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HomeMy WebLinkAbout011298 CSC Agenda: AGENDA TEMECULA COMMUNITY 'SERVICES COMMISSION TO BE HELD AT TEMECULA CITY HALL MONDAY, JANUARY 12, 1998 7:00 P.M. CALL TO ORDER: FLAG SALUTE: ROLL CALL: PRESENTATIONS: Chairman Tom Edwards Commissioner Miller Henz, Meyler, Miller, Nimeshein, Edwards AI Crisp, City of Temecula Dr. Swanson and John Baker PUBLIC COMMENTS: A total of 15 minutes is provided so members of the public can address the Commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a green "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items, a "Request to Speak" form must be filed with the Community Services Commission Secretary before the item is addressed by the Commission. There is a three (3) minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Commission request specific items be removed from the Consent Calendar for separate action. COMMUNITY SERVICES COMMISSION MEETING JANUARY 12, 1998 COMMISSION BUSINESS 1. Approval of the Minutes RECOMMENDATION: 1.1 Approve the minutes of the November 1 O, 1997 Community Services Commission meeting. 2. Temecula Duck Pond 2.1 Receiv'e and file updated report on the Temecula Duck Pond Master Plan. '3. TTA License Agreement - NWSC RECOMMENDATION: 3.1 That the Community Services Commission approve the License Agreement Between The Redevelopmerit Agency (RDA) and the Temecula Town Association (TTA) for use of the Northwest Sports Complex. COMMUNITY SERVICES DIRECTOR'S REPORT COMMUNITY SERVICES COMMISSIONER REPORTS ADJOURNMENT The next regularly scheduled meeting of the Community Services Commission will be held on Monday, February 9, 1998, 7:00 P.M., at Temecula City Hall, 43200 Business Park Drive, Temecula, California. ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT HELD MONDAY, NOVEMBER 10, 1997 A regular meeting of the City of Temecula Community Services Commission was held on Monday, November 10, 1997, 7:00 P.M, at the Temecula City Hall, 43200 Business Park Drive, Temecula, California. The meeting was called to order by Chairman Tom Edwards. Commissioner Henz led the flag salute. PRESENT: 4 COMMISSIONERS: Comerchero, Henz, Miller, Edwards ABSENT: 1 COMMISSIONERS: Nimeshein Also present were Community Services Director Shawn Nelson, Deputy Director Herman Parker, Recreation Superintendent Julie Pelletier, Development Services Administrator Phyllis Ruse and Administrative Secretary Gall Zigler. PRESENTATIONS The Community Services Commission presented a Certificate of Appreciation to: Robert Lopez, Southern California Edison Candice Adkisson Flohr, City of Temecula Employee Jeff Comerchero, Community Services Commissioner PUBLIC COMMENTS None DIVISION REPORTS Recreation Superintendent Julie Pelletier reported the following: The Annual Halloween Spooktacular was held on October 24, 1997. There were carnival games and booths, costume contests, and screaming contests. Two events were held on Halloween. At the Community Recreation Center there was a costume contest, games, crafts and a Halloween movie. At the Temecula Community Center there was a carnival which was provided in conjunction with the Temecula Boys and Girls Club. The Annual Volunteer Recognition Event was held on October 30, 1997. The theme was a "Magical Touch". Banana splits were served and a magician was on hand to provide the magic entertainment. In the next two months staff will be working on the Winter/Spring Recreation Brochure, the annual Christmas festivities including the Annual Santa's Electric Light Parade and Holiday Lights and Festive Sights, and the Annual Breakfast with Santa and Winter Wonderland. The City has taken over the operation of the equipment rental center at the Temecula Skate Park. Development Services Administrator Phyllis Ruse reported the following: Saturday, November 8, 1997, the City of Temecula co-sponsored the Citywide Household Hazardous Waste and Citywide Clean-up. The drop-off was located at the Temecula Valley High School parking lot. This annual clean-up provides the residents an opportunity to get rid of any hazardous waste and non-hazardous waste. The County arranges for the City to have a free tip day at the County Waste Site. This year 33 residents dropped off non-hazardous waste and 106 residents dropped off hazardous waste products, The Community Services Department is responsible for administering the TCI Cable Franchise Agreement. Staff is currently working with TCI to air the local high school football games, a