engineering Design Services for Pavement Rehabilitation Projects PW12-11, PW12-12, PW12-13, PW12-14, and PW12-15 Plans, Specifications, and Estimates (PS&E) will be prepared utilizing the City of Temecula's standard Title Block and in accordance with City guidelines and requirements. Preliminary plans will include all anticipated sheets including a title sheet, detail sheets, street plans, and signing and striping plans. Plans will show limits of work and pavement rehabilitation recommendations. Generation of cross sections and grid intersections are not anticipated, nor are they included with HFI's proposal. These may be provided as an additional service as requested by the City. HFI proposes to provide traffic control and erosion control measures as part of each project's Contract Documents. This is further described under Phase C -Final Design below. Using this strategy will allow the City to realize significant savings during design of the project when compared to generating plan sheets for these tasks. Deliverables: 50% PS&E Task 1— Final Improvement Plans Upon completion of the City's review of the 50% PS&E submittal, HFI will further develop our design into final construction documents for the City's use in bidding each of the projects. Improvement plans will be prepared in accordance with City requirements and guidelines and are anticipated to include: Project PW12-11 — Margarita Road between Temecula Parkway and Rancho California Road • Title Sheet — 1 sheet • Detail Sheet — 1 sheet • Street Improvement Plans — 7 sheets (double plan view) • Signing and Striping Plans — 7 sheets (double plan view) Project PW12-12 — Ynez Road between Jebediah Smith Road and Vallejo Avenue • Title Sheet — 1 sheet • Detail Sheet — 1 sheet • Street Improvement Plans — 3 sheets (double plan view) • Signing and Striping Plans — 3 sheets (double plan view) Project PW12-13 — Temecula Parkway between Bedford Court and Pechanga Parkway • Title Sheet — 1 sheet • Detail Sheet — 1 sheet • Street Improvement Plans — 2 sheets (double plan view) • Signing and Striping Plans — 2 sheets (double plan view) Project PW12-14 — Old Town Front Street between Temecula Parkway and First Street • Title Sheet — 1 sheet • Detail Sheet — 1 sheet • Street Improvement Plans — 2 sheets (double plan view) • Signing and Striping Plans — 2 sheets (double plan view) Project PW12-15 — Overland Drive between Commerce Center Drive and Jefferson Avenue • Title Sheet — 1 sheet • Detail Sheet — 1 sheet • Street Improvement Plans — 1 sheet (plan view only) • Signing and Striping Plans — 1 sheet All plans will provide appropriate detail and instruction to allow construction of the project with the goal of eliminating change orders. This information would include all relevant existing site features, all proposed 1 lir Hall & Foreman, Inc. 130047.0000 Engineering • Planning • Surveying 4 Exhibit 'A' Engineering Design Services for Pavement Rehabilitation Projects PW12-11, PW12-12, PW12-13, PW12-14, and PW12-15 improvements, construction details, construction notes, utility disposition notes, horizontal and vertical control, typical sections, general notes, vicinity map, and all other information required by the City as well as what's necessary to provide appropriate instruction to the contractor for construction of the project. In regards to the signing and striping plans, HFI will prepare such plans to match the striping that exists today. Replacement of traffic signal loops is included. However, an evaluation of existing circulation and/or a traffic analysis is not included with HFI's proposed services. HFI proposes to provide traffic control and erosion control measures as part of each project's technical specifications. This is further described in the following task item below. Using this strategy will allow the City to realize significant savings during design of the project when compared to generating plan sheets for these tasks. Deliverables: Improvement Plans for each Project Task 2 — Construction Specifications / Contract Documents HFI will prepare the technical specifications and bid schedules required for inclusion in the City's standard contract documents. Technical specifications will encompass the work and material required for construction of all five proposed projects. Applicable specifications along with bid schedules will then be separated to include those applicable to each individual project. Bid schedules will be developed and reviewed with the City Project Manager to obtain a consensus on the type, detail, and listing of the work to be completed. Submitted documents will be based on the City's standard boilerplate documents, edited for application to this project. HFI proposes to prepare traffic control specifications for each project. The specifications will outline the specific requirements the Contractor shall follow to phase and provide traffic control for the street rehabilitation. Traffic control phasing exhibits will be included in the Contract Bid documents as necessary to provide direction to the Contractor during construction operations. Erosion Control measures will be provided in the specifications that will provide guidance and direction for implementing Best Management Practices (BMP's) during construction of each project to control sediment and pollution control. Applicable BMP details will also be provided. Deliverables: Technical Specifications and Bid Schedule for each Project Task 3 — Construction Cost Estimates During the course of the project, HFI will prepare three (3) construction cost estimates (50%, 90%, and Final) for each of the five (5) projects. Construction items and quantities will match those items from the Bid Schedule and final contract documents. Deliverables: Construction Cost Estimates for each Project Task 4 — Water Quality Management Plan (WQMP) HFI will prepare a Project Specific Water Quality Management Plan (WQMP) based on the City's WQMP Template. It is the intent to treat 'water quality' flows with a catch basin filter/insert at each of the existing catch basins receiving drainage water from the proposed project area. Calculations will consist of completing the 'Flow Based' BMP calculation worksheets with tributary areas and percent impervious areas derived from aerial imagery and topo maps available from the City's GIS. The project is assumed to qualify under 'Condition A' from Section IV of the City's WQMP Template, and therefore supplemental Hydrologic Calculations are not anticipated, nor are they included with these Scope of Services. A single WQMP will be prepared that encompasses all five projects. Deliverables: WQMP Hall & Foreman, Inc. Engineering • Planning • Surveying 130047.0000 5 Phase D — Construction Phase Exhibit 'A' Engineering Design Services for Pavement Rehabilitation Projects PW12-11, PW12-12, PW12-13, PW12-14, and PW12-15 Task 1— Bid and Construction Support Services HFI is prepared to respond to questions arising from errors/omissions during the bidding and construction process, and assist the City in the preparation of resulting addenda, change orders, or related documents. Deliverables: Addenda (as applicable) Optional Task 1— Caltrans Encroachment Permit Processing If applicable, HFI will process plans with Caltrans. Included in this task will be the preparation and processing of the Caltrans Encroachment Permit, and the response to Caltrans comments during the permit review/processing. Also included are necessary meetings with Caltrans for the processing and approval of the plans and permit. Optional Task 2 — Profile Generation If requested by the City, for an additional fee HFI will include cross-sections at fifty -foot intervals (or as requested by the City) during our field survey. Based on those cross-sections, profile views will be generated for the proposed street improvement plans. Three line profiles would be generated showing existing and finished surface elevations at street centerline, and right and left edges of pavement. Optional Task 3 - Permit Acquisition — Design Services HFI will obtain applicable permits from other public agencies such as Caltrans, County of Riverside, and City of Temecula (as applicable) prior to entering into the public right-of-way to complete our investigation and survey services. Permit applications and work within City jurisdictional areas will be issued as no fee permits. Permits for work within Caltrans and County jurisdictional areas will be paid for by HFI. Hall & Foreman, Inc. Engineering • Planning • Surveying 130047.0000 6 Exhibit 'A' City of Temecula Professional Engineering Design Services for Pavement Rehabilitation of Portions of Margarita Road (PW12-11), Ynez Road (PW12-12), Temecula Parkway (PW12-13), Old Town Front Street (PW12-14), and Overland Drive (PW12-15) Fee Summary Jim I I j♦ _Alm_ Task 1 TASK DESCRIPTION PRINCIPAL PROJECT MANAGER SENIOR PROJECT ENGINEER DESIGN ENGINEER ASSISTANT ENGINEER ADMIN SURVEY MANAGER PROJECT SURVEYOR SURVEY ANALYST 2 -MEN SURVEY DESIGN TOTAL HOURS SUBCONSULTANT COSTS AMOUNT $216 $175 $136 $115 $86 $66 $176 $136 $106 $200 Task 1 - Project Management 24 12 8 44 $ 6,340 Task 2 - Project Meetings 12 12 8 32 $ 4,240 Task 3 - Preparation of Monthly Progress Reports 6 12 4 22 $ 2,930 0 Phase A Subtotal 36 u -7 20 u u 98 $0 $ 13,510 r r ! : u 8 24 ------- 32 20 84 $ 10,020 Task 1 - Data Collection and Review Task 2 - Topographic Aerial Mapping / Field Survey 1 2 4 44 51 $ 20,500 $ 30,365 Task 3 - Monument Preservation Survey 1 1 12 24 38 $ 6,770 Task 4 - Base Map Preparation 4 16 32 32 84 $ 9,260 Task 5 - Pavement Analysis / Geotechnical Report 1 2 8 11 $ 26,500 $ 28,145 Task 6 - Preliminary Design (50% PS&E) 8 34 68 100 84 8 302 $ 36,010 0 Phase B Subtotal 9 50 116 164 136 8 3 $47,000 $ 120,670 Phase C - Final Design At Task la - Margarita Road (PW12-11) Improvement Plans 2 26 52 78 62 220 $ 26,240 Task ib - Ynez Road (PW12-12) Improvement Plans 1 8 16 24 20 69 $ 8,235 Task lc - Temecula Parkway (PW12-13) Improvement Plans 2 12 24 36 28 102 $ 12,290 Task ld - Old Town Front Street (PW 12-14) Improvement Plans 1 8 16 24 20 69 $ 8,235 Task ie - Overland Drive (PW12-15) Improvement Plans 1 2 8 16 12 39 $ 4,606 Task 2 - Construction Specifications! Contract Documents 2 12 28 24 8 74 $ 9,590 Task 3 - Construction Cost Estimates 1 4 12 24 41 $ 5,295 * Task 4 -WQMP 2 18 36 8 64 $ 7,600 0 Phase C Subtotal 1 174.12gIlMr 150 - 8 0 ® 0111 $0 8 81,9341 /Phase D - Construction t -1111r -1111 Task 1 - Bid and Construction Support Services No Fee to City for Reasonable Number of Plan ClarificationsfRF1's due to Errors and/or Omissions. 0 Phase D Subtotal 0 0 0 0 0 0 0 0 0 0 0 $0 8 - DeliverablesfReimbursable Expense $ 4,500 Project Total 19 166 ,—m.BIE 286 •— •j,......... 0 68 1,346 $ 47,000 $ 220,570 Phase E - Optional / Additional Services .1. Jim I I j♦ _Alm_ Task 1 - Caltrans Encroachment Permit Processing Fees to be Generated Upon Request of Subject Additional Services Task 2 - Profile Generation Fees to be Generated Upon Request of Subject Additional Services Task 3 - Permit Acquisition (Design Services) Fees to be Generated Upon Request of Subject Additional Services Phase E Subtotal Fees to be Generated Upon Request of Subject Additional Services * Scope of Services related to Phase 0, Task Item 4 include: Prepare Project Specific Water Quality Management Plan (WQMP) based on the City's WQMP Template. It is the intent to treat 'water quality' flows with a catch basin f'Iter/insert at each of the existing catch basins receiving drainage water from the proposed project area. Calculations will consist of completing the 'Flow Based' BMP calculation worksheets with tributary areas and percent impervious areas derived from aerial imagery and topo maps available from the City's GIS. The project is assumed to qualify under 'Condition A' from Section IV of the City's WQMP Template, and therefore supplemental Hydrologic Calculations are not anticipated, nor are they included with these Scope of Services. A single WQMP will be prepared that encompasses all five projects. Estimated Project Schedule r c c Ni 0 _pM 0 0 c g co to pm M M M M N N N N N N N N M M a7 M M M M M M M M M ; �O S lilt„ a! a a a g a a as R• a i i g.! 5 W $ d 3 3 3 2 f 2 2 3 3 3 3 3 3 3 3 3i. 3 3 r li s N N N N N N N N N N N N N N MM M M M M M M M M M l7 al 0 d W .0 1Z 4 2 ti �a fi $ am • 7a i v g ¢ � 5 a 3 _ m u i6 L a S r _ N 53 0 _ 1 „ ¢ w r a a ▪ t'� 5z F GS a 0 w � V a 0 w w a ¢ W I a ..._ II ( [to j IIV-1 I 7t I 1 p O'LN _1M_ r"__i"__L�n__L� �a �� ��.. I ____AM 1 _._A^ i I�_._J� im__.i� IN .J IR i�[N 1n.. IN Ig ._.. z 3u Exhibit "B" Nur , fall & Foreman, Inc. Engineering ■ Planning ■ Surveying SCHEDULE OF HOURLY BILLING RATES Effective November 1, 2011 OFFICE: Principal $215.00/Hour Project Management (VP/Sr. Proj. Dir./Proj. Dir./Proj. & Survey Mgr) $175.00/Hour Senior Engr./Proj. Eng./Proj. Surveyor/Sr. Designer/Principal Planner $135.00/Hour Staff Engineer $115.00/Hour Designer/Assist. Proj. Mgr/Planner/Survey Analyst $105.00/Hour Junior Engineer/Assist. Engineer $ 85.00/Hour Project Assistant/Expeditor $ 80.00/Hour Administrative $ 65.00/Hour EXPERT WITNESS: Preparation for Depositions/Court Appearances Depositions/Court Appearances FIELD SURVEY: 1 -Person Survey Crew 2 -Person Survey Crew 3 -Person Survey Crew 2-Pcrson High Definition Survey Crew CONSTRUCTION: Resident Engineer Inspector $2 15.00/Hour $350.00/Hour $ l 50.00/Hour $200.00/Hour $245.00/Hour $225.00/Hour $115.00/Hour $105.00/Hour Note I: Client shall pay the cost, plus 15%, for any applicable governmental fees, title company charges, well monuments, outside vendor reproduction costs, in-house reproduction cost, plotting costs, mileage, and delivery or messenger services incurred on Client's behalf. If requested, HFI will provide a computer printout, which details these costs. I IFI does not typically provide any additional back up for these generally nominal expenses as part of our fee. Note 2: In the event Consultant's fee schedule changes due to any increase of costs such as the granting of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement, or increase in the cost of living, during the lifetime of this agreement, a percentage increase shall be applied to all remaining fees and charges to reflect the increased costs. Note 3: The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax is imposed by local, state, or federal authority, upon the services rendered hereunder, such sales and/or use tax shall be in addition to said fee herein, and shall be the full responsibility of the Client. Note 4: Depositions and Court Appearances shall be billed at the above noted rate, with a four (4) hour minimum. 2014-15 2016-17 CITY OF TEMECULA Capital Improvement Program Fiscal Year 2013-17 PAVEMENT REHABILITATION PROGRAM—CITYWIDE Circulation Project Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit / Core Value: This project improves pavement conditions so that the transportation needs of the public, business industry, and government can be met. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: A priority list of rehabilitation projects has been developed. Installations are completed on an ongoing basis. Department: Public Works—Account No. 210.165.655 Level: I Project Cost: Actua Is to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Project Years Cost Administration $ 465,726 $ 500,000 $ 260,000 $ 260,000 $ 260,000 $ 260,000 $ 2,005,726 Construction $3,639,829 $ 8,200,875 $ 4,360,000 $ 4,360,000 $ 4,160,000 $ 4,360,000 $ 29,080,704 Construction $3,676,614 $ 5,737,130 $ 897,711 $ 900,048 $ 901,976 $ 903,470 $ 13, 016,949 Engineering $ 33,759 $ 200,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 833,759 Design $ 363,426 $ 220,000 $ 30,000 $ 30,000 $ 230,000 $ 30,000 $ - $ 903,426 Totals $4,502,740 $9,120,875 $4,800,000 $4,800,000 $4,800,000 $4,800,000 $ - $32,823,615 Actua Is Source of Funds: to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Project Years Cost Capital Project ResenRes $ 826,126 $ 3,383,745 $ 3,902,289 $ 8,112,160 Measure A $3,676,614 $ 5,737,130 $ 897,711 $ 900,048 $ 901,976 $ 903,470 $ 13, 016,949 Unspecified* $ 3,899,952 $ 3,898,024 $ 3,896,530 $ 11,694,506 Total Funding: $4,502,740 $ 9,120,875 $ 4,800,000 $ 4,800,000 $ 4,800,000 $ 4,800,000 $ - $ 32,823,615 Future Operation & Maintenance Costs: 2012-13 2013-14 *Project cannot be constructed until a funding source is identified. 63 2015-16 Item No. 8 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler; Director of Public Works/City Engineer DATE: September 25, 2012 SUBJECT: Purchase and Sale Agreements with the City of Murrieta for French Valley Parkway Interchange — PW02-11 and PW07-04 PREPARED BY: Amer Attar, Principal Engineer RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING FIVE CERTAIN AGREEMENTS ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND THE CITY OF MURRIETA IN CONNECTION WITH THE FRENCH VALLEY PARKWAY/INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS — PROJECT NUMBERS PW02-11 AND PW07-04 2. Authorize the City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, the approval and execution of all documents referenced in the Purchase and Sale Agreements and all escrow instructions; 3. Authorize the Chief Financial Officer to issue a warrant for the sum of $1,082,452 plus escrow fees for deposit with the Escrow Holder, Chicago Title, to complete the transaction. Escrow fees are estimated not to exceed $15,000. BACKGROUND: The City of Temecula, the City of Murrieta and the California Department of Transportation ("Caltrans") have been working cooperatively on the proposed French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements - PW02-11 and PW07-04 ("Proposed Project"). The Proposed Project is identified in the City's Capital Improvement Program for Fiscal Years 2013-17. The Proposed Project would construct a new interchange, French Valley Parkway, at Interstate 15, between the existing Winchester Road (State Route 79 North and the Interstate 15/Interstate 215 junction), along with enhancements to facilitate improved operations on the existing mainline facility. French Valley Parkway would be constructed as a six -lane arterial highway from Jefferson Avenue to Ynez Road. Auxiliary lanes would be provided in both the northbound and southbound directions. The Proposed Project would also construct an up to three -lane collector distributor system parallel to Interstate 15 between the Interstate 15/Interstate 215 confluence and Winchester Road in both the northbound and southbound directions. The collector distributor system will relieve mainline congestion in this area caused by weaving traffic movement. This system would remove large numbers of commuters who are entering and exiting the freeway in this area from the main line which would provide better levels of service to vehicles traveling through this area. The Proposed Project would construct north and southbound on- and off -ramps to Interstate 15 connecting Jefferson Avenue on the west with the extension of Date Street to the east. Phase I of the Proposed Project would construct the new southbound off -ramp at French Valley Parkway and provide a second lane on the Winchester Road southbound off -ramp ("Phase I"). Phase I of the Proposed Project would also construct an auxiliary lane prior to the Winchester Road southbound off -ramp. The 2011 Federal Transportation Improvement Program (FTIP), which was approved on April 19, 2012, identifies Phase I as including the design and construction of French Valley Parkway from the Interstate 15 to Jefferson, the southbound exit ramp, the southbound auxiliary lane from French Valley Parkway to Winchester Road, and the widening of the Winchester Road southbound exit ramp (Project ID # 991202). Pursuant to the current schedule for Phase I, the construction of Phase I commenced in June 2012 and is expected to take approximately 18 months to complete. Phase II of the Proposed Project would construct the remaining improvements described as part of the Proposed Project, including the full French Valley Parkway Overcrossing and Interchange and the C/D system ("Phase II"). Phase II also includes the construction of the design elements, including sound walls, retaining walls, treatment BMPs and landscaping. Design of Phase II was initiated in November 2011 and will take approximately 36 months to complete. If the City is able to obtain the necessary right of way for the Proposed Project, the City estimates that construction of Phase II may start in early 2015 and may take approximately 24 months to complete. This timeline is a rough estimate. The construction of Phase I of the Proposed Project would require the acquisition of five certain real property interests and easements, referred to below as "Subject Properties and Easements," from the City of Murrieta as follows: 1. APN 910-262-005 - Purchase Price $170,000 a. 25,140 square foot (2,335.5 square meters) portion of the Larger Parcel for freeway purposes. b. 4,241 square foot (394 square meters) permanent footing easement for public street purposes. 2. APN 910-262-039 - Purchase Price $105,000 a. 13,871 square foot (1,288.7 square meters) portion of the Larger Parcel for freeway purposes. b. 4,348 square foot (403.9 square meters) permanent footing easement for public street purposes. 3. APN 910-262-043 - Purchase Price $300,000 a. 53,143 square foot (1.23 acres) parcel known as Lot D of Parcel Map 30289 for public street purposes. 4. APN 910-262-045 - Purchase Price $506,927 a. 16,652 square foot (1,547 square meters) portion of the Larger Parcel for freeway purposes. b. 2,397 square foot (222.7 square meters) permanent footing easement for public street purposes. c. 18,514 square foot (1,720 square meters) temporary construction easement to facilitate construction. 5. APN 910-262-047 - Purchase Price $525 a. 91 square foot (8.5 square meters) permanent footing easement for public street purposes. Pursuant to Government Code Section 7267.2, on March 13, 2012, the City Council set just compensation for the Subject Properties and Easements at the fair market value as determined by the City's independent appraiser based on a date of value identified on each appraisal report. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the Subject Properties and Easements rights for the construction of Phase I of the Proposed Project. On May 2, 2012, Buyer personally delivered to Seller written offers to purchase the Subject Properties and Easements interests for public use, namely for Phase I of the Proposed Project. As shown on the attached Purchase and Sale Agreements, City staff and the City of Murrieta negotiated the City's proposed purchase of the Subject Properties and Easements and have reached an agreement, subject to approval of the City Council, for the City's acquisition of the Subject Properties and Easements for the total amount of $1,082,452. The purchase price is within the amount the City Council previously authorized for negotiation and purchase of the Subject Properties and Easements. The City of Murrieta agreed to sell the Subject Properties and Easements. The Environmental Document for the Proposed Project and the Project Report explained that the Proposed Project seeks to reduce the current and projected traffic congestion on the ramps and freeway mainline in the area of the Proposed Project. It seeks to improve safety and operations between Winchester Road and the Interstate 15/Interstate 215 junction. The Proposed Project also seeks to provide alternative vehicular access to Interstate 15 that will also provide operational improvements to the Interstate 15/Winchester Road interchange. Further, the Proposed Project seeks to provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. FISCAL IMPACT: The French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements - PW02-11 and PW07-04 ("Proposed Project") is identified in the City's Capital Improvement Program for Fiscal Years 2013-17. The sources of funds for the Proposed Project include TUMF, Measure A — Local Street and Road and Capital Project Reserves. The acquisition of the Subject Properties and Easements will be paid from funds allocated for Phase I of the Proposed Project. There are sufficient funds in the project account 210.165.719.5700 to cover the acquisition cost of $1,082,452 and escrow fees. ATTACHMENTS: 1. Resolution No. 12- 2. Purchase & Sale Agreements and Exhibits RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING FIVE CERTAIN AGREEMENTS ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND THE CITY OF MURRIETA IN CONNECTION WITH THE FRENCH VALLEY PARKWAY/INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS — PROJECT NUMBERS PW02-11 AND PW07-04 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements - PW02-11 and PW07-04 ("Proposed Project") is identified in the City's Capital Improvement Program for Fiscal Years 2013-17. The Proposed Project would construct a new interchange, French Valley Parkway, at Interstate 15, between the existing Winchester Road (State Route 79 North and the Interstate 15/Interstate 215 junction), along with enhancements to facilitate improved operations on the existing mainline facility. French Valley Parkway would be constructed as a six -lane arterial highway from Jefferson Avenue to Ynez Road. Auxiliary lanes would be provided in both the northbound and southbound directions. The Proposed Project would also construct an up to three -lane collector distributor system parallel to Interstate 15 between the Interstate 15/Interstate 215 confluence and Winchester Road in both the northbound and southbound directions. The collector distributor system will relieve mainline congestion in this area caused by weaving traffic movement. This system would remove large numbers of commuters who are entering and exiting the freeway in this area from the main line which would provide better levels of service to vehicles traveling through this area. The Proposed Project would construct north and southbound on- and off -ramps to Interstate 15 connecting Jefferson Avenue on the west with the extension of Date Street to the east. The Proposed Project is the result of cooperation between the Cities of Temecula and Murrieta and the California Department of Transportation ("Caltrans"). Phase I of the Proposed Project would construct the new southbound off -ramp at French Valley Parkway and provide a second lane on the Winchester Road southbound off -ramp ("Phase I"). Phase I of the Proposed Project would also construct an auxiliary lane prior to the Winchester Road southbound off -ramp. The 2011 Federal Transportation Improvement Program (FTIP), which was approved on April 19, 2012, identifies Phase I as including the design and construction of French Valley Parkway from the Interstate 15 to Jefferson, the southbound exit ramp, the southbound auxiliary lane from French Valley Parkway to Winchester Road, and the widening of the Winchester Road southbound exit ramp (Project ID # 991202). Pursuant to the current schedule for Phase I, the construction of Phase I commenced in June 2012 and is expected to take approximately 18 months to complete. Phase II of the Proposed Project would construct the remaining improvements described as part of the Proposed Project, including the full French Valley Parkway Overcrossing and Interchange and the C/D system ("Phase II"). Phase II also includes the construction of the design elements, including sound walls, retaining walls, treatment BMPs and landscaping. Design of Phase II was initiated in November 2011 and will take approximately 36 months to complete. If the City is able to obtain the necessary right of way for the Proposed Project, the City estimates that construction of Phase II may start in early 2015 and may take approximately 24 months to complete. This timeline is a rough estimate. B. The construction of Phase I of the Proposed Project would require the acquisition of five certain real property interests and easements, referred to below as "Subject Properties and Easements," from the City of Murrieta as follows: 1. APN 910-262-005 - Purchase Price $170,000 a. 25,140 square foot (2,335.5 square meters) portion of the Larger Parcel for freeway purposes. b. 4,241 square foot (394 square meters) permanent footing easement for public street purposes. 2. APN 910-262-039 - Purchase Price $105,000 a. 13,871 square foot (1,288.7 square meters) portion of the Larger Parcel for freeway purposes. b. 4,348 square foot (403.9 square meters) permanent footing easement for public street purposes. 3. APN 910-262-043 - Purchase Price $300,000 a. 53,143 square foot (1.23 acres) parcel known as Lot D of Parcel Map 30289 for public street purposes. 4. APN 910-262-045 - Purchase Price $506,927 a. 16,652 square foot (1,547 square meters) portion of the Larger Parcel for freeway purposes. b. 2,397 square foot (222.7 square meters) permanent footing easement for public street purposes. c. 18,514 square foot (1,720 square meters) temporary construction easement to facilitate construction. 5. APN 910-262-047/Purchase Price $525 a. 91 square foot (8.5 square meters) permanent footing easement for public street purposes. C. Pursuant to Government Code Section 7267.2, on March 13, 2012, the City Council set just compensation for the Subject Properties and Easements at the fair market value as determined by the City's independent appraiser based on a date of value identified on each appraisal report. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the Subject Properties and Easements rights for the construction for the Proposed Project. D. On May 2, 2012, Buyer personally delivered to Seller written offers to purchase the Subject Properties and Easements interests for public use, namely for Phase I of the Proposed Project. E. City staff and the City of Murrieta negotiated the City's proposed purchase of the Subject Properties and Easements and have reached an agreement, subject to approval of the City Council, for the City's acquisition of the Subject Properties and Easements for the total amount of $1,082,452. The purchase price is within the amount the City Council previously authorized for negotiation and purchase of the Subject Properties and Easements. The City of Murrieta agreed to sell the Subject Properties and Easements. Section 2. Approval of Purchase and Sale Agreement. The City Council of the City of Temecula hereby approves these certain agreements entitled "Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Project Numbers PW02-11 AND PW07-04 ("Agreements"), with such changes in the Agreements as may be mutually agreed upon by the City of Murrieta and the City Manager as are in substantial conformance with the form of such Agreements on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreements on behalf of the City. A copy of the final Agreements when executed by the Mayor shall be placed on file in the Office of the City Clerk. This approval of the Agreements is riot an announcement of the City's intent to acquire any other real property interests for the Proposed Project and does riot commit the City to acquire any other real property interests for the Proposed Project. 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 convenient to carry out and implement the Agreements, and to Administer the City's obligations, responsibilities and duties to be performed under the said Agreements, including but not limited to, approval and execution on behalf of the City for right of entry and access agreement, grant deed, acceptances, escrow instructions, certificates, and other similar agreements and documents as contemplated by or described in the Agreements or as necessary and convenient to implement the Agreements. Section 4. Environmental Analysis. The Environmental Document for the Proposed Project and the Project Report explained that the Proposed Project seeks to reduce the current and projected traffic congestion on the ramps and freeway mainline in the area of the Proposed Project. It seeks to improve safety and operations between Winchester Road and the Interstate 15/Interstate 215 junction. The Proposed Project also seeks to provide alternative vehicular access to Interstate 15 that will also provide operational improvements to the Interstate 15NVinchester Road interchange. Further, the Proposed Project seeks to provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. Section 5. 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 25th day September of, 2012. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) Chuck Washington, Mayor 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 25th day of September, 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 JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND THE CITY OF MURRIETA IN CONNECTION WITH THE FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS — PROJECT NUMBER PW02-11 AND PW07-04 This Purchase and Sale Agreement Between the City of Temecula and City of Murrieta and Joint Escrow Instructions in connection with the French Valley Parkway / Interstate 15 Overcrossing and Interchange Improvements — Project Numbers PW02-11 and PW07-04 ("Agreement") is dated and entered into as of , 2012 ("effective date") by and between CITY OF MURRIETA, a municipal corporation ("Seller") and the CITY OF TEMECULA, a municipal corporation ("Buyer" or "City"), and constitutes an agreement to purchase and sell real property between the parties and the parties' joint escrow instructions directed to Chicago Title ("Escrow Holder"). RECITALS A. Seller is the record fee owner of certain real property, which is identified as Riverside County Assessor's Parcel Number 910-262-005 ("Larger Parcel"). The Larger Parcel is also known as Parcel 19 of Parcel Map 23561-2 in the City of Murrieta, County of Riverside, as per Map recorded in Book 168 of Parcel Maps, Pages 71 to 73, inclusive, in the Official Records of the County of Riverside. B. On May 2, 2012, Buyer personally delivered to Seller a written offer to purchase certain real property interests from the Larger Parcel pursuant to Government Code Section 7267.2 for a public use, namely for the City's proposed French Valley Parkway / Interstate 15 Overcrossing and Interchange Improvements — Project Numbers PW02-11 and PW07-04 ("Proposed Project"). Specifically, the City offered to purchase in fee an approximate 25,140 square foot (2,335.5 square meters) portion of the Larger Parcel for freeway purposes in connection with the Proposed Project. The City also offered to purchase and approximate 4,241 square foot (394 square meters) permanent footing easement for public street purposes and all uses necessary and convenient thereto in connection with the Proposed Project. The approximate 25,140 square foot fee portion of the Larger Parcel is described on Exhibit "A" hereto labeled "Legal Description Fee Grant for Freeway Purposes" and is depicted on Exhibit "B" hereto labeled "Exhibit B Fee Grant for Freeway Purposes", which Exhibits are incorporated herein by this reference. The approximate 4,241 square foot permanent footing easement is described on Exhibit "A" hereto labeled "Legal Description Permanent Footing Easement" and is depicted on Exhibit "B" hereto labeled "Exhibit B Permanent Footing Easement", which Exhibits are incorporated herein by this reference. The approximate 25,140 square foot fee portion of the Larger Parcel and the approximate 4,241 square foot permanent footing easement are referred to below collectively as the "Property." Seller has accepted the City's offer to purchase the Property. C. The City seeks to acquire the Property for a public use, namely for public street purposes and all uses necessary or convenient thereto in connection with the Proposed Project. The Proposed Project would construct a new interchange, French Valley Parkway, at Interstate 15, between the existing Winchester Road (State Route 79 North and the Interstate 15 / Interstate 215 junction, along with enhancements to facilitate improved operations on the existing mainline facility. French Valley Parkway would be constructed as a six -lane arterial highway from Jefferson Avenue to Ynez Road. Auxiliary lanes would be provided in both the northbound and southbound directions. The Proposed Project would also construct an up to three -lane collector distributor system parallel to Interstate 15 between the Interstate 15 / Interstate 215 confluence and Winchester Road in both the northbound and southbound directions. The collector distributor system will relieve mainline congestion in this area caused by weaving traffic movement. This system would remove large numbers of commuters who are entering and exiting the freeway in this area from the main line which would provide better levels of service to vehicles traveling through this area. The Proposed Project would construct north and southbound on- and off -ramps to Interstate 15 connecting Jefferson Avenue on the west with the extension of Date Street to the east. The Proposed Project is the result of cooperation between the Cities of Temecula and Murrieta and the California Department of Transportation ("Caltrans"). D. Phase I of the Proposed Project would construct the new southbound off - ramp at French Valley Parkway and provide a second lane on the Winchester Road southbound off -ramp ("Phase I"). Phase I of the Proposed Project would also construct an auxiliary lane prior to the Winchester Road southbound off -ramp. The 2011 Federal Transportation Improvement Program (FTIP), which was approved on April 19, 2012, identifies Phase I as including the design and construction of French Valley Parkway from the Interstate 15 to Jefferson, the southbound exit ramp, the southbound auxiliary lane from French Valley Parkway to Winchester Road, and the widening of the Winchester Road southbound exit ramp (Project ID # 991202). Pursuant to the current schedule for Phase I, the construction of Phase I commenced in June 2012 and is expected to take -approximately 18 months to complete. E. Phase II of the Proposed Project would construct the remaining improvements described as part of the Proposed Project, including the full French Valley Parkway Overcrossing and Interchange and the C/D system ("Phase II"). Phase II also includes the construction of the design elements, including sound walls, retaining walls, treatment BMPs and landscaping. Design of Phase II was initiated in November 2011 and will take approximately 36 months to complete. If the City is able to obtain the necessary right of way for the Proposed Project, the City estimates that construction of Phase II may start in early 2015 and may take approximately 24 months to complete. This timeline is a rough estimate. F. The Environmental Document for the Proposed Project and the Project Report explained that the Proposed Project seeks to reduce the current and projected traffic congestion on the ramps and freeway mainline in the area of the Proposed Project. It seeks to improve safety and operations between Winchester Road and the Interstate 15 / Interstate 215 Junction. The Proposed Project also seeks to provide alternative vehicular access to Interstate 15 that will also provide operational improvements to the Interstate 15 / Winchester Road interchange. Further, the Proposed Project seeks to provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. G. The Property is necessary for the construction of Phase I of the Proposed Project. H. The parties acknowledge that the City is authorized to acquire real Page 2 property by eminent domain for a public use, including public street purposes and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecula by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law). The parties also acknowledge that the Proposed Project is a public use for which Buyer has the authority to exercise the power of eminent domain. The parties further acknowledge that the City Council of the City of Temecula, as the City's governing body, has sole discretion to make the findings required by Code of Civil Procedure Section 1240.030 for the adoption of a resolution of necessity pursuant to the Eminent Domain Law. (Code of Civil Procedure Section 1245.220). If Seller and the City had not reached an agreement for the City's purchase of the Property, City staff would have recommended to the City Council that it consider the adoption of a resolution of necessity authorizing the initiation of eminent domain proceedings to acquire the Property in accordance with the Eminent Domain Law. The City Council however has the exclusive and sole discretion to adopt a resolution of necessity. The adoption of any such resolution of necessity would require the City's compliance with the Eminent Domain Law and with Chapter 9 of the Caltrans Right of Way Manual. I. Seller desires to sell, and Buyer desires to buy, the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt of which is hereby acknowledged, Buyer and Seller agree to the following: 1. Purchase and Sale. On the Close of Escrow (as defined in Section 2 below), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions set forth in this Agreement. 2. Opening and Close of Escrow. Within five business days after the Effective Date of this Agreement, the City will deliver a fully executed copy of this Agreement to Escrow Holder. For purposes of this Agreement, Opening of Escrow means the date on which Escrow Holder receives a fully executed copy of this Agreement from Buyer and Seller. The parties can execute the Agreement in counterparts as set forth in Section 20.e. below. Close of Escrow means the date on which the Grant Deed and the Grant of Easement described below in Section 6 are delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow will occur after the performance of all duties and obligations under this Escrow that are required to take place prior to Close of Escrow. The Close of Escrow will be on the date that is not later than the first business day occurring 30 days after the Opening of Escrow. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever will be solely that of Seller. 3. Purchase Price. The total purchase price that Buyer will pay to Seller for the Property is the sum of $170,000 for the fair market value of the land and improvements comprising the Property (referred to below as the "Purchase Price"). No attempt has been made to assign value to the lesser interest in the Property, including any leasehold estate. Thus, the Purchase Price is the total price for the Property without distinction or separation for various interests that may be held in the Property. Seller wilt Page 3 be responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to Buyer and Seller. Escrow Holder will insure Buyer's fee interest in the approximate 25,140 square foot fee portion of the Property and Buyer's easement interest in the approximate 4,241 square foot permanent footing easement portion of the Property, which are described above in Section A and on Exhibit "A" hereto labeled "Legal Description Fee Grant for Freeway Purposes" and depicted on Exhibit "B" hereto labeled "Exhibit B Fee Grant for Freeway Purposes" and on Exhibit "A" hereto labeled "Legal Description Permanent Footing Easement" and depicted on Exhibit "B" hereto labeled "Exhibit B Permanent Footing Easement", respectively, at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance (or an ALTA Extended Coverage Policy if Buyer elects such coverage as provided below in Section 4.c.) in the amount of the Purchase Price (the "Policy"). Buyer will pay for the cost of the Policy. a. The Policy provided for pursuant to this Section will insure Buyer's interest in the Property free and clear of all liens, encumbrances, restrictions, and rights- of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): i. Real property taxes for the current tax fiscal year that are not due and payable. ii. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and iii. Those non -monetary exceptions approved by Buyer within ten business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow will thereupon terminate, all funds deposited therein will be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement will have no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller will use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement will thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee interest in the approximate 25,140 square foot fee portion of the Property and Buyer's easement interest in the approximate 4,241 square foot permanent footing easement portion of the Property will be free and clear of all monetary encumbrances. b. The parties recognize that Buyer's approval of the Permitted Title Exceptions is subject to approval by Caltrans. Page 4 c. Buyer will have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form Owners Policy of Title Insurance. In such event, Buyer will, at its expense, procure an ALTA survey. Buyer will pay the cost of any such ALTA Extended Coverage Form Policy of Title Insurance. 5. Deposit. Buyer covenants and agrees to deposit the Purchase Price with Escrow Holder within 15 business days after the date this Agreement is fully executed by the parties. 6. Grant Deed and Grant of Easement. Seller covenants and agrees to deposit with Escrow Holder within 15 business days after the date this Agreement is fully executed by the parties, (i) the Grant Deed ("Grant Deed") duly executed and acknowledged by Seller, granting and conveying to Buyer the approximate 25,140 square foot portion of the Property in fee; and (ii) the Grant of Easement ("Grant of Easement") conveying to Buyer the approximate 4,241 square foot permanent footing easement portion of the Property. The form of Grant Deed and the form of the Grant of Easement are attached as Exhibit "C" and Exhibit "D", respectively, to this Agreement and are incorporated in this Agreement by this reference. Buyer will accept said executed Grant Deed and Grant of Easement prior to recording. 7. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: a. Escrow Holder can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering the Property, so that the Property will be free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from Seller regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Property. b. City will have deposited with Escrow Holder the Purchase Price and Escrow Charges. c. Escrow Holder will have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for below in Section 12; and d. Seller will have deposited in Escrow the executed Grant Deed as required by Section 6 and the estoppel certificate required by Section 12.e. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 8. Escrow Charges and Prorations. Page 5 a. Buyer will pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance (or at Buyer's option the ALTA Extended Coverage Policy), Escrow Costs and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer will pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow fails to close through no fault of either party, Buyer will pay all Escrow cancellation charges. b. Taxes and assessments will be apportioned and prorated for the Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if Buyer were vested with fee title to the Property during the entire day upon which Close of Escrow occurs. If taxes and assessments for the current year have not been paid before the Close of Escrow, Seller will be charged at the Close of Escrow an amount equal to that portion of such taxes and assessments that relates to the period before the Close of Escrow and Buyer will pay the taxes and assessments prior to their becoming delinquent. Any such apportionment made with respect to a tax year for which the tax rate or assessed valuation, or both, have not yet been fixed will be based upon the tax rate and/or assessed valuation last fixed. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the Close of Escrow, the parties will make all necessary adjustments by appropriate payments between themselves following the Close of Escrow. Seller will pay all delinquent taxes and assessments (and any penalties therein) for periods prior to the Close of Escrow, if any, affecting the Property. c. All prorations will be determined on the basis of a 365 -day year. 9. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow: a. That to the best of Seller's knowledge (i) on the Close of Escrow the Property will be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations. Seller will indemnify and hold Buyer harmless for a breach of this warranty and representations provided Buyer notifies Seller within three years from the Closing Date. i. The Purchase Price of the Property reflects the fair market value of the Property without the presence of contamination. If the Property is found to be contaminated by the presence of hazardous waste that requires mitigation under federal or state law within three years from the Closing Date, the City may elect to recover its cleanup costs from those who caused or contributed to the contamination. b. That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Page 6 Seller will not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. • c. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the Property to Buyer, violates or will violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. d. Except as disclosed in the title commitment referred to in Section 4, there are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such written or oral leases or contractual rights or options to lease, purchase or otherwise enjoy possession, rights or interest of any nature in and to the Property, or any part thereof. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal that involves the Property. 10. Representations and Warranties of Buyer. Buyer hereby represents and warrants to the Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. Buyer has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. Buyer has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein. c. Neither this Agreement nor anything to be provided to be done hereunder, including acquisition of the Property by Buyer, violates or shall violate, any contract, instrument, partnership agreement, trust agreement, or any other agreement to which Buyer is a party, and which affects the Property or any part thereof, and the purchase of the Property herein contemplated does not require the consent of any party not a signatory hereto. d. This section will survive the Close of Escrow. Page 7 11. City's Full Payment of Purchase Price. a. It is understood and agreed between Seller and Buyer that the City's payment to Seller of the Purchase Price set forth in this Agreement, is the full and complete consideration and payment of just compensation for the City's acquisition of all real property interests pertaining to the Property, and specifically includes, but is not limited to, just compensation for the land comprising the Property and all improvements on the Property, claims arising in connection with or out of the Buyer's acquisition of the Property or the Project for which the Buyer is acquiring the Property, claims for severance and other damages, inverse condemnation, or any other damages of every kind and nature suffered by the Seller by reason of the City's acquisition of the Property or the Proposed Project for which the City is acquiring the Property, and all costs and expenses whatever in connection therewith. b. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller's successors and assigns, fully releases Buyer, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of Buyer's efforts to acquire the Property or any preliminary steps thereto. Seller further releases and agrees to hold Buyer harmless from any and all claims and causes of action by reason of any leasehold interest in the Property. c. Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the d • tor." Seller's Initials: Buyer's Initials: d. This Section will survive the Close of Escrow 12. Buyer's Contingencies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property will be contingent upon and subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. Page 8 b. The delivery to Escrow Holder of all documents pursuant to Sections 6 and 12.e. of this Agreement. c. Title Company's commitment to issue in favor of Buyer CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's fee interest in the approximate 25,140 square foot fee portion of the Property and Buyer's easement interest in the approximate 4,241 square foot permanent footing easement portion of the Property subject only to the Permitted Title Exceptions. d. Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property that Buyer might perform prior to the Close of Escrow. e. Seller's obtaining and delivering to Escrow an estoppel certificate from the Association for the Rancho Silverado Business Park certifying that the Property and Seller are not in default under any obligations under any conditions, covenants or restrictions encumbering the Property pursuant to the Declaration of Covenants, Conditions and Restrictions for Rancho Silverado Business Park an Industrial/Commercial Business Park recorded on March 12, 1986 as Instrument Number 57354 of Official Records of the County of Riverside, and any and all amendments to said Declaration of Protective Covenants. 13. Certain Definitions. a. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by- product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(0(3); and any other substance or material regulated by any Environmental Laws. b. The term `Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the Page 9 National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 14. Evidence in Court Proceeding. The parties agree that the total Purchase Price of $170,000 or any inference of per square foot value of the Property based on said Purchase Price will not be admissible as evidence of the fair market value of the Property in any eminent domain or other proceeding or litigation concerning the Property. 15. Certification of Non -Foreign Status. Seller agrees to deliver to Escrow a certification of Non -Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 16. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non -defaulting party will have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non -defaulting party, Buyer will thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non -defaulting party will be without prejudice to the non -defaulting party's rights and remedies at law or equity. 17. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Escrow Holder. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: BUYER: City of Temecula, a Municipal Corporation 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: Robert C. Johnson, City Manager COPY TO: Richards, Watson & Gershon Page 10 Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue 40th Floor Los Angeles, California 90071-3101 SELLER: City of Murrieta, a Municipal Corporation C/O Patrick Thomas, Dir. of Public Works 1 Town Square 24601 Jefferson Avenue Murrieta, California 92562 ESCROW Chicago Title HOLDER: One Better World Circle Temecula, California 92590 Telephone No. (909) 676-3695 Fax No. (951) 587-3795 18. Further Documents. Each party will, wherever and as often as it shall be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to complete the sale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement. 19. Amendments. Any amendments to this Agreement will be effective only when duly executed by both Buyer and Seller and deposited with Escrow Holder. 20. Miscellaneous. a. Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter of this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person who is not contained herein will be valid or binding on Seller or Buyer. c. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. Page 11 d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. e. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile signatures will be deemed to be original signatures, and will be followed by the delivery of the original signature pages by U.S. Mail. f. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. g. Interpretation and Construction. The parties agree that each party has reviewed this Agreement and that each have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. h. Destruction of Property Prior to Close of Escrow. If the Property is materially destroyed by fire, earthquake or other calamity without the fault of either party before the Close of Escrow, the City, in its sole discretion, may rescind this Agreement. In any such event, the City may reappraise the Property and make an offer based on any such appraisal. i. Exhibits. The exhibits attached hereto are incorporated in this Agreement by reference herein. 21. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees from the other party. 22. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. Page 12 23. Assignment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation will not relieve Buyer of any of its obligations under this Agreement. Signatures on Next Page Page 13 • IN WITNESS WHEREOF, this Agreement is effective as of the day and year first written above. SELLER CITY OF MURRIETA, a Municipal Corporation Dated: embex 4ao t APPROVED AS TO CONTENT: Director of Public Works/ City Engineer APPROVED AS TO FORM: Leslie E. Devaney, City rney ATTEST: IQ(. ii J...._ ay Vi i' •'ty Clerk BUYER CITY OF TEMECULA, a Municipal Corporation Dated: ATTEST: Susan W. Jones, MMC, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney DB By: Chuck Washington, Mayor Page 14 EXHIBIT "A" LEGAL DESCRIPTION OF 25,140 SQUARE FOOT FEE PARCEL EXHIBIT "A" SHEET 1 OF 1 LEGAL DESCRIPTION Fee Grant for Freeway Purposes That portion of Parcel 19 of Parcel Map 23561-2, in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 168 of Parcel Maps, Pages 71 to 73, inclusive, in the Office of the County Recorder of said County described as follows: BEGINNING at the most easterly corner of said Parcel 19; thence South 48° 00' 27" West, 50.731 meters (166.44 feet) along the southeasterly line of said Parcel 19 to the most southerly corner of said Parcel 19; thence North 42° 25' 16" West, 18.545 meters (60.84 feet) along the southwesterly line of said Parcel 19; thence North 48° 03' 26" East, 9.001 meters (29.53 feet); thence North 18° 30' 04" East, 21.533 meters (70.65 feet); thence North 33° 40' 58" West, 27.497 meters (90.21 feet) to the beginning of a curve concave northeasterly having a radius of 100.130 meters (328.51 feet); thence northwesterly, 14.602 meters (47.91 feet) through a central angle of 08° 21' 20" to the northwesterly line of said Parcel 19; thence North 52° 10' 40" East, 21.977 meters (72.10 feet) along said northwesterly line to the northeasterly line of said Parcel 19; thence South 37° 48' 40" East; 50.676 meters (166.26 feet) along said northeasterly line to the beginning of a curve concave southwesterly having a radius of 198.103 meters (649.94 feet); thence southeasterly, 18.596 meters (61.01 feet) along said curve and along said northeasterly line through a central angle of 05° 22' 42" to the POINT OF BEGINNING. Containing approximately 2335.5 square meters (25,140 square feet), more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights including access rights, appurtenant to grantor's remaining property, in and to said freeway. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in above description by 1.00008509 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. ames L. EIli tt, L.S. 6334 Affects APN 910-262-005 L: \2003\03015\MAPPING \kgals\Fee parce119.DOC OND cs a N3.6334OF CAt"- [7 Date EXHIBIT "B" [Insert Map Depicting 25,140 Square Foot Parcel] l/ C9 SCALE 1:1000 L13 L14 L15 L18 CITY OF MURRIETA COUNTY OF RIVERSIDE STATE OF CALIFORNIA 6,=5022142" R=198.103m (649.94') L=18.596m (61.01') C15 Cs=8°21' 20" R=100.130m (328.51') L=14.602m (47.91') 3.048m (10') WIDE PRIVATE DRAIN EASEMENT PER P.M.B. 168/71-73 N42°25'16"W N48°03'26"E N18° 30' 04"E N33°40' 58"W 18.545m 9.001m 21.533m 27.497m 60.84' 29.53' 70.65' 90.21' CITY OF MURRIETA 0 0 O N N52°10'40"E 57.349m (188.15') A� Ao\ 14 -21.977m in (72.10') v 0o lC) s MOST S'LY COR PAR 19 m N48°00'27"E 50.731m (166.44') CITY OF TEMECULA N 48°03'26" E PROP/ Q FRENCH VALL Y PARKWAY J6 11 PARCEL MAP NO. 23561-2 P.M.B. 168/71_73 N 52°1§'44" E 89.055m 292.17') R=167.62 (549.95____63/-6557: 595¢ is•03 McCABE � �. COURT ��216 5�; 43?T. 816.014m (2677.20') 19 THE BEARINGS AND DISTANCES ARE BASED ON CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, MULTIPLY ALL DISTANCES BY 1.00008509 TO OBTAIN GROUND LEVEL DISTANCES. P.O.B. MOST E'LY COR PAR 19 N69°45'19"E 23.088m (75.75') EXHIBIT "B" SHEET 1 OF 1 [N:- Iti 3LJ 1N O ' It --co v v o E° ti Z OM r- 04 in 15.239m (50.00') �� 0 0 7 A. 62 A. 111111J INDICATES NO RIGHTS OF ACCESS Associated Engineers, Inc. 3311 EAST SHELBY STREET ONTARIO, CA . 91764 TEL. (909) 980-1982 FAX: (909) 941-0891 AREA 2,335.5 SM 25,140 SF FEE GRANT FOR FREEWAY PURPOSES AFFECTS PARCEL 19, P.M.B. 168/71-73 APN: 910-262-005 L:\2003\03015\MAPPING\Plats\ plat _19_fee.dgn EXHIBIT "A" LEGAL DESCRIPTION OF 4,241 SQUARE FOOT PERMANENT FOOTING EASEMENT EXHIBIT "A" SHEET 1 OF 1 LEGAL DESCRIPTION Permanent Footing Easement That portion of Parcel 19 of Parcel Map 23561-2, in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 168 of Parcel Maps, Pages 71 to 73, inclusive, in the Office of the County Recorder of said County described as follows: COMMENCING at the most southerly corner of said Parcel 19; thence North 42° 25' 16" West, 18.545 meters (60.84 feet) along the southwesterly line of said Parcel 19 to the POINT OF BEGINNING; thence continuing along said southwesterly line, North 42° 25' 16" West, 5.170 meters (16.96 feet); thence North 48° 03' 26" East, 7.680 meters (25.20 feet); thence North 18° 30' 04" East, 16.372 meters (53.71 feet); thence North 33° 40' 58" West, 25.742 meters (84.46 feet) to the beginning of a curve concave northeasterly having a radius of 106.300 meters (348.75 feet); thence northwesterly, 14.137 meters (46.38 feet) through a central angle of 07° 37' 11" to the northwesterly line of said Parcel 19; thence North 52° 10' 40" East, 6.311 meters (20.71 feet) along said northeasterly line to the beginning of a non -tangent curve concave northeasterly having a radius of 100.130 meters (328.51 feet), a radial to said point bears South 64°40'22" West; thence southeasterly, 14.602 meters (47.91 feet) along said curve through a central angle of 08° 21' 20"; thence South 33° 40' 58" East, 27.497 meters (90.21 feet); thence South 18° 30' 04" West, 21.533 meters (70.65 feet); thence South 48° 03' 26" West, 9.001 meters (29.53 feet) to the POINT OF BEGINNING. Containing approximately 394.0 square meters (4,241 square feet), more or Tess. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in above description by 1.00008509 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. -� 4,4 mes L. El o t, L.S. 6334 Affects APN 910-262-005 L: \2003 \03015\M A P PI NG\kg°Is\E smtpa rce119. DOC oci Date EXHIBIT "B" [INSERT MAP DEPICTING 4,241 SQUARE FOOT PERMANENT FOOTING EASEMENT] is/ C9 SCALE 1:1000 CITY OF MURRIETA COUNTY OF RIVERSIDE STATE OF CALIFORNIA A=05°22'42" R=198.103m (649.94') L=18.596m (61.01') C10 A=07°37'11" R=106.300m (348.75') L=14.137m (46.38') C15 A=08°21'20" R=100.130m (328.51') L=14.602m (47.91') CITY OF TEMECULA L3 L4 L5 L12 L13 L15 L18 L19 L20 N48°03'26"E N18°30'04"E N33°40'58"W N42°25'16"W N42°25'16"W N48°03'26"E N18°30'04"E N33°40'58"W N52°10'40"E N52°10'40"E 7.680m (25.20') 16.372m (53.71') 25.742m (84.46') 5.170m 18.545m 9.001m 21.533m 27.497m 29.061m 6.311m 60.84' 29.53' 70.65' 90.21' 95.34' 20.71' N52°10'40"E 57.349m (188.15') L19 FOOTING ESMT. 6.170m (20.24' L3 `POB In J \,A w1 J R/W MOST S'LY COR PAR 19 N48°00'27"E 50.731m (166.44') 00 E '.0 ti 4.0 0 rn N 48°03'26" E ! 816.014m CITY LIMITS PROP FRENCH --- VALL Y PARKWAY (2677.20') 1-1 PARCEL MAP NO. 23561-2 P.M.B. 168/71-73 N 89 0551 (29217 m .') � E COURT CITY OF TEMECULA 12 R'167 62 --�� (549 51 4=-17-%,--3-E77 7, �)m 43 P.O.B. MOST E'LY COR PAR 19 EXHIBIT "B" SHEET I OF 1 / !,:..r. : liN ,571) 'M M° NI n 3, 4v • CV: 160 Oz In -15.239m (50.00') J>� THE BEARINGS AND DISTANCES ARE N69°45'19"E BASED ON CALIFORNIA COORDINATE 23.088m (75.75') SYSTEM OF 1983, ZONE 6, MULTIPLY ALL DISTANCES BY 1.00008509 TO OBTAIN GROUND LEVEL DISTANCES. Associated Engineers, Inc. 3311 EAST SHELBY STREET ONTARIO, CA . 91764 TEL. (909) 980-1982 FAX: (909) 941-0891 AREA 394.0 SM 4,241 SF PERMANENT FOOTING EASEMENT AFFECTS PARCEL 19, P.M.B. 168/71-73 APN: 910-262-005 L,\2003\03015\MAPPING\Plats\plat_19_esmt.dgn EXHIBIT "C" FORM OF GRANT DEED Exhibit "C" Form of Grant Deed RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WI-IEN RECORDED RETURN TO: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Recording Fee: Exempt pursuant to Government Code §§ 6103 and 27383 [SPACE ABOVE FOR RECORDER'S USE ONLY] Portions of APN 910-262-005 No Documentary Transfer Taxes Due: See Revenue & Taxation § 11922 and Government Code § 6103 GRANT DEED TIIE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF MURRIETA, a municipal corporation ("GRANTOR") hereby grants to the CITY OF TEMECULA, a municipal corporation ("GRANTEE") in fee the approximate 25,140 square foot (2,335.5 square meters) portion ("Property") of the real property located in the City of Murrieta, County of Riverside, California known as Parcel 19 of Parcel Map 23561-2, in the City of Murrieta, County of Riverside, as per Map recorded in Book 168 of Parcel Maps, Pages 71 to 73, inclusive, in the Official Records of the County of Riverside, which is identified as Riverside County Assessor's Parcel Number 910-262-005. The Property is described more particularly in Exhibit "A" and depicted on Exhibit "B" to this Grant Deed. Exhibits "A" and "B" are incorporated in this Grant Deed by this reference. In WITNESS WHEREOF, GRANTOR has executed this Grant Deed as of the date set forth below: GRANTOR CITY OF MURRIETA, a municipal corporation Dated: By: Douglas McAllister, Mayor STATE OF CALIFORNIA COUNTY OF Exhibit "C" Form of Grant Deed }ss. } On , before me, a 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 (This arca for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged Exhibit "C" Form of Grant Deed CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT' DEED (Govt. Code § 27281) (APN 910-262-005) This is to certify that the approximate 25,140 square foot (2,335.5 square meters) portion of the real property located in the City of Murrieta, County of Riverside, California known as Parcel 19 of Parcel Map 23561-2, in the City of Murrieta, County of Riverside, as per Map recorded in Book 168 of Parcel Maps, Pages 71 to 73, inclusive, in the Official Records of the County of Riverside, and identified as Riverside County Assessor's Parcel Number 910-262-005, which is granted in fee to the City of Temecula pursuant to the attached Grant Deed, is hereby accepted under the authority of the City Council of the City of Temecula and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: City of Temecula By: Robert C. Johnson, City Manager ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: Peter M. Thorson, City Attorney Exhibit "C" Form of Grant Deed EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY EXHIBIT "A" SHEET 1 OF 1 LEGAL DESCRIPTION Fee Grant for Freeway Purposes That portion of Parcel 19 of Parcel Map 23561-2, in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 168 of Parcel Maps, Pages 71 to 73, inclusive, in the Office of the County Recorder of said County described as follows: BEGINNING at the most easterly corner of said Parcel 19; thence South 48° 00' 27" West, 50.731 meters (166.44 feet) along the southeasterly line of said Parcel 19 to the most southerly corner of said Parcel 19; thence North 42° 25' 16" West, 18.545 meters (60.84 feet) along the southwesterly line of said Parcel 19; thence North 48° 03' 26" East, 9.001 meters (29.53 feet); thence North 18° 30' 04" East, 21.533 meters (70.65 feet); thence North 33° 40' 58" West, 27.497 meters (90.21 feet) to the beginning of a curve concave northeasterly having a radius of 100.130 meters (328.51 feet); thence northwesterly, 14.602 meters (47.91 feet) through a central angle of 08° 21' 20" to the northwesterly line of said Parcel 19; thence North 52° 10' 40" East, 21.977 meters (72.10 feet) along said northwesterly line to the northeasterly line of said Parcel 19; thence South 37° 48' 40" East; 50.676 meters (166.26 feet) along said northeasterly line to the beginning of a curve concave southwesterly having a radius of 198.103 meters (649.94 feet); thence southeasterly, 18.596 meters (61.01 feet) along said curve and along said northeasterly line through a central angle of 05° 22' 42" to the POINT OF BEGINNING. Containing approximately 2335.5 square meters (25,140 square feet), more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights including access rights, appurtenant to grantor's remaining property, in and to said freeway. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in above description by 1.00008509 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Ili+tt, L.S. 6334 Affects APN 910-262-005 L;\2003\03015\MAPPING\legals\Fee parce119.DOC Date Exhibit "C" Form of Grant Deed EXHIBIT "B" CITY OF MURRIETA COUNTY OF RIVERSIDE STATE OF CALIFORNIA C9 A=5°22'42" SCALE I :1000 R=198.103m (649.94') L=18.596m (61.01') C15 A=8°21120" R=100.130m (328.51') L=14.602m (47.91') 3.048m (10') WIDE PRIVATE DRAIN EASEMENT PER P.M.B. 168/71-73 L13 N42°25116"W 18.545m 60.84') L14 N48°03'26"E 9.001m 29.53' L15 N18°30'04"E 21.533m 70.65' L18 N33°40'58"W 27.497m 90.21', CITY OF MURRIETA CITY OF TEMECULA 0 0 0 N E 0 ti re; N in 0 1 M z N52°10'40"E 57.349m (188.15') 21.977m io (72.10') 14 5 V OO -J Jc) R/W MOST S'LY COR PAR 19 N48°00'27"E 50.731m (166.44') EXHIBIT "B" SHEET 1 OF 1 U 15.239m / (50.00') N 48°03'26" E PROP FRENCH VALL Y PARKWAY Jb / J j PARCEL MAP NO. 23561-2 P.M.B. 168/71_73 816.014m J8 (2677.20') P.O.B. MOST E'LY COR PAR 19 v UN • 41) IJ A. 89 0N 52°141'44"Em ---_ 292.17') �E McCABET COURT R=167.62 171 (549.95 4,17o2s 4• ?l THE BEARINGS AND DISTANCES ARE BASED ON CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, MULTIPLY ALL DISTANCES BY 1.00008509 TO OBTAIN GROUND LEVEL DISTANCES. N69° 45119"E 23.088m (75.75') (y, 1 111JJ INDICATES NO RIGHTS OF ACCESS Associated Engineers, Inc. 3311 EAST SHELBY STREET ONTARIO, CA . 91764 TEL. (909) 980-1982 FAX: (909) 941-0891 AREA 2,335.5 SM 25,140 SF FEE GRANT FOR FREEWAY PURPOSES AFFECTS PARCEL 19, P.M.B. 168/71-73 APN: 910-262-005 L:\2003\03015\MAPPING\Plats\ olat_19_fee.dan EXHIBIT "D" FORM OF GRANT OF EASEMENT Exhibit "D" Form of Grant Of Permanent Easement RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Recording Fee: Exempt pursuant to Government Code §§ 6103 and 27383 [SPACE ABOVE FOR RECORDER'S USE ONLY] Portions of APN 910-262-005 No Documentary Transfer Taxes Due: See Revenue & Taxation § 11922 and Government Code § 6103 GRANT OF PERMANENT EASEMENT THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: GRANTOR CITY OF MURRIETA, a municipal corporation ("GRANTOR") is the record fee owner of the real property located in the City of Murrieta, County of Riverside, California known as Parcel 19 of Parcel Map 23561-2, in the City of Murrieta, County of Riverside, as per Map recorded in Book 168 of Parcel Maps, Pages 71 to 73, inclusive, in the Official Records of the County of Riverside, which is identified as Riverside County Assessor's Parcel Number 910-262-005 ("Property"). GRANTOR desires to grant to the CITY OF TEMECULA, a municipal corporation, located in the County of Riverside, State of California ("GRANTEE") and GRANTEE desires to acquire from GRANTOR an approximate 4,241 square foot (394 square meters) Permanent Footing Easement ("Permanent Footing Easement") on the Property for public street purposes and all uses necessary or convenient thereto in connection with the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements (Project Numbers PS -2-11 and PW07-04). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE the approximate 4,241 square foot (394 square meters) Permanent Footing Easement on the Property for public street purposes and all uses necessary or convenient thereto. The approximate 4,241 square foot (394 square meters) Permanent Footing Easement is described more particularly on Exhibit "D" Form of Grant Of Permanent Easement Exhibit "A" and depicted on Exhibit "B" to this Grant of Permanent Easement. Exhibits "A" and "B" are incorporated in this Grant of Permanent Easement by this reference. In WITNESS WHEREOF, GRANTOR has executed this Grant of Permanent Easement as of the date set forth below: GRANTOR CITY OF MURRIETA, a municipal corporation Dated: By: Douglas McAllister, Mayor Exhibit "D" Form of Grant Of Permanent Easement STATE OF CALIFORNIA COUNTY OF } ss. } On , before me, a 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 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged Exhibit "D" Form of Grant Of Permanent Easement CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT OF PERMANENT EASEMENT (Govt. Code § 27281) (APN 910-262-005) This is to certify that the approximate 4,241 square foot (394 square meters) Permanent Footing Easement on the real property located in the City of Murrieta, County of Riverside, California known as Parcel 19 of Parcel Map 23561-2, in the City of Murrieta, County of Riverside, as per Map recorded in Book 168 of Parcel Maps, Pages 71 to 73, inclusive, in the Official Records of the County of Riverside, and identified as Riverside County Assessor's Parcel Number 910-262-005, which is granted to the City of Temecula pursuant to the attached Grant of Permanent Easement, is hereby accepted under the authority of the City Council of the City of Temecula and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: City of Temecula By: Robert C. Johnson, City Manager ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: Peter M. Thorson, City Attorney Exhibit "D" Form of Grant Of Permanent Easement EXHIBIT "A" LEGAL DESCRIPTION OF PERMANENT FOOTING EASEMENT EXHIBIT "A" SHEET 1 OF 1 LEGAL DESCRIPTION Permanent Footing Easement That portion of Parcel 19 of Parcel Map 23561-2, in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 168 of Parcel Maps, Pages 71 to 73, inclusive, in the Office of the County Recorder of said County described as follows: COMMENCING at the most southerly corner of said Parcel 19; thence North 42° 25' 16" West, 18.545 meters (60.84 feet) along the southwesterly line of said Parcel 19 to the POINT OF BEGINNING; thence continuing along said southwesterly line, North 42° 25' 16" West, 5.170 meters (16.96 feet); thence North 48° 03' 26" East, 7.680 meters (25.20 feet); thence North 18° 30' 04" East, 16.372 meters (53.71 feet); thence North 33° 40' 58" West, 25.742 meters (84.46 feet) to the beginning of a curve concave northeasterly having a radius of 106.300 meters (348.75 feet); thence northwesterly, 14.137 meters (46.38 feet) through a central angle of 07° 37' 11" to the northwesterly line of said Parcel 19; thence North 52° 10' 40" East, 6.311 meters (20.71 feet) along said northeasterly line to the beginning of a non -tangent curve concave northeasterly having a radius of 100.130 meters (328.51 feet), a radial to said point bears South 64°40'22" West; thence southeasterly, 14.602 meters (47.91 feet) along said curve through a central angle of 08° 21' 20"; thence South 33° 40' 58" East, 27.497 meters (90.21 feet); thence South 18° 30' 04" West, 21.533 meters (70.65 feet); thence South 48° 03' 26" West, 9.001 meters (29.53 feet) to the POINT OF BEGINNING. Containing approximately 394.0 square meters (4,241 square feet), more or Tess. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in above description by 1.00008509 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. 6" mes L. El o t, L.S. 6334 Affects APN 910-262-005 LA2003\03015 DOC -/ - Date Exhibit "D" Form of Grant Of Permanent Easement EXHIBIT "B" (DEPICTION OF PERMANENT FOOTING EASEMENT) C9 SCALE 1:1000 CITY OF MURRIETA COUNTY OF RIVERSIDE STATE OF CALIFORNIA A=05°22'42" R=198.103m (649.94') L=18.596m (61.01') C10 L=07°37'11" R=106.300m (348.75') L=14.137m (46.38') C15 A=08°21'20" R=100.130m (328.51') L=14.602m (47.91') CITY OF TEMECULA L3 L4 L5 L12 L13 L14 L15 L18 L19 L20 N48°03'26"E N18°30'04"E N33°40'58"W N42°25'16"W N42°25'16"W N48°03'26"E N18°30'04"E N33°40'58"W N52°10'40"E N52°10'40"E 7.680m (25.20') 16.372m (53.71') 25.742m (84.46' 5.170m 16.96' 18.545m 60.84' 9.001m 29.53' 21.533m 70.65' 27.497m 90.21' 29.061m 95.34' 6.311m 20.71' N 48°03'26" E CITY LIMITS PROP FRENCH VALL Y PARKWAY 57.349m (188.15') L19 ,ls►7.T 10 _ID NI ol^ tri 0 oo N52° 10'40"E FOOTING ESMT. 6.170m (20.24') J99 L3 N c0 co E c0 ti c0 6 t!) EXHIBIT "B" SHEET 1 OF 1 R/W MOST S'LY COR PAR 19 N48°00'27"E 50.731m (166.44') 15.239m / (50.00') rn (2677.20') P.O.B. MOST E'LY COR PAR 19 Ja � 1l PARCEL MAP NO. 23561-2 P.M.B. 168/71-73 - 292.17') MCCABE: COURT THE BEARINGS AND DISTANCES ARE R.z167 (- (5..9513 51 4=77 -0 -2I -,-3-E.77: 1. q3 ��i l c, / 4° ���Q 1" Q A. N 89 055m 52°18'44"Eo BASED ON CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, MULTIPLY ALL DISTANCES BY 1.00008509 TO OBTAIN GROUND LEVEL DISTANCES. N69°45'19"E 23.088m (75.75') Associated Engineers, Inc. 3311 EAST SHELBY STREET ONTARIO, CA . 91764 TEL. (909) 980-1982 FAX: (909) 941-0891 AREA 394.0 SM 4,241 SF PERMANENT FOOTING EASEMENT AFFECTS PARCEL 19, P.M.B. 168/71-73 APN: 910-262-005 1:\2(1f3\ 3nl \UAPPW(:\Pln+A\nlnt IQ acmt_rinn PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND THE CITY OF MURRIETA IN CONNECTION WITH THE FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS — PROJECT NUMBERS PW02-11 AND PW07-04 This Purchase and Sale Agreement Between the City of Temecula and City of Murrieta and Joint Escrow Instructions in connection with the French Valley Parkway / Interstate 15 Overcrossing and Interchange Improvements — Project Numbers PW02-11 and PW07-04 ("Agreement") is dated and entered into as of , 2012 ("effective date") by and between CITY OF MURRIETA, a municipal corporation ("Seller") and the CITY OF TEMECULA, a municipal corporation ("Buyer" or "City"), and constitutes an agreement to purchase and sell real property between the parties and the parties' joint escrow instructions directed to Chicago Title ("Escrow Holder"). RECITALS A. Seller is the record fee owner of certain real property, which is commonly known and identified as Riverside County Assessor's Parcel Number 910-262-039 ("Larger Parcel"). The Larger Parcel is also known as Parcel 4 of Parcel Map 30289 in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 203 of Parcel Maps, Pages 32 to 35, inclusive, in the Official Records of the County of Riverside. B. On May 2, 2012, Buyer personally delivered to Seller a written offer to purchase certain real property interests from the Larger Parcel pursuant to Government Code Section 7267.2 for a public use, namely for the City's proposed French Valley Parkway / Interstate 15 Overcrossing and Interchange Improvements — Project Numbers PW02-11 and PW07-04 ("Proposed Project"). Specifically, the City offered to purchase in fee an approximate 13,871 square foot (1288.7 square meters) portion of the Larger Parcel for freeway purposes in connection with the Proposed Project. The City also offered to purchase an approximate 4,348 square foot (403.9 square meters) permanent footing easement for public street purposes and all uses necessary and convenient thereto in connection with the Proposed Project. The approximate 13,861 square foot fee portion of the Larger Parcel is described on Exhibit "A" hereto labeled "Legal Description Fee Grant for Freeway Purposes" and is depicted on Exhibit "B" hereto labeled "Fee Grant for Freeway Purposes", which Exhibits are incorporated herein by this reference. The approximate 4,348 square foot permanent footing easement is described on Exhibit "A" hereto labeled "Legal Description Permanent Footing Easement" and is depicted on Exhibit "B" hereto labeled "Permanent Footing Easement", which Exhibits are incorporated herein by this reference. The approximate 13,861 square foot fee portion of the Larger Parcel and the approximate 4,348 square foot permanent footing easement are referred to below collectively as the "Property". Seller has accepted the City's offer to purchase the Property. C. The City seeks to acquire the Property for a public use, namely for public street purposes and all uses necessary or convenient thereto in connection with the Proposed Project. The Proposed Project would construct a new interchange, French Valley Parkway, at Interstate 15, between the existing Winchester Road (State Route 79 North and the Interstate 15 / Interstate 215 junction, along with enhancements to facilitate improved operations on the existing mainline facility. French Valley Parkway would be constructed as a six -lane arterial highway from Jefferson Avenue to Ynez Road. Auxiliary lanes would be provided in both the northbound and southbound directions. The Proposed Project would also construct an up to three -lane collector distributor system parallel to Interstate 15 between the Interstate 15 / Interstate 215 confluence and Winchester Road in both the northbound and southbound directions. The collector distributor system will relieve mainline congestion in this area caused by weaving traffic movement. This system would remove large numbers of commuters who are entering and exiting the freeway in this area from the main line which would provide better levels of service to vehicles traveling through this area. The Proposed Project would construct north and southbound on- and off -ramps to Interstate 15 connecting Jefferson Avenue on the west with the extension of Date Street to the east. The Proposed Project is the result of cooperation between the Cities of Temecula and Murrieta and the California Department of Transportation ("Caltrans"). D. Phase I of the Proposed Project would construct the new southbound off - ramp at French Valley Parkway and provide a second lane on the Winchester Road southbound off -ramp ("Phase I"). Phase I of the Proposed Project would also construct an auxiliary lane prior to the Winchester Road southbound off -ramp. The 2011 Federal Transportation Improvement Program (FTIP), which was approved on April 19, 2012, identifies Phase I as including the design and construction of French Valley Parkway from the Interstate 15 to Jefferson, the southbound exit ramp, the southbound auxiliary lane from French Valley Parkway to Winchester Road, and the widening of the Winchester Road southbound exit ramp (Project ID # 991202). Pursuant to the current schedule for Phase I, the construction of Phase I commenced in June 2012 and is expected to take -approximately 18 months to complete. E. Phase II of the Proposed Project would construct the remaining improvements described as part of the Proposed Project, including the full French Valley Parkway Overcrossing and Interchange and the C/D system ("Phase II"). Phase II also includes the construction of the design elements, including sound walls, retaining walls, treatment BMPs and landscaping. Design of Phase II was initiated in November 2011 and will take approximately 36 months to complete. If the City is able to obtain the necessary right of way for the Proposed Project, the City estimates that construction of Phase II may start in early 2015 and may take approximately 24 months to complete. This timeline is a rough estimate. F. The Environmental Document for the Proposed Project and the Project Report explained that the Proposed Project seeks to reduce the current and projected traffic congestion on the ramps and freeway mainline in the area of the Proposed Project. It seeks to improve safety and operations between Winchester Road and the Interstate 15 / Interstate 215 Junction. The Proposed Project also seeks to provide alternative vehicular access to Interstate 15 that will also provide operational improvements to the Interstate 15 / Winchester Road interchange. Further, the Proposed Project seeks to provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. G. The Property is necessary for the construction of Phase I of the Proposed Project. H. The parties acknowledge that the City is authorized to acquire real property by eminent domain for a public use, including public street purposes and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecula by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law). The parties also acknowledge that the Proposed Project is a public use for which Buyer has the authority to exercise the power of eminent domain. The parties further acknowledge that the City Council of the City of Temecula, as the City's governing body, has sole discretion to make the findings required by Code of Civil Procedure Section 1240.030 for the adoption of a resolution of necessity pursuant to the Eminent Domain Law. (Code of Civil Procedure Section 1245.220). If Seller and the City had not reached an agreement for the City's purchase of the Property, City staff would have recommended to the City Council that it consider the adoption of a resolution of necessity authorizing the initiation of eminent domain proceedings to acquire the Property in accordance with the Eminent Domain Law. The City Council however has the exclusive and sole discretion to adopt a resolution of necessity. The adoption of any such resolution of necessity would require the City's compliance with the Eminent Domain Law and with Chapter 9 of the Caltrans Right of Way Manual. I. Seller desires to sell, and Buyer desires to buy, the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt of which is hereby acknowledged, Buyer and Seller agree to the following: 1. Purchase and Sale. On the Close of Escrow (as defined in Section 2 below), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions set forth in this Agreement. 2. Opening and Close of Escrow. Within five business days after the Effective Date of this Agreement, the City will deliver a fully executed copy of this Agreement to Escrow Holder. For purposes of this Agreement, Opening of Escrow means the date on which Escrow Holder receives a fully executed copy of this Agreement from Buyer and Seller. The parties can execute the Agreement in counterparts as set forth in Section 20.e. below. Close of Escrow means the date on which the Grant Deed and Grant of Easement described below in Section 6 are delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow will occur after the performance of all duties and obligations under this Escrow that are required to take place prior to Close of Escrow. The Close of Escrow will be on the date that is not later than the first business day occurring 30 days after the Opening of Escrow. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever will be solely that of Seller. 3. Purchase Price. The total purchase price that Buyer will pay to Seller for the Property is the sum of $105,000 for the fair market value of the land and improvements comprising the Property (referred to below as the "Purchase Price"). No attempt has been made to assign value to the lesser interest in the Property, including any leasehold estate. Thus, the Purchase Price is the total price for the Property without distinction or separation for various interests that may be held in the Property. Seller will be responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to Buyer and Seller. Escrow Holder will insure Buyer's fee title to the approximate 13,871 square foot fee portion of the Property and Buyer's easement interest in the approximate 4,348 square foot permanent footing easement, which are described above in Section A and on Exhibit "A" hereto labeled "Legal Description Fee Grant for Freeway Purposes" and depicted on Exhibit "B" hereto labeled "Fee Grant for Freeway Purposes" and on Exhibit "A" hereto labeled "Legal Description Permanent Footing Easement" and depicted on Exhibit "B" hereto labeled "Permanent Footing Easement", respectively, at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance (or an ALTA Extended Coverage Policy if Buyer elects such coverage as provided below in Section 4.c.) in the amount of the Purchase Price (the "Policy"). Buyer will pay for the cost of the Policy. a. The Policy provided for pursuant to this Section will insure Buyer's fee interest in the approximate 13,871 square foot fee portion of the Property and Buyer's easement interest in the approximate 4,348 square foot permanent footing easement portion of the Property free and clear of all liens, encumbrances, restrictions, and rights- of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): i. Real property taxes for the current tax fiscal year that are not due and payable. ii. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and iii. Those non -monetary exceptions approved by Buyer within ten business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow will thereupon terminate, all funds deposited therein will be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement will have no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller will use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement will thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee interest in the approximate 13,871 square foot fee portion of the Property and Buyer's easement interest in the approximate 4,348 square foot permanent footing easement portion of the Property will be free and clear of all monetary encumbrances. b. The parties recognize that Buyer's approval of the Permitted Title Exceptions is subject to approval by Caltrans. c. Buyer will have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form Owners Policy of Title Insurance. In such event, Buycr will, at its expense, procure an ALTA survey. Buyer will pay the cost of any such ALTA Extended Coverage Form Policy of Title Insurance. 5. Deposit. Buyer covenants and agrees to deposit the Purchase Price with Escrow Holder within 15 business days after the date this Agreement is fully executed by the parties. 6. Grant Deed and Grant of Easement. Seller covenants and agrees to deposit with Escrow Holder within 15 business days after the date this Agreement is fully executed by the parties, (i) the Grant Deed ("Grant Deed") duly executed and acknowledged by Seller, granting and conveying to Buyer the approximate 13,871 square foot portion of the Property in fee; and (ii) the Grant of Easement conveying to Buyer the approximate 4,348 square foot permanent footing easement. The forms of the Grant Deed and Grant of Easement are attached as Exhibits "C" and "D", respectively, to this Agreement and are incorporated in this Agreement by this reference. Buyer will accept said executed Grant Deed and Grant of Easement prior to recording. 7. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: a. Escrow Holder can issue in favor of Buyer the Policy, showing Buyer's fee interest in the approximate 13,871 square foot fee portion of the Property and Buyer's easement interest in the approximate 4,348 square foot permanent footing easement portion of the Property subject only to the Permitted Title Exceptions. Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering the Property, so that the Property will be free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from Seller regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Property. b. City will have deposited with Escrow Holder the Purchase Price and Escrow Charges. c. Escrow Holder will have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for below in Section 12; and d. Seller will have deposited in Escrow the executed Grant Deed and executed Grant of Easement as required by Section 6 and the estoppel certificate required by Section 12.e. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed and the Grant of Easement. 8. Escrow Charges and Prorations. a. Buyer will pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance (or at Buyer's option the ALTA Extended Coverage Policy), Escrow Costs and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer will pay for recording the Grant Deed, the Grant of Easement, and any documentary or other local transfer taxes, and any other recording fees. If the Escrow fails to close through no fault of either party, Buyer will pay all Escrow cancellation charges. b. Taxes and assessments will be apportioned and prorated for the approximate 13,871 square foot fee portion of the Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if Buyer were vested with fee title to the Property during the entire day upon which Close of Escrow occurs. If taxes and assessments for the current year have not been paid before the Close of Escrow, Seller will be charged at the Close of Escrow an amount equal to that portion of such taxes and assessments that relates to the period before the Close of Escrow and Buyer will pay the taxes and assessments prior to their becoming delinquent. Any such apportionment made with respect to a tax year for which the tax rate or assessed valuation, or both, have not yet been fixed will be based upon the tax rate and/or assessed valuation last fixed. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the Close of Escrow, the parties will make all necessary adjustments by appropriate payments between themselves following the Close of Escrow. Seller will pay all delinquent taxes and assessments (and any penalties therein) for periods prior to the Close of Escrow, if any, affecting the approximate 13,871 square foot fee portion of the Property. c. All prorations will be determined on the basis of a 365 -day year. 9. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow: a. That to the best of Seller's knowledge (i) on the Close of Escrow the Property will be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations. Seller will indemnify and hold Buyer harmless for a breach of this warranty and representations provided Buyer notifies Seller within three years from the Closing Date. i. The Purchase Price of the Property reflects the fair market value of the Property without the presence of contamination. If the Property is found to be contaminated by the presence of hazardous waste that requires mitigation under federal or state law within three years from the Closing Date, the City may elect to recover its cleanup costs from those who caused or contributed to the contamination. b. That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller will not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. c. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the Property to Buyer, violates or will violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. d. Except as disclosed in the title commitment referred to in Section 4, there are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, Iosses, charges, fees, including attorney fees, arising from or relating to any such written or oral leases or contractual rights or options to lease, purchase or otherwise enjoy possession, rights or interest of any nature in and to the Property, or any part thereof. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal that involves the Property. 10. Representations and Warranties of Buyer. Buyer hereby represents and warrants to the Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. Buyer has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. Buyer has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein. c. Neither this Agreement nor anything to be provided to be done hereunder, including acquisition of the Property by Buyer, violates or shall violate, any contract, instrument, partnership agreement, trust agreement, or any other agreement to which Buyer is a party, and which affects the Property or any part thereof, and the purchase of the Property herein contemplated does not require the consent of any party not a signatory hereto. 11. City's Full Payment of Purchase Price. a. It is understood and agreed between Seller and Buyer that the City's payment to Seller of the Purchase Price set forth in this Agreement, is the full and complete consideration and payment of just compensation for the City's acquisition of all real property interests pertaining to the Property, and specifically includes, but is not limited to, just compensation for the land comprising the Property and all improvements on the Property, claims arising in connection with or out of the Buyer's acquisition of the Property or the Project for which the Buyer is acquiring the Property, claims for severance and other damages, inverse condemnation, or any other damages of every kind and nature suffered by the Seller by reason of the City's acquisition of the Property or the Proposed Project for which the City is acquiring the Property, and all costs and expenses whatever in connection therewith. b. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller's successors and assigns, fully releases Buyer, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of Buyer's efforts to acquire the Property or any preliminary steps thereto. Seller further releases and agrees to hold Buyer harmless from any and all claims and causes of action by reason of any leasehold interest in the Property. c. Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Seller's Initials: Buyer's Initials: d. This Section will survive the Close of Escrow 12. Buyer's Contingencies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property will be contingent upon and subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. b. The delivery to Escrow Holder of all documents pursuant to Sections 6 and 12.e. of this Agreement. c. Title Company's commitment to issue in favor of Buyer CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's fee interest in the approximate 13,871 square foot portion of the Property and Buyer's easement interest in the approximate 4,348 square foot permanent footing easement subject only to the Permitted Title Exceptions. d. Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property that Buyer might perform prior to the Close of Escrow. e. Seller's obtaining and delivering to Escrow an estoppel certificate from the Association for the Rancho Silverado Business Park certifying that the Property and Seller are not in default under any obligations under any conditions, covenants or restrictions encumbering the Property pursuant to the Declaration of Covenants, Conditions and Restrictions for Rancho Silverado Business Park an Industrial/Commercial Business Park recorded on March 12, 1986 as Instrument Number 57354 of Official Records of the County of Riverside, and any and all amendments to said Declaration of Protective Covenants. 13. Certain Definitions. a. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by- product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(0(3); and any other substance or material regulated by any Environmental Laws. b. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 14. Evidence in Court Proceeding. The parties agree that the total Purchase Price of $105,000 or any inference of per square foot value of the Property based on said Purchase Price will not be admissible as evidence of the fair market value of the Property in any eminent domain or other proceeding or litigation concerning the Property. 15. Certification of Non -Foreign Status. Seller agrees to deliver to Escrow a certification of Non -Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 16. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non -defaulting party will have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non -defaulting party, Buyer will thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non -defaulting party will be without prejudice to the non -defaulting party's rights and remedies at law or equity. 17. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Escrow Holder. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: BUYER: City of Temecula, a Municipal Corporation 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: Robert C. Johnson, City Manager COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue 40th Floor Los Angeles, California 90071-3101 SELLER: City of Murrieta, a Municipal Corporation C/O Patrick Thomas, Dir. of Public Works 1 Town Square 24601 Jefferson Avenue Murrieta, California 92562 ESCROW Chicago Title HOLDER: One Better World Circle Temecula, California 92590 Telephone No. (909) 676-3695 Fax No. (951) 587-3795 18. Further Documents. Each party will, wherever and as often as it shall be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to complete the sale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement. 19. Amendments. Any amendments to this Agreement will be effective only when duly executed by both Buyer and Seller and deposited with Escrow Holder. 20. Miscellaneous. a. Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter of this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person who is not contained herein will be valid or binding on Seller or Buyer. c. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. e. Counterparts. This Agreement may be executed simultaneously in one or more countcrparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile signatures will be deemed to be original signatures, and will be followed by the delivery of the original signature pages by U.S. Mail. f. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. g. Interpretation and Construction. The parties agree that each party has reviewed this Agreement and that each have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. h. Destruction of Property Prior to Close of Escrow. If the Property is materially destroyed by fire, earthquake or other calamity without the fault of either party before the Close of Escrow, the City, in its sole discretion, may rescind this Agreement. In any such event, the City may reappraise the Property and make an offer based on any such appraisal. i. Exhibits. `I'he exhibits attached hereto are incorporated in this Agreement by reference herein. 21. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees from the other party. 22. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. 23. Assignment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation will not relieve Buyer of any of its obligations under this Agreement. Signatures on Next Page IN WITNESS WHEREOF, this Agreement is effective as of the day and year first written above. SELLER CITY OF MURRIETA, a Municipal Corporation � Dated: be, ?ft rrrl7e 4 . O t APPROVED AS TO CONTENT: Director of Public Works/ City Engineer APPROVED AS TO FORM: Les ie E. P evaney, City orf torney ATTEST: BUYER CITY OF TEMECULA, a Municipal Corporation Dated: ATTEST: Susan W. Jones, MMC, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney DB cAllister, Mayor By: Chuck Washington, Mayor EXHIBIT "A" LEGAL DESCRIPTION OF 13,871 SQUARE FOOT FEE PARCEL EXHIBIT "A" SHEET 1 OF 1 LEGAL DESCRIPTION Fee Grant for Freeway Purposes That portion of Parcel 4 of Parcel Map 30289, in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 203 of Parcel Maps, Pages 32 to 35, inclusive, in the Office of the County Recorder of said County described as follows: COMMENCING at the most southerly comer of said Parcel 4; thence North 52°10'40" East, 35.372 meters (116.05 feet) along the southeasterly line of said Parcel 4 to the POINT OF BEGINNING; said point being the beginning of a non -tangent curve concave easterly having a radius of 100.130 meters (328,51 feet), a radial to said point bears South 64°40'22" West; thence northerly along said curve 64.461 meters (211.49 feet) through a central angle of 36°53'08"; thence North 11°33'30" East, 6.135 meters (20.13 feet) to the northeasterly line of said Parcel 4; thence South 37°48'40" East, 53.309 meters (174.90 feet) along said northeasterly line to the southeasterly line of said Parcel 4; thence along said southeasterly line the following three (3) courses: South 52°11'18" West, 15.239 meters (50.00 feet); South 37°48'40" East, 5.028 meters (16.50 feet); South 52°10'40" West, 21.977 meters (72.10 feet) to the POINT OF BEGINNING. Containing approximately 1288.7 square meters (13,871 square feet), more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights including access rights, appurtenant to grantor's remaining property, in and to said freeway. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in above description by 1.00008509 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. James L. Nott, L.S. 6334 Affects APN 910-262-039 L:\2003\03015\MAPPING\legafs\FeeParce 4,DOC Date EXHIBIT "B" [Insert Map Depicting 13,871 Square Foot Fee Parcel] SCALE 1:1000 CURVE DATA: CITY OF MURRIETA COUNTY OF RIVERSIDE STATE OF CALIFORNIA N47°58'26"E 1 A=10°40'12" C11 R=140.501m (R=460.96') L=26.165m (L=85.84 ) A=09°58'58" C12 R=30.477m (R=99.99') L=5.310m (L=17.42 ) A=65°41'58" C13 R=26.820m (R=87.99') L=30.754m (L=100.90 ) A-=36°53'08" C19 R=100.130m (R=328.51') L=64.461m (L=211.49') A=13°22'33" C20 R=26.820m (R=87.99') L=6.261m (L=20.54') A=04°20'14" C23 R=140.501m (R=460.96') L=10.636m (L=34.89') LINE DATA: "8"7'35"EL10 12.575m (41.26') N52°11'18"E L16 15.239m (50.00') N11°33'30"E L23 6.135m (20.13') N37°48'40"W L26 5.028m (16.50') A= 10°40'12" R=152.387m LR289379m ) AUTO lliJ J LU U CC CL O U O 64092m N5` 8°~'38"E g518gm'1 C12 � 3.048m (10') WIDE �• DRAIN EASEMENT PER P.M.B. 203/32-35 crO r- o o 0E 03. v ,in O °0 CO COv E :~- 0 M 0 N 1 PROPOSED R/W 1 `r II PARCEL MAP ?� NO. 30289 P.M.B. 203/32-35 PARCEL 4 MOST S'LY COR PAR 4 P.O.B. (116.05') 35.372m EXHIBIT "B" SHEET 1 OF 1 013 0 N 00 M° N N �) Z 39' PRIVATE EASEMENT TO CITY OF MURRIETA 0 2003-2432058 °0 14.758m (48.42') N52°10'40"E 21.977m / 1(188.15') �,) I N52°10'40'1E1 57.349m PQ I rL ft" CoW • Qa L16 0 W PROP Q FRENCH VALLEY PARKWAY I NOTE: 1 30' PIPELINE EASEMENT TO RCWD PER 1993-243536 ti -15.239m (50.00') THE BEARINGS AND DISTANCES ARE BASED ON CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, MULTIPLY ALL.DISTANCES BY 1.00008509 TO OBTAIN GROUND LEVEL DISTANCES. 1.1.1.1-1-1. INDICATES NO RIGHT OF ACCESS Associated Engineers, Inc. 3311 EAST SHELBY STREET ONTARIO, CA . 91764 TEL. (909) 980-1982 FAX: (909) 941-0891 AREA 1,288.7 SM 13,871 SF FEE GRANT FOR FREEWAY PURPOSES AFFECTS PARCEL 4, P.M.B. 203/32-35 APN: 910-262-039 L:\2003\03015\MAPPING\Plats\plat_4_fee.dgn EXHIBIT "A" LEGAL DESCRIPTION OF 4,348 SQUARE FOOT PERMANENT FOOTING EASEMENT EXHIBIT "A" SHEET 1 OF 1 LEGAL DESCRIPTION Permanent Footing Easement That portion of Parcel 4 of Parcel Map 30289, in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 203 of Parcel Maps, Pages 32 to 35, inclusive, in the Office of the County Recorder of said County described as follows: COMMENCING at the most southerly comer of said Parcel 4; thence North 52°10'40" East, 29.879 meters (98.03 feet) along the southeasterly line of said Parcel 4 to the POINT OF BEGINNING; said point being the beginning of a non -tangent curve concave easterly having a radius of 105.500 meters (346.13 feet), a radial to said point bears South 64°01'39" West; thence northerly along said curve 69.107 meters (226.73 feet) through a central angle of 37°31'52"; thence North 11°33'30" East, 10.743 meters (35.25 feet) to the northeasterly line of said Parcel 4; thence South 37°48'40" East, 7.076 meters (23.22 feet) along said northeasterly line; thence South 11°33'30" West, 6.135 meters (20.13 feet) to the beginning of a curve concave easterly having a radius of 100.130 meters (328.51 feet); thence southerly along said curve 64.461 meters (211.49 feet) through a central angle of 36°53'08" to the southeasterly line of said Parcel 4; thence non -tangent to said curve, South 52°10'40" West, 5.493 meters (18.02 feet) along said southeasterly line to the POINT OF BEGINNING. Containing approximately 403.9 square meters (4348 square feet), more or Tess. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in above description by 1.00008509 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. James L. Mott, L.S. 6334 Affects APN 910-262-039 L:\2003 \ 03(115 \ MAPPING\legals\EsmtparceM. D0C OF CAL�Fi Date EXHIBIT "B" [Insert Map Depicting 4,348 Square Foot Permanent Footing Easement] SCALE 1:1000 N47° 58'26"E CURVE DATA: A=10°40'12" C11 R=140.501m (460.96') L=26.165m (85.84') C12 A=09°58'58" 30.477m8(99.99') L=5.310m (17.42 ) A=65°41'58" C13 R=26.820m 87.99') L=30.754m 100.90 ) A=37°31'52" C16 R=105.500m (346.13') L=69.107m (226.73') A=36°53'08" C19 R=100.130m (328.51') L=64.461m (211.49') A=13°22'33" C20 R=26.820m (87.99') L=6.261m (20.54') A=04°20'14" C23 R=140.501m (460.96') L=10.636m (34.89') LINE DATA: L10 N68°37'35"E 12.575m (41.26') N52°11'18"E 15.239m (50.00') N11033130"E 10.743m (35.25') N37°48'40"W 7.076m (23.22') N11033130"E 6.135m (20.13') N52°10'40"E 29.879m (98.03') N52°10'40"E 5.493m (18.02') N37°48'40"W 5.028m (16.50') N37°48'40"W 7.682m (25.20') L16 L21 L22 L23 L24 L25 L26 L27 NOTE: CITY OF MURRIETA COUNTY OF RIVERSIDE STATE OF CALIFORNIA J UJ U CC Q CL U A=10040112" R=152.387m L=28.379m C11 0 °o L o• ,n o co 1f1 E ffic ti "D . -Q M o N AY 45.gg9m38 38' E g0/�1 � 7 C 12 1 Geo <l0I A MAP 03 � 158°38'38" '?/ 1 64.792m EXHIBIT "B" SHEET 1 OF 1 0`" PARCEL °° NO. 30289 P.I.B. 203/32-35 E °oo rn °o 3e (0 in N 0 N z FOOTING ESMT. 5.370m (17.62') PARCEL 4 444/ MOST S'LY 0'3/ COR PAR 4 (;°'/ 2/ P.O.B. L24 L27 L22 L23 39' PRIVATE 3 EASEMENT b TO CITY OF rE v NURRIETA PER v 2003-243205 lD M PARCEL 5 Z 30' PIPELINE EASEMENT TO RCWD PER 1993-243536 L16 h (729 p' q ) (188.15')I15.240ms N52°10140"E 57.349m � v° P�C�� Q THE BEARINGS AND DISTANCES ARE BASED ON CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, MULTIPLY ALL DISTANCES BY 1.00008509 TO OBTAIN GROUND LEVEL DISTANCES. Associated Engineers, Inc. 3311 EAST SHELBY STREET ONTARIO, CA . 91764 TEL. (909) 980-1982 FAX: (909) 941-0891 AREA 403.9 SM 4,348 SF PERMANENT FOOTING EASEMENT AFFECTS PARCEL 4, P.M.B. 203/32-35 APN: 910-262-039 L:\2003\03015\MAPPING\Plats\plat_4_esmt.dgn EXHIBIT "C" FORM OF GRANT DEED Exhibit "C" Form of Grant Deed RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Recording Fee: Exempt pursuant to Government Code §§ 6103 and 27383 [SPACE ABOVE 1'OR RECORDER'S USE ONLY] Portions of APN 910-262-039 No Documentary Transfer Taxes Due: See Revenue & Taxation § 11922 and Government Code § 6103 GRANT DEED THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF MURRIETA, a municipal corporation ("GRANTOR") hereby grants to the CITY OF TEMECULA, a municipal corporation ("GRANTEE") in fee the approximate 13,871 square foot (1,288.7 square meters) portion ("Property") of the real property located in the City of Murrieta, County of Riverside, California known as Parcel 4 of Parcel Map 30289 in the City of Murrieta, County of Riverside, as per Map recorded in Book 203 of Parcel Maps, Pages 32 to 35, inclusive, in the Official Records of the County of Riverside, which is identified as Riverside County Assessor's Parcel Number 910-262-039. The Property is described more particularly in Exhibit "A" and depicted on Exhibit "B" to this Grant Deed. Exhibits "A" and "B" are incorporated in this Grant Deed by this reference. In WITNESS WHEREOF, GRANTOR has executed this Grant Deed as of the date set forth below: GRANTOR CITY OF MURRIETA, a municipal corporation Dated: By: Douglas McAllister, Mayor Exhibit "C" Form of Grant Deed STATE OF CALIFORNIA COUNTY OF }ss. } On , before me, a 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 (This arca for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged Exhibit "C" Form of Grant Deed CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT DEED (Govt. Code § 27281) (APN 910-262-039) This is to certify that the approximate 13,871 square foot (1,288.7 square meters) portion of the real property located in the City of Murrieta, County of Riverside, California known as Parcel 4 of Parcel Map 30289 in the City of Murrieta, County of Riverside, as per Map recorded in Book 203 of Parcel Maps, Pages 32 to 35, inclusive, in the Official Records of the County of Riverside, and identified as Riverside County Assessor's Parcel Number 910-262-039, which is granted in fee to the City of Temecula pursuant to the attached Grant Deed, is hereby accepted under the authority of the City Council of the City of Temecula and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: City of Temecula By: Robert C. Johnson, City Manager ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: Peter M. Thorson, City Attorney Exhibit "C" Form of Grant Deed EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY EXHIBIT "A" SHEET 1 OF 1 LEGAL DESCRIPTION Fee Grant for Freeway Purposes That portion of Parcel 4 of Parcel Map 30289, in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 203 of Parcel Maps, Pages 32 to 35, inclusive, in the Office of the County Recorder of said County described as follows: COMMENCING at the most southerly corner of said Parcel 4; thence North 52°10'40" East, 35.372 meters (116.05 feet) along the southeasterly line of said Parcel 4 to the POINT OF BEGINNING; said point being the beginning of a non -tangent curve concave easterly having a radius of 100.130 meters (328.51 feet), a radial to said point bears South 64°40'22" West; thence northerly along said curve 64.461 meters (211.49 feet) through a central angle of 36°53'08"; thence North 11°33'30" East, 6.135 meters (20.13 feet) to the northeasterly line of said Parcel 4; thence South 37°48'40" East, 53.309 meters (174.90 feet) along said northeasterly line to the southeasterly line of said Parcel 4; thence along said southeasterly line the following three (3) courses: South 52°11'18" West, 15.239 meters (50.00 feet); South 37°48'40" East, 5.028 meters (16.50 feet); South 52°10'40" West, 21.977 meters (72.10 feet) to the POINT OF BEGINNING. Containing approximately 1288.7 square meters (13,871 square feet), more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights including access rights, appurtenant to grantor's remaining property, in and to said freeway. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in above description by 1.00008509 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. James L. Eyliott, L.S. 6334 Affects APN 910-262-039 L:\2003\03015\MAPPING\legs Is\FeeParcel4. DOC S -is -9 Date Exhibit "C" Form of Grant Deed EXHIBIT "B" SCALE 1:1000 CURVE DATA: CITY OF MURRIETA COUNTY OF RIVERSIDE STATE OF CALIFORNIA A= 10°40'12" R=152.387m (R=499.96') ,q U N47° 58'26"E L=28_379m Tp /WALL N58°3838 � p'gf?KVI/9 Y 64.792m92m � 0=10040112" C11 R=140.501m (R=460.96') L=26.165m (L=85.84') C12 R=30.47m8 7(R=99.99') L=5.310m (L=17.42') A=65°41'58" C13 R=26.820m R=87.99') L=30.754m L=100.90 ) A-=36°53'08" C19 R=100.130m (R=328.51') L=64.461m (L=211.49') L=13°22'33" C20 R=26.820m (R=87.99') L=6.261m (L=20.54') A=04°20'14" C23 R=140.501m (R=460.96') L=10.636m (L=34.89') LINE DATA: L10 N68°37'35"E 12.575m (41.26') L16 N52°11'18"E 15.239m (50.00') L23 N1 1 °33' 30"E 6.135m (20.13') N37°48'40"W L26 5.028m (16.50') J w U CC a PROPOSED R/W PROP FRENCH NOTE: 00 rn QP 0 ti O CV C11 N58°38,38„ (149.9(,) _L 45.689Th C12 I I do 3.048m (10') WIDE kis- DRAIN EASEMENT PER P.M.B. 203/32-35 °° PARCEL MAP VALLEY EXHIBIT "B" SHEET 1 OF 1 C13 NO. 30289 P.M.B. 203/32-35 PARCEL 4 No) MOST S'LY COR PAR 4 P.O.B. 116.05') 5.372m 14.758m (48.42') 0 ^ c N ap tt ft; 0 N N M Z 39' PRIVATE EASEMENT TO CITY OF MURRIETA PER 2003-243205 E ti ca 0 30' PIPELINE EASEMENT TO RCWD PER 1993-243536 N52°10140"E/ 21.977m / 1(188.15') �) N52°10'40"E( 57.349m CPQ(\\\' \;,‘ Q • �' Q PARKWAY J L16 i PJ 15.239m (50.00') THE BEARINGS AND DISTANCES ARE BASED ON CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, MULTIPLY ALL DISTANCES BY 1.00008509 TO OBTAIN GROUND LEVEL DISTANCES. INDICATES NO RIGHT OF ACCESS Associated Engineers, Inc. 3311 EAST SHELBY STREET ONTARIO, CA . 91764 TEL. (909) 980-1982 FAX: (909) 941-0891 AREA 1,288.7 SM 13,871 SF FEE GRANT FOR FREEWAY PURPOSES AFFECTS PARCEL 4, P.M.B. 203/32-35 APN: 910-262-039 L \2003\03015\MAPPING\PlntS\nlnt 4 faa_rinn EXHIBIT "D" FORM OF GRANT OF EASEMENT Exhibit "D" Form of Grant Of Permanent Easement RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Recording Fee: Exempt pursuant to Government Code §§ 6103 and 27383 [SPACE ABOVE FOR RECORDER'S USE ONLY] Portions of APN 910-262-039 No Documentary Transfer Taxes Due: See Revenue & Taxation § 11922 and Government Code § 6103 GRANT OF PERMANENT EASEMENT THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: GRANTOR CITY OF MURRIETA, a municipal corporation ("GRANTOR") is the record fee owner of the real property located in the City of Murrieta, County of Riverside, California known as Parcel 4 of Parcel Map 30289 in the City of Murrieta, County of Riverside, as per Map recorded in Book 203 of Parcel Maps, Pages 32 to 35, inclusive, in the Official Records of the County of Riverside, and identified as Riverside County Assessor's Parcel Number 910-262-039 ("Property"). GRANTOR desires to grant to the CITY OF TEMECULA, a municipal corporation, located in the County of Riverside, State of California ("GRANTEE") and GRANTEE desires to acquire from GRANTOR an approximate 4,348 square foot (403.9 square meters) Permanent Footing Easement ("Permanent Footing Easement") on the Property for public street purposes and all uses necessary or convenient thereto in connection with the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements (Project Numbers PS -2-11 and PW07-04). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE the approximate 4,348 square foot (403.9 square meters) Permanent Footing Easement on the Property for public street purposes and all uses necessary or convenient thereto. The approximate 4,348 square foot (403.9 square meters) Permanent Footing Easement is described more particularly on Exhibit "D" Form of Grant Of Permanent Easement Exhibit "A" and depicted on Exhibit "B" to this Grant of Permanent Easement. Exhibits "A" and "B" are incorporated in this Grant of Permanent Easement by this reference. In WITNESS WHEREOF, GRANTOR has executed this Grant of Permanent Easement as of the date set forth below: GRANTOR CITY OF MURRIETA, a municipal corporation Dated: By: Douglas McAllister, Mayor Exhibit "D" Form of Grant Of Permanent Easement STATE OF CALIFORNIA COUNTY OF } ss. } On , before me, a 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 (This area for official notarial seal) Title o f Document Date of Document No. of Pages Other signatures not acknowledged Exhibit "D" Form of Grant Of Permanent Easement CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT OF PERMANENT EASEMENT (Govt. Code § 27281) (APN 910-262-039) This is to certify that the approximate 4,348 square foot (403.9 square meters) Permanent Footing Easement on the real property located in the City of Murrieta, County of Riverside, California known as Parcel 4 of Parcel Map 30289 in the City of Murrieta, County of Riverside, as per Map recorded in Book 203 of Parcel Maps, Pages 32 to 35, inclusive, in the Official Records of the County of Riverside, and identified as Riverside County Assessor's Parcel Number 910-262-039, which is granted to the City of Temecula pursuant to the attached Grant of Permanent Easement, is hereby accepted under the authority of the City Council of the City of Temecula and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: City of Temecula By: Robert C. Johnson, City Manager ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: Peter M. Thorson, City Attorney Exhibit "D" Form of Grant Of Permanent Easement EXHIBIT "A" LEGAL DESCRIPTION OF PERMANENT FOOTING EASEMENT EXHIBIT "A" SHEET 1 OF 1 LEGAL DESCRIPTION Permanent Footing Easement That portion of Parcel 4 of Parcel Map 30289, in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 203 of Parcel Maps, Pages 32 to 35, inclusive, in the Office of the County Recorder of said County described as follows: COMMENCING at the most southerly corner of said Parcel 4; thence North 52°10'40" East, 29.879 meters (98.03 feet) along the southeasterly line of said Parcel 4 to the POINT OF BEGINNING; said point being the beginning of a non -tangent curve concave easterly having a radius of 105.500 meters (346.13 feet), a radial to said point bears South 64°01'39" West; thence northerly along said curve 69.107 meters (226.73 feet) through a central angle of 37°31'52"; thence North 11°33'30" East, 10.743 meters (35.25 feet) to the northeasterly line of said Parcel 4; thence South 37°48'40" East, 7.076 meters (23.22 feet) along said northeasterly line; thence South 11°33'30" West, 6.135 meters (20.13 feet) to the beginning of a curve concave easterly having a radius of 100.130 meters (328.51 feet); thence southerly along said curve 64.461 meters (211.49 feet) through a central angle of 36°53'08" to the southeasterly line of said Parcel 4; thence non -tangent to said curve, South 52°10'40" West, 5.493 meters (18.02 feet) along said southeasterly line to the POINT OF BEGINNING. Containing approximately 403.9 square meters (4348 square feet), more or less. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in above description by 1.00008509 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Affects APN 910-262-039 1.:\2Q03\03015\MAPPING\Iegals\Esmtpa rce44. DOC Date Exhibit "D" Form of Grant Of Permanent Easement EXHIBIT "B" (DEPICTION OF PERMANENT FOOTING EASEMENT) SCALE 1:1000 N47° 58'26"E CURVE DATA: A=10°40'12" C11 R=140.501m (460.96') L=26.165m (85.84') A=09°58'58" C12 R=30.477m (99.99') L=5.310m (17.42 ) A=65°41'58" C13 R=26.820° 87.99') L=30.754° 100.90 ) A=37°31'52" C16 R=105.500m (346.13') L=69.107m (226.73') A=36°53'08" C19 R=100.130m (328.51') L=64.461m (211.49') A=13°22'33" C20 R=26.820m (87.99') L=6.261m (20.54') A=04°20'14" C23 R=140.501° (460.96') L=10.636m (34.89') LINE DATA: L10 N68°37'35"E 12.575m (41.26') L16 N52011'18"E 15.239m (50.00') L21 N11°33'30"E 10.743m (35.25') L22 N37°48'40"W 7.076m (23.22') L23 N11°33'30"E 6.135m (20.13') N52°10'40"E L24 29.879m (98.03') N52°10'40"E L25 5.493m (18.02') L26 N37°48'40"W 5.028m (16.50') L27 N37°48'40"W 7.682m (25.20') NOTE: w U a CITY OF MURRIETA COUNTY OF RIVERSIDE STATE OF CALIFORNIA 2007-0635981 U O 0 A=10°40'12" R=152.387m L=28.379m C11 i0 m o Lr) Eo 00 Lnu, E r- ig) 1n M N ° N z VALLY N58°38/38"E 64.792m '9�Y 5.688°3 138 E Imo` �I , (149.90') c12 1 i do In I ..�' ��' PARCEL MAP °° NO. 30289 P.M.B. 203/32-35 E 0 m FOOTING ESMT. co 5.370m (17.62') PARCEL 4 u, ,<v/ ° �'iv) N �•�/ Z MOST S'LY 0'3/ COR PAR 4=�°/'/ P.O.B. / L24 C13 EXHIBIT "B" SHEET 1 OF 1 0 rEv ov- co PAROL 5 L27 L22 L23 39' PRIVATE EASEMENT TO CITY OF MURRIETA PER 2003-243205 z 30' PIPELINE EASEMENT TO RCWD PER 1993-243536 L16 Q2h (729.10') 52°10'0"E 5(78349m') 115.240mi v0 :1)`'CoN 1/\\: I c) THE BEARINGS AND DISTANCES ARE BASED ON CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, MULTIPLY ALL DISTANCES BY 1.00008509 TO OBTAIN GROUND LEVEL DISTANCES. Associated Engineers, Inc. 3311 EAST SHELBY STREET ONTARIO, CA . 91764 TEL. (909) 980-1982 FAX: (909) 941-0891 AREA 403.9 SM 4,348 SF PERMANENT FOOTING EASEMENT AFFECTS PARCEL 4, P.M.B. 203/32-35 APN: 910-262-039 L:\2003\03015\MAPPING\Plats\Dlat_4_esmt.dan PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND THE CITY OF MURRIETA IN CONNECTION WITH THE FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS — PROJECT NUMBERS PW02-11 AND PW07-04 This Purchase and Sale Agreement Between the City of Temecula and City of Murrieta and Joint Escrow Instructions in connection with the French Valley Parkway / Interstate 15 Overcrossing and Interchange Improvements — Project Numbers PW02-11 and PW07-04 ("Agreement") is dated and entered into as of , 2012 ("effective date") by and between CITY OF MURRIETA, a municipal corporation ("Seller") and the CITY OF TEMECULA, a municipal corporation ("Buyer" or "City"), and constitutes an agreement to purchase and sell real property between the parties and the parties' joint escrow instructions directed to Chicago Title ("Escrow Holder"). RECITALS A. Seller is the record fee owner of certain real property, which is identified as Riverside County Assessor's Parcel Number 910-262-043 ("Property"). The Property is also known as Lot D of Parcel Map 30289, in the City of Murrieta, County of Riverside, State of California, as per Map recorded on October 23, 2002 in Book 203 of Parcel Maps, Pages 32-35, and recorded as Document No. 2002-596449 of Official Records of the County of Riverside. The Property is approximately 53,143 square feet (1.23 -acres) in size. The Property is described on Exhibit "A" and depicted on Exhibit "B" to this Agreement. Exhibits "A" and "B" are incorporated herein by this reference. B. On May 2, 2012, Buyer personally delivered to Seller a written offer to purchase in fee the Property, including any improvements thereon pursuant to Government Code Section 7267.2 for a public use, namely for the City's proposed French Valley Parkway / Interstate -15 Overcrossing and Interchange Improvements — Project Numbers PW02-11 and PW07-04 ("Proposed. Project"). The City's offer explained the public use for which the City sought to acquire the Property. Seller has accepted the City's offer to purchase the Property. C. The City seeks to acquire the Property for a public use, namely for public street purposes and all uses necessary or convenient thereto in connection with the Proposed Project. The Proposed Project would construct a new interchange, French Valley Parkway, at Interstate 15, between the existing Winchester Road (State Route 79 North and the Interstate 15/Interstate 215 junction, along with enhancements to facilitate improved operations on the existing mainline facility. French Valley Parkway would be constructed as a six -lane arterial highway from Jefferson Avenue to Ynez Road. Auxiliary lanes would be provided in both the northbound and southbound directions. The Proposed Project would also construct an up to three -lane collector distributor system parallel to Interstate 15 between the Interstate 15/Interstate 215 confluence and Winchester Road in both the northbound and southbound directions. The collector distributor system will relieve mainline congestion in this area caused by weaving traffic movement. This system would remove large numbers of commuters who are entering and exiting the freeway in this area from the main line which would provide better levels of service to vehicles traveling through this area. The Proposed Project would construct north and southbound on- and off -ramps to Interstate 15 connecting Jefferson Avenue on the west with the extension of Date Street to the east. The Proposed Project is the result of cooperation between the Cities of Temecula and Murrieta and the California Department of Transportation ("Caltrans"). D. Phase I of the Proposed Project would construct the new southbound off - ramp at French Valley Parkway and provide a second lane on the Winchester Road southbound off -ramp ("Phase I"). Phase I of the Proposed Project would also construct an auxiliary lane prior to the Winchester Road southbound off -ramp. The 2011 Federal Transportation Improvement Program (FTIP), which was approved on April 19, 2012, identifies Phase I as including the design and construction of French Valley Parkway from Interstate 15 to Jefferson, the southbound exit ramp, the southbound auxiliary lane from French Valley Parkway to Winchester Road, and the widening of the Winchester Road southbound exit ramp (Project ID # 991202). Pursuant to the current schedule for Phase I, the construction of Phase I commenced in June 2012 and is expected to take approximately 18 months to complete. E. Phase II of the Proposed Project would construct the remaining improvements described as part of the Proposed Project, including the full French Valley Parkway Overcrossing and Interchange and the C/D system ("Phase II"). Phase II also includes the construction of the design elements, including sound walls, retaining walls, treatment BMPs and landscaping. Design of Phase II was initiated in November 2011 and will take approximately 36 months to complete. If the City is able to obtain the necessary right of way for the Proposed Project, the City estimates that construction of Phase II may start in early 2015 and may take approximately 24 months to complete. This timeline is a rough estimate. F. The Environmental Document for the Proposed Project and the Project Report explained that the Proposed Project seeks to reduce the current and projected traffic congestion on the ramps and freeway mainline in the area of the Proposed Project. It seeks to improve safety and operations between Winchester Road and the Interstate 15/Interstate 215 Junction. The Proposed Project also seeks to provide alternative vehicular access to Interstate 15 that will also provide operational improvements to the Interstate 15/Winchester Road interchange. Further, the Proposed Project seeks to provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. G. The Property is necessary for the construction of Phase I of the Proposed Project. H. The parties acknowledge that the City is authorized to acquire real property by eminent domain for a public use, including public street purposes and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecula by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law). The parties also acknowledge that the Proposed Project is a public use for which Buyer has the authority to exercise the power of eminent domain. The parties further acknowledge that the City Council of the City of Temecula, as the City's governing body, has sole discretion to make the findings required by Code of Civil Procedure Section 1240.030 for the adoption of a resolution of necessity pursuant to the Eminent Domain Law. (Code of Civil Page 2 Procedure Section 1245.220). If Seller and the City had not reached an agreement for the City's purchase of the Property, City staff would have recommended to the City Council that it consider the adoption of a resolution of necessity authorizing the initiation of eminent domain proceedings to acquire the Property in accordance with the Eminent Domain Law. The City Council however has the exclusive and sole discretion to adopt a resolution of necessity. The adoption of any such resolution of necessity would require the City's compliance with the Eminent Domain Law and with Chapter 9 of the Caltrans Right of Way Manual. I. Seller desires to sell, and Buyer desires to buy, the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt of which is hereby acknowledged, Buyer and Seller agree to the following: 1. Purchase and Sale. On the Close of Escrow (as defined in Section 2 below), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions set forth in this Agreement. 