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Home My WebLink About100896 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting 128 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING COMMUNITY RECREATION CENTER 30875 RANCHO VISTA ROAD OCTOBER 8, 1996 - 7:00 PM 6:00 PM - Closed Session of the City: Council pursuant to Government] Code@ Sections: 1. 54956.9ta), Claim of Nichoias Baddon(min6r).@@ 2. 54956.8. Conference @vvith Real Property @Negotiator, location, West side of Front Street west of Interstate 1 5, Temecula' (APN 922-110-005); negotiating parties: City of Temecula and Margarita Canyon LLC;@ Under @Neaotiation:@ negotiation of price and terms of acquisitions of temporary o@nstrucfion and slope easements adia6ent to the properties. At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM. Next in Order: Ordinance: No. 96-18 Resolution:No. 96-123 CALL TO ORDER: Mayor Karel Lindemans presiding Prelude Music:Kurt Jordan Invocation:Reverend David French, Temecula United Methodist Church Flag Salute:Councilmember Ford ROLL CALL:Birdsall, Ford, Roberts, Stone, Lindemans PRESENTATIONS/California Rideshare Week PROCLAMATIONSDomestic Violence Awareness Week Red Ribbon Week R:\AgendeklOO896 1 PUBLIC COMMENTS A total of 30 minutes is provided so members of the public can address the Council on items that appear within the Consent Calerdar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter = listed on the Agenda, a pink "Request to Speak' form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a 'Request to Speak' form must be filed with the City Clerk before the Council gets to that item. There is a five (5)minute time limit for individual speakers. CITY COUNCIL REPOM Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (1 0) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PU@ 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 City Council request specific items be removed from the Consent Calendar for separate action. 1Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2Resolution Approving List of Dem@ RECOMMENDATION: 2.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:@er,da\l 00896 2 3City Treasurer's Report ar, of August 31, 1 996 RECOMMENDATION: 3.1Receive and file the City Treasurer's Report as of August 31, 1996. 4Professional Inspection Services Aareement with L.D. King. Inc., for Winchester Road at Interstate Route 1 5. Bridge Widening and Northbound Ramn Improvements, Project No RECOMMENDATION: 4.1Award a contract for Professional Inspection Services for Winchester Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements, Project No. PW94-21, to L.D. King, Inc. For $180,000.00 and authorize the Mayor to execute the contract. 4.2Authorize the City Manager to approve change orders not to exceed the contingency amount of $18,000.00 which is equal to 1 0% of the contract amount. RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING. TEMECULA REDEVELOPMENT MEETING, OLD TOWN[WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY MEETING R:@enda\100896 3 TEMECULA COMMUNITY@ SERVICES@ DISTRICT @MEETING Next in Order: Ordinancea No. CSD 96-01 Resolution:No. CSD 96-10 CALL TO ORDER: President Ron Roberts ROLL CALL: DIRECTORS; Birdsall, Ford, Lindemans, Stone, Roberts PUBLIC COMMENT: A total of 1 5 minutes is provided so members of the public can address the Board of Directors on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Board of Directors on an item = listed on the Agenda or on the Consent Calendar, a pink 'Request to Speak' form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a 'Request to Speak' form must be filed with the City Clerk before the Board of Directors gets to that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors, should present a completed pink 'Request to Speak' to the City Clerk. When you are called to speak, please come forward and state your name and address for the record, CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of September 24, 1996. DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson GENERAL MANAGERS REPORT - Bradley BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: October 22, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:@..d.%100896 4 TEMECULA REDEVELOPMENT AGENCY @MEETING:@ Next Orderm Ordinance* No. RDA 96-01 Resolutionq No. RDA 96-19 CALL TO ORDER: Chairperson Patricia H. Birdsall presiding ROLL CALL: AGENCY MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Redevelopment Agency on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item = listed on the Agenda or on the Consent Calendar, a pink 'Request to Speak' form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a 'Request to Speak' form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1Approve the minutes of September 24, 1996. 2Acouisition of Property for the Affordable Housina Proaram RECOMMENDATION: 2.1Adopt a resolution entitled: RESOLUTION NO. RDA 96- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTIES LOCATED AT 28485-28497 PUJOL STREET AND 28559-28565 PUJOL STREET IN THE CITY OF TEMECULA R:@g.r,ds\l 00896 6 2.2Authorize the expenditures of up to $1,264,000 from RDA Housing set-aside funds for acquisition, escrow and closing costs. 2.3Authorize the transfer of $274,000 from the RDA Fund Balance to Account No. 165- 199-812-5804. AGENCY BUSINESS 3FY 1996/97 Economic Development Strateamc Plan RECOMMENDATION: 3.1Review the 1997 Economic Development Strategic Plan update; 3.2Review and approve the 1997 Marketing Plan; 3.3Review and provide direction regarding the funding request of: Temecula Valley Chamber of Commerce Temecula Valley Economic Development Corporation Temecula Valley Film Council 3.4Appropriate additional funding to the Marketing Budget 280-199-999-5270, Economic Development Budget 280-1 99-999-5264 and Salaries 280-1 90-999-51 00, based upon the action of 2, 3 and 4 above. 4North Pu*ol Street Demolition RECOMMENDATION: 3.1Authorize the expenditure of $1 5,500 from Account No. 165-1 99-812-5204 for the demolition and clean-up of four City-owned properties located at 28534, 28535, 28545 and 28555 Pujol Street. R:@er,d.\100896 6 EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT Next regular meeting: October 22, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:\Agenda\100896 7 @OLD TOWN@ WESTSIDE COMMUNITY@ FACILITIES DISTRICT FINANCING AUTHORITY@:@@ Next Orders Resolution No.: No. FA 96-12 CALL TO ORDER: President Patricia H. Birdsall ROLL CALL: Ford, Lindemans, Roberts, Stone, Birdsall PUBLIC COMMENTS A total of 1 5 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item = listed on the Agenda a pink 'Request To Speak' form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address, CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of September 24, 1996. ADJOURNMENT Next regular meeting: October 22, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:@e.da\100896 8 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARINGS Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the projectis) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 5Planning Alipl*catoon No. PA96-0130 Amendment and Restatement of Develooment Aareement No. 3 for Plannina Areas No. 8. 9 and 12 (Final Tract Maps 22761 and 22762) with Specific Plan No. M RECOMMENDATION: 5.1Adopt the Negative Declaration for Planning Application No. PA96-0130; 5.2Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 3 BETWEEN THE CITY OF TEMECULA AND VAN DAELE DEVELOPMENT CORPORATION[WRI ASSOCIATES, INC. FOR FINAL TRACT MAPS NO. 22761 AND 22762, WITHIN SPECIFIC PLAN NO. 180 JPLANNING APPLICATION NO. PA96-0130) COUNCIL BUSINESS 6Consideration of a Proaram to Reduce the Sale of Alcoholic Beverages to Minors Temecula (Placed on the agenda by Councilmembers Stone and Roberts) RECOMMENDATION: 6.1The staff will finalize the staff report on this item and forward it under separate cover. 7Future Middle School Site RECOMMENDATION: 7.1Provide direction to the Temecula Valley Unified School District on the selection of a site for a future middle school. R:\Agerids\100896 9 CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: October 22, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:@..d.%100896 10 PROCLAMATIONS/ PRESENTATIONS In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING COMMUNITY RECREATION CENTER 30875 RANCHO VISTA ROAD OCTOBER 8, 1996 - 7:00 PM 6:00 PM - Closed Session of the City@Council@@pursuant:to@iGovernment Code@@Sections: 1.54956.9(a), Claim of Nicholas: Baddon @iminor).,. 2. 54956.81 Conf erence @with@ Real Property Negdtiator,, @iocation: West side @of Front Street, . we of Interstate 15, Temecula (APN 922-110-005);@@negotiatina oarties-.'City' of Temecula and Margarita Canyon LLC; Under Negotiation. negotiation of@ Drice and terms of acouisifion @of@@. temporary construction and slope easements adiii6ent:to the properties At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM. Next in Ordere Ordinancee No. 96-1 8 Resolution:No. 96-123 CALL TO ORDER:Mayor Karel Lindemans presiding Prelude Music:Kurt Jordan Invocation:Reverend David French, Temecula United Methodist Church Flag Salute:Councilmember Ford ROLL CALL:Birdsall, Ford, Roberts, Stone, Lindemans PRESENTATIONS/California Rideshare Week PROCLAMATIONSDomestic Violence Awareness Week Red Ribbon Week R:\Agende@10OB96 1 The City of Temecula PROCLAMATION Vv']HEREAS, thousands of commuters @ughout California will be @g an alternative commute as part of the eleventh annual California Rideshare Wee]L; and V*7HEREAS, this statewide campaign promotes carpooling, vanpooling, @g transit, bicycling, walking and felecommufing as methods that help reduce auto traffic and air pollution; and NMEREAS, Southern California Association of Government'& rideshare department is working with employers and community organizations throughout our region to ox-ganize eventii that help commuters give ridesharing to work a @; and WHEREAS, the City of Temecula supports the California Ridesham Week campaign and urges all Temecula residents to @ an alternative method of transportation at least once during the week; NOW, THEREFORE, 1, @l F. Lindemans, Mayor of Tem@t4 California, do hereby proclaim October 7 through 11, 1996 to be "CALIFORNIA RIDESHARE WEEK" m the City of Temecula. IN @TNESS VvTliEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 8th day of October, 1996. @l F. Lindemans, Mayor June S. Greek, CMC, City Clerk The Cify of Temecula PROCLAMATION WHEREAS, domestic violence in A3nerica has reached epidemic levels as statistically one woman is battered every seven to nine seconds by someone she loved and trusted and that men also may become victims of domestic violence; and WHEREAS, ;t-udies indicate that each year domestic violence results in more than 100,000 days of hospitalization, uncounted numbers of emergency room visits, Visits to private physicians and medical treatment expenses exceeding 100 million dollars; and WHEREAS, studies of Domestic Violence indicate a seventt-five percent correlation rate between domestic violence and child abuse, which shows that millions of children are often the forgotten victims who witness domestic violence; and WHEREAS, Alternatives to Domestic Violence in Riverside County (ADV), began in 1977 by establishing safe houses, and whose mission is to "improve the quality of life and create hope by ending the cycle of domestic violence through se@ces and education." NOW, THEREFORE, 1, @l F. Lindemans, on behalf of the City Council of the City of Temecula, hereby proclaiitn the week of October 13th, 1996, @ be and that the observance be symbolized by the display and we@g of purple ribbons. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Cl@- of Temecula to be affied this 8th day of October, 1996. Karel F. Lindemans, Mayor June S. Greek, CMC, City Clerk The Cify of Temecula PROCLA3UTION V*7HEREAS, tobacco, alcohol and other " use and abuse has reached pandemic stages m California and throughout the United State,,; and, WHEREAS, it is imperafie that community members launch unified and visible tobacco, alcohol, and other drug prevention education programs and activities to eliminate the demand for those substances; and, V*THEREAS, California For Drug-Free Youth, Inc. (CADFY), coordinates the California Red Ribbon Celebration in cooperation with National Family P@ership to offer our citizens the opportunity to demonstrate their commitment to healthy, dmg-free lifestyles; and, NMEREAS, the Red Ribbon Celebration wiR be observed across America during RED RIBBON WEEK and parents, youth, government, business, law enforcement, schools, religious institutions, service organizations, social and health services, media and the general public wiH demonstrate their commitment to dmg-free communities by we@g and displaying red ribbons during this wee]L-long celebration. NOW, THEREFORE, I, @l F. Lindemans, on behalf of the City Council of the City of Temecula, encourage all citizens 6 participate in tobacco, alcohol and other drug prevention efforts, and do hereby, proclaim the week of October 23rd - 31st, 1996, as, IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the (City of Temecula to he J6ed this 8th day of October, 1996. @l F. Lindemans, Mayor June S. Grech, CMC, City Clerk ITEI\4 1 ITEI\4 2 RESOLUTTON NO. 96- A RESOLUTION OF THE CITY COUNCEL OF THE CITY OF CULA ALLOWING CERTAIN CLABE AND DEMANDS AS SET FORTH IN EXMMIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $2,242,535.43 Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 8th day of October, 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek, CMC, City Clerk [SEAL] Resos 117 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 96- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of October, 1996 by the following roll call vote: AYES:COUNCILMEMBERS: NOES:COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Greek, CMC, City Clerk Resos 117 2 CITY OF TEMECULA LIST OF DEMANDS 09/19/96 TOTAL CHECK RUN: $169,458.19 09126/96 TOTAL CHECK RUN: 1,282,556.01 10108196 TOTAL CHECK RUN: 652,039.29 09/19/96 TOTAL PAYROLL RUN: 138,481.94 TOTAL LIST OF DEMANDS FOR lOiO8/96 COUNCIL MEETING: $ 2,242,535.43 DISBURSEMENTS BY FUND: CHECKS 001 GENERAL $510,090.81 100 GAS TAX 6,401.44 165 RDA-LOW/MOD 2,402.11 190 COMMUNITY SERVICES DISTRICT 76,275.61 191 TCSD SERVICE LEVEL A 9,623.60 192 TCSD SERVICE LEVEL B 60.69 193 TCSO SERVICE LEVEL C 8,733.23 194 TCSD SERVICE LEVEL D 417.73 210 CAPITAL IMPROVEMENT PROJ (CIP) 1,266,976.62 280 RDA-CIP 143,619.47 300 INSURANCE 44,952.56 320 INFORMATIONS SYSTEMS 15,869.16 330 SUPPORT SERVICES 4,462.83 340 FACILITIES 14,167.63 2,104,053.49 PAYROLL 001 GENERAL $94,715.03 165 RDA-LOW/MOD 1,567.42 190 TCSD 28,548.24 191 TCSD SERVICE LEVEL A 70@34 192 TCSD SERVICE LEVEL 6 175.02 193 TCSD SERVICE LEVEL C 2,811.43 194 TCSD SERVICE LEVEL D 1,038@77 280 RDA-CIP 2,761.51 300 INSURANCE 519@25 320 INFORMATION SYSTEMS 3,086.21 330 SUPPORT SERVICES 825@46 340 FACILITIES -2,363.26 138,481.94 TOTAL BY FUND: $ 2,242,535.43 PRE E CCOUNTING SPECIALIST HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. ,XENW R T DIRECTOR OF FINANCE HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. RONALD E. BRADLEY, CITY MANAGER VOUCHRE2 CITY OF TEMECULA 10 09/19/96 09:23 VOtJCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOIJNT 001 GENERAL FUND 73,858.63 100 GAS TAX FUND 6,401.44 165 RDA DEV- LOW/MOD SET ASIDE 711.36 190 COMMUNITY SERVICES DISTRICT 37,025.14 191 TCSD SERVICE LEVEL A 8,552.67 192 TCSD SERVICE LEVEL 8 60.69 193 TCSD SERVICE LEVEL C 8,204.15 194 TCSD SERVICE LEVEL D 417.73 210 CAPITAL IMPROVEMENT PROJ FUND 11,121.51 280 REDEVELOPMENT AGENCY - CIP 10,306.19 300 INSURANCE FUND 3,252.18 320 INFORMATION SYSTEMS 3,247.82 330 SUPPORT SERVICES 4,462.83 340 FACILITIES 1,835.85 TOTAL RE2 CITY OF TEMECULA PAGE 1 09/19/96 09:23 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VO(JCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31237 09/13/96 C.A.F.A.A. FIRE ALARM CF:9/18:CABRAL/HAMP 001-170-999-5261 100.00 100.00 31239 09/16/96 001290 MEYER, JOHN CA MAINST CF:MEYER:9/18-20:ADV 280-199-999-5258 200.00 200.00 31240 09/16/96 000984 CALIFORNIA MAIN STREET CA MAINST CF:MEYER:9/18-20/96 280-199-999-5258 100.00 100.00 31241 09/17/96 000144 COSTCO WHOLESALE CORPOR SUPPLIES-VOLUNTEERS RECOGNITIO 190-183-999-5370 89.85 89.85 31242 09/18/96 000418 RIVERSIDE CO. CLERK & R FILING NOTICE OF EXEMPTION 001-161-999-5224 78.00 78.00 756014 09/19/96 000444 WELLSTAX (EDD) 000"4 SDI 001-2070 82.78 756014 09/19/96 000444 WELLSTAX (EDD) 000444 SDI 165-2070 2.42 756014 09/19/96 000444 WELLSTAX (EDD) 000444 SDI 190-2070 85.89 756014 09/19/96 000444 WELLSTAX (EDD) 000444 SDI 193-2070 4.58 756014 09/19/96 000444 WELLSTAX (EDD) 000444 SDI 280-2070 12.80 756014 09/19/96 000444 WELLSTAX (EDD) 000444 SDI 320-2070 16.00 756014 09/19/96 000444 WELLSTAX (EDD) 000444 STATE 001-2070 3,915.71 756014 09/19/96 000444 WELLSTAX (EDD) 000444 STATE 165-2070 80.67 756014 09/19/96 000444 WELLSTAX (EDD) 000444 STATE 190-2070 803.97 '14 09/19/96 000444 WELLSTAX (EDD) 000444 STATE 191-2070 1.69 14 09/19/96 000444 WELLSTAX (EDD) 000444 STATE 192-2070 3.89 e.)oOl4 09/19/96 000444 WELLSTAX (EDD) 000444 STATE 193-2070 120.70 756014 09/19/96 000444 WELLSTAX (EDD) 000444 STATE 194-2070 29.02 756014 09/19/96 000444 WELLSTAX (EDD) 000444 STATE 280-2070 109.84 756014 09/19/96 000444 WELLSTAX (EDD) 000444 STATE 300-2070 33.94 756014 09/19/96 000444 WELLSTAX (EDD) 000444 STATE 320-2070 205.45 756014 09/19/96 000444 WELLSTAX (EDD) 000444 STATE 330-2070 27.59 756014 09/19/96 000444 WELLSTAX (EDD) 000444 STATE 340-2070 23.70 5,560.64 763075 09/19/96 000283 WELLSTAX (IRS) 000283 FEDERAL 001-2070 14,830.40 763075 09/19/96 000283 WELLSTAX (IRS) 000283 FEDERAL 165-2070 233.02 763075 09/19/96 000283 WELLSTAX (IRS) 000283 FEDERAL 190-2070 3,451.10 763075 09/19/96 000283 WELLSTAX (IRS) 000283 FEDERAL 191-2070 9.01 763075 09/19/96 000283 WELLSTAX (IRS) 000283 FEDERAL 192-2070 22.14 763075 09/19/96 000283 WELLSTAX (IRS) 000283 FEDERAL 193-2070 499.72 763075 09/19/96 000283 WELLSTAX (IRS) 000283 FEDERAL 194-2070 158.58 763075 09/19/96 000283 WELLSTAX (IRS) 000283 FEDERAL 280-2070 388.80 763075 09/19/96 000283 WELLSTAX (IRS) 000283 FEDERAL 300-2070 117.58 763075 09/19/96 000283 WELLSTAX (IRS) 000283 FEDERAL 320-2070 709.72 763075 09/19/96 000283 WELLSTAX (IRS) 000283 FEDERAL 330-2070 128.77 763075 09/19/96 000283 WELLSTAX (IRS) 000283 FEDERAL 340-2070 199.42 763075 09/19/96 000283 WELLSTAX (IRS) 000283 MEDICARE 001-2070 3,510.86 763075 09/19/96 000283 WELLSTAX (IRS) 000283 MEDICARE 165-2070 57.92 763075 09/19/96 000283 WELLSTAX (IRS) 000283 MEDICARE 190-2070 1,016.55 763075 09/19/96 000283 WELLSTAX (IRS) 000283 MEDICARE 191-2070 2.38 763075 09/19/96 000283 WELLSTAX (IRS) 000283 MEDICARE 192-2070 5.97 76307'5 09/19/96 000283 WELLSTAX (IRS) 000283 MEDICARE 193-2070 102.43 75 09/19/96 000283 WELLSTAX (IRS) 000283 MEDICARE 194-2070 36.87 5 09/19/96 000283 WELLSTAX (IRS) 000283 MEDICARE 280-2070 100.35 tujU75 09/19/96 000283 WELLSTAX (IRS) 000283 MEDICARE 300-2070 19.88 763075 09/19/96 000283 WELLSTAX (IRS) 000283 MEDICARE 320-2070 124.68 VOUCHRE2 CITY OF TEMECULA @i 2 09/19/96 09:23 VOL)CHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME' DESCRIPTION NUMBER AMOUNT AMOUNT 763075 09/19/96 000283 WELLSTAX (IRS) 000283 MEDICARE 330-2070 27.82 763075 09/19/96 000283 WELLSTAX (IRS) 000283 MEDICARE 340-2070 78.70 25,a32.67 31245 09/19/96 001515 A S A P TRUCK TRACTOR & WEED ABATEMENT SERVICES 001-162-999-5440 5,618.00 5,618.00 31246 09/19/96 002134 ALLIED BARRICADE COMPAN CAUTION SIGNS 190-180-999-5244 104.00 31246 09/19/96 002134 ALLIED BARRICADE COMPAN TAX 190-180-999-5244 8.06 112.06 31248 09/19/96 000101 APPLE ONE, INC- TEMP HELP W/E 8/31 WILLIAMS 001-161-999-5118 216.72 216.72 31249 09/19/96 000195 ASCOM HASLER MAILING SY MONTHLY BILL RATE FOR POSTAGE 330-199-999-5217 170.25 31249 09/19/96 000195 ASCOM HASLER MAILING SY SERVICE CHARGE FOR METER RESET 330-199-999-5217 30.00 200.25 31250 09/19/96 000122 B S N SPORTS MISC RECREATION SUPPLIES 190-182-999-5301 25.00 31250 09/19/96 000122 B S N SPORTS MISC RECREATION SUPPLIES 190-182-999-5301 88.00 31250 09/19/96 000122 B S N SPORTS MISC RECREATION SUPPLIES 190-183-999-5380 52.00 31250 09/19/96 000122 8 S N SPORTS MISC RECREATION SUPPLIES 190-183-999-5380 51.00 31250 09/19/96 000122 B S N SPORTS MISC RECREATION SUPPLIES 190-182-999-5301 72.00 31250 09/19/96 000122 B S N SPORTS FREIGHT 190-183-999-5380 34.56 31250 09/19/96 000122 8 S N SPORTS TAX 190-183-999-5380 5.58 31250 09/19/96 000122 B S N SPORTS TAX 190-182-999-5301 16.74 344.88 31251 09/19/96 001974 BALDWIN WEED ABATEMENT WEED ABATEMENT SERVICES 001-162-999-5440 4,965.00 31251 09/19/96 001974 BALDWIN WEED ABATEMENT CREDIT:OVERCHARGED ON INV#63 001-162-999-5440 1,612.40- 3,352.60 31252 09/19/96 002085 BARNEY & BARNEY INSURANCE COMM PACKAGE ANNUAL 300-199-999-5200 2,990.00 2,990.00 31253 09/19/96 000135 CENTRAL CITIES SIGN SER MISC. HARDWARE & MATERIALS 001-164-601-5244 117.99 31253 09/19/96 000135 CENTRAL CITIES SIGN SER MARKERS/ADHESIVE-FIRE HYDRANTS 001-164-601-5244 3,377.96 31253 09/19/96 000135 CENTRAL CITIES SIGN SER MISC. HARDWARE & MATERIALS 001-164-601-5244 87.28 31253 09/19/96 000135 CENTRAL CITIES SIGN SER MISC. HARDWARE & MATERIALS 001-164-601-5244 320.83 3,904.06 31254 09/19/96 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 001-162-999-5263 15.47 15.47 31255 09/19/96 000442 COMPUTER ALERT SYSTEMS ALARM MONITORING-CITY HALL 340-199-701-5250 135.00 135.00 31256 09/19/96 CONCHOLA, BARBARA DJ-SENIOR CENTER ANNIVERSARY 190-181-999-5301 100.00 100.00 31257 09/19/96 002379 CONNIE'S CREATIVE BASKE GIFT MUGS FOR RNC 280-199-999-5270 275.00 275.00 31258 09/19/96 COSCAN DAVIDSON HOMES REFUND:BLDG FEES-DOWN SIZED 001-2290 .65 31258 09/19/96 COSCAN DAVIDSON HOMES REFUND:BLDG FEES-DOWN SIZED 001-162-4285 39.99 31258 09/19/96 COSCAN DAVIDSON HOMES REFUND:BLDG FEES-DOWN SIZED 001-2290 .65 31258 09/19/96 COSCAN DAVIDSON HOMES REFUND:BLDG FEES-DOWN SIZED 001-162-4285 39.99 31259 09/19/96 002106 DA FAMILY SUPPORT 002106 SUPPORT 190-2140 100.00 100.00 ,RE2 CITY OF TEMECULA PAGE 3 09/19/96 09:23 VOIJCNER/CHECK REGISTER FOR ALL PERIODS VOIJCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31260 09/19/96 000155 DAVLIN FILMING OF COUNCIL MEETING 001-100-999-5250 810.88 810.88 31261 09/19/96 002390 EASTERN MUNICIPAL WATER 39656 DIEGO DR LDSC AUG 193-180-999-5240 705.65 705.65 31262 09/19/96 000754 ELLIOTT GROUP, THE LANDSCAPE REVIEW 001-161-999-5250 3,165.00 31262 09/19/96 000754 ELLIOTT GROUP, THE LANDSCAPE REVIEW 001-161-999-5250 1,440.00 4,605.00 31263 09/19/96 002060 EUROPEAN DELI & CATERIN REFRESHMENTS-COTJNCIL MEETINGS 001-100-999-5260 125.63 125.63 31264 09/19/96 001056 EXCEL LANDSCAPE LDSC MAINT - SPORTS PARKS 190-180-999-5415 1,950.00 1,950.00 31265 09/19/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 190-180-999-5230 9.50 31265 09/19/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-162-999-5230 49.20 58.70 31266 09/19/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0180/KL/AUG 001-100-999-5260 28.05 31266 09/19/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0198/MJM/AUG 001-110-999-5258 14.50 31266 09/19/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0115/JG/AUG 001-120-999-5260 15.00 31266 09/19/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0057/SN/AUG 190-180-999-5260 14.07 71.62 167 09/19/96 000184 G T E CALIFORNIA - PAYM 909-694-6400-GENERAL USAGE/AUG 320-199-999-5208 718.53 57 09/19/96 000184 G T E CALIFORNIA - PAYM 909-699-1370-CABOOSE-AUG 001-110-999-5223 115.38 833.91 31268 09/19/96 001355 G T E CALIFORNIA, INC. MONTHLY ACCESS CHARGES/CRC/AUG 320-199-999-5208 350.00 31268 09/19/96 001355 G T E CALIFORNIA, INC. MONTHLY ACCESS CHARGES/AUG 320-199-999-5208 305.00 655.00 31269 09/19/96 001164 GABRIEL, RICHARD OCT RENT FOR CITY MAINT. YARD 001-164-601-5234 440.00 31269 09/19/96 001164 GABRIEL, RICHARD OCT RENT FOR CITY MAINT. YARD 190-180-999-5?-34 352.00 31269 09/19/96 001164 GABRIEL, RICHARD OCT RENT FOR CITY MAINT. YARD 001-162-999-5234 88.00 880.00 31270 09/19/96 000177 GLENNIES OFFICE PRODUCT GENERAL SUPPLIES FOR CRC 190-182-999-5220 50.69 31270 09/19/96 000177 GLENNIES OFFICE PRODUCT GENERAL SUPPLIES FOR CRC 190-182-999-5220 16.38 31270 09/19/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES FOR TCSD - 190-180-999-5220 200.98 31270 09/19/96 00017'7 GLENNIES OFFICE PRODUCT CREDIT:OFFICE SUPPLIES 001-140-999-5220 9.59- 258.46 31271 09/19/96 000175 GOVERNMENT FINANCE OFFI CF:GFOA-MCDERMOTT 10/14-16 001-140-999-5261 630.00 630.00 31272 09/19/96 002336 H H R C EMPLOYEE ASSISTANCE PROGRAM 001-150-999-5250 348.45 348.45 31273 09/19/96 000186 HANKS HARDWARE, INC. MISC SPECIAL EVENT SUPPLIES 190-183-999-5370 12.89 31273 09/19/96 000186 HANKS HARDWARE, INC. MAINTENANCE SUPPLIES 190-180-999-5212 658.88 31273 09/19/96 000186 HANKS HARDWARE, INC. MAINTENANCE SUPPLIES 190-180-999-5212 1,179.52 1,851.29 31274 09/19/96 001644 HILLCREST CONTRACTING, RELEASE RETENTION AC ST REPAIR 100-2035 6,401.44 6,401.44 31275 09/19/96 002472 HOT SPRINGS PHOTO PICTURES-PROMOTIONAL BROCHURES 280-199-999-5270 207.42 207.42 31276 09/19/96 002098 HOUSE OF MOTORCYCLES PARTS FOR TEM. PD. MOTORCYCLES 001-170-999-5214 276.88 '76 09/19/96 002098 HOUSE OF MOTORCYCLES REPAIR & MAINT. POLICE MOTOR. 001-170-999-5214 781.33 6 09/19/96 002098 HOUSE OF MOTORCYCLES PARTS FOR TEM. PD. MOTORCYCLES 001-170-999-5214 12.80 -.276 09/19/96 002098 HOUSE OF MOTORCYCLES PARTS FOR TEM. PD. MOTORCYCLES 001-170-999-5214 38.26 1,109.27 VOUCHRE2 CITY OF TEMECULA 4 09/19/96 09:23 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOtJCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCDIJNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31277 09/19/96 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 001-2080 1,462.80 31277 09/19/96 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 190-2080 426.87 31277 09/19/96 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 193-2080 7.14 1,896.81 31278 09/19/96 002464 IKON CAPITAL LEASE AGRMNT FOR SHARP COPIER 001-171-999-5239 526.41 526.41 31279 09/19/96 001910 IKON OFFICE SOLUTIONS, SEPT MONTHLY MAINT AGREEMENT 330-199-999-5217 214.56 214.56 31280 09/19/96 001351 INLAND EMPIRE ECONOMIC MTG:WATER DIST.MCLARNEY-10/3 280-199-999-5260 20.00 20.00 31281 09/19/96 001340 INNOVATIVE IMAGES FRAME FOR DONATED ART WORK 210-199-650-5804 586.50 586.50 31282 09/19/96 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 001-2140 309.85 309.85 31283 09/19/96 001186 IRWIN, JOHN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 134.40 134.40 31284 09/19/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 9/1 EVANS 001-164-604-5118 138.65 31284 09/19/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 9/1 EVANS 001-163-999-5118 138.65 31284 09/19/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 9/1 EVANS 001-165-999-5118 138.70 416.00 31285 09/19/96 000205 KIDS PARTIES, ETC. MAGIC SHOW -FAMILY FUN NIGHT 190-183-999-5320 65.00 1 31286 09/19/96 002023 KING, WENDE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 462.56 462.56 31287 09/19/96 000548 KIPLINGER CALIFORNIA LE 1 YR SUBSCRIPTION:CALIF LETTER 001-110-999-5228 73.00 73.00 31288 09/19/96 000220 MAURICE PRINTERS, INC. REDEVELOPMENT NEWSLETTER 280-199-999-5250 2,828.00 31288 09/19/96 000220 MAURICE PRINTERS, INC. TAX 280-199-999-5250 219.17 3,047.17 31289 09/19/96 000843 MCDANIEL ENGINEERING CO FEB-MAR SERVS WESTERN BYPASS 210-165-612-5802 1,215.00 31289 09/19/96 000843 MCDANIEL ENGINEERING CO APR SRVCS WESTERN BYPASS 210-165-612-5802 1,309.40 31289 09/19/96 000843 MCDANIEL ENGINEERING CO AUG PRGSS-WINCHESTER/1-15 BRDG 280-199-602-5804 2,090.00 4,614.40 31290 09/19/96 001870 MENK, HELGA TCSD INSTRUCTOR EARNINGS 190-183-999-5330 57.60 57.60 31291 09/19/96 001905 MEYERS, DAVID WILLIAM TCSD INSTRUCTOR EARNINGS 190-183-999-5330 576.00 576.00 31292 09/19/96 001384 MINUTEMAN PRESS 500 QTR 2pt CORRECTION NOTICE 001-162-999-5222 61.26 31292 09/19/96 001384 MINUTEMAN PRESS TAX 001-162-999-5222 4.75 31292 09/19/96 001384 MINUTEMAN PRESS 500 QTY BUSINESS CARDS 001-170-999-5222 573.75 31292 09/19/96 001384 MINUTEMAN PRESS 500 OTY BUSINESS CARDS 001-170-999-5222 38.25 31292 09/19/96 001384 MINUTEMAN PRESS TAX 001-170-999-5222 47.43 725.44 31293 09/19/96 001599 NORTH COUNTY BASKETBALL FORFEIT FEE REFUND FORMS 190-183-999-5380 80.00 80.00 31294 09/19/96 002139 NORTH COUNTY TIMES - AT NOTICE OF ORDINANCE 96-16 001-120-999-5256 21.30 31294 09/19/96 002139 NORTH COUNTY TIMES - AT RECRUIT ADS-SR REC/OFF ASSIST 001-150-999-5254 89.60 31294 09119/96 002139 NORTH COUNTY TIMES - AT RECRUITMENT ADS/RECREATION/ENG 001-150-999-5254 71.40 1 31295 09/19/96 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 119.07 31295 09/19/96 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 156.37 IRE2 CITY OF TEMECULA PAGE 5 09/19/96 09:23 VOIJCHER/CHECK REGISTER FOR ALL PERIODS VO(JCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31295 09/19/96 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & 14AINT 001-164-601-5214 198.81 31295 09/19/96 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-163-999-5214 197.60 671.85 31296 09/19/96 000667 P A P A PESTICIDE APPL CF:HARTLEY:11/6 190-180-999-5261 45.00 45.00 31297 09/19/96 001561 PAGENET SEPT PAGING SERVICES 001-163-999-5250 15.00 31297 09/19/96 001561 PAGENET SEPT PAGING SERVICES 001-164-601-5238 15.00 31297 09/19/96 001561 PAGENET SEPT PAGING SERVICES 001-165-999-5238 7.50 31297 09/19/96 001561 PAGENET SEPT PAGING SERVICES 001-164-604-5208 7.50 31297 09/19/96 001561 PAGENET SEPT PAGING SERVICES 001-120-999-5250 7.50 31297 09/19/96 001561 PAGENET SEPT PAGING SERVICES 320-199-999-5238 26.45 31297 09/19/96 001561 PAGENET SEPT PAGING SERVICES 001-100-999-5250 15.00 31297 09/19/96 001561 PAGENET SEPT PAGING SERVICES 190-180-999-5250 80.00 31297 09/19/96 001561 PAGENET SEPT PAGING SERVICES 001-162-999-5238 37.50 31297 09/19/96 001561 PAGENET SEPT PAGING SERVICES 001-170-999-5242 70.00 281.45 31298 09/19/96 002324 PEEK TRAFFIC & SIGNAL C SIGNAL CONTROLLER AT MARGARITA 210-165-647-5804 5,479.09 5,479.09 -31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 PER REDE 001-2130 278.98 199 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 14,475.62 99 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 240.14 ,1299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390 2,974.97 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390 11.02 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 192-2390 27.30 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 379.27 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194-2390 169.79 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2390 263.24 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390 85.32 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 320-2390 292.08 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 330-2390 124.91 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 340-2390 357.79 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 59.16 31299 09/19/96 000246 PERS (EMPLOYEEST RETIRE 000246 SURVIVOR 165-2390 .84 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 190-2390 13.58 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 191-2390 .05 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 192-2390 .14 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 193-2390 1.77 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 194-2390 .97 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 280-2390 .92 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 300-?-390 .46 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 320-2390 .93 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 330-2390 .93 31299 09/19/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 340-2390 2.09 19,762.27 31300 09/19/96 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 40.62 40.62 31301 09/19/96 001707 PETCO ANIMAL SUPPLIES, TEMECULA PD K-9 FOOD & SUPPLY 001-170-999-5327 76.26 76.26 j2 09/19/96 000580 PHOTO WORKS FILM & PHOTO DEVELOPING 190-180-999-5301 16.03 -.302 09/19/96 000580 PHOTO WORKS FILM & PHOTO DEVELOPING 190-180-999-5301 12.29 28.32 VOUCHRE2 CITY OF TEMECULA 6 09/19/96 09:23 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOIJCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31303 09/19/96 POLICE EXECUTIVE RESERC POP CF:SGT ALM:11/2-7/96 001-110-999-5223 325.00 325.00 31304 09/19/96 000254 PRESS-ENTERPRISE COMPAN RECRUIT ADS-RECR ASST/ENG/ENG 001-150-999-5254 453.90 453.90 31305 09/19196 000255 PRO LOCK & KEY LOCKSMITH SERVS FOR TCSD 190-180-999-5212 51.11 31305 09/19/96 000255 PRO LOCK & KEY LOCKSMITH SERVS-CITY HALL 340-199-701-5212 6.47 31305 09/19/96 000255 PRO LOCK & KEY LOCKSMITH SERVS FOR CITY HALL 340-199-701-5212 3.23 60.81 31306 09/19/96 002483 PRO TECH SERVICES REPAIRED POOL HEATERS 190-182-999-5250 60.00 60.00 31307 09/19/96 000270 R J M DESIGN GROUP, INC PARKVIEW CREEK DESIGN SRVCS 210-190-138-5802 2,068.31 2,068.31 31308 09/19/96 002490 R J'S PARTY PALACE BBO RENTAL-SR CENTER ANNIVERSA 190-181-999-5301 68.10 68.10 31309 09/19/96 000546 RADIO SHACK TAPE RECORDER FOR POLICE INVES 001-170-999-5242 468.55 468.55 31310 09/19/96 000260 RAN-TEC RUBBER STAMP MF RUBBER STAMP FOR INK PAD USE 001-140-999-5220 32.00 31310 09/19/96 000260 RAN-TEC RUBBER STAMP MF RE-BAND EXISTING DATE STAMPER 001-140-999-5220 31.00 31310 09/19/96 000260 RAN-TEC RUBBER STAMP MF CHANGE CITY ADDRESS ON 001-140-999-5220 10.30 31310 09/19/96 000260 RAN-TEC RUBBER STAMP MF TAX 001-140-999-5220 5.68 )8 31311 09/19/96 000947 RANCHO BELL BLUEPRINT C BLUEPRINTS-CITY HALL MODIFICAT 210-199-650-5804 68.91 31311 09/19/96 000947 RANCHO BELL BLUEPRINT C BLUEPRINTS-FIRE STATION #84 210-190-626-5804 94.30 163.21 31312 09/19/96 000262 RANCHO CALIFORNIA WATER 01-10-61041-2 NICOLAS RD PRK 190-180-999-5240 2,276.29 31312 09/19/96 000262 RANCHO CALIFORNIA WATER 01-06-84300-1 FRONT STREET 001-164-601-5240 15.57 31312 09/19/96 000262 RANCHO CALIFORNIA WATER CRC WATER USAGE 190-182-999-5240 1,991.56 31312 09/19/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-181-999-5240 106.26 31312 09/19/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS USAGE CHG 190-180-999-5240 768.75 31312 09/19/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-180-999-5240 7,119.36 31312 09/19/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 191-180-999-5240 198.58 31312 09/19/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS USAGE 191-180-999-5240 211.62 31312 09/19/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS USAGE 193-180-999-5240 2,951.98 31312 09/19/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 193-180-999-5240 3,265.97 31312 09/19/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 340-199-701-5240 447.38 19,353.32 31313 09/19/96 000426 RANCHO INDUSTRIAL SUPPL MISC JANITORIAL SUPPLIES 190-180-999-5212 93.10 93.10 31314 09/19/96 001046 REXON, FREEDMAN, KLEPET AUG 96 PROF LEGAL SERVS 001-130-999-5247 35.00 35.00 31315 09/19/96 000418 RIVERSIDE CO. CLERK & R APERTURE CARDS DUPLICATES 001-163-999-5220 5.00 5.00 31316 09/19/96 000271 ROBERT BEIN, WM FROST & JULY ENG SERVS WALCOTT CORRIDO 210-165-637-5802 300.00 300.00 31317 09119/96 002226 RUSSO, MARY ANNE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 686.00 686.00 31318 09/19/96 SAN DEIGO PRINCESS RESO ROOM FOR POP CF:SGT ALM:11/2-7 001-110-999-5223 405.80 4n-,,80 31319 09/19/96 000278 SAN DIEGO UNION TRIBUNE RECRUITMENT AD-EDC EXE DIRECTR 280-199-999-5254 201.79 31319 09/19/96 000278 SAN DIEGO UNION TRIBUNE RECRUITMNT ADS-ASST & PRIN ENG 001-150-999-5254 213.66 415.45 IRE2 CITY OF TEMECULA PAGE 7 OY/19/96 09:23 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VDtJCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31320 09/19/96 002285 SCANTRON CORP SCANTRON FORMS FOR 8 & S 001-162-999-5222 871.40 31320 09/19/96 002285 SCANTRON CORP FREIGHT 001-162-999-5222 3.20 31320 09/19/96 002285 SCANTRON CORP TAX 001-162-999-5222 67.78 942.38 31321 09/19/96 002361 SO. CA. FPOIS FIRE PERV OFFICER CF:10/17:HAM 001-171-999-5261 50.00 50.00 31322 09/19/96 000519 SOUTH COUNTY PEST CONTR PEST CNTRL SERVS-CRC 190-182-999-5250 42.00 42.00 31323 09/19/96 000537 SCXJTHERN CALIF EDISON VARIOUS ELECT METERS 190-180-999-5240 3,107.52 31323 09/19/96 000537 SOUTHERN CALIF EDISON VARIOUS ELECT METERS 191-180-999-5319 8,102.25 31323 09/19/96 000537 SOUTHERN CALIF EDISON VARIOUS ELECT METERS 193-180-999-5240 47.52 31323 09/19/96 000537 SOUTHERN CALIF EDISON VARIOUS ELECT METERS 193-180-999-5240 60.T7 31323 09/19/96 000537 SOUTHERN CALIF EDISON 2-05-341-4215 NICOLAS ROAD 190-180-999-5240 15.59 31323 09/19/96 000537 SOUTHERN CALIF EDISON 2-02-351-6800 YNEZ RD 191-180-999-5240 16.07 11,349.72 31324 09/19/96 001212 SOUTHERN CALIF GAS COMP 021 725 0775 SR. CENTER 190-181-999-5240 44.11 31324 09/19/96 001212 SOUTHERN CALIF GAS COMP 091 024 9300 CRC 190-182-999-5240 247.12 291.23 31325 09/19/96 000375 S(XJTHERN CALIF TELEPHON 909 202-4769 JS 001-100-999-5208 67.77 725 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 202-4204 KL 001-100-999-5208 33.25 25 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 202-4763 PB 001-100-999-5208 34.34 ,1325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 202-4758 RR 001-100-999-5208 42.06 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 205-4070 MJM 001-110-999-5208 123.79 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 202-4770 RB 001-110-999-5208 29.60 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 202-4757 JG 001-120-999-5208 31.09 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 205-7826 GR 001-140-999-5208 46.65 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 202-5153 GY 001-150-999-5208 94.53 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 202-4767 GT 001-161-999-5208 38.87 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 202-4759 TE 001-162-999-5208 48.49 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 202-4760 JH 001-163-999-5208 356.06 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 203-9994 BB 001-164-601-5208 45.95 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 202-4764 BB BLAZER 001-164-601-5208 59.28 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 205-8688 PW EOC 001-164-604-5208 131.57 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 202-4765 PW MAINT CREW 001-164-601-5208 42.51 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 202-4756 SM 001-164-604-5208 225.97 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 206-0992 SH 190-180-999-5208 71.85 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 202-9876 HP 190-180-999-5208 28.07 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 202-4754 KH 190-180-999-5208 64.31 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 212-0934 SR VAN 190-180-999-5208 31.86 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 202-4755 CITY VAN 190-180-999-5208 28.07 31325 09/19/96 000375 SOUTHERN CALIF TELEPHON 909 519-2136 TH 320-199-999-5208 36.48 1,712.42 31326 09/19/96 001672 TEMECULA DRAIN SERV & P INSTALL SOAP DISPENSER PLUNGER 190-180-999-5212 137.00 137.00 31327 09/19/96 TEMECULA STAMP & GRAPHI REFUND-WITHDRAW PA96-0050 001-161-4120 295.00 31327 09/19/96 TEMECULA STAMP & GRAPHI REFUND-WITHDRAW PA96-0050 001-163-4120 77.50 372.50 '@8 09/19/96 000876 TEMECULA VALLEY BALLOON 1996 SDLJVENER MUGS 280-199-999-5270 323.00 323.00 ,.529 09/19/96 TEMECULA VALLEY PONY/CO REFUND-SECURITY DEPOSIT 190-2900 100.00 100.00 VOUCHRE2 CITY OF TEMECULA 09/19/96 09:23 VOUCHER/CHECK REGISTER FOR ALL PERIODS VCKJCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31330 09/19/96 002111 TOGO'S MGMT TEAMBLDG LUNCH 8/29/96 001-150-999-5260 70.50 31330 09/19/96 002111 TOGO'S COUNCIL WKSHP. 9/07/96 LUNCH 001-100-999-5260 93.60 164.10 31331 09/19/96 000319 TOMARK SPORTS, INC. GOLD BACKBOARD PADDING 190-183-999-5380 540.00 31331 09/19/96 000319 TOMARK SPORTS, INC. FREIGHT 190-183-999-5380 8.03 31331 09/19/96 000319 TOMARK SPORTS, INC. TAX 190-183-999-5380 41.85 589.88 31332 09/19/96 000697 TOWN AFFILIATION ASSOCI MEMBERSHIP DUE FOR 12/96-11-97 001-100-999-5280 380.00 380.00 31333 09/19/96 000320 TOWNE CENTER STATIONERS OFFICE SUPPLIES - PLANNING 001-161-999-5220 37.07 31333 09/19/96 000320 TOWNE CENTER STATIONERS OFFICE SUPPLIES - PLANNING 001-161-999-5220 3.22 40.29 31334 09/19/96 000459 TUMBLE JUNGLE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 1,018.40 1,018.40 31335 09/19/96 001065 U S C M /PESSCO (DEF. C 001065 DEF COMP 001-2080 2,966.41 31335 09/19/96 001065 U S C M /PESSCO (DEF. C 001065 DEF COMP 165-2080 72.40 31335 09/19/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 190-2080 750.85 31335 09/19/96 001065 U S C M /PESSCO (DEF. C 001065 DEF COMP 192-2080 1.25 31335 09/19/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 193-2080 13.75 31335 09/19/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF CC)MP 194-2080 22.50 31335 09/19/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF CC)MP 280-2080 75.88 31335 09/19/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 300-2080 5.00 31335 09/19/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 320-2080 312.50 31335 09/19/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF CC)MP 340-2080 87.50 4,308.04 31336 09/19/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 001-2160 936.42 31336 09/19/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 165-2160 22.74 31336 09/19/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 190-2160 805.06 31336 09/19/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 193-2160 42.90 31336 09/19/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 280-2160 119.88 31336 09/19/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 320-2160 150.00 2,077.00 31337 09/19/96 002461 UNDERGROUND SHORING SPE AWARENESS CF:WOLFF:10-19 001-165-999-5261 75.00 75.00 31338 09/19/96 002065 UNISOURCE 2 PT XEROX FORM 190-183-999-5305 149.90 31338 09/19/96 002065 UNISOURCE TAX 190-183-999-5305 11.62 161.52 31339 09/19/96 000325 UNITED WAY OF THE INLAN 000325 uw 001-2120 76.09 31339 09/19/96 000325 UNITED WAY OF THE INLAN 000325 uw 165-2120 1.21 31339 09/19/96 000325 UNITED WAY OF THE INLAN 000325 uw 190-2120 15.00 31339 09/19/96 000325 UNITED WAY OF THE INLAN 000325 uw 280-2120 1.20 93.50 31340 09/19/96 001209 VAULT INC., THE CARTRIDGE CTNR 001-120-999-5277 315.00 31340 09/19/96 001209 VAULT INC., THE MICROBOX 001-120-999-5277 10.53 31340 09/19/96 001209 VAULT INC., THE APERTURE CARD BOX 001-120-999-5277 35.10 31340 09/19/96 001209 VAULT INC., THE CONTAINER 001-120-999-5277 40.00 31340 09/19/96 001209 VAULT INC., THE MICROBOX 001-120-999-5277 6.00 31340 09/19/96 001209 VAULT INC., THE APERTURE CARD BOX 001-120-999-5277 20.00 31340 09119/96 001209 VAULT INC., THE DATA STORAGE - CARTRIDGE CTR 001-120-999-5277 426.63 6 31341 09/19/96 001437 VIRACK, MARYANN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 80.00 80.00 ,RE2 CITY OF TEMECULA PAGE 9 09/19/96 09:23 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOLJCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31342 09/19/96 WAKOSKI, NOELLE REFUND-SWIMMING LESSONS 190-183-4975 55.00 55.00 31343 09/19/96 001342 WAXIE SANITARY SUPPLY, CRC BLDG MAINT SUPPLIES 190-182-999-5212 37.17 31343 09/19/96 001342 WAXIE SANITARY SUPPLY, CRC BLDG MAINT SUPPLIES 190-182-999-5212 268.30 31343 09/19/96 001342 WAXIE SANITARY SUPPLY, WET/DRY VAC NSS RANGER 190-180-999-5242 459.00 31343 09/19/96 001342 WAXIE SANITARY SUPPLY, WET/DRY VAC NSS RANGER 340-199-701-5242 459.00 31343 09/19/96 001342 WAXIE SANITARY SUPPLY, TAX 190-180-999-5242 35.58 31343 09/19/96 001342 WAXIE SANITARY SUPPLY, TAX 340-199-701-5242 35.57 1,294.62 31344 09/19/96 002482 WEDA HALF PG AD-O(JTLOOK CALIFORNIA 280-199-999-5270 1,950.00 1,950.00 31345 09/19/96 002092 WINTER GRAPHICS SOUTH ADS-PRO RODEO & TRACTOR RACE 280-199-999-5270 818.90 818.90 31346 09/19/96 000345 XEROX CORPORATION BILLI MONTHLY LEASE ON THE XEROX 330-199-999-5239 3,469.14 31346 09/19/96 000345 XEROX CORPORATION BILLI TAX 330-199-999-5239 268.86 31346 09/19/96 000345 XEROX CORPORATION BILLI LEASE FOR COPIER AT CRC 190-182-999-5239 117.84 3,855.84 TOTAL CHECKS 169,458.19 VOUCHRE2 CITY OF TEMECULA 6 09/26/96 12:28 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 35,023.80 190 COMMUNITY SERVICES DISTRICT 10,758.00 191 TCSD SERVICE LEVEL A 144.93 193 TCSD SERVICE LEVEL C 529.08 210 CAPITAL IMPROVEMENT PROJ FUND 1,208,259.95 280 REDEVELOPMENT AGENCY - CIP 3,031.32 300 INSURANCE FUND 8,844.91 320 INFORMATION SYSTEMS 4,128.61 340 FACILITIES 11,835.41 TOTAL 1,282,556.01 dRE2 CITY OF TEMECULA PAGE 09/26/96 12:28 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31347 09/20/96 001004 CALIFORNIA DEPT OF FISH MURRIETA CRK MOWING APPL 1601 001-163-999-5224 132.00 132.00 31348 09/20/96 002117 TRADE & COMMERCE AGENCY TEAM CA.-TRADE SHOW ECD 96 280-199-999-5270 860.00 860.00 31349 09/23/96 TEMECULA PRO RODEO SPONSORSHIP:TEMECULA PRO RODEO 280-199-999-5264 2,000.00 2,000.00 31350 09/23/96 000388 1 C B 0, INC. CF:FIRE P/C HAMPTON 9/30-10/1 001-171-999-5261 210.00 210.00 31351 09/23/96 SO CALIFORNIA TURFGRASS SEM:TURFGRASS-MUNOZ-STERLING 190-180-999-5261 40.00 40.00 31354 09/26/96 001515 A S A P TRUCK TRACTOR & WEED ABATEMENT SERVICES 001-162-999-5440 3,422.00 31354 09/26/96 001515 A S A P TRUCK TRACTOR & WEED-EAT BIKE TRAIL 190-180-999-5415 895.00 4,317.00 31355 09/26/96 001281 ALHAMBRA GROUP DUCK POND LANDSP ARCHIT 210-190-143-5802 1,300.00 31355 09/26/96 001281 ALHAMBRA GROUP WINCHESTER CK PARK DESIGN 210-190-149-5802 3,240.00 31355 09/26/96 001281 ALHAMBRA GROUP DESIGN SERVICES FOR ADA PARK 210-190-148-5802 600.00 5,140.00 31356 09/26/96 002134 ALLIED BARRICADE COMPAN MATERIALS FOR STAND-BY TRAILER 001-164-601-5218 3,568.00 31356 09/26/96 002134 ALLIED BARRICADE COMPAN TAX 001-164-601-5218 276.53 3,844.53 157 09/26/96 002480 ANIXTER, INC 48-PORT 110 PATCH PANEL 320-199-999-5242 635.07 j!357 09/26/96 002480 ANIXTER, INC WIRE MGMT PANEL 320-199-999-5242 164.68 31357 09/26/96 002480 ANIXTER, INC VERTICAL WIRE MGMT 320-199-999-5242 92.10 31357 09/26/96 002480 ANIXTER, INC LEFT SIDE STRAIN RELIEF 320-199-999-5242 49.10 31357 09/26/96 002480 ANIXTER, INC RIGHT SIDE STRAIN RELIEF 320-199-999-5242 49.10 31357 09/26/96 002480 ANIXTER, INC TAX 320-199-999-5242 76.73 31357 09/26/96 002480 ANIXTER, INC 25PR TELCO CABLE ASSY 320-199-999-5242 264.00 31357 09/26/96 002480 ANIXTER, INC TAX 320-199-999-5242 20.46 1,351.24 31358 09/26/96 000101 APPLE ONE, INC. TEMP HELP W/E 9/7 WILLIAMS 001-162-999-5118 288.96 31358 09/26/96 000101 APPLE ONE, INC. TEMP HELP W/E 9/7 ARCHULETA 001-140-999-5118 103.85 392.81 31359 09/26/96 000122 B S N SPORTS 5015xxxx WALL BALL LOCKER 190-183-999-5380 58.00 31359 09/26/96 000122 B S N SPORTS FREIGHT 190-183-999-5380 6.96 31359 09/26/96 000122 6 S N SPORTS TAX 190-183-999-5380 4.50 69.46 31360 09/26/96 000622 BANTA ELECTRIC-REFRIGER REPLACE 6 RAINLIGHTS 193-180-999-5212 500.28 31360 09/26/96 000622 BANTA ELECTRIC-REFRIGER PROVIDE MATERIALS AND LABOR 210-190-137-5804 370.00 31360 09/26/96 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL EVAL FOR TCC 190-184-999-5250 112.50 982.78 31361 09/26/96 000370 BIRDSALL, PATRICIA REIMB LEAGUE MT 9/4-5 BIRDSALL 001-100-999-5258 32.00 32.00 31362 09/26/96 000637 BLACK VOICE NEWS, THE NOTICE OF DBE 001-120-999-5256 76.00 76.00 31363 09/26/96 000123 BURKE WILLIAMS & SORENS AUG LEGAL SRVCS-MERVYNS 300-199-999-5246 171.00 171.00 31364 09/26/96 BYRD, MORA REFUND TINY TOTS 190-183-4980 30.00 30.00 )5 09/26/96 CAHALAN, ALMA REFUND TODDLERS 190-183-4975 25.00 25.00 31366 09/26/96 001054 CALIFORNIA BUILDING OFF TRAINING FOR DEPARTMENT 001-162-999-5261 505.00 505.00 VOUCHRE2 CITY OF TEMECULA 2 09/26/96 12:28 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31367 09/26/96 000837 CALIFORNIA FRANCHISE TA D-1838546 FORM 199 001-140-999-5250 37.92 37.92 31368 09/26/96 000151 CALIFORNIA SOCIETY OF C MEMEBERSHIP:MCLARNEY 96/97 001-110-999-5226 165.00 165.00 31369 09/26/96 001275 COMPUSERVE, INC. COMPUSERVE INFORMATION SRVCS 320-199-999-5228 9.95 9.95 31370 09/26/96 002450 CONSOLIDATED MEDIA SYST BROADCAST SYSTEM NEW CITY HALL 210-199-650-5804 949.00 31370 09/26/96 002450 CONSOLIDATED MEDIA SYST TAX 210-199-650-5804 73.55 31370 09/26/96 002450 CONSOLIDATED MEDIA SYST BROADCAST SYSTEM NEW CITY HALL 210-199-650-5804 689.00 31370 09/26/96 002450 CONSOLIDATED MEDIA SYST TAX 210-199-650-5804 53.40 1,764.95 31371 09/26/96 000146 COUNTS UNLIMITED TRAFFIC COUNT CENSUS PROGRAM 001-164-602-5406 3,714.00 31371 09/26/96 000146 COUNTS UNLIMITED TRAFFIC COUNT CENSUS PROGRAM 001-164-602-5406 125.00 3,839.00 31372 09/26/96 D'ANDREA, STEPHANIE REFUND PARENT & ME 190-183-4975 25.00 25.00 31373 09/26/96 002413 DALEY & HEFT MAR-APR LEGAL SRVCS - CLAIMS 300-199-999-5246 4,046.80 4,046.80 31374 09/26/96 001393 DATA TICKET, INC. JUN PARKING CITATIONS BILLING 001-140-999-5250 83.50 31374 09/26/96 001393 DATA TICKET, INC. JUN PARKING CITATIONS BILLING 001-170-999-5250 83.50 31374 09/26/96 001393 DATA TICKET, INC. CREDIT:BILLED INCORRECTLY 001-170-999-5250 125.00- 31374 09/26/96 001393 DATA TICKET, INC. CREDIT:BILLED INCORRECTLY 001-140-999-5250 125.00- 31374 09/26/96 001393 DATA TICKET, INC. PARKING CITATIONS BILLING 001-140-999-5250 99.75 31374 09/26/96 001393 DATA TICKET, INC. PARKING CITATIONS BILLING 001-170-999-5250 99.75 116.50 31375 09/26/96 000155 DAVLIN PLANNING COMMISSION MEETINGS 001-161-999-5250 160.02 160.02 31376 09/26/96 001673 DIVERSIFIED TEMPORARY S TEMP HELP W/E 9/8 KAPRYN 001-161-999-5118 288.96 288.96 31377 09/26/96 001669 DUNN EDWARDS CORPORATIO RECYCLED PAINT/MISC SUPPLIES 001-164-601-5218 157.58 157.58 31378 09/26/96 DUNWELL, FRANCIE REFUND GROWING GREAT ROSES 190-183-4982 25.00 25.00 31379 09/26/96 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 9/13 VAN FLEET 001-162-999-5118 2,089.50 31379 09/26/96 001380 E S I EMPLOYMENT SERVIC TEMP HELP (2)W/E 8/30 MAGNERA 001-165-999-5118 2,320.00 4,409.50 31380 09/26/96 000164 ESGIL CORPORATION AUG PLAN CHECK SERVICES-BLDG 001-162-999-5248 4,732.25 4,732.25 31381 09/26/96 001135 FIRST CARE INDUSTRIAL M PRE-EMPLOYMENT EXPENSES 001-150-999-5250 45.00 45.00 31382 09/26/96 002265 FIRST TRUST OF CALIFORN SETTLEMENT/RELEASE DEV AGR FEE 210-165-663-5804 '1,200,000.00 1,200,000.00 31383 09/26/96 001989 FOX NETWORK SYSTEMS, IN NETWORK CLIENT SERVICES 320-199-999-5250 510.00 510.00 31384 09/26/96 000184 G T E CALIFORNIA PAYM 909-181-1123/GENERAL USAGE/SEP 320-199-999-5208 552.35 31384 09/26/96 000184 G T E CALIFORNIA PAYM 909-676-6243-PALA PARK-SEPT 320-199-999-5208 27.15 31384 09/26/96 000184 G T E CALIFORNIA PAYM 909-694-1993-GENERAL USAGE-SEP 320-199-999-5208 1,097.72 31384 09/26/96 000184 G T E CALIFORNIA PAYM 909-694-4354-PALA PARK-SEPT 320-199-999-5208 29.91 31384 09/26/96 000184 G T E CALIFORNIA PAYM 909-695-3564-CITY ALARM-SEPT 320-199-999-5208 52.73 31384 09/26/96 000184 G T E CALIFORNIA PAYM 909-699-8632-GENERAL USAGE-SEP 320-199-999-5208 27.35 1,787.21 dRE2 CITY OF TEMECULA PAGE 3 uy/26/96 12:28 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 31385 09/26/96 000177 31385 09/26/96 000177 31385 09/26/96 000177 31385 09/26/96 000177 31385 09/26/96 000177 31386 09/26/96 001609 31386 09/26/96 001609 31386 09/26/96 001609 31387 09/26/96 001407 31387 09/26/96 001407 31388 09/26/96 31389 09/26/96 001894 31390 09/26/96 001667 31390 09/26/96 001667 390 09/26/96 001667 ;90 09/26/96 001667 31391 09/26/96 000206 31391 09/26/96 000206 31391 09/26/96 000206 31391 09/26/96 000206 31391 09/26/96 000206 31392 09/26/96 001282 31393 09/26/96 002495 31394 09/26/96 000945 31394 09/26/96 000945 31394 09/26/96 000945 31395 09/26/96 002187 31396 09/26/96 000384 31397 09/26/96 000220 31398 09/26/96 001384 31398 09/26/96 001384 31399 09/26/96 002139 31399 09/26/96 002139 799 09/26/96 002139 -,400 09/26/96 002105 31400 09/26/96 002105 VENDOR NAME GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GREATER ALARM COMPANY, GREATER ALARM COMPANY, GREATER ALARM COMPANY, INTER VALLEY POOL SUPPL INTER VALLEY POOL SUPPL IRONS, KAREN JOHNSON FENCE COMPANY KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KINKO'S OF RIVERSIDE, I KINKO'S OF RIVERSIDE, I KINKO'S OF RIVERSIDE, I KINKO'S OF RIVERSIDE, I KINKO'S OF RIVERSIDE, I KNORR SYSTEMS, INC KOSMONT REALTY CORPORAT LP S COMPUTER SERVICE LP S COMPUTER SERVICE LP S COMPUTER SERVICE LAKE ELSINORE ANIMAL FR LAW/CRANDALL, INC. MAURICE PRINTERS, INC. MINUTEMAN PRESS MINUTEMAN PRESS NORTH COUNTY TIMES AT NORTH COUNTY TIMES AT NORTH COUNTY TIMES AT OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE ITEM DESCRIPTION MISC OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES SUPPLIES FOR SENIOR CENTER OFFICE SUPPLIES FOR CITY MGR MISCELLANEOUS OFFICE SUPPLIES STORAGE ALARM 10/01-11/01/96 CITY HALL ALARM 10/1-01/01/97 SKATE PARK ALARM-10/1-1/l/97 POOL SANITIZING CHEMICALS POOL SANITIZING CHEMICALS REFUND GROWING GREAT ROSES SPORTS PARK IMPROVEMENT TEMP HELP W/E 9/8 EVANS TEMP HELP W/E 9/8 EVANS TEMP HELP W/E 9/8 EVANS TEMP HELP W/E 9/8 RICHARDS PRINTING W/COLOR & BINDING TAX CREDIT:ITEM RETURNED STATIONERY PAPER/MISC SUPPLIES STATIONERY PAPER/MISC SUPPLIES MISC POOL SUPPLIES FOR CRC KOSMOT SURVEY BOOK EPSON POWER SUPPLY LABOR TAX AUG ANIMAL CONTROL SERVICES AUG PROF SRVCS-WALCOTT CORRIDR PRINTING-SW COUNTY ALLIANCE BUSINESS CARDS-Z. SMITH TAX COMMUNITY SERVICE FUNDING AD JULY 4TH AD-PARADE/FIREWORKS DISPLAY ADS - CAPITAL PROJECTS VEHICLE MAINTENANCE & REPAIR VEHICLE MAINTENANCE & REPAIR ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 001-161-999-5220 10.62 001-120-999-5220 136.72 190-181-999-5220 32.35 001-110-999-5220 10.85 001-120-999-5220 5.42 195.96 340-199-701-5250 35.00 340-199-701-5250 105.00 190-180-999-5250 105.00 245.00 190-182-999-5212 94.82 190-182-999-5212 88.89 183.71 190-183-4982 25.00 25.00 210-190-137-5804 590.00 590.00 001-164-604-5118 55.46 001-163-999-5118 55.46 001-165-999-5118 55.48 190-180-999-5118 56.88 223.28 001-140-999-5222 174.60 001-140-999-5222 13.53 001-140-999-5222 40.23- 001-110-999-5220 6.64 190-180-999-5220 30.45 184.99 190-182-999-5212 82.12 82.12 001-110-999-5228 125.00 125.00 320-199-999-5215 225.00 320-199-999-5215 75.00 320-199-999-5215 17.44 317.44 001-172-999-5255 4,380.34 4,380.34 210-165-637-5804 395.00 395.00 280-199-999-5222 171.32 171.32 001-140-999-5222 38.25 001-140-999-5222 2.96 41.21 001-140-999-5254 125.92 190-180-999-5254 141.66 001-165-999-5256 81.10 348.68 001-164-601-5214 226.01 001-164-601-5214 30.00 256.01 VOUCHRE2 CITY OF TEMECULA 4 09/26/96 12:28 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31401 09/26/96 001248 PAPER DIRECT CERTIFICATE PAPER 190-180-999-5301 28.90 28.9C 31,402 09/26/96 000472 PARADISE CHEVROLET, INC REPAIRS TO 92 CHEVY TRUCK 190-180-999-5214 1,067.33 1,067.33 31403 09/26/96 002494 PAZAZGADI P.E., S TRAFFIC ENG/REG & REVIEW 001-164-604-5228 138.00 138.00 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5260 26.98 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 76.01 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 61.20 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 111.43 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5340 64.37 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 320-199-999-5242 17.65 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5258 5.00 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5260 40.00 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5260 2.25 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5220 10.76 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5220 51.76 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5218 2.13 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-182-999-5220 6.45 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5305 4.75 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 56.46 31404 09/26/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5310 4.26 541.46 31405 09/26/96 000580 PHOTO WORKS PHOTO DEVELOPING FOR LAND DEV 001-163-999-5250 10.07 10.07 31406 09/26/96 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-120-999-5230 28.00 28.00 31407 09/26/96 000254 PRESS-ENTERPRISE COMPAN ADS FOR CAPITAL PROJECTS 001-165-999-5256 90.00 31407 09/26/96 000254 PRESS-ENTERPRISE COMPAN ADD FOR RDA COMMITTEE POSITION 001-120-999-5254 67.50 157.50 31408 09/26/96 002110 PRIME EQUIPMENT ADDITIONAL TRUCK RENTAL-PUJOL 001-164-601-5238 385.21 385.21 31409 09/26/96 000255 PRO LOCK & KEY DUP KEYS/RECODE CYLS/SC 190-180-999-5212 97.94 31409 09/26/96 000255 PRO LOCK & KEY REKEY ALL LOCKS AT TCC 190-184-999-5250 284.25 382.19 31410 09/26/96 000546 RADIO SHACK MISC COMPUTER SUPPLIES 320-199-999-5221 135.12 135.12 31411 09/26/96 RICHARDS, ELIZABETH REFUND-GYMNASTICS 190-183-4982 36.67 36.67 31412 09/26/96 002412 RICHARDS, WATSON & GERS JUN-AUG LEGAL SRVCS - CLAIMS 300-199-999-5246 4,627.11 4,627.11 31413 09/26/96 000266 RIGHTWAY PORTABLE T01LET FOR CITY YARD 001-164-601-5238 57.39 31413 09/26/96 000266 RIGHTWAY TEMP POWER/VOORBURG PARK 190-180-999-5212 30.00 31413 09/26/96 000266 RIGHTWAY RIVERTON PARK PORTABLES 190-180-999-5238 80.39 31413 09/26/96 000266 RIGHTWAY NICOLAS PARK PORTABLES 190-180-999-5238 190.00 357.78 31414 09/26/96 002021 SELF'S JANITORIAL SERVI JANITORIAL SERVICE FOR TCC 190-184-999-5250 175.00 175.00 31415 09/26/96 000385 SHELDON EXTINGUISHER CO REFILL OF FIRE EXTINGUISHERS 190-184-999-5250 17.00 Jo 31416 09/26/96 000645 SMART & FINAL, INC. SUPPLIES FOR ACTIVITIES AT CRC 190-183-999-5320 49.46 IRE2 CITY OF TEMECULA PAGE 5 uy/26/96 12:28 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31416 09/26/96 000645 SMART & FINAL, INC. SUPPLIES FOR CRC SPECIAL EVENT 190-183-999-5370 50.52 99.98 31417 09/26/96 000537 SOUTHERN CALIF EDISON ARTERIAL ST LT-VARIOUS LOCATNS 191-180-999-5319 130.53 31417 09/26/96 000537 SOUTHERN CALIF EDISON 3-010-0879-29-SLOPE-SEP 193-180-999-5240 13.92 31417 09/26/96 000537 SOUTHERN CALIF EDISON 3-010-1393-67-SLOPES-SEPT 193-180-999-5240 14.88 31417 09/26/96 000537 SOUTHERN CALIF EDISON 3-005-2556-30-CRC-SEP 190-182-999-5240 5,886.63 31417 09/26/96 000537 SOUTHERN CALIF EDISON 3-008-2908-16-ARTERIAL LT-SEP 191-180-999-5240 14.40 6,060.36 31418 09/26/96 000375 SOUTHERN CALIF TELEPHON 909-202-3800-MW-AUG 190-180-999-5208 70.03 31418 09/26/96 000375 SOUTHERN CALIF TELEPHON 909-202-4752-SN-AUG 190-180-999-5208 60.83 130.86 31419 09/26/96 ST JACQUE, JON REFUND-PLAN CK FEES 001-162-4200 47.25 31419 09/26/96 ST JACQUE, JON REFUND-PLAN CK FEES 001-162-4285 9.00 56.25 31420 09/26/96 STEVENSON, LISA REFUND TODDLERS 190-183-4975 55.00 55.00 31421 09/26/96 002430 STRICKLAND, KATIE INSTRUCTOR PAYMENT 190-183-999-5330 208.00 208.00 31422 09/26/96 TEXACO, INC. REFUND:OVERPAYMT P/C FEES 001-163-4359 5,460.55 5,460.55 23 09/26/96 000668 TIMMY D. PRODUCTIONS SOUND SYSTEM SET-UP/TAKE-DOWN 190-180-999-5238 100.00 -,423 09/26/96 000668 TIMMY D. PRODUCTIONS MASTER OF CEREMONIES & SOUND 190-183-999-5320 50.00 150.00 31424 09/26/96 VANIK, MARLENE REFUND:ROOM RENTAL CANCELLED 190-183-4990 32.00 32.00 31425 09/26/96 001209 VAULT INC., THE DATA STORAGE - CARTRIDGE CTR 001-120-999-5277 426.63 426.63 31426 09/26/96 002109 WHITE CAP MISC. MAINTENANCE SUPPLIES 001-164-601-5218 29.11 29.11 31427 09/26/96 001939 WINDSOR PROJECTS, INC. OCT CITY HALL/STORAGE RENT 340-199-701-5234 11,695.41 11,695.41 TOTAL CHECKS 1,282,556.01 VOUCHRE2 CITY OF TEMECULA 09/26/96 13:02 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 401,208.38 165 RDA DEV- LOW/MOD SET ASIDE 1,690.75 190 COMMUNITY SERVICES DISTRICT 28,492.47 191 TCSD SERVICE LEVEL A 926.00 210 CAPITAL IMPROVEMENT PROJ FUND 47,595.16 280 REDEVELOPMENT AGENCY - CIP 130,281.96 300 INSURANCE FUND 32,855.47 320 INFORMATION SYSTEMS 8,492.73 340 FACILITIES 496.37 TOTAL 652,039.29 ,RE2 CITY OF TEMECULA PAGE 1 OY/26/96 13:02 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31430 10/08/96 000126 CALIFORNIA LANDSCAPE MA AUG LDSC MAINT PARKS 190-180-999-5415 19,651.37 31430 10/08/96 000126 CALIFORNIA LANDSCAPE MA AUG LDSC MAINT -SENIOR CENTER 190-181-999-5415 245.67 31430 10/08/96 000126 CALIFORNIA LANDSCAPE MA AUG LDSC MAINT CRC 190-182-999-5415 1,692.53 31430 10/08/96 000126 CALIFORNIA LANDSCAPE MA AUG LDSC MAINT CITY HALL 340-199-701-5415 496.37 31430 10/08/96 000126 CALIFORNIA LANDSCAPE MA AUG LDSC MAINT MEDIANS 191-180-999-5415 926.00 23,011.94 31431 10/08/96 002405 COMPUTER PROTECTION TEC UPS MONITORING SOFTWARE 320-1970 7,889.00 31431 10/08/96 002405 COMPUTER PROTECTION TEC TAX 320-1970 603.73 8,492.73 31432 10/08/96 002326 ESCROW FUNDING SERVICE AUG PRGSS PMT-SPORTS PK CREEK 210-190-138-5804 36,068.39 31432 10/08/96 002326 ESCROW FUNDING SERVICE RETENTION W/H AUG PMT-CREEK 210-2035 3,606.83- 32,461.56 31433 10/08/96 000164 ESGIL CORPORATION JUL PLAN CHECK SERVICES -BLDG 001-162-999-5248 7,074.90 31433 10/08/96 000164 ESGIL CORPORATION CREDIT:INV TOTALED INCORRECTLY 001-162-999-5248 126.62- 6,948.28 31434 10/08/96 002347 GOSNEY DEVELOPMENT JUL PRGSS PMT #2 PW95-25 210-165-661-5804 5,486.00 31434 10/08/96 002347 GOSNEY DEVELOPMENT C/o #3&4 PRGSS PMT #2 PW95-25 210-165-661-5804 218.00 31434 10/08/96 002347 GOSNEY DEVELOPMENT RETENTION W/H #2 PW95-25 210-2035 570.40- 5,133.60 10/08/96 000230 MUNI FINANCIAL SERVICES ASSMT ADMIN SRVCS FISCAL 96/97 190-180-999-5370 5,194.15 5,194.15 -,436 10/08/96 000270 R J M DESIGN GROUP, INC PARKVIEW FIRE STATION DESIGN 210-190-626-5802 10,000.00 10,000.00 31437 10/08/96 002412 RICHARDS, WATSON & GERS JULY LEGAL SERVICES CLAIMS 300-199-999-5246 91.75 31437 10/08/96 002412 RICHARDS, WATSON & GERS JULY LEGAL SERVICES CLAIMS 300-199-999-5246 18,935.20 31437 10/08/96 002412 RICHARDS, WATSON & GERS JUL LEGAL SERVICES-CLAIMS 300-199-999-5246 3,774.96 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES GEN 001-130-999-5246 6,948.34 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES GEN 001-130-999-5246 8,617.17 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES GEN 001-130-999-5246 799.50 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES GEN 001-130-999-5246 34.50 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES GEN 001-130-999-5246 4,604.61 31437 10/08/96 002412 RICHARDS, WATSON & GERS LEGAL SERVICES-AUG/TCSD 190-180-999-5246 1,708.75 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES GEN 001-130-999-5246 31.00 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES GEN 001-130-999-5246 35.00 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES-RDA 280-199-999-5246 2,220.54 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES GEN 001-130-999-5246 2,508.00 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES-CLAIMS 300-199-999-5246 1,333.02 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES CLAIMS 300-199-999-5246 3,703.36 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES-CLAIMS 300-199-999-5246 327.80 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES-CLAIMS 300-199-999-5246 1,683.01 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES GEN 001-130-999-5246 1,798.76 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES GEN 001-130-999-5246 452.30 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES-CLAIMS 300-199-999-5246 3,156.56 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SVCES-CLAIMS 300-199-999-5246 163.31 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES GEN 001-130-999-5246 429.00 31437 10/08/96 002412 RICHARDS, WATSON & GERS AUG LEGAL SERVICES - LOW-MOD 165-199-999-5246 1,690.75 31437 10/08/96 002412 RICHARDS, WATSON & GERS LEGAL SERVICES-AUG-RDA 280-199-999-5246 103.50 37 10/08/96 002412 RICHARDS, WATSON & GERS NOT APPROVED BY CLAIMS ADJ 300-199-999-5246 256.50- 7 10/08/96 002412 RICHARDS, WATSON & GERS NOT APPROVED BY CLAIMS ADJ 300-199-999-5246 57.00- 64,837.19 31438 10/08/96 000406 RIVERSIDE CO. SHERIFFIS 7/1-7/31 LAW ENFORCE/SRO K-8 001-170-999-5288 195,293.95 VOUCHRE2 CITY OF TEMECULA 2 09/26/96 13:02 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31438 10/08/96 000406 RIVERSIDE CO. SHERIFF'S 7/1-7/31 LAW ENFORCE/SRO K-8 001-170-999-5299 40,048.98 31438 10/08/96 000406 RIVERSIDE CO. SHERIFFIS 7/1-7/31 LAW ENFORCE/SRO K-8 001-170-999-5298 22,862.88 31438 10/08/96 000406 RIVERSIDE CO. SHERIFFIS 7/1-7/31 LAW ENFORCE/SRO K-8 001-170-999-5294 9,783.86 31438 10/08/96 000406 RIVERSIDE CO. SHERIFFIS 7/1-7/31 LAW ENFORCE/SRO K-8 001-170-999-5288 12,959.10 31438 10/08/96 000406 RIVERSIDE CO. SHERIFFIS 7/1-7/31 LAW ENFORCE/SRO K-8 001-170-999-5291 3,239.20 31438 10/08/96 000406 RIVERSIDE CO. SHERIFFIS 7/1-7/31 LAW ENFORCE/SRO K-8 001-170-999-5281 23,185.20 31438 10/08/96 000406 RIVERSIDE CO. SHERIFFIS 7/1-7/31 LAW ENFORCE/SRO K-8 001-170-999-5282 2,916.48 31438 10/08/96 000406 RIVERSIDE CO. SHERIFFIS 7/1-7/31 LAW ENFORCE/SRO K-8 001-170-999-5262 17,102.10 31438 10/08/96 000406 RIVERSIDE CO. SHERIFF'S 7/1-7/31 LAW ENFORCE/SRO K-8 001-1230 3,239.20 31438 10/08/96 000406 RIVERSIDE CO. SHERIFF'S CAL ID 96/97 MEMBER ASSESSMENT 001-170-999-5284 30,704.00 31438 10/08/96 000406 RIVERSIDE CO. SHERIFF'S MILEAGE - HOT SUMMER NIGHTS 001-170-999-5326 34.00 361,368.95 31439 10/08/96 002181 RIVERSIDE CONSTRUCTION PRGSS PMT #7 WINCHESTER BRIDGE 280-199-602-5804 127,281.15 31439 10/08/96 002181 RIVERSIDE CONSTRUCTION C/O #1-6 PRGS PMT #7WINCH BRDG 280-199-602-5804 18,846.32 31439 10/08/96 002181 RIVERSIDE CONSTRUCTION CREDIT:INV BILLED INCORRECTLY 280-199-602-5804 3,952.00- 31439 10/08/96 002181 RIVERSIDE CONSTRUCTION RETENTION W/H PMT#7 WINCH BRDG 280-2035 14,217.55- 127,957.92 31440 10/08/96 000332 VANDORPE CHOU ASSOCIATI AUG PLAN CHECK SRVCS-BLDG 001-162-999-5248 6,632.97 6,632.97 TOTAL CHECKS 652, -9 ITEI\4 3 APPROVAL CITY ATTORNEY DIRECTOR OF F INM CITY MANAGER @ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: October 8, 1996 SUBJECT:City Treasurer's Report as of August 31, 1996 PREPARED BY:Tim McDermott, Assistant Finance Director Jesse Diaz, Accounting Aide RECOMMENDATION: That the City Council receive and file the City Treasurer's Report as of August 31, 1996. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with the Code Sections as of August 31, 1996. FISCAL IMPACT: None ATTACHMENTS:1. City Treasurer's Report as of August 31, 1996 2.Schedule of Assets, Liabilities, and Fund Equity as of August 31, 1996 CRY of T in City T@rees Report As of August 31, 1 9W Cash Act@ for the Month of August Cash and Inv as of August 1, 1996 $ 55,421,765 Cash Receipts 3,180,534 Cash D@rsenwft (3,783,457) Cash and Investments m of ALigLmt 31, 1996 $54,818,8.42 Cash and Investments Portfolio: ContractuaY Maturity Market Par/Book Type of lnvestmerrt Institution Yield Date (2) Value Balance Petty Cash City Hall $ 1,500 $1,500 General Checking First Irten;tate (1,183,623) (1,183,623) (1) Benefit Demand DepositB First lrit 3,247 3,247 (1) Local Agency Investment Fund SWW Treasurer 5.566% 40,781,491 40,781.4.91 (3) Retention Escrow Accourvt Landmark/Califomia State Bank 80,878 80,878 Deferred Compensation Fund ICMA 317,826 317,826 Deferred Compensation Fund PEBSCO 502,896 502,BN Defined Contribution Fund PEBSCO 39,275 39,275 Trust Accounts-TCSD COPs First Trust (Fidelity Treasury 11) 5.140 12,628 12,628 (Money Market Account) Reserve Account-TCSD COPs Bayensche Landesbank 6.870 502,690 502,690 (Guaranteed In Trust Accounts-RDA Bonds First Trust (Fidelity Treasury 11) 5.140 12,311,114 12,311,114 (Money Market Account) Reserve Accouryt-RDA BorKis Ba Landesbank 7.400 1,448,gM 1,448,920 (Guaranteed lnvestmervt Contract) $ 54,818,842 (l)-This amount is net of outstanding checks, (2)-All investments are liquid and rurrently available. (3)-At August 31, 1996 total market value for the Local Agency lnvestmerd Fund (LAIF) was $27,345,346,008. The Ciys proportionate share of @ value is $41,031,628. The City of Temecula's porffolio is in compliance with the policy. Adequate funds vall be available to meet budgeted and actual expendftures of the City of Temecula for the ne)d @ months. C4 of Temecula Schedule of Assets, Uabilifies, and Fund Balances As of August 31, 1996 Community Services Redevelopment city (1) lyistrict Agency Total Assets: Cash and investments $32,578,681 $ 2,321,448 $ 19,918,713 $54,818,842 Receivables 4,312,987 130,933 1,244,738 5,688,658 Due from other funds 843,766 4,995 848,761 Land held for resale 2,103,053 2,103,053 Prepaid assets 336,937 336,937 Fixed assetsnet 670,031 670,031 Total assets $ 38,742,402 $2,457,376 $ 23,266,504 $ 64,466,282 Liabilities and fund equity: Liabilities: Due to other funds $ 810,966 $ 4,995 $ 32,800 $848,761 Other liabilities 5,063,649 217,047 476,638 5,757,334 Total liabilities 5,874,615 222,042 509,438 6,606,095 Fund equity: Contributed capital 1,055,344 1,055,344 Retained earnings 643,877 643,877 Fund balances: Reserved (2) 7,920,023 1,156,344 9,641,867 18,718,234 Designated (3) 18,454,682 1,109,388 13,115,199 32,679,269 Undesignated 4,793,861 (30,398) 4,763,463 Total fund equity 32,867,787 2,235,334 22,757,066 57,860,187 Total habilifies and fund equity $38,742,402 $2,457,376 $23,266,504 $64,466,282 (1) Includes General Fund, CIP Fund, Gas Tax Fund, other special revenue funds, and deferred comp agency funds. (2) Includes amounts reserved for encumbrances, land held for resale, long-term notes receivable, low/mod housing, and debt service. (3) Includes amounts designated for economic uncertainty, future capital projects, debt service, and contnuing appropriabons. 0 ITEI\4 4 1 VAL CITY ATTORNEY FINANCE DIRE IL_CITY MANAGE CITY OF TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency Members FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: October 8, 1996 SUBJECT:Professional Inspection Services Agreement with L. D. King, Inc., for Winchester Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements, Project No. PW94-21 PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the Redevelopment Agency: 1 .Award a contract for Professional Inspection Services for Winchester Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements, Project No. PW94-21, to L. D. King, Inc. for $180,000.00 and authorize the Mayor to execute the contract. 2.Authorize the Executive Director to approve change orders not to exceed the contingency amount of $1 8,000.00 which is equal to 1 0% of the contract amount. BACKGROUND: The City entered into a construction cooperative agreement with Caltrans on April 25, 1995 for the Winchester Road at Interstate Route 15 Bridge Widening and Northbound Ramp Improvements, Project No. PW94-21. The construction cooperative agreement requires that contract administration and inspection be performed by the City. The original inspector hired by the City for the project decided to leave and take another job in the San Diego County area. After reviewing four proposals submitted to the City by L.D. King, Inc., Parsons Brinckerhoff, ES[ and Albert A. Webb and Associates to provide the above inspection services, we selected a firm with specific knowledge of Caltrans construction methods to provide inspection for the project. L.D. King, Inc., was selected to perform construction inspection services because the personnel they selected for this project demonstrated the best qualifications. The personnel that will be assigned to this project are former Caltrans employees with many years of structural, electrical and pavement experience. The work will be performed for an amount not to exceed $180,000.00. The scope of work and hourly rates are described in Exhibits 'A" and 'B", respectively of the attached agreement. R:%AGDRPnoexiOO8\94-2l.AGR rh FISCAL IMPACT: This is a Capital Improvement Project and will be funded through the Redevelopment Agency. Funds are available for the professional services contract of $180,000.00 and the contingency amount of $18,000.00 for a total cost of $198,000.00. In addition, $59,131.60 of the required $180,000.00 is available from Purchase Order No. 18715 (Second Amendment to Employment Systems, Inc. Agreement to provide inspection services for the Winchester Road Interchange Project No. PW94-21). Attachment: Professional Services Contract -2- R:\AGDRPT\96\1008\94-2l.AGR rh REDEVELO AGENCY OF IHE CrrY OF AG FOR PROFESSIONAL SERVICES WINCHESTER ROAD AT TATE ROUTE 15 BR]IDGE WI]DENING AND NORTHBOUND 0 S PROJECT NO. PW94-21 THIS AGREEMENT, is made and effective as of October 8, 1996, between the Redevelopment Agency of the City of Temecula, a public body, corporate and politic ('Agency') and L.D. KING, INC, ("Consultant"). in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM, Tnis Agreement @ commence on 8, L996, and @ remain and con=m m effect until @ described herem are completed, but m no event later than October 8, 1997, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times fai@y, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices uti@ by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4.PAYWNT. a. The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred and Eight Thousand Dollars and No Cents ($180,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of @ Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Executive Director. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services. The Executive Director may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the Agency Members. C. Consultant will subnut invoices monthly fbr actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within @ (30) days of receipt of each invoice as to all nondisputed fees. If the Agency disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. R:\CEKPROJECTS\PW94@@21\A(7R -@FWT-T)KT'4(, ArR SUSPENSION OR TERMMATION OF AC@RFEMIENT WITHOIJT CAUSE. a.Ile Agency may at any &w, for any reason, with or without cause, @nd or terminate this Agreement,or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination @ not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3. 6.DEFAIJIT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of @ Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the Executive Director or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without @er notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DO NTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Agency that relate to the performance of services under @ Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. AR such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records, shall give Agency the right to examine and audit said books and records, shall permit Agency to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to @ Agreement. Such records, together with @rting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Agency, upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resul@ from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. -2- 8. IMEMNMCATION. 1'he a@ to defend, indemnify, protect and hold harmless the Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kW or nature which the Agency, its officers, agents and employees may &=m or mcur or which may be upon them for mjury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or @ to perform under the terms of this Agreement, excepdm only liability arising out of the sole negligence of the Agency. 9. INQITRANCE REQIMMMENT,'R. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a.Minimum Scopc of Ingurance. Coverage shall be at least as broad as: (1)Insurance Services Office Commercial General Uability coverage (occurrence form CG 0001). (2) ce Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3)Worker's Compensation as required by the State of California and Employer's liability ce. (4)Errors and omissions liability insurance appropriate to the consultant's profession. b.Minimum Limitq of Inmranc-e. Consultant shall maintain limits no less than: (1)General Liability: $1,000,000 per occurrence for bodily injury, personal @ and property damage. 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)Errors and omissions liability: $1,000,000 per occurrence. C. Deductibles and Self-Ingtired Retentionq. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director. At the option of the Executive Director, 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 Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Trmirance Provi@orig. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1)The Agency, its officers, officials, employees and volunteers are to be covered as as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or -3- automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no @ @tations on the scope of protection afforded to the Agency, its officers, officials, employees or volunteers. (2)For any claims related to this project, the Consultant's insurance coverage shall be p@ @ance 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 @ be excess of the Consultant'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 Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5)Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after @ (30) days' prior written notice by certified mail, return receipt requested, has been given to the Agency. e. Ac=tabilitv of @rs. ce is to be placed with insurers with a current A.M. Best's rating of no less than A: VU, unless otherwise acceptable to the Agency. f. Verification of Coverage. Consultant shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf The endorsements are to be on forms provided by the Agency. AU endorsements are to be received and approved by the Agency before work commences. As an alternative to the Agency's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10.INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the Agency. Consultant @ not incur or have the power to incur any debt, obligation or liability whatever against Agency, or bind Agency in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency. The Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. ii. LEGAT, RESPONI;IRTrNW-'R. 'fhe Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RIFTlFA@qF, OF TNFORMATION, a. All information @ by Consultant in performance of @ Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under @ Agreement or relating to any project or property located within the Agency. Response to a subpoena or court order shall not be considered 'voluntary' provided Consultant gives Agency notice of such court order or subpoena. b. Consultant shall promptly ratify Agency should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency. The Agency re@ the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate ftffly with Agency and to provide the Agency with the oppormmty to review any response to discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt r , addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To Redevelopment Agency: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43174 Business Park Drive Attention:Executive Director To Consultant:L.D. King, Inc. 2151 East "D" Street, Suite 100B Ontairo, California 91764 4464 Attention:Dale E. Wintergerst, P.E. 14. ASSIGNMENT. The Consultant shall not assign the performance of @ Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Brett Barnett shall perform the services described in this Agreement. Brett Barnett may use assistants, under their direct supervision, to perform some of the services under t& Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Brett Barnett from Consultant's employ. Should he or she leave Consultant's employ, the Agency @ have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termorlqtion of this Agreement, CowWtant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Agency Members and the Consultant. 15. lJrFNI;IF-';. At all times during the term of this Agreement, Consultant shall have in ftiu force and effect, all licenses required of it by law for the performance of the services described in this Agreement. R:\CTP\PROIFCTS\PWQAIPW@,l@,ArP.@-@1--@', "I 16. GOVERNINC, LAW. The Agency and tant under=W and agree that the laws of the State of California @ govem the rights, obligations, duties and liabilities of the parties to thlc Agreement and also govem the interpretation of this Agreement. Any litigation concerning this Agreement shall @ place in the municipal, superior, or federal district court with jurisdiction over the Redevelopment Agency of the City of Temecula. 17. ENTIRE A(-@RRFMFNT. This Agreement contains the entire unde g between the parties relating to the obligations of the parties described in this Agreement. AU prior or contemporaneous agreements, understamiongs, tions and statements, oral or written, are merged into this Agreement and shall be of no @er force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORRTY TO IFXFC-IJTF, THIQ AR-RFFMFNT. The person or persons execu@ this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute dw Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. -6- IN WrrNESS W]IIEREOF, the parties hereto have caused @ Agreement to be executed the day and year first above written. REDEVELOPMENT AGENCY OF TI[IE CrrY OF TEMECULA By: Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT L.D. KING, INC. 2151 East "D" Street, Suite IOOB Ontario, California 917644464 Phone:(909) 988-5492 Dougulas H. Mays, P.E. -7- rr A TASKS TO IRE P -@o -8- R:ICTP\PR(I-@C7@kPW9j,@@,!, , -- CITY OF TEMECULA ROUTE 151WINCHESTER ROAD INTERCHANGE SCOPE OF WORK CONTRACT ADMINISTRATION AND INSPECTION The Construction Engineer will have overall responsibility for all construction activity management and will report directly to the city's designated Resident Engineer. All personnel involved with the project will be constantly alert for unforeseen circumstances, oversights or value engineering possibilities that ma require a contract change order. Early detection of the unforeseen circumstances or oversights can avoid unnecessary delays and costs. Change orders, when required, will be prepared by city staff, with assistance from the construction engineer, if necessary. All processing of contract change orders will be done by the city. Inasmuch as this project is on an interstate route it is extremely important that all inspection and field office records be acceptable to the Federal Highway Administration. All inspection and field record keeping procedures will be in accordance with the procedures as described in Caltrans' Construction Manual and Local Projects Manual. These procedures are well defined and are accepted as meeting all federal requirements. Vehicles will be provided for all project field staff and a cellular phone will be provided for communication. The Construction Engineer will provide safety training for all field. Project safety meetings will be held regularly and all necessary personal safety equipment will be provided. Contract administration and inspection has been broken down into categories for-. Construction progress monitoring, scheduling and control. Construction quantity and cost monitoring. Construction quality control and inspection. Agency liaison and coordination. Ongoing general oversight of total project and value engineering. Project close out and documentation. Specific services to be and provided under the categories for contract administration and inspection include the following: Scope of Work Page 2 Under construction progress monitoring: 0Maintain an accounting of the contract working days and provide a report to the contractor on a weekly basis. 0Prepare daily reports describing all work on the project and giving details of conversations related to the project. 0Coordinate with the contractor on the day-to-day scheduling of construction operations. 0Review the progress schedule for the contract and identify problem areas in advance so that adjustments can be made before a delay to the project occurs. 0Review the projected construction schedule to ensure that adequate staff is available for inspection and, also, that the project is not overstaffed for inspection. Under quantity and cost monitoring: ùReview the contractor's monthly estimate of contract progress to be used as a basis for payment. ùObtain field measurements as needed for verification of payment of contract quantities. Under quality control and inspection: *Ensure that all work performed by the contractor is Inspected for compliance with the plans and specifications, in accordance with the requirements of Chapter VI of the Caltrans Construction Manual. 9Review equipment to be used for suitability to and adequacy for the work. 0Visually inspect all materials to be incorporated in the work and obtain certificates of compliance where appropriate. 0Observe traffic control procedures to ensure that standards for safety and public convenience are observed. 0Arrange for testing of construction materials as necessary and in accordance with the requirements Section 8 of the Caltrans Construction Manual. *Review all inspection reports as soon as they are received and take immediate corrective action if deficiencies are indicated. 0Monitor the work to ensure compliance with the environmental requirements. 0Discuss the work with the contractor's representative so that the intent of the work is always clearly understood. 9Prepare daily inspection reports describing the work and listing the labor and equipment used for each operation. 0 Document all conversations or incidents related to the work. Sr,ope of Work Page 3 Under agency liaison and coordination: *Conduct regular weekly review meetings with the agencies involved and the contractor, 0Maintain liaison with the designer, the city and other agencies involved in the work. 0Review, or forward to the designer for review, shop drawings and other submittals and return to contractor in a timely manner and maintain a record of the submittals and transmittal dates. 0Review all utilities within the project and coordinate with the utility companies for protection in place or relocation as necessary. Under general oversight: 0Assist the city in the preparation of change orders, as needed, describing the work to be done or revised, the payment method and the effect on contract time. 0Review contractor's payrolls for compliance with contract prevailing wage requirements. Coordinate with the contractor on requested changes. Review any potential claims and make recommendations to the city for disposition of the potential claim. 0Maintain photographic records, clearly labeled and identified, of all work on the project before, during and after construction. 0Maintain field office records, properly organized and filed in accordance with the procedures outlined in the Caltrans Construction Manual, Section 3-01. 0Check plans against field conditions and recommend changes if necessary. 0Provide ongoing value engineering oversight and recommend revisions to improve the cost effectiveness. Project Close Out and Documentation: 0Arrange for a final inspection by the city, and other affected agencies. 0Prepare a letter to the city recommending acceptance of the contract. 0Compile a list of final quantities and obtain concurrence from the contractor on all items. Review the final progress payment. Prepare as-built plans, using the original drawings, showing all changes or deviations from the original plans. Prepare a recommendation, if necessary, on any contract time overrun. Scope of Work Page 4 Deliver the originals of all contract records to the city, in clearly identified boxes. Prepare a close-out report documenting all pertinent aspects of the project, including final punch lists, final payment, lien releases, transfers of title to other agencies and transmittal of required information to Caltrans. CONSTRUCTION STAKING AND MATERIALS TESTING: Construction staking and material testing are not included in this scope of work. EXRMrr B PAYMENT',R - - IJTIP- -9- R:\@ROJECr@@\PW@?I%ArP@grN@TI*7V' I'@ Lr)anG EXHIBIT "B" .............. ...................................... .. ... ....................... ....................... ............................................. I -I... - @ .......... ......... ... .......................... . ::: :: ............... .................... "KINI ......... ............................... ................ ................................. .................. .............. RATE SCHEDUI-E August 1, 1996 through July 31, 1997 HOURLY RATE Principal $125.00 Project Manager $98.00 Project Engineer/Planner $88.00 Project Designer $82.00 Associate Engineer/Planner $76.00 Senior Designer Drafter/CADD Technician $76.00 Assistant Engineer/Planner $70.00 Drafter/CADD Technician $65.00 Engineering/Planning Technician $45.00 Engineering/Planning Aide $40.00 Administrative Assistant $45.00 Word Processor/Secretary $40.00 SURVEYING SERVICES Project Manager/Surveys $98.00 Project Surveyor/Office $76.00 Survey Calculator $70.00 3-Man Survey Crew $197.00 2-Man Survey Crew $157.00 1 -Man Survey Crew $ 84.00 TRAVEL TIME (WHEN IN EXCESS OF 8 HOURS PER DAY) 3-Man Survey Crew $108.00 2-Man Survey Crew $ 73.00 OVERTIME RATES 3-Man Survey Crew $220.00 2-Man Survey Crew $178.00 CONSTRUCTION SERVICES Construction/Resident Engineer $ 98.00 ConstructiordBridge Engineer $ 98.00 Senior Construction Inspector $ 82.00 Construction Inspector $ 72.00 CarfTruck for Construction Services Personnel $ 25.00/Day REIMBURSABLE COSTS In-house Reproduction Cost Printing and Materials cost + 1 0% Express Mail/Courier/Next Day Service cost + 10% Special Subconsultant Services cost + 1 0% NOTE: L. D. KING, INC. reserves the right to change hourly rates on August lst, due to labor agreements, salary adjustments, and changes in operating expenses. All billings will be at the current billing rates. REDEVELO AGENCY OF THE CffY OF TEMECULA AG FOR PROFESSIONAL SERVICES WINCBEESTER ROAD AT TATE ROUTE 15 BR]IDGE WI]DENING AND NORTHBOUND RAW P"RO S PROJECT NO. PW94-21 THIS AGREEMEENT, is made and effective as of October 8, 1996, between the Redevelopment Agency of the City of Temecula, a public body, corporate and politic ("Agency") and L.D. KING, INC, ("Consultant-). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM, @ Agreement shall commence on October 8, 1996, and shall remain and contmue m effect until @ described herein are completed, but m no event later than October 8, 1997, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICU. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in fiffl. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMAHM. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4.PAY-WNT. a. The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred and Eight Thousand Dollars and No Cents ($180,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its perfomiance of this Agreement which are in addition to those set forth herein, unless such additional services are autho@ in advance and in writing by the Executive Director. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Consultant at the time Ageney's written authorization is given to Consultant for the performance of said services. The Executive Director may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the Agency Members. C. Consultant will submit invoices monthly fbr actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within @ (30) days of receipt of each invoice as to all nondisputed fees. If the Agency disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. -I- R:@RO@PM94'YW@2lkAG G.AGR 5.SUSPENSION OR TERMWATION OF AGRIEEMIENT WrrHOIJT CAUSE. a. The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination @ not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3. 6.DEFAULT OF CONSITLTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such @ure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the ComWtant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the Executive Director or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without @er notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7.OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to pern-tit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records, shall give Agency the right to examine and audit said books and records, shall permit Agency to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Agency, upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c . With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. -2- R:XCEPIPROJECrS\PWI)4\PW94-21\AGREEMEN\LDKNG.AGR 8. INDE CATION, Ihe Consultant agrees to defend, indemnify, protect and hold harmless the Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the Agency, its officers, agents and employees may sustam or mcur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongfid acts or omissions in performing or @ to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the Agency. 9. IN@NCF, RF-QIJIREMF-NT.S. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a.Minimum Sco= of Insurance. Coverage shall be at least as broad as: (1)Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2)@ance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3)Worker's Compensation as required by the State of California and Employer's Liability Insurance. (4)Errors and omissions liability insurance appropriate to the consultant's profession. b.Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1)General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. 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)Errors and omissions liability: $1,000,000 per occurrence. C. Deductibles and Self-IrLsured Reten@. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director. At the option of the Executive Director, 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 Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other In ce ProviiorL-;. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (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 belwf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or -3- R!\@ROJ@S\FIW9,4\PW94-21\.AGREEMEN@G.AGR automobiles owned, leased, hired or borrowed by the Consultant. 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 Consultant'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 Consultant'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 Consultant'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 @ not be suspended, voided, canceled by either party, reduced in coverage or in limits except after @ (30) days' prior written notice by certified mail, return receipt requested, has been given to the Agency. e. Ac=tability of @ers. ce is to be placed with insurers with a current A.M. Best's rating of no less than A:Vll, unless otherwise acceptable to the Agency. f. Verification of Coveraze. Consultant shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on fonms provided by the Agency. AR endorsements are to be received and approved by the Agency before work commences. As an alternative to the Agency's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10.INDEPENDFNT CONTRACTOR. a. Consultant is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in @ Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or bind Agency m any manner. b. No employee benefits shall be available to Consultant in connection with the performance of @ Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency. The Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. II. LF-GAT, RF-;PON';TRHfflFS. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. R:XCEP\PROJECrS\FW94\PW94.21\AGREE2AEN\LDKING.AGR 12.RIF-1,FA@qlF, OF INFORMATION, a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under @ Agreement or relating to any project or property located within the Agency. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena. b. Consultant shall promptly notify Agency should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency. The Agency re@ the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate ftffly with Agency and to provide ihe Agency with the ty to review any response to discovery requests provided by Consultant. However, Ageney's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To Redevelopment Agency: To Consultant: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43174 Business Park Drive Attention: Executive Director L.D. King, Inc. 2151 East I'D" Street, Suite IOOB Ontairo, California 917 Attention:Dale E. Wintergerst, P.E. 14.ASSIGNMENT. The Consultant shall not assign the performance of ft Agreement, nor any part thereof,nor any monies due hereunder, without prior written consent of the Agency. Because of the personal natureof the services to be rendered pursuant to this Agreement, only Brett Barnett shall perform the services described in this Agreement. Brett Barnett may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Brett Barnett from Consultant's employ. Should he or she leave Consultant's employ, the Agency @ have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Agency Members and the Consultant. 15. LICENSF-S. At all times during the term of this Agreement, Consultant shall have in ftffl force and effect, all licenses required of it by law for the performance of the services described in this Agreement. -5- R:\CIKPROJECrS\PW94\PW94-21\AGREE2A@G.AGR 16.GOVERNIN('. LAW. The Apncy and Consultant understand and agree that the laws of the State ofCalifornia shall govem the rights, obligations, duties and liabilities of the parties to this Agreement and alsogovem the interpretation of this Agreement. Any litigation concerning this Agreement shall take place inthe municipal, superior, or federal district court with jurisdiction over the Redevelopment Agency of the City of Temecula. 17. ENTIRE AC.RFF-MF-NT. This Agreement contains the entire unders@g between the parties relating to the obligations of the parties described in this Agreement. AU prior or contemporaneous agreements, Understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no @er force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORTTY TO ENFR[JTF THIS A(.'RlFFMFNT. The person or persons execu@ this Agreement on behalf of Consultant wan-ants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performanre of its obligations hereunder. -6- R:\C[P\PROJECrS\PW94\PW@21\AGREEM@G.AGR IN WrrNESS @REOF, the parties hereto have caused this Agreement to be executed the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By: Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT L.D. KING, INC. 2151 East "D" Street, Suite IOOB Ontario, California 91764 4464 Phone:(909) 988-5492 Bv Dougulas H. Mays, P.E. -7- R:\CEMPRO@@\PW94-21\AG G.AGR E@IT A TASKS TO BE PERFORMED -8- R:NCU-\PROJECrS@94\PW94-21\AGREEMEN\LDKNG.AGR CITY OF TEMECULA ROUTE 15MINCHESTER ROAD INTERCHANGE SCOPE OF WORK CONTRACT ADMINISTRATION AND INSPECTION The Construction Engineer will have overall responsibility for all construction activity management and will report directly to the city's designated Resident Engineer. All personnel involved with the project will be constantly alert for unforeseen circumstances, oversights or value engineering possibilities that may require a contract change order. Early detection of the unforeseen circumstances or oversights can avoid unnecessary delays and costs. , Change orders, when required, will be prepared by city staff, with assistance from the construction engineer, if necessary. All processing of contract change orders will be done by the city. Inasmuch as this project is on an interstate route it is extremely important that all inspection and field office records be acceptable to the Federal Highway Administration. All inspection and field record keeping procedures will be in accordance with the procedures as described in Caltrans' Construction Manual and Local Projects Manual. These procedures are well defined and are accepted as meeting all federal requirements. Vehicles will be provided for all project field staff and a cellular phone will be provided for communication. The Construction Engineer will provide safety training for all field. Project safety meetings will be held regularly and all necessary personal safety equipment will be provided. Contract administration and inspection has been broken down into categories for-. Construction progress monitoring, scheduling and control. Construction quantity and cost monitoring. Construction quality control and inspection. Agency liaison and coordination. Ongoing general oversight of total project and value engineering. Project close out and documentation. Specific services to be and provided under the categories for contract administration and inspection include the following: Scope of Work Page 2 Under construction progress monitoring: 0Maintain an accounting of the contract working days and provide a report to the contractor on a weekly basis. 0Prepare daily reports describing all work on the project and giving details of conversations related to the project. *Coordinate with the contractor on the day-to-day scheduling of construction operations. 0Review the progress schedule for the contract and identify problem areas in advance so that adjustments can be made before a delay to the project occurs. 0Review the projected construction schedule to ensure that adequate staff is available for inspection and, also, that the project is not overstaffed for inspection. Under quantity and cost monitoring: Review the contractor's monthly estimate of contract progress to be used as a basis for payment. Obtain field measurements as needed for verification of payment of contract quantities. Under quality control and inspection: 0Ensure that all work performed by the contractor is Inspected for compliance with the plans and specifications, in accordance with the requirements of Chapter VI of the Caltrans Construction Manual. 0Review equipment to be used for suitability to and adequacy for the work. 0Visually inspect all materials to be incorporated in the work and obtain certificates of compliance where appropriate. 0Observe traffic control procedures to ensure that standards for safety and public convenience are observed. 0Arrange for testing of construction materials as necessary and in accordance with the requirements Section 8 of the Caltrans Construction Manual. 0Review all inspection reports as soon as they are received and take immediate corrective action if deficiencies are indicated. 0Monitor the work to ensure compliance with the environmental requirements. 9Discuss the work with the contractor's representative so that the intent of the work is always clearly understood. 0Prepare daily inspection reports describing the work and listing the labor and equipment used for each operation. * Document all conversations or incidents related to the work. Scope of Work Page 3 Under agency liaison and coordination: 0Conduct regular weekly review meetings with the agencies involved and the contractor, 0Maintain liaison with the designer, the city and other agencies involved in the work. 0Review, or forward to the designer for review, shop drawings and other submittals and return to contractor in a timely manner and maintain a record of the submittals and transmittal dates. 0Review all utilities within the project and coordinate with the utility companies for protection in place or relocation as necessary. Under general oversight: 0Assist the city in the preparation of change orders, as needed, describing the work to be done or revised, the payment method and the effect on contract time. 0Review contractor's payrolls for compliance with contract prevailing wage requirements. Coordinate with the contractor on requested changes. Review any potential claims and make recommendations to the city for disposition of the potential claim. Maintain photographic records, clearly labeled and identified, of all work on the project before, during and after construction. Maintain field office records, properly organized and filed in accordance with the procedures outlined in the Caltrans Construction Manual, Section 3-01. Check plans against field conditions and recommend changes if necessary. Provide ongoing value engineering oversight and recommend revisions to improve the cost effectiveness. Project Close Out and Documentation: Arrange for a final inspection by the city, and other affected agencies. Prepare a letter to the city recommending acceptance of the contract. Compile a list of final quantities and obtain concurrence from the contractor on all items. Review the final progress payment. Prepare as-built plans, using the original drawings, showing all changes or deviations from the original plans. Prepare a recommendation, if necessary, on any contract time overrun. Scope of Work Page 4 Deliver the originals of all contract records to the city, in clearly identified boxes. Prepare a close-out report documenting all pertinent aspects of the project, including final punch lists, final payment, lien releases, transfers of title to other agencies and transmittal of required information to Caltrans. CONSTRUCTION STAKING AND MATERIALS TESTING: Construction staking and material testing are not included in this scope of work. EXMBIT B PAYMENT SCHMMX -9- R:\CEP\PROJEC7rS\PW94\PW94-21\AGREEM@G.AGR Lr)anG EXHIBIT "B9' ............ .............. .............. .......... . . .......... . ........... ................. .......... ................... .... ................................I ..... ... ...... . .......... .......... . ................ ...................... .... ...... RATE SCHEDULE August 1, 1996 through July 31, 1997 HOURLY RATE Principal $125.00 Project Manager $98.00 Project Engineer/Planner $88.00 Project Designer $82.00 Associate Engineer/Planner $76.00 Senior Designer Drafter/CADD Technician $76.00 Assistant Engineer/Planner $70.00 Drafter/CADD Technician $65.00 Engineering/Planning Technician $45.00 Engineering/Planning Aide $40.00 Administrative Assistant $45.00 Word Processor/Secretary $40.00 SURVEYING SERVICES Project Manager/Surveys $98.00 Project Surveyor/Office $76.00 Survey Calculator $70.00 3-Man Survey Crew $197.00 2-Man Survey Crew $157.00 1 -Man Survey Crew $ 84.00 TRAVEL TIME (WHEN IN EXCESS OF 8 HOURS PER DAY) 3-Man Survey Crew $108-00 2-Man Survey Crew $ 73.00 OVERTIME RATES 3-Man Survey Crew $220.00 2-Man Survey Crew $178.00 CONSTRUCTION SERVICES Construction/Resident Engineer $ 98.00 Construction/Bridge Engineer $ 98.00 Senior Construction Inspector $ 82.00 Construction Inspector $ 72.00 Car/Truck for Construction Services Personnel $ 25.00/Day REIMBURSABLE COSTS In-house Reproduction Cost Printing and Materials cost + 1 0% Express Mail/Courier/Next Day Service Cost + 1 0% Special Subconsultant Services cost + 1 0% NOTE: L. D. KING, INC. reserves the right to change hourly rates on August lst, due to labor agreements, salary adjustments, and changes in operating expenses. All billings will be at the current billing rates. REDEVELO AGENCY OF THE CITY OF AG FOR PROFESSIONAL SERVICES WINCHESTER ROAD AT TATE ROUTE 15 BR]IDGE WI]DENING AND NORT]EIBOUND EWMO FROJECT NO. PW94-21 THIS AGREEMIENT, is made and effective as of October 8, 1996, between the Redevelopment Agency of the City of Temecula, a public body, corporate and politic ("Agency') and L.D. KING, INC, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERNL This Agreement shall commence on October 8, 1996, and shall remain and continue in effect until @ described herein are completed, but in no event later than October 8, 1"7, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PF-RF)ORMANU. Consultant shall at all fims faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices u@ by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4.PAYMENT. a. The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by @ reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred and Eight Thousand Dollars ilnd No Cents ($180,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultnu shall not be compensated for any services rendered in connection with its perfon-nance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Executive Director. Consultant shall be compensated for any addifional services in the amounts and in the manner as agreed to by Executive Director and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services. The Executive Director may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the Agency Members. C. Consultant will subrmt mvoices monthly for actual services performed. Invoices shall he submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within @ (30) days of receipt of each invoice as to all nondisputed fees. If the Agency disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. R:\CFP\PROJECTS%PW94@94.21\AGR@ -@TNC, ArP SUSPENSION OR TERMMATION OF AGREEMENT WrrHOTTr CAUSE. a.The Agency may at any fim, for any remn, with or without cause, suspend or terminate this Agreement,or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such @nsion or termination @ not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the fim of termination, provided that the work performed is of value to the Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3. 6.DEFAIJIT OF CONI;ULTANT. a. The Consultant's &Uure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such f"ure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the Executive Director or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency @ have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without @er notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DO NTS. a. Consultant @ maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. AU such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records, shall give Agency the right to examine and audit said books and records, shall permit Agency to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to @ Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused or otherwise disposed of by the Agency without the permission of the Consultant. V,,rith respect to computer files, Consultant shall make available to the Agency, upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any @es or property damage resulting ftom the reuse of the design at a location other than that specified in Exhibit A vhtliout the written consent of the Consultant. -2- 8. INDE CATION, ne Consultut agrees to defend, indemnify, protect and hold harmless the Agency, its officers, officials, employees and volunteers Erom and against any and all claims, demands, losses, defense costs or expenses, or liability of any " or nature which the Agency, its officers, agents and employees may or incur or which may be upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or @ to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the Agency. 9. IN@NCR RF-OIJTRFMWNT-IR. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a.Minimum Scopt of In@rance. Coverage shall be at least as broad as: (1)Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2)@anre Services Office form number CA 0001 (Ed. 1/87) covering Automobile liability, code I (any auto). (3)Worker's Compensation as required by the State of California and Employer's Liability Insurance. (4)Errors and omissions liability insurance appropriate to the consultant's profession. b.Minimum Limits of Inguran(-f-.. Consultant shall maintain limits no less than: (1)General Liability: $1,000,000 per occurrence for bodily injury, personal @ and property damage. 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)Errors and omissions liability: $1,000,000 per occurrence. C. Deduc6ble-q and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director. At the option of the Executive Director, 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 Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (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 belwf of the Consultant; products and completed operations of the Consultant; premises o@, occupied or used by the Consultant; or -3- R:S@ROJ@S\PW94',PW@:!]\-ACRFT7k4@T,T)Vr,4r, -r.@ automobiles owned, leased, hired or borrowed by the Consultant. The coverage @ 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 Consultant's insurance coverage shall be primary ce 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 Consultant'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 Consultant'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 @ not be suspended, voided, canceled by either party, reduced in coverage or in limits except after @ (30) days' prior written notice by certified mail, return receipt requested, has been given to the Agency. e. Ac=tability of @rs. ce 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. f. Verification of CoveraLye. Consultant shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Agency. All endorsements are to be received and approved by the Agency before work commences. As an alternative to the Agency's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10.INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the Agency a wholly independent contractor. The personnel per-forming the services under this Agreement on behalf of Consultant shall at all times be under ConsWtant's exclusive direction and control. Neither Agency nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in @ Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the Agency. Consultant @ not incur or have the power to incur any deb@ obligation or liability whatever against Agency, or bind Agency in any manner. b.No employee benefits shall be available to Consultant in connection with the perfo ce of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency. The Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. ii. LEGAL REI;PONI;IRTII@-,;. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. 'Me Consultant shall at all times observe and comply 'with all such laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. a. considered co 12. RIFIlFAqE OF INFORMATTON, All information gained by Consultant in performance of this Agreement @ be and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested by the City Attorney, voluntarily provide declarations, letters of support, @ony at depositions, response to interrogatories or other information concerning the work performed under @ Agreement or relating to any project or property located within the Agency. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena. b. Consultant shall promptly notify Agency should Consultant, its officers, employees, agents or subcontractors be served with any mimmons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency. The Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide the Agency with the opportunity to review any response to discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, retarn 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: To Redevelopment Agency: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43174 Business Park Drive Attention:Executive Director To Consultant:L.D. King, Inc. 2151 East I'D" Street, Suite 100B Ontairo, California 917 Attention:Dale E. Wintergerst, P.E. 14. ASSIGNMENT. The Consultant shall not assign the performance of ft Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Brett Barnett @ perform the services described in this Agreement. Brett Barnett may use assistants, under their direct supervision, to perform some of the services under @ Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Brett Barnett from Consultant's employ. Should he or she leave Consultant's employ, the Agency @ have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Agency Members and the Consultant. 15. LlrENI;F-';. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. R:\CTPkPROJECTS\PW9,4%F'W@:!I@CRFT.MF.14\7,DKTNr, -r- 16.GOVERNINC,, T,AW. The Agency and Consultant understand and agree that the laws of the State ofCafifornia shall govem the rights, obligations, duties and liabilities of the parties to thlq Agreement and alsogovem the interpretation of this Agreement. Any Htigation concerning this Agreement shall take place inthe municipal, superior, or federal district court with j@ction over the Redevelopment Agency of the Cityof Temecula. 17. ENTIRF, ArrRF-F-MFNT. n& Agreement contains the entire unde between the parties relating to the obligations of the parties described in this Agreement. AU prior or contemporaneous agreements, unde , representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO FXF,(IMF, THIS AC.RFEMIFNT. The person or persons execuWW this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute dm Agreement on behalf of the ComWtant and has the authority to bind Consultant to the performance of its obligations hereunder. -6- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be emmted the day and year &g above written. REDEVELOPMENT AGENCY OF THE CrrY OF TEMEECULA By: Patricia H. BirdsaU, Chairperson ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT L.D. KING, INC. 2151 East uD" Street, Suite IOOB Ontario, California 917 Phone:(909) 988-5492 Dougdas H. Mays, P.E. -7- IT A TASKS TO'RF P'F-RFORMFD -8- ,, @-, . -@ CITY OF TEMECULA ROUTE 151WINCHESTER ROAD INTERCHANGE SCOPE OF WORK CONTRACT ADMINISTRATION AND INSPECTION The Construction Engineer will have overall responsibility for all construction activity management and will report directly to the city's designated Resident Engineer. All personnel involved with the project will be constantly alert for unforeseen circumstances, oversights or value engineering possibilities that may require a contract change order. Early detection of the unforeseen circumstances or oversights can avoid unnecessary delays and costs. Change orders, when required, will be prepared by city staff, with assistance from the construction engineer, if necessary. All processing of contract change orders will be done by the city. Inasmuch as this project is on an interstate route it is extremely important that all inspection and field office records be acceptable to the Federal Highway Administration. All inspection and field record keeping procedures will be in accordance with the procedures as described in Caltrans' Construction Manual and Local Projects Manual. These procedures are well defined and are accepted as meeting all federal requirements. Vehicles will be provided for all project field staff and a cellular phone will be provided for communication. The Construction Engineer will provide safety training for all field. Project safety meetings will be held regularly and all necessary personal safety equipment will be provided. Contract administration and inspection has been broken down into categories for-. Construction progress monitoring, scheduling and control. Construction quantity and cost monitoring. Construction quality control and inspection. Agency liaison and coordination. Ongoing general oversight of total project and value engineering. Project close out and documentation. Specific services to be and provided under the categories for contract administration and inspection include the following: Scope of Work Page 2 Under construction progress monitoring: 0Maintain an accounting of the contract working days and provide a report to the contractor on a weekly basis. 0Prepare daily reports describing all work on the project and giving details of conversations related to the project. 0Coordinate with the contractor on the day-to-day scheduling of construction operations. aReview the progress schedule for the contract and identify problem areas in advance so that adjustments can be made before a delay to the project occurs. 0Review the projected construction schedule to ensure that adequate staff is available for inspection and, also, that the project is not overstaffed for inspection. Under quantity and cost monitoring: ùReview the contractor's monthly estimate of contract progress to be used as a basis for payment. ùObtain field measurements as needed for verification of payment of contract quantities. Under quality control and inspection: Ensure that all work performed by the contractor is Inspected for compliance with the plans and specifications, in accordance with the requirements of Chapter VI of the Caltrans Construction Manual. Review equipment to be used for suitability to and adequacy for the work. Visually inspect all materials to be incorporated in the work and obtain certificates of compliance where appropriate. 0Observe traffic control procedures to ensure that standards for safety and public convenience are observed. 0Arrange for testing of construction materials as necessary and in accordance with the requirements Section 8 of the Caltrans Construction Manual. 0Review all inspection reports as soon as they are received and take immediate corrective action if deficiencies are indicated. 0Monitor the work to ensure compliance with the environmental requirements. 9Discuss the work with the contractors representative so that the intent of the work is always clearly understood. 0Prepare daily inspection reports describing the work and listing the labor and equipment used for each operation. 0 Document all conversations or incidents related to the work. Scope of Work Page 3 Under agency liaison and coordination: 0Conduct regular weekly review meetings with the agencies involved and the contractor, 0Maintain liaison with the designer, the city and other agencies involved in the work. 0Review, or forward to the designer for review, shop drawings and other submittals and return to contractor in a timely manner and maintain a record of the submittals and transmittal dates. 0Review all utilities within the project and coordinate with the utility companies for protection in place or relocation as necessary. Under general oversight: 0Assist the city in the preparation of change orders, as needed, describing the work to be done or revised, the payment method and the effect on contract time. 0Review contractor's payrolls for compliance with contract prevailing wage requirements. Coordinate with the contractor on requested changes. Review any potential claims and make recommendations to the city for disposition of the potential claim. Maintain photographic records, clearly labeled and identified, of all work on the project before, during and after construction. Maintain field office records, properly organized and filed in accordance with the procedures outlined in the Caltrans Construction Manual, Section 3-01. Check plans against field conditions and recommend changes if necessary. Provide ongoing value engineering oversight and recommend revisions to improve the cost effectiveness. Project Close Out and Documentation: Arrange for a final inspection by the city, and other affected agencies. Prepare a letter to the city recommending acceptance of the contract. Compile a list of final quantities and obtain concurrence from the contractor on all items. Review the final progress payment. Prepare as-built plans, using the original drawings, showing all changes or deviations from the original plans. Prepare a recommendation, if necessary, on any contract time overrun. Scope of Work Page 4 0Deliver the originals of all contract records to the city, in clearly identified boxes. 0Prepare a close-out report documenting all pertinent aspects of the project, including final punch lists, final payment, lien releases, transfers of title to other agencies and transmittal of required information to Caltrans. CONSTRUCTION STAKING AND MATERIALS TESTING: Construction staking and material testing are not included in this scope of work. EXEMrr B PAYMENT SCHFDIJI.'F -9- R:\CTPNPROJECTS@\PW@71\Af-,P.@@'T@r@ &r.. Lr)anG EXHIBIT "B" .................. ... ..... . ............................ ............. ................... .............. .......................... ................. .. ........ ............ . . ............ RATE SCHEDUI-E August 1, 1996 through July 31, 1997 HOURLY RATE Principal $125.00 Project Manager $98.00 Project Engineer/Planner $88.00 Project Designer $82.00 Associate Engineer/Planner $76.00 Senior Designer Drafter/CADD Technician $76.00 Assistant Engineer/Planner $70.00 Drafter/CADD Technician $65.00 Engineering/Planning Technician $45.00 Engineering/Planning Aide $40.00 Administrative Assistant $45.00 Word Processor/Secretary $40.00 SURVEYING SERVICES Project Manager/Surveys $98.00 Project Surveyor/Office $76.00 Survey Calculator $70.00 3-Man Survey Crew $197.00 2-Man Survey Crew $157.00 1 -Man Survey Crew $ 84.00 TRAVEL TIME (WHEN IN EXCESS OF 8 HOURS PER DAY) 3-Man Survey Crew $108.00 2-Man Survey Crew $ 73.00 OVERTIME RATES 3-Man Survey Crew $220.00 2-Man Survey Crew $178.00 CONSTRUCTION SERVICES Construction/Resident Engineer $ 98.00 Construction/Bridge Engineer $ 98.00 Senior Construction Inspector $ 82.00 Construction Inspector $ 72.00 CarfTruck for Construction Services Personnel $ 25.00/Day REIMBURSABLE COSTS In-house Reproduction Cost Printing and Materials Cost + 10% Express Mail/Courier/Next Day Service cost + 1 0% Special Subconsultant Services cost + 1 0% NOTE: L. D. KING, INC. reserves the right to change hourly rates on August ist, due to labor agreements, salary adjustments, and changes in operating expenses. All billings will be at the current billing rates. TEN4ECULA CON4N4UNITY SERVICES DISTRICT ITEIN4 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD SEPTEMBER 24, 1996 A regular meeting of the Temecula Community Services District was called to order at 7:34 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. President Ron Roberts presiding. ROLL CALL PRESENT: 5 DIRECTORS: Birdsall, Ford, Lindemans, Stone, Roberts ABSENT: 0 DIRECTORS: None Also present were General Manager Ronald E. Bradley, City Attorney Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Director Birdsall, seconded by Director Stone to approve Consent Calendar Items 1-3. The motion carried as follows: AYES: 5 DIRECTORS: Birdsall, Ford, Lindemans, Stone, Roberts NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None 1 Minutes 1.1Approve the minutes of September 10, 1996. 2Release of Labor and Materials Bond for Butterfield Staae Park - Kaufman and Br@ of San Dieao, Inc. (Located at De Portola Road and Butterfield Stage Road) 2.1Authorize the release of Labor and Materials bond for the construction of Butterfield Stage Park - Kaufman and Broad of San Diego, Inc. 2.2 Direct the Secretary/City Clerk to notify the Developer and the Surety. r:\mi nutes.csd\09 249 6 -1- 3Completion and Accel2tance of the Rancho California Sports Park Improvement Project - Project No. PW94-07CSD 3.1Accept the Construction of Rancho California Sports Park Improvement Project, Project No. PW94-07CSD, as complete; 3.2Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 3.3Direct the City Clerk to release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. DIRECTOR OF COMMUNITY SERVICES REPORT None given. GENERAL MANAGERS REPORT None given. BOARD OF DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Director Stone, seconded by Director Ford to adjourn at 7:35 PM to a meeting on October 8, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. Ron Roberts, President ATTEST: June S. Greek, CMC, City Clerk/ District Secretary r:\mi nutes.csd\09 249 6 -2- REDEVELOPMENT AGENCY ITEI\4 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD SEPTEMBER 24, 1996 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:35 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Patricia H. Birdsall presiding. PRESENT: 5 AGENCY MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR. It was moved by Agency Member Stone, seconded by Agency Member Roberts to approve Consent Calendar Items 1 and 2. The motion carried as follows: AYES: 5 AGENCY MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None 1 Minutes 1.1Approve the minutes of September 10, 1996. 2S@nale-Family Residential Rehabilitation Proarao3. 2.1Adopt a resolution entitled: RESOLUTION NO. RDA 96-18 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA TO ESTABLISH THE SINGLE-FAMLY RESIDENTIAL REHABILITATION PROGRAM TO ASSIST PROPERTY OWNERS TO REHABILITATE RESIDENTIAL PROPERTY FOR THE PURPOSE OF INCREASING, IMPROVING AND PRESERVING THE SUPPLY OF LOW AND MODERATE INCOME HOUSING WITHIN THE REDEVELOPMENT PROJECT AREA AND THE CITY Minutes.rda\092496 -1- EXECUTIVE DIRECTOR REPORT None given. AGENCY MEMBER'S REPORTS None given. ADJOURNMENT It was moved by Agency Member Lindemans, seconded by Agency Member Stone to adjourn at 7:36 PM to a meeting on October 8, 1996, 7:00 P.M., Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, CMC, City Clerk/ Agency Secretary Minutes.rda\092496 -2- ITEI\4 2 APPROVAL CITY ATTORNEY FINANCE OFFICE@ NAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Redevelopment Agency FROM:Ronald E. Bradley, Executive Director DATE:October 8, 1996 SUBJECT: Acquisition of Property for the Affordable Housing Program Prepared By: Craig D. Ruiz, Assistant Planner RECOMMENDATION:The Redevelopment Agency: 1Adopt a resolution entitled: RESOLUTION NO. RDA 96- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTIES LOCATED AT 28485-28497 PUJOL STREET AND 28559-28565 PUJOL STREET IN THE CITY OF TEMECULA 2.That the Agency authorize the expenditures of up to $1,264,000 from RDA Housing set-aside funds for acquisition, escrow and closing costs. 3.That the Agency authorize the transfer of $274,000 from the RDA Fund Balance to Account No. 165-199-812-5804. BACKGROUND During the last several months, staff held several discussions with representatives of the FDIC, owner of the Sherwood Apartments and Pujol Street Apartments. The Sherwood Apartments are a 28 unit complex and the Pujol Street Apartments are a 14 unit complex. These two properties are located on either side of the four properties previously purchased by the Agency. As a result of the discussions with the FDIC, the following offer was made and accepted by the FDIC: 28559-28565 Puiol Street (Pu'ol Street Apartments) and 28485-28497 Pujol Street (Sherwood Apartments), in the amount of $1,254,000 R:\HOUSENG\NPUJOLCL.CC2 10/l/96 cdr 1 An appraisal of the properties was performed by the City's appraiser, Mr. John Neet, AIA. The offer and accepted purchase price is reflective of the appraised value determined by Mr. Neet. Following the close of escrow, the properties will be the subject of a comprehensive plan to develop the total project area (subject properties and the four adjacent properties previously acquired) as part of the City's affordable housing program. A Phase I Environmental Analysis has been conducted on both properties. No presence of hazardous waste or unacceptable soil conditions was found. In addition, a building inspection is being conducted to determine the condition of each rental unit. This will be concluded during the due diligence period. FISCAL IMPACTS The $1,264,000 acquisition cost will be funded by the RDA Low to Moderate Housing Fund. Currently, $990,000 is available in the RDA Housing Fund Budget for the acquisition of affordable housing. An additional $274,000 will need to be appropriated from the RDA Fund Balance. Attachments: 1 . Resolution of Approval - Page 3 R:\HOUSINOWPUJO@.CC? 10/2/96 c& 2 ATTACHMENT NO. 1 RESOLUTION NO. RDA 96- R:\HOUSING\NPUJOLCL.CC2 10/l/96 cdr 3 RESOLUTION NO. RDA 96- A RESOLLMON OF THE REDEVELOPMEENT AGENCY OF THE CITYOF TEM[ECULA APPROVING THAT CERTAIN AGRE ENTITLED "PURCHASE AND SALE AGRE AND JOINT ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTIES LOCATED AT 28485-28497 PUJOL STREET AND 28595- 28565 PUJOL STREET IN THE CITY OF TEMIECULA THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. 