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HomeMy WebLinkAbout071398 CSC AgendaAGENDA TEMECULA COMMUNITY SERVICES COMMISSION TO BE HELD AT TEMECULA CITY HALL MONDAY, JULY 13, 1998 7:00 P.M. CALL TO ORDER: FLAG SALUTE: ROLL CALL: PRESENTATIONS: Chairman Tom Edwards Commissioner Henz Henz, Meyler, Miller, Nimeshein, Edwards Mark and Mickey Evans KRTM Radio 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 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 your name and address. For all other agenda items, a "Request to Speak" form must be filed with the Community Services 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 SF, RVICI~-q COMMISSION .luly 13, 1998 DIVISION REPORTS COMMISSION BUSINESS ADI3roval of the Minutes RECOMMENDATION: 1.1 Approve the minutes of the June 8, 1998 Community Services Commission meeting. Sunday In The Park Program RECOMMENDATION: 2.1 Receive and file. Joint Use Agreement for Lights at TVHS Tennis Courts RECOMMENDATION: 3.1 Apl;)oint One Commissioner to Serve on the Cultural Arts Master Plan Project Committee RECOMMENDATION: 4.1 Appoint one Commissioner to serve on the Cultural Arts Master Plan Project Committee. I~\CSCAGEND/071398.CSC z July 7, 1998 COMMUNITY SF, RVICF-g COMMISSION .Iu~ 13, 1998 Recognition Plaque - Shawn D. Nelson RECOMMENDATION: 5.1 That the Community Services Commission approve the language for the plaque recognizing Shawn D. Nelson as the first Director of Community Services for the City of Temecula, to be installed at the Community Recreation Center. Cancel August Meeting RECOMMENDATION: 6.1 That the Community Services Commission cancel the regularly scheduled meeting of August 1998. COMMUNITY SERVICES DIRECTOR'S REPORT COMMUNITY SERVICES COMMISSIONER REPORTS ADJOURNMENT The next regularly scheduled meeting of the Community Services Commission will be held on Monday, September 14, 1998, 7:00 P.M., at Temecula City Hall, 43200 Business Park Drive, Temecula, California. ~\CSCAGBHDI07139S.CSC 3 July 7, 1998 ITEM NO. I MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT HELD MONDAY, JUNE 8, 1998 A regular meeting of the City of Temecula Community Services Commission was held on Monday, June 8, 1998 7:00 P.M., at the Temecula City Hall, 43200 Business Park Drive, Temecula, California. The meeting was called to order by Vice Chairman Jeff Nimeshein. Administrative Secretary Gall Zigler led the flag salute. PRESENT: 4 ABSENT: I COMMISSIONERS: COMMISSIONERS: Henz, Meyler, Miller, Nimeshein, Edwards Also present were Community Services Acting Director Herman Parker, Recreation Super- intendent Julie Pelletier, Development Services Administrator Phyllis Ruse, Maintenance Superintendent Kevin Harrington and Administrative Secretary Gall Zigler. PRESENTATIONS The Community Services Commission presented a Certificate of Appreciation to: Ruth Munoz, TCSD Maintenance Division Project Employee PUBLIC COMMENTS None DIVISION REPORTS Development Services Administrator Phyllis Ruse reported the following: The ADA Improvement Project will be completed by the end of June. A new play structure was installed at Calle Aragon Park. Once the rubber play surface is installed, the ADA Improvement Project will be complete. The Temecula Duck Pond Phase II Master Plan is in final plan check. The installation of temperature control system for the Community Recreation Center began construction on June 15, 1998. It is anticipated this project will be completed by July 28, 1998. During Phyllis's report at the April Commission meeting, Commissioner Miller asked about vector control at the Desilting Pond. Phyllis advised the Commission that the City no longer has a vector control contract. She explained that these contracts are very costly and the City did not utilize them. Phyllis added that the City is currently in the weed abatement process R:XM1NUTESM)60898.CSD I which tends to minimize these related problems. Phyllis advised that Chief Building Official Tony Elmo has stated that if the if the City should have a problem within the City, staff would contact the County and they would come out and service the area and charge the City. Maintenance Superintendent Kevin Harrington reported the following projects were completed by maintenance division staff: Smoke detectors and door magnets were installed through out City Hall. Staff worked with Robbie Slater on his Eagle Scout Project which included the installation of a directional sign and ball field numbering at the Rancho California Sports Park. Maintenance staff completed a detailed maintenance program at Pala Community Park which included the installation of a vent fan and skylight in the restroom/snack bar facility. New chairs racks were purchased for the Community Recreation Center. The Maintenance Division responded to 62 service order requests. Commissioner Miller expressed his satisfaction with the Eagle Scout project at the