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HomeMy WebLinkAbout081291 PRC Agenda AGENDA TEMECULA PARKS AND RECREATION COMMISSION REGULAR MEETING TO BE HELD A T VAIL ELEMENTARY SCHOOL AUGUST 12, 1991 7:00 PM CALL TO ORDER: Flag Salute Chairperson Kirby ROLL CALL: Brode, Harker, Hillen, Kirby, Nimeshein PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items, a "Request to Speak" form must be filed with the Parks and Recreation Secretary before the item is addressed by the Commis- sion. There is a three (3) minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Commission request specific items be removed from the Consent Calendar for separate action. COMMISSION BUSINESS ,412proval of Minutes - July 8, I991 RECOMMENDA T/ON: 1.1 Approve minutes of July 8, 1991 Parks and Recreation Commission meeting as submitted. Temecula Rose Garden RECOMMENDATION: 2.1 Consider request from the Temecula Rose Society and Johnson and Johnson Development Corporation to accept approximately 3.45 acres of property on Jedediah Smith Road for a rose garden. TCSD Park Use Ordinance RECOMMENDATION: 3. I Discuss and if desired, approve and recommend to the Board of Directors to approve Park Use Ordinance No. 91 - for the TCSD. TCSD Capital Improvement Plan (CIP) DISCUSSION: 4. 1 Status report will be given concerning the CIP as well as current Capital Projects. Donation of Prol2ertv - West of Via Gilberto RECOMMENDATION: 5. 1 Accept and recommend to the Board of Directors to accept donation of 2.8 acres of park property from Silverwood and H.R. Remington Properties. 081291.AGN 2 DIVISION REPORTS COMMUNITY SERVICES DIRECTOR REPORT PARKS AND RECREATION COMMISSION REPORTS ADJOURNMENT Next regular meeting, September 9, 1991, 7:00 p.m., Vail Elementary School, 29915 Mira Loma Drive, Temecuta, California, 92592. 081291.AGN 3 ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF TEMECULA JULY 8, 1991 A regular meeting of the Temecula Parks and Recreation Commission was called to order by Chairperson Kirby at Vail Elementary School, 29915 Mira Loma Drive, Temecula, California, 92590, at 7:00 p.m. PRESENT: 5 COMMISSIONERS: Brode, Harker, Hillin, Kirby, Nimeshein ABSENT: 0 COMMISSIONERS: Also present were Community Services Director Shawn Nelson; Park Development Coordinator, Gary King; Maintenance Superintendent, Tad Garrety; Recreation Superintendent Herman Parker; and Administrative Secretary Kathleen Cassiere. The pledge of allegiance was led by Vice Chairperson Harker. COMMISSION BUSINESS 1. APPROVAL OF THE MINUTES OF .FUNE 10, 1991 1.1 Recommendation to approve minutes of June 10, 1991 meeting. COMMISSIONER BRODE moved to approve the minutes of June 10, 1991, as corrected, seconded by COMMISSIONER NIMESHEIN. AYES: 5 COMMISSIONERS: Brode, Harker, Nimeshein NOES: 0 COMMISSIONERS: None Hillin, Kirby, TCSD CAPITAL IMPROVEMENT PLAN (CIP) 2.1 Discuss status of the TCSD Capital Improvement Plan (CIP) for FY 1991-92. SHAWN NELSON provided a staff report. Mr. Nelson stated that the Board of Directors unanimously approved the Capital Improvement Plan recommended by the Parks and Recreation Commission at the Joly 2, 1991 meeting. Staff will move expeditiously ahem with the Community Recreation Center/Amphitheater and development of existing parks. PRMIN07/08/91 -1 - 07/19/91 3. INITIAL CITYWIDE BIKE ROUTE AT SPORTS PARK 3.1 Recommendation to approve initial citywide bike route for the City of Temecula. Mr. Nelson provided a staff report. Mr. Nelson presented the proposed bike route, explaining that some roads would not have painted lines because of the lack of width on the roads. Signs would be installed in those areas designating the bike route. He explained the costs of the signs and striping is estimated at $30,000.00. It is proposed that the TCSD pay one-half of the charges at $15,000.00 and that the Engineering Department of the City pay the other $15,000.00 for this project. He explained that staff will apply for a State grant (SB-8 21 funds), to help offset the costs of this project. Mr. Nelson and Mr. King answered questions of the Commission regarding costs, and liability. COMMISSIONER HARKER made a motion to approve the Initial Citywide Bike Route, seconded by COMMISSIONER BRODE. AYES: 5 COMMISSIONERS: Brode, Harker, Hillin, Kirby, Nimeshein NOES: 0 COMMISSIONERS: None PARK LAND DEDICATION FEES (OUIMBY FEES} 4.1 Presentation by Gary King concerning the process associated with development fees for residential subdivisions. Mr. Gary King, Park Development Coordinator for the TCSD, City of Temecula, provided a presentation and explanation of the Quimby Ordinance, and how this ordinance benefits the TCSD in obtaining park land and/or in-lieu fees. Mr. Nelson stated that Staff will report to the Commission concerning residential projects reviewed by the TCSD. COMMISSIONER BRODE made a motion to recommend to staff that after Preliminary DRC meetings, and prior to formal DRC meetings, proposed residential projects be reported to the Parks and Recreation Commission, seconded by COMMISSIONER NIMESHEIN. AYES: 5 COMMISSIONERS: Brode, Harker, Hillin, Kirby, Nimeshein NOES: 0 COMMISSIONERS: None PRMI N07/08/91 - 2- 07/19/91 SPORTS PARK BALL FIELD LIGHTS 5.1 Recommendation to authorize the installation of one additional light pole on the upper Rancho Vista field at Sports Park. Mr. Nelson provided a staff report. Costs to install the light pole will not exceed $16,000.00. COMMISSIONER HILLIN stated for the record that he would not have voted in favor of the lighting project if he would have known that night soccer games could not be played. Mr. Nelson stated that according to Ron Reed, Lighting Engineer, the installation of the additional light pole will accommodate night soccer. Discussion followed that the Engineer of the project be held responsible if this light pole did not meet the specifications as set forth in the Contract. COMMISSIONER KIRBY made a motion to authorize installation of one additional light pole on the upper Rancho Vista field at Sports Park, seconded by COMMISSIONER BRODE. AYES: 5 COMMISSIONERS: Brode, Harker, Hillin, Kirby, Nimeshein NOES: 0 COMMISSIONERS: None 5.2 Recommendation to deny the request to paint the tops of aluminum light poles at Sports Park. COMMISSIONER N1MESHEIN stated that if the commission denied the request to paint the tops of the aluminum poles, Staff should send a fbllow-up letter immediately to property owners. Mr. Nelson assured that new letters would be sent immediately to the property owners. COMMISSIONER KIRBY made a motion to deny the request to paint the tops of aluminum light poles at Sports Park, seconded by COMMISSIONER HARKER. AYES: 5 COMMISSIONERS: Brode, Harker, Nimeshein NOES: 0 COMMISSIONERS: None Hillin, Kirby, TCSD DIVISION REPORTS Gary King, Park Development Coordinator, provided a Division Staff Report on the projects that the TCSD is currently working on. Tad R. Garrety, Maintenance Superintendent, provided a Division Staff Report on current projects the Maintenance Division is working on which includes Sam Hicks Monument Park, PRMI N07/08/91 - 3- 07/19/91 Sports Park, and Veterans Park. He announced the hiring of two new employees, Miguel Castro and Steven Brunk. Herman D. Parker, Recreation Superintendent, provided a Division Staff Report to the Commission. He gave a status report on the classes currently being offered which includes Aquatics, Day Camp, and Teen programs. He announced to the Commission the hiring of Recreation Leader, Sharon Johnson, and Volonteer Coordinator, Ruth Cheshire. Discussion followed regarding the Commission's concerns regarding the current Public Facilities and Reservation Fee Policy for the City of Temecula. It was suggested that Staff prepare a draft Park Use Ordinance for the August 12th Commission Meeting. COMMUNITY SERVICES DIRECTOR REPORT With the exception of Service Level C, the TCSD Assessments for Fiscal Year 1991- 1992, were passed on June 25, 1991, at the Public Hearing. The Service Level C Assessment was continued to the July 16, 1991 Board of Directors Meeting. o New employee, Lara Hanus, Office Assistant was announced. o Change order for additional light pole will be presented to the Board of Directors in July. PARKS AND RECREATION COMMISSION REPORTS COMMISSIONER BRODE commended staff on the final Recreation Brochure. She stated she had received several calls regarding how well done it was, easy to read, and that there were activities for everyone. COMMISSIONER HILLIN suggested to staff that they consider replacing the current sign at Sports Park with three new signs. PRMIN07/08/91 -4- 07/19/91 ADJOURNMENT COMMISSIONER HILLIN moved to adjourn the meeting at 9:20 p.m., seconded by COMMISSIONER NIMESHEIN, and carried