program which is currently being utilized in other cities. Commissioner Nimeshein arrived at 7:19 P.M. and is no longer considered absent. Commissioner Miller asked for an update on the Margarita Community Park site clean-up project, Phyllis explained that the clean-up of the Margarita Community Park site was held on November 8, 1997, and was performed by a group of private citizens. The City did provide the group with bins to dispose of the trash that was collected and free tip fees. COMMISSION BUSINESS 1. Al~l)roval of the Minutes It was moved by Commissioner Edwards, seconded by Commissioner Miller to approve the minutes of the October 13, 1997 Community Services Commission as prepared. The motion carried as follows: AYES: 5 COMMISSIONERS: Comerchero, Henz, Miller, Nimeshein, Edwards NOES: 0 COMMISSIONERS: None The Link Program Director Shawn Nelson presented the staff report. Commissioner Nimeshein expressed his support for the program. Director Nelson said staff will invite the Women's Club to attend a future meeting and update the Commission on the status of the program. Commissioner Miller asked how the program is advertised. Director Nelson explained the Women's Club held a kick:off meeting on October 31, 1997, and there have been follow-up press releases and the program will be highlighted in the Community Services Recreation Brochure. This report was receive and file. No action was taken. Financino for Senior Citizen Services Shawn Nelson told the Commission the City Council is planning on implementing a new criteria stating no organization can receive more than $5,000 in CSD funding except arts in the community and the Temecula Valley Playhouse. These two categories will be given a special line item budget, Director Nelson said that organizations can consider applying for additional CDBG funds. Commissioner Comerchero said his concern with the Senior Center located on Winchester Road is that they currently provide a service which they may not be able to provide in the future without additional funding. Chairman Edwards expressed a concern that this is not a issue that has been brought forward to the Commission, and yet the Commission is trying to define a problem. He said he believes the Commission should make the management at the Senior Center aware there is open communication available between the Center and the City, and the Commission could offer their assistance. Commissioner Nimeshein said he agreed with Chairman Edwards. Commissioner Nimeshein said he understood Commissioner Comerchero to say that the Senior Center would be losing funding which they need to maintain current services. Director Nelson said this issue should be discussed by the City Council. He said staff will advise the Senior Center there are additional funds available through CDBG that they can apply for. r:Xminutes\lO1397. cad 3 Chairman Edwards said he supports staff making the management at the Senior Center aware that additional funds are available through CDBG, Cancellation of the December 8, 1997 Community Services Commission Meeting It was moved by Commissioner Henz, seconded by Commissioner the meeting of December 8, 1997. The motion carried as follows: AYES: 5 COMMISSIONERS: Comerchero Henz, Edwards Comerchero to cancel Miller, Nimeshein, NOES: 0 COMMISSIONERS: None Park Tour It was moved by Commissioner Henz, seconded by Commissioner Comerchero to select Friday, January 9, 1998, 8:30 A.M. as the date for the Community Services Comerchero, Henz, Miller, Nimeshein, Edwards Commission Park Tour. The motion carried as follows: AYES: 5 COMMISSIONERS: NOES: 0 COMMISSIONERS: None Community Services Director's Rel)ort Director Nelson advised the Commission interviews will be held on November 18, 1997 with the three top ranking for the Citywide Cultural Arts Master Plan. He said once the City has selected the final top ranking firm, a contract will be negotiated and the final proposal will be brought back to the Commission for review. Director Nelson advised the Commission staff has released the RFQ for the Library Master Plan which are due on November 25, 1997. Staff will schedule interviews with the top ranking firms from those submittals received. The City Council will be appointing a new Commissioner on December 16, 1997. Director Nelson thanked Commissioner Henz for his term as Chairman of the Community Services Commission. Community Services Commissioner Reports Commissioner Miller thanked staff for the invitation to participate in the