HomeMy WebLinkAbout041194 CSC AgendaAGENDA
TEMECULA COMMUNITY SERVICES COMMISSION
ADJOURNED REGULAR MEETING
TO BE HELD AT
TEMECULA CITY HALL
APRIL 11, 1994
7:00 PM
CALL TO ORDER:
Flag Salute Chairman Nimeshein
ROLL CALL:
Comerchero, Miller, Nimeshein, Walker
PRESENTATIONS:
Chairman Nimeshein
Commissioner Evelyn Harker
Lorri Ann McGavran, Recreation Coordinator (Sports)
Operation School Bell
Promising Christmas
Temecula Community Pantry
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 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.
DIVISION REPORTS
COMMISSION BUSINESS
ADDrOVal of Minutes
1.1 Approve minutes of March 14, 1994 Community Services Commission
meeting as submitted.
Rancho California Soorts Park Improvement Proiect Master Plan & Negative
Declaration
RECOMMENDATION:
2.1 Approve the Master Plan for Rancho California Sports Park
Improvements, and Adopt Negative Declaration for the project.
Temecula Town Association Lease of the Northwest Soorts Complex
RECOMMENDATION:
3.1 Approve the proposed Lease Agreement between the City of Temecula
and the Temecula Town Association for the use of the Northwest Sports
Complex.
COMMUNITY SERVICES DIRECTOR'S REPORT
COMMUNITY SERVICES COMMISSION REPORTS
ADJOURNMENT
Next regular meeting will be May 9, 1994, 7:00 p.m., City of Temecula, City Hall,
43174 Business Park Drive, Temecula, California, 92590.
ITEM NO. 1
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
COMMUNITY SERVICES COMMISSION
MARCH 14, 1994
A regular meeting of the City of Temecula Community Services Commission was called to
order on Monday, March 14, 1994, 7:00 P.M., at the Temecula City Hall Main Conference
Room, 43174 Business Park Drive, Temecula, California. The meeting was called to order
by Chairman Jeff Nimeshein.
PRESENT: 5 COMMISSIONERS: Comerchero, Harker, Miller, Walker,
Nimeshein
ABSENT: 0 COMMISSIONERS: None
Also present were Director of Community Services Shawn Nelson, Recreation
Superintendent Herman Parker, Maintenance Superintendent Bruce Hartley and Recording
Secretary Gall Zigler.
Boy Scouts Jeremy Jones and Jason Jones led the Pledge of Allegiance.
PRESENTATIONS
The Community Services Commission recognized the efforts of the following individuals.
Commissioner Comerchero presented Certificates of Appreciation for Community Service to
the following:
Boy Scout Jeremy Jones for painting the Snack Bar at the North/South field of the Rancho
California Sports Park as part of the Eagle Scout program.
Boy Scout Jason Jones for planting of shade trees at Kent Hindergardt Memorial Park as
part of the Eagle Scout program.
Boy Scout Gavin Getshim for planting shade trees at the Rancho California Sports Park.
Commissioner Walker presented Certificates of Appreciation to the following individuals:
Bruce Hartley, Maintenance Superintendent
Jim Reed, Maintenance Worker
Steve Sterling, Maintenance Worker
PUBLIC COMMENT
None
CSCMIN03114194 ], 3/21/94.
Communitv Services Commission Minutes
DIVISION REPORTS
Maintenance Superintendent Bruce Hartley reported the following:
The Community Services Department recently hired Cal Smith as receptionist and
Ron Cambridge as custodian.
Saturday, March 12, 1994 was opening day for baseball season and all the fields
were ready. The maintenance division will be renovating the soccer fields this
summer and work will begin on the slope repair and channel restoration at Rancho
California Sports Park in the next thirty days.
Paloma Del Sol Sports Park is operational.
The final phase of the well improvement project being constructed by the Rancho
California Water District at the Rancho California Sports Park will be completed in
the next thirty days.