unanimously. Next scheduled meeting of the Temecola Parks and Recreation Commission will be held on Monday, August 12, 1991, 7:00 p.m., at Vail Elementary School, 29915 Mira Loma Drive, Temecula. Chairman, Michael Kirby Commission Secretary, Shawn D. Nelson PRMIN07/08/91 -5- 07/19/91 ITEM NO. 2 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: PARKS AND RECREATION COMMISSION FROM: SHAWN D. NELSON DATE: AUGUST 12, 1991 SUBJECT: TEMECULA ROSE GARDEN RECOMMENDATION: That the Parks and Recreation Commission: Consider request from the Temecula Rose Society and Johnson and Johnson Development Corporation to accept approximately 3.45 acres of property on Jedidiah Smith Road and provide maintenance and operation services to the existing roses on the site. FISCAL IMPACT: The costs to maintain the existing roses on the site is estimated at $18,500.00 which includes staffing, utilities, fertilizers, and repairs. DISCUSSION: The TCSD has been approached by the Temecula Rose Society to accept a donation of an approximate 3.45 acre site that has existing roses planted by the Rose Society. This property is located on Jedidiah Smith Road, north of Highway 79 and is owned by Johnson and Johnson Development Corporation. The Rose Society has further requested that the City develop a phasing plan to install approximately 5,000 roses over the next five (5) years. The development costs to complete these improvements are estimated at $350,000.00 which includes grading, soils tests, plans and specifications, irrigation, landscaping, and roses. Once fully developed, it is estimated that the maintenance and operation costs would be approximately $55,580.00 per year. A presentation will be made by Karen Ortega from the Rose Society concerning this proposal. I have included the letter submitted by the Rose Society concerning their request, a location map, and a recap of estimated development and maintenance costs. !E~£~ULA__VA__L~EY ROSE SOCIETY PLAN_ JOHNSON FAMILY COMMUNITY ROSE GARDEN JUNE 1, 1991THRU MAY 31, 1991 WHAT THE ROSE SOCIETY CAN DO: Assist the City with pruning, obtain donation of roses, and hold monthly arden workshops. We would like to discuss the possiblity of a Memorial Garden to help swell the number of roses we can add each year, but we would want the Board of Directors of the lemecula Valley Rose SDcietX to have control over the Memorial Beds (not routine maintenance but the "how to's" of setting it up). People in the City of Temecula might want to donate certain items such as benches, sundials, arbors, but the rose society cannot guarantee such donations. REGARDING THE ROSE GARDEN AS IT NOW STANDS: The hydroseeding by Southern California Hydroseed and the borders by Curb Creations, have been donated by local businesses, but have not been developed because they require additional grading. The azebo donation has not been formally withdrawn, but the company who had originally hope~ to build us a gazebe is experiencing some financial trouble, and may not be able to honor their committment. The rose society must needs be responsible for obtaining rose donations only. Our endeavors will be much more successful under the auspices of the City of lemecula, as certain growers will donate roses only when they know that c~ty maintenance crews will have the daily a part-time, and in the ~Jture full-time city employee to be in charge of the rose garden. The City of San Diego has a full-time rosarian in charge of daily maintenance on the Balboa Park Rose Garden which holds only 2,500 roses. This person has the assistance of city crews on weeding and spraying and pruning, and the San Diego Rose Society members come out in force one weekend in January to help prune all the roses. h However, we can say t at we have heard that the America the Beautiful foundation will help cover the cost of trees planted on such properties as this rose garden, and that Murrieta Oaks Nursery did say they would donate "some" flowering pear trees to the rose garden. It is not our impression that the lawns or borders donated constitute enough material to surround a lawn h~ o between the two dirt roads which run up the center of the property. The area designated for the concrete curbs must be prepared ahead of time {leveled and trenched) prior to the Curb Creations folks deing their installation. The same goes for the f d The area must be cleared, rotetilled, mulched and leveled before donation o hy roseed. Southern California Hydroseed will spray the lawn seed and nutrients. There are a number of large rocks on the property which can be incorporated into the design, some of which can be used for a foundation for a gazebe. lhe concrete piling left over from the bulldozing of phase I must either be buried or removed. If the City of lemecula wants to develop the property slowly over the course of five years, something needs to be done for weed control in the areas adjacent to rose planting. However, the native strub can be left in place until the year just prior tD planting, rather than grade the entire pro erty, which does not seem environmentally sound. The resulting erosion could wash away p~antings down below on such a sloping property. TVRS PROPOSED PLAN: June 1, thru August 31, 1991: Request donation roses from growers {approximately 1,000 roses per year for the next 5 years), society will be available in g c ~ beds. We can hope to add roses to approximately 1 acre per year, but arklands can be created without having to wait for donation roses. If the City e lemecu~a wishes the f to develop rose garden in less time, the roses would have to be purchased at an approximate cost of $3 per rosebush. The Heritage roses ordered in 1990 may be available for lanting by January of 1992. If so, then the h~llside above the already lanted Phase I should be the first part of the land designated for grading this summer. T~e areas within 30 feet of the Metropolitan Water District's concrete structures should not be planted with anything other than grass, as they have the right to bring heavy equipment up the existin dirt roads. We feel that all the dirt roa s should be left as roads and not try to develop them, but rather build our d rose 9arden and parklands around them. September 1 - November 31, 1991: After the rosebeds are laid out by Mrs. OtHair with chalk, City work crews can then au er tt the holes ou o a depth of 2' deep by 2' in circumference. Then into each hole ~he followin nutrients must be placed: ypsum, soil polymers, gro- ower fertilizer, bone meal and mulch, backfilling and "mixing" '~e nutrients until the soi~ level comes up to just 6" below ~round level. This should be done prior to the rainy season, so rain water can swell 1 the so~l polymers up," ockin9" the valuable rainwater & minerals into each hole awaiting the arrival of bareroot roses, At this point in time, the trenche~ must be dug to bury the pipes for the underground drip irrigation system, unless the City maintenance feels that a sprinkler system would be eas~er to maintain. Roses can thrive on either drip or sprinklers, but whatever is chosen must be ~nstalled prior to the planting of the roses, so that they don~t go even one da w~thout being watered right at the beginning. Once the rose roots 9row into the soi~ polymers (which takes approximately 3 weeks}, the roses should be put on an automatic timer giving them water every other day until they leaf out, then the water can be cut back. December, 1991: Hopefully the rains will fall during the month of December. The Rose Society will try h e roses ~eginning the week after Christmas so that they can to schedule t e d livery of the soak in B1 solution for a week before the City begins planting in January. January 3 - April, 1992: Stagger the delivery of the 1,000 roses due in 1992 so that they can be soaked prior to plantin . Perhaps have 100 roses arrive each week thru April, unless the City has facilities prepare~ at the site by then for cold stora e. We definitely need a storage shed at the rose garden to store soil amendments, roses, too~s, trash containers, etc. We also need permanent restroom facilities, as the Rightway portable toilet is only a temporary donation. Hopefully all the bareroot roses will be planted by mid-March. ~hen, as long as they are 1 being watered regu arly and weed control is practiced, the 1992 planting just needs time to grow. However, the roses which were planted in 1991 will need regular weekly care t~ cut spent blooms, trouble-shoot the drip system, and keep the weeds out. February 15, 1992: Begin light pruning of the approximately 800 roses planted in I991. The Temecula Valley Rose Society would like to assist the City of ~emecula Maintenance crews in the endeavor by way of holding monthly garden workshops inviting rose society members and the public to attend "hands on" demonstrations of proper pruning methods. ~he rose society cannot promise to prune all the roses, but we can assist the City crews. Sincerely, Karen Ortega President ~emecula Valley Rose Society June 5, 1991 '~,, ZIP CODE 9239O VII I A~F- ' :iota 39,000 Creek Inn Indian RANCHOS + \ REPRODUCTION WARNING / respection CANYON St. tion VILLAGE 3 ELOSIT0CT Former US. Hwy. 395 12 A,~sc~ a, ESTATES .