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HomeMy WebLinkAbout091195 CSC AgendaAGENDA TEMECULA COMMUNITY SERVICES COMMISSION ADJOURNED REGULAR MEETING TO BE HELD AT TEMECULA CITY HALL Monday, September 11, 1995 7:00 P.M. CALL TO ORDER: Flag Salute Commissioner Comerchero ROLLCALL: Comerchero, Nimeshein, Rund, Soltysiak, Miller PRESENTATIONS: Mike Wolff, Public Works Inspector Opal Hopcroft, City of Temecula Volunteer Glen Bohanan, City of Temecula Volunteer June Ehrlich, Cloud Nine Limo 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 n~; 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 Commission Secretary before the item is addressed by the Commission. There is a three (3) minute time limit for individual speakers, NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Commission request specific items be removed from the Consent Calendar for separate action. DIVISION REPORTS COMMISSION BUSINESS ADoroyal of the Minutes RECOMMENDATION: 1.1 Approve the minutes of the July 1 O, 1995 Community Services Commission meeting. 1.2 Approve the minutes of the July 21, 1995 Community Services Commission Meeting. Rotary Park - Lease Aoreement RECOMMENDATION: 2.1 Approve the Lease Agreement between the City of Temecula and the Temecula Town Association for the operation and maintenance of Rotary Park. 2.2 Recommend the official name of this proposed park.site be Rotary Park. Namino of NewIv Acouired Part Site RECOMMENDATION: 3.1 Recommend a name for the Duck Pond Site for consideration by the Board of · Directors. COMMUNITY SERVICES DIRECTOR REPORT COMMUNITY SERVICES COMMISSION REPORT ADJOURNMENT The next regular meeting of the City of Temecula Community Services Commission will be held on Monday, October 9, 1995, 7:00 P.M., at Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA COMMUNITY SERVICES COMMISSION Monday, July 10, 1995 A regular meeting of the City of Temecula Community Services Commission was called to order on Monday, July 10, 1995, 7:00 P.M., at Temecula City Hall Main Conference Room, 43174Business Park Drive, Temecula, California. The meeting was called to order by Chairman Henry Miller. Commissioner Comerchero led the flag salute. PRESENT: 4 COMMISSIONERS: Comerchero, Nimeshein, Rund, Miller ABSENT: I COMMISSIONERS: Soltysiak Also present were Community Services Director Shawn Nelson, Deputy Director Herman Parker, Maintenance Superintendent Bruce Hartley, and Administrative Secretary Gail Ziglet. PRESENTATIONS The Community Services Commission presented Certificates of Appreciation to the following individuals for their service to the City of Temecula: Tom Leevers Bob Taylor Ryan Hurst, Public Works Maintenance Worker Randy West, Public Works Maintenance Worker Mike Currell, Public Works Maintenance Worker Terry Kirk, Public Works Maintenance Worker Director Nelson also thanked these individuals for their community involvement and service. Chairman Miller declared a recess at 7:07 P.M. The meeting reconvened at 7:20 P.M. DIVISION REPORTS Deputy Director Herman Parker reported the following: 4th of July activities: Parade through Old Town Temecula, 9:00 A.M. to 12:00 Noon, 70 entries, approximately 8,000 to 10,000 in attendance Fireworks event at Rancho California Sports Park, 12:00 Noon to 9:30 P.M., co-sponsored by KRTM Radio. Five different local artist bands provided entertainment, as well as, various arts and crafts vendors, food vendors and COMMUNITY SERVICES COMMI881ON MINUTES JULY 10,1995 jolly jumps and dunk tank activities, ware offered at the Sports Park throughout the day. The 4th of July Fireworks Spectacular began at 9:00 P.M., synchronized to patriotic music, and lasting approximately 23 minutes. Softball registrations have been completed. There are an additional nine new teams signed up this year. Magic Mountain tickets are on sale now through the Community Services Department. Tickets are $17.50 each and can be used from July 29, 1995 through August 31, 1995. Commissioner Comerchero commended staff on an excellent 4th of July program. He suggested staff do some preventative maintenance work on the City's float. Commissioner Comerchero suggested staff consider concluding the parade with festivities which take place in Old Town, immediately following the July 4th parade. Deputy Director Parker said staff works with the Old Town merchants on a continuous basis to coordinate their events with the City's proposed events. He stated that the merchants had not advised the City of any events they had planned for the 4th of July this year. Commissioner Rund advised staff she lives in the Starlight Ridge tract and experienced people using the slope to her residence to view the fireworks display. Deputy Director Parker told the Commission that staff and the Police Department will be holding a debriefing of the entire event and he would discuss her concerns. Mayor Stone suggested staff ask the California Highway Patrol to assist with traffic control at Highway 79 South at future events to alleviate traffic congestion. Maintenance Superintendent Bruce Hartlay reported the following: Staff has worked diligently to prepare for the following events which have taken place in the last month: Father's Day Car Show at the Sports Park 4th of July parade and Sports Park activities and fireworks event Staff is currently in the process of renovating the turf at numerous ball fields. * Nakayama Park is beginning construction, anticipate completion in six months. Staff is monitoring the renovations at St. Catherine's Church at Sam Hicks Monument Park. COMMUNITY SERVICES COMMISSION MINUTES JULY 10, 1995 * The City Council will award a contract for Sam Hicks Monument Park next month. * Pala Community Park is currently in the 90 day maintenance period. Anticipate dedication of park at the end of August, 1995. COMMISSION BUSINESS 1. Aooroval of Minutes 1.1 Approve the Minutes of the June 12, 1995, Community Services Commission meeting. Commissioner Nimeshein expressed some concern that the .minutes did not contain enough information regarding the main points of discussion concerning various agenda items. Director Nelson stated that although the City Council has adopted a format of preparing "Action Minutes", staff will attempt to provide more information regarding the main points of discussion as it relates to particular agenda items. It was moved by Commissioner Nimeshein, seconded by Commissioner Rund to approve the minutes as submitted. The motion carried as follows: AYES: 4 COMMISSIONERS: Comerchero, Nimeshein, Rund, Miller NOES: 0 COMMISSIONERS: None ABSENT: I COMMISSIONERS: Soltysiak 1.1 Approve the minutes of the June 19, 1995, Community Services Commission meeting. It was moved by Commissioner Comerchero, seconded by Commissioner Nimeshein, to approve the minutes as submitted. The motion carried as follows: AYES: NOES: ABSENT: 3 COMMISSIONERS: 0 COMMISSIONERS: I COMMISSIONERS: Comerchero, Nimeshein, Miller None Soltysiak COMMUNITY SERVICES COMMISSION MINUTES JULY 10,1995 ABSTAIN: 1 COMMISSIONERS: Rund Summer Day Camo and Aouatics Prooram UPdate Deputy Director Herman Parker presented the staff report and slide presentation, outlining the City of Temecula Community Services Department summer day camp and acluatics programs. This item was receive and file, no action was taken by the Commission. Amendment to the Citv's Capital Imorovement Prooram - FY 1995-96 Director Shawn Nelson presented the staff report, amending the Capital Improvement Program (CIP) to include a park site located adjacent to the Winchester Creek development. Commissioner Nimeshein asked what staff envisioned as use for this park. Director Nelson stated that staff will design the park site as a passive use park. It was moved by Commissioner Nimeshein, seconded by Commissioner Comerchero to recommend the Capital Improvement Program (CIP) be amended to include a park site located adjacent to the Winchester Creek development. The motion carried as follows: AYES: NOES: ABSENT: 4 COMMISSIONERS: 0 COMMISSIONERS: I COMMISSIONERS: Comerchero, Nimeshein, Rund, Miller None Soltysiak Cancellation of the Auaust 14, 1995 Community Services Commission Meeting It was moved by Commissioner Nimeshein, seconded by Commissioner Rund to cancel the