Recreation Superintendent Herman Parker reported the following:
On April 2, 1994 the Recreation Department will hold their annual Easter Egg Hunt
at 10:00 A.M., the North and South fields of the Sports Park. A Dixieland Jazz
Concert will follow at 2:00 P.M. at the amphitheater of the Temecula Community
Recreation Center. The tickets to the event will cost $10.00 for adults, 63.00 for
children 10 years old and younger.
March 19, 1994 will be the close of the Temecula Teen Center in Old Town. The
Community Services Department will be holding a closing ceremony from 12:00 to
6:00 P.M. with a barbecue and dancing.
A March 16, 1994 group excursion to Wild Bills Dinner Theater is fully bookad.
Reservations are being taken for a March 18, 1994 group excursion to a live taping
of "Grace Under Fire".
Commissioner Comerchero asked about the status of the meals-on-wheels program and
questioned whether the program could be expanded.
Superintendent Parker said the program currently operates at the maximum limit and he
would report at the next meeting on expandling the program
March 14, 1994
CSCMIN03/14194 2 3/21/94
Community Services Commission Minutes
COMMISSION BUSINESS
March 14, 1994
Aooroval of Minutes
It was moved by Commissioner Walker, seconded by Commissioner Miller to
approve the minutes of February 8, 1994.
The motion carried as follows:
AYES: 5 COMMISSIONERS: Comerchero, Harker, Miller, Walker,
Nimeshein
NOES: 0 COMMISSIONERS: None
ABSENT: 0 COMMISSIONERS: None
Sam Hicks Monument Park Master Plan and Negative Declaration
Senior Management Analyst Phyllis Ruse presented the staff report.
Landscape architect, Vince DiDonato, of the Alhambra Group, provided the project
overview.
Commissioner Miller expressed his concern that the position of the restroom facility
opposite the parking lot area made it difficult for parents to see their children from
the tot lot area and presented a dangerous situation for children walking to the
restrooms by themselves.
After a lengthy discussion regarding the location of the restrooms at the park site,
Commissioner Walker suggested eliminating the parking space closest to the
restroom facility and replacing the space with landscaping.
Commissioner Harker asked that the lights in the parking lot of the Old Town
Temecula Senior Center match the light design at the park.
Director Nelson said staff can present the cost to retrofit those lights, as an add-
alternate to the construction contract, to be added if funds are available.
Nancy Maurice, 29523 Cara Way, Temecula, expressed her support of the proposed
project.
Bill Harker, representing .the project committee and a member of the Local Review
Board for Historical Preservation, expressed the committee's support of the project.
It was moved by Commissioner Comerchero, seconded by Commissioner Harker to
Communitv Services Commission Minutes
March 14, 1994
approve the Master Plan for Sam Hicks Monument Park, removing the parking space
closest to the restroom facility and replacing it with landscaping. Further it was
directed the Senior Center lighting be added as an alternate to the contract and that
the Negative Declaration for the project be adopted.
The motion carried as follows:
AYES:
NOES:
ABSENT:
4 COMMISSIONERS:
I COMMISSIONERS:
0 COMMISSIONERS:
Comerchero, Harker, Walker, Nimeshein
Miller
None
FINAL FEE CREDITS FOR PALOMA DEL SOL PARK
Community Services Director Shawn Nelson presented the staff report.
It was moved by Commissioner Miller, seconded by Commissioner Walker to
approve the final fee credit of $1,025,349 for Kemper Community Development
Company for the construction and dedication of Paloma Del Sol Park.
The motion carried as follows:
AYES: 5 COMMISSIONERS: Comerchero, Harker, Miller, Walker,
Nimeshein
NOES: 0 COMMISSIONERS: None
ABSENT: 0 COMMISSIONERS: None
LEAGUE OF CALIFORNIA CITIES - COMMUNITY SERVICES CONFERENCE
Community Services Director Shawn Nelson presented the staff report.
