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HomeMy WebLinkAbout021296 CSC AgendaAGENDA TEMECULA COMMUNITY SERVICES COMMISSION ADJOURNED REGULAR MEETING TO BE HELD AT TEMECULA CITY HALL Monday, February 12, 1996 7:00 P.M. CALL TO ORDER: Flag Salute Commissioner Soltysiak ROLL CALL: Hertz, Miller, Nimeshein, Soltysiak, Comerchero PRESENTATIONS: Bill Rose Howard Chesher, Chesher's Custom Embroidery 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 nO~ listed on the Agenda, a green "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state vour name and address. For all other agenda items, a "Request to Speak" form must be filed with the Commission Secretary before the item is addressed by the Commission. There is a three (3) minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Commission request specific items be removed from the Consent Calendar for separate action. COMMUNITY SERVICES COMMISSION AGENDA DIVISION REPORTS FEBRUARY 12. 1996 COMMISSION BUSINESS ADOrOval Of Minutes RECOMMENDATION: 1.1 Approve minutes of January 8, 1996 Community Services Commission meeting as submitted. Acquisition Agreement. Temecula Community Center RECOMMENDATION: 2.1 Approve the acquisition agreement between the City of Temecula and the Temecula Town Association (TTA) to acquire the Temecula Community Center and adjacent property located at 28816 Pujol Street. Acauisition Agreement. Winchester Creek Prooertv RECOMMENDATION: 3.1 Approve the acquisition agreement between the City of Temecula and Winchester Creek I LLC to acquire the 4.5 acre park site located east of Margarita Road, directly north of the Winchester Creek Development. COMMUNITY SERVICES DIRECTOR'S REPORT COMMUNITY SERVICES COMMISSIONER REPORTS COMMUNITY SERVICES CONINHSSION AGENDA FEBRUARY 12. 1996 ADJOURNMENT The next regular meeting of the City of Temecula Community Services Commission will be held on Monday, March 11, 1996, 7:00 P.M., at Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA COMMUNITY SERVICES COMMISSION MONDAY, JANUARY 8, 1996 A regular meeting of the City of Temecula Community Services Commission was held on Monday, January 8, 1996, 7:00 P.M., Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. The meeting was called to order by Chairman Comerchero. Commissioner Nimeshein led the flag salute. PRESENT: 5 COMMISSIONERS: Henz, Miller, Nimeshein, Soltysiak, Comerchero ABSENT: 0 COMMISSIONERS: None Also present were Community Services Director Shawn Nelson, Deputy Director Herman Parker, Recreation Superintendent Julie Pelletier, Maintenance Superintendent Bruce Hartley and Administrative Secretary Gall Zigler. PRESENTATIONS The Community Services Commission presented a Certificate of Appreciation to the following individuals for outstanding service to the City of Temecula: Denise Lanier, City of Temecula Employee Becky Karcher, City of Temecula Employee PUBLIC COMMENT None DIVISION REPORTS Recreation Superintendent Julie Pelletier reported the following: The 1996 Winter/Spring brochure was mailed out to all the residents in Temecula. Staff has received many favorable responses with this issue. Several of the minimum requirements for excursions have already been met. The Recreation Division has agreed to establish a 35 and older Softball League for Sunday afternoons. Staff will evaluate the program's participation and look at creating a weekly league program for the future. Additionally, staff has established specific gym hours for seniors, Monday, Wednesday and Friday, 9:00 AM to 11:00 AM, for open gym. Staff will run this COMMUNITY SERVICES COMMISSION MINUTES JANUARY S, 1996 program on a trial basis and evaluate the program participation. The City of Temecula received an award for the design and content of the 1995 Summer/Fall Recreation brochure. Five other communities in the state of California received this award. One of the six award recepients will be presented the Award of Excellence at the CPRS Conference in early February. Commissioner Nimeshein commended staff on their development of the Community Recreation Center brochure. He suggested that staff may want to reference the facility is for rent as well. Commissioner Soltysiak asked if the 35 and over softball league's continuation will depend on the popularity of the Sunday afternoon program. Superintendent Pelletier told the Commission there is currently a Sunday church league which is very successful. She said staff looked at a Saturday morning league however, they were trying not to impact the existing leagues. Chairman Comerchero said he has known of other Sunday leagues which were very successful. Chairman Comerchero asked the status of the reassessment of the fee structure for facility rentals. Director Nelson said that the City is in the process of assessing user fees and developer fees and the information should be received sometime in early spring. Maintenance Superintendent Bruce Hartley reported the following: In response to a previous request by the Commission on park maintenance repair costs, Bruce reported the following expenditures: $ 8,000 Preventative Maintenance $13,000 Repairs $ 5,000 Graffiti Removal Staff is currently working on turf repairs at Sports Park, Paloma Del Sol and Rancho Vista fields. There are three Eagle Scout projects scheduled for this spring. The plaque for Voorburg is complete and will be installed at Voorburg Park in time for the Sister City visit in early May, 1996. Commissioner Miller expressed concern the aeration system at the Temecula Duck Pond was not working. COMMUNITY SERVICES COMMISSION MINUTES JANUARY 8, 1996 Superintendent Hartley advised the Commission that staff is currently working with a consultant on the water quality. Bruce stated that the aeration system should be running in approximately six months. Commissioner Miller asked for a status on the turf rehabilitation at the Temecula Duck Pond. Director Nelson advised the Commission the turf on the exterior of the property is dormant at this time, and the turf on the interior of