regularly scheduled Community Services Commission meeting of Monday, August 14, 1995. The motion carried as follows: AYES: NOES: ABSENT: 4 COMMISSIONERS: 0 COMMISSIONERS: I COMMISSIONERS: Comerchero, Nimeshain, Rund, Miller None Soltysiak COMMUNITY SERVICES COMMISSION MINUTES JULY 10, 1995 COMMUNITY SERVICES DIRECTOR REPORT Director Nelson advised the Commission after the park tour on Friday, July 21, 1995, he would like to hold a roundtable discussion with the Commission to talk about future park projects and programs. Director Nelson advised the Commission he received a renewal for the Commissions membership to California Association of Park and Recreation Commissioners and Board Members (CAPRCMB), and asked if they found the literature they received as member of this organization, beneficial to them as Commissioners. The majority consensus of the Commissioners is they would like to continue and receive the mailings from CAPRCMB. COMMUNITY SERVICES COMMISSIONER REPORT Commissioner Comerchero advised he participated in the Children's Disney Art program competition and he felt it was a great event. Commiesioner Comerchero said he would like to see more programs in the future which will broaden cultural horizons. ADJOURNMENT Chairman Miller declared the meeting adjourned at 8:25 P.M. A special meeting of the City of Temecula Community Services Commission will be held on Friday, July 21, 1995, 9:00 A.M., at Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. The Community Services Commission will be touring City Park facilities. The next regular meeting of the Community Services Commission will be held on Monday, September 11, 1995, 7:00 P.M., Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. Secretary Chairman, Henry Miller MINUTES OF A SPECIAL MEETING OF THE CITY OF TEMECULA COMMUNITY SERVICES COMMISSION HELD FRIDAY, JULY 21, 1995 A special meeting of the City of Temecula Community Services Commission was called to order on Friday, July 21, 1995, 9:00 A.M., at Temecula City Hall. The purpose of the special meeting was to conduct a park tour and hold a roundtable discussion of ideas for park programs, etc., as follows: Chairman Henry Miller Suggested the Commission address the rules and regulations for the new skateboard park facility. Chairman Miller said he feels in-line skating should be integrated into the design of the skateboard park facility. Director Shawn Nelson advised the Commission the park was designed to accommodate both in-line skates and skateboards. Commissioner Nimeshein said he feels the Commission should wait for the park to open and see where there may be areas of concern. Director Nelson added that rules and fees could be discussed at that time, and will be placed on a future agenda. Invite the Pala Indians to participate in the Pala Community Park dedication ceremony. Director Nelson said he would contact the Pala Chairman and invite the tribe to attend the festivities. Encourage sand volleyball exhibition at Pala Community Park. Look for a pro-team to come to Temecula. Commissioner Jeff Comerchero * Suggested the City consider offering a P.E. program for "home schooled" or open the gym for a designated period of time during the week to be used by "home schooled" students. * Off-road course for motorcycle and all-terrain vehicles. Commissioner Jeff Nimeshein * Said he feels the department should develop new markets and expand recreation programs and services to encompass them. His suggestions included: COMMUNITY SERVICES COMMISSION MINUTES JULY 21, 1995 Softball leagues, tennis leagues and basketball leagues for older age groul~s. Programs which focus on specific age groups. Human services programs. Chairman Miller declared the meeting adjourned at 12:35 P.M. The next regular meeting of the City of Temecula Community Services Commission will be held on Monday, September 11, 1995, 7:00 P.M., Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. Chairman Henry Miller Secretary ITEM NO. 2 CITY OF TEMECULA AGENDA REPORT TO: Community Services Commission FROM: Shawn D. Nelson, Director of Community Services DATE: September 11, 1995 SUBJECT: Rotary Park - Lease Agreement PREPARED BY: Herman D. Parker, Deputy Director of Community Services'~'~ RECOMMENDATION: That the Community Services Commission: Recommend that the City Council approve the Lease Agreement between the City of Temecula and the Temecula Town Association in substantially the form submitted for the operation and maintenance of Rotary Park. 2. Recommend the official name of this proposed park site be Rotary Park. BACKGROUND: The Temecula Sunrise and Noon Rotary Clubs are currently in negotiations to execute a Right of Entry Agreement with the Temecula Town Association to construct an approximate one acre park site on the Temecula Town Association's property. It is the intent of Rotary to construct the park site as a community service project to benefit the residents of Temecula. This park site is located at 28816 Pujol Street, directly to the north side of the Temecula Town Association's Community Center. The attached map outlines the proposed park site location end boundaries. The initial development phase of this park site will include the installation of irrigation, hydroseed, trees, and sidewalk areas. It is envisioned that additional development phases will include other park amenities such as tot play areas, picnic tables and barbecues. In consideration of the Rotary Club's investment in this site, it is recommended that the park be named Rotary Park. After discussions with the Rotary Club and the Temecula Town Association, it is recommended that the City enter into a lease agreement with the Temecula Town Association to operate and maintain the proposed park site as a public park and become part of the City's park system. The proposed lease agreement is for a term of 20 years with an option to extend the lease for two 10 year periods. The City would pay $1.00 per year for rent and be responsible for all maintenance and operation costs for the park. The Pujol/Main Street neighborhood of Temecula is an area that would benefit greatly from the development of this park site. It would provide passive recreational opportunities within walking distance for most residents of this neighborhood. FISCAL IMPACT: Costs associated with the construction of the park will be paid by the Rotary Club. Annual operation and maintenance costs is estimated at $4,545.00and will be absorbed in the TCSD Operating Budget for FY 1995-96. REAL PROPERTY LEASE BETWEEN TEMECULA TOWN ASSOCIATION and CITY OF TEMECULA Property Address: 28816 Pujol Street Temecula, California ORANGE:4633.2 TABLE OF CONTENTS PAGE Preamble and Recitals ................... -1- ARTICLE 1. LEASE OF PREMISES AND TERM OF LEASE ....... '1- Section 1.01 Agreement to Lease ...................... '1- Section 1.02 Status of Title ......................... '1- Section 1.03 Term of I,t, ase ......................... -1- ARTICLE 2. RENT .................................. '2- Section 2.01 Minimum Rent ......................... -2- Section 2,02 Time and Place for Payment of Rent ............ -2- Section 2.03 No Pamership or Joint Venture .............. -2- ARTICLE 3. USE OF PREMISES ......................... -2- Section 3.01 Permitted Use ......................... '2- Section 3.02 Compliance with Laws .................... -2- Section 3.03 Prohibited Uses ........................ -3- ARTICLE 4. TAXES AND UTIL1TI5 ...................... '3- Section 4.01 Tenant to Pay Taxes ..................... '3- Section 4.02 Proration of First and Last Year Taxes .......... -3- Section 4.03 Separate Assessment of Leased Premises ......... -3- Section Section Section Section 4.04 Payment Before Delinquency ................ 4.05 Taxes Payable in Installments ................ -4- 4.06 Tax Hold-Hanrdess Clause .................. 4.07 Utilities ............................. -4- ARTICLE 5. CONSTRUCTION BY TENANT .................. Section 5.01 Requirement of. Landlord's Written Approval ...... Section Section Section Section -5- -5- 5.02 Compliance With Law and Standards ........... -5- 5.03 Mechanics' Lien ........................ -5- 5.04 Zoning and Use Permits ................... -5- 5.05 Ownership of Improvements ................. -5- ARTICLE 6. REPAIRS AND RESTORATION ................. '6- Section 6.01 Maintenance by Tenant .................... -6- Section 6.02 Requirements of Governmental Agencies ......... '6- Section 6.03 Tenant's Duty to Restore Premises ............. -6- Section 6.04 Option to Terminate Lease for Destruction ........ -6- ZGE:4633.2 ARTICLE 7. INDEMNITY AND INSURANCE ................. Section 7.01 Indemnity Agreement ..................... -7- '7- Section 7.02 Liability Insurance ....................... '7- Section 7.03 Fire and Casualty Insurance ................. '8- Section 7.04 Specific Perils to be Insured ................. -8- Section 7.05 Deposit of Insurance With l~ndlord ............ -8- ARTICLE 8. DEFAULT AND REMI:-DIES ................... Section 8.01 Continuation of Lease in Effect ............... -8- '8- Section 8.02 Termination and Unlawful Detainer ............ '8- Section 8.03 Breach and Default by Tenant ................ -9- Section 8.04 Cumulative Remedies ...... ; .............. -9- Section 8.05 Waiver of Breach ....................... -9- Section 8.06 Surrender of Premises ................... -10- ARTICLE 9. MISCELLANEOUS ......................... -10- Section 9.01 Section 9.02 Section 9.03 Section 9.04 Section 9.05 Section 9.06 Section 9.07 Section 9.08 Section 9.09 Section 9.10 Section 9.11 Section 9.12 Force Majeum ........................ -lO- Attomey's Fees ....................... '10- Notices to Landlord ..................... -10- Notices to Tenant ...................... '10- Governing Law ........................ - 11 - Binding on Heirs and Successors ............. -ll- Partial Invalidity ....................... - 11 - Sole and Only Agreement ................. -ll- Time of Essence ....................... - 11- Memorandum of Lease for Recording .......... -11- Counterpare ......................... - 1 l- Authority to Execute .................... -11- REAL PROPERTY I.F.&SE Preamble and Recitals This Lease is entered into on this day of , 199_, is by and between Temecula Town Association, a California non-profit corporation, referred to in this Lease as *Landlord, * and the City of Temecula, a California general law municipal corporation, referred to in this Lease as "Tenant." A. Landlord is the owner of certain real property in the County of Riverside, State of California, described on Exhibit 'A, ' which is attached and made a part of this Lease (referred to in this Lease as "the Premises'). B. Tenant desires to Lease the Premises (together with certain appurtenant rights and easements) for the purpose of a public park, appurtenant parking areas and other rehted improvements (collectively referred to in this Lease as 'the Improvements') in accordance with the agreement of the parties as set forth in this Lease. NOW, TI-~P,F, FORE, in consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: ARTICLE 1. LEASE OF PREMISES AND TERM OF LEASE Section 1.01 Agreement to Lease. For and in consideration of the rents to be paid and covenants to be performed by Tenant under this Lease, l~ndlord hereby agrees to lease the Premises to Tenant, and Tenant agrees to lease the Premises from Landlord, on the terms and conditions set forth in this Lease. Except as expressly othenvise provided in this Lease, "the Premises" includes the real property plus any appurtenances and easements described in Exhibit "A" of this Lease, exclusive of any appurtenances, easements, or Improvements on or hereafter located on the Premises, which such Improvements are specifically reserved to Landlord on Exhibit 'B" attached hereto and incorporated herein by this reference. Section 1.02 Status of Title. Title to the leasehold estate created by this Lease is subject to all exceptions, easements, rights, fights-of-way, and other matters of record set forth on the Preliminary Title Report issued by Continental Lawyers Title Company, dated June 14, 1995, a copy of which is attached as Exhibit "C." Section 1.03 Ten of Lease. The term of this Lease shall be for a period of twenty (20) years commencing on the 1st day of November, 1995, and continuing for the same period thereafter, unless terminated earlier or extended as provided in this Lease. Tenant shall have an option to extend this Lease for two (2) ten (10 year periods. Rent for the option periods shall be as set forth in Section 2.01. Tenant shall exercise the rights of the option within six (6) months of the end of the tint twenty (20) year period or six (6) months of the end of the first option period. ARTICLE 2. RENT Section 2.01 Minimum Rent. Tenant agrees to pay to Landlord minimum annual rent ("Minimum Rent") for each year during the term of this Lease in the following amounts: a. $1.00 per year for each of the first twenty (20) years of this Lease; b. $1.00 per year for the next ten (10) years of this Lease; and, $1.00 per year for the fmal ten (10) years and each ensuing year of the I~.~se. Section 2.02 Time and Place for P~yment of Rent. All Minimum Rent provided in Section 2.01 of this Lease shall be paid by Tenant on an annual basis on the first day of each fiscal year. All rent required under this Lease shall be paid to Landlord at 28816 Pujol Street, Temecula, California, or any other place or places that Landlord may designate by written notice to Tenant. Section 2.03 No Partnership or Joint Venture. Nothing in this Lease shall be construed to render the l~ndlord in any way or for any purpose a partner, joint venturer, or associate in any relationship with Tenant other than that of Landlord and Tenant, nor shall this Lease be construed to authorize either to act as agent for the other. Nothing in this Lease shall be construed to render the Tenant in any way or for any purpose a partner, joint ventorer, or associate in any relationship with Landlord other than that of Tenant and Landlord, nor shall this Lease be construed to authorize either to act as agent for the other. ARTICLE 3. USE OF PREM/SES Section 3.01 Permitted Use. Tenant shill use the Premises solely for the purpose of constmcring, maintaining, and openring a public park and associated recreational facilities. Tenant shall not change the primary use of the Premises without first obtaining the written consent of the landlord. Section 3.02 Coml)liance with Laws. Tenant shill, at Tenant's own and sole cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal, including those requiring capital improvements to the Premises or Improvements, relating to any use and occupancy of the Premises (and specifically not limited to any particular use or occupancy by Tenant), whether those statutes, ordinances, regulations, and requirements are now in force or are subsequen~y enacted. If any license, permit, or other governmental authorization is required for the lawful use or occupancy of the Premises or any potion of the Premises, the ORANGE:4~33.2 -2- Tenant shall procure and maintain it throughout the term of this Lease. Section 3.03 Prohibited Uses. Tenant shall not use or permit the Premises or any portion of the Premises to be improved, developed, used, or occupied in any manner or for any purpose that is in any way in violation of any valid law, ordinance, or regulation of any federal, state, county, or local governmental agency, body, Or entity. Furthermore, Tenant shall not maintain, commit, or permit the maintenance or commission of any nuisance as now or hereafter defined by any statutory or decisional law applicable to the Premises or any part of the Premises. ARTICLE 4. TAXF-~ AND UTILITIES Section 4.01 Tenant to Pay Taxes. Tenant shall pay during the term of this Lease, without abatement, deduction, or offset, any and all real and personal property taxes, general and special assessments, and other charges (including any increase caused by a change in the tax rate or by a change in assessed valuation) of any description levied or · assessed during the term of this Lease by any governmental agency or entity on or against the Premises, the Improvements located on the Premises, personal property located on or in the Premises or Improvements, and the leasehold estate created by this Lease. Tenant shall make application to have any applicable real property taxes otherwise owed during the term of