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Home My WebLink About021197 CC Agendain 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 (909) 694-6444. Notification 48 hours pdor to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE FEBRUARY 11, 1997- 7:00 PM 5:30 PM - Closed Session of the City Council pursuant to Government Code Sections: 1. 364966.8, Conference with Real Property Negotiator: Property: City Property at Santiago. and Ynez (APN 922-140-010); Under consideration will be valuation of ~e property. 2. ~54956.9(c), Conference with Legal Counsel - AnUcipated Litigation, one matter. 3. ~54966.9(c), Conference with Legal Counsel - Existing Litigation, City of Temecula v. Gabriel at al. At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM 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 PM. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: PUBLIC COMMENTS Next in Order: Ordinance: No. 97-03 Resolution: No. 97-12 Mayor Patricia H. Birdsall presiding Katie Rubke Pastor W. M. Rench, Calvary Baptist Church of Temecula Councilmember Stone Ford, Lindemans, Roberts, Stone, Birdsall A total of 30 minutes is provided so members of the public can address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. VVhen you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote, There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance Adol~tjon Procedure RECOMMENDATION: 1,1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda, 2 Resolution Appmving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO, 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 City Treasurer=s Report as of December 31,1996 R:~Agenda',021197 2 4 5 6 RECOMMENDATION: 3.1 Receive and file the City Treasurer=s Report as of December 31, 1996. Property Insurance Renewal RECOMMENDATION: 4,1 Approve the City of Temecula Property Insurance Policy renewal with Reliance Insurance Company and Pacific Insurance Company, Ltd./Agdcultural Insurance for the period of February 26, 1997 through February 26, 1998 in the amount of $73,376; 4.2 Appropriate $15,000 from the Insurance Intemal Service Fund Retained Eamings to the Property Insurance Account. Records Destruction Approval RECOMMENDATION: 5.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. Authorize Reduction in Bond Amounts for Trad No. 23304 RECOMMENDATION: 6.1 Accept the improvements completed pumuant to the Subdivision Agreement for Tract Map 23304. 6.2 Authorize the reduction of the Faithful Performance Bond to $26,575, and reduction of the Labor and Materials Bond to $25,000. 6.3 Authorize the City Manager to execute a Subdivision Improvement Agreement requiring the completion of the remaining required improvements (trees and streetlights), to be secured by the reduced bonds, and to take all other actions necessary to implement this approval Approval of Cooperative AGreement with the Temecula Redevelopment AGency for Construction and Fundine of Winchester Road at Interstate 15, Bddqe Widenin~l and Nodhbound Ramp Improvements (Proled No. PW 94-21 RECOMMENDATION: 7.1 Approve an Agreement entitled ACooperative Agreement between the City of Temecula and the R:~genda',O21197 3 7.2 Redevelopment Agency of the City of Temecula for construction and funding of Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21 )~; Authorize the Mayor to execute the Agreement on behalf of the City in substantially the form attached to the Agenda Report, 8 Authorize Temporary Street Closure for Construction Purposes (De Portola Road from Meadows Parkway to Butterfield Staqe Road) 9 RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR CONSTRUCTION PURPOSES ON DE PORTOLA ROAD FROM BUTtERFIELD STAGE ROAD TO MEADOWS PARKWAY, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC CONSTRUCTION CLOSURES Muftieta Creek Channel Riqht-Of-Way Transfer Cooperative AGreement RECOMMENDATION: 9.1 Approve the agreement between the City of Temecula (City), Riverside County Flood Control and Water Conservation District (District) and Jan E. and Deborah Weilert (Property Owner) which provides for the transfer of the Distdct fee title to cedain rights-of-way along Murrieta Creek, at such unknown time in the future when the property is needed for the construction, inspedion, operation and maintenance of Muftieta Creek Channel. 9.2 Authodze the Mayor to execute said agreement. 10 Completion and Acceptance of the interim Traffic Siqnal at State Route 79 South and La Paz Street, Proiect No. PW95-13 RECOMMENDATION: 10.1 Accept the interim traffic signal at State Route 79 South and La Paz Street, Project No. PW95-13. 10.2 File the Notice of Completion, release the Performance Bond, and accept a one (I) year Maintenance Bond in the amount of 10% of the centred; 10.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. R:~Agenda~O21197 4 11 t2 Completion and Acceptance of the Inter m Traffic S ¢~nal at State Route 79 South and Pata Road. Project No. PW95- ~ 14 RECOMMENDATION: 11 .I Accept the interim traffic signal at State Route 79 South and Pala Road, Project No. PW95-14. 11.2 File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 11,3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion ff no liens have been filed. Completion and Acceptance of the Construction of FY96-97 Citywide A.C. Repairs, Proiect No. PW96-10 RECOMMENDATION: 12.1 Accept the construction of FY96-97 Citywide A.C. Repairs, Project No. PW96-10; 12.2 File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 12.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. 13 All-Way AStop~ - Via Norte at Oel Bey Road and All-Way AStop~ - Via Norte at Calle Pina Colada RECOMMENDAT{ON: 13. I Adopt a resolution entitled: RESOLUTIONNO. 97~ A RESOLUTION OF THE CITY COUNCIL OF THE CrrY OF TEMECULA ESTABLISHING ALL-WAY ASTO P~ SIGN LOCATIONS ON VIA NORTE AT DEL REY ROAD AND ON VIA NORTE AT CALLE PINA COLADA 14 Award of Professional Services Contract to Albert A. Webb Associates for the Desion of the FY96-97 Pavement ManaGement Project, Project No. PW96-15 15 16 RECOMMENDATION: 14.1 Approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Albert A. Webb Associates to provide Engineering SeW~ces for the design of the FY96-97 Pavement Management Project- Project No. PW96-15 for an amount not to exceed $45,125.00. Award of Professional Services Contract to Berryman & Heniqar for the Services of the Pavement Mana~lement System Up-date, Pro)ect No. PW96-13 RECOMMENDATION: 15.1 Approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Berryman & Henigar to provide Services for the Pavement Management System Up-date - Project No. PW96-13 for an amount not to exceed $30,460.00, Acquisition of Gabriel Property (APN 922-010-018) - Proposed Resolution to Amend Resolution No. 96-143 RECOMMENDATION: 16.1 Adopt a resolution entitled: 16.2 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION NO. 96-143 (ACQUISITION OF CERTAIN REAL PROPERTY KNOWN AS THE GABRIEL PROPERTY - APN 922-010-0t8 FOR PUBLIC PURPOSES) to add citation of an additional enabling statute, California Code of Civil Procedure Section 1240.410. Direct the City Attorney to amend the Complaint in Eminent Domain in accordance with said resolution amending Resolution 96-143. 17 First Street RealiQnment and Extension Project RECOMMENDATION: 17.1 Adopt a resolution entffied: RESOLUTION NO, 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THOSE CERTAIN AGREEMENTS ENTITLED APURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS~: FOR ACQUISITION OF CERTAIN REAL PROPERTY (1) APPROXIMATELY +1- '1,064 SOUARE FEET OF t7.2 A LARGER PARCEL LOCATED ON THE EAST SIDE OF FRONT STREET SOUTH OF SANTIAGO ROAD, TEMECULA, CALIFORNIA WITHIN ASSESSOR=S PARCEL 922-09'1-003-4; AND (2) A TEMPORARY CONSTRUCTION EASEMENT OF APPROXIMATELY +/- 4,570 SQUARE FEET WITHIN A LARGER PARCEL LOCATED AT THE SOUTHEAST CORNER OF SANTIAGO AND FRONT STREETS, TEMECULA, CALIFORNIA WITHIN ASSESSOR=S PARCEL 922-091-0034 Authorize the appropriation of $12,321 from the General Fund to the Capital Improvement Fund to cover acquisition, escrow, soil testing, and closing costs for this portion of the First Street Realignment and Extension Project. 17.3 Authorize the Mayor to sign the Purebase and Sale Agreements and Escrow Instructions. SECOND READING OF ORDINANCES 18 Second Readin~ of Ordinance No. 97-01 RECOMMENDATION: 1 B. 1 Adopt an ordinance entitled: ORDINANCE NO. 97~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0106 (ZONING AMENDMENT, SPECIFIC PLAN NO. 219)AMENDING PLANNING AREAS 1, 2, 6, 9, 14, 27, 28, 29, 36 AND 37 OF THE PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE AND ADDING PLANNING AREA 38 TO THE PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE, ON PROPERrY GENERALLY LOCATED NORTH OF SR79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA ROAD AND WEST OF BU'R'ERFIELD STAGE ROAD AND KNOWN AS ASSESSOR=S PARCEL NUMBERS 950-020-001 THROUGH 950-020-004, 950-020-009 THROUGH 950-020-025, 950-020-027, 950-020-029, 955.030-002 THROUGH 955030.004 AND 955.030-006 THROUGH 955-030-0'11 19 Second Reading of Ordinance No. 97-02 RECOMMENDATION: 19.1 Adopt an ordinance entitled: ORDINANCE NO. 97- AN OROINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING, TEMECULA REDEVELOPMENT MEETING, OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY MEETING AND THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY MEETING CALL TO ORDER: ROLL CALL: DIRECTORS: PUBLIC COMMENT: President Jeffrey E. Stone Birdsall, Ford, Lindemans, Roberts, Stone Next in Order: Ordinance: No. CSD 97-01 Resolution: No. CSD 97-01 A total of 15 minutes is provided so members of the public can address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. ff you desire to speak to the Board of Directore on an item ~ listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Board of Directore gets to that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 20 Minutes RECOMMENDATION: 20.1 Approve the minutes of January 28, 1997. DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson GENERAL MANAGERS REPORT - Bradley BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: February 25, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R~,gsncla\021197 9 CALL 1'0 ORDER: Cha(rperson Steven J. Ford presiding Next in Order: Ordinance: No. RDA gT-01 Resolution: No. RDA 97-01 ROLL CALL: AGENCY MEMBERS: Birdsall, Lindemans, Roberts, Stone, Ford PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are fimited to two (2) minutes each. if you desire to speak to the Agency on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and fi(ed with the City Clerk. When you are called to speak, please come fortNard and state your name forthe record. For all other agenda items a "Request to Speak" form must be flied with the City Clerk before the Agency gets to that item. There is a ~ (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes 2 RECOMMENDATION: 1.1 Approve the minutes of January 28, 1997. Update on Old Town Street scape Improvement Project RECOMMENDATION: 2.1 Receive and file report. 3 Approvai of Cooperative AGreement with the Temecula Redevelopment Aaency for Construction and Fundinq of Winchester Road at interstate 15, Bddqe Wideninf:l and Northbound Ramp Improvements (Proied No. PW94-2f) RECOMMENDATION: 3,1 Approve an agreement entitled ACooperative Agreement between the City of Temecula and the Redevelopmerit Agency of the City of Temecula for construction and funding of Winchester Road at Interstate 15, Bridge Widening and Nodhbound Ramp Improvements (Project No. PW94-21 3.2 Authorize the Chairperson to execute the Agreement on behalf of the City in substantiafiy the form attached to the Agenda Repod; 3.3 Authorize the expenditure of $2,320,469 (with a cap of $3,938,727) by the Redevelopment Agency for the Agency=s share of costs to date of the Winchester Road at Interstate 15, Bddge Widening and Nodhbound Ramp Improvements Project (Project No. PW94-21), as well as authorize the expenditure for future project costs incurred as approved by the City or Agency. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT Next regular meeting: February 25, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, Califomia. OLD TOWN WESTSIDE COMMUNITY FACILITES DISTRICT FINANCING AUTHORITY CALL TO ORDER: ROLL CALL: PUBLIC COMMENTS Chairman Karel F. Lindemans Birdsall, Ford, Roberrs, Stone, Lindemans Next in Order: Resolution No.: No. FA 97-01 A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item no_j listed on the agenda a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address, CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 ApprovetheminutesofJanuary28,1997. ADJOURNMENT Next regular meeting: California. February 25, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Ddve, Temecula, OLD TOWN WESTSIDE IMPROVEMENT AUTHORITY CALL TO ORDER: ROLL CALL: PUBLIC COMMENTS Chairperson Karel F. Lindemans Birdsall, Ford, Roberrs, Stone, Lindemans Next in Order: Resolution No.: No. IA 97-01 A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the agenda a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 ApprovetheminutesofJanuary28,1997. ADJOURNMENT Next regular meeting: California. February 25, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 21 22 Budqet Line Item for the Arts RECOMMENDATION: 21.1 Provide direction to staff concerning a budget line item for the Arts. Oral Report by Councilmember Roberrs on Joint Workshop of the Temecula City Council and the PechanQa Tribal Council, held on February 5, 1997 CITY MANAGER'S REPORT CITY A'ITORNEY'S REPORT ADJOURNMENT Next regular meeting: February 25, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, Califomia. ITEI\4 I ITEI\4 2 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHI]BIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DET'ERMINIE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $2,286,619.13 Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 1 lth day of Febrary, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC, City Clerk [SEAL] Resos 126 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 1 1 th day of February, 1997 by the following roll call vote: AYES:COUNCILMEMBERS: NOES:COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Greek, CMC, City Clerk Resos 126 2 CITY OF TEMECULA LIST OF DEMANDS 01/23/97 TOTAL CHECK RUN7 $ 1,161,987.82 01/30/97 TOTAL CHECK RUN: 527,849.75 02/11/97 TOTAL CHECK RUN: 462,374.57 01/23/97 TOTAL PAYROLL RUN: 134,406.99 TOTAL LIST OF DEMANDS FOR 02111197 COUNCIL MEETING: $ 2,286,619.13_ DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL $860,136.55 120 DEVELOPMENT IMPACT FUND 5,662.00 165 RDA-LOW/MOD 17,145.60 190 COMMUNITY SERVICES DISTRICT 97,586.79 191 TCSD SERVICE LEVEL A 1,582.76 192 TCSD SERVICE LEVEL B 60.98 193 TCSD SERVICE LEVEL C 22,159.49 194 TCSD SERVICE LEVEL D 423.15 195 TCSD SERVICE LEVEL R 4,197.00 210 CAPITAL IMPROVEMENT PROJ (CIP) 81,063.81 280 RDA-CIP 38,535.31 300 INSURANCE 19,270.08 320 INFORMATIONS SYSTEMS 32,255.21 330 SUPPORT SERVICES 1,437.70 340 FACILITIES 6,323.96 380 RDA DEBT SERVICE 964,371.75 2,152,212.14 PAYROLL: 001 GENERAL $95,683.27 165 RDA-LOW/MOD 1,224.70 190 TCSD 24,606@19 191 TCSD SERVICE LEVEL A 70.34 192 TCSD SERVICE LEVEL B 175.95 193 TCSD SERVICE LEVEL C 3,150.38 194 TCSD SERVICE LEVEL D 1,053.20 280 RDA-CIP 2,518.60 300 INSURANCE 602.78 320 INFORMATION SYSTEMS 1,429.93 330 SUPPORT SERVICES 822.21 340 FACILITIES 3,069.44 134,406.99- TOTAL BY FUND: $ 2,286,619.13 PREPARED BY THERESA ALVARE COUNTING SPECIALIST TIM K. MCDERMOTT. ASSISTANT FINANCE DIRECTOR HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. RONALD E. BRADLEY, CITY MANAGER VOUCHRE2 CITY OF TEMECULA PAGE 8 01/23/97 14:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 87,240.31 165 RDA DEV- LOW/MOD SET ASIDE 426.71 190 COMMUNITY SERVICES DISTRICT 22,247.79 191 TCSD SERVICE LEVEL A 24.00 192 TCSD SERVICE LEVEL B 60.98 193 TCSD SERVICE LEVEL C 1,131.71 194 TCSD SERVICE LEVEL D 423.15 210 CAPITAL IMPROVEMENT PROJ FUND 66,847.09 280 REDEVELOPMENT AGENCY - CIP 1,635.68 300 INSURANCE FUND 1,087.64 320 INFORMATION SYSTEMS 15,247.29 330 SUPPORT SERVICES 272.77 340 FACILITIES 970.95 380 RDA - DEBT SERVICE 964,371.75 TOTAL 1,161,987.82 VOUCHRE2 CITY OF TEMECULA PAGE 1 01/23/97 14:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 41487 01/21/97 002377 BEST BUY COMPANY, INC. CONVERTOR P C TO T V 320-199-999-5221 129.29 129.29 613752 01/23/97 000444 INSTATAX (EDD) 4 QTR 96 Ul & ETT TAX 001-2350 1,216.74 613752 01/23/97 000444 INSTATAX (EDD) 4 QTR 96 Ul & ETT TAX 190-2350 1,851.16 613752 01123197 000444 INSTATAX (EDD) 4 QTR 96 Ul & ETT TAX 193-2350 101.50 613752 01/23/97 000444 INSTATAX (EDD) 4 QTR 96 Ul & ETT TAX 340-2350 72.34 3,241.74 682500 01/23197 000444 INSTATAX (EDD) 000444 SDI 001-2070 48.05 682500 01/23/97 000444 INSTATAX (EDD) 000444 SDI 165-2070 2.27 682500 01/23197 000444 INSTATAX (EDD) 000444 SDI 190-2070 38.53 682500 01/23197 000444 INSTATAX (EDD) 000444 SDI 193-2070 3.82 682500 01/23197 000444 INSTATAX (EDD) 000444 SDI 280-2070 2.28 682500 01/23/97 000444 INSTATAX (EDD) 000444 SDI 340-2070 3.62 682500 01/23/97 000444 INSTATAX (EDD) 000444 STATE 001-2070 3,715.59 682500 01/23/97 000444 INSTATAX (EDD) 000444 STATE 165-2070 49.88 682500 01/23/97 000444 INSTATAX (EDD) 000444 STATE 190-2070 765.37 682500 01/23/97 000444 INSTATAX (EDD) 000444 STATE 191-2070 1.63 682500 01/23/97 000444 INSTATAX (EDD) 000444 STATE 192-2070 3.80 682500 01/23197 000444 INSTATAX (EDD) 000444 STATE 193-2070 71.17 682500 01123/97 000444 INSTATAX (EDD) 000444 STATE 194-2070 28.78 682500 01/23/97 000444 INSTATAX (EDD) 000444 STATE 280-2070 106.17 682500 01/23/97 000444 INSTATAX (EDD) 000444 STATE 300-2070 41.63 682500 01/23/97 000444 INSTATAX (EDD) 000444 STATE 320-2070 103.63 682500 01/23197 000444 INSTATAX (EDD) 000444 STATE 330-2070 21.80 682500 01/23/97 000444 INSTATAX (EDD) 000444 STATE 340-2070 26.21 5,034.23 688561 01/23197 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 14,157.66 688561 01/23/97 000283 INSTATAX (IRS) 000283 FEDERAL 165-2070 128.88 688561 01/23/97 000283 INSTATAX (IRS) 000283 FEDERAL 190-2070 3,312.86 688561 01/23/97 000283 INSTATAX (IRS) 000283 FEDERAL 191-2070 8.92 688561 01/23/97 000283 INSTATAX (IRS) 000283 FEDERAL 192-2070 22.15 688561 01123/97 000283 INSTATAX (IRS) 000283 FEDERAL 193-2070 371.66 688561 01/23/97 000283 INSTATAX (IRS) 000283 FEDERAL 194-2070 158.87 688561 01/23/97 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070 320.20 688561 01/23/97 000283 INSTATAX (IRS) 000283 FEDERAL 300-2070 136.59 688561 01/23/97 000283 INSTATAX (IRS) 000283 FEDERAL 320-2070 415.63 688561 01/23/97 000283 INSTATAX (IRS) 000283 FEDERAL 330-2070 97.43 688561 01/23/97 000283 INSTATAX (IRS) 000283 FEDERAL 340-2070 209.69 688561 01/23/97 000283 INSTATAX (IRS) 000283 MEDICARE 001-2070 3,615.33 688561 01/23/97 000283 INSTATAX (IRS) 000283 MEDICARE 165-2070 42.30 688561 01123/97 000283 INSTATAX (IRS) 000283 MEDICARE 190-2070 894.29 688561 01/23/97 000283 INSTATAX (IRS) 000283 MEDICARE 191-2070 2.38 688561 01/23/97 000283 INSTATAX (IRS) 000283 MEDICARE 192-2070 5.98 688561 01/23/97 000283 INSTATAX (IRS) 000283 MEDICARE 193-2070 107.56 688561 01/23/97 000283 INSTATAX (IRS) 000283 MEDICARE 194-2070 37.30 688561 01/23/97 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070 87.68 688561 01/23/97 000283 INSTATAX (IRS) 000283 MEDICARE 300-2070 24.67 688561 01/23/97 000283 INSTATAX (IRS) 000283 MEDICARE 320-2070 66.56 688561 01/23/97 000283 INSTATAX (IRS) 000283 MEDICARE 330-2070 27.70 688561 01/23/97 000283 INSTATAX (IRS) 000283 MEDICARE 340-2070 101.49 24,353.78 VOUCHRE2 CITY OF TEMECULA PAGE 2 01/23/97 14:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 970124 01/24/97 002265 FIRST TRUST OF CALIFORN RDA BONDS DEBT SERVICE 380-1040 964,371.75 964,371.75 41490 01/23/97 000724 A & R CUSTOM SCREEN PRI SOFTBALL PROGRAM AWARDS 190-183-999-5380 656.86 41490 01/23/97 000724 A & R CUSTOM SCREEN PRI SB AWARDS/TURKEY TROT TOURNEY 190-183-999-5380 89.99 41490 01/23/97 000724 A & R CUSTOM SCREEN PRI SOFTBALL PROGRAM AWARDS 190-183-999-5380 996.69 41490 01/23/97 000724 A & R CUSTOM SCREEN PRI SOFTBALL PROGRAM AWARDS 190-183-999-5380 940.44 2,683.98 41491 01/23/97 002485 ALMOST ANYTHING PROF. 0 TEMP HELP WIE 1117 D.ALBERT 001-140-999-5118 154.00 154.00 41492 01/23/97 001314 AMERICAN PLANNING ASSN. SEM:G.THORNHILL,M.SLAVEN,T.MIL 001-161-999-5272 100.00 41492 01/23/97 001314 AMERICAN PLANNING ASSN. SEM:G.THORNHILL,M.SLAVEN,T.MIL 001-161-999-5261 50.00 150.00 41493 01/23/97 000936 AMERICAN RED CROSS SUPPLIES FOR SWIM LESSONS 190-183-999-5310 200.00 200.00 41494 01/23/97 000101 APPLE ONE, INC. TEMP HELP W/E 12/14 J.BARNETT 001-150-999-5118 144.48 41494 01/23/97 000101 APPLE ONE, INC. TEMP HELP W/E 12/14 S.WILLIAMS 001-162-999-5118 361.20 41494 01/23/97 000101 APPLE ONE, INC. TEMP HELP WIE 12/7 J.YONKER 001-140-999-5118 909.45 1,415.13 41495 01/23/97 002648 AUTOMOBILE CLUB OF "NEW LAWS 199711 VIDEO 001-170-999-5261 5.00 5.00 41496 01/23/97 002103 C A P I 0 1997 MEMBERSHIP:G.YATES 001-150-999-5226 125.00 125.00 41497 01/23/97 000154 C S M F 0 SEM:S.OAKLEY:2123-25/97 001-140-999-5258 180.00 180.00 41498 01/23/97 002650 CALIFORNIA CONTRACTORS 2 DOZ - SAFETY GLASSES - PW 001-164-601-5218 261.60 41498 01/23/97 002650 CALIFORNIA CONTRACTORS TAX 001-164-601-5218 21.58 283.18 41499 01/23/97 000790 CALIFORNIA DEPT OF PEST LIC.RENEWAL FOR B.HARTLEY 190-180-999-5226 160.00 160.00 41500 01123/97 000387 CAREER TRACK SEMINARS M SEM:C.BROCKMEIER:12/17/96 001-162-999-5261 69.00 41500 01123/97 000387 CAREER TRACK SEMINARS M SEM:R.PEREA:12/17:GRAMMAR GAME 001-120-999-5261 69.00 41500 01/23197 000387 CAREER TRACK SEMINARS M SEM:R.HRUSKA:12117:GRAMMAR GAM 001-164-604-5261 69.00 207.00 41501 01/23/97 000131 CARL WARREN & CO., INC. HEMME, ROBERT 7-24-95 300-199-999-5205 757.65 757.65 41502 01/23/97 000135 CENTRAL CITIES SIGN SER HARDWARE FOR SIGNS 001-164-601-5244 1,136.50 41502 01/23/97 000135 CENTRAL CITIES SIGN SER TAX 001-164-601-5244 88.08 41502 01123/97 000135 CENTRAL CITIES SIGN SER SIGNS FOR PW 001-164-601-5244 52.80 41502 01/23/97 000135 CENTRAL CITIES SIGN SER TAX 001-164-601-5244 4.09 1,281.47 41503 01/23/97 000136 CHESHERS' CUSTOM EMBROI CITY OF TEMECULA JACKET 001-162-999-5243 70.00 41503 01/23/97 000136 CHESHERS' CUSTOM EMBROI TAX 001-162-999-5243 5.43 75.43 41504 01/23/97 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 190-180-999-5262 100.79 41504 01/23/97 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 001-161-999-5262 14.60 41504 01/23/97 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 001-165-999-5263 14.05 129.44 41505 01/23/97 001275 COMPUSERVE, INC. COMPUSERVE INFORMATION SERVICE 320-199-999-5228 9.95 9.95 41506 01/23/97 000442 COMPUTER ALERT SYSTEMS PURCHASE EXISTING ALARM - TCC 210-190-151-5804 11052.00 41506 01/23/97 000442 COMPUTER ALERT SYSTEMS OCT-DEC/ALARM MONITORING/TCC 190-184-999-5250 210.00 VOUCHRE2 CITY OF TEMECULA PAGE 3 01/23/97 14:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 41506 01/23/97 000442 COMPUTER ALERT SYSTEMS JAN-MAR/ALARM MONITORING/TCC 190-184-999-5250 210.00 1,472.00 41507 01/23/97 002106 DA FAMILY SUPPORT 002106 SUPPORT 190-2140 100.00 100.00 41508 01123197 000979 DEL RIO ENTERPRISE MAINT./SPORTS PARK HOCKEY RINK 210-190-137-5802 550.00 550.00 41509 01/23/97 001669 DUNN EDWARDS CORPORATIO PAINT/SUPPLIES-GRAFFITI REMOVA 001-164-601-5218 24.57 24.57 41510 01/23/97 001945 E A MENDOZA CONTRACTING RELEASE OF RETENTION 210-2035 60,000.00 60,000.00 41511 01/23/97 002390 EASTERN MUNICIPAL WATER DEC LDSC WATER SRVC-DIEGO 193-180-999-5240 9.30 9.30 41512 01/23/97 002060 EUROPEAN DELI & CATERIN REFRESHMENTS FOR COUNCIL MTGS 001-100-999-5260 125.63 125.63 41513 01/23/97 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-162-999-5230 63.45 63.45 41514 01/23/97 000643 FORTNER HARDWARE, INC. MISC. SUPPLIES FOR ST MAINT-PW 001-164-601-5218 5.83 5.83 41515 01123/97 000170 FRANKLIN QUEST COMPANY, MONTICELLO RENEWAL 001-140-999-5220 26.00 41515 01123/97 000170 FRANKLIN QUEST COMPANY, TAX 001-140-999-5220 2.14 28.14 41516 01/23/97 000184 G T E CALIFORNIA - PAYM 909 506-1941:PTA CD TTACSD 320-199-999-5208 54.85 41516 01/23/97 000184 G T E CALIFORNIA - PAYM 909 676-0783:GENERAL USAGE 320-199-999-5208 59.70 41516 01/23/97 000184 G T E CALIFORNIA - PAYM 909 699-2811:GENERAL USAGE 320-199-999-5208 860.46 41516 01/23/97 000184 G T E CALIFORNIA - PAYM 909 699-8632:GENERAL USAGE 320-199-999-5208 28.23 1,003.24 41517 01/23/97 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES - CITY CLERK 001-120-999-5220 41.97 41517 01/23/97 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES 001-150-999-5220 66.35 41517 01/23/97 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES / FINANCE DEPT 001-140-999-5220 181.02 41517 01/23/97 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES FOR CITY MGR 001-110-999-5220 30.92 41517 01/23/97 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES/PLANNING 001-161-999-5220 205.13 41517 01/23/97 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES/B&S 001-162-999-5220 21.40 41517 01123/97 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES/B&S 001-162-999-5220 42.68 41517 01/23197 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES/PLANNING 001-161-999-5220 48.48 41517 01/23/97 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES I FINANCE DEPT 001-140-999-5220 39.53 41517 01/23/97 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES/PLANNING 001-161-999-5220 3.64 41517 01/23197 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 001-110-999-5220 61.69 41517 01/23/97 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES FINANCE DEPT 001-140-999-5220 10.78 41517 01/23/97 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES TCSD 190-180-999-5220 186.32 939.91 41518 01/23/97 000175 GOVERNMENT FINANCE OFFI SEM:T.MCDERMOTT:6/1-4/97 001-140-999-5258 275.00 275.00 41519 01/23/97 001609 GREATER ALARM COMPANY, FEB/ALARM MONITORING/STORAGE 340-199-701-5250 35.00 41519 01/23/97 001609 GREATER ALARM COMPANY, ORT ALARM MONITORING:MAINT YRD 001-162-999-5250 7.50 41519 01/23/97 001609 GREATER ALARM COMPANY, QRT ALARM MONITORING:MAINT YRD 190-180-999-5250 30.00 41519 01/23/97 001609 GREATER ALARM COMPANY, QRT ALARM MONITORING:MAINT YRD 001-164-601-5250 37.50 110.00 41520 01/23/97 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 001-2080 1,961.52 41520 01/23/97 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 165-2080 12.50 41520 01/23/97 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 190-2080 420.03 41520 01/23/97 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 193-2080 9.64 VOUCHRE2 CITY OF TEMECULA PAGE 4 01/23197 14:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 41520 01/23/97 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 280-2080 12.50 2,416.19 41521 01123/97 001407 INTER VALLEY POOL SUPPL POOL SANITIZING CHEMICALS 190-182-999-5212 158.93 158.93 41522 01/23/97 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 001-2140 310.10 310.10 41523 01/23/97 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 1/5 J.EVANS 001-164-604-5118 45.06 41523 01/23/97 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 1/5 J.EVANS 001-163-999-5118 45.06 41523 01/23/97 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 1/5 J.EVANS 001-165-999-5118 45.08 135.20 41524 01/23/97 001534 LA MASTERS OF FINE TRAV AIR:LEAGUE CF:1/7-10:S.FORD 001-100-999-5258 36.00 36.00 41525 01/23/97 000482 LEIGHTON & ASSOCIATES, NOV PROF SRVCS:WINCHESTER/1-15 280-199-602-5804 672.20 672.20 41526 01123/97 000220 MAURICE PRINTERS, INC. REPRINTS-TEMECULA ONE BROCHURE 001-110-999-5223 223.00 41526 01/23/97 000220 MAURICE PRINTERS, INC. TAX 001-110-999-5223 17.28 240.28 41527 01/23197 002442 METZGER, ROBERT J. INFORMATION SYSTEMS CONSULTANT 320-199-999-5248 12,531.60 12,531.60 41528 01/23/97 001384 MINUTEMAN PRESS QTY 10,000 WINDOW ENVELOPES 001-140-999-5222 475.67 41528 01/23/97 001384 MINUTEMAN PRESS TAX 001-140-999-5222 36.86 41528 01/23/97 001384 MINUTEMAN PRESS QTY 1000 LETTERHEAD STATIONARY 190-180-999-5222 59.60 41528 01/23/97 001384 MINUTEMAN PRESS QTY 2000 LETTERHEAD ENVELOPES 190-180-999-5222 176.82 41528 01123/97 001384 MINUTEMAN PRESS TAX 190-180-999-5222 18.32 767.27 41529 01/23/97 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS 001-162-999-5214 363.81 363.81 41530 01/23/97 002406 PACIFIC BUSINESS INTERI CITY HALL WORKSTATION PANEL 210-199-650-5804 1,249.28 41530 01/23/97 002406 PACIFIC BUSINESS INTERI CITY HALL WORKSTATION PANEL 210-199-650-5804 3,178.63 41530 01/23/97 002406 PACIFIC BUSINESS INTERI CITY HALL WORKSTATION PANEL 210-199-650-5804 817.18 5,245.09 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 PER REDE 001-2130 185.15 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 15,350.69 41531 01123/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 153.81 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390 3,064.73 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390 11.02 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 192-2390 27.66 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 379.26 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194-2390 174.73 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2390 391.35 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390 108.68 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 320-2390 292.08 41531 01/23197 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 330-2390 124.91 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 340-2390 353.77 41531 01123/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 62.69 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 165-2390 .47 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 190-2390 13.58 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 191-2390 .05 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 192-2390 .14 41531 01123/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 193-2390 1.77 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 194-2390 .97 VOUCHRE2 CITY OF TEMECULA PAGE 5 01/23197 14:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 280-2390 1.48 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 300-2390 .46 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 320-2390 .93 41531 01123/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 330-2390 .93 41531 01/23/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 340-2390 2.09 20,703.40 41532 01/23/97 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 40.62 40.62 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5260 12.00 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5260 2.98 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5301 6.45 41533 01/23197 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5301 17.21 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5261 10.00 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5260 16.05 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-602-5242 2.14 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-604-5260 22.20 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-604-5220 25.86 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 35.21 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5380 3.87 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5220 8.88 41533 01/23197 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 14.55 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 20.54 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5261 45.20 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 19.97 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-184-999-5301 3.21 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5310 8.29 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 320-199-999-5221 5.38 41533 01123/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5301 11.72 41533 01123/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 11.57 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-181-999-5301 41.07 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-181-999-5301 23.55 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5260 45.00 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-184-999-5301 33.03 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-163-999-5222 4.31 41533 01/23/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-604-5222 4.31 454.55 41535 01/23/97 000580 PHOTO WORKS FILM PROCESSING FOR REC. DIV. 190-180-999-5301 71.12 41535 01/23/97 000580 PHOTO WORKS FILM PROCESSING FOR REC. DIV. 190-180-999-5301 28.02 41535 01/23/97 000580 PHOTO WORKS FILM & DEVELOPING-LAND DEVELOP 001-163-999-5250 17.99 117.13 41536 01/23/97 000254 PRESS-ENTERPRISE COMPAN PUBLIC NOTICES - PLANNING 001-161-999-5256 64.99 64.99 41537 01/23/97 002612 RADIO SHACK, INC. MISC. COMPUTER SUPPLIES 320-199-999-5221 19.68 19.68 41538 01/23197 000262 RANCHO CALIFORNIA WATER 01-02-98010-0:PARKVIEW FIRE ST 001-171-999-5240 48.93 41538 01/23/97 000262 RANCHO CALIFORNIA WATER 01-02-98000-0:PARKVIEW FIRE ST 001-171-999-5240 9.96 58.89 41539 01/23/97 RANCHO GLENOAKS HOMEOWN REFUND:SECURITY DEPOSIT 190-2900 100.00 100.00 41540 01/23/97 001500 REGIONAL TRAINING CENTE SUPERVISORS TRAINING/S.JONES 001-120-999-5261 425.00 425.00 VOUCHRE2 CITY OF TEMECULA PAGE 6 01/23/97 14:43 VOUCHERICHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 41541 01/23/97 002073 RESOURCE GROUP, THE CONDUCT CITIZEN OPINION SURVEY 001-110-999-5248 13,500.00 13,500.00 41542 01/23/97 001046 REXON, FREEDMAN, KLEPET DEC/96 PROF LEGAL SERVICES 001-130-999-5247 148.75 148.75 41543 01/23/97 000751 SKILLPATH, INC. SEMINAR:L.NORTON:3/3/97 001-140-999-5261 99.00 99.00 41544 01/23/97 002503 SOUTH COAST AIR QUALITY OPER. PERMIT-FIRE ST GENERATOR 001-171-999-5250 167.90 167.90 41545 01/23/97 000537 SOUTHERN CALIF EDISON 2-04-792-9005:COMM SRV UTL:JAN 190-180-999-5240 1,458.60 1,458.60 41546 01/23/97 001212 SOUTHERN CALIF GAS COMP 02172507754-SEN CENTER-DEC 190-181-999-5240 203.82 41546 01/23/97 001212 SOUTHERN CALIF GAS COMP 09102493005-CRC-DEC 190-182-999-5240 2,263.00 41546 01/23/97 001212 SOUTHERN CALIF GAS COMP 10152509500-COMM CENTER-DEC 190-184-999-5240 100.55 2,567.37 41547 01123/97 000375 SOUTHERN CALIF TELEPHON 909 202-4769:JS:DEC 001-100-999-5208 49.38 41547 01/23197 000375 SOUTHERN CALIF TELEPHON 909 202-4204:KL:DEC 001-100-999-5208 31.69 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 202-4763:PB:DEC 001-100-999-5208 40.02 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 202-4758:RR:DEC 001-100-999-5208 34.47 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 205-4070:MJM:DEC 001-110-999-5208 64.91 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 202-4770:RB:DEC 001-110-999-5208 34.50 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 202-4757:JG:DEC 001-120-999-5208 46.63 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 205-7826:GR:DEC 001-140-999-5208 99.46 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 202-5153:GY:DEC 001-150-999-5208 91.44 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 202-4759:TE:DEC 001-162-999-5208 40.62 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 202-4760:JH:DEC 001-163-999-5208 106.08 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 203-9994:BB:DEC 001-164-601-5208 50.49 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 202-4754:BB/PB:DEC 001-164-604-5208 71.85 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 205-8688:PW EOC:DEC 001-164-604-5208 122.78 41547 01/23197 000375 SOUTHERN CALIF TELEPHON 909 202-4765:PW MAINT:DEC 001-164-601-5208 68.99 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 202-4756:SM:DEC 001-164-604-5208 71.58 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 206-0992:BH:DEC 190-180-999-5208 49.59 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 202-4755:CITY VAN:DEC 190-180-999-5208 33.75 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 202-9876:HP:DEC 190-180-999-5208 34.90 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 202-4764:KH:DEC 190-180-999-5208 67.26 41547 01/23/97 000375 SOUTHERN CALIF TELEPHON 909 519-2136:TH:DEC 320-199-999-5208 60.51 1,270.90 41548 01/23/97 000307 TEMECULA TROPHY CO. BUS. CARD HOLDERS 001-100-999-5280 219.93 219.93 41549 01/23/97 000311 TEMECULA VALLEY HIGH SC COMM.SRVC.FUNDING 96-97 AWARD 001-100-999-5267 4,000.00 4,000.00 41550 01123/97 002580 TRUELINE RESTRIPE ROLLER HOCKEY COURT 190-180-999-5212 1,375.00 1,375.00 41551 01/23/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 001-2080 6,500.88 41551 01/23/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 190-2080 866.27 41551 01/23/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 192-2080 1.25 41551 01/23/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 193-2080 18.75 41551 01/23/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 194-2080 22.50 41551 01/23/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 280-2080 5.00 41551 01/23/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 300-2080 17.96 41551 01/23/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 320-2080 312.50 41551 01/23/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 340-2080 112.50 7,857.61 VOUCHRE2 CITY OF TEMECULA PAGE 7 01/23/97 14:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 41552 01/23/97 000389 U S C M /PEBSCO (OBRA@ 000389 PT RETIR 001-2160 721.00 41552 01/23/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 165-2160 34.10 41552 01/23/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 190-2160 577.92 41552 01/23/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 193-2160 57.28 41552 01/23/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 280-2160 34.12 41552 01/23/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 340-2160 54.24 1,478.66 41553 01/23/97 000325 UNITED WAY OF THE INLAN 000325 uw 001-2120 106.80 41553 01/23/97 000325 UNITED WAY OF THE INLAN 000325 uw 165-2120 2.50 41553 01/23/97 000325 UNITED WAY OF THE INLAN 000325 uw 190-2120 17.00 41553 01/23/97 000325 UNITED WAY OF THE INLAN 000325 uw 280-2120 2.70 129.00 41554 01/23/97 VAIL RANCH LIMITED REFUND:OVER PAYMENT ON PERMIT 001-2660 2,256.79 2,256.79 41555 01/23/97 002566 VALLEY MICRO COMPUTERS MISC COMPUTER SUPPLIES 320-199-999-5221 296.31 296.31 41556 01/23/97 000332 VANDORPE CHOU ASSOCIATI OCT PROF PLAN CHECK CONSULT SV 001-162-999-5248 1,813.59 41556 01/23197 000332 VANDORPE CHOU ASSOCIATI NOV PROF PLAN CHECK CONSULT SV 001-162-999-5248 4,537.32 41556 01123197 000332 VANDORPE CHOU ASSOCIATI DEC PROF PLAN CHECK CONSULT SV 001-162-999-5248 2,938.64 41556 01/23/97 000332 VANDORPE CHOU ASSOCIATI JAN PROF PLAN CHECK CONSULT SV 001-162-999-5248 1,256.43 10,545.98 41557 01/23/97 WEST, LISA REFUND:SECURITY DEPOSIT 190-2900 100.00 100.00 TOTAL CHECKS 1,161,987.82 VOUCHRE2 CITY OF TEMECULA PAGE 9 01/30/97 12:07 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 401,176.36 165 RDA DEV- LOW/MOD SET ASIDE 16,521.77 190 COMMUNITY SERVICES DISTRICT 45,719.92 191 TCSD SERVICE LEVEL A 632.76 193 TCSD SERVICE LEVEL C 947.01 195 TCSD SERVICE LEVEL R 4,197.00 210 CAPITAL IMPROVEMENT PROJ FUND 14,216.72 280 REDEVELOPMENT AGENCY - CIP 20,088.55 300 INSURANCE FUND 18,182.44 320 INFORMATION SYSTEMS 145.65 330 SUPPORT SERVICES 1,164.93 340 FACILITIES 4,856.64 TOTAL 527,849.75 VOUCHRE2 CITY OF TEMECULA PAGE 1 01130/97 12:07 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 972401 01/24/97 002622 STEWART TITLE FIRST TIME HOME BUYERS PROGRAM 165-199-999-5449 14,200.00 14,200.00 41560 01/30/97 000724 A & R CUSTOM SCREEN PRI SB AWARDS - TURKEY TROT TOURNY 190-183-999-5380 297.90 41560 01/30/97 000724 A & R CUSTOM SCREEN PRI SOFTBALL PROGRAM AWARDS 190-183-999-5380 114.22 412.12 41561 01/30/97 001985 A E P (ASSOC OF ENVIRO CEQA WRKSHP:2/28 C.DONAHOE 001-161-999-5261 155.00 155.00 41562 01/30/97 002410 A WOMANIS TOUCH BUILDIN JAN JANITORIAL SVCS:CITY PARKS 190-180-999-5250 1,204.00 1,204.00 41563 01/30/97 001700 A+ TEACHING MATERIALS TEACHING MATERIALS & SUPPLIES 190-182-999-5301 138.49 138.49 41564 01/30/97 002348 A-PARK AVENUE BUILDERS REMOVE/REPLACE ASPHALT-JEFF.AV 001-164-601-5402 3,800.00 41564 01/30/97 002348 A-PARK AVENUE BUILDERS EXTRA WORK NEEDED AT JEFFERSON 001-164-601-5402 600.00 4,400.00 41565 01/30/97 001281 ALHAMBRA GROUP DEC LDSC DESIGN SVC:MARGARITA 210-190-119-5802 1,376.00 41565 01/30/97 001281 ALHAMBRA GROUP DEC LDSC DESIGN SVC:DUCK POND 210-190-143-5802 900.00 41565 01/30/97 001281 ALHAMBRA GROUP DEC LDSC DESIGN SVC:WINCH CRK 210-190-149-5802 2,000.00 41565 01/30/97 001281 ALHAMBRA GROUP DEC LDSC DESIGN SVC:ADA PARK 210-190-148-5802 1,100.00 5,376.00 41566 01/30/97 002485 ALMOST ANYTHING PROF. 0 TEMP HELP W/E 1/24/97 D.ALBERT 001-140-999-5118 209.00 209.00 41567 01/30/97 000102 AMERICAN FENCE CO. OF C FEB SECURITY FENCE:PUJOL ST 165-199-812-5804 44.00 44.00 41568 01/30197 000101 APPLE ONE, INC. TEMP HELP W/E 1/11/97 J.YONKER 001-140-999-5118 412.80 412.80 41569 01/30/97 002624 ARREOLA, AGUSTIN & JUAN RENTAL ASSISTANCE-FINAL PYMT 280-199-807-5804 6,835.68 6,835.68 41570 01/30/97 002448 B C N LIGHTING & SIGNS INSTALLATION OF CITY BANNERS 280-199-999-5270 1,280.00 1,280.00 41571 01/30/97 BADDON, RICK & SHEILA REIMB:MEDICAL EXPENSES-CLAIM 300-199-999-5207 100.00 100.00 41572 01/30197 BADDON, SHEILA & RICK I SETLEMNT FOR ALL CLAIMS:4/6/96 300-199-999-5207 3,932.05 3,932.05 41573 01/30/97 002641 BETTER CARPET CARE CLEAN CARPET AT NEW CITY HALL 340-199-701-5250 11600.00 41573 01/30/97 002641 BETTER CARPET CARE CLEAN CARPETED STAIRWELLS AT 340-199-701-5250 132.00 1,732.00 41574 01/30/97 002655 BOGDANSKI, ANNE ARTWORK FOR THE CITY FLAG 340-199-701-5250 125.00 125.00 41575 01/30/97 000586 BOOK PUBLISHING COMPANY MUNICIPAL CODE BOOK SERVICE 001-120-999-5250 494.49 494.49 41576 01/30/97 CALIF STATE JUVENILE OF CSJOA CF:3/11-14:ROB,SCT,TYL,R 001-170-999-5261 700.00 700.00 41577 01/30/97 002254 CALIFORNIA DEPT OF INDU ELEVATOR CERTIFICATION 340-199-701-5250 110.00 110.00 41578 01/30/97 001267 CALIFORNIA DEPT OF MOTO CLASS B LICENSE TO DRIVE C VAN 190-180-999-5261 58.00 58.00 41579 01/30/97 CDLU RANCH PARTNERS OVERCHARGES TCSD RATES 96197 190-180-4005 273.50 41579 01/30197 CDLU RANCH PARTNERS OVERCHARGES TCSD RATES 96/97 191-180-4005 20.54 294.04 41580 01130/97 CHILDREN'S HOSPITAL OF PATIENT-NICHOLAS BADDON-#72020 300-199-999-5207 541.85 541.85 VOUCHRE2 CITY OF TEMECULA PAGE 2 01/30/97 12.