~ E ~""~', ~ECUL~ RANCHO z, e,/z,m Z'. BS, R.2VK T.R.A. o~-OT3 923 - 48 945-t~ I0. 9855-c~ TEMECULA ROSE GARDEN 1. Inspection of irrigation will be perfromed by Tad Garrety - Maintenance Superintendent. 2. Permits must be pulled for any further improvements. 3. Operation and Maintenance Costs. A.Part-time employee 20 hr. @ 10.00 hr. no benefits. $14,000.00. B. Utilities including water, electricity- 81,500.00. C. Fertilizers and chemicals - 81,000.00. D. Miscellaneous repairs - 2,000.00. Total Take Over Costs - $18,500.00. FUTURE IMPROVEMENTS 1. Landscape architect to design park, develop phasing plan, and cost estimate - 83,500.00. 2. Actual construction of entire park site - 3.45 acres which includes construction plans and specifications, formal bid process, building permits, and development costs - 350,000.00 (100,000.00 per acre). If phased, 875,000.00 per year for five (5) years. 3. Operation and Maintenance Costs. A. Full-time employee - 40 hr. week @ 813.50 hr. including benefits, 828,080.00. B, Utilities including water, electricity- 810,000.00. C. Fertilizers and chemicals - 7,500.00. D, Miscellaneous repairs - 810,000.00. E. Total Operations Costs - 855,580,00. ITEM NO. 3 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: PARKS AND RECREATION COMMISSION SHAWN D. NELSON AUGUST 12, 1991 TCSD PARK USE ORDINANCE RECOMMENDATION: That the Parks and Recreation Commission: Discuss, and if desired, approve and recommend to the Board of Directors to approve Park Use Ordinance No. 91 - for the TCSD. DISCUSSION: The purpose of the Park Use Ordinance is to define policies and specific guidelines regarding park use requests that will give staff clear direction concerning approving or denying requests. This Park Use Ordinance is in draft form, and suggestions from the Commission are encouraged. I have also included a letter from Scott Field, City Attorney, concerning the soccer tournament request for Sports Park in July. ORDINANCE NO. 91- AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING PARK AND RECREATIONAL FACILITY OPERATIONAL POLICIES AND REGULATIONS WHEREAS, the Board of Directors of the Temecula Community Services District has authority over the public parks and recreational facilities within the jurisdiction boundaries of the City of Temecula; and WHEREAS, The Board of Directors may adopt regulations binding upon all persons governing the use of City parks and recreational facilities and property, and may deem a violation of any such regulation a misdemeanor. THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. "CHAPTER: __ is hereby added to the Temecula Municipal Code and shall read as follows: EQual Opportunity: 1. GENERAL POLICY Any and all individuals shall be provided equal opportunity for use of any recreational facility and any recreational program without regard to physical limitation, age, race, color, national origin, religion, political beliefs or sex. B, Reserved Use: Reserved use (defined as exclusive, permitted use for one or more occasions) of community, neighborhood and other recreational facilities shall require obtaining a "Use Permit" in a form established by the TCSD . All applicable fees shall be paid prior to use. Community Park (Unreserved) Use: Use of all community park facilities (defined as a site that serves the City's residential areas) will be based on first come first serve basis. No "Use Permit" is required for this purpose. If a user group wishes to reserve the use of a community park facility, a "Use Permit" shall be required, with all applicable fees, rules, regulations, terms and conditions enforced. Multiple Facility Reservations: If more than one recreational facility is reserved (e.g. two sports fields), applicable fees and deposits shall be charged for each facility reserved. TCSD Sponsored Uses: Any use of recreational facilities scheduled for TCSD sponsored or co-sponsored uses shall be deemed a use for TCSD purposes, and shall be exempt from fees, deposits and permit requirements listed herein. Such determination shall be made by the TCSD. User Groups: User groups are established and defined as follows to categorize groups using certain recreational facilities. User groups designations form the basis for variabie fee schedules for certain recreational facilities as provided elsewhere heroin. Group I TCSD-sponsored or co-sponsored leisure and recreational activities. Group II Youth groups conducting non-profit youth oriented sports activities, and non-profit athletic/civic organizations conducting community oriented leisure or sports activities. Group Base standard rate for community users on a non-profit basis. Group IV Profit making, commercial businesses or non-resident organizations conducting activities that are for profit and are either open or closed to the public. Recurrina Use: Recurring use is generally defined as uses of recreational facilities on a regularly scheduled basis for more than one occasion (i.e. leagues, etc.) Nonrecurrinq Use: Nonrecurring use is generally defined as uses of recreational facilities on a one time ontV or special event basis (i.e., annual picnic, parties or company sponsored events). A fee and permit is required only when reserved use. by an organization is requested. Exemption: Due to special or unusual circumstances, the Parks and Recreation Commission may exempt user groups II, III and IV from fees for the use of recreational facilities. It is the responsibility of the specific user group to formally request exemption from the Parks and Recreation Commission. The request should stipulate the special or unusual circumstances that necessitate exemption. Schedulinq Priorities: Scheduling priorities shall be by user groups as indicated previously with Group I having precedence over II, Group II over III, etc. In the event of conflict, the TCSD reserves the right to schedule any group. Scheduling of reserved uses will be carried out by the TCSD or designee in a fair and equitable manner, to serve the leisure and recreation needs of the citizens of the Temecula Community Services District. Sl~orts Field and Facility: It is recognized that recreational facilities and sports fields vary in type and location. However, fee schedules shall generally apply equally to all sports fields and facilities depending on the level of service required for an individual facility. Fee Payment: The fees applicable to the use of facilities are due and payable at the TCSD office 72 hours prior to the use of that facility. Charges assessed for damages and grounds cleanup shall include only TCSD's actual cost and are due and payable upon demand to the user. When fees are due and payable at the time a permit is issued, refunds are permitted if sufficient notice is given to the TCSD upon cancellation (five (5) working days notice for nonrecurring groups). A ~5.00 administration fee will be charged for processing refunds. Sales and Uses: Authorized user groups, as described herein, which desire to use facilities for fund-raising purposes shall be allowed to do so subject to policies and fees contained herein. Proposed uses which are determined by the TCSD to be solely a commercial undertaking, and without educational, recreational or cultural benefit to the community, shall be allowed only upon approval of the Parks and Recreation Commission. Inclement Weather: Inclement weather is generally defined as weather which, in the judgment of the TCSD, has left recreational facilities in a condition which, if the facilities are used, presents a risk of damage to facilities or injury to users. The TCSD shall have the authority to deny use of all or any portion of a facility to a user based on inclement weather. The TCSD reserves the exclusive right to determine that a use of TCSD facilities is precluded by inclement weather, and no refund of fees shall be made on grounds of bad weather or field condition unless the TCSD makes such determination. Denial of Facility Use: The TCSD shall have the authority based on cause to deny use of all or any portion of a facility to any group or individual who has abused the privilege of facility use as included in but not limited to these general policies and general rules governing the use of a community and neighborhood