this Lease to be canceled in light of the public use, enjoyment, and benefit the Premises are being put. Section 4.02 Proration of First and Last Year Taxes. Notwithstanding the provisions of Section 4.01 of this Lease, all taxes, assessments, or other charges levied or assessed during the tax years in which the term of this Lease commences and ends shall be prorated between Landlord and Tenant as of 12:01 A.M. on the date the term commences and on the date the term ends, respectively, on the basis of tax years that commence on July 1 and end on June 30 of each year. Landlord shall pay the taxes, assessments, or other charges for the year in which the term of this Lease commences and Tenant shall promptly, on service of written request by Landlord, reimburse Landlord for Tenant' s share of those taxes, assessments, or other charges for the year in which this Lease is to end; and Landlord shall promptly, on service of written request by Tenant, reimburse Tenant for Landlord's share of those taxes, assessments, and other charges. Section 4.03 Separate Assessment of Leased Premises. Should the Premises be assessed and taxed with or as part of other property owned by Landlord prior to commencement of the term of this Lease, Landlord shall arrange with the taxing authorities to thereafter have the Premises taxed and assessed as a separate parcel distinct from any other real or personal property owned by Landlord. Should the Premises be assessed and taxed for the year in which this Lease is to commence with or as part of other property owned by Landlord, the share of the taxes, assessments, or other charges for which Tenant is liable to pay pursuant to Section 4.02 shall be determined as follows: Tenant shall pay an amount equal to that pertion of the taxes, assessments, and other charges that bears the same 3E:4633.2 '3- ratio to the total of the taxes, a~sessments, and other charges as the ground area of the Premises bears to the ground area of the total taxed property. Section 4,04 Payment Before Delinquency. Any and all taxes and assessments and installments of taxes and assessments required to be paid by Tenant under this Lease shall be paid by Tenant at least ten (10) days before each such tax, assessment, or installment of tax or assessment becomes delinquent. On the written request of Landlord, Tenant shall deliver to Landlord the official and original receipt evidencing the payment of any taxes, assessments, and other charges required under this Article. Section 4.05 Taxes Payable in Installments. Should any special tax or assessment be levied on or assessed against the Premises that may be either paid in full prior to a delinquency date within the term of this Lease or paid in installments over a period either within or extending beyond this Lease, Tenant shah have the option of paying the special tax or assessment in installments. The fact that the exercise of the option to pay the tax or assessment in installments will cause the Premises to be encumbered with bonds or wffi cause interest to accrue on the tax or assessment is immaterial and shall not interfere with the free exercise of the option by Tenant. Should Tenant exercise the option to pay any such tax or assessment in installments, Tenant shall be liable to pay only those installments becoming due during the term of this Lease. Landlord shall cooperate with Tenant and on written request of Tenant execute or join with Tenant in executing any instruments required to permit any such special tax or assessment to be paid in installments. Section 4.06 Tax Hold-Harmless Clause. Tenant shall indemnify and hold Landlord and the property of Landlord, including the Premises and any Improvements on or hereafter located on the Premises, free and harmless from any liability, loss, or damage resulting from any taxes, assessments, or other charges required by this Article to be paid by Tenant and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes, assessments, or other charges. Section 4.07 Utilities. Tenant shall pay or cause to be paid, and hold Landlord and the property of Landlord including the Premises free and harmless from, all charges for the furnishing of gas, water, electricity, telephone senrice, and other public utilities to the Premises during the term of this Lease and for the removal of garbage and rubbish from the Premises during the term of this I?atse. Section 4.08 Payment by Landlord. Should Tenant fail to pay within the time specified in this Article any taxes, assessments, or other charges required by this Article to be paid by Tenant, Landlord may, without notice to or demand on Tenant, pay, discharge, or adjust that tax, assessment, or other charge for the benefit of Tenant. In that event, Tenant shall promptly on written demand of Landlord reimburse Landlord for the full amount paid by Landlord in paying, discharging, or adjusting that tax, assessment, or other charge together with interest thereon at the then-maximum legal rate from the date of payment by Landlord until the date of repayment by Tenant. If this Article does not specify the time ORA.NGE:4633.2 -4- within which Tenant must pay any charge required by this Article, Tenant shall pay that charge before it becomes delinquent. ARTICLE 5. CONSTRUCIION BY TENANT Section 5.01 Requirement of Landlord's Written Approval. No structure or other improvement of any kind shall be constructed on the Premises unless and until the plans, specifications, and proposed location of that structure or improvement have been approved in writing by Landlord. Furthermore, no structure or other improvement shall be constructed on the Premises that does not comply with plans, specifications, and locations approved in writing by l~ndlord. Section 5.02 Compliance With Law and Standards. All work on the Premises shall be performed, and all buildings or other improvements on the Premises shall be erected in accordance with all valid laws, ordinances, regulations, and orders of all federal, state, county, or local governmental agencies or entities having jurisdiction over the Premises; provided, however, that any structure or other improvement erected on the Premises, shall be deemed to have been constructed in full compliance with all such valid laws, ordinances, regulations, and orders when a valid final Certificate of Occupancy entitling Tenant to occupy and use the structure or other improvement has been duly issued by proper governmental agencies or entities. All work performed on the Premises pursuant to this Lease, or authorized by this Lease, shall be done in a good workmanE_~e manner and only with new materials for good quality and high standard. Section 5.03 Mechanics' Lien. At all times during the term of this Lease, Tenant shall keep the Premises and all Improvements now or hereafter located on the Premises free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to the Premises. Section 5.04 Zoning and Use Permits. Should Tenant deem it necessary or appropriate to obtain any use permit, variance, or rezoning of the Premises in order to construct or operate the Premises as a public park, Landlord agrees to execute any · documents, petitions, applications, and authorizations that.may be necessary or appropriate and hereby appoints Tenant as Landlord' s attorney-in-fact to execute in the name and on behalf of Landlord any such documents, petitions, applications, or authorizations; provided, however, that any such permits, variances, or rezoning shall be obtained at the sole cost and expense of Tenant and Tenant agrees to protect and save Landlord and the property of Landlord, including the Premises, free and harmless from any such cost and expense. Section 5.05 Ownership of Improvements. Title of all Improvements, to be constructell on the Premises by Tenant shall be owned by Tenant until expiration of the term or earlier termination of this Lease. Unless otherwise agreed in writing between the parties at the Plans and Specifications stage, all Improvements on the Premises at the expiration of the term or earlier termination of this Lease shall, without compensation to Tenant, then automatically and without any act of Tenant or any third party become Landlord's proper~y. Tenant shill surrender the