Annual Halloween Spooktacular events held at the Temecula Skate Park. Commissioner Henz congratulated Commissioner Comerchero on his election to the Temecula City Council. He thanked Commissioner Comerchero for his leadership and his work on the Measure C campaign. Commissioner Nimeshein thanked Commissioner Henz for his leadership as Chairman of the Commission for the past year. Adiournment Chairman Edwards declared the meeting adjourned at 8:14 P.M. The next regular meeting of the Community Services Commission will be held on Monday, January 12, 1998, 7:O0 P.M., at Temecula City Hall Council Chambers, 43200 Business Park Drive, Temecula. Secretary Chairman Tom Edwards ITEM NO. 2 CiTY OF TEMECULA AGENDA REPORT TO: FROM: DATE: Community Services Commission Shawn D. Nelson, Director of Community Services January 12, 1998 SUBJECT: Temecula Duck Pond Master Plan PREPARED BY: Phyllis L. Ruse, Development Services Administrator RECOMMENDATION: Plan Receive and file updated report on the Temecula Duck Pond Master BACKGROUND: Chairman Edwards has requested an update on the Temecula Duck Pond Master Plan. A copy of the March 11,. 1996 staff report is attached for the Commissioners' review. Staff will also make a short presentation, discussing the improvements to be constructed and updating the Commissioners on the project's progress. Attachment: Community Services Commission Agenda Report, March 11, 1996 ~RO:OM:% DATE: SUBJECT: CiTY OF TEMECULA AGENDA REPORT Community Services Commission Shawn D. Nelson, Director of Community Services March 11, 1996 Temecula Duck Pond Master Plan PREPARED BY: ~,'~e'/'Phyllis L. Ruse, Development Services Administrator RECOMMENDATION: That the Community Services Commission approve the Master Plan for the Temecula Duck Pond. BACKGROUND: , On August 22, 1995, the Board of Directors awarded a design contract with The Alhambra Group for the preparation of a Master Plan for improvements at the Temecula Duck Pond. A project committee was established with representatives from the City Council, Community Services Commission, Oscar's Restaurant, biology and design consultants, and City staff. ' The project committee's first task was to identify the various potential user groups for the park and possible park activities. Special consideration was given to the health and well-being of the wildlife at the park as well as the safety of visitors to the park. The committee worked with Oscar's Restaurant representatives to coordinate fencing, parking, and good neighbor concerns. The committee was also interested in potential future uses of the property, such as, concerts on the green, Taste of the Valley and other events. At the conclusion of the third committee meeting held on February 20, 1996, all participants unanimously supported the proposed Master Plan. The Master Plan designates a circulation element around the pond with seating in various locations, a stabilized pond edge, a pond aeration system and fountain, site fencing with limited entry locations, a parking lot, a gazebo/bandstand, some limited picnic facilities, a restroom, security lighting, monumentation, landscaping and irrigation. The committee felt strongly that this park is a natural, tranquil site which is a focal point within the community. It was a high priority that the Master Plan retain those qualities and enhance the beauty and passive nature of the park. Therefore, it was strongly recommended that no banners or signs be allowed on the site. Staff has already begun some necessary renovations to the site. This work includes tree trimming, irrigation repairs, and fence replacement. A cross section of waterfowl was transported to California Department of Fish and Game for disease testing. The Four H Club sponsored a "goose round up" and most of the geese on the site have been successfully relocated to more appropriate habitation. The proposed Phase I improvements of the Master Plan include the fencing, stabilized pond edge, aeration, circulation and seating, monumentation, landscaping, and irrigation renovations. Upon completion of these improvements, the committee feels the site will provide more adequate shelter for the waterfowl and present an inviting and relaxing park experience for our residents. ITEM NO. 3 CITY OF TEMECULA AGENDA REPORT FROM: DATE: SUBJECT: Community Services Commission Shawn D. Nelson, Director of Community Services January 12, 1998 Agreement For Use of the Northwest Sports Park PREPARED BY: ~ Herman D. Parker, Deputy Director