the fence line is a mix. Director Nelson also said that over grazing of the turf area by the water fowl has caused the rapid deterioration of the property. COMMISSION BUSINESS Aoorove the minutes of the December 11,1995 Community Services Commission meetinQ as submitted. It was moved by Commissioner Nimeshein, seconded by Commissioner Henz to approve the minutes of the December 11# 1995 Community Services Commission meeting as submitted. The motion carried as follows: AYES: 5 COMMISSIONERS: Henz, Miller, Nimeshein, Soltysiak, Comerchero NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None 2. Liaison to Teen Council and SPOrts Council Commissioner Miller volunteered to be the Community Services Commission liaison to the Teen Council. Commissioner Soltysiak volunteered to be the Community Services Commission liaison to the Sports Council. It was moved by Commissioner Nimeshein, seconded by Commissioner Henz to appoint Commissioner Miller as the Teen Council liaison and Commissioner Soltysiak as the Sports Council liaison. The motion carried as follows: AYES: 5 COMMISSIONERS: Henz, Miller, Nimeshein, Soltysiak, Comerchero COMMUNITY SERVICES COMMISSION MINUTES NOES: O COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None JANUARY 8,1996 Teen Council Report Director Nelson presented the staff report. Recreation Superintendent Julie Pelletier introduced John Vandenburg, the Recreation Leader who is directly responsible for working with the Teen Council. He introduced each member of the Teen Council who was present. Lindsay Kunkle, Teen Council President, provided an overview of the Teen Council program. John Vandenburg talked about his work with the Teen Council and the Teen Recreation Program. The Commission as a whole praised the teens for their attendance at the meeting. Director Nelson stated that the Teen Council is a recognized representation of all the teens in the City of Temecula. He told the Teen Council the City supports and appreciates all their time and effort. COMMUNITY SERVICES DIRECTOR'S REPORT Director Nelson advised the Commission the Police Department currently has an adopt a park program. He explained that police officers are assigned to patrol different park sites during the regular shifts. Director Nelson said that the City's Traffic Engineer does not support placing a crosswalk adjacent to Nicolas Road Park at this time. He said he would recommend a crosswalk once a stop sign or traffic light is installed. Director Nelson said staff will be bringing forward a proposal for the Temecula Town Association Community Center at the next Community Services Commission meeting. Director Nelson advised the Commission the annual League of California Cities Community Services Conference will be held on April 10, 11 and 12, 1996, in Monterey, California. COMMUNITY SERVICES COMMISSION REPORTS Commissioner Soltysiak complemented staff on the completion of the Temecula Middle COMMUNITY SERVICES COMMISSION MINUTES JANUARY 8, 1996 School Lighting Project. Chairman Comerchero said he feels the City should promote their recent award received for the 1995 Summer/Fall Recreation brochure. ADJOURNMENT Chairman Comerchero declared the meeting adjourned at 8:25 P.M. The next regular meeting of the City of Temecula Community Services Commission will be held on Monday, February 8, 1996, 7:00 P.M., Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. Chairman Jeff Comerchero Secretary ITEM NO. 2 CITY OF TEMECULA AGENDA REPORT TO: Community Services Commission FROM: Shawn D. Nelson, Director of Community Services DATE: February 12, 1996 SUBJECT: Acquisition Agreement, Temecula Community Center PREPARED BY: ~)Herman D. Parker, Deputy Director of Community Services RECOMMENDATION: That the Community Services Commission: Approve the acquisition agreement between the City of Temecula and the Temecula Town Association (TTA) to acquire the Temecula Community Center and adjacent property located at 28816 Pujol Street. BACKGROUND: Representatives from the Temecula Town Association (TTA) and City staff have met and discussed a proposal for the city to acquire the Temecula Community Center from the TTA. Staff views the acquisition of this center as an excellent opportunity to expand recreational services to the Main Street/Pujol Street neighborhood, while also enabling us to facilitate the delivery of quality human service programs city-wide. Based on a value-in-use appraisal prepared by the City's appraiser, the current value of the building and parking improvements is 8470,000. However, the TTA was provided a loan from the City in the amount of 868,000. This loan currently has an outstanding balance of approximately 848,357. It would be staff's recommendation that the outstanding loan amount of 848,357 be subtracted from the value-in-use appraisal of 8470,000, for a purchase price of $421,643. In our initial conversations with the TTA, the purchase price of 8421,643 appears acceptable, and was recently approved by the TTA Board of Directors. As part of the acquisition, all furniture, fixtures and equipment related to the operations of the Community Center and kitchen would be included i.e., tables, chairs, kitchen equipment and supplies, etc. A list of these items will be included in the acquisition agreement. Staff would also recommend that the existing TTA property be subdivided into three (3) parcels: 1 ) The Boys and Girls Club, 2) Rotary Park and the Community Center, 3) the VFW building and the BMX track. It is staff's recommendation that the City only acquire the parcel that includes Rotary Park and the Community Center. This will reduce the City's overall liability associated with the acquisition and still allow those groups to continue their operations. In November, 1995, we received official notification from the U.S. Department of Housing and Urban Development (HUD) that a survey coordinated by staff in October, had successfully established the Old Town Temecula area as a low/moderate income target area in Temecula. As