-07 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 41581 01/30/97 000447 COMTRONIX OF HEMET RADIO MAINTENANCE CONTRACT 001-171-999-5215 465.00 41581 01/30/97 000447 COMTRONIX OF HEMET RADIO MAINTENANCE CONTRACT 001-170-999-5215 376.50 41581 01130/97 000447 COMTRONIX OF HEMET RADIO MAINTENANCE CONTRACT 001-164-604-5250 292.50 41581 01/30/97 000447 COMTRONIX OF HEMET RADIO MAINTENANCE CONTRACT 001-164-601-5250 447.00 41581 01/30/97 000447 COMTRONIX OF HEMET RADIO MAINTENANCE CONTRACT 001-163-999-5250 195.00 41581 01/30/97 000447 COMTRONIX OF HEMET RADIO MAINTENANCE CONTRACT 001-162-999-5250 669.00 41581 01/30/97 000447 COMTRONIX OF HEMET RADIO MAINTENANCE CONTRACT 190-180-999-5250 585.00 41581 01/30/97 000447 COMTRONIX OF HEMET RADIO MAINTENANCE CONTRACT 001-165-999-5250 298.50 41581 01/30/97 000447 COMTRONIX OF HEMET RADIO MAINTENANCE CONTRACT 320-199-999-5250 117.00 41581 01/30/97 000447 COMTRONIX OF HEMET MOBILE RADIO-NEW PW MAINT.VEHI 001-164-601-5610 11862.86 41581 01/30/97 000447 COMTRONIX OF HEMET 3 BATTERIES:PW HAND HLD RADIOS 001-164-601-5218 242.60 41581 01130/97 000447 COMTRONIX OF HEMET 3 BATTERIES:PW HAND HLD RADIOS 001-164-601-5215 655.90 6,206.86 41582 01/30/97 002202 CREATIVE FORECASTING, I SUB:RENEWAL RECREATION PROGRAM 190-180-999-5228 36.00 36.00 41583 01/30197 001716 DAN'S ROOFING REPAIR LEAKING ROOF AT CRC 190-182-999-5212 155.00 155.00 41584 01/30/97 002649 EL DORADO HOTEL HTL:CITIES CF 4/15-19 THORNHIL 001-161-999-5258 657.08 657.08 41585 01/30/97 EMERGENCY MED SPEC OF 0 PMT FOR SERVICES -CLAIMS 300-199-999-5207 80.00 80.00 41586 01/30/97 001056 EXCEL LANDSCAPE JAN LDSC MAINT-SPRT PRK IMPROV 190-180-999-5415 1,950.00 41586 01/30/97 001056 EXCEL LANDSCAPE OCT LDSC MAINT-SPRT PRK IMPROV 190-180-999-5415 1,950.00 41586 01/30/97 001056 EXCEL LANDSCAPE NOV LDSC MAINT-SPRT PRK IMPROV 190-180-999-5415 1,950.00 5,850.00 41587 01/30/97 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 165-199-999-5250 11.00 41587 01/30/97 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-140-999-5230 60.50 41587 01/30/97 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-120-999-5230 18.25 41587 01/30/97 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-110-999-5230 45.75 41587 01/30/97 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-162-999-5230 13.00 41587 01/30/97 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-110-999-5230 9.50 158.00 41588 01/30197 001135 FIRST CARE INDUSTRIAL M PRE-EMPLOYMENT EXPENSES 001-150-999-5250 140.00 41588 01/30/97 001135 FIRST CARE INDUSTRIAL M PRE-EMPLOYMENT EXPENSES 001-150-999-5250 176.00 41588 01/30/97 001135 FIRST CARE INDUSTRIAL M PRE-EMPLOYMENT EXPENSES 001-150-999-5250 79.00 395.00 41589 01/30/97 000712 FORD, STEVEN J. REIMB:CANDIDATE STATEMENT FEES 001-2675 9.66 9.66 41590 01/30/97 000170 FRANKLIN QUEST COMPANY, DAY PLANNER BINDERS & REFILLS 001-163-999-5220 14.40 14.40 41591 01130/97 001937 GALLS, INC. LIGHT BAR-NEW PW MAINT VEHICLE 001-164-601-5242 994.95 41591 01/30197 001937 GALLS, INC. FREIGHT 001-164-601-5242 20.00 1,014.95 41592 01/30/97 000481 GEOTECHNICAL & ENVIRONM DEC PROF SVC:PARKVIEW FIRE ST 210-190-626-5804 305.50 41592 01/30/97 000481 GEOTECHNICAL & ENVIRONM DEC PROF SVC:CITY MAINT. FAC. 210-190-144-5804 4,547.00 4,852.50 41593 01/30/97 000177 GLENNIES OFFICE PRODUCT GENERAL SUPPLIES FOR CRC 190-182-999-5220 185.25 41593 01/30/97 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES 001-110-999-5220 181.63 41593 01/30197 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES-TEM COMM CTR 190-184-999-5220 3.81 41593 01/30/97 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES-TEM. P.D 001-170-999-5220 49.17 41593 01/30/97 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES-TEM. P.D 001-170-999-5220 16.39 VOUCHRE2 CITY OF TEMECULA PAGE 3 01/30/97 12:07 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER! CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 41593 01/30/97 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES-TEM. P.D 001-170-999-5220 18.43 41593 01/30/97 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES FOR CITY MGR 001-110-999-5220 76.96 41593 01/30/97 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES/PLANNING 001-161-999-5220 38.10 41593 01/30/97 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES/PLANNING 001-161-999-5220 2.23 41593 01/30/97 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES/PLANNING 001-161-999-5220 13.13 41593 01/30/97 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES - CITY CLERK 001-120-999-5220 113.71 41593 01/30/97 000177 GLENNIES OFFICE PRODUCT GENERAL SUPPLIES FOR CRC 190-182-999-5220 27.13 41593 01/30/97 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES - CITY CLERK 001-120-999-5220 20.47 41593 01/30/97 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 001-140-999-5220 15.48 41593 01/30/97 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 001-140-999-5220 39.64 41593 01/30/97 000177 GLENNIES OFFICE PRODUCT CREDIT:RETURNED MISC SUPPLIES 190-184-999-5220 22.16- 779.37 41594 01/30197 002659 GOVERNING SUBSCRIPTION:S.FORD 001-100-999-5228 15.00 41594 01/30/97 002659 GOVERNING SUBSCRIPTION:G.THORNHILL 001-161-999-5228 15.00 30.00 41595 01/30/97 002443 GRANDSTAND CARDS K-9 OFFICER TRADING CARDS 001-170-999-5222 25.00 41595 01/30/97 002443 GRANDSTAND CARDS FREIGHT 001-170-999-5222 5.00 41595 01/30/97 002443 GRANDSTAND CARDS TAX 001-170-999-5222 2.06 32.06 41596 01/30/97 HALL, JAMES A. OVERPMT OF CITATION #19676 001-170-4055 10.00 10.00 41597 01130/97 HARTMANN, JEANETTE REFUND SECURITY DEPOSIT 190-2900 100.00 100.00 41598 01/30/97 001517 HEALTH & HUMAN RESOURCE EMPLOYEE ASSISTANCE PROGRAM 001-150-999-5250 355.35 355.35 41599 01/30/97 002098 HOUSE OF MOTORCYCLES MOTORCYCLE REPAIR TEMECULA PD 001-170-999-5214 484.75 41599 01/30/97 002098 HOUSE OF MOTORCYCLES MOTORCYCLE REPAIR TEMECULA PD 001-170-999-5214 16.62 41599 01/30/97 002098 HOUSE OF MOTORCYCLES MOTORCYCLE REPAIR TEMECULA PD 001-170-999-5214 225.04 726.41 41600 01130/97 000863 1 P M A ANNUAL MEMBERSHIP - G.YATES 001-150-999-5226 219.00 219.00 41601 01/30/97 002481 INLAND FOUNDATION ENGIN DEC PROF SVC:6TH ST PARKING Lo 280-199-804-5804 342.70 342.70 41602 01/30/97 001667 KELLY TEMPORARY SERVICE TEMP HELP WIE 1/12 J.EVANS 001-164-604-5118 110.92 41602 01/30/97 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 1/12 I.EVANS 001-163-999-5118 110.92 41602 01/30/97 001667 KELLY TEMPORARY SERVICE TEMP HELP WIE 1/12 J.EVANS 001-165-999-5118 110.96 332.80 41603 01/30/97 KI/FKLA RANCHO REALTY L OVRPMT OF TCSD RATES FY 96-97 190-180-4005 6,464.25 41603 01/30/97 KI/FKLA RANCHO REALTY L OVRPMT OF TCSD RATES FY.96-97 191-180-4005 485.47 6,949.72 41604 01/30/97 001534 LA MASTERS OF FINE TRAV AIRFARE:J.GREEK:1130-31/97 001-120-999-5260 140.00 140.00 41605 01/30197 002281 LASSIG CONSTRUCTION MONUMENT CONST-TEM MIDDLE SCHL 190-180-999-5250 995.00 41605 01/30/97 002281 LASSIG CONSTRUCTION MONUMENT CONST-TEM COMM CTR 210-190-151-5804 995.00 1,990.00 41606 01/30/97 000596 LEAGUE OF CAL. CITIES CONF:D.UBNOSKE:A.WEBSTER:R.SOL 001-161-999-5258 240.00 41606 01/30/97 000596 LEAGUE OF CAL. CITIES CONF:D.UBNOSKE:A.WEBSTER:R.SOL 001-161-999-5272 480.00 720.00 41607 01/30/97 000210 LEAGUE OF CAL. CITIES - PROPOSITION 218 PUBLICATION 190-180-999-5228 35.00 35.00 41608 01/30/97 001513 LIBERTY AUTO CENTER MAINT. FOR CAR - PLANNING DEPT 001-161-999-5214 27.88 27.88 VOUCHRE2 CITY OF TEMECULA PAGE 4 01/30/97 12:07 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 41609 01/30/97 000394 MAINTENANCE SUPERINTEND EDUC:R.WEST:R.HURST:J.REED:T.L 001-164-601-5261 140.00 140.00 41610 01/30197 002392 MAKING CITIES LIVABLE CONF: 4/15-19 G.THORNHILL 001-161-999-5258 445.00 445.00 41611 01/30/97 001256 MARRIOTT HOTEL HTL:CAPPO CF 2/25-28 VOLLMUTH 001-140-999-5261 264.00 264.00 41612 01/30/97 001384 MINUTEMAN PRESS 2ND SHEET LTRHEAD PAPER-B&S 001-162-999-5222 30.48 41612 01/30/97 001384 MINUTEMAN PRESS TAX 001-162-999-5222 2.36 41612 01/30/97 001384 MINUTEMAN PRESS BUS. CARDS KHRISTI CUMMINES 001-162-999-5222 38.25 41612 01/30/97 001384 MINUTEMAN PRESS BUS CARDS MARK BERG 001-162-999-5222 38.25 41612 01/30/97 001384 MINUTEMAN PRESS TAX 001-162-999-5222 5.93 41612 01/30/97 001384 MINUTEMAN PRESS QTY 1000 FOIL LETTERHEAD 001-110-999-5222 234.14 41612 01/30/97 001384 MINUTEMAN PRESS OTY 1000 FOIL ENVELOPES 001-110-999-5222 244.14 41612 01/30/97 001384 MINUTEMAN PRESS QTY 1000 B/W LETTERHEAD 001-110-999-5222 59.60 41612 01130/97 001384 MINUTEMAN PRESS QTY 2000 B/W ENVELOPES 001-110-999-5222 176.82 41612 01/30/97 001384 MINUTEMAN PRESS OTY 1000 BLANK STATIONARY 001-110-999-5222 30.48 41612 01/30/97 001384 MINUTEMAN PRESS TAX 001-110-999-5222 57.75 41612 01130/97 001384 MINUTEMAN PRESS QTY 1000 FOIL LETTERHEAD 001-120-999-5222 234.14 41612 01/30/97 001384 MINUTEMAN PRESS QTY 1000 FOIL ENVELOPES 001-120-999-5222 244.14 41612 01/30/97 001384 MINUTEMAN PRESS TAX 001-120-999-5222 37.07 1,433.55 41613 01/30/97 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-170-999-5262 51.74 41613 01/30/97 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-161-999-5263 13.85 41613 01/30/97 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-170-999-5262 23.33- 41613 01/30/97 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-164-601-5263 18.99- 41613 01/30/97 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-161-999-5263 9.34- 13.93 41614 01/30/97 000883 MONTELEONE EXCAVATING EMERGENCY CHANNEL CLEANING 001-164-601-5401 11625.00 41614 01/30/97 000883 MONTELEONE EXCAVATING EMERGENCY ROAD BLADING 195-180-999-5402 2,760.00 41614 01/30/97 000883 MONTELEONE EXCAVATING EMERGENCY ROAD BLADING 195-180-999-5402 1,437.00 5,822.00 41615 01/30/97 MONTEREY PENINSULA VISI PLAN CF:UBNOSKE/SOLTIPIAK/WEBS 001-161-999-5258 235.40 41615 01/30/97 MONTEREY PENINSULA VISI PLAN CF:UBNOSKE/SOLTIPIAK/WEBS 001-161-999-5272 470.80 706.20 41616 01/30/97 MORAN, ROWEN, & DORSEY, PMT FOR SERVICES - CLAIMS 300-199-999-5207 67.10 67.10 41617 01/30/97 001277 NATIONAL LEAGUE OF CITI CITIES NAT'L LEAGUE MEMBERSHIP 001-100-999-5226 2,201.00 2,201.00 41618 01/30/97 000232 NEET, JOHN P., MAI DEC APPRAISAL SVCS ON PUJOL ST 165-199-999-5250 300.00 300.00 41619 01/30/97 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICES 001-161-999-5256 35.00 41619 01/30/97 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICES 001-161-999-5256 31.55 41619 01/30/97 002139 NORTH COUNTY TIMES - AT LEGAL NOTICES 001-120-999-5256 90.50 41619 01/30/97 002139 NORTH COUNTY TIMES - AT LEGAL NOTICES 001-120-999-5256 120.50 277.55 41620 01/30/97 002640 NORYS, TOM INSTALL 80 YDS FABRIC-CLTY HAL 340-199-701-5212 640.00 640.00 41621 01/30/97 002292 OASIS VENDING CITY HALL COFFEE:VENDING SERVC 340-199-701-5250 998.10 998.10 41622 01/30/97 002105 OLD TOWN TIRE & SERVICE VEHICLE MAINTENANCE & REPAIR 001-164-601-5214 339.25 41622 01/30/97 002105 OLD TOWN TIRE & SERVICE VEHICLE MAINTENANCE & REPAIR 001-164-601-5214 77.93 417.18 VOUCHRE2 CITY OF TEMECULA PAGE 5 01/30/97 12:07 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 41623 01/30/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-163-999-5250 15.00 41623 01/30/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-164-601-5238 15.00 41623 01/30/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-165-999-5238 7.50 41623 01/30/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-164-604-5208 7.50 41623 01/30/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-120-999-5250 7.50 41623 01/30/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 320-199-999-5238 28.65 41623 01/30/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-140-999-5250 13.80 41623 01/30/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-100-999-5250 15.00 41623 01/30/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 190-180-999-5250 75.00 41623 01/30/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-162-999-5238 37.50 41623 01/30/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-170-999-5242 70.00 292.45 41624 01130/97 001707 PETCO ANIMAL SUPPLIES, TEMECULA PD K-9 FOOD & GUPPLY 001-170-999-5327 80.97 80.97 41625 01130/97 000580 PHOTO WORKS PHOTO DEVELOPING FOR CIP DIV 001-165-999-5250 45.77 41625 01/30/97 000580 PHOTO WORKS PHOTO DEV FOR LAND DEVELOPMENT 001-163-999-5250 19.06 64.83 41626 01/30/97 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-161-999-5230 30.00 41626 01/30/97 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 190-180-999-5230 17.25 41626 01/30/97 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-120-999-5230 32.25 41626 01/30/97 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-140-999-5230 21.50 101.00 41627 01/30/97 002185 POSTMASTER - TEMECULA POST OFFICE BOX RENTAL 330-199-999-5250 450.00 450.00 41628 01/30/97 002579 POTAMUS PRESS CITY-WIDE GUIDE-LEISURE ACTIV. 190-180-999-5222 10,502.14 10,502.14 41629 01/30/97 000255 PRO LOCK & KEY 7-SAFETY LOCKS FOR EMPIRE CRK 001-164-601-5218 150.47 150.47 41630 01/30/97 002012 R D 0 EQUIPMENT CO. MINOR REPAIR TO BACK-HOE 001-164-601-5214 187.25 187.25 41631 01/30/97 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPROD. FOR LAND DEV 001-163-999-5268 6.65 41631 01/30/97 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPROD. FOR CRC 210-190-152-5804 54.40 61.05 41632 01/30/97 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-180-999-5240 752.74 41632 01/30/97 000262 RANCHO CALIFORNIA WATER DIAZ ROAD WATER METER 190-180-999-5240 62.22 41632 01130/97 000262 RANCHO CALIFORNIA WATER BUTTERFIELD ST RD LSCP 191-180-999-5240 16.56 41632 01/30197 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 193-180-999-5240 947.01 1,778.53 41633 01/30/97 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES - CRC 190-180-999-5212 153.22 153.22 41634 01/30/97 002636 REE AIR CONDITIONING TROUBLE SHOOT & REPAIR HVAC 340-199-701-5212 450.00 41634 01/30/97 002636 REE AIR CONDITIONING TROUBLE SHOOT AND REPAIR HVAC 340-199-701-5212 500.00 950.00 41635 01/30/97 000792 REGENTS OF U.C. RIVERSI GIS CERT TRAINING FOR K.BEAL 001-161-999-5261 95.00 95.00 41636 01/30/97 001500 REGIONAL TRAINING CENTE SUPERS' ACADEMY 4/97 S.NAASEH 001-161-999-5261 425.00 425.00 41637 01/30/97 002412 RICHARDS, WATSON & GERS NOV LEGAL SERVICES - CLAIMS 300-199-999-5246 3,417.27 41637 01130/97 002412 RICHARDS, WATSON & GERS NOV LEGAL SERVICES - CLAIMS 300-199-999-5246 1,090.49 41637 01/30/97 002412 RICHARDS, WATSON & GERS NOV LEGAL SERVICES - CLAIMS 300-199-999-5246 5,226.04 41637 01/30/97 002412 RICHARDS, WATSON & GERS NOV LEGAL SERVICE - CLAIMS 300-199-999-5246 1,404.61 VOUCHRE2 CITY OF TEMECULA PAGE 6 01/30/97 12:07 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 41637 01/30/97 002412 RICHARDS, WATSON & GERS NOVEMBER 96 LEGAL SERVICES 001-130-999-5246 8,098.61 41637 01/30/97 002412 RICHARDS, WATSON & GERS DEC LEGAL SERVICES - GENERAL 001-130-999-5246 655.50 41637 01/30/97 002412 RICHARDS, WATSON & GERS DEC LEGAL SERVICES - GENERAL 001-130-999-5246 289.00 41637 01/30/97 002412 RICHARDS, WATSON & GERS DEC LEGAL SERVICES - GENERAL 001-130-999-5246 8,442.08 41637 01/30/97 002412 RICHARDS, WATSON & GERS DEC LEGAL SERVICES - COMM SRVC 190-180-999-5246 4,276.25 41637 01/30/97 002412 RICHARDS, WATSON & GERS DEC LEGAL SERVICES - GENERAL 001-130-999-5246 785.00 41637 01130/97 002412 RICHARDS, WATSON & GERS DEC LEGAL SERVICES -GENERAL 001-130-999-5246 898.75 41637 01/30/97 002412 RICHARDS, WATSON & GERS NOVEMBER 96 LEGAL SERVICES 280-199-999-5246 3,745.75 41637 01/30/97 002412 RICHARDS, WATSON & GERS NOV LEGAL SERVICES - CLAIMS 300-199-999-5246 2,199.12 41637 01/30/97 002412 RICHARDS, WATSON & GERS NOV LEGAL SERVICES - CLAIMS 300-199-999-5246 47.50 41637 01/30/97 002412 RICHARDS, WATSON & GERS NOV LEGAL SERVICES - CLAIMS 300-199-999-5246 538.75 41637 01/30197 002412 RICHARDS, WATSON & GERS DEC LEGAL SERVICES - GENERAL 001-130-999-5246 628.16 41637 01/30/97 002412 RICHARDS, WATSON & GERS DEC LEGAL SERVICES - GENERAL 001-130-999-5246 207.00 41637 01/30/97 002412 RICHARDS, WATSON & GERS NOV LEGAL SERVICES - CLAIMS 300-199-999-5246 197.24 41637 01/30/97 002412 RICHARDS, WATSON & GERS NOV LEGAL SERVICES - CLAIMS 300-199-999-5246 1,135.17 41637 01/30/97 002412 RICHARDS, WATSON & GERS NOVEMBER 96 LEGAL SERVICES 280-199-999-5246 178.25 41637 01/30/97 002412 RICHARDS, WATSON & GERS NOVEMBER 96 LEGAL SERVICES 165-199-999-5246 1,966.77 41637 01/30/97 002412 RICHARDS, WATSON & GERS NOVEMBER 96 LEGAL SERVICES 280-199-999-5246 8,175.67 41637 01/30197 002412 RICHARDS, WATSON & GERS CREDIT:NEED BACK UP DOCUMENTS 300-199-999-5246 55.50- 41637 01/30/97 002412 RICHARDS, WATSON & GERS CREDIT:NEED BACK UP DOCUMENTS 300-199-999-5246 369.25- 41637 01/30/97 002412 RICHARDS, WATSON & GERS CREDIT:NEED BACK UP DOCUMENTS 300-199-999-5246 1,030.50- 41637 01/30/97 002412 RICHARDS, WATSON & GERS CREDIT:NEED BACK UP DOCUMENTS 300-199-999-5246 138.50- 41637 01/30/97 002412 RICHARDS, WATSON & GERS CREDIT-NEED BCK-UP FOR MESSGER 001-130-999-5246 352.50- 41637 01130197 002412 RICHARDS, WATSON & GERS CREDIT:BACK UP DOCUMENTATION 001-130-999-5246 207.08- 41637 01/30/97 002412 RICHARDS, WATSON & GERS CREDIT:NEED BACK UP DOCUMENTS 300-199-999-5246 344.00- 41637 01/30/97 002412 RICHARDS, WATSON & GERS CREDIT:NEED BACK UP DOCUMENTS 300-199-999-5246 136.00- 41637 01/30/97 002412 RICHARDS, WATSON & GERS CREDIT-NEED BCK-UP ON CHARGES 280-199-999-5246 469.50- 50,500.15 41639 01/30/97 000268 RIVERSIDE CO. HABITAT K-RAT FEES FROM AUG-DEC 1996 001-2300 351,374.50 351,374.50 41640 01/30/97 002308 RIVERSIDE CO. OFFICE SEM:GANG VIOLENCE 11/26 TAYLOR 001-170-999-5261 35.00 35.00 41641 01/30/97 002469 ROHM CONSTRUCTION, INC. EMERGENCY GENERATOR FOR CRC 210-190-139-5804 1,226.00 41641 01/30/97 002469 ROHM CONSTRUCTION, INC. RETENTION W/H #3-EMERG GEN-CRC 210-2035 122.60- 1,103.40 41642 01/30/97 002226 RUSSO, MARY ANNE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 427.00 427.00 41643 01/30/97 S K C ELECTRIC REFUND:OVERPMT CITATION#19651 001-170-4055 50.00 50.00 41644 01/30197 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-164-601-5263 485.43 41644 01/30/97 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-165-999-5263 47.53 41644 01/30/97 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-163-999-5263 90.99 41644 01/30/97 000704 S K S, INCIINLAND OIL FUEL FOR CITY VEHICLES 190-180-999-5263 360.92 41644 01/30/97 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 190-180-999-5263 78.69 41644 01/30/97 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-110-999-5263 48.58 41644 01/30/97 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-162-999-5263 112.94 41644 01/30/97 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-164-601-5263 411.48 41644 01/30/97 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-165-999-5263 36.98 41644 01/30/97 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-163-999-5263 146.79 41644 01/30/97 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-110-999-5263 36.60 41644 01/30/97 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-162-999-5263 109.16 VOUCHRE2 CITY OF TEMECULA PAGE 7 01/30/97 12:07 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 41644 01/30/97 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 190-180-999-5263 207.55 41644 01/30/97 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 190-180-999-5263 72.20 2,245.84 41645 01/30/97 002505 SIGNS AND LUCITE PRODUC EMPLOYEES ONLY SIGN FOR LOBBY 340-199-701-5219 64.00 41645 01/30/97 002505 SIGNS AND LUCITE PRODUC FREIGHT 340-199-701-5219 3.50 41645 01/30/97 002505 SIGNS AND LUCITE PRODUC TAX 340-199-701-5219 5.28 72.78 41646 01130197 000751 SKILLPATH, INC. WORKSHOP 3/19 L. NORTON 001-140-999-5261 99.00 99.00 41647 01/30/97 SOC. OF AMERICAN MILITA MEMBERSHIP:D.SPAGNOLO 001-165-999-5226 94.00 94.00 41648 01/30/97 000537 SOUTHERN CALIF EDISON VARIOUS ELECT METERS 191-180-999-5240 47.28 41648 01/30/97 000537 SOUTHERN CALIF EDISON HWY-79 LS3 ELECT METER 191-180-999-5319 62.91 110.19 41649 01/30/97 000375 SOUTHERN CALIF TELEPHON 909 202-4767:GT:DEC 001-161-999-5208 28.41 41649 01/30/97 000375 SOUTHERN CALIF TELEPHON 909 202-4752:SN:DEC 190-180-999-5208 55.06 83.47 41650 01/30/97 SUNRIDGE COMMUNITY CHUR REFUND SECURITY DEPOSIT 190-2900 100.00 100.00 41651 01/30/97 TEMECULA EMERGENT CARE PMT FOR SERVICES - CLAIMS 300-199-999-5207 194.00 194.00 41652 01/30/97 000307 TEMECULA TROPHY CO. WALNUT GAVEL FOR RON ROBERTS 001-100-999-5220 29.19 41652 01/30/97 000307 TEMECULA TROPHY CO. TAX 001-100-999-5220 2.26 31.45 41653 01130/97 TEMECULA VALLEY ASSOCIA REFUND SECURITY DEPOSIT 190-2900 100.00 100.00 41654 01/30/97 TEMECULA VALLEY BAPTIST REFUND SECURITY DEPOSIT 190-2900 100.00 100.00 41655 01/30/97 000919 TEMECULA VALLEY UNIFIED UTILITIES-TEME ELEM SCH POOL 190-180-999-5240 9,278.06 41655 01/30/97 000919 TEMECULA VALLEY UNIFIED UTILITY CHARGES-TEM ELEM POOL 190-180-999-5240 994.59 10,272.65 41656 01/30/97 000420 TRANS-PACIFIC CONSULTAN DEC PROF SVC:PAVEMENT MGMT SYS 210-165-655-5802 1,835.42 1,835.42 41657 01/30/97 000978 TRAUMA INTERVENTION PRO 2ND QTR CITIZEN EMERG RESPONSE 001-171-999-5274 1,312.50 1,312.50 41658 01/30/97 000826 TRAVEL TRUST AIR:S.NELSON:H.PARKER:P.RUSE:J 190-180-999-5258 600.00 600.00 41659 01/30/97 TRECHTER, LYDIA REFUND:VOLLEYBALL CLINIC 190-183-4982 34.00 34.00 41660 01130/97 002065 UNISOURCE 3-PART NCR PAPER 330-199-999-5220 503.70 41660 01130197 002065 UNISOURCE TAX 330-199-999-5220 39.04 542.74 41661 01/30/97 001209 VAULT INC., THE DATA STORAGE - CARTRIDGE CTR 001-120-999-5277 444.44 444.44 41662 01/30/97 002658 VOLLMUTH, MARY CAPPO CF:FEB 26-28:CASH ADVANC 001-140-999-5261 150.00 150.00 41663 01/30/97 001342 WAXIE SANITARY SUPPLY, BUILD. MAINT. SUPPLIES:CRC 190-182-999-5212 660.67 41663 01/30/97 001342 WAXIE SANITARY SUPPLY, BUILD. MAINT. SUPPLIES:CRC 190-182-999-5212 246.52 41663 01/30/97 001342 WAXIE SANITARY SUPPLY, BUILD. MAINT. SUPPLIES:CTY HAL 340-199-701-5212 228.76 41663 01/30/97 001342 WAXIE SANITARY SUPPLY, BUILDING MAINT SUPPLIES-SR CTR 190-181-999-5212 65.45 1,201.40 VOUCHRE2 CITY OF TEMECULA PAGE 8 01/30/97 12:07 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 41664 01130/97 WEINERT, M.D., CARL R. PMT FOR SERVICES - CLAIMS 300-199-999-5207 85.00 85.00 41665 01/30197 000339 WEST PUBLISHING COMPANY CITY CLERK-LEGAL PUBLICATIONS 001-120-999-5228 484.09 484.09 41666 01/30/97 002109 WHITE CAP MISC. MAINTENANCE SUPPLIES 001-164-601-5218 2.76 2.76 41667 01/30/97 000345 XEROX CORPORATION BILL[ XEROX 5012 MAINT. AGREEMENT 330-199-999-5217 114.00 41667 01/30/97 000345 XEROX CORPORATION BILLI TONER FOR XEROX FAX MACHINE 330-199-999-5220 54.00 41667 01130/97 000345 XEROX CORPORATION BILLI TAX 330-199-999-5220 4.19 172.19 TOTAL CHECKS 527,849.75 VOUCHRE2 CITY OF TEMECULA PAGE 2 01/30/97 12:57 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 371,719.88 120 DEVELOPMENT IMPACT FUND 5,662.00 165 RDA DEV- LOW/MOD SET ASIDE 197.12 190 COMMUNITY SERVICES DISTRICT 29,619.08 191 TCSD SERVICE LEVEL A 926.00 193 TCSD SERVICE LEVEL C 20,080.77 280 REDEVELOPMENT AGENCY - CIP 16,811.08 320 INFORMATION SYSTEMS 16,862.27 340 FACILITIES 496.37 TOTAL 462,374.57 VOUCHRE2 CITY OF TEMECULA PAGE 1 01/30/97 12:57 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 41670 02/11/97 000126 CALIFORNIA LANDSCAPE MA JAN LDSC MAINT - PARKS 190-180-999-5415 19,651.37 41670 02/11/97 000126 CALIFORNIA LANDSCAPE MA JAN LDSC MAINT - SEN CENTER 190-181-999-5415 245.67 41670 02/11/97 000126 CALIFORNIA LANDSCAPE MA JAN LDSC MAINT - CRC 190-182-999-5415 1,692.53 41670 02/11/97 000126 CALIFORNIA LANDSCAPE MA JAN LDSC MAINT - CITY HALL 340-199-701-5415 496.37 41670 02111/97 000126 CALIFORNIA LANDSCAPE MA JAN LDSC MAINT MEDIANS 191-180-999-5415 926.00 41670 02/11/97 000126 CALIFORNIA LANDSCAPE MA JAN LDSC MAINT TEME COMM CTR 190-184-999-5415 325.00 23,336.94 41671 02/11/97 002234 DMG/DAVID M GRIFFITH & TEMECULA LIBRARY STUDY 120-199-999-5248 5,662.00 5,662.00 41672 02/11/97 001056 EXCEL LANDSCAPE JAN LDSC MAINT - SLOPES 193-180-999-5415 20,080.77 41672 02/11/97 001056 EXCEL LANDSCAPE JAN LDSC MAINT - SPORTS PARK 190-180-999-5415 7,704.51 27,785.28 41673 02111/97 002412 RICHARDS, WATSON & GERS DECEMBER 96 LEGAL SERVICES 001-130-999-5246 5,973.56 41673 02/11/97 002412 RICHARDS, WATSON & GERS DECEMBER 96 LEGAL SERVICES 001-130-999-5246 38.25 41673 02/11/97 002412 RICHARDS, WATSON & GERS DECEMBER 96 LEGAL SERVICES 001-130-999-5246 12,943.62 41673 02/11/97 002412 RICHARDS, WATSON & GERS DECEMBER 96 LEGAL SERVICES 001-130-999-5246 92.00 41673 02/11/97 002412 RICHARDS, WATSON & GERS DECEMBER 96 LEGAL SERVICES 001-130-999-5246 122.50 41673 02/11/97 002412 RICHARDS, WATSON & GERS DECEMBER 96 LEGAL SERVICES 001-130-999-5246 183.00 41673 02/11/97 002412 RICHARDS, WATSON & GERS DECEMBER 96 LEGAL SERVICES 280-199-999-5246 4,154.50 41673 02/11/97 002412 RICHARDS, WATSON & GERS DECEMBER 96 LEGAL SERVICES 001-130-999-5246 1,929.25 41673 02/11/97 002412 RICHARDS, WATSON & GERS DECEMBER 96 LEGAL SERVICES 001-130-999-5246 1,276.00 41673 02/11/97 002412 RICHARDS, WATSON & GERS DECEMBER 96 LEGAL SERVICES 165-199-999-5246 153.87 41673 02111/97 002412 RICHARDS, WATSON & GERS DECEMBER 96 LEGAL SERVICES 280-199-999-5246 153.88 41673 02/11/97 002412 RICHARDS, WATSON & GERS DECEMBER 96 LEGAL SERVICES 165-199-999-5246 43.25 41673 02/11/97 002412 RICHARDS, WATSON & GERS DECEMBER 96 LEGAL SERVICES 280-199-999-5246 12,690.20 41673 02/11/97 002412 RICHARDS, WATSON &GERS CREDIT-NEED BCK-UP-WRD PROCESS 001-130-999-5246 858.39- 41673 02/11/97 002412 RICHARDS, WATSON & GERS LACK OF DOCUMENTATION 12/4/96 001-130-999-5246 l@032.42- 41673 02/11/97 002412 RICHARDS, WATSON & GERS CREDIT-NEED BACK-UP FOR 12/4 280-199-999-5246 187.50- 37,675.57 41674 02/11/97 000267 RIVERSIDE CO. FIRE DEPT JULY-SEPT FIRE SERVICES 001-171-999-5251 312,618.40 312,618.40 41675 02/11/97 000355 RIVERSIDE CO. REGIST. V ELECTION SRVCS-PRESIDENT ELECT 001-120-999-5225 25,839.37 41675 02/11/97 000355 RIVERSIDE CO. REGIST. V CANDIDATE STATEMENT FEES 001-2675 340.34 26,179.71 41676 02/11/97 000406 RIVERSIDE CO. SHERIFFIS NOV 96 BOOKING FEES 001-170-999-5273 12,254.40 12,254.40 41677 02/11/97 002566 VALLEY MICRO COMPUTERS PENTIUM 166 PC WORKSTATION 320-1970 15,649.44 41677 02/11/97 002566 VALLEY MICRO COMPUTERS TAX 320-1970 1,212.83 16,862.27 TOTAL CHECKS 462,374.57 ITEI\4 3 APPROVAL CITY ATTORNEY DIRECTOR OF ,Ff NMCE- CITY MANAGER),-,,"",,. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim McDermott, Assistant Finance Director DATE: February 11, 1997 SUBJECT:City Treasurer's Report as of December 31, 1996 PREPARED BY: Jesse Diaz, Accounting Aide RECOMMENDATION: That the City Council receive and file the City Treasurer's Report as of December 31, 1996. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with the Code Sections as of December 31, 1996. FISCAL IMPACT: None ATTACHMENTS:1. City Treasurer's Report as of December 31, 1996 2.Schedule of Assets, Liabilities, and Fund Equity as of December 31, 1996 City of Temecula City Treasurer's Report As of December 31, 1996 Cash Activity for the Month of December Cash and Investments as of December 1, 1996 $ 50,558,658 Cash Receipts 3,411,131 Cash Disbursements (5,960,731) Cash and Investments as of December 31, 1996 $48,009,058 Cash and Investments Portfolio: Contractual/ Maturity Market Par/Book Type of Investment Institution Yield -Date (2) Value Balance Petty Cash City Hall $ 1,500 1,500 General Checking Home Savings 220,161 220,161 (1) General Checking Union Bank (709,380) (709,380) (1) Sweep Account Union Bank 4.920% 833,000 833,000 (Money Market Account) (Stepstone Treasury) Benefit Demand Deposits Union Bank 3,278 3,278 (1) Local Agency Investment Fund State Treasurer 5.574% 31,956,105 31,956,105 (3) Retention Escrow Account Landmark/California State Bank 124,984 124,984 Retention Escrow Account First Pacific National Bank 107,152 107,152 Deferred Compensation Fund ICMA 357,874 357,874 Deferred Compensation Fund PEBSCO 577,701 577,701 Defined Contribution Fund PEBSCO 58,563 58,563 Trust Accounts-TCSD COPs First Trust (Fidelity Treasury 11) 5.263% 17,607 17,607 (Money Market Account) Reserve Account-TCSD COPs Bayerische Landesbank 6.870% 502,690 502,690 (Guaranteed Investment Contract) Trust Accounts-RDA Bonds First Trust (Fidelity Treasury 11) 5-263 % 12,508,903 12,508,903 (Money Market Account) Reserve Account-RDA Bonds Bayerische Landesbank 7.400% 1,448,920 1,448,920 (Guaranteed Investment Contract) $ 48,009,058 (l)-This amount is net of outstanding checks. (2)-All investments are liquid and currently available. (3)-At December 31, 1996 total market value for the Local Agency Investment Fund (LAIF) was $29,067,377,977. The City's proportionate share of that value is $32,229,966. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expendftures of the City of Temecula for the ne)d six months. City of Temecula Schedule of Assets, Liabilities, and Fund Balances As of December 31, 1996 Community Services Redevelopment city (1) District Agency Total Assets: Cash and investments $29,826,568 $ 1,056,057 $ 17,126,433 $48,009,058 Receivables 4,192,117 132,331 1,143,349 5,467,797 Due from other funds 1,073,987 16,723 1,090,710 Land held for resale 2,103,053 2,103,053 Prepaid assets 668,679 668,679 Fixed assets-net 873,528 873,528 Total assets $ 36,634,879 $1,205,111 20,372,835 $58,212,825 Liabilities and fund equity Liabilities: Due to other funds $ 1,041,187 $ 16,723 $ 32,800 $1,090,710 Other liabilities 6,054,720 992,186 868,328 7,915,234 Total liabilities 7,095,907 1,008,909 901,128 9,005,944 Fund equity -, Contributed capital 1,055,344 1,055,344 Retained earnings 950,636 950,636 Fund balances: Reserved (2) 4,153,227 949,824 8,175,489 13,278,540 Designated (3) 18,348,003 313,611 11,296,218 29,957,832 Undesignated 5,031,762 (1,067,233) 3,964,529 Total fund equity 29,538,972 196,202 19,471,707 49,206,881 Total liabilities and fund equity $36,634,879 $1,205,111 $20,372,835 $58,212,825 (1) Includes General Fund, CIP Fund, Gas Tax Fund, other special revenue funds, and deferred comp agency funds. (2) Includes amounts reserved for encumbrances, land held for resale, long-term notes receivable, low/mod housing, and debt service. (3) Includes amounts designated for economic uncertainty, future capital projects, debt service, and continuing appropriations. 4 I , . - ITEN1 4 APPROVAL CITY ATTORNEY DIR. OF FINAN(E.' CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO:City Manager/City Council FROM:Tim McDermott, Assistant Finance Director DATE:February 1 1, 1 997 SUBJECT:Property Insurance Renewal PREPARED BY: Allie Kuhns, Senior Management Analyst RECOMMENDATION:That the City Council take the following actions: 1 . Approve the City of Temecula Property Insurance Policy renewal with Reliance Insurance Company and Pacific Insurance Company, Ltd./Agricultural Insurance for the period of February 26, 1 997 through February 26, 1 998 in the amount of $73,376; and, 2. Appropriate $1 5,000 from the Insurance Internal Service Fund Retained Earnings to the Property Insurance Account. DISCUSSION: The City's general property insurance policy with Reliance Insurance Company expires on February 26, 1 997. Based on the current market conditions, staff directed the City's property insurance broker, Barney & Barney, to market the City's property insurance policy. In response to this request, Barney & Barney validated the comprehensive inventory of all City buildings and property requiring coverage, and obtained three qualified proposals for basic property insurance from the following companies in the amounts listed. Additionally, Barney & Barney has provided a proposal for earthquake and flood insurance from Pacific Insurance Company Ltd./Agricultural Insurance Company, and a proposal for equipment floater insurance from Hartford Steam Boiler Insurance Company: BASE HARTFORD TOTAL INSURANCE CARRIER PREMIUM EARTHQUAKE FLOATER PREMIUM Reliance Insurance $24,224 $48,245 $907 $73,376 Affiliated Insurance $25,728 $48,245 $907 $74,880 Chubb Insurance $29,108 $48,245 $907 $78,260 Although the total property insurance premium of $73,376 is an increase of $116 from the previous policy year premium of $73,260, the City's overall exposure has increased substantially with the addition of several Pujol Street properties (including buildings) purchased by the Temecula Redevelopment Agency, the purchase of the new City Hall, and the overall increase in new fixed assets associated with the move to the new City Hall (i.e., computers, telephones, etc.). These changes resulted in an overall increase of $6,784 (from $1 7,440 to $24,224) in the base premium, and an increase of $35 (from $872 to $907) in the Hartford Steam Boiler premium. While the premium in general property insurance increased, the City's earthquake premium decreased by $6,703 (from $54,948 to $48,245) from the previous policy year. The City will maintain earthquake coverage in the amount of $1 0 million based on the total value of all City property having been assessed at $14.7 million, and the fact that total losses likely will not occur in the event of a major earthquake or flood. All carriers, with the exception of Pacific Insurance Company Ltd. ("Pacific"), are admitted carriers in the State of California. This means that if any of these carriers were to become insolvent, then the City would have the benefit of the California Guarantee Fund to pay all covered claims made during the policy period. Although Pacific is not "admitted", Pacific has a rating of A+ XV, which classifies the company as a superior performer (A+), and as one of the largest insurance carriers in financial size (XV). Additionally, since Pacific Insurance Company Ltd. is a subsidiary of ITT/Hartford Insurance, Pacific has the financial backing of one of the major insurance carriers in the nation. Therefore, the City's risk is minimal in using Pacific for earthquake and flood insurance. The attached proposals summarize the premium and coverage provided by Reliance, Pacific Insurance Company Ltd./Agricultural Insurance (earthquake and flood), and Hartford Steam Boiler. The City will receive the same overall coverage and deductibles as were received in the prior year policy. FISCAL IMPACT: Adequate revenues are available in the Insurance Internal Service Fund for the $1 5,000 appropriation required. Attachments: 1 . Reliance Proposal Summary 2.Earthquake Coverage to be Provided 3. Hartford Steam Boiler Proposal Summary RELIANCE INSURANCE COMPANY PROPOSAL SUMMARY TERM:February 26, 1997 - February 26, 1998 FORMAT: Occurrence NAMED INSURED: City of Temecula BLANKET PROPERTY COVERAGE LOCATION BUILDING CONTENTS LIMIT DEDUCTIBLE ALL $11,914,250 $1,262,605 $5,000 per occurrence OPTIONAL COVERAGE INCLUDED: COVERAGE LIABILITY LIMIT DEDUCTIBLE Debris Removal $10,000 $5,000 Pollutant Cleanup and $10,000 $5,000 Removal Preservation of Property Property Limit $5,000 Fire Department Service Property Limit $5,000 Charge Newly Acquired Property $1,000,000 $5,000 Newly Acquired Personal $500,000 $5,000 Property Building Property Off $10,000 $5,000 Premises Broadened Building Property Limit $5,000 Architect Fees Property Limit $5,000 Paved Surfaces Property Limit $5,000 Building Owner Property Limit N/A Glass Property Limit $250 Lawns, Trees, Shrubs, and $2,000 $100 Plants Recharging Property Limit N/A Detached Outdoor Signs $10,000 $100 Incidental Locations $10,000 $5,000 Personal Effects $10,000 $100 Transit $5,000 $250 Brands and Labels Property Limit $5,000 Water Damage Property Limit $5,000 Arson Reward $5,000 N/A Crime Reward $1,500 N/A Change in Temperature $25,000 $250 Valuable Papers $1,050,000 $1,000 Accounts Receivable $25,000 N/A Jewelry and Watches $2,500 $100 Fur and Fur Garments $2,500 $100 Patterns, Dies and Molds Property Limit $5,000 Extra Expense Property Limit N/A Water Backup Property Limit $5,000 Money and Securities $5,000 N/A Media $25,000 $5,000 Fine Arts $25,000 $5,000 Breakage for Fine Arts Not Covered N/A Inventory or Appraisal Cost $10,000 N/A Loss Adjustment Property Limit N/A Ordinance or Law - $500,000 $5,000 Coverage A Ordinance or Law - $500,000 $5,000 Coverage B Ordinance or Law - $500,000 $5,000 Coverage C Off Premises Services Not Covered N/A (Direct Damage) INLAND MARINE COVERAGE PROVIDED BY RELIANCE ELECTRONIC DATA PROCESSING EQUIPMENT (EDP) OCCURRENCE LIMIT: $951,638 DEDUCTIBLE: $500 COINSURANCE: Agreed Value VALUATION: Replacement Cost COMPUTERS/PERIPHERAL DEVICES LIMIT: $735,556 COVERAGE LIMIT DEDUCTIBLE Air Conditioning Damage Included Included Discharge of Extinguishing $5,000 N/A Agents Duplicate Software $50,000 Included Extra Expense $60,000 N/A Flood and Water Damage Not Covered Incompatibility of Software $5,000 Included Laptop and Portable $5,000 Included Equipment New Acquired Locations $500,000 Included Transfer Between Locations $500,000 Included Transit $10,000 Included OTHER INLAND MARINE COVERAGE PROVIDED BY RELIANCE OCCURRENCE LIMIT: $339,280 DEDUCTIBLE: $1,000 COINSURANCE:Agreed Amount VALUATION: Actual Cash Value SCHEDULED EQUIPMENT: 1991 Massey Ferguson Trailer $31,500 2 Utility Trailers $7,910 1992 Flexo Arrow Trailer $5,500 Speed Limit Sign $10,000 John Deere 310D Backhoe $64,760 COVERAGE LIMIT DEDUCTIBLE Borrowed Property on Any $1,500 $500 One Item Employee Tools and $5,000/$1,000 $500 Clothing/Any One Employee Misc Tools and Equipment $1,000 $500 Any One Item $500 Newly Acquired Property $25,000 $500 Rental Reimbursement $10,000 $500 Valuable Papers and $1,050,000 $1,000 Records Mobile/Communication $204,610 $1,000 Equipment Scheduled Equipment $119,670 $1,000 Additional Newly Acquired $15,000 $1,000 11 Equipment/Property HARTFORD STEAM BOILER INSURANCE PROPOSAL SUMMARY BOILER & MACHINERY COVERAGE OBJECTS COVERED:Pressure and Refrigeration Objects Mechanical Objects Electrical Objects Comprehensive Excluding Production Machinery COVERAGE LIMIT DEDUCTIBLE Direct Damage $3,500,000 $1,000 Expediting Expense $5,000 1000 EARTHQUAKE COVERAGE TO BE PROVIDED BY PACIFIC INSURANCE COMPANY, LTD. AND AGRICULTURAL INSURANCE COMPANY PERILS INSURED:Earthquake and flood, and perils resulting in difference in conditions. INTERESTS COVERED:Buildings, contents, extra expense, valuable papers, electronic data processing (EDP) hardware and software, and EDP extra expense. LIMITS OF LIABILITY:$10,000,000 per occurrence, with separate annual aggregate with respect to earthquake and flood. The first $5 million is provided by Pacific, and the supplemental $5 million is provided by Agricultural. DEDUCTIBLES:1 0% per unit of insurance, including time element as a unit $100,000 minimum per occurrence for earthquake $50,000 per occurrence for flood $25,000 per occurrence - all other perils EXCLUSIONS:Pollution, contamination, theft, asbestos VALUATION:Replacement cost, except actual loss sustained on extra expense. ITEI\4 5 APPROVAL CITY ATTORNEY FINANCE DIRE CT.,C CITY OF TEMECULA AGENDA REPORT TO:City Manager/City Council FROM:June Greek, City Clerk DATE:February 1 1 , 1 997 SUBJECT:Records Destruction Approval PREPARED BY: Kathy Di Meglio, Records Coordinator RECOMMENDATION: Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. BACKGROUND: On March 22, 1992, the City Council approved Resolution No. 92-17 which authorizes the destruction of certain City records which have become outdated, obsolete or are excess documents, in compliance with State of California Government Code, Sections 34090 through 34090.7. Attached Exhibit "A," lists records from the Finance Department, Daily Cash Receipts from July 1990, through June 1991, Tuffs Index number 402-02. These records have been identified within Group IV of the retention schedule. They have been microfilmed in duplicate, with a copy distributed to the City Clerk's Records Vault, and a copy to the Vault in San Diego. The microfilming of these records complies with the requirements of Government Code Section 34090.5. Attached Exhibit "B," lists records from the Human Resources Department, identified as Terminated Employee files from March 1990, through December 1991, within Group XV, of the retention schedule. The City Attorney has reviewed this request and has signed both Exhibits, as provided for in Resolution No. 92-1 7. ATTACHMENTS:Destruction of Records Requests, (Finance and Human Resources) Exhibits "A" and "B," Lists of Records recommended for destruction v:\wp.destroy.ar 01 2997 304-03 TO:City Clerk FROM:Kathy DiMeglio Records Coordinator DATE:February 11, 1997 SUBJECT: Destruction of Records Request Attached is a print out of- Daily Cash Receipts 7/90 to 6/91(Retention Code 40202) . These records have been microfilmed in duplicate widi a copy distributed to the City Clerk's Records Vault, and a copy to the Vault in San Diego. The microfilming of these records complies widi the requirements of Govermuent Code Section 34090.5. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Section 34090.5, I hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. ............ ... ........ .. ... ...... ... ........... .. ... ............... .. . ............ .. .. R.OVED@@. ........... ................................ ........... ............... @ll., I .. ........ .. 1.@..@.@.@@ ............ .................. . I.. I.. I I ... ................... . ...... ... ........... .. ... .. ..... .................. ......... ...... .. ........................ ........... .................. ............ ........ .. ........... .. .. ........ ... ........... ... .. T .. ........ .. ............ .......... .. ........ .. ........ . ............. ..... .. .. .. ........ ... ... - - .... .. ... . . .. ........... .. .... . ... ............ ... .. ........ .. .. . .. .. ....... .. ........... ............ ...... .............. .. .. ......... .. .............. 11.1.1 ........ ... ...... . ......... ............... ........... ...... ..... .. ........... .. ............................ ........... . ........... .............. .. .. .. .. ..... ..... ........ ..... ......... ... ....... ...I ... ............... .. ......... .. .................... .. .. .. . ...... .. .. .. ..... . .................... ...... .. .. .. ..... ... ............. .. I.., ...... ..... .. ................ .. .. ..... ..... .. . ... ..... .. ........... .... ........... .. . ............... .............. ........... ........ .. . . . .. ....... ... . ........... . ......... .. . . .... . .. ...... ......... . ........... ;:c . . .... .. ......... .. .. . .... ........... .. . . .. ...... ............ ......... ... .. ........ .. .. ........ .. . .. ........... .. .. ... ......... rsoxi.,: Ci . .......... .. .. .. .. .. .. .. .. .. ..... .. ........ ........... . ..... ..... .. . ......... .... . . ......... .. ..... .. .. .. ........ .. .............. ... . ........ .. ... .. .. .. . . . ......... .. ........ .. .. ................ .. ........ .. I.."."@ @l., I'll. .................. .. ........... R:\forms\destruct.rqs EXHIBIT "A" RRDESTY ... RRO61 City of Temecula Doc. Ref..... 140 Page 1 01/21/1997 Files Ready for Destruction Retention Code... 40202 07:57:18 Destruction Date. 02/11/1997 Doc. Item Ret. File Reference Storage Media Ref. Date Ref. Brief Description Code Security Class Storage Location Location Reference - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 140 04/01/1990 CASHR Daily Cash Receipts 40202 0111 Film 382lMlAOOC3 Group IV 140/120/The Vault - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 140 07/01/1990 CASHR Daily Cash Receipts 40202 0112 Film 382lMlAOOO3 Group IV 140/120/The Vault - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 140 10/01/1990 CASHR Daily Cash Receipts 40202 0113 Film 382lMlAOOO3 Group IV 140/120/The Vault - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 140 04/01/1991 CASHR Daily Cash Receipts 40202 0114 Film 382lMlAOOO3 Group IV 140/120/The Vault - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 14 0 04/02/1991 CASHR DAILY CASH RECEIPTS 40202 0115 Film 382lMlAOOO3 Group IV 140/120/The Vault 5 Records Processed TO:City Clerk FROM:Kathy Di Meglio Records Coordinator DATE:February 11, 1997 SUBJECT:Request for Destruction of Obsolete Records Attached isa listing of records currently maintained within the Human Resources Department,that are now eligible for destruction, in accordance with the City of Temecula approved Records Retention Policy. These records, Tuffs Index number 501-01, are dated March, 1990, through December, 1 99 1, and have been identified within Retention Group XV, as outlined in Exhibit "l ", Schedule A, of Resolution No. 92-17. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Section 34090.5, 1 hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. APPROVED: Department Head-. Grant Yates, Human Resources Department Date APPROVED: City Attorney, YI@4 A /i Pete"r A@r@@n v Date Attachment: Exhibit to Request for Destruction of Obsolete Records v:\wp. kd 01 /22i97 304-03 Exhibit "B" Request for Destruction of Obsolete City Records Requested by: Human Resources Department City Council Meeting Date: February 11, 1997 Record Series Description Tuffs No. Retention Group Quantity Terminated Employee Files 501-01 xv One Box V:\wp.kd 01/22/97 304-03 ITEI\4 6 APPROVAL CITY ATTORNEY FINANCE OFFIC@R CITY MANAGER' CITY OF TEMECULA AGENDA REPORT TO:City Manager/City Council FROM:Joseph Kicak, Director of Public Works DATE:February 1 1, 1 997 SUBJECT:Authorize Reduction in Bond Amounts for Tract No. 23304 Prepared By: Peter M. Thorson, City Attorney RECOMMENDATION:That the Council take the following actions: 1.Accept the improvements completed pursuant to the Subdivision Agreement for Tract Map 23304. 2.Authorize the reduction of the Faithful Performance Bond to $26,575, and reduction of the Labor and Materials Bond to $25,000. 3.Authorize the City Manager to execute a Subdivision Improvement Agreement requiring the completion of the remaining required improvements (trees and streetlights), to be secured by the reduced bonds, and to take all other actions necessary to implement this approval. DISCUSSION: The Developer has completed all of the improvements required by the Subdivision Agreement for Tract Map No. 23304, except for the required trees and street lights. As the property is currently vacant, installation of the trees and street lights at this time would leave outstanding the issue of who would maintain the trees and street lights. There are also items remaining for sewer work estimated at $7,000. The Developer has requested acceptance of the completed improvements, reduction in the amount of the Faithful Performance Bond to $26,575, and reduction of the Labor and Materials Bond to $25,000. Staff agrees that these amounts are sufficient to secure the remaining work of improvements. We recommend entering into a new subdivision agreement, memorializing the obligations of the Developer to complete the trees and street lights. There are also items remaining for sewer work estimated at $7,600. R:\agendarpt.\23304 Counsel for the Developer has advised us that a judge in an unrelated court action has ordered the City to appear at a settlement conference scheduled for February 1 3. Apparently, the excess collateral securing the bonds that will be released by the bond reduction is necessary to pay for the settlement in that case, and the judge wants to know when the bonds will be reduced. Thus, we recommend that the City act on this matter this evening. FISCAL IMPACT: None. R:\agendarpt.\23304 ITEI\4 7 CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: February 1 1, 1 997 SUBJECT:Approval of Cooperative Agreement with the Temecula Redevelopment Agency for Construction and Funding of Winchester Road at Interstate 1 5, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-2 1) PREPARED BY: Peter M. Thorson, City Attorney Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council: 1 .Approve an Agreement entitled "Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of Winchester Road at Interstate 1 5, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21)"; and 2.Authorize the Mayor to execute the Agreement on behalf of the City in substantially the form attached to the Agenda Report. BACKGROUND: The City's Capital Improvement Plan includes the Winchester Road at Interstate 1 5, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21). This interchange is located within the Project Area of the Temecula Redevelopment Project Area 1988-1. The Agency's planning also calls for this Project to be completely funded by the Agency. The Community Redevelopment Law, a Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b) and (c) specifically authorizes such cooperative agreements allowing a city and a redevelopment agency to assist each other in the construction and installation of streets, roads, water, sewer, or drainage facilities. The Redevelopment Plan for the Temecula Redevelopment Project Area 1988-1 specifically authorizes the expenditure of Agency funds on road construction within or benefitting the Project Area. r:\agdrpt\97\021 1 \pw9421 co.op/ajp APPROVAL CITY ATTORNEY CTJ FINANCE DIRE CITY MANAGER I Completion of the Project will assist in the elimination of blight within the Project as it will complete necessary public infrastructure improvements as detailed in the City's Capital Improvement Plan within the Project Area, induce private investment in and promote expansion of the commercial areas served by the interchange within the Project Area through improved freeway access, and promote expansion of employment opportunities within the commercial areas served by the interchange within the Project Area, among others. The attached "Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of Winchester Road at Interstate 1 5, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21)" would implement the funding plans of the City and the Agency with respect to this Project. FISCAL IMPACT: The Agency's obligation under the terms of the Cooperative Agreement to date would be $2,320,469, as more specifically described on the attached worksheet. A total of $3,938,727 has been budgeted by the Agency for this project. Attachment: 1.Cooperative Agreement 2.Summary of Costs Incurred to Date r:\agdrpt\97\021 1\pw9421 co. op/aip COOPERATIVE AGREEM[ENT BETWEEN THE CITY OF TEMEECULA AND THE REDEVELOPM[ENT AGENCY OF THE CITY OF TEM[ECULA FOR CONSTRUCTION AND FUNDING OF WINCHESTER ROAD AT INTERSTATE 15, BRIDGE WI]DENING AND NORTHBOUND RAMIP P"ROVEMIENTS (PROJECT NO. PW94-21) THIS COOPERATWE AGREEMENT made and effecfive as of February 11, 1997 by and between the City of Temecula, a municipal corporation ("City") and the Redevelopment Agency of the City of Temecula, a public body, corporate and politic ("Agency"). In consideration of the mutual covenants and obligations set forth herein, the parties agree as follows: I . This Agreement is made with respect to the following facts and purposes, which each party finds and determines to be true and correct: a. The Community Redevelopment Law at Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planning, undertaldng, construction, and operations of redevelopment projects. Sections 33220 (b) and (c) specifically authorize such cooperative agreements between a city and a redevelopment agency to assist each other in the construction and installation of streets, roads, water, sewer, or drainage facilities. b. The Redevelopment Plan for the Temecula Redevelopment Project Area 1988-1 specifically authorizes the expenditure of Agency funds on road construction within or benefiting the Project Area. C. The Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21) (the "Project"), is a part of the City's Capital Improvement Plan and is located within the Project Area of Temecula Redevelopment Project Area 1988-1. d. Completion of the Project will assist in the elimination of blight within the Project Area as it will complete necessary public infrastructure improvements as detailed in the City's Capital Improvement Plan within the Project Area, induce private investment in and promote expansion of the commercial areas served by the interchange within the Project Area through improved freeway access, and promote expansion of employment opportunities within the commercial areas served by the interchange within the Project Area, among others. 2. The City and the Agency agree to cooperate and share responsibility for the design and construction of the Project in accordance with the terms of this Agreement. 3 . The City shall undertake the following responsibilities with respect to the Project: a.Prepare the necessary engineering and environmental studies for the Project; b.design the necessary improvements for the Project; C.acquire necessary rights-of-way for the Project; d.prepare necessary plans, specifications and bid documents for the Project; e.obtain all necessary permits and entitlements from Cal=w and other public agencies; R: \cip\projects\pw94\pw94-21 \agreement\coop. rda/aip f. solicit bids and award construction contracts for the Project; and 9.administer the construction contracts. 4. The Agency shall pay for all Project costs, except for such costs as the City is obligated to pay pursuant to this Agreement. City shall pay the costs of acquiring the right-of-way for the Project, which costs shall include the costs of title reports, appraisers, right-of-way agents, and attorneys. Agency shall, however, reimburse City for its payments made for the value of the right-of-way acquired. 5. The City Manager, upon the recommendation of the Director of Finance, shall determine the allocation of costs between the City and Agency pursuant to this Agreement and his or her determination shall be final. IN WffNESS "WREOF the parties hereto have executed this Agreement as of the date first written above. CITY OF TEMECULA BY: Patricia H. Birdsall, Mayor Attest: June S. Greek, City Clerk REDEVELOPM[ENT AGENCY OF THE CITY OF TEMIECULA BY: Steven J. Ford, Chairperson Attest: June S. Greek, Agency Secretary Approved As to Form: Peter M. Thorson, City Attomey/Agency General Counsel 2 R.-\cip\pro@\pw94\pw94-21\agreement\coop.rda/njp CITY OF TEMECULA WINCHESTER ROAD INTERCHANGE SUMMARY OF COSTS INCURRED TO DATE AS OF JANUARY 30, 1997 Costs Costs Costs Total Costs Incurred Incurred Incuffed Incuffed Vendor/Contractor Description of Work Performed 1994-95 1995-96 1996-97 To Date Riverside County / GSA Building Services Right of Way Acquisition Services 9,574 10,285 116 19,975 E S I Employment Services Project Inspection 20,968 7,900 28,868 Rancho Bell Blueprint Co. Blueprinting 4,105 4,105 Eastem Municipal Water District (EMWD) Sewer Relocation Inspection 3,940 3,940 Riverside Construction Company Construction 1,002,557 1,099,595 2,102,152 Leighton & Associates Gootechnical Services 32,619 15,279 47,898 McDaniel Engineering Co. Constniction Consulting Services 2,260 9,777 12,037 L D King Inc. Project Inspection 96,417 96,417 GTE Facilities Relocation 3,077 3,077 Riverside County Flood Control Encroachment Permit 600 600 Parsons Brinckerhoff Plan Review-Santa Gertudis Bridge 1,400 1,400 9,574 1,076,734 1,234,161 2,320,469 mcdeffnt\winchcst.wb2 3 1 -Ian-97 I ITE 8 APPROV CITY ATTORNEN FINANCE DIREC- CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: February 11, 1997 SUBJECT:Authorize Temporary Street Closure for Construction Purposes (De Portola Road from Meadows Parkway to Butterfield Stage Road). PREPARED BY:Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer. RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 97-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR CONSTRUCTION PURPOSES IN DE PORTOLA ROAD FROM BUTTERFIELD STAGE ROAD TO MEADOWS PARKWAY , AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC CONSTRUCTION CLOSURES. BACKGROUND: Newland Associates, Inc., is developing the eastern portion of Paloma Del Sol (Paseo del Sol) between Meadows Parkway and Butterfield Stage Road as successors-in-interest to the Bedford Development/Mesa Homes/KRDC developments. Grading and other improvements for the several tentative tracts in this area necessitates substantial heavy equipment cross-traffic to move 1.2 million cubic yards of earthen materials from the area northerly of to the area southerly of De Portola Road. Once the earthwork has been basically completed, the next phases of work include substantial water main, storm drain, and street widening improvements including median island installation, within the reach between Butterfield Stage Road and Meadows Parkway. The nature of this ongoing grading necessitates constant interference with through vehicular traffic. The next phases, due to the depth and width of trenching required to install the water and storm drain facilities and the inherent nature of street construction, would also require periodic street closures to facilitate these items of work. It would therefore be prudent to close the street until the street is again passable. R:\AGDRPT\97kO2l 1\DEPORTOL.CLS Under Vehicular Code Section 21 101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". Staff recommends that temporary street closure for the estimated four to eight month period of construction be authorized. All necessary traffic control signage, appropriate detour signage and coordination with Assessment District No. 159 widening/reconstruction of Highway 79 (S) would be reviewed and approved by Staff. FISCAL IMPACT: None. The developer will be responsible for appropriate construction zone and detour signing. Attachment: Resolution No. 97- Vicinity Map/Conceptual Detour Plan Letter of Request for street closure. R:\AGDRPT\97\021 1\DEPORTOL.CLS RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEM[ECULA, CALI[FORNIA, AUTHORIZING STREET CLOSURES FOR CONSTRUCTION PURPOSES IN DE PORTOLA ROAD FROM B STAGE ROAD TO MEADOWS PARKWAY, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC CONSTRUCTION CLOSURES. TIHE CITY CO'LJNC]IL OF THE CITY OF ORDER AS FOLLOWS: ULA DOES RESOLVE, DETERMINE AND S, The California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, AS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, The City of Temecula desires to authorize the closure of public street for the construction of major facilities including related grading, for which such temporary street closures promote the safety and protection of persons normally using or proposing to use those streets by closing that street to through traffic, and providing a suitable detour route and plan; NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closure of De Portola Road from Meadows Parkway to Butterfield Stage Road for construction purposes. THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit temporary street closures of De Portola Road for construction purposes from Meadows Parkway to Butterfield Stage Road, subject to conditions, and affirms the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 1 Ith day of February, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, City Clerk R:kAGDRP-R97\021 I KDEPORTOL.CLS ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 97- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the I 1 th day of February, 1997, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: OR VICINI TY A4AP ROAD I CLOS-8 -C@ TEMEcul FOE-PORTOLA RO.1 ATIOML INC. 00 TR JAL OUR 'PL. 'A De Portola Road Temporary Street Closure Vicinity Map & Conceptual Detour Plan- NOTE:MAPS NOT TO SCALE RECEIVED JAN 1 5 1997 NEWLAND CITY C)r- TEMECULA ASSOCIATES @NGINEERING DEPARTMENI January 15, 1997 Mr. Ron Parks CITY OF TEMECULA Public Works Department P.O. Box 9033 5@,5 Temecula, California 92589-9033 2()(I Re Street Closure Request - DcPortola Road 'ItII' LI3 Dear Ron-. As you are aware, Newland Associates, Inc. is developing the eastern portion of Paloma Del Sol (Pasco del Sol) and is currently rough grading the southeastern portion of the property within Tracts 24182 through 24186. This grading operation requires 1,250,000 c.y. of dirt to be transported from north of DePortola Road to the south side of DePortola within Tract 24182 and 24183, In addition, the development plan requires installation of a major storm drain facility, sewer lines, a 20" water transmission line, plus the installation of a center median island, all within the existing DePortola Road from Butterfield Stage Road westerly to proposed Meadows Park-way. We recognize that installation of these facilities wi 'II disturb most of the existing pavement, making replacement of this roadway inevitable. To help facilitate our grading operation and other improvements, Newland Associates is hereby requesting closure of DePortola Road from Butterfield to the proposed Meadows Parkway, as shown on the Conceptual Detour Plan (attached). This closure will not only expedite completion of our improvements, but will reduce the interface between the public and heavy equipment. In the interest of public safety and public convenience, we suggest that DePortola Road be closed for a minimum of 4 to 8 months. We would be available to discuss this with you at your earliest convenience. Please do not hesitate to contact me at 909/694-5572 if you need additional information. Your cooperation in this matter is greatly appreciated. Very truly yours, NEWLAND ASSOCIATES, INC. Dean R. Meyer Director of Engineering and Development DIMar CC' Jim Delhamer EI\4 9 APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER@-'@ CITY OF TEMECULA AGENDA REPORT TO:City Council/City Manager FROM:Joseph Kicak, Director of Public Works/City Engineer DATE:February 11, 1997 SUBJECT:Murrieta Creek Channel Right-Of-Way Transfer Cooperative Agreement PREPARED BY: Ronald J. Parks, Principal Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: That the City Council: 1Approve the agreement between the City of Temecula (City), Riverside County Flood Control and Water Conservation District (District) and Jan E. And Deborah Weilert (Property Owner) which provides for the transfer to the District fee title to certain rights- of-way along Murrieta Creek, at such unknown time in the future when the property is needed for the construction, inspection, operation and maintenance of Murrieta Creek Channel. 2.Authorize the Mayor to execute said agreement. BACKGROUND: On August 19, 1996, the City of Temecula Planning Commission approved Planning Application PA96-0132 (Conditional Use Permit), an approximately 20,800 square foot boat sales and service facility located on the west side of Front Street immediately south of the existing Jan Weilert R.V. Facility, subject to certain Conditions of Approval. One of the conditions imposed by the District was the right of way for the ultimate Murrieta Creek improvements to be set aside as an Offer of Dedication to the public for drainage purposes. In compliance with that condition, the District and the Property Owner prepared the agreement. The latter is already signed by County Counsel and the Property Owner; the Chairman of the Board of Supervisors will sign the agreement upon receipt of City Council's approval and the Mayor's signature. FISCAL IMPACT: None Attachment: Cooperative Agreement r:\agdrpt\97\021 I\murrcrk.cop/aip Attachment No. 1 The Agreement r:\agdrpt\97\021 1 \murrcrk.cop/ajp AGREEME@T 2(Planning Application 96-0132) 3APNS 922-110-018, 019 and 026 4 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION 5DISTRICT, hereinafter called "DISTRICT", CITY OF TEMECULA, hereinafter 6called "CITY", and JAN E. and DEBORAH WEILERT, Husband and Wife as Joint 7 Tenants, hereinafter called "PROPERTY OWNER", hereby agree as follows: 8 RECITALS 9 A.PROPERTY OWNER has submitted for approval a Planning 10 11Application in the City of Temecula ("PA No. 96-013211) and as a condition 12for approval, PROPERTY OWNER must offer for dedication to the public 13certain rights of way necessary for the future construction, inspection, 14operation and maintenance of a portion of proposed Murrieta Creek 15Channel, hereinafter called "RIGHT OF WAY", as shown in concept in blue 16on Exhibit "Al' attached hereto and made a part hereof; and 17 B. CITY is willing to consent to the recordation of the 18Irrevocable Offers of Dedication for RIGHT OF WAY as set forth herein, 19 and to accept and convey said rights of way to DISTRICT upon request by 20 DISTRICT; and 21 C.DISTRICT desires PROPERTY OWNER to convey to DISTRICT, at i 22 23some unknown time in the future as set forth herein, fee simple title to 24RIGHT OF WAY; and 25 D. PROPERTY OWNER is willing to convey said rights of way to 26DISTRICT. 27 28 1 IT IS THEREFORE mutually agreed as follows: 2 1.PROPERTY OWNER shall provide DISTRICT with duly executed 3 Irrevocable Offer(s) of Dedication to the public for RIGHT OF WAY, for 4 5 flood control purposes, including ingress and egress. At that time, 6PROPERTY OWNER shall further provide DISTRICT with Preliminary Reports 7of Title, dated not more than thirty (30) days prior to date of 8submission for all the property described in the Irrevocable Offer(s) of 9Dedication. 10 2. Upon recordation of the offer(s) of Dedication as set forth 11in Paragraph 1, PROPERTY OWNER shall be granted Murrieta Creek Area 12 Drainage Plan right of way credit for RIGHT OF WAY, pursuant to the 13 ., Rules and Regulations for Administration of Area Drainage Plans", dated 14 June 10, 1980 and as amended. 15 16 3. CITY shall, by execution of this agreement, consent to the 17recording of the Irrevocable Offer(s) of Dedication furnished by PROPERTY 18OWNER pursuant to this agreement. 19 4. DISTRICT shall record or cause to be recorded, the 20Irrevocable offer(s) of Dedication provided by PROPERTY OWNER as set 21forth herein. 22 5. If requested by DISTRICT, CITY shall accept the offer(s) 23 of Dedication as set forth herein, and convey RIGHT OF WAY to DISTRICT. 24 6.Upon request by DISTRICT at any time in the future, 25 PROPERTY OWNER shall convey to DISTRICT, fee simple title to RIGHT OF 26 27WAY, within forty-five (45) days of such request. 28 - 2 7PROPERTY OWNER shall furnish DISTRICT, at the time of 2 3conveyance to DISTRICT of RIGHT OF WAY as set forth in Paragraph 6, with 4policies of title insurance in the aggregate amount of not less than one 5hundred thousand dollars ($100,000.00), or not less than twenty-five 6thousand dollars ($25,000.00) for each parcel, if it constitutes more 7than four (4) parcels, guaranteeing DISTRICTIS title to any properties 8conveyed from PROPERTY OWNER to DISTRICT as being free and clear of all 9liens, encumbrances, assessments, easements, taxes and leases (recorded 10and unrecorded) , except those which, in the sole discretion of DISTRICT, :Li are acceptable. 12 8.DISTRICT shall upon execution of this agreement, record or 13 cause to be recorded, a copy of this agreement in the Official Records 14 15of the Riverside County Recorder. 16 9. PROPERTY OWNER hereby warrants that it. is the owner of the 17property which is the subject of this agreement, and has all rights 18necessary to commit to the conveyance of said property. 19 10. Any waiver by DISTRICT or by CITY of any breach of any one 20or more of the terms of this agreement shall not he construed to be a 21waiver of any subsequent or other breach of the same or of any other term 22thereof. Failure on the part of the DISTRICT to require exact full and 23 complete compliance with any terms of this agreement shall not be 24 construed as in any manner changing the terms hereof, or estopping 25 DISTRICT from enforcement hereof. 26 27 28 - 3 11.If any provision in this agreement is held by a court of 2 competent jurisdiction to be invalid, void or unenforceable, the 3 remaining provisions will nevertheless continue in full force without 4 5being impaired or invalidated in any way. 6 12. This agreement is to be construed in accordance with the 7laws of the State of California. 8 13. Any and all notices sent or required to be sent to the 9parties to this agreement will be mailed by first class mail, postage 10prepaid, to the following addresses: 11 12 RIVERSIDE COUNTY FLOOD CONTROL JAN E. AND DEBORAH WEILERT AND WATER CONSERVATION DISTRICT 27590 Jefferson Avenue ,3 1995 Market Street Temecula, CA 92S90 Riverside, CA 92SO1 14 CITY OF TEMECULA 15City Hall 43200 Business Park Drive 16Temecula, CA 92589-9033 17 14. Any action at law orin equity brought by any of the 18parties hereto for the purpose of enforcing a right or rights provided 19 for by the agreement shall be tried in a court of competent jurisdiction 20 in the County of Riverside, State of California, and the parties hereto 21 waive all provisions of law providing for change of venue in such 22 23proceedings to any other county. 24 15. This agreement is the result of the negotiations between 25the parties hereto and the advice and assistance of their respective 26 counsel. The fact that this agreement was prepared as a matter of 27 28 4 - convenience by DISTRICT, shall have no import or significance. Any 2uncertainty or ambiguity in this agreement shall not be construed against .3 DISTRICT because DISTRICT prepared this agreement in its final form. 4 16.The rights and obligations of PROPERTY OWNER including, but 5 6not limited to, the provisions of Paragraphs 6 and 7, shall inure to and 7be binding upon all heirs, successors and assignees. 8 17. PROPERTY OWNER shall not assign or otherwise transfer any 9of their rights, duties or obligations hereunder to any person or entity 10without the prior written consent of the DISTRICT being first obtained. 11In the event of any such transfer or assignment, PROPERTY OWNER expressly 12understands and agrees that they shall remain liable with respect to any 13and all of the obligations and duties contained in this agreement. 14 18.This agreement is intended by the parties hereto as a final 15 expression of their understanding with respect to the subject matter 16 17hereof and as a complete and exclusive statement of the terms and 18conditions thereof and supersedes any and all prior and contemporaneous 19agreements and understandings, oral or written, in connection therewith. 20This agreement may be changed or modified only upon the written consent 21of the parties hereto. 22 23 24 25 26 27 28 - 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 CALIFORNIA of RIVERSIDE On JANUARY 1, 1997* before me, DATE Martha Minor, Notary Public NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC' perso nally appeared*JAN E. WEILERT AND DEBORAH WEILERT NAME(S) OF SIGNER(S) personally known tome - OR -YE] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument and ac- knowledged to me that xecuted the same in hog4hc thorized capacity(ies), and that by h*c/ba their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. A-R-T H- A- -M I -N 0- R- mmission #1063673< tary Public - CaliforniaW NESSmyhandandofficialseal. San Diego County Expires June 28, 19gg SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to -,ersons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER JESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL Planning Agreement for Right F7 CORPORATE OFFICER of Way TITLE OR TYPE OF DOCUMENT TITLE(S) 17 PARTNER(S) F-. LIMITED F, GENERAL ********Seven**** ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: F November 27, 1996 DATE OF DOCUMENT SIGNER IS REPRESENTING: SON(S) OR ENT@(I ES) SIGNER(S) OTHER THAN NAMED ABOVE Cc)l 993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 IN WITNESS WHEREOF, the parties hereto have executed 2 this agreement on (to be filled in by Clerk of the Board) 4 RIVERSIDE COUNTY FLOOD CONTROL RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT 5 6 By- DAVID P. ZAPPE Chairman, Board of Supervisors 7General Manager-Chief Engineer 8 APPROVED AS TO FORM: ATTEST: 9 WILLIAM C. KATZENSTEIN GERALD A. MALONEY County Counsel Clerk of the Board 10 By By 11 Deputy 12 Dated: (SEAL) 13 RECOMMENDED FOR APPROVAL: CITY OF TEMECULA 14 By 15 City Engineer Mayor 16 APPROVED AS TO FORM: ATTEST: 17 By: By: 18 City Attorney City Clerk 19 (SEAL) 20 JAN E. AND DEBORAH WEILERT Property Q=er as Husband and Wife 21 as Jc 22 By@ 23 24 25 Title 26 (NOTARY) 27 SVG:lib 28rcfc\10476 11/19/96 6 PLAT FIRST s 4.77' 1 -/ PROJECT ITE VICINITY 0 NO SCALE co LEGEND: DEDICA TED Lri AREA 0 0 0 cn G \RAPHIC SCALE 00 0 50 100 200 I inch = 100 ft. EXHIBIT A ITEN4 1 0 APPROVAL CITY ATTORNEY FINANCE DIRE@TOR CITY MANAGER@,'@,-@/@ CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: February 11, 1997 SUBJECT:Completion and Acceptance of the Traffic Signal at State Route 79 South and La Paz Street, Project No. PW95-13 PREPARED BY:Don Spagnolo, Principal Engineer - Capital Projects Ali Moghadam, Associate Engineer - Capital Projects RECOMMENDATION: That the City Council accept the traffic signal at State Route 79 South and La Paz Street, Project No. PW95-13. 1 .File Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and; 2.Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: The City Council awarded a contract for the installation of a traffic signal at the above referenced location, Project No. PW95-13 to DBX, Inc. in the amount of $84,036.00. This project included installation of a fully actuated interim traffic signal at this intersection. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: This project was funded by Development Impact- Signal Mitigation Fees from Account No. 210- 165-659-5804. There were two (2) change orders on this project. Change Order No. 1 in the amount of $2,350.00 for addition of a left-turn phase from SR 79(S) to La Paz and Change Order No. 2 in the amount of $916.33 to replace the street name sign panels. The total amount of the two (2) change orders was less than four (4%) percent of the total contract amount. r:\agdrpt\97\021 1\pw95-13.acc/ajp Attachments: 1 . Notice of Completion 2.Maintenance Bond 3. Contractor's Affidavit r:\agdrptN97\021 I\pw95-13.acclajp RECORDING REQUESTED BY AND RETURN TOe CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1 .The City of Temecula is the owner of the property hereinafter described. 2.The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to DBX, Inc. to perform the following work of improvement: Traffic Signal Installation at State Route 79 South and La Paz Street Project No. PW95-13 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on February 11, 1997. That upon said contract the Continental Casualty Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT PW 95-13. 6.The street address of said property is: State Route 79 South and La Paz Street. Dated at Temecula, California, this - day of , 1997. STATE OF CALIFORNIA COUNTY OF RIVERSIDE Ss CITY OF TEMECULA JUNE S. GREEK, City Clerk 1, June S. Greek, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this - day of 1997. JUNE S. GREEK, City Clerk R:\cip\projects\pw96\pwQ6-13\completn.notisip BOND# 141512756 PREMIUM: INCLUDED IN PERFORMANCE BOND CITY OF T5ft/,EC@)LA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJ,ECR NO. PW95-13 INTERIM TRAFFIC SIGNAL INSTALLA TYON 0 SR79S & LA PAZ STQEET KNOW ALL MEN BY THESE PRESENTS THAR- DBX, INCORPORATED 42066 AVENIDA ALVARADO, SUITE C, TEMECULA, CA 92590 NA ME- A.IVD A DDRESS 0 F CO N TR,4 C TOR a CORPORATION hereinafter called Principal, and iflll in whether a Cotcararion, PartnetM;p or individual) CONTINENTAL CASUALTY COMPANY 1800 E. IMPERIAL HIGHWAY, BREA, CA 92821 NAM,E AND ADDRESS Oir SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinefteroatiedOWNr:R,i@itliepenalsumof EIGHT THOUSAND SIX HUNDRED THIRTY-EIG I DOLLARS and SIXTY CENTSJ$8,638.;U---- --..