of Community Services RECOMMENDATION: That the Community Services Commission approve the license agreement between the Redevelopment Agency (RDA) and the Temecula Town Association (TTA) for use of the Northwest Sports Complex. BACKGROUND: The TTA has expressed an interest in utilizing the Northwest Sports Complex, on an annual basis, to conduct regional special events and programs. As a result, the attached license agreement has been developed and is attached for your review. · The Northwest Sports Complex is a vacant 40-acre parcel located north of Winchester Road at Diaz Road. The property in its current unimproved condition, is owned by the RDA. However, it has been used by the Community Services Department for the past five years as a Special Use Park site, hosting annual special events sponsored by the TTA. These events include the Great Temecula Tractor Race and the Temecula Professional Rodeo. The proposed agreement would grant a license to the TTA to use the Northwest Sports Park from April 15 through December 31 of each calendar year, beginning April 15, 1998 and terminating December 30, 2000, unless sooner terminated. The agreement is for three years and may be extended by mutual consent, for an additional two year period. The agreement may be terminated by either party by providing six (6) months prior written notice of termination. The City will retain possession of the site for other potential uses from January 1, through April 14, and the third and fourth weeks in June of each year. This will enable the City of Temecula Community Services Department to provide special events or recreation activities at the site if so desired. The TTA will maintain the facility in good repair, and keep clear of garbage and debris. The TTA will also be required to pay all utility costs associated with their use of the site and meet all insurance requirements. The TTA will also be required to pay all appropriate facility rental fees and obtain appropriate permits and licenses required. Facility use fees may be offset by in-kind services provided by the TTA to the site. FISCAL IMPACT: The TTA's use of the Northwest Sports Park will not create any additional expense for the Redevelopment Agency or the City of Temecula. R:~ziglerg\report\ttause January 6, 1998 CITY OF TEMEC~ NORTHWEST SPORTSPARK LICENSE AGRi~MENT THIS LICENSE AGItF. k":MENT is made and entered into by and between the Redevelopment Agency of the City of Temecula, a public body, corporate and politic ("Agency") and the Temecula Town Association, a California non-profit corporation CTTA") as of February 24, 1998. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RF, CITATS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: The Agency is the owner of approximately 40 acres of 'unimproved real property Incated in the northwest comer of the Agency which has been generally referral to as Northwest Sportspark, which' property is legally described and depicted on Exhibit A., attached bere~ ~ jVc,orporated here.in by this reference as though set forth in full ("Property"). The Agency and TTA,,desire to enter into this Agreement to provide the terms and conditions upon which TTA will operate and stage cultural, artistic, entertainment and recreational events, including, but not limited to, the Great Temecula Tractor Race, the Temecula Professional Rodeo, the chili cookoff and other related activities, at a portion of the Property. The Agency intends to eventually develop the Property for low and moderate income housing. Until such time as the Property is so developed, its use as avenue for activities of the TTA as appruved in this Agreement is an appropriate interim use. All income received by the Agency pursuant to this Agreement shall he placed into the Agency 's Low and Moderate Income Housing Fund. The terms of this Agreement are of benefit to the Project Area. As used in this Agreement, "Director" shall mean the Director of Community Services Of the City of Temecula. 