a result, the Old Town Temecula area is now eligible to receive Community Development Block Grant (CDBG) program funds. It would be our intent to acquire the Community Center and adjacent property using CDBG funds at the $421,643 purchase price. The CDBG funds would be paid directly to the TTA in two (2) consecutive CDBG funding cycles (2 years), in two (2) installments of approximately ~240,000and 9181,643respectively. The acquisition would begin in fiscal year 1996-97, with the first payment due to the TTA once escrow closes. In order to protect the City's interest in the property, the acquisition agreement requires an escrow period of not more than sixty (60) days between the City and the TTA commencing on July 1, 1996. The escrow period is necessary to allow staff time to review and approve the preliminary title report, complete a Phase I environmental assessment, and obtain a policy of title insurance for the property. ATTACHMENTS: Acquisition Agreement Parcel Map AGREEMENT FOR ACQUISITION OF REAL PROPERTY BY AND BETWEEN THE CITY OF TEMECULA AND TEMECULA TOWN ASSOCIATION FOR CERTAIN REAL PROPERTY LOCATED AT 28816 PUJOL STREET IN THE CITY OF TEMECULA (TEMECULA TOWN CENTER) THIS AGREEMENT is entered into as of , 1996, by and between City of Temecula, a municipal corporation formed under the laws of California ("City"), and the Temecula Town Association, a California non-profit corporation ("Seller"). In consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. AGREEMENT TO SELL AND PURCHASE. For valuable consideration, Seller agrees to sell to City, and City agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement, all that certain real property which is legally described and depicted as set forth on Exhibit A, which is attached hereto and incorporated herein by this reference ("Property") and the personal property used in connection with the Property as described on Exhibit B, which is attached hereto and incorporated herein by this reference. The Property consists of approximately two (2) acres and includes the Rotary Park and Community Center and located generally at 28816 Pujol Street in the City of Temecula. a. Prior to the close of escrow, the Seller shall have caused, at its expense, a parcel map to be completed and approved by the City, dividing the property into three parcels: One for the Community Center and Rotary Park; one for the Boys and Girls Club; and one for the BMX track and VFW building. The roller hockey rink shall be included in one of these parcels and shall not be part of the Property being purchased by the City. The Property shall not be less than two (2) acres. The City shall approve the legal description as a condition of the closing. b. Prior to the dose of escrow the General Manager of Seller and the City Manager of City shall agree upon a detailed inventory of the personal property generally described in Exhibit B. 2. PURCHASE PRICE. The total purchase price for the Property shall be the sum of Four Hundred Twenty One Thousand Six Hundred Forth Three Dollars ($421,643.00) ("Purchase Price"), payable as set forth in this Paragraph. The Purchase Price shall be paid entirely out of Community Block Grant Development Funds CCDBG Funds") which the City will receive from the Federal Government through the County of Riverside. The Purchase Price shall be paid in two installments, the first of which shall be two hundred forty thousand dollars ($240,000.00) payable at the close of escrow and the second shall be the remainder of the Purchase Price payable on August 1, 1997, or within three business days after the City receives its 1997-98 CDBG Funds from the County. No interest shall be charged on the Purchase Price. 3. CONVEYANCE OF TITLE. Seller agrees to convey by grant deed ("Grant Deed") to City marketable fee simple title to the Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases and taxes, subject only to those exceptions approved in writing by City pursuant to Paragraph 4 of this Agreement. 4. CONDITION OF TITLE: TITLE INSURANCE POLICY. Seller shall obtain, at its expense, concurrently with the recording of the Grant Deed to City, a standard form CLTA Owner's Policy of Title Insurance in the amount of the Purchase Price, issued by First American Title Company ("First American"), showing the title to the Property vested in City of Temecula, a municipal corporation, subject only to the exceptions approved by City pursuant to the following procedure. a. Seller shall provide City with a preliminary title report CPTR") within twenty (20) working days of the date of this Agreement along with the documents described in the PTR. b. City shall, twenty (20) working days from receipt of the PTR, approve, conditionally approve or disapprove the PTR, in its sole discretion, and shall specify the items which are disapproved or conditionally approved. c. If City shall disapprove or conditionally approve any item in the PTR, Seller shall, within twenty (20) working days of receipt of such disapproval or conditional approval, advise City in writing whether or not Seller shall cause to be eliminated any such disapproved item or items. d. If Seller elects not to eliminate such item or items, this Agreement may be caneeled by either party upon written notice to the other. 