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HomeMy WebLinkAbout111300 CSC AgendaAGENDA TEMECULA COMMUNITY SERVICES COMMISSION TO BE HELD AT TEMECULA CITY HALL MONDAY, NOVEMBER 13, 2000 7:00 P.M. CALL TO ORDER: FLAG SALUTE: ROLL CALL: PRESENTATIONS: Vice Chairman Jim Meyler Commissioner Nimeshein Edwards, Henz, Nimeshein, Meyler, Bruce Wedeking TCSD Maintenance Supervisor 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. ~OTICE 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. DIVISION REPORTS COMMISSION BUSINESS 1. Minutes of October 9, 2000 Commission Meetinq RECOMMENDATION: 1;1 Approve the minutes of the October 9, 2000 Community Services Commission meeting. 2. Election of Chairman and Vice Chairman RECOMMENDATION: 2.1 That the Community Services Commission elect a member to serve as Chairperson from November 1, 2000 to October 31, 2001. 2.2 That the Community Services Commission elect a member to serve as Vice Chairperson from November 1, 2000 to October 31, 2001. 3. ARreement For Use of Flood Control Property RECOMMENDATION: 3.1 That the Community Services Commission approve the License Agreement between the City of Temecula and Riverside County Flood Control and Water Conservation District (RCFCWCD), for use of approximately 33.5 acres of property located adjacent to Jefferson Avenue. COMMUNITY SERVICES DIRECTOR'S REPORT COMMUNITY SERVICES COMMISSIONER'S REPORTS ADJOURNMENT The next regularly scheduled meeting of the Community Services Commission will be held on Monday, December 11, 2000, 7:00 P.M., at Temecula City Hall Council Chambers, 43200 Business Park Drive, Temecula, California. ITEM NO. 1 R:',CSCAGENDITEMNOSHL MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA COMMUNITY SERVICES COMMISSION OCTOBER 9, 2000 CALL TO ORDER The City of Temecula Community Services Commission convened in a regular meeting at 7:00 P.M., on Monday, January 10, 2000 in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE The audience was led in the Flag salute by Mr. Henry Miller. ROLLCALL Present: Commissioners Edwards, Henz, Nimeshein, and Vice Chairman Meyler. Absent: None. Also Present: Director of Community Services Parker, Deputy Director of Community Services Ruse, Recreation Superintendent Pelletier, Maintenance Superintendent Harrington, Development Services Administrator McCarthy, Management Analyst Smith, Administrative Secretary Zigler, and Minute Clerk Hansen. PRESENTATIONS Plaque of Recognition to Community Services Commissioner Mr. Henry Miller Relaying that Mr. Henry Miller had served on the Community Services Commission since 1992, that he had served as Chairman of the Commission for two years, and while noting his countless hours volunteering for numerous Community Service Events, Vice Chairman Meyler presented a plaque to Mr. Miller in recognition of his dedicated service to the City of Temecula. Mr. Miller thanked the Commission, and staff, for the opportunity to serve on the Commission, relaying that the experience had been an honor; expressed his love to his fellow Commissioners; and provided an overview of his new position on the Museum staff, additionally noting the need for improved signage at the Museum site. PUBLIC COMMENTS No comments. DIVISION REPORTS Development Services Administrator McCarthy provided the following update with respect to projects in process: Relayed that the first Community Workshop for the Trails and Bikeways Master Plan was held on September 21, 2000, providing a brief overview; noted that the consultant was in the process of compiling the information received at this workshop; relayed that approximately 450 surveys have been received, noting that these results would also be compiled by the consultant; and advised that there would be a Subcommittee meeting held on October 23, 2000, and that the second Community Workshop would be held on Saturday, October 28th from 10:00 A.M. to Noon at the CRC. Noted that a Design Committee meeting had been held regarding the Chaparral Pool Project, relaying that no major modifications had been made; and advised that RJM Design Group was in the process of developing the plans and construction documents associated with this particular project. With respect to the Senior Center Expansion Project, relayed that the plans have been delivered to staff, noting that staff would be meeting with the developer at the end of October to express comments and suggested modifications, if any. Advised that the Library Master Plan had been approved by the Board at the September 26, 2000 meeting, relaying additional information regarding the Proposition No. 14 Bond funding issues. Commissioner Henz relayed that he was impressed with the Trails Community Workshop, noting that it was held in a very professional manner. Commissioner Edwards noted that it was likely that the data that was distributed prior to the Trails Community Workshop aided in facilitating the success of the workshop. For Commissioner Edwards, Development Services Administrator McCarthy confirmed that the contract for the Senior Expansion Project had been amended to include modifications to address the soil conditions at the site. Vice Chairman Meyler provided an overview of the discussions held during the Chaparral Pool Project meeting, relaying that construction could potentially begin on June 15, 2000. Maintenance Superintendent Harrin.qton provided a brief overview of various projects that were completed by the Maintenance