--)inlawfulmoneyofthe'UnitedStates,saidsurnbeingnotiess than tan percent (100A) of the Contract value payable by the -said City of Temecula under the torrnrp of the Contract, for the payrriont of which, we bind ourselve5, successors and assiqfis, Jointly and severally, firmly by those presents, THE CONDITION OF THIS OBLIGATION is such that wi)c-reaL, the Principal entered into a certain Contract with the OWNER, dated the 14TH day at MAY ---. 19 96 , a copy of which is nereto attached and made a part hereof for the cqn$t !) U, PROJECT NO. PW95-13 INTERIM TRAFFIC SIGNAL INSTALLATION @ SR79S & LA PAZ STREET. WHEREAS, said Contract provides treat the Principal will furnish a bond conditioned to guarantee for the period of @n year after approval of the final estimate cn said job, by the OWNF-R, against all defects in workmanship and materials which mav bocorrie apparent during said period; and WHERIEAS, The qaid Contract has, bc@n romploti-d, ;ir,(i @,vari oprrc%ved on 19 NOW,THEREFORE,THECONDJTIONQFTHISOBLIGATION)SSUCH,thatif withinoneyearfrom the dateof approval of the said Contract, the work done under the tartns of said ContraCr shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear t'not defective materials were furnished thereunder, then tl)is obligation shall remain in full force andvirtue, otherwise this instrument shall be void, sioned and sealed thls 23RD day of JANUARY 19.97 (seat) SURETY CONTINENTAL CASUKL COMPANY PR PAL D INCORPORATED By: By DAVID L. CULBERTSON Ji@_Perry (Name) (Name) ATTORNEY-IN-FACT President & Sec./Treas. (Title) (Title) APPROVED AS TO FORM: (Name) Peter M. Thorson, City Attorney (Title) MAINTENANCE BOND M-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On January 27, 1997 -before me, Phyllissa G. Seamn, Notary Public Dale Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Jim Perry Name(s) of Signer(s) personally known to me - OR - El proved to me on the basis of satisfactory evidence to be the perso@) whose name(g) isYM subscribed to the within instrument and acknowledged to me that he y executed the same in his authorized capacity(ies), and that by hi signaturEKs) on the instrument the person(Y,), G. or the entity upon behalf of which the personot) acted, 1097914 executed the instrument. CO^ WITNESS my hand and official seal. MY AW It, 2000 v Signature 6( Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Perry Signer's Name: I' Individual E Individual Xi corporate officer r-i Corporate Officer Title(s): President & Sec./Treas. Title(s): Partner - 7- Limited General F-I Partner - L-1 Limited [I General Attorney-in-Fact F, Attorney-in-Fact Trustee C Trustee El Guardian or Conservator E Guardian or Conservator E Other: Top of thumb here El Other: Top of thumb here Signer Is Representing: Signer Is Representing: DBX,, Inc. 1 995 Nat o,al Notay Associa(ion - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-600-876-6827 CAIMORNI[A PURP'OSE ACKNO MENT STATE OF CALXFORNI:A COUNTY OF OPANGE On 1-23-97 before me, DIANA LASKOWSKI - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be t@e person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WI@SS my h d official seal. Signature of Notary Public COMM. #9956@ TARY PU13LIC CALI ORANGE COUNT RIM Fxpires Sept 8 I gq ,7 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DES@PTION OF ATTACRED T MAINTENANCE BOND TITLE OR TYPE OF DOCVMENT OF PAGES 2 or 1-23-97 C"ACITY C D 13Y SI INDIVIDUAL CORPOPATE OFFICER TITLE (S) PARTNER(S) ATTORNEY-IN-FACT TRUSTFE(S) OTHER: SIGNER IS REPRESENTING: CONTINENTAL CASUALTY COMPANY NAME OF PERSON(S) OR ENTITY(S) Continental Casualty Company CNA Fdw All IIN'('t*mmitnw-Ri@ Ysou %lak4-' AN ILL I NOI S CO R PO RAT IO N POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents. That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago. and State of Illinois, does hereby make. constitute and appoininiivid I - ('ul bertson , Chuck L. Fl ake , Li nda L. Cul bertson, Diana Laskowski Tndiuid--.a.lu oiAnaheim, California Itstrue and lawful Attorney-in-fact with full power and aut hority hereby conferred to sign, seal and execute in Its behalf bonds, undertakings andother obligatory instruments of similar nature _ In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if Such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX-Execution of Documents Section 3. Appointment of Attorney-in-fact. The President or a Vice President may. from time to time nt b encerliflcates Company in the excecution of policies of iniurance, bonds, und@ gs y r"' attorneys-in-fact'tb act in behalf of the cTapk,@on' anwd of her obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective ocates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attomay-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may t>e affixed by f&C31mile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified b certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to t>e valid and brndina on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its day of January -, 19- ol - CONTINENTAL CASUALTY COMPANY corporate seal to be hereto affixed on this 2()th State of Illinois i Ss County of Cook @ Vice President On this 30th -day of January I 19 91 , before me personally came J. E. Purtell, to me known, who, being by me duly sworn. did depose and say: that he resides in the Village of Glenview, State of Illinois: that he is a Vice-President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority. and acknowledges same to be the act and deed of said corporation. Linda C. Dempsey tc;tary Public. My Commission Expires Oc 19, 1994 CERTIFICATE 1, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said JANUARY 9 7 Company this 23RD day of George R. Hobaugh Assistant Secretary Form 1-23142.8 INV. NO. G-59200-B @@ t J.E. Purtell CITY OF TEMECULA, PUBLIC WOR4S DR-@ARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECTNO. PW95-13 INTERIM TRAFFIC SIGNAL INSTALLATION @ SR79S & LA PAZ STREET This is to certify that DBX, Inc. 4 (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as FIROJECT NO. PW96-13 INTERIM TRAFFIC SIGNAL INSTALLATION @ SR79S & LA PAZ STREET situated in the City of Temecula, State of California, more particularly described as follows-. Traffic Signal Installation @ SR79S & La Paz INSERT TITLE OF WORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop -lotice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts@ Description Dollar Amount to Dispute Pursuant to Public Contracts Code 7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contact amount which the CONTRACTOR has not disputed above. CONTR C)ated: January 27, 1997 By-. Jim Perry, President Print Name and Title RELEASE R-1 rkcip\proj@"G@p-96-1 3\bidap6c I /aip ITEI\4 11 APPROVAL CITY ATTORNEY FINANCE DIRECIT Y MANAGER@ CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: February 11, 1997 SUBJECT:Completion and Acceptance of the Traffic Signal at State Route 79 South and Pala Road, Project No. PW95-14 PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects Ali Moghadam, Associate Engineer - Capital Projects RECOMMENDATION: That the City Council accept the traffic signal at State Route 79 South and Pala Road, Project No. PW95-14. 1.File Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and; 2.Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: The City Council awarded a contract for the installation of a traffic signal at the above referenced location, Project No. PW95-14 to Signal Maintenance, Inc. in the amount of $67,465.00. This project included installation of a fully actuated interim traffic signal at this intersection. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: This project was funded by Development Impact- Signal Mitigation Fees from Account No. 210- 165-658-5804. There was only one (1) change order on this project which was well within the project contingency amount. Attachments: 1 . Notice of Completion 2.Maintenance Bond 3.Contractor's Affidavit r.\agdrpt@97\021 1\pw95-14.acc/ajp RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1 .The City of Temecula is the owner of the property hereinafter described. 2.The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to Signal Maintenance, Inc. to perform the following work of improvement: Traffic Signal Installation at State Route 79 South and Pala Road Project No. PW95-14 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on February 1 1, 1997. That upon said contract the Continental Casualty Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT PW 95-14. 6.The street address of said property is: State Route 79 South and Pala Road. Dated at Temecula, California, this _ day of , 1997, STATE OF CALIFORNIA COUNTY OF RIVERSIDE Ss CITY OF TEMECULA JUNE S. GREEK, City Clerk 1, June S. Greek, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this - day of 1997. JUNE S. GREEK, City Clerk fi:\cip\projects\pw9@w9b-14\complatn.notleip Bond No. 142117491 CITY OF TEMECULA, PU(3LIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW95-14 TRAFFIC SIGNAL @ PALA ROAD & ROUTE 79 SOUTH KNOW ALL MEN BY THESE PRESENTS THAT: signal Maintpnanrp, Tnr 228@@ Via Rtirtnn, A n3 hpim- CA @08 NA ME A ND A DDRESS OF CON TRA C TOR- a -Corporation fflaf I,n orher a Corporatio @, Pwnershio o., ind&iduw) Continental Casualtv Comvany@ 3700 Crestwood-Parkw , NW; Duluth, GA 30136 IVA rWg AND ;FDDR,-SS OF SUq@ hereinafter called SURETY, are hold and firmly bound unto CITY OF TEMECULA, hereinaftercalledOWNER,Inthapenalsumof Sixty-Seven Thousand, Four Hundred and Sixty-Five I)OUAFTE, and 0/100 @S (S 67 - 4f in lawful money oi the United States,.said sum being not less than ten percent (10%) of the Contract value payable by the said City of Tomec%As under the terms of the Contract, for the payment of which, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the of v .19 yNch is hereto attached and made a part hereof for @ construction of PROJ NO.IAXII,4f c SIGNAL 0 PALA ROAD & RDtffE 79 SOTITH. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of @ year after approval of the final estimate an said job, by the OVME-R, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Conti-act has been completed, and was approved on 19 NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, that it within one yea(frorn @ date of approval of the said Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the cafrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, thon this obligation shall remain in full force and virtue, othermse this instrument shall be void. , hereinafter called Principal, and MAINTENANCE BOND M-1 Si;_ined aind sealed this 23rd day of December 19 96 (Seal-, Continental Casualty Company Signal Maintenance, Inc. Suiqla-Ty PRINCIP Catherine M. Lindsay @erZZO (Name) Attorney-In-Fact Pre@ent (Title) APPROVED AS TO FORM: hompson (Name@ Peter M. Thorson, City Attorney Assistant Secretary (Title) MAINTEN*NCE BOND PA- 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On January 7, 1997 before me, Margarita C. Oftosson, Notary Public Dale Name and Title of Officer (e.g., "Jane DoL, Notary Public") personally appearedLeroy J, Ogg, Jr. & James R. Thompson Name(s) of Signer@s) LY,personally known tome - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i@re subscribed to the within instrument and acknowledged to me that h@they executed the same in h@their authorized capacity(ies), and that by h heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ARffA C. OTFOSM WITNESS my hand and official seal. 1994 g - - - - - - Signature of Notary Public OPTIO Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Cl Individual I ', Individual L Corporate Officer El Corporate Officer Title(s): Title(s): L-1 Partner Limited LJ General F7@ Partner - LI Limited 11 General Cl Attorney-in-Fact E Attorney-in-Fact El Trustee El Trustee El Guardian or Conservator E Guardian or Conservator -oi) of ihunb here Top of thumb here Other: F@, Other: Signer Is Representing: Signer Is Representing: Epp;; Pero;; g ;: g 1994 National Notary Association - 8236 Remmel Ave., PO. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY APPO G INDIVI]DUAL ATTO@Y-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called 'the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Edward L. Mitchell, C, A. Driver, Sandra J. Mathis, Sandra S. Carter, Catherine M. Lindsay, Individually of Atlanta, Georgia their true and lawfw Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness VVhereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this i 9th day of February 1 1996 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA M.C. Vonnahme Group Vice President State of Illinois, County of Cook, ss: On this 19th day of February 1996 , before me personally came M. C. Vonnahme , to me known, who, being by me duly swom, did depose and say: that he resides In the Village of Darien , State of Illinois; thatheisaGroupVicePresidentofCONTINENTALCASUALTYCOMPANY,NATIONALFIREINSURANCECOMPANYOFHARTFORD, and AMERICANCASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the sealsof said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuarrt to like authority, and acknowledges same to be the act and deed of said corporations. My Commission Expires October 19,1998 Linda C. Dempsey Notary Public CERTIFICATE 1, John M. Littler , Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this-23rd dayof December 1996. CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF IIARTFOPD AMERICAN CASUALTY COMPANY OF REtADI@4G, PENNSYLVANIA John M. Littler (Rev.7/14/95) Ass@nt Seciv-,Iary SLN I tSY: 12-20-96 ;10:43AM ; CITY OF TEMECLLA- 714 5633178;# 4/ 4 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW95-14 TRAFFIC SIGIVAL @ PALA ROAD & ROUTE 79 SOUTH This is to certify that SIGNAL MAINTENANCE INC. I (hereinafter the 'CONTRACTOR") declares to the City of Temecula, under oath, that helit has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW95-14TRAFFIC SIGNAL 0 PALA ROAD & ROUTE 79 SOUTH situated in the City of Temecula, State of California, more particularly described as follows: Pala Road @ Rte 79 S - SCC Job Number 10-322 INSERT TITLE OF WORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute - None - Pursuant to Public Contracts Code 7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contact amount which the CONTRACTOR has not disputed above. CONTRACTOR Dated:- January 14, 1997 By: Signature Martin Eichmann, Construction Manager Print Name and Title RELEASE R-1 r\cip\pro*te@s- 1 4*Wspoc ITEI\4 12 APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER)'@@)"/t CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: February 11, 1997 SUBJECT:Completion and Acceptance of the Construction of FY96-97 Citywide A.C. Repairs, Project No. PW96-10 PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council accept the construction of FY96-97 Citywide A.C. Repairs, Project No. PW96-1 0. 1 .File Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and; 2.Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: The City Council awarded a contract for the construction of FY96-97 Citywide A.C. Repairs, Project No. PW96-10, to Universal Asphalt in the amount of $169,469.45. This project included removal and replacement of 61,476 square feet of A.C., 23,665 square feet of A.C. overlays and 2,440 linear feet of A.C. berm. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about February 1 9, 1 997, 30 days after the Notice of Completion has been recorded. FISCAL IMPACT: This project is a Public Works Annual Maintenance Project and is being funded from Account No. 001-164-601-5402, Routine Street Maintenance. There was one (1) change order on this project. Change Order No. 1 in the amount of $11,005.69 was for additional removal and replacement of A.C., over-the-side drains, additional overlays and berm installations. The total amount of the Change Order No. 1 was less than 6.5% of the total contract amount. -I- r: \agdipt\97\021 I\pw96- I O.acc/ajp Attachments: 1 . Notice of Completion 2.Maintenance Bond 3. Contractor's Affidavit -2- r: \agdrpt\97\021 I\pw96- 10. acclajp RECORDING REQUESTED BY AND RETURN TO, CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1 .The City of Temecula is the owner of the property hereinafter described. 2.The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to Universal Asphalt to perform the following work of improvement: FY96-97 Citywide A.C. Repairs - Project No. PW96-10 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on February 11, 1997. That upon said contract the Fidelity and Guaranty Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT PW 96-10. 6.The street address of said property is: Various City Streets within the City of Temecula. Dated at Temecula, California, this - day of , 1997. JUNE S. GREEK, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE Ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this _ day of 1997. JUNE S. GREEK, City Clerk R:\.ip@projecto\p@ 9 6\p@6- I O\completn.not/.ip SINGLE COPY BOND NO.: 40012044030963 CITY OF TEMECLJLA, PUf3t-IC WORKS DFPAR T MFN T MAINTENANCE BOND PROJECT NO. PW96- 10 FY 96-97 CITYWIDE A. C. STREEI'RCPAIRS KNOW ALL MEN BY THESE PRESENTS THAT:UNIVERSAL ASPHALT CO., INC. 10610 PAINTER AVENUE --SANTA -FE SPRINGS, CA 90670 NAME AND ADDRESS OF CONTRACTOR hereinafter called Principal, and CORPORATION (fill in whether a Cotpurs f/oW, Partnerstiip or @dividual) FIDELITY AND GUARANTY INSURANCE COMPANY 3230 E. IMPERI SUITE 116 N IVAMEAND ADDRFSS OF SU#RETY hereinafter called SURETY, are held and firmly bound uiitu CITY OF ! EM@CULA, bereinaftl%r called OWNER, in the penal sui-o of - -ONE.HUNDRED EIGliU-THREE THO-U@ ONE HLTN!VE- DOLI.AAS and FOURTLU- CENTS IS 183,175.14in lawful money of the tjnited Stfite.-3. said stim being not less than ten percent (10'Yo) of h C@tract veilug peiyable by the said City of I efnecule under the terms of the Contract, for the paymoit of which, vvo bind ourselves, Successors and assigns, jointly and severally, firmly by these pregonts. THE CONDITION OF THIS OBLIGATION is such ttiat whereas, the Priricipal entered itito a certain Contract with the OWNER, dated thi3 27TH day of - ATJGUST-, I 1 9@, a copy of which Is hereto attached and made ii pfirt herpol for thF3 constrtictior of PROJECT NO. PW96-10 FY 96-97 CITYWIDE A.C. STREET rttPAInS. WHIEREAS, said Contract provides that the Principal will furnisli a bond Conditioned to guarantee for the period iDf = year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and mniefial6 wlilcii inav become appoterit doriiig sold per:od; and WHEREAS, thL- Said Contract has been completed, iinci w,-iq FipprovH(i on 19 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If Within one year from the daite of approval of the said Contract. tl-ie work done under thA ttirms of said Contract shall d'sclotm poor workmanrhip in the execution of ilaid work. and tile carrying out of the terms of said Contracts or it shall appear that defective i-tiaterials wet ei furni3l)e(J ll)erevtider, tl)en this obligation sliall rGm3in in full force and virtue, otherwise this inrtr(jmpnt -;hill be void. Signed and seated this 9TH day of __ jANuARY 19 97 FIDELITY AND GUARANTY INSURANCE COMPANY UNIVERSAL ASPHALT CO., INC. PRIN RY (Nar-ne) c- ATTORNEY-IN-FACT (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attortley(Nmme) (Title) CALIFORNILA ALL-PURPOSE ACKNOWLEDGMENT SEate of California County of ORANGE 1-9-9 7 On before me, JERI SUMNER Notary Pubfic Dw t4@ personally appeared JANINA BEAITDRY ,Nwm of Si@s) LX personally known to me OR 1'7 proved to me on the basis of satisfactory enidence to be the person(s) whose the person(s) whose name(s) Ware subscribed to the within insuument and acknowledged to me that he/she/thcy executed the same in his/her/their authorized capacity(ies), and that by his/her/their sigrianlrc(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the ent. JERI SIJMNER comm. * IMM83 SS mv hand and official otary PLbllc - @lifomIC3 LOS ANGELE3 COU.Nqy -mv Comm. Expires JUL 31.1998 Si Reebok Ow bci@ %s mm by it @c @@ic to rcMM on Lhc @t wA =Wd of form CAPAC@ CLA]IMED BY SIGNER DESCREPTION OF ATTACHED DOCUMENT @IN-IDUAL4S) CORPORATE OFFICER(S) TrrLES(S) TITLE OR TYPE OF DOCUMENT Cl PARTNERXS) r 17 GENERAL NL'MBER OF PAGES A-rroRNF-Y-IN-FACT Cl TR Cl GUARDL4,NICONSF-RVATOR Cl OTHER. DATE OF DOCUMENT SIGNER IS ILEPRJESENTING: NAME OF PERSON(S) OR (EES) SIGNER(S) OTHER THAN NAMED ABOVE 629718 Fidelity and Guaranty Insurance Company U S F+G@ Power of Attorney No, 9701 Know all men by these presents: That Fidelity and Guaranty Insurance Company, a corporation organized and existing under the laws of the State of Iowa andhavingitsprincipalofficeattheCityotBaltimore,intheStateofMaryland,coesherebyconsttuteandappoint Mike Parizino, John M. Garrett, James W. Moilanen, Janina Beaudry, Judith K. Cunningham and Lourdes Landa ofthecityof Santa Ana Stateof California its true and lawful Attorne@s@n-Fact, each in their separate capacity it more than one is named above, to sign its name as surety to, and to execute. sea] and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertaking required or permitted in any actions or pf Dceedings allowed by law. In Witness Whereof, the said Fidelity and Guaranty Insurance Company has caused this instrument to be sealed with its corporate seal, duly attested by the s gnatures of its Vice President and Assistant Secretary, this 22nd day of March . A.D. 1996. Fidelity and Guaranty Insurance Company (Signed) By sident (Signed) By nt Secretary State of Maryland I SS: Baltimore City On this 22nd dayof March A-D. 1996 before me personally came Gary A. Wilson, Vice President of Fidelity and Guarafq Insurance Company and Thomas J. Fitzgerald, Assistant Secretary of said C4Mpany. with both of whom I am personally acquainted, who being by me severally duly smm, said, that they, the said Gary A. Wilson and Thomas J. Fitzgerald wete:r@tively the Vice President .and the Assistant Secret* of the said Fidelity and Guaranty Insurance Company, the corporation described in and which ex@to.the foregoing Power cf.Arorney; that they each, the seal of said corporabon@ that the seat affixed to said Power of Attorney was such corporate seal, that it, was So affixed by order the Board of Directors of -@ration, and that they signed their names thereto by like order as Vice President and Assistant Secretary, respec"' ly, of the Compa@ My Commission expires the Ist dayof Au.giA@ A.D@ 19 9 8. (Signed) By. This Power of Attorney is granted under and:,Dy.,,auftrity of the following Resolutions adopted by the Board of Directors of the Fidelity and Guaranty Insurance Company, September 24.1992@ Resolved, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments re@ating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomeos@in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Poweos) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President of an Assistant Vice President. jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(sHn-Fact for purposes only of executing in and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding uoon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. Resolved, That Atiorne@sHn-Fact shall have the power and authority, unless subsequently revoked and , in any case. subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, ano any such instrument executed by such Attorney(sHn Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company 1. Thomas J Fiugerald. an Assistant Secretary of 'he Fidelity and Guaranty Insurance Company. do hereby certify that the foregoing are true excerpts from the Resolutions of the said Company as adopted by its Board of Directors on September 24, 1992 and that these Resolutions are in full force and effect @, the undersigned Assistant Secretary of the Fidelity and Guaranty IRSUFance Company do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked, in Testimony Whereof, I have hereunto set my hand and rance Company ontnis9TH dayof JANUARY 19'7 ............... sistant Secretary 83(5-951 SENT BY: I- 7-97 ;10:IOAM CITY OF TEMECULA-00000000000000000000;# 4/ 4 CITY OF TEMECULA, PUBLIC WORKS C)EPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PI?OJEC T NO. P W96- 1 0 FY 96-97 CITYWIDE A. C. STREET REPAIRS This Is to certify that SAY, A-QPHAT-P CO @kvreinefter the "CONTRAr-TOR"I declares to the City of Temecul3, under oath, that helIt has paid in full for all materials, suppiiel, labor, services, tools, equipment, and all other bills contracted for by the CONTFIACTOR or by any of the CONTRACTOR's agents, enioloyees or subcontractors used or in contribution to the execution of It's contract with the City of Temecula, with regard to the building, erection, construction, or repair of thqt certain work of improvement known as PROJECT NO. PW96-10 Fy 96-97 CITYWIDE A.C. STREET FTEPAIRS situated In the City of Temecula, State of California, more particularly described as follows; FY 96-97 CITYWIDE A.C. STREET REPAIRS The CONTRACTOR declares that it knows of no unpaid debts or claims &rising out of said Contract which would constitute grounds for any third party to claim a stop notice against of any unpaid sums owing to the CONTRACTOR. Further, In connection with the finat payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute -0- Pursuant to Public Contracts Code 57200, the CONTFIACTOR dot3.% hoireby fully releaso and acquit the City of Temecula and all agents and ei-nplayees of tho City, and each of them, from any and all claims, debts. demands, or cause of action which exist or might exist in favor of the CONTRACTOFI by reason of payment by the City of Temecula of any contact amount which the CONTRACTOPI hag not disputed above. COIVRACTOR t)ated:JAN 7 L997 SHARON UTCKS SEi @rint 14-ame and Tifle ITEI\4 13 APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: February 11, 1997 SUBJECT:All-Way "Stop" - Via Norte at Del Rey Road All-Way "Stop" - Via Norte at Calle Pina Colada PREPARED BY: Ali Moghadam, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING ALL-WAY 'STOP" SIGN LOCATIONS ON VIA NORTE AT DEL REY ROAD AND ON VIA NORTE AT CALLE PINA COLADA BACKGROUND: The City received a letter from the Meadowview Homeowners Association to establish All-Way "Stop" locations at nine (9) intersections in the Meadowview area including the intersections of Via Norte and Del Rey Road, and Via Norte and Calle Pina Colada. Via Norte and Del Rey Road are 36 foot wide roads which provide primary access to the residential community of Meadowview. The speed limit is currently posted at 35 MPH on Via Norte and Del Rey Road. The request for installation of stop signs at seven (7) different locations in this area is currently being evaluated and staff's recommendation will be presented to the Public/Traffic Safety Commission as soon as the results are available. The intersection of Via Norte and Del Rey Road is currently controlled by "Stop" signs on Del Rey Road only and traffic on Via Norte is not required to stop. The intersection of Via Norte and Calle Pina Colada is also controlled by a "Stop" sign on Calle Pina Colada only. The proposed "Stop" signs on Via Norte at these intersections will establish an All-Way "Stop" requiring the traffic to stop on all approaches to these intersections. r:\agdqxN97\021 1\stopsip.@.jp FISCAL IMPACT: Funds are available in the Public Works Department Signs Account No. 00 1 - 1 64-601-5244 and Striping/Stenciling Account No. 001-164-601-5410. 4 "Stop" signs & posts @ $150.00 $600.00 4 Limit lines & pavement legends @ $50.00 $200.00 Total $800.00 Attachments: 1.Resolution No. 97- 2.Exhibit "A" - Location Map @:\.@\97\021 I\.tWign.@.jp RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIIL OF THE CITY OF TEMECULA ESTABLISHING AL@WAY "STOP" SIGN LOCATIONS ON VIA NORTE AT DEL REY ROAD AND VIA NORTE AT CALLE PINA COLADA The City Council of the City of Temecula does resolve, determine and order as follows: Section 1. The City Council has considered the facts justifying the need for the stop signs proposed for the location described in this resolution. The Council hereby finds and determines that installation of the stop signs pursuant to this resolution will enhance the public health safety and general welfare at this location and the proposed stop signs will not create any adverse conditions in the area. Section 2. Pursuant to Section 10. 12. 100, of the Temecula Municipal Code, the following "STOP" sign locations are hereby established in the City of Temecula. Via Norte at Del Rey Road Via Norte at Calle Pina Colada Section 3. The City Clerk shall ce@ to the passage and adoption of this Resolution. PASSED, "PROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 1 1 th day of February, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, City Clerk r:\a@\97\021 1 \stopsign.mod/ajp [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERS]IDE Ss CITY OF TEMLECULA I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 97- - was duly adopted at a regular meeting of the City Council of the City of Temecula on the I lth day of February, 1997 by the following roll call vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: June S. Greek, City Clerk r:\agd@\97\021 I\.topign.-&.jp EXHIBIT "A" LOCATION MAP %ADETTE CIA HE LA SOkiOPA CT A%V LOS PROPOSED ALL-WAY STOP LOCATIONS VIA KIOW RrvV I OffTEMICI( CT ci AVO SOL PASEO c IROCUE CIA 2 GUADALUPE CT 3 @ONDA CT 4 COPPER8EECH LH I 'A,4714E MLLS CIR ,4CB_IJLA ITEI\4 14 APPROVAL CITY ATTORNEY FINANCE DIRECTO CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works\City Engineer DATE: February 11, 1997 SUBJECT:Award of Professional Services Contract to Albert A. Webb Associates for the Design of the FY96-97 Pavement Management Project Project No. PW96-15 PREPARED BY:Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Albert A. Webb Associates to provide Engineering Services for the design of the FY96-97 Pavement Management Project - Project No. PW96-15 for an amount not to exceed $45,125.00. BACKGROUND: A request for proposal (RFP No. 52) for Professional Engineering Services was developed for the preparation of plans, specifications and cost estimates for the FY96-97 Pavement Management Project. This is the City's third capital project design to rehabilitate the existing streets within the City. Albert A. Webb Associates was the highest ranking firm, among those responding to the RFP, to provide these professional services. The major items identified in the scope of work provided by the consultant consists of verifying existing conditions, surveying to establish horizontal control points for the aerial photography, utility coordination, and the preparation of improvement plans, specifications and cost estimates. The consultant has provided core testing options services in their proposal. These tests will provide existing street thickness to help determine the design parameters for each repair. The proposed project consists of the rehabilitation of approximately 2 miles on Jefferson Avenue and Front Street from the northerly city limits to Rancho California (See Appendix 1) by the following methods: overlay, structural overlay, overlay with stress relief membrane, or removal and replacement. The proposed schedule is for to begin work in mid-February and have the plans and specifications ready for the solicitation of construction bids by May, 1997. -I- pwO4\agdrpt\97/021 I\pw96-15.agr FISCAL IMPACT: The total cost for professional design services for the FY96-97 Pavement Management Project is $45,125.00 which will be funded by Measure A. Adequate funds are available in account number 210-165-655-5802. ATTACHMENTSM 1.Appendix 1 2. Agreement -2- pwO4\agdrpt\971021 I\pw96-IS.agr I .y I =1 .ra@- I 0 t N.T.S. LEGEND: @-STREETS TO BE REHABILITATED 15 CITY OF TEMECUL FY96-97 PAVEMENT MANAGEMEN SYSTEM 0 APPEND17 lriir I CITY OF TEMECULA AGREEMIENT FOR CONSULTANT SERVICES FY96-97 PAVEMENT MANAAGEMIENT PROJECT PROJECT NO. PW96-15 THIS AGREEMENT, is made and effective as of February 11, 1997, between the City of Temecula, a municipal corporation ("City") and Albert A. Webb Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on February 11, 1997, and shall remain and continue in effect until tasks described herein are completed, but in no event later than February 11, 1998, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the 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 times 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 Agreement. 4.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 C & D, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed forty-five thousand one hundred and twenty-fi've Dollars and no cents ($45,125.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. -1- r:@\052\webb.agr/sch C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5.SUSPENSION OR TFRMTNATION OF AGRF@F@W@NT WIIHOUT CAIJSE. a. 'Me City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6.DF@FAIJTT OF CONSIJTTANT. 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 perfon-nance 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 (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7.OWNERSHYP OF DOCXJMFNTS. 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 -2- r:@\OS2\webb.agr/@ 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 therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, 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, 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. 8. I"FMNMCATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, 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 Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only Liability arising out of the sole negligence of the City. 9. INSURANCE REQUTR , , , . 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 Scol& of Insurance. Coverage shall be at least as broad as: (1)Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2)Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3)Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. -3- r:@\052\w&b.agr/wh (4)Errors and omissions liability insurance appropriate to the consultant's profession. b.Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1)General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3)Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4)Errors and omissions liability: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1)The City, its officers, officials, employees and volunteers are to be covered as insureds 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, its 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, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. -4- r:\jrfpkO52\wcbb.agr/@ (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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acccptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:Vll, unless otherwise acceptable to the City. f.Verification of Coveraec. Consultant shall furnish the City with original endorsements effectingcoverage required by this clause. The endorsements are to be signed by a person authorized bythat 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 effecting the coverage required by these specifications. 10.WDFPF-NDF@NT 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 or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. 1,F.GAT, RFSPONStBHnW-S. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall -5- r: \rfp\052\webb. agrlwh at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12.RFTFASF@ OF MDRMATION. 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 thereunder 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. 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 (1) 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: To City:City of Temecula 43174 Business Park Drive Temecula, California 92590 Attention:City Manager To Consultant: Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 Attn:Roger D. Prend -6- r:\rfp\052kwebb.agr/wh 14. ASSIGNMENT. 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. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Roger D. Prend shall perform the services described in this Agreement. Roger D. Prend may use assistants, under his direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Roger D. Prend from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. 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. 15. I,ICFNSES. 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. 16. C-OVERNFNG 1,AW. 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 jurisdiction over the City of Temecula. 17. ENTIRE AGREFMF-NT. 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. -7- r:\rfp\052\webb.agr/sch 18. AUTHORITY TO EXF@CITTF, 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. IN S F, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMIECULA By Ronald E. Bradley, City Manager Attest: June S. Greek City Clerk Approved As to Form: Peter M. Thorson City Attorney CONSULTANT Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 (909) 686-1070 Ry-:Roger D. Prend Principal -8- r:@\052\webb.agrlseh EXHTBIT A TASKS TO RF PFRFORMED -9- r:\rfp\052\webb.agr/mb I 01/30/97 THU 13:40 FAX 909 7881256 WEBB ASSOC. 14 002 PROJECT COST PROPOSAL Our cost proposal is provided on a fi= and rrmteiial basis in a=rdance with the anarhed Schedule of Fees. Total fees for services detailed In our proposal sham not exceed $37,700, including charges for prin@,cr, copying. mileage, telephone and po@ge- It @ t" include outside consultants such as LaBcllc-Marvin. It iq understood that the City will pay any f@. Tr-quirrd by other public agencies for their application processing, project review, plan check, and pcrmit ifsuance- INSURANCE Webb A@iatcs presently maintains both public liability and workers compensation coverage and is willing and able to meet the City's insurance artd indemnification rf--quircimnt. Webb also carries profe."ional liability insurw= of $1 million- A @cate naming the City of Temecula as additional insured will be provided at project conunencement. 01/30/97 THU 13:40 FAX 909 7891258 WEBB ASSOC. e 003 ENCINEF,RING SCOPE OF SERVICES 1.Obtain construction plans for cxisting street improvementq, and existing utilities. We wil I Assunw that utility records are accurate. 2.Perfonn a site review to rield-verify e@cr improvermnl@ and utilities. 3 .Locate horizontally to 0-5ñ fftt all fwffities for which information was unavailable during the collection of @arch daL-L 4.Notify, in writing, existing utilities (shown below) of the proposed improvL-Ment-.4 to obtain existing records and solve possible conflicts. Submit base improvement plans showing existing utilities to affcctcd public utilities for review and @ revise plans to reflect any additional utility inpul Provide coordimtion of utility relocation on dw improvement plans. A.General Telephone B.SoutMrn California a4s Company C.Inland Valley Cablevisioin D.Rancho California WaW District E.