2. Opening and Close of Escrow. Within five business days after the Effective Date of this Agreement, the City will deliver a fully executed copy of this Agreement to Escrow Holder. For purposes of this Agreement, Opening of Escrow means the date on which Escrow Holder receives a fully executed copy of this Agreement from Buyer and Seller. The parties can execute the Agreement in counterparts as set forth in paragraph 20.e. below. Close of Escrow means the date on which the Grant Deed is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow will occur after the performance of all duties and obligations under this Escrow that are required to take place prior to Close of Escrow. The Close of Escrow will be on the date that is not later than the first business day occurring 30 days after the Opening of Escrow. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever will be solely that of Seller. 3. Purchase Price. The total purchase price that Buyer will pay to Seller for the Property is the sum of $300,000 (Three Hundred Thousand Dollars) for the fair market value of the land and improvements comprising the Property (referred to below as the "Purchase Price"). No attempt has been made to assign value to the lesser interest in the Property, including any leasehold estate. Thus, the Purchase Price is the total price for the Property without distinction or separation for various interests that may be held in the Property. Seller will be responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to Buyer and Seller. Escrow Holder will insure Buyer's fee title to the Property, which is described above in Section A and in Exhibits "A" and "B" to this Agreement, at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance (or an ALTA Extended Coverage Policy if Buyer Page 3 elects such coverage as provided below in Section 4.c.) in the amount of the Purchase Price (the "Policy"). Buyer will pay for the cost of the Policy. a. The Policy provided for pursuant to this Section will insure Buyer's interest in the Property free and clear of all liens, encumbrances, restrictions, and rights- of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): i. Real property taxes for the current tax fiscal year that are not due and payable. ii. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and iii. Those non -monetary exceptions approved by Buyer within ten business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow will thereupon terminate, all funds deposited therein will be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement will have no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller will use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement will thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee interest in the Property will be free and clear of all monetary encumbrances. b. The parties recognize that Buyer's approval of the Permitted Title Exceptions is subject to approval by the Caltrans. c. Buyer will have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form Owners Policy of Title Insurance. In such event, Buyer will, at its expense, procure an ALTA survey. Buyer will pay the cost of any such ALTA Extended Coverage Form Policy of Title Insurance. 5. Deposit. Buyer covenants and agrees to deposit the Purchase Price with Escrow Holder within 15 business days after the date this Agreement is fully executed by the parties. 6. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder within 15 business days after the date this Agreement is fully executed by the parties, the Grant Deed ("Grant Deed") duly executed and acknowledged by Seller, granting and conveying to Buyer the Property in fee. The form of the Grant Deed is attached as Exhibit "C" to this Agreement and is incorporated in this Agreement by this reference. Buyer will accept said executed Grant Deed prior to recording. 7. Authorization to Record Documents and Disburse Funds. Escrow Page 4 Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: a. Escrow Holder can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering the Property, so that the Property will be free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from Seller regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Property. b. City will have deposited with Escrow Holder the Purchase Price and Escrow Charges. c. Escrow Holder will have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for below in Section 12; and d. Seller will have deposited in Escrow the executed Grant Deed as required by Section 6 and the estoppel certificate required by Section 12.e. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 8. Escrow Charges and Prorations. a. Buyer will pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance (or at Buyer's option the ALTA Extended Coverage Policy), Escrow Costs and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer will pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow fails to close through no fault of either party, Buyer will pay all Escrow cancellation charges. b. Taxes and assessments will be apportioned and prorated for the Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if Buyer were vested with fee title to the Property during the entire day upon which Close of Escrow occurs. If taxes and assessments for the current year have not been paid before the Close of Escrow, Seller will be charged at the Close of Escrow an amount equal to that portion of such taxes and assessments that relates to the period before the Close of Escrow and Buyer will pay the taxes and assessments prior to their becoming delinquent. Any such apportionment made with respect to a tax year for which the tax rate or assessed valuation, or both, have not yet been fixed will be based upon the tax rate and/or assessed valuation last fixed. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the Close of Escrow, the parties will make all necessary adjustments by appropriate payments between themselves following the Close of Escrow. Seller will pay all delinquent taxes and assessments (and any penalties therein) for periods prior to the Close of Escrow, if any, affecting the Property. Page 5 c. All prorations will be determined on the basis of a 365 -day year. 9. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow: a. That to the best of Seller's knowledge (i) on the Close of Escrow the Property will be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations. Seller will indemnify and hold Buyer harmless for a breach of this warranty and representations provided Buyer notifies Seller within three years from the Closing Date. i. The Purchase Price of the Property reflects the fair market value of the Property without the presence of contamination. If the Property is found to be contaminated by the presence of hazardous waste that requires mitigation under federal or state law within three years from the Closing Date, the City may elect to recover its cleanup costs from those who caused or contributed to the contamination. b. That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller will not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. c. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the Property to Buyer, violates or will violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. d. Except as disclosed in the title commitment referred to in Section 4, there are no mechanics', matcrialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such written or oral leases or contractual rights or options to lease, purchase or Page 6 otherwise enjoy possession, rights or interest of any nature in and to the Property, or any part thereof. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal that involves the Property. 10. Representations and Warranties of Buyer. Buyer hereby represents and warrants to the Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. Buyer has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. Buyer has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein. c. Neither this Agreement nor anything to be provided to be done hereunder, including acquisition of the Property by Buyer, violates or shall violate, any contract, instrument, partnership agreement, trust agreement, or any other agreement to which Buyer is a party, and which affects the Property or any part thereof, and the purchase of the Property herein contemplated does not require the consent of any party not a signatory hereto. 11. City's Full Payment of Purchase Price. a. It is understood and agreed between Seller and Buyer that the City's payment to Seller of the Purchase Price set forth in this Agreement, is the full and complete consideration and payment of just compensation for the City's acquisition of all real property interests pertaining to the Property, and specifically includes, but is not limited to, just compensation for the land comprising the Property and all improvements on the Property, claims arising in connection with or out of the Buyer's acquisition of the Property or the Project for which the Buyer is acquiring the Property, claims for severance and other damages, inverse condemnation, or any other damages of every kind and nature suffered by the Seller by reason of the City's acquisition of the Property or the Proposed Project for which the City is acquiring the Property, and all costs and expenses whatever in connection therewith. b. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller's successors and assigns, fully releases Buyer, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of Buyer's efforts to acquire the Property or any preliminary steps thereto. Seller further releases and agrees to hold Buyer harmless from any and all claims and causes of action by reason of any leasehold interest in the Property. c. Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or Page 7 expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Seller's Initials: Buyer's Initials: d. This Section will survive the Close of Escrow 12. Buyer's Contingencies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property will be contingent upon and subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. b. The delivery to Escrow Holder of all documents pursuant to Sections 6 and 12.e. of this Agreement. c. Title Company's commitment to issue in favor of Buyer CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's fee interest in the Property subject only to the Permitted Title Exceptions. d. Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property that Buyer might perform prior to the Close of Escrow. e. Seller's obtaining and delivering to Escrow an estoppel certificate from the Association for the Rancho Silverado Business Park certifying that the Property and Seller are not in default under any obligations under any conditions, covenants or restrictions encumbering the Property pursuant to the Declaration of Covenants, Conditions and Restrictions for Rancho Silverado Business Park an Industrial/Commercial Business Park recorded on March 12, 1986 as Instrument Number 57354 of Official Records of the County of Riverside, and any and all amendments to said Declaration of Protective Covenants. 13. Certain Definitions. a. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by - Page 8 product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. b. The term `Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and I-Iealth Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 14. Evidence in Court Proceeding. The parties agree that the total Purchase Price of $300,000 or any inference of per square foot value of the Property based on said Purchase Price will not be admissible as evidence of the fair market value of the Property in any eminent domain or other proceeding or litigation concerning the Property. 15. Certification of Non -Foreign Status. Seller agrees to deliver to Escrow a certification of Non -Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 16. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non -defaulting party will have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the Page 9 purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non -defaulting party, Buyer will thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non -defaulting party will be without prejudice to the non -defaulting party's rights and remedies at law or equity. 17. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Escrow Holder. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: BUYER: City of Temecula, a Municipal Corporation 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: Robert C. Johnson, City Manager COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue 40th Floor Los Angeles, California 90071-3101 SELLER: City of Murrieta, a Municipal Corporation C/O Patrick Thomas, Dir. of Public Works 1 Town Square 24601 Jefferson Avenue Murrieta, California 92562 ESCROW Chicago Title HOLDER: One Better World Circle Temecula, California 92590 Telephone No. (909) 676-3695 Fax No. (951) 587-3795 18. Further Documents. Each party will, wherever and as often as it shall be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to complete the sale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement. 19. Amendments. Any amendments to this Agreement will be effective only Page 10 when duly executed by both Buyer and Seller and deposited with Escrow Holder. 20. Miscellaneous. a. Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter of this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person who is not contained herein will be valid or binding on Seller or Buyer. c. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. e. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile signatures will be deemed to be original signatures, and will be followed by the delivery of the original signature pages by U.S. Mail. f. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. g. Interpretation and Construction. The parties agree that each party has reviewed this Agreement and that each have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, Page 11 and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. h. Destruction of Property Prior to Close of Escrow. If the Property is materially destroyed by fire, earthquake or other calamity without the fault of either party before the Close of Escrow, the City, in its sole discretion, may rescind this Agreement. In any such event, the City may reappraise the Property and make an offer based on any such appraisal. i. Exhibits. The exhibits attached hereto are incorporated in this Agreement by reference herein. 21. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees from the other party. 22. Severabiliti. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. 23. Assignment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation will not relieve Buyer of any of its obligations under this Agreement. Signatures on Next Page Page 12 IN WITNESS WHEREOF, this Agreement is effective as of the day and year first written above. SELLER CITY OF MURRIETA, a Municipal Corporation Dated: $L emhe,r �, aO1a APPROVED AS TO CONTENT: Director of Public Works/ City Engineer APPROVED AS TO FORM: Leslie E. Devaney, City /attorney ATTEST: BUYER CITY OF TEMECULA, a Municipal Corporation Dated: ATTEST: Susan W. Jones, MMC, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney OB 4114 Doug as Mc aster, Mayor By: Chuck Washington, Mayor Page 13 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Lot "D", as shown by Parcel Map No. 30289, In the City of Murrieta, County of Riverside, State of California, on file in book 203, pages 32 through 35 of Parcel Maps, in the office of the county recorder of said county. EXHIBIT "B" [Insert Map Depicting Property] 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 re'&.iable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. 0 375 750 1125 ft. Map center: 6281097, 2137122 .••4RFCiT'OF TEMECUL.A APN 910-262-043 7' P� f \ S r \+' ZS\, s +r \ /'' P. 910262043 . 1** .. I %0 40 40 4 K0. q-' 44. �4 \. / \\ cn -CO nca w A w V N 13 CO ala ma N 0 r co co 3 CL EXHIBIT "C" FORM OF GRANT DEED EXHIBIT "C" — FORM OF GRANT DEED RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Recording Fee: Exempt pursuant to Government Code §§ 6103 and 27383 [SPACE ABOVE FOR RECORDER'S USE ONLY] All of APN 910-262-043 No Documentary Transfer Taxes Due: See Revenue & Taxation § 11922 and Government Code § 6103 GRANT DEED THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF MURRIETA, a municipal corporation ("GRANTOR") hereby grants to the CITY OF TEMECULA, a municipal corporation ("GRANTEE") in fee the real property located in the City of Murrieta, County of Riverside, California known as Lot D of Parcel Map 30289 in the City of Murrieta, County of Riverside, State of California, as per Map recorded as Document No. 2002- 596449 of Official Records of the County of Riverside, which is identified as Riverside County Assessor's Parcel Number 910-262-043 ("Property"). The Property is approximately 53,143 square feet (1.23 -acres) in size and is more particularly described on Exhibit "A" and depicted on Exhibit "B" to this Grant Deed. Exhibits "A" and "B" are incorporated in this Grant Deed by this reference. In WITNESS WHEREOF, the Grantor has executed this Grant Deed as of the date set forth below: GRANTOR CITY OF MURRIETA, a municipal corporation Dated: By: Douglas McAllister, Mayor EXHIBIT "C" — FORM OF GRANT DEED STATE OF CALIFORNIA COUNTY OF }ss. } On , before me, a 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 (This area for official notarial seal) "Title of Document Date of Document No. of Pages Other signatures not acknowledged CITY OF TEMECULA EXHIBIT "C" — FORM OF GRANT DEED Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT DEED (Govt. Code § 27281) (APN 910-262-043) This is to certify that the approximate 53,143 square foot parcel located in the City of Murrieta, County of Riverside, California known as Lot D of Parcel Map 30289 in the City of Murrieta, County of Riverside, State of California, as per Map recorded as Document No. 2002-596449 of Official Records of the County of Riverside, and identified as Riverside County Assessor's Parcel Number 910-262-043, which is granted in fee to the City of Temecula pursuant to the attached Grant Deed, is hereby accepted under the authority of the City Council of the City of Temecula and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: City of Temecula By: Robert C. Johnson, City Manager ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: Peter M. Thorson, City Attorney EXHIBIT "C" - FORM OF GRANT DEED EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Lot "D", as shown by Parcel Map No. 30289, in the City of Murrieta, County of Riverside, State of California, on file in book 203, pages 32 through 35 of Parcel Maps,. In the office of the county recorder of said county. EXHIBIT "C" - FORM OF GRANT DEED EXHIBIT "B" PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND THE CITY OF MURRIETA IN CONNECTION WITH THE FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS — PROJECT NUMBERS PW02-11 AND PW07-04 This Purchase and Sale Agreement Between the City of Temecula and City of Murrieta and Joint Escrow Instructions in connection with the French Valley Parkway / Interstate 15 Overcrossing and Interchange Improvements — Project Numbers PW02-11 and PW07-04 ("Agreement") is dated and entered into as of , 2012 ("effective date") by and between CITY OF MURRIETA, a municipal corporation ("Seller") and the CITY OF TEMECULA, a municipal corporation ("Buyer" or "City"), and constitutes an agreement to purchase and sell real property between the parties and the parties' joint escrow instructions directed to Chicago Title ("Escrow Holder"). RECITALS A. Seller is the record fee owner of certain real property, which is identified as Riverside County Assessor's Parcel Number 910-262-045 ("Larger Parcel"). The Larger Parcel is also known as Parcel 2 of Parcel Map No. 29745, in the City of Murrieta, County of Riverside, as per Map recorded in Book 200 of Parcel Maps, Pages 5 and 6 in the Official Records of the County of Riverside. B. On May 2, 2012, Buyer personally delivered to Seller a written offer to purchase certain real property interests from the Larger Parcel pursuant to Government Code Section 7267.2 for a public use, namely for the City's proposed French Valley Parkway / Interstate 15 Overcrossing and Interchange Improvements — Project Numbers PW02-11 and PW07-04 ("Proposed Project"). Specifically, the City offered to purchase an approximate 16,652 square foot (1,547.0 square meters) portion of the Larger Parcel in fee for public street purposes and all uses necessary or convenient thereto; an approximate 2,397 square foot (222.7 square meters) permanent footing easement for public street purposes and all uses necessary or convenient thereto; and an approximate 18,514 square foot (1,720 square meters) temporary construction easement with a term of 15 months to facilitate the construction of the Proposed Project. The approximate 16,652 square foot fee area is described on Exhibit "A" hereto labeled "Legal Description" and is depicted on Exhibit "B" hereto labeled "Fee Acquisition", which Exhibits are incorporated herein by this reference. The approximate 2,397 square foot permanent footing easement is described on Exhibit "A" hereto labeled "Legal Description Permanent Footing Easement" and is depicted on Exhibit "B" hereto labeled "Permanent Footing Easement", which Exhibits are incorporated herein by this reference. The approximate 18,514 square foot temporary construction easement with a term of 15 months is described on Exhibit "A" hereto labeled "Legal Description Temporary Construction Easement" and is depicted on Exhibit "B" hereto labeled "Temporary Construction Easement", which Exhibits are incorporated herein by this reference. The approximate 16,652 square foot fee area, the approximate 2,397 square foot permanent footing easement and the approximate 18,514 square foot temporary construction easement are referred to below collectively as the "Property". Seller has accepted the City's offer to purchase the Property. C. The City seeks to acquire the Property for a public use, namely for public street purposes and all uses necessary or convenient thereto in connection with the Proposed Project. The Proposed Project would construct a new interchange, French Valley Parkway, at Interstate 15, between the existing Winchester Road (State Route 79 North and the Interstate 15 / Interstate 215 junction, along with enhancements to facilitate improved operations on the existing mainline facility. French Valley Parkway would be constructed as a six -lane arterial highway from Jefferson Avenue to Ynez Road. Auxiliary lanes would be provided in both the northbound and southbound directions. The Proposed Project would also construct an up to three -lane collector distributor system parallel to Interstate 15 between the Interstate 15 / Interstate 215 confluence and Winchester Road in both the northbound and southbound directions. The collector distributor system will relieve mainline congestion in this area caused by weaving traffic movement. This system would remove large numbers of commuters who are entering and exiting the freeway in this area from the main line which would provide better levels of service to vehicles traveling through this area. The Proposed Project would construct north and southbound on- and off -ramps to Interstate 15 connecting Jefferson Avenue on the west with the extension of Date Street to the east. The Proposed Project is the result of cooperation between the Cities of Temecula and Murrieta and the California Department of Transportation ("Caltrans"). D. Phase I of the Proposed Project would construct the new southbound off - ramp at French Valley Parkway and provide a second lane on the Winchester Road southbound off -ramp ("Phase I"). Phase I of the Proposed Project would also construct an auxiliary lane prior to the Winchester Road southbound off -ramp. The 2011 Federal Transportation Improvement Program (FTIP), which was approved on April 19, 2012, identifies Phase I as including the design and construction of French Valley Parkway from Interstate 15 to Jefferson, the southbound exit ramp, the southbound auxiliary lane from French Valley Parkway to Winchester Road, and the widening of the Winchester Road southbound exit ramp (Project ID # 991202). Pursuant to the current schedule for Phase I, the construction of Phase I commenced in June 2012 and is expected to take approximately 18 months to complete. E. Phase II of the Proposed Project would construct the remaining improvements described as part of the Proposed Project, including the full French Valley Parkway Overcrossing and Interchange and the C/D system ("Phase II"). Phase II also includes the construction of the design elements, including sound walls, retaining walls, treatment BMPs and landscaping. Design of Phase II was initiated in November 2011 and will take approximately 36 months to complete. If the City is able to obtain the necessary right of way for the Proposed Project, the City estimates that construction of Phase II may start in early 2015 and may take approximately 24 months to complete. This timeline is a rough estimate. F. The Environmental Document for the Proposed Project and the Project Report explained that the Proposed Project seeks to reduce the current and projected traffic congestion on the ramps and freeway mainline in the area of the Proposed Project. It seeks to improve safety and operations between Winchester Road and the Interstate 15 / Interstate 215 Junction. The Proposed Project also seeks to provide alternative vehicular access to Interstate 15 that will also provide operational improvements to the Interstate 15 / Winchester Road interchange. Further, the Proposed Project seeks to provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. G. The Property is necessary for the construction of Phase I of the Proposed Project. H. The parties acknowledge that the City is authorized to acquire real property by eminent domain for a public use, including public street purposes and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecula by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seg. (Eminent Domain Law). The parties also acknowledge that the Proposed Project is a public use for which Buyer has the authority to exercise the power of eminent domain. The parties further acknowledge that the City Council of the City of Temecula, as the City's governing body, has sole discretion to make the findings required by Code of Civil Procedure Section 1240.030 for the adoption of a resolution of necessity pursuant to the Eminent Domain Law. (Code of Civil Procedure Section 1245.220). If Seller and the City had not reached an agreement for the City's purchase of the Property, City staff would have recommended to the City Council that it consider the adoption of a resolution of necessity authorizing the initiation of eminent domain proceedings to acquire the Property in accordance with the Eminent Domain Law. The City Council however has the exclusive and sole discretion to adopt a resolution of necessity. The adoption of any such resolution of necessity would require the City's compliance with the Eminent Domain Law and with Chapter 9 of the Caltrans Right of Way Manual. I. Seller desires to sell, and Buyer desires to buy, the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt of which is hereby acknowledged, Buyer and Seller agree to the following: 1. Purchase and Sale. On the Close of Escrow (as defined in Section 2 below), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions set forth in this Agreement. 2'. Opening and Close of Escrow. Within five business days after the Effective Date of this Agreement, the City will deliver a fully executed copy of this Agreement to Escrow Holder. For purposes of this Agreement, Opening of Escrow means the date on which Escrow Holder receives a fully executed copy of this Agreement from Buyer and Seller. The parties can execute the Agreement in counterparts as set forth in Section 21.e. below. Close of Escrow means the date on which the Conveyance Documents described below in Section 6 are delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow will occur after the performance of all duties and obligations under this Escrow that are required to take place prior to Close of Escrow. The Close of Escrow will be on the date that is not later than the first business day occurring 30 days after the Opening of Escrow. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever will be solely that of Seller. 3. Purchase Price. The total purchase price that Buyer will pay to Seller for the Property is the sum of $506,927 for the fair market value of the land and improvements comprising the Property (referred to below as the "Purchase Price"). No attempt has been made to assign value to the lesser interest in the Property, including any leasehold estate. Thus, the Purchase Price is the total price for the Property without distinction or separation for various interests that may be held in the Property. Seller will be responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to Buyer and Seller. Escrow Holder will insure Buyer's fee title to the approximate 16,652 square foot fee portion of the Property and Buyer's easement interest in the approximate 2,397 square foot permanent footing easement portion of the Property, which are described above in Section A and on Exhibit "A" hereto labeled "Legal Description" and depicted on Exhibit "B" hereto labeled "Fee Acquisition" and on Exhibit "A" hereto labeled "Legal Description Permanent Footing Easement" and depicted on Exhibit "B" hereto labeled "Permanent Footing Easement", respectively, at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance (or an ALTA Extended Coverage Policy if Buyer elects such coverage as provided below in Section 4.c.) in the amount of the Purchase Price (the "Policy"). Buyer will pay for the cost of the Policy. a. The Policy provided for pursuant to this Section will insure Buyer's fee interest in the approximate 16,652 square foot fee portion of the Property and Buyer's easement interest in the approximate 2,397 square foot permanent footing easement portion of the Property free and clear of all liens, encumbrances, restrictions, and rights- of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): i. Real property taxes for the current tax fiscal year that are not due and payable. ii. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and iii. Those non -monetary exceptions approved by Buyer within ten business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow will thereupon terminate, all funds deposited therein will be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement will have no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller will use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement will thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee interest in the approximate 16,652 square foot fee portion of the Property and Buyer's easement interest in the approximate 2,397 square foot permanent footing easement portion of the Property will be free and clear of all monetary encumbrances. b. The parties recognize that Buyer's approval of the Permitted Title Exceptions is subject to approval by the Caltrans. c. Buyer will have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form Owners Policy of Title Insurance. In such event, Buyer will, at its expense, procure an ALTA survey. Buyer will pay the cost of any such ALTA Extended Coverage Form Policy of Title Insurance. 5. Deposit. Buyer covenants and agrees to deposit the Purchase Price with Escrow Holder within 15 business days after the date this Agreement is fully executed by the parties. 6. Conveyance Documents. Seller covenants and agrees to deposit with Escrow Holder within 15 business days after the date this Agreement is fully executed by the parties, (i) the Grant Deed ("Grant Deed") duly executed and acknowledged by Seller, granting and conveying to Buyer the approximate 16,652 square foot portion of the Property in fee; (ii) the Grant of Easement ("Grant of Easement") conveying to Buyer the approximate 2,397 square foot permanent footing easement; and (iii) the Grant of Temporary Construction Easement conveying to Buyer the approximate 18,514 square foot temporary construction easement with a term of 15 months. The forms of the Grant Deed, Grant of Easement and Grant of Temporary Construction Easement are attached as Exhibit "C", Exhibit "D" and Exhibit "E", respectively, to this Agreement and are incorporated in this Agreement by this reference. Buyer will accept said executed Grant Deed, Grant of Easement and Grant of Temporary Construction Easement prior to recording. 7. Temporary Construction Easement. a. Term. The term of the approximate 18,514 square foot temporary construction easement commenced on June 1, 2012 ("commencement date") and will terminate 15 months from the commencement date. The City is authorized to use the temporary construction easement for 15 months from the commencement date in connection with its construction of the Proposed Project. The temporary construction easement will expire on the earlier of (1) 15 months from the commencement date or (2) the date on which the City records a notice of termination of the temporary construction easement in the Official Records of the County of Riverside. b. Damage to Improvements in Area of Temporary Construction Easement. The City will replace with material of like kind and quality any improvements, landscaping and irrigation located in the area of the approximate 18,514 square foot temporary construction easement damaged in connection with the City's construction of the Proposed Project. 8. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: a. Escrow Holder can issue in favor of Buyer the Policy, showing Buyer's fee interest in the approximate 16,652 square foot fee portion of the Property and Buyer's easement interest in the approximate 2,397 square foot permanent footing easement portion of the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering the Property, so that the Property will be free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from Seller regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Property. b. City will have deposited with Escrow Holder the Purchase Price and Escrow Charges. c. Escrow Holder will have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for below in Section 13; and d. Seller will have deposited in Escrow the executed Conveyance Documents (Grant Deed, Grant of Easement and Grant of Temporary Construction Easement) as required by Section 6 and the estoppel certificate required by Section 13.e. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Conveyance Documents (Grant Deed, Grant of Easement and Grant of Temporary Construction Easement). 9. Escrow Charges and Prorations. a. Buyer will pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance (or at Buyer's option the ALTA Extended Coverage Policy), Escrow Costs and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer will pay for recording the Grant Deed, Grant of Easement and Grant of Temporary Construction Easement and any documentary or other local transfer taxes, and any other recording fees. If the Escrow fails to close through no fault of either party, Buyer will pay all Escrow cancellation charges. b. Taxes and assessments will be apportioned and prorated for the approximate 16,652 square foot fee portion of the Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if Buyer were vested with fee title to the approximate 16,652 square foot portion of the Property during the entire day upon which Close of Escrow occurs. If taxes and assessments for the current year have not been paid before the Close of Escrow, Seller will be charged at the Close of Escrow an amount equal to that portion of such taxes and assessments that relates to the period before the Close of Escrow and Buyer will pay the taxes and assessments prior to their becoming delinquent. Any such apportionment made with respect to a tax year for which the tax rate or assessed valuation, or both, have not yet been fixed will be based upon the tax rate and/or assessed valuation last fixed. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the Close of Escrow, the parties will make all necessary adjustments by appropriate payments between themselves following the Close of Escrow. Seller will pay all delinquent taxes and assessments (and any penalties therein) for periods prior to the Close of Escrow, if any, affecting the Property. c. All prorations will be determined on the basis of a 365 -day year. 10. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow: a. That to the best of Seller's knowledge (i) on the Close of Escrow the Property will be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations. Seller will indemnify and hold Buyer harmless for a breach of this warranty and representations provided Buyer notifies Seller within three years from the Closing Date. i. The Purchase Price of the Property reflects the fair market value of the Property without the presence of contamination. If the Property is found to be contaminated by the presence of hazardous waste that requires mitigation under federal or state law within three years from the Closing Date, the City may elect to recover its cleanup costs from those who caused or contributed to the contamination. b. That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller will not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. c. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the Property to Buyer, violates or will violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. d. Except as disclosed in the title commitment referred to in Section 4, there are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such written or oral leases or contractual rights or options to lease, purchase or otherwise enjoy possession, rights or interest of any nature in and to the Property, or any part thereof. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal that involves the Property. 11. Representations and Warranties of Buyer. Buyer hereby represents and warrants to the Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. Buyer has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. Buyer has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein. c. Neither this Agreement nor anything to be provided to be done hereunder, including acquisition of the Property by Buyer, violates or shall violate, any contract, instrument, partnership agreement, trust agreement, or any other agreement to which Buyer is a party, and which affects the Property or any part thereof, and the purchase of the Property herein contemplated does not require the consent of any party not a signatory hereto. 12. City's Full Payment of Purchase Price. a. It is understood and agreed between Seller and Buyer that the City's payment to Seller of the Purchase Price set forth in this Agreement, is the full and complete consideration and payment of just compensation for the City's acquisition of all real property interests pertaining to the Property, and specifically includes, but is not limited to, just compensation for the land comprising the Property and all improvements on the Property, compensation for the City's use of the approximate 18,514 square foot temporary construction easement with a term of 15 months, claims arising in connection with or out of the Buyer's acquisition of the Property or the Project for which the Buyer is acquiring the Property, claims for severance and other damages, inverse condemnation, or any other damages of every kind and nature suffered by the Seller by reason of the City's acquisition of the Property or the Proposed Project for which the City is acquiring the Property, and all costs and expenses whatever in connection therewith. b. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller's successors and assigns, fully releases Buyer, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of Buyer's efforts to acquire the Property or any preliminary steps thereto. Seller further releases and agrees to hold Buyer harmless from any and all claims and causes of action by reason of any leasehold interest in the Property. c. Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Seller's Initials: Buyer's Initials: d. This Section will survive the Close of Escrow 13. Buyer's Contingencies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property will be contingent upon and subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. b. The delivery to Escrow Holder of all documents pursuant to Sections 6 and 12.e. of this Agreement. c. Title Company's commitment to issue in favor of Buyer CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's fee interest in the approximate 16,652 square foot fee portion of the Property and Buyer's easement interest in the approximate 2,297 square foot permanent footing easement portion of the Property subject only to the Permitted Title Exceptions. d. Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property that Buyer might perform prior to the Close of Escrow. e. Seller's obtaining and delivering to Escrow an estoppel certificate from the Association for the Rancho Silverado Business Park certifying that the Property and Seller are not in default under any obligations under any conditions, covenants or restrictions encumbering the Property pursuant to the Declaration of Covenants, Conditions and Restrictions for Rancho Silverado Business Park an Industrial/Commercial Business Park recorded on March 12, 1986 as Instrument Number 57354 of Official Records of the County of Riverside, and any and all amendments to said Declaration of Protective Covenants. 14. Certain Definitions. a. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by- product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. b. The term `Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 15. Evidence in Court Proceeding. The parties agree that the total Purchase Price of $506,927 or any inference of per square foot value of the Property based on said Purchase Price will not be admissible as evidence of the fair market value of the Property in any eminent domain or other proceeding or litigation concerning the Property. 16. Certification of Non -Foreign Status. Seller agrees to deliver to Escrow a certification of Non -Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 17. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non -defaulting party will have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non -defaulting party, Buyer will thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non -defaulting party will be without prejudice to the non -defaulting party's rights and remedies at law or equity. 18. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Escrow Holder. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: BUYER: City of Temecula, a Municipal Corporation 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: Robert C. Johnson, City Manager COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue 40th Floor Los Angeles, California 90071-3101 SELLER: City of Murrieta, a Municipal Corporation C/O Patrick Thomas, Dir. of Public Works 1 Town Square 24601 Jefferson Avenue Murrieta, California 92562 ESCROW Chicago Title HOLDER: One Better World Circle Temecula, California 92590 Telephone No. (909) 676-3695 Fax No. (951) 587-3795 19. Further Documents. Each party will, wherever and as often as it shall be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to complete the sale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement. 20. Amendments. Any amendments to this Agreement will be effective only when duly executed by both Buyer and Seller and deposited with Escrow Holder. 21. Miscellaneous. a. Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter of this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person who is not contained herein will be valid or binding on Seller or Buyer. c. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. e. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile signatures will be deemed to be original signatures, and will be followed by the delivery of the original signature pages by U.S. Mail. f. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. g. Interpretation and Construction. The parties agree that each party has reviewed this Agreement and that each have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. h. Destruction of Property Prior to Close of Escrow. If the Property is materially destroyed by fire, earthquake or other calamity without the fault of either party before the Close of Escrow, the City, in its sole discretion, may rescind this Agreement. In any such event, the City may reappraise the Property and make an offer based on any such appraisal. i. Exhibits. The exhibits attached hereto are incorporated in this Agreement by reference herein. 22. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees from the other party. 23. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. 24. Assignment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation will not relieve Buyer of any of its obligations under this Agreement. Signatures on Next Page IN WITNESS WHEREOF, this Agreement is effective as of the day and year first written above. SELLER CITY OF MURRIETA, a Municipal Corporation Dated: be0erriler Li; as 1 APPROVED AS TO CONTENT: f)01 Director of Pub is Works/ City Engineer rk� APPROVED AS TO FORM: Devaney. City Att ATTEST: Lel tr-N Kay Vin y Clerk BUYER CITY OF TEMECULA, a Municipal Corporation Dated: ATTEST: Susan W. Jones, MMC, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney DB 6uglas cAllister, Mayor By: Chuck Washington, Mayor EXHIBIT "A" LEGAL DESCRIPTION OF 16,652 SQUARE FOOT FEE PARCEL EXHIBIT "A" SHEET 1 OF 1 LEGAL DESCRIPTION That portion of Parcel 2 of Parcel Map No. 29745, in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 200 of Parcel Maps, Pages 5 and 6, in the Office of the County Recorder of said County, described as follows: BEGINNING at the most easterly corner of said Parcel 2; thence along the northeasterly line of said Parcel 2, North 41° 24' 09" West, 18.725 meters (61.43 feet); thence leaving said northeasterly line, South 48° 03' 26" West, 92.699 meters (304.13 feet); thence South 86° 18' 44" West, 16.702 meters (54.80 feet) to a point on the southwesterly line of said Parcel 2; thence along said southwesterly line, South 48° 40' 13" East, 1.260 meters (4.13 feet) to a point on the southerly line of said Parcel 2, said point being the beginning of a non -tangent curve concave northerly and having a radius of 136.387 meters (447.46 feet), a radial through said point bears South 02° 58' 54" East; thence easterly along said curve and said southerly line, 2.904 meters (9.53 feet) through a central angle of 01° 13' 12" to a point of tangency; thence continuing along said southerly line, North 85° 47' 54" East, 42.595 meters (139.75 feet) to a point on the southeasterly line of said Parcel 2; thence along said southeasterly line, North 48° 00' 27" East, 69.530 meters (228.12 feet) to the POINT OF BEGINNING. Containing approximately 1547.0 square meters (16,652 square feet), more or less. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in above description by 1.00008654 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. AI144 .:��I ! 'L. Ellio , L.S. 6334 s 1. �(& Grt Tri Affects APN 910-262-045 :\2003\030154MAPPING4egalAtee parce12.000 Date EXHIBIT "B" [Insert Map Depicting 16,652 Square Foot Parcel] L6 L7 L8 L32 L33 L34 L35 L36 L37 CITY OF MURRIETA COUNTY OF RIVERSIDE STATE OF CALIFORNIA N48°01'2.8"F 126.983m (416.61') N57°57'36"E N46°46'58"E N41°51'59"W N86°18'44"E S85°47'54"W S48°00'27"W S41°24'09"E N48°40'13"W N41°24'09"W 0.316m (1.04') 2.566m (8.42') 13.334m (43.75') 16.702m (54.80') 42.595m (139.75') 69.530m (228.12') 18./25m (61 .43' ) 1.260m (4.13') 56.269m (184.61') PARCEL MAP N0. 29745 P.M.B. 200/5-6 PARCFL. 2 C24 A=01°13'12" R=136.387m (447.46') L=2.904m (9.53') DL m -n zm c� mcn 0 z , CITY OF MURRIETA R/W N48°03'26"E 92.699m (304.13') L6 EXHIBIT "B" SHEET 1 OF 1 AUTO MALL PARKWAY L7N,,vt N N M E 0 N 0 0 N v vr 00 N M 1.34 CITY LIMITS PROP FRENCH VALLEY PARKWAY SCALE 1:1000 P.O.B. FAY COR PAR 1 R/W CITY OF TEMECULA Associated Engineers, Inc. 3311 EAST SHELBY STREET ONTARIO, CA . 91764 TEL. (909) 980-1982 FAX: (909) 941-0891 AREA 1547.0 SM 16,852 SF FEE ACQUISITION AFFECTS PARCEL 2, P.M.B. 200/5-6 APN: 910-262-045 I•\7M1\f13nIF\mnnnInn\nlntc\nlnf nnr 1 fnaa (inn EXHIBIT "A" LEGAL DESCRIPTION OF 2,397 SQUARE FOOT PERMANENT FOOTING EASEMENT EXHIBIT "A" SHEET 1 OF 1 PERMANENT FOOTING EASEMENT LEGAL DESCRIPTION That portion of Parcel 2 of Parcel Map No. 29745, in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 200 of Parcel Maps, Pages 5 and 6, in the Office of the County Recorder of said County, described as follows: COMMENCING at the most easterly corner of said Parcel 2; thence along the northeasterly line of said Parcel 2, North 41° 24' 09" West, 18.725 meters (61.43 feet) to the POINT OF BEGINNING; thence leaving said northeasterly line, South 48° 03' 26" West, 43.045 meters (141.22 feet); thence North 41° 56' 35" West, 5.170 meters (16.96 feet); thence North 48° 03' 26" East, 43.094 meters (141.38 feet); thence, South 41° 24' 09" East, 5.170 meters (16.96 feet) to the POINT OF BEGINNING. Containing approximately 222.7 square meters (2,397 square feet), more or less. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in above description by 1.00008654 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. James L. Elli .tt, L.S. 6334 Affects APN 910-282-045 L:12003\03015\MAPPING \legals\PFE parie12.DOC Date EXHIBIT "B" [Insert Map Depicting 2,397 Square Foot Permanent Footing Easement] z A 07 0 A 0 W -16 01 0 3 01 Q' 50' 0 N619^,SBS'C, L6 L7 L8 L30 L31 L32 L33 L34 L35 L36 L37 r W c CITY OF MURRIETA COUNTY OF RIVERSIDE STATE OF CALIFORNIA N48°01'28"E 126.983m (416.61') N57°57'36"E N46°46'58"E N41051159"W N41024109"W N41°56'35"W N86°18'44"E N85°47'54"E N48°00'27"E N41024'09"W N48°40'13"W N41024109"W 0.316m 2.566m 13.334m 5.170m 5.170m 16.702m 42.595m 69.530m 18.725m 1.260m 56.269m (1.04') (8.42') (43.75') (16.96') (16.96') (54.80') (139.75') (228.12') (61.43') (4.13') (184.61') PARCEL MAP NO. 29745 P.M.B. 200/5-6 PARCEL 2 C24 A=01°13'12" R=136.387m (447.46') L=2.904m (9.53') mN z CITY OF MURRIETA L6 N M J EXHIBIT "B" SHEET 1 OF 1 (i- -C AUTO MALL L7 PARKWAY -- M • E 0 N 0 N Z N48°03'26"E - 43.094m (141.38') L30 43.045m (141.22') N48°03'26"E 92.699m (304.13') L34 CITY LIMITS PROP FRENCH VALLEY PARKWAY SCALE 1:1000 0.121M (0.40') ro P.O.C. E'LY COR PAR 2 7R/W CITY OF TEMECULA Associated Engineers, Inc. 3311 EAST SHELBY STREET ONTARIO, CA . 91764 TEL. (909) 980-1982 FAX: (909) 941-0891 AREA 222.7 SM 2,397 SF PERMANENT FOOTING EASEMENT AFFECTS PARCEL 2, P.M.B. 200/5-6 APN: 910-262-045 :\2003\03015\mapping\plats\plat_par_I_esmt.dgn EXHIBIT "A" LEGAL DESCRIPTION OF 18,514 SQUARE FOOT TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "A" Legal Description Temporary Construction Easement APN 910-262-045 That portion of Parcel 2 of Parcel Map No. 29745, in the City of Murrieta, County of Riverside, State of California, per map recorded in Book 200, Pages 5 and 6 of Parcel Maps in the office of the County Recorder of said County, described as follows: COMMENCING at the most easterly corner of said Parcel 2; thence along the northeasterly line of said Parcel 2, North 41°24'09" West, 33.195 meters (108.91 feet) to the TRUE POINT OF BEGINNING; thence leaving said northeasterly line, South 48°03'26" West, 43.094 meters (141.38 feet); thence South 41°56'35" East, 5.170 meters (16.96 feet); thence South 48°03'26" West, 49.654 meters (162.91 feet); thence South 86°18'44" West, 16.702 meters (54.80 feet) to the southwesterly line of said Parcel 2; thence along said southwesterly line, North 48°40'13" West, 51.449 meters (168.80 feet); thence leaving said southwesterly line, North 81°40'37" East, 10.915 meters (35.81 feet); thence South 41°56'34" East, 4.574 meters (15.01 feet); thence North 81°40'37" East, 3.362 meters (11.03 feet); thence South 41°56'34" East, 12.166 meters (39.91 feet); thence North 48°03'26" East, 4.200 meters (13.78 feet); thence South 41°56'34" East, 17.957 meters (58.91 feet); thence North 48°03'26" East, 3.540 meters (11.61 feet); thence South 41 °56'34" East, 4.364 meters (14.32 feet); thence North 48°03'26" East, 92.349 meters to the northeasterly line of said Parcel 2; thence along said northeasterly line, South 41°24'09" East, 9.300 meters (30.51 feet) to the TRUE POINT OF BEGINNING. The above-described parcel of land contains approximately 1720 square meters (18,514 square feet). As more particularly shown on Exhibit "13" attached hereto and made a part hereof. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in the above description by 1.00008654 to obtain ground level distances. This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyor's Act. Teri Kahlen, PLS 8746 ,I19111 Date EXHIBIT "B" [Insert Map Depicting 18,514 Square Foot Temporary Construction Easement] 1 1 50 W1 'RC O 1 .o ` E OD° 3 1 1 CITY OF MURRlETA i CITY OF TEAlECULA � 0 PARCEL MAP NO. 29745 P.M.B. 200/5-6 PARCEL 2 APN 910-262-045 PROPERTY OWNER: CITY OF MURR(ETA PER O.R. 2006-0581462 lO N41•24'09"W 33.195m (108.91') O2 S48.03'26"W 43.094m (141.38') O3 S41.56'35"E 5.170m (16.96') O4 S86.18'44"W 16.702m (54.80') O5 N81.40'37"E 10.915m (35.81') 0 S41.56'34"E 4.574m (15.01') O7 N81.40'37"E 3.362m (11.03') N48.03'26"E 92.349m (302.98') Or A 1 1 1 1 49.654m (162.91') S48.03'26"W INDICATES AREA TO BE ACQUIRED 2 PROPOSED R/W PARCEL MAP NO. 30289 P.M.B. 203/32-35 PARCEL 8 P.O.C. E LY COR PARCEL 2 PARCEL MAP N0. 29745 PROPOSED FRENCH VALLEY PARKWAY S41°56'34"E 12.166m (39.91') N48°03'26"E 4.200m (13.78') 10 S41.56'34"E 17.957m (58.91') 11 N48.03'26"E 3.540m (11.61') 12 S41.56'34"E 4.364m (14.32') 13 S41°24'09"E 9.300m (30.51') California -71k (7 C711 Specialists, Inc. EXHIBIT "B" CITY OF MURRIETA COUNTY OF RIVERSIDE STATE OF CALIFORNIA FRENCH VALLEY PARKWAY TEMPORARY CONSTRUCTION EASEMENT SHEET: 1 OF 1 DATE: 9/19/11 DRAWN BY: TLK SCALE: 1:1000 EXHIBIT "C" FORM OF GRANT DEED Exhibit "C" Form of Grant Deed RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Recording Fee: Exempt pursuant to Government Code §§ 6103 and 27383 [SPACE ABOVE FOR RECORDER'S USE ONLY] Portions of APN 910-262-045 No Documentary Transfer Taxes Due: See Revenue & Taxation § 11922 and Government Code § 6103 GRANT DEED THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF MURRIETA, a municipal corporation ("GRANTOR") hereby grants to the CITY OF TEMECULA, a municipal corporation ("GRANTEE") in fee the approximate 16,652 square foot (1,547.0 square meters) portion ("Property") of the real property located in the City of Murrieta, County of Riverside, California known as Parcel 2 of Parcel Map No. 29745, in the City of Murrieta, County of Riverside, as per Map recorded in Book 200 of Parcel Maps, pages 5 and 6 in the Official Records of the County of Riverside, which is identified as Riverside County Assessor's Parcel Number 910-262-045 ("Larger Parcel"). The Property is described more particularly in Exhibit "A" and depicted on Exhibit "B" to this Grant Deed. Exhibits "A" and "B" are incorporated in this Grant Deed by this reference. In WITNESS WHEREOF, GRANTOR has executed this Grant Deed as of the date set forth below: GRANTOR CITY OF MURRIETA, a municipal corporation Dated: By: Douglas McAllister, Mayor STATE OF CALIFORNIA COUNTY OF Exhibit "C" Form of Grant Deed }ss. } On , before me, a 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 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged CITY OF TEMECULA Office of the City Clerk 41000 Main Street Exhibit "C" Form of Grant Deed P.O. Box 9033 Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT DEED (Govt. Code § 27281) (APN 910-262-045) This is to certify that the approximate 16,652 square foot (1,5470.0 square meters) portion of the real property located in the City of Murrieta, County of Riverside, California known as Parcel 2 of Parcel Map 29745, in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 200 of Parcel Maps, Pages 5 and 6 in the Official Records of the County of Riverside, and identified as Riverside County Assessor's Parcel Number 910-262-045, which is granted in fee to the City of Temecula pursuant to the attached Grant Deed, is hereby accepted under the authority of the City Council of the City of Temecula and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: City of Temecula By: Robert C. Johnson, City Manager ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: Peter M. Thorson, City Attorney Exhibit "C" Form of Grant Deed EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY EXHIBIT "A" SHEET 1 OF 1 LEGAL DESCRIPTION That portion of Parcel 2 of Parcel Map No. 29745, in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 200 of Parcel Maps, Pages 5 and 6, in the Office of the County Recorder of said County, described as follows: BEGINNING at the most easterly corner of said Parcel 2; thence along the northeasterly line of said Parcel 2, North 41° 24' 09" West, 18.725 meters (61.43 feet); thence leaving said northeasterly line, South 48° 03' 26" West, 92.699 meters (304.13 feet); thence South 86° 18' 44" West, 16.702 meters (54.80 feet) to a point on the southwesterly line of said Parcel 2; thence along said southwesterly line, South 48° 40' 13" East, 1.260 meters (4.13 feet) to a point on the southerly line of said Parcel 2, said point being the beginning of a non -tangent curve concave northerly and having a radius of 136.387 meters (447.46 feet), a radial through said point bears South 02° 58' 54" East; thence easterly along said curve and said southerly line, 2.904 meters (9.53 feet) through a central angle of 01° 13' 12" to a point of tangency; thence continuing along said southerly line, North 85° 47' 54" East, 42.595 meters (139.75 feet) to a point on the southeasterly line of said Parcel 2; thence along said southeasterly line, North 48° 00' 27" East, 69.530 meters (228.12 feet) to the POINT OF BEGINNING. Containing approximately 1547.0 square meters (16,652 square feet), more or less. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in above description by 1.00008654 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Affects APN 910-262-045 L:\2003\03015\MAPPING\legals\Fee parce12.DOC HZ'S- 2c /► Date Exhibit "C" Form of Grant Decd EXIIIBIT "B" CITY OF MURRIETA COUNTY OF RIVERSIDE STATE OF CALIFORNIA N48°01'28"E 126.983m (416.61') z J> M 0 0 LAI S 0 \ \� N'S L6 L7 L8 L32 L33 L34 L35 L36 L37 N57°57' 36"E N46°46'58"E N41°51' 59"W N86°18'44"E 585°47' 54"W S48°00'27"W 541°24'09"E N48°40' 13"W N41024109"W 0.316m (1.04') 2.566m (8.42') 13.334m (43.75') 16.702m (54.80') 42.595m (139.75') 69.530m (228.12') 18.725m (61.43') 1.260m (4.13') 56.269m (184.61') PARCEL MAP NO. 29745 P.M.B. 200/5-6 PARCEL 2 C24 A=01°13'12" R=136.387m (447.46') L=2.904m (9.53') CITY OF MURRIETA N48°03'26"E 92.699m (304.13') L34 CITY LIMITS PROP Q FRENCH -' VALLEY PARKWAY L6 EXHIBIT "B" SHEET 1 OF 1 ckC AUTO MALL COJ PARKWAY L7-y SCALE 1:1000 E 0 N42°02'40"W E - .K1 -00 -v v� LI -)n ti N M 9 Ln P.O.B. ro /E'LY COR PAR 1 RAY CITY OF TEMECULA / Associated Engineers, Inc. 3311 EAST SHELBY STREET ONTARIO, CA . 91764 TEL. (909) 980-1982 FAX: (909) 941-0891 AREA 1547.0 SM 16,652 SF FEE ACQUISITION AFFECTS PARCEL 2, P.M.B. 200/5-6 APN: 910-262-045 I:\2003\03015\mapping\plats\plat_par_i_fee.dan EXHIBIT "D" FORM OF GRANT OF EASEMENT Exhibit "D" Form of Grant Of Permanent Easement RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Recording Fee: Exempt pursuant to Government Code §§ 6103 and 27383 [SPACE ABOVE FOR RECORDER'S USE ONLY] Portions of APN 910-262-045 No Documentary Transfer Taxes Due: See Revenue & Taxation § 11922 and Government Code § 6103 GRANT OF PERMANENT EASEMENT THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: GRANTOR CITY OF MURRIETA, a municipal corporation ("GRANTOR") is the record fee owner of the real property located in the City of Murrieta, County of Riverside, California known as Parcel 2 of Parcel Map No. 29745, in the City of Murrieta, County of Riverside, as per Map recorded in Book 200 of Parcel Maps, pages 5 and 6 in the Official Records of the County of Riverside, which is identified as Riverside County Assessor's Parcel Number 910-262-045 ("Property"). GRANTOR desires to grant to the CITY OF TEMECULA, a municipal corporation, located in the County of Riverside, State of California ("GRANTEE") and GRANTEE desires to acquire from GRANTOR an approximate 2,397 square foot (222.7 square meters) Permanent Footing Easement ("Permanent Footing Easement") on the Property for public street purposes and all uses necessary or convenient thereto in connection with the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements (Project Numbers PS -2-11 and PW07-04). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE the approximate 2,397 square foot (222.7 square meters) Permanent Footing Easement on the Property for public street purposes and all uses necessary or convenient thereto. The approximate 2,397 square foot Permanent Footing Easement is described more particularly on Exhibit "A" and Exhibit "D" Form of Grant Of Permanent Easement depicted on Exhibit "B" to this Grant of Permanent Easement. Exhibits "A" and "B" are incorporated in this Grant of Permanent Easement by this reference. In WITNESS WHEREOF, GRANTOR has executed this Grant of Permanent Easement as of the date set forth below: GRANTOR CITY OF MURRIETA, a municipal corporation Dated: By: Douglas McAllister, Mayor STATE OF CALIFORNIA COUNTY OF } ss. } On , before me, a 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 (This area for official notarial seal) Exhibit "D" Form of Grant Of Permanent Easement Title of Document Date of Document No. of Pages Other signatures not acknowledged Exhibit "D" Form of Grant Of Permanent Easement CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT OF PERMANENT EASEMENT (Govt. Code § 27281) (APN 910-262-045) This is to certify that the approximate 2,397 square foot (222.7 square meters) Permanent Footing Easement on the real property located in the City of Murrieta, County of Riverside, California known as Parcel 2 of Parcel Map 29745, in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 200 of Parcel Maps, Pages 5 and 6 in the Official Records of the County of Riverside, and identified as Riverside County Assessor's Parcel Number 910-262-045, which is granted to the City of Temecula pursuant to the attached Grant of Permanent Easement, is hereby accepted under the authority of the City Council of the City of Temecula and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: City of Temecula By: Robert C. Johnson, City Manager ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: Peter M. Thorson, City Attorney Exhibit "D" Form of Grant Of Permanent Easement EXHIBIT "A" LEGAL DESCRIPTION OF PERMANENT FOOTING EASEMENT EXHIBIT "A" SHEET 1 OF 1 PERMANENT FOOTING EASEMENT LEGAL DESCRIPTION That portion of Parcel 2 of Parcel Map No. 29745, in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 200 of Parcel Maps, Pages 5 and 6, in the Office of the County Recorder of said County, described as follows: COMMENCING at the most easterly corner of said Parcel 2; thence along the northeasterly line of said Parcel 2, North 41° 24' 09" West, 18.725 meters (61.43 feet) to the POINT OF BEGINNING; thence leaving said northeasterly line, South 48° 03' 26" West, 43.045 meters (141.22 feet); thence North 41° 56' 35" West, 5.170 meters (16.96 feet); thence North 48° 03' 26" East, 43.094 meters (141.38 feet); thence, South 41° 24' 09" East, 5.170 meters (16.96 feet) to the POINT OF BEGINNING. Containing approximately 222.7 square meters (2,397 square feet), more or less. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in above description by 1.00008654 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. James L. Elliott, L.S. 6334 Affects APN 910-262-045 L:\7003\03015\MAPPING\legals\PFE parcel2.DOC -2•-ao/1 Date Exhibit "D" Form of Grant Of Permanent Easement EXHIBIT "B" (DEPICTION OF PERMANENT FOOTING EASEMENT) CITY OF MURRIETA COUNTY OF RIVERSIDE STATE OF CALIFORNIA N48°01'28"E 126.983m (416.61') L6 L7 L8 L30 L31 L32 L33 L34 L35 L 36 L37 N57°57' 36"E N46°46' 58"E N41°51' 59"W N41°24'09"W N41056' 35"W N86°18' 44"E N85°47' 54"E N48°00' 27"E N41°24'09"W N48°40' 13"W N41024' 09"W 0.316m (1.04') 2.566m (8.42') 13.334m (43.75') 5.170m (16.96') 5.170m (16.96') 16.702m (54.80') 42.595m (139.75') 69.530m (228.12') 18.725m (61 .43' ) 1.260m (4.13') 56.269m (184.61') PARCEL MAP NO. 29745 P.M.B. 200/5-6 PARCEL 2 C24 A=01°13'12" R=136.387m (447.46') L=2.904m (9.53') CITY OF v1URRIETA �RAV L31 L6 EXHIBIT "B" SHEET 1 OF 1 ckC AUTO MALL OD PARKWAY L7 E � N N) • Imo- N O N48°03'26"E 43.094m (141.38') l SCALE 1:1000 N42°02'40"W 113.150rn .- 0.121m (0.40') L30 43.045m (141.22') N48°03'26"E 92.699m (304.13') L34 CITY LIMITS PROP FRENCH -' VALLEY PARKWAY P.O.B. P.O.C. / E'LY COR PAR 2 CITY OF TEvECULA Associated Engineers, Inc. 3311 EAST SHELBY STREET ONTARIO, CA . 91764 TEL. (909) 980-1982 FAX: (909) 941-0891 AREA 222.7 SM 2,397 SF PERMANENT FOOTING EASEMENT AFFECTS PARCEL 2, P.M.B. 200/5-6 APN: 910-262-045 I:\2003\03015\maor1na\plats \nln+ nnr 1 AAm+_rinn EXHIBIT "E" FORM OF GRANT OF TEMPORARY CONSTRUCTION EASEMENT Exhibit "E" Form of Grant Of Temporary Construction Easement RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Recording Fee: Exempt pursuant to Government Code §§ 6103 and 27383 [SPACE ABOVE FOR RECORDER'S USE ONLY] Portions of APN 910-262-045 No Documentary Transfer Taxes Due: See Revenue & Taxation § 11922 and Government Code § 6103 GRANT OF TEMPORARY CONSTRUCTION EASEMENT THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: GRANTOR CITY OF MURRIETA, a municipal corporation ("GRANTOR") is the record fee owner of the real property located in the City of Murrieta, County of Riverside, California known as Parcel 2 of Parcel Map No. 29745, in the City of Murrieta, County of Riverside, as per Map recorded in Book 200 of Parcel Maps, pages 5 and 6 in the Official Records of the County of Riverside, which is identified as Riverside County Assessor's Parcel Number 910-262-045 ("Property"). GRANTOR desires to grant to the CITY OF TEMECULA, a municipal corporation, located in the County of Riverside, State of California ("GRANTEE") and GRANTEE desires to acquire from GRANTOR an approximate 18,514 square foot (1,720 square meters) Temporary Construction Easement ("Temporary Construction Easement") on the Property with a term of 15 months to facilitate the construction of the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements (Project Numbers PS -2-11 and PW07-04) ("Project"). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE the Temporary Construction Easement on the Property to facilitate the construction by GRANTEE of the Project. The Temporary Construction Easement is described more particularly on Exhibit "A" and depicted on Exhibit "B" to this Grant of Temporary Construction Easement. Exhibits Exhibit "E" Form of Grant Of Temporary Construction Easement "A" and "B" are incorporated in this Grant of Temporary Construction Easement by this reference. The term of the Temporary Construction Easement commenced on June 1, 2012 and will expire on the earlier of (1) 15 months from the June 1, 2012 commencement date or (2) the date on which GRANTEE records a notice of termination of the Temporary Construction Easement in the Official Records of the County of Riverside. The purpose and scope of the Temporary Construction Easement is to provide additional right of way to facilitate the movement of GRANTEE's construction equipment for the construction of the Project, storage and assembly of equipment and materials, ingress, egress, and any related support activities to facilitate the construction of the Project. In WITNESS WHEREOF, GRANTOR has executed this Grant of Temporary Construction Easement as of the date set forth below: GRANTOR CITY OF MURRIETA, a municipal corporation Dated: By: Douglas McAllister, Mayor STATE OF CALIFORNIA COUNTY OF } ss. } On , before me, a 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. Exhibit "E" Form of Grant Of Temporary Construction Easement 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 arca for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged Exhibit "E" Form of Grant Of Temporary Construction Easement CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT OF TEMPORARY CONSTRUCTION EASEMENT (Govt. Code § 27281) (APN 910-262-045) This is to certify that the approximate 18,514 square foot (1,720 square meters) Temporary Construction Easement with a term of 15 months on the real property located in the City of Murrieta, County of Riverside, California known as Parcel 2 of Parcel Map 29745, in the City of Murrieta, County of Riverside, State of California, as per Map recorded in Book 200 of Parcel Maps, Pages 5 and 6 in the Official Records of the County of Riverside, and identified as Riverside County Assessor's Parcel Number 910- 262-045, which is granted to the City of Temecula pursuant to the attached Grant of Temporary Construction Easement, is hereby accepted under the authority of the City Council of the City of Temecula and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: City of Temecula By: Robert C. Johnson, City Manager ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: Peter M. Thorson, City Attorney Exhibit "E" Form of Grant Of Temporary Construction Easement EXHIBIT "A" LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "A" Legal Description Temporary Construction Easement APN 910-262-045 That portion of Parcel 2 of Parcel Map No. 29745, in the City of Murrieta, County of Riverside, State of California, per map recorded in Book 200, Pages 5 and 6 of Parcel Maps in the office of the County Recorder of said County, described as follows: COMMENCING at the most easterly comer of said Parcel 2; thence along the northeasterly line of said Parcel 2, North 41°24'09" West, 33.195 meters (108.91 feet) to the TRUE POINT OF BEGINNING; thence leaving said northeasterly line, South 48°03'26" West, 43.094 meters (141.38 feet); thence South 41°56'35" East, 5.170 meters (16.96 feet); thence South 48°03'26" West, 49.654 meters (162.91 feet); thence South 86°18'44" West, 16.702 meters (54.80 feet) to the southwesterly line of said Parcel 2; thence along said southwesterly line, North 48°40'13" West, 51.449 meters (168.80 feet); thence leaving said southwesterly line, North 81°40'37" East, 10.915 meters (35.81 feet); thence South 41°56'34" East, 4.574 meters (15.01 feet); thence North 81°40'37" East, 3.362 meters (11.03 feet); thence South 41°56'34" East, 12.166 meters (39.91 feet); thence North 48°03'26" East, 4.200 meters (13.78 feet); thence South 41°56'34" East, 17.957 meters (58.91 feet); thence North 48°03'26" East, 3.540 meters (11.61 feet); thence South 41°56'34" East, 4.364 meters (14.32 feet); thence North 48°03'26" East, 92.349 meters to the northeasterly line of said Parcel 2; thence along said northeasterly line, South 41°24'09" East, 9.300 meters (30.51 feet) to the TRUE POINT OF BEGINNING. The above-described parcel of land contains approximately 1720 square meters (18,514 square feet). As more particularly shown on Exhibit "B" attached hereto and made a part hereof. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in the above description by 1.00008654 to obtain ground level distances. This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyor's Act. Teri Kahlen, PLS 8746 Exhibit "E" Form of Grant Of Temporary Construction Easement EXHIBIT "B" (DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT) PARCEL MAP NO. 29745 P.M.B. 200/5-6 PARCEL 2 •o` E CO 0+ z APN 910-262-045 PROPERTY OWNER: CITY OF MURRIETA PER O.R. 2006-0581462 1( N41°24'09"W 33.195m (108.91') O 548°03'26"W 43.094m (141.38') 0 541°56135"E 5.170m (16.96') 0 586°18'44"W 16.702m (54.80') O N81°40'37"E 10.915m (35.81') O 541°56'34"E 4.574m (15.01') O7 N81°40'37"E 3.362m (11.03') N48°03'26"E 92.349m (302.98') -49.654m (162.91') S48°03'26"W CITY OF MURRIETA CITY OF TEMECULA CC PROPOSED FRENCH VALLEY PARKWAY / A 2 PROPOSED R/W PARCEL 8 P.O.C. ,AR LY COR PARCEL 2 PARCEL MAP N0. 29745 INDICATES AREA TO BE ACQUIRED 541°56'34"E 12.166m (39.91') O N48°03'26"E 4.200m (13.78') 10 541°56'34"E 17.957m (58.91') 11 N48°03'26"E 3.540m (11.61') 12 541°56134"E 4.364m (14.32') 13 541°24'09"E 9.300m (30.51') cPsI California Property Specialists, Inc. EXHIBIT "B" CITY OF MURRIETA COUNTY OF RIVERSIDE STATE OF CALIFORNIA FRENCH VALLEY PARKWAY TEMPORARY CONSTRUCTION EASEMENT SHEET: 1 OF 1 DATE: 9/19/11 DRAWN BY: TLK SCALE: 1:1000 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND THE CITY OF MURRIETA IN CONNECTION WITH THE FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS — PROJECT NUMBERS PW02-11 AND PW07-04 This Purchase and Sale Agreement Between the City of Temecula and City of Murrieta and Joint Escrow Instructions in connection with the French Valley Parkway / Interstate 15 Overcrossing and Interchange Improvements — Project Numbers PW02-11 and PW07-04 ("Agreement") is dated and entered into as of , 2012 ("effective date") by and between CITY OF MURRIETA, a municipal corporation ("Seller") and the CITY OF TEMECULA, a municipal corporation ("Buyer" or "City"), and constitutes an agreement to purchase and sell real property between the parties and the parties' joint escrow instructions directed to Chicago Title ("Escrow Holder"). RECITALS A. Seller is the record fee owner of certain real property, which is identified as Riverside County Assessor's Parcel Number 910-262-047 ("Larger Parcel"). The Larger Parcel is also known as Parcel "A" in the City of Murrieta, County of Riverside, State of California, as described in that certain "Certificate of Parcel Merger 07-5063" recorded on October 12, 2007 as Document No. 2007-0635981 of Official Records of the County of Riverside. B. On May 2, 2012, Buyer personally delivered to Seller a written offer to purchase certain real property interests from the Larger Parcel pursuant to Government Code Section 7267.2 for a public use, namely for the City's proposed French Valley Parkway / Interstate 15 Overcrossing and Interchange Improvements — Project Numbers PW02-11 and PW07-04 ("Proposed Project"). Specifically, the City offered to purchase an approximate 91 square foot (8.5 square meter) permanent footing easement, including improvements in the area (referred to below as the "Property"), for the construction of the Proposed Project. The approximate 91 square foot permanent footing easement is described on Exhibit "A" hereto and depicted on Exhibit "B" hereto, which Exhibits are incorporated herein by this reference. Seller has accepted the City's offer to purchase the Property. C. The City seeks to acquire the Property for a public use, namely for public street purposes and all uses necessary or convenient thereto in connection with the Proposed Project. The Proposed Project would construct a new interchange, French Valley Parkway, at Interstate 15, between the existing Winchester Road (State Route 79 North and the Interstate 15 / Interstate 215 junction, along with enhancements to facilitate improved operations on the existing mainline facility. French Valley Parkway would be constructed as a six -lane arterial highway from Jefferson Avenue to Ynez Road. Auxiliary lanes would be provided in both the northbound and southbound directions. The Proposed Project would also construct an up to three -lane collector distributor system parallel to Interstate 15 between the Interstate 15 / Interstate 215 confluence and Winchester Road in both the northbound and southbound directions. The collector distributor system will relieve mainline congestion in this area caused by weaving traffic movement. This system would remove large numbers of commuters who are entering and exiting the freeway in this area from the main line which would provide better levels of service to vehicles traveling through this area. The Proposed Project would construct north and southbound on- and off -ramps to Interstate 15 connecting Jefferson Avenue on the west with the extension of Date Street to the east. The Proposed Project is the result of cooperation between the Cities of Temecula and Murrieta and the California Department of Transportation ("Caltrans"). D. Phase I of the Proposed Project would construct the new southbound off - ramp at French Valley Parkway and provide a second lane on the Winchester Road southbound off -ramp ("Phase I"). Phase I of the Proposed Project would also construct an auxiliary lane prior to the Winchester Road southbound off -ramp. The 2011 Federal Transportation Improvement Program (FTIP), which was approved on April 19, 2012, identifies Phase I as including the design and construction of French Valley Parkway from the Interstate 15 to Jefferson, the southbound exit ramp, the southbound auxiliary lane from French Valley Parkway to Winchester Road, and the widening of the Winchester Road southbound exit ramp (Project ID # 991202). Pursuant to the current schedule for Phase I, the construction of Phase I commenced in June 2012 and is expected to take -approximately 18 months to complete. E. Phase II of the Proposed Project would construct the remaining improvements described as part of the Proposed Project, including the full French Valley Parkway Overcrossing and Interchange and the C/D system ("Phase II"). Phase II also includes the construction of the design elements, including sound walls, retaining walls, treatment BMPs and landscaping. Design of Phase II was initiated in November 2011 and will take approximately 36 months to complete. If the City is able to obtain the necessary right of way for the Proposed Project, the City estimates that construction of Phase II may start in early 2015 and may take approximately 24 months to complete. This timeline is a rough estimate. The Environmental Document for the Proposed Project and the Project Report explained that the Proposed Project seeks to reduce the current and projected traffic congestion on the ramps and freeway mainline in the area of the Proposed Project. It seeks to improve safety and operations between Winchester Road and the Interstate 15 / Interstate 215 Junction. The Proposed Project also seeks to provide alternative vehicular access to Interstate 15 that will also provide operational improvements to the Interstate 15 / Winchester Road interchange. Further, the Proposed Project seeks to provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. F. The Property is necessary for the construction of Phase I of the Proposed Project. G. The parties acknowledge that the City is authorized to acquire real property by eminent domain for a public use, including public street purposes and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecula by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law). The parties also acknowledge that the Proposed Project is a public use for which Buyer has the authority to exercise the power of eminent domain. The parties further acknowledge that the City Council of the City of Temecula, as the City's governing body, has sole discretion to Page 2 make the findings required by Code of Civil Procedure Section 1240.030 for the adoption of a resolution of necessity pursuant to the Eminent Domain Law. (Code of Civil Procedure Section 1245.220). If Seller and the City had not reached an agreement for the City's purchase of the Property, City staff would have recommended to the City Council that it consider the adoption of a resolution of necessity authorizing the initiation of eminent domain proceedings to acquire the Property in accordance with the Eminent Domain Law. The City Council however has the exclusive and sole discretion to adopt a resolution of necessity. The adoption of any such resolution of necessity would require the City's compliance with the Eminent Domain Law and with Chapter 9 of the Caltrans Right of Way Manual. H. Seller desires to sell, and Buyer desires to buy, the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt of which is hereby acknowledged, Buyer and Seller agree to the following: 1. Purchase and Sale. On the Close of Escrow (as defined in Section 2 below), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions set forth in this Agreement. 2. Opening and Close of Escrow. Within five business days after the Effective Date of this Agreement, the City will deliver a fully executed copy of this Agreement to Escrow Holder. For purposes of this Agreement, Opening of Escrow means the date on which Escrow Holder receives a fully executed copy of this Agreement from Buyer and Seller. The parties can execute the Agreement in counterparts as set forth in paragraph 20.e. below. Close of Escrow means the date on which the Grant of Easement is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow will occur after the performance of all duties and obligations under this Escrow that are required to take place prior to Close of Escrow. The Close of Escrow will be on the date that is not later than the first business day occurring 30 days after the Opening of Escrow. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever will be solely that of Seller. 3. Purchase Price. The total purchase price that Buyer will pay to Seller for the Property is the sum of $525 for the fair market value of the land and improvements comprising the Property (referred to below as the "Purchase Price"). No attempt has been made to assign value to the lesser interest in the Property, including any leasehold estate. Thus, the Purchase Price is the total price for the Property without distinction or separation for various interests that may be held in the Property. Seller will be responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to Buyer and Seller. Escrow Holder will insure Buyer's easement interest in the Property, which is described above in Section B and in Page 3 Exhibits "A" and "B" to this Agreement, at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance (or an ALTA Extended Coverage Policy if Buyer elects such coverage as provided below in Section 4.c.) in the amount of the Purchase Price (the "Policy"). Buyer will pay for the cost of the Policy. a. The Policy provided for pursuant to this Section will insure Buyer's easement interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): i. Real property taxes for the current tax fiscal year that are not due and payable. ii. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and iii. Those non -monetary exceptions approved by Buyer within ten business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow will thereupon terminate, all funds deposited therein will be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement will have no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller will use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement will thereupon be of no further force or effect. At the Close of Escrow, Buyer's easement interest in the Property will be free and clear of all monetary encumbrances. b. The parties recognize that Buyer's approval of the Permitted Title Exceptions is subject to approval by the Caltrans. c. Buyer will have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form Owners Policy of Title Insurance. In such event, Buyer will, at its expense, procure an ALTA survey. Buyer will pay the cost of any such ALTA Extended Coverage Form Policy of Title Insurance. 5. Deposit. Buyer covenants and agrees to deposit the Purchase Price with Escrow Holder within 15 business days after the date this Agreement is fully executed by the parties. 6. Grant of Easement. Seller covenants and agrees to deposit with Escrow Holder within 15 business days after the date this Agreement is fully executed by the parties, the Grant of Easement ("Grant of Easement") duly executed and acknowledged by Seller, granting and conveying to Buyer the permanent easement in the Property. The form of the Grant of Easement is attached as Exhibit "C" to this Agreement and is incorporated in this Agreement by this reference. Buyer will accept said executed Grant Page 4 of Easement prior to recording. 7. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: a. Escrow Holder can issue in favor of Buyer the Policy, showing Buyer's easement interest in the Property, subject only to the Permitted Title Exceptions. Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering the Property, so that the Property will be free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from Seller regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Property. b. City will have deposited with Escrow Holder the Purchase Price and Escrow Charges. c. Escrow Holder will have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for below in Section 12; and d. Seller will have deposited in Escrow the executed Grant of Easement as required by Section 6 and the estoppel certificate required by Section 12.e. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant of Easement. 8. Escrow Charges. a. Buyer will pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance (or at Buyer's option the ALTA Extended Coverage Policy), Escrow Costs and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer will pay for recording the Grant of Easement and any documentary or other local transfer taxes, and any other recording fees. If the Escrow fails to close through no fault of either party, Buyer will pay all Escrow cancellation charges. 9. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow: a. That to the best of Seller's knowledge (i) on the Close of Escrow the Property will be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iii) Seller has no notice of any pending or threatened action or Page 5 proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations. Seller will indemnify and hold Buyer harmless for a breach of this warranty and representations provided Buyer notifies Seller within three years from the Closing Date. i. The Purchase Price of the Property reflects the fair market value of the Property without the presence of contamination. If the Property is found to be contaminated by the presence of hazardous waste that requires mitigation under federal or state law within three years from the Closing Date, the City may elect to recover its cleanup costs from those who caused or contributed to the contamination. b. That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller will not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. c. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the Property to Buyer, violates or will violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. d. Except as disclosed in the title commitment referred to in Section 4, there are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such written or oral leases or contractual rights or options to lease, purchase or otherwise enjoy possession, rights or interest of any nature in and to the Property, or any part thereof. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal that involves the Property. 10. Representations and Warranties of Buyer. Buyer hereby represents and warrants to the Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: Page 6 a. Buyer has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. Buyer has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein. c. Neither this Agreement nor anything to be provided to be done hereunder, including acquisition of the Property by Buyer, violates or shall violate, any contract, instrument, partnership agreement, trust agreement, or any other agreement to which Buyer is a party, and which affects the Property or any part thereof, and the purchase of the Property herein contemplated does not require the consent of any party not a signatory hereto. 11. City's Full Payment of Purchase Price. a. It is understood and agreed between Seller and Buyer that the City's payment to Seller of the Purchase Price set forth in this Agreement, is the full and complete consideration and payment of just compensation for the City's acquisition of permanent easement interest in the Property, and specifically includes, but is not limited to, just compensation for the easement interest in the Property and all improvements on the Property, claims arising in connection with or out of the Buyer's acquisition of the Property or the Project for which the Buyer is acquiring the Property, claims for severance and other damages, inverse condemnation, or any other damages of every kind and nature suffered by the Seller by reason of the City's acquisition of the Property or the Proposed Project for which the City is acquiring the Property, and all costs and expenses whatever in connection therewith. b. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller's successors and assigns, fully releases Buyer, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of Buyer's efforts to acquire the Property or any preliminary steps thereto. Seller further releases and agrees to hold Buyer harmless from any and all claims and causes of action by reason of any leasehold interest in the Property. c. Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Seller's Initials: Buyer's Initials: Page 7 d. This Section will survive the Close of Escrow 12. Buyer's Contingencies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property will be contingent upon and subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. b. The delivery to Escrow Holder of all documents pursuant to Sections 6 and 12.e. of this Agreement. c. Title Company's commitment to issue in favor of Buyer CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's easement interest in the Property subject only to the Permitted Title Exceptions. d. Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property that Buyer might perform prior to the Close of Escrow. 13. Certain Definitions. a. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by- product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(0(3); and any other substance or material regulated by any Environmental Laws. b. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Page 8 Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 14. Evidence in Court Proceeding. The parties agree that the total Purchase Price of $525 or any inference of per square foot value of the Property based on said Purchase Price will not be admissible as evidence of the fair market value of the Property in any eminent domain or other proceeding or litigation concerning the Property. 15. Certification of Non -Foreign Status. Seller agrees to deliver to Escrow a certification of Non -Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 16. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non -defaulting party will have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non -defaulting party, Buyer will thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non -defaulting party will be without prejudice to the non -defaulting party's rights and remedies at law or equity. 17. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Escrow Holder. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: BUYER: City of Temecula, a Municipal Corporation 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: Robert C. Johnson, City Manager Page 9 COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue 40th Floor Los Angeles, California 90071-3101 SELLER: City of Murrieta, a Municipal Corporation C/O Patrick Thomas, Dir. of Public Works 1 Town Square 24601 Jefferson Avenue Murrieta, California 92562 ESCROW Chicago Title HOLDER: One Better World Circle Temecula, California 92590 Telephone No. (909) 676-3695 Fax No. (951) 587-3795 18. Further Documents. Each party will, wherever and as often as it shall be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to complete the sale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement. 19. Amendments. Any amendments to this Agreement will be effective only when duly executed by both Buyer and Seller and deposited with Escrow Holder. 20. Miscellaneous. a. Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter of this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person who is not contained herein will be valid or binding on Seller or Buyer. c. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. Page 10 d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. e. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile signatures will be deemed to be original signatures, and will be followed by the delivery of the original signature pages by U.S. Mail. f. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. g. Interpretation and Construction. The parties agree that each party has reviewed this Agreement and that each have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. h. Destruction of Property Prior to Close of Escrow. If the Property is materially destroyed by fire, earthquake or other calamity without the fault of either party before the Close of Escrow, the City, in its sole discretion, may rescind this Agreement. In any such event, the City may reappraise the Property and make an offer based on any such appraisal. i. Exhibits. The exhibits attached hereto are incorporated in this Agreement by reference herein. 21. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees from the other party. 22. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. Page 11 23. Assignment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation will not relieve Buyer of any of its obligations under this Agreement. Signatures on Next Page Page 12 IN WITNESS WHEREOF, this Agreement is effective as of the day and year first written above. SELLER CITY OF MURRIETA, a Municipal Corporation Dated: S('iedeck- ably APPROVED AS TO CONTENT: `l Director of Public Works/ City Engineer APPROVED AS TO FORM: .2‘114.1 Les ie E. Devaney, Citttorney ATTEST: Ct/Anti�,cr- i on,Nity Clerk BUYER CITY OF TEMECULA, a Municipal Corporation Dated: ATTEST: Susan W. Jones, MMC, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney Douglas ' Allister, Mayo By: Chuck Washington, Mayor Page 13 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY EXHIBIT "A" SHEET 1 OF 1 LEGAL DESCRIPTION Permanent Footing Easement That portion of Parcel "A" in the City of Murrieta, County of Riverside, State of California, as described in that certain "Certificate of Parcel Merger 07-5063" recorded October 12, 2007 as Document No. 2007-0635981 of Official Records of said County, described as follows: BEGINNING at the most southerly corner of said Parcel "A"; thence North 41° 24' 09" West, 0.121 meters (0.40 feet) along the southwesterly line of said Parcel "A"; thence North 48° 03' 26" East, 140.006 meters (459.34 feet) to the southeasterly line of said Parcel "A"; thence South 48°00'27" West, 140.008 meters (459.34 feet) along said southeasterly line to the POINT OF BEGINNING. Containing approximately 8.5 square meters (91 square feet), more or less. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in above description by 1.00008509 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. mes L ' lliott, 'S. 6334 Affects APN 910-262-047 L:\2003\03015\MAPPING\kgas\EsmtParcNA.DOC e.1Iran r it- a-zof/ Date EXHIBIT "B" [Insert Map Depicting Property] - F- O CO w W to N / .6 M (,L8'81S) W IS l'8S l M„91.,SZ03PN (,L8'Obb) WLL£'b£ l tr) v O• t0^ t0^ t0-^ O O C) - 000 0 0) v� v� v0 N Ev N ES CO Ev E •-r-E u.- E .- Ott) . co0 - OO) 0 til t9 0 M I”- 01 tr) N - . M .- . Lr) o Q • O N • O 0 • 0V'10 0tl1CO lOQln • N N 0 .- ..... II 11 11 11 11 11 11 11 11 ^••• 41/2CJ QCrJ <I Cr U il (,00'8L) WtLL'£Z 44) E N48°01'28"E SEE DETAIL "A" M Oi to E (.0 F_ O Z^ Lai �a a c) Z W In LA, Z O M cc agZ 0aD ,6£ 0 a (,2Z*11£) WOS l'£ t l CO,300ZbN M 01 tr) E oo 0 O O Le) 1- J >- 1- U (, lZ'90l) \ (,00'8L)� W6L£'Z£ WbLL'£Z - (, 19'90 l) \ / WS6b'Z£ �__, (, l9' b8 l) W69Z' 9S ----" —' M„60, b Z ° l ON PERMANENT FOOTING EASEMENT APN: 910-262-047 2u_ (OV) In co r wwII.- 0 • CC •-• 1) aa- w Z J O) C„) IJJ M U o- Z . 0Q CA H V 0 0 to w cal > z 0 w1 m - -Como tnJO)WZ (7Q�Q Zcc cez « 0 V) LLI z -`. z to Ow0- w t - W VI In JH Y Q N J m 1- m v) a 0 ✓ v `- Cr- - m o, •a0 0 Q U 0, 0 N Q0 C I-cn C a w t� 'W CCW: m W > i r }� (� coce m �m O�J 2 4 r NW Qto M L:\2003\03015\MAPPING\Plats\plat_a_esmt-mod.dgn EXHIBIT "C" FORM OF GRANT OF EASEMENT Exhibit "C" Form of Grant Of Permanent Easement RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Recording Fee: Exempt pursuant to Government Code §§ 6103 and 27383 [SPACE ABOVE FOR RECORDER'S USE ONLY] Portions of APN 910-262-047 No Documentary Transfer Taxes Due: See Revenue & Taxation § 11922 and Government Code § 6103 GRANT OF PERMANENT EASEMENT THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: GRANTOR CITY OF MURRIETA, a municipal corporation ("GRANTOR") is the record fee owner of the real property located in the City of Murrieta, County of Riverside, California known as Parcel "A" in the City of Murrieta, County of Riverside, State of California, as described in that "Certificate of Parcel Merger 07-5063" recorded on October 12, 2007 as Document No. 2007-0635981 of Official Records of the County of Riverside, which is identified as Riverside County Assessor's Parcel Number 910-262- 047 ("Property"). GRANTOR desires to grant to the CITY OF TEMECULA, a municipal corporation, located in the County of Riverside, State of California ("GRANTEE") and GRANTEE desires to acquire from GRANTOR an approximate 91 square foot (8.5 square meters) Permanent Footing Easement ("Permanent Footing Easement") on the Property for public street purposes and all uses necessary or convenient thereto in connection with the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements (Project Numbers PS -2-11 and PW07-04). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE the approximate 91 square foot (8.5 square meters) Permanent Footing Easement on the Property for public street purposes and all uses necessary or convenient thereto. The approximate 91 square foot (8.5 square meters) Permanent Footing Easement is described more particularly on Exhibit "C" Form of Grant Of Permanent Easement Exhibit "A" and depicted on Exhibit "B" to this Grant of Permanent Easement. Exhibits "A" and "B" are incorporated in this Grant of Permanent Easement by this reference. In WITNESS WI -HEREOF, GRANTOR has executed this Grant of Permanent Easement as of the date set forth below: GRANTOR CITY OF MURRIETA, a municipal corporation Dated: By: Douglas McAllister, Mayor Exhibit "C" Form of Grant Of Permanent Easement STATE OF CALIFORNIA COUNTY OF }ss. } On , before me, a 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 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged Exhibit "C" Form of Grant Of Permanent Easement CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT OF PERMANENT EASEMENT (Govt. Code § 27281) (APN 910-262-047) This is to certify that the approximate 91 square foot (8.5 square meters) Permanent Footing Easement on the real property located in the City of Murrieta, County of Riverside, California known as Parcel "A" in the City of Murrieta, County of Riverside, State of California, as described in that "Certificate of Parcel Merger 07-5063" recorded on October 12, 2007 as Document No. 2007-0635981 of Official Records of the County of Riverside, and identified as Riverside County Assessor's Parcel Number 910-262-047, which is granted to the City of Temecula pursuant to the attached Grant of Permanent Easement, is hereby accepted under the authority of the City Council of the City of Temecula and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: City of Temecula By: Robert C. Johnson, City Manager ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: Peter M. Thorson, City Attorney Exhibit "C" Form of Grant Of Permanent Easement EXHIBIT "A" LEGAL DESCRIPTION OF PERMANENT FOOTING EASEMENT EXHIBIT "A" SHEET 1 OF 1 LEGAL DESCRIPTION Permanent Footing Easement That portion of Parcel "A" in the City of Murrieta, County of Riverside, State of California, as described in that certain "Certificate of Parcel Merger 07-5063" recorded October 12, 2007 as Document No. 2007-0635981 of Official Records of said County, described as follows: BEGINNING at the most southerly corner of said Parcel "A"; thence North 41° 24' 09" West, 0.121 meters (0.40 feet) along the southwesterly line of said Parcel "A"; thence North 48° 03' 26" East, 140.006 meters (459.34 feet) to the southeasterly line of said Parcel "A"; thence South 48°00'27" West, 140.008 meters (459.34 feet) along said southeasterly line to the POINT OF BEGINNING. Containing approximately 8.5 square meters (91 square feet), more or less. The bearings and distances used in the above description are based on California Coordinate System of 1983, Zone 6. Multiply all distances used in above description by 1.00008509 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Affects APN 910-262-047 L: \2003\03015\MAPPING\lega Is\EsmtPa rcelA. DOC «-/2-Zo// Date Exhibit "C" Form of Grant Of Permanent Easement EXHIBIT "B" (DEPICTION OF PERMANENT FOOTING EASEMENT) L:\2003 \03015 \WAPPING \Plats \plat_a_esmt-mod.dgn > M= wCf) rn • --i 0 LoC) rn r- tO oj 03 _< 0 to co z) Nam M " 0 w L0 j›. co • 0 2. 0 CO -A co r- -< - r- tn v 111 2. 17 rn C7 CO • 3: rn Gn C) • -A CD DE 77 77 2. 11 OZ ()Z c: c) 0 z 01 u> r- (A • Cn 00 CA 11 r- C3 m-< DO C7 AC N.1 • c) 0 r- . DE 2* c> n, C7 CD C1 -1 ▪ C> CD 0 x. ul c>- CD DE .-4c0 77 CD • 01 3=o m z CD C: ol C) UD r- rn -A r. z. cn -4 -4 DO • CD 12 n1 in r - z • • L170-Z9Z -0 1.6 1N3113SV3 9141100d 1N3NVA83d N41 °24'09"W 56.269m (184.61') 32.495m "(106.61') 23.774m (78.00') 0 32.374m (106.21') z 03 0 Z m 0 9, 0 73 M O - Z 0 m M (-) 112 rsJ0 01 --J en 23.774m- (78.00') r - N42° 02'40"W r- r - 113.150m (371.23') 0 0 111 11.• rn c, m 1 ); 0 0 z o 3 o ul 39' w£0836 3„83, 1.0,80N (-) r) 0 01 C4 N3 _.... 10. 01 _tr. 1- zi I> r- xi E> r- m 1::. _. -4 II 11 11 11 11 11 11 11 11 3 0 ._. 0 No _L.... ro ...... _.• (.71 01 ..t. 01 co VI 0 01 -La 0 .---. CO • 0 o • N) 0.00 IN) LTI • - C...1 • -11,. --.• • _10. N3 N) (11(0 -4 (.4 0 cn (..n 0 _, cn (00 ' (C) CO " (710 ' • rri 2-01 3 -J --.. a oo 3r-.) 3N .---. . = .---. z - LP" (0" CO" CD -t. (...1 -10. VI 40. • 01 • CO • 01 CO 0 --. COOD 0 -.4.Ul • .. 11. • 'CO 'CO "(0 ---01 ---- 01 ---• C31 "MAN °Inv 134.377m (440.87') N42°25116"W 158.151 m (518.87') LLISZ2'1.8 3„93,8S °LON (i)0 -100 O -<0 11011 0m Amc r -33 mmx O 73 Frl x0-1 z -> Am 0 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 9 ACTION MINUTES of September 11, 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 • Paul Jacobs CSD CONSENT CALENDAR 14 Action Minutes — Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Naggar; and electronic vote showed unanimous approval. RECOMMENDATION: 14.1 Approve the action minutes of August 28, 2012. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:55 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, September 25, 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. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] Item No. 10 Approvals City Attorney Chief Financial Officer City Manager 07-e-r-- ig-td r-, TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Executive Director of Community Services DATE: September 25, 2012 SUBJECT: First Amendment to the Agreement with Melody's Ad Works, Inc. for Fiscal Year 2012-13 PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: Approve the First Amendment to the Agreement with Melody's Ad Works, Inc. for an additional $5,000 for material reimbursement for special events in Old Town Temecula for Fiscal Year 2012-13. BACKGROUND: On June 26, 2012, an Agreement was approved by the Board of Directors with Melody's Ad Works in the amount of $43,000 for services provided in promoting and marketing Special Events in Old Town for Fiscal Year 2012-13. Melody Brunsting, a Temecula public relations and special events coordinator, has been assisting the City in promoting and marketing special events in Old Town Temecula since 1999. The City has expanded special events to include Hot Summer Nights Friday nights from July 6 — August 31, 2012; Quilt Show, Saturday, October 6, 2012; Christmas in Old Town beginning November 23 with Santa's arrival through December 16, 2012; New Year's Eve to include the Grape Drop; Bluegrass Festival, March 16 & 17, 2013; Western Days, May 18 & 19, 2013; and Street Painting and Plein Air Festival, June 24 — 26, 2013. These special events attract visitors to Old Town by hosting a variety of activities of interest for the local community and tourists of all ages. Through these efforts, merchants and restaurants have benefited by increased business which enhances Old Town's economic viability. Melody's Ad Works, Inc. will plan, organize and promote a series of annual events in Old Town Temecula. Additionally, Melody's Ad Works will provide services and materials needed to enhance the Grapes for the New Year's Eve celebration. Further, an additional $5,000 is required as a material reimbursement to be utilized for consultant to procure items at a discounted rate for special events in Old Town. FISCAL IMPACT: The $5,000 for material reimbursements to be utilized for consultant is included in the Fiscal Year 2012-13 Operating Budget in the Cultural Arts City Promotional Events Operating Budget Line Item. ATTACHMENTS: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND MELODY'S AD WORKS, INC. OLD TOWN TEMECULA SPECIAL EVENT PROMOTIONS THIS FIRST AMENDMENT is made and entered into as of September 25, 2012 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Melody's Ad Works, 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. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2012, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services between Temecula Community Services District and Melody's Ad Works, Inc.," in the amount of $43,000.00. b. The parties now desire to add scope of work, increase the payment in the amount of $5,000.00 and to amend the Agreement as set forth in this Amendment. 2. Section 2. of the Agreement entitled "SERVICES" is hereby amended as set forth in the Amendment to the Exhibit A to include material reimbursement in the amount of $5,000.00 for consultant to procure items at a discounted rate for special events in Old Town for Fiscal Year 2012-13. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 3. Section 4. 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 Amendment to the Exhibit A, 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 Amendment to the Exhibit A, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Five Thousand Dollars and 00/100 ($5,000.00) as a material reimbursement to be utilized for consultant to procure items at a discounted rate for special events in Old Town for a total Agreement amount of Forty Eight Thousand Dollars and 00/100 ($48,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Melody Brunsting DISTRICT Melody's Ad Works, 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 Melody Brunsting, President/Treasurer ATTEST: By: By: Susan W. Jones, MMC, City Clerk Calvin Brunsting Vice-President/Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Melody's Ad Works, Inc. Melody Brunsting 21705 Como Street Wildomar, CA 92595 (951) 678-1456 melsadworks(c�gmail.com 2 PM Initials: D Q Date: // Amendment to the EXHIBIT A Exhibit A is hereby amended to include the additional scope of work and associated costs as provided by the Consultant. Melody's Ad Works, Inc. has analyzed the past 12 years of servicing this account and found the amount of reimbursable items is the minimum required to provide for the events. This amount is $5,000 and is included within the event budget. 3 Item No. 11 Approvals City Attorney Chief Financial Officer City Manager 07 -e -r-- 74-19 r-, TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Executive Director of Community Services DATE: September 25, 2012 SUBJECT: Harveston Lake Paddleboat Concession Amendment PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: Approve the First Amendment to the Harveston Lake Paddleboat Concession Agreement. BACKGROUND: On November 10, 2009 the Temecula Community Services District (TCSD) entered into a concession agreement with Keith Gors, dba Goodtime Rentals to provide paddleboat rentals at Harveston Lake. Harveston Lake is a 9 -acre lake located within the 17 -acre Harveston Lake Park located in the northern boundary of the City of Temecula. Within this agreement Goodtime Rentals was authorized to provide both manual and electric paddleboats services on weekends and holidays. Weekday services are added when Harveston Lake Park attendance is high. The original agreement's term was for 3 years and terminates on September 30, 2012; however the TCSD has the ability to extend the term of this agreement for 2 one-year terms. Safety and great customer service are top priorities for both Goodtime Rentals and TCSD. In the years that Goodtime Rentals has been providing paddleboat services the TCSD has not received any complaints or experienced any safety issues therefore the one-year term extension is requested. This amendment includes the following changes: 1. Section 2 "Term" - extend the term one year until September 30, 2013 2. Section 4 "Security Deposit" — update a reference in subsection 4.0 3. Section 6 "Management Requirement" - add the ability to non -exclusively sell pre-packaged foods and drinks from the Harveston Lake Boathouse 4. Section 10 "Indemnity and Insurance" — update to current language and standards 5. Section 16 "Notice" — update contact information 6. Section 18 "Miscellaneous" — change staff position to keep current with the new organizational structure 7. Exhibit B "Management Plan" — add the ability to sell pre-packaged food and drink For the use of the Harveston Lake and Boathouse, Goodtime Rentals pays a flat fee of $250.00 plus 5% of gross income in excess of two thousand dollars per month. This payment is due on a quarterly basis. Goodtime Rentals has always submitted all payments and required paperwork on a timely basis and is in compliance with the terms of the agreement. FISCAL IMPACT: Annual revenue from the Harveston Lake paddleboat concessions is estimated to be $3,600 which has been adopted into the Fiscal Year 2012-13 Service Level L Harveston Lake Boat Revenue Budget. ATTACHMENTS: 1. First Amendment 2. Original Agreement FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND KEITH GORS, DBA GOODTIME RENTALS HARVESTON LAKE PADDLEBOAT CONCESSION AGREEMENT THIS FIRST AMENDMENT is made and entered into as of October 1, 2012 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Keith Gors, dba Goodtime Rentals a (hereinafter referred to as "Concessionaire"). 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 November 10, 2009, the City and Concessionaire entered into that certain Agreement entitled "Harveston Lake Paddleboat Concession Agreement". b. The parties now desire to make the following changes i) in Section 2 "Term" extend the term until September 30, 2013; ii) in Section 4 "Security Deposit" update a reference in 4.C; iii) in Section 6 "Management Requirement" add the non-exclusive ability to sell pre-packaged food and drinks at the boathouse; iv) in Section 10 "Indemnity and Insurance" update to current standards and language; v) in Section 16 "Notice" update contact information; vi) in Section 18 "Miscellaneous" change subsection F from Director of Community Services to General Manager or designee to accommodate organizational changes; vii) in Exhibit B "Management Plan" added the ability to sell pre-packaged food and drinks and to amend the Agreement as set forth in this Amendment. follows: 2. Section 2 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect but in no event later than September 30, 2013 unless sooner terminated pursuant to the provisions of this Agreement. The TCSD may elect, in its sole discretion, to extend this agreement for a one-year extension. The TCSD General Manager is hereby authorized to extend the term pursuant to this section. 3. Section 4.0 of the Agreement is hereby amended to read as follows: "The security deposit or any balance remaining of the security deposit, less any deductions per Section 4.B shall be returned to Concessionaire, without interest, within fourteen (14) days of the termination or expiration of this Agreement." 4. Section 6.D of the Agreement is hereby amended to read as follows: "CONCESSION OPERATIONS: Concessionaire shall provide paddleboat rental services for use on Harveston Lake. Concessionaire shall provide lifejackets and flotation cushions to its patrons without charge. TCSD retains the right to require Concessionaire to discontinue the rental or use of those items, which the General Manager determines are not of high standards or are not consistent with the current operations of the Park, upon five (5) days -notice by the General Manager 1 or his or her designee. The Concessionaire shall have the non-exclusive right to sell pre-packaged foods and drinks from the Harveston Lake boathouse at reasonable costs. All prices for food and drinks shall be approved by the General Manager. It shall be the Concessionaire's responsibility to maintain any permits or authorizations necessary to conduct this service." 5. Section 10 of the Agreement entitled "INDEMNITY AND INSURANCE" is hereby amended to read as follows: "INDEMNIFICATION: The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 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) Fire Insurance adequate to cover full cash value of CONCESSIONAIRE's personal property, CONCESSIONAIRE's improvements and betterments located on the Premises. 5) Fire Legal Liability adequate to cover full cash replacement value of TCSD's improvements and structures on the premises. 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 2 separately to this projectilocation 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) Fire Insurance: Ten thousand ($10,000) for Concessionaire's private property at Harveston Lake Park. 5) Fire Legal Liability: One hundred thousand ($100,000) for City's property used by Concessionaire. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall riot 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 of Temecula, 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 the Successor Agency to 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 in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 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. 3 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." follows: 6. Section 16 of the Agreement entitled "NOTICE" is hereby amended to read as "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: 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 Concessionaire: Keith Gors Goodtime Rentals 29690 Longhorn Drive Canyon Lake, CA 92587 7. Section 18.F of the Agreement entitled "DIRECTOR" shall be amended to read as follows and shall be amended throughout the agreement: "GENERAL MANAGER: The General Manager is responsible for the enforcement of this Agreement on behalf of TCSD and other duties set forth in this Agreement. As used in this Agreement "General Manager" means the General Manager or his or her designee." 4 8. Exhibit B to the Agreement is hereby amended by adding thereto the non- exclusive right to sell pre-packaged foods and drinks from the Harveston Lake boathouse as set forth on Attachment "A" to this Amendment, which is attached thereto and incorporated herein as though set forth in full. 9. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES KEITH GORS, DBA GOODTIME RENTALS DISTRICT By: By: Jeff Comerchero, TCSD President Keith Gors, Owner ATTEST: By: Susan W. Jones, MMC, City Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONCESSIONAIRE Goodtime Rentals Keith Gors 29690 Longhorn Drive Canyon Lake, CA 92587 951 662-3141 Goodtime_Rentals2@yahoo.com 6 PM Initials: D Date: 1/ Attachment A Exhibit B Management Plan Paddleboat Rental Concession 1. Location: Harveston Lake Park 29005 Lake House Dr Temecula, CA. 92591 2. Company Objectives: Provide up to 8 paddleboats (motor option available) for rent on Harveston Lake. To enhance park visitors and boat renter's experience a selection of pre-packaged foods and drinks for sale. 3. Company History: Goodtime Rentals has been doing business as a sole proprietor since 1992 at various locations throughout Orange, San Bernardino and Riverside Counties, as an equipment rental business. 4. Mission Statement and Motto: The primary mission of Goodtime Rentals is to make available safe boating equipment, which is environmentally friendly and family oriented and directed towards enhancing the park and lake experience for people of all ages. Goodtime Rentals, The Fun Starts Here!!! 5. Competitive Comparison: Goodtime Rentals uses only the newest, most innovative products and equipment on the market to keep the rental experience fresh and exciting. Most rental units are replaced on a yearly basis. We search out only the most friendly, courteous, experienced, motivated, bi-lingual associates to help at each location, tailoring hours to suit each individual park needs, still keeping my hourly rates the lowest of all my competitors. 6. Strategic Alliances: Goodtime Rentals partners with several boat manufacturers on development and distribution. I help the manufacturing sector keep up to speed with the special needs of the rental industry, such as: boat size, strength, color, and design. As an owner, operator, I attend numerous conventions and seminars relating to boat products, rental business management and I maintain contact with other owner operators in various countries and states to discuss any new products or recurring problems and any matters of concern. 7. Revenues: Goodtime Rentals will record all gross revenues collected from the premises on a gross receipt form approved by the City on a monthly basis. A battery- operated or electric cash register will be used at this location. A sequentially numbered receipt will be given to each customer for every sale. 8. Staff and Uniforms: Goodtime employees and maintenance staff will be provided name tags and wear matching or similar colored clothing identifying them as related to the business. 9. Safety Procedures: All boaters younger than 12 years old are required to wear life jackets. All occupants are provided a personal cushion type flotation device. Safety procedures will be clearly posted and verbally explained to all users of any equipment. Safety procedures will be attached to each boat. 10. Equipment: All equipment will be in new and clean, operational condition, not needing any safety related or visible need for repair. All equipment will be marked with the operator's business name and phone number. 11. Insurance: Goodtime Rentals carries Comprehensive Liability Insurance with Depalma Insurance, a company familiar with, and well established in the boat rental business. In addition to Goodtime Rentals, The City of Temecula would be named as additional insured. All customers are required to sign a Liability Release waiver and provide a current drivers license as a security deposit. In my prior 20 years of operation, I have had an unblemished record of safety, partly deriving from my deep concern and commitment to that end. 12. Facilities: Goodtime Rentals will operate out of currently existing storage space, providing easy access to the equipment, and utilizing the existing dock space, which will easily accommodate up to 8 boats. 13. Signage: A modest, attractive, and professionally painted three-foot sign will be used. A permanent price board will be posted. These signs will be discreet, purposeful, and attractive, and are subject to the approval of city officials. 14. Hours of Operation: Goodtime Rentals will be open weekends and holidays. Hours will be daily from 12 noon to 30 minutes prior to sunset. Optional: weekdays to be open if lake attendance requires. 15. Advertising: An Advertising budget of $1,000 has been established. It is my intention to promote Goodtime Rentals to the local Harveston community. Our boats attract a loyal following and many return visits by happy customers thereby increasing lake attendance and revenue. ATTACHMENT 2 HARVESTON LAKE PADDLEBOAT CONCESSION AGREEMENT This Concession Agreement ("Agreement") is made and entered into as of November 10, 2009 between the TEMECULA COMMUNITY SERVICES DISTRICT, a community service district ("TCSD"), and Keith Gors, dba Goodtime Rentals (hereinafter referred to as "Concessionaire"). For and in consideration of the mutual covenants and agreements herein contained, the parties agreed as follows: AREAS AND FACILITIES TO BE LICENSED TO CONCESSIONAIRE TCSD hereby grants to CONCESSIONAIRE the non-exclusive license to use the property shown in Exhibit "A" (Premises) described herein, along with the rights granted in Section 2, CONCESSION RIGHTS GRANTED, which shall be exercised within Harveston Lake Park (Park") during the term of this Agreement. CONCESSIONAIRE accepts the Premises in its existing condition, agrees to provide all maintenance, repair and replacement, unless otherwise provided herein, and shall return it to TCSD at the end of this Agreement in like condition, excepting normal wear and tear. TCSD agrees to provide reasonable access to Concessionaire to the Park during normal hours. 1. CONCESSION RIGHTS GRANTED. CONCESSIONAIRE shall have the exclusive right and obligation to develop, maintain and operate a paddle boat rental business at Harveston Lake Park ("Concession") pursuant to the terms of this Agreement. CONCESSIONAIRE shall comply with the management plan for the Concession attached hereto as Exhibit "B," Management Plan ("Management Plan"). In the event any portion of the Management Plan conflicts with this Agreement, this Agreement shall control. 2. TERM The term of this Agreement is for a period of three (3) years, commencing on October 1, 2009 and ending September 30, 2012, unless sooner terminated or extended as. otherwise provided in this Agreement. The TCSD may elect, in its sole discretion, to extend this agreement for two one-year extensions. The TCSD General Manager is hereby authorized to extend the term pursuant to this section. 1 3. MINIMUM MONTHLY CONCESSION FEE/RENT A. CONCESSION FEE/RENT: In consideration for rights granted, CONCESSIONAIRE shall pay as a minimum monthly concession fee and rent in the amount of two hundred fifty dollars ($250.00) per month plus five percent (5%) of the Gross Income in excess of two thousand dollars ($2,000.00). B. PAYMENT DATE: All Agreement payments are due and payable quarterly on or before October 10, January 10, April 10 and July 10 of each year for such payments due from the prior quarter and shall be accompanied by the monthly report required by Paragraph 7C, Monthly Reports. C. LATE PAYMENT PENALTIES: If any rent payment is not received when due and payable, CONCESSIONAIRE shall pay to TCSD an additional fifty dollars ($50.00) each as an administrative processing charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that TCSD shall incur by reason of late payment by CONCESSIONAIRE. Acceptance of a late charge shall not constitute a waiver of CONCESS.IONAIRE's default with respect to the overdue amount or prevent TCSD from exercising any of the other rights and remedies available to TCSD. Agreement fees not paid when due shall bear simple interest from the date due until paid in full at the rate of ten percent (10%) per year. D. GROSS. INCOME: The term "Gross Income'.', as used in this Agreement, is defined as all money, cash, receipts, including, but not limited to, gross charges, rentals, sponsor payments, fees and commissions made, or earned, and all gross sums received by CONCESSIONAIRE when collected or accrued, the concession authorized by this Agreement, use or occupation of the Premises. (1) . There shall be no deduction from Gross Income of any overhead or expense of operation, such as, but without limitation to, salaries, wages, cost of goods, advertising, interest, debt amortization, discount, collection, insurance and taxes. (2) Gross Income, however, shall not include Federal, State of California, or Municipal sales and excise taxes, which may be required to be collected by CONCESSIONAIRE. 2 4. SECURITY DEPOSIT A. Prior to the commencement of the term of this Agreement, CONCESSIONAIRE shall deposit in a local bank, or savings and loan company having F.D.I.C., or F.S.L.I.C., in favor of the City of Temecula, the amount of One Thousand Dollars ($1,000.00). B. If CONCESSIONAIRE defaults in payment of rent or any of the terms, provisions, covenants and conditions of this Agreement, CITY ma}iuse, apply, or retain the whole or any part of this security for the payment of any rent or payment in default or for any other sum which the CITY may spend or be required to spend by reason of CONCESSIONAIRE's default. C. The security deposit or any balance remaining of the security deposit, less any deductions per Section 5.B., shall be returned to CONCESSIONAIRE, without interest, within fourteen (14) days of the termination or expiration of this Agreement. D. CITY may require, at any time, that the security deposit be increased in proportion to the ainount that minimum monthly rent or payment has increased. E. In the event CITY uses part or all of the security deposit as provided herein, CONCESSIONAIRE shall replenish the security deposit in the amount used within ten (10) days of notice from CITY. 5. IMPROVEMENTS AND ALTERATIONS. CONCESSIONAIRE may make minor improvements or alterations to the interior Premises only after first having received written approval from Director of Community Services, or his or her designee ("Director"). The Director may condition the approval as he or she deems appropriate. All improvements and alterations made by CONCESSIONAIRE with the approval of the Director shall remain the property of the CONCESSIONAIRE during the term of this Agreement, but become the property of the TCSD at the end of the term of this Agreement and/or upon any termination of this Agreement, unless otherwise agreed upon in writing prior to commencing construction of the improvement/alteration. 3 6. MANAGEMENT REQUIREMENT A. CONCESSIONAIRE shall operate and manage the Concession, its service and facilities in a professional, business -like manner in accordance with the Management Plan, and shall comply with all applicable local, state and federal Iaws, ordinances and regulations and all Park rules and regulations. B.. CONCESSION EMPLOYEES: CONCESSIONAIRE shall ensure that its employees, agents and contractors at all times conduct themselves in a professional manner, and tharthey conform to all applicable statutes, rules, regulations, and.requirements, as well as rules and regulations as hereafter may be promulgated or put into operation by the TCSD or applicable governmental jurisdiction. CONCESSIONAIRE shall maintain a staff adequate to operate and administer all Concessions and facilities located on the Premises in a safe and orderly manner. CONCESSIONAIRE agrees to replace personnel whenever demanded by TCSD, upon due cause being shown. Employees of CONCESSIONAIRE shall wear an easily identifiable visual uniform approved by the Director, so the public.can recognize this person as associated with . CONCESSIONAIRE. CONCESSIONAIRE and all employees shall wear a Name Tag in such form as approved by the Director. C. HOURS OF OPERATION: The Concession shall be open for business during the published hours and days set forth in the Management Plan. Operating hours may be reasonably adjusted by Director to reflect seasonal customer traffic Ievels and special events or special circumstances. CONCESSIONAIRE shall provide schedule of operating hours for each quarter for review and approval to Director thirty (30) days prior to the start of each calendar quarter. D. EQUIPMENT RENTAL: CONCESSIONAIRE's sole service is to rent paddleboats for use on Harveston Lake. CONCESSIONAIRE shall provide life jackets and flotation cushions to its patrons without charge. TCSD retains the right to require CONCESSIONAIRE to discontinue the rental or use of those items, which the Director reasonably determines are not of high standards or are not consistent with the current operations of the Park, upon five (5) days notice by the Director. 