COMMUNITY SERVICES DIRECTOR'S REPORT
Director Nelson reported the following:
The pumping of ground water will begin on March 15, 1994 at Pala Community
Park.
The Community Recreation Center dedication ceremony is scheduled for March 25,
1994, 6:00 P.M.
CSCMINO3114/94 4 3121/94
Community Services Commission Minutes March 14.1994
In response to a question from Chairman Nimeshein, regarding the naming of
Highway 79 South, Director Nelson advised that he discussed the issue with the
Public Works Department and was advised the City will enter a Memorandum of
Understanding with Cal Trans and staff will bring up the issue of the naming of
Highway 79 South.
Tot swings have been installed as follows:
Two (2) at Loma Linda Park
One (1) at Kent Hindergardt Memorial Park
The Community Services Department is in the process of preparing an application
and request to have the City of Temecula declared an All American City. Director
Nelson asked for two volunteers from the Commission to participate in developing
the grant application for 1994. Chairman Nimeshein asked each member of the
Commission to consider who they would like to be part of this program.
The Community Services Department has begun discussing the master planning of
the Park View site and asked that two Commissioners consider serving on a
committee.
A dedication ceremony for Riverton Park is scheduled for April 11, 1994.
COMMUNITY SERVICES COMMISSIONER REPORTS
Chairman Nimeshein asked the Commission to consider suggesting a name for Highway 79
South.
Chairman Nimeshein said Commissioner Walker has expressed an interest in speaking on
behalf of the Community Services Commission at the CRC Grand Opening Ceremony and
asked for the consensus of the Commission.
ADJOURNMENT
Chairman Nimeshein declared the meeting adjourned at 9:05 P.M.
The next regular meeting of the City of Temecula Community Services Commission will be
held on April 11, 1994, 7:00 P.M., Temecula City Hall Main Conference Room, 43174
Business Park Drive, Temecula, California.
Secretary
CSCMINO3/14194
Chairman Jeff Nimeshein
3/21/94
ITEM NO. 2
TEMECULA COMMUNITY SERVICES COMMISSION
AGENDA REPORT
TO:
FROM:
DATE:
Community Services Commission
~<~Shawn D. Nelson, Director of Community Services
April 11, 1994
SUBJECT: Rancho California Sports Park Improvement Master Plan
PREPARED BY: Phyllis L. Ruse, Senior Management Analyst ~'
RECOMMENDATION:
That the Community Services Commission:
1. Approve the Master Plan for Rancho California Sports Park Improvements.
2. Adopt Negative Declaration for the project.
BACKGROUND: On November 9, 1993, the City Council awarded a design contract for
the preparation of a Master Plan for improvements at Rancho California Sports Park. The
I~roject area is the approximately 10 acre corner of the park near the Rancho Vista Road and
Margarita Road intersection.
A project committee was established with representatives from the City Council, Community
Services Commission, the skateboarding community, roller hockey enthusiasts, interested
community members, the design consultants (J.F. Davidson and Associates), and City staff.
At the first meeting, opportunities and constraints of the site were discussed as well as the
various uses and amenities the committee hoped to see incorporated into the final plan. One
of the main components of the improvements was a skateboard facility.
After the first committee meeting, some committee members took a trip to northern California
to research existing skateboard facilities operated by Cities. Some of the facilities were as
new as a year or two old to one facility that was about 15 years old. The members talked
with skaters at the sites, saw positive and negative aspects of the facilities, and receive
information from residents in some of the surrounding neighborhoods. Upon returning home,
a phone survey of the Parks and Recreation Departments of the visited Cities was conducted.
Questions about safety, insurance, usage, design and other experiences were answered. The
City the held · noticed public meeting which was open to the entire community.
Skateboarding enthusiasts saw the first designs for a skate facility and made numerous
comments and suggestions for modification and refinement. A strong request was made for
the inclusion of a roller hockey rink in the plan.
