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HomeMy WebLinkAbout101193 CSC Agenda AGENDA TEMECULA COMMUNITY SERVICES COMMISSION ADJOURNED REGULAR MEETING TO BE HELD AT TEMECULA CITY HALL OCTOBER 11, 1993 7:00 PM CALL TO ORDER: Flag Salute Chairman Walker ROLL CALL: Walker, Harker, Miller, Nimeshein PRESENTATIONS: William D. Hillin, PhD SWEARING IN CEREMONY: Jeff Comerchero 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 fired with the Community Services 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. 101193.agn 100693 DIVISION REPORTS COMMISSION BUSINESS 1. ADoroyal of Minutes 1.1 Approve minutes of September 13, 1993 Community Services Commission meeting as submitted. 2. Election of Chairperson and Vice Chairperson Community Services Commission RECOMMENDATION: 2.1 Elect a member from the Community Services Commission to serve as Chairperson from November 1, 1993 to October 31, 1994. 2.2 Elect a member from the Community Services Commission to serve as Vice Chairperson from November 1, 1993 to October 31, 1994. 3. Indoor Facility Use Ordinance No. 93- RECOMMENDATION: 3.1 Appoint a Commissioner to replace William Hillin as a committee member to assist staff in developing the Indoor Facility Use Ordinance No. 93- and Resolution No. CSD 93- 3.2 Continue the adoption of Ordinance No. 93- and Resolution No. CSD 93- .. pertaining to park and recreation facility operational policies and fee schedules until November 8, 1993. 100693 4. Temecula Museum RECOMMENDATION: 4.1 Approve locating the Temecula Museum on Sam Hicks Monument Park and extend the construction provision in the City's lease with the Old Town Temecula Historical Museum Foundation to complete the first phase of the museum facility by January 1, 1996. 4.2 Appoint two members to serve on a Project Committee for the Sam Hicks Monument Park Improvement Project. COMMUNITY SERVICES DIRECTOR'S REPORT COMMUNITY SERVICES COMMISSION REPORTS ADJOURNMENT Next regular meeting will be November 8, 1993, 7:00 p.m., City of Temecula, City Hall, 43174 Business Park Drive, Temecula, California, 92590. 101193.agn 100693 3 ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA COMMUNITY SERVICES COMMISSION MONDAY, SEPTEMBER 13, 1993 A regular meeting of the City of Temecula Community Services Commission was called to order on Monday, September 13, 1993, 7:00 P.M., at the Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. Chairman Walker called the meeting to order and led the flag salute. PRESENT: 5 COMMISSIONERS: Harker, Hillin, Miller, Nimeshein, Walker ABSENT: 0 COMMISSIONERS: None Also present were Director of Community Services Shawn Nelson, Parks and Recreation Superintendent Herman Parker, Maintenance Superintendent Bruce Hartley and Recording Secretary Gall Zigler. PUBLIC COMMENT None DIVISION REPORTS Parks and Recreation Superintendent Herman Parker reported the following: Superintendent Parker provided an overview of the conclusion of the summer programs. The status of the Teen Council Newsletter. Mr. Parker advised that the first newsletter should be ready by December 1, 1993. There are currently 12 students working on specific articles for the newsletter. The Teen Council is trying to use the school district computers to draft the newsletter. Staff is currently preparing for fall classes to begin, with 58 classes re-starting. Mr. Parker advised that he is currently trying to secure a location in Old Town for the City's annual Haunted House. Superintendent Parker gave a brief overview of his memorandum regarding a new youth sports organization and asked the Commission for any comments or questions. Commissioner Hillin asked for a follow-up on some of the things the Commission learned at the League of California Cities Conference. CSCMINOg/13/93 -1- 9122193 COMMUNITY SERVICES COMMISSION MINUTES SEPTEMBER 13, 1993 Herman Parker advised that he has created a budget for a mobile recreation program and he has received information regarding the youth food program. Director Nelson said that both of these programs could be coordinated with the Boys and Girls Club facility. Commissioner Nimeshein suggested that a reporter from a local newspaper be brought in to help train the students and possibly the Teens could get free distribution directly through the newspaper. Maintenance Superintendent Bruce Hartley reported the following: Loma Linda Park and John McGee Park have completed a 90 day maintenance program with the contractor and are now under City maintenance. Kent Hintergardt Memorial Park is near completion of the 90 day maintenance by the contractor. The boy scouts have completed their eagle scout projects with favorable results as follows: Re-roofed and re-painted the North and South dug-outs at the Rancho California Sports Park. Re-painted the snack bar. Re-planted roses