@%tern Municipal Water Di@t ]P. Southern California Edison G.Metropolitan Water District H.Riverside CouiriLy Signal Maintenance 5.Invesd,-@ and process all peffnitc, including but not @ed to the following: NPDES, Fish and Game, Arrny Corps of F-ngineers, Metropolitan Wider District, @-tem Municipal Water District, and Rancho California Water Di.(;tiiCL 6 pavenwnt replarement plans showing existing and proposed @vcments includin- pavement, cwb and gutter, stiiping, @ loops, and storm drains on City of T a qmdard tide block @cts. It is anticipated that the plans wiU incorporate severul road sections per sheet showing ft different road improvemnt treatwnts and several details. 01/30/97 THU 13:41 FAX 909 7881256 WEBB ASSOC. 0004 7.Prepare bid schedule and engineer's improvements. for @ conqtmction of @ proposcd 8.Prepare bid specification package including: bidders' instruction, bid sheet,.;, general specifications, special provisions and technical %vcificadons using City's boiler plate coi3tract documeale. inci@ng construction phasing schedule. 9Provide at least one bench ma& to be shown on projcra plans title biock- 10.Engineer to provide assistance during the bidding process by answering @qign questions. 11.@te all street existing @t monumentation and call out on construction p@ to be reset if nece@. 12.Provide at lemt one core test for ev@ 2,000 @ fcet of Pavement to the, existing street struc@ section(s). 13.Provide assistance during the construction phase by answcrina, design and construction related questions. 01/30/9T THU 13:41 FAI 909 T881256 WEBB ASSOC. 4an-30-97 llzol L. akbda 'I I dk r-s. I[ n@ 7 1.4 -%.4i& 0 SOILS. A$Pi4ALT Lsilgcblle Alturviii ESSIONAL PAVEMENT rCM40INEE] AL January 30. 1997 Nfr. Scott Hildebrandt 3-798 K4LRay Strcet Rivc"idc, Calilornia 92506 909-78'9- 1 2..'%6 I)ear hlr. llildel)randt: l@ursu;tiii to your rcccilt rcqkje,;t, I-aticlic--Murvin. liic., i.; pleased in present ilic fcillowiiig proposul for ;A dl%flociioxi analy.%is of lr4iront Street/Jeff&rson Avcnue front Moreno Road to the North City 1-imit- It i:i undcrstwd that pavei-nciit thickness inform;ttlfmi u@ iii ilie. analysis of the in-situ pavement performance will I)c supplied by others- It is important iii:Lt the pavement thickrwsses mcasured art-- from the travcled lanes and not shoulder areas (preferably the right when[ track of each traveled lane with Olle pcr lane I-,cr half lane inile.). I - I,)criectiun data will be gathered from each traveled 12ne Such that three sensor readi-ngs are recorded at each test locaiit)t@ at 200 foot intervals. LaBelle-M2rvin, Inc., Will provide ]land ltater, operator, recorder and traffic control a,. necessary to prt@tcct the traveling public apd work f4ii-ce. 2. During deflection tcstiny. operations, nibles of visual pavement ctonditintis and/or distress, cross streets. presence or ;il)scnce "r ctirl; and guiter. and other such observailtins shall Ise I a g g 4-b 41. 3-Field data collected stiuti t)c i-ettirned to t)tir omce fair proces-sing through our contputer- This procc4osing sliall pre-bduce a typed tal)tilatitboi of all 41;jt,.i aitti fit,-Id notes ifiert)#tn, which loc.qte the intersection*. of ci-i)ss streets, pertinent landinarks. field ic4suditii)nti, (.-tc. 'I'lle tallula(init -%hall include the reading of 27un S. (;@1.) ALVEN UK & SANTA ANA.,CA 'JI74PS 0 4714) 546-34" o rAx 47141 S4&-SB4'1 01/30/97 THU 13:42 FAX 909 7881256 WEBB ASSOC. IZ 007 Jan-:30-9'7 3LIzol 7:L 4 546 :L P.02 -2- all seni;ors used as well as the conversion of Road Rater Sensor Number Oiie to an equivalent Traveling Deflectometer unit. 4. An engineering review of test data to isolate or separate limits of similar deflection response for statistical summary of data providing the 90th percentile deflection) shall be made. 5, Using the traffic index and pavement thickness Information provided by the Client. the gotb percentile -deflection response will then be compared to known pavement models. This comparison will product overlay requirements for a select design period In accordance with Caltrans Test Method 3S6, and a service life reading (Nominal Ser-vice Life) for the roadways studied. 6. A Registered Civil Engineer shall supervise all operations, review completed data and prepare a signed Final report- Engineered alternative pavement rehabilitation recommendatialms based upon deflection analysis will he provided. Our fee fav- providing the Services a.% outtincd herein shall @ a Lump Surri o( $7.425.(Xi. Meetings and or services beyond die @4-ope of thi.4 project will be provided upon rcquest and appfOVal alid bil@d for in accord=ce with OUT Current Schcdule of Fee-.- Any !@i;Ll permits. licenses, 2Lnd/or insurance beyond our seandaird coverage sliall be provided by the C!Iicnt. The 4)p"iuttity to present this p-roposm is sincerely appreciated and ,should you huvc any questions. kindly call. Very I/Uiy r!$. ry-Tre,m'surer P-1 A fit: m EXHIBIT B PAYMENT @QCHFDIJI,E -10- r: \rfp\052\webb. agr/@ I 01/30/97 THU 13;41 FAX 909 7881256 WEBB ASSOC. a 005 JF,FFERSON/FRONT STREET PAVI-CMIENT REHABILITATION PROJECT LABOR-HOUR PROJECTION PHASE I- Projcct @oject @@1 ci@ TOTAL iM. PRELMMARY DESIGN Mmner Eln@ Scliedule 2 3 4 9 Utility Re@h 16 20 2 3C- Achal Topography 64 12 76 Site Analysis 2 8 9 19 PrclirWnwy Plan 7 16 26 49- MccEings 4 9 12 frOTAL 15 115 67 203 "HASE II: Pro.jact Project De-%igner/ @-al TOTAL HRS. 'ONSTRTJCTION S Manarer -@ni= an @n on Plan 4 @- 37 @-onsu-uction Pha.,iing Plan 20 8 48 @m-;t Estim=s 4 7- 4catings 4 8 12 JtU!ty Coordination 2 27 3 48 'OTAL 10 92 2 US- ASE III: ) ADMIMSTRAIION cificatic)ns Asgismnee onswxtion Meeting fiew suwl@. TAL ftwct Project Dcsignerl Cl@cai 'IYYRAL HRS. Man= Eng@@ 2 16 6 24 4 20 2 26 4 4 12 2 14 istruction Coordination W/ ity 2 20 24 8 72 12 84 A L B E R T A. WE13B FEE SCHEDULE A S S 0 C I A I E S ENGENEEMG CONSULTANTS RAT'ES CLASSIRCATIQN $/IiOLJR Office En2ine@ Senior Consultant 95.00 Principal Engineer 90.00 Project Manager 85.00 Project Engineer 85.00 Assistant Project Manager 65.00 Engineer - Designer 70.00 Designer - Senior 65.00 Designer 60.00 ment Engineer - Senior 85.00 Assessment Engineer 75.00 Assistant Assessment Engineer 50.00 Environmental Planner - Principal 75.00 Environmental Planner - Senior 70.00 Environmental Planner 60.00 Draftsman - Senior 50.00 Draftsman 45.00 Support Services Administrative Assistant -.. 50.00 Word r with Equipment 35.00 Clerical 23.00 Field Services Public Works Supervisor 60.00 Inspector - Senior 55.00 Inspector 50.00 3-Man Survey Party and Equipment 175.00 2-Man Survey Party and Equipment 130.00 t-Man Survey Party and Equipment 74.00 Electronic Distance Measuring Equipment 10.00 Survey @pwor Vehicle .55 Per Mile Outside Servicei Special Consultants and Purchased Services Cost Plus 15% Miscellaneous Incidental Expenses cost Postage Cost PrinEs, Copies. Telephone. Delivery Charges Cost Travel & Subsistence cost Mileage .35 Per Mile Computer Tirue 25.00 NOTE- All rates are subject to change based on annual inflation and cost of living adjustments. 'AFINANCE CHARGE ofanc and @ half pe@t (1-1/2%) per month (18% per yen) wiu be @ to any unpaid @at @codog (30)days @ dale of invoice. A m@aoic'g lien may be fi@ for any invoice rem&Wing uq" @ thirty (30) days ftom d= of in@e. SCHI I REV. PVT. #2 12/t/91 Misc/94-00ifee schedule ITEI\4 15 e APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works\City Engineer DATE: February 11, 1997 SUBJECT:Award of Professional Services Contract to Berryman & Henigar for the services of the Pavement Management System Up-date Project No. PW96-13 PREPARED BY:Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Berryman & Henigar to provide Services for the Pavement Management System Up-date - Project No. PW96-13 for an amount not to exceed $30,460.00. BACKGROUND: A request for proposal (RFP No. 50) was prepared for Professional Services to up-date the Pavement Management System (PMS). This system consists of compling the conditions of the existing streets into acomputer program which will develop a 5-year street maintenance program for the City.Berryman & Henigar was the most qualified firm, among those responding to the RFP, toprovide these professional services. The major items identified in the scope of work provided by the consultant consists of evaluating the existing PMS system, updating the base map, re-survey all streets, survey all new streets that are excepted for maintenance, train City staff, develop a data base, prepare a 5-year report establishing a prioritized list of projects with recommended improvements based on a cost-benefit formulas. This report will be included in the Capital Improvement Project (C.I.P.) Program. FISCAL IMPACT: The total cost for professional design services for the Pavement Management System Up-date is $30,460.00 which will be funded by Development Impact/Public Facilities Fees. Adequate funds are available in account number 210-165-669-5802. Attachmentso 1. Agreement -I- pwO4\agdrptN97\021 I \pw96-13.agr CITY OF TEMECULA AGRE T FOR CONSULTANT SERVICES PAVEMENT MANAGEMENT SYSTEM UP-DATE PROJECT NO. PW96-13 THIS AGREEMENT, is made and effective as of February 11, 1997, between the City of Temecula, a municipal corporation ("City") and Berryman & Henigar ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM, This Agreement shall commence on February 11, 1997, and shall remain and continue in effect until tasks described herein are completed, but in no event later than February 11, 1998, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the 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. PERF'ORMANCF-. Consultant shall at all times 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 Agreement. 4. PA T. 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 C & D, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed thirty thousand four hundred and sixty Dollars and no cents ($30,460.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are autho@ 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 not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. -1- r:\rfp\050\bh.agris& C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5.SUSPENSION OR TF@RNMATION OF AGRFF@WNT WITHOUT CAIJSF,. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of caid notice, the Consultant shall immediately cease all work under this Agreement, unless the nc@dce 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 3. 6.DEFAUIRT 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 (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7.OWNERSHIP OF DOCXJMF@NTI,;. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such infon-nation 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 -2- r: \rfp\050\bb. agr/seb 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 therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, 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, 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. 8. MDFMNMCATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, 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 Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INI;IJRANCF, REQIJTR , , , . 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 Sc"e of Insurance. Coverage shall be at least as broad as: (1)Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2)Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3)Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. -3- r:@\050\bh.agri@ (4)Errors and omissions liability insurance appropriate to the consultant's profession. b.Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1)General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3)Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4)Errors and omissions liability: $1,000,000 per occurrence. C. Deductibles aad Self-Insured Retenti=. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provigions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1)The City, its officers, officials, employees and volunteers are to be covered as insureds 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, its 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, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. -4- r:@\050\bh.agr/wh (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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acccptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:Vll, unless otherwise acceptable to the City. f.Verification of CoveraLe. Consultant shall furnish the City with original endorsements effectingcoverage required by this clause. The endorsements are to be signed by a person authorized bythat insurer to bind coverage on its behall 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 effecting the coverage required by these specifications. 10.MDF@PFNDF@NT CONTRACIM. 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 or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. TEGAI, RF-SPONSMHIWS. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall -5- r:@@050\bh.iLgr/sch at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12.RET,F@ASE 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 "volunluy" 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 thereunder 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. 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 (1) 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: To City:City of Temecula 43174 Business Park Drive Temecula, California 92590 Attention:City Manager To Consultant:Berryman & Henigar 11590 W. Bernardo Court, Suite 100 San Diego, CA 92127 Attention:K. Dennis Klingelhofer, Principal -6- r:@\050kbh.agr/s& 14. ASSIG 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. Because of the personal nature of the services to be rendered pursuant to this Agreement, only K. Dennis Klingelhofer shall perform the services described in this Agreement. K. Dennis Klingelhofer may use assistants, under his direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of K. Dennis Klingelhofer from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. 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. 15. IICFNSFS. 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. 16. GOVERNTNG 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 jurisdiction over the City of Temecula. 17. F@NTURF, AC-RIFF@MFNT. 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. -7- r: \rfp\050\bh.agr/sch 18. AUTHORrrY TO EXRCXJW, THIS AC.RRFMIFNT. 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. IN S F, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEM[ECULA By Ronald E. Bradley, City Manager Attest: June S. Greek City Clerk Approved As to Form: Peter M. Thorson City Attorney CONSULTANT Berryman & Henigar 11590 W. Bernardo Court, Suite 100 San Diego, CA 92127 Attention:K. Dennis Klingelhofer, Principal (619) 451-6100 By:K. Dennis Klingelhofer Principal -8- r:@\050\bb.agr/wh ff 'TAO' TASKS TO BE PRFFORMMD The approach which we have is @ on dw @c nft& of the City as weU as our in and on pro@ imp Om for @c& The cxp of the Pt-ojea Tmm will ffia the r datiorm developed @ the project wiU be and wX the wk-eff @e of funds for the c)fthe @ s, i-L-t nm following sections in more d@ the work steps necessmy to @ the goab for flm T@ I - PR ORNNTATION A @ea @ n thistcquires the on and on of many people- Prior to the stut of the program, the Project Team wiU meet with t @ of the City to in &W the pmceduresto be used in the update of the PavcmaA Mans Pwgram Other topics to be wM cu@ for pavem@ le rc historical @ and desi@ cc levels. Through these @ssions our Ojos Tee- @ @ an ofthc Crty's umque @ and win id@ @c arew of concern that will need to be in as put of the pmgraul TASK 2 - ]EVALUATE F@XMTING PA AG SOFMA= During @ @ & Hemgar wM rcwcw the capabiwes of the Citys pzvement m-n-S so@ g @ing cap@ti@ with City gaff to det if it moM the CiWs @ and fnr enL Thu will @e a of the ab@ of the @ to produce 'on demand' reports =&or maps, and to c the impact on pa condition based on budget os- As part of this, we wiU @cw with the City the capabifities of @cral other pav e=ent pro@ inc@ APW.Ns 'McroPA@ prow= which is a windows based application with mapping capabilities and the Me"okm Transpomfian s 'ftvement @cmcnt Softwoc'. This @ allow City mff to that thcy have a pavement mmg which best mmu the CiWs TASK 3 - U'RDAIZ S ]?AVMM SE ORY & BASE MAP The first task in g the City's pavement manag pro@ wffi be to update the City's baft @ to the afL Cay @amed are shown, thls wiU @dc wtuch wiU City @s onm there am by the City Tffv@ WM gw be dcfined for &A new ta so that @ can be stdded to the City's pavement mamg WM A- I LG, OE: NUf Z@d @l 9K--i 'ON t S.LNU-L ISEI 1769TTSV TASK 4 - CONDUCT PAVMM CONDMON SURVLRY amthe rk to be w"@ ha3 bccn @ed for the mdmdual inventory andtheirpmw a viaw i@on oftbe of @ @ent wffl be @ and its @ upon @ @ons and pbystcal cs oftbe "M@. Durwg Um =M the length of @ s@n vnH be @ed uswg a DNE or other @ and "ftomho" @ verified. The @ =M will be by a tem of B&H p and City staff An cxilmple of@ n that will be co @ the @ for @ P Mamg gym= is @bdm A@&M form is on the page wtuch the typos ofbase on and conditim data dw cdst as weR as the typc of @rmation that Wfli be co@ dwn the @ey IU @c data to be oon@ wM be based upon the of the C4y3 pa 30 topma Desi@on ojr shyp or @s&cfton such tu C-ity, County. State or Federal @es, and From4o, @cadw amid limits of dw section; Nam of @ 0 Se@ @@om -w@ will allowftr mg of de&@om (I c. @ routes and zoms) as well as duftcls a @et ck=ficahort in&@@om swh as or w&ctor a Nwnber of raw/ @, 0 Presence. per condition wd @ of cwb writer and A; md& @on; 0segmem @@g md tokd @ge of secdow 0SWace @, AC. PCC. Grave4 Dbt Condition daft that wM be @@ for all se@ wgl the follovh*: ronditi- d P di s by @ of@ss ad @a (I e., rse cr@ I ng awgator aw@, ]ling @hft. and @ng); m A-2 6Z'.?-l L6, Or Ntlf @ci @l @-i ':)N I SIMI ISE[ P69TTF217 0 C@on @for @ -Wgme& mm., * Pavement cm&tton @ into @ muface @trom @ kwl of @= to art Orion ml 27se nwnbenng *seem amd by B&iY@s 0 - 100, wA 100 amw mt (@ (20) hft @@) #Ozber road char -cs which affect dw safety andade@ of e4 &Rh* qualyly (RCB), hocaong dw range of 'perfectly mmth'ride lo one w@ is my rmgh and nW pom a @ hauvd, @ N S@ con&don (SCR). vtjl be d and each segment rated with an overall , fthng hdo @am c@ Cs, g, @ IU Mm of daft to be coup wM be ons wrth City @pi" to the oW offt @. We wowd @ to whert daft on the and wvcrity of dc@ mwh as distorticm, Kne or random @ng and alfiptor@ Mwes for =mple, as well as othcr types of defmw which might be of particular concom to the City @ as @ d=W or @ pgitche& TAM 5 - AMR N)ETWOIM I)ATA, ILT Upon of the Pa t C n Somey, MH will input all =my data mto the City's PMS Once aU data has been . a @ will be which do de of all pavcmmt m whlch we= . The @ wM mm as de nwthod for @ty I of the dam to be included in ne fo wffl be inc@: the phy-ti@ n at the ww the @pav con&kns agabw current ns to ev@ dmrloradon ratei and The Cftcdwmss temft sirategki. Sy@ Vahm Report w@ t@ es mp vahwfor each cims or category ofpavement as wH asfor the @rL- network. Par Co@m DL"Ldon Repoft which graphi@ dtpicts j*e Pe ge of l@ @ net".--t by p c r@g- @ remy, will be fibered to o&w ons of pav@nt co@n by ma @s, geographical area or @ace @..for le. @se wM be widl the City to ensure @ aff inven@ data is @@wm A-3 02.?-T &64 OE NUf @d @i @-.i 'DN I S.LNIII ISEI K9TTGV Pavemext btyentorylcondidon Report wluch mU charaa@cs o ry se@ and Ms co ry was done. 27* @ wdi @ the City to TASK 6 - REP ATION STRATEGIIES AND PA L]IFE CYCLES 'Following of the ry data by dc City, a wiU be heM per to diams ffic @cRn @@ffimdw @gies to be red @g the &w of ft ed porogram. Durmg ffin g, B&H wM help the City develop tM most cost effective pre mmnt=nce, aM =on @gies as chip m*. cape @, AM smb and ovexia on the of the se the ex@ m pa cm&tion md hfo cycle which wculd re@ and dk umt cost of each IU wM be bawd on road of aM are user and g the City to acti@, unit costs, aM hfe cycles for thr. pavcmmt t the of @ vanms @ cyclc mines for dk road w widin The City, B&H can utffiw the base @ count data by the City to vely do m hfe a for each road @ the network. @ inf &vrloprd during this tL* wlH form the basis for the ters which M&Hsh of mainma ce projca @ty and @ as mm@. Also, during tbin @ dc resources iLvOA]e for maintma3ace tvaon wiU be ide for fut= ycm. Odcrtmn to be developed during dus tL* wffi be tD i&n@ dw types of Work and mm to be ted @ to repaiLr/rehab@tion-such as crack =ag or derp -@ upon pavement @tion. TASK 7 - DEVELOP RECO ED D4PRO PROG@ USING COSTBENEFTII'ANALYSIS Once @/ @ s"@ have been defined fbr CAy sb=ts, a report @ be cr, and rehab@on p@ects for ewh mcmdcd proj" wffl bc on ft @ of several fit of @vidu*d @toglm, pavement traffic v t aM un ed fimding levels, fun= rou@ wO major == nc*ds @ on pro3cctrd deenoratlon mw, demw levejs of and ava&ble The of d& task wffl be to maximize ft pro g of WM projects usmg dw most cost effective @gwa a@le, and @ inw account a hfo cycle cost analyms of @ ==gy . Folkwmg thn @yns, hsts w& be 9 for two funding os: the of le @ (ie. City's fimdmr @ aM funding levels given the @ cost c e PaV@nt ihAr-nA t Phn. In this way, if le fimding is km dm rrquired for comp@ of @wm A-4 OF-:ZT L6s OE NUf @d @JL 9K--A 'DN I SINU.L ISa V613TT&V pi pared whlch @fies The st=t over a five year period. T* Mded projem widiin a given ycar, it wiR be mq to which projem can b-c with ft @ on t @mcm c aM ftimm rehabilitation COSL FoUowmg uou of dke infommtion d un @ dc pmgmm wiR be submittbd for @ and on as part of tlw draft Irmal Rcpart. TASK 9 - AUTOMATED MAPPING SYSTEM As@of g le City's PMS, B&H wm iinp an Automated module for ft pa llm B&H Au g wfil pro@ @ C:dy dx abil4 to: visually @ay m and- w@ projections as pail of mwg reports, tu uvg tu store amM@ data within @ ed s . awet lig)its. s. ftfflc signage md jignals. U puU@ and &signmfor lo@ user interaction, e g the need to me7w@ corvik@ E@ ploftmgtp g capable of aU color or bMa and while @s' to @@ with GIS sqftware (eg- ArcI?O. Inmgraph, etc.) using commn inteif@ @Uw AidoCAD and most GIS packages- 77w abimy to add muftiple @ of @a as the sy@ O-e-, zonhig as@.yorpa=ls, g, @) @g AidoCW'.v SQL program @guage to @ly Mterfacel p databases for each to Me base map TASK 9 - ARE MAL REPORT Mk pav @gemmt Rmgram wM pr@ die City vath a of the s @ &e @tton y with the ons far thO inipimi of ft cost mmtcm= progmm for to City. The ieport itself wffi be in,& fidrunt @ wiU uffim dc information f@ in the @up,@zed Ph% m cmjuncwn @ the mf aM =*sm performed by the MR P cmnt Team. The zeport wgl prcm& ft City with mformauun on: s@ in and @hicalfo@for aU classes and types ULWM A-5 TE:ZT L6. M Ndr 2,00-d @i 902-J ':)N I S.LNUI ISE[ 069TTGO sy@e 12 0) jbr@ on of Me sy@ to bw@ @ected a7mual @lrehab progranu for Ur@ matwmw on all @ets for a @ year pr@- project s and azsociated budgets (Le.. adjuvtedfor n wuhin the i @ on uw n )for the @ netwrk, as wvU as @ street moment, for mM filed year over the five (5) year as d by Owfo@gfigure pro@ Ma be sc jbr based on p@es and @ng im analysis Ow allows the Cky to measw-e and undemand the on wsd cM of @rred for Me C?ty netwont,- and review and @pment of re fwsdmg prograrm jbr rehaed i In mfo on win be g aw @odologms used m conducting ficld and pa managememt @. Upon revmw and of tM Draft by ft City, five (5) copses of dw Fmd Report will be gub to tk City and mput from dn Cily. and wM also de findings to ted City aM City Council for a of one (1) of#* sema ter g from the City Is mmg @ wM be *M usod to help de@ ft ndatinas in the fuW xvmt. Typical which cono be ine@ am @ bdm: IRT@ry CO@7# Repayl (DebA inventory of aft roads) ùs Repot, ( of e@g co n n Ropoil (@hic rep on of @um) Acdois Foreca& Oft-ycar work pmj@on) Work Repott cost report) AnnuO Adiox Repoit =W projects Fist) 0 Annud Budget Re"yf Eyes budget costs for aR . t I, ; . I categ@ adjww kr 0 VI Work Reports (Report that allows uwr to proj@ of fundmg @4" on req ts and @mrnt @@wm A-6 ZE:ZL L6, OC NUf ooo--cl @l 9K--i ':)t4l S.LNUI ISE[ V69TTGV CRIYOF PAVEMErfr Ai4NAGEMENT RMY PROJECR ULE fwwe& TASKS 2 3 4 5 6 7 8 9 10 11 12 Task I - Projoa @tim Task 2 - @rt N SuM Task 3 - @ Netmik Data Rcpart Task 4 - De= uW L& @5- R=m=&d I Pfogrmn UdN Cost Bemfit Task 6 - Wpping SysWm AN A-7 EXMIT 'fB" PAYMENR SCITEDULE & wjfl complelb ffic wwk W" m t A on a ww and base @ aw of @ rates md dw of @ shown on ffie page. @ costs are valid for 120 days @ wbwh dicy are subjcct to change,. IU es@tvd cost by @ is @ bclow. T@ No- De - 1 Oricntafion $650 2 Evah)ate @@g I?avemnt M=g So@ $960 3 Updato City's Pavr,@ Se@t Inventoiry $1,750 4 C pav C Survey $9,5W 5 Ncmmk DELta $4,500 6 Defim/Update and. -e -"' i i $2,250 7 @VC@ Pro@ '@ C fit @@ $2,750 8 Automated $3,600 9 Fnw @ojmt I $3,750 Totd $29,-710 of le @nws =0 ToW Fee wmvm B-1 EE:ZT L6, OE Ndf 070-d @i %C-4 'ONI SINUIIMNOO ISa VG9TT@ EXIHBIT "B" PAYMENT SCHEDULE EsnwmCF UNX7E CUYCF PdndpW SWor To* MM Uneff kmsw oai(* 1. Pmjed m 4 4 0 2 2 a Z Evduon ftft 5 2 4 0 4 2 3. LOW CWs @l@&eamMap 2 a 0 a 15 0 4, OmMen @ 4 la 0 145 0 0 S.@@ Dto RW 4 a 4 24 0 40 fL D*o RqA,#WmdhWon Strfteo Ufa@ 0 is 2 0 0 a 7 D"OpRmiveiwdodi @tjWrgCtd@@ 10 14 2 24 0 a & Mworg 2 a 45 0 9. 2 32 8 0 TcU @ed Hotn 50 as io 235 75 54 Ln 0 wxiimmwm B-2 BERR & GAR SCEIEDULE OF HOURLY RATES PRO ONAL PERSONNEL-. HOURLY HOURLY cirla TAMN ITATE ATION IIATV, @T 195.00 T@@ I 35.00 tant 185.00 135.00 coreat" 146.00 S@ @ma 103.00 135-00 Ar 99.00 senior 113.00 Ar 92-00 103.00 Archi@ 70.00 Engiww 103.00 IlcensedT-nd 87.00 m 92.00 Lud Survcyor 81.00 81.00 2-P Survey Cmw 163-00 70.00 survey Crew 198.00 103.00 S@ Survey $1.00 92.00 70.00 Sprciallfft H 91.00 Rigbt-of-Way Agcnt 92.00 St 70.00 Right-of-Way @ 70.00 81.00 Right-of-Way 55.00 70.00 Senior 70-00 sc@ 97.00 60-00 70.00 @oe Confmct too 71.00 Senior Dra 60.00 Con@ tar 61.00 48.OD Nue@ @ A; Operator 48.00 60.00 @ding Official 94.00 MM IV 92.00 76.00 pun m 81.00 60.00 mm ]I 76.00 Cadd 81.00 Phft 1 70.00 Cadd OpenWr 11 70.00 T@dan VI 76-00 @ Door I 60.00 Tecm@v 65.00 Word M 60.00 T@cian IV 55.00 Wofd 48.00 T@cian M 46.00 Word 39-00 T@dan 11 39.00 (Wcal 33.00 HOURLY RATIF- 125-00 CADD Mdgn 24.OD Nfl CADD Drafting 12.00 Pl@ 11.00 ow@@ (bi wo wM be @ced at cm 15 %. A 15% fee for coardintacm and IhandBng wM be added to CW - @P will be at $0. of Houdy Rafms is as of April 1, 1992. Ratea may be adj7ustod Am *a datDID ta fm @ om due to wft 13-3 22 ZT L6. OS-' NUf Zl@d 'DN I S.LNU I IS(I f,769TTr=17 ITEIA 16 7 APPROVAL CITY ATTORNEY DIRECTOR OF FINAI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO:City Council FROM:Ronald E. Bradley, City ManagerP-.'/g- DATE:February 11, 1997 SUBJECT:Acquisition of Gabriel Property (APN 922-010-018) -- Proposed Resolution to Amend Resolution No. 96-143 Prepared by: Peter Thorson, City Attorney RECOMMENDATION: The Staff recommends the City Council: 1 .Adopt a resolution entitled: RESOLUTION NO. 97- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION NO. 96-143 (ACQUISITION OF CERTAIN REAL PROPERTY KNOWN AS THE GABRIEL PROPERTY - APN 922-010-018 FOR PUBLIC PURPOSES)" to add citation of an additional enabling statute, California Code of Civil Procedure Section 1240.410. 2.Direct the City Attorney to amend the Complaint in Eminent Domain in accordance with said resolution amending Resolution 96-143. Note:This amendment requires a four-fifths (4/5) vote of the City Council. BACKGROUND: The City Council has before it a recommendation from Staff to consider an amendment to Resolution No. 96-143, a Resolution of Necessity adopted by the City Council in connection with acquisition of certain property interests for the realignment and extension of First Street. The proposed amendment amends Section 2 of Resolution No. 96-143 to add Code of Civil Procedure Section 1 240.41 0 to the list of enabling statutes recited in that Section. 970128 11086-00001 sw 1753037 1 r:\bradley\agenda\res96143.rev In connection with preparing the appraisal for the offer to the property owner pursuant to Government Code Section 7267.2, the City's appraiser determined that acquisition of the portion of the larger parcel required for the project will leave two remainders that are remnants as defined in California Code of Civil Procedure Section 1240.410 because they are of such a size, shape, or condition to be of little or no economic value to the property owner. Accordingly, the City offered to purchase the entire parcel, comprised of the portion required for the project and the uneconomic remnants, for the fair market value of the entire parcel. Resolution No. 96-143 also provides for acquisition of the entire parcel. Section 2 of Resolution No. 96-143 recites the statutes authorizing the exercise of eminent domain by the City for the subject acquisition. Code of Civil Procedure Section 1240.410, the enabling statute for acquisition of a remnant, was inadvertently omitted from Section 2 of Resolution No. 96-143. That code section must be cited in a Resolution of Necessity when, as in this instance, the acquisition includes acquisition of a remainder because it has been rendered an uneconomic remnant by the "taking" for the project. Proposed Resolution No. 97- would amend Resolution No. 96-143 to add this code section to Section 2, the section of the Resolution that recites the statutes authorizing the exercise of the power of eminent domain for the acquisition. Resolution No. 97- also directs the City Attorney to amend the Complaint in Eminent Domain in accordance with the amended Resolution of Necessity. FISCAL IMPACT: None Attachment:Resolution No. 97- 970128 11086-00001 sw 1753037 1 - 2 - r: \bradlELy\ @6143.rev RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMIECULA AMENDING RESOLUTION NO. 96-143 (ACQUISITION OF CERTAIN REAL PROPERTY KNOWN AS THE GABRIEL PROPERTY - APN 922-010-018 FOR PUBLIC PURPOSES) THAT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City of Temecula is a general law city in the County of Riverside, State of California. Section 2. On December 3rd, 1996, the City Council of the City of Temecula passed, approved and adopted Resolution No. 96-143. Section 3. Resolution No. 96-143 is a resolution of the City Council of the City of Temecula finding and determining that the public interest and necessity require the acquisition of certain real property (known as the Gabriel Property - APN 922-010-018) for public purposes (First Street Extension and Realignment). Section 4. In connection with preparing the appraisal for the offer to the property owner pursuant to Government Code Section 7267.2, the City's appraiser determined that acquisition of the portion of the larger parcel required for the project will leave two remainders that are remnants as defined in California Code of Civil Procedure Section 1240.410 because they are of such a size, shape, or condition to be of little or no economic value to the property owner. Accordingly, the City offered to purchase the entire parcel, comprised of the portion required for the project and the uneconomic remnants, for the fair market value of the entire parcel. Resolution No. 96-143 @ provides for acquisition of the entire parcel. Section 2 of Resolution No. 96-143 recites the statutes authorizing the exercise of eminent domain by the City for the subject acquisition. Code of Civil Procedure Section 1240.410, the enabling statute for acquisition of a remnant, was inadvertently omitted from Section 2 of Resolution No. 96-143. That code section must be cited in a Resolution of Necessity when, as in this instance, the acquisition includes acquisition of a remainder because it has been rendered an uneconomic remnant by the "taking" for the project. Section 5. Accordingly, it is necessary to amend Section 2 of Resolution No. 96-143 to include a citation to Code of Civil Procedure Section 1240.410 in the authorizing statutes, and to direct the City Attorney to amend the Complaint in Eminent Domain in Riverside Superior Court Case No. 29054 in accordance with the amendment to Resolution No. 96-143. Section 2 of Resolution No. 96-143 is therefore hereby amended as follows: 970103 11OB6-00001 dcs/gp 5432277 (4) - 3 - r:\bradley\agenda\res96l43.rev "Section 2. The property hereinafter described is to be taken for a public use, namely for public street purposes and all purposes necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecula to acquire by eminent domain by Government Code Sections 37350.5, 37351, 40401, and 40404 and Code of Civil Procedure Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and 1240.410, and other provisions of law. " Section 6. The City of Temecula hereby authorizes and directs the law firm of Richards, Watson & Gershon, as City Attorney, to take all steps necessary in Riverside Superior Court Case No. 29054 in accordance with the foregoing amendment to Resolution No.96-143, including amending the Complaint in Eminent Domain. Section 7. The City Clerk shall certify adoption of this Resolution. Section 8. This Resolution shall be effective immediately upon its adoption. PASSED, APPROVED and ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the day of February, 1997. Patricia H. Birdsall, Mayor A'FTEST: June S. Greek, City Clerk 970103 11086-00001 dcs/gp 5432277 (4) - 4 - r:\bradley\agenda\res96143.rev STATE OF CALIFORNIA COUNTY OF RIVERSIDE Ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 1 lth day of February, 1997, by the following roll call vote: AYES:COUNCILMEMBERS: NOES:COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Greek, City Clerk 970103 11OBB-00001 dcs/gp 5432277 (4) - 5 - r:\bradley\agenda\res96143.rev ITEI\4 17 APPRO CITY ATTOF DIRECTOR C CITY MANA CITY OF TEMECULA AGENDA REPORT TO:City Council Ronald E. Bradley, City Manage FROM: r DATE:February 11, 1997 SUBJECT: First Street Realignment and Extension Project Prepared by: Marilyn Whisenand, Redevelopment Director RECOMMENDATION: 1.Adopt a Resolution entitled: RESOLUTION NO. 97- "A RESOLUTION OF THE CITY OF TEMECULA APPROVING THOSE CERTAIN AGREEMENTS ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTY (1) APPROXIMATELY + /- 1,064 SQUARE FEET OF A LARGER PARCEL LOCATED ON THE EAST SIDE OF FRONT STREET SOUTH OF SANTIAGO ROAD, TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL 922-091-003-4; AND (2) A TEMPORARY CONSTRUCTION EASEMENT OF APPROXIMATELY + /- 4,570 SQUARE FEET WITHIN A LARGER PARCEL LOCATED AT THE SOUTHEAST CORNER OF SANTIAGO AND FRONT STREETS, TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL 922-091-003-4." 2.Authorize the appropriation of $12,321 from the General Fund to the Capital Improvement Fund to cover acquisition, escrow, soil testing, and closing costs for this portion of the First Street Realignment and Extension Project. 3.Authorize the Mayor to sign the Purchase and Sale Agreements and Escrow Instructions. BACKGROUND: In order to implement the Old Town Specific Plan and the City of Temecula's Capital Improvement Program, staff has pursued the acquisition of real property for the First Street Extension and Realignment Project. Based on fair market appraisals upon which Council previously based their setting of just compensation, staff has negotiated the following purchase price for the subject property: r:\bradley\agenda\mathews.sg 1,064 +/- square feet APN 922-091-003-4 $ 9,585 Temporary Construction Easement 4,570 + /- square feet APN 922-091-003-4 $ 1,236 Total $10,821 This purchase is an all cash transaction with the City paying all closing costs. The additional fund authorization in excess of the purchase price in the amount of $1,500 is requested to cover escrow, closing costs, and soils testing fees, if necessary, bringing the total fund authorization request to $12,321. FISCAL IMPACT: The total acquisition cost for the First Street Realignment and Extension Project will be advanced by the General Fund subject to reimbursement from the Redevelopment Agency and/or Community Facilities District Funds. The $12,321, which is the subject of this report, requires an appropriation from the General Fund to the Capital Improvement Fund pending this reimbursement. Adequate funds are available for this purpose. Attachments: 1 . Resolution 97- 2.Purchase Agreement and Escrow Instructions r:\bradley\agenda\mathews.md RESOLUTION NO. 97- "A RESOLUTION OF THE CITY OF TEMIECULA APPROVING THOSE CERTAIN AGREEMIENTS ENTITLED "PURCHASE AND SALE AGREEMIENT AND ESCROW INSTRUCTIONS- FOR ACQUISITION OF CERTAIN REAL PROPERTY (1) APPROXIMATELY +/- 1,064 SQUARE FEET OF A LARGER PARCEL LOCATED ON THE EAST SI]DE OF FRONT STREET SOUTH OF SANTIAGO ROAD, TEMIECULA, CALIFORNIA ASSESSOR'S PARCEL 922-091-003-4; AND (2) A T RARY CONSTRUCTION EASE@T OF APPROXIMATELY +/- 4,570 SQUARE FEET WITHIN A LARGER PARCEL LOCATED AT THE SOUTHEAST CORNER OF SANTIAGO AND FRONT STREETS, TEM[ECULA, CALIFORNIA ASSESSOR'S PARCEL 922-091- 003-4." THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City of Temecula does hereby find, determine and declare that: a. The City is currently implementing the Capital Improvement Program for fiscal years 1997-2001 adopted by the City Council on June 25, 1996. b. The City is currently implementing the Old Town Specific Plan and the Capital Improvement Program First Street Realignment and Extension Project. C. The City proposes to purchase the properties described in the attached Purchase and Sales Agreement ("Agreement") for the purposes of implementing the Project. d. The Project has been the subject of extensive prior environmental review as part of the Old Town Redevelopment Project EIR certified by the City Council and Redevelopment Agency on June 13, 1995. This portion of the Project is exempt from further environmental review as stated in the findings and as set forth in California Public Resources Code Section and 16 California Code Regulation 15160. Section 2. The City Council of the City of Temecula hereby approves that certain agreement entitled "Purchase and Sale Agreement" for property located on the east side of Front Street south of Santiago Road within Assessor's Parcel 922-091-003-4 and the southeast comer of Santiago and Front Streets within Assessor's Parcel 922-091-003-4 and authorizes the Mayor to execute the Agreement in substantially the form attached hereto as Exhibit A. Section 3. The City Clerk shall certify the adoption of this Resolution. r:\bradley\agenda@thews.W PASSED, APPROVED AND ADOPRED, by the City Council of the City of Temecula at a regular meeting held on the I 1 th day of February 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, City Clerk f:\bradley%agenda\mathews.sg STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 1 1 th day of February, 1997, by the following roll call vote: AYES:COUNCILMEMBERS: NOES:COUNCILMEMBERS ABSENT:COUNCILMEMBERS June S. Greek, City Clerk r:\bradley\agenda\mathews.Nd PURCHASE AND SAIF, AGR AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of -@ 19 by and between Virginia Rae Matthews, Ms. Bettie Patricia Ross, Mr. P. Richard Tamutzer, Ms. Marion Patterson Denny, Maywood Mitchell Tyrell, Mr. Alan Vories Hooper, W. Gregory Mitchell Hooper ("Seller"), and THE CITY OF TEMECULA, a municipal corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITALS A. On October 8, 1996 the Buyer delivered Seller an offer (the "Offer") to purchase the real property interests described in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof (the "Property") pursuant to Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.). B.Buyer intends to use the Property for public purposes. C. 