2. GRANT OF LICENSE, Agency hereby grants to TTA a license to use a portion of the Property described on Exhibit B., attached hereto and incorporated herein by this reference (the "Premises"), on the terms and conditions and for the uses hereinafter specified in this Agreement. Except as specifically provided hereinafter to the contrary, TTA shall have the exclusive right and obligation to use the Premises to operate and stage cultural, artistic, entertainment and recreational events, including, but not limited to, the Great Temecula Tractor Race, the Temecula Professional Rodeo, the chili cookoff and other related activities, and the reasonably necessary office and storage purposes connected therewith. TTA shall not use the Premises for any other purpose without the prior written consent of the Director. TTA may utilize the Premises only between the dates of April 15th and December 31st of each calendar year with the exception of the 3rd and 4th weeks in June of each year. The TTA may request use of the premises at other times if the premises is not being used by the Agency or City of Temecula. Not later than October 1 of each year, TTA shall provide the Director with a schedule of all events for the succeeding calendar year. Should the Director object to the schedule, the Director shall notify TTA of such objections within twenty (20) days of receipt of the schedule. 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. 3. USE PERMITS. This Agreement is not in lieu of obtaining a Use Permit or Outdoor Event Permit from the City. TTA shall procure all permits and licenses required by the City of Temecula or other governmental entities to conduct special events. TTA shall comply with all governmental rules, regulations, statutes, ordinances and conditions of approval of permits. TTA agrees to pay all facility use fees applicable to its Use Permit, pursuant to such ordinances and resolutions of the City Council setting fees for use of City facilities. Proceeds of such fees shall be deposited into the Agency's Low and Moderate Income Housing Fund. TTA shall receive credit towards the payment of such fees from in- kind services for the maintenance of the Property as determined by the Director. TTA may obtain a temporary Alcoholic Beverage Control License for use of the Premises, subject to any conditions imposed in the ABC permit and any permits issued by the City. 4. TERM. This Agreement shall commence as of February 15, 1998, and shall terminate on December 31, 2000, unless sooner terminated. By mutual consent of both parties, this agreement may be extended for one 2 (two) year term. This Agreement may be terminated by either party by providing six (6) months prior written notice of termination. 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; additionally other improvements will he installed by the City of Temecula. These fixtures are the property of the Agency. TTA may use these fixtures, and will be responsible for maintaining and repairing said fixtures during the period it uses the Premises. TTA shall make all necessary repairs at beginning of each season and Agency shall not be responsible for the condition of these fixtures unless damage of said fixtures occurs as a result of City usage. 6. I,IMITATIONS ON USE, OF PIIEMt~ES. TTA shall not interfere with the use and enjoyment of the portion of the Property outside the Premises. 7. TTA OFFICER,S, ~,MPI,OY~,S. AGENTS 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 Property, as well as all ordinances and regulations which may be adopted by the City. In the event of any conflict of between this Agreement 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. 8. 'ME. RCHANDI,gE.. TTA shall be authorized to sell merchandise and provide services at the events it sponsors at the Premises, and agrees that all sales of merchandise and services shall be of good quality and condition. Agency retains the right to require TTA to discontinue sale or use of those items the Director reasonably determines the condition of the merchandise or services are not of good quality and condition, upon five (5) days written notice by the Director. For sales tax purposes, the point of sale for all food, merchandise, admission tickets, and services shall be the Property. 9. THmD PARTY AGIt~:~:ME, NTS. 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 Agreement. All contracts with such third parties shall clearly provide that this Agreement controls all activities of such persons on the Premises. All contracts with such third parties shall contain insurance provisions for the protection of the Agency of such nature and amount as approved by the Director in writing prior to TTA entering into the third party agreement. At a minimum such policies shall contain the provisions set forth in Section 16 and may contain higher policy limits or additional types of insurance depending on the nature of the use. The Agency reserves the right to review any and all such third party agreements entered into by TTA for compliance with the terms of this R:XZIGLERG~AGP, EEMN~TrALICN J~tr~r 7, 19~ Agreement. 