Division durinq the month of September, relaying the following: New trash containers were installed at Rancho California Sports Park, Butterfleld Stage Park, the Temecula Valley Museum, and the Temecula Wedding Chapel, noting the goal at a future point to install the new containers at all the park sites; and in response to Director of Community Services Director of Community Services Parker, noted that the new trash containers were constructed of concrete with the City logo design denoted on each container. Split-rail fencing had been installed at the drainage culvert at the Duck Pond in order to restrict pedestrian access. The rastroom interiors wera painted at Pala Community Park, W~nchester Craek Park, and Kent Hindergardt Memorial Park. The gazebo and drinking fountain wera painted adjacent to the tot lot at Rancho California Sports Park. · The sound system was repaired at the CRC amphitheater. Assistance was provided for the fall Rod Run Event in Old Town, and the Concert on the Green at the Duck Pond. Vandal-resistant light fixturas wera installed in the gazebos at Pala Community Park. Commissioner Edwards relayed that the Concert on the Green Event had been a success, noting that at the event he had noticed that the plastic lenses on most of the ground lighting was braken or missing. In rasponse, Maintenance Superintendent Harrington advised that staff would address the issue. Commissioner Henz commended staff for the Concert on the Green Event, noting his pleasura in attending the event, which happened to be scheduled on his birthday. In response to Commissioner Nimeshein, Maintenance Superintendent Harrington relayed that with the new configuration at the Duck Pond thera have been no incidents of childran falling into the water. Recreation Superintendent Pelletier relayed the following upcoming events and activities: Noted the provision of the calendar (per agenda material), which denoted the upcoming events and activities for the next three-month period. Relayed that the Halloween Spooktacular Event would be held on Friday, October 27th from 6:00-9:00 P.M. at the Roller Hockey Arena at Temecula Skate Park. Advised that staff was beginning praparation for the Holiday Season Events, relaying that posters would be displayed throughout the City denoting the four major events, as follows: The Trae Lighting Ceremony and the Electric Light Parade which would be held on December 1st, the Holiday Lights and Festive Sights which was scheduled for December 13th-31st, and the Winter Wonderland Event which would be held on December 16th. With respect to the Coloring Book Project, relayed that the coloring book was in the process of being drafted in final form, noting that the book would most likely be presented to the Commission in November for review and input. For Commissioner Nimeshein, Recreation Superintendent Pelletier provided additional information regarding the additional excursions, which would be part of the new recreational program (i.e., Disney on Ice excursion, Tall Ship excursion, and senior excursions). For informational purposes, Vice Chairman Meyler noted that he had had the honor of being a judge at the Teen Talent Show on Saturday night, providing an overview of the event. COMMISSION BUSINESS Minutes of September 11, 2000 Commission Meeting RECOMMENDATION: 1.1 Approve the minutes of September 11, 2000 Community Services Commission meeting. MOTION: Commissioner Henz moved to approve the minutes, as written. The motion was seconded by Commissioner Nimeshein and voice vote reflected unanimous approval. 2. Arts Council Arts Education Program RECOMMENDATION: 2.1 That the Community Services Commission receive and file the Arts Council Arts and Education Program report. Noting that one of the goals of the Cultural Arts Master Plan was the establishment of art programs in conjunction with the schools, Director of Community Services Parker introduced Ms. Martha Minkler, Executive Director of the Arts Council who would present information regarding the newly developed after school program. Ms. Minkler provided an overview of the after school Arts Program, noting that she had the opportunity to make the presentation to the Temecula Valley Unified School District, relaying the enthusiastic support received; noted the survey that the School District had conducted which had revealed a demand for an after school Arts Program, relaying the discussions that aided in the development of this particular proposed pilot program which would initially offer two days a week of dance sessions, and two-and-a-half days a week of string instrument sessions, noting that dance was not offered to Middle School students, and that there was solely one school offering a string instrument class; with respect to long-term planning, advised that the program would be expanded if the evaluation surveys deem that feasible, relaying the potential to add programs associated with stage design and production; noted that the Arts Council currently has a Summer Youth Art Institute Program, providing additional information regarding expanding the visual arts opportunities; with respect to the funding of the after school Arts Program, provided an overview of the prime entities that would be involved, noting that the Temecula Valley School District would provide the site. liability insurance, and the on- site administrator, that the Arts Council would be responsible for obtaining the funding for the