Sports Park. Commissioner Miller said he had a concern with regards to the overall height of the sign. Maintenance Supervisor Kevin Harrington advised that staff has concerns regarding vandalism of the sign. He added that staff is not complete with the improvements to the area were the sign is installed. Recreation Superintendent Julie Pelletier reported the following: The 2nd Annual 'Come Fly A Kite Day" was held on Sunday, May 17, at the Rancho California Sports Park. There were approximately 250 - 300 in attendance. This event is proving to be very successful i~ the community. The event was co-sponsored by Target of Temecula and they are anxious to participate in future events. The 1998 Summer/Fall Guide To Leisure Activities was mailed to the residents this past weekend. The Community Recreation Center Pool will open for summer hours next week. Summer hours include public swim Monday thru Sunday, swim lessons and Family Swim Night every Wednesday night. Staff is currently putting the final touches on the July 4th celebration. The events include the July 4th parade, family games and entertainment at the Sports Park and a Fireworks display. July 19, 1998 begins the Summer Concert Series. This event is presented by the Temecula Arts Council, the City of Temecula Community Services Department and R:~IINUTES~0~O898.CSD 2 Target of Temecula. The July 19 and August 16 concerts will be held at the Thomas H. Langley Amphitheater. Sunday, September 27, the annual "Concert On The Green" will be held at the Rancho California Sports Park. Commissioner Miller asked about public safety at the Temecula Elementary School Pool during the construction of Margarita Community Park. Ms. Pelletier explained that staff is looking at placing a crossing guard at the site to ensure the safety of the parents and children attending swimming lessons. Commissioner Meyler complimented staff on the quality of the recreation brochure. Commissioner Nimeshein asked if the cooler weather has affected pool attendance. Ms. Pelletier said attendance has been down slightly. Commissioner Nimeshein asked if there was an increase in attendance at the Kite Day event. Ms. Pelletier said attendance at this event has doubled. COMMISSION BUSINESS 1. Approve~ of the Minute It was moved by Commissioner Meyler, seconded by Commissioner Miller to approve the minutes of the May 11, 1998 Community Services Commission meeting. The motion carried as follows: AYES: NOES: ABSENT: 4 COMMISSIONERS: 0 COMMISSIONERS: I COMMISSIONERS: Henz, Meyler, Miller, Nimeshein None Edwards TCSD Proposed Rates and Charges for Fiscal Year 1998-1999 Acting Director Herman Parker presented the staff report. The report was receive and file. No action is required. Temeku Park Masterl)lan Phyllis Ruse presented the staff report. Vince DiDonato of the Alhambra Group reviewed the Masterplan with the Commission and was available to answer questions. Commissioner Nimeshein stated he has been wondering if some of the park sites could be dedicated to passive activities such as gardens, walking paths, jogging paths, etc. Acting Director Herman Parker said staff looks at the property available and the demand in the community when they go forward with a master plan design for a park site. Commissioner Nimeshein said he would like to see the City consider setting aside a portion of the parks for passive uses. It was moved by Commissioner Henz, seconded by Commissioner Miller to approve the Master Plan for Temeku Park. The motion was carried as follows: AYES: NOES: ABSENT: 4 COMMISSIONERS: 0 COMMISSIONERS: I COMMISSIONERS: Henz, Meyler, Miller, Nimeshein None Edwards 4. Greek Festival Julie Pelletlet presented the staff report. Marci Hadjis, 42808 Santa Suzanne, Temecula, representing the St. Nicholas Greek Eastern Orthodox Church, provided the Commission with an overview of the event. Commissioner Miller said he has a concern with the sale of alcohol at a public facility. Commissioner Miller said he supports the measures the organization has taken and asked if the church would agree to discourage drinking and driving at the event through the use of signs, etc. Marci Hadjis said she thought the suggestion was very good and the church would be willing to place this type of signage. Commissioner Miller asked staff what the City's past experience has been with regards to this event. Acting Director Herman Parker said staff has approved this type of use in the past. He said staff looks at the previous events prior to approval of the current event. Director R:~4]NU'fF~60898.CBD 4 Parker said the Greek Festival has operated independently of the City in the past and therefore the City contacted the Temecula Police Department and they gave an excellent report on the past events. Commissioner Henz said he has a concern with alcohol at this event because it is on City property. Commissioner Nimeshein suggested that