5. CONDITIONS PRECEDENT TO CLOSE OF ESCROW. City's obligation to complete the purchase hereunder is conditional upon the following: a. Seller obtains an approved parcel map as described in Section l.a. of this Agreement; b. City shall approve the Preliminary Title Report; c. City shall conduct a physical inspection of the Property, and approve of the physical condition of the Property; d. City shall conduct an environmental investigation of the Property, including but not limited to hazardous materials and/or asbestos, and shall approve the condition of the Property pursuant to such investigation; e. On or before August 31, 1996, the City obtains its disbursement of Community Development Block Grant Funds from the County of Riverside in an amount not less that $240,000; f. City conducts the environmental investigation and approves the environmental report on the Property described in Paragraph 8 of this Agreement; g. City approves the Seller's Disclosure Statement described in Paragraph 8 of this Agreement; h. The truth of each and every warranty and representation made by Seller in this Agreement as of the date of execution thereof and as of the Closing Date; and i. On the Closing Date, First American shall be ready, willing and able to issue to City (or other entity selected by City at least three (3) days prior to the Closing Date) its standard form CLTA Owner's Policy of title insurance insuring City in the amount of the Purchase Price that good and marketable title to the Property is vested in City subject only to the exceptions to title set forth in the PTR and approved by City. 6. ESCROW. a. The Parties hereto shall enter into Escrow for the conveyance of the Property in accordance with this Agreement. Prior to entering escrow the City Manager on behalf of the City and the Seller shall agree upon an Escrow Agent and shall execute Escrow Instructions as necessary to effectuate and implement this Agreement. b. The Closing Date shall be agreed to by the parties but shall not be earlier than July 1, 1996 nor later that August 31, 1996, so as to allow City to obtain its disbursement of the Community Development Block Grant funds from the County of Riverside. c. Seller shall deliver or cause to be delivered to escrow the Grant Deed in proper form duly executed and in recordable form conveying to City fee title to the Property subject only to the exceptions approved by City pursuant to Paragraph 3 hereof. d. Both parties shall execute and deliver to each other any other documents or instruments which are reasonably necessary in order to consummate the purchase and sale of the Property. e. Seller shall deliver to City through escrow an affidavit executed by Seller under penalty of perjury stating Seller's United States taxpayer identification number and that Seller is not a foreign person, in accordance with Internal Revenue Code 1445(2) and such other documents as are required by federal and state tax laws. f. Real property taxes and assessments through fiscal year 1995-96 and 1996-97 shall be prorated as of the Close of Escrow, based upon the latest tax bill available. g. City shall pay the usual recording fees and any required documentary transfer taxes. h. The City Manager of the City is hereby authorized and directed to execute such escrow instructions, certificates of acceptance (Government Code Section 27281), and such other documents as are necessary to complete the transactions described in this Agreement. 7. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to City, and its designated agents, permission to enter upon the Property at all reasonable times prior to close of escrow for the purpose of making necessary or appropriate inspections and investigations, including but not limited to, conducting a soils, geotechnical, toxic and baTnrdous substances investigation. City shall restore the Property to its original condition after said investigation. 8. HAZARDOUS SUBSTANCES DISCLOSURE. a. Pursuant to Health and Safety Code Section 25359.7, and other laws, Seller is obligated to disclose any knowledge that Seller, or any agent, officer or employee of Seller, has regarding hazardous substances on, in or under the Property. It is understood and agreed between City and Seller that the closing of this escrow is subject to and contingent upon receipt and approval, by City, of Seller's Disclosure Statement, disclosing if the Seller, or any present or former agent, officer or employee of Seller, knows or has reasonable cause to believe there are any hazardous or toxic substances or materials located on, in, or under the Property. Said Disclosure Statement is subject to City's review and approval in its sole discretion. b. It is further understood and agreed that City shall have sixty (60) days from the date of this Agreement in which to complete said investigations. If the results of this investigation are not satisfactory to City, then City, in City's sole discretion, shall have the right to cancel the escrow with no obligation to Seller. c. As used in this Agreement, the phrase "Hazardous Materials" shall mean any hazardous, toxic, corrosive, reac~ve, ignitable, carcinogenic or reproductive toxic substance, material, product, compound, chemical or waste (including, without limitation, petroleum, including crude oil, or any fraction thereof, asbestos or asbestos-containing materials, flammable explosives, radioactive materials, and polychlorinated biphenyls) as defined in or regulated by any federal, state or local law, ordinance, regulation or code regarding the environment or health, safety or welfare ("Environmental Law"). 9. CITY CANCELLATION OF PROMISSORY NOTE. In consideration of the sale of the Property and Personal Property as described in Section 1 at the purchase price, the City shall cancel the Promissory Note signed by the Seller and dated as of August 29, 1994, and shall deposit said note into escrow to be cancelled and delivered to Seller at the close of escrow. 10. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller hereby represents and warrants as follows: a. The Property is free and clear of all liens, claims, encumbrances, easements, encroachments or fights-of-way of any nature whatsoever other than the matters set forth as exceptions in the FIR and approved by the City. b. Seller has no knowledge of any order or directive of any applicable Department of Building and Safety, Health Department or any other City, County, State or Federal authority, relating to the Property. c. Seller has complied with, and has no knowledge of any pending, threatened or potential investigation, proceeding or action (including legislative action) relating to the failure of Seller to comply with any and all statutes, laws, ordinances, regulations, rules and orders of governmental authorities having or claiming jurisdiction relating to the ownership, operation and use of the Property including, but not limited to, compliance with all zoning, health, safety, building and fire regulations and the obtaining and compliance with any and all necessary permits, licenses and certificates of authority. d. Seller has no obligations to any finder or broker in connection with the sale of the Property. e. Seller is not aware of any Hazardous Materials (as defined below) that have been used, present, released, stored, manufactured, generated or disposed of on, under or about, or transported to or from the Property. f. To the best of Seller's knowledge, the Property (including, without limitation, the soil and groundwater thereunder) is not in violation of any Environmental Laws. No above-ground or underground tanks exist on, under or about the Property. g. All of the documents, information and records provided by Seller to City in accordance with this Agreement shall contain true and accurate information and do not omit any material fact. h. 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. i. All contracts, agreements, understandings and commitments, written or oral, with vendors, affecting any part of the Property, are disclosed in Exhibit C. attached hereto and incorporated herein. j. As of the time of the Closing Date, Seller shall have paid and settled all outstanding debts, claims and other obligations owed by Seller in connection with the ownership of the Property or the maintenance thereof ("Debts"). City is not assuming any Debts. Seller will indemnify and defend City from all actions relating to collection of Debts. 11. ATTORNEY 'S FEES. In the event of any litigation between the City and Seller, concerning this transaction, the prevailing party shall be entitled to reasonable attorneys' fees. 12. ASSIGNMENT. City 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 City of any of its obligations under this Agreement. 13. NOTICES. All notices called for herein shall be in writing and shall be delivered to Seller and City at the addresses set forth in this Paragraph. Notices shall be deemed delivered two (2) business days after first-class mailing, or upon receipt by personal service at the office of the party, delivery by overnight courier service, or by legible and complete facsimile transmission. The following addresses are to which notices shall be sent pursuant to this Paragraph, provided that either party may change its address by proper notice to the other: SELLER: Temecula Town Association 28816 Pujol Street Temecula, California 92590 CITY: City of Temecula 43174 Business Park Drive Temecula, California 92590 Attention: City Manager With a copy to: Peter M. Thorson, Esq. Burke, Williams & Sorensen 611 West Sixth Street, 251h Floor Los Angeles, California 90017 14. MISCELLANEOUS PROVISIONS. a. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. b. Both Parties are sophisticated buyers and sellers of real property and have participated in the drafting of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first written above. TEMECULA TOWN ASSOCIATION, a California Non-Profit Corporation: By President By Secretary CITY OF TEMECULA, a municipal corporation: By Karel Lindemans, Mayor ATTEST: By June S. Greek, City Clerk APPROVED AS TO FORM: By Peter M. Thorson City Attorney EXHIBIT A LEGAL DESCRIPTION EXHIBIT B TEMECULA COMMUNITY CENTER 28816 PUJOL STREET TEMECULA CA 92590 PROPERTY INVENTORY Kitchen 20 3 1 1 5 3 1 1 1 1 1 1 1 1 1 228 228 107 174 210 107 228 228 228 228 228 36 228 228 72 72 12 6 1 Green Plastic Dishwasher Trays Large Metal Cookie Baking Trays Stainless Steel 2 Shelf Rolling Cart Kenmore Solid State Microwave Oven 15" x 20" Gray Plastic Dish Trays 18" x 24" Teflon Cutting Boards Large 10 Gallon Cooking Pot 18" x 20" Heavy Metal Bake Troy & Lid Large Freezer - Stainless Large Double Refrigerator Large Stove w/Grill & Oven Steam Table Deep Fryer Large Commercial Disposal - Stainless Large Ice Maker Stainless Counters Commercial Dishwasher - Stainless Wood Top Counters Commercial Range Hood Fire Window Fleetwood Plates Fleetwood Salad Plates Grapefruit-Soup Bowls Fruit (Monkey Dishes) Tea Saucers Tea Cups Teaspoons Forks Salad Forks Knives Dessert-Soup Spoons Ice Tea Spoons 13266 Glass 2488 Glass Sugar Packet Holder Salt & Pepper Bus Tray Stainless Coffee Pot Glove Potholder 4 24 24 3 3 4 2 6 2 2 2 1 1 3 4 2 1 1 2 1 2 1 1 2 6 6 5 2 2 1 2 2 2 1 2 2 1 1 1 1 4 6 3 2 84 EXHIBIT B (con't) Pan & Potholder Cracker l~askets Bread Baskets 14" Round Cork Tray 12" x 16" Tray Plastic Silverware Tray Halco Bun Pan Large Round Serving Tray Stainless Oval Serving Tray Sauce Pan Lids 4015 Frying Pan Insert Pan (Grease) Stainless Steel Large Mixing Bowl Stainless Steel Medium Mixing Bowl Stainless Steel Small Mixing Bowl Insert Steamtable 3024 Insert Steamtable 3026 Lids 75120 Grater Large Spatula Small Spatula Pie Spatula Meat Forks Solid Serving Sppol Perforated Spoon Brown Plastic Ladle Brown Plastic 9" Tongs 16" Whip 9" Tong 16" Tong 6 oz. Ladle 8 oz. Ladle 10 oz. Ladle Large Rubber Scraper Small Rubber Scraper Set Measuring Spoons Set Measuring Cups Can Opener 11 qt. Collander Large Dredge (Shaker) Red Water Pitcher Large Brown Crock Small Brown Crock Ashtray Hall EXHIBIT B (con't) 1 4 Section 8' x 16' Portable Stage and Steps Battery Powered Wall Clock 32 8' Folding Leg Tables 3 6' Folding Leg Tables 1 Set Blue Pleated Drapes 268 Hall Chairs (in chair storage room) 2 Metal Chair Moving Dollies 1 Stainless Steel Exhaust Hood 3 Table Moving Dollies 1 Commercial Reefer Unit w/2 Beer Tappers 1 Stainless Steel Triple Sink 1 Stainless Steel Single Sink 4 Smoke Eaters Lobby 2 2 1 Floor Stand Ash Trays Large Potted Tree Plants Revolving Display Rack Caboose 1 Wall Mount Air Conditioner EXHIBIT C CONTRACTS AFFECTING PROPERTY TEMECUI~ TOWN ASSOCIATION PROPERTY PARCEL MAP 8248 IN THE UNINCORPORATED TERRITORY OF G ITEM NO. 3 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Community