salaries for the teachers and for the materials, and that the City of Temecula 4 would participate financially due to the Arts Council utilizing a portion of its City funds to allocate towards the program, and the City had additionally offered to aid in producing flyers; provided additional information regarding the youth's application process for entry into the program; noted that both sessions would culminate in a final recital performance which would be heavily promoted; noted the School District's initial concern regarding credentials, and transportation; relayed information regarding the utilization of highly- skilled, yet uncredentialed teachers, under the umbrella of the credentialed on-site administrator; with respect to transportation issues, relayed that parents would be responsible for transporting the youth to and from the program; noted that there was an evaluation component structured into the program at the end of each trimester, relaying that the results would be compiled by the Arts Council and forwarded to the School District, the City of Temecula, and any alternate funding source of the program; provided an overview of the anticipated budget, noting that a Grant Request has been submitted to Edison International, relaying that there were alternate potential sources for the funding of the program; and advised that the program could begin in the spring of 2001 dependent on the funding process. For Commissioner Nimeshein, Ms. Minkler reiterated that currently the School District did offer a string instrument class, which this particular program would augment, noting that there were no dance classes available at the Middle School level. In response to Commissioner Nimeshein's comments, Ms. Minkler confirmed that in kind donations had not been denoted in the budget representations, relaying that she concurred with implementing this type of donations into the budget sheet. For Commissioner Nimeshein, Ms. Minkler relayed that additional funding had not been sought from the City; and clarified that the School District had relayed that there was no funding available, advising that the School District's provision of liability insurance, the facility usage, and the custodial provisions greatly benefited the program. Commissioner Nimeshein advised that in his opinion the request for additional funding should be presented to the City. Commissioner Nimeshein commended Ms. Minkler for her diligent efforts with respect to this program, relaying that it was a marvelous project. Commissioner Edwards noted that this particular project was an integral part of the Cultural Arts Master Plan; and thanked Ms. Minkler for her excellent work in the development process. Noting that the existing Arts Program in the School could be negatively impacted in the future, Vice Chairman Meyler relayed that this new program was vitally important. Vice Chairman Meyler noted that the Commission would receive and file this report. 3. Children's Museum Update RECOMMENDATION: 3,t That the Community Services Commission receive and file the Children's Museum Update report. Director of Community Services Parker presented the staff report (of record), updating the Commission with respect to the Children's Museum Project's process; relayed that based on the results of the community survey, that there was a strong community desire for the Museum to be located on the Old Town area; provided additional information regarding the process of acquiring an Old Town site (The Trading Post) for this project, noting the contract with the previous owner to allow operation at the facility until February 15, 2001; and advised that the Requests for Qualification (in seeking a firm to work with the City with respect to the interior and exhibit designs) were released in July, advising that the top four firms would be interviewed beginning October 17, 2000. For Commissioner Nimeshein, Director of Community Services Parker provided additional information regarding the contract with the previous owner of the Old Town site to extend operation to the merchant until February 15, 2001, although escrow has closed on the property and it currently belonged to the City of Temecula. Vice Chairman Meyler relayed that the Commission would receive and file this report. COMMUNITY SERVICES DIRECTOR'S REPORT Director of Community Services Parker invited the Commission to the Halloween Spooktacular Event that had previously been mentioned by Recreation Superintendent Pelletier. COMMISSIONER REPORTS For Commissioner Edwards, Director of Community Services Parker relayed that the Commission would appoint a new Chairman and Vice Chairman at the November meeting at which time the current vacancy would be filled. Commissioner Edwards reiterated that in his opinion the Concert on the Green was a tremendous success. Commissioner Henz thanked Mr. Henry Miller for his participation on the Commission over the past years, noting the great asset he has been, relaying hopes that he would participate in the Spooktacular Event, as he usually had in the past. Commissioner Henz commended the Arts Council for their recent planned activities, noting that he was pleased with the Jazz Concert; and relayed hopes that there would be additional concerts held due to the great participation in this particular event. E. Commissioner Nimeshein relayed best wishes to Mr. Miller in his new endeavors. In response to a call from a community resident (Mr. Charles