the festival coordinators might want to look at eliminating alcohol at this event. Perry Peters, 42968 Agenda Street, Temecula, addressed the Commission's concerns with details about the event. Commissioner Henz asked staff when has the City approved alcohol beverages at a park site. Director Parker said when the use of alcohol at an event could be controlled or confined to a specific area. Commissioner Miller moved to approve St. Nicholas Greek Eastern Orthodox Church of Temecula, to sell and serve alcoholic beverages at the 1998 Greek Festival held at the Temecula Community Center, and require the publication of the hazards of drinking and driving be posted at the event, seconded by Commissioner Henz. The motion was carried as follows: AYES: NOES: ABSENT: 4 COMMISSIONERS: 0 COMMISSIONERS: I COMMISSIONERS: Henz, Meyler, Miller, Nimeshein None Edwards Ai)l)oint One Commissioner to the Library Project Committee Acting Director Herman Parker presented the staff report. It was moved by Commissioner Henz, seconded by Commissioner Meyler to approve the appointment of Commissioner Nimeshein to the Library Project Committee. Commissioner Nimeshein said he would accept the appointment to the Library Project Committee, however he would recommend at the next meeting the Commission appoint Commissioner Meyler to the Cultural Arts Master Plan and he asked Commissioner Meyler to attend the June 16, 1998 Cultural Arts Master Plan committee meeting. R:~v~FLITE8~D60898.CSD 5 The motion was carried as follows: AYES: NOES: ABSENT: 4 COMMISSIONERS: 0 COMMISSIONERS: I COMMISSIONERS: Henz, Meyler, Miller, Nimeshein None Edwards Recognition PlaQue at the Community Recreation Center Acting Director Herman Parker presented the staff report. Commissioner Nimeshein said he would like to see more language in the verbage of the plaque. It was moved by Commissioner Henz, seconded by Commissioner Meyler to approve the placement of a recognition plaque for Shawn D. Nelson, at the Community Recreation Center, with the final language for the plaque to be approved by the Commission at the July meeting. The motion was carried as follows: AYES: 4 COMMISSIONERS: NOES: 0 COMMISSIONERS: ABSENT: 1 COMMISSIONERS: Henz, Meyler, Miller, Nimeshein None Edwards COMMUNITY SERVICES DIRECTOR'S REPORT None COMMUNITY SERVICES COMMISSIONER REPORTS None ADJOURNMENT Chairman Edwards declared the meeting adjourned at 8:30 P.M. Secretary R:LMI~1LTFES~60898.CSD Chairman Tom Edwards CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Community Services Commission Herman 13. Parker, Acting Director of Community Services July 13, 1998 Cultural Arts Master Plan Project Committee PREPARED BY: Gall L. Zigler, Administrative Secretary RECOMMENDATION: That the Community Services Commission: Appoint one Commissioner to serve on the Cultural Arts Master Plan Project Committee. DISCUSSION: At the June 8, 1998, Community Services Commission meeting Commissioner Jeff Nimeshein was appointed to serve on the project committee for the Temecula Library Project. Commissioner Nimeshein, who had been appointed to the Cultural Arts Master Ran project committee, accepted the appointment to the Library Project Committee and recommended another Commissioner replace him on the Cultural Arts Master Plan Project Committee. ITEM NO. 2 CITY OF TEMECULA AGENDA REPORT TO~ FROM: DATE: SUBJECT: Community Services Commission ~-~,Herman D. Parker, Director of Community Services July 13, 1998 Sunday In The Park Program PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the Community Services Commission: Receive and file report regarding the "Sunday In The Park" program. DISCUSSION: The Community Services Department is proud to sponsor the "Sunday In The Park" program scheduled for August 2, 9, 23, 30, 1998 from 2:00 p.m. - 5:00 p.m. at the Community Recreation Center Amphitheater. The program is co-sponsored by Kidz Voice, a local volunteer group specializing in the issues facing the youth of Temecula Valley. Each "Sunday In The Park" event will be complete with youth and family oriented entertainment, as well as specialty booths providing parents and guardians with information related to recreational and educational opportunities available to them. Promotional material for the event will include, but is not limited to flyer distribution to all local public and private schools, newspaper advertisements and press releases, and poster distribution throughout the City. Event planners are hopeful that a program such as this will allow greater recreational opportunities for families at the Temecula Community Recreation Center Amphitheater and provide important parental information. ITEM NO. 3 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Community Services Commission ~Herman D. Parker, Director of Community Services July 13, 1998 Agreement for Joint Use of the Tennis Courts at the Temecula Valley High