10. SF,,CL~ITY and TR,&FFIC M'ANAGEMI~-NT PLJ2~'. TTA shall be responsible for providing security, safety and managing traffic for the Premises during an event. TTA shall not permit any person who appears to be under the influence of alcohol or controlled substances or persons using profane or indecent language, or engaging in boisterous or loud conduct to remain in or about the Premises and will call upon the aid of peace officers to assist and maintain in the Premises peaceful conditions. TTA shall provide for 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 tint aid and CPR. dm TTA shall prepare a Security and Traffic Management Plan ("Security and Traffic Management Plan") setting forth the public safety, parking and traffic plans to be used to hold any authorized event at the 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 and shall be approved, conditionally approved, or denied within thirty (30) days of submittal. Should the Director deny 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. TTA shall provide all mitigation measures as may be required under the Security and Traffic Management Plan at its sole cost and expense. 11. DAMAGE PROVI,qlONS. TTA shall pay for the repair and/or replacement of an 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. LI. 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, R:XZIGLERG',AGREF, I'IINT~'FfALICN Jammany encumbrance, charge, or pledge of the Premises or fixtures or fumishings, or any part thereof. 13. I]~!PROVEI~fI~,NTS. REPAIRS and MAINTENANCE. TTA shall make no substantial alteration or repair to the Premises without the prior written consent of the Director of Community Services, including but not limited to grading, carpentry, electrical, sewer, landscaping, paving and painting. TTA shall, at its sole cost and expense, repair and maintain in good order all utility lines inside the Promises, unless damage of said improvement occur as a result of City usage. 14. lIETURN of the Pliii:Ml.qES. Upon the termination of this Agreement, TTA shall return the Premises in as good as condition and repair as the Premises now exist, reasonable wear and tear excepted. 15. INDi~.MNIFICATION. Agency shall not be liable for any loss, damages, or injury to person or property of any persen 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 Agreement. TTA shall defend, indemnify, protect and hold Agency 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 Agency's sole negligence, gross negligence, recklessness, or intentional misconduct (or that of Agency's agents or employees). 16. IJA RII,ITY INSURA NC'~.. TTA shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persuns or damages to property which may arise from or in connection with the use of the Premises by TTA, its agents, representatives, employees or sublicensees. Minimum Scope of Insurance. Coverage shall be at least as broad as the following coverages and any updated insurance industry standard policies: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 13001); Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto); (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance; and (4) Liquor liability coverage;. Minimum Limits of Insurance. TTA shall maintain limits no less (D General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. $3,000,000 of General Liability is required for special events. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Liquor liability coverage of not less than $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its officers, officials, employees and volunteers; or the TTA shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following pmvisions: (1) The Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the TTA; products and completed operations of the TTA; premises owned, occupied or used by the TTA; or automobiles owned, leased, hired or borrowed by the TTA. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the TTA's insurance coverage shall be primary insurance as respects the Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the Agency, its officers, officials, employees or volunteers shall be excess of the TTA's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Agency, its officers, officials, employees or volunteers. (4) The TTA's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Agency. Acceptabili~ of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Agency. Verification of Coverage. TTA shall fumish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to he signed by a persun authorized by that insurer to bind coverage on its behalf. The endorsements are to he on forms provided by the Agency. All endorsements are to be received and appmved by the Agency before work commences. As an alternative to the Agency's forms, the TTA's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Failure to CompLv with Insurance Requirements. In the event the TTA falls to submit the required documentation for insurance to the Director within the times required by this Agreement or the Director receives notice or is made aware of the termination of any required insurance policy, the Director may immediately suspend TTA's rightto, use the Premises and shall cause a notice of default to be issued to the TTA. ASSIGNMENT and SUBLETTING. TTA shall not assign its interest in this Agreement or in the Premises to any person or entity without first obtaining the Director's written consent. Any assignment or sublicense without the Director's prior Written 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. 18. DEFAULT and RIGHT TO TERMINATE. (a) (b) (C) If TTA should fail to perform, keep or observe any of the terms, conditions or covenants as set forth in this Agreement, Agency 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 Agreement and TTA's ~ghts hereunder shall at the option of the Agency, be terminated and forfeited. Such election to terminate shall not be construed as a waiver of any claim the Agency may have against TTA, consistent with such termination. If, however, any failure is of such nature that it cannot be physically remedied within thirty (30) days,, except for the payment of money, and if TTA hall have commenced the elimination of such failure promptly after the receipt of such notice, and shall continuously and diligen~y proceed in good faith to eliminate such default, then the period for correction shall be extended for such length of time as is reasonably necessary to complete such correction. The failure of TTA to fund the necessary corrections shall not justify an extension of the time to cure beyond the initial 30 day perind. Upon any termination of this Agreement, TTA covenants and agrees to:surrender and to forfeit this Agreement, and deliver up the Premises peaceably to the Agency immediately upon any such termination. If said TTA shall remain in possession of said Premises 'after any termination of this Agreement, TTA shall be deemed guilty of an unlawful detention of the Premises. Notwithstanding any other provision of this Agreement to the contrary, the Agency shall not be deemed to be in default until thirty (30) days after notice of default is given by the TTA to the Agency. ;If such default cannot be cured within such thirty day period, th~ Agency shall not be deemed to be in default provided that, within such thirty (30) day period, the Agency shall commence and thereafter diligently prosecure efforts to cure the default. IJ~.G.AI. REM'I~II~.,..q. Each party shall have all remedies as may be allowed by la~ or equity to enforce its rights in this Agreement. No legal action shall be filed by one party against the other party until such time as the other party has received the notice of default as provided in this Agreement. Any such action shall be filed in Riverside County, Califomia. The prevailing party in a court action shall be enti~od to reasonable attomey's fees and costs. USE. IlI~,STIIICTIONS. TTA agrees to maintain 'the Premises in a clean and neat condition, free and clear of garbage and debris. No dumping, storage of baT~rdous or toxic waste, nor the maintenance of ' any nuisance, public or private, shall be permitted. No rights across any contiguous parcels are granted by this Agreement 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 in writing by the Agency Engineer prior to any such work. 21. STORAGE. TTA may store on the Premises the bleachers, booth, announcers stands and waste bins necessary and appropriate to the staging of activities permitted by this Agreement. The Agency may relocate this equipment when TTA is not using the Premises. 22. UTII,1TIF. S. TTA shall pay for all utility costs incurrod for the periods when TTA is using the Premises. FENCING. The Agency may require that the TTA, when not using the Premises, remove the interior fencing from the site within ~ftcc. cn (15) calendar days, and be responsible for any reinstalla~on of said interior fencing. 