park. Non-Residencv Fee: Individuals that do not reside within the boundaries of the City of Temecula registering for a TCSD sponsored activity or TCSD facilities will be subject to a 81 0.00 per person non- residency fee. Q. I Liability Insurance: All user groups conducting reserved sporting or special event activities, that will attract fifty (50) or more patrons (i.e. tournaments, clinics, fairs, festivals, concerts, performances, camps, etc.) will be required to provide the TCSD with a certificate of insurance in the amount of one million dollars (~ 1,000,000.00) naming the City of Temecula as additionally insured. CITY OF TEMECULA Temecula Community Services District Parks and Recreation Facilities Reservation Fee Schedule Fee Payment: The fees applicable to the use of facilities are contained herein and are due and payable at the TCSD office (72) hours prior to the use of that facility. GROUP Am Softball/Baseball Field NO FIELD PREPARATION No Lights (per Hour) Lighted (per hour) 0 0 0 12.00 0 5.00 12.00 20.00 Soccer/Football Field NO FIELD PREPARATION No Lights (per hour) Lighted (per hour) 0 0 0 12.00 0 5.00 12.00 20.00 Tournaments/Sports Clinics (per field per day) NO FIELD PREPARATION 0 0 75.00 150.00 Temecula Community Services District PARK AND RECREATIONAL FACILITIES REGULATIONS Section I Definitions: The following words shall have the meaning indicated when used in these regulations: D m "Park" means any community park, neighborhood park, or any other recreational facility maintained by the TCSD. "Board" means the Board of Directors of the Temecula Community Services District, or any other person authorized by the Board, pursuant to law, to act in its stead. "Commission" means the Parks and Recreation Commission for the City of Temecula. "Amplified sound" means music, sound wave, vibration, or speech projected or transmitted by electronic equipment, including amplifiers. "Knife or dagger" means any knife, or dagger having a blade of three inches or more in length; any ice pick or similar sharp stabbing tool; any straight-edge razor blade fitted to a handle. "Vehicle" means any device by which any person or property may be propelled, moved, or drawn, excepting a device moved by human power. "Vehicular travel" means travel by a vehicle, Section 2 Duty to Comply: No person shall enter, be, or remain in any park unless he complies at all times with all of the TCSD regulations applicable to such park and with all other applicable laws, ordinances, rules and regulations. Section 3 Rules and Regulations Applicable in TCSD Parks: The following rules and regulations apply in all TCSD parks unless expressly stated otherwise elsewhere in these regulations. Section 4 Operation of Vehicles (a) Roads for Public Use: The provisions of the California Vehicle Code are applicable in the TCSD parks upon any way or place of whatever nature which is publicly maintained and open to the use of the public for purposes of vehicular travel. All violations of said Vehicle Code shall be enforced and prosecuted in accordance with the provisions thereof. (b) Surfaces Other than Roads for Public Use; Skateboards: No person shall drive or otherwise operate a vehicle in a park upon surfaces other than those maintained and open to the public for purposes of vehicular travel, except upon temporary parking areas as may be designated from time to time by the Commission, and further excepting vehicles in the service of the TCSD, animal control vehicles, law enforcement vehicles, and motorized wheelchairs. No person shall ride or operate a skateboard in any park. Section 5 Solicitation Prohibited: No person shall practice, carry on, conduct or solicit for any occupation, business, or profession in any park, or sell or offer for sale any food, beverage, merchandise, article, or anything whatsoever in any park. This section shall not apply to any person acting pursuant to a contract with the Temecula Community Services District, or under a permit granted by the Commission. Section 6 Prohibition of Animals in Park: No person shall cause, permit, or allow any animal owned or possessed by him, or any animal in his care, custody, or control to be present in any park except: (a) (b) (c) (d) (e) (f) (g) Equine animals being led or ridden under reasonable control upon any bridle paths or trails provided for such purposes. Equine or other animals which are hitched or fastened at a place expressly designated for such purpose. Dogs or cats when led by a cord or chain not more than six (6) feet long, or when confined within the interior of a vehicle. Dogs which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements. Small pets which are kept on the person of the possessor at all times. In connection with activities authorized in writing by the Commission. Fowls or animals turned loose at the direction of the Commission, Section 7 Duty to Care for Animals: It shall be the mandatory duty of all persons owning, possessing, in control of, or otherwise responsible for a dog, cat, or an equine animal in a park to promptly collect, pick up, and remove all fecal matter left behind by said animal in or upon any park; provided, however, that this subsection shall not apply to guide dogs for blind or disabled persons or to equine animals on bridle paths. Section 8 Amplified Sound in Parks (a) Purpose: The Board enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by constitutional rights of free speech and assembly, the Board nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from the public nuisance of loud and unnecessary sound. (b) Permit ReQuired for Amplifiers: it shall be unlawful for any person to install, use, and operate within a park a loudspeaker or any sound amplifying equipment for the purposes of giving instructions, directions, talks, addresses, or lectures, or of transmitting music to any persons or groups of persons in any park, or in the vicinity thereof, except when installed, used, or operated in compliance with one of the following provisions: By authorized law enforcement or park and recreation personnel or Under a reservation or permit issued by the TCSD, and when operated in accordance with terms of said reservation or permit. (c) Granting and Denial of Permit: In determining whether to grant or deny a permit, the TCSD shall be guided by the following considerations: 1. 4. 5. 6. The constitutional free speech and assembly rights of all persons, including the applicant; The possible effects upon the peaceable passage or presence of persons in the park; The potential for disorder or unlawful injury to persons or property; The potential invasion of other persons' rights of privacy; The possible unlawful breach or disturbance of the peace; and Any actual conflict with other scheduled park uses or events. The TCSD shall not deny a permit on the basis of any dislike for or disagreement with the content of any proposed talks, addresses, lectures, or musical presentations. The TCSD may, however, deny a permit for any such events which are designed for the purpose of advocating imminent lawless conduct. (d) Power Source for Amplifiers: Amplifiers permitted in parks shall be operated only through a power source provided by the TCSD, a battery, or a generator. Section 9 Prohibition of Firearms, Fireworks, and Toy Weapons: No person shall carry or discharge firearms, firecrackers, rockets, torpedoes, or other types of explosives, or carry or discharge any gun, or pistol, or any sling shot or similar device, or any bows and arrows, or any other object capable of propelling a projectile, or carry or use any object calculated to make a noise sufficient to disturb the peace or quiet of the park, or bring into any park any of the above objects or articles. Section 10 Prohibition of DanQerous WeaPons: The provisions of the California Dangerous Weapons' Control Law are applicable in TCSD parks and shall be enforced and prosecuted in accordance with the provisions thereof. No person shall carry on his person, in plain view, any knife or dagger. Section 11 Exceptions to Applicability: The provisions of Section 10 shall not be deemed to prohibit the carrying of ordinary tools or equipment for use in a lawful occupation or for the purpose of lawful recreation. Section 12 Damaging Property: No person shall cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, or other structure, apparatus, or property, or pluck, pull up, cut, take, or remove any shrub, bush, plant, or flower, or mark or write upon, paint, or deface in any manner any building, monument, fence, bench, or other structure, Section 13 Damaging Land: No person shall cut, dig, or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer, except park maintenance personnel. Section 