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HomeMy WebLinkAbout110998 CSC AgendaAGENDA TEMECULA COMMUNITY SERVICES COMMISSION TO BE HELD AT TEMECULA CITY HALL MONDAY, NOVEMBER 9, 1998 7:00 P.M. CALL TO ORDER: FLAG SALUTE: ROLL CALL: PRESENTATIONS: Chairman Tom Edwerds Commissioner Miller Hertz, Meyler, Miller, Nimeshein, Edwards Mario Munoz, City of Temecula Community Services Department 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. R:\CSCAGEND\II0998.doc COMMUNITY SERVICES COMMISSION NOVEMBER 9, 1998 DIVISION REPORTS COMMISSION BUSINESS Aooroval of the Minutes RECOMMENDATION: 1.1 Approve the minutes of the October 12, 1998 Community Services Commission meeting. Election of Cheiroerson and Vice Cheiroerson - Community Services Commission RECOMMENDATION: 2.1 Elect e member from the Community Service Commission to serve as Chairperson from November 1, 1998 to October 31, 1999. 2.2 Elect a member from the Community Services Commission to serve as Vice Chairperson from November 1, 1998 to October 31, 1999. Cox PCS Assets, L.L.C. Ground Lease Agreement at Paloma dei Sol Park RECOMMENDATION: 3.1 That the Community Service Commission approve the lease agreement between the Temecula Community Service District (TCSD} and Cox PCS Assets, L.L.C. for the installation, operation and maintenance of a wireless Personal Communications Services (PCS) facility at Peioma del Sol Park. Temeku Hills Park Recommendations RECOMMENDATION: That the Community Services Commission receive and file the recommendations of the Temecula Community Services District Board of Directors sub-committee regarding the Temeku Hills Park, as follows: 4.1 Construct Temeku Hills Park as specified in the Specific Plan, without ball field lighting. 4.2 Identify possible sites for a large sports complex. R:\CSCAGEND\110998 .doc COMMUNITY SERVICES COMMISSION NOVEMBER 9, 1998 m 4,3 Explore with the developer the feasibility of completing construction of Meadows Parkway as soon as possible. 4.4 Approve, in substantial form, final form to be approved by City Manager and City Attorney, Implementation Agreement No. I to Development Agreement between City of Temecula and Temeku Hills Development Partners, L.P. and UDC Homes, Inc. (Specific Plan No. 199, Margarita Village), providing for the developer to provide $150,000 toward the installation of ballfield lighting at another public park within the City of Temecula. Temecula Museum Proiect Exhibit Desion Committee RECOMMENDATION: 5.1 That the Community Services Commission appoints one member to serve on the Temecula Museum Project Exhibit Deign Committee. 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, December 14, 1998, 7:00 P.M., at Temecula City Hall, 43200 Business Park Drive, Temecula, California. R:\CSCAGEND\l10998.doc ITEM NO. I MINUTES OF A REGULAR MEET1NG OF THE CITY OF TEMECULA COMMUNITY SERVICES COMMISSION MONDAY, OCTOBER 12, 1998 A regular meeting of the City of Temecula Community Services Commission was held on Monday, October 12, 1998, 7:00 P.M. at the Temecuh City Hall, 43200 Business Park Drive, Temecula, California. The meeting was called to order by Commissioner Tom Edwards. PRESENT: 5 COMMISSIONERS: Itenz, Meyler, Miller, Nimeshein, Edwards ABSENT: 0 COMMISSIONERS: None Also present were Director H~rman Parker, Deputy Director Phyllis Ruse, Maintenance Superintendent Kevin Haffington, Recreation Superintendent Julie Pelletier and Administrative Secretary Gail Ziglet. PRESENTATIONS The Community Services Commission presented a Certification of Appreciation to the follow'rag: Eagle Scout Robbie Slater Sign Xpress Members of Explorer Post 884 Jenni Huter, City of Temecula Employee Chairman Edwarcls declared a recess at 7:07 P.M. The meeting reconvened at 7:10 P.M. PUBLIC COMMENT None DIVISION REPORTS Maintenance Superintendent Kevni Haffington reported on the following Maintenance Division projects: Staff cleared and re-established a flow line in the channel at Rancho California Sports Park. Kent Hintergardt trash receptacles were replaced. The Temecula Elementary School Pool heater was rebuilt. Staff located and arranged for the emptying of the septic tank at the Rancho Vista Field. Responded to 60 Service Order Requests from various City departments. R:XMINUTES\I01298.doc - 1 - Repaired the lattice at Sam Hicks Monument Park. Due to the continuous vandalism to the lattice, staff is looking at replacing the fencing with wrought iron fencing. Removed an unsafe shade structure at Ranch Vista Tot Lot. Repaired erosion and washouts along the banks of the channel at Rancho California Sports Pa~k. Recreation Superintendent Julie Pellctier reported the following: Summer Day Camp and swim programs have concluded. Fall swim lesson program is nearing conclusion, Staff is preparing for the following upcoming holiday events: Halloween Spoo~uL~r - Target l~s donated flashlights and Halloween Treat Bags to be handed out to the first 800 kids who attend this event. Electric Light Parade will be held on December 3, 1998. Holiday Lights and Festive Sights will be held on December 9 and December 10 Winter Wonderland and Breakfast with Santa on December 12 Commissioner Miller asked the status of the Skate Park Competition. Recreation Superintendent Julie Pelletier nported that entries to the event were low and therefore staff decided to cancel the event and focus on ways to increase participatinn in the event. Another event will be scheduled at a later date. Commissioner Miller asked what the current attendance is at the Temecula Skate Park. Director Parker reported that attendance is down from the first year, however several other cities have buik skate parks since the Temecula Skate Park has opened and staff feels this is the cause for the decline in attendance at the City' s facility. COMMISSION BUSINESS 1. ADoroyal of the Minutes It was moved by Commissioner Hertz, seconded by Commissioner Meyler to approve the minutes of the September 14, 1998 Commission meeting. The motion was canied as follows: AYES: 5 COMMISSIONERS: NOES: 0 ABSENT: 0 COMMISSIONERS: COMMISSIONERS: Hertz, Meyler, Miller, Nimeshcin, Edwards None None R:XMINUTEg\I01298.doc - 2 - 2. Tot Lot Insnection Protram Maintenance Superintendent Kevin Harrington provided an overview of the Tot Lot Inspection Program. Commissioner Henz asked if the City has experienced any lawsuits as a result of tot lot equipment being worn or broken. Maintenance Superintendent Kevin Harrington reported there has been no lawsuits as a result of damaged or broken equipment. He said the tot lot inspection program is a very good prngmm. This ~port was receive and file. 3. CIP Undate Deputy Director Phyllis Ruse presented the staff report. Commissioner Miller asked for a description of the Rotary Park Improvements. Phyllis explained the improvements include a small picnic shelter with two picnic tables and split raft fencing along the back of the park property. Commissioner Hertz asked for a status on the Cultural Arts Master Plan project cnmmittee. Commissioner Meyler provided an update of the committee's progress. Director Parker said the consultant should be subrnitting a draft of the plan within the week. Commissioner Henz asked for a slatus of the Library Design Committee. Conunissioner Nimeshein provided an update of the committee's profess. Chairman Edwards asked about the timing of the Duck Pond Phase II Construction Project. Deputy Director Ruse said staff anticipates the award of contract to be approved by the City Council on October 13, 1998. She said the pre-~on meeting would be held within 30 days, the construction period would last approximately six months, followed by a 90-<lay maintenance period. This report was receive and file. Community Services Director's Renort Director Parker provided a status report on Temeku Hills Park site as follows: A sub-committee meeting was held on October 8, 1998. Council Members Jeff Stone and Karel Lindemans were in attendance as well as several members of staff and the developer. Members of the public were present to state their support or lack of support for the project. Most appeared to be in favor of the park site without