Staff visited a privately owned and operated skateboard facility in Moreno Valley and a roller
hockey rink in Nuevo. J.F. Davidson and Associates incorporated the information gathered
at the public meeting and staff's research information and observations from other sites to
revamp the design. The redesign was presented to and unanimously supported by the project
committee.
The Master Plan provides a skateboard facility and a 180 by 85 feet roller hockey rink with
4" barrier walls. Both facilities are proposed to have lighting appurtenances. The Master Plan
also calls for parking to accommodate an additional 300 vehicles, a foot bridge over the
channel bed, pedestrian circulation element, group and individual picnic facilities, a
restroom/snackbar, and landscaping and irrigation. This project is designed to more
cohesively link the existing sports fields and tot lot to the new improvementa while providing
additional parking end improved access from Rancho Vista Road and Margarita Road.
FISCAL IMPACT: This project was budgeted and approved in the City's Capital
Improvement Program for FY 1993-94.
ITEM NO. 3
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
COMMUNITY SERVICES COMMISSION
(~HAWN D. NELSON
APRIL 11, 1994
TEMECULA TOWN ASSOCIATION LEASE OF THE
NORTHWEST SPORTS COMPLEX.
PREPARED BY:
HERMAN D. PARKER, RECREATION SUPERINTENDENT
RECOMMENDATION: That the Community Services Commission:
Approve the proposed Lease Agreement between the City of Temecula and the
Temecula Town Association for the use of the Northwest Sports Complex.
DISCUSSION: The City of Temecula Community Services Department is
proposing to enter a Lease Agreement with the Temecula Town Association (TTA).
This Lease Agreement will enable the TTA to use the Northwest Sports Complex to
hold their annual Golden Harvest Month events which includes the Great Temecula
Tractor Race, the Bruce Brill Memorial Chili Cook-Off and other activities between
August 5th and November 5th of each year for the next three (3) years. The Lease
Agreement would commence August 5, 1994 and terminate on November 5, 1996
and may be extended by mutual agreement between both parties for up to one (1)
year.
The Temecula Town Association will be required to pay user fees in compliance with
the City of Temecula Resolution No. 93-97. These fees will be determined and
assessed after the Temecula Town Association has completed and submitted the
required Facility Use form.
A copy of the proposed lease agreement is attached for your review.
CITY OF TEMECULA NORTHWEST SPORTSPARK CONCESSION LEASE
This Concession Lease ("Lease") is made and entered
into by and between the City of Temecula, a municipal corporation
("City") and the Temecula Town Association, a California non-
profit corporation ("TTA") as of April __, 1994.
WHEREAS, the City and TTA desire to enter into this Lease to
provide the terms and conditions upon which TTA will operate
various special events, collectively known as Golden Harvest-
Month at the Northwest Sports Park (the "Park").
NOW, THEREFORE, in consideration of the above recitals, and
of the mutual covenants, conditions and undertakings set forth
herein, the parties agree as follows:
1. Grant of Lease. City hereby lets to TTA and TTA hereby
leases from City the real property, hereinafter referred to as
the "Premises", described on Exhibit A, on the terms and
conditions and for the uses hereinafter specified, including,
without limitation, the exercise by TTA of the concession rights
granted in Section 4. The Premises are located in the Park.
Exhibit A includes a layout plan and legal description of the
Premises and the Park, and includes a description of the
improvements owned by the City, and included in the Lease to TTA.
2. Use Permits. This Lease is not in lieu of obtaining a Use
Permit or Minor Outdoor Event Permit. TTA agrees to procure all
permits and licenses requested by the City of Temecula to conduct
special events and to comply with all governmental rules,
regulations, statutes and ordinances. TTA agrees to pay all
facility use fees applicable to its Use Permit, as established
pursuant to Section 26 of City Ordinance No. 93-19 and Resolution
93-97. TEA may obtain a temporary Alcoholic Beverage Control
License for use of the property, subject to any conditions
imposed in the Special Events Permit. A community Service
Department "Facility Use" form listing the exact dates ofuse is
also required by June 15th of each year.