along Rancho California Road and Margarita Road In response to a complaint made by a homeowner whose property backs up to a portion of Loma Linda Park, staff has enhanced the landscaping and planted shrubs along the fence boundaries of his property. The City has begun landscaping of the Senior Center. COMMISSION BUSINESS AoDroval of Minutes 1.1 Approve the minutes of August 9, 1993 Community Services Commission meeting as submitted. It was moved by Commissioner Nimeshein, seconded by Commissioner Harker to approve the minutes of August 9, 1993. The motion carried as follows: CSCMIN09/13/93 -2- 9/22/93 COMMUNITY SERVICES COMMISSION MINUTES AYES: 5 COMMISSIONERS: Harker, Walker NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None SEPTEMBER 13, 1993 Hillin, Miller, Nimeshein, 2. Indoor 2.1 2.2 Use Ordinance for Parks and Recreation Facilities Adopt Ordinance No. 93-(next) amending Ordinance 91-37 pertaining to adopting park and recreation facility operational policies and regulations. Adopt Resolution No. CSD 93-(next) approving a revised fee schedule for the use of indoor recreational facilities. Director Nelson presented the staff report. Superintendent Parker distributed a revised Exhibit "A" to the Commission with a change to Item No. 1 as follows: "Requests must be submitted at least seven (7) days prior to the intended use and all appropriate fees must be paid at the time of the request". Commissioner Harker suggested Item No. 3 of the Ordinance should be amended to read "Additional security may be required for events....". Commissioner Harker said that the City may feels it is necessary to require additional security at events which intend to serve alcohol. Commissioner Nimeshein suggested that Item No. 4, on Exhibit "A" Indoor Reserved Use, should be changed to nine (9) months. Commissioner Nimeshein said that in the event that someone is planning a wedding, etc., they may need to book the facility much further in advance than six months. Commissioner Hillin said he feels that Item No. 3 of Exhibit "A" should be amended to read "A refundable cleaning deposit of $200 will be required ...... ". The Commission expressed many concerns regarding the cleaning deposit fee. Director Nelson asked the Commission to let staff operate the Community Center under the proposed policy language and bring a status report back to the Commission in six months for review. After a lengthy discussion the Commission expressed additional concerns with the following: the need for a list of non-profit youth groups and organizations the need for a list of other non-profit groups and organizations CSCMIN09/13~93 -3- 9/22/93 COMMUNITY SERVICES COMMISSION MINUTES SEPTEMBER 13, 1993 church uses of the facility Director Nelson suggested that the Commission appoint a two member sub- committee to work with staff to address the Commission's concerns regarding the policy language and the fee schedule. It was moved by Chairman Walker, seconded by Commissioner Miller to appoint Commissioner Hillin and Commissioner Nimeshein as the two member sub- committee and continue this matter to the October agenda. The motion carried as follows: AYES: 5 COMMISSIONERS: Harker, Hillin, Miller, Nimeshein, Walker NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None Capital Improvement Projects- FY 1993-1994 Director Nelson advised that this report will be outlined during the September 16, 1993 Commission park tour. Rancho California Soorts Park Improvement Proiect It was moved by Commissioner Nimeshein, seconded by Commissioner Hillin to appoint Chairman Walker and Commissioner Miller to serve on a project committee for the Rancho California Sports Park Improvement Project. appointed as an alternate. The motion carried as follows: AYES: 5 NOES: 0 ABSENT: 0 Commissioner Harker was COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Harker, Hillin, Miller, Nimeshein, Walker None None COMMUNITY SERVICES DIRECTOR REPORT Director Nelson reported the following: CSCMIN09/13/93 -4- 9/22/93 COMMUNITY SERVICES COMMISSION MINUTES SEPTEMBER 13, 1993 In answer to a previous question by Chairman Walker regarding the implementation of the trail system for the City, Director Nelson advised that a citywide trail system is scheduled for 95-96 in the City's Capital Improvement Plan. The Old Town Specific Plan and the Temecula Museum and their relation to Sam Hicks Monument Park will be placed on the October agenda. The Community Services Commission Park Tour is scheduled for September 16, 1993. The Grand Opening of the Old Town Temecula Senior Center is planned for Saturday, September 25, 1993, 12:00 P.M. COMMUNITY SERVICES COMMISSIONER REPORTS Commissioner Miller advised that he will attending a seminar on September 28, 1993 in Cerritos on Horse Trails and Recreation. Commissioner Harker