lights. A petition containing 240 signatures was submitted against the lighting of the park site. A petition containing 140 signatures was submitted in favor of lighting the park site. The Council will look at the feasibility of completing Meadows Parkway, La Serena and Rancho California Road. StaffhasbeendiscussingthemuseumprojectwiththcCityCotmcil. Staffwill probably proceed with a recomraendation to complete construction of the museum facility and a recommendation for the museum organization to operate the facility. The City is currently proceeding with the recruitment for the Development Services Administrator position. Community Services Commissioner's Reoort Commissioner Miller advised he artended the September 11, 1998 anniversary celebration for the Mary Phillips Senior Center. Commissioner Miller said he artended the Sunday in the Park programs during the month of August and he would like to see this program continued and expanded to the Temecufa Community Center. Commissioner Miller recommended '~qo Smoking" signs bc installed in the amphitheater. Commissioner Henz asked if the City should look at developing the Northwest Sports Complex. Director Parker advised the Commission there are a lot of issues related to the Northwest Sports Complex site. He said staff would look at that site during the CIP process. Commissioner Meyler asked about installing a sign at the Duck Pond to announce upcoming events. Director Parker advised that the City Council has given strict orders that no advertising signs are to be installed at the Temecula Duck Pond. Commissioner Edwards said he agrees that communicating special events to the community needs to be improved. Commissioner Nimeshein asked if the Commission needs to address smoking in park sites, facilities, etc. Director Parker said quite some time ago staff did a lot of research on what other City's were doing in relation to smoking at paxks and facilities. Commissioner Nimeshein said the Commission recommended there be no smoking a City parks and facilities and the City Council came back with a recommendaflon of no smoking within 25 feet of parks and facilities. R:MMINUTES\101298.do~ -4- Director Parkor said staff could bring this item back at a later date for the Commission to discuss. Adiournment Chairman Edwards declared the meeting adjourned at 8:30 p.m. Chairman Tom Edwards S~r~xy ITEM NO. 2 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Community Services Commission  .erman D. Parker, Director of Community Services November 9, 1998 ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON - COMMUNITY SERVICES COMMISSION PREPARED BY: Gail Zigler, Administrative Secretary RECOMMENDATION: That the Community Services Commission: 1. Elect a member from the Community Services Commission to serve as Chairperson from November 1, 1998 to October 31, 1999. 2. Elect a member from the Community Services Commission to serve as Vice Chairperson from November 1, 1998 to October 31, 1999. DISCUSSION: The term of Chairperson and Vice Chairperson for the Community Services Commission is for one (1) year beginning November 1 and ending October 31 of any given year. Therefore, it is necessary for the Commission to select two members to serve as Chairperson and Vice Chairperson for the upcoming new term. ITEM NO. 3 TO; FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Community Services Commission ,~erman Parker, Director of Community Services November 9, 1998 Cox PCS Assets, L.L.C. Ground Lease Agreement at Paloma del Sol Park PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Community Services Commission approve the lease agreement between the Temecula Community Services District (TCSD) and Cox PCS Assets, L.L.C, for the installation, operation and maintenance of a wireless Personal Communications Services (PCS) facility at Paloma del Sol Park. BACKGROUND: Cox PCS Assets, L.L.C. (Cox Communications) has negotiated with the TCSD to enter into a ground lease agreement for the installation of a wireless Personal Communications Services (PCS) facility at Paloma del Sol Park. The construction will include the installation of four panel antennas on an existing 80 foot ball field light pole, installation of a new 80 foot pole with eight panel antennas, and six cabinets housing appurtenant equipment. The cabinets will be installed on an approximately 12' X 30' concrete pad which will be screened by a 6 foot high chain link fence with vinyl screen slats. The fence will be buffered with scrubs to soften its look and be aesthetically pleasing. Cox will be responsible for the repair of any landscape or irrigation that is disturbed as a result of their construction or maintenance of their equipment. Cox Communications has or is in the process of entering into similar lease agreements with other southern California cities. The proposed lease is for a term of five years with three five year renewals. Cox will pay a lease amount of ~12,000 per year to the TCSD. This revenue will be used to offset operations and maintenance costs of the City park system. Staff has worked with Cox Communications and their representative, TDI, Inc., in the drafting of the lease agreement and the approval of the plans. Cox Communications has received a conditional use permit through a Planning Director's Hearing for the installation and operations of the PCS facility. The conditional use permit is subject to the approved plans and lease agreement with the TCSD. The lease agreement is structured in such a way that construction and maintenance of the facilities will not impact the ball fields nor disturb play on the fields. The construction area is in the northeast corner of the park and outside of the foul line. Cox will be responsible for the installation of temporary construction fencing to protect their construction site and potential visitors to the park. Attachment: Ground Lease Agreement tlTEMEC_FS2OI~DATA~DEPTSICSDtRUSEFMGENDAS~COX COMMUNICATIONS LEASE-CSCDOC COMMUNICATIONS SITE GROUND LEASE AGREEMENT This COMMUNICATIONS SITE GROUND LEASE AGREEMENT ("Lease") is entered into between COX PCS ASSETS, L.L.C., a Delaware limited liability. company ("Lessee"), wholly owned by Cox Communications PCS. L.P.. a Delaware limited partnership {"Cox L.P."). and CITY OF TEMECULA, a body corporate and politic ("Lessor"). The parties hereto agree as folloxvs: I. Premises. Lessor owns the real property described in Attachment I commonly known as Paloma Del Sol Park located in the City of Temecula. California, APN 950-020-037 CLessor's Property"). Subject to the following terms and conditions, Lessor leases to Lessee and Lessee leases from Lessor that portion of Lessor's Proper~, depicted in Attachment 2, and any applicable easements for access and utilities (the "Premises"). The precise location of the Premises shall be as delineated on the plans Lessor approves under Section 5(b) below. Such approved plans shall control to describe the Premises in the event of any discrepancy between the delineation of the Premises on the plans and on Attachment 2. 2. Us__.~e. ta) Lessee shall have the right to use the Premises for providing communication setvices. including but not limited to the transmission and reception of radio communication signals on various frequencies. Such use includes Lessee's right to install, construct. operate, maintain. repair. replace and secure Lessee's Facility. "Lessee's Facility" means Lessee's communications equipment installed on the Premises. including antennas, antenna support structures. poles, dishes or masts, radio frequency transmitting and receiving equipment, primary, back-up and temporary power units, interconnection equipment. equipment cabinets, cabling, wiring, lines. conduits, pipes and accessories, as the same may be modified, added to, substituted and/or reconfigured from time to time. (b) Lessee shall at all times comply with all applicable laws, codes, rules and regulations relating to Lessee's use of the Premises and conduct of Lessee's business at the Premises. 