4 E. PRICES AND RATES: CONCESSIONAIRE shall provide TCSD access to and the right to inspect the prices and rates for rentals upon the Premises. All rentals in said Concession shall be at prices and rates that compare favorably with prices and rates put upon similar rentals by like businesses in Southern California. Prior to the commencement of the Concession and on or before May 15 of each year, CONCESSIONAIRE shall provide Director an inventory list of its proposed fees, rates and prices for the next twelve (12) months, including justification for any increase/decrease. CONCESSIONAIRE shall provide a discount to residents of the Harveston Tracts. Director shall, following consultations with the CONCESSIONAIRE: (1) approve or conditionally approve in writing all prices and rates; (2) designate in writing, the discount for Harveston residents; and (3) designate in writing the specific Harveston areas whose residents shall be entitled to the discount. CONCESSIONAIRE shall keep a schedule of its fees and rates in a conspicuous place on the Premises at all times. All rentals in said Concession shall be at prices and rates approved by the Director. F. USE OF NAME: All advertising, promotion and notices related to the operation of Premises, which has not been approved as part of the Management Plan, shall have the prior written approval by Director. This provision includes, but is not limited.to, written and pictorial advertisement in television, radio, live simulcasts, ticket printing, handbills, posters, flyers, newspapers. Any and all advertising shall bear/display the phrase "Approved CONCESSIONAIRE of the Temecula Community Services District." G. SIGNS: All signs, banners/flags and their location on the Premises, shall be approved by the Director prior to placement and shall be placed at CONCESSIONAIRE's expense. H. ADVERTISING: TCSD may, but is not required, to promote CONCESSIONAIRE's activities and the Concession in TCSD's advertising notices of public events, and promotional literature and broadcasts. CONCESSIONAIRE may, but is not required, design and install an intemet web page. 1. RULES AND REGULATIONS: CONCESSIONAIRE shall conform to and abide by all rules and regulations relating to the operation herein authorized and is subject at all times to applicable rules, regulations, resolutions, laws, ordinances, and statutes of the TCSD or the City of Temecula, State of California; the federal government, and all other governmental 5 agencies having jurisdiction over the Park, Premises and/or Concession operation. Where permits are required for such operations, the same shall first be had and obtained from the regulating body having jurisdiction thereof, before such operation is undertaken. 7. RECORDS AND ACCOUNTS A. RECORDS AND ACCOUNTS: CONCESSIONAIRE shall, at all times during the term of this Agreement keep, or cause to be kept, true and complete books, records, and accounts of all financial transactions relating to Gross Income in such form as may be required by the Director of Finance. The records shall be supported by documents from which the original entry of the transaction was made, including sales slips or cash register tapes, or both. All financial records and writings of the CONCESSIONAIRE relating to the Concession and this Agreement, including without limitation writings related to the Gross Income, in whatever form and whether maintained, prepared or stored by the CONCESSIONAIRE or his employees or agents, shall be referred to as the "Books and Records." The Books and Records shall be maintained and safeguarded by CONCESSIONAIRE for a period of three (3) years from and after the date of the expiration ortermination of this Agreement, unless otherwise approved in writing by the Director of Finance. B. RECORDATION OF SALES: All sales and charges shall be recorded by means of sales invoices, tickets or cash registers which display to the customer the amounts of the transactions and either physically or automatically issue receipts certifying the amounts recorded. The Director of Finance shall approve the forms or devices to be used in the recording of cash or charge sale transactions. C. MONTHLY REPORTS: CONCESSIONAIRE shall deliver to TCSD, no later than the tenth (10th) day following the end of each calendar quarter a true and correct certified statement of all. Gross Income for the preceding calendar quarter, showing separately the receipts from each activity conducted pursuant to this Agreement. D. INSPECTION OF RECORDS: All Books and Records shall at all reasonable times be open and made available for inspection or audit by TCSD, its agents or employees, upon prior request. 6 E. AUDIT: TCSD has the right to during the term of this Agreement or within three (3) years after the expiration or termination of this Agreement, to audit the Books and Records for the purpose of verifying the payments required to be paid to TCSD hereunder. The audit shall be at no cost to CONCESSIONAIRE, provided, however, that :in the event that such audit shows that CONCESSIONAIRE understated Gross Income by more than ten percent (10%), the • reasonable cost of the audit shall be paid by CONCESSIONAIRE within ten (10) days after the audit report is furnished to CONCESSIONAIRE. Additionally, within such ten (10) days, CONCESSIONAIRE shall pay to TCSD the full amount of any underpayment demonstrated by such audit, together with simple interest on the amount of such underpayment at the rate of ten percent (10%) per year from the original due date of the underpayment until the underpayment is paid in full. TCSD reserves the right to install any accounting devices or machines, with or without personnel, for the purpose of accounting or audit. 8. REPAIRS AND MAINTENANCE CONCESSIONAIRE agrees to maintain its rental equipment and the Premises in a clean, neat, safe, inviting and professional condition. CONCESSIONAIRE agrees to repair any damage and to include all equipment and fixtures to the Premises commencing within ten (10) days of such damage, except that CONCESSIONAIRE shall perform its obligations immediately if the nature of the problem presents a hazard or emergency. In addition to its obligations under this Agreement, CONCESSIONAIRE shall immediately notify the Director if any condition of the Premises presents a hazard or emergency. If CONCESSIONAIRE does not perform its obligations with the time limitations in this paragraph, TCSD after giving CONCESSIONAIRE at least ten (10) days advance notice except in an emergency/hazard, may perform the repairs and have the right to be reimbursed for the sum it reasonably expends (including charges for TCSD employees and equipment). CONCESSIONAIRE further agrees that it shall make no major repairs or maintenance to said Premises without, in each case, the written consent of Director having first been obtained, including, but not limited to, structural, electrical and plumbing modifications. Further, that in the event any major repairs or maintenance in or to said Premises are made necessary for any reason whatsoever, CONCESSIONAIRE shall submit plans and specifications to. Director for approval thereof. If Director determines that the repairs and maintenance are acceptable, CONCESSIONAIRE shall pay to the contractor all costs involved in completion of the approved requests. TCSD reserves the right for its authorized agents, employees, or representatives to enter the Premises during normal business hours and at any time 7 in an emergency/hazard, to inspect the same or any part thereof and to attend or protect the TCSD's interest under this Agreement. CONCESSIONAIRE shall repair or replace all rental equipment as recommended by the manufacturer or an authorized dealer or repair shop. 9. TAXES A. CONCESSIONAIRE recognizes and understands that this contract may create a possessory interest subject to property taxation and that CONCESSIONAIRE may be subject to the payment of property taxes levied on such interest. B. CONCESSIONAIRE covenants and agrees to pay all taxes, including possessory interest tax, and. assessments upon all improvements, fixtures, furniture, and other property owned by CONCESSIONAIRE and used in the exercise of CONCESSIONAIRE's rights under this Agreement or levied by reason of the CONCESSIONAIRE's operations pursuant to this Agreement. 10. INDEMNITY AND INSURANCE A. DISCLAIMER OF LIABILITY: Temecula Community Services District ("TCSD") and the City of Temecula shall not liable at any time for loss, damages, or injury to the person or property of any person whomsoever at any time,:occasioned by or arising out of any act of CONCESSIONAIRE or of anyone holding under CONCESSIONAIRE, nor for the occupancy or use of the Premises or any part thereof by or under the CONCESSIONAIRE, nor directly or indirectly from any state or condition of said Premises or any part thereof during the term of this Agreement. B. HOLD HARMLESS. AGREEMENT. CONCESSIONAIRE shall indemnify, defend with counsel approved by the Director and hold harmless the TCSD, the City of Temecula and their authorized officers,. employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person, and for any costs or expenses incurred by the TCSD, the City of Temecula or their authorized officers, employees, agents and volunteers on account of any claim therefore, except where such indemnification is prohibited by law. C. INSURANCE REQUIREMENTS. Without in any way affecting the indemnity herein provided and in addition thereto, the CONCESSIONAIRE shall secure and maintain throughout the Agreement the following types of insurance with limits as shown: (1) Workers' Compensation - A program of Workers' Compensation insurance or a state -approved Self -Insurance -Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability in the policy amount of one million dollars ($1,000,000), covering all persons providing services on behalf of the CONCESSIONAIRE and all risks to such persons under this Agreement. (2) Comprehensive General and Automobile Liability Insurance-- This coverage shall include general liability, contractual, products and complete operations coverage and automobile liability coverage for owned, hired and non -owned vehicles. The policy shall have combined single limits for bodilyinjury and property damage of not less than two million dollars ($2,000,000). The policy for comprehensive general liability insurance shall be Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. The automobile liability policy shall be Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the CONCESSIONAIRE owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. If separate policies are obtained, General Liability shall be two million dollars ($2 million) and Automobile Liability shall be one million dollars ($1 million). (3) Fire Insurance: Adequate to cover full cash value of CONCESSIONAIRE's personal property, CONCESSIONAIRE's improvements and betterments located on the Premises. (4) Fire Legal Liability: Adequate to cover full cash replacement value of TCSD's improvements and structures on the premises. (5) Acceptability of Insurers. Insurance shall be placed with insurers with a current A.M. Best's rating of no less. than A -:VII, unless otherwise acceptable to the District. Self insurance shall not be considered to comply with these insurance requirements. D. Additional Named Insured - All policies, except for the Worker's Compensation, shall contain additional endorsements naming the TCSD, the City of Temecula and their officers, employees, agents and volunteers as additional insured with respect to liabilities arising out of the performance of services hereunder. E. Waiver of Subrogation Rights - CONCESSIONAIRE shall require the. carriers of the above required coverages to waive all rights of subrogation against the TCSD, City of Temecula its officers, employees, agents, volunteers, contractors and. subcontractors. F. Policies Primary and Non -Contributory = All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the TCSD or the City of Temecula. G. Proof of Coverage - CONCESSIONAIRE shall immediately furnish certificates of insurance from the insurance company or its duly authorized agent for the issuance of certificates of coverage to the.Director, evidencing the insurance coverage, including endorsements, above required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated, suspended, modified or expire without thirty'(30) days written prior written notice by certified mail, return receipt requested, to the Director or such alternate notice as may be as may be approved by the Director of Finance, and CONCESSIONAIRE shall maintain such insurance from the commencement date of the term hereunder until the termination of the Agreement. Prior to the commencement of the term of this Agreement, the CONCESSIONAIRE shall furnish certified copies of the policies and all endorsements. H. . Insurance Review.- The above insurance requirements are subject to periodic review by the TCSD. The Director of Finance is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Director of Finance determines that any of the above insurance is not available, is unreasonable priced, or is not needed to protect the interests of the TCSD. In addition, if the Director of Finance determines that heretofore unreasonable priced or unavailable types of insurance coverage or coverage limits become reasonably.priced or available, the Director of Finance is authorized, but not required, to change the above insurance'requirements to require additional types of insurance coverage or higher 10 coverage limits, provided that any such change is reasonable in light of past claims against the TCSD, inflation, or any other item reasonably related to the TCSD's risk. I. Failure to Have Insurance: In the event TCSD receives a notice of cancellation concerning any of the required policies, or should CONCESSIONAIRE fail to have in effect the required coverage at any time during this Agreement, TCSD may give notice to CONCESSIONAIRE to immediately suspend all CONCESSIONAIRE business activities on the Park and/or notice to reinstate or acquire the affected coverage. Should CONCESSIONAIRE fail to reinstate or acquire the affected coverage within ten (10) days of TCSD's notice to reinstate or acquire such coverage, TCSD may either terminate this Agreement, reinstate or acquire the affected coverage, and CONCESSIONAIRE shall reimburse TCSD for the necessary cost at TCSD's option. If CONCESSIONAIRE does not reimburse TCSD within ten (10) days after demand by TCSD, TCSD shall have the right to withhold from future amounts due under this Agreement or otherwise due to: CONCESSIONAIRE the sum TCSD has expended until TCSD is reimbursed in full. J. TCSD shall have no liability for any premiums charged for such coverage(s). The inclusion of the TCSD, the City of Temecula, their employees, agents, officials and volunteers as additional named insured is not intended to and shall not make them or any of them a partner or joint venturer with CONCESSIONAIRE in CONCESSIONAIRE's operations at the Park. K. Any failure to comply. with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, TCSD, their employees, agents, officials and volunteers. L. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the policy. 11. ASSIGNMENT AND SUBLETTING This Agreement and concession rights are not assignable. CONCESSIONAIRE shall not voluntarily assign or encumber its interest in this Agreement or in the Premises, or any options contained in this Agreement, or sub agreement all or any part of the Premises, or allow any other person or entity (except CONCESSIONAIRE's authorized representatives) to occupy or use all or any part of the Premises. Any assignment, encumbrance, or sub agreement is voidable and, at 11 TCSD's election, shall constitute a default. No consent to any assignment, encumbrance, or sub - agreement shall constitute a further waiver of the provisions of this paragraph. 12. INTEGRATION OF AGREEMENTS This Agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior agreement or understanding, whether oral or in writing, pertaining to any such matter shall be effective for any purpose. 13. AMENDMENTS No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successor in interest, expressing by its terms an intention to modify this Agreement. 14. VIOLATION OF AGREEMENT . A. DEFAULT: In the event that CONCESSIONAIRE violates any of the terms and conditions of this Agreement, TCSD may give CONCESSIONAIRE notice of specific violation and demand for correction: B. TERMINATION FOR CONVENIENCE. TCSD may terminate this Agreement for any reason, with or without cause, on sixty (60) days written notice to CONCESSIONAIRE. C. TERMINATION FOR: DEFAULT: If, within fifteen (15) days after notice and demand, other than insurance or the payment of money due to TCSD, CONCESSIONAIRE has not commenced correction of the violation or shown acceptable cause therefore, TCSD has the right to immediately terminate this Agreement and pursue any and all remedies provided by law. TCSD has the right to terminate this Agreement on account of failure by CONCESSIONAIRE to correct a default in insurance or the payment of money owed to TCSD within five (5) working days after notice and demand for. correction. In the event of termination for default, TCSD has the right of immediate ownership of all buildings and improvements within the Premises. D. LIABILITY FOR BREACH: Termination for default shall not excuse CONCESSIONAIRE from any liability for breach of contract and any damages to which the TCSD may be entitled pursuant to applicable law. 12 E. The receipt by the TCSD of any rent or of any other sum of money paid by CONCESSIONAIRE after any default, the termination and forfeiture of this Agreement for any reason, or after the giving by TCSD of any notice to effect such termination; shall not waive the default, reinstate, continue or extend the term of this Agreement, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given hereunder by TCSD to the CONCESSIONAIRE prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the TCSD. Neither acceptance of the keys nor any other act of the TCSD or its agents or employees during the term of this Agreement shall be deemed to be an acceptance of a surrender of the Premises, excepting an agreement in writing signed by the TCSD agreeing to accept such surrender. 15. CONDITIONS AND SURRENDER OF PROPERTY AND TERMINATION OF AGREEMENT A. TCSD PROPERTY: CONCESSIONAIRE shall, upon termination for any reason, surrender the Premises, and all fixed improvements in a condition equal to that when received, normal wear and tear excepted. B. CONCESSIONAIRE PROPERTY: CONCESSIONAIRE further agrees, in addition to the above, upon termination. for any reason, to remove all goods, chattels, fixtures and equipment belonging to CONCESSIONAIRE from the Premises. Following the removal of such goods, chattels, fixtures, and equipment belonging to CONCESSIONAIRE, CONCESSIONAIRE shall repair any damage or injury to the said Premises or to any building, structure, or improvement located thereon, occasioned by installation or removal thereof. In the event that said goods, chattels, fixtures, and equipment are not removed within ten (10) days after the expiration of this Agreement or its termination for any other reason, CONCESSIONAIRE shall be deemed to have abandoned to TCSD the facilities, equipment, fixtures, goods, chattels, and any other property not so removed, at option of TCSD. If TCSD enters the Premises but elects not to exercise its option of having said property revert to TCSD, TCSD may remove the unclaimed property and dispose of it. CONCESSIONAIRE shall pay. to TCSD the reasonable cost of such removal and disposal. 13 16. NOTICE A. All notices, approvals, consents or otherr communications required or permitted to be given under this Agreement or under the unlawful detainer statutes of California shall be given to the respective parties in writing, by registered or certified mail, postage prepaid or by personal service to the following: (i) If to TCSD: TCSD of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, Ca. 92589-9033 Attention: Director of Community Services (ii) If to CONCESSIONAIRE: Keith Gors Goodtime Rentals 29690 Longhorn Drive Canyon Lake, CA 92587 B. Notices may be given at such other address or to such other persons as either of the parties may from time to time designate by notice given as herein provided. C. Notices, etc:, given by registered or certified mail shall be deemed delivered two (2) TCSD business days after being mailed. 17. EASEMENTS, TRUSTS AND WARRANTIES A. EXISTING ENCUMBRANCES: It is expressly understood and agreed that this Agreement and all rights and privileges hereunder granted are subject to all easements and rights-of-way now existing in, to, under, or over the Premises for any purposes whatsoever. It is further understood and agreed that this Agreement and any of the rights and privileges herein granted is subject to any and all grants, reservations, conditions, Agreements, restrictions, and trusts upon which the Premises is held by TCSD or the City of Temecula; and CONCESSIONAIRE covenants and agrees, any provision in this Agreement to the contrary notwithstanding, that it shall not use or permit the. Premises to be used for any purpose inconsistent with any of the grants, reservations, conditions, Agreements, restrictions and trusts 14 upon or under which said lands are held by TCSD or the City of Temecula, the terms of which are hereby incorporated into this Agreement as if set forth in full. B. NO WARRANTS: TCSD makes no warrants, except as specifically provided in this Agreement. In the event that this Agreement or any provision thereof is determined to be null and void by a court of competent jurisdiction, neither TCSD nor any of its officers, agents, or employees shall be liable to CONCESSIONAIRE, or to any person holding under or through CONCESSIONAIRE for any claim, loss. or damage of any nature whatsoever suffered or alleged to be suffered by CONCESSIONAIRE or such .person by reason of such determination. C. ASSUMPTION OF RISK: CONCESSIONAIRE assumes all risks incident to the use or occupation of the Premises in their present condition or in any condition thereof which may prevail during the term of this Agreement. This paragraph shall not relieve TCSD for the actions of its own agents or employees occurring after the commencement of this Agreement. 18. MISCELLANEOUS A. NO PARTNERSHIP: It is expressly understood and agreed that TCSD nor any of its officers, agents, volunteers or employees do not, in any way nor for any purpose, become a partner, agent, principle of, or a joint venturer with CONCESSIONAIRE by.reason of any provision of this Agreement. B. BINDING EFFECT: Each and all of the covenants, conditions, and agreements herein contained shall, in accordance with the context, inure to the benefit of TCSD and apply to and bind CONCESSIONAIRE, its principals, employees, heirs, legatees, devisees, executors, administrators, successors, agents, and approved assignees. C. CAPTIONS: The captions of articles and paragraphs of this Agreement are for convenience only and do not in any way limit or amplify terms and provisions hereof. D. NO WAIVER: No waiver by TCSD at any time of any of the terms and conditions of this Agreement shall be deemed to operate as a waiver at any time thereafter of the same or of any other terms or conditions contained herein or of the strict and timely performance of such terms and conditions. 15 E. NO DISCRIMINATION: CONCESSIONAIRE shall comply with all applicable anti -discrimination laws and regulations. F. DIRECTOR: The Director of Community Services is responsible for the enforcement of this Agreementon behalf of TCSD and other duties set forth in this Agreement. As used in this Agreement, "Director" means the Director of Community Services of the City of Temecula or his or her designee. G. TIME OF ESSENCE: Except as otherwise specifically provided, time is of the essence of each provision of this Agreement which specifies a time within which performance is to occur. In the absence of any specified time for performance, performance may be made within a reasonable time. H. ATTORNEYS' FEES AND COSTS: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, shall bear its own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising from any third party legal action against a party hereto and payable under Paragraph 10, INDEMNITY AND INSURANCE. 1. VENUE: The parties acknowledge and agree that this Agreement was entered into and intended to be performed in the City of Temecula, California. The parties agree that the venue for any action or claim brought by any party to this Agreement shall be Riverside County. Each party hereby waives any law or rule of court which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third party, the parties hereto agree to use their best efforts to obtain a change of venue to the Riverside County. J. SURVIVAL: The obligations of the parties which, by their nature, continue beyond the term of this Agreement, shall survive the termination of this Agreement. K. INTERPRETATIONS: As this Agreement was jointly prepared by both parties, the language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning, and not for or against either party hereto. 16 L. DISCLOSURE OF INFORMATION: All information received by the TCSD from any source concerning this Agreement, including the Agreement itself, may be treated by the TCSD as public information subject to disclosure under the provisions of the California Public Records Act; Government Code. Section 6250 et seq. (the "Public Records Act"). CONCESSIONAIRE understands that although all materials.received by the TCSD in connection with this contract are intended for the exclusive use of the TCSD, they are potentially subject to disclosure under the provisions of the Public Records Act. In:the event a request for disclosure of any part or all of any information which a CONCESSIONAIRE has requested TCSD to hold in confidence is made to the TCSD, the TCSD shall notify the CONCESSIONAIRE of the request and shall thereafter disclose the requested information unless the CONCESSIONAIRE,. within five (5) days of receiving notice of the disclosure request,. requests nondisclosure and agrees to indemnify, defend, and hold the TCSD and the City of Temecula harmless in any/all actions brought to require disclosure. CONCESSIONAIRE waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event TCSD fails to notify CONCESSIONAIRE of any such disclosure request and/or requests for any information received concerning the contract received from the CONCESSIONAIRE. 17 IN WITNESS WHEREOF, the parties hereto have caused their respective names to be hereunto subscribed by their respective proper officers thereunto duly authorized. TEMEGaA, COMMUNITY S CES DISTRICT Chuck Washington President Attest: Approved As to Form: Peter M. Thorson TCSD Attorney KEITH GORS, DBA GOODTIME RENTALS Keith'Gors, a individual 18 idIffl Elio V cn R Exhibit A ir‘I'''. \' . 16.4),,,;104,-.. I° tafro 4? I, .� •• fr. Q . • e • --.44 ,....:,0-A 4 b;alla'r ., ; _ • ),1t0 , y Nirthi !--A. '', 1 ° N • , ' . 4 ' 'a 10 ...1. ii.: r, .,,,,„:•,....:_:::..„,,,... til } '� ; � o- . `'�M 11/4r.1°.it ' �° +faj 7. '/ `\,. :14., ; J• nap is a user generated static output from an Internet mapping site and is (or general nce only. Data layers that appear on this map may or may not be accurate, current, or vise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Tnu:.m .w TEMECULA qv C li Hdo Exhibit B Management Plan Pedal Boat Rental Concession 1. Location: Harveston Lake Park 29005 Lake House Dr Temecula, CA. 92591 2. Company Objectives: Provide 8 New Pedal Boats (motor option available) for rental. 3. Company History: Goodtime Rentals has been doing business as a sole proprietor since 1992 at various locations throughout Orange, San Bernardino and Riverside Counties, as an equipment rental business. 4. Mission Statement and Motto: The primary mission of Goodtime Rentals is to make available safe boating equipment, which is environmentally friendly and family oriented and directed towards enhancing the park and lake experience for people of all ages. Goodtime Rentals, The Fun Starts Here!!! 5. Competitive Comparison: Goodtime Rentals uses only the newest, most innovative products and equipment on the market to keep the rental experience fresh and exciting. Most rental units are replaced on a yearly basis. We search out only the most friendly, courteous, experienced, motivated, bi-lingual associates to help at each location, tailoring hours to suit each individual park needs, still keeping my hourly rates the lowest of all my competitors. 6. Strategic Alliances: Goodtime Rentals partners with several boat manufacturers on development and distribution. I help the manufacturing sector keep up to speed with the special needs of the rental industry, such as: boat size, strength, color, and design. R:\McCarthy\Harveston Development\Paddleboats Management Plan October 2009.doc As an owner, operator, I attend numerous conventions and seminars relating to boat products, rental business management and I maintain contact with other owner operators in various countries and states to discuss any new products or recurring problems and any matters of concern. 7. Revenues: Goodtime Rentals will record all gross revenues collected from the premises on a gross receipt form approved by the City on a monthly basis. A battery- operated or electric cash register will be used at this location. A sequentially numbered receipt will be given to each customer for every sale. 8. Staff and Uniforms: Goodtime employees and maintenance staff will be provided name tags and wear matching or similar colored clothing identifying them as related to the business. 9. Safety Procedures: All boaters younger than 12 years old are required to wear life jackets. All occupants are provided a personal cushion type flotation device. Safety procedures will be clearly posted and verbally explained to all users of any equipment. Safety procedures will be attached to each boat. 10. Equipment: All equipment will be in new and clean, operational condition, not needing any safety related or visible need for repair. All equipment will be marked with the operator's business name and phone number. 11. Insurance: Goodtime Rentals carries Comprehensive Liability Insurance with Depalma Insurance, a company familiar with, and well established in the boat rental business. In addition to Goodtime Rentals, The City of Temecula would be named as additional insured. All customers are required to sign a Liability Release waiver and provide a current drivers license as a security deposit. In my prior 17 years of operation, I have had an unblemished record of safety, partly deriving from my deep concern and commitment to that end. 12. Facilities: Goodtime Rentals will operate out of currently existing storage space, providing easy access to the equipment, and utilizing the existing dock space, which will easily accommodate 8 boats. R:\McCarthy\Harveston Devetopment\Paddteboats Management Plan October 2009.doc 13. Signage: A modest, attractive, and professionally painted three-foot sign will be used. A permanent price board will be posted. These signs will be discreet, purposeful, and attractive, and are subject to the approval of city officials. 14. Hours of Operation: Goodtime Rentals will be open weekends and holidays. Hours will be daily from 12 noon to 30 minutes prior to sunset. Optional: weekdays to be open if lake attendance requires. 15. Advertising: An Advertising budget of $1,000 has been established. It is my intention to promote Goodtime Rentals to the local Harveston community. Our boats attract a loyal following and many return visits by happy customers thereby increasing lake attendance and revenue. R:\McCarthy1Harveston Oevelopment\Paddleboats Management Plan October 2009.doc DISTRICT BUSINESS Item No. 12 Approvals City Attorney Chief Financial Officer City Manager Mr - AA) TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Patrick Richardson, Director of Development Services DATE: September 25, 2012 SUBJECT: Bike Lane Improvements Update (at the request of Mayor Washington and Mayor Pro Tem Naggar) PREPARED BY: Matt Peters, Associate Planner RECOMMENDATION: Receive and file. BACKGROUND: In April 2009, the Long Beach City Council declared itself, "Long Beach: The Most Bike -Friendly City in America." Since then, the City Council, City staff, and local residents have implemented a plan to promote the use of bicycles as day-to-day transportation in and around Long Beach. During the last three years, using federal grants to fund a portion of the infrastructure and education, the City has installed: • bike lane specific traffic signals and new signs; • traffic -calming bike boulevards and traffic circles; • separated bike lane facilities; and • striped "sharrows": lanes shared by bikes and cars identified by a stripe of green paint On August 24, 2012, Development Services staff attended a Bike Lane Infrastructure and Facilities Tour hosted by Charlie Gandy, Bicycle Advocate for the City of Long Beach. This visit was organized by the Temecula Bicycle Coalition to raise City Staff awareness of innovative bicycle lane facilities development. Staff will give a brief presentation to discuss how certain aspects of Long Beach's bike lane infrastructure can be funded and incorporated into the City of Temecula's Bike Lane and Trail Program (BLTP). FISCAL IMPACT: None TCSD DEPARTMENTAL REPORT Item No. 13 Approvals City Attorney Chief Financial Officer City Manager Po -r - go TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Executive Director of Community Services DATE: September 25, 2012 SUBJECT: Community Services Department Monthly Report RECOMMENDATION: Receive and file. BACKGROUND: The following provides an overview of the Community Services Department's programs, activities and events: The Temecula Community Theater Temecula Presents Season is currently underway. The season will offer a wide variety of theater, dance and musical productions presented by the City of Temecula Community Services Department, as well as resident company users of the theater. The Gallery at the Merc is currently showcasing a juried art show exhibit by the Temecula Valley Art League. On Friday, August 31, 2012 approximately 100 attended a reception showcasing the winners, and the featured artists, guests and patrons were treated to refreshments and music provided by Great Oak High School "Generation Jazz Band". The show is on display at the Gallery at the Merc thru September 30, 2012. The annual F.I.T. Finale 5k/10k Fun Run was held on Sunday, September 9th. Over 120 participated in this timed 5k/10k run, along with a 5k walk. Participants received a t -shirt, goodie bag and post event refreshments and participant ribbon for all finishers. First thru third place awards were presented in each age division. The Home Dedication for Marine Cpl. Juan Dominguez was held on 9/11 at the home site. This event, coordinated in conjunction with the Stephen Sillers Tunnel to Towers Foundation, Standard Pacific Homes and many other charitable organizations, along with Actor Gary Sinise, presented Cpl. Dominguez and his wife a new "smart" home in the Paseo del Sol development. Approximately 300 were in attendance at the event. Later in the day, a 9/11 Remembrance was held at the Temecula Duck Pond, complete with a Color Guard by the Young Marines, the Great Oak High School Marching Band, and candles were distributed to those in remembrance of all who lost their lives in the attacks on 9/11. Special Games was held on Saturday, September 15, 2012 at Chaparral High School. Approximately 100 athletes with special needs participated in the opening ceremony, and non- competitive games and sport activities. Staff and volunteers were on hand to help each athlete as they participated in this annual event. The Annual Health and Wellness Fair was held on Saturday, September 22, 2012 at the Temecula Civic Center. Over 50 health and wellness organizations were on hand to provide information about services, etc. In addition, several health and wellness organizations offered free screenings. The Endless Summer Concert and Pool Party will be held at the Community Recreation Center Pool on Saturday, September 29, 2012. This event provides a free concert in the park and the pool will be open for public swim during the event. Vendors will be selling hot dogs, shaved ice, kettle corn and funnel cakes. The Temecula History Museum will showcase "The Betty Burke Collection" opening September 29, 2012. This exhibit will take a unique and personal look at the life of Erle Stanley Gardner, creator of Perry Mason and longtime Temecula resident, from the perspective of his last secretary, Ms. Betty Burke and includes a collection of her mementos, photos and files from her days working for Erle and Jean Gardner. The Textures Fiber Arts Show will be presented at the Gallery at the Merc with an opening night reception on Friday, October 5, 2012 from 5:30pm to 7:30pm. This event is open to the general public. Refreshments and entertainment will be provided during the event. The Temecula Outdoor Quilt Show will be held throughout Old Town Temecula on Saturday, October 6, 2012 from 10:OOam to 4:OOpm. Handmade quilts will be on display throughout Old Town. This event is free. Community Services Department staff is currently gearing up for their Fall activities to include the Annual Pumpkin Plunge, a Pigskin Kickoff Party for the cross town rival football game to be held at Great Oak High School against Chaparral High School, Rocktober, and the annual Halloween Family Carnival. DEPARTMENTAL REPORTS Item No. 14 Approvals City Attorney Chief Financial Officer City Manager Pfie-r- 74-0 rA CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Development Services DATE: September 25, 2012 SUBJECT: Planning Department Monthly Report RECOMMENDATION: Receive and file. The following are the recent highlights for the Planning Division of the Community Development Department for the month of August 2012. CURRENT PLANNING ACTIVITIES New Cases The Division received 48 new applications for administrative, other minor cases, and home occupations including 7 applications for public hearings during the month of August. Special Projects & Long Range Planning Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: • Temecula Regional Hospital: This project was approved by the City Council on January 22, 2008. Vertical construction for the first hospital bed tower began on February 13, 2012 and erection of the structural steel was topped out on March 22, 2012, and was substantially complete on May 16, 2012. The exterior of the building is scheduled to be completed in January 2013. Work being done on De Portola Road related to the hospital project was completed and the traffic signal at Temecula Parkway and Country Glen Way was energized and operational in August 2012. Approximately 150 people are currently working on the construction site and construction is on schedule for an August 2013 completion of Phase I. (FISK) 1 • Jefferson Avenue Study Area Visioning and Public Outreach: I n January 2011, the City Council established the Jefferson Avenue Ad Hoc Subcommittee comprised of Mayor Ron Roberts and Council Member Jeff Comerchero. The City was awarded a SCAG Compass Blueprint Demonstration Project Grant to assist the City with the public outreach and visioning process for this project. Through SCAG's RFP process, MIG, Inc. was selected as the planning and public outreach consultant to conduct six Visioning Workshops to solicit community input, setting the foundation for a specific plan to guide the revitalization of this area over the next 15-30 years. After the completion of the Visioning Workshop series, Staff presented the draft recommendations to the Public Traffic Safety, Community Services, and Planning Commissions, as well as City Council. Based upon the recommendations from the public visioning process, City Council authorized the preparation of a Specific Plan for the Jefferson Avenue Study Area. The Specific Plan will also include a financing study and infrastructure plan to ensure market feasibility. (RICHARDSONIWATSONIINNESIWEST) • Caltrans Community Based Transportation Planning Grant: The City was awarded $248,200 from Caltrans for a Community Based Transportation Planning grant to fund a multi -jurisdictional transportation corridor planning effort for the Highway 395 Corridor for the Cities of Temecula, Murrieta, Wildomar, and Lake Elsinore. As a part of this effort, the City of Temecula will analyze affordable housing opportunities, impacts of increased intensity and density, mixed-use development, and the transportation network. The Caltrans grant will complement the ULI Technical Advisory Panel study completed for the Jefferson Avenue, which focuses on future land use and transportation planning related to the high speed rail through Temecula. The City is currently working with Fehr and Peers for a traffic and land use study. The community outreach and engagement effort for this project is being coordinated through the SCAG Compass Blueprint Demonstration Project in conjunction with the Jefferson Avenue Study Area. The Plan is anticipated to be completed in February 2013. For more information, visit www.highway395corridorstudy.orq. (WEST/INNES) • SCAG Compass Blueprint Demonstration Project Grant for the Historic Highway 395 Corridor and Jefferson Avenue Study Area Visioning and Public Outreach Process: The City of Temecula was awarded a Compass Blueprint Demonstration Project grant by SCAG in February 2011 to provide visioning and public outreach assistance for the Caltrans Community Based Transportation Planning Grant, and to provide visioning and public outreach assistance with the Jefferson Avenue Study Area. The objective of the grant is to establish a vision for the future of the Jefferson Avenue Study Area through public outreach and an extensive visioning process. The visioning process is intended to promote SCAG's four key principles of livability, mobility, sustainability and prosperity and also focus on achieving the goals of SB 375. The future Jefferson Corridor Specific Plan area is intended to become a mixed-use, transit -oriented corridor designed to support the feasibility of the future High Speed Rail station that is slated to be located north of the specific plan area in the City of Murrieta, and the planned Cherry Street Transit Station located on the boundaries of the City of Murrieta and Temecula. The public outreach efforts will include visioning workshops and a website dedicated to the visioning and public outreach process. After an extensive interview process, MIG was selected as the consultant. MIG is under contract with SCAG and provides professional planning consulting work for the public outreach effort for both the Jefferson Avenue Study Area Visioning Process and the Caltrans Community Based Transportation Planning Grant. (WEST/INNES) 2 • Consolidated Plan for Community Development Block Grant (CDBG): On June 14, 2011, City Council adopted a resolution to request that the U.S. Department of Housing and Urban Development (HUD) designate the City of Temecula as an Entitlement City. City Council adopted a Citizen Participation Plan (CPP) that set forth the City's policies and procedures for citizen participation in the development of its Five -Year Consolidated Plan for the CDBG program. After holding two community workshops, the draft Consolidated Plan and Fiscal Year 2012/2013 project and service funding recommendations (Action Plan) were reviewed by the Finance Committee. On April 10, 2012, the City Council approved the draft Plan. The final grant agreement for $475,558, which constitutes the annual award of grant funds between the HUD and the City of Temecula, was executed on July 24, 2012. Although the City has received CDBG funding for many years, this will be the first year the City of Temecula receives CDBG funds directly from HUD. During Fiscal Year 2012-13 the City has plans to fund three public facility projects and five local service providers. (WEAVER) • 2014-2021 Housing Element Update: State law requires the City to adopt an update to the Housing Element and have it certified by the State Department of Housing and Community Development (HCD) by October 30, 2013. The City is collaborating with Pacific Municipal Consultants (PMC) to assist with the update of the Housing Element. Project efforts began in July 2012. Public outreach efforts will include one workshop, a public review period, and two public hearings. City Council must adopt the updated Housing Element prior to June 30, 2013. (WEAVER) • Bike Lane and Trail Program (BLTP): City Staff is updating the inventory map and implementation program for the City's Multi -use Trails and Bikeways Master Plan. Staff completed a field survey of existing and proposed bike lanes and trails, and has been working with GIS to prioritize trail routes in order to complete an Old Town to Wine Country Trail, a Lake Skinner Trail, and a Temecula Loop around the entire City. This loop system will generally be located along Temecula Creek on the south side of the City, Butterfield Stage Road on the east side, Santa Gertrudis Creek on the north, and Murrieta Creek on the west. Staff is implementing the first phase of the Capital Improvements Program and in the process of taking the BLTP to the various Commissions prior to going before Council to approve the program in October. (PETERS) • SMER Open Space Preserve Plan: In June 2012, the City and San Diego State University (SDSU) staff met to discuss the possibility of a 50 -year lease on a portion of the Santa Margarita Ecological Reserve (SMER). At the conclusion of the meeting, the Trails Ad Hoc Committee was tasked by the Vice President for Research and the Dean of Science at SDSU to draft a concept paper outlining the benefits of SDSU leasing approximately 250 acres of land at the SMER to the City. As a result, an Open Space Preserve Plan emphasizing habitat preservation and restoration while providing access for recreation, such as multi -use trails, and education opportunities was completed and has been forwarded to SDSU for their consideration. If SDSU and the City agree to move forward with a lease, the next step will be to develop a more detailed management plan. (PETERS) Sustainability Program Activities • Energy Efficiency and Conservation Block Grant Activities: In March 2010, the City of Temecula was awarded grant funds through the American Recovery and Reinvestment Act (ARRA) to develop energy efficiency programs. The City was granted $940,700 from the Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG). 