14 Golf: No person shall play or practice the game of golf, including chipping, putting, driving or any other type of play or practice which includes the hitting of golf or similar type ball with a golf or similar type club. Section 15 Water: No person shall swim, fish in, bathe, wade in, release pet animals in, or pollute the water of any fountain, pond, lake, stream, or reservoir except by permission of the Commission. Section 16 Fires and Fireplaces: No person shall kindle a fire except in fireplaces provided for that purpose or in barbecues approved by the TCSD , except by permission of the TCSD. Section 17 Waste Liquids and Refuse: No person shall wash dishes, or empty salt water or other waste liquids, or leave garbage, cans, bottles, papers, or other refuse anywhere other than in the receptacles provided therefor. Section 18 Loitering at NiQht: No person shall be or remain in any park between the hours of eleven (11:00) o'clock p.m. and six (6:00) o'clock a.m. of the following day without permission of the TCSD. The provisions of Section 8(c) shall govern the granting or denial of such permission. Section 19 Meetings: No person shall hold any meeting, service, concert, exercise, parade or exhibition in any public park without first obtaining a permit from the TCSD. The provisions of Section 8 (c) shall govern the issuance or denial of a permit under this Section. Section 20 Alcoholic Beverages: No person shall consume any alcoholic beverage within any park, unless formally approved by the Parks and Recreation Commission. Controlled Substances: Section 21 The provisions of the California Uniform Controlled Substances Act are applicable in district parks and shall be enforced and prosecuted in accordance with the provisions thereof. Section 22 Glass Containers: No person shall possess any glass container in TCSD parks. Section 23 FlvincJ Balloons or Planes: No person shall fly Hot Air Balloons, Airplanes, Model Airplanes, or Gliders from community park sites, except by permission of the Park and Recreation Commission. SCOTT FIELD TO: FROM: SHAWN D. NELSON DIRECTOR OF COMMUNITY SERVICES DATE: JULY 11, 1991 REFERENCE: SPORTS PARK USAGE The TCSD was approached by an individual who wanted to sponsor an adult soccer tournament on the weekend of July 6 and 7, 1991, in Sports Park. Staff required liability insurance naming the City of Temecula as additional named insured for the event. This individual could not provide liability insurance for the event. Therefore, staff did not approve the activity and the field was not reserved for the event. However, this group showed up at the field on a first come, first serve basis and held the tournament. On July 8, the Parks and Recreation Commission stated concern over this issue. The Commission felt that the City should have strictly enforced the non-approval of the soccer tournament by evicting the users. Further, the Commission felt that the City would be in a more liable position by not evicting the users. I would appreciate your view on this subject and look forward to working with you on establishing a draft Park Use Ordinance that can be reviewed by the Commission and then forwarded to the Board of Directors for approval. Thank you for your assistance. cc: David F. Dixon Mark Ochenduszko Board of Directors Parks and Recreation Commission Auqust 5, 1991 Mr. Shawn Nelson Director of Parks and ~ecreation CITY OF TEMECULA 43174 Business Park Dr. Temecula, California 92390 Re: Park and Recreational Facility Ordinance Dear Shawn: Enclosed please find a draft Ordinance Establishing Operational Policies and Regulations for Park and Recreation Facilities. Please remember that this is a generic ordinance and may need to be modified to reflect the particular policies of the City of Temecula. I have also received your memo of July 11, 1991, regarding sports park usage. I agree with your response concerning the soccer tournament. If a group wishes to reserve a field, the City may require payment of permit fee as well as liability insurance. However, absent such a reservation, existing City regulations do not permit the City to require a Certificate of Insurance or prohibit use of the field. Please note that the draft Ordinance also does not impose any conditions on park use when it is used on a "first come, first served basis". Only where a group wishes to reserve the park could the City require a "use permit." The Ordinance does not attempt to finalize the terms and conditions of the use permit. That would be better left to a Resolution approved by the City Council. Such a resolution might require liability insurance and the payment of fees. However, I suspect that the typical city policy for reservation of a field and picnic site on a one time basis by a business, family or community group is only to charge a minimal use fee without any insurance certificate. Insurance certificates are typically required only of large, organized youth and adult sports leagues. Shawn Nelson August 5, 1991 Page 2 Please feel questions. sff/LTRl17580:ytv Enclosures free to call me if you should have any Sincerely, Scott F. Field City Attorney CITY OF TEMECULA ITEM NO. 4 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: PARKS AND RECREATION COMMISSION SHAWN D. NELSON AUGUST 12, 1991 TCSD CAPITAL IMPROVEMENT PLAN (C[P) DISCUSSION: Status report will be given concerning the CIP as well as current development projects. The current development projects include Phase I and Phase II of the Sports Park Ballfield Lighting Project, the Sports Park Restroom/Snack Bar Project, and the Temecula Valley High School Tennis Court Lighting Project. ITEM NO. 5 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: PARKS AND RECREATION COMMISSION SHAWN D. NELSON AUGUST 12, 1991 DONATION OF PROPERTY - WEST OF VIA GILBERTO RECOMMENDATION: That the Parks and Recreation Commission: Accept donation of 2.8 acres of park property from Silverwood and H. R. Remmington Properties. DISCUSSION: Silverwood and H. R. Remmington Properties are developing 222 homes in two tracts south of Pala Road in the Rainbow Canyon area. The proposed 2.8 acre site is undeveloped and divided into three adjacent parcels with a an earthquake fault running transversely through the entire site. Although no permanent structures can be constructed, the property could be developed into a passive park with walking paths, picnic areas, playground equipment, and open grass areas. The developer is conditioned to pay Regional Statistic Area (RSA) fees which equals t~2,767.00 per home or ~614,274.00. These fees will be paid at the issuance of building permits. Due to the earthquake fault, the developer has agreed that NO credit will be given for the property towards RSA fees. This is strictly a donation only. Enclosed are copies of the location map, site plan, and agreement with Silverwood and H. R. Remmington Properties for your review. z~P CODr~ 92390 iota 39,000 kF. OR -EETATES .,.., Creek tnn RANCHOS VISTA RAINBOW CANYON Station VILLAGE 1 CALVAIX) CT :) MADUE'rCl REPRODUCTION WARNING Former U,S Hwy 395 12 ~ c~ ESTATES PARKLAND DONATION AGREEMENT THIS PARKLAND DONATION AGREEMENT ("Agreement") is entered into this __ day ,1991 between the City ofTemecula, a municipal corporation of the State of California ("City") and Silverwood-Temecula, LP ("Silverwood") and H.R. Remington properties, LP ("Remington"), both of which are California limited partnerships, hereinafter collectively referred to as "Owners". These parties agree as follows: RECITALS A. On December 1, 1989 the City of Temecula was incorporated. B. On May 8, 1990 pursuant to Resolution No. 90-53, the City Council of the City of Temecula adopted an interim Master Plan to provide for Parks and Recreation ("Plan"). The purpose of the Plan is to insure that adequate facilities for Parks and Recreation will be provided for the citizens of the City of Temecula. C. On February 27, 1990, the City Council of the City of Temecula adopted Ordinance 90-04, adopting by reference Riverside County Ordinance No. 659, which imposes a Development Mitigation CRSA") Fee. D. On April 9, 1985, Riverside County as the predecessor in interest of the City of Temecula approved as Tentative Tract Map 19872-1, 2, 3, 4, 5, 6 a plan for development of property generally located south of Pala Road, west of Gilberto Road. On September 21, 1987 a Final Map was approved by the County of Riverside and was filed. City of Temecula as successor in interest to Riverside County now has municipal authority over said Map. E. Remington and Silverwood are the successors-in-interest to the prior developer of the property described in Tract Map 19872 - 3,4,5 & 6. Silverwood is owner of lots 11-14 inclusive, and lots 