3. Term. (a) The term of this Lease ("Term") shall be five (5) years commencing on the first to occur of (i) the date Lessee commences construction of Lessee's Facility (other than minor site preparation) or (ii) 6 months after the date of this Lease set forth above the signatures to this Lease ("Commencement Date"). Lessee shall give wrinen notice to Lessor upon commencement of construction. (b) Lessee shall have the right to extend the Term for three (3) additional periods of five years each (a "Renewal Term"). Each Renewal Term shall be on the same terms and conditions as set forth in this Lease. This Lease shall automatically be extended for each Renewal Term unless Lessee notifies Lessor in writing of Lessee's intention not to extend this Lease at least 90 days prior to expiration of the Term or the then-existing Renewal Term. as the case may be. (c) Until and unless terminated by either party by giving the other party, at least 90 days before the expiration of this Lease or the end of the then current additional annual period, written notice that no further extensions shall occur under this provision, this Lease shall continue in force upon the same term and conditions tbr a further period of one year and for like annual periods thereafter (d) Notwithstanding any contrary provisions of this Section 3, in no event shall the Term, Renewal Terms and automatic annual extensions of this Lease exceed a total of 33 years. LA\962070050 Version 1/7/98 Page 1 Site No. RIO60 (B) 4. Rent. (a) The annual rent for the Premises ("Annual Rent") initially shall be Twelve Thousand Dollars ($12,000.00). Annual Rent shall be payable in equal monthly installments. in advance. on the first day of each month beginning on the Commencement Date. If the Commencement Date occurs on a date other than the first day of a month. and/or if the Term or final Renewal Term ends on a date other than the last day of a month, the monthly installment of Annual Rent shall be promted for each such partial month. Annual Rent shall be payable to Lessor at its address specified at the end of this Lease. or as Lessor may otherwise direct from time to time in writing at least 30 days prior to any rent payment date. (b) The Annual Rent shall be adjusted on the first day of the month in which each anniversary of the Commencement Date occurs throughout the Term and each Renewal Term by multiplying the initial Annual Rent by a fraction the numerator of which is the Index (defined below) published most recently before the month in which the adjustment occurs and the denominator of which is the Index published most recently before the month in which the Commencement Date occurs. "Index" means the United States Department of Labor, Bureau of Labor Statistics CBureau') Consumer Price Index (base year 1982-84 = 100) for Urban Wage Earners and Clerical Workers for the metropolitan area in which Lessor's Property is located (all itemsL If the Index is changed so that the base year differs from that set forth above, the Index shall be converted in accordance with the conversion factor published by the Bureau. If the Index is discontinued or changed so that it is not practical to obtain a continuous measurement of price changes, the Index shall be replaced by a comparable governmental index. Notwithstanding the foregoing, Annual Rent shall increase by a minimum of three percent (3%) of the amount of Annual Rent for the immediately preceding 12 month period. 5. Improvement; Access. (a) Lessee shall have the right (but not the obligation) at any time follo;ving the full execution of this Lease and prior to the Commencement Date to enter Lessor's Property for the purpose of making inspections and engineering surveys (and soil tests where applicable) and other tests to determine the suitability of the Premises for Lessee's Facility and to prepare for the construction of Lessee's Facility. Lessee shall repair any damage to Lessor's Property caused by such entering. (b) The final plans and precise location of the Premises and Lesse(s Facility shall be subject to the prior written approval of Lessor, which may be given by initialing and returning to Lessee a copy of the final plans. (c) Lessee has the right to do all work necessary at its sole cost to prepare, add, maintain and alter the Premises for Lessee's Facility and to install utility lines and transmission lines connecting antennas, transmitters. receivers and other equipment, All of Lessee's construction, installation and maintenance work shall be performed at Lessee's sole cost and expense by licensed and bondable contractors in a good and workmanlike manner. Work performed on Lessee's Facility during the construction and maintenance periods shall be outside the adjacent field of play (as shown on Attachment 2. A-l) unless prior written consent has been obtained by the Community Services Department. During the construction period, Lessee shall provide temporary chain-link fencing similar to the existing six (6) foot high chain-link fencing that separates the landscape area from the field of play (as shown on Attachment 2, A-l). Lessor shall not have any responsibility to maintain the Premises. (d) Lessor shall provide access to Lessee, Lessee's employees, agents. contractors and subcontractors over and through Lcssor's Property to the Premises 24 hours a day, seven days a week, at no charge to Lessee. Lessor hereby grants to Lessee such rights of ingress and egress over Lesanr's Property as may be necessary and consistent with the authorized use of the Promises. Subject to Lessor's reasonable roles, Lessor shall permit Lessee's employees, agents, contractors, subcontractors and invitees to park vehicles on Lessor's Property as necessary and consistent with the authorized use of the Promises. Lessor shall, at its expense, maintain all access roadways or driveways from the nearest public roadway to the Premises in a manner sufficient to allow access. (e) Lessee shall have the right to install utilities (including emergency or back-up battery or transportable generator power), at Lessee's expense, and to improve the present utilities on or near the Premises. Subject to Lessor's approval of the location, Lessee shall have the right to place utilities on (or to bring utilities across) Lessor's Property in order to service the Premises and Lessee's Facility. Upon Lessee's request, Lessor shall execute and record easement(s) evidencing this right. (f) Lessee's rights of access and to install utilities under this Section 5 include, but are not limited to, the right to install, maintain and service telephone lines connecting the base station of Lessee's Facility and the minimum point of entry (MPOE) or other point of presence of the telephone service provider at Lessor's Property. Page 2 LA\962070050 Version 1/7/98 Site No. RI060 (B) 6. Interference with Communications. (a) Lessee's Facility shall not disturb or interfere with the communications equipment and uses which exist on Lcssor's Property on the date this Lease is fully executed CPre-existing Communications Facilities!'): and Lessee's Facility shall comply with all non-interference rules of the Federal Communications Commission. (b) Lessor shall not use or permit the use of any portion of Lessor's Property in a way which interferes with the communications operations of Lessee's Facility. Lessor shall take prompt action to terminate any interference with Lessee's communications operations that Lessor has the right to terminate, and shall cooperate with Lessee to obtain the termination of any interference with Lessee's communications operations that is beyond the control of Lessor. The parties acknowledge that continuing interference will cause irreparable injury. to Lessee, and therefore Lessee shall have the right to bring an action against the interfering party to enjoin such interference. Pre-existing Communications Facilities configured and operating in the same manner and at the same frequency as on the date this Lease is fully executed shall not be subject to this subsection (b). (c) If Lessor receives any request to locate any communications transmitting equipment on Lessor's Property from any third party (a "Carrier"), Lessor shall include in the lease, license or other agreement with the Carrier a provision prohibiting the Carrier from interfering with the communications operations of Lessee's Facility and requiring the Carrier to comply with all the provisions set forth in the "Technical Requirements for Third Party Collocation" attached to this Lease as Attachment 3 in designing, locating and operating its transmitting equipment and in reconfiguring or changing the frequency or operation of such equipment. 