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 foregoing premises operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: 1.Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Propertyto Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafterset forth. 2.Purchase @. The total purchase price for the Property to be paid by Buyer is the sum of Ten Thousand Eight Hundred Twenty-one Dollars ($10,821.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. 3. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall @ request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure r:\whisem\96@tthows.agt Buyer's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of- way of record, subject only to the following peffnitted conditions of title ("Permitted Title Exceptions"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and (b) Those non-monetary exceptions approved by Buyer within fifteen (15) 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 shall thereupon terminate, all funds deposited therein shall be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally disapproves any such exceptions, -then Seller shall 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 Oess Buyer's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the Property shall be free and clear of all monetary encumbrances. 4. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5.AijiborizaUon to Record Dociiments and Disbiirse Ilin&-g. Escrow Holder is hereby autho@ torecord the documents and disburse the funds and documents called for hereunder upon the Close ofEscrow, provided each of the following conditions has then been fulfilled: (a) Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (b) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section I 1; and(c) Seller shall have deposited in Escrow the Grant Deed required by Section 4. 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. r:\whiscm\96\matthows.agt - 2 - 6. Escrow. The parties hereby establish an escrow ("Escrow") to accomodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which ig not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. Buyer shall pay all escrow costs. 7. Escrow Charges and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. 'ticen-.e to @. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of maldng inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. Buyer shall give Seller reasonable notice before going on the the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Bu_yer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 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 shall survive the Close of Escrow: (a) That (1) on the Close of Escrow the Property @ be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) 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 To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend r:\whisem\96\matthews.nt - 3 - and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rul6 or regulations of any governmental entity or agency requiridg the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. (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 shall 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 shall 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) There are no mechanics', materialmen's or similar claims or hens 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 personshave any right of possession to the Property or any part thereol (f)Seller has no knowledge of any pending, ffi=tened or potential litigation, action or proceeding agamstSeller or any other Party before any court or administrative tribunal which is in any way related to the Property. 10. FIJIJ, PAYMFNT OF Alrl, O'RTIIGATTONS OF CITY. it is and agreed between Seller and Buyer that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property mterests pe g to the Property and mcludes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attomey's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and r-.\w@\96@tfficws.agt - 4 - Real Property Acquisition Policies Act of 1970 (42 U.S. C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and voluntary. 11. Buyex's Contin=ucies. For the benefit of Buyer, the Closing of-Escrow and the Buyer's obligation to consummate the purchase of the Property shall 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 of all documents pursuant to Section 4 hereof. (c) Title Company's commitment to issue in favor of Buyer of a 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 geologicalreports, or other physical inspections of the Property or the underlying real property that Buyer mightperform prior to the Close of Escrow. - 12. Certification of Non-Foreign Status. Seller covenants 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. 13. , Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaultmg party shall have, m 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 shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 14. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mad, 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 shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any r:\whism\96\matLhcws.agt - 5 - party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: BUYER:City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn:City Manager COPY TO:Richards, Watson & Gershon 333 So. Hope St., 38th Fl. Los Angeles, California 90071 Attn:Peter M. Thorson, Esq. SELLER:Koll Real Estate 4650 Affow Highway, Suite A-4 Montclair, California 91763 Attn:Ms. Julie A. Schlothauer ESCROWFirst American Title Company HOLDER3625 Fourteenth Street Riverside, CA 92502 15. Broker's Commissions. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 16. Further bstnict*on-,;. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 17. Amendments. Any wnendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 18.Miscellaneous (a) Appflcable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b) Entire A nt. 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 hereol No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or 6 - representative of either party, shall 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 aclmowledge 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 which is not contained herein shall be valid or binding on Seller or Buyer. I (c) Successors and Assigo.-.. This Agreement shall be bindtng upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of F,%ence. 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) Remedies Not ExcliL%ive and Waivers. No remedy conferred by any of the @c provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy @ be cumulative and @ be m 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 shall not constitute a waiver of the right to pursue other available remedies. (f) r-etation sind Construction. The parties agree that each party has reviewed and revised tius Agreement and 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 shall 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 where ever 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 shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. . (g) City AUnager Anthori@ The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 19. Att Em. 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 shall be entitled to recover reasonable attorneys' fees from the other party. 20. Assigument. 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 shall not relieve Buyer of any of its obligations under this Agreement. r\w@\%\muhcws.nt - 7 - 21. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 8, 9, 10, and 15 hereof and Buyer and Sell release Escrow Holder from liability or obligation as to Section 8, 9, 10, and 15 hereof 22. Counteriparts. This agreement may be signed in one or more counterparts, each of which shall be deemed an original , and all of which taken together shall be deemed a single, integrated, document. A facs@e transmission of a signature sham be valid and binding hereunder. -8- IN WrrNESS F9 the parties hereto have executed this Agreement as of the day and year first written above. SELLERS -k, @ean scbi FOR VIRGINIA RAE MATTHE.WS B CrrY OF TEMEECULA, a municipal corporation: Karel Lindemans, Mayor ATIEST: By June S. Greek, City Clerk APPROVED AS TO FORM: Bv., Peter M. Thorson City Attorney r:%whiwm\96\jnauhcwi.agt -9- EXHIBIT A Page I of 2 LEGAL DESCRIPTION ACQUISITION PARCEL In the State of California, County o,- Riverside, City of Temecula, that portion of Lot 1, Tract 21 375, as shown by map on file in Book 1 65, pages 25 and 26 of Map-%, records of said County, described as follows: BEGINNING at the most northwesterly corner of said Lot 1 , thence easterly along the northerly line thereof North 74' 1 8'39" East 1 5.83 feet (N 74' 1 7'1 2" E per Tract 21 375); thence leaving said line South 36'28'57" West 1 3.72 feet; thence southerly along a line parallel with and 5 -feet easterly, measured at right angles, of the westerly line of said Lot 1 South 1 5 '41'21 " East 1 46.94 feet (S 1 5 '42'48" E per Tract 21 375); thence South 1 2'43'47" East 96.85 feet to said westerly line; thence northerly thereon North 1 5'41'21 " West 252.09 feet (N 1 5'42'48" W per Tract 21375) to the POINT OF BEGINNING- Basis of bearings: Field survey based on First Street west of Front Street bearing North 44'30'26" East per PM 7674 (86/50-5 1). ck P. No rri s, PE. C 1 5446 References: First American Title Company title report 203-4430 dated as of June 22, 1 995; Tract 21 375 per Map 1 66/26 and a map referenced therein as "Riv. Co. Survey Map 204-926" which is Caltrans Monumentation Map # 441543. NORRIS-REPKE, INC. 33055 Vino Way Temecula, CA 92591 July 29, 1996 Denny, Tarnutzer, Mathews, Ross, Tyrrell, Hooper A.P.N. 922-091-003-4 Order # 2034430 @92ojkTA21375.LD Page 2 of 2 FXHIBIT A NORRIS-REPKE:.INC. 7-12- E)33M VM WAY CA 92591 8'39' E Tat 676@16 30 Fox 676-001 a j6N 92@( PO 50' -5' C4 cli LLJ U') C,4 V) c o LL- Lot I Tr 213-/5 Map 165//25-26 C'4 ;: z z ui Record per Tract 21375 Record per Ccitrans Mon. Map 441543 Ln Area=1064ñ sq.ft. (0-024 Ac.) ine Lot 1 C15446 GRAPHIC SCALE 0 100 "C" St. N 74'22'36' E IN FEET Uwners: Denny, Tornutzer,Mathews, Ross, Tyrrell, Hooper DRAWN JPN Par. Lot L Tr 21375 ------DATE 7-29-96 APPR. JPN Map 165/25-26 SCALE l' = 50' @ORDER 2034430 Riverside County, CatifornicL BY NORRIS-REPKE INC. iA.P.N. 922-091-003-4 CITY OF TEMECULA DWG Di\P\9203\DWG\LDSBASE14.DWGS Page I of 2 EXHIBIT B Denny et at. Property TEMPORARY CONSTRUCTION EASEMENT in the State of California, county of Riverside, city oftemecula, that portion oflot 1, Tract 21375. as shown by map on file in Book 165, pages 25 and 26 of Maps, records of said County, described as follows: That portion of said Lot 1 lying westeily of the following desccribed line; 13EGINNING at a point on the westerly line of said Lot 1, distant thereon 270.72 feet from the northerly terminus of said westerly line; thence North 7411 8'39' East 5.64 feet: thence parallel with and 55.64 feet easterly of the centerline of Front Street, as shown on said Tract Map 21375, North 15 '41'21 West 1 14.79 feet; thence North 74' 1 8'39" East 35.00 feet; thence parallel with and 90.64 feet easterly of said centerline of Front Street, North 15041'21' West 103.42 feet; thence South 74918'39' West 40.64 feet to said westerly line of said Lot 1. EXCEPTING Parcel A as described in 'Exhibit A'. Basis of bearings: Field survey based on First Street west of Front Street bearing North 44030'26" East per PM 7674 (86/50-51). References: First American Title Company title report # 2034430 dated as of June 22, 1 995; Tract 21375 per Map 165/26 and a map referenced therein as -Riv. Co. Survey Map 204-926' which Is Caftrans Monumentatiori Maip # 441 54 3. Jack P. No@, PE. Cl@6 NORRIS-REPKE, INC. 33055 Vino Way Danny, Tarnutzer et al. Temecula, CA 92591 September26,1996 A.P.N. 922-01-003-4 Order 9- 2034430 Page 2 of 2 EXHIBIT B t4ORR S-REPKE.INC. 0.4 E-@ .3.3055 VM WAY TMECU" CA 97"1 T.1 PCL. A. @WO 676-5816 909@ 67a-oolJd@N 92-03 50' S 74'1 -,M 64'-., 90.6,4'- VI C,4 <D 0 N 7 4'1 8'3 9' c Lot I C,4 Tr 21,375 zo 41 mop 165/25-26 U) t Record bearing per Tf-act Mop 21375 Pog 5.64' N 74'18'32" E Area=4,095ñ sq.ft, (0.0940 Ac.) GP,APHIC SCALE 100 0 IN FEET Owners:Denny, Taf-nutzer, M(ithews, Ross, Tyrrell, Hooper DRAWN JPN Por, Lot 11 Tr 21975 DATE 9/26/96 APPR. JPN HoLp 165/25-26 SCALE I' = 50' JORDER k 2034430 Riverside Coun-ty, CcxtlPornl(k Ety t4CIRRES-PEPKE INC- CITY OF TEMECULA C D,'\P\9203\D,./G\LDS.DWG V.P,N, 922-09t-003-41 PURCHASE AND SALE AGRF-F-MFNT ANp ESCROW INSTRIJCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of -,19 - by and between Virginia Rae Matthews, Ms. Bettie Patricia Ross, Mr. P. Richard Tamutzer, Ms. Marion Patterson Denny, Maywood Mitchell Tyrell, Mr. Alan Vones Hooper, Mr. Gregory Mitchell Hooper ("Seller"), and THE CITY OF TEMECULA, a municipal corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITAM A. On October 8, 1996 the Buyer delivered Seller an offer (the "Offer") to purchase the real property interests described in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof (the "Property") pursuant to Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.). B.Buyer intends to use the Property for public purposes. C. 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 foregoing premises operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: 1.Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Propertyto Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafterset forth. Purchase @. The total purchase price for the Property to be paid by Buyer is the sum of Ten Thousand Eight Hundred Twenty-one Dollars ($10,821.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. 3. Title and Title Insura=. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure r: \whisem\96@tLhews. agt Buyer's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of- way of record, subject only to the following pem-utted conditions of title ("Permitted Title Exceptions"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and (b) Those non-monetary exceptions approved by Buyer within fifteen (15) 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 shall thereupon terminate, all funds deposited therein shall be refunded to Buyer Oess Buyer's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally disapproves any such exceptions, -then Seller shall 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 shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the Property shall be free and clear of all monetary encumbrances. 4. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5.Authorization to Record Doctiments and Disburse Funds. Escrow Holder is hereby author torecord the documents and disburse the funds and documents called for hereunder upon the Close ofEscrow, provided each of the following conditions has then been ftilflued: (a) Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (b) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section 1 1; and(c) Seller shall have deposited in Escrow the Grant Deed required by Section 4. 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. r.\whiscm\96\matthc,Ws.agt - 2 - 6. Escrow. The parties hereby establish an escrow ("Escrow") to accomodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which ig not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. Buyer shall pay all escrow costs. 7. Escrow Charges and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messen I ger services, long distance telephone, etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. license to @. Seller hereby grants to Buyer and Buyer's autho@ agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not @ted to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof Buyer shall give Seller reasonable notice before going on the the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Warranties and Representation,, of SeHer. Seller hereby represents and wan-ants 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 shall survive the Close of Escrow: (a) That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) 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 To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend r;kwhis=X96\inatdkows.nt - 3 - and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rul6 or regulations of any governmental entity or agency requi-ridg the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. (b) That Seller ts 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 shall 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 shall 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) 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. (f) Seller has no knowledge of any pending, ffi=tened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 10. FIJII, PAYMF@NT OF ATI, O'RLIGATIONI,; OF CITY. it is and agreed between Seller and Buyer that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pe@g to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attomey's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and r:\whismk96\matdiews.vt - 4 - Real Property Acquisition Policies Act of 1970 (42 U.S. C. 4601, et seq.), if applicable, or under Title 1 , Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and voluntary. 11. Bu='s Contingencies. For the benefit of Buyer, the Closing of-Escrow and the Buyer's obligation to consummate the purchase of the Property shall 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 of all documents pursuant to Section 4 hereof. (c) Title Company's commitment to issue in favor of Buyer of a 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 or the underlying real property that Buyer might perform prior to the Close of Escrow. @ 12. Certification of Non-Foreign Statii.-i. Seller covenants 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. 13. ' Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaultmg party shall have, m 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 shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 14. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall 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 shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective @; provided that ff any r:\whisem\96 s.agt 5 - party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: BUYER:City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn:City Manager COPY TO:Richards, Watson & Gershon 333 So. Hope St., 38th Fl. Los Angeles, California 90071 Attn:Peter M. Thorson, Esq. SELLER:Koll Real Estate 4650 Affow Highway, Suite A-4 Montclair, California 91763 Attn:Ms. Julie A. Schlothauer ESCROWFirst American Title Company HOLDER3625 Fourteenth Street Riverside, CA 92502 15. Broker's C... . Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 16. Further Instnictiono;. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 17. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 18.Miscellaneous (a) Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b)Entire Agmment. This Agreement supersedes any prior agreement, oral or written, and together withthe Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement betweenBuyer and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or r: \whisem\96\mtthews.agt - 6 - representative of either party, shall 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 which is not contained herein shall be valid or binding on Seller or Buyer. (c) Successors and Assicin.-.. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of FAsence. 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) Remedies Not Ficlusive 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 shall be cumulative and shall be m 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 shall not constitute a waiver of the right to pursue other available remedies. (f) on nnd Construction. The parties agree that each party has reviewed and revised dus Agreement and 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 shall 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 where ever 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 shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. I (g) City ManaLer Authori@ The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 19. 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 shall be entitled to recover reasonable attorneys' fees from the other party. 20. Assigument. 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 shall not relieve Buyer of any of its obligations under this Agreement. r:Xwhiwm\96@@s.Ut - 7 - 21. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 8, 9, 10, and 15 hereof, and Buyer and Sell release Escrow Holder from liabifity or obligation as to Section 8, 9, 10, and 15 hereof 22. Counterparts. This agreement may be signed in one or more counterparts, each of which shall be deemed an original , and all of which taken together shall be deemed a single, integrated, document. A facs@e transmission of a signature shall be valid and binding hereunder. -8- IN S F, the parties hereto have executed this Agreement as of the day and year first written above. SELLERS r MS. BETTIE PATRICIA ROSS BUYF-R CrrY OF TEMEECULA, a municipal corporation: Karel Lindemans, Mayor A@T: Bv June S. Greek, City Clerk APPROVED AS TO FORM: B -Y Peter M. Thorson City Attorney r:\whiwm\%\mauhcwi.ae EXHIBIT A Page I of 2 LEGAL DESCRIPTION ACQUISITION PARCEL in the State of California, County o@ Riverside, City of Temecula, that portion of Lot 1, Tract 21 375, as shown by map on file in Book 1 65, pages 25 and 26 of Maps,, records of said County, described as follows: BEGINNING at the most northwesterly corner of said Lot 1 , thence easterly along the northerly line thereof North 74' 1 8'39" East 1 5.83 feet (N 74' 1 7'1 2" E per Tract 21 375); thence leaving said line South 36'28'57" West 1 3.72 feet; thence southerly along a fine parallel with and 5 -feet easterly, measured at right angles, of the westerly line of said Lot 1 South 1 5 '41'21 " East 1 46.94 feet IS 1 5 '42'48" E per Tract 21 375); thence South 1 2'43'47" East 96.85 feet to said westerly line; thence northerly thereon North 1 5 '41'21 " West 252.09 feet (N 1 5'42'48" W per Tract 21375) to the POINT OF BEGINNING. Basis of bearings: Field survey based on First Street west of Front Street bearing North 44'30'26" East per PM 7674 (86/50-5 1). orris, PE. C15446 References: First American Title Company title report 2034430 dated as of June 22, 1 995; Tract 21 375 per Map 1 65/26 and a map referenced therein as "Riv. Co. Survey Map 204-926" which is Caltrans Monumentation Map 441543. NORRIS-REPKE, INC. 33055 Vino VVay Temecula, CA 92591 July 29, 1996 Denny, Tarnutzer, Mathews, Ross, Tyrrell, Hooper A.P.N- 922-091-003-4 Order # 2034430 \9 20 3\TR2 I I 75.LD Page 2 of 2 EXHIBIT (-PrepaLred by NORRIS-RE:PKE.INC. VM WAY 7-12- E) CA 92591 8'39- E Tel 676-5816 30 Fax 676-001'5 Jr4 2@-0.3j PO .50 -5' cm ic) LLJ C,4 IC) c ;n ul o Lot Tr 21,3 /-5 Map 165,/25-26 CN in t2 z Z LU Record per Tract 21375 Record per Caltrans Mon. Map 441543 0 Ln Area=1064ñ sq.ft. (0.024 Ac.) ine Lot 1 GRAPHIC SCALE 0 100 - "C" St. tq 74. 2 36- E IN FEET owners: Denny, Tornutzer,Mathews, Ross, Tyrrell, Hooper @DRAWN JPN Por. Lot L Tr 21375 DATE 7-28-96 @APPR. JPN Mo-p 165/25-26 SCALE I' = 50' :ORDER 2034430 Riverside County, CotiforniaL BY NORRIS-REPKE INC. @A.P.N. 922-091-003-4 CITY OF TEMECULA DWG Dj\P\9203\DWG\LDSBASE14.DWGS Page I of 2 EXHIBIT B Denny et al. Property TEMPORARY CONSTRUCTION EASEMENT In the State of Cal' 3fornia, County of Riverside, City of Temecula, that portion oflot 1, Tract 21375, as shown by map on file in Book 165, pages 25 and 26 of Maps, records of sal 'd County, described as follows: That portion of said Lot 1 lying westerly of the following desccribed line; BEGINNING at a point on the westerly line of said Lot 1, distant thereon 270.72 feet from the northerly terminus of said westerly line; thence North 7411 8'39' East 5.64 feet: thence parallel with and 55.64 feet easterly of the centerline of Front Street, as shown on said Tract Map 21375, North 15'41'21' West 114.79 feet; thence North 7411 8'39" East 35.00 feet,- thence parallel with and 90.64 feet easterly of said centerline of Front Street, North 15'041'21' West 103.42 feet; thence South 74'0 1 8'39' West 40.64 feet to said westerly line of said Lot 1. EXCEPTING Parcel A as described in 'Exhibit A'. Basis of bearings: Field survey based on First Street west of Front Street bearing North 44030'26" East per PM 7674 (86/50-51). References: First American Title Company title report # 2034430 dated as of June 22, 1995; Tract 21375 per Map 165/26 and a map referenced there;n as 'Riv. Co. Survey Map 204-926' which is Cattrans Monumentation Map 441 54 3. Jack P. No@, PE- Cl @6 NORRIS-REPKE, INC. 33055 Vino Way Denny, Tarnutzef et al. Temecula. CA 92591 September 26, 1996 A.P.N. 922-01-003-4 OIOJN42urmP LCL Order P. 2034430 Pagg 2 of 2 EXHIBIT B "ORRIS-REPKE.it4C. 33055 VM WAY @rcmk CA 9730 1 PCL. A T.1 676-SSIS FQX 676-001 50' 74'1 La 4'-., c 90.6,4' EA V) (N C\i r- 0 Li N 74-18'39' c CA Lot I Tr 21375 map i65/25-26 zz tN Record bearing per Tract Map 21375 POB 5-64' N 74'18'39" E ft, (0.0940 Ac.) Area=4,095ñ sq GRAPHIC SCALE 0 100 114 @ET Owners:Denny, Taf-nutzer, Mathews, Ross, Tyrrell, Hooper DATE 9/26/96 DRA%JN iPP4 Por, Lc)t 1, Tr 21975 APPR. JPN Hop 165/25-26 SCALC I- = 50' ORDER 2034430 Riverside Coun-ty, CcLtifornio, 13Y NMRIS-REPKE INC. DVG D,\P\9203\DVG\LDS.DwG [A.P.N. 1)22-091-003-4 CITY OF TEMECULA PURCHASE AND SALE AGRF@FMF-NT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of -,19 - by and between Virginia Rae Matthews, Ms. Bettie Patricia Ross, Mr. P. Richard Tarnutzer, Ms. Marion Patterson Denny, Maywood Mitchell Tyrefl, Mr. Alan Vories Hooper, Mr. Gregory Mitchell Hooper ("Seller"), and THE CITY OF TEMECULA, a municipal corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITALS A. On October 8, 1996 the Buyer delivered Seller an offer (the "Offer") to purchase the real property interests described in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof (the "Property") pursuant to Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.). B.Buyer intends to use the Property for public purposes. C. 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 foregoing premises operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: 1.Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Propertyto Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafterset forth. 2.Purchase @. The total purchase price for the Property to be paid by Buyer is the sum of Ten Thousand Eight Hundred Twenty-one Dollars ($10,821.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. 3. Title and T*tle ImuranCt. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall " request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure r:\whisem@96@tthews.agt Buyer's fee 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"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and (b) Those non-monetary exceptions approved by Buyer within fifteen (15) 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 shall thereupon terminate, all funds deposited therein shall be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller shall use SeUer'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 Oess Buyer's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the Property shall be free and clear of all monetary encumbrances. 4. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5.Aiithorization to Record Doctiments and Disbiirse Ihinds. Escrow Holder is hereby autho@ torecord the documents and disburse the funds and documents called for hereunder upon the Close ofEscrow, provided each of the following conditions has then been fulfilled: (a) Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary hens and encumbrances at the Close of Escrow. (b) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section 1 1; and(c) Seller shall have deposited in Escrow the Grant Deed required by Section 4. 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. r\w@\%\=@ews.Ut - 2 - 6. Escrow. The parties hereby establish an escrow ("Escrow") to accomodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which i not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. Buyer shall pay all escrow costs. 7. Escrow Charges and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. license to @. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of maldng inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereol Buyer shall give Seller reasonable notice before going on the the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Warranties and Re@ntation,-. of Seller. Seller hereby represents and warrants to Buyer the foflowmg, it bemg 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) That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) 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 To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend r:kw@\96\matthews.agt - 3 - and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rul6 or regulations of any governmental entity or agency requifin the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. (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 shall 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 shall 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) 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 thereol (f) Seller has no knowledge of any pending, ffimtened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 10. FLJLL PAYMFNT OF All, O'RLIGATIONS OF CM. it is and agreed between Seller and Buyer that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests g to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attomey's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and r:\whis=\96\muhc,ws.Vt - 4 - Real Property Acquisition Policies Act of 1970 (42 U.S. C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and voluntary. 11. B=er's Continzencies. For the benefit of Buyer, the Closing of-Escrow and the Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Bnyer'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 of all documents pursuant to Section 4 hereof. (c) Title Company's commitment to issue in favor of Buyer of a 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 or the underlying real property that Buyer might perform prior to the Close of Escrow. 12. Certification of Non-Foreign S@. Seller covenants 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. 13. , @faiilt. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaulting party shall 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 shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 14. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prq*d, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any 5 - party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: BUYER:City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn:City Manager COPY TO:Richards, Watson & Gershon 333 So. Hope St., 38th Fl. Los Angeles, California 90071 Attn:Peter M. Thorson, Esq. SELLER:Koll Real Estate 4650 Affow Highway, Suite A-4 Montclair, California 91763 Attn:Ms. Julie A. Schlothauer ESCROWFirst American Title Company HOLDER3625 Fourteenth Street Riverside, CA 92502 15. Broker's Comlnossion,;. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 16. fiirther Instniction-g. Each party agrees to execute such other and @er escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 17. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 18.Misceflaneous (a) Apillicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b)Entire Agmment. This Agreement supersedes any prior agreement, oral or written, and together withthe Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement betweenBuyer and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or r:\whiwm\%@dhews.ao - 6 - representative of either party, shall 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 which is not contained herein shall be valid or binding on Seller or Buyer. I (c) Successors and Assigns. This Agreement shall be bindtng upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of Fssence. 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) Remedies Not Fxcliisive itnd Waivem. 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 shall be cumulative and shall be m 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 shall not constitute a waiver of the right to pursue other available remedies. (f)Inteoretation and Construction. The parties agree that each party has reviewed and revised thisAgreement and have had the opportunity to have their counsel and real estate advisors review and revisethis agreement and that any rule of construction to the effect that ambiguities are to be resolved againstthe drafting party shall 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 where ever 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 shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. . (g) City AUnai!er Autho@ The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 19. Att Em. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of t ' he 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 shall be entitled to recover reasonable attorneys' fees from the other party. 20. A@ment. 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 shall not relieve Buyer of any of its obligations under this Agreement. r.Xwhismk96\mtfficws.Vt - 7 - 21. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 8, 9, 10, and 15 hereof, and Buyer and Sell release Escrow Holder from liability or obligation as to Section 8, 9, 10, and 15 hereof 22. CountLMarts. This agreement may be signed in one or more counterparts, each of which shall be deemed an original , and all of which taken together shall be deemed a single, integrated, document. A facs@e transmission of a signature shall be valid and binding hereunder. -8- IN WrrNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLERS MR. P. RICHARD TARNUTZEL:Z CZ 42 B Crff OF TFAIECULA, a municipal corporation: Karel Lindemans, Mayor ATTEST: By June S. Greek, City Clerk "PROVED AS TO FORM: By Peter M. Thorson City Attomey i.nt -9- EXHIBIT A Page I of 2 LEGAL DESCRIPTION ACQUISITION PARCEL in the State of California, County c,, Riverside, City of Temecula, that portion of Lot 1, Tract 21 375, as shown by map on file in Book 1 65, pages 25 and 26 of Maps, records of said County, described as follows: BEGINNING at the most northwesterly corner of said Lot 1, thence easterly along the northerly line thereof North 74' 1 8'39" East 1 5.83 feet (N 74' 1 7'1 2" E per Tract 21 375); thence leaving said line South 36'28',57" West 1 3.72 feet; thence southerly along a line parallel with and 5 -feet easterly, measured at right angles, of the westerly line of said Lot 1 South 1 5 '41'21 " East 1 46.94 feet (S 1 5 '42'48" E per Tract 21 375); thence South 1 2'43'47" East 96.85 feet to said westerly line; thence northerly thereon North 1 5'41'21 " West 252.09 feet (N 1 5'42'48" W per Tract 21375) to the POINT OF BEGINNING. Basis of bearings: Field survey based on First Street west of Front Street bearing North 44'30'26" East per PM 7674 (86/50-5 1). 7, rris, PE. C15446 References: First American Title Company title report 2034430 dated as of June 22, 1 995; Tract 21 375 per Map 1 65/26 and a map referenced therein as "Riv. Co. Survey Map 204-926" which is Caltrans Monumentation Map # 441543. NORRIS-REPKE, INC. 33055 Vino Way Temecula, CA 92591 July 29, 1996 Denny, Tafnutzer, Mathews, Ross, Tyrrell, Hooper A.P.N. 922-091-003-4 Order # 2034430 @9203\TR27 37S.LD Page 2 of 2 EXHIBIT A r4ORRIS-REPKE.] VINO WAY 7-12- E) CA 92501 8'39' E Tel @909@ 678-5816 30 Fox 900 67@001a .83' J.N 92-03 PO 50 -5' cri 0 C), 0 C'i L, U') V) c: 0 Lot I Tr 21,3 7 5 iN Map 165/25-26 CN z z Record per Tract 21375 Record per 6 Caltrans Mon. Map 441543 Area=1064ñ sq.ft. (0.024 Ac.) S.Line Lot I 0 GRAPHIC SCALE 100 'IC,, St. N 74-'22'36' E IN FEET iUwners: Denny, Tornutzer, Mathews, Ross, Tyrrell, Hooper DRA\-/N JPN Por. Lot L Tr 21375 DATE 7-28-96 APPR. JPN Hop 165/25-26 SCALE l' = 50' :@:ORDER 2034430 Riverside County, CaLtiforniaL :By NORRIS-REPKE INC. OF TEMECULA DWG Di\P\9203\DWG\LDS,BASE14.DVGS Page I of 2 EXHIBIT B Denny at al. Property TEMPORARY CONSTRUCTION EASEMENT in the State of California, county of Riverside, City of Temecula, that portion oflot 1, Tract 21375. as shown by map an file in Book 165. pages 25 and 26 of Maps, records of said County, described as follows-- That portion of said Lot 1 lying westerly of the following desccribed line; BEGINNING at a point on the westerly line of said Lot 1, distant thereon 270.72 feet from the northerly terminus of said westerly line; thence North 74' 1 8'39' East 5.64 feet, thence parallel with and 55.64 feet easterly of the centerline of Front Street, as shown on said Tract Map 21 3 75, Nor th 1 5 '4 1 '21 West 1 14.79 feet; thence North 74' 1 8'39" East 35.00 feet; thence parallel with and 90.64 feet easterly of said centerline of Front Street, North 15'041'21' West 103.42 feet; thence South 74111 8'39' West 40.64 feet to said westerly line of said Lot 1. EXCEPTING Parcel A as described in 'Exhibit A'. Basis of bearings: Field survey based on First Street west of Front Street bearing North 44030'26" East per PM 7674 (86/50-51). References: First American Title Company title report # 2034430 dated as of June 22, 1995; Tract 21 376 per Map 1 65/26 ard a map referenced therein as 'Riv. Co. Survey Map 204-926' which is Cattrans Monumentation Map 441543. Jack P, NorTis, PE. Cl 5446 NORRIS-REPKE, INC. 33055 Vino Way Denny, Tarnutzer et al. Temecula, CA 92591 September 26,1996 A.P.N. 922@1-003-4 Order It 2034430 Page 2 of 2 EXHIBIT B PI-Pled b), t-40RRIS-REPKE.INC. ,33055 V040 WAY @ECUL& CA 9'2.Wi PCL. A Fax T.] "9@ 67a-oola 50' S 74'18 6 4'-., 9 0. 6,4' VI w U) C,4 C-4 o 7 4'1 8'3 9C (N LoZ I Tr 21375 zo map 16s/25-26 z Z z Record bearing per Tract Mop 21375 poe 5-64' N 74'18'39" E Area=4,095ñ sq,ft, (0.0940 Ac.) GRAPHIC SCALE 0 100 IN FEET Owners:Denny, Tornutzer, Mathews, Ross, Tyrrell, Hooper DRA%JN JPN Por, Lo'c 1, Tr 2IS75 DATE 9/26/96 APPR. JPN HoLp 165/25-26 SCALE t' = 50' ORDER 9 2034430 Riversicle Couti-ty, CQtiporni(k By NCIRRIS-REPKE INC. A.P.N. 922-091-003-4 TEMECULA D,\P\9203\DVG\LDS-DWG PURCHASE AND SALE AGRF@FMF-NT AND F@,SCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of @ 19 - by and between Virginia Rae Matthews, Ms. Bettie Patricia Ross, Mr. P. Richard Tamutzer, Ms. Marion Patterson Denny, Maywood Mitchell Tyreu, Mr. Alan Vories Hooper, Mr. Gregory Mitchell Hooper ("Seller"), and THE CITY OF TEMECULA, a municipal corporation ("Buyer"), and constitutes both an agreement to purchase and sell real Property between the parties and the parties' escrow instructions directed to First American Tide Insurance Company ("Escrow Holder"). RECITAL,S A. On October 8, 1996 the Buyer delivered Seller an offer (the "Offer") to purchase the real property interests described in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof (the "Property") pursuant to Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.). B.Buyer intends to use the Property for public purposes. C. 