45-47 inclusive. Remington is owner of lots 19-25 inclusive, 42, 48-51 inclusive, and 62 & 63 inclusive. F. City and Owners are desirous of working together to provide park and recreation facilities for the benefit of the area and the Citizens of Temecula. In consideration of the terms hereof, Owners desire to dedicate land, at no cost to the City, containing approximately 2.8 acres of land on behalf of Owners and their successors-in-interest. G. City agrees to accept the donated land for the sole use as city park. NOW, THEREFORE, incorporating the recitals of facts set forth above and in consideration of the mutual covenants contained herein the parties agree as follows: 1. Agreement to Dedicate. Owners shall dedicate to the City, for public park purposes, approximately 2.8 acres of real property more specifically described in the Grant Deeds in Exhibits "A" and "B" attached hereto and made a part hereof ("Park Land"). Dedication of Park Land will be in a form acceptable to the City Attorney, free of all liens and encumbrances not approved by the City Attorney, and be delivered with an CLTA's policy of title insurance in an amount not to exceed the appraised value of property. City agrees to accept this Park Land subject to the provisiohs of this Agreement. Within thirty (30) days of approval of this Agreement by the City, Owners will deliver executed Exhibits "A" and "B" to Orange Coast Title Insurance Company ("Escrow Holder") ,whereupon these documents will be recorded and transferred to the City. 2. Owners Use of Donated Land. Owners shall be allowed to use the Park Land for the purposes of construction and sales office trailers, other similar temporary structures, construction traffic and other uses reasonably related to the construction and sales of single family homes until such time as the City requires access to the site for actual park construction. Owners shall vacate the Park Land upon receiving sixty days written notice from the City. The Owners shall indemnify, defend and hold harmless the City from and against any and all claims, actions, liabilities, expenses, damages, including attorney's fees arising from or relating to Owners use of the park land for these purposes. In addition the Owners will have $1,000,000.00 liability insurance policy in effect naming the City as additional insured. 3. Deposit of Fill Material. Owners shall be allowed to deposit fill dirt generated from footing trenches, fine grading operations and other like construction operations on the Park Land in an amount not to exceed the original elevations of the approved grading plans to plus or minus one foot. Any additional amount to be agreed upon by the Owners and the City prior to the deposit of further fill dirt on the Park Land. 4. Non-Liability and Indemnity. Following expiration of the sixty day notice period described at Section 2, Owners will not be liable for any injury to any persons or damage to any property occurring on the Park Land or any Park Land improvements, except for injury resulting from the negligent acts or omissions of Owners prior to expiration of said period. City will indemnify, defend and hold harmless Owners from and against any and all claims, actions, liabilities, expenses, damages, including attorneys' fees arising from or relating to any use of the Park Land, and/or the Park Land Improvements by any person or party, including without limitations the City, its agents, employees, or independent contractors occurring after City Acceptance of the Park Land. 2 5. Condition of Property. 5.1 In General. City acknowledges that prior to approving this Agreement City or its agents will have independently inspected the property and observed the physical characteristics and condition of the property. City specifically acknowledges that the matters described in Exhibit "C" attached hereto and incorporated herein by this reference (the "Disclosed Conditions") have been disclosed by Owners to City. City's duty to investigate and satisfy itself under the first sentence of this Paragraph 5.1 shall extend to, but not be limited in any way to, all of the Disclosed Conditions. CITY FURTHER ACKNOWLEDGES AND AGREES THAT THE PROPERTY IS TO BE RECEIVED, CONVEYED AND ACCEPTED BY CITY SUBJECT TO THESE DISCLOSED CONDITIONS. Any documents furnished to City by Owners relating to the propei'ty including, without limitation, maps, surveys, studies, pro forma, reports and other information, and including, without limitation, the Disclosed Conditions, shall be deemed furnished as a courtesy to City but without warranty from Owners as to completeness, accuracy or reliability. City has not relied and will not rely upon any representations concerning the property made by Owners, Owners' employees, agents, or any other person acting on behalf of Owners. CITY ACKNOWLEDGES THAT CITY IS TO RECEIVE THE PROPERTY, IF AT ALL, IN ITS THEN "AS IS" CONDITION AND SOLELY IN RELIANCE ON CITY'S OWN INVESTIGATION, AND THAT OWNERS MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE PROPERTY, ITS PHYSICAL CONDITION AND ITS SUITABILITY FOR CITY'S INTENDED USE. CITY SPECIFICALLY WAIVES CALIFORNIA CIVIL CODE SECTION 1102, ET SEQ. AND ANY RELATED OR SIMILAR PROVISION OF LAW. 5.2 Owners's Representations and Warranties: Anything in this Agreement to the contrary notwithstanding, Owner represents, warrants and covenants for the benefit of City that: (a) Authority. Owners are owners of the property and have all requisite legal right, power and authority to convey the same under the terms of this Agreement and the individuals signing this Agreement on behalf of Owners have the full legal power, authority and fight to execute and deliver this Agreement. (b) Proceedings. Owners have received no written notice and have no actual knowledge of any actions, suits, proceedings, or governmental investigations or restrictions pending or threatened against or affecting the property, except for those disclosed conditions described in of Exhibit "C" and with the exception of the fact that portions of the property are within an Alquist-Priolo Seismic Safety Zone or are proposed by the County to be included in such a zone. (c) Hazardous Materials. The Owners have no actual knowledge of the presence of any hazardous materials or groundwater contamination in or on the property or of any action by any governmental authority designating such property as a hazardous materials site, except as may be described in the reports described below. The Owners lack of such actual knowledge is based upon no independent inquiry or investigation of any kind whatsoever, except solely the receipt by the Owners of a report dated September 8, 1989, as updated on February 22, 1991, a copy of which has been furnished to the City on March 21, 1991 for City's review and is hereby incorporated with this Agreement by this reference, prepared by Ninyo & Moore for the Owners, and the Owners do not represent or warrant anything concerning the accuracy, completeness or reliability of such report. The Owners have not placed, released, dumped or deposited on the property any such hazardous materials. (d) Soil and Geologic Defects: The Owners have no actual knowledge of any material soil or geologic defects in the property, and have not conducted any independent inquiry or investigation regarding soil or geologic defects except those referred to (a) in the Disclosed Conditions and (b) in the soils and geologic reports prepared for or reviewed by the Owners, all of which have been furnished to City for City's review ("Disclosed Reports") and are hereby incorporated with this Agreement by this reference, which include the following: (1) "Geotechnical Evaluation of Subsurface Conditions - Tract No. 19872 Wolf Valley, Rancho California Area of Riverside County, California", by Ninyo & Moore dated December 1, 1989; (2) "Geotechnical Investigation of Faulting at Tract Nos. 19872-3 through 19872-6 Wolf Valley, Rancho California Area of Riverside County, California", by Ninyo & Moore dated December 31, 1989; (3) "As Graded Geotechnical Report Tract Nos. 19872-3 and 19872-4 Wolf Valley, Rancho California Area of Riverside County, California", by Ninyo & Moore dated February 23, 1990; (4) "Significance of Ground Cracks, Riverside County Tract No. 19872, Pala Road at Loma Linda, Riverside County, California" by Douglas E. Moran, Inc. dated March 10, 1989; and (5) letter dated September 8, 1989 from Steven A. Kupferman, Engineering Geologist for the Riverside County Planning Department. The Owners have not directly investigated any of such conditions but has relied solely upon the professionals preparing or furnishing the Disclosed Reports and does not represent or warrant completeness, accuracy, professional com- petence, or lack of inconsistency among, any of such Disclosed Reports. The foregoing representations, warranties and covenants shall be true and correct at all times through and including the closing date and shall survive the close of escrow and delivery of the Grant Deed. 5.3 City's Representations and Warranties. Anything in this Agreement to the contrary notwithstanding, City represents, warrants and covenants for the benefit of Owners that: (a) Authority. City and the individuals signing this Agreement on behalf of City have the full legal power, authority and fight to execute and deliver, and to perform their legal obligations under this Agreement and the transactions contemplated hereby; and Co) Expertise. City is an experienced municipality and is fully equipped to make the investigations, studies and evaluations, including without limitation any an all governmental rules and restfictions, investigations, studies and evaluations pertaining to hazardous materials, soil and geologic conditions, and the environmental condition of the property, necessary to its determinations to acquire and develop the property. 