7. Taxes. Utilities and Maintenance. (a) If for any reason Lesse(s Facility is assessed for tax purposes as part of Lessor's Property, Lessee shall reimburse Lessor any increase in Lessor's real property taxes attributable to the value or cost of Lessee's Facility. Reimbursement shall be due 30 days following Lessee's receipt of a written request and reasonable evidence of the increase. Lessee recognizes and understands that this Lease may create a possessory interest subject to taxes levied upon such interest, and agrees to pay any taxes levied on the possessory interest. (b) Lessee shall fully and promptly pay for all utilities furnished to the Premises for the use~ operation and maintenance of Lessee's Facility, If practicable, Lessee shall install at Lessee's expense a separate electric meter and pay for electricity directly. (c) Lessee shall maintain the Premises and Lessee's Facility thereon throughout the Term and all Renewal Terms in good condition, ordinary wear and tear excepted. Lessee shall not be required to make any repairs to Lessor's Property, except as stated in Section 10 below and except for damage to Lessor's Property caused by Lessee, its employees, agents, contractors, subcontractors, subtenants or invitees. 8. Termination. (a) This Lease may be terminated by Lessee on 30 days prior written notice to Lessor (or any shorter notice expressly set forth belowl, if: (i) Lessee delivers to Lessor such 30-day written notice at any time prior to the Commencement Date, for any reason or no reason; (ii) Lessee determines at any time after the Commencement Date that any governmental or non- governmental license. permit, consent. approval. easement or restriction waiver that is necessary to enable Lessee or Cox L.P. to install and operate Lessee's Facility cannot be obtained or renewed at acceptable expense or in an acceptable time period; (iii) Lessee determines at any time after the Commencement Date that the Premises are not appropriate or suitable for its or Cox L.P.'s operations for: LA\ 962070050 Version 1/7/98 (A) environmental or technological reasons, including without limitation those resulting from, any ruling or directive of the FCC or other governmental or regulatory agency, or problems with signal strength or interference not encompassed by subsection liv) below; provided that the right Page 3 Site No. RI060 (B) to terminate under this subsection (iii)(A) is exercisable only if Lessee pays Lessor as a termination fee the lesser of six monthly installments of Annual Rent or the balance of the Annual Rent due for the remaining term of this Lease; or (B) economic reasons. including without limitation. those resulting from any ruling or directive of the FCC or other governmental or regulatory agency, or problems with signal strength or interference not encompassed by subsection (iv) below; provided that the right to terminate under this subsection (iii) (B) is exercisable only if Lessee pays Lessor as a termination fee the lesser of twelve monthly installments of Annual Rent or the balance of the Annual Rent due for the remaining term of this Lease: (iv) Any Pre-existing Communications Facilities, or any communications facilities or other structures of any kind now or hereafter located on or in the vicinity of Lessor's Property, interfere with Lessee's Facility and Lessee is unable to correct such interference through reasonably feasible means; (v) Lessor commits a default under this Lease (other than under Section 5 or Section 6) and fails to cure such default within the 30-day notice period, provided that if the period to diligently cure takes longer than 30 days and Lessor commences to cure the default within the 30-day notice period, then Lessor shall have such additional time as shall be reasonably necessary to diligently effect a complete cure: or Lessor commits a default under Section 5 or Section 6 and fails to cure such default within five (rather than 30) days after receiving written notice of such default; or (vi) Lessee's Facility is totally or partially destroyed by fire or other casualty at any time during the last one year of the Term or any Renewal Term so as to make Lessee's or Cox L.P.'s continued operation of Lessee's Facility commercially unreasonable. (b) This Lease may be terminated by Lessor if Lessee commits a default under this Lease and fails to cure such default within (i) ten business days after Lessee receives written notice of the default, where the default is a failure to pay rent when due. or (ii) 30 days after Lessee receives written notice of any other default and fails to cure such default, provided that if the period to cure takes longer than 30 days and Lessee commences to cure the default within the 30-day notice period, then Lessee shall have such additional time as shall be reasonably necessary to diligently effect a complete cure. (c) Upon termination, neither party shall have any further rights, obligations or liabilities to the other except: (i) with respect to provisions of this Lease which by their sense and context survive termination; (ii) where termination is by reason of breach or default of the other party; and {iii) with respect to the rights and remedies of the parties relating to the period prior to termination. 9. Destruction or Condemnation. (a) If the Premises or Lessor's Properly is damaged or destroyed so as, in Lessee's judgment. to hinder Lessee's or Cox L.P.'s normal operations, Annual Rent shall abate in proportion to such interference from the date such damage or destruction occurs until Lessee or Cox L.P. is able to commence normal operations. (b) Lessor and Lessee waive any statutory rights to terminate this Lease on account of damage or destruction. (c) If the whole of the Premises, or any portion thereof which, in Lessee's judgment. renders the balance of the Premises unsuitable for Lessee's or Cox L,P.'s normal operations. are taken by any public or quasi-public authority by condemnation, or sold under throat or in lieu of any such taking, whether separately or as part of Lessor's Property, this Lease shall terminate as of the date possession is delivered to the condemning authority. Lessee shall have the right to participate in all condemnation proceedings and/or negotiations regarding the Premises; the award shall belong to a0d be paid to Lessor. except that Lessee shall receive from the award the following: (i) a sum attributable to Lassee's Facility which Lessee has the right to remove from the Premises pursuant to the provisions of this Lease but elects not to remove or, if Lessee elects to remove any such Lessee's Facility a sum for reasonable removal and relocation costs not to exceed the market value of such Lessee's Facility: and (ii) a sum paid to Lessee by the condemnor for loss of goodwill. 10. Title to and Removal of Lessee's Facility. Title to Lessee's Facility and any equipment placed on the Premises by Lessee shall be held solely by Lessee or Cox L.P. All of Lessee's Facility shall remain the personal property of Page 4 LA\962070050 Version 1/7/98 Site No. RI060 (B) Lessee or Cox L.P. and shall not be treated as real property or become a part of Lessor's Property even though affixed thereto. Lessee has the right and obligation at its sole expense to remove all of LesseeIs Facility on or before the expiration of this Lease or within 60 days after any earlier termination of this Lease. Lessee shall be obligated to remove underground installations or below grade support footings or pads to two (2) feet below grade level. Lessee shall repair any damage to Lessor's Property caused by such removal and restore the Premises to good condition. less ordinary wear and tear. I 1. Insurance. During the Term and any Renewal Term, and thereafter until the removals required under Section 10 are complete. and prior to the Commencement Date if Lessee enters Lessor's Properly under Section 5(a), Lessee shall maintain, at its expense, commercial general liability insurance. naming Lessor as an additional insured. providing coverage of $1,000,000 (subject to such increases as Lessor may masonably require) per occurrence for bodily injury and property damage. 