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 foregoing pren-dses operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: I .Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Propertyto Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafterset forth. 2.Purchase @. The total purchase price for the Property to be paid by Buyer is the sum of Ten Thousand Eight Hundred Twenty-one Dollars ($10,821.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. 3. Title and Title Imurane-e. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall @ request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure r: \whisem\96@tthews. agt Buyer's fee 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"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and (b) Those non-monetary exceptions approved by Buyer @ithin fifteen (15) 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 shall thereupon terminate, all funds deposited therein shall be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally disapproves any such exceptions, -then Seller shall 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 shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the Property shall be free and clear of all monetary encumbrances. 4. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5. Aiithorization to Record Dociiments 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)Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (b) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section 1 1; and(c) Seller shall have deposited in Escrow the Grant Deed required by Section 4. 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. r:\whisem\96@tthews.ae - 2 - 6. Escrow. The parties hereby establish an escrow ("Escrow") to accomodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which ig not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. Buyer shall pay all escrow costs. 7. Escrow Charges and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messen I ger services, long distance telephone, etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay aJI Escrow cancellation charges. 8. license to Fnter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereol Buyer shall give Seller reasonable notice before going on the the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Warranties and Regresentatoong of Seller. Seller hereby represents and wan-ants 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 shall survive the Close of Escrow: (a) That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) 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 To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend r:\whiscm\96\m&Uhcws.nt - 3 - and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. (b) That Seller is the sole owner of the Property free and clear of all hens, 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 shall 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 shall 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) 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 thereol (f) Seller has no knowledge of any pending, @tened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 10. FIJIJ, PA OF AIJ, OBLIGATION',; OF CUX. it is and agreed between Seller and Buyer that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acqtusition of all property mterests pe g to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attomey's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and r-.\w@\96\ma@s.aZ - 4 - Real Property Acquisition Policies Act of 1970 (42 U.S. C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by'Seller herein set forth as free and voluntary. 11. Buy-ex's Contingmcies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property shall 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 of all documents pursuant to Section 4 hereol (c) Title Company's commitment to issue in favor of Buyer of a 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 geologicalreports, or other physical inspections of the Property or the underlying real property that Buyer mightperform prior to the Close of Escrow. 12. Certification of Non-Foreign S@. Seller covenants 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. 13. - Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaulting party @ 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 shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 14. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall 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 shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective @; provided that if any r:Nwhisem%96\muhcws.nt - 5 - party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: BUYER:City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn:City Manager COPY TO:Richards, Watson & Gershon 333 So. Hope St., 38th Fl. Los Angeles, California 90071 Attn:Peter M. Thorson, Esq. SELLER:Koll Real Estate 4650 Affow Highway, Suite A-4 Montclair, California 91763 Attn:Ms. Julie A. Schlothauer ESCROWFirst American Title Company HOLDER3625 Fourteenth Street Riverside, CA 92502 15. Broker's Comuiissiom-.. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 16. fiirther Instnictoon-g. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 17. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 18.Miscellaneous (a) Appticable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b)Entire Agmment. This Agreement supersedes any prior agreement, oral or written, and together withthe Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement betweenBuyer and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or r:\whiwm\96\ma@cws.nt - 6 - representative of either party, shall 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 which is not contained herein shall be valid or binding on Seller or Buyer. I (c) Successors and Assigm. This Agreement shall be bind!-ng upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Tlme of Fqsence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Fscrow company's general Fscrow instructions. (e) Remedies Not FxcbWve 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 shall be cumulative and shall 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 shall not constitute a waiver of the right to pursue other available remedies. (f)]Interpretation and Construction. The parties agree that each party has reviewed and revised tlusAgreement and have had the opportunity to have their counsel and real estate advisors review and revisetlus agreement and that any rule of construction to the effect that ambiguities are to be resolved againstthe drafting party shall 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 where ever 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 shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. @ (g) City Manas!er Autho@ The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 19. Attom=l Fm. 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 shall be entitled to recover reasonable attorneys' fees from the other party. 20. Assigament. Buyer may assign its rights under this Agreement or may designate a nominee to acquire titl6 to the Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. r:\whiwm\96@@ews.nt - 7 - 21. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 8, 9, 10, and 15 hereof, and Buyer and Sell release Escrow Holder from liability or obligation as to Section 8, 9, 10, and 15 hereof 22. Counterparts. This agreement may be signed in one or more counterparts, each of which shall be deemed an original , and all of which taken together shall be deemed a single, integrated, document. A facs@e transmission of a signature shall be valid and binding hereunder. IN WrrNESS F, the parties hereto have executed this Agreement as of the day and year first written above. SELLERS MS. MARION PATTERSON DENNY BUYM CITY OF TFZvl]ECLTLA, a municipal corporation: Karel Lindemans, Mayor ATMT: B_y June S. Greek, City Clerk APPROVED AS TO FORM: By Peter M. Thorson City Attomey r:Xwhis=\%@tfficws.nt -9- EXHIBIT A Page 1 of 2 LEGAL DESCRIPTION ACQUISITION PARCEL In the State of California, County o, Riverside, City of Temecula, that portion of Lot 1, Tract 21 375, as shown by map on file in Book 1 65, pages 25 and 26 of Maps,- records of said County, described as follows: BEGINNING at the most northwesterly corner of said Lot 1 , thence easterly along the northerly line thereof North 7,4' 1 8'39" East 1 5.83 feet (N 74' 1 7'1 2" E per Tract 21 375); thence leaving said line South 36'28'57" West 1 3.72 feet; thence southerly along a line parallel with and 5 -feet easterly, measured at right angles, of the westerly line o f said Lot 1 South 1 5 '4 1 '21 " East 1 46.94 f eet (S 1 5 '42'48 " E per Tract 21 375); thence South 1 2'43'47" East 96.85 feet to said westerly line; thence northerly thereon North 1 5 '41'21 " West 252.09 feet (N 1 5 '42'48" W per Tract 21375) to the POINT OF BEGINNING. Basis of bearings: Field survey based on First Street west of Front Street bearing North 44'30'26" East per PM 7674 (86/50-5 1). .7, Norris, PE. C15446 References: First American Title Company title report 2034430 dated as of June 22, 1 995; Tract 21 375 per Map 165/26 and a map referenced therein as 'Riv. Co. Survey Map 204-926" which is Caltrans Monumentation Map # 441 543. NORRIS-REPKE, INC. 33055 Vino VVay Temecula, CA 92591 July 29, 1996 Denny, Tarnutzer, Mathews, Ross, Tyrrell. Hooper A.P.N. 922-091-003-4 Order # 2034430 \92OJkTR21375.LD -Page 2 of 2 EXHIBIT A @0- NORRIS-REPKE.INC. vm WAY 7 4-'l 7'1 2' E) CA 92591 74'18'39' E 676-Ml 6 FT,-[ 67@ooiS 30' 15.83' i.N 92-03 7 PO 50' C. Cn Ca LLI U) 0 U- Lot I 3: Tr 21 375 Map 165 /25-26 C'4 co z Z Record per Tract 21375 Record per Caltrans Mon. Map 441543 Area=1064ñ sq.ft. (0.024 Ac.) S.Line Lot 1 GRAPHIC SCALE 0 loo "C" St. N 74'22'36' E IN FEET Owners: Denny, Tornutzer,Mathews, Ross, Tyrrell, Hooper DRAWN JPN Por. Lot L Tr 21375 DATE 7-29-96 'APPR. JPN MaLp 165/25-26 SCALE l' = 50' .ORDER 2034430 Riverside County, CoLlifornioL :By NORRIS-REPKE INC. I:A.P.N. 922-091-003-4 CITY OF TEMECULA DWG Di\P\9203\DWG\LI)S,BASE14.DWGS Page I of 2 EXHIBIT B Denny et ai. Prope@ TEMPORARY CONSTRUCTION EASEMENT In the State of California, County of Riverside, City of Temecula, that portion oflot I, Tract 21375. as shown by map on file in Book 165, pages 25 and 26 of Maps, records of 'd County, described as follows: sai That portion of said Lot 1 lying wester7y of the following desccribed line; SE(31NNING at a point on the westerly line of said Lot 1, distant thereon 270.72 feet from the northerly terminus of said westerly line; thence North 74' 1 8'39' East 5.64 feet: thence parallel with and 55.64 feet easterly of the centerline of Front Street, as shown on said Tract Map 21375, North 15'41'21' West 114.79 feet; thence North 74' 1 8'39" East 35.00 feet; thence parallel with and 90.64 feet easterly of said centerline of Front Street, North 15141'21 ' West 103.42 feet; thence South 74Q 1 8'39' West 40.64 feet to said westerly line of said Lot 1. EXCEPTING Parcel A as described in 'Exhibit A'. Basis of bearings: Field survey based on First Street west of Front Street bearing North 44030'26' East per PM 7674 (86/50-51). References: First American Title Company title report # 2034430 dated as of June 22, 1 995; Tract 21375 per Map 165/26 and a map refe(enced therein as 'Riv. Co. Survey Map 204-926' Yvh;ch is Caftrans monumentatiori Mzip 441543, Jack P. No@, PE. Cl@6 NORRIS-REPKE, INC. 33055 Vino Way Danny, Tarnutzer eta[. Temecula, CA 92591 September 26,1996 A.P.N. 922@1-003-4 Order ff- 2034430 Page 2 of 2 EXHIBIT B t4ORRlS-REPKE.[N U-4 E-@ 33055 MW WAY @F-CULA. CA 97"1 PCL. A T.1 @WO 676-581a -0016 909@ 67a J.N 02-03 50' kp 74'1 -4n. 6 4'-. C, 90.6-4' 0 z N 74'18'39" C CN -Lot I Tr 21,3 7 5 mag 165/2!5-26 zZ C4 in z Record bearing per Tract Map 21375 POB 6 4' N 7 4'1 8'3 9 E Area=4.095ñ sq.ft, (0.0940 Ac.) GRAPHIC SCALE 0 loo IN @T Owner5:Denny, Taf-nutzer, Mathews, Ross, Tyrret), Hooper DRAWN JPN Por, Lot 1, Tr 21375 DATE 9/26/96 APPR. JPN HOLP 165/25-26 SCALE I' = 50' ORDER 2034430 Rlversicle Coun-ty, CcLtiiPornIoL BY NORRIS-REPKE it4c. A.P.N. 922-091-003-4 CITY OF TEMECULA DVG D,\P\9203\DWG\LDS-DWG PURCHASE AND SALE AGRF@F@114F@NT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of -,19 by and between Virginia Rae Matthews, Ms. Bettie Patricia Ross, Mr. P. Richard Tamutzer, Ms. Marion Patterson Denny, Maywood MitcheU Tyrefl, Mr. Alan Vories Hooper, Mr. Gregory Mitchell Hooper ("Seller"), and THE CITY OF TEMECULA, a municipal corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITAM A. On October 8, 1996 the Buyer delivered Seller an offer (the "Offer") to purchase the real property interests described in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof (the "Property") pursuant to Title 1, Division 7, Chapter I of the Government Code of the State of California (Section 7260, et seq.). B.Buyer intends to use the Property for public purposes. C. 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 foregoing premises operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: 1.Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Propertyto Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafterset forth. 2.Purchase @. The total purchase price for the Property to be paid by Buyer is the sum of Ten Thousand Eight Hundred Twenty-one Dollars ($10,821.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. 3. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall @ request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure r:\whi8em\96@tthews.agt Buyer's fee 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"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and I (b) Those non-monetary exceptions approved by Buyer @ithin fifteen (15) 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 shall thereupon terminate, all funds deposited tharem shall be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally disapproves any such exceptions,.then Seller shall 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 Oess Buyer's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the Property shall be free and clear of all monetary encumbrances. 4. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5. Aiithoirization to Record Dociiments and Disburse @ind,,.. 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)Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (b) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section II; and(c) Seller shall have deposited in Escrow the Grant Deed required by Section 4. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through tins Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. r:kwhis=\%@uhcws.qt - 2 - 6. Escrow. The parties hereby establish an escrow ("Escrow") to accomodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which ig not later than the first business day occurring sixty (60) dalls after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. Buyer shall pay all escrow costs. 7. F-scrow CharL-es and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messen I ger services, long distance telephone, etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shau fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. Ticen-;e to Fnter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of malting inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. Buyer shall give Seller reasonable notice before going on the the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Bu_yer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Warranties and Repmentation-, of Seller. Seller hereby represents and wan-ants 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 shall survive the Close of Escrow: (a) That (i) on the Close of Escrow the Property @ be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) 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 To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend r:\whism\96\matdwws.nt - 3 - and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiqg the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. (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 shall 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 shall 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) There are no mechanics', materialmen's or @ar 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. (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 which is in any way related to the Property. 10. FIJTJ, PAYWNT OF All, OBLIC-ATIONS OF CITY. it is and agreed between Seller and Buyer that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attomey's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and r:\w@\96\mauhcws.nt - 4 - Real Property Acquisition Policies Act of 1970 (42 U.S. C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by'Sefler herein set forth as free and voluntary. 11. Bu='s Contingmcies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property shall 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 of all documents pursuant to Section 4 hereof. (c) Title Company's commitment to issue in favor of Buyer of a 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 or the underlying real property that Buyer might perform prior to the Close of Escrow. 12. Certification of Non-Foreign S@. Seller covenants 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. 13. - Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaultlng party shall have, m addition to all rights available at law or equity, the nght 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 shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or eq!jity. 14. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall 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 shall be sent to Escrow Holder. Notices shall be addressed 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 shall thereafter be given as demanded in that notice: BUYER:City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn:City Manager COPY TO:Richards, Watson & Gershon 333 So. Hope St., 38th Fl. Los Angeles, California 90071 Attn:Peter M. Thorson, Esq. SELLER:Kotl Real Estate 4650 Arrow Highway, Suite A-4 Montclair, California 91763 Attn:Ms. Julie A. Schlothauer ESCROWFirst American Title Company HOLDER3625 Fourteenth Street Riverside, CA 92502 15. Broker's Commissoon-;. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 16.@rther InstnictoorL-g. Each party agrees to execute such other and @er escrow instructions as may be n or proper in order to consummate the transaction contemplated by this Agreement. 17. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 18.Miscellaneous (a) Appflcable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b)Entire Agmment. This Agreement supersedes any prior agreement, oral or written, and together withthe Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement betweenBuyer and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or r:\whi@\96\=Mews.W - 6 - representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is autho@ to make, and by execution hereof Sefler 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 which is not contained herein shall be valid or binding on Seller or Buyer. (c) Successois and Assigm. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of Fvsence. 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) Remedies Not Ecclusive and Waiym. 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 shall be cumulative and 9W be m 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 shall not constitute a waiver of the right to pursue other available remedies. (f) ion and Construction. The parties agree that each party has reviewed and revised this Agreement and 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 shall 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 where ever 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 shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. I (g) City Manager Autho@ The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 19. AU ' Fm. 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 shall be entitled to recover reasonable attorneys' fees from the other party. 20. Assigument. 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 shall not relieve Buyer of any of its obligations under this Agreement. r:\whism\% cws.ag - 7 - 21. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 8, 9, 10, and 15 hereof, and Buyer and Sell release Escrow Holder from liability or obligation as to Section 8, 9, 10, and 15 hereof 22. Counterparts. This agreement may be signed in one or more counterparts, each of which shall be deemed an original , and all of which taken together shall be deemed a single, integrated, document. A facs@e transmission of a signature shall be valid and binding hereunder. IN S F, the parties hereto have executed this Agreement as of the day and year first written above. SELLERS MAYWOOD MITCHELL TYRELL BUYER CITY OF TEMECULA, a municipal corporation: Karel Lindemans, Mayor ATMT: By June S. Greek, City Clerk APPROVED AS TO FORM: By Peter M. Tborson City Attomey r:Xwhis=\96@Uhews.nt -9- EXHIBIT A Page I of 2 LEGAL DESCRIPTION ACQUISITION PARCEL in the State of California, County or Riverside, City of Temecula, that portion of Lot 1, Tract 21 375, as shown by map on file in Book 1 65, pages 25 and 26 of Maps- records of said County, described as follows: BEGINNING at the most northwesterly corner of said Lot 1, thence easterly along the northerly line thereof North 7,4' 1 8'39" East 1 5.83 feet (N 74' 1 7'1 2" E per Tract 21 375); thence leaving said line South 36'28'57" West 1 3.72 feet; thence southerly along a line parallel with and 5 -feet easterly, measured at right angles, of the westerly line of said Lot 1 South 1 5'41'21 " East 146.94 feet (S 1 5'42'48" E per Tract 21 375); thence South 1 2'43'47" East 96.85 feet to said westerly line; thence northerly thereon North 1 5'41'21 " West 252.09 feet (N 1 5 '42'48" W per Tract 21375) to the POINT OF BEGINNING. Basis of bearings: Field survey based on First Street west of Front Street bearing North 44'30'26" East per PM 7674 (86/50-5 1). ac o rri s, PE. C15446 References: First American Title Company title report 2034430 dated as of June 22, 1 995; Tract 21 375 per Map 1 65/26 and a map referenced therein as "Riv. Co. Survey Map 204-926" which is Caltrans Monumentation Map # 441 543. NORRIS-REPKE, INC. 33055 Vino Way Temecula, CA 92591 July 29, 1996 Denny, Tarnutzer, Mathews, Ross, Tyrrell, Hooper A.P.N. 922-091-003-4 Order # 2034430 @9203 \TR 21 3 75.LD -Page 2 of 2 EXHIBIT @repqred by NORRIS-REPKE.INC. vwo WAY 74-17-12- E) CA 92591 7 4'1 8'39' E TtA (NO) 678-5816 30 15.83' F(3X (9M) 676-001,J,.N 92-03 POE3- 50' -5' ui (D C,4 Cq LO c o L- Lot I tco 2- Tr 21,3-/ 5 Mcp 165//25-26 CN u2, 6 z Z ui Record per Tract 21375 Record per ,6 (D Caltrans Mon. Map 441543 0 Area=1064ñ sq.ft. (0.024 Ac.) Line Lot 1 \L GRAPHIC SCALE 0 loo "C" St. N 74'22'36' E IN FEET uwners: Denny, Tarnutzer,Mathews, Ross, Tyrrell, Hooper .DRAWN JPN Por. Lot L Tr 21375 DATE 7-29-96 IAPPR. JPN MaLp 165/25-26 SCALE l' = 50' @ORDER 2034430 Riverside County, CaLtifornia BY NORRIS-REPKE INC. :A.P.N. 922-09i-003-4 CITY OF TEMECULA DWG Di\P\9203\DWG\LDS,BASE14.DVGS Page I of 2 EXHIBIT B Denny at al. Property TEMPORARY CONSTRUCTION EASEMENT in the state of California, County of Riverside, City of Temecula, that portion oflot 1, Tract 21375, as shown by map an file in Book 165, pages 25 and 26 of Maps, records of said County, described as follows: That portion of said Lot 1 lying westerly of the following desccribed line; 13EGINNING at a point on the westerly line of said Lot 1, distant thereon 270.72 feet from the northerly terminus of said westerly line; thence North 74' 1 8'39' East 5.64 feet; thence parallel with and 55.64 feet easterly of the centerline of Front Street, as shown on said Tract Map 21375, North 15 '41'21 West 1 14.79 feet; thence North 7411 8'39" East 35.00 feet; thence parallel with and 90.64 feet easterly of said centerline of Front Street, North 1 5 04 1'21 ' West 103.42 feet; thence South 74D 1 8'39' West 40.64 feet to said westerly line of said Lot 1. EXCEPTING Parcel A as described in 'Exhibit A'. Basis of bearings: Field survey based on First Street west of Front Street bearing North 44030'26' East per PM 7674 (86/50-51). References: First American Title Company title report # 2034430 dated as of June 22, 1 995; Tract 21375 per Map 165/26 and a map referenced therein as -Riv. Co. Survey Map 204-926' which i3 Cattrans Monumentation Map 441543. NORRIS-REPKE, INC. 33055 Vino Way Temecula, CA 92591 Jack P. No@, PE. Cl 54AO Danny, Tarnutzer et al. September 26, 1996 A.P.N. 922@1-003-4 Order ff- 2034430 Page 2 of 2 EXHIBIT B ed by NORRIS-REPKE.lt4C. 33055 VM WAY @ECLSA CA 97"] PCL. A TOI 676 5819 676-0016 i.N 02-03 50' kp s 74,18 -4n. 6 4'-., 9 0. 6-4' 0 N 7 4'1 8'3 9 C Lot I CN Ti- 21,375 zo mop 165/25-26 z U) LO z Record bearing per Tr-act Mop 21375 P013 5.6 4' N 7 4'1 8'3 9 E Area=4,095ñ sq.ft, (0.0940 Ac.) GRAPHIC SCALE 0 loo Itf FEET Owners:Denny, Taf-nutzer, Mothews, Ross. Tyrrell, Hooper DRA%JN JPN Por, Lot 11 Tr 21375 DATE 9/26/96 APPR. @N MaLp 165/25-26 SCALC I' = 50' ORDER N 2034430 River5icle Coun-ty, Catipornia 13Y NORRIS-REPKE INC. IA.P.H. 922-091-003-4 CITY OF TEMFCULA D,\P\9203\DWG\LDS.DWG PURCHASE AND SALE AGRF@FMFNT AND ESCROW INS'IRUCTIOM THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of -,19 by and between Virginia Rae Matthews, Ms. Bettie Patricia Ross, Mr. P. Richard Tamutzer, Ms. Marion Patterson Denny, Maywood Mitchell TyreU, Mr. Alan Vones Hooper, Mr. Gregory Mitchell Hooper ("Seller"), and THE CITY OF TEMECULA, a municipal corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITALS A. On October 8, 1996 the Buyer delivered Seller an offer (the "Offer") to purchase the real property interests described in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof (the "Property") pursuant to Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.). B.Buyer intends to use the Property for public purposes. C. 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 foregoing premises operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: 1.Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Propertyto Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafterset forth. 2.Purchase @. The total purchase price for the Property to be paid by Buyer is the sum of Ten Thousand Eight Hundred Twenty-one Dollars ($10,821.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. 3. Title and Title Imurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure r: \whisem\96@ahews.agt Buyer's fee 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"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and I (b) Those non-monetary exceptions approved by Buyer ;ithin fifteen (15) business days after the date Buyer receives the title commitment and legible copies of all 'Mstruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow shall thereupon termmate, all funds deposited therein shall be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally disapproves any such exceptions, -then Seller shall 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 termmate 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 shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the Property shall be free and clear of all monetary encumbrances. 4. Crant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5.Aiiiboirizagon to Record Dociiments and Disbiirse Functq. Escrow Holder is hereby autho@ torecord the documents and disburse the funds and documents called for hereunder upon the Close ofEscrow, provided each of the following conditions has then been fulfilled: (a) Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (b) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section 1 1; and(c) Seller shall have deposited in Escrow the Grant Deed required by Section 4. 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. r:Nwhisem\96\matLhows.Vt - 2 - 6. Escrow. The parties hereby establish an escrow ("Escrow") to accomodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which ig not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. Buyer shall pay all escrow costs. 7. Escrow Charges and ]Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. Ticen-.e to Fnter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. Buyer shall give Seller reasonable notice before going on the the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Warranties and Representation.,; of Seller. Seller hereby represents and wan-ants 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 shall survive the Close of Escrow: (a) That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) 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 To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend r:\whisemk96\matth@s.aZ - 3 - and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, @ or regulations of any governmental entity or agency requ@ng the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. (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 shall 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 shall 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) 'Mere are no mechanics', materialmen's or @ar 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. (f) Seller has no knowledge of any pending, @tened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 10. F[JI[l, PAYWNT OF ATJ, OIRLIGATIONI; OF CrrY. it is and agreed between Seller and Buyer that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property mterests pe g to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attomey's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and r:kw@N96\muhcws.Vt - 4 - Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263-510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by'Seller herein set forth as free and voluntary. 11. Buyrx's Contin=coes. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Bityer'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 of all documents pursuant to Section 4 hereof. (c) Title Company's commitment to issue in favor of Buyer of a 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 or the underlying real property that Buyer might perform prior to the Close of Escrow. 12. Certification of Non-Foreign Stalhi-.;. Seller covenants 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. 13. - Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaulting party @ 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 @ thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or eqpity. 14. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall 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 shall be sent to Escrow Holder. Notices shall be addressed 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 shall thereafter be given as demanded in that notice: BUYER:City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn:City Manager COPY TO:Richards, Watson & Gershon 333 So. Hope St., 38th Fl. Los Angeles, California 90071 Attn:Peter M. Thorson, Esq. SELLER:Koll Real Estate 4650 Arrow Highway, Suite A-4 Montclair, California 91763 Attn:Ms. Julie A. Schlothauer ESCROWFirst American Title Company HOLDER3625 Fourteenth Street Riverside, CA 92502 15. Broker's Commossiony.. Seller shall pay all claims of brokers, agents or fmders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 16.@rther Instnictions. Each party agrees to execute such other and @er escrow instructions as may be n or proper in order to consummate the transaction contemplated by this Agreement. 17. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 18.@ceflaneous (a) Applicable Law, This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b)Entire Am=ment. This Agreement supersedes any prior agreement, oral or written, and together withthe Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement betweenBuyer and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or r:\whis=\%\nu@ews.Vt - 6 - representative of either party, shall 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 which is not contained herein shall be valid or binding on Seller or Buyer. I (c) Successors and Assim. This Agreement @ be bindtng upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of F-%ence. 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) Remedies Not Fxcliisive and Waivers. No remedy confeffed by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be m 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 shall not constitute a waiver of the right to pursue other available remedies. (f) on and Construction. The parties agree that each party has reviewed and revised this Agreement and 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 shall 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 where ever 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 shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. . (g) City Manager Autho@ The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 19. Att Em. 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 shall be entitled to recover reasonable attorneys' fees from the other party. 20. Assizoment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire titte'to the Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. r:\whiwm\96@Uhcws.nt - 7 - 21. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 8, 9, 10, and 15 hereof, and Buyer and Sell release Escrow Holder from liability or obligation as to Section 8, 9, 1 0, and 1 5 hereof 22. Counterparts. This agreement may be signed in one or more counterparts, each of which shall be deemed an original , and all of which taken together shall be deemed a 94e, integrated, document. A facs@e transmission of a signature shall be valid and binding hereunder. IN S WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLERS MR. ALAN VORIES HOOPER BUYF,R CITY OF CUILA, a municipal corporation: Karel Lindemans, Mayor ATTF,ST: Bv June S. Greek, City Clerk APPROVED AS TO FORM: By Peter M. Thorson City Attorney r:kw@\96@Uhcws.ag -9- EXHIBIT A Page I of 2 LEGAL DESCRIPTION ACQUISITION PARCEL in the State of California, County o@ Riverside, City of Temecula, that portion of Lot 1, Tract 21 375, as shown by map on file in Book 1 65, pages 25 and 26 of Maps-, records of said County, described as follows: _ BEGINNING at the most northwesterly corner of said Lot 1 , thence easterly along the northerly line thereof North 7,4' 1 8'39" East 1 5.83 feet (N 74' 1 7'1 2" E per Tract 21 375); thence leaving said line South 36'28'57" West 1 3.72 feet; thence southerly along a line parallel with and 5 -feet easterly, measured at right angles, of the westerly line of said Lot 1 South 1 5 '41 '21 " East 1 46.94 feet IS 1 5 '42'48" E per Tract 21 375); thence South 1 2'43'47" East 96.85 feet to said westerly line; thence northerly thereon North 1 5'41'21 " West 252.09 feet (N 1 5'42'48" W per Tract 21375) to the POINT OF BEGINNING. Basis of bearings: Field survey based on First Street west of Front Street bearing North 44'30'26" East per PM 7674 (86/50-51). 7, Jac orris, PE. C15446 References: First American Title Company title report 2034430 dated as of June 22, 1 995; Tract 21 375 per Map 1 65/26 and a map referenced therein as 'Riv. Co. Survey Map 204-926" which is Caltrans Monumentation Map # 441 543. NORRIS-REPKE, INC. 33055 Vino V\iay Temecula, CA 92591 July 29, 1996 Denny, Tarnutzer, Mathews, Ross, Tyrrell, Hooper A,P.N. 922-091-003-4 Order # 2034430 \92OJkTR21375.LD -Page 2 of 2 EXHIBIT (-Prepared by NORRIS-REPKE.INC. CM @ - L- a- ; VM WAY 7-12- E) CA 92591 8'39' E Tel @NO 676-5816 30 Fox 909@ 67@ljd.N 92-03J PO 50' L'i C), Cn 0 CN (n LO ui C4 0 Lot 1 Tr 21 3-/ 5 Mcp 165 /25-26 in z Z Record per Tract 21375 Record per ,6 Caltrans Mon. Map 441543 V) Area=1064ñ sq.ft. (0.024 Ac.) S.Line Lot I GRAPHIC SCALE 0 100 "C" St. N 74'22'36' E IN FEET -...iers: Denny, Tarnutzer,Mathews, Ross, Tyrrell, Hooper DRAWN JPN Pc)r. Lot L Tr 21375 @DATE 7-28-96 ;APPR. JPN Mcxp 165/25-26 SCALE l' 50' @BY NORRIS-REPKE INC. @ORDER 2034430 Riverside County, Cc)Ltlfornia @A.P.N. 922-091-003-4 CITY OF TEMECULA DWG Di\P\9203\DWG\LDS,BASE14.I)VGS Page 1 of 2 EXHIBIT B Denny et al. Property TEMPORARY CONSTRUCTION EASEMENT in the State of California, County of Riverside, City of Temecula, that portion of-Lot 1, Tract 21375, as shown by map on file in Book 165, pages 25 and 26 of Maps, records of sa id County, described as follows: That portion of said Lot 1 lying wester7y of the following desccribed line; BEGINNING at a point on the Westerly line of said Lot 1, distant thereon 270.72 feet from the northerly terminus of said westerly line; thence North 7411 8'39' East 5.64 feet: thence parallel with and 55.64 feet easterly of the centerline of Front Street, as shown on said Tract Map 21375, North 15 '41'21 West 1 14.79 feet; thence North 7411 8'39" East 35.00 feet; thence parallel with and 90.64 foot easterly of said centerline of Front Street, North 15041'21' West 103.42 feet; thence South 74118'39' West 40.64 feet to said westerly line of said Lot 1. EXCEPTING Parcel A as described in 'Exhibit A'. Basis of bearings: Field survey based on First Street west of Front Street bearing North 44030'26' East per PM 7674 (86150-51). References: First American Title Company title report # 2034430 dated as of June 22, 1 995; Tract 21 376 per Map 165/26 and a map referenced therein as -Riv. Co. Survey Map 204-926' which Is Caftrans Monumentation Map 441543. Jack P. No@, PE@ C154-46 NORRIS-REPKE, INC. 33055 Vino Way Denny, Tarnutzer et al. Temecula, CA 92591 September 26, 1 996 A.P.N. 922@1-003-4 Order #- 2034430 Page 2 of 2 EXHIBIT B "ORR S-REPKE:.INC. @l Cl.4 33055 MW WAY @CCU" CA 92@l T.i 676-5819 PCL. 676-0016 J.N 02-0 -3 50' S 7 4'1 -4'0. 6 4- 'Po 0 9 0. 6,4' 0 VI cli c: 0 N 74'18'39" E Tr 21,3 7 5 mop i65/25-26 ZZ t Record bearing per z Troct mop 21375 Poe 5.6 4' N 7 4'1 8'3 9 E Area=4,095ñ sq,ft, (0.0940 Ac.) GRAPHIC SCALE 0 IN FEET Owners:Denny, Tornutzltr, Mothews, Ross. Tyrrell, Hooper DRAWN JPN Por, Lot 1, Tr 21375 DATE 9/26/96 APPR. JPN Map 165/25-26 SCALE I' = 50' ORDER 9 2034430 Riversicle Coun'tY, CcLtlf:'Ornla BY NORR[E-PEPKE INC. A.P,N. 922-09t-003-4 CITY OF TEMECULA D,\P\c),PO3\DVG\LDS.DWG PURCHASE AND SALE AGRF@FNL[FNT AND ESCROW INSTRIJCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of -,19 by and between Virginia Rae Matthews, Ms. Bettie Patricia Ross, Mr. P. Richard Tamutzer, Ms. Marion Patterson Denny, Maywood Mitchell Tyrefl, Mr. Alan Vories Hooper, Mr. Gregory Mitchell Hooper ("Seller"), and THE CITY OF TEMECULA, a municipal corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RF@CITALS A. On October 8, 1996 the Buyer delivered Seller an offer (the "Offer") to purchase the real property interests described in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof (the "Property") pursuant to Title 1, Division 7, Chapter I of the Government Code of the State of California (Section 7260, et seq.). B.Buyer intends to use the Property for public purposes. C. 