Improvements to I-andlord at the expiration of the term or earlier termination of this Lease, free and clear of all liens and encumbrances, other than those, if any, permitted under this Lease or othexwise created or consented to by l-nndlord. Tenant agrees to execute, acknowledge, and deliver to Landlord any instrument requested by Landlord as necessary in Landlord's opinion to perfect l~ndlord's fight, title, and interest to the Improvements and the Premises. ARTICLE 6. REPAIRS AND RESTORATION Section 6.01 Maintenance by Tenant. At all times during the term of this I2ase Tenant shall, at Tenant's own cost and expense, keep and maintain the Premises, all Improvements, and all appurtenances (including landscaped and parking areas) now or hereafter on the Premises in a first-class condition and in good order and repair. Section 6.02 Requirements of Governmental A_gencies~ At all times during the term of this Lease, Tenant, at Tenant's own and sole cost and expense, shall: (a) Make all alterations, additions, or repairs to the Premises or the Improvements on the Premises required by any valid law, ordinance, statute, order, or regulation now or hereafter made or issued by any federal, state, county, local, or other governmental agency or entity; Observe and comply with all valid laws, ordinances, statutes, orders, and regulations now or hereafter made or issued respecting the Premises or the Improvements on the Premises by any federal, state, county, local, or other governmental agency or entity. Section 6.03 Tenant's Duty to Restore Premises. If at any time during the term of this Lease, any Improvements now or hereafter on the Premises are destroyed in whole or in part by fire, theft, the elements, vandalism, or any other cause not the fault of Landlord, this Lease shall continue in full force and effect and Tenant, at Tenant' s own and sole cost and expense, shall repair and restore the damaged Improvements. Any restoration by Tenant shall comply with original plans for the Improvements described in Article 5, or except as may be otherwise modified by Tenant and approved in writing by Landlord. The work of repair and restoration shall be commenced by Tenant within one (1) year after the damage or destruction occurs and shall be completed with due diligence not later than two (2) years after the work is commenced. In all other respects, the work of repair and restoration shall be done in accordance with the requirements for original construction work on the Premises set forth in Article 5 of this Lease. Tenant's obligation for restoration described in this Section shall exist whether or not funds are available from insurance proceeds. Section 6.04 Option to Terminate Lease for Destruction. Notwithstanding Section 6.03 of this Lease, Tenant shall have the right to terminate this Lease if, during the ORANClE:4633.2 -6- last ten (10) years of the term of this Lease, the Improvements are damaged or destroyed by a casualty for which Tenant is not required under this Lease to car~ insurance and the cost to repair or restore the damaged or destroyed Improvements exceeds sixty percent (60%) of the fair market value of the Improvements immediately prior to the damage or destruction. ARTICLE 7. ]lqDEIvINiiY AND INSURANCE Section 7.01 Indemnity Agreement. Tenant shall indemnify and hold Landlord and the property of Landlord, including the Premises and Improvements on or hereafter on the Premises, free and harmless from any and all liability, claims, loss, damages, or expenses resulting from Tenant's occupation and use of the Premises, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of: (a) The death or injury of any person, including Tenant or any person who is an employee or agent of Tenant, or by reason of the damage to or destruction of any property, including property owned by Tenant or by any person who is an employee or agent of Tenant, from any cause whatever while that person or property is in or on the Premises or in any way connected with the Premises or with any of the Improvements or personal property on the Premises; (b) The death or injury of any person, including Tenant or any person who is an employee, or agent of Tenant, or by reason of the damage to or destruction of any property, including property owned by Tenant or any person who is an employee or agent of Tenant, caused or allegedly caused by either: (1) The condition of the Premises or some building or improvement on the Premises; or, (2) Some act or omission on the Premises of Tenant or any person in, on, or about the Premises with the permission and consent of Tenant; (C) Any work performed on the Premises or materials furnished to the Premises at the instance or request of Tenant or any person or entity acting for or on behalf of Tenant; or, (d) Tenant's failure to perform any provision of this Lease or to comply with any requirement of law or any requirement imposed on Tenant or the Premises by any duly authorized governmental agency or political subdivision. ~E:4633.2 -7- Section ?.02 Liability Insurance. Tenant shall, at Tenant's own and sole cost and expense, procure and maintain during the entire term of this Lease a broad form comprehensive coverage policy of public liability insurance issued by an insurance company licensed by the State of California insuring Tenant and Landlord against loss or liability caused by or connected with Tenant' s occupation and use of the Premises under this Lease in amounts not less than: One-million dollars ($1,000,000.00) for injury to or death of one person and, subject to that limitation for the injury or death of one person, of not less than five-million dollars ($5,000,000.00) for injury to or death of two (2) or more persons as a result of any one accident or incident; and, (b) Five-Hundred-Thousand dollars ($500,000.00) for damage to or destruction of any property. Section 7.03 Fire and Casualty Insurance. Tenant shail~ at Tenant's own and sole cost and expense, at all times during the term of this Lease, keep all Improvements on the Premises insured for their full replacement value by insurance companies authorized to do business in the State of California against loss or destruction by fire and the perils commonly covered under the standard extended coverage endorsement to fire insurance policies in the county where the Premises are located. Section 7.04 Specific Perils to be Insured. Notwithstanding anytking to the contrary contained in Section 7.03 of this Lease, the insurance required by Section 7.03 of this Lease shall, whether or not included in the standard extended coverage endorsement referred to in Section 7.03, insure all Improvements on the Premises against loss or destruction by windstorm, eyelone, tornado, hail, explosion, riot, riot attending a strike, civil commotion, malicious mischief, vandalism, aircraft, fire, and smoke damage. Section 7.05 Deposit of Insurance With Landlord. Tenant shall, within ten (10) days after the execution of this Lease and promptly thereafter when any such policy is replaced, rewritten, or renewed, deliver to Landlord a true and correct copy of each insurance policy required by this Article of this Lease or certificate executed by the insurance company or companies or their authorized agent evidencing that policy or policies. ARTICLE 8. DEFAULT AND REMI~DIES Section 8.01 Continuation of Lease in Effect. Should Tenant breach this Lease and abandon the Premises prior to the natural expiration of the term of this Lease, Landlord may continue this Lease in effect by not terminating Tenant' s right to possession of the Premises, in which event Landlord shall be entitled to enforce all Landlord' s rights and remedies under this Lease, including the right to recover the rent specified in this Lease as it becomes due under this Lease. ORANGE:4633.2 -8- Section 8.02 Termination and Unlawful Detainer. In the event of a tenant default under this Lease, Landlord may terminate this Lease by written notice to Tenant and: (a) Bring an action to recover from Tenant: (1) The worth at the time of award of the unpaid rent that had been earned at the time of termination of this Lease; The worth at the time of award of the amount by which the unpaid rent that