12. Indemnification: Waiver of Subrogation. (a) Lessee shall defend. indemnify, hold and save Lessor and Lessor's officers, agents, employees. members and managers harmless from and against any and all loss, costs, liability or damage (including reasonable attorney's fees and court costs) arising by reason of the willful misconduct or negligence of Lessee or Lesse(s officers. agents, or employees in connection with the Premises. (b) Lessor shall defend, indemnify. hold and save Lessee and Lessee's officers, agents, employees, members and managers harmless from and against any and all loss, costs. liability or damage (including reasonable attorney's fees and court costs) arising by mason of the willful misconduct or negligence of Lessor or Lessor's officers. agents, or employees in connection with Lessor's Property. (c) Notwithstanding any contrary provision of this Lease. each party hereby waives any right to recover from the other party or other party's partners. members, managers, affiliates, agents and employees any loss or damage resulting from any cause or hazard to the extent the loss or damage is covered by property insurance carried by the party suffering loss or damage, including any loss or damage resulting from loss of the use of any property and provided that at the time of loss the property insurers for both parties have waived rights of subrogation. These waivers shall apply between the parties and to any property insurer claiming under or through either party as a result of any asserted right of subrogation, unless any properly insurer has not waived its right of subrogation (in which case these waivers shall have no effect). Lessor and Lessee each shall use diligent efforts to cause its respective property insurer to include in the insurance policy an endorsement or clause waiving the insurer's rights of subrogation against Lessee and Lessor, respectively. 13. Title: Quiet Eniovment: Subordination. (a) Lessor warrants that (i) it owns good and sufficient title to and interest in Lessor's Properly, I ii) there are no liens, encumbrances, covenants, restrictions or judgments affecting Lessor's Properly which impede or adversely affect Lessee's intended use of the Premises, (iii) Lessor has full right, power and authority to execute. deliver and perform this Lease and (iv) so long as Lessee is not in material default under this Lease, Lessee shall have undisturbed, quiet and peaceful use and enjoyment of the Premises throughout the Term and any Renewal Term. (b) Lessor shall use its best efforts to obtain from each holder of any underlying lease, mortgage, land contract, deed of trust or other existing lien rights affecting the Premises with priority over this Lease, a recordable agreement, in form reasonably acceptable to Lessee, to recognize and not disturb this Lease and Lessee's right to possession. use and enjoyment hereunder so long as Lessee is not in default. At the option of LessoL this Lease may be subordinated to any future underlying lease, mortgage, deed of trust or lien affecting the Premises, and to any renewal. modification or replacement thereof, provided that the holder thereof executes and delivers a recordable non-disturbance agreement in form masonably acceptable to Lessee, 14. Environmental. Lessor represents that to the best of its knowledge the Premises and Lessor's Property have not been used for the generation, storage, treatment or disposal of Hazardous Materials. In addition, Lessor represents that to the best of its knowledge no Hazardous Materials or underground storage tanks are located on or near the Premises or Lessor's Property. Notwithstanding any other provision of this Lease, Lessee relies upon the representations stated herein as a material inducement for entering into this Lease. During the Term and any Renewal Term. Lessor shall handle, store and dispose of alI Hazardous Materials it brings onto Lassor's Property in accordance with all federal state and local laws and regulations and shall impose on any lessee, licensee or other party using any portion of Lessor's Property the same obligatiom Lessee shall not bring any Hazardous Materials onto the Premises except for those contained in its back-up power batteries (e.g. lead-acid Page 5 LA\962070050 Version 1/7/98 Site No, RI060 (B) batteries) and properly stored. reasonable quantities of common materials used in telecommunications operations (e.g. cleaning solvents). Lessee shall handle, store and dispose of all Hazardous Materials it brings onto the Premises in accordance with all federal. state and local laws and regulations. "Hazardous Materials" means any substance, chemical, pollutant or waste that is presently identified as hazardous. toxic or dangerous under any applicable federal, state or local law or regulation and specifically includes but is not limited to asbestos and asbestos containing materials. polychlorinated biphenylls (PCBs) and petroleum or other fuels (including crude oil or any fraction or derivative thereof). 15. Resolution of Disputes. (a) Except for unlawful detainer actions and as set forth in subsection (c) below, all controversies arising out of or relating to this Lease or any related instruments shall be resolved by submission to final and binding arbitration at the offices of JAMS/Endispute ("JAMS") in the county in which Lessor's Property is located. Such arbitration shall be conducted in accordance with the then most recent version of the JAMS Rules of Practice and Procedure for the Arbitration of Commemial Disputes ("JAMS Rules") before a single arbitrator selected according to the JAMS Rules. The final decision of the arbitrator shall be binding on the parties and shall not be subject to appellate review. (b) The aggrieved parW shall initiate arbitration by sending written notice of its intention to arbitrate to the other party to this Lease and to JAMS. Such notice shall contain a description of the dispute. the amount in controversy, and the remedy sought. The parties shall execute any and all documents and statements required by JAMS for the arbitration or settlement of the dispute in accordance with the JAMS Rules. In no event shall any demand for arbitration be made after the date when institution of a legal or equitable proceeding based on such claim would be barred by the applicable statute of limitations. (c) Notwithstanding any provision of this Section 15 to the contrary, Lessor and Lessee shall be entitled to obtain immediate equitable relief, such as by temporary restraining order and injunction. in state or federal court to prevent any violation of any of the covenants, conditions or provisions contained in this Lease. (d) The arbitrator shall have no right or power to award punitive damages, or to award any relief that could not be awarded by a court or other tribunal of competent jurisdiction, but shall have the right and power to award costs and expenses, including but not limited to attorneys' fees, pursuant to Section 16(1). 16. Miscellaneous. (a) If any provision of this Lease, the deletion or modification of which would not adversely affect the receipt of any material benefit by either party, is declared by a court of competent jurisdiction (or by an arbitrator) to be invalid or unenforceable, then the remainder of this Lease shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law. In lieu of each provision of this Lease that is invalid or unenforceable, there shall be added as part of this Lease an enforceable provision as similar in terms to such invalid or unenforceable provision as possible. (b) This Lease shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (c) Any notice or demand required herein shall be given personally, by certified or registered mail, postage prepaid, return receipt requested. by confirmed fax, or by reliable overnight courier to the address of the respective parties set forth on the signature page. Any notice served personally shall be deemed delivemd upon mceiph served by facsimile transmission shall be deemed delivered on the date of receipt as shown on the received facsimile, and served by certified or registered mail or by reliable overnight courier shall be deemed delivered on the date of receipt as shown on the addressee's registry or certification of receipt or on the date receipt is refused as shown on the records or manifest of the U.S. Postal Service or such courier. Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. (d) Unless otherwise specified herein. where either Lessor or Lessee is required to obtain the consent or approval of the other party, such consent shall not be unreasonably withheld or delayed and, unless otherwise specified herein. shall be due within ten business days of submitting a written request for consent or approval. LAX 962070050 Version 1/7/98 Page 6 Site No. R/060 (B) (e) This Lease shall be governed. construed and interpreted under the laws of the State of California. This Lease shall be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against either party. This Lease shall not be interpreted or construed against the par~ preparing it. (1) In the event of any dispute or legal proceeding (including arbitration under Section 15) between the parties arising out of or relating to this Lease or its breach, the prevailing part~ shall be entitled to recover from the non-prevailing parly all fees. costs and expenses, including but not limited to attorneys' and expert witness fees. incurred in connection with such dispute or legal proceeding, any counterclaims or cross-complaints, any action to confirm. correct or vacate an arbitration award, any appeals and any proceeding to establish and recover such costs and expenses, in such amount as the court or arbitrator determines reasonable. Any party entering a voluntary dismissal of any legal proceeding without the consent of the opposing party in such proceeding shall be deemed the non-prevailing party. (g) Terms and conditions of this Lease which by their sense and context survive the termination, cancellation or expiration of this Lease will so survive. (h) Time is of the essence of this Lease. (i) This Lease including all attachments and riders constitutes the entire agreement and understanding between the parties. and supersedes all offers. negotiations and other leases and agreements. written or oral, concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth heroin. Any amendments to this Lease shall be effective only if in writing and executed by both parties. Neither Lessor's execution of this Lease nor any consent or approval given by Lessor hereunder in its capaciW as Lessor shall waive, abridge, impair or otherwise affect Lessor's powers and duties as a governmental body. Any requirements under this Lease that Lessee obtain consents or approvals of Lessor are in addition to and not in lieu of any requirements of law that Lessee obtain approvals or permits. However, Lessor shall attempt to coordinate its procedures for giving contractual and governmental approvals so that Lessee's requests and applications are not unreasonably denied or delayed. (k) This Lease includes and incorporates the following riders attached hereto: Assignment Rider. (SIGNATURE PAGE FOLLOWS) LA\%2070050 Version 1/7/98 Page 7 Site No. RI060 (B) IN WI'I~-/ESS WHEREOF. the parties have executed this Lease as of , 199H. LESSOR: CITY OF TEMECULA By: Name: Ron Roberts Title: Mayor ATTEST WITNESS: By: Name: Susan W. Jones. CMC Title: City Clerk APPROVED AS TO FORM: By: Name: Peter M. Thorson Title: Ci~' Attorney Lessor's Address, Phone & Fax: City of Temecula 43200 Business Park Drive P.O.9033 Temecula, CA 92589-9033 Tel: (909) 694-6480 Fax: (909) 694-6488 LESSEE: COX PCS ASSETS, L.L.C.. a Delaware limited liability company By: Cox Communications PCS. L.P. a Delaware limited partnership its only Member By: Name: Ted J. Carrier Title: Vice President of Operations and Integration Lessee's Address, Phone & Fax: Address if by means other than courier: P.O. Box 14607 trvine, California 92623-4607 Attn: Property Manager Address if by courier: 18200 Von Karman 6th Floor, Suite 631 lrvine, California92612 Tel: (714) 623-5786 Fax: (714) 623-5790 LA\962070050 Version 1/7/98 Page 8 Site No. Rl060(B) LEGAL DESCRIPTION OF LESSOR'S PROPERTY Those portions of Campanula Way, and Parcels 2 and 3 of Parcel Map 23432 on file in Book 159, Pages 38 through 61 inclusive, of Parcel Maps, in the City of Temecula, County of Riverside, State of California, Records of Riverside County, California, described as follows: Commencing at a point at the intersection of the Westerly line of said Parcel Map No. 23432, with the centerline of De Portola Road, said point being North 73° 26' 04" East, 319.95 feet from the intersection of Margarita Road and De Portola Road as shown on said Map, said point also being the beginning of a curve concave Northwesterly and having a radius of 1,200.00 feet; thence Northeasterly along said centerline of De Portola Road and said curve through a central angle of 40° 24' 52" 846,44 feet; thence departing the centerline of De Portola Road, South 56° 58' 48" East, a distance of 50.00 feet to a point on the Southeasterly 100 feet right-of-way line of said De Portola Road; said point being the true point of beginning; thence along said Southeasterly 100 foot right-of-way line North 33° 01' 12I' East, a distance of 200.00 feet to the beginning of a curve concave Southeasterly and having a radius of 1,160.00 feet; thence along said curve through a central angle of 01° 28' 23", 29.57 feet; thence departing said Southeasterly 100 foot right-of-way line, South 51° 41' 43" East, a distance of 197.34 feet; thence South 48° 01' 26" East, a distance of 370.35 feet; thence South 39° 28' Off' West, a distance of 733.15 feet to a point on a non-tangent curve having a radius of 950.00 feet, to which a radial bears South 25° 44' 32" West, thence Northwesterly along said curve through a central angle of 31° 40' 28", 525.18 feet; thence North 32° 35' 00' West, a distance of 43.50 feet; thence North 10° 46' 22" East, a distance of 31.58 feet to a point on a non- tangent curve having a radius of 1,250.00 feet, to which a radial bears South 35° 52' 13" East, a said point also being on said southeasterly 100 foot right-of-way line of De Portola Road; thence along said Southeasterly 100 foot right-of way line, Northeasterly along said curve, through a central angle of 21° 06' 35", 460.53 feet to the true point of beginning. LA\962070050 Version 1/7/98 ATTACHMENT 1 Site No, RI060 (B) DEPICTION OF THE PREMISES AND LESSEE'S FACILITY (SEEATTACHED) LA\962070050 Version 1/7/98 ATTACHMENT 2 Site No. RI060 (B) C) bJ bJ o Z Z a. I Z z c,j TECHNICAL REQUIREMENTS FOR THIRD PARTY COLLOCATION In order for Lessor to permit a Carrier to locate on Lessor's Property. or to reconfigum or change frequency or operation of the Carrier's communications facilities (a "Carrier Change"), both the approvals set forth in Sections 1 and 4 below must be obtained from Lessee. according to the following procedures. 1. The Carrier shall submit to Lessee preliminary plans and technical specifications for the proposed facility or the Carrier Change. Lessee shall have 15 business days to respond to Carrier in writing with Lessee's approval or disapproval of Carrier's plans and specifications~ 2. If the Carrier's plans and specifications are not approved by Lessee, then the Carrier shall revise its plans and specifications to meet the objections thereto set forth in Lessee's written disapproval. No construction. installation, testing or operation of the Carrier's communications facilities shall be permitted unless and until Lessee approves the Carrier's plans and specifications. 