5.4 Release of Owners'. Upon expiration of the sixty day notice period described at Section 2, City hereby waives, releases and discharges forever Owners from all present and future claims, demands, suits, legal and administrative proceedings and from all liability for damages, losses, costs, liabilities, fees and expenses, present and future, arising out of or in any way connected with any condition of environmental contamination on the property or the existence of hazardous substances in any state on the property, however they came to be emplaced there, of such condition arose or such hazardous substances came to be eraplaced at any time other than the period during which the Owners owned the property, or if such condition, or the existence of such hazardous substances, would have been discovered by a reasonably competent environmentall assessment. This release shall not be deemed a release of the Owners from the representation and warranty set forth in Subparagraph 5.2 (d) 6. Notices. All notices and deliveries hereunder shall be given in writing by personal service or by Federal Express, Express Mail, or any other commercial delivery service which guarantees overnight delivery ("Overnight Service"). Notices and deliveries shall be considered given and received when served, or when deposited with an Overnight Service for overnight delivery. Notices and deliveries shall be addressed as appears below for the respective parties, provided that if any party gives such written notice of a change in name or address, notices to the giver of the notice of changed name or address shall thereafter be given as demanded in that notice: City: City of Temecula 43180 Business Park Drive,//200 Temecula, California 92390 Attention: Shawn Nelson H.R. Remington Properties, LP 30448 Rancho Viejo Road, Suite 120 San Juan Capistrano, CA 92675 Attention: Philip Ration Silverwoed-Temecula, LP 140 Marine View Drive, Suite 204 Solana Beach, California 92075 Attention: James Silverwood 7. Assignment. Owners may assign, transfer or sell its rights under this Agreement without the prior written consent of City. 5 8. Miscellaneous Provisions. 8.1 Governing Law. This Agreement, its validity, construction and all rights under its shall be governed by California law. 8.2 Prior Agreements. This Agreement supersedes any prior negotiations, oral agreements, and correspondence and contains the entire agreement of the parties with respect to the subject matter hereof. No understanding, agreement, representation, warranty, statement or promise made by any party or any employee, officer, or agent of any party that is not expressly set forth in this Agreement shall be binding or impose any liability on a party. 8.3 Amendments. Any amendments to this Agreement shall be in writing and signed by all parties hereto, or else shall be of no effect whatsoever. 8.4 Drafting. The provisions of the Agreement were negotiated by all the parties hereto and their counsel and this Agreement shall be deemed to have been drafted by all the parties hereto. 8.5 Counterparts. This Agreement may be executed in two (2) or more counterparts, all of which taken together shall constitute but one Agreement. 8.6 Captions. The paragraph headings throughout this Agreement are for convenience and reference only and the words contained herein shall not be held to expand, modify, amplify or aid in the interpretation, construction or meaning of this Agreement. 8.7 Times. Time is of the essence in this Agreement and each provision hereof. 8.8 Binding. Subject to the provisions of Paragraph 4 hereof, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 8.9 Survival. Except as otherwise provided herein, the covenants, representations and warranties contained in this Agreement shall survive the close of escrow and shall not be deemed merged in the Grant Deed but shall remain in full force and effect. 8.10 Severability. If any provision of this Agreement or the application thereof to any person or in any circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to other persons or in other circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 8.11 Attorneys' Fees. In the event of any litigation to enforce this Agreement or to obtain a declaration of any fights hereunder, the prevailing party shall be entitled to re- cover its attorneys' and experts' fees and costs, in addition to such other relief as the court may 6 award. 8.12 Waiver. The waiver by City or Owners of a breach or failure of condition of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach or failure of condition of the same or of another provision hereof. 8.13 Measurement of Time. All time periods referenced herein are to calendar days, months or years unless otherwise expressly stated. A "business day" hereunder is a day which is not a Saturday, Sunday or legal holiday. A "legal holiday" is a day which is a banking holiday for California-chartered banks or for federally-chartered bank offices in California. 8.14 Incorporation. :~11 recitals hereof and all exhibits attached hereto are incorporated into this Agreement by reference and constitute a part hereof. 8.15 Recordation. This Agreement and any amendment or cancellation thereof may be recorded with the County Recorder of Riverside County. 9. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the assigns, successors-in-interest, personal representatives, heirs and legatees of the parties hereto. 10. Counsel. All parties to this Agreement have been represented by counsel or have STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) On JULY 1, 1991 , before me, the undersigned, a Notary Public in and for said State, personally appeared PHILIP RAFTON , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as VICE PRESIDENT , on behalf of NVRD California, Inc., the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors, said corporation being known to me to be the general partner of H. R. Remington Properties, L. P., a California Limited Partnership, and that such partnership executed the same. WITNESS my hand and official seal. VALERIE MORELAND SILVERWOOD-TEMECULA, LP, a California limited partnership By: ~~ CITY OF TEMECULA By: Ronald J. Parks, Mayor ATTEST: By: June Greek, City Clerk/TCSD Secretary APPROVED AS TO FORM: Scott Field, City Attorney Date Date (Appropriate notarial acknowledgement must be attached.) STATE OF CALIFORNJA. COUNTY OF ~/l~N OtEzCSC> }SS: On ,D0{t~ i( Ic]~l before me, the undersigned, a Notary Public in and for said tate personally ap ear d iJPc~,c:f [~- ~'~i ]~./(:V'bGOd4~ ) - e. ersonally known to me (or proved to me on the basis of ~eLsfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument- WITNESS ~,/~a~;nd ' ' - ' ' ... Signature ~ ~' ' ' OFFICIAL SEAL · MARY C. MC DONALD Notor'/Public-Collfomlo SAN U:~GO COUNTY My Comrnls$1on Explrcs June 3. 