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 foregoing premises operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: 1.Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Propertyto Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafterset forth. 2.Purchase @. The total purchase price for the Property to be paid by Buyer is the sum of Ten Thousand Eight Hundred Twenty-one Dollars ($10,821.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. 3. Title and Title Msuranct. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall @ request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's fee title to the Property shall be insured at the Close of Escrow by a CLTA Ownef's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure r: \whisem\96@ithews. agt Buyer's fee 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 Exr-eptions"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and (b) Those non-monetary exceptions approved by Buyer @ithin fifteen (15) 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 shall thereupon temmte, all funds deposited therein shall be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally disapproves any such exceptions, -then Seller shall 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 shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the Property shall be free and clear of all monetary encumbrances. 4. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Dead duly executed and acknowledged by Seller, granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5.Aiitborization to Record Doctiments and Disburse Funds. Escrow Holder is hereby author torecord the documents and disburse the funds and documents called for hereunder upon the Close ofEscrow, provided each of the following conditions has then been fulfilled: (a) Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (b) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section 1 1; and(c) Seller shall have deposited in Escrow the Grant Deed required by Section 4. 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. 2 - 6. Escrow. The parties hereby establish an escrow ("Escrow") to accomodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which ig not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. Buyer shall pay all escrow costs. 7. Escrow Charges and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. 'ticen-;e to Fnter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an iffevocable license to enter upon the Property for the purpose of malting inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. Buyer shall give Seller reasonable notice before going on the the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Warranties and Represeniat*ons of Seller. Seller hereby represents and wan-ants 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 shall survive the Close of Escrow: (a) That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) 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 To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend r:\whism\96\mauhcvis.nt - 3 - and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, ndd or regulations of any governmental entity or agency requ@ the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. (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 shall 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 shall 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) There are no mechanics', materialmen's or @ar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of tius 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 nght 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. (f) Seller has no knowledge of any pending, M=tened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 10. FIJII, PAYMF@NT OF All, ORTIGATIONIG OF CIW. it is and agreed between Seller and Buyer that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pe g to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attomey's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and r:\w@\%@uhewg.agt - 4 - Real Property Acquisition Policies Act of 1970 (42 U.S. C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and voluntary. 11. Buyer's Contingencies. For the benefit of Buyer, the Closing of-Escrow and the Buyer's obligation to consummate the purchase of the Property shall 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 of all documents pursuant to Section 4 hereof. (c) Title Company's commitment to issue in favor of Buyer of a 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 or the underlying real property that Buyer might perform prior to the Close of Escrow. 12. Certification of Non-ForeiLyn Status. Seller covenants 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. 13. , Defmh. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaultmg party shall have, m 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 shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 14. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall 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 shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any r:\whiwm\96\matffiews.mt - 5 - party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: BUYER:City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn:City Manager COPY TO:Richards, Watson & Gershon 333 So. Hope St., 38th Fl. Los Angeles, California 90071 Attn:Peter M. Thorson, Esq. SELLER:Koll Real Estate 4650 Arrow Highway, Suite A-4 Montclair, California 91763 Attn:Ms. Julie A. Schlothauer ESCROWFirst American Title Company HOLDER3625 Fourteenth Street Riverside, CA 92502 15. Broker's Commossoony.. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 16. Each party agrees to execute such other and @er escrow instructions as may be n@sary or proper in order to consummate the transaction contemplated by this Agreement. 17. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 18.@cellaneous (a) Appflcable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b)Entire Agmment. This Agreement supersedes any prior agreement, oral or written, and together withthe Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement betweenBuyer and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or r:\whismN96\ma@ews.nt - 6 - representative of either party, shall 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 which is not contained herein shall be valid or binding on Seller or Buyer. (c) Successors and Assigns. This Agreement shall be bindtng upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of F-ssence. 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) Remedies Not Fxcliisive 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 shall be cumulative and shall be m 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 shall not constitute a waiver of the right to pursue other available remedies. (f) Int on and Construction. The parties agree that each party has reviewed and revised dus Agreement and 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 shall 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 it party" include corporation, partnership, firm, trust, or association where ever 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 shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. I (g) City ManaL7er Auth@ The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 19. AttomW' F=. 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 shall be entitled to recover reasonable attorneys' fees from the other party. 20. Assigament. 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 shall not relieve Buyer of any of its obligations under this Agreement. 7 - 21. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 8, 9, 10, and 15 hereof, and Buyer and Sell release Escrow Holder from liabifity or obligation as to Section 8, 9, 10, and 15 hereof 22. Counterparts. This agreement may be signed in one or more counterparts, each of which shall be deemed an original , and all of which taken together shall be deemed a single, integrated, document. A facs@e transmission of a signature shall be valid and binding hereunder. -8- IN S F, the parties hereto have executed this Agreement as of the day and year first written above. SELLERS MR. GREGORY MITCHELL HOOPER B CIW OF CUILA, a municipal corporation: Karel Lindemans, Mayor ATTOT: By June S. Greek, City Clerk APPROVED AS TO FORM: By Peter M. Thorson City Attorney -9- EXHIBIT A Pa e I of 2 9 LEGAL DESCRIPTION ACQUISITION PARCEL In the State of California, County c, Riverside, City of Temecula, that portion of Lot 1, Tract 21 375, as shown by map on file in Book 1 65, pages 25 and 26 of Maps-, records of said County, described as follows: BEGINNING at the most northwesterly corner of said Lot 1 , thence easterly along the northerly line thereof North 74' 1 8'39" East 1 5.83 feet (N 74' 1 7'1 2" E per Tract 21 375); thence leaving said line South 36'28'57" West 1 3.72 feet; thence southerly along a line parallel with and 5 -feet easterly, measured at right angles, of the westerly line of said Lot I South 1 5 '41'21 " East 1 46.94 feet (S 1 5 '42'48" E per Tract 21 375); thence South 1 2'43'47" East 96.85 feet to said westerly line; thence northerly thereon North 1 5'41'21 " West 252.09 feet (N 1 5 '42'48" W per Tract 21375) to the POINT OF BEGINNING. Basis of bearings: Field survey based on First Street west of Front Street bearing North 44'30'26" East per PM 7674 (86/50-5 1). Jac orris, PE. C15446 References: First American Title Coi-npany title report 2034430 dated as of June 22, 1 995; Tract 21 375 per Map 1 65/26 and a map referenced therein as "Riv. Co. Survey Map 204-926" which is Caltrans Monumentation Map # 441 543. NORRIS-REPKE, INC. 33055 Vino VVay Temecula, CA 92591 July 29, 1996 Denny, Tarnutzer, Mathews, Ross, Tyrrell, Hooper A.P.N. 922-091-003-4 Order # 2034430 \9203%TR21375.LD Page 2 of 2 EXHIBIT A NORRIS-REPKE.INC. vm WAY 7-12- E) CA, 92521 8'39' E T@ 30 676-00 .83' 1J.N 92-0.3 PO 50 -5' ui 0 (D C)- C,4 ui to q) 0 Lot I a:) Tr 21375 Map 165//25-26 z Z ui Record per Tract 21375 Record per C4 (D Caltrans Mon. Map 441543 Area=1064ñ sq.ft. (0.024 Ac.) ine Lot 1 \IL 0 tn GRAPHIC SCALE 0 100 "C'. St. N 74'22'36' E IN FEET i uwners: Denny, Tarnutzer, Mathews, Ross, Tyrrell, Hooper DRAWN JPN Por. Lot L Tr 21375 DATE 7-29-96 APPR. JPN MoLp 165/25-26 SCALE l' = 50' @:DRDER 2034430 Riverside County, CaliforniaL :By NORRIS-REPKE INC. OF TEMECULA DWG Di\P\9203\DWG\LJ)S.BASE14.DWGS Page I of 2 EXHIBIT B Denny et al. Property TEMPORARY CONSTRUCTION EASEMENT in the State of California, County of Riverside, City of Temecula, that portion oflot 1, Tract 21375, as shown by map on file in Book 165, pages 25 and 26 of Maps, records of sal 'd County, described as follows: That portion of said Lot 1 lying westerly of the following desccribed line; 13EGINNING at a point on the westerly line of said Lot 1, distant thereon 270.72 feet from the northerly terminus of said westerly line; thence North 7411 8'39' East 5.64 feet-, thence parallel with and 55.64 feet easterly of the centerline of Front Street, as shown on said Tract Map 21375, North 15'41'21' West 114.79 feet; thence North 7411 8'39" East 35.00 feet; thence parallel with and 90.64 feet easterly of said centerline of Front Street, North 15141'21' West 103.42 feet: thence South 74" 1 8'39' West 40.64 feet to said westerly line of said Lot 1. EXCEPTING Parcel A as described in 'Exhibit A'. Basis of bearings: Field survey based on First Street west of Front Street bearing North 44030'26' East per PM 7674 (86150-51). References: First American Title Company title report # 2034430 dated as of June 22, 1995; Tract 21376 per Map 165/26 and a map referenced therein as 'Riv. Co. Survey Map 204-926' which i3 Cattrans Monumentation Map 441543. Jack P. No@. PE. Cl 54-46 NORRIS-REPKE, INC. 33055 Vino Way Denny, Tarnutzer et al- Temecula, CA 92591 September 26,1996 A.P.N. 922-01-003-4 Order It 2034430 Page 2 of 2 EXHIBIT B t4ORRIS-REPKE.lt4C. 33055 vm WAY @Ecu" CA 92591 PCL. A 679-5819 -0016 909@ 674 J.N 92-OLJ 5()' S 74'18 39' W 90.6,4' 0 Ln V) C,4 r- 0 E Lot A Tr 21375 Zo n 165/25-26 zz Record bearing per Tract Mop 21375 P013 5.64' N 7 4'1 8'3 9 E Area=4.,095ñ sq.ft, (0.0940 Ac.) GRAPHIC SCALE 100 IN FEET Owners:Denny, Tornutz@r, Mothews, Ross, Tyrrell, Hooper DRAWN JPN Por. Lot 1, Tr 21375 DATE 9/26/96 APPR. JPN Mop lG5/25-26 SCALE I' = 50' ORDER 2034430 Riverside Coun-ty, CcLtipornlo, BY NORRIS-REPKE: INC. JA.P.H. 522-091-003-4 CITY OF TEMECUL ),\P\9203\DVG\LDS.DWG ITEI\4 18 ORDINANCE NO. 97-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0106 (ZONING AMENDMENT, SPECIFIC PLAN NO. 219) AMENDING PLANNING AREAS 1, 2, 6, 9, 14, 27, 28, 29, 36 AND 37 OF PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE AND ADDING PLANNING AREA 38 TO THE PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE, ON PROPERTY GENERALLY LOCATED NORTH OF SR79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA ROAD AND WEST OF BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 950-020-001 THROUGH 950-020-004, 950-020-009 THROUGH 950-020-025, 950-020-027, 950-020-029, 955-030-002 THROUGH 955-030-004 AND 955-030-006 THROUGH 955-030-011 THE CITY COUNCIL OF THE CITY OF TEMIECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findings, The City Council in approving Planning Application No. PA96- 0106 (Zoning Amendment, Specific Plan No. 219), makes the following findings, to wit: 1 . Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219), as proposed, is compatible with the health, safety and welfare of the community. 2. Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) is consistent with the City's General Plan, due to the fact that the subject request is in substantial conformance with the proposed General Plan Land Use Plan amendment and the Village Center Overlay amendment. 3. Specific Plan No. 219 for development of Paloma del Sol was incorporated into Amendment and Restatement of Development Agreement between the City of Temecula and KRDC, Inc. and Mesa Homes ("Development Agreement"), the predecessor-in-interest to Newland Associates, Applicant for Specific Plan No. 219, Amendment No. 5. The Development Agreement was approved by the City Council of the City of Temecula and recorded on February 18, 1993 ("Effective Date") in the Official Records of the Riverside County Recorder. Ords\97-01 The applicant and the City have agreed to include certain standards in the Specific Plan Amendment No. 5 pertaining to the Village Center Design Guidelines and roadway cross-sections which are now requirements of the City's current General Plan but were not included as part of the General Plan in effect when the Development Agreement was recorded. These agreed upon standards are: A. The Applicant has added Design Guidelines in Section IV of Specific Plan 219 entitled 'D. Village Center Design Guidelines". B. The Applicant has amended the 'Arterial Highway' and 'Major Road'cross-sections on Figures 5A and 5B of Specific Plan 219 to conform to the City's General Plan 'Artefial Highway' and 'Major Road' cross-sections. The City further finds that the applicant's acceptance of the City's General Plan "Arterial Highway" and "Major Highway" cross- sections is based on certain understandings and arrangements reached with the City whereby any costs of implementation will be reimbursed to the Applicant. C.The Applicant has amended the 'Highway 79' cross-section on Figure 5B of Specific Plan219 to increase paved area and to reduce the parkway area in accordance with current Stateof California criteria. 4.The City Council finds and determines that the changes to the existing development approvalsfor Paloma del Sol proposed in Specific Plan 219, Amendment No. 5, are deemed to be "minor"as defined in Section 14.3 of the Development Agreement and do not require an amendmentto the Development Agreement. The City finds and determines that by accepting the City's new General Plan standards of development as set forth in this Section, the Applicant has not waived any of its vested development rights under the Development Agreement. 5. The project is compatible with surrounding land uses. The project consists of the modification to an existing Specific Plan, with an overall reduction in density. Ultimate development of the site will be consistent and compatible with the existing land use in the area. 6. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219. 7. The changes proposed in the approved Specific Plan are minor and do not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report 235. The mitigation measures prepared for this Environmental Impact Report (EIR) will be applied to this project. Section 2. Environmental Complia@ The City of Temecula General plan EIR was certified on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the County Board of Super-visors. It has been eight (8) years Ords\97-01 2 since the environmental analysis was performed for this project. In addition, an Addendum to that EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon this information, it is Staffs opinion that due to the scope (a decrease in the overall density of the project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. The City Council hereby determines that the project is consistent with a project for which an Environmental Impact Report was previously certified. Section 3. Conditions, That the City of Temecula City Council hereby approves Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) on property generally located north of SR79 South, east of Meadows Parkway (north) and Margarita Road (south), south of Pauba Road and west of Butterfield Stage Road and known as Assessor's Parcel Numbers 950- 020-001 through 950-020-004, 950-020-009 through 950-020-025, 950-020-027, 950-020-029, 955-030-002 through 955-030-004 and 955-030-006 through 955-030-01 1, subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 4. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Ords\97-01 3 Section 5. PASSED, APPROVED, AND ADOPTED this th day of January, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 97-01 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of January, 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 1 lth day of February, 1997 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Greek, CMC City Clerk Ords\97-01 4 ITEI\4 19 ORDINANCE NO. 97-02 AN ORDINANCE OF THE CITY COUNCIIL OF THE CITY OF TEMIECULA AMENDING THE ZONING MAP OF THE CITY OF TEM[ECULA WHEREAS, Section 65800 of the Govemment Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; and AS, Sections 65860 of the Govemment Code requires that a zoning ordinance shall be consistent with the adopted general plan of the city; and WHEREAS, there is a need to amend the Zoning Map to accurately reflect private property and to be consistent with the adopted General Plan; and WHEREAS, the Planning Commission has held a duly noticed public hearing on August 19, 1996, and recommended that the City Council approve the attached amendments to the City Zoning Map; and WHEREAS, That this Ordinance complies with all the applicable requirements of State law and local ordinances; and, NMERF,AS, notice of the proposed Ordinance was posted at City Hall, County Library, Rancho Califomia Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; and, WHEREAS, the City Council has held a duly noticed public hearing on January 28, 1997 to consider the proposed amendments to the City Zoning Map. THE CITY COUNCIIL OF THE CITY OF TEMIECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. ENVIRONMENTAL REVIEW, The City Council hereby finds that the Negative Declaration for the Development Code and Zoning Map accurately described and discussed the environmental impacts of the amended Zoning Map on City of Temecula and its surrounding areas Section 2. AMENDMENTS TO THLP, CITY ZONING MAP The City Council hereby amends the Zoning Map for the City of Temecula as specified below: Ords\97-02 A.For the parcel identified as APN 911-150-039, change the Zoning Designation from SpecificPlan (SP) to Low-Medium Density Residential (LM). B.For the parcel identified as APN 921-300-006, change the Zoning Designation from Medium Density Residential (M) to Public Parks and Recreation (PR). C. For the parcel identified as APN 954-020-005, change the Zoning Designation from Specific Plan (SP) to Public Institutional (PI). D. For the parcel identified as APN 953-150-038, change the Zoning Designation from Specific Plan (SP) to Public Institutional (PI). E. Remove the General Plan Residential Density Ranges from the Legend of the Zoning Map. Section 3. SEVERABIIJTY- The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. NOTICF, OF ADOPTION, The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 5. FFFF.CTIVE DATE, This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Ords\97-02 2 Section 6. PASSED, APPROVED AND ADOPTED this llth day of February, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, Califomia, do hereby certify that the foregoing Ordinance No. 97-02 was duly introduced and placed upon its first reading at a regular meeting of the City Council on 28th day of Janauary, 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of Temecula on the 1 1 th day of February, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Greek, CMC City Clerk Ords\97-02 3 TENAECULA COMN4UNITY SERVICES DISTRICT ITEI\4 I MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD JANUARY 28, 1997 A regular meeting of the Temecula Community Services District was called to order at 7:56 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. President Jeffrey E. Stone presiding. ROLL CALL PRESENT: 5 DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone ABSENT: 0 DIRECTORS: None Also present were General Manager Ronald E. Bradley, City Attorney Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Director Birdsall, seconded by Director Lindemans to approve Consent Calendar Items 1 and 2. The motion carried as follows: AYES: 5 DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None 1 Minutes 1.1Approve the minutes of January 14, 1 997. 2Approve Purchase of Concrete Maintenance Machine RECOMMENDATION: 2.1Approve purchase order of $1 7,634 to Marco Equipment Company for the purchase of a concrete maintenance machine. 2.2Approve budget transfer of $1 7,634 from Account #1 90-1 80-999-521 2 to #1 90-180-999-561 0. r:\minutes.csd\Ol 2897 -1- DIRECTOR OF COMMUNITY SERVICES REPORT None given. GENERAL MANAGERS REPORT None given. BOARD OF DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Director Lindemans, seconded by Director Birdsall to adjourn at 7:57 PM to a meeting on February 11, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Jeff Stone, President ATTEST: June S. Greek, CMC, City Clerk/ District Secretary r:\minutes.csd\Ol 2897 -2- REDEVELOPMENT AGENCY ITEI\4 I MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD JANUARY 28, 1997 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:57 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairperson Steven J. Ford presiding. PRESENT: 5 AGENCY MEMBERS: Birdsall, Lindemans, Roberts, Stone, Ford ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given, CONSENT CALENDAR. It was moved by Agency Member Stone, seconded by Agency Member Lindemans to approve Consent Calendar Item No. 1. 1 Minutes 1.1 Approve the minutes of January 14, 1 997. The motion carried as follows: AYES: 5 AGENCY MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None AGENCY BUSINESS 2Consideration of Sponsorship Requests Assistant City Manager Mary Jane McLarney presented the staff report. Agency Member Roberts asked that the vote be taken separately since he will need to abstain on the Balloon and Wine Festival request. Suzanne St. John, 30245 Mira Loma Drive, representing the Old Town Temecula Mainstreet Association, spoke in favor of sponsorship for the Temecula Rod Run. Minutes.rda\Ol 2897 -1- It was moved by Agency Member Lindemans, seconded by Agency Member Roberts to approve the sponsorship request of the Temecula Rod Run at the $1 0,000.00 level. The motion was unanimously carried. It was moved by Agency Member Lindemans, seconded by Agency Member Birdsall to approve the sponsorship request of the Temecula Balloon and Wince Festival at the $10,500.00 level. The motion was unanimously carried with Agency Member Roberts abstaining. EXECUTIVE DIRECTOR REPORT None given. AGENCY MEMBER'S REPORTS None given. ADJOURNMENT It was moved by Agency Member Lindemans, seconded by Agency Member Stone to adjourn at 8:06 PM to a meeting on February 1 1, 1 997, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Steven J. Ford, Chairperson ATTEST: June S. Greek, CMC, City Clerk/ Agency Secretary Minutes.rda\Ol 2897 -2- ITEI\L 2 APPROVM- CITY ATTORNEY FINANCE OFFIR,' r-- FD. CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Redevelopment Agency Members FROM:Ronald E. Bradley, Executive Director DATE:February 11, 1997 SUBJECT: Update on Old Town Streetscape Improvement Project Prepared By: John R. Meyer RECOMMENDATION: Receive and File BACKGROUND On December 20, 1996, the City issued a Request for Qualifications (RFQ) for the preparation of the Old Town Demonstration Block, Old Town Gateway Landscaping and Storm Drain Improvements for the Old Town Temecula Area. Collectively, these projects are now referred to as the Old Town Streetscape Improvement Project. This proposal is for the preparation of construction documents to perform the subject improvements. PROPOSED TIME SCHEDULE The following is the City's tentative schedule for selection of the consultant as stated in the RFQ: 1. Issuance of Request for Qualifications December 20, 1996 2. Deadline for filing qualifications January 16, 1997 3. Staff review of qualifications January 31, 1997 4. Selected Consultants Submit Scope of Work & Cost Proposal February 28, 1997 5. Interviews with top consultants March 3, 1997 6. Award Contract March 8, 1997 The selection process is currently on schedule. Seven firms responded to the RFQ. Three firms have been invited to submit a scope of work and cost proposal. All three firms will also be invited to make a presentation before a selection panel. Staff anticipates placing the Professional Services Agreement on the Agency's March 1 1 or 25, 1 997 agenda. Although still tentative, staff believe this project will take about 6 months to complete. Upon completion of the construction drawings, the Agency will be able to authorize a contract to install the improvements. Attached is an exhibit showing the limits of the Old Town Streetscape Improvement Project. R:\HOUSING@STSCAPE.PRG 2/3/97jirm 1 ATTACHMENT NO. 1 Limits of the Old Town Streetscape Improvement Project. R:\HOUSING\STSCAPE.PRG 2/3/97jnn 3 Exhibit I Skdy mm idap CL X7 CS FU F Old Town OLD -mw A @@r-A P Temecula O@ lowta (jATe-WA( tAtA@Vit4q - S@ -DeAlr4 ItA@em@ Specmc Plan 1-6 ITEI\4 3 APPROVAL GEN. COUNSEL- FINANCE DIREC EXECUTIVE DIR CITY OF TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Redevelopment Agency Members/Executive Director FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: February 11, 1997 SUBJECT:Approval of Cooperative Agreement with the Temecula Redevelopment Agency for Construction and Funding of Winchester Road at Interstate 1 5, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21) PREPARED BY: Peter M. Thorson, City Attorney/General Counsel Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the Redevelopment Agency Board: 1 .Approve an Agreement entitled "Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of Winchester Road at Interstate 1 5, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21)" ; and 2.Authorize the Chairperson to execute the Agreement on behalf of the City in substantially the form attached to the Agenda Report; and 3.Authorize the expenditure of $2,320,469 by the Redevelopment Agency for the Agency's share of costs to date of the Winchester Road at Interstate 1 5, Bridge Widening and Northbound Ramp Improvements Project (Project No. PW94-21), as well as authorize the expenditure for future project costs incurred as approved by the City or Agency. BACKGROUND: The City's Capital Improvement Plan includes the Winchester Road at Interstate 1 5, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21). This interchange is located within the Project Area of the Temecula Redevelopment Project Area 1988-1. The Agency's planning also calls for this Project to be completely funded by the Agency. The Community Redevelopment Law at Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b)and (c) specifically authorizes such cooperative agreements allowing a city and a r:\agdrpt%97\021 1\RDA9421co.op/AJP redevelopment agency to assist each other in the construction and installation of streets, roads, water, sewer, or drainage facilities. The Redevelopment Plan for the Temecula Redevelopment Project Area 1988-1 specifically authorizes the expenditure of Agency funds on road construction within or benefitting the Project Area. Completion of the Project will assist in the elimination of blight within the Project as it will complete necessary public infrastructure improvements as detailed in the City's Capital Improvement Plan within the Project Area, induce private investment in and promote expansion of the commercial areas served by the interchange within the Project Area through improved freeway access, and promote expansion of employment opportunities within the commercial areas served by the interchange within the Project Area, among others. The attached "Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21)" would implement the funding plans of the City and the Agency with respect to this Project. FISCAL IMPACT: The Agency's obligation under the terms of the Cooperative Agreement to date would be $2,320,469, as more specifically described on the attached worksheet. A total of $3,938,727 has been budgeted by the Agency for this project. Adequate funds have been appropriated in the Redevelopment Agency Capital Improvement Projects Fund for this project. Attachment: 1.Cooperative Agreement 2.Summary of Costs Incurred to Date r:\agdrpt\97\021 1 \RDA9421 co.op/AJP COOPERATIVE AGREEMIENT BETWEEN THE CITY OF TEM[ECULA AND THE REDEVELOPM[ENT AGENCY OF THE CITY OF TEMIECULA FOR CONSTRUCTION AND FUNDING OF WINCHESTER ROAD AT INTERSTATE 15, BRIIDGE WI]DENING AND NORTHBOUND RAMP L%IPROVEMIENTS (PROJECT NO. PW94-21) THIS COOPERATIVE AGREEMENT made and effecfive as of Feb@ 11, 1997 by and between the City of Temecula, a municipal corporation ("City") and the Redevelopment Agency of the City of Temecula, a public body, corporate and politic ("Agency"). In consideration of the mutual covenants and obligations set fordi herein, the parties agree as follows: 1. This Agreement is made with respect to the following facts and purposes, which each party finds and determines to be true and correct: a. The Community Redevelopment Law at Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b) and (c) specifically authorize such cooperative agreements between a city and a redevelopment agency to assist each other in the construction and installation of streets, roads, water, sewer, or drainage facilities. b. The Redevelopment Plan for the Temecula Redevelopment Project Area 1988-1 specifically authorizes the expenditure of Agency funds on road construction within or benefiting the Project Area. C. The Winchester Road at interstate 15, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21) (the "Project"), is a part of the City's Capital Improvement Plan and is located within the Project Area of Temecula Redevelopment Project Area 1988-1. d. Completion of the Project will assist in the elimination of blight within the Project Area as it will complete necessary public infrastructure improvements as detailed in the City's Capital Improvement Plan within the Project Area, induce private investment in and promote expansion of the commercial areas served by the interchange within the Project Area through improved freeway access, and promote e@ion of employment opportunities within the commercial areas served by the interchange within the Project Area, among others. 2. The City and the Agency agree to cooperate and share responsibility for the design and construction of the Project in accordance with the terms of this Agreement. 3.The City shall undertake the following responsibilities with respect to the Project: a.Prepare the necessary engineering and environmental studies for the Project; b.design the necessary improvements for the Project; C.acquire necessary rights-of-way for the Project; d.prepare necessary plans, specifications and bid documents for the Project; e. obtain all ne permits and entitlements from Caltrans and other public agencies; 1 R:\cip\projecta\pw94\pw94-21\agreement\coop.rd&/aip f. solicit bids and award construction contracts for the Project; and 9.administer the construction contracts. 4. The Agency shall pay for all Project costs, except for such costs as the City is obligated to pay pursuant to Ns Agreement. City shall pay the costs of acquiring the right-of-way for the Project, which costs shall include the costs of title reports, appraisers, right-of-way agents, and attorneys. Agency shall, however, reimburse City for its payments made for the value of the right-of-way acquired. 5. The City Manager, upon the recommendation of the Director of Finance, shall determine the allocation of costs between the City and Agency pursuant to this Agreement and his or her determination shall be final. IN WITNESS @REOF the parties hereto have executed this Agreement as of the date first written above. CITY OF TEMECULA BY: Patricia H. Birdsall, Mayor Attest: June S. Greek, City Clerk REDEVELOPM[ENT AGENCY OF THE CITY OF TEM[ECULA BY: Steven J. Ford, Chairperson Attest: June S. Greek, Agency Secretary Approved As to Form: Peter M. Thorson, City Attorney/Agency General Counsel 2 R: \cip\projects\pw94\pw94-2 1 \agm=ent\coop. rda/ajp CITY OF TEMECULA WINCTIESTER ROAD NNRCHANGE SUMMARY OF COSTS INCURRED TO DATE AS OF JANUARY 30, 1997 Costs Costs Costs Total Costs Incurred Incurred Incurred Incurred Vendor/Contractor Description of Work Performed 1994-95 1995-96 1996-97 To Date Riverside County / GSA Building Services Right of Way Acquisition Services 9,574 10,285 116 19,975 E S I Employment Services Project @tion 20,968 7,900 28,868 Rancho Bell Blueprint Co. Blueprinting 4,105 4,105 Eastern Municipal Water District (EMWD) Sewer Relocation @tion 3,940 3,940 Riverside Construction Co@y Construction 1,002,557 1,099,595 2,102,152 Leighton & Associates Geotechnical @ices 32,619 15,279 47,898 McDaniel Engineering Co. Construction Consulting Services 2,260 9,777 12,037 L D King Inc. Project @tion 96,417 96,417 GTE Facilities Relocation 3,077 3,077 Riverside County Flood Control Encroachment Permit 600 600 Parsons Brinckerhoff Plan Review-Santa Gertudis Bridge 1,400 1,400 9,574 1,076,734 1,234,161 2,320,469 mcder-mt\winchc8t.wb2 31-Jan-97 OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY ITEI\4 1 MINUTES OF A MEETING OF THE OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY HELD JANUARY 28, 1997 A regular meeting of the Old Town Westside Community Facilities District Financing Authority was called to order at 8:06 P.M. at the City Council Chambers, 30875 Rancho Vista Road, Temecula, California. Chairperson Karel F. Lindemans presiding. PRESENT: 5 BOARD MEMBERS: Birdsall, Ford, Roberts, Stone, Lindemans ABSENT: 0 BOARD MEMBERS: None Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and Authority Secretary June S. Greek. PUBLIC COMMENTS None given. FINANCING AUTHORITY BUSINESS 1Minutes It was moved by Board Member Stone, seconded by Board Member Birdsall to approve Consent Calendar Item No. 1 as follows: 1.1 Approve the minutes of the meeting of January 14, 1 997. The motion was unanimously carried. ADJOURNMENT It was moved by Board Member Stone, seconded by Board Member Roberts to adjourn at 8:06 PM to a meeting on February 1 1, 1 997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Karel F. Lindemans, Chairperson ATTEST: June S. Greek, CMC, City Clerk/Authority Secretary Minutes.fa\012897 OLD TOWN WESTSIDE IMPROVEMENT AUTHORITY ITEI\4 I MINUTES OF A REGULAR MEETING OF THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY HELD JANUARY 28, 1997 A regular meeting of the was called to order at 8:07 P.M. at the Temecula City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairperson Karel F. Lindemans presiding. PRESENT: 5 AGENCY MEMBERS: Birdsall, Ford, Roberts, Stone, Lindemans ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Ronald E. Bradley, Authority General Counsel Peter Thorson and Authority Secretary June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Board Member Stone, seconded by Board Member Birdsall to approve Consent Calendar Item No. 1 as follows: 1 . Minutes 1.1 Approve the minutes of the meeting of January 14, 1 997. The motion was unanimously carried. ADJOURNMENT It was moved by Board Member Stone, seconded by Board Member Ford to adjourn at 8:07 PM to a meeting on January 28, 1 997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. Karel F. Lindemans, Chairperson ATTEST: June S. Greek, CMC City Clerk/Authority Secretary Minutes.ial0l 2897 ITEIN4 20 APPROVAL CITY ATTORI FINANCE DIR CITY MANAC CITY OF TEMECULA AGENDA REPORT TO:City Manager/City Council FROM:Mary Jane McLarney, Assistant City Manager DATE:February 11, 1997 SUBJECT:Budget Line Item for the Arts RECOMMENDATION: That the City Council provide direction to staff concerning a budget line item for the Arts. DISCUSSION: On September 24, 1996, in connection with consideration of Community Services Funding allocated for this Fiscal Year, the Arts Council requested that the City Council consider funding additional monies specifically earmarked for the Arts, including consideration of a separate budget line item. The request came as a result of increasing competition for Community Services Funding dollars. Groups that would be potentially considered for this line item would be the Arts Council of Temecula Valley, Temecula Valley Playhouse, Community Music School of Temecula and Fine Arts Network. Staff is requesting direction as to whether the Council would like to see these items budgeted in this matter or continue to be funded on a competitive basis through the Community Services Funding Program. FISCAL IMPACT: FY1997-98 funding for this item will be brought forward based upon Council direction. ITEIN4 21