'ne Redevelopment Agency does hereby find, deten-nine and declare that: a. The Agency is currently implementing the Redevelopment Plan for RedevelopmentProject No. 1--1988, originally approved by the Board of Supervisors of Riverside County on July 12, 1988 prior to the incorporation of the City and subsequently approved and transferred to the Redevelopment Agency of the City of Temecula on April 9, 1991 (the "Plan"). b. The Agency has established a Low and Moderate Income Housing Fund pursuant to the provisions of Health and Safety Code Section 33433 for the purposes of increasing, improvin- and preserving the supply of low and moderate income housing within the Project Area and the City. C. The Agency proposes to purchase the properties described in the attached "Purchase and Sale Agreement and Joint Escrow Instructions" for acquisition of certain real properties located at 28485-28497 Pujol Street and 28559- 28565 ]Flujol Street in the City of Temecula ("Property") for the purposes of increasing, improving and preserving the supply of low and moderate income housinc, within the Project Area and the City as the properties are zoned for mult'l-fanilly residential housing and are located in an area already developed with multi-family housinc, d. The acquisition of the Properties for low and moderate income housing purposes is consistent with the Redevelopment Plan and with the Implementation Plan adopted by the Agency. Additionally, acquisition of the Properties and the improvement and preservation of low and moderate income housing thereon will assist in the elimination of blight in the Project Area. e. The acquisition of the Properties and the units thereon is exempt from the provisions of the California Environmental Quality Act pursuant to 14 Cal. Admin. Code 15326. Moreover, the EIR approving the Plan addressed the impacts of housing development in the area of the Properties. R:\HOUSENG\NPUJOLCL.CC2 10/l/96 cdr 4 Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Purchase and Sale Agreement and Joint Escrow Instructions" for acquisition of certain real properties located at 28485-28497 Pujol Street and 28559- 28565 Pujol Street in the City of Temecula and authorizes the Chairperson to execute the Agreement in substantially the form attached hereto as Exhibit A. Section 3. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOffM by the Redevelopment Agency of the City of Temecula on October 8, 1996. Patricia H. Birdsall, Chairperson A=T: June S. Greek, CMC, City Clerk/ Agency Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE Ss CITY OF TEMECULA 1, June S. Greek, City Clerk/Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the Resolution No. RDA 96- was duly and regularly adopted by the Redevelopment Agency of the City of Temecula at a regular meeting thereof, held on October 8, 1996, by the following vote, to wit: AYES:AGENCY MEMBERS: NOES:AGENCY M@ERS: ABSENT: AGENCY ERS: ABSTAIN:AGENCY MEMBERS: June S. Greek, City Clerk/Agency Secretary R:\HOUSING\NPUJOLCL.CC2 10/1196 edr 5 EXHIBIT A PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS R:\HOUSING\NPUJO@.CC2 10/l/96 c& 6 PURCHASE AND SALE AG AND JOINT ESCROW INSTRUCITONS THIS PURCHASE AND SALE AG (this 'A umment') is entered into n Seller and Purchaser. PART T Part II of this Agreement, including the Exhibits and Addenda, makes reference to the following items that must be completed or noted as 'Not Applicable" prior to exer-ution of this Agreement. All Addenda and Exhibits checked on the signature page are part of this Agreement. 1. The 'Sellt-r' is FeiiF-rn] T)=Drit Tn-,iirnnt-P Cn=rntinn n-q R@-eiver fnr AmF-rir-nn CnmmF--rc--& Nnfinnal %nk 2.The '@irrh-q@-r' is CitV of Tf-m@-iilq RMt-vt-Injiment Agt-n@ 3. The "Rfnl R=M' is l@,qt ?84R5-)R4c)7 Piiinl,'R@-t anci Ptijol ec TE-m@.iiln, (A and is more fully described in F-Yhihit 'A' and S tion 1 of Part E. 4. The '@irf-hi@- Price" is OnL-. Millinn Twn T4iindred Fifty-fniir Thnii.%2nd AND 00/100 DOLLARS ($ 5.The 'F-2rnt-qt Mnne-y" is an amount equal to five percent (5%) of the Purchase Price, thatamount being calculated as $ 6? '700 , and payable in accordance with the provisions of Section 2of Part II. 6.The "T)ile T)iligenep Pf-rind' shall mean the period commencing with the Effective Date and terminating tt--n ( ) days thereafter. PURCHASER EXPRESSLY ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT PURCHASERIS FAELURE PERIOD OF ANY OBJECTION TO ANY MATTER CONCERNING THE PROPERTY OTELER THAN GENERAL MA OF TITLE AS SET FORTH IN SECTION 4 F, SHALL BE DEEMED PURCHASERIS APPROVAL OF ALL SUCH MA PURCHASER'S 7.'ne "Bmkt-r' is N/A- 8.The 'Piirch;icer'-, Sile-, Agent" is N/A 9.The "Titlf-- Cnml).qny", which issued the Commitment for Title Insurance dated Sf--ptf-mht-r?g 1995, ic Fir-,t @m@r-qn Title In-,iir2nre Compqny qnri ';t-litf-mher 26, lc)9@, i@-, 10. The "Fff@,t7ive T);itf--" is which is the date upon which this Agreement is executed by the Seller, as evidenced by the insertion of such date below the Seller's signature. 11.The 'C-Incing Datt-' is 10 (igyq nr --,nnnf-.r TO PROVIDE SELLER WIM NOTICE THE DUE DILIGENCE nwyfr@ Title Cnmpa@ MA.wdp%l 12. For purposes of notice, as provided in Section 7 of Part II, the addresses of the parties shall be as follows: If to Seller, to: F,--dL-rni n=sit Tn.-;iiran@ rn=ratinn 2c R@-L-ivt-r Amt-rirAn r 'innnl Rnnk- P. 0. Box 7549 Mail Stop #: J-624A-60 Newport Beach, CA 92658-7549 Attn: qiit-- Ft--diivkn Telephone No.: 714-')fi';-7724 If to Purchaser, to: rity nf Tem@iiin ReAeyeloi3ment Agency p- b gnr @ Tem@-iil.q, rA C)2'SRO-903.3 County of Attention: Craig Riii7. Telephone No.: 9M 604-1 gRg F2x Nn- 9M 6C)4-1999 With copy to:Pf-tt-r Thnrqnn RIC14ARD-,q, WAT.I;ON, k C7,F-R,'qHON 7'hifty-F,ighth Flnor II'l @iit@ T4nDe Strt-pt Tn-, Angelf---,, (-A O(M71-007R 13.The "@" i,, Ciliforni2 14. Buyer does N/A does not N/A intend to occupy the Property as his/her residence. 15.Title to the Property shall be vested in Purchaser as follows: CitV of Tem&,rii]2 Rt-deve-inrimf-.nt Agenry 16.The "Cin-ing Agent' ir Firrt Americ-.nn Title- In.-,ur:;nr-e Comlinn-y- 17.The "Cin-,ing I nmtinn" is'200'F. 1;2ncipointe-- Siii@ 600, 1;2ntn Anq, CA 92707 900 Pxt 7702, lcttt-ntinn- Patt!i Brnwn- 18. Acifiitinnil T)igrlnciire-,. In addition to those items disclosed in the due diligence materials provided to Purchaser, including, without limitation, a preliminary title report, an environmental assessment report, a survey, service contracts, and building lease(s), if any, Seller discloses the following defects, or other material information, regarding the Property: NI.A 19.Acirlifiong] Pr PSA..dv'J PART H W I T N'F-.q lqF T 1FF: In consideration of the mutual covenants and 4=ments set forth herein, the parties hereto hereby agree as follows: Section 1. Salp send INirchn-@. Seller hereby agrees to sell to Purchaser and Purchaser hereby agrees to purchase ft-om Seller for the Purchase Price and on and subject to the terms and conditions in this Agreement all of SeHer's interest in the following: (a)that certain tract or parcel of land described in lpxhihit 'A' attached hereto and incorporated herein for all purposes, together with all rights and appurtenances pe g thereto, including, but not limited to, any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (the 'Land'), (b) all buildings and other improvements si@ on the Land, together with all fixtures and other property attached thereto (collectively called the 'Tmi3mvementq'), and (c) any equipment, machinery, building materials, furnishings, furniture and other personalty (the 'Pf-r-,nnalty'), now or hereafter located on or about the Land and the Improvements. The Land, the Improvements and the Personalty are collectively called the 'Prnnerty'. Only that Personalty which is owned by Seller and on the Property at the time of Closing will be conveyed. Section 2. INirrhn-w Prirp; F-arne-4 Mnnpy. (a)The Piirrh:;.ce Pri= is the amount for which Seller agrees to sell and convey the Property toPurchaser, and which Purchaser agrees to pay to Seller, subject to the terms hereof. (b)On the Effective Date, Purchaser shall deliver or cause to be delivered to the Closing Agent F-qrne-,t Mnney. If the Purchaser is seeking financing from another source than Seller ('ThiTcl PglU Fin:inring") the Earnest Money will not be refunded if Purchaser is unable to obtain such Third Party Financing. (c)All sums to be paid by Purchaser in this Agreement (other than monthly payments for Sefler'sfinancing, if any, after Closing), shall be paid in United States currency by cash, wired funds,cashier's check or otherwise immediately available funds. Section 3. @ip D*I;gpnrt- Pt-riati. (a) If Purchaser objects to any matter concerning the condition of the Property other than the Permitted Exceptions in Section 4, Purchaser's objection shall be made in writing and delivered to Seller during the Due Diligence Period. Seller shall have ten (10) calendar days following receipt of Purchaser's written objection to elect not to cure the objection or to commence to cure the objection. If Seller elects not to cure the objection during the ten (10) day period or is unable thereafter to complete the cure of an objection, Seller shall so notify Purchaser in writing. Within seven (7) calendar days of the date of Seller's notification, Purchaser shall elect either to waive its objection or to terminate this Agreement. Upon termination all funds and documents, except funds constituting Purchaser's share of expenses as shall then be due, shall be returned by the Closing Agent to the party or parties depositing the same with Closing Agent, and neither party shall have any liability or obligation to the other, nor shall Purchaser have any right of action concerning either title to or possession of the Property; provided, however, that any and all agreements of indemnity and/or to hold harmless contained in this Agreement shall survive such termination. (b) In the event that termination of this Agreement shall not have occurred, then, upon the expiration of the Diligence Period, as extended, as necessary, by any cure and waiver periods provided in Section 3(a) of Part U, the Earnest Money shall be released to Seller FISA.@dp\3 and Purchaser's obligation to purchase the @rty on or before the Closing Date shall become unconditional except for SelleT's duty to deliver title to and possession of the Property in the condition which Purchaser has approved or is deemed to have approved. Notwithstandin, anyffimg to the contrary contained within tlus Agreement, however, Sefler's obligation to sell th,, Property is expressly subject to and contingent upon the meeting by Purchaser of all of its obligations hereunder. Section 4. Titlp rnmmit-mpnt. (a)Prior to or concurrent with Purchaser's execution of this Agreement Purchaser has received and reviewed a commitment for Title Insurance (the ' ') covering the Property and binding the Title Company to issue to Purchaser at Closing a C.L.T.A. Standard Form Owner's Policy of Title Insurance (the 'Titii-- Pnlir!y") in the amount of the Purchase Price, with such Commitment setting forth the status of the title of the Property and showing all liens, claims, encumbrances, easements, rights-of-way, encroachments, reservations, restrictions and any other matters of record affecting the Property. Seller, in its sole discretion, may require Purchaser to obtain a survey at Purchaser's sole cost fulfilling the Survey Requirements, if any. (b) The sale of the Property is contingent upon Seller having the ability to transfer marketable fee title subject to the matters set forth in the Commitment (including, without limitation, all matters set forth in the exceptions schedule of the Commitment, the resolution of which is not required (i) to establish the correct identity or authority of Seller or (ii) as a condition to the issuance of a title policy), all of which shall be included within the term 'Pf-rmi@ " as used herein. (c) Purchaser hereby accepts the matters set forth in the exceptions schedule of the Comn-dtment, (except set forth in 4(b) of Part 11 above) as Permitted Exceptions. (d) Exceptions to title first appearing of record after the date of the Commitment Fx=fion,,") shall @ constitute Pern-d@ Exceptions unless Purchaser reasonably objects to such New Exceptions within five (5) days after receipt of notice of any such New Exception. If the Purchaser fails to no@ the Seller in writing of such objections within the five (5) day period, any objection will be deemed to have been waived. If Purchaser reasonably objects to any New Exception, Seller may exercise reasonable efforts to cure such objection prior to Closing or may provide Purchaser an endorsement to the Title Policy, at Seller's expense, insuring against such New Exception. Objections to New Exceptions shall be deemed unreasonable if the New Exception does not substantially or adversely affect title to the Property or the Purchaser's proposed operation, use or development of the Property. If Seller is unable or unwilling to cure or provide insurance over any New Exception to which Purchaser reasonably objects, Purchaser shall release all claims and interest in the Property, and Purchaser and Seller shall each be released of all further liability hereunder, except for Purchaser's obligations under Section 14 of Part H of this Agreement. Section 5. Repr@entqtinns and Warr-AntifK; Di-crl:i*mer- Wn*vpr of (a)Purchaser represents and warrants to Seller as follows: (1) If Purchaser executes this Agreement as a corporation, Purchaser and each of the persons executing this Agreement on behalf of Purchaser represent and warrant that (i) Purchaser is a duly organized and existing corporation in good standing; (ii) Purchaser is qualified to do business in the State and its state of incorporation (if different); (iii) Purchaser has full right and authority to enter into this Agreement and to consummate the transaction contemplated herein; (iv) each of the persons executing this Agreement ( behalf ofpurchaser is authorized to do so; and (v) this Agreement constitutes a valid an, legally binding obligation of Purchaser, enforceable in accordance with its terms. (2) If Purchaser executes this Agreement as a partnership or joint venture, Purchaser and each of the persons executing this Agreement on behalf of Purchaser represent and warrant that (i) Purchaser is a duly organized and existing partnership or PSA.@d.14 joint venture; Cli) Purchaser is qualified to do business in the State and the state of its formation (if different); (iii) has full right and authority to enter into this Agreement and to consummate the transaction contemplated herein; (iv) each of the persons executing this Agreement on behalf of Purchaser is autho@ to do so; and (v) this Agreement constitutes a valid and legally binding obligation of Purchaser, enforceable in accordance with its terms. (3) If Purchaser executes this Agreement as a corporation, partnership or joint venture, Purchaser, as soon as possible and in no event later than seven (7) days after the EffectLve Date, shall deliver to Seller such documentation as Seller may reasonably require to evidence the matters set forth in either Sections 5(a)(1) or (2) of Part H above, including, without liniitation, corporate or partnership resolutions authorizing the transaction contemplated herein. (4) There are no material legal or administrative proceedings pending or, to the best of Purchasez's knowledge, ffi=tened against or affecting Purchaser. (5) Purchaser is not aware of any employee of FDIC or Resolution Trust Corporation ("RTC') or any 'family member' of any FDIC or RTC employee who has any interest, direct or indirect, in the acquisition of the Property pursuant to this Agreement (the 'Transaction'). For purposes of this Agreement, 'family member" of an FDIC or RTC employee shall mean the employee's spouse or dependent child or any member of the employee's immediate household. Purchaser agrees to execute an Affidavit of Disclosure in the form attached as Fxhibit -T)' and provide it to Seller on or before the Effective Date. OF PURCHASER (6) Purchaser is not a person prohibited from purchasing assets under 12 U.S.C. Section 1821(p). The Purchaser also warrants and represents to FDIC that except as otherwise disclosed to FDIC in writing and attached hereto: (a) Neither Purchaser, if an individual, nor any director, if a corporation, nor any officer or employee participating or expected to participate in any manner in the Transaction prior to its consummation ('Participating Person") is a former employee of FDIC, the Federal Savings and Loan Insurance Corporation ('FSLIC'), the Federal Home @ Bank Board ('5HLBB'). (b) Neither Purchaser nor any director of Potential Purchaser, if a corporation, nor any Participating Person has any obligation owed to FDIC that is not performing as agreed or from which such person has been released (if such release involved the forgiveness of indebtedness). (c) Purchaser is not aware of (i) any debtor of FDIC whose obligations are not performing as agreed or (ii) any debtor of FDIC who was released from his or her obligations (if such release involved the forgiveness of indebtedness) who has any interest, direct or indirect, int he acquisition of assets through the Transaction. (d) Purchaser is not aware of any former director or officer of a failed insured depository institution who is the subject of an outstanding judgment or restitution order held by FDIC, with which such director or officer is not in compliance, who has any interest, direct or indirect, in the acquisition of :sses through the Transaction. Purchaser agrees to execute an Affidavit of Dis;;Iosui-e in the form attached as Effective Date. NA @dn@5 and provide it to Seller on or before the OF PURCHASER (7)In addition to the acts and deeds recited herein and contemplated to be performed, executed and delivered by Purchaser, Purchaser shall perform, execute and deliver or cause to be performed, executed and delivered at the Closing or after tt Closing, any and all finther acts, deeds and assurances as Seller, Closing Agent or ti, Title Company may reasonably require to- consummate the transaction contemplated herein. (b)SELLER AND PURCHASER ACKNOWLEDGE AND AGREE THAT SELLER ACQ THE PROPERTY AS A RECE@, OR PURSUANT TO A TRANSFER iFRom FSLIC/FDIC AS OR IN ITS CORPORATE CAPACITY, OR THE GENERAL PARTNER OF SELLER WHICH IS A SUBSIDIARY CORPORATION OF A FAILED SAVINGS AND LOAN ASSOCIATION WHICH WAS PLACED IN REC B[jp AND THE PROPERTY IS BEING SOLD IN FUR CEOF THE SAVINGS AND LOAN RECE HIEP PROCESS AND THE FDIC IS RECOF THE PARENT SAVINGS AND LOAN ASSOCIATION AND CONSEQUENTLY SELLER HAS , ]IF ANY, KNOWLEDGE OF THE PHYSICAL OR ECONOMIC CHARACTERISTICS OF THE PROPERTY. ACCORDINGLY, EXCEPT AS OTHERWISE SPECIFICALLY STATED IN THIS AGREEMENT, SELLER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR , PAST, PRESENT OR , OF, AS TO, OR CONCERNING (i) THE NATURE AND CONDITION OF THE PROPERTY, INCLUDING, WRIHOUT LIMITATION, THE WATER, SOEL AND GEOLOGY, AND THE SUITAB F AND OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREON, AND THE EXISTENCE OF ANY ENVIRONMENTAL HAZARDS OR CONDITIONS ON (INCLUDING THE PRESENCE OF ASBESTOS) OR COMPLIANCE WITH ALL APPLICABLE LAWS, RULES OR REGLTLATIONS; (ii) EXCEPT FOR ANY WARRANTIES CONTAINED IN THE DEED TO BE DEL BY SELLER AT CLOSING, THE NATURE AND EXTENT OF ANY RIGHT-OF-WAI LEASE, POSSESSION, LIEN, ENCUMBRANCE, LICENSE, RESERVATION, CONDITION OR OI=WISE; AND (iiij THE COMPLIANCE OF THE PROPERTY OR ITS OPERATION WITH ANY LAWS, ORDINANCES OR REGULATIONS OF ANY GO ORO BODY. PURCHASER ACKNOWLEDGES THAT IT WELL INSPECT THE PROPERTY AND PURCHASER WILL RELY SOLELY ON ITS OWN TIGAT'ION OF THE PROPERTY AND NOT ON ANY @RMATTON PROVIDED OR TO BE PROVIDED BY SELLER. PURCHASER FURTHER ACKNOWLEDGES THAT THE INFORMATION PROVIDED AND TO BE PROVIDED WRM@PECT TO THE PROPERTY WAS OBT FROM A VARIETY OF SOURCES AND SELLER (i) HAS NOT MADE ANY INDEPENDENT TIGATION OR VERIFICATION OF SUCH NMRMATION; AND (ii@ DOES NOT MAKE ANY REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THE SALE OF THE PROPERTY AS PROVIDED FOR IN IS MADE ON AN 'AS IS- BASIS, AND PURCHASEREXPRESSLY ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGOFSELLER , EXCEPT AS OTHERWISE SPECIFIED HEREIN, SELLERNO WARRANTY OR REPRESENTATION, EXPRESS OR P"LEED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT L TO,ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR S FOR A PARTICULAR PURPOSE, IN RESPECT OF THE PROPERTY. FURTHER, THE PURCHASER EXPRESSLY WA@ ANY RIGHTS OF DISCLOSURE IT MAY HAVE AGAINST THE S , AND ES THE S FROM ANY OBLIGATION IT MAY HAVE TO DISCLOSE MATERIAL DEFECTS OR OTHER INFORMATION UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT. (c) Purchaser agrees that Seller shall not be responsible or liable to Purchaser for an@ construction defect, errors, omissions, the presence of 'Fnvirnnmf--ntnlly Hi7-arciniis Mitf--rigi.-,' (as defined below), or any other conditions affecting the presence of 'Fnvirnnmentqll3l l4-q7,ircinii- Matf-riilv', (herein so called, which term shall include, without limitation, friable asbestos, hazardous waste, any petroleum-based products and/or any property, fixtures or equipment containing polychlorinated biphenyls) or any other conditions affecting the Property as Purchaser @. -d,,6 is purchasing the AS-IS, WHERE-IS, and WrM ALL FAULTS. Purchaser or anyone claiming by, through or under Purchaser, hereby fully releases Seller, its employees, officers, directors, representatives, shareholders and agents from any and all claims that it may now have or hereafter acquire against Seller, its employees, officers, directors, representatives, @olders and agents for any cost, loss, liability, damage, expense, demand, action or cause of action arising from or related to any construction defects, errors, omissions, the presence of environmentally h:i7,qrdous materials, or any other conditions affecting the Property. Purchaser further acknowledges and agrees @ this release shall be given full force and effect according to each of its expressed terms and provisions, including, but not limited to, those relating to unknown and suspected claims, damages and causes of action. As a material covenant and condition of this Agreement, Purchaser agrees @ m the event of any such construction defects, errors, omissions, the presence of Environmentally Hn7;;rdous Materials, or any other conditions affecting the Property, Purchaser shall look solely to SeUer's predecessors or to such contractors and consultants as may have contracted for work in connection with the Property for any redress or reliel Purchaser hereby releases Seller of all rights, express or implied, Purchaser may have against Seller arising out of or resulting from any construction defects, errors, omissions or the presence of Environmentally H;i7,nrdous Materials on or in the Property. Purchaser indemnifies and holds Seller harmless from and against any liabilities, claims, demands or actions incident to, resulting from or in any way arising out of such construction defects, errors, omissions, or the presence of Environmentally Hazardous Materials on or in the Property. Purchaser further understands that some of SeRer's predecessors in interest may have filed petitions under the bankruptcy code and Purchaser may have no remedy against such predecessors, contractors or consultants. This waiver and release of claims shall survive Closing. (d) For the purposes of this Agreement, hq7-qrdous materials shall mean 'Any substance, product, waste or other material of any nature whatsoever which (i) is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601, @. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, @.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, @. ('RCRA"); the Toxic Substances Control Act, 15 U.S.C. Section 2601, f-t -,rA.; the Clear Water Act, 33 U.S.C. Section 1251, L--t seq.; the California H;;7ardous Waste Control Act, Health and Safety Code Section 25100, @.; the California Hazardous Substance Account Act, Health and Safety Code Section 25249.5, @.; California Health and Safety Code Section 25280, @.; (Underground Storage of Hq7-qrdous Substances; the California Ha7,irdous Waste Management Act, Health and Safety Code Section 25170. 1, @.; California Health and Safety Code Section 2550, @.; (Hq7-qrdous Materials Release Response Plans and Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code Section 13000, t--t seq.; all as amended, or any other federal, state or local statute, law, ordinance, resolution, code, rule, regulations, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hn7-qrdous, toxic or dangerous waste, substance or material, as now if effect, (ii) petroleum or crude oil other than petroleum products which are contained within regularly operated motor vehicles, and (iii) asbestos.' (e) The release contained in this Part II, Section 5 is intended as a full and complete release and discharge of any and all claims between the parties with respect to any construction defects, errors, omissions, the presence of Environmentally Hi7-nrdous Materials, or any other conditions affecting the Property, whether the same or any circumstances pertaining thereto, are now known or unknown to the parties or anyone else, or have already appeared or developed or may now be latent, or may in the future appear or develop or become known to the parties or to anyone else, and all rights under Section 1542 of the Civil Code of the State of California are hereby expressly waived. The undersigned understands that said Section 1542 of the Civil Code provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WE[ICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN EIIS FAVOR AT THE MM OF EXECUTING THE RELEASE, WMCH, EF KNOWN BY MM, MUST HAVE MA Y EIIS SETTLEMENT WrM THE DEBTOR. Section 6. rItKing. (a) Ile Closing of the sale of the Property by Seller to Purchaser ('ringing') sha' occur on or before the Closing Date. The Closing Date may be extended in the sole dismtio, of Seller. All extension requests are evaluated by the Seller on a case-by basis and may be accorded if Purchaser has shown good faith in attempting to close by the scheduled date. This Agreement shall not be conditioned upon the Seller granting any extension. 'ne Closing shall occur at the Closing Lmation or in such other place as Seller designates, at SeUer's option. (b)At the Closing, the following shall occur: (1)Seller shall deliver or cause to be delivered to Purchaser the following: (i) Evidence satisfactory to the Title Company that the person or persons executing this Agreement and the closing documents on behalf of Seller have full right, power and authority to do so. (ii)A Quitclaim Deed (the 'T)@") executed and acknowledged by Seller and conveying the Property to Purchaser. (iii) The Title Policy, issued in the full amount of the Purchase Price (premium cost allocated as provided h@below), insuring fee simple indefeasible title to the Property in Purchaser, subject only to the Permitted Exceptions, including, without limitation, the standard printed exceptions contained therein; provided however: (a) The standard exception as to restrictive covenants shall be deleted in its entirety (unless recorded restrictive covenants are specified - or deemed to be Permitted Exceptions, in which event the recording information thereof shall be listed under such exception). (b) The standard exception as to taxes shall be limited to the current year and subsequent years not yet due and payable and subsequent ments for prior years due to change in land usage or ownership, and (c) The standard exception as to rights of parties in possession shall be limited to rights of tenants in possession as tenants under any presently effective unrecorded and recorded leases; provided further, however, delivery of the Title Policy may be delayed in order to allow the Title Company to insert recording information as to documents recited therein which must be recorded at Closing. (iv) A Non-Foreign Affidavit stating, under penalty of petury, that Seller is not a 'foreign person' within the meaning of Sections 14-45(f)(3) and 7701(a)(30) of the Internal Revenue Code of 1986, as amended. (2) Purchaser shall deliver or cause to be delivered to Closing Agent the balance of the Purchase Price, due credit being given for the Earnest Money (including interest, if any, earned thereon) and any deposits, fees or the like retained by Seller, together with such additional funds as may be necessary to cover Purchaser's share of the closing costs and prorations hereunder. (3) Seller and Purchaser shall cause to be delivered to the Closing Agent such other documents as may be reasonably necessary and appropriate to complete tht Closing of the transaction contemplated herein. (4) SeUer's certification to the effect that it is not subject to withholding under California Revenue and Taxation Code Section 18805(d). (5) SeRer's and Purchaser's written escrow instructions to Close in accordance with the terms of this Agreement. (c) AR normal and customarily pro ratable items, including, without limitation, collected rents and other expenses and fees, and payments relating to the Service Contracts as defined in the Addendum (Income Producing Property) if applicable, which are defined as all contract agreements in force on the Closing Date relating to the ownership, operations, maintenance and use of the Property, together with all rights and obligations arising therefrom, which survive Closing, shall be prorated as of the Closing Date. Seller being charged and credited for all of the same to such date and Purchaser being charged and credited for all of the same on or after such date. All ad valorem real estate taxes and assessments levied or assessed against the Property shall be prorated according to the calendar year as of the Closing Date, based on the most recent tax bill for the Property. AR prorations at the time of Closing are considered final. Regarding utility deposits Purchaser must replace bonds provided by Seller (if any) or pay the cost of any cash deposit at or prior to the Close of Escrow. The provisions of this Section shall survive Closing. (d) In the event the Property has been assessed for property tax purposes at such rates as would result in reassessment (i.e., "roU-back' =es) based upon the change in land usage or ownership of the Property, Purchaser hereby agrees to pay all such =es and to indemnify and save Seller harmless from and against all claims and liability for such taxes. Such indemnity shall survive Closing and not be merged therein. If a tax appeal or contest is pending as of the Closing Date, any savings resulting from the time period before the Closing Date shall be paid to Seller. Current year tax savings, when received, will be prorated according to the period of time during the current tax year when the Property was titled in the respective names of Seller and Purchaser. For the current year, costs of the appeal or contest, including attorneys' fees, will be prorated between Seller and Purchaser in the same proportion as they would share in the tax savings, if any. (e) Upon completion of the Closing, Seller shall deliver to Purchaser possession of the Property free and clear of all tenancies of every ldnd and parties in possession, except for tenants entitled to possession under the local ordinances or state law, and except for the Service Contracts, with the Property in the same condition as of the date hereof, normal wear and tear excepted. Purchaser hereby agrees to defend (with counsel acceptable to Seller), indemnify and hold Seller harmless from and against all claims, demands and actions by tenants including eviction p gs, under the Lcases local ordinances or state law, or by vendors, suppliers and tradespeople providing goods and services to the Property, for the period after Closing. Such indemnity shall survive Closing and not be merged therein. (f) (1) Purchaser shall pay for the cost of. (i)recording the Deed, and all other recording costs; (ii) any financing obtained by Purchaser in connection with its purchase of the Property pursuant hereto; (iii) services incurred by Purchaser in performing any feasibility study and related tests and investigations; (iv) all licenses, permits and authorizations necessary to operate the Property; and (v) to the extent of one-half (1/2) of said cost, any escrow or closing fees. (vi) any documentary stamp taxes, deed taxes, transfer taxes, intangible taxes, mortgage taxes or other similar taxes, bonds, fees or assessments, (2) Seller shall pay for the cost of: TK. 7,@%Q (i)preparing the Deed; (ii)the Commitment; (iii)the Title Policy; and (iv)to the extent of one-half (1/2) of said cost of any escrow or closing fees. (3)Each party shall pay its own attomey's fees. (g) The Closing Agent shall Close on or before the Closing Date (i) when and if it has received all of the items to be deposited by Seller and Purchaser, and (ii) it is prepared to issue Purrhaser's Title Policy in the condition required pursuant to the terms of this Agreement. The closing Agent shall Close pursuant to Seller's closing instructions letter, which includes instructions to close by: (1)Recording the Deed and if the Seller is providing financing, the following: (i)Deed of Trust; (ii) Assignment of and Cash Collateral; and (iii)UCC-1 Financing Statements; (2)Issuing the Title Policy to Purchaser and if Seller is providing financing, el issuing the ALTA Lender's Policy to Seller; (3) Delivering to Seller the Seller's Funds after deducting Seuer's share of closing costs and adjusting for prorations; (4)Delivering to Purchaser, Seller's certification that it is not a 'foreicn person", if available; (5) Delivering to Purchaser the items deposited into Escrow by Seller for Delivery to Purchaser, and (6) Delivering to Seller the items deposited into Escrow by Purchaser for Delivery to seller. Section 7. NntirtK. Any notice provided or required to be given under this Agreement must be in writing and shall be served (and shall be deemed to have been served) (i) by depositing same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested; (ii) by delivering the same to such party or agent of such party, in person or by commercial courier; or (iii) by facsimile or by depositing the same into the custody of a nationally recognized overnight delivery service such as Federal Express Corporation, Airborne Express, Emery or Purolator, addressed to the party to be notified. The parties' addresses are provided in Part I. From time to time either party may designate another address for all purposes of this Agreement by giving the other parry no less than ten (10) days advance notice of such change of address in accordance with the provisions hereof. Section 8. . In the event, but only in the event, the =saction described in this Agreement closes in accordance with the terms of this Agreement or any extension hereof (including without limitation any deadlines for closing), Seller agrees to pay, if applicable, subject to the terms hereof, and in accordance with the terms of a separate agreement between Seller and Broker, a brokerage commission (the 'rnmmi-.ginn'). The Co on shall be payable at Closing only if and when the transaction contemplated by this Agreement actually closes and then only as and when Seller receives the Purchase Price. No Commission shall be paid if the transaction contemplated by this Agreement is not completely closed in accordance with the terms hereof. Broker may agree to divide commissions with any other licensed real es= broker or salesman, but Seller @ be fully protected in paying the entire Commission to Broker and Seller shall have no obligation to any such other broker or salesman. Purchaser represents and warrants to the Seller that, except as set forth above with respect to Broker, and as provided in Purchaser's separate agreement with Purchaser's Sales Agent, if any, no real estate broker or agent has been autho@ to act on Purchaser's behalf and hereby indemnifies Seller and holds Seller harmless from any and all demands and claims which now have or hereafter may be against Seller as to brokerage fees, commissions or similar types of compensation with respect to the Property from Purchaser's Sales Agent or brokers engaged by Purchaser and from all expenses and costs in handling or defending such demands or claims. Purchaser acknowledges that at the time of execution of this Agreement, Broker advised Purchaser by this writing that Purchaser should have the abstract, if any, covering the Property examined by an attorney of Purchaser's own selection or that Purchaser should be furnished with or obtain a policy of title insurance. Section 9. A@gnmpnt. This Agreement may not be assigned by Purchaser without the written consent of Seller, which consent maybe withheld for any reason in SeUer's sole discretion. Section 10. Gnvprning Tnw; T4mi- ig of thp F---qpnci-. The construction, interpretation and performance of this Agreement shall be governed by the laws of the United States of America, and to the extent that state law would apply under applicable federal law, the laws of the state where the property is located. Time is of the essence in the performance of each party's obligations hereunder. Section 11. Rpmpd*FK. (a) IF PURCHASER REFUSES OR F@ TO CONSUMMATE THE PURCHASE OF THE PROPERTY PURSUANT TO THIS AGREEMENT FOR ANY REASON 0 THAN BREACH BY SELLER OF ITS AGRE S HEREUNDER, THEN SELLER, AS ITS SOLE AND EXCLUSIVE REMEDY, SHALL HAVE THE RIGHT TO ATE TIUS AG BY GIVING PURCHASER AND THE TITLE COMPANY NOTICE OF, IN WHICH EVENT PARTY 0 SHALL HAVE ANY FURTHER RIGHTS, DUTIES OR OBLIGATIONS HEREUNDER AND SELLER SHALL BE ENTITLED TO DEMAND AS LIQUIDATED DAMAGES (SELLER AND PURCHASER HEREBY ACKNOWLEDGING THAT THE AMOUNT OF DAMAGES RESULNNG FROM A BREACH OF THIS AGREEMENT BY PURCHASER WOULD BE DIFFICULT OR IMPOSSIBLE TO ACCURATELY ASCERTAIN), THE EARNEST MONEY (OR THE DEPOSIT THEREOF IEF THE EARNEST MONEY REQ HAS NOT BEEN COMPLETELY SATISFIED IN ACCORDANCE WITH THE TERMS OF THIS AG , OR FIVE PERCENT (5 %) OF THE PURCHASE PRICE, WHICHEVER SHALL BE LESS, WHICH SHALL BE IATELY RELEASED AND DELIVERED TO SELLER BY THE =E COMPANY. BY ITS EXECUNON HEREOF, PURCHASER ACKNOWLEDGES THAT THE TITLE COMPANY SHALL HAVE NO LIABILITY TO PURCHASER IN THE EVENT IT D S THE EARNEST MONEY TO SELLER IN ACCORDANCE WITH THE TERMS OF TIES AG , AND AGREES THAT THE =E COMPANY SHALL COMPLY WITH THE PROVISIONS OF THIS SECTION 13(a) WITHOUT THE NEED FOR SUBSEQUENT APPROVAL OR AUTHORIZANON FROM PURCHASER. ON OF THE EARNEST MONEY BY SELLER IS NOT ED AS A FORFEITURE OR PENALTY, BUT INSTEAD IS ED TO COMPENSATE SELLER FOR THE DAMAGES IT WILL SUFFER AS A RESULT OF SUCH DEFAULT BY PURCHASER, WHICH DAMAGES SHALL BE, IN PART, A RESULTS OF (i) THE REMOVAL OF THE PROPERTY FROM THE MARKET AND THE BUSINESS OPPORTUNRITES LOST Y AND (ii) THE POTENTIAL LOSS OF DEVELOPMENT OPPORTUNITIES. I AGREEING TO SUCH LIQUIDATED DAMAGES, PURCHASER ACKNOWLEDGES THAI THE AMOUNT OF SELLER'S ACTUAL DAMAGES BY REASON OF PURCHASER'S DEFAULT WILL BE SUBSTANTIAL BUT WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN, AND THE AMOUNT PROVIDED FOR HEREIN IS A REASONABLE ESTIMATE OF SUCH DAMAGES. IN ADDITION, PURCHASER DESMM TO HAVE A L@ATION PUT ON ITS POTENTIAL LIABILITY TO SELLER IN THE EVENT PURCHASER SHOULD SO DEFAULT IN THE PERFO CE OF ITS OBLIGATIONS HEREUNDER. ACCORDINGLY, IN ORDER TO INDUCE SELLER TO WARVE ALL OF THE REMEDIES THEY MIGHT OTHERWISE HAVE IN THE EVENT OF A DEFAULT BY PURCHASER, PURCHASER HAS PROPOSED, AND SELLER HAS ACCEPTED, THE CONCEPR OF LIQUIDATED DAMAGES AS SET FORTH HEREIN, WITH THE AMOUNT OF HAVE BEEN THE SUBJECT OF SPECIFIC AG B THE PARTIES. NO STANDING THE FOREGOING, IF, CONTRARY TO THE AGOF PURCHASER AND SELLER AS SET FORTH HEREIN, PURCHASER SHALL CONTEST TIUS PROVISION AND ANY COURT OF COMP JMSDICTION SHALL RULE IN AN ACTION BETWEEN PURCHASER AND SELLER THAT SELLER MAY NOT RETAIN THEEARNEST MONEY AS LIQUIDATED DAMAGES FOR PURCHASER'SDEFAULT, SFT I RR SHALL BE ENTITLED TO SEEK ALL RELIEF NORMALLY P AT LAW OR EQUITY TO AN AGGRIEVED SELLER. BY THEIR BE=O, SFT T -F,R AND PURCHASER SPECIFICALLY ACKNOWLEDGE ACCEPTANCE AND APPROVAL OF = FOREGOING LIQUIDATED DAMAGES PROVISION AND AGREE TO EXECUTE SUCH DOC S AS ESCROW MAY REQUIRE TO RELEASE THE EARNEST MONEY TO SELLER IN THE EVENT OF A DEFAULT BY PURCHASER: LS OF PURCHASER: INITLKL.S OF SELLER: (b)IF SELLER FAII-S TO PERFORM ANY OF ITS OBLIGATIONS OR AG HEREUNDER PRIOR TO OR AT CLOSING, PURCHASER MAY TERMINATE THIS AGREEMENT BY WRITTEN NOTICE THEREOF TO SELLER AND THE =E COMPANY, AT WHICH THE EARNEST MONEY SHALL BE TO PURCHASER AS PURCHASER'S SOLE AND EXCLUSRVE-REMEDY. IN NO EVENT SHALL SELLER BE LIABLE TO PURCHASER FOR ANY OTHER ACTUAL, PREVENTIVE, SPECULATIVE OR CONSEQUENTIAL DAMAGES, NOR SHALL PURCHASER BE ENTITLED TO BRING A CLAIM TO ENFORCE SPECIFIC PERFORMANCE OF =S AGREEMENT. Section 12. Cnndpmnnt*nn/Cnqii2ity. (a) In the event that all or any substantial portion of the Property shall be damaged or destroyed by fire or other casualty or be condemned or taken by eminent domain prior to Closing, Purchaser may, at its option, either (i) terminate this Agreement by written notice thereof to Seller within ten (10) days after Seller notifies Purchaser of the casualty or @g and receive the immediate return of the Earnest Money and all interest earned thereon if any; or (ii) proceed to close the transaction contemplated herein pursuant to the terms hereof, in which event Seller shall deliver to Purchaser at Closing any proceeds actually received by Seller attributable to the Property from such casualty condemnation or eminent domain proceeding, or assign to Purchas, at Closing any right Seller may have to any insurance proceeds condemnation or eminent dom& award attributable to the Property, and there shall be no reduction in the Purchase Price. In the event Purchaser fails to timely deliver written notice of termination as described in section (i) herein, Purchaser shall be deemed to have elected to proceed in accordance with section (ii). In no event shall any such casualty give rise to a claim by Purchaser against Seller for breach of this Agreement. (b)In the event the Property is damaged prior to Closing and such damage creates an emergency requiring immediate repair (prior to PurChaser's election under this section), in order to prevent @er damage to the Property the contractor and method of repair to be used shall be selected by Seller. Taking or casualty proceeds, if any, paid as a result of damage requiring immediate repair shall be used in paying the cost of such repairs. (c)Risk of loss or damage to the Property, or any part thereof, by fire or other casualty up until Closing shall be bome by Seller and th by Purchaser. Upon the mutual agreement of both Seller and Purchaser, the parties may either elect to (i) immediately pay the cost of such repairs with tal6ng or casualty proceeds, if any; (ii) place any @g or casualty proceeds received into escrow until the repairs have been completed to the satisfaction of both Seller and Purchaser, and a release of any and all mechanic's liens which may have attached due to such repairs has been delivered to either party. Section 13.Fntire A@-mpnt; intprpr-ptatinn; @vprnbility; Aftnrnf-ylq F@- - Cniintprpnrt; Mpmnr-Andii (a)TMS AG IS T.HE Eg= AG B SM= AND PURCHASERCONCERNING THE SALE OF THE PROPERTY AND SUPERSEDES ALL PRIOR AG S AND UNDERSTANDINGS, IEF ANY, WITH REGARD THERETO, SUBJECT MAT= HEREOF SHALL BE BINDING ON E=R PARTY UNLESS REDUCED TO WRIRING AND SIGNED BY THE PARTY TO BE BOUND. (b) The parties acknowledge that each party and its counsel have reviewed this Agreement, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. (c) In case any one or more of the provisions contained in this Agreement shall for any n be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. (d) Should either party employ an attorney or attorneys to enforce any of the provisions hereof, or to recover damages for the breach of this Agreement, the non-prevailing party in any @ judgment agrees to pay the other party all reasonable costs, charges and expenses including attomey's fees expended or incurred in connection therewith. AU references to attorneys' fees in this Agreement shall be deemed to include, without limitation, such amounts as may then be charged by attorneys in the employ of either party at rates not exceeding those that would be charged by outside attorneys for comparable services. (e) This Agreement may be executed in any number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall collectively constitute one agreement. (f) In no event shall this Agreement or any memorandum hereof be recorded in the public records of the county in which the Property is situated, and any such recordation or attempted recordation shall constitute a breach of this Agreement by the party responsible for such recordation or attempted recordation. (g) This Agreement shall not be considered as or construed to be an interest in or lien against the Property. (h) All documents, certificates, insurance policies and other items required under the provisions of this Agreement to be executed or delivered to Seller shall be satisfactory to Seller in form, scope and substance. PSA.@\13 AND NO MODEFICATTON F OR SUBSEQUENT AG RELATIVE TO THE (i) The provisions of this Agreement are for the sole benefit of Seller and Purchas and are not for the benefit of any third party. Purchaser shall be responsible for obtaining, at its expense and prior to Closing, all licenses, permits and authorizations necessary to operate the Property. Section 14. lairnighing nf Tnfnrmsktinn. The parties recognize and agree that Purchaser will have access to certain information with respect to the construction, operation, maintenance, ownership and management of the Property. In the event the transaction contemplated by this Agreement does not close for any reason, Purchaser shall (i) notwithstanding any other provision of @ Agreement to the contrary, remain solely liable for the payment of such costs and expenses and (ii) deliver to Seller copies of all reports and analyses conducted by Purchaser or furnished by Seller with respect to the Property. AR information referenced shall be made available on site at the Property, at the business office of Broker, at the business office of Seller, or as otherwise determined by Seller in its reasonable on. AR information furnished by Seller to Purchaser in accordance with this Section 14 or obtained by Purchaser in the course of its access shall be treated by Purchaser as confidential information. On or before the Effective Date, Purchaser shall execute a Confidentiality Agreement in the form attached F-xhihit "C-'. Purchaser shall defend, inde@ and hold Seller harmless from and against any liabilities, claims, demands or actions, including environmental risk, incident to, resulting from or in any way arising out of any entry by or on behalf of Purchaser onto the Property. Such indemnity shall survive Closing (or, notwithstanding any other provision of this Agreement to the contrary, the earlier termination hereof) and not be merged therein. Section 15. Alqtviid-Prinln C!=isal I;htdi@ Znn@ Ac!t. The Property is/may be situated in special studies zone as designated under the Alquist-Priolo Special Studies Zones Act, Califon@, Public Resources Code Sections 2621-2630, and the construction or development on the property of any structure for human occupancy may be subject to the findings of a geologic report prepared by a geologist registered in the State of California, unless such report is waived by the city or county under the terms of that Act. Section 16. This Agreement, until fully executed, is only an offer of the party first executing the same. IN WrrNESS WHEREOF, the parties have executed this Agreement to be effective as of the Effective Date. PURCI-IASER: SPI TLPR: rity nf Tem@.iil:i RMF-vf!lnlimt-.nt Agnnc Feiieml D=.@ Tn.-,iirnnrp- ro=ratina y- rnt-Tir-nn (nm Nntionn] Bank Patricia Birdsall, Chairperson APPROVED AS TO FORM: By: By: Name: RICHARDS, WATSON, & GERSHON Agency Counsel Title- AI I'EST: By: June S. Greek, City Clerk/Agency Secretary Date: Date: Tax I.D. No. 13-0705690 Tax I.D. No. II-(M2gR4 The undersigned hereby acknowledges receipt of a fully executed counterpart of this Agreement and joins in the making of this Agreement for purposes of agreeing to Section 8 hereof. Broker: By: Name: Title: Address: Telephone: FN @ @@ 1 5 Exhibit A - Legal Description Exhibit B - Preliminary Title Report A-Exhibit C - Confidentiality Agreement Exhibit D - Purchaser Eligibility Certification Survey Requirements Deed Bill of Sale Non-Foreign Affidavit Closing Affidavit Addendum - Preference for Purchasers for Homeless or Low-Income Housmg - Section 16 (Housing for the Homeless, excluding ABP) - Section 17 (Non-profit Organizations) XState Addendums XAddendum to Purchase and Sale Agreement (Income Producing Property) XTenant Notification Affidavit XTenant Notification Letter Rent RoU Affidavit Assignment and Assumption of -California Residential Addendum -Seller Financing Addendum -Loan Application -Real Estate Note -Deed of Trust (or Mortgage) -Compliance Agreement -Borrower's @an Affidavit -UCC-1 and Contracts -Assignment of Leases and Cash Collateral -Borrower's Counsel's Opinion Letter @lk -@IIA F- IT "A" PROPERTY DESCREMON 28485-28497 Pujol Street 28559-28565 Pujol Street Temecula, CA PSA.@dp\17 p rT I'@l" p ARY T= REPORT A (ATTACHF-D) 28485-28497 Pujol Street Temecula, CA TK@ EXHIBIT B'l ORDER NO. 5973176 REF'ERENCE NO. 28485 PUJAL ST. TEMECLTLA TTRLE OFNCER KE@S First Ameiican Title Insurance Company 200 E. Sandpointe, Suite 600, Santa Ana, Califomia 92707 (714) 546-2230 MARA ESCROW COMPANY 9401 WILSHIRE BLVD., SUITE 515 BEVERLY HILLS, CALIFORNIA 90212-2918 ATTN: MARC BROOKS PROPERTY ADDRESS: 28497 PUJOL STREET TEMECULA, CALIFORNIA IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF'NTLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT. LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANTTO THE PRINTED SCHEDULES, CONDI71ONS AND SNPULATIONS OF THE POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF THE POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS A-RE M]EANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LEENS, DEFECTS, AND ENCNORANCES AFFECTING TITLE TO THE LAND. DATED AS OF SEPTENMER 29, 1995 AT 7:30 A.M. ASSISTANT SECRETARY AND T'SG TITLE OFFICER (714)546-2230OR (800) 525-3633 FAX (714) 444-5768 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: AMERICAN LAND TITLE ASSOCIATION PLAIN LANGUAGE POLICY AND AMERICAN LAND TITLE ASSOCIATION LOAN POLICY. PAGE I ORDER NO. 5973176 REF'ERENCE NO. 28485 PUJAL ST. TEMECULA TffLE OMCER - KE@S TITLE TO THE ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR AMERICAN COMMERCE NATIONAL BANK. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND FXC@USIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1995-1996, A LIEN NOT YET DUE OR PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED SEPTEMBER 21, 1917 IN BOOK 470, PAGE 14 OF DEEDS, IN FAVOR OF:THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY. FOR:POLES, ANCHORS AND INCIDENTAL PURPOSES. OVER:CANNOT BE LOCATED FROM THE RECORDS. 4. THE EFFECT OF A RECORD OF SURVEY ON FILE IN BOOK 59, PAGE 47 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 5. AN@'PRIVATE EASEMENTS OR LESSER RIGHTS IN, TO, OR OVER THAT 40 FOOT STREETIPUBLIC EASEMENT ON THE SOUTHWESTERLY SIDE OF THE HEREIN DESCRIBED PROPERTY THAT WERE NOT AFFECTED BY THE PROCEEDINGS VACATING SAID STREET/PUBLIC EASEMENT AS THE SAME WAS VACATED BY INSTRUMENT RECORDED DECEMBER 8, 1926 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 6. THE EFFECT OF AN INSTRUMENT ENTITLED "RESOLUTION NO. 1482.3' RECORDED APRIL 21, 1986 AS INSTRUMENT NO. 90375 OF OFFICIAL RECORDS; REFERENCE BEING MADE TO THE RECORD THEREOF FOR FULL PARTICULARS. 7. THE EFFECT OF A CERTIFICATE OF PARCEL MERGER, RECORDED OCTOBER 10, 1986 AS INSTRUMENT NO. 253276 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PAGE 2 ORDER NO. 5973176 REF'ERENCE NO. 28485 PUJAL ST. TEMECULA TIME OMCER - KEARNS 8. AN EASEMENTFOR EITHER OR BOTH POLE LINES, CONDUITS OR UNDERGROUND FACILITIES AND INCIDENTALPURPOSES, AS SET FORTH IN AN INSTRUMENT RECORDED JANUARY 7,1987 AS INSTRUMENT NO.4375 OF OFFICIAL RECORDS. IN FAVOR OF:SOUTHERN CALIFORNIA EDISON COMPANY. OVER:THE SOUTHWESTERLY 8 FEET OF THE NORTHEASTERLY 130 FEET OF THE NORTHEASTERLY 20 FEET OF LOT 10, BLOCK 37, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 9. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED APRIL 7, 1987 AS INSTRUMENT NO. 95591 OFOFFICIAL RECORDS, IN FAVOR OF: COUNTY OF RIVERSIDE. FOR: ROAD, DRAINAGE, PUBLIC UTILITY AND INCIDENTAL PURPOSES. OVER: SAID EASEMENT IS DESCRIBED AS FOLLOWS: r THAT PORTION OF LOT 10 IN BLOCK 37 OF THE MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINES OF SIXTH STREET AND PUJOL STREET AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 74, PAGE 86 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 44' 30' 14" WEST, A DISTANCE OF 44.98 FEET ALONG THE CENTERLINE OF SIXTH STREET; THENCE SOUTH 45' 29'46" EAST, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 44' 30' 14" EAST, A DISTANCE OF 14.99 FEET; THENCE SOUTH 45' 31' 15" EAST, A DISTANCE OF 14.99 FEET; THENCE SOUTH 89' 29' 31" WEST, A DISTANCE OF 21.20 FEET TO THE TRUE POINT OF BEGINNING. 10. THE EFFECT OF AN INSTRUMENT ENTITLED 'RESOLUTION NO. 1482.4" RECORDED JANUARY 11, 1990 AS INSTRUMENT NO. 012864 OF OFFICIAL RECORDS; REFERENCE BEING MADE TO THE RECORD THEREOF FOR FULL PARTICULARS. I 1. THE EFFECT OF AN INSTRUMENT ENTITLED "RESOLUTION NO. 1482.5' RECORDED JUNE 9, 1992 AS INSTRUMENT NO. 208420 OF OFFICIAL RECORDS; REFERENCE BEING MADE TO THE RECORD THEREOF FOR FULL PARTICULARS. 12. RIGHTS OF PARTIES IN POSSESSION OF THE LAND BY REASON OF UNRECORDED LEASES, IF ANY. 13. PRIOR TO OUR ISSUANCE OF TITLE INSURANCE UNDER THIS ORDER NUMBER, WE WILL REQUIRE STATEMENTS OF IDENTITY FROM ALL PARTIES. PAGE 3 ORDER NO. 5973176 REFERENCE NO. 28485 PUJAL ST. TEMECULA TITLE OFF71CER - KEARNS DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF C CO OF ]]DE, Crff OF TEMECMA, AND IS DESCRIBED AS FOLLOWS: PARCELL: LOTS 7, 8, 9 AND 10 IN BLOCK 37, TOWN OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; TOGETHER WITH THE STREET ABUTTING SAID LOTS ON THE SOUTHWEST WHICH WAS VACATED BY RESOLUTION OF THE BOARD OF SUPERVISORS, A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER 8, 1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF"RIVERSIDE COUNTY, CALIFORNIA, AND WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF SAID LOTS, AND BEING MORE PARTICULARLY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 7 AS SHOWN ON SAID MAP; THENCE, NORTH 450 31'21 " WEST A DISTANCE OF 192.00 FEET ALONG THE SOUTHWESTERLY LINE OF THAT LAND VACATED DECEMBER 8, 1936 ON FILE IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 44' 30' 14' EAST A DISTANCE OF 194.88 FEET; THENCE NORTH 890 29' 31" EAST A DISTANCE OF 21.20 FEET; THENCE SOUTH 45' 31' 15' EAST A DISTANCE OF 176.99 FEET; THENCE SOUTH 44' 29'54" WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 7 A DISTANCE OF 209.86 FEET TO THE POINT OF BEGINNING. PARCEL 2: LOT 6 IN BLOCK 37, TOWN OF TEMECULA AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, TOGETHER WITH THE STREET ABUTTING SAID LOT ON THE SOUTHWEST WHICH WA8 VACATED BY RESOLUTION OF THE BOARD OF SUPERVISORS, A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER 8, 1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF SAID LOTS. PAGE 4 ORDER NO. 5973176 REF'ERENCE NO. 28485 PUJAL ST. TEMEECULA TITLE OFTICER - KEARNS WARNING "THE MAP ATTACHED HERETO NLAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. AMIERICAN EXPRESSLY DISCLAMIS ANY L;"ILM FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS NIAP". NP PLATS (CC&R'S, IF ANY) ENCLOSED. NOTE I i ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE PROPERTY IN THIS REPORT WITHIN A PERIOD OF SIX MONTHS PRIOR TO THE DATE OF THIS REPORT, EXCEPT AS FOLLOWS: NONE. NOTE PREMIUM CHARGED FOR TITLE POLICY WILL BE SHORT TERM. PAGE 5 ORDER NO. 5973176 REF'ERENCE NO. 28485 PUJAL ST. TEM:ECULA MIE OFTICER - KEARNS NOTE 3:- @WIRING INSTRUCTIONS FOR SUB-ESCROW DEPOSITS ARE AS FOLLOWS: FIRST INTERSTATE BANK ACCOUNT #180721037 1018 NORTH MAIN STREET ABA #122000218 SANTA ANA, CALIFORNIA 92701 CREDIT TO FIRST AMERICAN TITLE INSURANCE CO. ATTENTION: DANIEL KEARNS DISREGARD EF F7ERST AMEERICAN IS YOUR ESCROW SETTLEMENT AGENT CONTACT ESCROW OFFICER FOR G INSTRUCTIONS PAGE 6 ORDER NO. 5973176 REFERENCE NO. 28485 PUJAL ST. TEMECULA TffLE OMCER - KEARNS NOTICE SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE. EFFECTIVE JANUARY 1. 1990, REQUIRES THAT ANY TITLE INSURANCE COMPANY. UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN ESCROW ORSUB-ESCROW CAPACITY, WAIT A SPECIFIED NUMBEROF DAYS AFTER DEPOSITING FUNDS. BEFORE RECORDING ANY DOCUMENTS IN CONNEC11ON WITH THE TPANSACNON OR DISBURSING FUNDS. THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OFCASHIER'SCHECKSORCER71FIEDCHECKS,FUNDSMAYBEDISBURSEDTHENEXTDAYAFrERDEPOSIT. INORDER TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN DAYS. OR MORE, PLEASE USE WIRE TRANSFER, CASHIER's CHECKS, OR CERTIFIED CHECKS WHENEVER POSSIBLE. IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN OFFICE FOR MORE DETAILS. .............. NOTICE IN ACCORDANCE WITH SECTIONS 18805 AND 26131 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNTEQUALTO THREE ANDONE-THIRDPERCENTOF THESALES PRICE IN THECASE OF THE DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: I . A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR 2. A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA. THE BUYER MAY BECOME SUBJECTTO PENALTY FOR FAILURETO WITHHOLD AN AMOUNT EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS (S500)@ HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: I . THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDREDTHOUSAND DOLLARS (S]00,000),OR 2. THE SELLER EXECUTES A WRITTEN CERNF]CATE, UNDER THE PENALTY OF PERJURY, CERTIFYINGTHATTHESELLER IS A RESIDENTOFCALLFOFLNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR 3 THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERIIFICATE, UNDER THE PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER's PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE). THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. THE CALIFORNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS. THE PARTIES TO THIS TRANSACTION SHOULD SEEK AN ATTORNEY'S, ACCOUNTANT'S, OR OTHER TAX SPECIALIST'S OPINION CONCERNINGTHE EFFECT OFTHIS LAW ON THIS TRANSACTION ANDSHOULDNOT ACT ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. PAGE7 Al 11' If'O#t lip ri Joe r. r lb 13 16 -FH ff,zf,""e rs w5 Ct) lie ri or '7 RXHMTT"@?" -1 PREL@ARY =E REPORT (A-fTACHED) 28559-28565 Pujol Street Temecula, CA EXHIBIT B-2 CONTINENTAL LAWYERS TITLE COMPANY A Wholly @@ibsi of Lawyers Title Insurance Corporation 1845 Bus@s Center @ve, Suite 200 San CA 92408 Tel (909) 381-2399 UPDATE MARA 9401 WILSH BLVD. #515 BEVERLY HILLS, CA 90212 /Ref. 28559 & 28565 Pujol St. Attn: MARC BROOKS Order 03-345465 -23 Dated as of September 26, 1995 at 7:30 a.m. p IN RESPODZE TO THE ABOVE @EREN= APPLICATION FOR A POLICF OF TITLE OCNTINENTAL LAWYERS TITLE COMPANY HEREBY REPORTS THAT is is pREpAREDTO ISSUE, OR CAUSE TO BE AS OF THE DATE F, A TITLE CORPORATION POLICY OR POLICIES OF TITLE D 1% THE LAM AND THE ESTATE OR INTEREST TH=IN SET AGAINST @ WHICH MAY BE aST BY REASON OF ANY DEFECR, OR NOT sHowN OR REFERRED To AS AN EXCEF'RION IN SCHEDULE B OR NCYR EXCL7JDED COVERAGE To THE , @ITIONS AND STI TIONS OF @ Fo@. THE PRD= EXCEPRIONS AND EXCUISIONS FRa4 THE OF SAID POLICY OR POLICIES ARE SET FORRH IN THE ATTACHED COPIES OF THE POLICY FO@ SHOULD BE RFAD. THEY ARE AVAILABLE THE OFFICE WHICH I THIS REPORT. PLEASE READ THE ONS OR TO IN B OF REPORT AND THE ONS AND E=MIONS SEr IN THE COVER a= A TO = REPORT CAREFLJLLY. THE RICNS AND EXCUJSIONS ARE TO E MH NOTICE OF MATTE3RS WHICH ARE NOT COVERED UNDER THE TERMS OF TliE Tr= POLICY AND BE Y CONSIDERED. IT IS To NOTE THIS REPORT IS NOT A TICN AS TO @ COND=CN OF TITLE AND MAY NCYR LIST ALL D AND AFF=ING TITLE TO THE LAND. THIS @RT, (AND ANY SUPP OR IS SOLELY FOR THE PURPOSE OF FACILITATRZ THE ISSUANCE OF A POLICY OF TITLE AND NO LIABILITY IS . IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE I OF A POLICY' OF TITLE A B=ER CR SH= BE TED. THE OF POLICY' OF TITLE TED By THIS IS: 1. California TAnd Title ticn Standard Covexage I - 1990 (X) 2. AmF--rican Ta@ Title atiori Loan Po@ (10-17-92) 3. American T-g@ Title Association Residential Title Policy (6-1-87) 4-American Land Title Association Owner's Policy (10-17-92) Title Officer, @G B. Order No.: 03-345465 -23 SCHEDLJLE A estate or interest :Ln the I;;Ivi ter or ref to by this is: A FEE Title to said estate or interest at the date f is in: FEDERAL DEPOSIT I cc)RpoRATION as Reoeiver of AMERICAN NATIONAL , a Natiorial ASSOC'at'On land referred tc) in this is described as follows: BE@ A PORTION OF LOT 1 OF BL= 37 AND ALL OF LOT 10 OF BE= 36, TOWN OF WITH VACATED sTf= AB=ING SAID I=, AS SHCWN BY MAP ON FILE IN BooK 15 PAGE 726 OF @, RECC)IMS OF SAN DIEGO CALIFO BEING DCRE PARTI Y DESCRIBED AS M BEGINNI@ AT THE NORTHEASTERLY CC) OF SAID LOr 10; Y AJ-0@ THE TERLY I= OF SAID LOT 10, SWM 44 DEGREES 311 09" WEST 209.85 F= TO THE Y T,TNF OF SAID @ OF No y SATD Y LINE N=H 45 DEM= 291 42" WEST 147.98 F= To THE INTERSECRION OF THE SAID SOUTHWESTERLY WITH A = THAT IS PARALLEL WITH AN EIGHT F= NORTHWESTERLY OF SAID LOr 1; Nc) YALO@ sAiD LINE No= 44 DM= 31' 09" EAST 209.84 F= TO THE No Y LINE OF SAID LOT 1; THENCE, SOURH 45 D 30' 01" EAST 147.98 F= TO THE POINT OF BEGINNING. OF THE TOW OF Y OF THE Order No.: '03-3,d5465 -23 A-1 IMPORTANT INIFORMATION GC)OD IATICN CALIFORNIA ODDE SECRION 12413.1 wHicH wAS ENA= ErY CHAPTER 598 OF THE OF 1989 (A.B.512) EF=IVE 1, 1990, REGAATES THE DISBURS OF E3Y TITLE @ANIES. ved by this Company via transfer may be disbursed upon receipt. ved by @s via er's check or teller's check may be disbursed on the next business day after the day of deposit. If escrow funds are disbursed to this Company other than by wixe transfer or cashier's or teller's t and/or clos@ may be delayed. Questions deposit and di t of escrow and funds and reco s should be to your title or escrow officer. WIRT-NG ICNS: Valley Bank, A13A No.: 122234149 818 North Mountain, Upland, CA 91785 For: Cc)n @ Lawyers Title Ccnpany t No.: 234-138324 Ref. Order No.: 03-345465 -23 PAYOFF REQUIREMENTS: All payoff figures are verified at closing. If the custcmer's last payment was made within 15 days of closing, our Payoff Department may hold one month's permit to check has cleared the bank (unless a of the cancelled is provided an which case there will be no hold). Please be advised that the y will require that the beneficiary or beneficiaries sign an estimated closing cost statement any time we are p ted for payoff a net proceeds demand or a demand -in wh-lch the beneficiary or beneficiaries are accepting for payoff less than the total @unt owed. PLEP,SE REFER TO THE FO AND SECRION" MR ANY FMTION M THIS CN: NOTES AND REQUIREMENTS charge for a policy of title insurance, when issued order, will be based on the -term rate. this title Order No.: 03-345465 -23 NMM AND (continued) 2.Ncne of the i@ sham in this repc)rt will cause attach CLTA endorsement Form 100 to an ALTA loan policy, when i-@ied. There i-s located on said land a Multiple Residence as 28559 and 28565 Pujol Street, :in the City of Temecula, County of Riverside, State of California. The only affecting said land which recorded within six (6) month of the date of this report, are as follows: 0 Grantor:R.E.F.S. @. dba REAL ESTATE SERVICES, a California Corporation tee: FEDEPAL DEPOSIT CORPORATION as Reoc---iver of CAN NATIONAL BANK, a National- Banking Association Recorded: May 4, 1994 as Instrunent No. 185720 of Official Records 3.Property @udix)g g and special taxes, personal p taxes, if any, and any ts col-1 w3-th taxes, for the fi@l year 1994-1995 are PAID. For proration purposes the amounts ls-t t: $1,273.54 2nd Instal@t: $1,273.54 Exemption: NC)NE TRA: 013013 Asses t No.: 922-054-019-4 4.Property @es, including general and special taxes, personal property taxes, if anv, and any asses ts collected with taxes, for the fi-@l year 1994-1995 are PAID. For proration the amomts are: lst Installment: $3,246.69 2nd @t: $3,246.69 tion: NONE TRA: 013013 Asses t No-: 922-054-018-3 to @ine to Order No.: 03-345465 B F ==CM To COVERAGE IN AMITION TO THE PRINTED EXCEPIRIONS AT THE-I)ATE AND ExcLusicNs IN THE PoLicy FoRmDESIGNATED CN THE FACE PAGE OF I= REPORT WOUID BE AS FO 1. Property taxes, and property taxes, -i f any, and any as ts col-1 with taxes, to be leveed for the f year.1995-1996, which are a lien not yet payable. 2.Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxati-on Code of the State of @fo=a. 3- An t for the purpose below and rights dental thereto as set forth in a document Granted to: Southern @fo=a Company, a corporation Purpose:underground PI ical supply and cation systems rded:August 30, 1990 as t No. 324214 of official Records Affects: a strip of land 10 feet in width lying within Lot 10 of Block 36 of the p of Temecu-1a, the ly line of said stra-p des=bed as follows: on the Southeasterly of said Lot 10, adjacent to Pujol Street, 60 feet wide, as now established; thence North 45' 30' 01" Wes, along the South ly @ of Pujol Street a distance of 16 feet @d t p des that no buil@ or shall be placed or main on said easement. END OF SCHEDULE B jmh typed: 05/12/94 plat/maps & ccr's enclosed jmh update 1-23-95 jmh update 10-2-95 rh 4 N la -c ts Si ir SL Z'i F-Xlmrr - r roN-FmF.NnAT-rry @rRFFmFN-r (Property Sales) TMSCONFID AG ('AG is made this day of , 1996, by and between the Federal Deposit Insurance Corporation, in the capacity set forth on the signature page hereof ('FDIC"), AND City of Temecula Redevelopment Agency('Buyer'). WHEREAS, FDIC has offered for sale certain real property (the 'Property") more particularly described in Exhibit A attached hereto and incorporated herein; S, Buyer has expressed an in in purchasing the Property and has requested that FDIC provide Buyer with certain documents relating to the Property (the 'Documents') for review. The Documents are specifically identified in Exhibit JL attached hereto and incorporated herein; and AS, FDIC has determined that the Documents may contain confidential information but has agreed to make the Documents available to Buyer on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the promises and mutual covenants set forth below, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FDIC and Buyer enter into this agreement: Section 1. Term. This Agreement shall become effective as of the date first written abo-, and shall ten=ate as to each Property upon consummation of the sale of such Property by FDI to Buyer. Section 2. T-imitition nn ll%e. Buyer shall use the Documents and the information contained therein solely for the purpose of evaluating the suitability of the Property for purchase, and for no other purpose. Section 3. Without the prior, written consent of FDIC, to be granted or withheld in its sole discretion, Buyer shall not disseminate or divulge to any person or entity, other than as set forth below, the Documents or any information contained therein. Buyer shall limit access to the Documents, and any information contained therein, to such persons who have a need to know the information contained in the Documents for the purpose of advising Buyer on the suitability of the Property for purchase. Without the prior written consent of FDIC, Buver shall not, directly or indirectly, contact, seek or attempt to seek any information from, any person other than FDIC regarding the Documents. Section 4. Confirlt-ntinlity- Renirn of T)@ilment-@. Buyer agrees that Buyer shall ensure that all persons to whom it discloses the Documents and the information contained therein shall keep the Documents and any information contained therein confidential. In the event Buyer do-es not purchase the Property, it shall destroy all copies of the Documents unless otherwise directed by FDIC. Section 5. Other tii-rln-urc. To the extent that Buyer is required to disclose the Documents or any information contained therein pursuant to the requirements of any legal proceeding, Buyer shall notify FDIC within one business day of its knowledge of such legally required disclosure. Notice shall be both by telephone, and in writing. Section 6. T.inbility. If FDIC determines that Buyer has breached any provision of this Agreement, FDIC may, in its sole discretion, exercise any or all legal or equi@le rights or PSA'@dp\20 R-. 2117194 remedies to which FDIC is entitled on account of Buyer's breach. FDIC shall not be deemed to have waived any of its rights or remedies on account of its fabure, delay or forbearance in exercising any such right or remedy in a particular instance. Section 7.Buyer ka defend, inde@ and hold harmless FDIC from and against any and all claims, demands, causes of action, losses, damages, liabilities, judgments, costs and (mcluding attorneys' fees) asserted against or incurred by FDIC as a result of any violation of, or failure to comply with, the provisions of this Agreement by Buyer or any person to whom it has disclosecrthe Documents or the information contained therein. Section 8. Rt-l@@ nf FDIC. Buyer acknowledges and understands that the Documents may have been prepared by parties other than FDIC, and further acknowledges and understands that FDIC makes no representation or warranty whatsoever, express or implied, with t to the content, completeness or accuracy of the Documents. Buyer hereby releases FDIC from all claims, demands, causes of action, losses, damages, liabilities, cost or expenses (including attorneys' fees) asserted against or incurred by Buyer by reason of Buyer's reliance on or knowledge of the Documents or any information contained therein or by any other n. Section 9. . @ Agreement represents the entire agreement between Buyer and FDIC relating to the receipt, use and disclosure of the Documents and any information contained therein, and may be amended only by written agreement of the parties hereto. This Agreement shall apply to and be binding upon Buyer and its directors, officers, employees, agents, successors and assigns. 'ne representative(s) signing this Agreement on behalf of Buyer represents that he or she is fully authorized to enter into the terms and conditions of this Agreement and to bind legally Buyer. 'ne construction, interpretation and performance of this Agreement shall be governed by the laws of the United States of America, and to the extent that state law would apply under applicable federal law, the laws of the state where the Property is located without regard to conflicts of law principles thereof. Section 10. . Buyer agrees that any documents generated by Buyer with regard to the real property described in Exhibit A shall be forwarded by Buyer to the FDIC, and shall be retained by the FDIC, in the event that Buyer does not complete a purchase of the subject property from the FDIC. Buyer also agrees that all provisions of this Confidentiality Agreement shall apply to such documents generated by Buyer. EXECUTED this - day of 19-. FDIC: Federal Deposit Insurance BUYER: City of Temecula Redevelopment Corporation Agency (X) as receiver of By: in its corporate capacity Patricia Birdsall, Chairperson APPROVED AS TO FORM: By- ni Rank RICHARDS, WATSON, & GERSHON Agency Counsel By: ATMT: Print Name Title June S. Greek, City Clerk/Agency Secretary P. 0. Box 9033 Temecula, CA 92589-9033 PSA 'wdpk2l @. 21171% FXHIRIT - D PURCHASER ELIGIBILITY CERTIFICATION THIS CERTIFICATION is made to the Federal Deposit Insurance Corporation in the capacity set forth in Fxh'hot A (the "Seller') in connection with the proposed purchase of certain assets, as identified in Fxhoh*t A, from Seller (the 'Transaction'), by the undersigned ('Potential Purchaser'). Potential Purchaser certifies as follows: 1. Potential Purchaser is not an employee, or a Family Member (as defined herein) of an employee, of the Federal Deposit Insurance Corporation (the 'FDIC') or the Resolution Trust Corporation ('RTC'). "Family Member" of a person shall mean that person's spouse or dependent child or any member of that person's immediate household. 2. Neither Potential Purchaser nor any Associated Person (as defined herein) is a person prohibited from purchasing assets under 1 2 U.S.C. Section 1821 (p), a copy of which is attached hereto as Fxh*hit R. 'Associated Person' shall mead (i), any director of Potential Purchaser, if a corporation, (ii) any general partner of Potential Purchaser, if a partnership, (iii) any beneficial owner of a 25% or greater equity interest in Potential Purchaser, if a corporation, partnership or other entity, or (iv) any Family Member of Potential Purchaser. 3. Neither Potential Purchaser nor any Associated Person is an Obligor (as defined herein) whose Obligation (as defined herein) owed to the FDIC is not performing in accordance with the terms thereof, including any modifications thereto. 'Obligor' shF"' mean any individual, corporation or other entity that has or had, as the case may be, Obligation. 'Obligation' shall mean an obligation to pay money to the FDIC, that currently owing to, and held by, the FDIC, including, without limitation, an unsatisfied final judgment and any obligation that may have been discharged by a court in bankruptcy without the agreement of the FDIC. 4.If Seller is offering financing and if Potential Purchaser seeks financing from Seller inconnection with this Transaction, neither Potential Purchaser nor any Associated Person isan Obligor whose obligation to the FDIC has been released, in whole or in part, in connection with an agreement involving the forgiveness of indebtedness. 5. Neither Potential Purchaser nor any Associated Person is (i) a Contractor (as defined herein) engaged by the FDIC to service, manage, lease, value or establish a sales price for any asset or group of assets which is the subject of the Transaction, or (ii) an Affiliated Business Entity (as defined in Fxhih't C) of such Contractor. Neither Potential Purchaser nor any Associated Person is being assisted by such Contractor or an Affiliated Business entity of such Contractor in connection with the Transaction. For purposes of this Certification, including Fxhihit r, a 'Contractor' shall mean any entity, including any subcontractor, which has entered into an enforceable, bilateral written agreement for the provision of property or services to or for the FDIC, or which is providing property or services in accordance with a unilateral written agreement such as a purchase order. 6. If Potential Purchaser or any associated Person is a former director or officer of a failed insured depository institution, the FDIC does not have any outstanding judgment or restitution order with which such Potential Purchaser or Associated Person is not in compliance. 7. (a) Potential Purchaser is not purchasing the assets in this Transaction behalf of, or for resale or transfer to, to a person or entity which it believes or has reason to believe would, if purchasing the assets directly, be unable to make the certifications set forth in paragraphs 1 through 6 above. P&A..*M R@. 21171% (b) Potential Purchaser is not purchasing the assets in this Transaction in a manner designed principally to circumvent the restrictions imposed by the certifications made herein. The undersigned, if an individual, or the person signing on behalf of the undersigned, if other than an individual, hereby affirms that (i) the foregoing is true and correct to the best of the undersigned's knowledge and belief after reasonable investigation, (ii) the undersigned understands and acknowledges that the foregoing Certification and the truthfulness of the declarations made therein are a material inducement to Seller to enter into the Transaction, and (iii) the undersigned has authorization to bind Potential Purchaser. IN WITNESS WHEREOF, the undersigned has executed this Certification as of the date set forth below. POTENTIAL PURCHASER City of Temecula Redevelopment Agency Date By: Patricia BirdsaU, Chairperson APPROVED AS TO FORM: By- RICHARDS, WATSON, & GERSHON Agency Counsel A=T: June S. Greek, City Clerk/Agency Secretary Now@ Concwrwig Legal Action Any -WfWy @es fai" w f,.WW*nt atate-nts a, in tNe Comfc@ -0 b. mfo@ to Uw @ ot in-am~ kgal *nfomement. wW may be sub@ to fma @o, U.S-C. I I 1001, 1007 ..d 10141. G.-,.i wi- th. @@t. I.- OM6.1. fw PSA.wdpW Rm. 2117194 (SAMPLE FORMAT TO BE COMPLETED BY FDIC AS APPROPRIATE FOR EACH SALE) EXHIBIT A TO PURCHASER ELIGIBILITY CERTIFICATION BY: DATE:/ 1.For Sales of Individual Loans or real Property Identification of Asset: A.lfiL-ntofie--at4nn nf Asset 4li7g-nn47q7441 anel 4-1;7AXM4@4F;-171 (Loan or ORE Identification Number] B.rapari@ Federal Deposit Insurance Corporation [check one) XI in its capacity as receiver of I in its corporate capacity in liquidation of I in its capacity as manager of the FSLIC Resolution Fund as receiver of Ampreran (-'nmmprrp Nat@nnal Rank 49;7Fi [Name of Institution) FIN [ I other [describe below] 2.For Sales of Loan or ORE Packages: A.itipnt@forqt4nn nf Aqnpt (Loan or ORE Package Number] B.Capacity List Of Institutions For Which FDIC Is Acting As Receiver: EIN Namp of InztFttifi= FDIC is Acting As The Manager And/Or Agent Of The FSLIC Resolution Fund As Receiver Of: Other: [describe below] Except As Set Forth Above, FDIC Is Acting In Its Corporate Capacity In Liquidation Of All Banks the Assets of Which Are Involved In This Sale. PSA.wdpU4 R.-. 21171% EXHIBIT B TO PuRgHASER ELIGIBILITY CERTIFICATION B,. Dated: T@ of 12 U.S.C. 1821 (p) Certain convicted debtors prohibited from purchasing assets. (1)Convicted debtors Except as provided in paragraph (2), any individual who- (A) has been convicted of an offense under section 215,656,657,1005, 1006,1007,1008,1014,1032,1341,1343, or 1344 of Title 18 or of conspiring to commit such an offense, affecting any insured depository institution for which any conservator or receiver has been appointed; and (B) is in default on any loan or other extension of credit from Stich insured depository institution which, if not paid, will cause substantial loss to the institution, any deposit insurance fund, the Corporation, the FSLIC Resolution Fund, or the Resolution Trust Corporation, may not purchase any asset of such institution from the conservator or receiver. (2)Settlement of claims Paragraph (1) shall not apply to the sale or transfer by the Corporation of any asset of any insured depository institution to any individual if the sale or transfer of the asset resolves or settles, or is part of the resolution or settlement, of- (A)1 or more claims that have been, or could have been asserted by the Corporation against the individual; or (B)obligations owed by the individual to any insured depository institution, the FSLIC Resolution Fund, the Resolution Trust Corporation, or the Corporation. PSA.wdpk25 Rm. 2117194 EXHIBIT C TO PURCHASER ELIGIBILITY CERTIFICATION By Dated Affiliate Business Entity' means a business organization fe.g., a corporation, partnership, individual, etc.) that is under the Control of the Competing Vendor, the Offeror or the Contractor, is in Control of the Competing Vendor, the Offeror or the Contractor, or is under common Control with the Competing Vendor, the Offeror or the Contractor. For purposes of this definition, a general partner of a limited partnership is presumed to be in Control of that partnership. A subfranchiser shall not be considered an Affiliated Business Entity of its master franchiser if the subfranchiser is independently owned and operated. In determining whether concerns are independently owned and operated and whether or not they are Affiliated Business Entities, consideration is given to all appropriate factors, including common ownership, common management and contractual relationships. 'Competing Vendor' means: (a)with respect to a new procurement (including any procurement using procedures other than competitive procedures) of property or services, any entity legally capable of entering into a contract or subcontract in its own name that is, or is reasonably likely to become, a competitor for or recipient of a contract of subcontract under such procurement, and includes any other person acting on behalf of an entity. lb)in the case of a contract modification, the term 'Competing Vendor' includes the incumbent Contractor. (c)when used in the context of events occurring after submission of proposals in response to a RFP las defined herein), the term 'Competing Vendor' includes Offerors. 'Control' means the power to vote, directly or indirectly, 25 percent or more of any class of the votir stock of a business organization, the ability to control in any manner the election of a majority of a busine organization's director or trustees, or the ability to exercise a controlling influence other the management an(, policies of a business organization. For purposes of this provision, as well as for purposes of any associated RFP and Offeror certifications, any entity or individual shall be presumed to have Control of a company or organization if the entity or individual directly or indirectly, or acting in concert with one or more entities or individuals, or through one or more subsidiaries, owns or controls 25 percent or more of its equity, or otherwise controls or has power to control its management or policies. 'Offeror' means a Competing Vendor who submits a proposal in response to an RFP. In the case of a contract modification, the word 'Offeror' can include the incumbent Contractor. 'RFP' means a written summary of work to be performed in accordance with the terms of a proposed cc,.-itract. Offerors base the proposed cost of their services on the RFP requirements and their evaluation of the impact that providing those services would have on their firms. PSA.-dpk26 R-. 2.'17f94 ADDENDUM TO PURCHASE AND SALE AGREEMENT (INCOME PRODUCING PROPE@) Aflfipntli-m rnvpms. This Addendum (this 'ArfriprAtim') is attached to that certain Purchase and Sale Agreement between Ft-tiF-rs%l r)#,pn-tit Insurance rnrpnrat*nn aq Rf-ri-avor fnr Ams-r'r--an Cnmmo-rr,- ('Seller') and City of Temecula Redevelopment Agency('Purchaser'), covering that certain property referred to in Section 1. thereof lthe 'Artrppmf-nt'), and incorporated therein for all purposes. If any provision of this Addendum is inconsistent or conflicts with any provision of the Agreement, then this Addendum shall govern. Terms used but not defined herein shall have the meaning ascribed to them in the Agreement. 2.Section 6(b)(1) of Part 11 is amended to add new sections 6(b)(1)(v) and 6ib)(1)(vi): (v) A Bill of Sale, and an Assignment and Assumption of Leases and Contracts (the 'A.Zqmnnmf-nt ar-i Ag-@,mpalnn'), to the extent assignable, (a) assigning all of Seller's interest in and under all tenant leases (the 'I t-a-cpq-) in force on the Closing Date in respect of the Property, together with all rentals and other payments arising therefrom on and after the Closing Date, and lb) transferring to Purchaser Seller's interest in and under all contract agreements (the ".;Prv*rp rnntrar-is') in force on the Closing Date in respect of the operation, maintenance and use of the Property, together with all rights and obligations arising therefrom on and after the Closing Date. (vi) ff applicable, Seller shall execute a rent roll affidavit (the 'Rpnt Rnli Afforiavit') setting forth that, to the @ of its knowledge and belief, the rent roll attached thereto is a tnie, correct and complete listing of the Leases, including the premises covered thereby, the date to which rent has been paid, the name of the tenant, the rental and other charges payable thereunder, and the amount of each security deposit, if any, received by Seller from each tenant. 3.Section 6(b)(2) of Part 11 is amended to add the following new section 6(b)(2)(i) and (ii): (i) The Assignment and Assumption executed by Purchaser and assuming all of Seller's rights and obligations under the assigned Leases and the Service Contracts. (ii) If applicable, Purchaser shall distribute a tenant notification letter to each tenant of the Property individually (the 'Tpnant Nnt@firatinn I PttF--r'), and Purchaser shall, within forty-eight (48) hours following the Closing, cause the Tenant Notification Letter to be (a) with respect to tenants from whom Seller did not receive a security deposit, as set forth in the Rent Roll Affidavit required by Section 6(b)(1)(vi), hand delivered to each tenant or affixed to each tenant's main or front door, and lb) with respect to tenants from whom Seller did receive a security deposit, as set forth in the Rent Roll Affidavit, deposited in the United States mail, addressed to each such tenant, postage prepaid and certified with return receipt requested. Each Tenant Notification Letter required by section lb) herein shall acknowledge that Purchaser has received and is responsible for such tenant's security deposit and specify the exact dollar amount thereof. Within forty-eight (48) hours thereafter, Purchaser shall provide a copy of each such Tenant Notification Letter, together with an affidavit referencing same in form satisfactory to Seller, stating that Purchaser has delivered such letters to each tenant of the Property in accordance with this Agreement and in accordance with this Agreement. The provisions of this Section 6(b)(2)(ii) shall survive Closing and shall not be merged therein. 4. Section 6(c) is amended to add the following language: All deposits shall be retained by Seller and credited against the Purchase Price. No prorations shall be made in relation to rents not collected as of the Closing Date, but Purchaser shall make a good faith attempt to collect the same for Seller's benefit after Closing and such collections, if any, shall be remitted to Seiler promptly upon receipt by Purchaser. The provisions of this Section shall survive Closing. There are, and were, no verbal representations, warranties, understandings, stipulations, agreements or promises pertaining to the Property that are not incorporated in writing in this Agreement. If there is a conflict between the other terms of the Agreement and this Addendum, the terms of this Addendum shall control. ?SA..dpa7 R.Y. 7117/94 F,wthAr Apprn"c- This Agreement shall not be binding upon Seller until an original executed by and also executed by Purchaser is delivered to Seller. Purchaser: Seller: City of Temecula Redevelopment Agency Federal Deposit Insurance Corporation as Receiver for American Commerce National Bank By: By: Patricia Birdsall, Chairperson APPROVED AS TO FORM: Name: By- RICHARDS, WATSON, & GERSHON Title: Agency Counsel ATTEST: By: June S. Greek, City Clerk/Agency Secretary Date: Date: MA..dp\28 R". 2117/94 ADDENDUM - CAUFORNIA qt:%tf, nr Lncal I awq anel r)otrlnu,rptt Ro-garti This California Addendum (this 'Addendum') is a part of the Agreement to which it is attached and reference to Section numbers are amending those respective sections of the Agreement except as noted. In the event of any conflict between the terms of this Addendum and the Agreement, the terms of this Addendum shall prevail. IAlquist-Priolo Special Studies Zones Act The Property i:Vn-tay be situated in a special studies zone as designated under the Alquist-Priolo Special Studies Zones Act, California Public Resources Code Section 2621-2630, and the construction or development on the property of any structure for human occupancy may be subject to the findings of a geologic report prepared by a geologist registered in the State of California, unless such report is waived by the city or county under the terms of that Act. 2.Part 11, Section 5 of the Agreement - Rpprptpntatinn-z antl Warrantip-z- r)'qrlawmpr- W;kivf-r nf riaorns: is revised to include the following new Sections 5id) and (e): (d)For the purposes of this Agreement, hazardous materials shall mean 'Any substance, product, waste or other material of any nature whatsoever which (i) is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601, . ('CERCLA'); the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, Pt -zpq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 Pt epq. ('RCRA'); the Toxic Substances Control Act, 15 U.S.C. Section 2601 Pt -zpq.; the Clear Water Act, 33 U.S.C. Section 1251 .; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 Pt -zpq.; the California Hazardous Substance Account Act, Health and Safety Code Section 25249.5 --t ep-q.; California Health and Safety Code Section 25280 at npq.; (Underground Storage of Hazardous Substances; the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 at =.; California Health and Safety Code Section 2550 f-t -pq.; (Hazardous Materials Release Response Plans and Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code Section 13000 F-t -q. all as amended, or any other federal, state or local statute, law, ordinance, resolution, code, rule, regulations, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now in effect, iii) petroleum or crude oil other than petroleum products which are contained within regularly operated motor vehicles, and (iii) asbestos.' (elThe release contained in this Part 11, Section 5 is intended as a full and complete release and discharge of any and all claims between the parties with respect to any construction defects, errors, omissions, the presence of Environmentally Hazardous Materials, or any other conditions affecting the Property, whether the same or any circumstances pertaining thereto, are now known or unknown to the parties or anyone else, or have already appeared or developed or may now be latent, or may in the future appear or develop or become known to the parties or to anyone else, and all rights under Section 1 542 of the Civil Code of the State of California are hereby expressly waived. The undersigned understands that said Section 1 542 of the Civil Code provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 3.Part 11, Section 6 - ring4ng: Sections 6(b)(4) and (5) of the Agreement are revised to include the following Subsections (4) and J5): (4)Seller's certification to the effect that it is not subject to withholding under California Revenue and Taxation Code Section 18805fd). (5)Seller's and Purchaser's written escrow instructions to Close in accordance with the terms of this Agreement. 4.Part 11, Section 6 - r'inqtng: Section 6 is further revised to include new Subsection (g) as follows: (g)The Closing Agent shall Close on or before the Closing Date (i) when and if it has received all of the items to be deposited by Seller and Purchaser, and (ii) it is prepared to issue Purchaser's Title Policy in the condition required pursuant to the terms of this Agreement. The Closing Agent shall Close pursuant to Seller's closing instructions letter, which includes instructions to close by: (a) Recording the Deed and if the Seller is providing financing, the following: MA..dp\29 R@. 2117194 (I)Deed of Trust; fii)Assignment of Leases and Cash Collateral; and (iii)UCC-1 Financing Statements; (b)Issuing the Title Policy to Purchaser and if Seller is providing financing, issuing the ALTA Lender's Policy to Seller; (c)Delivering to Seller the Seller's Funds after deducting Sailer's share of closing costs and adjusting for prorations; (d)Delivering to Purchaser, Seller's certification that it is not a 'foreign person', if available; (a)Delivering to Purchaser the items deposited into Escrow by Seller for Delivery to Purchaser; and (f) Delivering to Seller the items deposited into Escrow by Purchaser for delivery to Seller. 5. Part 111, Section 1 1 - Rpmpeli,--z: Section 1 1 of the Agreement is replaced in its entirety a s follows: (A)IF PURCHASER REFUSES OR FAILS TO CONSUMMATE THE PURCHASE OF THE PROPERTY PURSUANT TO THIS AGREEMENT FOR ANY REASON OTHER THAN BREACH BY SELLER OF ITS AGREEMENTS HEREUNDER, THEN SELLER, AS ITS SOLE AND EXCLUSIVE REMEDY, SHALL HAVE THE RIGHT TO TERMINATE THIS AGREEMENT BY GIVING PURCHASER AND THE TITLE COMPANY WRITTEN NOTICE THEREOF, IN WHICH EVENT NEITHER PARTY HERETO SHALL HAVE ANY FURTHER RIGHTS, DUTIES OR OBLIGATIONS HEREUNDER AND SELLER SHALL BE ENTITLED TO DEMAND AS LIQUIDATED DAMAGES (SELLER AND PURCHASER HEREBY ACKNOWLEDGING THAT THE AMOUNT OF DAMAGES RESULTING FROM A BREACH OF THIS AGREEMENT BY PURCHASER WOULD BE DIFFICULT OR IMPOSSIBLE TO ACCURATELY ASCERTAIN), THE EARNEST MONEY (OR THE INITIAL DEPOSIT THEREOF IF THE EARNEST MONEY REQUIREMENT HAS NOT BEEN COMPLETELY SATISFIED IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, WHICH SHALL IMMEDIATELY RELEASED AND DELIVERED TO SELLER BY THE TITLE COMPANY. BY EXECUTION HEREOF, PURCHASER ACKNOWLEDGES THAT THE TITLE COMPANY SHAL- HAVE NO LIABILITY TO PURCHASER IN THE EVENT IT DELIVERS THE EARNEST MONEY TO SELLER IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND AGREES THAT THE TITLE COMPANY SHALL COMPLY WITH THE PROVISIONS OF THIS SECTION 13(A) WITHOUT THE NEED FOR SUBSEQUENT APPROVAL OR AUTHORIZATION FROM PURCHASER. RETENTION OF THE EARNEST MONEY BY SELLER IS NOT INTENDED AS A FORFEITURE OR PENALTY, BUT INSTEAD IS INTENDED TO COMPENSATE SELLER FOR THE DAMAGES IT WILL SUFFER AS A RESULT OF SUCH DEFAULT BY PURCHASER, WHICH DAMAGES SHALL BE, IN PART, A RESULT OF (1) THE REMOVAL OF THE PROPERTY FROM THE MARKET AND THE BUSINESS OPPORTUNITIES LOST THEREBY AND (11) THE POTENTIAL LOSS OF DEVELOPMENT OPPORTUNITIES. IN AGREEING TO SUCH LIQUIDATED DAMAGES, PURCHASER ACKNOWLEDGES THAT THE AMOUNT OF SELLER'S ACTUAL DAMAGES BY REASON OF PURCHASER'S DEFAULT WILL BE SUBSTANTIAL BUT WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN, AND THE AMOUNT PROVIDED FOR HEREIN IS A REASONABLE ESTIMATE OF SUCH DAMAGES. IN ADDITION, PURCHASER DESIRES TO HAVE A LIMITATION PUT ON ITS POTENTIAL LIABILITY TO SELLER IN THE EVENT PURCHASER SHOULD SO DEFAULT IN THE PERFORMANCE OF ITS OBLIGATIONS HEREUNDER. ACCORDINGLY, IN ORDER TO INDUCE SELLER TO WAIVE ALL OF THE REMEDIES THEY MIGHT OTHERWISE HAVE IN THE EVENT OF A DEFAULT BY PURCHASER, PURCHASER HAS PROPOSED, AND SELI PR HAS ACCEPTED, THE CONCEPT OF LIQUIDATED DAMAGES AS SET FORTH HEREIN, WITH THE AMOUNT THEREOF HAVING BEEN THE SUBJECT OF SPECIFIC AGREEMENT BETWEEN THE PARTIES. NOTWITHSTANDING THE FOREGOING, IF, CONTRARY TO THE AGREEMENT OF PURCHASER AND SELLER AS SET FORTH HEREIN, PURCHASER SHALL CONTEST THIS PROVISION AND ANY COURT OF COMPETENT JURISDICTION SHALL RULE IN AN ACTION BETWEEN PURCHASER AND SELLER THAT SELLER MAY NOT RETAIN THE EARNEST MONEY AS LIQUIDATED DAMAGES FOR PURCHASER'S DEFAULT, THEN SELLER SHALL BE ENTITLED TO SEEK ALL RELIEF NORMALLY PERMITTED AT LAW OR EQUITY TO AN AGGRIEVED SELLER. BY THEIR INITIALS HERETO, SELLER AND PURCHASER SPECIFICALLY ACKNOWLEDGE THEIR ACCEPTANCE AND APPROVAL OF THE FOREGOING LIQUIDATED DAMAGES PROVISION AND AGREE TO EXECUTE SUCH DOCUMENTS AS ESCROW MAY REQUIRE TO RELEASE T@ EARNEST MONEY TO SELLER IN THE EVENT OF A DEFAULT BY PURCHASER: (B)IF SELLER FAILS TO PERFORM ANY OF ITS OBLIGATIONS OR AGREEMENTS HEREUNDER EITHER PRIOR TO OR AT CLOSING, PURCHASER MAY TERMINATE THIS AGREEMENT BY WRITTEN NOTICE THEREOF TO SELLER AND THE TITLE COMPANY, AT WHICH TIME THE EARNEST MONEY SHALL BE RETURNED TO PURCHASER AS PURCHASER'S SOLE AND EXCLUSIVE REMEDY. IN NO EVENT SHALL SELLER BE LIABLE TO PURCHASER FOR ANY PSA.@,ipx3O R-. 2117/94 OTHER ACTUAL, PREVENTIVE, SPECULATIVE OR CONSEQUENTIAL DAMAGES, NOR SHALL PURCHASER BE ENTITLED TO BRING A CLAIM TO ENFORCE SPECIFIC PERFORMANCE OF THIS AGREEMENT. 6.Part IV, Section 2(g) of the Sailer Financing Addendum ('SFA') - Insurance: is revised as follows: F-arthq,,ako-: Earthquake insurance is required if the property is in a Federal seismic zone or State Special Studies zone. 7.In addition to those items disclosed in the due diligence materials provided to Purchaser, including, without limitation, a preliminary title report, an environmental assessment report, a survey, service contracts, and building lease(s); if any, Seller discloses the following defects, or other material information, regarding the Property: IN WITNESS WHEREOF, the parties have executed this Addendum to be effective as of the Effective Data. SELLER: FDIC as Receiver for American Commerce National Bank By: Name- Title: PURCHASER: City of Temecula Redevelopment Agency By: Patricia Birdsall, Chairperson APPROVED AS TO FORM: By: RICHARDS, WATSON, & @ERSHON Agency Counsel ATTEST: By: June S. Greek, City Clerk/Agency Secretary PSA..dpUl R@. 21171% WHEN RECORDED MAIL TO: [purchaser] [addzess] @e @ve this Line for recorder's use Bank I. D.: BILL OF SALE ASSIGNMENT AND ASSUMPTION OF LEASES AND CONTRACTS THIS BILL OF SALE, ASSIGNMENT AND ASSUMPTION OF LEASES AND CONTRACTS (this "Assignment") is made and entered into the day of r 1996, by the FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver of ("Seller") and ("Purchaser"). R E C I T A L S: A.Seller and Purchaser have previously entered into a certain Purchase and Sale Agreement, dated (the "Agreement") , for the purchase and sale of certain real and personal property located in , California, (the "Property"), and more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes; and B. The Agreement requires the delivery by Seller to Purchaser of a Bill of Sale, Assignment and Assumption of Leases and Contracts conveying personalty and assigning the leases and/or contract agreements described in the Agreement, if any, and an assumption by Purchaser of all obligations of Seller under such leases and/or agreements from and after the date hereof. SeDtember 26, 1996 - Page I cr:a:bo5-aal.ca NOW, THEREFORE,, in consideration of the premises and conditions contained herein, the consideration set f orth in the Agreement, and f or other good and- valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Seller GRANTS, SELLS and CONVEYS to Purchaser all of Seller's interest in any equipment, machinery, building materials, furnishings, furniture and other personalty (herein sometimes called the "Personalty"), now or hereafter located on or about the Property. 2. Seller hereby ASSIGNS, TRANSFERS and DELIVERS to Purchaser, its successors and assigns, all rights, interests and estate of Seller as lessor in, to and under any and all lease agreements which cover or affect portions of the Property (hereinafter called the "Tenant Leases"), and including, but not limited to, the Tenant Leases described on Exhibit "B" attached hereto, and Purchaser hereby accepts the same and assumes all of Seller's obligations under the Tenant Leases, including, without limitation, the return or payment of security or other deposits shown on Exhibit "B" with respect to each such lease. 3. Seller hereby assigns to Purchaser all of Seller's right, title and interest, if any, in and to those certain contracts relating to the ownership, use or operation of the Property, (the "Service Contracts"), including, but not limited to the contracts described on Exhibit, 'IC" and Purchaser hereby accepts the same and assumes all of Seller's obligations under the Service Contracts. 4.The assignment as set forth herein shall be and is herein made bySeller to Purchaser, TO HAVE AND TO HOLD, without recourse, and "asis", without representation or warranty, either express or implied, of any kind by Seller, as to the nature and condition of the Personalty or as to the term, effectiveness, enforceability or assigriability of the Tenant Leases or the Service Contracts or any prior defaults of Seller under, or other matters relating to, the Tenant Leases or the Service Contracts. Purchaser hereby acknowledges that any and all information regarding Personalty, leasing information or Service Contract information of any type that Purchaser has received or may receive from Seller or Seller's employees or agents is furnished on the express condition that Purchaser shall or would make an independent verification of the accuracy of any and all such information, all such information being furnished without any representation or warranty whatsoever. Purchaser hereby agrees that no warranty has arisen through trade, custom or course of dealing with Seller, and further hereby agrees that all disclaimers of warranties shall be construed liberally in favor of Seller. September 26, 1996 - Page 2 cr:a:bos-aal.ca 5. Purchaser hereby assumes and agrees to perform from thil date forward all of Seller's covenants and obligations contained in the Tenant Leases and the Service Contracts and hereby indemnities Seller and agrees to hold Seller harmless from and against all lia@i-lity, cost, loss, damage or expense, including reasonable attorneys' fees, suffered or incurred by Seller as a result of any alleged failure of Purchaser to perform such covenants or obligations. 6. Purchaser hereby agrees to promptly acquire the written consent of the service provider under each of the Service Contracts unless specifically not required by the terms thereof. Such consent shall be forwarded to Seller immediately on receipt at the following address: FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver of P. 0. Box 7549 Newport Beach, CA 92658-7549 Attn: , REO Department Regardless of whether such consent is acquired, however, between the parties hereto Purchaser's assumption of all of Seller's obligations under the Service Contracts shall be and remain in full force and effect. 7. This Bill of Sale, Assignment and Assumption of Leases and Contracts shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors in interest and assigns. 8. This Bill of Sale, Assignment and Assumption of Leases and Contracts may be executed in any number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall collectively constitute one agreement. IN WITNESS WHEREOF, Seller and Purchaser have executed this Assignment the day and year first above written. SELLER: FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver of By: Title: September 26, 1996 - Page 3 cr:a:Do@-aal.ca PURCHASER: By: Title: ACKNO STATE OF CALIFORNIA COUNTY OF On 1996, before me, Notary Public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signatures on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA COUNTY OF On 1996, before me, Notary Public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signatures on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature September 26, 1996 - Page 4 cr:a:bos-aai.ca EXHIRTT "All LEGAL DESCRIPTION -1. Sentember 26, 1996 - Page 5 cr:a:z)os-aal.ca EXHTRT'R VIBII TENANT LEASES Set)terrLber 26, 1996 - Page 6 cr:a:boz- a al.ca EXHTBIT 'IC" SERVICE CONTRACTS SeD-@ember 26, 1996 - Page 7 cz:a:bos-aal.ca Bank I. D. RENT ROLL AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared . the duly authorized representative of the FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver of ("FDIC"), known to me to be a credible person, who after being by me duly sworn on his oath, deposes and says: That, to the best of my knowledge and belief, the attached listing is a true, correct and complete rent roll setting forth all leases, tenancies and other occupancy agreements pertaining to the property described on Exhibit "All attached hereto, the premises covered thereby, the date to which rent has been paid, the name of the tenant, the rental and other charges payable thereunder, and the amount of each security or other deposit required thereunder and held by FDIC, the Landlord thereunder. EXECUTED this day of 1996. AFFIANT ITTTR AT STATE OF COUNTY OF SUBSCRIBED AND SWORN To before me a Notary Public on this date WITNESS my hand and official seal. Signature: [SEAL] Notary Public Sectember 26, 1996 cr:a:ren-@roli.ma.s FXHTRTT "A" TENANTS AS OF unit # Tenant Sectember 26 11996 cr,.a:rentr oil ..rna3 Bank I.D.: TENANT NOTIFICATION @FIDAVIT BEFORE ME, the undersigned authority, a Notary Public in and for the State of California, on this day personally appeared President of who being by me here and now duly sworn upon oath says: 1. "That my name is I presently reside in - County, California, that I have personal knowledge of the facts set forth herein and that the matters I have stated herein are true and correct; 2.That I have delivered or caused to be delivered the Tenant Notification Letters, copies of which are attached hereto as Exhibit.A., to all tenants of the f Tenant Notification'fet-ters: County, California. These (a)were addressed to each tenant individually, (b) acknowledged that has received and is responsible for such tenant's security deposit and specified the exact dollar amount thereof, and (c) were delivered by to each tenant as set forth in that certain Purchase all-d Sale Agreement by and between the Purchaser and the FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver of effectively dated )I 1996. 3.That this Affidavit and the attached copies of the- Tenant Notification Letters are being provided to FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver of within forty- eight (48) hours of the delivery of such Tenant Notification Letters to the addressees thereof. 4.The Tenant Notification Letters were delivered in compliance with the provisions of California Civil Code Section 1950.7(d). Further Affiant saith not. SeDtember 26, 1996 - Page I cr:a:tnaff.ca JURAIR STATE'-OF COUNTY OF SUBSCRIBED AND SWORN to before me a Notary Public, this date WITNESS my hand and official seal. Signature [SEAL] Notary Public Sectember 26, 1996 - Page 2 cr:a:tnaf,.ca FXHTRTT I'All TENANT NOTIFICATION LETTERS -11 Seatember 26, 1996 - Page 3 cr:a:tnaf..ca Bank I. D.: Date To: I'dach individual tenant' of the Property (hereinafter defined)] RE: Sale of FEDERAL DEPOSITINSURANCE CORPORATION as Receiver of ("Seller") to ("Purchaser") Effective 1996 (the "Sale Date"), the Property was sold by Seller to Purchaser. You are hereby notified that Seller has delivered to Purchaser all security deposits which it held in connection with the Property. By its signature on this letter, Purchaser acknowledges receipt of your security deposit in the amount of $ and agrees that it shall hold the same in accordance with the terms of your lease and the provisions of applicable law relating to security deposits. Moreover, Purchaser has assumed all obligations of landlord under your lease as of the Sale Date. Effective with your 1 1996 rent payment, all payments due under your lease should be made by check payable to it to and delivered to the following address: (the "Property") by Sincerely, [purchaser] 1.MUs form to be ubed where S@ar h" r@ved a @arity @stt from the t@t. 5eote.=er 26, 1996 cr:a:tni-..ca Bank I. D. Date To: [each individual tenant' of the Property (hereinafter defined)] RE: Sale of FEDERA.L DEPOSIT INSURANCE CORPORATION as Receiver of ("Seller") to - ("Purchaser") Effective 1996 (the "Sale Date"), the Property was sold by Seller to Purchaser. You are hereby notified that Seller has delivered to Purchaser all security deposits which it held in connection with the Property. No security deposit was held by the Seller in connection with your tenancy. Effective with your , 1996 rent payment, all payments due under your lease should be made by check payable to to 11 and delivered to the following address: (the "Property") by Sincerely, [purchaser] 1. -@z fo= to @ used whilre S@4Lr h" not r@vad a m@ity @sit from the t@t. Secte.mDer 26, 1996 cz:a:tni.ca ITEI\4 3 .APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency Members FROM: Mary Jane McLarney, Assistant City Manager DATE: October 8, 1 996 SUBJECT:FY1996/97 Economic Development Strategic Plan RECOMMENDATION: That the Agency Members: 1 ) Review the FY1 997 Economic Development Strategic Plan update; 2)Review and approve the FY1997 Marketing Plan; 3)Review and provide direction regarding the funding request of: a)Temecula Valley Chamber of Commerce b)Temecula Valley Economic Development Corporation c)Temecula Valley Film Council; 4)Appropriate additional funding to the Marketing Budget 280-199-999-5270, Economic Development Budget 280-199-999-5264 and Salaries 280-190-999- 51 00 based upon the action of 2, 3 & 4 above. DISCUSSION: On February 21, 1995, the Agency Members approved the City's Economic Development Plan. The Plan is comprehensive and begins with the quality of life strategies and goals included in the General Plan Economic Development Element (Attachment A). In a recent article, "The Entrepreneurial Community Approach to Community Economic Development", Dr. Raymond Lenzi quotes Peterson on the "total development paradigm". "...the total development paradigm is based on the premise that everything is connected in the community--economic base, physical infrastructure, support infrastructure, human infrastructure and leadership infrastructures. The underlying premise is that a community is not merely a place where work (i.e., jobs) can take place but that it is first of all a human community within which we share life functions with other people." Peterson, 1 990 r:\syersk\stfedc.81 Based upon the direction provided by the Economic Development Element, the City promotes the total development paradigm via the Capital Improvement Program, Annual Operating Budget, the Marketing Plan and the participation/support of the various partners in economic development. Marketing Plan The 1995-96 Marketing Plan was adopted September 12, 1995. The FY97 update is included as Attachment B. The plan continues the two pronged approach of tourism and business development. The implementation steps again rely heavily on public relations with a small amount of print advertising. The plan was also reviewed by a local commercial real estate broker, who indicated that the target market and marketing methods are appropriate for Temecula. It is recommended that the part-time Marketing Coordinator convert to full-time and take over the duties that have previously been performed by a consultant, with assistance from the City Manager's intern. Additionally, staff relies heavily on the "purchased" services we receive from the Chamber and the EDC, particularly the leveraging from the numerous volunteer hours received. Below is a list of accomplishments from the Marketing Plan and the lead entity. MARKETING ITEMS STATUS Exhibit I Business Development Lead Tactic Status Aciency 1. Outreach Materials A. All-Encompassing Logo and Slogan Complete City B. Materials Folder/Kit Complete EDC C. City of Temecula Fact Book (Demographics) Complete EDC D. City of Temecula Business Brochure In Process City E. Business Development Kit * N/A City F. Business Testimonial Piece (2) Complete - 1 City G. BRAG Small Business Mailer * N/A OTTMA H . BRAG Folder Kit * N/A OTTMA I . Photography Library On Going City J. Trade Booth *N/A City II. Selected Industry Outreach A. Review EDC Research on Individual To Do City Temecula Companies B. Research Specific Industry Communications To Do City C. Develop and Implement Tactics for Each Industry To Do city D. Direct Mail Piece (2) Complete-1 City E. Sustain and Nurture Existing Businesses in Temecula On Going EDC F. Welcoming Committee For Businesses On Going Chambt- G. Temecula RNC Host Committee Complete N/A 2 Ill. Regional Business Media Outreach A. Press Materials On Going City B. Establish Working News Bureau On Going City IV.Real Estate Outreach A.Outreach to Commercial Brokers, Builders and Lenders On Going City B.Outreach to Business Relocation Consultants To Do City C. Real Estate Audience Newsletter (4) Complete - 1 City V.Selected Advertising A. Develop Print Ads (produce new ad for '96-'97) Complete City B. Identify Advertising Venues and Buy Media Complete City VI.Community Relations A. Schedule City Speaking Opportunities On Going City B. Schedule Media Roundtables with Press Enterprise, On Going City Rancho News, KRTM-FM and the Californian VII.Economic Conference Support A. Support 1997 Regional Economic Conference On Going City *N/A = To begin when 1996-97 Marketing Plan is approved. Tourism Tactic Status 1. Outreach Materials A. Press Kit Complete City B. Banner Ad Editorial Complete OTTMA C. OTTMA Special Events Brochure *N/A OTTMA D. OTTMA Walking Tour Map Complete OTTMA II.Media Relations A.Update and Maintain Media Lists On Going City B.Monthly Event Publicity On Going City C.Respond to Media Inquiries On Going City D.Travel Media Outreach On Going City E.Tourist Guidebook Outreach (new for '97) Complete - 1 City F.Tourism Industry Newsletter In Process City G.Long-lead Event Calendar On Going Chamber H. Media Familiarization Tours (new for '97) Complete - 1 City 1. Cable/Public Access On Going City J. Visitors Guide Complete Chamber K. Tourism Promotional Brochure Complete Chamber Ill. Travel Industry Outreach A. Industry Mailings On Going City B. Trade Show Participation To Do Chamber IV.Selected Advertising A. Develop Print Ads (produce new ad for 1996/97) Complete City B. Identify Advertising Venues and Buy Media Complete City V.Marketing Workshops A. Small Business Development To Do Chamber VI.Integrated Marketing Tactics A. Produce Table Tents In Process City VII.Sponsored Items A. Tourism Site on World Wide Web On Going Chamber /EDC VIII.Services A. Rack Service In Process City N/A = To begin when 1 996/97 Marketing Plan is approved. Although the indicated agency has taken the lead for the tactic, the total outcome of the FY96 Marketing Plan is the result of the hard work of the entire Marketing Committee. Based upon these additional responsibilities, the Chamber and EDC have requested additional funding to provide the level of support requested in FY1997. Analysis of these requests is included on pages 7-10. Economic Development Partners The original strategic plan set forth the participation of our partners and their roles in the plan as follows: Temecula Valley Chamber of Commerce - The mission of the Chamber is "to promote the economic environment of all member businesses and by doing so will support the programs which preserve and improve the quality of life." The Chamber primarily supports small businesses and provides walk-in visitor and tourist information. Additionally, the Chamber responds to requests for tourism, relocation and business inquiries and sends corresponding information to prospective visitors, residents and potential businesses. The Chamber encourages existing businesses and residents to "Shop Temecula First" and provides avenues for businesses to promote their products and services. The Chamber serves as a representative for business legislative issues that affect the overall welfare of the Chamber Membership. In cooperation with the school district, the Chamber plans, coordinates and assists in programs that foster and encourage a viable working partnership among business, educators and students. 4 The annual fee to the Chamber, has been $45,000. The FY 97 request is for $100,000. Analysis of the request appears on page 7. Temecula Valley Economic Development Corooration (EDC) - According to their mission statement, the purpose of the EDC is "to promote growth, development and retention ... to improve business conditions and job growth ... and to assist existing employers in the area and to encourage their expansion and growth within the area." EDC membership is composed of a broad spectrum of businesses, professionals, non- profit organizations, and public agencies. The FY96 contribution was $55,000. The FY97 request is for $91,00. The analysis appears on page 10. Temecula Valley Film Council (Film Council) - "The mission of the Film Council to market Temecula as a desirable, cooperative, efficient and multi-faceted location destination for the film, television and adverting industry... to further the interests of Temecula Valley economic development by attracting the film industry to our area, to act as a liaison between the film industry and the community, to provide a focal point for all film related inquiries, to prepare and provide a location library, production and service information to the industry, to educate local merchants to the opportunities of servicing the film industry and to promote the relocation of film companies to the area to generate new jobs." The FY96 contribution was $1 5,000 for operations and $1 5,000 for the Film Festival. The current year request as outlined on page 1 1 is $35,000. Old Town Mainstreet Association (OTTMA) - The mission of OTTMA is "to implement the Specific plan for Old Town Temecula using the four point Mainstreet strategy for downtown revitalization." Organization - To build a strong membership organization to support financially and philosophically the Old Town Mainstreet project. To build partnerships with outside organizations, businesses, media, financial institutions and city government. Design - To work closely with the city planning staff, redevelopment agency, Local Review Board, Old Town Task Force as a liaison between those agencies and the business owners and property owners in Old Town. Economic Restructure - To develop a BRAG (Business Recruitment Assistance Group) made up of EDC, City, Chamber of Commerce, OTTMA and appropriate business representatives within the city to determine a desirable retail/service business mix in Old Town and to outline those businesses to be recruited to balance the current mix. Promotion - To build upon existing special events and promotions and add several others specifically focusing on Old Town's target markets. 5 The Old Town Specific Plan calls for a decreasing annual contribution to the organization. The budget for FY97 is $45,000. The OTTMA is in the process of developing a five year financial plan. The Agency may be asked to increase their contribution at that time. Inland Empire Economic Partnership (IEEP) - Any local economic development effort must be coordinated with the County and surrounding cites. This was never more evident than in the 1993 negotiations with International Rectifier. Staff is currently working with IEEP and other local cities on a regional marketing effort. Outreach includes direct mailing, trade show participation, and visits to key Chief Executive Officers of major companies in Los Angeles, New York, etc. Additionally, the City was featured in a Los Angeles Times article resulting from our joint marketing program. The City's contribution to the Inland Empire Marketing Program is approximately $4,500. Through IEEP we also participate in TEAM California Legislative Day to enhance communication between business and our State legislators resulting in streamlined regulations and making the State more business friendly. Murrieta/Temecula Groul2 (MTG) - MTG has a broader mission than economic development, however, one of their key objectives is "to support for the economic development efforts of the two cities, county and the local economic development organization." This group was identified in the EDC proposal as the legislative advocate for economic development. MTG has never requested any financial assistance from the City. Since adoption, we have added three new members to the marketing effort when it became clear that our efforts coincided. Southwest County Alliance - The Southwest County Alliance was created to promote the many benefits found for the business and real estate communites within the region. Additionally, the Alliance is working to bring attention to the need for infrastructure improvements, such as a brine line and better access to fiber optics. Temecula Valley Vintners' Association - As an organization, the Vintners Association has the responsibility to work for the improvement of the social, agricultural political and business environments in which we work and live. The Vintner's Association does not exist solely for profit, yet profit is essential to their survival. Profit comes from the quality of their witness and people, their efficiency, pragmatism and productivity. Their purpose is to pursue the perfection of an age-old art form inextricably linked to the earth while preserving an agricultural area and lifestyle in the Temecula Valley. Temecula Valley Balloon and Wine Festival - The mission of the Temecula Valley Balloon and Wine Festival is "to produce a premier event with unique, quality family entertainment that attracts guests from Southern California; directly contributing to the economic development of the environmentally-conscious master planned community; thereby, providing proceeds to charitable organizations." The annual City sponsorship is $10,000. 6 The key to the success of the Economic Development Strategic Plan is the leverage we obtain when joining in public/private partnerships. With the implementation of the FY 1996 plan, the level of service from partners required by the City increased dramatically from the implementation tactics, as well as the volume of activity generated by the marketing efforts. Therefore, the funding requests have increased. Fundina Considerati@ The Redevelopment Agency has historically provided financial support for the Chamber of Commerce, Economic Development Corporation, the Film Council and the Old Town Mainstreet Association. The Fiscal Year 1997 funding requests from these organizations are included as Attachment C - Chamber of Commerce, Attachment D - EDC, Attachment E - Film Council. The Old Town Mainstreet Association (OTTMA) is in the process of developing a long range financing plan which will be brought to you at a later date. It is anticipated that the OTTMA may request additional funding. Below is a summary of Chamber activity and performance measures. The Chamber expects to add a full time position and double volunteer hours to handle the calls generated by the promotional campaign. CHAMBER ACTIVITY REPORT Exhibit 11 FISCAL YEAR 1994 1,995 1996 1997 Expenditures $292,000 $236,000 $318,000 $410,000 City Contract Percentage 45,000 45,000 45,000 $100,000 15% 19% 14% 24% Number of Employees Part Time 3 Part Time 3 Part Time 4 Part Time 4 Part Time Full Time 3 Full Time 3 Full Time 3 Full Time 4 Full Time Number of Calls N/A 48,382 77,822- 96,000 Number of Mailings N/A 4,648 4,063 110,156 Number of Volunteer Hrs 2,820 3,484 5,148 10,296 Projected on 5 months volume of 32,426 calls Estimated 7 The breakdown of the $100,000 request is as follows. If the Agency chooses not to contract for these services, staff is requesting authorization to hire staff to meet the requirements of the Marketing Plan. Chamber Exhibit III Fee Analysis Service Fee (1 I Tourism Visitor Guides $22,200 Satellite Visitor Centers(5) 14,000 Press Kits 5,000 Postage/Printed Materials 3,300 Internet-Tourist Information 2,500 Visitor Outreach 1,800 Long Lead Event Calendar 700 Media Fam Tours 300 Trade Show Participation 300 City of Temecula Marketing Workshops 300 Balloon & Wine Tourism Tent 300 Tourism Industry Newsletter 100 Marketing Committee Participation 100 Community Information Pictorial 9,800 Walk-in/Telephone Traffic 7,800 Maps 6,600 Relocation Packets 1,300 Demographic Information 1000 Special Events 1000 Calendar of Events 700 Internet-Relocation/Calendar/Schools 700 City Promotions Shop Temecula First Campaigns (2) 9,030 Business Showcases (2) 700 Mystery Shopper Campaign 700 Holiday Lights/4th of July Float 300 Internet - Local Businesses 1000 Marketing Seminars (Customer Service) 700 State of the City Luncheon 300 Education/Government Registry 1300 Scholarships 1300 Student of the Month 1300 School Promotions Brochure 1000 Issue Awareness 300 Economic Develol2ment Marketinci Campaicin Review EDC Research of Temecula Companies 870 Sustain Existing Temecula Business 500 Temecula Host Committee for RNC 300 Schedule City Speaking Opportunities 300 Welcoming Committee 200 Support '97 Regional Economic Conference 100 TOTAL $100,000 (1)Amount is based on percentages obtained from Attachment C, Pages 7 - 9. 9 The following is a summary of EDC FY96 and FY97 performance and budget data. EDC ACTIVITY REPORT Exhibit IV FISCAL YEAR 1995-96 1996-97 BUDGET $161,352 $140,558 FUNDING $55,000 $91,400 PERFORMANCE MEASURES ASSISTING EXISTING BUSINESSES Number of Clients 80 100 Volume of Newspaper Articles 18 20 Workshops Held and Attendance 9 10 Number of Hotline Calls 281 300 Expediting Committee Contacts 24 25 RETAIN EXISTING BUSINESSES Awareness Programs Usage and Attendance 8 10 Actual "At Risk" Businesses Retained 80% 80% GROWING NEW BUSINESSES Programs Developed 10 10 RECRUITING NEW BUSINESSES Contacts Acquired through Direct Mail 1 5,000 1 6,581 Actual Relocations 355 (1) Base $55,000 Rent 2,400 Marketing 24,000 Revenue Sharing 10,000 $91,400 The marketing line item includes $12,000 of staff time, $10,000 for quarterly newspaper inserts and $2,000 to produce the CD Rom developed in 1 995. 1 0 The Film Council has requested $35,000 to support their operations as outlined: Revise Production Guide $4,000 Trade Shows 6,000 Film Festival Programs 6,000 Media Advertising 15,000 Location Survey Services 4,000 $35,000 The Agency may purchase all or a portion of the services of the EDC, Chamber and Film Council. Conclusion* The Economic Development Strategic Plan is a comprehensive approach to promoting the City of Temecula. It is based on policy set by the City Council focusing on quality of life, attracting quality business and promoting tourism. The marketing component presented here is a conservative, directed approach to promote business and tourism and it capitalizes on the strengths of our community's human resources through our partnerships with various non-profit organizations. FISCAL IMPACT: Based on Agency recommendation for items 2, 3 & 4, a budget appropriation will be necessary. Attachments: A -Economic Development Element B -Marketing Plan FY 1996-97 C -Chamber of Commerce FY97 Funding Request D -Economic Development Corporation FY 97 Funding Request E-Film Council FY 97 Funding Request stfedc.81 r:\syersk\stfedc.81 CITY OF TEMECULA GENERAL PLAN ECONONHC DEVELOPMENT ELEN/IENT ATTACHMENT A aTY OF TEMECUILA Economic Development Element 1.INTRODUCTION A.Overview of the Economic Development Element The purpose of this Element is to provide guidance for economic development within Temecula's jurisdiction to attain an economically viable community. In this sense, economically viable means a providing range of housing and employment opportunities that meet the needs of residents and workers alike, attracting families and businesses to create demand for planned land uses, and establishing and funding public service levels that preserve Temecula's quality of life. The Economic Development Element is linked primarily to the Land Use and Housing Elements. Land use policy, in which the City takes an active role in defining development intensity, balance and mix of land uses and design guidelines, is fundamental to economic growth and fiscal well-being. Land use policy also helps the City plan in advance for the secondary effects of development, including employment growth, infrastructure requirements and fiscal impacts. Temecula's housing policy is also linked to economic development planning in that economic relationships exist between housing types and employment opportunities, as well as between housing densities and the cost to maintain City service levels. With regard to attracting industry and maintaining mobility for corporate activities, the Circulation Element is also important to the economic development strategy. B.Authorization and Scope 'Me Economic Development Element is an optional element of the General Plan, as set forth in the State Planning, Zoning and Development Laws, California Government Code 65303. Although the Economic Development Element is not a required element in the General Plan, the City has requested that one be prepared to consolidate and codify a growing body of policy concerning the economic and fiscal viability of Temecula. Since this element is optional, it may be amended by the City Council to adapt to changing needs and economic conditions. C.Related Plans and Programs 1.Temecula-Murrieta Economic Development Corporation The Temecula-Murrieta Economic Development Corporation (EDC) is a privately funded program chartered to promote economic growth and development within Southwestern Riverside County. The EDC aims to accomplish its mission by improving business conditions and job growth in order to attract medium to large clean industry employers and to assist existing employers in the area. The EDC's goals for the subregion complement Temecula's specific economic development goals. Additionally, the EDC provides technical assistance with economic research and marketing programs that directly benefit the City. TEM-Ol\IIGP-Er-DEV , Date: Ncyvcmber 9, 1993 Page 11-1 CITY OF CULA Economic Development Element 2.Temecula VaHey Chamber of Commerce The Temecula Valley Chamber of Commerce is currently providing four programs related to business development in the Temecula area: Tourism. The Chamber is currently in the process of pursuing a program for elementary school children from other counties to visit Temecula's historical district, wineries, horse ranches and museum as a field trip. The purpose is to educate kids and give them information to take home to their parents, opening the possibilities of relocating homes or businesses to the area. Local business promotions. The "Shop Temecula First" program is a year-round project encouraging citizens to shop locally. The program is designed to educate consumers that the monies from local sales tax are used for local expenditures. Local merchants participate in the program by displaying logos and posters for ad campaigns. Education. The Chamber offers a business start-up kit to new and relocating businesses. The kits contain City guidelines for operating a business, tax information, City ordinances such as signage, and area information. Governmental. The Chamber has an active Civic and Developmental committee which tracks business related legislation and local issues. The Committee members attend the Planning Commission, Traffic Commission, Parks and Recreation Commission and City Council meetings and make recommendations to the board for taking positions on business related issues. 3.City of Temecula Publicity Campaign Temecula has recently launched a national publicity campaign to promote the advantages of locating in Temecula. The program included development of a promotional video and target industry list. 'I"nis program currently implements several goals stated in this element, and should be further reviewed to ensure continuing efforts are in accordance with this element. 