questioned the status of the Senior Council. Director Nelson said he would place this issue on the October agenda for Commission discussion. Commissioner Harker said she feels that staff should participate in any discussions regarding the Northwest Sports Complex which is a park-site. Commissioner Hillin described a recent incident which took place at the Sports Park involving a baseball team from Riverside and participants of the current soccer program. Commissioner Hillin expressed his appreciation for staff's insight into preparing ordinances and policies for the park sites. ADJOURNMENT Chairman Walker declared the meeting adjourned at 8:55 P.M. The next meeting of the City of Temecula Community Services Commission will be a park site tour, held on Thursday, September 16, 1993, 9:00 A.M. at the Temecula City Hall Main Conference. CSCMIN09/13/93 -5- 9/22/93 COMMUNITY SERVICES COMMISSION MINUTES SEPTEMBER 13, 1993 The next regular meeting of the City of Temecula Community Services Commission will be held on Monday, October 11, 1993, 7:00 P.M., at the Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. Chairman Claudia Walker Secretary CSCMIN09/13/93 -6- 9/22/93 ITEM NO. 2 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: COMMUNITY SERVICES COMMISSION SHAWN D. NELSON OCTOBER 11, 1993 ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON - COMMUNITY SERVICES COMMISSION RECOMMENDATION: That the Community Services Commission: Elect a member from the Community Services Commission to serve as Chairperson from November 1, 1993 to October 31, 1994. Elect a member from the Community Services Commission to serve as Vice Chairperson from November 1, 1993 to October 31, 1994. 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 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT FROM: DATE: SUBJECT: COMMUNITY SERVICES COMMISSION SHAWN D. NELSON OCTOBER 11, 1993 INDOOR FACILITY USE ORDINANCE NO. 93- PREPARED BY: ::~.~.HERMAN D. PARKER, RECREATION SUPERINTENDENT RECOMMENDATION: That the Community Services Commission: 1) Appoint a Commissioner to replace William Hillin as a committee member to assist staff in developing the Indoor Facility Use Ordinance No. 93- , and Resolution No. CSD 93- 2) Continue the adoption of Ordinance No. 93- and Resolution No. CSD 93- pertaining to park and recreational facility operational policies and fee schedules until November 8, 1993. DISCUSSION: Based on comments staff received at our last Community Services Commission meeting, staff will be scheduling a meeting with two Community Services Commissioners to review the proposed ordinance and resolution and implement suggested revisions. Commissioner Nimeshein will serve on this committee. An additional commissioner needs to be appointed to replace the position vacated by William Hillin. After the committee meets, staff will revise Ordinance No. 93- and Resolution No. CSD 93- and present them for adoption at our November 8, 1993 Community Services Commission meeting, ITEM NO. 4 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: COMMUNITY SERVICES COMMISSION SHAWN D. NELSON OCTOBER 11, 1993 TEMECULA MUSEUM RECOMMENDATION: That the Community Services Commission: Approve locating the Temecula Museum on Sam Hicks Monument Park and extend the construction provision in the City's lease with the Old Town Temecula Historical Museum Foundation to complete the first phase of the museum facility by January 1, 1996. Appoint two members to serve on a Project Committee for the Sam Hicks Monument Park Improvement Project. DISCUSSION: On October 2, 1990, the City Council approved a lease with the Old Town Temecula Historical Museum Foundation for forty (40} years for 91 .00 per year. The purpose of this lease was to allow the Museum Foundation to construct a museum facility and renovate the old church on Sam Hicks Monument Park. The approval of this lease was prior to the first meeting of the Community Services Commission (formerly Parks and Recreation Commission) held on October 22, 1990. The provisions of this lease include that the Museum Foundation construct a museum facility of no less than 3,000 sq. ft and renovate the church facility in Sam Hicks Monument Park. The design and location of the facility must be approved by the City. Operation and maintenance of the museum and church will be the responsibility of the Museum Foundation. Also, the lease stipulated that construction of the facilities would begin at the park by January 1, 1994. It is therefore recommended that the Museum Foundation be granted an extension concerning the construction provision of the lease to January 1, 1996. This will allow the City to master plan the improvements to Sam Hicks Monument Park and integrate the museum improvements into the master plan. MODIFICATION AND AMENDMENT OF LAND LEASE