3. Term. This Lease shall commence August 5, 1994, and
terminate on November 5, 1996, and may be extended by mutual
agreement between both parties for up to one (1) year, with the
Director of Community Services (the "Director") acting on behalf
of the City. TEA may utilize the Premises only between the dates
of August 5 and November 5 of each calendar year. This Lease may
be terminated by either party by providing one hundred and eighty
(180) days written notice.
4. Concession Riahts Granted. Except as specifically provided
hereinafter to the contrary, TTA shall have the exclusive right
and obligation to use the Premises during the lease period for
recreational, entertainment, artistic and cultural activities,
and the reasonably necessary office and storage purposes
connected therewith. TTA shall not use the Premises for any
other purpose without the prior consent of the Director. The
attractions being offered by TTA shall include, but not be
limited to the Great Temecula Tractor Race, the Temecula
Professional Rodeo Cowboy Association Rodeo, the Bruce Brill.
Memorial Chili Cookoff and other related activities. Not later
than ninety (90) calendar days before TTA's first scheduled event
for each calendar year, TTA shall provide the Director with'a
schedule of all events. Should the Director object to the
schedule, the Director shall notify TTA of such objections within
ten (10) days. TTA shall promptly respond to Director's
objections and set forth a plan to mitigate and resolve the
objections to the satisfaction of the Director.
5. Fixtures. The Premises has been improved with: (i) 3/4
inch water pipes, including valves and faucets; (ii) phone lines;
and (iii) light poles and lights. These fixtures are the
property of the City. City will provide these fixtures to TTA in
good working order prior to August 5 of each year. TTA may use
these fixtures, and will be responsible for maintaining and
repairing said fixtures during the period it uses the Premises.
6. Limitations on Use of Premises. TTA shall not interfere
with the use and enjoyment of the portion of the Park outside the
Premises.
7. TTA Officers, Employees, Aaents and Volunteers. TTA will
use its best efforts to insure that its officers, employees,
agents and volunteers shall at all times conduct themselves in a
professional manner and that they will conform to all applicable
ordinances and regulations now applicable to the Park, as well as
all ordinances and regulations which may be adopted by the City.
In the event of any conflict of between this Lease and the Park
ordinances and regulations, the Park ordinance and regulations
shall control. TTA shall maintain a staff adequate to operate
and administer all facilities located on the Premises in a safe
and orderly manner. TTA agrees upon due cause being shown, to
take reasonable disciplinary action against its officers,
employees, agents and volunteers.
8. Merchandise. TTA agrees to sell merchandise and provide
services that are of good quality and condition. City retains
the right to require TTA to discontinue sale or use of those
items the Director reasonably determines are not acceptable, upon
five (5) days written notice by the Director. For sales tax
Ap~4,1994 2
purposes, the point of sale for all food, merchandise, admission
tickets, and services shall be the Park.
9. Third Party AGreements. TTA may, in conjunction with the
operation of the Premises, enter into agreements with third
parties concerning, among other things, advertising and signage
at the Premises, operation of the concessions, and sale of food,
beverage, and concession items at the Premises. All such third
party agreements shall be subject to the terms and conditions of
this Lease. The City reserves the right to review any and all
such third party agreements entered into by TTA for compliance
with the terms of this Lease. All contracts with such third
parties shall clearly provide that this Lease controls all
activities of such persons on the Premises. Additionally, all
contracts with such third parties shall contain insurance
provisions to protect the City which are acceptable to the City
and which are substantially similar to the provisions of Section
16.
10. Security and Traffic ManaGement Plan. TTA shall be
responsible for providing security and managing traffic in all
areas of the Premises under its exclusive control. TTA shall
prepare a Security and Traffic Management Plan ("Security and
Traffic Management Plan") setting forth the parking and traffic
plans to be used to hold any authorized event at the Premises.