4.Old Town Specific Plan The Temecula Old Town Specific Plan is being prepared concurrently with the General Plan. The Old Town area provides an important retail environment within a historic setting, making it a key component of Temecula's tourism industry. Because of its importance to the local economy, the Old Town Specific Plan should be implemented in accordance with Temecula's stated economic development goals. TEM-01\11GP-ECDEV , Date: Ncrvember 9, 1993 Page 11-2 CITY OF MMCLUA Economic Development Element 11.SUMMARY OF ECONOMIC DEVELOPMENT ISSUES There is an interdependence among economic issues and the overall quality of life in Temecula. The high standards for community facilities and services attract businesses and residents. This attraction generates revenues which make high standards possible. Given its demonstrated attractiveness to industry and residents alike, opportunity exists for Temecula to further strengthen the local economy and maintain high service levels through effective economic development planning. A.Balanced Land Use As Temecula grows, there will be a need to maintain a level of housing supply which is affordable to workers in Temecula, given the diversified nature of the area's employment base. This is important for two primary reasons. First, an improved jobs/housing balance will reduce long@tance commuting and enhance the quality of life for all Temecula residents. Second, a jobs/housing balance will increase the range of choice for residents and businesses, making Temecula attractive to prospective residents and employers. B.Fiscal Viability Given the economic realities in California, each local jurisdiction must maintain its own fiscal viability. This will require a combination of land use policy, attraction of business, and local revenue policy, including taxation. It must be also recognized that long-term fiscal viability requires incremental public and private investment, including development impact fees. C.Economic Expansion The economy in Temecula has expanded very rapidly over the 1983 to 1989 period. However, there has been concern in the community that growth since 1989 may be flagging. As Temecula's economic base once'again expands, this expansion can provide a greater range of job opportunities and can help the City meet its fiscal goals. However, rapid expansion can also lead to undesirable impacts on traffic and other infrastructure capacity. D.Employment Growth Temecula's job base grew very rapidly during the 1980s. The number of jobs in Temecula increased from about 4,000 in 1983 to over 15,000 by 1992. This growth represents an annual growth rate of about 18 percent, significantly higher than growth in both the Riverside-San Bernardino Metropolitan Area and Southwest Riverside County. Based on economic trends and projections for the Southern California region, the number of jobs in the Temecula area is projected to increase by between 30,000 and 53,000 by 2010. TEM-OlUlGP-EC-DEV 9 Date: Ncyvember 9, 1993 Page 11-3 aTY OF CUIA Economic Dev@pment Element E.Development Capacity During the 1980s, the area that is now Temecula experienced rapid growth, transitioning from a residential-oriented suburban community into an employment center for southwestern Riverside County. Even under current recessionary conditions, significant development potential still remains for additional employment and residential development within the City and sphere of influence, with over 3,330 acres proposed for employment and about 1,275 acres for retail development. As economic recovery occurs, Temecula will once again experience the pressures of development. Within this context, City officials and community members have recognized the need to develop an economic strategy to guide future economic growth. F.Industr-y Growth Temecula's manufacturing base has shown strong growth in the high technology industries and moderate growth in other industries. Temecula serves as a regional retailing center, with about $2.00 in retail sales for every $1.00 of demand within the City limits. Temecula has also grown rapidly in the services sector, particularly in business and professional services. G.Tourism Community leaders have expressed a desire to see tourism expanded beyond the realm of Old Town and the wineries into a commercial recreation industry which will generate positive economic impacts for Temecula. Preliminary economic analysis of the Temecula area indicates that additional diversification is currently needed in lodging, amusement and recreation services. TF.M-01\11GP-Er-DEV - Date: Ncyvembcr 9, 1993 Page 11-4 CITY OF CULA 111.GOALS AND POLICIES Economic Development Element Goal IDevelopment of a strong base of clean manufacturing activities which employs a skilled labor force and can be successfully integrated into Temecula's community character. Discussion Temecula has maintained high standards for manufacturing activity which have enhanced its attractiveness to both employers and residents. With additional land reserved for manufacturing activities, the City must continue to guide the location, design, and function of industry throughout its development cycle. Policy 1.1Attract and retain industry that complements Temecula's character and takes advantage of Temecula's locational advantage for goods movement and corporate mobility. Policy 1.2Encourage the growth and expansion of existing industry by providing high quality municipal services, facilities, and economic development assistance. Policy 13Maintain a local regulatory environment that is favorable to clean industry. Policy 1.4Provide technical assistance to industries that will be affected by new regional air quality regulations and other developing regional regulations. Goal 2Diversification of the economic base to include a range of manufacturing, retail and service activities. Discussion The economy in Temecula has been expanding very rapidly, providing job opportunities and generating fiscally positive development patterns. The Temecula economy has shown recent diversification in both manufacturing and services. Since Temecula has not yet completed its real estate development cycle, the economic base can be expected to diversify further, with an increased level of professional services and a more mature retail base. Areas where additional diversification is needed may include: the financial sector, medical and health services, retail (particularly in general merchandise and apparel), lodging, recreation and other visitor-oriented services. Policy 2.1Provide for industrial land uses which facilitate a variety of user types, including manufacturing space, storage and distribution, back-office space, and research and development space. Policy 2.2Plan for land use and development patterns that allow succession of use and will adapt to Temecula's economic conditions. TEM-01\11GP-EC-DEV - Date: Novembcr 9, 1993 Page 11-5 aTy OFCULA Economic Development Element Policy 23Promote development of properly located and well designed commercial centers to meet the diverse service needs of the City. Policy 2.4Promote retail and other support activities that provide a broader selection of high-quality goods and services for residents, workers and tourists, including apparel, general merchandise, home furnishings and appliances. Policy 2.5Use redevelopment powers and opportunities to enhance development opportunities. Goal 3 Main@an economic base to provide a sound r@l foundation for the City as weUas quality community facilities and high service levels. Discussion Prior toincorporation, the Temecula area experienced rapid growth under the jurisdiction of Riverside County. With incorporation and the ability to capture more local revenues, the City is now able to conduct fiscal planning in the context of economic development. With economic development planning, Temecula has an even greater opportunity to influence its fiscal base, resulting in a fiscal balance acrossland uses. Policy 3.1Encourage a pattern of development that balances revenue generating land uses in phase with other uses that have negative fiscal impacts. Policy 3.2Encourage the growth or relocation of industries that generate local tax and employment advantages. Policy 3.3Evaluate fiscal impacts of new development on an ongoing basis and provide appropriate mitigation strategies. Policy 3.4Take advantage of Temecula's regional capture of taxable sales and continue to establish Temecula as a retailing center along the Interstate 15 corridor. TEM-OlUlOP-Er-DEV , Date: November 9, 1993 Page 11-6 aTY OF TEMECULA Economic Development Element Goal 4Establishment of a diverse education and which will develop and maintain a high quality work force in Temec@ Discussion Residents and employers have identified education as a key element in developing the long-range economic base in Temecula. By providing superior educational opportunities and resources, with an emphasis on practical educational programs for the job mix required to serve the community, many residents will prefer to work within the City. A full range of adult education, retraining, special education, vocationalaechnical education and college/university level facilities and curriculums should be provided, aimed at responding to the educational needs of the community through each phase of development. Policy 4.1Support economic development goals through a range of education and training activities. Policy 4.2Establish a proactive, periodic dialogue early in the planning process between the City and educational institutions, including school districts and community colleges, on issues related to the phasing of development, service standards and demands. Policy 43Explore the potential for a comprehensive extension center through UC River-side and/or the California State University system. Goal 5Promote the advantages to businesses of locating in Temecula, including cost advantages, amenities, housing, community activities and civic services. Discussion Temecula currently has a number of favorable employment growth conditions - including demonstrated attractiveness to industry and an ideal locational advantages for company headquarters. The City wishes to focus future efforts on continuing to attract high quality clean industry. However, with the current regulatory envirorument and rising land prices, the City may need to clearly define incentives for businesses to locate in Temecula instead of other communities. Policy 5.1Develop and maintain a marketing program to publicize the virtues of relocating to Temecula. Policy 5.2Monitor the economic conditions in Temecula in comparison to other locations in California and throughout the nation to determine relative advantages. Policy 53Monitor the supply of housing in relation to the supply of jobs in terms of to balance area-wide jobs, households, worker earnings and housing expenses. Policy 5.4Monitor existing businesses in Temecula and identify the elements of a business retention program. TFM-01\11GP-EC-DEV , Date: November 9, 1993 Page 11-7 and job placement system CITY OF CULA Economic Development Element Goal 6Develop Temecula as a comprehensive, recognizable tourist destination, with a range of attractions @ughout and beyond the sphere of influence. DiscussionBecause of its wine country location and historical significance, Temecula has become a limited tourist destination point. For tourism to play an effective role in the local economy, however, the industry must expand beyond Old Town and seasonal attractions and provide for year-round activities capable of generating greater tourist interest. Community leaders have expressed the desire to expand Temecula's tourism industry in a manner that complements established residential areas as well as businesses. Policy 6.1Encourage and enhance cooperative efforts with the wine-making industry in the Temecula Valley to promote Temecula as a destination resort. Policy 6.2Identify commercial recreation, convention and resort activities - including golf-oriented resorts - that can take advantage of Temecula's character and climate, while complementing wine-making activities. Policy 63Revitalize and enhance Old Town to expand its role in local tourism and to improve its attractiveness, accessibility, and economic vitality. Policy 6.4Enhance the City's image through development of cultural facilities, including performing arts, museums. TEM-OlUlGP-Er-DEV Date: November 9, 1993 Page 11-8 CITY OF TEMECULA MARKETING PLAN FY 1996-97 ATTACHMENT B INTRODUCTION To a large extent, the 1996-1997 Marketing Plan for The City of Temecula reaffirms the goals the marketing committee made last year to accelerate business development activities and services, to gain a larger share of the tourism industry, and to provide effective umbrella communication services to the City. With this'm mind, this plan is more of a continuation of the first plan. The plan is sound and practical, the next step is not to keep planning the work but work the plan. The programs outlined herein are a function of work generated and cash flow. Constant monitoring of these factors, together with periodic evaluation of marketing effectiveness, will allow for all these programs to be completed effectively. The key element determining the successful implementation of the marketing plan is not the plan itself but the people involved in executing it. SITUATIONAL ANALYSIS The City of Temecula has emerged as one of the fastest growing regions in Southern California and ranked as "The #1 Most Livable City in Riverside County". Temecula's dramatic population growth between 1980 to present suggests that the quality of life is high, and that the city will continue to grow in its appeal as the area is promoted to all of its markets. Temecula offers a variety of community features-- affordable housing, scenic location, award winning schools, low crime rate, numerous neighborhood and community parks and I I irti ity recreational facilities -- that shows evidence of the c'ty's co tment to ma'nta' 'ng a qual' livinc, environment. Temecula also offers a desirable business climate to attract new businesses to its area -- low land cost, highly skilled labor force, business assistance programs, and quality of life offered to its employees. The City has a host of appealing events and attractions, and together with its mildly seasonal climate, good air quality year round, and its convenient location, create an inviting destination that can position Temecula as an inviting tourist destination. A number of outdoor activities includin- championship oolf courses, hot air ballooning hiking, campino, and boating and fishing at Lake Skinner provide recreational opportunities for all aue -roups. For entertainment, residents and visitors enjoy antiquing in Old Town along with wine-tasting and tours offered at 12 popular wineries. The area's attributes and tourism-friendly environment coupled with a strong publicity campaign will boost awareness of the city, and enhance its economic development. As the City's marketing program was developed to include both business development and tourism, we must keep in mind that each division plays an important role which effects the other. The program has a stronc, emphasis on tourism promotion which not only is instrumental in establishing Temecula as a tourism destination but also positions Temecula as a place to establish a business. The tourism campaign is used as a "hook" to attract business development to the area by bringing the conception that Temecula has more to offer than just a nice place to visit. Thus, it is imperative that Temecula continues to move forward with implementing its marketing program in attracting select businesses and visitors to the city. 2 GOALS AND OBJECTIVES 1.Increase the Number of Businesses Locating and Expanding in Temecula Accelerate business development activities and services. A.Position the City as an ideal location for businesses to locate and expand in Temecula. B.Position Temecula as "business friendly". C.Communicate the many business success stories in Temecula. D.Continue to serve existing businesses and keep abreast of their expansion plans. 2.Increase the Number of Tourists Visiting Temecula Gain a larger share of the tourism industry. A.Increase the number of weekday overnight visitors. B.Increase the number of weekend and weekday non-overnight visitors. C.Increase the number of weekend overnight visitors. D.Increase awareness of Temecula Valley's features as a tourist destination. E.Continue the response program to consumer inquiries about Temecula. F.Increase attendance at all Temecula events. 3.Provide Umbrella Communication Services to the City of Temecula Effective communication is critical in executing the marketing plan. A.Continued coordinated communication efforts of various Temecula entities (i.e. EDC, Chamber, Vintner's Association, OTTMA with the City), to communicate a single, unified message. B.Continue to develop svnergy between the various groups. C.Continue to provide general communication advice and counsel to the City of Temecula as required. 3 TARGET AUDEENCES Economic Development A.Specific Clean Industries Semiconductor Bio-Medical Warehouse/Distribution B.Real Estate Industry Business relocation consultants specialists California commercial brokers Lenders and financial community C.Business Owners and Decision Makers Throughout California and the West Emphasis on Southern California (Los Angeles, San Diego and Orange Counties) D.Business Executives and Decision-Makers Who Visit Temecula Overnight visitors Golf course patrons Winery visitors E. Temecula Residents and Businesses 4 TARGET AUDIENCU 2.Tourism A.Adults (ages 25-55) Middle to upper income Singles and couples Within driving distance B.Vacationers (Couples and Families) Vacationers planning a trip to Southern California Vacationers already in San Diego or Orange County C.Select Affinity Groups Tour groups Motor coach tours Convention groups (spouse /companion activities) Association business groups (corporate recognition - i.e. president's clubs) D.Young Adults (ages 18-25) Active recreation seekers Potential patrons of Temecula dining and entertainment establishments E.Active Mature Adults (ages 55+) Middle to upper income Los Angeles, San Diego and Orange Counties Couples and groups 5 ECONOMIC DEVELOPMENT MARKETING CAMPAIGN Outreach Materials Design and produce various outreach materials that will assist in the development of awareness and exposure for Temecula among business executives. The focus will include Business Outreach (EDC and Chamber), Tourism Outreach (OTTMA and Chamber), and Media Outreach (Public Relations Consultant). A.Business Development Kit IA folder kit with economic development information regarding housin(y commercial, and industrial property, and collateral material (i.e. testimonial piece, fast track pamphlet, etc.). Provide kits to members of group tours and individuals where appropriate. Expenses- -0- Lead Organization: City B.City of Temecula Demographic Book 1.Update demographic materials. Write additional copy not furnished. Print Demographic Book in color and in black and white. Expenses-. $1,000 Lead Organization: City C.City of Temecula Business Brochure City mini-brochure that specifically focuses on the benefits of doing business in Temecula and presents the economic development advantages offered to large and small businesses. I . Develop and produce brochure. 1) Assist designer with creative ideas. Expenses: $5,000 Lead Organization-. City D.Business Testimonial Piece Marketing piece on testimonials from businesses relocating and expanding in Temecula . This will be used as a direct mail piece and distributed at trade shows. 6 (Outreach Materials continued) Expenses: $3,000 Lead Organization: City E.Old Town Temecula Mainstreet Association (OTTNM) and Business Recruitment Assistance Group (BRAG) Direct Mail Piece The OTTMA and BRAG Team's direct mail piece to promote small businesses. Expenses: $2,000 Lead Organization(s): OTTMA and BRAG Team F.Old Town Temecula Mainstreet Association (OTTMA) and Business Recruitment Assistance Group (BRAG) Folder Kit A folder kit to showcase marketing materials and information for small business recruitment. Expenses: $1,000 Lead Organization(s)@ OTTNIA and BRAG Team. G.Photography Library Prepare top quality marketing photography for promoting business development and tourism marketing collateral and for use in marketing efforts. I. Hire professional photographers. 2. Photo materials - prints, slides, transparencies, etc. Expenses- $4,000 Lead Organization: City H.Trade Booth Refurbish existing City trade booth for use at economic development and tourism trade shows along with City events. Expenses: $-'),OOO Lead Organization: City 7 Selected Industry Outreach The marketing committee has agreed on the following industries to target, Semiconductors and Bio-Medical. These successful "clean" industries have an established presence within the City and have the greatest potential to grow. A.Review EDC Research on Individual Temecula Companies I. Update prospective business database. 2.Maintain list of prospective businesses and monitor follow-up. Establish a tracking system. Expenses@ -0- Lead Organization: City B.Research Specific Industry Communication Tactics I. Continue to investigate and join associations. 2.Update industry trade media list Expenses: -0- Lead Organization-. City C.Develop and Implement Tactics for Each Industry I. Media outreach, association outreach and trade show participation. Expenses: -0- Lead Organization: City D.Sustain and Nurture Existing Businesses in Temecula 1. Follow-up with Visitation Committee. Expenses- -0- Lead Organization-. City E.Welcoming Committee For Businesses Structure a welcoming committee for businesses that have relocated to the area. I .Mail relocation packet and other pertinent material on Temecula as a business plans its move. 8 (Selected Industry Outreach continued) 2.Once a business has made a commitment to the area, the committee will personally visit the new businesses welcoming them to the area. Expenses: -0- Lead Organization(s)- Chamber F.Temecula Host Comn-littee for the Republican National Convention Committee targeting the San Diego Republican National Convention market. The group will work with event planners on scheduling group arrangements to Temecula. Expenses: $5,000 Lead Organization(s)-. Temecula Host Committee for the Republican National Convention Ill. ReLyional Business Media Outreach Through opportunities created by tourism and successful business development efforts, there will be opportunities to bring a greater awareness of Temecula to business owners throuc,h the general business press. A.Press Materials I . Write background release, fact sheet, EDC release. 2. Determine "City approved" media materials. Expenses- -0- Lead Organization.- City B.Establish Working News Bureau 1 Respond to media inquiries and requests for information. 2.Continue to respond to editorial placement opportunities such as special supplements in the regional Business Journals. Update and maintain database of influential business media. 4.Generate articles regarding business development news in regional press. 5.Announce area research and data to media via Temecula Fast Fax. 6.Publicize individual company success stories to general media in region (four per year). 7. Reprints of articles for business press kits and direct mail pieces. Expenses@ $3,000 Lead Organization(s): City 9 IV.Real Estate Outreach A key audience for the City's business development efforts are commercial brokers, business relocation consultants and builders. These key publics assist business decision- makers with relocation needs and should have a strong and favorable opinion of the City of Temecula. A.Outreach to Commercial Brokers, Builders and Lenders I. Update list of influential brokers for EDC database. 2.Develop real estate specific press materials and communicate to audiences through media (two mailings). Expenses: $1,500 - City and $1,500 - Private Lead Organization: City B.Outreach to Business Relocation Consultants I. Update list from IEEP and add to business development database. 2.Establish protocol for City visits by specialists. Write editorial for trade magazines (two mailings). 4.Evaluate selected advertising. Expenses: -0- Lead Organization- City C.Real Estate Audience Newsletter 1.Receive news and information about new sites, land availability and costs in and around Temecula. 2.Work with local designer to create 2 - 4 page newsletter. -annually. Distribute to updated real estate database semi Expenses: $ 1,000 - City and $ 1,000 - Private Lead Organization: City V.Selected Advertising Research and recommend targeted advertising opportunities to reach the business community. All advertising will maintain a consistent and strong message on economic development for Temecula. A. Develop Print Ads 10 (Selected Advertising continued) I . Work with designer to draft up two industry-specific ads. 2. Reprints of print ads for press kits and direct mailings. Expenses@ $3,000 Lead Organization@ City B.Identify Advertising Venues and Buy Media Pursue media co-operative advertising buys with other area businesses and organizations to stretch Temecula's advertising budget. 1.Place ads in up to four relocation business supplements in San Diego, Orange and Los Angeles County Business Journals. 2.Place an ad in one specific industry trade magazine. Place an ad in one relocation magazine. Expenses-. $20,000 Lead Organization-. City VI.Community Relations In order to stay "business friendly", the economic development programs of the City as well as its marketing campalon, must be communicated clearly and positively to the businesses and citizens of Temecula. Their acceptance and buy-in will make both internal and external efforts easier to implement successfully. A.Schedule City Speaking Opportunities and Other Presentations to Professional Organizations I .Develop briefing presentation on the Importance of Economic Development, Tourism Outreach and the Marketin,, Campaign. 2.Schedule presentations to Chamber of Commerce, Rotary Club, OTTMA, Brokers, and Professional Organizations. Expenses- -0- Lead Organization-. City B@ Continue To Schedule Media Roundtables Invite local media representatives to media roundtables that feature the marketing committee and other local business leaders discussing marketing efforts for tourism and business development activities. Expenses: -0- (Community Relations continued) Lead Organization- City VII.Economic Conference Su@ort The 1997 Temecula Valley Econorru'c Conference will be an important opportunity to reach out directly to businesses which might relocate to Temecula. The senu'nar will also provide an opportunity to generate substantial media awareness of our efforts. A.Support '97 Regional Econorm'c Conference I. Write message points for Temecula speaker(s). 2.Create collateral material for event. 3.Heavily publicize event, with particular focus on Orange, San Diego and Los Angeles markets. 4.Coordinate VI[P invitations and direct mail effort. 5.Assist organizer with logistics. Expenses: $2,500 Lead Orcranization: City VIII.-Marketing Meetings (Business Develoi2ment and Tourism) Monthly marketing meetings will be scheduled with key tourism and business development representatives including the City, EDC, Chamber, OTTMA, Vintners Association, Balloon & Wine Representative and County of Riverside to share individual activities, network and strategize. 12 TOURISM MARKETING CAMPAIGN Outreach Materials An important part of the marketing campaign is an aggressive outreach to travel media, travel industry writers and travel industry professionals. Outreach will focus on establishing awareness with the travel industry along with establishing Temecula as a desirable destination for travel. A.Press Kit - Press kits to be used for information materials during familiarization tours, as handout to media at specific events and as part of an on-going public relations direct mail program, I .Update fact sheet, press releases, background features, direction maps, trivia quizzes and photo captions. Develop unique hook/pitch letter to better ensure placement of the materials when the kit is sent through the mail. Secure and duplicate photos, 4.Follow-up with all media who receive the kit, by phone and through written communication. 5. Assemble 500 kits, Expenses-. $2,500 Lead Organization@ City B.Old Town Temecula Mainstreet Association Special Events Brochure Old Town promotional brochure featuring various special events as the Rod Run and Western Days along with calendar of events. Expenses: -0- Sponsorship Lead Organization(s)-. OTTMA C.Old Town Temecula Mainstreet Association Walking Tour Map Yearly reprinting and revisions of the Old Town Walking Tour Map. Expenses-. -0- Sponsorship Lead Organization: OTTMA - maps. H.Media Relations Extensive media relations will continue to be an important outreach to achieve our goals of generating overnight visits and development of attendance for all Temecula events. Mailings and direct contact with regional consumer and travel media are included. A-Update and Maintain Media Lists IContinue to update and maintain a comprehensive media contact list that includes editors, publishers and/or writers from leading travel, lifestyle and business publications and newspapers. 2.Update and maintain list of contacts of California Visitors and Convention Bureaus, convention and meeting planners, travel agents, and tour/motor coach operators. Expenses- $1,500 Lead Organization: City B.Monthly Event Publicity 1.Research and write monthly event release, spotlighting two specific events. Research and write monthly calendar of events. 3.Research and write long lead calendar of events. 4.Press releases regarding people, places and amenities that make Temecula such a unique and desirable community (i.e. hiking in Santa Rosa Plateau, hot air ballooru'ng). 5. Distribute and follow-up with appropriate media. Expenses-. $5,000 Lead Organization@ City C.Respond to Media Inquiries Respond to phone calls and written inquiries from media regarding tourism and CD events. 1.Write and distribute letter to media to tell them of the number to call for information or materials. 2.Follow-up with key media to assure coverage of events and receipts of materials. Expenses: $1,500 Lead Organization- City 14 (Media Relations continued) D.Travel Media Outreach 1.Update list of key regional and national travel publications and w nters. 2.Distribute press kit with pitch letter. 3.Research topics (golf vacations, romantic getaways, 'azz weekends). 4.Write three additional pitch letters and material. Expenses: $2,500 Lead Organization: City E.Tourist Guidebook Outreach Guide books tourists use in planning their itineraries in Southern California. 1.Identify appropriate guide books including those issued by the State of California, Automobile Clubs, Commercial Publishers and In-Hotel Room Publications. 2.Write and distribute copy about various Temecula attractions, events, activities and it's history. Expenses: $500 Lead Organization-. City F.Tourism Industry Newsletter A newsletter targeted to regional and national travel and tour operators. I. Research and write four page quarterly newsletter. 2.Assist designer with creative ideas. 3 . Develop industry database and mail quarterly. 4. Obtain sponsors for newsletter. Expenses.- $4,000 Lead Organization: City G.Long-lead Event Calendar 1.Research upcoming events. Produce long-lead calendar. Mail calendar every six months to long-lead consumer and tourism trade 1 5 (Media Relations continued) media and designated media planners. Expenses: $1,000 Lead Organization: City H.Media Familiarization Tours 1.Develop media list for invitation to Fam Tour (four per year) and mail. 2.Develop invitation letter. 3.Establish itinerary, lodging and transportation. 4.Work with local hotels, restaurants and wineries for sponsorships. 5. Plan media days for special events. Expenses-. $2,000 Lead Organization: City 1. Cable/Public Access Identify and exploit all regional and cable opportunities for exposure regarding Temecula tourism. I . Send calendar of special events monthly, 2.Coordinate spokespersons for cable programs when opportunities arise. Utilize all means available to secure a commitment from a major regional television program to have the show broadcast for a limited time period from Temecula. Expenses-. $500 Lead Organization: City J. Visitors Guide I .Reprint the 48 page 1996 visitor guide that represents all the tourism aspects of Temecula. Expenses: -0- Lead Organization-. Chamber 16 (Media Relations continued) IH.Travel Industry Outreach An outreach campaign will be conducted to the travel industry, primarily focusing on industry segments as: convention and meeting planners, travel agents, tour associations, and bus/motor coach operations. Efforts will be made to partner with San Diego, Los Angeles, and Orange County entities when possible. A.Industry Mailings I. Identify lists of specific industry individuals and media. 2.Prepare material and distribute. 3. Follow-up. Expenses: $1,500 Lead Organization-. City B.Trade Show Participation 1.Identify two tourism trade shows to participate in (tour association meetine, and group tour planners, consumer tourism). Coordinate City involvement and logistics. Expenses: $3,000 Lead Organization: Chamber IV.Selected Advertising Research and recommend targeted advertising opportunities to reach the tourism industry. .kfl advertising will maintain a consistent and strong messaoe on tourism for Temecula. A.Develop Print Ads I. Work with designer to develop two tourism-specific ads. 2.Reprints of print ads for press kits and direct mailings. Expenses: $2,000 Lead Organization-. City B.Identify Advertising Venues and Buy Media Pursue media co-operative advertising buys with other area organizations to stretch Temecula's advertising budget. 17 (Selected Advertising continued) I . Place ads in three tourism industry trade publications. Expenses: $15,000 Lead Organization: City V.Marketing Workshops These workshops will consist of two public relations and advertising workshops for Temecula small businesses and merchants to use in furthering their individual marketing efforts. A.City of Temecula Marketing Workshops I. Small Business Development a.Coordinate subject matter with Chamber and OTTMA. b.Develop overheads and handouts for group. C. Lead interactive workshop. Expenses@ -0- Lead Organization-. Chamber VI.Integrated Marketing Tactics A strong effort will be made to reach business decision-makers who are visiting Temecula as tourists to bring awareness of business opportunities in the area. The projects listed can c,reatly enhance the synergy of both economic development and tourism marketing activities. A.Produce table tents with economic development message points to be placed on tables of local restaurants. B.Tag tourism advertisements with econorm'c development messages. C.Establish EDC information booth at all Temecula special events. Expenses-. $1,000 Lead Organization-. City 18 VII.Sponsored Items A.Tourism Site on World Wide Web I. Update material and add to existing site. 2.Maintain a linkage of all Temecula Internet sites, and produce additional sites where warranted. 3.Establish a tracking svstem to be put in place on the sites to properly measure interest (hits). Expenses: -0- Lead Organization(s): EDC and Chamber VIII. Services A.Rack Service Target area for tourism rack piece is the San Diego market. Focus this year on the Republican National Convention and the Super Bowl. Expenses: $4,000 Lead Orcanization: City 19 BUDGET SUMMARY BUSINESS DEVELOPMENT Tactic Fees Expen. Organ. Economic Development@ Outreach Materials I -A Business Development Kit -0- -0- City I -B Demographic Book -0- $ 1,000 city I -C Business Brochure -0- $ 5,000 city I -D Business Testimonial Piece -0- $ 3,000 City I -E BRAG Small Business Mailer -0- $ 2,000 OTTMA/BRAG I -F BRAG Folder Kit -0- $ 1,000 OTTMA/BRAG I -G Photocraphy Library -0- $ 4,000 city I -H Trade Booth -0- $ 3,000 City Selected Industry Outreach -0- City ?-- F Temecula RNC Host Committee -0- $ 5,000 N/A Rec)lonal Business Media Outreach ity )-A Press Materials -0- -0- C' City )-B Maintain Public Relations Program -0- 3,000 Real Estate Outreach 4-A Outreach to Commercial Brokers, Builders and Lenders -0- 1,500 City 4-B Outreach to Business Relocation -0- -0- city Consultants 4-C Newsletter -0- $ 1,000 City Selected Advertising 5-A Print Ads -0- $ 3,000 City 5-B Advertising -0- $20,000 City Community Relations -0- City Economic Conference Support $ 2,500 City TOTALS -0- $55,000 20 BUDGET SUMMARY TOURISM Tactic Fees Expen. Organ. Tourism: Outreach Materials I -A Press Kit -0- $ 2,500 Citv I -B Old Town Special Events Brochure -0- -0- OTTMA I -C Old Town Map -0- -0- OTTMA Media Relations @-A Media Lists -0- $ 1,500 cltv -B Monthly Publicity -0- $ 5,000 city @-C Media Response -0- $ 1,500 City 2-D Travel Media Outreach -0- $ 2,500 City @-E Tourist Guidebook -0- $ 500 City '?-F Newsletter -0- $ 4,000 City @-G Event Calendar -0- $ 1,000 Citv 2-H Fam Tours -0- $ 1-1,000 cltv '?-I Cable/Public Access -0- $500 city -J Visitors Guide -0- -0- Chamber Travel Outreach 1 ings )-A Mail' -0- $ 1,500 city )-B Trade Show Participation -0- $-,),000 Chamber Selected Advertisincy 4-A Print Ads -0- $ 2,000 cltv 4-B Advertisin(i -0- $15,000 City Marketinc, Workshops -0- -0- Chamber/EDC Marketincr Tactics -0- $1,000 City Sponsored Items -0- -0- EDC/Chamber Services -0- $ 4,000 City TOTALS -0- $47,500 21 CHAMBER OF COMAffiRCE FUI\TIDING REQUEST FY97 ATTACHN4ENT C 27450 Ynez Rd., Sutte 104 Temecula, CA 92591 Phone (909) 676-5090 - Fax (909) 694-0201 roe FaLmE July 30, 1996 Mayor Karel Lindemans City of Temecula 43174 Business Park Drive Temecula, CA 92590 Dear Mayor Lindemans: Enclosed please find our 1995/96 budget, a current financial statement as of March 3 1, 1996, a September 30, 1995 Fiscal Year-end financial statement, an annual activity comparison and a description of "Services Provided to the City". The City Council has recognized the Chamber's contributions to the city for the past four years by contracting $45,000. As you can see in our current budget, the Board of Directors again budgeted $45,000. However, due to the city's new marketing efforts, the positive response as a result to these efforts and the increase in services provided to the city, we are requesting additional funding. Our initial request presented to city staff in April, 1996 was a total of $83,000. After receiving the marketing plan from city staff, we incorporated the Chamber's additional responsibilities into our initial plan which resulted in a total request of $100,234. Services provided to the city by the Chamber in 1995 were estimated at $122,400. The city's expenditure of $45,000 represented 37% of the total amount. This year, at a total of $3 03,740 provided, we are requesting just .3 3 % to be paid by the city. The increase in our requested amount will ensure the Chamber's goal; to provide the best possible services to the community, visitors, potential residents as well as potential businesses. It is due to the Chamber's fund-raising efforts that we can provide services to the city at a fraction of the cost. As reflected in our financial statements, our fund-raising efforts have been overwhelmingly successful which is why we are only requesting 33% of the total cost. We look forward to our continued joint efforts. Sincerely, Sparkman President ACTIVITY RATES 14,000- 12,000- 00, od Ad io,ooo- ooo,- 001- OTOURISMCALLS 8,000- RELOCATION 6,000_ 0001- OTHER CALLS 4,000- 00- EWALK4NS 2,000- 000, MAILINGS pp 0 1993 Qtr. 1994 I St citr. 1995 1 Qtr. 1996 RATE OF INCREASE FROM 1993 TO 1996 TOURISM CALLS 31.9% RELOCATION 48% OTHER CALLS 86.8% WALK-INS 44% MAILINGS 42.9% Services Provided to the City (Detailed) TOURISM The Temecula Valley Chamber of Commerce Tounsm Conmiittee is comprised of volunteers from tourist related entities in the community such as the wineries, Old Town, Nature Conservancy, hotels, and m=urants. The committee continues to strive to promote the tourism industry in Temecula. Visitor Guides - An updated guide is currently available in several local businesses that have high tourist traffic, the satellite visitor centers, and at all local major events. In addition, the Chamber mails the guide to individuals requesting tourist information. As a result of the city's marketing campaign, our current stock on the guides is much lower than anticipated. In Fthruary, 1996 as a direct result of an ad in the Los Angeles Times, over 1,000 guides were mailed to interested individuals. Satellite Visitor Centers - Due to the success of the original two centers, three more have been added to ensure easy access to visitors e@ting either Rancho California Road or Winchester Road from the I- 1 5. The centers provide weekend visitors with a visitor guide, demographics and/or relocation information. Postage/Printed materials - As a result of the city's marketing efforts there has been an obvious increase in postage and printing of materials such as housing tracts, schools, realtors, demographics, employment opportunities, apartment rentals, and other specific requests. Balloon & Wine Tourism Tent - The success of this opportwiity to showcase Temecula could not be realized without the e@se of many. A separate mmittee meets regularly to coordinate activities within the tent which focus on providing the visitor with enough information on Temecula to entice them to return for a visit or even consider Temecula for their home or business. Visitor Outreach - The Tourism Committee brainstormed the fine idea of providing tour groups coming in from out of the area or sports related groups that are here for a tournament with "goodie bags" full of information and goodies from Temecula. The goal is to ensure that these individuals are aware of ALL the tourist aspects of Tem@ so that they will return in the future. Press Kits - The ldts were coordinated by the Tourism Committee in 1995 and include press releases on the wine industry, hot air ballooning, Old Town, the Santa Rosa Plateau, go@, micro-breweries, Balloon & Wine Festival, Tractor Races, Rod Run and more. The kits are used by the city to send to the media. Internet - Tourist Information - Ifformation on all tourist aspects of the city are available worldwide. The website address is WWW.TEMECULA.ORG 800# - Currently the Chamber is in the process of acquiring an 800# which will be printed in all media releases and tourist related brochures to encourage potential visitors to call at no charge. Marketing Conunittee Participation - Chamber staff actively participates in the Marketing Committee and attends monthly meetings held at least monthly at the City. 3 COMMUNITY INFORMATION Pictorial - An ulaated pictorial is scheduled for 1996! This comprehensive guide provides a profile of business and industry, medical and health services, lifestyle and real estate, education, rtation, shopping, arts and culture, mmtion, and city and,county resources. Walk-iwTclgphone Tmffic - The Chamber is dedicated to providing quality, professional service. See attached Activity Reports and note increase in activity from 1995 to 1996. @s - An updated map is scheduled to be ready for distribution by May, 1996. Relocation Packets - The relocation packet has pmved to be a valuable asset to anyone interested in moving to Temecula. It is used by many local manufacturers to assist their employees that are relocating to the -area. It includes infomiation on schools, utilities, city and govermment offices, law enforcement, hospitals, climate, and a community pmfile. Demoglgphic Information -Me Chamber les, customizes, and distributes current information including census, community @ figures, demographic studies, and an economic profile from Riverside County, the State of California and the Economic Development Corporation. S@al Events - The Chamber 'makes it their busin@" to provide @s on all special events to interested caflers. Tnstead of refening the caller to make another call to obtain the information, Chamber @ will provide the caller with as much information as possible. @ is y Lmportant for events such as Balloon & Wine, Rod Run, Taste of the Valley, Arts Festival and Tractor Races. Calendar of Events - Staff interacts with all groups and organizations to keep a current community calendar for all events planned in the community. Internet (Relocation/Calendar/Schools - AU printed information distributed is now available on the intemet CITY PROMOTIONS Shop Temecula First Cam@aigg - Due to the success of the 1995 campaign, the Local Business Promotions Committee is coordinating two campaigns in 1996. The campaign promotes shopping locally and gives residents awareness of the availabflity of products and services in our own community while keeping tax dollars in the community. Business Showcases - Two times per year local businesses have the opportunity to introduce their products and services to the- community. @ery ShopMr Cam@gn - Each month, the Local Business Promotions Committee sends out Mystery Shoppers to loml businesses. The business with the highest points wins the Mystery Shopper award. This provides awareness to the community as well as to the businesses. Chn 4h of July Float - Floats are decorated and displayed to encourage folks to shop locally. Internet - Local Businesses - An entire list of Chamber Members (over 900) is available worldwide through the intemet. Marketing Seminars - These seminars are fi-ee to local business owners and managers and focus on providing them with tips on Customer Service. Any interested businesses can request an evaluation on their businesses which includes a "shopper" who will provide the business with specific @ts of their visit. This service will encourage local businesses to train their employees to provide the best possible service. 4 State of the City Luncheon - A luncheon is coordinated to provide the Nbyor of Tem=k an oppo@ty to showcase the City's plm for the year. EDUCATION-GOVERNMENTAL Registry - The Chamber's Education Committee p the fu-st registry in 1995 and the 1996 edition wW be available for distribution 'm May, 1996. The registry is a valuable resource to educators and students. It provides information on businesses that have committed to participate in various pmgrams such as Career Days, Job Shadowing, Job Expomm, Mentorship Progmms, Speakers and Nbterial Contributions. Scholarships - The Chamber awards scholarships to graduating high school students each year. Student of the Month - This pmgram recognizes two students from each of the three local high schools each month. School Promotions Brochure - The Education Committee is currently preparing a brochure that will be distributed to potential residents. Issue Awareness - @ relating to business are reviewed by the Governmental Action Committee and when necessary a position is taken. The committees positions are published in local newspapers as well as in the monthly newsletter. 5 27450 Ynez Rd., Sufte 104 Temecula, CA 92591 Phone (909) 676-5090 - Fax (909) 694-0201 IV" TWE FtsT "ROG CITY CONTRACT HISTORY Services Provided Ciiy Contract % of Services Paid by Cily 1993 $ 651,000 $4511000 69% 1994 $103@100 $453000 44% 1995 $122@400 $45@000 37% 1996 $303@740 $1003234 33% city Educ/Govt Pronio. 6% 13% Econ Dev coffwm 2% Info 29% Tourion 50% Services Provided to the City Total % Tourism 1539800 50% Visitor Guides 67,500 Satellite Visitor Centers (5) 41,600 Press Kits 15,000 Postage/Printed materials 10,000 Intemet-Tourist Information 7,500 Visitor Outreach 5,250 Long Lead Event Calendar 2,000 Media Fam Tours 1,000 Trade Show Participation 1,000 City of Temecula Marketing Workshops 1,000 Balloon & Wine Tourism Tent 1,000 Tourism Industry Newsletter 500 Marketing Committee Participation 450 7 Community Information 871,600 29% Pictorial 30,000 Walk-in/Telephone Traffic 231-600 Maps 20,000 Relocation Packets 4,000 Demographic Infon-nation 3,000 Special Events 3,000 Calendar of Events 2,000 Internet - Relocation/Calendar/Schools' 2,000 City Promotions 389290 13% Shop Temecula First Campaigns (2) 27,450 Business Showcases (2) 2,000 Mystery Shopper Campaign 1,940 Holiday Lights/4th of July Float 1,000 Internet - Local Businesses 3,000 Marketing Seminars (Customer Service) 2,000 State of the City luncheon 900 Education/Government 169800 6% Registry 4,000 Scholarships 4,000 Student of the Month 4,000 School Promotions Brochure 3,000 Issue Awareness 1,000 Economic Development Marketing Campaign 79250 2% Review EDC research of Temecula companies 2,500 Sustain existing Temecula business 1,500 Temecula Host Committee for RNC 1,000 Schedule City Speaking Opportunities 1,000 Welcoming Committee 750 Support '97 Regional Economic Conference 500 GRAND TOTAL 3039740 FUND-RAISING IUSTORY 1992 1993 1994 1995 $42,784 $48,972 $52,225 $631,760 1996 (L3udgeted) 1996 ftojec e@d $53,300 $72,300 MEMBERSHIP HISTORY RENEWALS 1992 1993 1994 1995 $92,201 $81,972 $862350 $107,933 1996 (L3udgeted) $107,800 NEW MEN4]BERS 1992 1993 1994 1995 $22,995 $141,950 $181)330 $31@660 1996 (L3udgeted) 1996@o ected) $22@500 $281,000 10 OPERATING EXPENSES HISTORY 1992 1993 1994 1995 $182,587 $198,387 $208,971 $236,372 1996 (Budgeted) $263,626 11 CHAMBER OF COMNERCE CITY CONTRACTS ANA]HEIN4 VISITOR & CONVENTION BUREAU Receives I 1.1% of the TOT collected. Anticipated to receive $455,100 this year. BUENA PARK Receives $36,000 DURANGO, COLORADO C ER OF COMAffiRCE Receives over $700,000 for tourism related services. GREATER RIVERSIDE C ER OF CO RCE Receives $173,500 to provide programs such as EDC, Mayor Assistant, Riverside Against Taggers, Keep Riverside Clean, Special Inquiries, and Program Riverside. TA C ER OF CO RCE Will be requesting $50,000 to $60,000 this year. SAN CLEUENTE C ER OF CO RCE Receives a percentage of TOT (unable to give amount). WIUTTIER CHAUBER OF CO RCE Receives $3 1,000 for the last IO years. May 1, 1996 12 0 0 8 9 9 0 0 0 0 0 0 0 0 0 o a o c 00 0 0 0o 00 0 0 0 0 0 0 0 0 -1 0 0 0 c E0 c c -0 > 3C 3 0 c o c m .3 g 2 Qm 3 0 0 E m 0 0 1c- C OQ 0 a C 43 -Z ol >-1 0 :: ID .2 0 CL 2 a c 0 3 0 D 0 0 0 C; 1 c, 0 0 0 0 - - - - - - - - - - - 0 0 . . . - - - - - - -- -- . . . . . . . . . . . . . o o . . . . . . . . . . . . . - - - - - -- -- - - - . . . . . . . . . . . . - -- - - - - - - - 0 0 0 Q :2 !R a o CL a c 00 CT c 0 o c 0 00 10 IC 0 c ECONOMIC DEVELOPNffiNT CORPORATION FY97 FUNDING REQUEST ATTAC@IIENT D Development Corpo@tion Teniec ila filter June 19, 1996 Honorable City Council Members City of Temecula 43174 business Park DTive Temecula, California 92590 RE:Activities and 1996-97 Forecast of the Temecula Valley Economic Development Corporation Dear Council Members, The Board of Directors of the Temecula Valley Economic Development Corporation is pleased to report on the following progress and successes of the TV'F-DC in partnership Nvith the City of Temecula for the fiscal period beginning I July 1995 through 15 June 1996. This report includes the activities, strategic planning for 1996-1997, and the budgets. Sincerely, Robert Kirkpatric President Enclosures P.O@ Box138,@ - TciTlecu la. CA92593-1388 - Office 909/695-5130 - FAX 909/695-5126 1-800-325-5421 - E-,@,lai I: d Iran k (a-, t%edc.oi@., Li _:i - - - - - - - - - - - - - - - - -- - - DE-@ c TEMECULA VALLEY REPORT OF TVEDC ACTIVITIES 1 JULY 1995 THROUGH 15 JUNE 1996 TVEDC ACCOINIPLISHMENTS 0STRATEGIC P@N WAS DEVELOPED NVITH GOALS AND OBJECTIVES FOR TEOE YEAR. This is being foDoNN,ed and all programs have been implemented or are in the plannin- --,tace. 0STAFF: Staff was augmented by the addition of Maryann Edwards who brought private sector marketinc, exteiience to the organization. Periodically du@ig the year, when available, intems from UCR-'.,%ISJC, TVHS, and ROP programs were used to assist Aith projects. 0"TE-,NIECULA, CITY NVITH A N@-ISION" AIEDIA INSERT: This twelve pa-,e insert ,N,as developed by TVEDC and distributed to 75,000 businesses in cooperation with the San Die-o Business Journal. An additional 5000 were retained by TVEDC for marl-etiu- distribution purposes. :D 0INTERN-ET, TEINIECULA HOI\IE PAGE: The Temecula presentation was extensively revised and can now be seen via the Internet at the fouo,,king address: http/NN,N%,w.temeculaedc.com/t-%,edc/ (taking you directly to this service). The presentation allows research from the clobal down to the very specific and includes detailed economic/demographic data as well as the softer side of Temecula. The Internet won a prestio-ious national award in 1996 (see Awards Section). 0LNTEILNATIONAJL TR-A-DE: KnoNNinc, that International Trade pro-%ides growth for the re--ional economy, the TVEDC in association ,Nith Riverside Community College District and ED>Net, has established consulting services for expoi-tinc, with Richard Powell serving as International Trade Consultant. Services are available six times monthly at TVEDC offices. Additionally TVEDC remains a designated support office and location for the National Trade Databank, in conjunction Aith the Inland Empire District Export Assistance Center of the United States Department of Commerce International Trade Administration, U.S. & Foreign Commercial service. TVEDC also hosted International Trade Groups to Temecula as part of economic expansion and development of the area, and remains an active member of the @and Empire International Business Association. 0"S7*@L BUSINESS SUCCESS" PARTNTERSBEIP PROGRAAI: The TVEDC and Mt. San Jacinto Community College jointly presented a seven (7) course program for small and medium sized businesses to improve their business success. The programs were held at Mt. San Jacinto Community College campus. Page 2 TVEDC ACCOMPLISHMENTS (Cont.) 0CREATION OF CD-ROlkl: TVEDC developed and produced a CD-Rom presenting Temecula as a citar. Tle CD includes demographics, the community, tourisia entertainment, i-nqnufacturffi-, recreation, and oncoing projects such as the Old Town Entertainment Project. The CD-Rom won a prestigious national aa,ard (see awards section this report). 0OLD TONVN EN'TERT@tEiN-T PROJECT: TVEDC members and staff continue involvement in the Old Town Entertainment project. This ANill brin- 2,500 jobs to the area, revitalize Old Town and greatly improve the economy of southwest Riverside County. 0FRENCH VALLEY AIRPORT: TVEDC members and staff continued to,.N,ork with, and support the expansion and development of this general aviation airport, and worked with county and city officials to accomplish this -oal. TVEDC also provides an information center re-arding Temecula at this location. 0TEAAI CALIEFOR.N-IA: Frofessional staff continued to work,%Nith TeamCalifornia, the economic development marketin- arm of the State of California, to develop marketing sources for Temecula and the region. Additionally the Executive Director of TVEDC served on the Marketin- Committee of TeamCalifomia. ùBUS@SS ACCO'.NIPLISIEDIEN'TS: TVEDC staff and officers have participated in a number of business attraction and business retention projects with successfid outcomes. A few notable examples are: lkl[AG,N'ECOINIP: This manufac@' 9 company, the world's second largest rn.qnufacturer of CD-Rom assemblies contemplated relocation in Oran-e or Los Angeles County. Through the efforts of the TVEDC, its members, and the City, the company purchased a 100,000+ sq. ft. building in Temecula and will operate with an initial staff of 300 employees ranging from high tech engineers to assembly persons. TVEDCA,orkedexten@,ely@thMagnecompregardingfacility improvements and accepted more than 700 applications on behalf of Magnecomp for the companies initial hiring. LITTLE PROFESSOR BOOKSTORE: This retail operation @iH be the first bookstore in Temecula in the last several years. 'Me store is locating from Chino and through the efforts of the TVEDC, its member, and the City, the store is opening ,Nith fifteen employees and provide sales tax generation. TVEDC worked extensively with Little Professor regarding tenant improvements, staffing, and tenaiit/landlord challenges. Page 3 TVEDC ACCOMPLISHMENTS (Cont.) ADVANCED CH]EIKULL SYSTEIKIS: E)Tansion of ACS and the addition of employees was a joint effort bet,,N-een ACS and the TVEDC, along with the TVEDC's partner, the City of Temecula. ACS extects staff to reach 70 employees or double the size of its original staffing back in first quarter 1995. 'fhe TVF-DC worked closely,,Nith, and received outstanding cooperation and assistance fro@ City of Temecula Building and Safety regarding this project. HEALTH ZONE: This small retail operation was planning on relocating in Mul-rieta. With TVEDC invoh-ement they were retained in Temecula, and with joint efforts from the City they,%N-cre provided financial assistance. PLA.INT EQUIEPNIENT: Plant Equipment and its 145 employees was considering relocatin- to Me-zco, other areas of California, or Arizona. The TVEDC and its member met,%,,ith Plant Equipment and retained them in Temecula. AWARDS: The TVEDC, its professional staff and members, were honoredaith several prestigious National, Recrional, and Local anvards or honors, in recognition of their outstanding performance in economic development and international trade. Awards and honors included: American Economic Development CouncU's "Best of Class" A,",ard: The TVEDC Community Profile (Demographics) packacye received Best in the Nation for an EDC (and City) of its size in competition a;,ainst economic development organizations from 50 other states. American Economic Development Council's "Best of Class" AN,,,ard: -Me TVEDC Temecula Internet Presentation received Best in the Nation for an EDC (and City) of its size in competition against economic development organizations from 50 other states. American Economic Development Councills "Superior" AA,ard: The TVEDC CD-Rom Presentation received Second Best in the Nation for an EDC (and City) of its size in competition a-ainst economic development organizations from 50 other states. TVEDC Named One of Top 10 EDCS: The Los Angeles Business Council (a group of 20 top business leaders in Los Angeles County) promotin- economic m development in Southern California named TVEDC on of the top EDCs in February 1996. Page 4 TVEDC ACCOMPLISHMENTS (Cont.) TVEDC Honored as "The Leading EDC for Promoting International Trade": The U.S. Department of Commerce, U.S. District ExTort Assistance Center, designated TVEDC as one of the leading EDCs for promoting International Trade, received March 1996 to be presented May 23, 1996. Page 5 ..t ' TVEDC ACTIVITY REPORT 1995-1996 Page 6 D-A TEMECULA VALLEY REPORT OF TVEDC ACTIVITIES I JULY 1995 THROUGH 15 J 1996 JOBS CREATED OR RETAINED (See detail) 0 CONVANIES/BUSINESSES ATTRACTED TO TEMECULA '355 JOBS 0 BUSINESSES RETAINED 165 JOBS 0 BUSINESS EXPANSION 95 JOBS 0 TOTAL JOBS CREATED OR RETAINED 615 JOBS (Not Adjusted for Job Multiplier) PROGRAAIS PRESENTED TO TBE COMMUNITY ùEN@PRENTEURLAL WORKSHOP SERIIES 1996, Coordinated with MSJC ùREVISED AND UPGRADED NATIONAIL TRADE DATA BANK for Temecula Valley OPENIED @ERNATIONAL EXPORT/IMPORT COUNSELING OFFICE at TVEDC through a Grant fi7om ED>Net (Califomia Community College District) covering Business Planning, Market Research, Intemational Market Entry 7 PROGRAMS PRESENTED TO THE COMMUNITY (Cont.) 0Strategies, Foreign Market Data, and Foreign Trade Development, 30 monthly contacts. ùQUARTERLY LUNCHEONS con,ering: (1) International Trade, (2) Economic Forecasts, ('3) Tourism as an Industry in California and Temecula, (4) Agri- business and Manufacturing Industries in Temecula. ùREVISED AND UPDATED DEMOGRAPHICS PROFILE of Temecula developed by TVEDC stafe ùCITY OF TEMECULA INTERNET HOME PAGE, revised to include tourism and "softer side" of Temecula by TVEDC staff, 800-1500 viewers weekly. 0 TEAI[ECULA, "CM WITH A VISION", 12 page insert in San Diego Business Journal reaching 75,000 people. 7,000 additional copies available for distribution 0at trade shows and through direct mail 0TVEDC CREATED CD-ROI%L for Temecula to be used as marketing tool in Temecula and throughout the nation. a QUARTERLY REAL ESTATE DATA BASE of available CommerciaVhdustrial Properties developed by TVEDC. 0 FIFTEEN FORMAL SPEAKING ENGAGEMENTS with community interest groups. 0 CREATED AND HOSTED MAIN CHINA INTERNATIONAL TOUR GROUP of real estate investors, heavy construction ministers, and government dignitaries to inspect Temecula as a growth city with planned infrastructure. 0Additional invitation extended to People's Republic of China Department of the Economy in conjunction with the U.S. Department of Trade and Commerce. BUSMESS ATTRACTION EFFORTS ùATTENDED FWE TRADE SHOWS, representing bio-medical bio-tech, specialized electronics and computerized electronics. ùONGOING MAIL SOLICITATION PROGRAM covering potential companies in industries suitable for Temecula in response to telephone inquiries, trade shows and other lead sources. 8 BUS@SS ATTRACTION (Cont) Two (2) direct mail pieces completed: a.Real Estate Brokers/Developers direct mail b.Four-color testimonial direct mail piece. ùELECTRONIC MEDILA T@G @ joint partnership effort Riverside County EDA. ùSAN DIEGO BUSINESS JOURN.@ direct mail insert to 75,000 business readers. ùBRAG PROGRAM for Old Town Temecula to attract retail businesses to Temecula. ùWORKEDWITHOVIER159businesses-July.1995-Mayl996. VISITATIONS AND RETENTION o ONGOING VISITATIONS with businesses in Temecula to determine their needs, challenges, and future plans. Current visitations for fiscal year total 68. Fourteen TVEDC volunteers serve on the committee and .isitations done on team basis with two members per team Visitations that became retentions included but not @ed to Plant Equipment and Health Zone. @USTRL4,L CO TEE 0 DEVELOPED A PROGRAM in cooperation with the City to have buidders pursue build to suit and spec buildings, having preliminary approval from the City in advance. PURPOSE:To recruit businesses and have a source of buildings for that recruitment to build within 120-day time period. Compensates for lack of built-out inventory. Industrial Committee Formed. Currently working with Solano Development and Bycor Corporation to secure build-to-suit facilities for clients. EX]PEDITING WORKED WITH FOURTEEN (14) RELOCATING AND EXISTING companies in nine month period to assist in their construction, TI, development needs. Included working with architects, engineers, city, fire and safety 9 EXPEDITING (Cont.) 0officials. Sample companies in 1995-1996 included Magnecoi-np, Advanced Chemill Systems, Health Zone, %@'estern Metal Fabricators, Little Professor Book Store and Dispoi-ned. *CONT@UES TO RENUW ON BEHALF OF.NIE--NIBERS/BUS@ESSES chan2es or new proposals recardin- construction and/or fee requirements such as Developmental Impact Fees issues. Ongoin- reN,-ieN\,s and recommendations to appropriate City elected or professional staff based on TVEDC findings. AWARI)S A.ND HONORS RECEIVED BY TVEDC ùTNREDC DE-,NIOGR--tPHICS PACK-TGE RECEIN,7ED "BEST OF CLASS" in nation (50 states) or FIRST PLACE IN NATION based on EDC/City size from Ai-nerican Economic Development Council national contest, March 1996; ùTN;'EDC @TER-N-ET HO'.NIE PAGE RECEINED "BEST OF CLASS" in nation (50 states) or FIRST PLACE IN NATION based on EDC/City size from American Economic Development Council national contest, March 1996; ùTN7EDC CD-RO.NI RECEI'N'ED "SL-PERIOR" in nation (50 states) or SECOND PLACE IN NATION based on EDC/City size from American Economic Development Council national contest, March 1996; *TVEDC NA.NIED ONE OF TOP 10 EDC's by Los AnLyeles Business Council (a group of 20 top business leaders in Los Anp-eles County) promoting economic development in Southern California, February 1996. ùTVEDC HONORED AS "A LEADING EDC FOR PRONIOT@G INTERNATIONAL TR--tDEIII, by U.S. Department of Commerce, U.S. District Export Assistance Center. .INIARKETING 0 The TN7EDC is acti-*,ely invol-,,ed in Temecula's economic development and has developed on-going public relations and promotional/marketing strategy. The T%,EDC has been extremely 2cti,%,e in the City of Temecula Marketing Committee. I 0 .NIARKETI,NG (Cont.) Since the City has acreed to the TN-EDC's leadership in the City of Teinecula's marketing sti-ate@,, the TVEDC's extensin,e backaound and kno,.N,Ied2e of political coi-ni-nunications and political structuring, as well as involvement in all areas of the comi-nunity, NNIII be used effectin,ely to make the City's marketing strategy successful. Public Relations and Ad,%7ertisincy Campai-ans N-%ill continue to focus on economic development, business recruitment, the tourism industry, and other foals shared by the City of Temecula and T%--EDC. Such campaigns have received publicity in National, State, Multi-County, and Local media. CATEGORIZED BUSLNESS ACTI'NIITY CATEGORYI:ATTR--KCTED TO TE'-NfECL7LA, -1995-1996 CONTANY PREVIOUSLY LOCATED EMPLOYEES Magnecomp Brea 00 Little Professor Bookstore Chino 15 Dispomed LA County 40 TOTAL 355 (If Standard Job Multiplier were applied for the appropriate category used, there would be even broader impact, for purposes of simplicity only the actual number of employees was used for purposes of this report). CATEGORY 2: BU@SLN-ESS RETAINED, 1995-1996 COMPANY PREVIOUS PROBLEM EMPLOYEES Plant Equipment Inc. Considered Relocating 145 Health Zone Considered Relocating-Murrieta 15 Medical Tech. Supplies Considered Relocating 5 TOTAL 165 CATEGORY 3: BUSMESS EXPANSION, 1995-1996 COMPANY EMPLOYEES Advanced ChemiU Systems 45 Medical Technology Supplies 5 AMSCAN 45 TOTAL 95 CATEGORY 4: RECRU]ITMENT COSTS vs N7EW SALARIES GENERATED #JOBS UW COST per @ S FM.S JOB G JOB G TAL 1995-96 615 S244.09 $15K min. S9,225,000 1994-95 639 S192.97 SI 5K min. S9,585,000 AL REPORT OF MSTORICAL DATA - JOBS ATTRACTED 2 FY COM13WED TYPE JOBS %1994-95 %1995-96 BUSINESSES ATTRACTED 625 JOBS 43% 57% BUSINESSES RETAINED '@40 JOBS 56% 44% BUSINESS EXPANSION 272 JOBS 65% 54% TOTAL COMBWED 1237 JOBS 52% 48% MENMERSBEIP Ile Temecula business and professional community has been financially supportive of TVEDC efforts. The TVEDC 1995/1996 membership campaign continues to recruit. Current membership is now 99. Even with the recruitment of new members, we feel that every business in the community can utilize TVEDC services. Our membership campaign continues to include: 1.VISITATIONS 2. ACTIVE CO INVOLVEMENT as a means of informing local businesses/professionals of the benefits of economic development. 