DATED JANUARY 1, 1991 THIS MODIFICATION AND AMENDMENT OF LAND LEASE iS entered into this 1st day of October, 1993, by and between the CITY OF TEMECULA, hereinafter called "Lessor" and THE TEMECULA VALLEY MUSEUM, a California non-profit public benefit corporation, formerly known as THE OLD TOWN TEMECULA HISTORICAL MUSEUM FOUNDATION, hereinafter called "Lessee". WHEREAS, Lessee has obtained funding to construct a museum facility on the Property, and has submitted design concept plans to Lessor for approval, and WHEREAS, the Land Lease provides that cqnstruction of a museum facility shall commence on or before January 1, 1994. NOW, THEREFORE, in consideration of the covenants and promises hereinafter mentioned, the parties, Lessor and Lessee, agree to modify and amended the Land Lease as follows: 5. USE OF TEE PROPERTY. The Property shall be used for the construction and operation of a museum of a minimum of 3,000 square feet, including public restrooms. Lessor agrees to construct public restrooms for use by park visitors. Construction of the museum structure shall commence within 6 months of design concept approval by Lessor and may be constructed in phases. In addition, a final inspection or certificate of occupancy of the first phase shall be obtained on or before January 1, 1996. The Property shall also be used for the relocation of a church of 1,200 square feet. Other construction projects on the Property, not specifically permitted by this Lease are prohibited, unless the written consent of Lessor is first obtained. The design and location of museum structures shall be subject to Lessor's approval, which approval shall not be unreasonably withheld. Lessee also agrees to comply with all applicable laws, rules, regulations, and ordinances of every governmental body or agency whose authority extends to the leased Property, or to the business conducted upon the leased Property. 1 IN WITNESS WHEREOF, the parties have Modification and Amendment of Land Lease the day above written. executed this and year first LESSOR: LESSEE: CITY OF TEMECULA, A Municipal Corporation THE TEMECULA VALLEY MUSEUM, a California Non-Profit Public Benefit Corporation By: J. SAL MUNOZ Mayor ATTEST: By: JUNE S. GREEK City Clerk By: NANCY J. MAURICE President APPROVED AS TO FORM: By: SCOTT F. FIELD City Attorney LAW OFFICES OF JEFFREY C. By: JEFFREY C. STEARNS Museum Attorney STEARNS, A.P.C. EXEMPT RECORDING REQUESTED BY City of Temecula Pursuant to Govt. Code § 6103 And when Recorded mail to: City of Temecula .~ 43172 Business Park Drive Tcmecula, Ca 92390 (Space above this line for Recorder's use only) _ LAND LEASE THIS LEASE is entered into as of January 1, 1991, between the CITY OF TEMECULA, hereinafter called "Lessor," and ~ OLD TOWN TE1VIECULA HISTORICAL MUSEUM FOUNDATION, a California non-profit public benefit corporation, hereinafter called "Less~." Lessor acquired tifie in the name of the CITY OF TEMECULA to the real property located in the City of Temecula, County of Riverside, State of California, described in Exhibit "A" , attached hereto, by deed dated February 12~ 1991 NOW, TWF, REFORE, in consideration of covenadts and promises hereinafter mentioned, the parties, Lessor and Lessee, agree as follows: 1. DESION OF PROPERTY. Lessor hereby leases to Lessee, and Lessee here hires and takes from Lessor, the Property to be defined as that land to be occupied by the museum as per the attached plot plan (Exhibit "A" attached hereto) located on Moreno Road, Temecula, California, here'mafter called the "Property." 2. TERM. The term of this agreement shall be forty (40) years, commencing on November 1, 1990, and ending on October~31, 2030. This Lease may be extended as set forth in paragraph four (4) of this Agreement. 3. RENT. Lessee agrees to pay Lessor as rent for the use and occupancy of the Property the sum of ONE DOLLAR ($1.00) per year, payable in advance on the first (lst) day of January of each year commencing with January 1, 1991, and continuing thereafter during Lessee's use and occupancy of the Property. If the Lessee renews the term of this Lease as provided in paragraph four (4), the Lease shall continue for the same rental rate. Rent shall be payable in lawful money of the United States to Lessor at the address stated herein or to such other persons or at such other places as Lessor may designate in writing. 