Henkley), Commissioner Edwards noted Mr. Henkley's recommendation that additional trees be installed at Kent Hindergardt Memorial Park, relaying that Mr. Henkley was willing to lead a Plant a Tree Campaign. In response, Director of Community Services Parker advised that the City was pursuing planting additional trees at this site. R:~CSCmrnutes~01199 Vice Chairman Meyler provided an overview of the Community Services issues that had been addressed recently by the City Council, relaying that the Council had appointed a VVaterpark Study Subcommittee, noting that a feasibility study had been awarded; relayed that the City Council had approved the solicitation of bids for the Rancho California Sports Park field lighting, noting that at the completion of this project all the fields would be lighted at this site; noted that the Council had approved the solicitation of bids for clean up of the desiltation ponds, noting his previous recommendation to develop a park at this site. In response, Director of Community Services Parker relayed that the park project was included in the ClP, noting that it was not funded at this time. Vice Chairman Meyler recommended that if the Commissioners attended alternate Committee meetings or workshops that they keep the Community Services Commission updated. ADJOURNMENT At 7:52 P.M. Vice Chairman Meyler formally adjourned this meeting to November t3, 2000 at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. James A. Meyler, Vice Chairman Herman D. Parker, Director of Community Services ITEM NO. 2 R~C$CAGEND~TEMNOSHL CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Community Services Commission Herman D. Parker, Director of Community Services November 13, 2000 Election of Chairperson and Vice Chairperson - Community Services Commission PREPARED BY: Gall Zigler, Administrative Secretary RECOMMENDATION: That the Community Services Commission: Elect a member from the Community Services Commission to serve as Chairperson from November 1, 2000 to October 31,2001. Elect a member from the Community Services Commission to serve as Vice Chairperson from November 1, 2000 to October 31, 2001. DISCUSSION: The term of Chairperson and Vice Chairperson for the Community Services Corn mission 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 R:\CSCAGEN~3~JTEMNO SH L TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Community Services Commission Herman Parker, Director of Community Service~-----":::~ November 13, 2000 Agreement for Use of Flood Control Property RECOMMENDATION: That the Community Services Commission approve the License Agreement between the City of Temecula and Riverside County Flood Control and Water Conservation District (RCFCWCD), for use of approximately 33.5 acres of property located adjacent to Jefferson Avenue. BACKGROUND: The process to design and construct the Temecula Sports Complex, which has been proposed to be constructed at the Northwest Sports Complex, property begins in November of 2000. In an effort to ensure that the Temecula Town Association (TTA) has a location to continue to provide their community wide special events, such as the Tractor Race, the Community Services Department has drafted the attached agreement for use of 33.5 acres of property adjacent to Jefferson Avenue. This property is currently owned by RCFCWCD. It would be the intent of this agreement to utilize a portion of this property for the TTA to continue to host their annual events and programs. Through several discussions with RCFCWCD, the RCFCWCD is willing to enter a License Agreement with the City to allow the City to utilize this 33.5 acre parcel. The land is located adjacent to Jefferson Avenue and bordered to the north by Cherry Avenue and to the south by the Santa Gertrudis Creek. The property is where the RCFCWCD intends at some point, to develop a large detention facility. Until they move forward with the development of this detention facility, RCFCWCD is willing to allow the City to use this property for park property and special events. The agreement would be for a 10 year period, concluding June 30, 2010, or terminated sooner if RCFCWCD should commence the development of their detention facility. The agreement can be terminated by either party with a 6 month written notice. The City would be required to provide all necessary liability insurance naming the RCFCWCD as additional insured. The City would be required to pay for all maintenance costs associated with the facility and ensure the facility is properly maintained and kept in good condition. Both our City Attorney and Riverside County Legal Counsel have reviewed and approved the agreement in its present form. R:~ZIGLE RG'~:;~EPORT~111300 CSC RCFCWCD Properly.doc LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR APPROXIMATELY 33.5 ACRES OF REAL PROPERTY ADJACENT TO JEFFERSON AVENUE AND SOUTHERLY OF CHERRY STREET THIS LICENSE AGREEMENT is made and entered into by and between the City of Temecula, a municipal corporation ("City") and the Riverside County Flood Control and Water Conservation District, a public agency ("District") and shall be dated for convenience of identification as of 2000. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are tree and correct: a. The District is the owner of approximately 33.5 acres of unimproved real property (a portion of a larger parcel) located in the northwest area of the City of Temecula which property is legally described and depicted on Exhibit A., attached hereto and incorporated herein by this reference as though set forth in full ("Property"). b. The District and City desire to enter into this Agreement to provide the terms and conditions upon which City will use the Property for park and recreational purposes, including, but not limited to, operating and staging cultural, artistic, entertainment and recreational events, including, but not limited to, tractor races, the rodeo and equestrian activities, the chili cookoff, musical events, and other related activities, on the Property. c. As used in this Agreement, "District Engineer" shall mean the General Manager-Chief Engineer for the Riverside County Flood Control and Water Conservation District and "Director" shall mean the Director of Community Services of the City of Temecula. "Risk Manager" shall mean the County of Riverside Human Resources Division Risk Manager. 2. Grant of License. a. District hereby grants to City a license to use the Property on the terms and conditions and for the uses hereinafter specified in this Agreement. b. Except as specifically provided hereinafter to the contrary, City shall have the exclusive fight and obligation to use the Property for park and recreational purposes, including, but not limited to, operating and staging cultural, R3ZIGLERGLXAGREEMN~CFCWCD 33.5 acres. DOC artistic, entertainment and recreational events, including, but not limited to, tractor races, the rodeo and equestrian activities, chili cookoff, musical events, and other related activities, and the reasonably necessary office and storage purposes connected therewith. City shall not use the Property for any other purpose without the prior written consent of the District Engineer and the Risk Manager. c. Not later than November 1 of each year, City shall provide the District Engineer and the Risk Manager with a schedule of all events for the succeeding calendar year. Should the District Engineer or the Risk Manager object to the schedule, the District Engineer shall notify City of such objections within twenty (20) days of receipt of the schedule. City shall promptly respond to District Engineer's objections and set forth a plan to mitigate and resolve the objections to the satisfaction of the District Engineer. 3. Use Permits. City shall procure all permits and licenses required by the City of Temecula or other governmental entities to conduct special events. City shall comply with all governmental roles, regulations, statutes, ordinances and conditions of approval of permits, including any environmental evaluations required for a specific use. 4. Term. This Agreement shall commence as of September 26, 2000, and shall terminate on June 30, 2010, unless sooner terminated. This Agreement may be terminated by either party by providing six (6) months prior written notice of termination. 5. Improvements. City may install, at its own cost and expense, such temporary improvements to the Property as necessary to conduct the events and uses described in this Agreement including, without limitation, bleachers, fencing, grading for tracks, food facilities, or restroom facilities. City shall submit plans for such improvements to the District for prior to commencement of the work and District shall not object if said plans do not adversely impact the District's flood control facilities. City shall own such improvements as it may install upon the properly and shall be responsible for maintaining and repairing said improvements during the period it uses the Properly. CiW shall be responsible for compliance with all applicable local, state, and federal laws, rules and regulations as respects the construction, accessibility and safety of any improvement they may add to the land and, in addition to any other indemnifications that may be in this Agreement, the City will pay any fines, penalties or fees on behalf of the District or the County of Riverside that may result from additions to the land. 6. Ordinances~ Regulations and Conditions Governing Use of ProperW,. City, its officers, employees, agents and volunteers, shall at all times conduct themselves in a professional manner and that they will conform to all state and federal regulations, ordinances and regulations of the District, as amended, applicable to the Property and the special Use Conditions, atte, ched hereto as Exhibit B, and incorporated herein as though set forth in full. City shall maintain a staff adequate to operate, maintain, repair and administer all facilities located on the Properly in a safe and orderly manner. RSZIGLERGLXAGREEMNSRCFCWCD 33.5 acres. DOC 2 7. Third Party, Agreements. a. City may, in conjunction with its operation and use of the Property, enter into agreements with third parties concerning, among other things, advertising and signage at the Property; operation of the concessions, sale of food, beverage, and concession items at the Property. District hereby grants City the authority to enter into a sublicense agreement with the Temecula Town Association to allow the Association to use the property for the same uses as allowed by this Agreement. All such third party agreements and the sublicense shall be subject to the terms and conditions of this Agreement. b. All contracts with such third parties shall clearly provide that this Agreement controls all activities of such persons on the Property. c. All contracts with such third parties shall contain insurance provisions for the protection of the District, the County of Riverside, its Board of Supervisors, Directors, Officers and Employee of such nature and amount as approved by the District Engineer in writing prior to City entering into the third party agreement. At a minimum such policies shall contain the provisions set forth in this Agreement and may contain higher policy limits or additional types of insurance depending on the nature of the use. d. The District and the Risk Manager reserves the right to review any and all such third party agreements entered into by City for compliance with the terms of this Agreement. 