The Security and Traffic Management Plan shall be prepared and
delivered to the Director not later than ninety (90) days prior
to the first event for each calendar year.
TTA shall be responsible and properly handle all waste
produced during any and all events on the Premises.
The Director shall notify TTA of the Director's comments
with respect to the Security and Traffic Management Plan within
thirty (30) days of the Director's receipt of the Plan. Should
the Director object to the Plan, TTA shall promptly respond to
the Director's objections and set forth a plan to mitigate or
resolve the objections to the reasonable satisfaction of the
Director.
11. Disorderly Persons. TTA shall use its best efforts to
permit no apparently intoxicated persons, profane or indecent
language, or boisterous or loud conduct in or about the Premises
and will call upon the aid of peace officers to assist and
maintain in the Premises peaceful conditions.
12. EmerGency Aid. TTA shall provide and staff an Emergency Aid
Station consistent with the size of the crowds for all of TTA's
events on the Premises to provide emergency medical aid to all
persons on the Premises. All persons staffing the Emergency Aid
Station shall, at a minimum, be currently certified in first aid
and CPR.
13. Damaae Provisions. TTA shall pay for the repair and/or
replacement of all damaged structures, equipment and facilities
in areas occupied or used by TTA which are damaged through any
act of TTA, its officers, employees, agents, volunteers,
subcontractors, and persons attending or participating in any TTA
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
turf, trees, scrubs and any other facilities, improvements or
equipment on the Premises.
14. Liens. TTA shall 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 Premises or fixtures or furnishings, or any part
thereof.
15. Improvements, Repairs and Maintenance. TTA shall make no
substantial alteration or repair to the Premises without the
prior consent of the Director, including but not limited to
grading, carpentry, electrical, sewer, paving and painting. TTA
shall, at its sole cost and expense, repair and maintain in good
order all utility lines inside the Premises.
16. Return of the Premises. Upon the termination of this Lease,
TTA shall return the Premises in as good as condition and repair
as the Premises now are or shall hereafter be put, reasonable
wear and tear excepted.
17. Indemnity and Insurance.
A. Liability. City 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 TTA or of anyone holding under
TTA; nor the occupancy or use of the Premises or any part thereof
by or under TTA; nor directly or indirectly from any state or
condition of said Premises or any part thereof during the term of
this Lease.
B. Hold Harmless Aareement. TTA shall defend, indemnify,
and hold City and its officers, agents, volunteers, and employees
harmless from any and all damages arising out of any act or
omission of TTA, its officers, employees, agents subcontractors,
volunteers and persons attending TTA events on the Premises,
except as the same may arise from the City's sole negligence,
gross negligence, recklessness, or intentional misconduct (or
that of City's agents or employees).
C. Liability Insurance. TTA agrees to procure and
maintain a policy or policies of comprehensive general liability
and property damage insurance for the benefit of TTA and City, in
amounts not less than that set forth below; and under and by the
terms of which, are protected from and insured against any and
all loss, damage or liability of whatsoever nature, arising out
of any act or omission of TTA, its employees, agents,
subcontractors, volunteers and persons attending TTA events on
the Premises. The limits of liability on any policy of public
liability and property damage shall be at least One Million
Dollars ($1,000,000.00) combined single limit for bodily injury
and property damage, including Liquor Liability. Additiona%ly,
TTA shall carry sufficient Fire Liability insurance for the
benefit of City to cover replacement value of the permanent .
structures within the Premises as well as City owned contents
thereof. The deductible on said policies shall not be more than
Ten Thousand Dollars ($10,000.00).
D. Workers' Compensation. A program of workers'
compensation insurance or a State-approved Self Insurance Program
in an amount and form to meet all applicable requirements of the
Labor code of the State of California, including Employer's
Liability with $1,000,000 limits, covering all employees of TTA
and all risks to such persons under this Lease.