would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (3) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided; and, (4) Any other amount necessary to compensate Landlord for all detriment proxirnately caused by Tenant's failure to perform Tenant's obligations under this Lease; and Bring an action, in addition to or in lieu of the action described in subparagraph (a) of this Section, to renter and regain possession of the Premises in the manner provided by the laws of unlawful detainer of the State of California then in effect. Section 8.03 Breach and Default by Tenant. All covenants and agreements contained in this Lease are declared to be conditions of this Lease and to the term hereby leased to Tenant. Should Tenant fail to perform any covenant, condition, or agreement contained in this Lease and the default not be cured within sixty (60) days after written notice of the default is served on Tenant by Landlord, then Tenant shall be in default under this I2.ase. In addition to Tenant's failure to perform any covenant, condition, or agreement contained in this Lease within the cure period permitted by this Section, the following shall constitute a default by Tenant under this Lease: (a) The appointment of a receiver to take possession of the Premises or Improvements, of Tenant's interest in, to, and under this Lease, the leasehold estate or of Tenant' s operations on the Premises for any reason, including, without limitation, assignment for benefit of creditors or voluntary or involuntary bankruptcy proceedings, when not released within sixty (60) days. Section 8.04 Cumulative Remedies. The remedies given to Landlord in this Article shall not be exclusive but shall be cumulative with and in addition to all remedies now or hereafter allowed by law and elsewhere provided in this Lease. Section 8,05 Waiver of Breach. The waiver by Landlord of any breach by Tenant of any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Tenant of either the same or a different provision of this Lease. Section 8.06 Surrender of Premises. On expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Improvements in or on the Premises to Landlord in as good, safe, and clean condition as practicable, reasonable wear and tear excepted. ARTICLE 9. MISCELLANEOUS Section 9.01 Force Maieure. Except as otherwise expressly provided in this Lease, if the performance of any act required by this Lease to be performed by either Landlord or Tenant is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inab'fiity to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment of rent by Tenant as required by this Lease or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform. the act. Section 9.02 Attomey's Fees. Should any litigation be commenced between the parties to this Lease concerning the Premises, this Lease, or the rights and duties of either in relation thereto, the party prevailing in that litigation shall be entiUed, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for that party's attomey's fees in that litigation that shall be determined by the court in that litigation or in a separate action brought for that purpose. Section 9.03 Notices to Landlord. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Lease or by law to be served on or given to Landlord by Tenant shall be in writing and shall be deemed duly served and given when personally delivered to Landlord, to any managing employee of Landlord, or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to Landlord at 28816 Pujol Street, Temecula, California. Landlord may change Landlord's address for the purpose of this Section by giving written notice of that change to Tenant in the manner provided in Section 9.04. Section 9.04 Notices to Tenant. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Lease or by law to be served on or given to Tenant by Landlord shall be in writing and shall be deemed duly served and given when personally delivered to Tenant's City Clerk, or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to Tenant at 43174 Business Park Drive, Temecula, CA. Tenant may change its address for the purpose of this Section by giving written notice of that change to Landlord in the manner provided in Section 9.03 of this Lease. Section 9.05 Governing Law. This Lease, and all matters relating to this Lease, shall be governed by the laws of the State of California in force at the time any need for interpretation of this Lease or any decision or holding concerning this Lease arises. Section 9.06 Binding on Heirs and Successors. This Lease shall be binding on and shall inure to the benefit of the hen's, executors, administrators, successors, and assigns of the parties hereto, but nothing in this section shall be construed as a consent by I.andlord to any assignment of this Lease or any interest in the Lease by Tenant. Section 9.07 Partial Invalidity. If any provision of this Lease is held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Lease shall remain in full force and effect unimpaired by the holding. Section 9.08 Sole and Only Agreement. This instrument constitutes the sole and only agreement between Landlord and Tenant respecting the Premises, the leasing of the Premises to Tenant, and the lease tens set forth in this Lease, and correctly sets forth the obligations of l~ndlord and Tenant to each other as of its date. Any agreements or representations respecting the Premises, their leasing to Tenant by Landlord, or any other matter discussed in this Lease not expressly set forth in this instrument are null and void. Section 9.09 Time of Essence. Time is expressly declared to be of the essence of this Lease. Section 9.10 Memorandum of Lease for Recording. Neither party, Landlord or Tenant, shall record this Lease, without the written consent of the other. However, Landlord · and Tenant shall, at the request of either at any time during the term of this Lease, execute a memorandum or "short form" of this Lease for purposes of and in a form suitable for, recordation. The memorandum or "short form" of this Lease shall describe the parties, set forth a description of the leased premises, specify the term of this Lease, incorporate this Lease by reference. Section 9, 11 Countemarts. This Lease Agreement may be executed in multiple counterparts, each of which so fully executed counterpart shall be deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other pazty to this Lease Agreement is in the physical possession of the party seeking enforcement thereof. Section 9.12 Authority to Execute. Each party hereto expressly warrants and represents that he/she/they has/have the authority to execute this Lease Agreement on behalf of ins/her/their corporation, partnersinp, business entity, or governmental entity and warrants and represents that he/she/they has/have the authority to bind ins/her/their entity to the performance of its obligations hereunder. IN WITNESS WHEREOF this Lease Agreement has been executed by the authorized representatives of the paxties hereto. LANDLORD (Signature) Cfyped Name) ATTEST: Jeffrey E. Stone Mayor June S. Greek City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney ~x~IBIT A ENGINEERING VENTURES, INC. ~LAND PLANNING o CIVIL ENGINEERING o I_AND SURVEYING LEGAL DESCRIPTION A PARCEL OF LAND IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 8248, RECORDED IN PARCEL MAP BOOK NO. 32, PAGES 16 THROUGH 18, INCLUSIVE IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHZEASTERLY CORNER OF SAID PARCEL 2; THENCE, ON THE NORTHEASTERLY LINE OF-SAID PARCEL 2, NORTH 15_°41 '01'' WEST, 2363.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID LINE, SOUTH 74°18'45'' WEST, 69.01 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF THAT CERTAIN 60' ROAD RIGHT OF WAY PER RIVERSIDE COUNTY DEED PLAT 70(}-IJ, AS SHOWN ON SAID PARCEL MAP NO. 8248; THENCE, ON SAID NORTHEASTERLY RIGHT OF WAY LINE SOUTH 15°41' 15' EAST, 432.00 FEET; THENCE, LEAVING SAID LINE, NORTH 74018'45`' EAST, 68.98 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE, ON SAID NORTHEASTERLY LINE NORTH 15°41'15'' WEST, 432.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.68 ACRES, MORE OR LESS \ \ \ \ \ \ \ \ \ 43500 RIDGE PARK DR.. 4e202 , II~MECUt. A. CA,. 92590 ' (906) 699-6450 FAX: 699-3569 THIS pI..