4. OPTION TO RENEW. As part of the consideration for the execution of this Lease, Lessor hereby grants to Lessee, an option to extend and renew the provisions of this Lease for a twenty-year te/'m, upon the same terms and conditions hereof. The option to renew and extend the provisions of this Lease must be exercised, if at all, by notice in writing given to Lessor not less than sixty (60) days prior to the expiration on the previous term° .!, 5. USE OF ~ PROPERTY. The Property shall be used for the construction and operation of a museum of a minimum of 3,000 square feet, including public restrooms. Construction of said structures shall commence within three (3) years of the date of this Lease. In addition, a final inspection or certificate of occupancy shall be obtained within five (5) years of the date of this Lease. The Property shall also be used for the relocation of a church of 1,200 square feet. Other construction projects, not specifically permitted by this Lease axe prohibited. The design and location of said structures shall be subject to Lessor's approval, which approval shall not be unreasonably withheld. Lessee also agrees to comply with all applicable laws, rules, regulations, and ordinances of eve~ governmental body or agency whose authority extends to the leased Property, or to the business conducted upon the leased Propen'y. ., 6. ALTER&TIONS. Lessee may not make any alterations (other than insubstantial ones) to the leased Property or structures thereon without Lessor's prior written consent, which consent shall not be unreasonably withheld. Lessee, at Lessee's own expense, shall comply with all present and future governmental requirements arising out of, in connection with, or necessitated by such alterations. 7. lrlXTURES. An fixtures placed on the leased Property by Lessee shall at all times be and remain the personal property of Lessee, and Lessee shall have the right to remove such fixtures at any time during the term hereof and also within five (5) business days after the termination of this ~. Lessee shall, at Lessee's sole expense, restore and repair any damage to the leased Property caused or occasioned by the removal of the fixtures. Such repair and restoration shall be performed within five (5) business days after the expiration of this Lease and shall be performed in compliance with the terms and conditions of Paragraph 8 of this Lease relating to repairs. 2 i34~85 8. REPAIRS. Lessee accepts the Property as being in good order, repair and condition. At all times during the term of this Lease, Lessee shall, at Lessee's own cost and' ' expense, and at no cost and expense to Lessor, maintain the Property and all portions of the Property in good order and repair and make all repairs and replacements that may become necessary to the Property, any buildings or improvements on the Property, or any sidewalks, landscaping, driveways, or parking areas that are part of, or appurtenant to, the Leased Property. Any and all repairs and replacements required by this provision, both ordinary and extraordinary and both structural and nonstructural, shall be made promptly by Lessee as required and shall comply with all applicable governmental laws, ordinances, and regulations. Lessee hereby waives the provisions of sections 1941 and 1942 of the California Civil Code relating to Les~or's duty for tenantable premises and Lessee's fight to make repairs and deduct the expenses of such repairs from the rent. ~ 9. LANDSCAPE MAINTENANCE. Lessee shall recognize that the installation and maintenance of landscaping on the Property is an integral part of the lease. Lessee shall maintain and care for landscaping on the Property using generally accepted methods of cultivation and watering. Lessee shall maintain that standard of care necessar3, to prevent the landscaping from deteriorating to the ~xtent that its value as landscaping is destroyed. Lessee shall also maintain landscape of Property in a manner and design reflecting the 1890 theme of the TEMECULA HISTORICAL OVERLAY. If Lessee fails to maintain the landscaping in such proper condition, Lessor may give written notice of such deficiency to Lessee. If the Lesser gives notice to Lessee of a deficiency, Lessee shall have thirty (30) bus'mess days ¢within which to take reasonable steps to cure the deficiency. If Lessee has not commenced corrective activity within such thirty (30) days, the City may elect to take the steps necessary to insure that the landscaping is maintained and cared for. At least fifteen (15) days prior to entering the Propore/to perform any such corrective work, Lesser shall either personally serve a notice of its intent to enter the premises for this purpose on the Lessee or mail a copy of such notice by certified mail to the Lessee's last known address, or as shown on the tax rolls. Lesser may enter the Property to perform such corrective work as it reasonably considers necessary and proper to return the landscaping to its proper condition. Lessor may act either through its own employees or through an independent contractor to perform such corrective work. If Lessor incurs costs, including administrative costs and attorney's fees in returning the landscap'rag to its proper condition pursuant to the procedure set forth in paragraph 7 above, Lesser my make a demand upon I~sec for payment of such costs as are reasonable under the circumstances. If Lessee fails to pay such costs within thirty (30) business days after the date demand is made, the terms and provisions of this lease shall terminate. 