8. Security and Traffic Management Plan. a. City shall be responsible for providing security, safety and managing traffic for the Property during an event. b. City shall not permit any person who appears to be under the influence of alcohol or controlled substances or persons using profane or indecent language, or engaging in boisterous or loud conduct to remain in or about the Property and will call upon the aid of peace officers to assist and maintain peaceful conditions on the Property. c. City shall provide for and staff an Emergency Aid Station consistent with the size of the crowds for all of City's events on the Property to provide emergency medical aid to all persons on the Property. All persons staffing the Emergency Aid Station shall, at a minimum, be currently certified in first aid and CPR. d. City shall prepare a Security and Traffic Management Plan ("Security and Traffic Management Plan") setting forth the public, safety, parking and traffic plans to be used to hold any authorized event at the Property. The Security and Traffic Management Plan must minimally meet all local ordinances and rules, state and federal laws and regulations and use the most current procedures to protect the public, vendors and employees. The Security and RSZIGLERG~XAGREEMlCRCFCWCD 33.5 acres. DOC 3 Traffic Management Plan shall be prepared and delivered to the District Engineer not later than ninety (90) days prior to the first event for each calendar year. City shall provide all measures as may be required under the Security and Traffic Management Plan at its sole cost and expense. e. The City agrees to have the direct involvement of a recognized sanctioning body for any event involving vehicle racing on county land. 9. Damage Provisions. City shall pay for the repair and/or replacement of, including but not limited to, all damaged structures, equipment, facilities and land in areas occupied or used by City which are damaged through any act of City, its officers, employees, agents, volunteers, subcontractors, sublicensees, and persons attending or participating in any City event. This Section applies to, but is not limited to such items as exterior fencing, structures, drinking fountains, water spigots, irrigation equipment, trash cans, landscaping, including tuff, trees, scrubs and any other facilities, improvements or equipment on the Property. In the event the City decides not to repair a damaged item of property, the City will have the property disposed of and removed from the land in a manner that is in compliance with all local, state and federal regulations. 10. Liens. City shail not directly or indirectly, create or permit to be created or to remain, and will promptly discharge, at its expense, any mortgage, lien, encumbrance, charge, or pledge of the Property or fixtures or furnishings, or any part thereof. 11. Return of the Property. Upon the termination of this Agreement, City shall return the Property in as good as condition and repair as the Property existed, reasonable wear and tear excepted. 12. Indemnification. To the maximum extent permitted by law, District, County of Riverside, Board of Supervisors, Directors, Officers, and Employees shall not be liable for any loss, damages, or injury to person or property of any person occasioned by or arising out of any act of City or of anyone holding under City, nor the occupancy or use of the Property or any part thereof by or under City, nor directly or indirectly from any state or condition of said Property or any part thereof during the term of this Agreement, including but not limited to any State or Federal proceedings involving environmental issues.. City shall defend, indemnify, protect and hold District, County of Riverside, Board of Supervisors, Directors, Officers, and Employees harmless from any and all damages arising out of any act or omission of City, its officers, employees, agents, sublicensee, subcontractors, volunteers and persons attending City events on the Property, except to the extent such damages may arise from the District's willful and gross negligence, recklessness, or intentional conduct (or that of District's agents or employees). 