Services Commission Shawn D. Nelson, Director of Community Services February 12, 1996 Acquisition Agreement, Winchester Creek Property PREPARED BY: r"~.Herman D. Parker, Deputy Director of Community Services RECOMMENDATION: That the Community Services Commission: Approve the acquisition agreement between the City of Temecula and Winchester Hills I LLC to acquire the 4.5 acre park site located east of Margarita Road, directly north of the Winchester Creek Development. BACKGROUND: In an effort to expand recreation and park facilities and opportunities for citizens in the northern portion of the city, while also striving to accomplish established goals identified in the Park and Recreation Master Plan, our City Attorney and staff have prepared the attached Real Property Acquisition Agreement to acquire additional parkland. This agreement will enable the City to acquire an approximate 4.5 acre park site located north of Winchester Road on Margarita Road, adjacent to the Winchester Creek housing development. As a result of staff negotiations with Winchester Hills I LLC, the City can acquire this park site for a purchase price of $225,000 (approximately $50,000 per acre) payable in fee credits for the parks component of Public Facilities Fees. These fee credits would be granted by the City, when requested by the developer, as a condition of residential unit development. Once this proposed agreement has received all appropriate approvals, it is the intent of staff to enter an escrow period not more than 60 days after the execution of this agreement. The escrow period will enable staff to acquire and approve the preliminary title report, complete a physical site inspection, approve the sellers disclosure statement, complete a Phase I environmental assessment and obtain a policy of title insurance for the property. After acquisition is completed, staff would begin to design and master plan this park site immediately. The site appears suitable as a neighborhood park site with a variety of recreational amenities including a tot lot, picnic areas, outdoor basketball courts and more. $703,125 has already been budgeted and approved in the City's Capital Improvement Project program to design and construct the required improvements. Attachments: Location Map Acquisition Agreement AGREEMENT FOR ACQUISITION OF REAL PROPERTY BY AND BETWEEN THE CITY OF TEMECULA AND WINCHESTER HILLS I LLC FOR CERTAIN REAL PROPERTY LOCATED AT EAST OF MARGARITA ROAD AND NORTH OF RUSTIC GLEN DRIVE IN THE CITY OF TEMECULA (WINCHESTER CREEK PARK) THIS AGREEMENT is entered into as of February 27, 1996, by and between City of Temecula, a municipal corporation formed under the laws of California ("City"), and Winchester Hills I LLC ("Seller"). In consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. AGREEMENT TO SELL AND PURCHASE. For valuable consideration, Seller agrees to sell to City, and City agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement, all that certain real property ("Property") consisting of approximately four and one-half (4 1/2) acres located generally east of Margarita Road and north of Rustic Glen Drive in the City of Temecula and legally described as set forth on Exhibit A, which is attached hereto and incorporated herein by this reference. a. Prior to the close of escrow, the Seller shall have caused, at its expense, a survey to be completed by a licensed surveyor, approved by the City, confirming the description of the Property. The Property shall not be less than four and one-half (4 1/2) acres. The City shall approve the legal description as a condition of the closing. 2. PURCHASE PRICE. The total purchase price for the Property shall be the sum of Two Hundred Twenty Five Thousand DOLLARS ($225,000)("Purchase Price"), payable in credits for parkland dedication and fees as follows: a. Seller owns other undeveloped real property within the City of Temecula which will be developed with residential units. b. As a condition of development of the residential units, Seller will be required to dedicate land for park purposes and to pay Public Facilities Fees as determined by the City Council. c. Seller shall receive a parkland dedication fee credit towards the City's Quimby requirements for Four and One Half (4.5) acres for the Property, regardless of when the credit is taken. d. In addition to the credit for parkland dedication described in subparagraph c., seller shall receive a fee credit for the parks component of the Public Facilities Fee for 4.5 acres based upon FIFTY THOUSAND DOLLARS ($50,000.00 per acre) for the Property, regardless of when the credit is taken. When the Seller wishes to utilize a fee credit pursuant to this section, the Seller shall notify the City in writing at the time it submits the development application to the City for processing and shall specify the dedication or fees to which the credits shall apply. The City shall acknowledge the request for fee credit in writing. During the month of July of each year, the City shall provide Seller with a summary of the fee credits taken during the previous City fiscal year. e. No interest shall be charged upon the purchase price during the period from the date of possession and the date of use of the last fee credit. 3. CONSTRUCTION OF IMPROVEMENTS. City agrees to construct, at its expense, the improvements necessary to make the property suitable for park and recreation purposes. City shall determine, in its discretion, the timing of the construction of the park improvements. 4. CONVEYANCE OF TITLE. Seller agrees to convey by grant deed ("Grant Deed") to City marketable fee simple title to the Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases and taxes, subject only to those exceptions approved in writing by City pursuant to Paragraph 5 of this Agreement. 