3. If the Carrier's plans and specifications are approved by Lessee, the Carrier shall notify Lessee in writing as to the scheduled date and time of commencement of construction and installation of the Carrier's transmitting/receiving equipment, or the implementation of the Carrier Change, as the case may be, not less than five business days prior to such date. 4. The Carrier also shall notil? Lessee in writing five business days prior to the Carrier's pre~ operation transmit test as to the date and time such test will commence. The pre-operation transmit test shall be conducted jointly by Lessee and the Carrier and shall measure: (a) The signal transmit levels at the output after the final filter stage on the Carrier's transmit line with all transmitters keyed up at maximum power: (b) Antenna isolation between the output of the final filter stage on the Carrier's transmit line and input line to Lessee's first receive filter in the base station in Lessee's frequency band of operation: (c) The combination of (i) worst case level measured out of the Carrier's transmit line added to (ii) worst case antenna isolation. Such value shall be no greater than -l l4dBm in Lessee's Federal Communications Commission receive and transmit bands of operation. If Lessee determines that it is experiencing interference, Lessee shall notify the Carrier to immediately cease the pre-operation or pre-Carrier Change transmit test and the Carrier shall immediately cease such test. Thereafter. Lessee shall have two business days to submit to the Carrier Lessee's written approval. disapproval or conditional approval of the Carrier's intended equipment installation or Carrier Change. It shall be the Carrier's responsibility to ensure that proper filtering and isolation are in place for the pre- operation or pre-Carrier Change transmit test and operation of the Carrier's antenna system. Any change to the Carrier's approvcd antenna type and location and/or change in transmitter types and power output shall be required to follow each of the steps set forth in Sections I and 4 of this Attachment 3. Lessee may condition its approval of a collocating Carrier's plans and specifications and/or equipment installations on such Carrier paying to Lessee an equitable share of the costs Lessee incurs to design, permit, construct, install, maintain and replace any Common Facilities. For this purpose, "Common Facilities" means any equipment, facilities, structures and improvements Lessee installs at the Premises or Lessor's Properly which the collocating Carrier will use or benefit from. such as but not limited to screening, conduits and similar facilities. LA\962070050 Version 1/7/98 ATTACHMENT 3 Site No. RI-060 (B) ASSIGNMENT RIDER COMMUNICATIONS SITE GROUND LEASE AGREEMENT This ASSIGNMENT RIDER supplements the COMMUNICATIONS SITE GROUND LEASE AGREEMENT CLease'') between COX PCS ASSETS, L.LC.. a Delaware limited liability company CLessee'). wholly owned by Cox Communications PCS, L.P., a Delaware limited partnership ("Cox L.P."), and CITY OF TEMECULA, a body corporate and politic ("Lessor") dated . 199__. Capitalized terms used herein but not defined herein have the respective meanings set forth in the Lease. 1. Notwithstanding any provision of the Lease to the contrary, and except as provided otherwise in Section 3 below. Lessee shall not voluntarily assign or sublet the Lease or Lessee's interest under the Lease or in the Premises (a "transfer") without the prior written approval of Lessor. Lessor may withhold approval in its sole discretion. 2. If Lessee desires at any time to effect a transfer, it shall first deliver to Lessor (a) a written request for approval, (b) the name, address and most recent financial statements of the proposed transferee and (c) the proposed instrument of assignment or sublease, which in the case of assignment shall include a written assumption by the assignee of all obligations of Lessee under the Lease arising from and after the effective date of assignment. Lessor shall approve or disapprove a proposed transfer within 30 days ai~er Lessee delivers such items to Lessor. 3. Notwithstanding Section l above, Lessee may, without Lessor's approval and in Lessee's sole discretion, from time to time, do any of the following: (a) grant to any person or entity a security interest (including, for example, a security interest of first lien priority) in some or all of Lessee's Facility and/or other property used or to be used in connection with the Premises; (b) assign or pledge Lessee's interest in the Lease and Promises to any person or entity to finance Lessee's equipment or operate Lessee's business; (c) sublet the Premises to Cox L.P. or otherwise permit Cox L.P. to use the Premises as provided in the Lease (in which case Lessee's Facility is deemed to mean the communications equipment of Cox L.P. installed on the Premises); and (d) assign or sublet: (i) to any entity which has, directly or indirectly, a 30% or greater interest in Lessee (a "Parent") or in which Lessee or a Parent has a 30% or greater interest (an "Affiliate"); (ii) to any entity with which Lessee and/or any Affiliate may merge or consolidate; (iii) to a buyer of substantially all of the outstanding ownership units or assets of Lessee or any Affiliate: or (iv) to the holder or transferee of the Federal Communications Commission ("FCC) license under which Lessee's Facility is operated, upon FCC approval of any such transfer. Any such assignment shall not be effective until the assignee signs and delivers to Lessor a document in which the assignee assumes responsibility for alI of Lessee's obligations under the Lease arising from and after the effective date of assignment. LA\962070050 Version 1 / 7/98 Site No. RI060 (B) ITEM NO. 4 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDAREPORT Community Services Commission ~-Ierman Parker, Director of Community Services November 9, 1998 Temeku Hills Park Recommendations PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Community Sen/ices Commission receive and file the recommendations of the Temecula Community Services District Board of Directors sub-committee regarding the Temeku Hills Park, as follows: 1. Construct Temeku Hills Park as specified in the Specific Plan, without ball field lighting. 2. Identify possible sites for a large sports complex. 3. Explore with the developer the feasibility of completing construction of Meadows Parkway as soon as possible. 4. Approve, in substantial form, final form to be approved by City Manager and City Attorney, Implementation Agreement No. 1 to Development Agreement between City of Temecula and Temeku Hills Development Partners, L,P. and UDC Homes, Inc. (Specific Plan No, 199, Margadta Village), providing for the developer to provide $150,000 toward the installation of ball field lighting at another public park within the City of Temecula, BACKGROUND: On September 8, 1998, several property owners near the proposed Temeku Hills Park addressed the Community Services District Board of Directors, raising concerns about ball field lighting, traffic and noise if the park was built in accordance with the approved Master Plan. In response to the citizens' concerns, the Board of Directors appointed two Board Members, Jeff Stone and Karel Lindemans, as a sub-committee to review the proposed ball field lighting at Temeku Hills Park. The sub-committee conducted a noticed public workshop on October 8, 1998. All of the persons who had addressed the Board on September 8, 1998 received letters informing them of the date, time and place for the sub-committee meeting. An estimated 70 to 80 persons attended the meeting, with many expressing their concerns, opposition or support for the project. The sub- committee members asked questions of many of the participants. The developer, McMillin Companies, the designer, and a representative from Musco Lighting also made presentations. Based upon the information gathered at the workshop, the sub-committee reported back to the Board of Directors at the October 13, 1998 Council Meeting with preliminary recommendations to have the developer construct the park as designed but without the ball field lights. The sub- committee further recommended that staff to explore negotiations with the developer to install ball field lights at another location in the City and to accelerate the