School PREPARED BY: ~°hyllis L. Ruse, Development Services Administrator RECOMMENDATION: That the Community Services Commission approve in substantial form, final form to be approved by City Manager and City Attorney, the agreement between the City of Temecula and the Temecula Valley Unified School District (TVUSD) for joint use of the tennis courts at the Temecula Valley High School. DISCUSSION: In an effort to provide additional athletic services and opportunities for the community during evening and weekend hours, the Community Services Department has negotiated with the Temecula Valley Unified School District (TVUSD) for the installation of lights at the Temecula Valley High School (TVHS) tennis courts. The TVHS has eight (8) tennis courts that would be available for public use after school hours through the week and on the weekends, except for previously scheduled school tennis team practices and tournaments. To clearly define the construction responsibilities and use of the TVHS tennis courts once the lighting project is completed, the Community Services Department has prepared a proposed agreement between the TCSD and the TVUSD for use of the TVHS tennis courts. The term of the agreement is twenty (20) years with an option to extend the term for two (2) additional ten (10) year periods. The proposed agreement would be the third such joint facility use agreement the City has with the TVUSD. The Facility Use Agreement between the TCSD and TVUSD for the use of Temecula Valley High School tennis courts provides for the TCSD to design and construct the lights and pay the electrical costs associated with the operation of the lights, which shall be separately metered. The Agreement also calls for other improvements to the site, including installation of fencing and a rolling gate in the parking lot adjacent to the tennis courts to limit vehicular access to other parts of the school campus; a rolling gate at the pedestrian access to visitor seating in football stadium; a mow curb adjacent to the exterior south side of the courts for drainage purposes; concreting in the planter adjacent to the exterior of the north side of courts to prevent erosion; and windsGreens around court perimeters and interior. The TCSD operations and maintenance responsibilities will include replacing the windscreens every three years, as necessary; providing tennis court nets for installation by School District personnel; power washing the courts once every other month; opening, closing, and cleaning adjacent restrooms; and opening and locking gates at the parking lot and football field access points to secure the school site. These responsibilities represent normal maintenance that the City would perform regularly if the courts were located on City property. The TVUSD's responsibilities shall include resurfacing the tennis courts, as necessary; maintaining court surfaces, lines and nets in good condition at all times; providing the labor to replace tennis court nets as needed; maintaining the tennis court area, the walkways leading to the tennis courts, and parking lot for the tennis courts in a neat and clean condition, including, but not limited to, daily removal of trash and debris; and providing keys to City personnel for restroom facilities, tennis court facilities, and parking lot gates, as necessary, to permit access to those facilities. If approved by the Community Services Commission, staff will present the proposed agreement to the Community Services Board of Directors at their July 14, 1998 meeting. The proposed agreement will be considered by the TVUSD Board of Directors at their August meeting. ATTACHMENT: Temecula Valley High School Facility Use Agreement AGREEMENT BETWEEN THE CITY OF TEMECULA AND TE1VIECULA VALLEY UNIFIED SCHOOL DISTRICT FOR THE JOINT USE OF TEIVIECULA VALLEY HIGH SCHOOL TENNIS COURTS THIS AGREEMENT is made and entered into as of July 14, 1998 by and between the City of Temecula, a municipal corporation ("City"), and the Temecula Valley Unified School District ("District"). In consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. ~ This Agreement is entered into with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the parties: a. District is the owner of certain real property within the City of Temecula, known as Temecula Valley High School; b. Title I, Division 1, Part 7, Chapter 10, commencing with Section 10900 of the Education Cede, authorizes public school districts and cities to cooperate with one another for the purpose of authorizing, promoting and conducting programs of community recreation which will contribute to the attainment of general recreational and educational objectives for children and adults of the State. In this regard, school districts and cities may enter into agreements with each other to aid and cooperate in carrying out these objectives. The governing body of any school district