5. CONDITION OF TITLE: TITLE INSURANCE POLICY. Seller shall obtain, at its expense, concurren~y with the recording of the Grant Deed to City, a standard form CLTA Owner's Policy of Title Insurance in the amount of the Purchase Price, issued by First American Title Company ("First American"), showing the title to the Property vested in City of Temecula, a municipal corporation, subject only to the exceptions approved by City pursuant to the following procedure. a. Seller shall provide City with a preliminary title report CPTR'') within twenty (20) working days of the date of this Agreement along with the documents described in the PTR. b. City shall, twenty (20) working days from receipt of the PTR, approve, conditionally approve or disapprove the PTR, in its sole discretion, and shall specify the items which are disapproved or conditionally approved. c. If City shall disapprove or conditionally approve any item in the PTR, Seller shall, within twenty (20) working days of receipt of such disapproval or conditional approval, advise City in writing whether or not Seller shall cause to be eliminated any such disapproved item or items. d. If Seller elects not to eliminate such item or items, this Agreement may be canceled by either party upon written notice to the other. 6. CONDITIONS PRECEDENT TO CONSUMMATION OF SALE. City's obligation to complete the purchase hereunder is conditional upon the following: a. City shall approve the Preliminary Title Report; b. City shall conduct a physical inspection of the Property, and approve of the physical condition of the Property; c. City conducts the environmental investigation and approves the environmental report on the Property described in Paragraph 9 of this Agreement; d. City approves the Seller's Disclosure Statement described in Paragraph 9 of this Agreement; e. The truth of each and every warranty and representation made by Seller in this Agreement as of the date of execution thereof and as of the Closing Date; and f. On the Closing Date, First American shall be ready, willing and able to issue to City (or other entity selected by City at least three (3) days prior to the Closing Date) its standard form CLTA Owner's Policy of title insurance insuring City in the amount of the Purchase Price that good and marketable title to the Property is vested in City subject only to the exceptions to title set forth in the PTR and approved by City. 7. ESCROW. a. The Parties hereto shall enter into Escrow for the conveyance of the Property in accordance with this Agreement. Prior to entering escrow the City Manager on behalf of the City and the Seller shall agree upon an Escrow Agent and shall execute Escrow Instructions as necessary to effectuate and implement this Agreement. b. The Closing Date shall be agreed to by the parties but shall not be more that sixty (60) days after the execution of this Agreement. c. Seller shall deliver or cause to be delivered to escrow the Grant Deed in proper form duly executed and in recordable form conveying to City fee title to the Property subject only to the exceptions approved by City pursuant to Paragraph 4 hereof. d. Both parties shall execute and deliver to each other any other documents or instruments which are reasonably necessary in order to consummate the purchase and sale of the Property. e. Seller shall deliver to City through escrow an affidavit executed by Seller under penalty of perjury stating Seller's United States taxpayer identification number and that Seller is not a foreign person, in accordance with Internal Revenue Code 1445(2) and such other documents as are required by federal and state tax laws. f. Real property taxes through fiscal year 1995-96 shall be promted as of the Close of Escrow, based upon the latest tax bill available. Assessments of record including those assessments due under Assessment District 161 shall be paid by Seller. g. Seller shall pay the usual recording fees and any required documentary transfer taxes. h. The City Manager of the City is hereby authorized and directed to execute such escrow instructions, certificates of acceptance (Government Code Section 27281), and such other documents as are necessary to complete the transactions described in this Agreement. 8. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to City, and its designated agents, permission to enter upon the Property at all reasonable times prior to close of escrow for the purpose of making necessary or appropriate inspections and investigations, including but not limited to, conducting a soils, geotechnical, toxic and baTardous substances investigation. City shall restore the Property to its original condition after said investigation. 9. HAZARDOUS SUBSTANCES DISCLOSURE. a. Pursuant to Health and Safety Code Section 25359.7, and other laws, Seller is obligated to disclose any knowledge that Seller, or any agent, officer or employee of Seller, has regarding hazardous substances on, in or under the Property. It is understood and agreed between City and Seller that the closing of this escrow is subject to and contingent upon receipt and approval, by City, of Seller's Disclosure Statement, disclosing if the Seller, or any present or former agent, officer or employee of Seller, knows or has reasonable cause to believe there are any hazardous or toxic substances or materials located on, in, or under the Property. Said Disclosure Statement is subject to City's review and approval in its sole discretion. b. It is further understood and agreed that City shall have forty-five (45) days from the date of this Agreement in which to complete said investigations. If the results of this investigation are not satisfactory to City, then City, in City's sole discretion, shall have the right to cancel the escrow with no obligation to Seller. 