3.TVF-DC MEMBERS and professional staff recruiting new members. 4.CONMSSIONED PROFESSIONAL recruiting new members on an ongoing basis. Although the membership campaign has been successful this report would be remiss in failing to acknowledge there have been memberships which have been (iimini-,hed/ lost for 1 2 various reasons. These losses have had a noticeable negative financial impact on the TVEDC. Reasons for diminished or lost memberships include: 1.Member ceased doina business. 2.Reduced dollar amount of membership because of company financial challenges. 3.A plethora of varied reasons, primarily: "Economic development doesn't impact my business"; 'I don't care what happens to the economy of the c@'; "The city fimds the EDC"; "ne City, the EDC, and the Chamber never shop Temecula first". Through the membership campaign, special events fimd raising, and visitation efforts, the TVEDC has improved its flmding base, but to continue efforts on behalf of the city, businesses of all types, and citizens of the community, the TVEDC requires a $70,000 investment from the City to augment TVEDC operations and private funding sources. F@RAISING In the TVEDC's efforts to expand operations and community efforts, the TVEDC has produced its second annual golf tournament. Due to the assistance of n34ny people in the community, the first annual tournament raised approximately $15,000; the second, $21,000. Tle 1996 TVEDC Golf Tournament was held at Bear Creek Golf Club. Bear Creek has joined the TVEDC as a corporate member with one Board of Directors seat in exchange for hosting the golf tournament. TVEDC WM continue to have fimdraising events in the 96-97 fiscal year in order to augment current revenue sources. 13-14 'D'VSULTS OF THE CITY'S WWSTMENT IN THE TVEDC THE CITY'S PRIEVIOUS STI%IENT IN THE TVEDC HAS BEEN AND WIILL BE RETURNED IN THE FORM OF: 0 Jobs and Potential Tax Revenues ùThe Retention and Expansion of Existing Businesses, including Job Multipliers. THE TVEDC, ON BEHALF OF THE CITY, HAS CARRIEED FORTH THE CITY'S COMMUNITY BENEFT]RS IN THE FORM-OF: 0 Demographic Information to a National and International Audience on an ongoing basis. 0 The Softer Side of Temecula to a National and International Audience using the Internet Home Page and CD-Rom on an ongoing basis. THE TVEDC'S PUBLIC RELATIONS AND MARKETING PLANS AN][) EFFORTS HAVE BEEN USED TO PROMOTE THE CITY OF TEMECULA, AN7-D YAIILL CONT@D TO DO SO IN 1996-1997. 1 5 TEMECULA VALLEYECONOMICDEVELOPMENT CORPORATION CATEGORICAL SUMMARY OF ACTI"TIES 0 NREW BUSINTESSES RECRUITED: 1.Number = 3 2. Jobs= 355 0 RETENTION AN][) EXPANSION: 1. Completed 6 2. Jobs = 95 3. In Process 1 0 VISITATIONS: 1.Plannedr*lonthly = 30 2.Completed =89 ùOUTR-EACH: 1.InProcess =159 2.Viable = 4 *VERTICAIL INTEGRATION OF SUPPLEERS: 1. ]In Process 4 2. Completed 1 ùJOBS CREATEDIRETAINED TO DATE: 1.Prior to 1994 = 1172 2. 1994-1995 = 642 3. 1995-1996 = 615 04. Not included = OTTEP, totaling 2500 0TRAINING PROGRAAIS: 1. Through TVEDC/MSJC "Small Business Success"7 courses. 2.Through TVEDC/r*ISJC[U.S. Dept. of Commerce = 2 courses 0SPEECHIESITV[RADIO 1. Completed 17 2. Scheduled 1 0 PUBLICITY/AIEDIA ARTICLES PLTBLISHIED: 1.Completed = 86 16 0 RELOCATION CONTACTS: 1. Average42 per week or 168 per month 2. Internet 1,200 per week ùTOTAL REOUESTS FOR INFORMATION Y]EAR TO DATE: 1. Requests = 3,417 ùTRADE SHOWS: 1. Attended 6 2. Scheduled 0 INTERNATIONAL TRADE CONTACTS: 1.Contacts = 321 17 TEMECULA VALLEYECONOMICDEVELOPMENT CORPORATION ACTIMY REPORT CONI[PANIEES ATTRACTED TO TEMECULA COAI PREVIOUSLY LOCATED EMPLOYEES SALES TA-X REVEN@ Dispomed Lo@ille, TX & Los Angeles 40 No Linle Professor Books New 15 Yes Mapecomp Corp. Brea 300 Yes BUSINESS EXPANSIONS COMPANY EMPLOYEES BEFORE EMPLOYEES SALES TAX EXPANSION ADDED THROUGH REVENUE THE EY.PANSION Channell Commercial 135 40 - 50 No AMSCAN 82 30+ Yes T'be Health Zone 5 1-2 Yes FINOVA 25 No Advanced Chemill 30 8 No Medical Te olo 3 chn _zy 5 No BUSINESSES RETAIN'IED COMPANY PREVIOUS PROBLEM EMPLOYEES SALES TAX RIEVENIJE Medical Technology Limited Space 5 Plant Equipment Inc. Limited Space 145 Yes This activity report includes information from July 1, 1995 to Apffl 30, 1996. Reported Sales tax revenues are from year end 1994 reports. 95 - 96 BUSINESSES WORKED WITH CLIENT CURRENT EMP. ISSUE FOR THE INITIAL LAST LOCATION COMPANY CONTACT CONTACT 051295-02 Corona/Tem 22 Relocation 5-12-95 7-30-95 070795-01 Huntington -- Relocation 7-7-95 7-11-95 Beach 071095-01 Temecula 30 Expansion 7-10-95 7-30-95 071095-01 San Diego 0- - 2@ @5 Expansion 7-10-95 7-10-95 071295-01 Temecula 2 -6 Startup 7-12-95 7-12-95 071295-02 Temecula 2 Startup 7-12-95 7-12-95 071295-03 Temecula 3 - 5 Startup 7-12-95 7-12-95 071395-01 ------------- Relocation 7-13-95 7-13-95 071795-01 Temecula -- General Information 7-17-95 7-18-95 071895-01 Riverside 5-10 Start-Up, Relocation 7-18-95 7-18-95 071995-02 Vista -- Start-Up 7-30-95 7-30-95 071995-03 Temecula Attraction 7-19-95 7-19-95 071995-04 Trabuco Relocatinc, 7-19-95 7-19-95 Canyon 072095-01 Temecula Start-Up 7-20-95 7-20-95 072195-01 San Diego Relocatin- 7-21-95 7-21-95 072595-01 El Dorado Start-Up 7-25-95 7-25-95 Hills 072595-02 Redlands Relocation and 7-25-95 7-25-95 Expansion 072695-01 Temecula -- Expansion/Relocation 7-26-95 7-26-95 072795-01 Poi-nona, CA 3-5 Start-Up 7-27-95 8-3-95 072995-01 Nlurrieta -- Expansion 7-29-95 7-29-95 073095-01 Garden Grove 3 Relocation 7-30-95 7-30-95 073195-01 Temecula 28 Internal Expansion 7-1-95 7-1-95 080295-01 Munieta 10-12 Start-Up 8-02-95 8-07-95 080295-02 BeB Gardens, CA 10-12 Expanding 8-02-95 8-14-95 080495-01 Covina. CA 91724 10-15 Relocation 8-04-95 8-16-95 080795-02 8-02-95 8-07-95 080795-03 Teiiiecula -- Start-Up 8-02-95 8-16-95 080795-01 8-02-95 8-07-95 080895-01 Pasadena, CA I'-14-150 Attraction 8-08-95 8-16-95 080895-04 Niobde, ARK Expansion 8-08-95 8-10-95 081195-01 Canyon Lak-e 3 Start-Up 8-11-95 will contact us 081495-01 San Diego 10 Expaiid/Start-Up 8-14-95 NA 081595-01 Sunset Bch, CA 3 Relocation/Start-Up 8-15-95 8-21-95 20 082295-02 Oceanside, A Relocating/Start-Up 8-22-95 0823 5-01 arasota, FLA 10 Relocating 8-23-95 8-28-95 082395-02 Bonita, CA Relocating 8-23-95 8-28-95 CA -082495-01- Long Bcli. Relocating 8-24-95 -082495-0'-) Rive7Side, CA elocating 8-24-95 8-28-95 082495-03- Tein @ula. CA Relocatiiig/Expails. 8-24-95 8-28-95 8-28-95 9-5-95 082895-01- Pleasai Relocation/Start-Up itoii. CA 083095-01 Temecula, CA Client Attraction 8-30-95 9-5-95 090;95@01 Escondido. CA -5 -8 Expansion 9-8-95 9-12-95 090)95-01 Burlhimre, CA -- Attraction - working w/ 9-9-95 9-12-95 c,e retailer 0911 5-02 Temecula. Ca panding 09-11-95 9-18-95 pandincy 09-13-95 9-20-95 091395-01 Temecula.Ca 091395-0--) ail Deinas. Ca locating 09-13-95 9-20-95 091395-03 Paso Robles.Ca Expanding 09-13-95 9-21-95 091495-01 San Juaii Start-up 09-14-95 9-21-95 Capistrano, Ca 091595-01 Aiialleiin, Ca Start-up 09-15-95 9-22-9: 091595-02 Tei-necula. Ca 09-15-95 9-22-95 092095-01 Temecula. Ca Start-up 09-20-95 9-22-95 092295-01 Teinecula.Ca 09-22-95 9-27-95 092295-0'-) Victor\,Ille.Ca 09-22-95 9-27-95 092595-OT- San Die2o, Ca Start-up 09-25-95 9-27-95 092595-02 San Die-0. Ca Start - up 09-25-95 10-3-95 092695-01 Santa Aiia, Ca 09-26-95 10-3-95 092695-02 Temecula. Ca expaiidiiicy 09-26-95 10-4-95 092995-01 Brea, Ca 09-29-95 10-4-95 092995-0-5- Nor\k!alk,, Ca Relocate/start-up 09-29-95 10-5-95 100295-01 Mission \,'iej'o, Start-up 10-02-95 10-9-95 Ca 100395-01 Los Anceles.Ca Start-up 10-03-95 10-10-95 100495-01 Relocating 10-04-95 10-10-95 100495-02 Decatur. Illinois Relocatiii- 10-04-95 10-11-95 la. Ca Relocatiii- 10-04-95 10-11-95 100495-03 Coroi 100995-01 Start-up 10-09-95 10-16-95 100995-02 N4urrieta, Ca 10-09-95 10-16-95 100995-03 Clierry Valley, Relocating 10-09-95 10-17-95 Ca 101095-01 Hot Spriii-s. Ca 10-10-95 10-17-95 101195-01 Rix;erside, Ca 10-11-95 10-18-95 101295-01 Eiiciiio, Ca 10-12-95 10-19-95 101395-01 Lake Elsinore, Relocating. Site in Tem. 10-13-95 10-19-95 st:lected. 101395-C 10-13-95 21 101395-03 @ouaiia Hills, Client Attraction 10-13-95 11-03-95 Ca. 101895-01 Kai@ Clt%,. Nii 10-18-95 10-24-95 101895-02 Loiia Beacli. Ca 10-18-95 10-24-95 101895-03 Murrieta, Ca Relocatilic 10-18-95 10-22-95 101895-04 Tei-necula. Ca 10-18-95 10-19-95 102095-01 Tei-necula.CA Expanding 10-20-95 10-23-95 102395-01 Diai-nond Bar. Client Attraction 10-23-95 10-25-95 CA 102495-01 Santa Aiia. Ca 10-24-95 10-27-95 102495-0'-' Lake Elsliiore.Ca 10-24-95 10-30-95 102595-01 10-25-95 10-31-95 102595-02 Chiiio, Ca 10-25-95 11-1-95 102795-01 Los Aiicyeles. Ca Client Attractionn 10-27-95 103095-01 Poinoiia,Ca Expanding 10-30-95 110195-01 11-01-95 110695-01 Victor,,,,Ille Relocating 11-06-95 110695-02 Ru,,,erside Relocatinc, 11-06-95 110695-03 Rainbow Client Attraction 11-06-95 110695-04 Tei-necula Relocating 11-06-95 110695-05 Tei-necula Expanding 11-06-,.j 110695-06 Slieri-naii Oaks Relocating 11-06-95 110895-01 Diai-noiid Bar Relocating 11-08-95 110895-02 Tei-necula New Business 11-08-95 111095-01 Santa Relocate 11-10-95 Barbara.Ca 111395-01 Upland. CA Relocate 11-13-95 111495-01 Vista, a Relocate 11-14-95 111695-01 Torreiice.CA Relocate 11-16-9 112095-01 Teiiiecula. CA New Client Attraction 11-20-95 112095-02 Teiiiecula. CA New Business 11-20-95 112195-01 Teiiiecula. CA New Business 11-21-95 112795-01 Hacienda Relocate 11-27-95 Helc,,Iits.C,@ 112795-02 Tei-necula. CA New Business 11-27-95 112795-03 Tustiji, CA Relocate 11-27-95 112795-04 S.D. CouiitN, Relocate 11-27-95 112995-01 Teiiiecula. CA New Business 11-29-95 120795-01 Niuskeoaii..\Il New Business 12-07-95 121895-01 Teiiiecula.CA Expanding 12-18-95 121895-02 Rialto, Ca Relocate 12-18-95 122195-01 Sau-us, ('a New Business 12-21-95 122295-01 Relocate 12-22-95 122795-01 Carlsbad. ('a Ne\k,/Relocate 12-27-95 010596-01 Fairfield.C-i' Relocate 01-15-96 22 010896-01 San Dic,-,(,, Ca New Business 01-08-96 0117 6-01 all DIOLI(I. Ca New Business 01-17-96 0119 6-01 Dallas. 'Fx Relocate 01-19-96 012296-01 N.Holl\,\\ood.Ca Relocate 01-22-96 012296-02 Niouiitiiii Hoine, Relocate 01-22-96 Ak 012396-01 Clarcilioiii.(a New Business 01-23-96 013096-01 @ Hat)ra. Ca New Business 01-30-96 020196-01 Murrieti. Ca New Business 02-01-96 020296-01 Teiiieculi. CA New Business 02-02-96 020696-01 Aiialieliii. Ca Relocate 02-06-96 020796-01 Oraii-e. Ca New Business 02-07-96 021296-01 San Dit-o. Ca New Business 02-12-96 021596-01 Teilieculi. Ca Relocate 02-15-96 022096-01 Teiiiecjl:i, Ca Relocate 02-20-96 022296-02 Escciiicildo. Ca New Business 02-22-96 022'-' 96-03 NeApon Beacli, Relocate O'-' - 9 6 Ca 022796-01 lacuna Hills, Ca Investors 02-27-96 022996-01 Vista. Ca New Business 02-29-96 02'-)996-02 Tei-neculi New Business O@-29-96 022996-03 RI\-ers')de.Ca New Business 02-29-96 031296-01 Hel-neL. CA New Business 03-12-96 03 I'-) 96-0'-) El Caloii. CA Relocate 03-12-96 031496-01 Tei-necuia. Ca Expaiis ion 03-14-96 031896-01 Tei-necula. Ca New Business 03-18-96 031996-01 Cer-r;,I()S. Ca Relocate 03-19-96 032096-01 Ne",i(iii. Ks Relocate 03-20-96 032696-01 Loii- Beacli. Ca Relocate 03-26-96 032696-02 La Jolla- Ca New Business 03-26-96 032796-01 ParailIC)LJIIL. Ca Relocate 03-27-96 03'-)896-01 Durbaii. Soutil Relocate 03-28-96 Africa 040496-01 Teii)ecula. Ca New Business 04-04-96 040596-01 Teiiiecula- Ca Expansion 04-05-96 041096-01 @e Elsiilore, Relocate 04-10-96 Ca 041596-01 Eiici.,ilias. Ca Relocate 04-15-96 041696-01 Saii I-)Ieoo. Ca Relocate 04-16-96 041796-01 Saii Die2o. Ca Expansion 04-17-96 041996-01 Paliii Desert. Ca Expansion 04-19-96 041996-02 Los AiiLeles area New Business 04-19-96 042296-01 NILII-;-Icia. Ca Expansion 04-22-96 042396-01 RI\ crslclc. Ca Relocation 04-23-96 23 050396-01 Carisbid, Ca New Business 05-03-96 051396-01 C@)taiii Cook, E-iliall 05-13-96 Ha\vail 051396-02 Teiiiecula. Ca New Business 05-13-96 052296-01 St. Geor2e. UT New Business 05-22-96 052296-02 Ri\,erside, Ca New Business 05-22-96 052296-03 Falibrook, Ca New Business 05-22-96 052396-01 San Die-o. Ca Relocate 05-23-96 052396-0? Corona, Ca Relocate 05-23-96 052496-01 San Diec,,o, Ca New Business 05-24-96 24 060396- 1 Saii Diego, Ca Relocate 06-03-96 0603 6-02 i Of Relocate 06-03-96 Coi-rulierce, Ca Kaiisas City MO Relocate 06-06-96 060)96-01 1 - 060696-02 Maiicliester, CT Relocate 06-06-96 060796-01 Bedford, OR Relocate 06-07-96 061 )96-01 -AiiaJieiin, CA New Branch 06-10-96 061096-02 Plioeiiix, AZ Relocate 06-10-96 061096-03 Falibrook, CA New Busin ss 06-10-9 061096-04 Oiitario, CA New Location 06-10-96 061396-01 Loi-na Linda.CA Relocate 06-13-96 061496-01 Sacraiiiento, CA New Location 06-14-96 061796-01 Moorhead, N4N Relocate 06-17-96 061896-01 @auiia Relocate 06-18-96 Beacli.CA 061896-0'-) Oiitario, CA New Location 06-18-96 061896-0 o, CA New Location 06-18-96 25 @ bjnericc-n -0801 Picgins Road, Suile 540 Econorr;r- Prsc-moni, li!i-rois 60018.-'726 De%/e" ,C)IDMel-,T Phone: 847.592.9244 CoL;ncil Fax: 847.6S6.2990 Yarcb 12, !-SS6 '144 -Z.: L 43()85 lp-zec.Llla Cl 02, Dca.r @,r. rra.-LK: I En -fery pi-E S-..d 0 irfoln ",j I. ax s C c g E T..-L r a s C 37 r c, r CD @c-.a 37 of CIESS -,=-Dz.cl:la internal. 1-c yo-ox en-ry("es) ';ere @y acericy or staff Fear, please r,.c,,,:.Cy of "C.'LZ L I L-'l 7v'--@e ELa!eS C-;';E'-) E-re 1) @-E-L C'Lc Class, 2) 3) Erd 4) -7-o.-.orable Yen'L Ties )'Ear's -',Idc.: also selected --"o-Lz cL' ca'Lec,,%ry, Erd co;,I'eried J,--!Lree Si@eci-al j,,)ec---sl !.,Harris r,e: Lo e..-,'Lr,-A-s -Q'=--rEd -L.0 'Ai-- -1-i a class of -t.- _lr C"t@. i. 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L-@,e -1996 !EX @Tir-Lial C07iLere,-,ce i-.3 ColorEd-o S-r:.-)cs on i@ -1 )-5, so '@e Esk %@ol -artil after @LbEt' dE'Le. @,i-S r, -1 . r@ i)C ly-,bli.c2ip- yo-cx a-@@rd ye@r's of E:.d E-.Zcl'al I-Li@@es, i.-@pids i:-ill @@ specially xeco,-.-i2ed .k ccr,:)]E-Le !:!st' of all o)-.IjEr fill be ".o all contest f ri 'LrE7,'Ls ef'Ller )@ corj-fE.@e.-ice. .1--u-L)Er"cr, BP-St of Class, of Sho-o, E:,d S@- ;-al jildces' '-"I:Erd eT,Lri-fs -fill also '-a d:.splaied d-Lr3-.g @L'r-. c r,, 7, -f a r ill tt-e Ed-QCEt:--C,.7,El Uea SO .-.wErd cEr-L-'--'CZ@.(zS ',:ill be -for you -to ray bErit-fi-'L. from SE=-"rg -IL:@-ese exemplary pieces. lip !,') the C07.--fE!,E;-,Ce reg-15-'LrE'ti-Ol E-rEa pr-icr 'to '-L'Ll -2 2 -@ Lr d. s ri c e bET)C'-tjE'L, Y'.L@ L.@Je P-YCEP'L:-,C@l O'L CErti-f i-ca'%.es -for @@'s @-s'L of Sho-o End Special j,,zdges' E,@Ezds, -,:Ij:-Icb L!i-ll bB Presented Et 'Lhe 1--i all Ei:ud ::2y name their Ll:en Vith ai4zzds cot,-rittee - . I i L c@,ai-r DEYLD ?. '.Kolio,4 or L7X c"--Ia:--r Will,-'am J. CED, F)(, I- after tie T' you la-@e Elready ieo-;s'Lered for -,-re col-,fere.-ice, %-our ticket to I e zvzxds blric.-jel will la irjcl-,lded i;!'-Lb vour L Ai Li) L. A., COT,L'ErEDCe rE+.Eri.ElS at. ',he zec.:-'s4Lrat-:oi 'L.Eble. Vs ,,o@.i 'to attend 'Lhe L'Lll corl'ere-Tice; bly@E-@er, you 'Lay rooster fcr -Lie bLr.-c.-oet only if vo-a Dre.fer. @o :.-.,.ZejEse ',.-;c);e,'.s at @.60 r,--r persoi for yourself or a qcest for 'L,@ie only, please call !EC prior +o 'Li'ie conference aL, E47.692.9944 and ask for a cori'er@rice Lrorm 'Lo be -fEy--d or rei-i-ed 'Lo Copc.ra'LiL'a'i.-:r,ns c.-,i i,o-.ir -fon.-ard 'Lo se.*-,-mg yoa at the conference aijd 'Ao rece;-Y-,r@g yo'.a entry for re).t )!earls yorcen I V 1. c e Pr s 3 d c- r, t I c or rc a L07. s TVEDC i BUSINESS PLAN 1996-1997 2 6 TVEDC OBHCTWES (PU"OSE 1. ASSIST E)dsting Business 11.RETAIN E)dsting Business III.GROW New Businesses IV.RECRUIT BUSINESS - (New and E)dsting) to the Community V.DeN,elop and Maintain a Business-Friendly Environment. VI.De,.,elop a Healthy Public/Private Partnership with City/ County/ State/ Agencies VII. EDUCATE the Community on the VALUE OF BUSINESS TO THE CO TY Note:Items 1. through IV. are ranked in order of COST/BENEFIT RATIO.- strtgcpl.doc 2 7 BENEFITS 2 8 BENEFT17S 1.BENEFrrS OF ECONOI%flC DEVELOPI%IENT 1.Creates New Jobs 2.Retains E)dsting jobs 3.Improves Quality of Life for Residents 4.Broadens TAX BASE 5.Inq)ro-ves Financial Strengths of Community 6.Improves Property Values 7.Improves Retail Sales 8.Creates a Self-Susta@g Community H.BENEFTIPS OF THIE TVEDC 1.Provides a Team of Volunteer Experts to Strengthen the Economic Base of the Community 2.Acts as an Intermediary between Business and Available Resources Provides Information to Business Community to enable businesses to: *improve the efficiently of their business *extand their business *create new business through - spins-offs start-ups acquisitions 2 9 STRATEGIEES ASSIST EXISTING BUSINESS Increase Communications with the Business Comm@ regarding TVEDC and its fimctions through: (a)Newspapers, Publications, and other Media (b)Direct Mail (c)Visitations (d)Brochures and other Resource Information (e) Public Events Coordinate a Regular Series of Workshops Including Topics such as: (a)SBDC Assistance (b)Finance - SBA/CDC/EDA and other Loan Programs (c)Various Incentives (d)Environmental Assistance Programs Including: 1.AQMD Technical Assistance/Consultation Service 2.Financial Assistance: AQAF Loan Guarantee Program (e) Export-Import-Intemational Trade Provide Hands -On Assistance through: (a)The TVEDC can assist with information on: 1.Business Growth 2.The Permit Process 3.Business Operations (b)The TVEDC Expediting Committee 4.Ombudsm;tn for Business 5.California Manufacturing Extension Programs (UCR & CMAC) available through the Temecula Valley Manufacturers' Council 3 0 RETAIN EXISTING BUSINESSES Business Visitation Outreach Program to develop 2-Way communications with existing businesses. Ile Visitation Program is d ' esigned to: (a)Explore possible challenges and needs of businesses - internally and externally. (b)Respond to private as well as public sector challenges and needs by using a variety of programs and tools such as: (1)The TVEDC ExTediting Committee (2)Resource Information Sourcing experts in the field (4)Financial Programs (5) Other 2.EXPANSION ASSISTANCE - Information and Available Methodology of Enansion via: (a)Product Line (b)Retooling (c)Layout (d)Human Resource Development - including job training and related tax incentives (e) Construction Public and Private Funding Sources 3.Implement a "Red Team" to review the situation and make recommendations 4.Coordinate Awareness Programs (a)Utilities' Business Retention Programs (b)Individual Retention Programs developed by City/ TVEDC (c)Compliance Assistance Programs (AQMD, CAL-EPA, BEAC, ECOSA, CLEAN,RUST) (d)Business/Education Partnerships 5. Work directly @th City of Temecula to maintain an appropriate, open dialogue. 3 1 ][IL GROW NEW BUSINESSES 1.'ne TVEDC and City will work jointly to create an envirorument that encourages entrepreneurial growth. 2.The TVEDC will provide an awareness program including the following topics: (a)Assistance available to micro-businesses. (1)SBDC basic assistance. (2)Nficro-loan program (TVEDC develop micro-loan program). ('5 ) Compliance assistance programs. (4)Sourcing of experts in field from university campuses. (5)NIST manufac@- assistance centers (CMAC) 0 Mentorin,, - Program with Existing TVEDC Members. 4.Small Business Success program for people considering going into business. The Outline for the TVEDC/MSJC Program is as follows: (a)Outreach Forum - Overview of requirements to go into business. (b)Seven (7) courses on small business operations. 5.Incubator Prograim (a)Continue to review and research as stafeng permits, work with Edison IntemationaL UCR, IEEP. IV.RECRUrr BUSMSSES (NEW OR EXIST@G) TO THE COMMUNTRY Identify Target Mark-et. (a)Identify the tv . pes of businesses suitable for operation in Temecula Valley environment. (b)Identify geographical location of potential businesses @o, to move - 2n (1)Continually monitor conditions that would motivate businesses to move. (2)Monitor demographic information of competitive communities. (c) Target vertically integrated suppliers and customers of e)dsting companies. 3 2 IV.RECRUIT BUSINESSES (NEW OR EXISTING) TO THE COMMUNITY (Continued) 2.Identify and contact specific businesses from steps 1 and 2: (a)Direct mail marketing (b)Follow-up phone calls to set appointment (c)Discuss TVEDC Activities and Assistance Programs @th prospective businesses (d) Invite businesses to visit Temecula and meet with area representatives Research and develop an Information package that will act as a catalyst, motivating interested parties to relocate. This Information Package will consist of (a)Marketing research (b)Industrial inventory research/vacant land (c)Complete demographics information 4.Utilize a "Green Team" approach -Ahere TVEDC, City and area representatives meet v.,ith prospective company who are looking to relocate. Green Teams will assist the company in: (a)Identifying potential sites from inventory. (b)Locating financing, if necessary. (c)Locating other resource assistance (e.g. job training programs, air quality issues, etc.). 3 3 V. DEVELOP AND N AIN A BUSINESS FREENDLY ENVERON-NIENT 1.Develop and maintain a pubfic-pri,%,ate partnership so that the TVEDC can promote Temecula as having a business - friendly local government. This image will be possible through: (a)The TVEDC Expeditino, committee working with local government to maintain zn reasonable fees. (b)Continuous monitoring of methods to expedite City permit and other processing. 2.Maintain a Motto in Local Government: "New or E)dsting Business is a very important client and we are here to serve them. .3.Develop an interactive relationship with utilities and other service providers in rode to maintain affordable service delivery and pricing. VLDEVELOP A H]EALTIE[Y PUBLIC/PRIVATE PARTNERSMP@H C@l COUNTY/STATEIFEDERAL GOVERNMENTS AND SLB-AGENCEES 1.The City and TVEDC will strixe to @er develop its good working relationship with the California Trade and Commerce Agency, and TeamCahfomia. 2.Develop and maintain two-way communications with all agencies whose actions impact Southwest Riverside County. Relevant organizations are: (a) @COG (b)All Riverside County Agencies (c)All State of California Agencies (d)Fish and Wildlife (e) AQMID (f)k&astructure Impacted A2encies and Groups Including: (1)Murrieta Creek Flood Control (2)Santa Margarita River Watershed Task Force. 3.Access all possible resources to assist with: (a)Business Retention (b)Business Expansion (c) Business Recruitment 3 4 VI.DEVELOP A H]EALTEIV PUBLIC/PRIVATE PARTNERSHM WITH CITY/ COUNTY/STATE/FEDERAL GOVERNMENTS AND SUB-AGENCIES (Continued) 4.Act as a liaison between business and regulating agencies, local government, and impacted regional agencies to pronide both sides vath individualized assistance and problem solving solutions. 5.Obtain and analyze grant information and apply for FederaL State and private sector fimding. VILEDUCATE COMMUNITY ON THE VALUE OF BUSINESS AND ECONOMIC DEVELOPAIIENT TO THE COMMUNITY 1.Develop and maintain an agzTessi-,,e public relations campaign to educate both businesses and citizens about: (a)The Benefits of business in the community (b)The T-VEDC's role in the community 2.Communicate the benefits of economic enhancement and TVEDC Resources to the community through the use of (a)Press Releases (b)Public Forums and Workshops (c)Educational articles and presentations through print and electronic media, service clubs and other community events. (d)Direct public relations calls. 3.When necessary, meet @th dissident community leaders to educate them and attempt to diffuse potential problems. 3 5 ACTION PLAN 3 6 ACTION PLAN ASSIST EXISTING BUS@7ESSES Increase communications with business community regarding TVF-DC. (a)Print and Electronic Media Tools - TVEDC Marketing Committee/Marketing (1)Ongoing articles regarding TVEDC in "Tbe Californian" (2)Articles in Valley Business Journal (3)Articles in TVCC Newsletter. (4)TVEDC Newsletter (Internal and outreach) A.Review and re,%,ise format/content B.bnprove effectiveness of distribution C.Distribute quarterly to e)dsting members/potential contacts (5)Regular press releases (ie, monthly or more; outreach to Temecula audience) A-Temecula Valley (including City of Temecula) B.Business related C.TVEDC related (6)Out-of-area publications: A.Write articles suitable for specific publications. B.Send information on Temecula Valley. (7)Temecula Talks and other Media Oppo@ties (8)Internet access at: http://www.temeculaedc.com/tvedc/ A-Community Profile Available B.Demographic information about the Temecula Valley C.Riverside County TV'F-DC intemet data available in the near future (10)E-Mail: tvedc@temeculaedc.com A-Communicate directly with the TVEDC (b)Ongoing Direct Mail to Existing Businesses - TVEDC Marketing Committee (1)Workshops/ fonms available on issues that impact existing business. (2)Resources available through TVEDC office. (3)Financial Programs/Assistance available. (4)Inform existing businesses about the Expediting Committee. 3 7 1.ASSIST EXISTING BUSIN7ESSES (Continued) (c)Visitations - TV-F-DC Visitation Committee (1)Call on individual businesses on a maintenance basis: Maintain an averageof thirty visits per month. The TVEDC currently has 12 teams consisting of 2 members. Each team is responsible for two visits per month. Each team: :distributes handouts - resource info - etc. :discusses current or potential problems :conducts industry @eys :assists individual businesses with completing the survey 'Me TVEDC then uses this survey information in a database designed to assist with retention and expansion efforts. (2)Visitations also pro-%ide: :Prospect generating opportunities :An Early Warning System for retention :Good public relations. (d) Brochures and other resource ormation - TVEDC Staff :Simple brochure outlining TVEDC functions :Maintain a library of resource material available to local business community (and communicate this information) (e)Public Events - TVEDC Staff :Provide business support during public forums on issues that relate to well balanced economic development. Topics for these fonnns will be identified on on-going basis. :Showcase the TVEDC at every opportunity. 2.Remflar Series of Work@s - TVEDC Staff in cooperation with MSJC, U.S. Dept. of Commerce and other institutions Work-.shop topics are to include: (a)Financial Programs (SBA/1-ocal/other) (b)Real Estate Acquisition Programs (c)Pollution Prevention and Compliance Programs (d) Small Business Management Skills Programs 3 8 1.ASSIST EXISTING BUSINRESSES (Continued) (e)ExTorting/Importing (f)Introduction to Resource Assistance :Manufacturing Extension Programs :Job Training and incentive programs :SBDC services :other programs 3.Hands-on Assistance - TVF-DC Expediting Committee (on-going) (a)Expediting Committee (b)Act as intermediary between individual business and resource. (c)Other areas as determined or requested. 4.The TVEDC will act as Ombudsmqn for business with other agencies. ]EL RET.MN EXISTING BUSWESS 1.Maintain VISITATION PROGRAM - TVEDC Visitation Committee See I/I./(c) Visitation to Existing Businesses. 2.E?Tansion Assistance (a)Information and Methodolop-y of expansion via product line/layout/ retooling/human resources/construction. (a)Resources and Tools: :TVEDC members :Local city government :County government :SBA and other loan programs -504 programs (SBA) -SBA 7A, 7B, 8A programs -Industrial Development Bonds -Environmental Compliance Assistance Loan Programs. -Assistance,"ith Direct Lenders -Funding for new product development available from federal government. 3 9 RETAIN EXISTLNG BUS@'ESS (Continued) Manufacturer Assistance Programs -Uni\,ersity Extension Service and Engineering Departments -California Manufacturers Assistance Centers (CMAC) 4.Implement "RED TEAM" as necessary. (a)"Red Teams" will be comprised of any or all of the following: :TVEDC representatives :City representatives - Elected and staff :County representatives - Elected and staff :Utilities - public and franchise :Job Training Representati\,,es :Financial Consultant :State government agencies (CalTrans, CAL-EPA, etc.) 5.AWARENESS PROGRAMS - TVEDC Staff (a)Business Retention Programs of Utilities :Gas Company ERC(Enerzy Resource Center)/ Downey :CTAC - Edison Company Technical Assistance Center :GTEL - Retention Program - new communication technologies. (b)Indixidualized Retention Pro--rams - TVEDC and City will taidor programs to specific businesses and may incorporate any or all of the resources listed above. (c)Compliance Assistance Prom-ams (1)Work-sbops (2)Collateral material Indi-%,idualized Assistance (d)Business/Education Partnership (1)Job Training throuph: - Employment Training Panel and other JTPA programs. - Contract education through MSJC and UCR- - Incentives to participating businesses. (2)Coordinate ,Nith Chambers of Commerce, service organizations, school districts, and college districts to identify and implement curriculum changes that upgrade job skills. 4 0 AWARENESS PROGRAAIS (Continued) 5.Work directly Nkith City of Temecula and other agencies as appropriate. M.GROW NEW BUSINESSES 1.TVEDC and City must create an en,%iromnent that encourages entrepreneurial growth. 2.The TVEDC will provide a business outreach program: (a)Assistance available to micro-businesses. (1)SBDC basic assistance. (2)NEcro-loan program (TVEDC develop micro-loan program). (3)Compliance assistance program-,. (4)Sourcing of experts in field from university campuses. (5)NIST manufacturing assistance centers (CMAC) 3.Mentoring ProgramAith Existing TVEDC Members. 4.Small Business Success Program for start-up or e)dsting business. 5.Incubator PrograrrL Investigate the possibility of a public/ private partnership to develop an incubator prosaam in the Temecula Valley through UCR, Edison IntemationaL EEEP. IV.RECRUrr BUSINESSES (NEW OR EXISTING) TO THE COMMUN@ TVEDC Staff in cooperation with the City of Temecula 1.Identify Target Market (a)Identify the types of businesses suitable for operation in Temecula Valley environment. 4 1 IV.RECRUIT BUSINESSES (NEW OR EXISTING) TO TBE COMMUNrrY (Continued) (b)Identify geographical location of potential businesses @g to move - (1)Ongoing program to monitor conditions that would motivate them to move. (2)Continually monitor demographic information of competitive communities. (c)Vertical targeting suppliers and customers of existing companies. 2.Identify and contact specific businesses from steps I and 2. (a)Direct Mail Canaian targeting new-and potential businesses (1)Six mailings per year minimum (2)During the mailings, emphasis will be placed on: A.Bio-tech organizations B.Medical device manufacturers C."Clean" industrial manufacturers D.Retail organizations 1.Describe vacant land availability 2.Emphasize Old Town charm/potential (b)Trade show contacts (1)Increase attendance at various trade shows (2)Send follow-up letters to potential businesses A.One immediately B.A second follow-up letter two months later (c)follow-up phone call to set up appointment (d)go to them to tell about Temecula Valley (e) invite them down for visit Research and develop a package that will act as a catalyst and motivate businesses to relocate. (a)Marketing research (b)Industrial inventory research/Nacant land (c)Complete demographics information 4."Green Team!' approach - TVEDC / City personnel and others, as appropriate, will meet with potential companies. 4 2 Identify and contact specific businesses from steps 1 and 2 (Continued) The CTreen Team's Focus will be to: (a)Identify potential sites for the business. (b)Assist the business with locating financing, if necessary. (c)Assist the business @ locating other resource assistance as needed (e.g. job training). V.DEVELOP AND 1% AIN A BUSINESS FRIENDLY ENVIRONMENT TVEDC Staff and Committees in cooperation with the City of Temecula 1.Develop and maintain a public-pri-,!ate partnership so that the TVEDC can promote Temecula as having a business - friendly local government. This image will be possible through: (a)The TVEDC Expediting committee working with local government to maintain reasonable fees. (b)Continuous monitoring of methods to expedite City permit and other processing. 2.Maintain a Motto in Local Government: "New or Existing Business is a very important client and we are here to serve them" De -%,elop an interactive relationship with utilities and other service providers in order to maintain affordable service delivery and pricing. VLDEVELOP A H]EALTHY PUBLICIPRIVATE PARTNERSHIP WITH CrrY/ COUN7TY/STATEIFEDERAL GOVERNMENTS AND SUB-AGENCIES 1.The City and TVEDCAill strive to @er develop its good working relationship with the California Trade and Commerce Agency. 2.Develop and maintain two-way communications with all agencies whose actions impact Southwest Riverside County. Relevant organizations are: (a) WRCOG (b)AR Riverside County Agencies (c)AU State of California Agencies (d)Fish and Wildlife (e) AQMD (f)kftastructure Impacted Agencies and Groups Including: (1)Murrieta Creek Flood Control (2) Santa Margarita River Watershed Task Force. 4 3 VI.DEVELOP A HEALTHY PUBLIC/PRIVATE PARTNERSHIP WITH CITY/ COUNTY/STATE/FEDERAL GOVERNMENTS AND SUB-AGENCIES (Continued) 3.Access all possible resources to as@ @th: (a)Business Retention (b)Business Expansion (c)Business Recruitment 4.Act as a liaison between business and regulating agencies, local government, and impacted regional agencies to provide both sides with individualized assistance and problem solving solutions. 5.Obtain and analyze grant information and apply for FederaL State and private sector fimding. VILEDUCATE COlkiMUN@ ON THE VALUE OF BUSINESS AND ECONOMIC DEVELOPMENT TO THE COMMUNITY - TVEDC Staff and City of Temecula 1.Develop and maintain an aggressive public relations campaign to educate both businesses and citizens about: (a)Tle Benefits of business in the community (b)Tle TVEDC's role in the community 2.Communicate the benefits of economic enhancement and TVEDC Resources to the Temecula Valley community through: (a)Press Releases (b) Public Fo and Worksbops (c)Educational articles and presentations through print and electronic media, service clubs and other community events. (d) Direct public relations calls. When necessary, meet Aith dissident community leaders to educate them and attempt to diffuse potential problems. 4 4 MEASL,@G RESULTS ATTRACTED TO TEMECULA, 1995-1996 CONVANY PREVIOUSLY LOCATED ENPLOYEES Magnecomp Brea 300 Little Professor Bookstore Chino 15 Dispomed Lo@ille, TX & Los Angeles 40 TOTAL 355 (If Standard Job Multiplier were applied for the appropriate category used, there would be even broader impact, for purposes of simplicity only the actual number of employees was used for purposes of this report). BUSINESS RETAINED, 1995-1996 CONVANY PREVIOUS PROBLEM EMPLOYEES Plant Equipment Inc. Considered Relocating 145 Health Zone Considered Relocating-Murrieta 15 Medical Tech. Supplies Considered Relocating 5 TOTAIL 165 BUSINESS EXPANSION, 1995-1996 CONTANY ENTLOYIEES Advanced ChemiR Systems 45 Medical Technology Supplies 5 AMSCAN 45 TOTAIL 95 4 5 RECRUITIKIENT COSTS -*,s NEW SALARIES GENERATED YEAR iY JOBS EDC COST per EST. S EST.S JOB GENERJJOB GENER./TOTAL 1995-96 615 $244.09 $15K min. S9,225,000 1994-95 639 $192.97 $15K min. S9,585,000 ANNUAL REPORT OF HISTORICAL DATA - JOBS ATTRACTED TYPE JOBS %1994-95 %1995-96 BUSINESSES ATTRACTED 625 JOBS 43% 57% BUSINESSES RETAINED 340 JOBS 56% 44% BUSINESS EXPANSION 272 JOBS 65% 54% TOTAL COMB@ED 1237 JOBS 52% 48% 1. ASSISTING EXISTING BUSINESSES - Results will be evaluated based on: 1996-97 1.Number of Clients Contacted 100 1)Volume of NeNvspaper Articles 20 3.Workshops Held and Attendance 10 4.Number of Hotline Calls @@oo 5.Expediting Committee Contacts 25 6.CNEP Activities non-numeric H.RETAIN EXISTING BUSINESSES Results @ll be evaluated based on: 1. Quantity of Business Visitations Outreach Contacts 100 2. Expansion Development Measurements monthly 3. Awareness Programs Usage and Attendance 10 4. Actual "At Risk" Businesses Retained 80% M. GRO@GtN7EW BUSINESSES Results will be evaluat-@d based on: I . Programs Developed I 0 2.Use of Programs 3.Monitoring Programs Used 4. Entrepreneurial Programs Coordinated and Attendance at those events 4 6 IV. RECRUITING NEW BUSINESSES Results will be evaluated based on: 1.Contacts Acquired through Direct Mail 2.Direct Contacts 3.Visitations Made 4.Evaluation of Green Team's Effecti-%,eness and Number of Times Utilized 5.Potential Relocations 6.Actual Relocations V. DEVELOPING AND MAINTAIIN'ING A H]EALTHY BUSINESS Results will be evaluated based on: 1.Volume of Shoppers who respond to Survey City and Other Agencies 2.Utility and Service Producers Interaction VLDEVELOPING H]EALTHY PUIBLIC PRIVATE PARTNERSEO[P @H CrrY/COUNTY/STATE/FEDERAL AND AGENCI[ES Resultswill be evaluated based on: 1.Number of Contacts with Agencies 2.Success of 2-Way Communication Structure with Agencies Affecting Southwest Riverside County. Number of Face-to-Face Meetings for Individualized Assistance VIELEDUCATING COlkiMUN@ ON VALUES OF BUSINESS TO THE COMMUNITY ResultsAill be evaluated based on: I .Type of PR Campaign Developed 2.Penetration of PR Campaign 3.Press Releases - Quality and Quantity 4.Education Article@esentation 5. Number of Direct PR Calls and Success Ilereof 4 7 IV. RECRUITING NEW BUSINESSES Results will be evaluated based on: 1. Contacts Acquired through Direct Mail 5,000 2.Direct Contacts 3.Visitations Made 4.Evaluation of Green Team's Effectiveness and Number of Times Utilized 5.Potential Relocations 6.Actual Relocations V.DEVELOPING AND MAINTAINING A HEALTHY BUSINESS Resultswill be evaluated based on: I .Volume of Shoppers who respond to Survey City and Other Agencies 2.Utility and Service Producers Interaction VLDEVELOPING HEALTHY PUBLIC PRIVATE PARTNERSHIP WITH CITY/COUNTY/STATE/FEDERAL AND AGENCIES Results will be evaluated based on: I . Number of Contacts with Agencies 2.Success of 2-Way Communication Structure with Agencies Affecting Southwest Riverside County. 3.Number of Face-to-Face Meetings for Individualized Assistance NTH.EDUCATING COlkiMUN'ITY ON VALUES OF BUSINESS TO THE co_ N= Results@ll be evaluated based on: 1 .Type of PR Campaign Developed 2.Penetration of PR Campaign 3.Press Releases - Quality and Quantity 4.Education Articlesi?resentation 5. Number of Direct PR Calls and Success Thereof 4 7 GLOSSARY OF ACRONYM DEFIMTIONS 1. AQMDAir Quality Management District 2. BEACBusiness Environmental Assistance Center 3. CAL-EPA California Environmental Protection Agency 4. CDC-SBFC Community Development Corporation Small Business Finance Corporation 5. CLEAN California Loans for Environmental Assistance Now 6. CMAC California Manufacturing Assistance Centers 7. CMEP = California Manufacturing Extension Programs 8. CTAC = Customer Technology Application Center 9. EDA Economic Development Agency 10. E Eastern Municipal Water District 11. ERC Energy Resource Center, The Gas Company 12. GTEL General Telephone Company of California 13. NIST National Institute of Standards and Technology 14. RUST = Repair Underground Storage Tanks 15. SBA = Small Business Administration 16. SBDC = Small Business Development Corporation 17. TVCC = Temecula Valley Chamber of Commerce 18. TVEDC Temecula Valley Economic Development Corporation 19. UCR - University of California, Riverside 20. VtrRCOG Western Riverside Council of Governments 4 8 BUSMESS CL TE ASSESSARNT SOUT ST REGION ASSETS NEUTRAL LL4,B]ILITIES In Metro Growth Path Air Access Secondary Education LA/Orange San Diego National Quality San Diego John Wayne Housing Costs/Affordability Other State Conips. Local @kets Motor Freight Costs California Tax Law Los Angeles/Orange Water Transportation Proposition 13 San Diego Second Tier Telecomm- Infrastructure Finance Wand Empire Secondary Education Impact Caliform'a-National Sales Tax Chasing Same-Day Shipping @ket Mdpoint impact Southern Califorru'a California State Taxes Incentives hnpact- Northern Califorru'a Other States Nevada Regulatory Process Latin America California Regulatory Pacific Rim Burden SCAQMD Regulatory Freeways/Interstates Burden 1-15 CEQA-Endangered Species Rail Freight Costs EPA Regulatory Burden Air Quality Coastal Climate Outdoor Recreation Ocean access Mountain Access Culture & Urban Recreation LA/Orange County Access San Diego Access Water Supply Generally secure Economic Development Delivery State-Level Iinprovements 4 9 TLNE-LINE 5 0 1996-1997 BUDGET, NARRATIVE 5 1 C, Lr O(=)OOOO 00000 r_ 0 0000000000000000000, I= I= @ I= CP CD 10 @ ID CD qD C,4 IV = = Q @ v = Q @ I= m Q q= = Q -i 00 Irc 0 0 CO cli co U') olmoooooolcoooooo CIO C-4 P- 'W 10 Ul) - < LO C,4 0 0 0 0 C) 0 0 c 0 CD LO N v =0 N n m 0 LrI CN LO 6 o- .0 0 - n m C4 0 0 CN Cl) (N 0 (I tn C) C,4 m cli - ------ ---- 0 C:) 0 0 0 0 00000000000 C) tn 01 C) 0 CD 0 0 NknwvoooNmwm U') cli r_ 0 C:> .c4 0 (n LO C', (1) CIA LO r- 0 0 @o 0 C) 0 O@0000OLnoco 0 Lo 01 co 0 0 0 0 NLO=VOOONM=M C,4 t-I 0C)..... Cl) (14 tn C) Cq .0 cli -T Cli 0 M 1 LO a) C'4 V_ CD 0 0 0 V) 0 %O 0 CD LO 0 C) c 0 0 0 IT CIA Ntn=vooc"mcoo LO CN 0 C,4 0 C4 I C,4 @@c?7 @77@ -Ln 0 cc=oolno 0 c C) C) C) C, CD C) C) 0 c:l m 0 CN C,4 Ln co CD 0 0 CN cn co IT Ln CN t- 0 C'4 c CN 0 0 C,4 7 7 C-- c ' 7 c? IT CN to 6i CD t -5 CD C:) 0 C) 0 0 0 0 cc LI) 0 0 0 0 Ln L.,) %.I) 0 0 0 LI) C:) 0 0 0 0 C,4 0 0 C,4 Ln C4 rD 0 c- C:) 0 0 0 0 0 LI) to C:) 0 0 in LO tn 0 0 tn 01 0 0 0 C) C4 Cli LO co 0 0 I= CN C? Ln 0 C,4 0 cli CN 0 cn IT CN rD CD 0 0 0 tn Lr 0 0 0 U') L.,) Ln 0 CD tn 0 C) 0 C) 0 C4 N Ln CO IT 0 0 0 C4 M C3 V U') (N r_ I CL 0 C4 r4 C.4 C) M M C4 < co CD CD C:) C) Lo tr) 0 Lr) U') 0 C) 0 C:) C) C:) C-4 N to co v 0 0 C:) cq M M w 0 to N r- C:) rl 0 CN C,4 0 cl) - cl) 0) (N IT z LLJ CD CD C:) 0 0 0 CD 0 C) CD 0 0 c Ln Ln CD 0 0 40 LO 0 0 CD LO 0 0 a) In CD 0 C) (D a) CD CD In rq r4 VI m In 0 4D CN m m 'n C4 i 0 CN w 0 0 LLJ co r, C-4 Cl) c? 7 71 > L) z CII) LU V) tn c la C m 0 0 0. ui CL 0 c (D 0 W >< ul CD LU ID CD a) 'm C dl 01 C, UJ C c _j > LLJ ..c E U) .0 .0 < z - z 41 E -C cu c c, w .0 0 0) n CD -r- :3 cl V, < o E LLJ 0 C) Lj m r- 0 m 0 - C -b -5 m 0 0 -0 O- M c c 0 CZ 0 IL < < co C Li Lu c 2 C) 0 a. 0 a- o- eLl 0 ir doooooocooooooo3co r,4- OOODOOONOOOOOOC)LO 4i nc)ooooo - MVCI)Oooc)LO 0) C'4 LC) 0 C4 0 "-ooo to m in Ln C)@o o 0 U) @@u.) tn C'4 CN LO 0 0 0 IT t- m r4 (D co LO CD Cl) N 000 C,4 ..r4 Cl) LO CD, CD (D CD C), 'I.-) r'4 tn 0 00 r_ Cl) CN co co to Cl) el) 0 C) C:) C'4 CN - co 11) C\l LI) Lr) LO 0 0 0 0 0 Lr) 0 to ir) 0 0 tt) CJ PI 0 0 C:> r- C) C4 CO CO 1.1) (7) 0 C) 0 CN ',(N v m 0 0 0 C:) 0 tn C) Lr) tn 0 0 0 0 0 C-4 (D a? LO CD LO C:) CD C) C:) (D Lf) Lr) tn LC) LC) C) tn LC) 0 0 0 'T r, m C-4 co co in C:) CD C) C) C) C4 C,4 C,4 co CN U') In@ 0 0 00 0 Lr) Ln LO Lr) Ln 0 .0 0 t- 0 0 0 v t- m co LO m m 7 o) 0 C'4 Cj LO Cl) > La 0 0 0 tn t.1) 1.0 1.1) U') 0 n co co 0) co r-mr4omomm co CN C-- 0 0 0 0 0 to LO U-) in LO c-o 0 0 0 v P- m N 0 m tn @ 03 to C) C CIA C% m CN 00 0 CN . - I CN N Ir VI, ri c OL'OOCOOO An 0 0 0 0 0 M n C. C'14 CN t- C) 0CD v r, n N t- m 0 m C4 C4 tn o) 0 CN CN CO CD 0 CN C:) 0 0 C:) 0 U') LO to 0 Ln 0 co 0 tn o? CN co co tn c LO o o o o o in to Ln o th-0 n co CO 0 a 0 0 CD 'n r- cn CN r- U') cn tn U') 0 i5 Ln lm 0 C', co co 0) c a C-1 (U lp CL V) 4) 4) C) CD 0 0 C) Ln Ln LO 0 V) CD n co CN (N r- 0 a0 Q') CN r- m C,4 co Lt) 0 0 0) C-, Ln -6 'n co LO 64 > to C/) LU LLI U) z LLJ VJ tu z LU LU c L::L 0 c .> EL c . 4) c ir 0 X CL ,= IF - a) c IC4 0) (4 --z .0 .5 LLJ to LLJ 4) rL (L) 4) 0. :5 0) LLI co C) 0-C 2 c c CU 2)W 0 c 0 5 z LLI 0 LL4 < Cl) eL x 0 di > z :> U) U) UA n UJ i@'EL'Z -Budget Comparisons 1996/19E 1995/19E 1995/1996 BUDGET ESTMTE BUDGET EVE@TUR= t,lierr-ibership Renewals 42000 49000 60000 Private/new 2000 7037 10000 --57400 9-5000 66000 C@ marketing 24000 County-- -5000 5625 7500 Interest income loe5 360 Income l'und 200 60 ofjnn 1-1 r,-7r) I.QANO Spec@ai-eye-nl"s,. ret-- Quarterly luncheons 4800 5390 4@ 3 'LI, 0 Other 285. 1200 TOTAL REVENLIES 145600, 147432. 163660 OPERATING EXPENSES Advertising -500 -817 Auto expense -1400 -1390 -480. Bank chars es -20 -33 -300 Contributions -20 Co pies -240 -220 -360 Dues/subscriptions -1800 -1620 -1000 Education/seminars -1000 -953 -840 Equipme,it lease -500 -1550 Insurance --2500 -/--862 -'DgOo Marketing -12000 -3600 Materiais/suppfies -3500 -3500 -1200 taeals -1500 -1750 Office expense -400 -900 -120 Outside services -1000 -1550 -1200 Pa, roll I'@-xes -55EO -1-800 -3032 Ortiy luncheons -3600 -5472 -4000 hipping -3000 -4000 -1600 Printing -1500 -1700 -480 Professionai fees -2000 -4@00 -1600 Promotion -300 -450 Trade shows -900 -800 -2100, Repairs/rna;nL- -2000 -3000 -1500 Salarieslexempt -45000 -85000 -60000 Salariesfnon exempt -27798@ -8000@ -42600, Salaries marketi,)g -12000 @U-EO i e s -500 -500 -480 Taxes-fi-i-c-e-nses- -20; -24 -2001 i eiednone -,Douu -01800 -Travelle.-.tertnmt -400-----80 -960 A@@hop@/@eril@er mtgs -300 -305 -960 Internet -2000 -5500 -2400 Printir.g/distr news!+r -1000 -820 -2500 Employee benefits -3000 -2800@ -4440 June 18. 1996 Budget/Actual Comparisons 54 TVEDC Budget Comparisons Re.nt/L@ti! itie-c.;!.moving _10900 m councils -664 -1200 miscellaneous -600 @@pE-RA-TNG-EXPf4S-=S -"140558 -@52 REVENUES OVER U@N p @R)_ @@l ES 5042 -3348 2308 #1 995/1996 estimate is based on 'i I months actual plus review of June's income and expenses. June 18,1996 Budget/Actuai Comparisons 55 Lr 'r7 r7 i 0 0): t- C'4 C4 'T: co U) 'v Cl) V; C'4 (D o C) . . . . . . . . . 0 @-00@00-t- ce) C,4 C,4 C,4 (N C'4 IC? C?@C? Lr)! CN ce) V- :o o o@-0 0; 0 0'0 10 o@oo o o o o c@c) oic) 01c) C) o o C) o o o o C),o 0 C) C) C): C) C) C) C) C) I C) C); 0) 40 CD C) CO C)@O C) @ C) C) C:> C) C:) C); C:) C): C) C) 0 C): 0 C) v: 0 C) C) co 0 C,4 (N @ co 10 M c@O 0 LI C:LO M@C 0 0 (=);o C) CC) U') Ln 0 T-! @ c:p Lo -VI C-4 t LO Ln W CN, CN C> U') nTm MI C-4 C4 CN CO V LLJ CO -7 -0 Lij -0 z -i < LLJ < 10 C) C> 0 0 0 0 co C) 0 0 : o i o C) U-) < LI, Z LL < CL w z 0 Lr) Cf) C,4 0 U-1 Z (D Lull< < co >< F- z 0 C:) 0 0 C:) 0 C:) < '@4 o n co 0 Z 0 0-0-o 0 0 co 0 0 0 0'0 0 0 CIO o@C) C) C) 0 0 C) C) 0 C) C) C) C) C) C) C) 0 C) C) C) C) C) 0 0 LO C) co CN CN 0 all 0 0 = CD LO CO CD C) C) co L") Lo 0 CZ C'4 u) q v U-) (O CN (N C) n ce) Ct) co C,4 C'4 T- ry co C') C'4 < tn M c: cn ,un @.o Cl) (LI Lo n LO c:U) x LU > U) FD C A I- - C C 'D - 0 ID 0 Ln cn U) C: o Q) 0 c > CL C'- m ('-3 CL CL) (1), 6 x LIJ CU 0 0 C < C"- < 0- 0 LLJ F- Lr) Cy) M CO cr) CO @ ('4 C4, C,4 'Loi tn@ (=i,o o@o o,d O,C:) (b C6, 000000000 CO C,4 0 @ CD C) C) CD C) tn. Lri U') Lf) v CY) Cl) CN Lr); C) 0 LC) 0) g5 w 0 z- i C,4 (N w Li z 0 Lu 72 >< CO "O LL, < Ct) 0 0 L9 LI? Lr) CO CO ci 00 0 0 ù0 0 0 CO CO 0 C4 CF> E V) a) c tn In LLJ' c: In' (U 'D ID VI 0 c -- c>u - - U , 5r 0 ip L.C- a@) @4) 0 Q) > > 0 x 0 m U) LU@o C) ?: 0- u ENDIVEDUAL REVENUES & EXPENSES AS A PERCENTAGE OF TOTAL REVENUE & EXPENSE TOTAIL RIEVIFNUES:. $1459600 TOTAIL EXPENSES: $1409558 NET REVENUES OVER EXPENSES: S 59042 REVE@S: CATEGORY PERCENT Renewal Membership 28.8% Private/New 1.4% city 49.3% County @3.4% Income Fund .14% Special Events, Net 6.9% Quarterly Luncheons 3.3% Other .14% EXPENSES: Advertising .35% Auto ExTense .99% Bank Charges .01% Copies .17% Due&/Subscriptions 1.2% Education/Seminars .71% 58 PERCENTAGE ANALYSIS CATEGORY PERCENT Equipment Lease .36% Insurance 1.8% Marketing 8.5% Mateiials/Supplies 2.5% Meals 1.1% Office Expense .28% Outside Services .71% Pa@Toll Taxes 3.9% Quarterly Luncheons 2.6% Postaoe/Shipping 2.1% Printing 1.1% Professional Fees 1.4% Promotion .21% Trade Shows .64% Repairs/Maintenance 1.4% Salaries/Exempt 32.0% Salaries/Non-Exempt 7.7% Salaiies/Mark-eting 8.5% Supplies .36% Taxes/Licenses .01% 59 PERCENTAGE ANALYSIS CATEGORY PERCENT Telephone 2.3% Travel/Entertainment .28% Workshops/Member Mtgs. .21% Internet 1.4% Printing/Distr. Nwsltr. .71% Employee Benefits 2.1% Salary Funding Payable 12.1% G OF REVENUES AND EXPENSE BY SIZE: RIEVENLTIES: CATEGORY FUNCTION PERCENTAGE 1. City Mktg/Operations 49.% 2. Renewal Memberships Operations 28.8% 3. Special ENents, Net Operations 6.9% 4. County Mktg/Operations 3.4% 5. Quarterly Limcheon (gross) Marketing 3.3% 6. Pri\,ate/New Memberships Operations 1.4% 7. Income Fund Marketing .14% 8. Other Marketing .14% EX-PENSES: CATEGORY FUNCTION PERCENTAGE 1. Salaries/Exempt Mktg/Admin 32.0% 2. Salary Funding Payable Administration 12.1% 3. Salaries/Marketing Marketing 8.5% 4. Marketing Marketing 8.5% 5. Salaiies/Non-Exempt Mktg/Admin 7.7% 6. Payroll Taxes Administration 3.9% 7. Quarterly Luncheons (gross) Marketing 2,6% 8. Matexials/Supplies Mk-tg/Operations 2.5% 60 PERCENTAGE ANALYSIS CATEGORY FUNCTION PERCENTAGE 9. Telephone Marketing/Admin. 2.3% 10. Postage/Shipping Marketing 2.1% 1 1. Employee Benefits Administration 2.1% 12. @rance Administration 1.8% 13. Professional Fees Mark-eting/Ops. 1.4% 14. Internet Marketing 1.4% 15. Repair/Maintenance Operations 1.4% 16. Professional Fees Marketing 1.4% 17. Dues/Subscriptions Marketing 1.2% 18. Meals Marketing 1.1% 19. Printing Marketing/Ops. 1.1% 20. Auto Expense Marketing .99% 21. PrintineiDistr. Nsltrs. Marketing .71% 22. Outside Services Admin/Ops. .71% 23. Education/Seminars Operations .71% 24. Trade Shows Marketing .64% 25. Supplies N&-tg/Admin/Ops .36% 26. Equipment Lease Operations .36% 27. Advertising Marketing .35% 28. Travel/Entertainment Marketing .28% 29. Office Expense Operations .28% 30. Wkshps/Member Mtgs. Marketing .21% '@ 1. Promotion Marketing .21% 32. Copies Marketing .17% 3. Taxes/Licenses Administration .01% 61 1996-1997 TVEDC BUDGET ANALYSIS The following information defines the Generation of the 1996-1997 TVEDC budget for income and expenses. This data is in a slightly different format and a more detailed account background than the 1995-1996 budget. Summary data is reflected at the end of this report. REVE S: MEINIBERSHM-REN'EWALS = Amount of $42,000 reflects revenues expected to be collected during next 12 months from existing members. This represents a decline of $18,000 over the 1995-96 year and is a reflection of changes in the local economy and business structure. MEMBERSHIP-N-EW = Expected new membership should total a minimum of $2,000 based on continued membership recruiting by both staff and board/members. Ongoing membership recruitment efforts NNIR occur. This is a smaller amount than 1994- 1995 and 1995-1996 and is purposely understated, but reflects the reality of competition for and lack of available funds from the business community. MEMBERSRW-CITY = The amount of $57,400 represents city fimding to the TVEDC under contract with the City of Temecula. This is an increase of $2,400 over the 1995-1996 fiscal year but represents additional ftmding the City had agreed to in 1995 to assist in covering the costs of utilities et al when the TVEDC had to relocate to another building. There is a $2,000 per month (S24,000 annualized) revenue from the city shown as a separate line item for marketing related projects. INIEINIBERSBIIP-COUN'TY = Ri-%-erside County and Riverside County EDA membership amount of $5,000 based on working relationships with the county. This is the same amount as 1995-1996. @ERIF,ST @COME = Was left unbudgeted because cash position in various financial institutions, even if in interest bearing accounts, is not of great enough si@cance to have major revenue impact. Any interest earnings received win be reflected in monthly financial reports, but will not have significant bottom line impact. INCOME FUNTD = Total of $200.00 is amount generated from sale of demographic and real estate database packages. SPECUL EVENTS = Total of $I 0,000 represents fimding from June 1997 golf tournament. 62 1996-1997 BUDGET ANALYSIS QUARTERLY LUNCHEONS = S4800 revenue is gross before costs of $'@600, or a profit of $1200 from the luncheons. DONATIONS = Remain unbudgeted for 1996-1997 fiscal year as no specific donations are expected. GROWTH SUCCESS PARTICIPATION = As a source of continuing fimding to the TVEDC (a practice not uncommon for other progressive cities and sophisticated EDCS) a small percentage of increased business revenues generated to the city on a quarterly basis, reflecting the effects directly or indirectly of the efforts of the TVEDC will be payable quarterly to the TVEDC. The use of the funds is not specifically defined within the budget because the fimding amount is a variable, therefore good accounting practice makes it difficult to specify usace at this time other than it will be used for marketing the city. To insure complete accuracy on the part of the TVEDC, dollar amounts are not included in the budget for each category outline(L Rather, specific numbers and percentages for the first quarter payment due will be calculated when fiscal numbers are known. The formula is: ReveizuesIFeesas of eiid this quarter less RevenuesIFees as of etid ofprevious quarter equal Net Gaiii Over Previous Quarter multiplied by 5% equal Amount payable to the TVEDC The "Re,,,enues/Fees" components for purpose of formula calculation includes: a.Sales Tax Revenues b.Licenses and Franchise Fees c.Charges for Services related to Planning, Building/Safety, Public Works. OTIE[ER @TCOME = Amount of S200.00 represents other previously uncategorized income that will be generated during the fiscal year. EXPENSES: ADVERTISING = $500.00 dollar amount budgeted as advertising is to be used for advertising opportunities beneficial to TVEDC that do not flow through City of Temecula marketing program This amount is a decline from 1995-1996 63 1996-1997 BLTDGET ANALYSIS Paoe 3 of 6 im AUTO E)OENSE = Total of S 1,400 represents cost of local transportation on TVEDC business. This amount is up from 1995-1996 budceted but equated to 1995- 1996 actual. Increase is based on Trade Shows being located in Anaheim, and need to meet clients being recruited from Los An-eles and Orange counties. BANK CELARGES = Total of $20.00 budgeted for account handling expenses at financial institutions. CONTRIEBUTIONS = No budgeted amount for this category and no planned expenditures. COPIES = Budgeted for $240 representing costs of colored copies as needed for membership and other related activities. DUES/SUBSCRHTIONS = $1,800 represents costs of membership in related economic development organizations and subscriptions to two newspapers. This cate-ory has been reduced again this year. However EDC leads and related EDC data are Generated through membership in three economic development organizations and are considered critical to the ability to operate the @DC. EDUCATION/SEMLNARS = Budgeted amount of $I 000 compares to previous vear budgets and represents needed education for staff in a continually changing environment. EQUIPMENT LEASE = $500.00 amount is for postage naachine and related equipment. INSL@NTCE = The amount of S2,500 represents expected insurance costs including General Liability and D&O costs. This amount is a reduction to the previous years actual expenditures, and reflects an attempt to bid out risk management. TING = The amount of S 12,000 represents marketing costs expended for industry specific projects used in business attraction and retention, including 3 or more outreach pieces. Appro. ' tely $2,500 is for CD-Rom. NATE S/SUPPLIES = Budgeted at S1,500 representing costs of general office suppees. This amount is similar to 1995-1996 budgeted amount. MEAILS = $1,500 budgeted amount are projected costs of meals for enterta@-, potential relocating clients, and meals at trade shows. 64 1996-1997 BUDGET ANALYSIS OFFICE EXPENSES = Total of S400.00 is cost of operations of office excluding materials and supplies. OLTTSI]DE SERVICES = Total of $1,000 is for bfflffig services and other services in the general operation of the TVEDC offices that can not be done internally because of lack of staff. PAYROLL TAXES = $5,580 represents expected payroll taxes based on budgeted salary costs. This amount is a reduction over 1995-1996 and reflects a drop in non- exempt salaries and a staff reduction for the Executive Director for a portion of 1996- 1997 fiscal year to cover other costs. QUARTERLY LUNCHEONS = The amount of $3,600 covers costs of $900 per quarter for luncheons. These cost are recovered in Quarterly Luncheon Income. @s amount is similar to previous years expenditures. POSTAGE/SHWPING = Postace and Fed Ex shipping will generate $3.000 in annual costs. This category is directly impacted by client desires to have information or other data "The very next day". FedEx shipping or other lower cost methods are used on a group discount base whenever available. PRINTING = Costs totaling $1,500 are for internal printing such as stationery, envelopes, business cards, and related TVF-DC marketing data. PROFESSIONAIL FEES = $2,000 budgeted amount reflects potential computer servicing fees when needed, and other unexpected legal and specialist fees or char,-es. This amount is similar to 1994-1995, and 1995-1996 actual costs. PROINIOTIONAL = Amount of $300 reflects special promotions, usually related to trade shows. Amount is similar to 1995-1996 budget and actual expenditures. TRADE SHOWS = $900. 00 budgeted constitutes four trade shows to be done jointly with Team California. The registration fee will be underwritten by the City of Temecula. This is a $1,200 decrease over 1995-1996 budgeted amounts. REPAIERS AND ENANCE = $2,000 is expected cost of services and maintenance on office equipment including maintenance contracts. Of note, during 1995- 1996 over $4,000 in parts and labor were expended by Minolta via contract to maintain the TVF-DC copy machine which is now over 6 years old and has close to one million copies on it. 65 1996-1997 BUDGET ANALYSIS SALARIEES/EXEMTT = $45,000 represents staffing costs for Executive Director. @ is a reduction of $15,000 over 1995-1996 budgeted amount. For the period I July through 31 December 1996 the monthly compensation is set at $2,500 to cover the costs of Salary Funding Payable to Diversified Temporary Services. The monthly compensation returns to $5,000 per month I January 1997. (Please see Special Payable assumption in "Summary Section"). SAILARIEES/NON-EX-ElkIPT = S 10,800 is salary base for all non-exempt staff for the year and is a reduction of $'31,800 over the 1995-1996 budgeted amount. @s category assumes the use of one hourly employee for internal office fimctions. SALARIEES TING = $12,000 is budgeted for cost of salaries related to marketing activities for TVF-DC marketing/ marketing of the city ongoing projects. SLT,PPLIES = $500 is extected costs of computer cartridges and other related systems operations. TAXESILICENSES = $200 is the cost of state and related @gs at fiscal year end. Ms extense is a normal annual expenditure. TELEPHONE = $3,-300 Cost reflects monthly telephone activity including voice communication lines and modem/fax systems. TRAVEL/ENTERT.@'-MENT = $400.00 reflects costs of traveling to trade shows when flying is required. WORKSHOPS/AIEMBER MEETINGS = $300.00 represents non-recoverable costs of preparation and printing for TVEDC sponsored workshops and member meetings. @E@T = Cost of $2,000 reflects expense for maintenance and changes on TVEDC/City of Temecula Home Page. This system is a primary marketing tool of the TVEDC in selling the City of Temecula. PRINTING/I)ISTRMUTION N7EWSLETTERS 1,000 is the cost of printing and distributing real estate, quarterly, and monthly newsletter updates. 66 1996-1997 BUDGET ANAIIYSIS EMXLOYEE BENEFITS = $'3000 is TVEDC portion of cost of health insurance for Executive Director and incidental employee benefits costs that occur. SALARY FU"ING PAYABLE = $2,833 per month for a six month period from I July through 31 December 1996 indicates amounts purportedly represented as owed to Diversified Temporary Services for certain payroll costs incurred during the 1995-1996 fiscal year period. In month six the final payment may be $8'35.00 depending on total balance due. sulklIN@Y: The following assumptions were used in preparing the 1996-1997 budget: 0Membership revenues will remain lower than the 1994-1995 period, and companies such as Kemper will no longer renew. 0Private new memberships will be aggressively sought, however the Manufacturers Council will directly impact new memberships being recruited. 0City funding will increase through three allocation categories: (1) Cost of Facilities (2)City Marketing ('@) Growth Success Participation. 0'ne TVEDC will put on a golf tournament in 1997. 0Expenses for operations will remain limited. 0No assumptions were made as to cash reserves for year end 1995-1996, including the 1996 2olf tournament. If certain additional revenues are available they could positively impact Salary Funding Payable, and change the amount of staff salary bud-et. Areas that Need Additional Attention for 1996-1997 Fiscal Year: 0No allowance was made for additional "Ways and Means" efforts, however the Executive Director believes a Ways and Means committee and program is important to the funding of the TVEDC for 1996-1997. 0Upon completion of the 1996 golf tournament amoimt of funding reserves generated should be reviewed and allocated including reviewing Salary Funding Payable. 0Certain savings accounts should be established to reserve on a monthly bases for Insurance costs, Quarterly and annual maintenance billings, and Related annual extenses. 0Renewing and new memberships AiR remain a major challenge and the assistance of the entire TVEDC membership is critical to maintaining a viable, growing member roster. 67 ERRATA A company named Dispomed out of Louisville, Texas, with a Los Anceles area operation, is referred to on pages 10, II, 19, and 45. As of Aucust 3 1, 1996, the status of Dispomed is indeterminate. Efforts to contact Dispomed have been unsuccessful. Until the TVEDC can confirm Dispomed's status the related 'Jobs" data ought be reoarded as preliminary. NLARKETING PLAN FOR TENIECULA VALLEY FILM CONINIISSION 1996 ATTAC@JENT E Marketing Plan for The Temecula Valley Film Commission 1996 Submitted by Mark A. &- Mickie Evans Board of Directors Maggi and Steve Aflen Mark A. and Mickie Evans Eve Craig Bob and Jeanne Burns Robert and Linda Schmitt Sunny Poulson Thomas Stacy and Gail Sievek Carl and Joanne Love Tony and Helen Maiatta A@ry @ for FUm Festival Robert President & CEO Ramon Real Emft Terry GUmom, General Manager, Paradise Chevrolet Bwck Geo Barbara Mannion, Director of Acquisitions, Trident Releasing Inc. PattiAm Director, Calfforma Film C... Craig Prater, Chair7nan & Exec. Director, Nortd Palm Springs Int'i Film Festival Brigid Walsh, Senior VP, Public Relations firm of bUchaeK Wolfe & Tencer of Beverly HiUs Eric Roberts, star of MGM's "It's My Party," and New@'s released "Heaven's Prisoners". HOW THE INLAND EMPIRE AND TEMECULA VALLEY FILM COMMISSIONS RELATE TO EACH OTHER The Temecula Valley Fihn Councfl's main focus is Temecula! Temecula is one ofmany cities and communities comprising the Inland Empire vying for the lucrative Motion Picture and Television industry production dollars. It is critical to aggressively market our unique offerings of landscapes, historical sites and residences to the decision makers on a personal level. The Inland Empire Film Commission is the state designated fihn liaison for San Bernardino and Riverside Counties. Their p@ concern is attracting film companies to both counties. Technically, Temecula is within their'urisdiction and should be included in all promotional activities concerning Riverside County. However, i past experience has indicated that Temecula!s representation has been somewhat lacking. We will continue to work in concert with the Inland Empire Commission on several fi7onts including advertising, promotion and public relations. There is no place for a rivalry when it comes to promoting ourselves and the area, but we cannot afford to simply rely on the Inland Empire Commission to advance our objectives while we become passive. CURRENT AND FUTURE PROJECTS FOR THE TEMECULA VALLEY FILM COUNCIL 1996/97 1 .The TVFC is currently working to secure Oak Knoll Productions television series entitled "Canterwell Farms" and "A Pony Called Grubbs." These two projects have already contracted for 23 episodes with Jeff Margolis as producer/director. Filming locations shown include Galway Downs and several other thoroughbred ranches in Temecula and Murrieta. Production is tenta- tively scheduled to start July of 96. Cast and crew of approximately 100. 2.Emmanuel Bergyn's as yet unnamed police thriller project is set for Temecula and Murrieta using private residences and businesses. This is a three week shoot tentatively scheduled for May 96. Cast and crew of approximately 30. 