is authorized by these provisions to use the buildings, grounds, and equipment of the district, or any of them, to carry out the recreational and educational objectives, or may grant the use of any building, grounds, or equipment of the district to any other public authority for such purposes, whenever the use of the buildings, grounds, or equipment for community recreational purposes will not interfere with use of the buildings, grounds, and equipment for any other purpose of the public school system. Accordingly, the District and City are authorized to enter into this Agreement. c. District and City desire to jointly develop and utilize a portion of Temecula Valley High School for park, recreational and education purposes benefiting the citizens of Temecula; and d. The portion of the Temecula Valley High School to be developed for these joint purposes consists of the eight (8) tennis courts located on the Temecula Valley High School property and is depicted on Exhibit A, attached hereto and incorporated herein by this reference (hereafter the "Property"). 2. Use of Property as Park. District hereby grants to City a license to (1) use the Property as a public park within designated time frames, (2) use the designated parking lot areas within the High School as parking for users of the Property, and (3) use designated walkways within the High School for access to the Property, all in accordance with the terms and restrictions as set forth in this Agreement. 3. Term of Agreement. The term of the license granted by this Agreement shall be for a period of twenty (20) years from July 1, 1998, unless terminated or extended as provided in this Agreement. City shall have an option to extend the term for two (2) ten (10) year periods. City shall exercise the rights of the option prior to six (6) months of the end of the first twenty (20) year period or six (6) months of the end of the first option period. 4. Apportionment of Use of Property by City and District. The Property shall be used for school purposes by the District during the hours of 8:00 a.m. to 6:00p.m., Monday through Friday except on School Holidays. SchoolHolidays shall be defined as those days or portion of days when the Temecula Valley High School is not in session. The District shall also have use of the Property for occasional scheduled competitive tennis team practice and competitions, on Saturdays and weekday evenings. On or before September 1 of each year the District shall notify the City of the dates when the Temecula Valley High School will not be in session, as well as the approximate scheduled dates and times of competitive tennis team use. At all other times, the Property shall be used for public park purposes by the City and subject to such park rules and regulations for the use of the park as the City may enact. 5. Improvement of the Property. The City shall, at its sole cost and expense, design, construct and install: (1) lights on the tennis courts on the Property to allow for night tennis play; (2) fencing in the parking lot adjacent to the tennis courts, as shown on Exhibit "A", complete with a rolling gate to limit vehicular access to other parts of the school campus; (3) rolling gate at pedestrian access to visitor seating in football stadium; (4) mow curb adjacent to exterior south side of courts; (5) concrete planter adjacent to exterior of north side of courts; (6) windscreens around court perimeters and interior (the "Improvements"); and (7) signage to establish City access to the existing stadium restrooms during City use of tennis courts. The City' s obligation to construct the Improvements is contingent upon the City Council (1) completing an environmental review and making all necessary findings pursuant to the California Environmental Quality Act, and (2) appropriating, in its sole and absolute discretion, adequate funds to construct the Improvements. The Improvements shall comply with all laws, rules and regulations applicable to the construction of Improvements on school facilities. The Improvements shall be constructed in accordance with approved plans and specifications. The District shall review and approve the plans and specifications prior to R:~USEPICONTRACT~iTENNIS. TVH bidding of the project. Upon expiration of the term of this Agreement or ea~ier termination of this Agreement pursuant to the terms hereof, the District shall own the Improvements. 