&T IS SOLELY AN AID IN LOCAllNG THE PARCEL(S) DESCRIBED : I I W.O. NO. IN THE ATTACHED DOCUMENT. IT 15 NOT PART OF THE WRII'~N SHEET ! OF / ,~,~-07 * DESCRIP'~ON THEREIN. ' t? '- 5~' U ~.O G- ~I- gF I~OTA~Y CO~qIAUNITy PAA'K, EslilBIT B Temec a Town Association August 31, 1995 City Of Temecula 43174 Business Park Drive Temecula, CA 92590 ATTN: Herman Parker Dear Herman, Concerning the lease agreement between the Temecula Town Association and the City of Temecula for the property known as Rotary Park, the Temecula Town Association wishes to retain access to the Caboose which is located at the southern end of the park. The Associations main use of the Caboose would be for meetings and the Association would continue to be responsible for maintaining the interior and exterior. Sincerely, General Manager Temecula Town Association Box 435 Temecula, CA 92593 (909) 676-4718 Fax (909) 694-9216 Temecula Community Center 28816 Pujol Street Temecula, CA 92590 KxHTBIT C CONTINENTAL LAWYERS TITLE COMPANY A ~311y O~ned ~u~,e4a4=.7 of LakS~_~ Title Inst~e {'mrlXzBticn 1845 ~ ~ ~, ~ 2~ ~ ~, ~ 92408 ~: (~) ~1-~ Esu~ow/Ref. #: ~OTARY PARK At~a: RAM)Y ~ Orr~ #: 03-355714 -22 Dated~s of June 14, 1995 at 7:30 a.m. IN PaESPO~SE TO THE ABOVE F~.~-e APPLICATIO~ PCX~ A POLICY OF TITL~ ~, CX~A'.u~]~VE~L LAW'YE~S TA'A'..~- M BBX~BY ~ THAT IS IS P~EPAPaED TO I-~UE, OR CAUSE TO BE T-~-c~JED AS OF THE DATE HEREC~, A ~ 'A~'A~E ~ ~(l~r POLICY OR POLICTR~ OF TITLE ]3~JRANCE D~Sa~IBING THE LA~D A~D THE ESTATE OR L~rh~JEST THEreIN HEl~'.t'ju.~ SET MSRTH, INSL~ING ~ EE6S M~IC~ MAY BE SUSTA/N~ BY REASC~ OF ANY D.~'~C'r, LIBN OR ~ NOT ~ OR I-~.~'~u TO PRINrm SC~I~;~, CC~ITIO~S AND STI. FdLATICS~ OF SAID FCRv~. THE PR/.krP~u EXu:y.vlO~ ~ EXCLUSIC~S FRCM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED COVB~ S-~r~a'. COPIES OF THE POLICY REPORT CAREFULLY. THE E~F:~:~rlfI~S 1~ E~r~n~I(l~S ]%RE ~ TO PROVIDE YOU. Wi',~ NOTICE OF MA'rrP_~S I~ICH ARE NOT ~ II~)ER THE -r~2eiS OF ~ ~ ~ IT IS ]lvlPOKralqr TO NOTE THAT THIS ppl~.~ REFC~T IS NOT A ~'Z'I~u~ Pa~TIC~ AS TO THE ~lT1Cel OF TITLE .AND MAY NOT T.T.q'T ALL ~, DJ~',I:,C*fS, AND ~","-~ THIS REMDRr, (AI~ ANY SUPP~ OR ~ HERETO) IS ISSUED SOr.~ry Fee THE PURMD~E OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSL.~ANCE ~ NO LIABILITY IS ASSL~]ED H~REBY. IF IT IS DESI3~D THAT LIABILITY BE ASSLF~ED PR/OR TO THE ISSUANCE OF A POLICY OF TITLE ~, A BI3~DER OR ~T~ENT S}~DULD THE FID~M OF POLICY OF TITLE ~ ~LA'r~U BY THIS REPORT IS: 1. 2. 3. 4. California Land Title Asscciatic~ Stana~rd Caverage Policy - 1990 (X) American Lard Title Association LosnPolicy (10-17-92) ( ) American LandTitleAssociaticnResidential Title Insuranoe Policy (6-1-87) ( ) American Land Title Associatic~Owrer's Policy (10-17-92) ( ) Title Offioer, RC6E PINE SCMMYJLEA Order No.: 03-355714 -22 Title ~D said estate cr in~u~t a~ the da~e hexeof is vested in: TBF~ClrLA TOWN ASSOCIATICN, a nc~-~u£it u,~poratian The land ref~d ~o in ~ report is ~M as follows: Parcel 2 and Lots A ard C of Parcel Map 8248, in the City of Temecula, County of Riverside, State of e~]~fornia, as per map filed in Book 32, pa~3es 16, 17 and 18 of Parcel Maps, Rezords of said County. Order No.: 03-355714 -22 a A-1 GOf~ Ft~DS CALIFORNIA INSURANCE CODE SECTION 12413.1 M{ICH WAS ENAL.-,L'.~3 BY (:~-LZ~-'A'~.~ 598 OF THE ~ OF 1989 (A.B.512) ~'PIVE E 1, 1990, REGjIATES THE DIS~3RSB~T OF ES(~SW FU~ ~Y TITLE CEMPANT~. Funds ~rec~ved by this Cu,~any via wire the day of de~t. If escrow funds are ~hursed to this C~L~eny Other than by wire e, =osfer cr cashier' s or teller's c3~k, disbursement ard/or closing may be a~l~yed. Q~ticns u_~Eern/ng deposit and disksarsement of esu~uw and sub-escrow funds and rwr-~Yjs should be ~rec~ to your title or es~uw officer. Chino Valley Bank, ABA No.: 122234149 818 North ~t~n~n, Upland, CA 91785 For: Cnntinental Lawyers Title C~,~any ~rv%mt NO.: 234-138324 Ref. Order NO.: 03-355714 -22 PAYDFF ~: All payoff figures are ~_rified at closing. If the custrmmr's last payment was m~a~ within 15 days of closing, our Fayoff De~a~b,ent may hold erie mcnth's payment to insure check has cleared the bank (unless a copy of the cam=lied check is prov~a~a in which ~e there will be no hold). The charge for a policy of title insuranc~ when is~a through this title order, will be based cn the short-term rate. are PAID. For ~-oraticn purposes the amounts are: 1st Installment: $239.86 2rid Installment: S239.86 ~tlon: Sl, 435 AOEX TRA: 013007 Assessnent No.: 922-110-003-2 TB~ECULA TOWN ASSOCIATION, a r~n-profit u~j~aticn (a) A cupy of the oorporaticn By-Laws or Articles (b) An original Or oeI-tified copy of the Resolution authorizing the subject Order No.: 03-355714 -22 We w~ ] ] 1Bquire a sta%~,~t of infu~tim f~uL, the parties named telcw in order ~o cuL~lete this rep3rt, based c~ the effect of documents, proceedS, liens, deu~ees, or ot~_r matters which do not sp~i~]ly a~_ccribe said land, but which, 'if any do exist, may affect the title or impose liens or NOTE: The ~:-;--~--~t of inf~tim is r~cessary to cuL~lete the .~ch and examinatic~ of title under this order. Any title sea~ incl,,a~ totters that are irn~ed by name only, and havirrJ a u.,,~le~,/ea~ sl~+--.--~t of infer-retire involve the parties but in fact affect arrfcher pa~ ty with the same cr similar name. Be assured that the m~m~ of inf~a~im is essential and w~] ] be kept s~ictly confidential to this file. S6}uu~3LEB Ora~ No.: 03-355714 -22 e W(XE,D BE AS if any, eu3d 'any ~ts collected with taxes, ~o be levied for the fiscal year 1995-1996, which are a lien not yet payable. if any, and any ~ts collected with taxes, for the f]~] year 1994-1995 1st InstalLTent: $1,695.24 PAID 2rid Installment: Sl,695.24 UNPA/D Penalty: $ 179.52 (incl,,a~ costs) E~a~tic~: NC~E TRA: 013007 As~t No.: 922-100-003-1 Supplemental or es~.ned ets of ~operty taxes, if any, assessed pursuant to the ~=%~ue and Taxatic~ Code of the Sta~e of c~]~fu~faa. fact that Lots A and C have been offered for public use and public u~ ] ~ ty purposes by rec~] c~ said Map. Said offer was not a~ at the time of mticn of said Map n~r has it since ~een acc~. An ~ement for the purlDose shown belc~ and rights incidental t/~ereto as set forth in a document Granted to: Fas,~n Municipal Water Dl~,ict, a municipal oorporatic~ Purpose: pipelines Pecora~a: April 26, 1973 as Ir~t~Tant No. 53388 of Official An ~Tent for the purpose s~own below ar~ rights incidental thereto as set forth in a document Gran~a to: Eastern Municipal Water Di~,ict, a municipal etico Recorded: July 29, 1974 as In~t~Tent No. 95505 of Official ~:,'ds Affects: Lot C An ~ement for the purposes shown below and rights i~cideDt~] thereto as shown or as offered for a~aicaticn c~ the reoor~ map shown below. Map of: Pareel Map 8248 ~: in Book 32, ~Dages 16, 17 and 18 Purpose: 100 year flood imundatic~ limit Affects: as shown c~ said Parc~.] Map Order No.: 03-355714 -22 e 10. 11. 12. Map of: Parcel 8248 R~enrded: in Beck 32, pages 16, 17 'and 18 Purpose: road right way ~ammt Affects: as shown c~ said F~_I Map Covenants, ~a~liticrs and re~icticrs (deletir~ theref~uu any re~t~icticrs based c~ race, color cr ~,~a) as set forth in the document R~nra~a: Aucjust 5, 1977 as Inst~rent No. 150933 of Official ~rds states that this ir~e~t was subordinated D~ca of Trust JaD, m~y 24, 1992 as Ins~,'~nent No. 26274 of Official Jar~,~y 24, 1992 as Ins~,'~ent No. 026273 of Official An easement for the purpcees shown below and rights incidental thereto as reservedinadccament Purpose: for public uti/ity p~-,~,,J~a: August 5, 1977 as Ir~L~nent No. 150933 of Official P~n--~Ss Affects: over said Lot A states that this in~,unent w~s subordina,~a Deed of Trust JaD--~y 24, 1992 as Inst~nent No. 26274 of Official Records JaD,,~y 24, 1992 as Ins~,'u~ent No. 26273 of Official B~n~rds The terms, covenants and provisions of that n=rtain "~ A~£e~nt" by and between Rancho California Water Dist&ict and Temecula Town ~_ccciaticn, a rrn-I~rofit ~atic~ r~n~rded August 17, 1977 as Ir~t~ent No. 159748, Of Official R=~rE~S, and the effect of any failure to ~,~ly with the sate. Referex~ is made to said document for full particulars. An easement for the purpose shown below and rights incidental thereto as set forth in a dco3ment Granted to: Rancho California Water Di~,ict, a public corporatic~ Purpose: pipelines R,~-~rr~: September 14, 1977 as Instant No. 179411 of Official Records Affects: Lot A of Said Parcel Map 8248 SC~'IBRVLE B (,.