E. Evidence of CoveraGe. TTA shall deliver to City within
ninety (90) calendar days of the first special event of each
calendar year, a certified copy of the insurance policy or
policies and all endorsements procured by TTA under the terms
hereof. Prior to occupying the Premises, or any part of it, TTA
shall deliver certificates of the coverage from the insurance,
which certificates shall, among other things, name the company
writing the same, and list the policy number, amount of coverage,
and provisions thereof.
F. Premium Payments. TTA shall pay any and all premiums
or other expenses arising in connection with the furnishing of
the insurance required by TTA as herein provided.
G. Additional Named Insured. Except for Workers'
Compensation Insurance, City shall be an additional named insured
under said policy or policies of insurance. TTA shall maintain
in full force from August 5 to November 5 of each calendar year
all insurance required under this Lease. TTA shall provide all
required evidence of such insurance no later than July 1 of each
year. TTA shall be required to inform City of any change,
expiration or renewal of any insurance policy or policies at
least thirty (30) calendar days prior to the effective date of
change. Further, each policy shall provide the same shall not be
canceled until a thirty (30) calendardaywritten notice of
cancellation has been mailed to the City. All insurance policies
Apn*a 4, xsp~,4 5
required hereunder shall contain language to the effect that (i)
the insurer waives the right of subrogation against City and
against any and all of the City's officers, agents, volunteers,
and employees, and (ii) the policies are primary and non-
contributing with any insurance that may be carried by City.
H. Cancellation of Insurance. In the event City receives
a thirty (30) calendar day written notice of cancellation
concerning any of the required policies, or should TTA fail to
have in effect the required coverage at any time during this.
Lease, City may give notice to TTA to reinstate or acquire the
affected coverage, and TTA shall not conduct any events on the
Premises until all required insurance is in effect. ShoUld'TTA
fail to reinstate or acquire the affected coverage within five
(5) days of City's notice to reinstate or acquire such coverage,
City may reinstate or acquire the affected coverage, and TTA
shall reimburse City for the necessary cost. If TTA does not
reimburse City within ten (10) days after demand by City, City
shall have the right to invoice TTA and TTA shall be responsible
for paying said amount.
I. General Insurance Provisions.
a. All insurance provided for under this Section
shall be annually reviewed by the Director for the purpose of
increasing the minimum limits of such insurance to amounts which
may be reasonable and customary for similar facilities of like
size and operation.
b. All insurance herein provided for under this
Section shall be effected under policies issued by insurers of
recognized responsibility licensed or permitted to do business
the State, rated Best's at A-7 or better, and approved by the
City Risk Manager.
c. Any insurance required to be maintained by TTA
pursuant to this Section may be taken out under a blanket
insurance policy or policies covering other premises or
properties, and other insureds in addition to the Parties hereto.
Any such policy or policies of blanket insurance shall specify
therein, or supplemental written certification from the insurance
allocated to the coverage to be provided under this Section and
provided further, that in all other respects, any such blanket
policy shall comply with the other provisions of this Section.
18. Assignment and Subletting. TTA shall not assign its
interest in this Lease or in the Premises to any person or entity
without first obtaining the Director's consent. Any assignment
or sublease without the Director's consent shall be voidable and,
at the Director's election, shall constitute a default. No
consent of the Director should be required for agreements with
vendors, concessionaires and advertisers at the Premises, or
booking or other performance agreements with entertainers.
19. Default and Right to Terminate.
A. If TTA should fail to perform, keep or observe any
of the terms, conditions or covenants as set forth in this Lease,
City shall give TTA notice to correct the failure within said
thirty (30) days, and if such action is not cured by TTA within
thirty (30) day period, TTA shall be in default of this Leaseand
TTA's rights hereunder shall at the option of the City, be.-
terminated and forfeited. Such election to terminate shall not
be construed as a waiver of any claim the City may have ~gainst
TTA, consistent with such termination.