1994 'i 8 EXHIBIT "A" RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: SPACE A~OVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: THE UNDERSIGNED GRANTOR DECLARES: NO DOCUMENTARY TRANSFER TAX DUE. By S~g~ture of Decterant or Agent ~term~ni~ tax CITY OF TEMECULA GRANT DEED FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS NEREBY ACKNOWLEDGED, H.R. REMINGTON PROPERTIES, A CALIFORNIA PARTNERSHIP hereby GRANTS to the City of Temecula, a municipal corporation of the State of California, all that certain real property located in the City of Temecula, County of Riverside, State of California, within Final Map ~19872-4 the lots numbered 19, 20, 21, 22, 23, 24, 25, 42, 48, 49, 50, 51, 62, and 63. Assessor's Parcel Nos.: EXHIBIT "A" IN WITNESS GRANT DEED this WHEREOF, the undersigned has executed this day of , 1991 H.R. REMINGTON PROPERTIES L.P., a California limited partnership By: Philip G. Rafton Senior Vice President STATE OF CALIFORNIA ) ) COUNTY OF ) ss. On this __day of , 19 , before me, , personally appeared Philip G. Rafton, personally known to me (or proved on the basis of satisfactory evidence) to be the Senior Vice President of H.R. REMINGTON PROPERTIES, A CALIFORNIA LIMITED PARTNERSHIP that executed the foregoing instrument and acknowledged to me that he executed the same on behalf of the Corporation pursuant to its Bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. Notary Public, State of California My Commission Expires: EXHIBIT "A" EXHIBIT "B" RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: THE UNDERSIGNED GRANTOR DECLARES: NO DOCUMENTARY TRANSFER TAX DUE. By Signature of Dectarent or Agent determining tax CITY OF TEMECULA GRANT DEED FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, Silverwood - Temecula, LP, a California limited partnership, hereby GRANTS to the City of Temecula, a municipal corporation of the State of California, all that certain real property located in the City of Temecula, County of Riverside, State of California, within Final Map #19872-3 the lots numbered 11, 12, 13, 14, 45, 46 AND 47. Assessor's Parcel Nos.: EXHIBIT "B" - 1 - IN WITNESS WHEREOF, the undersigned has executed this Grant Deed this __day of , 1991. SILVERWOOD - TEMECULA, LP, a California limited partnership By: SILVERWOOD DEVELOPMENT, a California corporation, Its general partner INC., By: James Silverwood President STATE OF CALIFORNIA COUNTY OF On this __ day of , 19 , before me, , personally appeared James Silverwood, personally known to me (or proved on the basis of satisfactory evidence) to be the President of Silverwood Development, Inc., the corporation that executed the foregoing instrument as General Partner of the Partnership therein named, and acknowledged to me that he executed the same on behalf of the Corporation pursuant to its Bylaws or a resolution of its Board of Directors, that the Corporation executed the same on behalf of the Partnership, and that the Partnership executed the same. WITNESS my hand and official seal. Notary Public, State of California My Commission Expires: EXHIBIT "B" - 2 - EXHIBIT DISCLOSED CONDITIONS (A) Proceedings: Owners are aware of the following actions which may affect the Property: 1. Elaine Bailey. et al. v. Richmond-American, Etc.. et al., Riverside Superior Court, Case Nos. 191214MF, 190618, 190654, 190655, 190839 and 193578. Etc., et al., 193593. 2. Thomas R. Adams, et al. v. Richmond-American, Riverside Superior Court Case Nos. 19339MF and 3. Richmond-American, Etc. v. Ranoho California Water District, et al., Riverside Superior Court Case No. 191136. 4. Richard-American. Etc. v. Rancho California Water District, et al., Riverside Superior Court Case No. 194627. 5. American SpecialtY, Etc. v. McCloud Development, Etc. et al., Riverside Superior Court Case No. 197516. Owners have not, to Owners~ best knowledge, been named in any of the foregoing actions, and is not a party thereto, to the best knowledge of Owners, there is no lis pendens, lien or other instrument affecting title to the Property as a result of the foregoing actions, and all said actions to Owners' best knowledge have been dismissed with prejudice by the plaintiffs. (B) Governmental Investiqations and Restrictions: Owners are aware of the following governmental investigations and restrictions, which may affect the Property: 1. In the course of their ownership and investigation of the Property, Owners have become aware of the existence of certain geological and/or hydrological conditions that may affect development in and near the Property. At this time, the existence of the conditions in question is evidenced by the appearance of fissures in the ground in and near the Property. The existence of these fissures and discussions as to possible causes and significance of the fissures has been reported in the local papers. While there are number of possible explanations for these fissures, the geologists whose reported were prepared for Owners' predecessor-in-interest, Richmond-American, and/or other EXHIBIT "C" parties, as disclosed to Owners, have concluded that the fissures have probably occurred as a result of subsidence caused by the rapid withdrawal of ground water from pumps operating in the immediate vicinity of the Property. At least in part in reaction to this finding, the Rancho California Water District has, as of the date of this Agreement, shut down at least two (2) wells that were operating in close proximity to the Property. There are other possible explanations for the appearance of the fissures, however, and Buyer should be aware that it has been reported to Owners that while examining the fissures beneath the ground surface, geologists have discovered what appear to be several faults. Owners are informed that these geologists believe these faults are or would be considered "active" under the Alquist-Priolo Special Studies Zone Act (the "A-P Act"). Under the A-P Act, a fault is considered active if there is evidence of a movement within the past approximately 11,000 years. If a fault is designated "active" under the A-P Act, various conditions can be imposed on future development. See Public Resources Code Sections 2621-2630; Cal. Admin. Code, Title 14, Sections 3600, 3603. At this time, there are no assurances that further subsidence and/or fissuring will not occur on or near the Property or that there are no other "active" faults in the vicinity of the Property which have not yet been discovered. Accordingly, until more is known, it is impossible to say with certainty how the Property, its developability and/or its value may be affected by the aforementioned geological and hydrological conditions. Buyer is therefore advised to conduct its own geological and geotechnical investigation and assessment of the Property during the Option Term so that Buyer can make its own independent evaluation of the geological and hydrological condition of the Property and its suitability for Buyer's intended purposes. Buyer is informed that the County of Riverside (or the City of Temecula, as appropriate) has been considering, and either has already imposed or may hereafter impose a specific Alquist-Priolo Special Studies Zone Designation on the Property as a result of the foregoing matters. (2) The Board of Supervisors of the County of Riverside included the Property and nearby property within the Subsidence Report Zone of Rancho California pursuant to Resolution No. 88-61. Resolution No. 88-61 imposes various conditions on development of the Property. These include limitations on construction and use of some of the nominal lots being sold. (3) The Final Subdivision Public Report issued by the Department of Real Estate of the State of California, with third amendment of July 28, 1988, and further amendments for Tract EXHIBIT 'tC" - 2 - Map Nos. 19872-1 and 19872-2 imposes various conditions on development of those tracts. Because the Property now is in an incorporated City, a Public Report may not be required for the Property, depending on Buyer's plan of development and governing instruments for the Property. If one is required, similar disclosures may be required to appear in the Public Report for the Property. (4) As a result of matters disclosed herein, Owners have experienced some reaction from geotechnical and civil engineering consultants employed to assist Owners and the developer of the Property. These consultants have generally required, as a condition of their performapce of services in connection with the Property, that they be released and indemnified from the consequences of pre-existing geotechnical conditions (as distinguished from their own work product done in reliance upon other consultants' evaluation f these pre-existing geotechnical conditions and the recommendations of these other consultants). Buyer should assume that similar issues will arise with any future consultants (or continuation of employment by Buyer of Owners' consultants) in connection with the Property. (5) All of the existing land use approvals and entitlements, including subdivision approvals and others, for the Property were processed and obtained through the County of Riverside. The City of Temecula, recently incorporated with its original territory including the Property, at some point will be taking over processing and approval of such matters, and the Buyer is advised to investigate the consequences of such incorporation and the transition to the City of Temecula jurisdiction. EXHIBIT "C" - 3 -