3 The following activities have been identified to be funded with the EECBG: the Adaptive Traffic Signal Synchronization Project, the CRC Energy Retrofit, and the Traffic Safety and Bridge Lighting Retrofit Project. (WEST) • Adaptive Traffic Signal Synchronization Project: In August2010, the City Council authorized the purchase and installation of the Adaptive Traffic Signal Synchronization equipment along the Winchester Road, Rancho California Road, Temecula Parkway and Jefferson Avenue corridors. The adaptive traffic signal synchronization system continuously analyzes and evaluates traffic data along the corridor and selects the most appropriate traffic signal timing, resulting in a 14% reduction in travel time, 17% improvement to travel speeds, 29% reduction in the number of vehicular stops, an annual savings of 112,000 gallons of fuel, an annual savings of $437,000 in fuel costs, and an annual reduction of 14,000 pounds of emissions. The project was completed in August 2011. • Municipal Facilities Energy Retrofit Project: In December 2010, the City completed a preliminary comprehensive energy conservation survey of the Community Recreation Center (CRC). The CRC energy retrofit project involves the replacement of 18 rooftop HVAC systems with high efficient HVAC systems, the application of window tinting on west, east and south facing windows, and the replacement of existing light fixtures in the gymnasium with more efficient T5HO and T8 fixtures. The project also includes the implementation of server virtualization software for City computers. The application of window tint and the replacement of HVAC systems began in March and were completed in June 2012. Server virtualization software for City computers implementation was completed in August 2012. The combined annual energy savings is estimated at 308,000 kWh, which will save the City approximately $46,000 in operating costs. • Traffic Safety and Bridge Lighting Retrofit Project: In April 2012, the City authorized the use of EECBG funds to replace lower efficiency high pressure sodium lighting technology with more energy efficient induction lighting technology at 240 traffic intersections and bridges within the City of Temecula. The project will reduce energy consumption and save the City operational and maintenance costs. The annual savings to the City is estimated to be 313,170 kWh and $66,000. Council approved contracts for the project in July 2012, including a contract with Tanko Street Lighting Inc for the purchase of the induction lighting and with Republic Intelligent Transportation for the installation of the lights. The project is expected to be completed prior to the end of the grant term. • Western Riverside Energy Leadership Partnership: This Partnership, which consists of 11 WRCOG member cities and Southern California Edison (SCE), provides performance- based programs and incentives for participating cities to develop and demonstrate energy efficiency leadership within their communities. Program activities include retrofitting or implementing energy efficiency measures at municipal facilities, developing an energy action plan, and providing opportunities for the community to take action in their homes and businesses. The project is scheduled to be completed in October 2012. . (WEST) 4 • Municipal Facility Energy Benchmarking: This program established the baseline performance of City facilities by assessing energy performance, water efficiency, and carbon emissions using Environmental Protection Agency's Portfolio Manager. This effort will enable the City to track the performance of facilities over time and determine the cost effectiveness of policies affecting operational decisions and energy efficiency measures. Work was completed in August 2012. • Energy Action Plan: This activity will establish policies and procedures to curtail energy use at City facilities based on energy data gathered and input into the Benchmarking activity. Work on this activity began in April 2012. Currently the consultant is preparing preliminary draft strategies and a cost benefit analysis for staff's review in July 2012. A final document is anticipated in September 2012. • The Green House Gas (GHG) Emissions Inventory: The City's Green TAC selected 2007 as the base year for GHG emissions inventory analysis. A municipal operations inventory and a communitywide inventory were conducted. The next steps are to select a target emission reduction and identify implementation measures that will achieve the selected target. The Green TAC established a test target of 15 percent below the 2007 base year. Work on the emissions inventory has begun again with the City's participation in the Partnership. Data collection needed to quantify GHG emissions has begun and the first draft of the analysis is anticipated to be completed during the 4th quarter of 2012. • Revolving Energy Fund: This activity establishes the framework to institute a revolving energy fund to improve the energy efficiency at City facilities. The activity will tie together the efforts of the Municipal Facility Energy Benchmarking and the Energy Action Plan to provide an ongoing funding source which will improve the energy efficiency of City facilities and save the City money over time. Staff is currently reviewing the funding options, policies and procedures. A draft program is anticipated in September 2012. • Solid Waste and Recycling: In January 2012, AB 341 established mandatory commercial recycling for businesses that generate four or more yards of trash per week, and for multi- family residential dwellings of 5 units or more. In preparation of the new regulations, staff partnered with CR&R to develop the framework of a program that complies with the new regulations. CR&R and the City will develop an educational and outreach component, including contact with the top waste generating businesses, on-site waste audits, website and Public Information Channel updates, printed materials for billing inserts, Business License renewals, and coordination with the Temecula Chamber of Commerce. Staff also assists with coordination and public outreach of the by Citywide Clean -Up, the Household Hazardous Waste Collection Event, and the Backyard Composting Workshop. The next Citywide Clean -Up is scheduled for October 6, 2012 at Chaparral High School. Information about the Citywide Clean-up is posted on the City's website. The temporary Household Hazardous Waste Collection Events (HHWE) and the Backyard Composting Workshops are County of Riverside Waste Management programs and are open to all Riverside County residents. The next HHWE collection event is scheduled for January 26, 2013. (WEST) 5 Planning Agenda Report 8/1/2012 through 8/31/2012 Recently Approved APN # • PA12-0146 Above & Beyond Beauty TUP 922044021 ERIC JONES A Major Temporary Use Permit for a grand opening celebration for Above and Beyond Beauty Salon, and a charity fund raiser for Safe Alternatives for Everyone (S.A.F.E.) to be held on August 25, 2012, from 1 p.m. to 9 p.m. at 41925 3rd Street. The event will consist of a live band/dj, dancers, a snowcone and popcorn machine, two bounce houses, a photo booth, face painting, hair and nail booths, food, raffles, and an auction to raise money for S.A.F.E. Part of the event will take place in the vacant lot immediately to the west. (APN: 922-044-021 & 922-044-020) Submitted Date Approved Date Jul 26 2012 Aug 15 2012 • PA12-0151 New Mexico Chile Major TUP APN # 922036033 KENNY TAYLOR A Major Temporary Use Permit for a New Mexico Chile Event to be conducted in the parking lot of an existing commercial center within Old Town. The event will feature live entertainment and food prepared on site on 8/25/12 and 8/26/12 from 8 a.m. to 6 p.m. The project is located at 28601 Old Town Front Street. Submitted Date Approved Date Aug 1 2012 TBD • PA12-0153 Hunter's Pumpkin Patch TUP APN # 910130075 KENNY TAYLOR A Major Temporary Use Permit for a pumpkin patch, jumpers/slide, little tractor rides, hay maze, painting, games, petting zoo, food vendors, remote control cars, and music to be held in the parking lot of the Promenade Mall located at 40640 Winchester Road from September 28 thru October 31 from 10 a.m. to 9 p.m. daily (APN: 910-420- 030). Submitted Date Approved Date Aug 22012 TBD • PA12-0144 Black Market Major TUP APN # 909282007 ERIC JONES A Major Temporary Use Permit to allow Black Market Brewery to conduct a Third Anniversary special event with catered food and live music. The event will be held within the existing tasting room on August 11, 2012 between 1 p.m. and 6 p.m. The facility is located at 41740 Enterprise Circle North, Suite 109. Submitted Date Approved Date Jul 24 2012 Aug 6 2012 APN # • PA12-0019 Home Depot 79S Out Parcels CUP 959390005 ERIC JONES A Conditional Use Permit to allow a drive-thru at a proposed Der Wienerschnitzel restaurant within the Home Depot Shopping Center located at 32020 Temecula Parkway. (Associated with PA12-0018, TPM to create 3 parcels and PA12-0017, Development Plan). Submitted Date Approved Date Feb 1 2012 Aug 2 2012 • PA12-0018 Home Depot 79S Out Parcels TPM 1 of 7 APN # 959390005 ERIC JONES Planning Agenda Report 8/1/2012 through 8/31/2012 A Tentative Parcel Map (No. 36439) to subdivide an existing 12.07 acre parcel into 3 parcels with an average lot size of 3.64 acres. Associated with PA12-0017, Development Plan to construct two retail buildings totaling 9,885 square feet and PA12-0019, Conditional Use Permit for a drive thru, within the developed Home Depot Shopping Center located at 32020 Temecula Parkway. Submitted Date Approved Date Feb 1 2012 Aug 2 2012 2 of 7 Planning Agenda Report 8/1/2012 through 8/31/2012 • PA12-0130 Scheduled for Hearin Cal Baptist Minor CUP APN # 910420030 MATTHEW PETERS A Minor Conditional Use Permit for California Baptist University (CBU) to open classrooms and administrative offices for an online professional academic program located at 40820 Winchester Road #590 & # 595 at the Promenade Mall Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 11 2012 8/9/2012 TBD • PA12-0032 Soro's Mediterranean Grill APN # 922023022 MATTHEW PETERS A Conditional Use Permit for Soro's Mediterranean Grill, a bona fide eating establishment, to upgrade their liquor license from a Type 41 (beer and wine) to Type 47 (beer, wine and distilled spirits) at 28464 Old Town Front Street. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 21 2012 TBD 3 of 7 Planning Agenda Report 8/1/2012 through 8/31/2012 • PA12-0114 Nr w Submittals Pending DRC Me APN # 922360001 Temecula Greek Festival n DAWN ADAMIAK A Special Event Permit for the Temecula Greek Festival to be held on October 6 & 7, 2012 utilizing Town Square Park, Civic Quad and Conference Center. This is a festival of Greek food, culture, dancing and entertainment. Beer and wine will be available at event. Road closures will most likely include Main Street "Y" and Mercedes from Third to Fourth Streets. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 15 2012 TBD • PA12-0147 Knuckleheads CUP APN # 922023019 KENNY TAYLOR A Minor Conditional Use Permit for Knuckleheads Restaurant, a bona fide eating establishment, to allow indoor live entertainment at 28410 Old Town Front Street, Suite 112, (Old Town Plaza). Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 31 2012 TBD • PA12-0156 Komen Race for the Cure APN # 910420030 DAWN ADAMIAK Major Temporary Use Permit for Susan G Komen Race For The Cure 5k Run/Walk and Family 1 mile Fun Run/Walk on Sunday October 21, 2012 from 5:00 a.m. until 4:00 p.m. located at 40820 Winchester Rd Promenade Mall. Submitted Date Anticipated DRC Meeting Date Hearing Planned Aug 82012 TBD APN # • PA12-0164 Lienzo Charro CUP 922120008 ERIC JONES A Minor Conditional Use Permit to allow Lienzo Charro to conduct live indoor entertainment. The entertainment will consist of open mic night Wednesday through Friday from 7 p.m. - 1:30 a.m. with Mariachi bands also on Friday from 3 p.m. - 8:30 p.m. A 21 and over dance club is proposed for Saturday from 9 p.m. - 1:30 a.m. Salsa dancing is proposed for Sunday from 8 p.m. to 1 a.m. The project is located 29000 Old Town Front Street. Submitted Date Anticipated DRC Meeting Date Hearing Planned Aug 20 2012 TBD APN # • PA12-0168 Cellarz93 TUP 921830016 KENNY TAYLOR A Major Temporary Use Permit to allow Cellarz 93 Restaurant/Wine Bar to conduct indoor live entertainment. The applicant is proposing live entertainment in support of the Restaurant/Wine Bar grand opening schedule for October 2012, consisting of musical acoustic pianists, guitarists, blues, and jazz players. Hours proposed for live entertainment are from 8:00 p.m to 1 a.m seven days per week. The project is located 41577 Margarita Road in the building that was previously Harry's Pacific Grill. The applicant has also applied for a CUP (PA12-0169) to allow for indoor entertainment to be a permanant part of the restaurant's operations. Submitted Date Anticipated DRC Meeting Date Hearing Planned Aug 24 2012 TBD • PA12-0169 Cellarz93 CUP 4 of 7 APN # 921830016 KENNY TAYLOR Planning Agenda Report 8/1/2012 through 8/31/2012 A Minor Conditional Use Permit to allow Cellarz 93 Restaurant/Wine Bar to conduct indoor live entertainment. The applicant is proposing live entertainment in support of the Restaurant/Wine Bar, consisting of musical acoustic pianists, guitarists, blues, and jazz players. Hours proposed for live entertainment are from 8:00 p.m to 1 a.m seven days per week. The project is located 41577 Margarita Road in the building that was previously Harry's Pacific Grill. Submitted Date Anticipated DRC Meeting Date Hearing Planned Aug 24 2012 TBD • PA12-0170 Walmart Storage TUP APN # 960010047 KENNY TAYLOR A Major Temporary Use Permit for Walmart to allow temporary seasonal holiday storage containers/trailers onsite outside of the existing Walmart side and rear building from September 15, 2012 through January 15, 2012 located at 32225 Temecula Parkway. Submitted Date Anticipated DRC Meeting Date Hearing Planned Aug 27 2012 TBD • PA12-0172 iShine Major TUP APN # 940310028 ERIC JONES A Major Temporary Use Permit to allow iShine learning Center to operate a tutoring/life coaching facility within an existing business park located at 1 Better World Circle. Submitted Date Anticipated DRC Meeting Date Hearing Planned Aug 29 2012 TBD • PA12-0173 iShine Major CUP APN # 940310028 KENNY TAYLOR A Minor Conditional Use Permit to allow iShine to operate a tutoring/life coaching facility at an existing business parking lot located at 1 Better World Circle. Submitted Date Anticipated DRC Meeting Date Hearing Planned Aug 29 2012 TBD • PA12-0086 PDS PA38 TPM for WQMP APN # 959390007 MATTHEW PETERS A Tentative Parcel Map (No. 36461) to subdivide 7.07 acres into two parcels within Planning Area 38 of the Paseo del Sol Specific Plan, located at the southwest corner of Campanula Way and De Portola Road. The lot split is required to create a separate parcel for the WQMP basin located at the western property line, as approved by the ACOE as part of the overall drainage plan for the Paseo del Sol development. No development is proposed on this commercially designated property. Mass grading of the site is proposed. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 26 2012 TBD • PA12-0143 Navy Federal CUP APN # 961410008 ERIC JONES A Conditional Use Permit to allow Navy Federal Credit Union to construct and operate a three lane drive-thru as part of a proposed banking structure located south of the Temecula Parkway and Jedediah Smith intersection (APN: 961 -410-008) (Related Application: Development Plan PA12-0142). Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 24 2012 TBD APN # 5of7 Planning Agenda Report 8/1/2012 through 8/31/2012 • PA12-0127 Crown Castle (Node TM -18) 945201007 MATTHEW PETERS A Conditional Use Permit for Crown Castle to install a new 40' high textured steel street Tight pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -18) in the City of Temecula right-of-way on the north side of Agena Street, approximately 225' west of Southern Cross Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 3 2012 TBD • PA12-0122 Roripaugh Ranch DA Amendment APN # 964180022 MATTHEW PETERS A Development Agreement Major Modification application to extend the terms of the existing Development Agreement for the Roripaugh Ranch Specific Plan by 15 years. None of the provisions in the Deveopment Agreement are proposed to be modified other than the term of the agreement. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 28 2012 TBD • PA12-0033 Mira Loma Apartments DP APN # 944060006 STUART FISK A Multi -family Residential Development Plan to construct 120 apartment units on an 8.67 acre site located at the northeast corner of Mira Loma Drive and Rancho Vista Road. Associated with PA12-0034 (GPA/PDO-11 Amendment). Previous PR11-0023 Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 22 2012 3/22/2012 TBD • PA11-0277 Bella Linda TTM APN # 961450012 ERIC JONES A Tentative Tract Map Application to create 54 separate residential lots from three existing lots. Four additional lots will also be created: Lots A - C will contain the public right-of-way through the center lines of Pechanga Parkway and Loma Linda Road, and Lot D will consist of a private road. The project totals 25.56 acres and is located on the northeast corner of Pechanga Parkway and Loma Linda Road (APNs 961-450-012, 013, 003) (Related Applications: PA11-0276 & PA11-0275) Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 27 2011 TBD • PA11-0276 Bella GPA, ZoneChange, PDO APN # 961450012 ERIC JONES A General Plan Amendment, Zone Change, and Planned Development Overlay (PDO) Application for a two phased residential project. Both the General Plan and Zoning designations are currently Professional Office (PO). The application proposes to create a Medium Density Residential section (Courtyard Housing) and a High Density Residential Section (Apartments). The PDO will provide architectural and landscape design guidelines. The project is located on the northeast corner of Pechanga Parkway and Loma Linda Road and totals 25.56 acres (APNs: 961- 450-012, 013, 003) (Related Applications: PA11-0275 and PA11-0277) Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 27 2011 TBD • PA11-0275 Bella Linda DP 6 of 7 APN # 961450012 ERIC JONES Planning Agenda Report 8/1/2012 through 8/31/2012 A Development Plan Application for a two-phase residential project. Phase 1 will consist of 325 multi -family apartment units. Phase 2 will consist of 49 single-family cluster units (senior units). The project totals 25.56 acres and is located on the northeast corner of Pechanga Parkway and Loma Linda Road (APNs 961-450-012, 013, 003) (Related Applications: PA11-0276, 0277). Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 27 2011 TBD 7 of 7 141\1• °‘V /44 7. 41* PA12-0156 PA12 0130 PA.12-0153 /1 PA,12'-0168 12 PA -01 6 6 1 r I. V*.04 •,.,-.11, ‘00writi. Awite ,1 PA120086 _ PA12-0018` PA12-0019 di� \� PA.12Oi70 • 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting V PA1,1'-0276: �!Skv PA,1,1-0275 PAT' -027-7 Item No. 15 Approvals City Attorney Chief Financial Officer City Manager Mr - go r, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Development Services DATE: September 25, 2012 SUBJECT: Economic Development Monthly Report RECOMMENDATION: Receive and file. The following lists some recent highlights of the Economic Development Division for the month of August, 2012: Economic Development Projects/Programs/Events Temecula Valley Entrepreneur's Exchange (TVE2) Marketing efforts, including launching the tve2.orq website, press releases, e -blasts and local television, is underway to solicit client companies and professional/expert advisors for the program. Building improvements are underway and will be completed in mid-October. Staff will be scheduling an informational breakfast for the public during the first week in October. The first Advisory Committee meeting is scheduled for late September to review applications and discuss the program. A Grand Opening and Open House is scheduled for November 3, 2012. (KITZEROW) Business Attraction, Retention and Public Outreach • The Economic Development Division is pleased to announce a new manufacturing company has relocated to Temecula. Iron Grip Barbell Company (currently located in Santa Ana) has moved a portion of their manufacturing facility to Temecula in the former 44,367 square foot Bianchi building on Jefferson Avenue. Economic Development Staff is currently in touch with the company to ensure that their permit process runs smoothly. • Economic Development Staff recently assisted a local Temecula social media company, Vidgits in presenting to the Tech Coast Angels, California's largest angel investor network. Vidgits is looking for additional funding to grow their local business. • Mayor Washington, Economic Development Staff, along with EDC and Chamber of Commerce representatives have been visiting with each of the Temecula Auto Dealers 1 over the past several months. For the month of August, Staff visited Temecula Hine Mazda. • As part of the Twin Cities partnership, Temecula Economic Development Staff partnered with Murrieta Economic Development Staff on a Soaring Dimensions marketing piece that was included in the San Diego Daily Transcript (August 30, 2012). • Economic Development Quick Fact: A total of 91 new business licenses were applied for and approved during the month of August! • Economic Development Staff continues to remain engaged with the local business community by participating in the following events: • Temecula Valley Chamber of Commerce Networking Breakfast • Temecula Valley Chamber of Commerce Mixer • InSocal Connect Luncheon Meet and Greet with UCR's new Vice Chancellor of Research and Economic Development, Michael Pazzani (DAMKO) Fellowship Program & Internship Program The City of Temecula Fellowship Program is designed for graduate and post -graduate level students. The fellowship allows individuals to work in their areas of interest, gain valuable work experience, and learn the skills and knowledge that will enhance their job prospects by working in a fast -paced, challenging environment. Fellowships are open during the summer and last between 6 to 8 weeks. Stipends will be allotted depending on availability. The City of Temecula Internship Program offers part-time internships to high school and undergraduate college students. The internships are designed to expose students to the workings of local city government. Internship positions are open year round in three sessions of 10 weeks (spring, summer, fall,) and interns may be eligible for compensation. Interns are college graduates, college undergraduates and high school students. Interns are from a variety of different universities including UCR, Cal Poly Pomona, Cal Poly SLO, Cal Baptist, Chico State, University of Oregon. Fellows and Interns work in different departments including Planning, Building, Public Works, Theatre, TCSD, Special Needs, Economic Development to name a few. An additional round of intern hiring is underway with the new interns working on a semi- permanent basis. This will allow interns to gain an even greater depth of knowledge and experience while they attend university. College and Vocational Fair The Fourth Annual City of Temecula College and Vocational Fair will take place on Saturday, September 22nd from 10am to 2 pm at the Promenade Mall. The event continues to grow each year and there are currently 165 confirmed vendors, up from 153 last year. Our goal is 170. The Fair includes colleges and universities, vocational schools and military service representatives from the Ivy League, Pac 12, Big 12, UC, State and private schools from around the country. 2 Item No. 16 Approvals City Attorney Chief Financial Officer City Manager M -r CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: September 25, 2012 SUBJECT: Police Department Monthly Report PREPARED BY: Will Edwards, Sergeant RECOMMENDATION: Receive and file. The following report reflects the activity of the Temecula Police Department for the month of August 2012. PATROL SERVICES Overall calls for police service 3,139 "Priority One" calls for service 61 Average response time for "Priority One" calls 5.63 Minutes VOLUNTEERS Volunteer administration hours 157 Special Events hours 189 Community Action Patrol (CAP) hours 898 Reserve officer hours (patrol) 110 Training hours 251 Total Volunteer hours 1339 CRIME PREVENTION Crime prevention workshops /Neighborhood watch meetings conducted 3/0 Residential/Business security surveys conducted 4/13 Businesses visited 6 Residences/Businesses visited for past crime follow-up 24/10 Station Tour 0 Planning Review Projects/Temp Outdoor Use Permits 3/16 Square Footage of Graffiti Removed Unavailable at Time of Report OLD TOWN STOREFRONT Total customers served 185 Sets of fingerprints taken 68 Police reports filed 17 Citations signed off 24 Car Seat Inspections 0 Total receipts $4,735.00 SPECIAL TEAMS (POP / SET) On sight felony arrests 9 On sight misdemeanor arrests 13 Felony arrest warrants served 5 Misdemeanor arrest warrants served 9 Follow-up investigations 20 Parole/Probation Searches 7/20 Pedestrian Checks 71 Traffic Stops/Vehicle Checks 22 Crime Free Housing Checks 18 TRAFFIC Citations issued for hazardous violations 976 Grant funded D.U.I. / Traffic safety checkpoints 1 Grant funded traffic click it or ticket 0 D.U.I. Arrests 29 Non -hazardous citations 490 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 53 Neighborhood Enforcement Team (N.E.T.) citations 50 Parking citations 181 School Zone 107 Seatbelts 41 Cell Phone Cites 175 Injury collisions 20 INVESTIGATIONS Beginning Caseload 131 Total Cases Assigned 55 Total Cases Closed 60 Search Warrants Served 5 Arrests 3 PROMENADE MALL TEAM Calls for service 627 Felony arrest/filings 13 Misdemeanor arrest/filings 24 Traffic Citations 65 Fingerprints/Livescans 150 Total receipts $11,074.00 SCHOOL RESOURCE OFFICERS ** (Partial Session) Felony arrests 0 Misdemeanor arrests 4 Reports 10 Youth counseled 133 Meetings 72 Item No. 17 Approvals City Attorney Chief Financial Officer City Manager Po -r- 7410 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 25, 2012 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of August 2012. MEMORANDUM TO: Greg Butler, Director of Public Works FROM: Rodney Tidwell, Maintenance Superintendent DATE: September 7, 2012 SUBJECT: Monthly Activity Report - August, 2012 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of August, 2012: SIGNS A. Total signs replaced 46 B. Total signs installed 24 C. Total signs repaired 121 D. Banners Replaced 2 I1. TREES A. Total trees trimmed for sight distance and street sweeping concerns 78 III. ASPHALT REPAIRS A. Total square feet of A. C. repairs 6,192 B. Total Tons 90 IV. CATCH BASINS A. Total catch basins cleaned 76 B. Down Spouts 0 C. Under sidewalks 1 I 1 D. Bowls 14 V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement VI. GRAFFITI REMOVAL 30,150 A. Total locations 82 B. Total S.F. 3,260 VII. STENCILING A. 171 New and repainted legends B. 4,694 L.F. of new and repainted red curb and striping C. 0 Bull Nose D. 19 Thermal Plastic E. 84 RPMs Installed R:VNAINTAIMMOACTRPT Also, City Maintenance staff responded to 70 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 63 service order requests for the month of July 2012. The Maintenance Crew has also put in 73 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of August, 2012 was $304.00 compared to $ -0- for the month of July, 2012. Account No. 5402 $ 304.00 Account No. 5401 $ Account No. 999-5402 $ Electronic Copies: Amer Attar, Principal Engineer Mayra De La Torre, Senior Engineer Jerry Gonzalez, Associate Engineer Capital Improvements Land Development Traffic Division R VIAINIAINMOACTRPT W J N 7. En hi 0 9 W o 0 RODNEY TIDWELL Y w W O J M a� UON 01CCIc n o ow f -w> - z o W 2 Q QF LL aZ_ oa YEAR-TO-DATE 0 0 0 $0.00 O OO O EA O 0 O 0 ci EA 0 O O EA E LA O) O 00 n r- (0 to 0) co 7 to O (0 Lc) 0 (Mr) M Cr) (E7 0 M N M r t` 0 N r` d' O 0) CO 0) EA 1ST HALF TOTALS 0 0 0 $0.00 O O O O (A O .-- 0 O O M EA O O O 0 14) O (0 co r r ED O op 0) O M) O O O M M a) l() E[) Mop N M N O N V O 0) 0) 0) 0-- `EA EA CONTRACTORS JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER Asphalt Square Feet 0 0 Concrete Square Feet 0 0 Drainage Channels 0 0 TOTAL COSTS $0.00 $0.00 0 0 0 Signs Replaced 40 46 Signs Installed 53 24 Signs Repaired 35 121 Catch Basins Cleaned 288 201 Trees Trimmed 27 78 R.O.W. Weed Abatement 2,905 30,150 New & Repainted Legends 403 190 After Hours Call Outs 162 73 Service Order Requests 63 70 Graffiti Removal - Sq Ft 3,947 3,260 TOTAL COSTS $33,692.87 $46,200.17 R:IMAINTAINIMOACRTPUULY THRU DEC 1ST QUARTET: TOTAL COST FOR LAST FISCAL YEAR a) 0 CDEFT N v- 0 0 EFT EA $798.56 $35.504.00 $42,950.00 $2,269.01 $10,150.00 $5,357.17 O d' 0) In EA bA n O CO 10 a) CD CO CO ERM $32.222.19 t{ M 1.0 r .t- CNI lD EA $551,942.69 TOTAL COST FOR THIS FISCAL YEAR $24,255.99 $0.00 00 O O 0 0 to to OD to (0 N () EA 0 0 1- 03 O 0 ai 0 <D Cl.e} NCO /A EA 0r) 0 0 0 of CO M 0 Eei NR $7,800.00 $4,116.84 r0 n 0 v o 0 EA 0) a-- IA r) m of )a 10 IA o lD ri 0 M ac n CO ri N e- I - to v 0 ai 00 10 n Eft WORK WORK WORK COMPLETED COST FOR COMPLETED COST FOR AUG. COMPLETED COST FOR SCOPE OF WORK JULY '12 JULY '12 AUG. '12 '12 SEPT. '12 SEPT. '12 ASPHALT AC Square Footage: 1,975 $5,865.75 6,192 $18,390.24 Tons: 59 $0.00 $0.00 SIDEWALK CURB & GUTTER REPAIR Square Footage: 0 $0.00 0 $0.00 PCC Yards: 0 $0.00 0 $0.00 STRIPING LINEAR FEET: 0 $0.00 4,694 $328.58 IN-HOUSE PAINTING LEGENDS: 403 $3,224.00 190 $1,520.00 SIGNS REPLACED Material: 40 $2,000.00 46 $2,300.00 Labor: $1,055.60 $1,213.94 SIGNS INSTALLED Material: 53 $2,650.00 24 $1,200.00 Labor: $1,398.67 $633.36 SIGNS REPAIRED Material: 35 $1,750.00 121 $6,050.00 Labor: $923.65 $3,195.19 GRAFFITI Square Footage: 3,947 3,260 DRAINAGE CHANNELS CLEANED Basins: 288 $7,600.32 201 $5,304.39 Channels: 0 $0.00 0 $0.00 IN-HOUSE TREES TRIMMED: 27 $712.53 78 $1,847.30 SERVICE ORDER REQUESTS: 63 70 $41,983.00 AFTER HOURS CALL OUTS: 162 $6,413.58 73 $2,890.07 R.O.W. WEED ABATEMENT: 2,905 $98.77 30,150 $1,025.10 TOTALS $33,692.87 $45,896.17 R:IM A I N TA I MM OAC R PT\J U LY. A U G. S E P T. STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of August, 2012 DATE STREET/CHANNEL/BRIDGE DESCRIPTION TOTAL COST ACCOUNT OF WORK SIZE CONTRACTOR: WEST COAST ARBORISTS, INC. Date: 7/31/12 # 5402 CITYWIDE TREE & STUMP REMOVAL TOTAL COST $ 304.00 Date: TOTAL COST Datc: TOTAL COST Date: # TOTAL COST CONTRACTOR: Datc: TOTAL COST Datc: TOTAL COST CONTRACTOR: Datc: # TOTAL COST Datc: TOTAL COST TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 $304.00 R:'MAINTAIMMOACTRPT At Att O im Fro Clog r� A/ O r 00 0000000000000000 00000000 00 00000000000 00000 000 00 000 0000000000 000 00 000 00000000 r0)to. 0M rMh t()C) 1- cot-. MW) rat. Lt)Mr O)h Lome - Writ Id' %tt'IMO, OINNNNNrr rrr w 0 9 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT al 01 0 0 w C.) TOTAL CALLS - b 7 ti b 7 N ONO H H c `c a 5 W d D A r A m �7 2bA *CLo 4..t 0 0-: C' 2 Vi 0 4 A cis en N C fsi el -N 00 Os p 0 00 ON O\ M V� N E7 .-1 - d' N ,-1 en en O O W te o cu c >. A V� a sCI .. .. a a >, of a o 8 W " " 2 2 ¢0 . O 0 A CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report August/September 2012 Prepared by: Amer Attar Submitted by: Greg Butler Date: 9/25/2012 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. All mainline utilities were established by the end of May 2012. Landscaping, site work and interior improvements are ongoing. Old Town Civic Center This project constructed the Old Town Civic Center. Dedication ceremony was held on 12/9/10 and the City started operations from the new structure on 12/20/2010. Resolution of punchlist and added work items are complete. Closure of the project is being delayed by business concerns of the general contractor. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' long ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This portion of the project is complete. The mitigation/monitoring portion of the project, which involves removal of invasive plant species from the creek channel, and a subsequent two-year monitoring period, is scheduled to begin the week of September 17th. French Valley Parkway / Interstate 15 Over -Crossing and Interchange Improvements - Phase I Project includes widening of southbound 1-15 from Warm Springs Creek to the Winchester Road off - ramp, widening of the Winchester Road off -ramp, construction of the new southbound off -ramp at French Valley Parkway, and construction of the westbound portion of French Valley Parkway from the off -ramp to Jefferson Avenue. Project is under construction JUN2012 - DEC2013. See project web page for construction updates: http://www. cityofte mecu Ia. o rg/Temecula/Govern ment/Publ icWo rks/French Va I ley. htm. Roripaugh Ranch Street Improvements - Phase I Phase 1 improvements involves construction of wet and dry utilities, sidewalks, medians and new roadway section on Butterfield Stage Road (BSR) from Murrieta Hot Springs Road (MHSR) to Calle Chapos, a portion of MHSR, Calle Chapos, South Loop Road. The project will also complete utilities feeds to the Fire Station and future amenities (e.g, traffic signals, park, ..etc.). Work is complete and the road will be opened on September 14, 2012. Ronald Reagan Sports Park Desilting Basin Environmental Mitigation 1 This project installed landscape and irrigation improvements on a 0.26 acre Habitat Creation Area and maintaining it for five years in accordance with a Habitat Mitigation and Monitoring Program. The work was completed on 01/20/11. The project is now in the 5 -year maintenance/monitoring program. Library Parking Expansion This project will add on -street parking adjacent to the Temecula Library and Fire Station #84 on Pauba Road. The contractor has completed all of the work. Citywide Concrete Repairs - FY2010-11 This project is an annual maintenance project. The project involves removing and replacing various damaged concrete facilities throughout the city. The contractor has completed all of the work. CITYWIDE SLURRY SEAL FY 2011-12 The Notice to Proceed was issued on June 4, 2012. There are 40 working days given to this project. Project was substantially complete as of mid August. Contractor is finishing up the punchlist items. The work will be done by the end of September. Pavement Rehabilitation Program - Margarita Road Project 2 This project will rehabilitate Margarita Road from Avenida Barca to Solana Way and will include rehabilitation of the Margarita Community Park parking lot. Construction is underway, roadway work in the vicinity of Moraga Rd and at the Margarita Community Park parking lot is complete. Phase I roadway work, involving closure and reconstruction of the #2 (outside) lane between Moraga Rd and Avenida Barca, began on 09/08/2012. Community Recreation Center (CRC) Energy Management Retrofit This project replaces the outdated HVAC systems at the Community Recreation Center with new energy efficient models and provides a new DDC Control System for the entire building. The work began on March 19, 2012 and is complete. The project was accepted by the City Council and a Notice of Completion was filed at the August 14, 2012 Meeting. Community Recreation Center Roof Replacement This project will replace the built up roofing at the Community Recreation Center. This work will be performed in conjunction with the Community Recreation Center (CRC) Energy Management and Retrofit Project No. PW 11-05. The work began on March 19, 2012 and was completed on May 21, 2012. the project is scheduled to be accepted by the City Council at the October 9, 2012 meeting Pavement Rehabilitation Program - Ynez Road This project will rehabilitate Ynez Road from Winchester Road to Solana Way. Authorization to bid was received from the City Council on 2/14/2012. Project was awarded to All American Asphalt at the 06/26/12 City Council Meeting. Contractor has begun rehabilitating intersections. CITYWIDE CONCRETE REPAIRS FY 2011-12 2 This project consists of removing and replacing various concrete improvements including, but not limited to, curb & gutter, sidewalk, drive approaches, under sidewalk drains, cross gutters, ADA ramps, and spandrels throughout the City. The project is currently in its 4th week of work. A CCO is currently being prepared for additional work and work days. Traffic Safety and Bridge Light Retrofit The Traffic Safety and Bridge Light Retrofit Project will replace lower efficiency high pressure sodium lighting technology with more energy efficient induction lighting technology at 240 traffic intersections and atop bridges within the City of Temecula. Republic ITS started replacing the receptacles on August 13th. Project is scheduled to be completed by the last week of September. French Valley Parkway Environmental Mitigation This project will implement the riparian mitigation requirement of the HM MP that was developed for the French Valley Parkway Interchange project. Work involves creation of a 2.73 acre riparian site through planting native plant species and removing non-native & invasive plant species. This site will be monitored and maintained for approximately 5 years. Construction is expected to begin on September 17, 2012 and last for 1 month. 3 PROJECTS IN DESIGN Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of a mitigation site for the Wolf Valley Creek Channel Improvements - Stage I. Site visits for a new proposed location was conducted with the Department of Fish&Game (DFG) and Regional Water Board. City has hired a consultant to map the new proposed area and forwarded the conceptual mitigation approach to the environmental agencies for approval. Consultants are developing a HMMP and Plans/Specs involving 3.4 acres of riparian habitat. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. The environmental consultant is scheduled to submit the 2nd version of the reports the last week of September. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Approval of the Request for Authorization (RFA) to construct was received from Caltrans 8/21/12. Authorization to bid was received from the City Council at the 09/11/2012 meeting. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Review of the 100% Plans and Specs is on-going. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. Consultant is finalizing the design plans. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi -Purpose Trail at Diaz Road. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/09. The consultant is working on 90% plans, specifications and estimate. 1-15 / SR -79S Ultimate Interchange Caltrans review of 95% PS&E (4th Submittal) is complete. Comments are being evaluated. Acquisition process initiated in May 2012 and is progressing. Pavement Rehabilitation Program 4 These rehabilitation projects will rehabilitate portions of Winchester, Rancho California, Ynez, Margarita and Rancho Vista Roads. City is currently in plan check review with Caltrans to obtain an Encroachment Permit for Rancho California Road and Winchester Road. French Valley Parkway / Interstate -15 OverCrossing and Interchange Improvements - Phase II Preparation of 30% roadway plans is under way for submittal in September 2012. Inclusive Play Structure This project will install play structure for youth and special needs kids upon completion of a inclusive needs study at Margarita Community Park and Kent Hintergardt Memorial Park. These sites were chosen by the Park and Recreation Subcommittee. The consultant is preparing a draft conceptual plan for the subcommittee. Tennis Court Lighting - Great Oak High School This project will Install lights around the tennis courts at Great Oaks High School. RBF was hired to provide the construction plans and specifications for the lighting installation. Old Town Temecula Community Theater Remediation The City Council approved an agreement with Myer and Associates at its June 12, 2012 meeting. The investigation is ongoing. Temecula Community Center Renovation The City Council approved a design agreement with Williams Architects at the 05/08/2012 meeting. The Conceptual design was presented to staff on August 16, 2012. a design was selected and Williams is proceeding with full working drawings. CITYWIDE PAVEMENT REHABILITATION PROGRAM This project will rehabilitate portions of Margarita Road, Ynez Road, Temecula Parkway, Overland Drive and Old Town Front Street. An agreement with the design consultant is scheduled for approval at the September 25, 2012 City Council Meeting. 5