10. MECHANICS' LIENS. Lessee hereby agrees to keep the leased Property and the improvements thereon or hereafter erected or placed thereon, and every part thereof, and every estate, right, rifle, and interest therein, or in or to any part thereof, at all times during the term of this Lease, free and clear of mechanics' liens and other liens for libor, service, supplies, equipment, or materials. Lessee also agrees to fully pay and discharge and wholly protect and save harmless Lessor and all and every part of the estate, right, rifle, and interest of Lessor in and to all and every part of said demised Property and improvements against any and all demands or claims that may or could ripen into such liens or labor claims. Notwithstanding the foregoing, Lessee may, if Lessee furnishes Lessor with a bond or other security against loss or liability by reason thereof in a form acceptable to Lessor, contest, at Lessee's sole cdst and expense, any such liens or claims and litigate the same final judgment; in the event Lessee shall have taken an appeal from an adverse judgment, Lessor shall at all times during the pendency of such appeal prevent the execution of such judgment pending appeal ..... I 1. DESTRUCTION OF PROPERTY. Should any building or improvements on the leased Property be damaged or destroyed by fire, the elements, Acts of God, or other causes not the fault of Lessee or any person in or about the leased Property with the express or implied consent of Lessee, they shall be repaired or replaced by Lessee at its own cost and expense; however, should the cost of repairing or restoring any buildings or improvements so damaged or destroyed exceed fifty percent (50%) of the replacement cost of all buildings and improvements to be located on the leased Property, Lessee may, at its option, either repair and restore the damaged buildings and improvements or cancel this Lease. 12 .... SURRENDER OF PROPERTY. On expiration or sooner termination of this Lease, or any extensions or renewal of this Lease, Lessee shall promptly surrender and deliver said Property to Lessor in as good condition as it is now at the date of this Lease, reasonable wear and tear and repairs hereafter required to be made by Lessor excepted. Lessee may surrender the property leaving the buildings relocated or constructed pursuant to this Lease in place with the consent of Lessor and at no cost to Lessor. This paragraph is subject to the conditions of Paragraph 7 relating to removal of fixtures. On ~e with the City Clerk of the City of Temecula are photographs of the property in its condition as of the date of execution of this Lease. 13. P,T,r~.~AIITIJTY OF PROPERTY. Nothing in this Lease shall be construed to restrict the alienability of said Property. Lessor retains the right to sell or encumber said Property at any time during the term of this Lease. 14. UTILITW-~, Lessee agrees to pay for all utilities, including telephone, water, gas, electricity, and any and all other services which may be used in or upon the leased Property during the term of this Lease without liability of Lessor. For each service, Lessee shall pay the cost for the use of the service directly to the utility provider prior to the time that the charge becomes delinquent. 4 15. TAXES. During the term of this Lease, Lessee shall pay before delinquency (1) all taxes, assessments, license fees, and any other charges of any type whatsoever that are levied, assessed, charged, or imposed on or against Lessee's possessory interest and/or personal property installed or located in or on the leased Property and that become payable during the ten of this lease and (2) all real property taxes and general and special assessments levied and assessed against the leased Property. 16. WASTE OR NUISANCE. Lessee shall not commit or permit the commission by others of any waste on said Property, including graffiti; Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 of the California Civil Code on said Property; and Lessee shall not use .or permit the use of said Property for any unlawful purpose. ~ .... 17. ASSIGN'MFNT AND SUBLETTING. Lessee may assign this Lease or an interest therein and may also sublet the Property, provided Lessee first obtains the written consent of Lessor to any such assignment or subletting. If, during the term of this Lease, Lessee requests the written consent of Lessor to any assignment or subletting, Lessor's consent shall not unreasonably be withheld. A consent to one assignment or subletting, and any subsequent assignment or subletting without Landlord' s consent shall be void and shall, at Landlord's option, terminate this Lease. Any approved assignment or sublease shall not relieve Lessor of liability under the terms of this Lease. 