6. School District Maintenance Responsibilities. During the term of this Agreement, the District shall, at its sole cost and expense, unless otherwise provided herein, perform the following maintenance on the Property and the improvements which currently exist upon it or which are to be constructed upon the Property pursuant to the terms of this Agreement, in accordance with reasonable maintenance standards and schedules: a. Resurface the tennis courts, as necessary, to be determined by the School District Director of Facilities Services; and b. Maintain tennis court surfaces, lines and nets in good condition at all times and replace tennis court nets as needed, with the cost of the nets being borne by the City; and c. Maintain the walkways leading to the tennis courts, and parking for the tennis courts in a neat and clean condition, including, but not limited to, daily removal of trash and debris, and d. Provide keys to the key City personnel for restroom facilities, tennis court facilities, and parking lot gates, as necessary, to permit access to those facilities. e. Maintain and trim trees and landscaping adjacent to tennis courts. f. Maintain parking lot fencing and gates. 7. City Maintenance Responsibilities. During the term of this Agreement, the City shall, at its sole cost and expense, perform the following maintenance on the Property and the improvements which currently exist upon it or which are to be constructed upon the Property pursuant to the terms of this Agreement, in accordance with reasonable maintenance standards and schedules: a. Maintain the lights to be installed on the tennis courts in accordance with manufacturer's standards, including but not limited to, replacement of bulbs; and b. Pay all electric utility costs necessary for lighting the tennis courts; and c. Replace windscreens at least every three years, as necessary, to be determined by the City Director of Community Services; and d. Maintain the tennis court area in a neat and clean condition, including removal of trash and debris; and e. Power wash the courts once every other month; and f. Open restrooms adjacent to tennis courts for public access during City court usage times; and g. Clean and lock restrooms adjacent to tennis courts after each day used for City usage time; and h. Lock rolling gates at parking lot adjacent to tennis courts and at visitor football seating pedestrian access during City usage time and unlock said gates at conclusion of City usage time. i. Maintain tennis courts and restrooms consistent with City park standards during times of City use. 8. Indemnification a. City agrees to defend, indemnify, protect and hold harmless the District, ks officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the City's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the District. b. District agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the District's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, or which may arise from the ownership of the Property, excepting only liability arising out of the sole negligence of the City. 9. Defaults and Remedies a. Subject to the extensions of time set approved in writing by a party, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default (claimant) shall give written notice of default to the other party, specifying the default complained of. b. The claimant shall not institute proceedings against the other party nor be entitled to damages if the other party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice. Such cure, correction and remedy shall include payment of any costs, expenses (including attorney fees) or damages incurred by the non-defaulting party resulting from the default or during the period of default. c. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such fights or remedies shall not preclude the exercise by it, at the same or different times, of any other fights or remedies for the same default or any other default by the other party. d. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such fights or remedies, or deprive either such party of its fight to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such fights or remedies. e. If a default is not fully cured by the defaulting party as provided in this Paragraph, the defaulting party shall be liable to the other party for any damages caused by such default, and the nondefaulting party may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default. f. If a default under this Agreement is not fully cured by the defaulting party as provided in this Paragraph, the nondefaulting party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. g. In the event litigation is filed by one party against the other to enforce its fights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. Termination of Agreement. Either party may terminate this Agreement for any reason upon written notice of one year to the other party; provided however that in the event that District terminates this Agreement during the initial term of the Agreement, District shall pay to the City a Termination Fee as defined in this Paragraph. The R:tRUSEPICONTRACI~ITENNIS, TVH Termination Fee shall be one twentieth of the amount of the actual costs incurred by the City to construct and install the Improvements described in Paragraph 5 of this Agreement times the number of years remaining in the initial term of this Agreement plus simple interest on such amount from the date the improvements were completed at the rate of six percent (6%) per annum (1/20 of Costs x years remaining in initial term at 6% interest). In the event the City terminates this Agreement pursuant to this Paragraph, the parties acknowledge and agree that District shall own the Improvements. 