10. REMOVAL OF HAZARDOUS. TOXIC, OR OTHER WASTES OR SUBSTANCES. a. It is further understood and agreed that Seller shall protect, defend, (with counsel acceptable to City) indemnify and hold City, its officers, employees, volunteers, agents, assigns and any successor or successors to City's interest harmless from any and all liability, costs, losses, fines, penalties, charges, response, remediation and removal costs and/or claims of any kind whatsoever (including, but not limited to attorneys' and expert witness fees and costs incurred in defending against any of the foregoing or in enforcing this indemnity) relative to the existence, remediation, removal, repair and/or disposal of said Hazardous Materials, and hazardous, toxic or other wastes or substances on or in or under the herein described Property. This indemnity includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions, asbestos and lead-based paint, as defined pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"], 42 U.S.C. Section 9601, et seo_., the Resource Conservation and Recovery Act ["RCRA"], 42 U.S.C. Section 6901 et Lea. or California Health and Safety Code Section Code Section 25280 et .s_e~. at any place where Seller owns or has control of real property pursuant to any of Seller's activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA and California Health and Safety Cede Section 25364 to assure, protect, hold harmless and indemnify City from liability. b. As used in this Agreement, the phrase "Hazardous Materials" shall mean any hazardous, toxic, corrosive, reactive, ignitable, carcinogenic or reproductive toxic substance, material, product, compound, chemical or waste (including, without limitation, petroleum, including crude oil, or any fraction thereof, asbestos or asbestos-containing materials, flammable explosives, radioactive materials, and polychlorinated biphenyls) as defined in or regulated by any federal, state or local law, ordinance, regulation or code regarding the environment or health, safety or welfare ("Environmental Law"). 11. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller hereby represents and warrants as follows: a. The Property is free and clear of all liens, claims, encumbrances, easements, encroachments or fights-of-way of any nature whatsoever other than the matters set forth as exceptions in the PTR and approved by the City. b. Seller has no knowledge of any order or directive of any applicable Department of Building and Safety, Health Department or any other City, County, State or Federal authority, relating to the Property. c. Seller has complied with, and has no knowledge of any pending, threatened or potential investigation, proceeding or action (including legislative action) relating to the failure of Seller to comply with any and all statutes, laws, ordinances, regulations, rules and orders of governmental authorities having or claiming jurisdiction relating to the ownership, operation and use of the Property including, but not limited to, compliance with all zoning, health, safety, building and fire regulations and the obtaining and compliance with any and all necessary permits, licenses and certificates of authority. d. Seller has no obligations to any finder or broker in connection with the sale of the Property. e. Seller is not aware of any Hazardous Materials (as defined below) that have been used, present, released, stored, manufactured, generated or disposed of on, under or about, or transported to or from the Property. f. To the best of Seller's knowledge, the Property (including, without limitation, the soil and groundwater thereunder) is not in violation of any Environmental Laws. No above-ground or underground tanks exist on, under or about the Property. g. All of the documents, information and records provided by Seller to City in accordance with this Agreement shall contain true and accurate information and do not omit any material fact. h. 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. i. All contracts, agreements, understandings and commitments, written or oral, with vendors, affecting any part of the Property, are disclosed in Exhibit B attached hereto and incorporated herein. j. As of the time of the Closing Date, Seller shall have paid and settled all outstanding debts, claims and other obligations owed by Seller in connection with the ownership of the Property or the maintenance thereof CDebtsD. City is not assuming any Debts. Assessments of record shall be paid by Seller, including assessments due under Assessment District 161. Seller will indemnify and defend City from all actions relating to collection of Debts. 12. ATTORNEY' S FEES. In the event of any litigation between the City and Seller, concerning this transaction, the prevailing party shall be entitled to reasonable attorneys' fees. 13. ASSIGNMENT. City may assign its fights 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 City of any of its obligations under this Agreement. 14. NOTICES. All notices called for herein shall be in writing and shall be delivered to Seller and City at the addresses set forth in this Paragraph. Notices shall be deemed delivered two (2) business days after first-class mailing, or upon receipt by personal service at the office of the party, delivery by overnight courier service, or by legible and complete facsimile transmission. The following addresses are to which notices shall be sent pursuant to this Paragraph, provided that either party may change its address by proper notice to the other: SELLER: Mr. Stephen A. Bieri, Manager Winchester Hills I LLC 417 Carreel Street, Suite 200 San Maxcos, CA 92069-4368 CITY: City of Temecula 43174 Business Park Drive Temecula, California 92590 Attention: City Manager With a copy to: Peter M. Thorson, Esq. Burke, Williams & Sorensen 611 West Sixth Street, 251h Floor Los Angeles, California 90017 15. MISCELLANEOUS PROVISIONS. a. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. b. Both Parties axe sophisticated buyers and sellers of real property and have participated in the drafting of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first written above. Winchester Hills I LLC, a Limited Liability Company: By Name Stephen A, Bieri Title Manager CITY OF TEMECULA, a municipal corporation: Karel Lindemans, Mayor ATTEST: By June S. Greek, City Clerk APPROVED AS TO FORM: By Peter M. Thorson City Attorney EXHIBIT A LEGAL DESCRH'TION 10