18. '~- INDEMNITY AND INSURANCE. Lessee agrees to indemnify and hold Lessor harmless from and against any and all claims arising from any act, omission or negligence of Lessee, or its contractors, licensees, agents, sen, ants, or employees, or arising from any accident, injury or damage whatsoever caused to any person or property occurring in, on, or about the Property, the sidewaBc~ adjoining the Property, and from and against all costs, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, including, but not limited to, court costs and reasonable attomey's fees. Lessee shall maintain in full force during the term of this Lease, a policy or policies of general liability insurance in the minimum mount for the first year of the term of this Lease of Two Hundred Fifty Thousand D~;llars ($250,000.00) combined single-limit per occurrence for bodily injury, personal injury and property damage. Upon the final inspection for certificate of occupancy for the Museum described at Section 5 of this Lease, the mount of said insurance shall increase to One Million Dollars ($1,000,000.00). Lessee shall name Lessor as an additional insured on such policies. Lessee shall furnish Lessor with a Certificate of Insurance with respect to such policy or policies prior to entry on the property. The policies shall further be endorsed with a "broad form" endorsement so as to provide comprehensive general liability insurance for the joint benefit of lessor and lessee for personal injuries. 5 Lessee shall maintain in force, at Lessee's expense, a policy or policies of insurance protecting against the following: (i) Fire and other perils normally included in the extended coverage insurance with special form, to the extent of at least one-hundred percent (100%) of the insurable value of the building(s) and other improvements placed on the property pursuant to the Lease, exclusive bf trade fixtures and equipment belonging to Lessee. (2) Fire and extended coverage insurance with respect to Lessee's fixtures and equipment located on the property with vandalism and malicious mischief endorsements to ihe extent of one-hundred percent (100%) of their insurable value. During the term of this Lease, the proceeds of any such policy or policies for fire insurance should be used solely for the repair or replacement of the fixtures or equipment so insured .... (3) Lessee shall furnish Lessor with a Certificate of Insurance with respect to all policy or policies required pursuant to this Lease prior to entry on the property, and occupancy of any buli_d_ings constructed or relocated onto the property. If any such insurance required in this Lease has a deductible clause, the deductible amount shall not exceed $1,000.00 per occurrence, and Lessee shall be liable for any such deductible amount. (4) The coverage amounts for all insurance requirements pursuant to the City shall increase annually at a rate equal to the Consumer Price Index for Riverside County. 19. INSPECTION. Lessor may enter upon the Property at any reasonable time for the purpose of inspecting the Property. "Reasonable time" shall be defined as during normal operating hours. 20. INSOLVENCY. The insolvency of Lessee as evidenced by a receiver be'mg appointed to take possession of all or substantially all of the property of Lessee, or the making of a general assignment for the benefit of creditors by Lessee, shall terminate the Lease and entitle Lessor to mater and regain possession of leased Property. 21. UNLAWFUL DETAI/Nlh~. In the event of any breach of this Lease by Lessee, Lessor, in addition to any other rights or remedies it may have, may give Lessee a three-day notice to cure the breach or quit the promises. ff Lessee fails to do either, Lessor may bring a statutory proceeding in unlawful detainer to regain possession of the Property. Any notice given by the Lessor pursuant to this paragraph does not constitute termination of this Lease unless expressly so declared by Lessor in the notice. 22. WAIVER OF BREACH. The waiver by Lessor of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such 6 134995 term, covenant, or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained, The subsequent acceptance of rant hemunder by Lessor shall not be deemed to be a waiver of any prior occurring breach by Lessee of any term, covenant, or condition of this Lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such prior existing breach at the time of acceptance of such rent. 23. ABANDONMENT. In the event that Lessee shall be absent from the demised Property for a period of 30 days after default in payment. of rent or other obligations imposed on Lessee by this Lease, such absence shall be deemed to constitute an abandonment of Lessee' s interest in the ~temised Property and an abandonment by Lessee of any personal property left on the demised Property, and Lessor may thereupon reenter the Property as hereinbefore provided. 