11. Force Maj eure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Lease to be performed by either District or City is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment by a party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 12. Notices to Parties Written notices, demands and communications among the District and City, shall be sufficiently given by either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mall, eertified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: District: Temecula Valley Unified School District 3 1350 Rancho Vista Road Temecula, Caiifomia 92592 Attention: Superintendent City: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, Califomia 92589-9033 Attention: City Manager 13. Agreement Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of the successors and lawful assigns of the parties hereto. 14. Assignment. Neither Party shall assign or transfer this Agreement or any portion thereof without the prior written consent of the other party, which consent shall R:tRUSEpICONTRACTI1TENNIS. TVH not be unreasonably withheld; provided however that City may assign this Agreement to the Temecula Community Services District without the consent of the District. 15. Sole and Only Agreement. This Agreement constitutes the sole and only agreement between District and City respecting the joint use of the Property for school and park purposes. Any agreements or representations, either oral or written, respecting the Property or any other matter discussed in this Agreement not expressly set forth in this Agreement are null and void. 16. Time of E~sence. Time is expressly declared to be of the essence of this Lease. 17. Authority to Execute. Each party hereto expressly warrants and represents that he or she has the authority to execute this Agreement on behalf of his or her governmental entity and warrants and represents that he or she has the authority to bind his or her entity to the performance of its obligations hereunder. ///// IIIII IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT President of Governing Board Attest: Secretary to the Governing Board CITY OF TEMECULA Ron Robe~s Mayor Attest: Susan W. Jones, CMC Acting City Clerk Approved as to form: RARUSEpICONIRACTXlTENNIS. TVH Peter M. Thorson City Attorney EXHIBIT A MAP OF PROPERTY .J. · / ITEM NO. 4 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Community Services Commission Herman D. Parker, Acting Director of Community Services July 13, 1998 Cultural Arts Master Plan Project Committee PREPARED BY: 0~ Gall L, Zigler, Administrative Secretary RECOMMENDATION: That the Community Services Commission: Appoint one Commissioner to serve on the Cultural Arts Master Plan Project Committee. DISCUSSION: At the June 8, 1998, Community Services Commission meeting Commissioner Jeff Nimeshein was appointed to serve on the project committee for the Temecula Library Project. Commissioner Nimeshein, who had been appointed to the Cultural Arts Master Ran project committee, accepted the appointment to the Library Project Committee and recommended another Commissioner replace him on the Cultural Arts Master Plan Project Committee. ITEM NO. 5 The City of Temecula Community Services Department wishes to recognize Shawn D. Nelson The First Director of the City of Temecula Community Services Department 1990-1998 For his commitment to enhancing the quality of life for the citizens of Temecula. Under Shawn's leadership, the City of Temecula has grown from two parks upon incorporation in 1990 to eighteen parks and three community centers in 1998. As an employee of the City and a resident of the community, Shawn's tree love for Temecula has made this community a better place to live. The City of Temecula will always be grateful for his strong leadership. ITEM NO. 6 CITY OF TEMECULA AGENDA REPORT TO: FROM: Community Services Commission ,.~Herman D. Parker, Director of Community Services DATE: July 13, 1998 SUBJECT: Cancellation of the August 1998 Community Services Commission Meeting PREPARED BY: 0~ Gall Zigler, Administrative Secretary RECOMMENDATION: That the Community Services Commission cancel the regularily scheduled meeting for August 1998 and resume meeting in September 1998. DISCUSSION: In the past, the Community Services Commission has cancelled the regularily scheduled August meeting due to a conflict with staff and Commissioner vacation schedules. Additionally, the Community Services Commission will be attending the annual League of California Cities Conference in late August.