2A. COVENANTS for NON-DISCRIMINATION The TTA covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Premises, nor shall the TTA itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Premises. The TTA shall refrain from restricting the rental or lease of the Premises On the basis of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry of any person. All such leases, subleases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persuns claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "There shall be no discrimination against or segregation of any persun or group of persons on account of race, color, creed, religion, sex, marital stares, handicap, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises here- in leased ,nor shall the lessee himself or herself, or any persun claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, num- ber, use or occupancy of tenants, lessees, sublessees, sub- tenants or vendees in the premises herein leased." In Contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, marital status, handicap, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection; location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises." 25. NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given IIII IIII AGENCY: TTA: either by (i) personal service, .(ii) delivery by a reputable document delivery service,i such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mall, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92590 Attention: Executive Director THE TEMECULA TOWN ASSOCIATION P.O. Box 435 Tcmecula, CA 92590 Attention: General Manager 26. ENTIRE AGR~<~:MENT. This Agreement, and the documents attached hereto or mentioned heroin, contain all of the agreements of the Parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 27. AMI~.NDMI~.NTS. No provision of this Agreement may be amended or added to except by an agreement in writing. IN WITNESS WI:IE, REOF, the parties hereto have executed this Agreement as of the date first written above. TEMECULA TOWN ASSOCIATION INC., a Cnliforllia Non-Profit Corporation I~k"3~EVELOPMENT AGENCY OF ~ CITY OF TEMECULA By: Name: Steven Ford Title: Chairperson By: Name: Title: ATTEST: June S. Greek City ~Clerk/Secretary APPP,2OVED AS TO FORM: Peter M. Thorson City Attomey I~I)IBIT A PRRCEL R 1.742.400 S.F. 40.00 ACRE15 * PORTION PCL 1. P.M. N0.4646 SCRLE: 1 "=300' o PORTION PCL 1. P.M. N0,4646 ~\,, z ~ .~ / N 41oso'aa- ~ ~.81' }~ -  (x N71'43'46'~ e4 ~ ~ 43 3g 48 ~-'. RLBR ENGINEERING, INC, ~a ,l_ or J, EXHII]IT 'B" FOR PRRCELS R RND B I,:XHI[BIT A (COtiT.) PARCEL **A~* BEING A pORTION OF pARCEL I OF PARCEL MAP NO. 4646, IN THE CITY OF TENECULA, COUNTY OF RIVERSIDE, STATE OF CALIFOPa~IA, ACCORDING TO A ~tAP THEREOF FILED IN BOOK 6 PAGE 75 OF PARCEL MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST HORTHERLY CORNER OF SAID PARCEL 1; TH~-NCE ALONG THE NORTHEASTERLY ~OUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER CHANNEL EASEMENT TO THE COUNTY OF RIIF~RSIDE AS RECORDED SEPTEMBER 13, 1939, FER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOLFfH 41°42 '22" EAST 19.O8 FE~'T TO THE BEGINNING OF A T~G~NT, 4000.00 FOOT RADIUS CURVE COBCAVE NORTHEASTI"-RLYi T~RNCE SOUTH~AST~RLY, ALONG THE ARC OF SAID C~VE, THROUGH A CRN~ ~GLE OF 6°36t30", 461.35 FEET; THENCE TARGENT TO SAID CURIr~, SOUTH 48~18'52s' EAST 482.01 F=ET TO THE NORTMEASTENaSY PROLONGATION OF THE C~NTERLIHE OF A~ EASI2~ENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE FER INSTRUMENT NO. 152905, OF OFFICIAL HECORDS OF SAID COUNTY, RECORDED NOVEMBER 16, 1972 ~ ~ MOST EASTERLY CORN~ OF SAID PARCEL 1; THENCE LEAVING SAID HORTMEAST~-I~LY BOUNDARY, AND ALONG THE GEN~L SO~THEASTERL[ LINE OF SAID PARCEL 1, SOUTH 43~58'46~ WEST 1387.89 FEET TO THE BEGINNING OF ,A TAMGERT, 850.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOITX~iWESTERLy, ALONG THE ARC OF SAID CURVE, THROUGH A CRNTEAL ANGLE OF 25~52~42", 383.91 FEET TO A POINT TO WHICI{ A RADIAL LINE SEARS SOUTH 20°08~328 EAST; THENCE NORTH 41e50822" W~ST 1001.63 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 1680.60 FEET FROM THE MOST NORTHERly CONNER OF SAID PARCEL; THL~NCE NORTH 48~09~38" EAST 1680.60 F~-ET TO THE POINT OF BEGINNING. SUBJECT TO COVENANTS, CONOITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS, IF ANY OF RECORD. CONTAINING AN AREA OF 40.00 lCRES, MORE OR LESS. SEE EXHIBIT "B", ATTACMED HFaETO A~D BY THIS REFERENCE MADE A PART HEREOF. R3rRIBIT B RLBR ENGINEERING, INC. EXHIBTT 'B" FOR PFIRCELS R RND B