construction of Meadows Parkway. Recognizing the City's continuing need for more lighted athletic fields, the sub-committee also recommended that staff identify potential suitable sites for acquisition and construction of a large sports complex. The developers representatives have met with staff to negotiate the installation of ball field lights at another park location. The developer has agreed in concept to provide $150,000 in cash to the TCSD for the purpose of installing ball field lights at another City park. The developer is still reviewing the proposed agreement which is attached. Staff anticipates bringing forward a finalized agreement for Council approval in the near future. Staff has also begun analyzing potential sites for the installation of the lights. Public Works staff has also begun negotiations with McMillin Companies and Lennar Homes regarding the possibility of accelerating the completion of Meadows Parkway. McMillin is the developer of Temeku Hills on the west of Meadows Parkway and Lennar is the developer of Chardonnay Hills on the east. Each developer is ultimately responsible for half width improvements of the road. It is staff's intention to negotiate a mutually acceptable agreement to provide at least interim minimum width road improvements until such time as the developers are able to complete the required improvements which will provide for the fully widened road. Attachment: Proposed Agreement It TEMEC_FS2Of~DA TA~DEPTS~CSD~RUSEFMGENDASItemekU hills perk mcemn~;ons-r,~c. doc IMPLEMENTATION AGREEMENT NO. I TO DEVELOPMENT AGREEMENT BE'I'VVEEN CITY OF TEMECULA AND TEMEKU HILLS DEVELOPMENT PARTNERS, L.P. AND UDC HOMES, INC. (SPECIFIC PLAN NO. 199, MARGARITA VILLAGE) THIS AGREEMENT is made and entered into as of November 10, 1998 by and between the City of Temecula, a California municipal corporation ("City"), and Temeku Hills Development Partners, L.P., a California limited partnership CTemeku Hills"), and UDC Homes, Inc., a California corporation ("UDC;" Temeku Hills and UDC shall collectively be referred to as "Owners"). In consideration of the mutual covenants hereinafter contained and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals. This Agreement is made for the purposes and with respect to the following facts, which each party hereto agrees and acknowledges to be true and correct: a. On October 7, 1997 the City, Temeku Hills, and UDC entered into that certain agreement entitled "Amendment and restatement of Development Agreement Specific Plan No. 199, Village A Planning Areas 33 to 38 and 40 to 44 Planning Application No. PA 97-0204 'Margarita Village' Temeku Hills Development Partners, LP. and UDC Homes, Inc." which development agreement was recorded on November 6, 1997 as Document No. 406459 in the Official Records of Riverside County ("Development Agreement"). b. This agreement pertains to the real property described in the Development Agreement ("Property"). c. The Development Agreement provides that Owners may develop the Property in accordance with Existing Land Use Regulations and Existing Development Approval(s), as defined in the Development Agreement, which consist primarily of Specific Plan No. 199. d. The Development Agreement also provides in Section 12.2 that Owners shall dedicate land for a park and shall design and complete construction of the park improvements thereon similar to other public parks of the same size and classification prior to the issuance of the 608th building permit for residential dwelling units in the Project. e. The City and Owners now need to confirm the design of the Park and provide for the allocation of park fee credits for the improvements to be provided. 2. Park Improvements. The City and Owners agree that Section 12.2 requires an improved park of 11 acres to be built on Lot 1of Tract 23371-13 ("Park") and have previously agreed that the Park shall include the improvements described on Exhibit A, Park Improvement Description, attached hereto and incorporated herein by this reference ("Park Improvements"), which Park Improvements include lighting of the ballfields for the Park. 3. Modification of Park Improvements and Park Fee Credits. At the request of the City, the Owners have agreed to delete the lighting of the ballfields from the Park Improvements and pay to the City the costs of such lighting. Therefore, the Owners shall be relieved of the obligation to light the ballfields of the Park upon the payment to the City of the sum of one hundred fifty thousand dollars ($150,000.00). Said sum shall be paid to the City on or before December 30, 1998, Nothing contained in this Implementation Agreement is intended to, nor shall, modify the terms of Section 12.2 of the Development Agreement concerning park fee credits and City shall credit Owners with the park fee credits as provided by Section 12.2 as if the Park described in Section 3. of this Implementation Agreement had been constructed with the lighting of the ballfields. 4. Notices. Any notices to be given by one party to another under this Implementation Agreement shall be given in the manner and to the addressees as specified in the Development Agreement. 5. Miscellaneous Provisions. a. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. b. This Agreement sets forth and contains the entire understanding and agreement of the parties with respect to the subjects described herein, and there are no oral or wdtten representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein except for the Development Agreement and the "Agreement Regarding Temecula Resident Golf discounts and Park and Recreation Impact Fee Credits". No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. c. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. d. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. e. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement hereafter. f. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement, g. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. h. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. i. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. j. Any action at law or in equity adsing under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. k. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. I. Each party hereto expressly warrants and rapresents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, business entity, or governmental entity and warrants and represents that he/she/they has/have the authority to bind his/her/their entity to the performance of its obligations hereunder. 10/26/98 11086-000071mat14808940 IN WITNESS WHEREOF THIS Agreement has been executed by the authorized representatives of the parties hereto. "CITY" City of Temecula By Ron Roberts, Mayor "OWNER": Temeku Hills: Temeku Hills Development Partners, L.P., a California limited partnership By: McMillin Project Services, Inc., a California corporation, as Attorney-in-fact Under Durable Power of Attorney ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney By: (signature) Name: Title: By: (signature) Name: Title: ITEM NO. 5 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Community Services Commission Herman Parker, Director of Community Services November 9, 1998 Temecula Museum Project Exhibit Design Committee PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Community Services Commission appoint one member to serve on the Temecula Museum Project Exhibit Design Committee. BACKGROUND: On October 15, 1998, staff released a Request for Qualifications for the design, fabrication and installation of exhibits and other appurtenances for the Temecula Museum Project. Two firms submitted their qualifications for this project and staff anticipates taking a recommendation to award a professional services contract forward to the Board of Directors on November 17, 1998. Staff will be organizing a Design Project Committee to work with the consultant to design the ultimate exhibit areas, space plan and actual exhibits for the new Museum. Staff requests that the Commission appoint one member to serve on the design project committee. R:\RUSIEP\AGENDAS\exhibit design project committee - csc.doc