13. Liability Insurance. District acknowledges that City may become self insured at some time in the future and accepts and agrees that upon City becoming self-insured, to the extent such self-insurance is equal to or greater than the coverage R:~ZIGLERG~XAGREEMN~CFCWCD 33.5 acres. DOC 4 stated below, City will not be required to procure the insurance described in this Section, but that sublicensees and other permitees using the Property shall be required to procure insurance in conformance with the terms of this Agreement. Except for events in which the City is the sole sponsor, City shall require any sublicensee or other person receiving written permission from the City to use the Property, to procure and maintain for the duration of its use of the Property, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the use of the Property by City, its agents, representatives, employees or sublicensees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as the following coverages and any updated insurance industry standard policies: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto); (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance; (4) Liquor liability coverage;. (5) Independent Contractors; and (6) Vendors Liability. no less than: Minimum Limits of Insurance. City shall maintain limits (1) General Liability: $2,000,000 combined single limit for bodily injury, personal injury and property damage. Special events involving the use of automobiles or vehicles shall require general liability insurance in an amount of five million dollars ($5,000,000.00) to ten million dollars ($10,000,000.00) as determined by the City Manager. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Liquor liability coverage of not less than $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. RAZIGLERGXXAGREEMN~CFCWCD 33.5 acres. DOC 5 d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, County of Riverside, its Board of Supervisors, its Directors, officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the City; products and completed operations of the City; Property owned, occupied or used by the City; or automobiles owned, leased, hired or borrowed by the City. The coverage shall contain no special limitations on the scope of protection afforded to the District, County of Riverside, its Board of Supervisors, its Directors, officers, officials, employees or volunteers. (2) For any claims related to this Agreement, the City's insurance coverage shall be primary insurance as respects the District, County of Riverside, its Board of Supervisors, its Directors, officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, County of Riverside, its Board of Supervisors, its Directors, officers, officials, employees or volunteers shall be excess of the City's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, County of Riverside, its Board of Supervisors, its Directors, officers, officials, employees or volunteers. (4) The City's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits or any other material modification except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the District. e. Acceptability of Insurers. Insurance is to be placed with insurers, that are California admitted, with a current A.M. Best's rating of no less than A:VIII, unless otherwise acceptable to the District. f. Verification of Coverage. City shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on font, s provided by the District. All endorsemems are to be received and approved by the District before work commences. As an alternative to the District's forms, the City's insurer RSZIGLERG~XAGREEIvIN~CFCWCD 33.5 acres. DOC 6 may provide complete, certified copies of ail required insurance policies, including endorsements effecting the coverage required by these specifications. g. Failure to Comply with Insurance Requirements. In the event the City falls to submit the required documentation for insurance to the District Engineer within the times required by this Agreement or the District Engineer receives notice or is made aware of the termination of any required insurance policy, the District Engineer may immediately suspend City's right to use the Property and shall cause a notice of default to be issued to the City. 14. Assignment and Subletting. City shall not assign its interest in this Agreement or in the Property to any person or entity without first obtaining the District Engineer's written consent, except that consent shall not be required for the City to assigned this Agreement to either the Temecula Community Services Agency or to the Redevelopment Agency of the City of Temecula.. Any assignment or sublicense without the District Engineer's prior written consent shail be voidable and, at the District Engineer's election, shall constitute a default. No consent of the District Engineer should be required for agreements with vendors, concessionaires and advertisers at the Property, or booking or other performance agreements with entertainers. In the event of any assignment City understands and agrees that it shall remain liable with respect to any and all obligations and duties contained in this License Agreement. 15. Default and Right to Terminate. a. If City should fall to perform, keep or observe any of the terms, conditions or covenants as set forth in this Agreement, District shall give City notice to correct the failure within said thirty (30) days, and if such action is not cured by City within thirty (30) day period, City shall be in default of this Agreement and City's rights hereunder shall at the option of the District, be terminated and forfeited. Such election to terminate shall not be construed as a waiver of any claim the District may have against City, consistent with such termination. If, however, any failure is of such nature that it cannot be physically remedied within thirty (30) days, except for the payment of money, and if City hall have commenced the elimination of such failure promptly after the receipt of such notice, and shall continuously and diligently proceed in good faith to eliminate such default, then the period for correction