~,ti~a) Order No.: 03-355714 -22 13. 14. 15. 16. A perpe~l easerent in favor Of the public for Flowage Easerent and incidental purposes, as set forth in a E~claratifxn of Dedication recorrl~a October 18, 1978 as Ir~L~unent/File No. 219565 of Official Records. The Northerly 15 feet of the Southerly 1531.19 feet of Parcel 2 of Pa~u-] Map 8248 An i~vo~hle offer to dedicate an easerent for drainage and flOw'dge, as c~tained in a document Recorded: August 28, 1986 as Ir~t~unent NO. 207372 of Official Records Affects: 15 feet wide, for C~inage purposes over that portion of bI 2 as shown (11 PalT~I Map 8248, the celterline being a~-~ibed as follows: Cu,,,er~-~ng at the most northerly ~rminus of tr~ Westerly line of said PelTs] 2 of Parn=] Map 8248, said line having a b~arir~ of North 15° 41' 01" West and a length of 2561.60 feet, said line also being the centerline of Pujol SL~et; thence along said line South 15° 41' 01" wR~c 1727.92 Feet; therr~ leaving said centerline Nc~Lh 74° 18' 59" East 30.00 feet to the True POint Of Begirning, said point ~]-~o being cn the easterly right of way line of said Pujol S~,'eet; thence u~xtinuir~ NOrth 74° 18' 59" East 15.00 feet. The sia~]ines of said ~L~ip of land shall be prolcrrjed or sho~L~ned so as to form a u~tinuous ~L~ip of land The fact that said land is inc/,n~a within a ~-oJect area of the P;~l=%~lu~a,ent Agency shown below, and that p~uceedings for the renl~velc~aent of said p~uject only after the ~ac!Dticn of the redevelogaent plan) as disclosed by a document. R~a~velop,ent Agency: R~aevelclment Project NO. 1-1988 p~nr~a: AugUst 2, 1988 as Ir~L~unent NO. 216590 of Official P~cnrds $200,000.00 JaD.~ry 13, 1992 TB}eCI3LA TC~q ASSOCIATION, a nc~-p~ufit n~raticn CHAPARRAL SERVICE ~TION, a ~lifornia Co~ticn DAVID M. CARSON AND CABDL J. CARSCN, h,,~band and wife as Jan.~ry 24, 1992 as Ins~nent No. 026274 of Official Records If this deed of trust is to be paid off, to avoid a~]ays at the time of clceing, please subnit the Original Note, ~De~a of Trust and the (p~uperly executed) Recp~t for Recccveyance, to this office, at least ~ week prior to the close of es~ow. Order No.: 03-355714 -22 K:}IEZlEE B (~,~,tinued) 17. A ~ of Trust to secure an ir~bh~ness in the amount shown below, a~d any other obllgatic~s secured thereby Amount: 868,000.00 Da~: August 29, 1994 Trustee: Chicago Title C~f~any, a California Corporatic~ Beneficiary: City of Terecula P~r~r~M: September 1, 1994 as Ir~t~ment No. 341363 of Official ~Pen~rds typed: 06/22/95 plat/maps & d~cs enclosed E~)OFSC~B~3~EB £~ N 78 'SOd .J ITEM NO. 3 CITY OF TEMECULA AGENDA REPORT TO: Community Services Commission FROM: Shawn D. Nelson, Director of Community Services DATE: September 11, 1995 SUBJECT: Naming of a Newly Acquired Park Site PREPARED BY: Herman D. Parker, Deputy Director of Community Services .~. RECOMMENDATION: That the Community Services Commission: Recommend a name for the Duck Pond Park Site for consideration by The Board of Directors. BACKGROUND: As of July 31, 1995, the City of Temecula acquired the property referred to as the Duck Pond from the Kernper Real Estate Development Company (KRDC}. The newly acquired 7.5 acre park site is located on the southeast corner of Rancho California Road and Ynez Rd., providing the City a highly visible, centrally located park site. This park site will greatly assist the Community Services Department in meeting the passive recreation needs of the community. After several staff discussions, the following list of potential park site names are presented for your review and consideration: 1. Middletown Park 2. Duck Haven Park 3. Ynez Park 4. Temecula Park The Commission may recommend one of the above names or select any other name desired. Your recommendation will be forwarded to the Board of Directors for final approval. Attachments: Naming Policy List of Potential Park Names RESOLUTION NO. CSD 92-08 A RESOLUTION OF ~ BOARD OF DIRECTORS OF THE TE1V[ECULA COMMUNITY SERVICES DISTRICT ADOPTING A POLICY FOR NAMING PARKS AND RECREATION FACILITIES WF[EREAS, on April 23, 1991, the Board of Dixectors (the "Board") adopted a policy for naming parks and recreation facilities; and WI:I'k'rREAS, the Community Services District and the Parks and Recreation Commission requests that the aforementioned policy be adopted by resolution; · NOW, TI=I'~RF--FOKE, TFFF~ BOARD OF DIRECTORS OF TRF~ TE1VIECULA COMMUNITY SERVICES DISTRICT DOES B'ERERy, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the policy for naming parks and recreation facilities as set forth on Exhibit "A" is adopted establishing a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. PASSED, APPROVED AND ADOPTED this 8th day of September, 1992. Ronald I. Parks, President ATTEST: STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TE1VfBCULA ) I, June S. Greek, City Clerk of the City of Temecula, PIER[RY DO CERTIFY that the foregoing Resolution No. CSD 92-08 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of September 1992 by the following roll call vote. AYES: 5 ' DIRECTORS: Birdsall, Moore, Lindemans, Mufioz Parks, NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ~Ciey/Clerk EXhibit "A" TE fECULA CON 4I/NITY SER qCES DISTR/CT Naming Parks and Recreation Facilities PURPOSE To establish a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. POLICY The Park and Recreation Commission will be responsible for the selection of names for parks and recreation facilities. Once a name is selected, it will be forwarded to the Board of Directors for ratification. Staff will be responsible for encouraging citizens and community organizations to suggest possible names that will then be forwarded to the Commission for consideration. At a minimum, each park and community building will be designated a name. Naming of specific areas within a park (g~rden, swimming pool, lake, ballfield, etc.) is acceptable but should be kept to a minimum to avoid confusion. No park shall .be given a name which might be perceived as controversial by the co.=_muni=y. All names selected shall be acceptable and meaningful to a majority of the neighborhood/community where the park or recreation facility is located. Priority in naming sites shall be given to geographical locations, historic significance or geologic features. No park shall,'be.named for a person, except where an individual has made a significant financial contribution toward the acquisition and/or development of the park or facility, or has been an outstanding long-time community leader who has supported open space and recreational activities. All park and recreation facilities will be designated a formal name within six months of acquisition or construction. All parks shall have an entrance sign. Buildings will have an entrance sign and a plaque inside the facility for name identification. The name of a park or recreation facility may be changed only after a hearing is held by the Commission to receive community input and direction. No name shall be changed unless there is significant justification and support by the community. RESPONSIBILITY ACTION Depar%ment Parks and Recreation Commission Department 2. 3. 4. Acquires a new park or recreation facility. Solicits possible names from community'. Forwards suggested names to the Parks and Recreation Commission for consideration. Receives any additional community input. Selects a name for the new park or recreation facility. ForWards name to 'City council for ratification. Installs the appropriate naming sign or plaque. LIS3; OF NAME RECOMMENDATIONS FOR FUTURE CITY OF TEMECULA PARK AND RECREATION FACILITIES 1. Palomino Park 2. Cutting Horse Park 3. Wild Horse Park 4. Bronco Park 5. Cattle Drive Park 6. Vaqueros Park 7. Wagon Wheel Park 8. Fort Temecuia Park 9. Old West Park 10. Rodeo Ranch Park 11. Indian Park 12. Eagle Park 13. Eagle Ranch Park 14. Vineyard Park 15. Granite Park 16. Wolfe Valley Park 17. Bear Mountain Park 18. Rainbow Canyon Park 19. Ponderosa Park 20. Recreation Park 21. Earle Stahley Gardner Park 22. Vail Ranch Park