(1) If, however, any failure is of such nature
that it cannot be physically remedied within thirty (30) days,
and if TTA 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.
(2) Upon any termination of this Lease, TTA
covenants and agrees to surrender and to forfeit this Lease, and
deliver up the Premises peaceably to the City immediately upon
any such termination. If said TTA shall remain in possession of
said Premises after any termination of this Lease, TTA shall be
deemed guilty of an unlawful detention of the Premises.
B. Notwithstanding any other provision of this Lease
to the contrary, the City shall not be deemed to be in default
until thirty (30) days after notice of default is given by the
TTA to the City. If such default cannot be cured within such
thirty day period, the City shall not be deemed to be in default
provided that, within such thirty (30) day period, the City shall
commence and thereafter diligently prosecute efforts to cure the
default.
20. Temecula MotorsDorts Park. TTA acknowledges that City is a
party to a Agreement, dated May 17, ]993 , with Donald
Shoemaker doing business as the Temecula Motorsports Park
("Shoemaker"). Pursuant to the Shoemaker Agreement, City has
granted to Shoemaker certain specific rights with respect to the
Park. TTA acknowledges that from the commencement date hereof
through term of the Shoemaker Agreement, City is obligated to
honor the terms and conditions of said Agreement. TTA agrees
that it shall take no action which it knows or reason to believe
will violate the terms of the Shoemaker Agreement.
21. Use. TTA agrees to maintain the property free and clear of
garbage and debris and to permit only legal activities consistent
with the staging of Golden Marvest Month. No dumping, storage of
hazardous or toxic waste, nor the maintenance of any nuisance,
public or private shall be permitted rights across any contiguous
parcels and TTA agrees to secure all such required access at its
sole cost and expense. Any grading or stockpiling of dirt on the
property must be approved by the City Engineer.
22. Storaae. TTA may store on the Premises the bleachers,
booth, announcers stands and waste bins necessary and appropriate
to the staging of Golden Harvest Month activities from the date
of this Lease through November 5, 1996. The City may relocate
this equipment when TTA is not using the Premises between
November 5 and August 5 of each year, provided the City returns
the equipment prior to August 5.
23. Utilities. City shall install permanent electric power at a
minimum of 408 amps to the Park no later than ,
1994. TTA shall be responsible for payment of all utility costs,
plus an annual fee of $ due July 1 of each year,
representing the partial cost of permanent electrical power.
City shall bill TTA for all utility costs between August 5th and
November 5th for the duration of this Agreement.
24. Fencinq. TTA has installed temporary fencing on the
Premises. This fencing is the property of TTA. TTA may maintain
the fencing on the Premises from the date of this Lease through
November 5, 1996. City may relocate this facility when TTA is
not using the Premises between November 5 and August 5 of each
year, provided the City returns the fencing prior to August 5.
25. Notice. All notices under this Agreement shall be made via
United States First Class mail to the following:
CITY:
CITY OF TEMECULA
43174 Business Park Drive
Temecula, CA 92590
Attention: City Clerk
TTA:
THE TEMECULA TOWN ASSOCIATION
P.O. Box 435
Temecula, CA 92590
Attention: Bill Marker
26. Attornev's Fees. In the event of any controversy related to
the enforcement or interpretation of any term or condition of
this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and costs.
Ap~4,1994 8
27. Entire Agreement. This Lease, 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 Lease, and no prior agreement or understanding pertaining to
any such matter shall be effective for any purpose.
28. Amendments. No provision of this Lease may be amended or
added to except by an agreement in writing.
Executed on the date first above written:
THE TEMECULA TOWN ASSOCIATION
By
Name
Title
CITY OF TEMECULA
ATTEST:
By
Jeff Nimeshein, Chairman
Cormmunity Services Commission
By
June Greek, City Clerk
APPROVED AS TO FORM:
By
Scott F. Field, City Attorney