24. BINDING ON SUCCESSORS. The provisions of this Lease shall be binding upon and shah inure to the benefit of the heirs, successors, assigns and legal representatives of the parties hereto. Nothing in this paragraph shah be construed as a consent by Lessor to any assignment Of this Lease or any interest therein by Lessee except as provided in Paragraph 18 of this Lease. 25. NOTICES AND PAYMENTS. Whenever notices and payments are required to be given pursuant to the provisions of this Lease, they shah be sent to either party, in writing and pestage prepaid by registered mail, addressed as follows: To the Lessor at: City of Temecula 43172 Business Park Drive Temecula, CA 92390 To the Lessee at: The Old Town Temecula Historical Museum Foundation, A California Non-Profit Public Benefit Corporation P.O. Box 792 Temecula, CA 92390 Either party may change such address by written notice by registered mail to the other party. 26. DEFAULT, NOTICE OF DEFAULT, BREACH. A default in the performance of any promise of, or of any obligation imposed upon Lessor and Lessee, shall not constitute a breach of this Lease unless the party in default fails to cure such default within thirty (30) days after the written notice of default has been served, except that failure to cure a default in the payment of rent shah constitute a breach of this Lease if such default is not cured within five (5) days after written notice of default has been served. If either 7 134995 party breaches this Lease, the other party shall be enfified to pursue every legal and equitable remedy available, including (but not limited to) the right to terminate this Lease and the right to recover accrued rent, paid in advance. Lessor, in addition to other remedies it may have, shall have the immediate fight to teentry, and may remove all persons and property from the Property, such property may be stored at the cost of Lessee. The prevailing party shall be reimbursed attomey's fees. IN WITNESS WHEREOF, the parties have executed this Lease the day and year first above written. LESSOR: CITY OF TEMECULA, A Municipal Corporation LESSEE: TIlE .OLD TOWN TEMECULA HISTORICAL MUSEUM FOUNDATION a California Non-Profit Public Benefit Corporation By: RONALD I. PARKS Mayor ATTEST: .~- BYS~'S.~'G~'~ City Clerk APPORVED AS TO FORM: SCOTt F. FIE. I .D City Attorney 8 STATE OF CALIFORNIA 34995 COUNTY OF RIVERSIDE On April 9, 1991 before me, the undersigned, A Notary Public in and for the State of California, personally appeared Becca Nakaya ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Ms/her/their authorized capacity(ies), and that by Ms/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SUSAN W. JONES Notary PubRc-CalifoiT~a RNER~IDE COUNTY ~ Commf~ ~p~es ~ 18, 1994 STATE OF CALIFORNIA 134335 COUNTY OF RIVERSIDE 0n 4-9-91 before me, the undersigned, A Notary Public in and for the State of California, personally appeared Ronald J. Parks, June S. Greek & scott F. Fiel,~rsonallyknown tome (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by Ms/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatu~~ LCZ ~ November 18, 1994 134995 EXHIBIT "A " In the City of Temecula, County of Riverside, State of California, described as follows: That portion of Lot 6, and of the unnamed road in Block 2, as shown by Map of Subdivision of the Pauba Land and Water Company, in the County of Riverside, State of California, as shown by Map on file in Book 11, Page 507 of Maps, ReCords of San Diego County, California, described as follows: Beginning at the most westerly corner of Lot 32, Block 1, of the Town of Temecula as shown by Map on file in Book 15, Page 726 of Maps, Records Of San Diego County, California; thence South 44 degrees 25'05" West, alGng the Northwesterly boundary of said town of Temecula, a distance of 141.45 feet to a point on the Northerly right of way line of an unnamed road (60 feet wide) as described in dedication and easement deed to the County of Riverside by deed recorded April 22, 1969 as Instrument No. 39504 of Official Records of Riverside County, California; thence Westerly continuing along said Northerly line being the arc of a tangent curve concave Northerly and having a radius of 375.78 feet through a central angle of 19 degrees 01'17", a distance of 124.75 feet; thence North 17 degrees 08'42" East~ along the Easterly line of said unnamed road a distance of 290.87 feet; thence South 45 degrees 02'38" East, a distance of 271.16 feet to the point of beginning.