shall be extended for such length of time as is reasonably necessary to complete such correction. The failure of City to fund the necessary corrections shall not justify an extension of the time to cure beyond the initial 30 day period. b. Upon any termination of this Agreement, City covenants and agrees to surrender and to forfeit this Agreement, and deliver up the Property peaceably to the District immediately upon any such termination. If said City shall remain in possession of said Property after any termination of this Agreement, City shall be deemed guilty of an unlawful detention of the Property. RSZIGLERG~XAGREElvlNXRCFCWCD 33.5 acres. DOC 7 c. Notwithstanding any other provision of this Agreement to the contrary, the District shall not be deemed to be in default until thirty (30) days after notice of default is given by the City to the District. If such default cannot be cured within such thirty day period, the District shall not be deemed to be in default provided that, within such thirty (30) day period, the District shall commence and thereafter diligently prosecute efforts to cure the default. 16. Legal Remedies. Each party shall have all remedies as may be allowed by law or equity to enforce its rights in this Agreement. No legal action shall be filed by one party against the other party until such time as the other party has received the notice of default as provided in this Agreement. Any such action shall be filed in Riverside County, California. The prevailing party in a court action shall be entitled to reasonable attorney's fees and costs. 17. Use Restrictions. City agrees to maintain the Property in a clean and neat condition, free and clear of garbage, weeds and debris. No dumping, storage of hazardous or toxic waste, nor the maintenance of any nuisance, public or private, shall be permitted. No rights across any adjacent District property is granted by this Agreement and City agrees to secure all such property from trespass and control access to property at its sole cost and expense. 18. Utilities. City shall pay for all utility costs incurred for the periods when City is using the Property. 19. Notice. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (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 dellvery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: City: CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92590 Attention: City Manager District: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 Market Street Riverside, California 92501 Attention: District Engineer 20. Entire Agreement. This Agreement, and the documents attached hereto or mentioned herein, contain all of the agreements of the Parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. RSZ1GLERGLXAGREE~CFCWCD 33.5 acres,DOC 8 21. Amendments. No provision of this Agreement may be amended or added to except by an agreement in writing. //// //// IN WITNESS WHEREOF, the parties hereto have executed this Agreement on ., 2000.. CITY OF TEMECULA Jeffrey Stone Mayor ATTEST: Susan Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney RSZIGLERGLXAGREE~CFCWCD 33.5 acres. DOC 9 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Recommended for Approval By: James A. Venable, Chairman Riverside County Flood Control and Water Conservation District Board of Supervisors By: David P. Zappe General Manager-Chief Engineer APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel ATTEST: GERALD A. MALONEY Clerk of the Board By: Dated: Joe S. Rank Assistant County Counsel (Se~) By: Deputy R:~ZIGLERG~XAGREEIvlNXRCFCWCD 33.5 acres. DOC 10 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY R:LE1GLERGLXAGREEMNURCFCWCD 33.5 acres. DOC 11 PARCEL 7020-508A BEING A PORTION OF THE MURRIETA PORTION OF THE TEMECULA RANCHO, AS SHOWN BY THE MAP OF THE TEUECULA LAND AND WATER COMPANY ON I'lL( IN BOOK 8 PAGE :359 OF k~P$, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA.  EXHIBIT A I! _. ' DATED 1123/1996 RIYER61DE COUNTY FLOOD CONTROL AND WATER CON8ERYATION DISTRICT exp. 9-~o-o2 I:= THIS PLAT IS SOLELY AN AID iN LOCATING ,. ~ ----Eli' N0. _ 'A' THE PARCEL(S)DESCRIBED IN THE -'" 6\~ 6;~J0~/ ATTACHED DOCUMENT. ,T IS NOT A PART PREPARED BY, G.L.P. OF THE WRITTEN DESCRIPTION THEREIN. C~.L~ ~.~"'~ ~ SCALEz NO SCALE APPROVED BY, ~ /,~~ DATE, MAY 22. 2000 DATE, SHEET I OF I Murrieta Creek Parcei 7020-508A Being a portion of the Mumeta portion of the Temecula Rancho, as shown by the map of the Temecula Land and Water Company on file in Book 8, Page 359 of Maps, records of San Diego County, California, as described in Instrument No. 426234, dated January 23, 1996, records of Riverside County, California, described as follows: A 680 foot wide s~ip of land lying Southwesterly of, adjoining to, parallel' and concentric with the Southwesterly right of way of the new alignment of Jefferson Avenue, as described in said instrument. The Northwesterly termiml5 of said strip to telmalnato_ at the ~¢ellterline o'f Cherry Street as described in said insmmaent and the Southeasterly terminus to terminate at the Northwesterly line of Parcel Map 19582-2, Parcel Map Book 147, Pages 3 through 6, inclusive, records of Riverside County, California. NO. JAY KELLI~Rff / Land Surveyor No. 6290 Signed For: Riverside County Flood Control and Water Conservation District Date: ~'L 27 -C~O EXHIBIT B USE CONDITIONS FOR PROPERTY R:kZIGLERG~XAGREEMN~CFCWCD 33.5 acres. DOC ! 2 EXHIBIT B NO USE CONDITIONS AT THIS TIME