3.An Action/Martial Arts film project by Sleeping Dragon Productions is tentatively scheduled to shoot in June 96 in the Temecula Valley Area. Cast and crew of approximately 30. 4.Locations are being considered for a Roger Doyle's television series project entitled "The New- comers", including a private residence in Temecula, the CRC Amphitheater, and a local ware- house. The shooting schedule is undetermined at this time. 5.On-going location requests for various reproduction sites continue to pour into the Temecula Valley Film Council office on a regular basis, such as hacienda style structures, dilapidated barns, Mexican viflage-type streets, an old style bus station, and futuristic looking buildings. 6.The Temecula Valley Film Council is also instrumental in influencing the decision of a new re- cording company to set up their corporate offices in Temecula. Tle company is currently in negotiations with CDM to lease office space. TVFC is not at liberty to divulge the company's name at this time. The company is scheduled to open May of 1996. THE TEMECULA VALLEY FILM COUNCIL'S ACCOWLISHMENTS The direct financial benefits to Temecula businesses and residents from the several film and video produc- tions to date, is by now well documented. The Temecula Valley Fihn Council has to date, generated $650,000 in production revenues over the past 4 years that has been left here in our economy. To effectively increase film and television production activity, the council has taken several steps to ensure that Temecula is regarded as a serious and viable location for film and video projects. A permanent residence at the KRTM Radio offices has been obtained at no cost, which provides staffing at all times and the luxury of having every phone call answered. The council has also hired an experienced executive director (Jo Moulton) whom has already proven herself as the driving force behind the initial development of the council itself. We have also revised the Board ofdirectors to reflect a more balanced group of individuals that are conunitted to the success ofthe Temecula Valley Film Council. Below is a list of achievements to date: 1Most recently @e B Productions filmed an industrial/corporate video in March which required a one day shoot in the French Valley area involving a cast and crew of 20. 2.This February, a Jeep commercial was filmed at Paloniar Mountain by an Orange County Production Company. Temecula benefitted from dining expenditures and the use of a Temecula water truck company at the rate of $45. 00 per hour for two days. 3 .This January, a Lexus car conunercial was filmed in the area by Vi&W Images. Again Temecula benefitted from the revenue paid to restaurants, gas stations, and a Temecula water truck company at a rate of $5 0. 00 per hour for nine hours. 4 .Kevin a FdmFes&W Participant, will be his newest film project entitled "Cowboy Shaman" during the I= week ofapfil in Williams, Arizona, Tem@ and Mur-rieta. In addition, the Temecula Valley Fihn Council was able to convince him to use Temecula Wmes (Thomton Wmes and Champagne) in a very crucial party scene in this movie. 5 .Metro Films ofnew York has scouted @eta and Temecula for a Discover Card conunercial. A production shoot is scheduled to take place during the first week ofmay. THE TEMECULA VALLEY FILM COUNCIL FUNDRAISINGPROJECTS 1.The TVFC is currently soliciting advertising in the updated Production Guide. ne Temecula Valley TV/Film Production Guide is vital to the success of the Film Council in bringing film and television production projects to Temecula Valley. Production Guides are considered the "Bible" of the motion picture, television and advertising industry for on loca- tion production work. 2.Popular children's and adult hardback books will be sold at this year's Balloon and Wine Festival. Booth space is being donated by KRTM Radio. 3.The Film Festival is doing a pre-festival fundraiser event featuring up and coming fashion designers and talents from the Los Angeles and San Diego Area. The event is co sponsored by Fashion Institute of Design Merchandising from Los Angeles and Talent Resource Net- work of Los Angeles and San Diego. The event is set for June 16th, 1996 at the CRC Amphitheater in Temecula. This is a black tie optional affair. The Film Council will show- case Temecula wine and cuisine. FIDM and TRN of Los Angeles who are producing the show will be providing television coverage of the event and win produce a 30 second commer- cial for the Film Festival and Film Council for advertising in the Los Angeles market on cable and broadcast outlets. 4.A display booth at the 4th of July event at the Sports Park will sell children and adult books, as well as promote and the Temecula Valley Film Festival and sell festival tickets and merchandise. 5.The Temecula Valley Film Festival will be held September 18th - 22nd of 1996. Currently the Film Council has secured sponsorships from Paradise Chevrolet Buick Geo, Norm Reeves, Target, Walter's Mercedes, and pre commitments from the Mission Inn to sponsor the Opening Night G@ Opening Night, Screenings, and the International Market Place win take place in the Palm Plaza. Last year the Film Council accomplished bringing Hollywood to Temecula. This year Hollywood will be here again and we will be focusing on increasing the attendance from 3000 to 10,000. 6.The Film Council is currently working to premiere "Weekend in the Country" at a local theatre for the purpose of fundraising. Merchandise and festival tickets will be sold at the venue in addition to the admission price. 1996/1997 BUDGET EST TE Revenues 1. Production Guide $ 4,000.00 2. Children and Adult Book Sales $ 2,000.00 3. Designer Fashion Show $ 1,500.00 4. Temecula Valley Film Festival $10,000.00 5. Membership - Friends of The Film Council and Film Festival $ 3,750.00 6. Miscellaneous Fundraisers $ 5,000.00 7. City Fundino, (See attached budget) $35,000.00 4D TOTAL $61,250.00 Expenditures 1. Print Media $15,000.00 2. Trade Shows $ 7,000.00 3. FAM Tours/Location Scouting $ 4,000.00 4. Part-Time Executive Director $12,000.00 5. Production Guide $ 4,000.00 6. Program Guide used for Film Festival and Film Council for calendar year $ 6,000.00 7. Office Rent- Donated 8. Electricity Donated 9. Office supplies Donated 10. Telephone $ 3,600.00 11. Postage $ 1,200.00 12. Insurance $ 2,500.00 13. AFC International Membership $ 500.00 TOTAL $55,800.00 NET INCOME $ 5,400.00 BUDGET REQUEST FOR 1996/1997 1. Revise Temecula Valley Film Coundi Production Guide $4000.00 This is the main marketing tool and it will contain all the updated information a producer, director or location scout requires for filming in the Temecula Valley. A minimum of 2000 will be printed and distributed to the industry. This will be updated yearly. The City of Temecula may add information to the Production Guide if desired. 2. Trade Shows $6000.00 The Temecula Valley Film Council will have display booths at the Show Biz Expo in June 96 and the NATPE in January 97. These trade shows are very effective vehicles for marketing and educating the motion picture industry about the assets and benefits of filming in Temecula. 3. ProgranLs $6000.00 3000 Progrqms will be printed and distributed during the Festival and on goinc, for the following year. It will be used as a marketin- tool for the Festival and the Film Council. 4. MediaAdvertising $15000.00 Advertising in selected issues of Daily Variety, Hollywood Reporter, Locations Magazine, LA 41 1, Creative Industry Handbook and Producer's Master Guide and membership in the AFC International. The Film Council did minimal advertising last year because it is very expensive to place display ads in these specialized trade magazines. The advertisements will be for the Film Festival and other special events that will take place in Temecula. This is crucial for top of mind awareness in the industry. 5. Location ScouVSurvey Services $4000.00 These dollars will be used mainly to cover expenses incurred during location scouting trips for production companie& Costs involve film, film developing, and photo library. To date, the Film Council, receives at least 1 0 location requests a month. Total Request $35,000.00 c)wbiz Expo T h e E v o I u t i o n o f P r o d u c t i o n Z8-30, 1996 '[os Anqeles @nvention (enter - Los Anqeles, (A Your Unique [vent ShowBiz [xpo is the premier trade show and'(onleren(e for the entertainment production industry providing the latest tools, te(hniques, te(hnologies and servi(es from pre- to post-produ(tion. for a rowing Hdrkpt Inteqdiflment is a $1 5 3+billion industry whi(h is proje(ted to @,,O.w to$ 503 billion by the year ZOOO. (omprised of Feature film Video - Broad(,@,-It & Cable Television - Musi( Vidqos - (cm, mer(ials - (otora@ Yideos - Theatre - Theme Par@s R[ID IXHIBITION (Os. MARKIT A((@SS VARI[TY PARTH[RSHIP FO(US lociTION Bd(@ed by the Del.iverinq more Variety-run (onferen(e, The cnly event in the heart of the world's largest than 10,000 buyers. the must attend fo(usinq on U.S. entertainment trade show organizer. industry event. the entire spe(trum industry, of entertainment production for mor? 'informdii.i)n: (all (L'03) 84G-Sti88 or lax (101) 340-9888 7,i Cm L-V Mr Lz. CL. Cl) LLS LA- LL. iL t4 MAY-23-'95 TLIE 13:51 ID:SCREE@L INTEPNRTIIXP- TEL @10:21" 655-4906 ttooo Pei -SCREEN INTERNA-T-1-OxAL DOLL4R RATE CeiRD X995 I'veckly and Mark-et Product Guide COLOUIR BLACK & WMITE Full Page 05225 Full PaRe $3528 Double Page ieead $10,150 Dcubi-e Pane Spread t7O64 Half Page 3598 Half Page $1900 Mini Page 3814 .-Mimi P!26 $1898 Horizontal Strip $2530 Horizontel Strip $1326 q t Ae Sixth of a Page $ 725 q 11 @Twolf&,h of a Page t 640 Ouarter Page $ 958 $ 546 EXTRAS spot Colour $292 Bleed + 10% Pamtone Colour $387 SPGC!BI Positions + 1096 Motslllc Colour $774 COVEFtg F:ront Cover (Weekly) Heavy Stock $12198 Front Cover (W,-@)@o ular Stock * 8470 Insido Front (Wpekly) Heavy Stock $ 7823 Inside Front (Weekly) Regular Stock * 6607 Outside Back_tWookly) Heayy Stock $8470 Front Cov-sr of Spooligl Rftoort 05548 Inside Front of Spicial P@ot-t $4913 Ovtoide Back of Rp_port $5082 Gatefold 8 om application INSERTS 0- IO gri3ms $394 2er 1 000 .21-25 grams $(TOO per 1 000 11-15 grams $48 4 Eor 1 00,) 25-30 grame on applicatlom 18-20@rar-ns t242 per 1 000 Odunded Inserts Co,;'s r!-, mb,)ve Pius $3207 -TIPOMS $5353 (;Includes rost of All Inserts must be lowtv *NAYIDNAL and lndivetimg r Poti@-it, rex s.,otr 76".l Date a, to to I TO- Pt -JA Fr, Fsix k TLi@9 19<7 GENEliAL RATY,' S - BLACK & WHITE ADVERTISING Fff@Date 9/l/94 T*WID 70" $4,150 $4,040 $3,930 $3,820 $3,710 $3,600 $3 , 490 PAGE 40" 3,025 2,945 '",870 2,790 2,710 2,625 2,550 1/2 PAGE 35" 2,530 2,465 2,400 2,335 2,270 2,195 2,130 40DLX7" 28of 2,035 1,980 1,925 1,870 1,815 1,760 1,705 1/3 TABLOID 24 " 1,760 1,715 1,665 1,625 1,575 1,530 1,480 1/2 MAGAZINE PAGE 20" 1 -W 1,455 1,410 l@ 1,320 1,275 1,235 1/4 TABLOD) 18, 1,375 1,335 1,300 1,265 1,235 1,195 1,160 2COLX7" 14" 1,100 1,070 1,035 11000 970 935 900 1/4 MAGAZINE PAGE 101, 850 830 810 785 765 745 720 COLUMN INCH 99 Publisher has the option to position same-size ads together on the same page. AU ads of I O' or more within a 12-month contract period contribute toward frequency discount. I t I J"lil OR FRONT (,OVERS/SPECIAL UNM All color rates are in addition to space, special pnsidons, bleed, SUPER STRIP (IO" - 5 col. x 2'; 254 mm x 51 mm) production charges, etc. FRONT COVEIRBACK COVER 4-color $2,700, B&I" $1,850 $1.25'0 MetaMc $1,880 VARIETY Red $2,250 $1,950 Matched $1,550 4-color $4,830 $4,250 Day-Glo (fluorescent) $3,225 2-color (standard') $900 MARQUEE YeJ]ow, Magenta and Cvan, Publisher's Green or Red. plus BlacL (15" -3 col. x S'; 149 mm x 127 mm; includes 4-color) FRONT CBVER BACK COVER BLM 4-color $7,600 $6,600 B@ is available on fia-page units and sprevds ordv. 10% TOP HAT -front cover only pmwtun on sum of space, color and position charges. No @c for (I 8 - I / 2 " - 3 col. x 3 -1/4 " ; 149 m m x 127 mm, centered gutter bleed. over 5 col. x 1-3/4"; 254 mm x 45 mm strip; includes 4-color) $8,800 PREMMPOSMONS Add the following premium posibon charges to the st u ii of space, 'A color and bl@: First Spread m c@ iss@ Fint Right-Fand Page LIL""O Seoond Sprrad m Gate,'old S32,(M Second Right-hand Page n Front Cmer $25,000 Third Spread m 2-@ Inside Front Cai'cr p 415,000 Back Cover 'ird Right-hand Page m ,,st Left-hand Page m. ..2-3% Inside Back"@er $10,000 Center Spread zl% Spine *,2W Page Opposite 'Box Office &m Right-hand AD other premium posifidm GENERAL RATES - BLACK & WHITE ADVERTISING 9/l/94 ID@PAGE 70" $3,225 $3,160 $3,110 $3,050 $3,000 $2,950 $2,890 PAGE 40" 2,400 2,370 2,325 2,285 2,250 2,210 2,160 112 PAGE 35" 1,950 1,915 11880 1,850 1,815 1,785 1,750 4COLX7' M. 1,575 1,540 1,510 1,475 1,440 1,410 1,375 1/3 TABLOD) 24" 1,365 1,345 1,320 1,295 1,270 1,245 1,225 1/2 MAGAZINE PAGE 20" 1,155 1,135 11110 11090 1,070 1,045 1,025 1/4 TABLOID 18,P 1,075 1,060 1,035 1,020 1,000 980 965 2COLX7" 14" 975 860 840 825 810 795 780 1/4 MAGAZINE PAGE 10" 650 640 630 615 605 595 585 COLUMNINCH 75 Publisher has the option to position sam e-size ads together an the same page. All ads of 10' or more within a 12-month contract period contribute toward frequency discount Ulti mk@ i t I j@) f-71M 9 K* f@l COLOR FRONTCG'JM/SPECL4LL UNM AD color rates are in addition to space, special positions, bleed, RW (5'- - 5 coL x I'; 254 mm x 25 mm) production charges, etc- B&AV 4-color $2,850 DAILYVARIMYGreen $1,750 Metallic $1,950 2,,@olor (other than DV Green) : .. $2,460 Matched $1,650 4-color $4,475 Day-Glo (fluorescent) $3,400 2-color (standard*) $975 SUPER STREP (10'- 5 coL x 2"; 254 mm x 51 nun) Yellow, Cym or Magenta, Pubbsbees Green or Re(l, plils BladL B&IV $2,700 DAILYVARJMGreen $3,100 2-color (other than DV Green) $3,750 Bleed is available on fia-page units and spreads onlv. 10% 4-color $4,650 k premitun on sum of space, color and position changes. No &We for MMQUEE (15'- 3 coL x 5'; 149 mm x 127 nun; gutterbleed. includes 4-ciolor) $6,850 P POSMONS TOP HAT - 3 coL x3-1/4' [149 mm x 82 mrn] centered over 5 cni. x 1-3/4' 1254 mm x 45 mml; includes 4-color) $8,600 Add the fou@g premilun position @ to @ie stun of space, color and bleecl- Opposite "Just forvariety" Cohnnn Fint Spread 25% (8 cols. x 14,' 4-col.:it) : $17,500 Fimt Right-han4 Page 25% Second Spread Z5% Second Right-hand Page -------- Z9 % Third Spread Z,7o ROID Right-hand Page @% First Left-hand Page ; 25% Center Spread 25% Catefol Back Cover 75% Front Covei $: Inside -'@..-ont @ Page Oppositf, "Back Lot 25% Back Cover 11 12 Page Belovi "Back Lot Thside Back Consecu&m Right-@nd Pages 15% Spir,-t ..$4,000 .. . ......... ............ AU other guaranteed advertising posidr)ns 15% Nk ADVERTISING brat-t &",'@:EPORUR CHICIK APPLICASLE BOXE$T C) NEW ACCOUNT 0 ACTIVE soss YAI&hire Boulev&rd Lot Angeles CA 9003&-4396 phone (213) 325-2022 Fax (213) S29-2372 C.0 CUSTOMER NO. SPECIAL ISSUE OR PUBL C.I. 0 0) SALESMAN DATE CLASSIFICATION NO. ADVERTISING ACE14CY: ADDRI cliv STATI zip Ai[tA CODI TILIPHONF Alk[A COD AUTHORIZI COMPANY PHONE - CLIENTIS P.O. OR INSERTION ORDER NO. COPY IDENTIFICATION (lead line) PO$ITIO-4 I-Okoll &Ml, 0 CotA"1144C 0 ARY OFFT. 0 CAM(RA 0 z ovi cl- - .11% .OT CAIAFMA OFAD'T 04 DIPAitTMENT IN@TK)N u A )6'x C S2X &@VAa tATt- L)4 =OR @- w@ Pxd t:METALLICM" nigtit$Tto ThAlt lHittSt t] OWO@L 0 i PRC)OL RfQuLSTIO? C) qrrs a PAO C3 DA't AT PUBLISMF$t'S DISCRETION. ADS it(CEIvEO AFRR DEADLINE, 11 AC- 04ANCO CEPITED AND RUN, WILL BE SUS)ECT TO A SURCHARCF BASED ON toun ACTUAL COST INCURRED. CUSTOMER ACCEPRS LATE CHARGI LIABILITY C3 YES CU5TOP,4[i ACCEPTS -HAIIGES 4AADt @,FT;@HE DPDLIN@ OF NOON 24 HOURS PRIOR TO PUBLICATIO?4. 0 C) $A 0 MC 0 AX cittdff CUSTOMER AUTHORIZATION SIGNATVJR.- wwcm INSTRUCTION@ODUCTIONT ql NM wnmc IC, THI 04OLLYWOOO tt"71K jr4r.ORPQILAT-0 %H',Zl .1 tNTtl"IED 77 @IONNEY'S itis A,@COS"T,",. ANY ACTION TO ;'WORCI imi PROVI@04 or Tmt5 CopdT AVV412 1 :3 3 Li. @ 'A -F I FILM FES Date of agreement: Sales representative: Advertiser: Business address: Business phone no.: Bijsiness fix no.: agrees to advertise at the Temecula Valley Inter,)ational Film Festival. Customer agrees to units of on-screen advertising for the sum of $ Horizontal, 35mm slides must be provided no later than September 2, 1996,. Design and pi-oduc[iori of sl;ce@ available (lo, slide design and production, deadline is July 1 5. 1 996). Special instructions: 50% deposit is required to secure advertising space. Balance due upon receipt of slide or prior to production of slide. 50c,/ -eceived C) deposit r $ Dat@@ Balance received $ D ate: Please make ch@cks payable to: 7h; -emt:.@-ula V;,Iley International Film Festi iqal Signature L,zte 27645 Jefferson Avenue, Suite I,.)4-/ 7,n@culaCA92590 '909/699.6-,7 909/@;08.1414fax aD FILM FESTIVAL Date of agreement: Sales representative: Adver-tiser: Business address: Business phone no.: Business fax no.: agrees to advertise in the TE-rnecula Valley Ir,"l Fi@m Festival Program. Customer agrees to run a 0 Color 0 B&W Size advertisement for the sum of $ Ad design and artwork modifications are available for a fee. See Marketing Or@-ortunities for art requirements. Camera ready artwork deadline: Augu,,-t 1, 1996, (if a-t -equires p,odtiction : changer. dp,idlinf-, is July 15, l?9t, i Special instructions: 50'/o deposit is required to secure advertising space. Balance due upon receipt of camera-ready artv@ork. 500/@ deposit received $ Date: Additional halftones, camera, production or stripping work $ Date: Balance received $ Date: Please make checks payable to: The TEmecula Valley International Film Festival Level (check or@) 0 't?fi 0 $50 0 $100 Please make -riends of tne Festival checks ;,Ayal-:e to: -rhe Arts Council, designated to the TemeCLAa Valley Alm CF Council in tt-e lo\,ver portion of the ck. Si -nature r)ate 9 27645 jeffer-son Avenue, Suite 1 @"14-/ - T!rrecula CA 92590 909 699.626'7/ 909 @08.1414 fax F' FILM FESTIVAL News Release For ?wre i?lfor,7zation, contact.- Jean Clement Limelight (909:1 679-6388 -Actor Eric Robertsg Other Film and Business Notables "':NaTned to"Advisory Board of Temecula Valley Interiiatirnal Film Festival TEMECULA, CA, April I 1, I. 096 --Actor Eric Roberts, star of MGM',s l,lt,s7 My' Party," and Newline's sooii-to-be-feleased "14eaven's Prisoners..." ha-- been named to the Advisory Board of the T@e'm'ccula Valley Intemationg'@ F' @Pd@6val, Jo Moulton, festival director, today"announccd.'Roberts, who recei@d -Academy@ Award ind Golden Globe nominations for hi@'performance in "Runaway Train," also has appeared in "'ne Specialist," "Nobo-dy's Fool," "The Pope of Grcenw- ich Village," and "King of the Gypsics," among oflicr films. Joining Roberts on Lhe Festivel's 1996 Advisory Board are Barbara Matuiion, vice president of acquisitions fcr Trideii'- Releasing, Los Angeles; Brigid Walsh, senior vice president of Michaels, Wolfe &, Tcncet, Inc., Beverlv Hills; Patti Stolkin Arcliuletta, director of the California Film Comn-dssion, Los Ailgel.-s; Craig Prater, executive director of NoR,rEt. Pi I tji Sprin"s International Fihn Festival, Paffn Springs, Robert Kirkpatic'r-,. presijcnt and CEO for Rancon Real State Corpoiation, Temecula; ar i Terry C-,ilmore, vice president.-.of P. aradise Chevrolet- Buick-(j 'EO, Tei-iiecula. more 43174 Busln*Ss Pcirk Drive T-rnecula, " CA 925QO ;09 699.6267 9119 695.512@1 a 9096720727 P.LIZ Page 2 - Temecula Va.UeyLitemational Fihn Festival "We're naturally ftiled that Mr. Roberts ahd the six highly regarded film and business executives have agreed to serve on the Festival's Advisory Board," Moulton said. "We value any advice and assistance they'll be able to offer and believe that, collectively, the board members will be a strong influence as we continue to develop the Temecula Valley Intemation2.1 Film Festival into one that's recognized by the world to I)e of the caliber of a Sundance or a NORTEL Palm Springs Film Festival." T'rident's Manilion oversces the acquisition and tracking of all product including feature films, television pro,,,,ramming, and projects for co-production. As head of the California Film Commission, Archuletta is responsible for promoting and rela@iing the entertainment industry in the state. Prate,- was appointed executive director of the NORTEL Pa'lm Springs International Film Festival by the event's founder, Sonny Bono. Locally, Kirkpatrick is responsible for t;ie overall di ' recdon of Rancon Real Estatc's operations throughout Riverside and San Diego counties. From 1992-1995, Kirkpatrick served concurrc-,itly as president, CEO and CFO o@ Rancon Financial Corporation. Gilmore, in addition to directing the operations of Pai@adise Chevrolet- Buick-GEO, is active in the local area where Paradise is a sponsor of mwiy-special events and donor to avariet,/ of nonprofit organizations. @e 2nd Annual Temecula 'Valley Tiitemational Film Festival will be held September 18 - 22 at the Palm Plaza shoppitc, center and Temekti Cinemas in Temecula. In t) addition to film screenings throughout the Festival's five days, activities wiU include T ,ui Opening Night Gala Dinri@r,-!nd special award presentation, a Closing Night Wrap Part@ and presentation of the Vic@er's Choice Awards, a Workshop o'eties on filmi-nakingteaturin-ind@istrye:-,pc,@i@s,anoutdoorlntemationalMarketplace1) numerous receptions, aii(i livc -.,ntcr@air-ment. ti The Press-Enterprtu TEMFCULA itctor Eric Roberts has, Wn r&ned to the Temecula Vpdley IiftematipW Film F@ al P7 Rbobar& ntly in t4ejuc " and the so@-ti "Heaven's d !f.@r an @ii Acide,@ p4irfor. the 1985 movie '!,Run- away Train." 'Joining Roberts on the adltwry board are Barbara Manniosi, vice pre4dent of acquisigbns foj,. Tri- dent Rel@ing in Los An&eles; Brigid Waob,.-seniur vi6e p rWadtYnt oi MicLaeLVWolfe,#ndTen64r lic. cf @verll, HiU& Patti@St,,Ikin Ai,,, ciiuietta, eirect6r of 'fie Califi)i*ia I-,ilm Commission; @ia4 Prak, executive directci- of NORTF f: Palm $prings @lln'emauonal Filin I-estivid; Robert lorkp@t. pr@- cent apd CEO f6r TLiat;cn Real ZstaLe @ Corp- in IL;Iliec@ -,-qd Terry 13ilmore,,$44ce presideiltpf Paradise Chevrolet-BuiciLrGEO trt Temecula. Jo Moultun, f@val directir, said the bowd wiU allow tUe fe.,,ti- val to' de@ioop Into "oni that's by the d I be ol recogn 'w 0 the caliper of S@'nd'a e or a NORTEL Palm prings Festi- The tsecond annual !Tle'mecula Valley Inoemational iFi;Tn Festival ;s scheduled for,Sept 18-22 at the 'Paln, PlazAs4opping center anil Temeki-i Ch*.@. cul' Teme .- ii addition to film gcreppings, other activities will in@luac! an ope'liniz night dinner and special axis plantation, a clositw night wrap p@ zuid presentation of viewer's choice a%v,.,cds, a workstifjp senes anta "International Market',@,r--e." Travel News For nwre information, contact: Jean Clement Limelight (909) 679-6388 Travel to Southern California Wine. and Horse Country -'for the Temecula@ Valley Internat'k-onal Film Festival, September 18 - 22. 1996 TEMF,CULA, CA, April _, 1996 -- What better place to be in September than in sunny Southern California',- wine and @orse countr,! The expansive, picturesque Temecula Valley with its comniercial wineries and magnificent equine estates is iinged by mountains blanketed with avocado and citrus groves. From September 18-22,1996, the countryside will be the site of the 2nd Annual Temecula Valley International Film Festival, presented by the Temecula Valley Film Commission. When the tent, staging and I)ooths start to go up in the Pahn Plaza shopping center, the excitement will bi.iild as the city of Temecula gets ready for five explosive days. 'nousands of people are exj?ected to pmake in the HoUywood-style revc@ surrounding the film screenings, eal,,i parties, receptions, live entertainment, International Marketplace, i,id filMTniking Worl@sliop Series. The Teni--cula Valley Interp,,itir'T I .'-"Lh-n Festival has the distinction qf being the only film fc,-,tival in the world tv excii.iFi,,clv feature romiiitic comedies in thetfull-lenoth film category. The short-; iid stttcl--it-film categories feature films of any genre. People attending tt.,e scrceil'tng,,, h,@@,e the oppoi@nily to vote for their favorite films. more Page 2 - 2nd Annual Temecula Valley International Fih-n Festival The Festival begins on the evening of September 18 with an Opening Night Gala Dimier Party featuring the presentation of a Lifetime Achievement Award to a fihn industry notable. Last year, the award recipient was producer Howard W. Koch. The Festival formally ends with another gala dinner p-.ny on Saturday, September 21. The Closing Night Wrap Partv includes the presentation of the Viewer's Choice Awards to the directors and/or producers of the films that moviegoers chose as their favorites. These winning films will be screened the next day as the 2nd Annual Temecula Valley Intemationfd Film Festival draws to a clos(,-. There will be much activity for all to enjoy in between the opening and closing gala parties. Film-industr-y experts will give a bchin(I-the-scenes look on filmmaking during a two-day Workshop'@'eries. An outdoor International Marketplace will delight the cultural and cutinuy senses of all in attendance. And, there will be onkoing live outdoor entertainment at the Festival site and numerous receptions hosted in public and private iienucs throughout the city. Temecula is a growing city of 40,000 residents. The city's Old Town features original buildings left from the early railmadine, days. Todziy, they are home to numerous antique shops, art galleries and restaurants. The foothills area behind Old Town is the future site of a planned $60 million live western en-,ertainrnent and hospitality complex. Temecula is centrally located with San Diego An hour's drive to the south, Los Angeles, Hollywood and Beverly Hills two hours to the northwest, an@ Palrn Springs.one-hour to the For more information on the '@Ind -Annual Temecula Valley International Film Festival,, call the Festival office at (909) 699-6267, send a fax to (909) 308-1414, or write to 27645 Jefferson Avt!nue, Su'.@e 104A, Temecula, CA 92590, attention Jo Moulton. 14TUAIN@ AOM4NTl( (OMIOIli In this age of movie blockbusters 'that are long on special effects and short on heart, it Is refreshing that Temecula Valley International Film Festival has chosen to celebrate the best of one of the industry's finest genres - the romantic comedy... Governor Pete Wilson The 2nd Annual TemeculaValley International Film Festival is once again a celebration of the best in romance and comedy through the art form of cinema. Currently the only film festival in the world to showcase the finest in contemporary romantic comedies, the Festival is poised to strengthen its unique niche in the international film festival circuit. The five exciting days begin September 18 with the blacl<-tie Opening Night Festival Gala, which includes the presentation of the Lifetime Achievement Award to a film industry notable, and the Opening Night Film Screening. General film screenings run daily from I I a.m. to 8 p.m., September 19-22.The Closing NightWrap Party, the evening of Saturday, September 2 1, features the presentation of the Viewer's Choice Awards. The Festival comes to a close with the next day's showing of all the award- winning films. Ongoing throughout the festival will be: An international mai-l<etplace Industry-i-elated worl<shop series Daily live entertainment Nightly post-screening receptions Winery tours and tastings Old Town tours for history buffs and antique collectors Golf at numerous championship golf courses Hot air ballooning Viewer's -Choice Awards Best feature film, best short film and best student film will be voted upon. Audience members vote for their favorites via response cards completed at the end of each screening. The winning filmmal,,er in each category receives a cash prize and a trophy. Scholarship Fund This year, a ScholarFhip Fund will be established to help students planning to pursue careers in Broadcasting, journalism, Film or Television production. The 2ndAnnualTemeculaValley International Film Festival offers a large variety of sponsorship pacl(ages tailored to the marketing needs and budgets of companies seeking to reach film industry leaders and consumers from not just Southern California, but the entire U.S. and many countries around the world. The Festival serves as a highly productive forum for interaction between company representatives and business leaders. It provides unique social opportunities that can be used as recognition or reward for staff and clients. Because the Festival receives coverage from U.S. and foreign press, sponsors find that associating their company name with this prestigious international event provides excellent marl<eting exposure. Sponsorship will afford your company recognition in Festival advertisements, nationally and regionally, for extensive exposure. Locally, companies will benefit from added product awareness within the fast-growing Temecula Vatley/Inland Empire area. Another advantage for sponsors is the right to use the Festival name and logo in your company's advertising and communications. The event itself provides sponsors with direct marl<eting benefits and name recognition through exposure to its upscale audience.The typical Festival attendee is well-educated, of upper income, professional or managerial, and is between the ages of 25 and 65, who enjoys the arts, travel and fine dining. "Another orbit for Hollywood ... Hollywood has also landed its starship in Temecula, in the heartland of Southern California Wine Country." Los Angeles Times "Move over Cannes, watch out Sundance, Temecula has arrived..." Marl( Evans KRTM Radio As a sponsor, your association with the upscale image that accompanies the Festival is enhanced by the recent boom in film production intemecula Valley. With its Mediterranean weather, interesting terrain, wineries, orange and avocado groves, historic ambience and Old Town,Temecula Valley offers both Old World charm and modern convenience, an ideal combination foi- romance, filmmal<ing and tourism. The almost perfect year-round shooting conditions form an attractive package for filmmal<ers who are concerned with production time and budget. "A lot of small films get lost in big festivals. The few that get Filmmal(ers learn about the Temecula through get all the attention. I Valley through the efforts of the lool( at this festival as a second TemeculaValley Film Council, the official beneficiary of the Temecula Valley chance ... a re-birth." International Film Festival. Founded Charlie Loventhal nearly three years ago, the Film Council has thrived on enthusiastic volunteer Hollywood effort, community grants and private Director, "Mr. Write" funding. Certainly, one of the greatest benefits derived from the Festival is an increased awareness oftemecula as an accessible and supportive location foi- on-site shooting and production. Recent research statistics from the California Film Commission show that: $18 billion in feature film, television and commercial production is spent every year in California. 40% of these dollars are spent on location filming. More than 200 film commissions outside California vie for an approximate 500 feature films shot in the U.S. each year. In a recent study conducted by the international public accounting firm of KPMG Peat Marwicl< on the economic impact of seven festivals in California for the California Arts Council, it was concluded that film festivals, even in a small host community: Promote tourism Generate revenue and considerable business trade Create temporary jobs Facilitate community revitalization Garner volunteer support and community pride The Temecula Valley Film Council encourages potential Festival, sponsors to become part of this most lucrative, unique and enduring Southern California industry. Here is your opportunity to promote your company to influential decision-mal<ers from both business and industry. Film, media and communications executives. Financiers.Technical and creative pi-ofessionals.They'll all be in Temecula for five exciting days. Be a sponsor of the 2nd Annual Temecula Valley International Film Festival and do business with the world! PRODUCER DIRECTOR WRITER PERFORMER S $10,000 $7,500 $5,000 $2,500 $1,000 .............................................. On-Aii- Advertising Print Advertising Program Ad I Pg Color I Pg B/W I Pg B/W 1/2 Pg B/W 1/3 Pg B/W Name Recognition in Official Program Signage/Banners Merchant Booth Screening Ticl<.ets 15 10 8 6 4 Opening Gala Ticl(ets 8 4 2 1 Closing Party Ticl<ets 8 4 2 1 - Woi-l<shop Passes 8 6 4 2 2 Festival Souvenirs - - Use of Festival Logo 0 VIP Access Hospitality Suite - Sponsors will also receive one of the following designations, if available, on a fii-st-come, first-served basis: Producer Level Director Level Opening Night Festival Sponsor Festival Billboard Sponsor Closing Night Wrap Party Sponsor Broadcast and Print Media Sponsor Official Festival Program Sponsor International Marketplace Booth Sponsor International Marketplace Stage Sponsor Writer Level rertormer Level Promotional Material Sponsor Daily Live Entertainment Sponsor Worl(shop Series Sponsor Post-Screening Reception Sponsor Viewer's Choice Award Sponsor Banner Sponsor Tent Sponsor Staff Level Friends of the Festival Ticl<et Sponsor Shuttle Sponsor This is a joint presentation of the Temecula Valley Film Council in cooperation with the Arcs Council of Temecula Valley. The Hospitality Suite Sponsor Arcs Council oftemecuii Valley is a non-profit tax-exempt IRS Security Sponsor 50 I -C-3 educational iiid cultural corporation 00'- "After having been co numerous film festivals including Cannes and Sundance ... I can honestly say yours was my happiest experience.Your festival really provides an invaluable personable forum for independent filmmakers to screen films outside the context of Hollywood." Kevin Haasrud HBO, Original Programming Division Direcror,'Angel Arizona "Congratulations on a fabulous festival! You have made your mark, and people are going to tal<e notice..." John Landsberg Director "Confessions of a Marriage junkie,, "I'm sure little Temecula is going to be BIG Temecula in the next few years and the Film Festival will grow and grow.", Howard W Koch Pat-amount Pictures LiferimeAchievementAward Honoree "After having been to eleven American Film Mai-l(ets and the illustrious Cannes, the raw talent in every corner of this Festival was beyond belief. No schlocl<, no exploitation, just one good and original film after another .. the organization of this event was flawless. Eugene Mandelcom from article written foi- Screenwi-iter@ Network Forum 4M Productions Design: Design Dimensions Printing: Maurice Printers OwBiz Expo T h e E v o I u t i o n o f P r o d u c t i o n 1996 '[os Anqeles &nvention (ent?r - Los Anqeles, (A Your nique .--vent ShowBiz lxpo is the premier trade show and"(onleren(p for the entertainment production to post-produ(t' industry providing the latest tools, te(hniques, technologies and ervices from pre ion. r a rowing Mdrket Inteadinment is a $ZS3+billionindust@ whi(h is proje(ted to q,-ow te $ 503 billion by the year 1000. (omprised of feature lilm & Video - Brodd(,i--t & Cdble Television - Musi( Vid?os - (cmmer(ials - Corporate Yideos - Theatre - Theme Parks RI[D IXHIBITION (Os. MARKIT AC(r7SS VARI[TY PARTH[RSHIP Focus [OCATION Ba(@ed by the Delivering more Vdriety-run (onff ren(e, The cily event In the heart of the world's largest than 10,000 buyers. the must attend fo(using on U.S. entertainment trade show orqdnizer. industry event. the entire spe(trum industry. of entertainment produ(tion. for mor? informdi')n,: (all ('03) 840-5ti88 or rax (ZO@) 840-9888 cm PIP 9t 7S wim Ct) LU LL. WIWI, -9 -1 C= E E AW f MAY-23-195 TLE 13:51 ID:-"EE@l INTEPWTIM@ TEL @10:21'-" 6!r,5-4906 -SCREEN INTERNATIONAL DOLLAR RA.TE CARD ZP95 Weckly and Mark-et Product Cruide COLOUP% BLACK & WMITE Full-Pogo 5225 Full PUG $3528 Double Pnge ead $10450 Dcuble Ps 97064 -go Spread Half Page $3598 Half Page $1 -qo5- .Mini Paw* $ 3814 MiMi Plkqe $1898 Horizontal Stri_p $ 2530 Horizontal Strip $1326 L4 SiXth of e_Psie $ 725 o 11 3. 4-Twel@.h of a Page t 640 Quarter Page $ 958 $ 546 EXTRAS Spot Colour $292 Bleed 4- 10% Pamtone Colour $387 -SPecial Positions 10% Matelile Colour $774 COVERS Front Cover (Weekly) Hpavy Siock $12198 Front Cover (W,-ekly)@o ular Stock $ 8470 A. Inside Front (Wpekly) Heavy Stock 97823 Inside Front (Weekly) Regular Stock * eSO7 Outside Back (Weekly) Heavy Stock $ 8470 Front Cover of Spocligl Pooort $ 5548 inside Front Of SPPCi3i Report * -d9l3 Outside B-ack of Spocial 65082 _port $ on &pdllceition INSERTS 0.10 grams $394.2er 1000 21-2jrams 6 (100 per 1 000 1 1- 1 5_grems $484@r loo,) 25-30 grams * on application I 6- O"rom!i *242 per I 000 fA C;dunded lticerts Co-;s ;,r, abive lus $3207 -Tipons $536,'i i;:-ictudes rost of page) All Inserts rnu4t be I&J-M a-id indicatimg r to 10 Pot-i@it, rex kot, 78,11 rei Tu@9 0 ITEI\4 4 1 APPROVAL CITY ATTORNEY r@ FINANCE OFFICEP., CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Redevelopment Agency FROM:Ronald E. Bradley, Executive Director DATE.October 8, 1 996 SUBJECT:North Pujol Street Demolition Prepared By:Craig D. Ruiz, Assistant Planner RECOMMENDATION:The Redevelopment Agency: 1 .Authorize the Expenditure of $1 5,500 from Account No. 1 65-1 99-81 2-5204 for the Demolition and Clean-up of Four City Owned Properties Located at 28534, 28535, 28545 and 28555 Pujol Street. BACKGROUND Over the past year, the Agency has acquired four residential structures located at 28534, 28535, 28545 and 28555 Pujol Street. The sites will be redeveloped as an affordable housing pro'ect. The first step in redeveloping the site is to remove existing structures. In preparation i to removing the structures, staff has previously removed hazardous soils, asbestos and trees. On October 1, 2, and 3, the Fire Department conducted training exercises on the structures. Once the training was completed, all trash and debris needed to be removed from the site. Based upon staff's previous discussions with potential contractors qualified to perform the removal, the cost of the work was anticipated to be less than $10,000, and no Agency action would be required. Bids were received the week of September 23, 1 996 and the lowest was $1 5,500. The expenditure of $ 1 5,500 typically requires Agency approval prior to staff authorizing work to begin. However, due to potential health and safety concerns, the City Manager authorized the expenditure of the funds prior to formal authorization from the Agency, as allowed per Section 3.28.290 of the Municipal Code. Formal Agency authorization is required prior to the release of the funds. FISCAL IMPACTS The project will require an expenditure of the $1 5,500 from Account No. 165-1 99-81 2-5204. Attachments: 1 . Proposed Scope of Work - Page 2 R:\HOUSENG\NPUJOLCL.CC3 9/30/96 cdr 1 ATTACHMENT NO. 1 PROPOSED SCOPE OF WORK R:',HOUSING\NPUJOLCL.CC3 9/30/96 cdr 2 -EN' RONMENTAL CONTROL SYSTEMS, INC. LIC. #492948 By GENERALCONTRACTING DEMOLITION ASBESTOS&LEADABATEMENT INSULATION SEPTEMBER 25, 1996 CITY OF TEMECULA ATTN: CRAIG RUIZ 43174 BUSINESS PARK AVENUE TEMECULA, CALIFORNIA 92590 PROJECT:28534 PUJOL STREET PROJECT TEMECULA, CALIFORNIA DEMOLITION WORK TO Bi PERFORMED: 1.MOBILIZE MAN POWER AND EQUIPMENT PROPOSAL * 961622 PH # (909) 694-6400 FAX# (909) 694-6477 BID DATE: 09/25/96 BID TIME: BY 12:00 2.DEMOLISH AND HAUL AWAY OF ALL EXISTING STRUCTURES, TREES, MISC. SLAB FOOTINGS, FENCES ETC. 3.EXCAVATE AND HAUL AWAY OF TWO ABANDON SEPTIC TANKS, BACK FILL AND COMPACT VOIDS LEFT BY EXCAVATION. 4.FILL AND CAP EXISTING ABANDON WATER WELL AS PER COUNTY SPECIFICATIONS 5.CLEAN LOT OF ALL DEMO DEBRIS AND GRADE TO MATCH EXISTING ADJACENT GRADE, CAP SEWER AS PER CITY SPECIFICATIONS. QUALIFICATIONS: BID BASED ON (1) MOBILIZATION OF EQUIPMENT EXCLUSIONS: @FIC CONTROL BARRICADES, SIGNS, SOIL TESTING, ASBESTOS ABATEMENT, ENGINEERING OR STRUCTURAL BACK FILL. NO IMPORT. NO EXPORT. NO REMOVAL OF ANY FENCES, TREES, BUSHES ETC. THAT ARE ON COMMON PROPERTY LINES WITH OTHERS. NO DISCONNECTION OR RELOCATION OF ANY UTILITIES OR OTHER LINES SUCH AS OIL ETC. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO UTILITIES (OIL, GAS, TELEPHONE, ELECTRIC ETC.) LINES. OFF SITE WORK IS NOT INCLUDED. 29160 GOETZ ROAD QUAIL VALLEY, CALI FORN IA 92587 (909) 244-5737 (310) 946-n8ss 0 ;:AY (ono) r-?,) a PAYMM:TO BE RECEIVED UPON COMPLETION, PROGRESSIVELY EVERY 15 DAYS. RETENTION TO BE RECEIVED WITHIN 35 DAYS OF COMPLETION OF EACH PHASE OF ENVIRONMENTAL CONTROL SYSTEMS, INC. WORK. PRICE GOOD FOR 30 DAYS UNLESS SPECIFIED OTHER WISE. @IR -r C:: IE -s 3-.5 .5 00 - 00 @N L. ENGLISH - @IDELQ COMMENTS:-ENVIRONMENTAL CONTROL SYSTEMS, INC. WOULD BE HAPPY TO PROVIDE THE CITY OF TEMECULA WITH A PROPOSAL TO REMOVE AND DISPOSE ALL ASBESTOS CONTAINING MATERIALS. BID DOC S: PLANS BY: DATED: OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY ITEI\4 1 MINUTES OF A MEETING OF THE OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY HELD SEPTEMBER 24, 1996 A regular meeting of the Old Town Westside Community Facilities District Financing Authority was called to order at 7:36 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Patricia H. Birdsall presiding. PRESENT:5 BOARD MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall ABSENT:0 BOARD MEMBERS: None Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and Authority Secretary June S. Greek. PUBLIC COMMENTS None given. FINANCING AUTHORITY BUSINESS 1Minutes It was moved by Board Member Stone, seconded by Board Member Lindemans to approve staff recommendation as follows: 1.1 Approve the minutes of the meeting of September 24, 1996. The motion was unanimously carried. ADJOURNMENT It was moved by Board Member Stone, seconded by Board Member Lindemans to adjourn at 7:36 PM to a meeting on September 24, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, CMC, City Clerk/Authority Secretary Minutes.fa\092496 -1- I,-l 'SEA4 5 APPROVAL CITY ATTORNEY DIRECTOR OF FIN4N CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM:Gary Thornhill, Community Development Director@ DATE:October 8, 1996 SUBJECT:Planning Application No. PA96-0130 Amendment and Restatement of Development Agreement No. 3 for Planning Areas No. 8, 9 and 12 (Final Tract Maps 22761 and 22762) within Specific Plan No. 180 Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION:The Planning Commission recommends the City Council: 1. Adopt the Negative Declaration for Planning Application No. PA96-01 30. 2.Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA APPROVING AN AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 3 BETWEEN THE CITY OF TEMECULA AND VAN DAELE DEVELOPMENT CORPORATION/WRI ASSOCIATES, INC. FOR FINAL TRACT MAPS NO. 22761 AND 22762, WITHIN SPECIFIC PLAN NO. 180 (PLANNING APPLICATION NO. PA96-0130) BACKGROUND On October 21, 1 988, Development Agreement No. 3 was executed by the County of Riverside for the Rancho Highlands Specific Plan (S.P. 180) which included Tracts 22761 and 22762. Van Daele Development Corporation/WRI Associates, Inc. has approached the City to execute an Amendment and Restatement of this Development Agreement to reduce the Development Agreement fees. The proposed Interim Public Facility Fee is $3,590.00 per unit. It is likely that the proposed Interim Public Facility Fee will be consistent with the proposed Development Impact Fee which will ultimately be adopted by the City Council. The Planning Commission recommended approval of the Amendment and Restatement of Development Agreement No. 3 by a 5-0 vote at their September 16, 1 996 hearing. There were no speakers in favor or in opposition to the project. R:\STAFFRPT\13OPA96.CC 9123/96mf 1 FISCAL IMPACT Total Development Agreement Fee: $5,334.00/unit Proposed Interim Public Facilities Fee: $3,590.00/unit As a result of the reduction in the Development Agreement Fee, the City will receive $269,250.00 which might otherwise have not been received due to the project being unable to develop at the higher impact fee. The $269,250-00 is the amount the City calculates to be the dollar amount of the impact the development would have on the City's infrastructure. Attachments: 1 . City Council Ordinance No. 96- - Page 3 a.Exhibit A: Proposed Amendment and Restatement of Development Agreement No. 3 - Page 8 b.Exhibit B: Conditions of Approval - Page 9 2. September 1 6, 1 996 Planning Commission Staff Report - Page 1 1 R:\STAFFR?T\13OPA96.CC 1011/96 mf 2 ATTACHMENT NO. 1 ORDINANCE NO. 96- R:\STAFFRPT\13OPA96.CC 10/l/96 mf 3 ATTACHMENT NO. I ORDINANCE NO. 96- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA APPROVING AN AM[ENDM[ENT AND RESTATEMIENT OF DEVELOP@T AGREEMIENT NO. 3 BETWEEN THE CITY OF TEMIECULA AND VAN DAELE/WRI ASSOCIATES, L.P. FOR FINAL TRACT M"S NO. 22761 AND 22762, WITHIN SPECIFIC PLAN NO. 180 (PLANNING APPLICATION NO. PA96-0130) , Section 65864.et =. of the Govennnent Code of the State of California and Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and, WHEREAS, in accordance with the procedure specified in said Resolution, Van Daele/WRI Associates, L.P. has filed with the City of Temecula an application for a Development Agreement which reflects an amendment and restatement of existing County Development Agreement No. 3 (hereinafter "this Agreement"), of a residential housing subdivision on its property for Tracts 22761 and 22762 (75 lots), hereinafter the "Subject Property" which application has been reviewed and accepted for filing by the Community Development Director; and, WHEREAS, notice of the City's intention to consider adoption of this A-reement with Van Daele/WRI Associates, L.P. has been duly given in the form and manner required bv law, and the Planning Commission and City Council of said City have each conducted public hearinos on September 16, 1996 (Planning Commission), and October 8, 1996 (City Council) at which time it heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF THE CITY OF TENMCULA DOES ORDAIN' AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and deten-nines, with respect to this Agreement by and between the City of Temecula and Van Daele/WRI Associates, L.P. that it: A. Is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that this Agreement makes reasonable provision for the use of certain @ property for residential development consistent with the General Plan's land use designation of Low-Medium Density Residential; B. Is compatible with the uses authorized in, and the regulations prescribed for, the land usedistrict in which the Subject Property referred to herein is located as this Agreement providesfor residential development pursuant to a Specific Plan; R:\STAFFRPT\13OPA96.CC 10/l/96mf 4 C. Is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; D. Will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; E. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; F. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description in text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; G. Notice of the public hearing before the City Council was published in a newspaper of general circulation at least ten (10) days prior to the City Council public hearing, mailed at least ten (10) days prior to the hearing to the project applicant, to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; H. Notice of the City Council hearing included the date, the time, and place of the public hearing, the identity of the, hearing body, the general explanation of the matter to be considered, a general description in text or by diagram of the location of the Property that is the subject of the hearing, and the notice of the need to exhaust administrative remedies- 1. City Council approves this Agreement by Ordinance based upon evidence and findin-s of the Planning Commission and new evidence presented at its hearino, on this A-reement, giving its reasons therefor and setting forth the relationship between this Agreement and the General Plan; K . The benefits that will accrue to the people of the City of Temecula from this Ac,reement are as follows: I . Generation of municipal revenue; 2.Construction of public infrastructure facilities; 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; R:\STAFFRPT\13OPA96.CC 10/l/96mf 5 4. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots; and 5.Payment of Public Facility Fees (fire, library, traffic signal mitigation, development andRSA). Section 2. APPROVAL. This Agreement, attached hereto and incorporated herein by this reference as Exhibit A, is hereby approved subject to the conditions set forth in Exhibit B, attached hereto and incorporated herein by this reference. The Mayor is authorized and directed to evidence such approval by executing this Agreement for, and in the name of, the City of Temecula; and the City Clerk is directed to attest thereto; provided, however, that this Agreement shall not be executed by the City until this Ordinance takes effect and the City has received from the applicant two executed originals of said Agreement. Section 3. SEVERABII=. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. NOTICE OF ADOPUON. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 5. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councihnembers voting for and against the Ordinance, and post the same in the office of the City Clerk. R:\STAFFRPT\13OPA96.CC 10/l/96mf 6 Section 6. PASSED, APPROVED AND ADOPTED tlus _ day of 1996. Karel Lindemans, Mayor ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney STATE OF CALIFORNIA) COUNTY OF RIVERS]IDE) CITY OF TEMECULA) 1, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the fore-oing Ordinance No. was duly introduced and placed upon its first reading at a re-ular meeting of the Citv Council on the day of 199 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 199 by the following vote, to wit: AYES: COLTNCILM@ERS: NOES: COUNCILMEM13ERS: ABSENT: COUNCILMEM13ERS: June S. Greek, City Clerk R:\STAFFRPT\13OPA96.CC 10/1196mf 7 EXHIBIT A PROPOSED AMENDMENT AND RESTATEMENT DEVELOPMENT AGREEMENT NO. 3 R:\STAFFRP'r\13OPA96.CC 10/1196mf 8 RECORDED AT THE REQUEST OF WHEN RECORDED RETURN TO City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 (Space Above Line For Recorder's Use) AMENDMEENT AND RESTATEMIENT OF DEVELOPM[ENT AGREEMENT SPECHW PLAN NO. 180 PLANNING AREA 8/9 & 12 P G APPLICATTON NO. PA 96-0130 "RANCHOMG S" VAN DAELE/WRI ASSOCIATES, L.P. AMEENDMIENT AND RESTATEM[ENT OF DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMEECULA and VAN DAELEIWRI ASSOCIATES, @P. This Amendment and Restatement ofdevelopment Agreement C'Agreement") is entered into by and wnong the City of Temecula, a Califomia M@cipal Corporation C'City") and Van Daele/WRI Associates, L.P. a California Limited Partnership C'Ownee,): RECITALS A.Pursuant to California Government Code Section 65864, seq. ("Development Agreement Statutes"), Kaiser Development Company a California Corporation and others and the County of Riverside, California ("County") entered into Development Agreement No. 3 recorded in the Official Records of Riverside County, California on October 21, 1988, as Instrument No. 306874 ("Development Agreement No. 3"). B. Development Agreement No. 3 encomp a project formerly located within County approved Specific Plan No. 180 known as "Rancho leghlands", a n-dxed use subdivision, (the "Original ProjecC'), to be developed on property which came within the municipal boundaries of the City when the City incorporated on December 1, 1989. This Agreement encompasses only a portion of the Original Proj@ a residential development located in a portion of Planning Area 8/9 & 12 (the "Project"). The balance of the Original Project covered by Development Agreement No. 3 not included within Planning Area 8/9 & 12 is not amended or impacted by this Agreement. c . Pursuant to the provisions of the Development Agreement Statutes, the City became the successor-in-interest to the County under Development Agreement No. 3 upon incorporation of the City. Pursuant to Owner obtaining title to the Project as recorded in the Official Records of Riverside County, California on April 19, 1996 as Instrument No. 141437, and pursuant to the provisions of Development Agreement No. 3, Owner became successor-in-interest to the "Owner" described in Development Agreement No. 3. D. Pursuant to Section 65868 of the Development Agreement Statutes, the City and Owner propose to restate and amend Development Agreement No. 3 to substitute this Agreement for Development Agreement No. 3, but only to the extent Development Agreement No. 3 pertains to the Project. E. Pursuant and subject to the Development Agreement Statutes, the City's police powers and City Resolution No. 91-52, City is autho@ to enter into binding agreements with persons having legal or equitable interest in real property located within the City's municipal boundaries or sphere of influence thereby establishing the conditions under which such property may be developed in the City. F. By entering into this Agreement, City shall bind future Members of the City Council of City by the obligations specified herein and @er limit the future exercise of certain govemmenw R:\P@NING\13OPA96.DA 9/11/96 mf 1 and proprietary powers of Members of the City Council. Likewise, Owner sW bind its su rs in interest to the obligations specified in the Agreement. G. The terms and conditions of this Agreement have undergone extensive review by the staff of the City, the Planning Commission of the City, and the City Council of City and have been found to be fair, just, and reasonable. H. City finds and determines that it will be in the best interest of its citizens and the public health, safety and welfare will be served by entering into this Agreement. I. AU of the procedures and requirements of the California Envirorunental Quality Act relevant to this Agreement have been met. J. Riverside County Ordinance No. 659, as adopted by the City, establishes public facilities impact fees for residential development within City CRSA Feee'). City requires these revenues to mitigate the impact of development. City requires RSA Fees from development of the Property in order to complete capital projects to mitigate the impact of the Project. K. Development Agreement No. 3 provided for public facilities and services impact fees ("County Development Agreement Fees") higher than the RSA Fees. These higher fees, particularly during the present economic situation, unduly discourage and delay development and thereby prevent City from ever receiving the County Development Agreement Fees or RSA Fees. Consequently, the City is willing to reduce the County Development Agreement Fees for residential development in the Project to a level comparable to the RSA Fees. L.City and Owner acknowledge that development of the Project will result in the generation of municipal revenue, for public cture @ties and the enhancement of the quality of life, including recreation facilities for present and future residents of the City. The benefits to the City and Owner contemplated by development of the Project include: (1)completion of vacant lots in Project; (2)payment of signal niitigation fees; (3)payment of library fees; (4)payment of park fees M. The City and Owner acknowledge that due to the present economic situation, none of these benefits to the City are possible unless the Project proceeds with development. N.City Council of City has approved this Agreement by Ordinance No. adopted on , and effective on CEffective Date"). On the Effective Date, Development Agreement No. 3 @ be terminated and of no @er force and effect as to the Project only, having been replaced by this Agreement. NOW, TBEREFORE in consideration of the above Recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and incorporated here@ the parties agree: R:\PLANNING\13OPA96.DA 9/11/96 mf 2 1. Defini6on-.g. In this AgreemeriL unless the context otherwise requires, the following words and phrases shall have the meaning set forth below: 1.1"City" is the City of Temecula. 1.2"City Public Facility Fe6" is an amount to be established by Ordinance of City. 1.3"County" is the County of Riverside. 1.4 "County Development Agreement Fee' means the County public Facilities and services mitigation fee set forth in Section 4.2 of Development Agreement No. 3. 1.5 "Development Exaction" means any requirement of City in connection with or pursuant to any Land Use Regulation or Existing Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.6"Development Plan" means the Existing Development Approvals. 1.7 "Effective Date" means the date upon which the Ordinance approving this Agreement becomes effective. Absent a referendum challenge, such date is thirty (30) days following the date the City Council adopted such Ordinance. 1.8 "Existing Development Approval(s)" means those certain development approvals relating to the Property in effect as of the effective date of this Agreement, including, without limitation, the "Existing Development Approvals" listed in Exhibit A, attached hereto and incorporated herein by this reference, which were approved by the County. 1.9 "ENisting Land Use Regulations" means those Land Use Regulations listed on Exhibit B, attached hereto and incorporated herein by this reference, which are a matter of public record on the Effective Date of this Agreement. 1.10 'TinancingDistrict"meansaCommunityFacifitiesDistrictformedpursuant to the Mello-Roos Community Facilities Act of 1982 (California Government Code Section 53311 et seg., as amended)- an assessment district formed pursuant to Landscaping and Lighting Act of 1972 (California Street and leghways Code Section 22500 et seg. as amended); a special assessment district formed pursuant to the Improvement Act of 1911 (California Streets and FEghway Code Section 10102, as amended); or any other special assessment district existing pursuant to Sate law formed for the purpose of financing the cost of public improvements, facilities, services and/or public facilities fees within a specific geographical area of the City. 1.11 "Hazardous Substance" shall include, without limitation, any flammable explosives, radioactive materials, asbestos, polychlorinated biphenyls, chemicals known to cause cancer or reproductive toxicity, substances described in Civil Code Section 2929.5 (e) (2), as it now exists or as subsequently amended, pollutants, contaminants, hazardous wastes, toxic substances or R:\PLANNING\13OPA96.DA 9/11/96 mf 3 related materials. Notwithstanding the foregoing, "Hazardous Substances" shall not include substances customarily used in developing, operating or maintaining developments similar to the Project, provided all such substances are used, stored, and disposed of in accordance with all applicable laws. 1. 12 "Interim Public Facilities Fee" means the fees set forth in Section 12.2 of this Agreement. 1. 13 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations, and official policies of City, governing the development and use of land including without li@tation: the permitted use of land; the density or intensity of use; subdivision requirements; the maximum height and size of proposed buildings; the provisions for reservation or dedication of land for public purposes; and the design, improvement, and construction standards and specifications applicable to the development of the Property. '@ Use Regulations" does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (a)The conduct of businesses, professions, and occupations; (b)Taxes and assessments; (c)The control and abatement of nuisances; (d) The granting of encroachment permits and the conveyance of rights and interest which provide for the use of or the entry upon public propqrty; (e)The exercise of the power of eminent domain. 1. 14 "Owner" means Van Dael Associates, L.P., a California Limited Partnership, and any successor in interest to Van Dael L.P. 1.15 "Project" is the development of the Property in accordance with the Development Plan. 1.16 "Property" is the real property described in Exhibit C, attached hereto and incorporated herein by this reference. 1.17 "RSAFee"meansthefeeestabhshedbyCounty0rdinanceNo.659,adopted by City by Ordinance No. 90.04. 1. 18 "Subsequent Development Approvals" means all development approvals required subsequent to the Effective Date in connection with development of the Property. 1. 19 "Subsequent Land Use off 'means any Land Use Regulation applicable to the Property adopted and effective after the Effective Date of this Agreement. R:\P@ING\13OPA96.DA 9/11/96 mf 4 2. Interest of Owner. Owner represents that it has the fee title interest in the Property and that all other persons holding legal or equitable interest in the Property are to be bound by this Agreement. 3 . F-xhibit-.. The fouo@ documents referred to in this Agreement are attached hereto, incorporated herein, and made a part hereof by this reference: Exhibit Designation Description A. Existing Development Approvals B. Existing Land Use Regulations C. Legal Description of the Property D. Notice From Mortgagee 4. 4.1 The term of this Agreement shall commence on the Effective Date and shall extend for a period of ten (10) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. 4.2 This Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of the ffiw order after exhaustion of any appeals, directed against the City as a result of any lawsuit filed against directing the City to set aside, withdraw, or abrogate the approval by the City Council of City of this Agreement. 5.Assignment. 5.1Pight to Assign. The Owner shall have the right to sell, transfer, or assign the Property in whole orin part (provided that no such partial transfer shall violate the Subdivision Map A@ Government CodeSection 66410, et stq., or Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04,) to any person, partnership, joint venture, firm, or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assigrunent shall include the assignment and ption of the rights, duties, and obligations arising under or from this Agreement and be made in stn'ct compliance with the following conditions precedent: (a) No sale, transfer, or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer, or assignment of all or a part of the Property. Owner agrees to provide specific notice of this Agreement, including the record or document number, where a true and correct copy of this Agreement may be obtained from the Riverside County Recorder, in any grant deed or other document purporting to transfer the title or an interest in the Property during the term of this Agreement or any extension thereof. (b) Concurrentwith any such sale, transfer, or assigrunent, or within fifteen (I 5' business days thereafter, the Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement, in a form reasonably acceptable to the City Attorney, by the purchaser, transferee, or assignee and providing therein that the purchaser, R:\P@ING\13OPA96.DA 9/11/96 mf 5 @eree, or assignee unconditionally assumes all the duties and obligations of the Owner under this Agreement. Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constituted a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits or this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 Release of Transferring Owncr. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement unless such Selling Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of ALL of the following conditions: (a) The Transferring Owner no longer has a legal interest in all or any part of the Property except as a beneficiary under a deed of trust. (b)The Owner is not then in default under this Agreement. (c) The Owner or purchaser has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d) The purchaser, transferee, or assignee has provided City with security equivalent to any security previously provided by the Transferring Owner to secure performance of its obligations hereunder. (e) The Transferring Owner has reimbursed City for any and all City costs associated with Owner's transfer of all or a portion of the Property. 5.3 Termination of Agreement with Respect to Individual Lots upon Sale to Public and Completion of Construction. Notwithstanding Subsection 5. 1, or any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a)The lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a periodlonger than one year) to a member of the public or other ultimate user; and (b)A Certificate of Occupancy has been issued for a building on a lot, and the fees set forth in this Agreement have been paid. 5.4Subsequent Assi2ment. Any subsequent sale, transfer, or assigrunent after an initial sale, @er,or assignment shall be made only in accordance with and subject to the terms and conditions of thisSection. R:\P@ING\13OPA96.DA 9/11/96 mf 6 6. Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, or other security device financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with the Owner artd representatives of such lenders to negotiate in good faith any such requested interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Owner shall reimburse City for any and all of City's reasonable costs associated with the negotiations, interpretations, and modifications within thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a)Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid,k or impair the hen of any mortgage on the Property made in good faith and for value, unlessotherwise required by law. (b)The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof,which Mortgagee has submitted a request in writing, in the form as attached hereto as Exhibit D, attached hereto and incorporated herein by this reference, to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Owner in the perfon-nance of the Owner's obligations under this Agreement. (c) If City timely receive@ a request from a Mortgagee, in the form set forth on Exhibit D, attached hereto and incorporated herein by this reference, requesting a copy of any notice of default given to the Owner under the terms of this Agreement, City shall endeavor to provide a copy of that notice of default to the Mortgagee within ten 10 days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. City shall have no liability for damages or otherwise to Owner, Owner's successor, or to any Mortgagee or successor thereof for the failure to provide such notice. (d) Any Mortgagee who comes into possession of the Property, or any part thereo@ pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereo@ subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affirmative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and @er provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 5.1 of this Agreement. The term of the Agreement shae not be extended based on the fact that a Mortgagee holds title to the Property for all or any part of the term of this Agreement. R:\P@NING\13OPA96.DA 9/11/96 mf 7 (e) Any Mortgagee who comes into possession of the Property, or any portion thereo@ pursuant to subsection (d) above and who elects not to assume the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. 7. RindengFffect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors-in-interest to the parties to it in accordance with the provisions of and subject to the limitations of this Agreement. 8. @ect as a Private UndertaldnoWationshill of Parties. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement. No partnership, joint venture, or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a govenunent entity regulating the development of private property and the owner of such property. 9. Chanizes in Prqject. No change, modification, revision, or alteration of Existing Development Approvals may be made without the prior approval of the City. City may expand the permitted uses for the Property without wnending this Agreement so long as Owner or Owner's successor retains his/her/their existing entitlements. 10. Timiniz of Development. The parties acknowledge that Owner cannot at this time predict when, or the rate at which the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other sin-dlar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the tin-dng of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, it is the parties intent to cure the deficiency by acknowledging and providing that the Owner shall have the right to develop the property in such order, at such rate, and at such times as the Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan. 11.Indemnity and Cost of L' 11.1 Hold Harmle-.;%. Owner agrees to and shall hold City, its officers, employees, agents, and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Owner or those of its contractor, subcontractor, employee, agents, or other person acting on its behalf which relate to the Project, regardless of whether or not City prepared, supplied, or approved plans or specifications for the Project. This indenuiification requirement shall survive the termination or expiration of this Agreement. 11.2 CourULitip-ationConcemingA2reement. IntheeventtheCountyseeksto challenge the right of City and Owner to enter into this Agreement or to terminate Development R:\P@ING\13OPA96.DA 9/11/96 mf 8 Agreement No. 3, and institutes an action, suit, or proceeding to challenge this Agreement or invalidate and/or enjoin the enforcement of this Agreement or the termination of Development Agreement No. 3, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, employees, and agents, from and against any and all such obligations, liability, suit, claim, loss, judgment, or hen resulting from such action (s) brought by County, (but excluding actions to expunge any Hs pendens) and to share the costs associated with attorneys fees and costs that the parties may incur as the result of any such action or lawsuit to challenge City and/or Owner's legal authority to enter into this Agreement and/or terminate Development Agreement No. 3. If the County action is against all impacted developments for which the City has lowered the otherwise applicable County fees, then Owner's defense costs herein shall be its pro rata share among all impacted landowners based on a ratio of contribution of the total units owned by Owner which are subject to this Agreement compared to the total number of units within the City in which City has lowered the County fees and which are included in such legal challenge. If the County action is only against Owner with respect to this Agreement, then Owner's defense costs shall be one-hundred percent (1001/o) of the attorneys fees and costs for defense of the litigation. City and Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. City and Owner each reserve the right to withdraw from the defense of the County litigation in the evwit the County prevails at the trial level and there is an appeal. If either party withdraws after the trial and there is an appeal, the remaining party shall pay all the costs and fees associated with the appeal. 11.3Cou@ Litiization Concerning Ajzreement - Damaizes. In the event the County prevails in any legalaction or other proceeding to challenge, set aside, or enjoin the enforcement of this Agreement andthe amendment of Development Agreement No. 3, damages (including the difference in the amount of any Interim Public Facilities Fee paid by Owner to City pursuant to the terms of this Agreement and the amount of the County Development Agreement Fee) shall be the responsibility of Owner. To the extent Owner has paid Interim Public Facilities Fees to City which are adjudicated to lawffiuy belong to the County, City shall pay such sums to County and Owner shall be liable for the payment of the difference between the County Development Agreement Fee reduced by the amount paid by the City. 11.4 County Prevafls in Litigation - Severability. In the event the County prevails at the trial court level against the City or the Owner as described in Section 11.2 of this Agreement, the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, shall revert to the amount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County, or such lesser amount as determined by the court. In the event this Agreement is held to be invalid or unenforceable by a trial court of competent jurisdiction, the provisions set forth in Sections 12.2 and 12.3 of this Agreement shall no longer be enforceable and from the date of the final judgment or ruling of invalidity, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of Development Agreement No. 3, or such lesser amount as detenrnined by the court. AU other provisions of this Agreement shall remain valid and enforceable notwithstanding the ruling of invalidity. I 1. 5 Third P@ LitiLation Concerning A2reement. Owner shall indemnify, protect, defend, at its expense-- including attomey's fees; and hold harmless City, its officers, employees, or agents against any loss, cost expense, claim, or counterclaim, complaint, or proceeding to attack, R:\PLANNING\13OPA96.DA 9/11/96 mf 9 set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement brought by a third party other dm the County. City shall promptly notify Owner of any such claim action, or proceeding and City shall cooperate in the defense. If City fails to promptly notify Owner of any such @ action, or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be resporwble to defend, indemnify, or hold hannless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 11.6 Environmental Assurances. Owner shall indemnify, protect, defend with counsel approved by City, and hold harrnless City, its officers, employees, agents, assigns, and any su r or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation, and removal costs, losses, demands, debts, hens, liabilities, causes of action, suits, legal or administrative proceedings, interests, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred, or suffered by, or asserted against, City or its officers, employees, or agents arising from or attributable to any repair, cleanup, or detoxification, or preparation and implementation of any removal, remedial, response, closure, or other plan ( regardless of whether undertaken due to governmental action ) concerning a Hazardous Substance or h:i7-ardous wastes at any place within the property which is the subject of this Agreement. The foregoing indemnity extends beyond the term of this Agreement and is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation, and Liability Act, C'CERCLX'), 42 U.S.C. Section 9667(e), and CaHfomia Health and Safety Code Section 25364, and their successor statutes, to insure, protect, hold harmless, and indemnify City from liability. 11.7 Release. Except for nondaniage remedies, Owner, for itse@ its successors and assignees, hereby releases the City, its officers, agents, and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article 1, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the City because it entered into this Agreement or because of the terms of this Agreement. 11.8 Reserva@on of Rip-ht5. With respect to Sections 1 1. I through 11.7 herein, City reserves the right to either (1) approve the attomey(s) which Owner selects, hires, or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, the Owner shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attomey's fees, upon b@g and accounting therefor. 11.9 Survival. The provisions of this Section I 1. I to 1 1. 9, inclusive, shall survive the termination of this Agreement. 12.Public Benefits- Public Improvements and Facilitio. R:\P@ING\13OPA96.DA 9/11/96 mf 1 0 12.1 ID=. The Parties acknowledge and agree that this Agreement ronfers private benefits on the Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on the Owner by providing more fully for the satisfaction of the public needs resulting from development of the Project. 12.2Interim Public Facilities Fee. (a) In lieu of the County Development Agreement Fee, RSA Fee or City Public Facility Fee, for a period of five (5) years commencing on the Effective Date, Owner shall pay an Interim Public Facilities Fee of Three Thousand Five Hundred and N-mety Dollars ($3,590.00) per dwelling unit inclusive of Street Improvement Fees, Tmfric Signalization Fees, Parks and Recreation Fees and Library Fees. The Interim Public Facilities Fee shall be paid as provided in Section 12.3 below. At the conclusion of the five (5) year period, Owner shall either continue to pay the Interim Public Facilities Fee of Three-Thousand-Five-Hundred and N-mety Dollars ($3,590.00) per dwelling or such other public facilities fee as the City has then enacted and applied to residential development projects in the City. Owner expressly acknowledges the existence and holding in the case of Kaufinan and Broad Central Vallcy- Inc. v. CiV of Modesto, (1994), 25 Cal.App.4th 1577 . as it applies to later adopted fees. Owner hereby waives for himself, and for any successor thereto, the right to challenge the validity or amount of any such other public Facilities fees which are enacted and applied to residential development projects in the City. Such waiver applies to the Project @ the first five (5) years of this Agreement. Owner acknowledges and agrees that City would not havt entered into this Agreement if its application or operation would limit in any way the City's ability to develop and apply a Comprehensive Public Facilities Fee Program to this Project following the first five (5) years of the term of this Agreement. Owner @er acknowledges and agrees that the waiver provided herein applies not only to this Agreement, but to any rights Owner may have under any vesting map filed and deemed complete under the vesting maps statutes, Goverrunent Code Section 66498.1 et seq.. Finally, Owner agrees that the institution of any legal action by Owner, or any successor thereo@ to challenge the validity, amount, or application of any public facilities fee after the first five (5) yeari of this Agreement, including paying such fees 'under protest" pursuant to Government Code Section 66020 et seg-, shall constitute a material breach and default under this Agreement entitling the City to summary termination hereof. (b) The fees required by paragraph (a) shall be adjusted annually during the term of this Agreement on the anniversary of the Effective Date in accordance with the changes in the Consumer Price Index for All Urban Consumers in the Los Angeles-Anaheim-Riverside Area (hereinafter CPI) published monthly by the U.S. Bureau of Labor Statistics. The annual adjustment shall be calculated in the following manner: (i) Divide the CPI for month and year of the Effective Date into the CPI for the month immediately preceding the anniversary in which the fees are to be adjusted. (ii) Multiply the quotient obtained by the calculation in sub-paragraph (i' above times the fees. R:\P@ING\13OPA96.DA 9/11/96 mf (iii) The result of the multiplication obtained in sub-paragraph (U) above shall constitute the fees payable during the succeeding year. If the CPI specified herein is discontinued or revised during the term of this Agreement, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would have been obtained if the CPI had not been discontinued. In no event shall the fees be less than the fees set forth m paragraph (a) of this Section 12.2. 12.3 Timing. Collection of any and all Interim Public Facilities Fees and/or City Public Facilities Fees, if any, required to be paid by Owner pursuant to this Agreement shall be deferred until such time as a @cate of occupancy has been obtained for the first production home built on the Property. Thereafter, the Interim Public Facilities Fees and/or City Public Facilities Fees, if any, shall be paid at the time issuance of budding permits for each residential unit constructed on the Property. Collection of any and all Interim Public Facilities Fees and/or City Public Facilities Fees paid by the Owner for all home units paid prior to adoption of the Agreement in surplus to those fees contained herein shall be credited to Owner. 12.4Other A=Iicable Fees. (a) Owner shall also pay all other customary and typical development exactions, for a project of this size and nature, in @stence as of the Effective Date and throughout the term of this Agreement, not included in the Interim Public Facilities Fee, pursuant to provisions of City ordinances and resolutions in existence when paid. (b) The parties hereto agree that to the extent the applicable Steven's Kangaroo Rat and drainage fees have not been paid prior to the execution of this Agreement by both parties, those fees remain applicable to the Project. 12.5Public WaU. If Owner is required by this Agreement or any other obligation, to construct any publicworks facilities which will be dedicated to City or any other public agency upon completion, and ifrequired by applicable laws to do so, Owner shall perform such work in the same manner and subject to the same requirements as would be applicable to City or such other public agency should it have undertaken such construction. 13.Reservation of Authority. 13.1 Limitations- Reservations, and Exceptions. Notwithstanding any other provision of the Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals. R:\P@ING\13OPA96.DA 9/11/96 mf 12 (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports,. recommendations, appeals, and any other matter of procedure. (c) Regulations imposing Development Exaction's; provided, however, that no such subsequently adopted Development Exaction's @ be applicable to development of the Property unless such Development Exaction's are applied unifom-dy to development throughout the City. (d) Regulations governing construction standards and specifications including without Stations the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code. (e) Regulations which are NOT in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, @ting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (f) Regulations which are in conflictwith the Development Plan, provided Owner has given written consent to the application of such regulations to development of the Property. 13.2 SubscQuent Development App@. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying the Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations not in conflict with the Development Plan. 13.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effecfive Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations. In that event, however, this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 13.4 Rep-ulation by Other Public Agencics. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 13.5 Tentative Tract MU Extension. Pursuant to the provisions of Section 66452.6 of the Governiment Code, the tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as a part of implementing the Development Plan shall be extended to expire at th, end of the term of this Agreement. R:\P@ING\13OPA96.DA 9/11/96 mf 13 13.6 Vesting Tentative Mos. If any e or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with the development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 664 1 0, and Riverside County Ordinance No. 460, as the same were incorporated by reference into the Temecula Municipal code by Ordinance No. 90-04, and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to the Owner, then and to that extent the rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over conflicting provisions of law or ordinances concerning vesting maps. 14.Development of the PropeM- Vesting, Termination of Development Agreement No. 3 14.1 Riahts to Develop. Subject to the terms of this Agreement, including payment of the Interim Public Facilities Fee, the Owner shall have a vested right to develop the Property in accordance with, and to the extent of the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. In exchange for the vested right to develop pursuant to this Agreement, Owner expressly waives for himself and for any successor thereto, the right to challenge or contest the validity of any condition of approval attached to any entitlement which is a part of the Development Plan. 14.2 Effect of Agreement on Land Use Rey-ulations. Except as otherwise provided under the terms of this Agreement, including the payment of the Interim Public Facilities Fee, the rules, regulations, and official policies gov@ng permitted uses of the Property, the density and intensity of use of the Property, the maximum height size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be Existing Land Use Regulations. City shall exercise its lawful reasonable discretion in connection with Subsequent Development Approvals in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, payment of the Interim Public Facilities Fee and/or the City Public Facilities Fee, as the case may be. City shall accept for processing, review, and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. City may, at the request of Owner, contract for planning and engineering consultant services to expedite the review and processing of Subsequent Development Approvals, the cost of which shall be bome by Owner. 14.3 Chanizes and Agreements. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development approvals. In the event the Owner finds that a change in the Existing Development Approvals is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to effectuate such change. If approved, any such change in the Existing Development Approvals shall be incorporated R:\P@ING\13OPA96.DA 9/11/96 mf 14 herein as addendum to @ Agreement and may be further changed from time to time as provided in tlis Section. Owner, shalt within thirty (30) days of written demand by City, reimburse City for any and all reasonable costs, with any amendment or change to this Agreement that is initiated by Owner or Owner's successor - without regard to the outcome of the request for amendment or change to this Agreement. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the g Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such a change does not: (a) Alter the permitted uses of the Property as a whole, except as provided in Section 9 hereof, or, (b)Increase the density or intensity of use of the Property as a whole; or, (c)Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or, (e) Constitute a project requiring a subsequent or a supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code. 14.4 Minimum Unit Size. Owner agrees that the units to be constructed on the Property shall be a minimum of two thousand (2,000) square feet in size. 14.5Termination of Development Agreement No. 3. Both City and Owner agree that on the EffectiveDate of this Agreement, Development Agreement No. 3 shall be terminated and of no further force oreffect as to this Project only, having been replaced by this Agreement. 15.Periodic Review of Compliance with Agreemeni. (a) Pursuant to City Resolution No. 91-52, as it may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period from the Effective Date of this Agreement. The Owner or successor shall reimburse City for the reasonable and necessary costs of this review, within thirty (30) days of written demand from City. (b) During each periodic review by City, the Owner is required to demonstrate good faith compliance with the terms of this Agreement. The Owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require. 16. Financing District. Upon the request of Owner, the parties shall cooperate in exploring the use of special assessment districts and other similar Financing Districts for the financing of the construction, improvement, or acquisition of public infrastructure, facilities, lands, and improvements to serve the Project and its residents, whether located within or outside the Property. It is acknowledged that nothing contained in this Agreement shall be construed as requiring City or City Council to form such a district or to issue or sell bonds. R:\P@ING\13OPA96.DA 9/11/96 mf 15 17.Agreement or Cancellation of Acreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Sections 65868. If an amendment is requested by the Owner or its successor, the Owner/successor agrees to pay City any Development Agreement processing fee then in @stence as established by City Council Resolution, or if no such fee is established, to reimburse City for the actual and reasonably necessary costs of reviewing and processing the Agreement within thirty (30) days of written demand from City - without regard to City's action on such amendment. 18. Enforcement. Unless amended or canceled as herein provided, this Agreement is enforceable by any party to it, notwithstanding a change in the applicable general or specific plan, zoning, subdivision, or building regulations adopted by the City. 19. Events of Default. Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (a) If a warranty, representation, or ent made or @shed by Owner to City is false or proves to have been false in any material respect when it was made-, (b) More than forty-five (45) days have passed since City's making of a written request to Owner for payment or reirnbursment for a fee or service authorized or agreed to pursuant to this Agreement. (c) A finding and determination by City that upon the basis of substantial evidence the Owner has not complied in good faith with one or more at the terms or conditions of this Agreement. 20.Procedure Upon Default. (a) Upon the occurrence of an event of default, City may terminate or modify this Agreement in accordance with the procedure adopted by the City. (b) City does not waive any claim of defect in performance by Owner implied if on periodic review the City does not propose to modify or terminate this Agreement. (c)Non-performance shall not be excused because of a failure of a third person. (d) Non-perfommce ga be excused only when it is prevented or delayed by acts of God or an emergency declared by Governor. (e) AU other remedies at law or equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 21. Remedies. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of R:\P@ING\13OPA96.DA 9/11/96 mf 1 6 Owner, or any other person, and Owner covenants not to sue for claim any damages for breach of that Agreement by City. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof Owner, for himself or any successor thereto, expressly waives the right to seek damages the City or any officer, employee or agent thereoc for any default or breach of this Agreement. 22. Attom@s Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 23. Notices. AU notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail postage prepaid and presumed delivered upon actual receipt by personal delivery or within three (3) days following deposit thereof in United States Mail. Notice required to be given to City shall be addressed as follows: To City:City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Attn:City Clerk With a copy to:Peter M. Thorson, City Attorney Richards, Watson & Gershon A Professional Corporation 3 3 3 So. Hope Street, 3 8th Floor Los Angeles, CA 90071-1469 Notices required to be given to Owner shall ioe addressed as follows: To Owner:Van Daele / WRI Associates, L.P. Van Daele Development Corporation 2900 Adams Street, Suite C-25 Riverside, CA 92504 Attention: Brice H. Kittle, Vice President A party may change the address by giving notice in writing to the other party in the manner provided for herein, and thereafter notices shall be addressed and transmitted to the new address. 24. Cooperation. City agrees that it shall accept for processing and promptly take action on all applications, provided they are in a proper form and acceptable for required processing for discretionary permits, tract or parcel maps, or other land use entitlement for development of the Project in accordance with the provisions of this Agreement. City shall cooperate with Owner in providing expeditious review of any such applications, permits, or land use entitlement and, upor request and payment of any costs and/or extra fees associated therewith by Owner, City shall assign to the Project plarmer(s), building inspector(s), and/or other staff personnel as required to insure the timely processing and completion of the Project. R:\PLANNING\13OPA96.DA 9/11/96 mf 17 25.Mscellaneous Provisions. 25.1Recordation of ALrreement. This Agreement and any amendment or cancellation thereofshall be recorded with the County Recorder by the City Clerk within the period required by Section65868.5 of the Goverrunent Code. 25.2Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 25.3Severabibly. ff any term, provision, covenant or condition of this Agreement shall be determinedinvalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby tothe extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 25.4 Int=retation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and conunon meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 25.5 Section Headings. AU section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 25.6 Singular and Plural. -.ks used herein, the singular of any word includes the plural. 25.7 Joint and Several Obbiz@. ff at any time during the term of @s Agreement the Property is owned, in whole or in part, by more than one Owner, all obligations of such Owners under this Agreement shall be joint and several, and the default of any such Owner shall be the default of all such Owners. Notwithstanding the foregoing, no Owner of a single lot which has been finally subdivided and sold to such Owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof. 25.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. R:\P@NING\13OPA96.DA 9/11/96 mf is 25.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such puws right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 25.10 NoThirdPa=Beneficiaries. ThisAgreementismadeandenteredintofor the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 25.11 Force hueurg. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time dw such events prevented such performance, provided that the ten-n of this Agreement shall not be extended under any circumstances for more than five (5) years. 25.12 Mutual Covenants. Tbe covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 25.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement 3hall inure to, all successors in interest to the parties to this Agreement. AU provisions of this Agreement shall be enforceable as equitable servitude and constitute covenants running with the land. Each covenant to do or refrain fi7om doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property- (b) runs with the Property and each portion thereof, and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof 25.14 Countg=arts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 25.15 Jufisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by an party hereto for the purpose of enforcing, construing or determining the validity of any provision of tlis Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 25.16 Further Actions and M=ments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. R:\P@NING\13OPA96.DA 9/11/96 mf 19 Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fiffffl the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 25.17 Eminent Do@ No provision of this Agreement shall be construed to @t or restrict the exercise by City of its power a en-dnent domain. 25.18 Azent for Service of Pro=. In the event owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name , residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of this County and such service shall constitute valid service upon owner. Owner is amenable to the process so served, sub@ts to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 26. Authofily to Execute. Each party hereto expressly warrants and represents that heJsheJ they has/have the authority to execute this Agreement on behalf of his /her/ their corporation, partnership, business entity, or goverrunental entity and warrants and represents that he/she/ they has/have the authority to bind his/her/their entity to the performance of its obligations hereunder. R:\P@ING\13OPA96.DA 9/11/96 mf 2 0 IN WrrNESS WBEREOF this Agreement has been executed by the autho@ representatives of the parties hereto. tocity" City of Temecula By: Karen F. Lindemans, Mayor Attest: June S. Greek, City Clerk Approved as to form: Peter M. Thorson, City Attorney OlOwner" Van Dael Associates, L.P. A California Limited Partnership Van Daele Development Corporation, General Partner By: (typed name) its (title) By: (@ name) its (title) [Notwy Required] R:\PLANNING\13OPA96.DA 9/11/96 mf 2 1 ALL PURPOSE ACKNOWLEDG State of CaHornia County of On 1996, before me, personally appeared personally known to me -OR- proved to me on the basis of satisfactory evidence be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the smne in his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) act executed the instnnnent. Witness my hand and official seal. SIGNATURE OF NOTARY CAPACITY CL D BY SIGNER INDWMUAL(S) OFFICER(S) PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRMING WITNESS GUARDIAN/CONSERVATOR OTBER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) R:\P@ING\13OPA96.DA 9/11/96 mf 2 3 EMSTINGDEVELOP APPROVALS General Plan - Medium Density Residential Specifi@ - County of Riverside Ordinance No. 460, Specific Plan No. 180 (Rancho Highlands) Land Divisions - Final Tract Map No. 22761 Final Tract Map No. 22762 R:\P@ING\13OPA96.DA 9/11/96 mf 2 4 FXHMIT'R E)USTING LAND USE REGULATIONS General Plan Land Use designation is Medium Density Residential. Specific Plan 180 (Rancho ffighlands) R:\P@ING\13OPA96.DA 9/11/96 mf 2 5 F@TT C LEGAL DESCRIPTION Tract 22761, lots 18-80 inclusive Tract 22762, lots 1-12 inclusive R:\P@ING\13OPA96.DA 9/11/96 mf 2 6 FXHMIT D REQUEST FOR NOTICE OF DEFAULT UNDER DEVELOPM[ENT AGREEMENT Development Agreement: Date: Amendment and Restatement of Development Agreement Specific Plan No. 180, Rancho I-Iighlands Planning Application No. To: City of Clerk and Planning Director, City of Temecula Pursuant to Section 6(b) and (c) of the above-referenced Amendment and Restatement of Development Agreement, request is hereby made by as Mortgagee for the property (or portion thereof) to receive copies of any Notice of Default issued by City against Owner in accordance with the terms and conditions of such Amendment and Restatement of Development Agreement. Copies of any such Notices should be mailed to the following address: (Mortgagee) -(Person/Department) (Address) (City/State/Zip) (Telephone No.) A copy of this Notice should be filed with the project file to insure proper and timely notice is given. Under the terms of the Amendment and Restatement of Development Agreement, as Mortgagee is entitled to receive copies of any Notice of Default within ten (10) dayi of sending any such Notice to Owner. Failure to send any such Notice may have serious legal consequences for the City, This request is to remain in effect until revoked by as Mortgagee or the Amendment and Restatement of Development Agreement is Terminated. The person executing tlis document on behalf of the Mortgagee warrants and represents that the entity he./she represents is a bona fide Mortgagee of the property and is entitled to receive copies of Notices of Default under the Amendment and Restatement of Development Agreement. The undersigned declares the above information is true and correct under the penalty of pe@ury under the laws of the State of California. Dated: 1996 Mortgagee R:\P@ING\13OPA96.DA 9/11/96 mf 27 "Owner" Van Daele/WRI Associates, L.P. A California Limited Partnership Van Daele Development Corporation, General Partner By:z u Patrick J. Van Daele (typed name) its President (title) By: (typed name) its (title) [Notary Required] 960915 Ij 1093@1.4 -28- ALL PURPOSE ACKNOWLEDGMENT State of California County of givprq @ icip On August 20, 1996, before me, appeared Patrick J. Van Daele personally known to me -OR- Terri Ann Moss personally Oproved to me on the basis of satisfactory evidence be the personoo whose names@ is/@ subscribed to the within instrument and acknowledged to me that hel$W @ executed the same in his/ber/t@r signature(.o on the instrument the personw, or the entity upon behalf of which the person(A) act executed the instrument. Witness my hand and official seal. 0 Terri Ann Moss COMM. # 1 088153 SIGNATURE OF NOTARY 0 ARY PUBUC - CALIFORNIA W RIVERSIDE CouNTY 0 Cn-- Exo Feb is.2ooo -1 CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) OFFICER(S) (TI@l-LE[S]): PARTNER(S) A'17ORN-F-Y-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) 960815 lj 1093@1.4 -29- The person executing this document on behalf of the Mortgagee warrants and represents that the entity he/she represents is a bona fide Mortgagee of the property and is entitled to receive copies of Notices of Default under the Amendment and Restatement of Development Agreement. The undersigned declares the above information is true and correct under the penalty of pedury under the laws of the State of California. Dated: August 21, 1996 Mortgagee Tokia Bank 430 Vineyard Ave., Suite 303 nta -o, 91@64 By:. nature) @T Sylvia Faber (printed name) Its: (title) [Notary required] This Notice is to be sent to both the City Clerk and Planning Director for the City of Temecula at P.O. Box 9033, Temecula, Ca 925989-9033 or such other location as Temecula City Hall may be located in the future. 960815 li 1093541.4 By: (signature) (printed name) Its: (title) [Notary required] This Notice is to be sent to both the City Clerk and Planning Director for the Cltv of Temecula at P.O. Box 903'), Temecula, Ca 925989-90')') or such other location as Temecula City Hall may be located 'In the future. 1 3 DPA96. DA 9/12/Q6 mf 2 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF On -a@ 6@ 2@ @ before me, DATE NAME, TITLE NWARY PU13LIC- personally appeared, personally known to me (of pfeved te Fne o, i the basib uf bidtibfautury @u'errce) to be the personk whose name66) is/ar4 subscribed to the within instrument and acknowledged to me that W/she/ @y executed the same in bds/her/thefr authorized capacity(@), and that by tXs/her/t@ir signatures) on the instrument the person(Ig), or the entity upon behalf of which the person%) acted, executed the instrument. WITNESS my hand and official seal. Terri Ann Moss@? COMM. #1088153 A Py PUBLIC - CALIFORNIAIX RWRSIDE COUNTY ii Exp Feb 19. -noo -A (SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION ""i ik, .1 I TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE NUMBER OF PAGES EXHIBIT B CONDITIONS OF APPROVAL R:\STAFFRPTI,13OPA96.CC 10/l/96mf 9 EXHIBIT B CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0130 (Development Agreement) Project Description: An Amendment and Restatement of Development Agreement No. 3 for Planning Area No. 8, 9 and 12 (Final Tract Maps 22761 and 22762), within Specific Plan No. 180 Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements WithinForty-Eight (48) Hours of the Approval of this Project 1The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the pro'ect granted shall be void by reason of failure of condition, Fish and Game Code Section 71 1.4(c). 2.The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA96-0130 (Development Agreement) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 1 3, Chapter 4 (Section 21 000 @ @., including but not by the way of limitations Section 21 1 52 and 21 1 67). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. R:\STAFFRPT\13OPA96.CC 10/l/96 mf 1 0 ATTACHMENT NO. 2 PLANNING COMMISSION STAFF REPORT SEPTEMBER 18, 1996 R:\STAFFRPT\13OPA96.CC 10/l/96 mf 1 1 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION September 16, 1996 Planning Application No. PA96-0130 Amendment and Restatement of DeveJopment Agreement No. 3 for Planning Area No. 8, 9 and 12 ffinal Tract Maps 22761 and 22762) witjhin Specific Plan No. 180 Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION:The Planning Department Staff recommends the Planning Commission: 1 .ADOPI the Negative Declaration for Planning Application No. PA96-0130; and 2. ADOPT Resolution No. 96- recommending approval of Planning Application No. PA96-0130 to the City Council, based upon the Analysis and Findings contained in the Staff Report and subject to the attached conditions of approval. APPLICATION INFORMATION APPLICANT: Van Daele Development Corporation/WRI Associates, Inc. REPRESENTATIVE: Same PROPOSAL: A Request for Approval of an Amendment and Restatement of Development Agreement No. 3 for Planning Areas No. 8, 9 and 12 (Final Tract Maps 22761 and 22762), within Specific Plan No.180. LOCATION: Located north of Preece Lane, west of Ynez Road, east of Interstate 1 5 EXISTING ZONING: SP (Specific Plan) SURROUNDING ZONING: North: SP (Specific Plan) South:SP (Specific Plan) East:PO (Professional Office) and M (Medium Density Residential 7-12 dwelling units per acre) West:SP (Specific Plan) PROPOSED ZONING: N/A R:IST 130PA%.PC 9110/% mf GENERAL PLAN DESIGNATION: Low Medium Density Residential (3 to 6 dwelling units per acre) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: Vacant South:Single Family Dwellings East: Vacant West: Interstate 1 5 PROJECT STATISTICS Number of Lots: Eighty-three (83) Existing Development Agreement Fee: $5,334.00/Unit Proposed Development Agreement Fee: $3,590.00/Unit BACKGROUND On October 21, 1988, Development Agreement No. 3 was executed by the County of Riverside for the Rancho Highlands Specific Plan (S.P. 180) which included Tracts 22761 and 22762. Van Daele Development Corporation/WRI Associates, Inc. has approached the City to execute an Amendment and Restatement of this Development Agreement to reduce the Development Agreement fees. PROJECT DESCRIPTION The proposed Development Agreement Fee includes only an Interim Public Facilities Fee. It eliminates other fees associated with County approved Development Agreements such as the Regional Parkland Fee, Habitat Conservation Fee, and Public Services Offset Fee. Interim Public Facilities Fee The Amended and Re-Stated Development Agreement ('Agreement') has a duration period of ten (10) years and applies to Tracts 22761 and 22762. The Agreement will cover eighty- three (83) single-family lots. The terms of the Agreement allow for an Interim Public Facilities Fee of $3,590.00 per unit to be paid for the first five (5) years of the Agreement. After this period, the developer will either continue to pay the Interim Public Facility Fee of $3,590.00 or such other Public Facilities Fee adopted by the City for other residential projects. R:\STA 130PA%.PC 9110/% mf 2 ANALYSIS E= The existing Development Agreement No. 3 fee includes the following fees: Public Facilities Fee $2,359.00 Regional Parkland Fee $436.00 Habitat Conservation Fee $324.00 Public Services Offset Fee $2,215M Total Development Agreement Fee $5,334.00 According to the County, all County approved Development Agreements have a section which purports to require the split of certain fees between the County and a city should any portion of the property covering the agreement become part of a city. That section provides that the Regional Parkland Fee and the Habitat Conservation and Open Space Land Fee would continue to be fully payable to the County. Additionally, two-thirds (2/3) of the Public Services Offset Fee and 5.3% of the Public Facilities Fee would be payable to the County. Therefore, according to the County, a total of $2,346.93 is payable to the County from the $5,334.00 Development Agreement Fee, leaving $2,987.07 as the City's portion of this fee. The proposed $3,590.00 Interim Public Facilities Fee is greater than $2,987.07, which is the City's portion of the existing Development Agreement Fee, should the County's interpretation of the fees be useid. As a result of the reduction in the Development Agreement Fee, the City will receive $297,790.00 which might otherwise have not been received due to the project being unable to develop at the higher impact fee. However, the City Attorney contends that the County's interpretation of the Development Agreement is not in accordance with State law which provides that the benefits of a Development Agreement as well as its burdens transfer to a City upon incorporation. Because the property which is the subject of this Development Agreement is now within the City boundaries, it is the City Attorney's opinion that the County is no longer entitled to any fees under the Development Agreement. EXISTING ZONING AND GENERAL PLAN DESIGNATION This project is consistent with the General Plan since the General Plan currently designates the site as Low Medium Density Residential and the approved development project which is implemented by this Development Agreement is consistent with this designation. This project is consistent with Specific Plan No. 180, since the development project which is implemented by this Development Agreement meets all the requirements of this Specific Plan. ENVIRONMENTAL DETERMINATION A Initial Study was prepared for this project and it revealed no significant impacts. Therefore, Staff recommends adoption of a Negative Declaration. R:\S'rA MPA96.PC 9/10/% mf 3 SUMMARY/CONCLUSIONS The Amended and Re-Stated Development Agreement ('Agreement') has a duration period of ten (1 0) years and applies to Tracts 22761 and 22762. The Agreement will cover eighty- three (83) single-family lots. The terms of the Agreement allow for an Interim Public Facilities Fee of $3,590.00 per unit to be paid for the first five (5) years of the Agreement. After this period, the developer will either continue to pay the Interim Public Facility Fee of $3,590.00 or such other Public Facilities Fee adopted by the City for other residential projects. As a result of the reduction in the Development Agreement Fee, the City will receive $297,790.00 which might otherwise have not been received due to the project being unable to develop at the higher impact fee. FINDINGS 1 .The Amendment and Restatement of Development Agreement No. 3 is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for residential development and is consistent with the General Plan Land Use Designation of Low Medium Density Residential. 2.The Amendment and Restatement of Development Agreement No. 3 is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property subject to the Development Agreement is located as the Development Agreement provides for single family homes. This Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan. 3.The Amendment and Restatement of Development Agreement No. 3 is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of housing opportunities compatible with the remainder of the City. 4.The Amendment and Restatement of Development Agreement No. 3 will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof. 5.Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (1 0) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll. 6.Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or by diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies. R:\STAFFRM130PA96.PC 9110/96 mf 4 7.The Amendment and Restatement of Development Agreement No. 3 complies with the goals and objectives of the Circulation Element of the General Plan. The traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed. 8.The Amendment and Restatement of Development Agreement No. 3 complies with requirements of the zoning district in which the applicant proposes to develop in that the Specific Plan zoning of Low Medium Density Residential is consistent with the Low Medium Density Residential General Plan Land Use Designation. 9.The benefits that will accrue to the people of the City of Temecula from this legislation and this Amendment and Restatement of Development Agreement No. 3 are as follows: City and Owner acknowledge that development of the Project will result in: a.Generation of municipal revenue; b.Construction of public infrastructure facilities; C.Enhancement of the quality of life; including residential opportunities for present and future residents of the City; d.The opportunity for an adjacent residential-commercial project creating significant job opportunities, sales tax and ad valorem tax revenues for the City; e.Payment of Public Facilities Fees (fire and traffic signal mitigation); and, f.Participation in special assessment districts to finance City and regional infrastructure improvements. Attachments: 1 . PC Resolution No. 96- - Blue Page 6 A.Conditions of Approval - Blue Page 10 2. Ordinance No. 96- - Blue Page 12 3.Initial Environmental Study - Blue Page 17 4.Proposed Amendment and Restatement of Development Agreement No. 3 - Blue Page 27 5.Exhibits - Blue Page 28 A. Vicinity Map R:@A 130PA96.]?C 9/10/% mf 5 ATTAGHMENT NO. 1 PC RESOLUTION NO. 96- R:M MPA%.PC 9110/% mf 6 ATI'AC NO. 1 PC RESOLUTTON NO. 96-- RESOLUTTON OF THE PLANNING CO SION OF THE CITY OF TEMEECULA RECO ING APPROVAL BY TBE CITY COUNCEL OF AMEND AND RESTATT2vEENT OF DEVELOPMENT AG NO. 3 BETWEEN THE CITY OF TEMEECULA AND VAN DAELE DEVELOP CORPORATTON/WRI ASSOCIATES, INC. FOR FINAL TRACT MAPS NO. 22761 AND 22762, WMIIN SPECIFIC PLAN NO. 180 (PLANNING APPLICATION NO. PA96-0130) THE PLANNING COMMISSION OF THE CITY OF TENMCULA DOES HERIEBY RESOLVE AS FOLL4DWS: WHEREAS, the Planning Commission of the City of Temecula has received an application from Van Daele Development Corporation/WRI Associates, Inc. for an Amendment and Restatement of Development Agreement No. 3, Specific Plan No. 180, "Rancho I-Eghlands,' Planning Application No. PA96-0130, (hereinafter 'Development Agreement"); and, "EREAS, the Planning Commission held a noticed public hearing on September 16, 1996, on the issue of recommending approval or denial of the Development Agreement. NOW, TBEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMIECLTLA DOES FIND AS FOLLOWS: Section 1. That the Planning Commission recommends that the City Council adopt and approve the Ordinance approving the Development Agreement, Attachments "A" and "B", respectively, attached hereto and incorporated herein by this reference, subject to the Conditions of Approval attached hereto as Attachment 'C' and incorporated herein by this reference as set forth in full herein. Section 2. That in recommending adoption by the City Council of an Ordinance approving the Development Agreement, the Planning Commission hereby makes the following findings: (a) The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for residential development and is consistent with the General Plan Land Use Designation of Low- Medium Density Residential; and, R:@T 130PA%.PC 9/10/% mf 7 (b) The project subject to the Development Agreement is compatible with the uses autho@ in, and the regulations prescribed for, the Specific Plan Zone district in which the Property subject to the Development Agreement is located, and that this Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan; and, (c) The Development Agreement is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; and, (d) The Development Agreement will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; and, (e) Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest eq assessment ron; and, (f) Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; and, (g) The Development Agreement complies with the goals and objectives of the Circulation Element of the General Plan and the traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed; and, (h) The Development Agreement complies with requirements of the zoning district in which the applicant proposes to develop in that the Low-Medium Density Residential is consistent with the Low-Medium Residential General Plan Land Use Designation; and, (i) The benefits that will accrue to the people of the City of Temecula from this legislation and this Development Agreement are as follows: City and Owner acknowledge that development of the Project will result in the 1 . Generation of municipal revenue; 2.Construction of public infrastructure facilities; R:\STAFFRYnl3OPA96.PC 9/10196 mf 8 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; 4.Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of y improved lots; 5.Payment of Public Facility Fees (fire, library, traffic signal mitigation, development and RSA); and, Section 3. The Secretary of the Planning Commission shall cause this Resolution to be transmitted to the City Council for further proceedings in accordance with State law. Section 4. PASSED, APPROVED AND ADOPTED this 16th of September, 1996. Linda Fahey, Chairman I HEREBY CERTIIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 16th day of September, 1996, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT:PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\STAFFRYnl3OPA96.PC 9/10/96 mf 9 EXHIBIT A CONDITIONS OF APPROVAL R:\STA 130PA%.PC 9/10/% mf 1 0 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0130 (Development Agreement) Project Description: An Amendment and Restatement of Development Agreement No. 3 for Planning Area No. 8/9 and 12 lfinal Tract Maps 22761 and 22762), within Specific Plan No. 180 Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements WithinForty-Eight (48) Hours of the Approval of this Project 1 .The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 2.The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA96-0130 (Development Agreement) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21 000 at =., including but not by the way of limitations Section 21 1 52 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. R:\STAFFRYnl3OPA96.PC 9110/96 mf ATTACHMENT NO. 2 ORDINANCE NO. 96- R:%STAFFRM130PA%.PC 9/10/% mf 12 ATI'AC NO. 2 ORDINANCE NO. 96- - AN ORDINANCE OF THE CITY COUNC]IL OF THE CITY OF TEMECULA, CALIFORNIA &PPROVING AN AMEND AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 3 BETWEEN THE CITY OFCULA AND VAN DAELE DEVELOPMENT CORPORATION/WRIASSOCIATES, INC. FOR FINAL TRACT MAPS NO. 22761 AND 22762, SPECMC PLAN NO. 180 (PLANNING APPLICATION NO. PA96-0130) WHEREAS, Section 65864 cl,=. of the Government Code of the State of California and Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and, WHEREAS, in accordance with the procedure specified in said Resolution, Van Daele Development Corporation/WRI Associates, Inc. has filed with the City of Temecula an application for a Development Agreement which reflects an amendment and restatement of existing County Development Agreement No. 3 (hereinafter "this Agreement'), of a residential housing subdivision on its property for Tracts 22761 and 22762 (83 lots), hereinafter the 'Subject Property" which application has been reviewed and accepted for filing by the Community Development Director; and, WHEREAS, notice of the City's intention to consider adoption of this Agreement with Costain Homes, Inc. has been duly given in the form and manner required by law, and the Planning Commission and City Council of said City have each conducted public hearings on September 16, 1996 (Planning Commission), and (City Council) at which time it heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF THE CM OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and determines, with respect to this Agreement by and between the City of Temecula and Van Daele Development Corporation/WRI Associates, Inc. that it: A. Is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that this Agreement makes reasonable provision for the use of certain real property for residential development consistent with the General Plan's land use designation of Low-Medium Density Residential; B. Is compatible with the uses authorized in, and the regulations prescribed for, the land usedistrict in which the Subject Property referred to herein is located as this Agreement providesfor residential development pursuant to a Specific Plan; R:\STA 130PA%.PC 9110/% mf 13 C. Is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; D. Will not be detrimental to the health, safay, or general welfare because it provides adequate assurances for the protection thereof, E. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and maued or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; F. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description in text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; G. Notice of the public hearing before the City Council was published in a newspaper of general circulation at least ten (10) days prior to the City Council public hearing, maued at least ten (10) days prior to the hearing to the project applicant, to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; H. Notice of the City Council hearing included the date, the time, and place of the public hearing, the identity of the hearing body, the general explanation of the matter to be considered, a general description in text or by diagram of the location of the Property that is the subject of the hearing, and the notice of the need to exhaust administrative remedies; 1. City Council approved this Agreement by Ordinance based upon evidence and findings of the Planning Commission and new evidence presented at its hearing on this Agreement, giving its reasons therefor and setting their relationship between this Agreement and the General Plan; K. The benefits that will accrue to the people of the City of Temecula from this legislation and this Agreement are as follows: 1 . Generation of municipal revenue; 2.Construction of public infrastructure facilities; 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; R:\STAFFRYnl3OPA96.PC 9/10/96 mf 1 4 4.Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of y improved lots; and 5.Payment of Public Facility Fees (fire, library, traffic signal mitigation, development andRSA). Section 2. APPROVAT-. @s Agreement, attached hereto and incorporated herein by this reference as Attachment '1' is hereby approved. The Mayor is authorized and directed to evidence such approval by executing this Agreement for, and in the name of, the City of Temecula; and the City Clerk is to @ them; provided, however, that this Agreement shall not be executed by the City until this Ordinance takes effect and the City has received from the applicant two executed originals of said Agreement. Section 3. SFVF-RARTTYrY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4.N(MC-F- OF AT)OP710N. The City Clerk shall ce@ to the adoption of this Ordinance andshall cause the same to be posted as required by law. Section 5.This Ordinance shall be in full force and effect @ (30) days after its passage. The CityClerk shall ce@ to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Wi@ 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. R:\S'r 130PA%.PC 9/10/% mf 1 5 Section 6. PASSED, APPROVED AND ADOPRM this _ day of 1996. Karel Lindemans, Mayor ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, Citv Attorney STATE OF CALIFORNIA) COUNTY OF I]DE) CITY OF TEMECULA) 1, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 199-, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 199_, by the following vote, to wit: AYES:COUNCIILMEM13ERS: NOES:COUNC]ILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Greek, City Clerk R:\ST 130PA%.PC 9/10/% mf 1 6 ATTACHMENT NO. 3 INITIAL ENVIRONMENTAL STUDY R:\n 130PA96.PC 9110/96 mf 1 7 CITY OF TEMECULA Environmental Checklist 1. Project Title: Planning Application No. PA96-0130 (Amendment and Restatement of Development Agreement) - Interim Public Facility Fee 2. Lead Agency Name and Address: City of Temecula, 43174 Business Park Drive, Temecula, CA 92590 3. Contact Person and Phone Number: Matthew Fagan, Associate Planner (909) 694-6400 4. P 'ect Location: North of Pre= Lane and west of Ynez Road (TM 22761 roi and TM 22762) 5. Project Sponsor's Name and Address: Van Dacle Development Corporatio Associates, L.P. 2900 Adams Street, Suite C-25 Riverside, CA 92504 6. General Plan Designation: LM (Low-Meditun Density Residential - 3-6 dwelling uruts per acre) 7. Zonmg: SP (Rancho Highlands Specific Plan) 8. Description of Project: Amendment and Restatement of Development Agreement for Specific Plan 180 (Rancho Highlands Specific Plan) - Planning Areas No. 8/9 & 12 9. Surrounding Land Uses and Setting: Single family residences to the south. Vacant to the no@ and east. Interstate 15 to the west 10.Other public agencies whose approval is required: None R:@TA 130PA96.PC 9/10/96 mf 18 ENVIRONMENTAL FACRORS POTENTIALLY AFFECRED: The environmental factors checked below would be potentially aff@ by this proj@ involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. I Land Use and Planning [ Hazards Population and Housing [ Noise Geologic Problems [ Public Services Water [ Utilities and Service Systems I Air Quality [ Aesthetics Transpomfion/Circulation [ Cultural Resources Biological Resources [ Recreation Energy and Mineral Resources [ Mandatory Findings of Si@cance DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant on the envirorunent, and a NEGATIVE DECLARATION will be prepared. Signature Date Printed Name R:%STMTRM130PA%.PC 9/10/% mf 19 si@ Unien LAW Than Sipifi@ MiLiption sipmcwt No ISSUES AND SUPPORTING INFORMATION SOURCES ww 1.IAND USE AND PLANNING. Would the proposal: a. Conflictwithgeneralplandesignationorzoning? I I pq b.Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? I I I I I I N c.Be incompatible with existing land use in the vicinity? d.Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or 'unpacts from incompatible land uses? e.Disnipt or divide the physical arrangement of an established community (including low-income or minority community)? 2.POPULATION AND HOUSING. Would be proposal: a.Cumulatively exceed official regional or local population projects? b.Induce substantial growth in an area either directly or indirectly (e.g. through project in an undeveloped area or extension of major infrastructure)? c.Displace existing housing, especially affordable housing? 3.GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving? a-Fault nipture? b.Seismic ground shaking? c.Seismic ground failure, including liquefaction? d.Selche, tsunami, or volcanic hazard? e.Landslides or mudflows? fErosion, changes in topography or unstable soil conditions from excavation, grading or fdl? g.Subsidence of the land? h. Expansive soils? I I pq I.Unique geologic or physical features? R:\STAFFRFnl3OPA96.PC 9110/96 mf 20 Lhdcn LA= Than Sigooficarit MiLiption si@@ No ISSLJES AND SLJPPORTING INFORMANON SOURCES 4.WATER. Would the proposal msuh in: a-Changes in absorption rates, drainage patterns, or the rate and mount of suffarc runoff? h.Exposure of people or property to water related h such as flooding? c.Discharge into swface waters or other alteration of water quality (e-g- temperature, dissolved oxygen or turbidity)? d.Changes in the amount of surface water in army water body? e.Changes in currents, or the course or direction of water movements? I I pq f Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? I rA g. Altered direction or rate of flow of groundwater? I pq h. Impacts to groundwater quality? I I.Substantial reduction in the amount of groundwater otherwise available for public water supplies? 5.AIR QUALITY. Would the proposal: a.Violate any air quality standard or rontribute to an existing or projected air quality violation? I pq b. Expose sensitive receptors to pollutants? I I pq c.Alter air movement, moisture or temperature, or cause any change in cl@? I I pq d. Create objectionable odors? [ I pq 6.TRANSPORTATION/CIRCUILATION. Would the proposal result in: a. Increase vehicle trips or traffic congestion? I I pq b.Hazardstosafetyfromdesignfeatures(e.g.sharpcurves or dangerous intersection or incompatible uses)? I I pq R:\STAFFRP'nl3OPA%.PC 9/10/% mf 21 S p Lhdm L4= Than Si miti@ sigwficant No ISSUES AND SUPPOR'NNG INFORMA'110N SOURCES impact c.Inadequate emergency access or access to nearby uses? d.Insufficient p@g capacity on-site or off-site? e. Hazards or barriers for pedestrians or bicyclists? f Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? pq g. Rail, waterbome or air tralec impacts? pq 7.BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a.Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)? b. Locally designated species (e.g. heritage trees)? I I pq c.Locallv designated natural communities (e.g. oak fore@ coastal habita@ etc.)? d.Wetland habitat (e.g. marsh, riparian and vernal pool)? e.Wildlife dispersal or migration corridors? 8.ENERGY AND MINERAL RESOURCES. Would the proposal: a. Conflict with adopted energy conservation plans? I I [XI b.Use non-renewal resources in a wasteful and inefficient manner? c.Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? 9.HAZARDS. Would the proposal involve: a.A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chenucal or radiation)? I I pq b.Possible interference with an emergency response plan or emergency evacuation plan? I I I I I I [XI c.The creation of any health hazard or potential health hazard? I I I I PC] R:\ST 130PA%.PC 9110/% mf 22 ISSUES AND SUPPORTING INFORMANON SOURCES Sigo*ficmmt LAn Than Sipfficmt miti@ sign;ficmrd No d.Exposure of people to existing sources of potential health hazards? e.Increase fire hazard in areas with flammable brush, grass, or trees? 10.NOISE. Would the proposal result in: &Increase in existing noise levels? b. Exposure of people to severe noise levels? 11.PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government ser,vices in any of the following areas: a. Fire protection? I I pq b. Police protertion? I IN c. Schools? I pq d. Maintenance of public facilities, including roads? I I pq e. Other governmental services? I 12.LTT=IES AND SERVICE SYSTEMS. W(buld the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a. Power or natural gas? I I pq b. Commuru'cations systems? I I pq C.Local or re 'onal water treatment or distribution 91 facilities? I I pq d. Sewer or septic tanks? I I pq e. Storm water drainage? I I pq f Solid waste disposal? [ I pq g. Local or regional water supplies? I I pq 13.AESTBITICS. Would the proposal: a. Affect a scenic vista or scenic highway? I I pq R:\.STAFFRP'nl3OPA%.PC 9/101% inf 23 sqgoifics- p union LAW Signifi@ miti@ Si@ No ISSUES AND SUPPOR'NNG INFORMA'NON SOURCES b. Have a demonstrable negative aesthetic effect? pq c.Create light or glare? 14.CULTURAL RESOURCES. Would the proposal: a.Disturb paleontological resources? b. Disturb archaeological resources? pq c.Affect historical resourres? d.Have the potential to cause a physical change which would affect unique ethnic cultural values? I I pq e.Restrict existing religious or sacred uses within the potential impact area? I I pq 15.RECR.EATION. Would the proposal: a, Increase the demand for neighborhood or regional parks or other recreational facilities? I I pq b.Affect existing recreational oppo@ties? 16.MANDATORY FINDINGS OF SIGNMICANCE. a.Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to e@ate a plant or animal community, reduce the niunber of restrict the range Of a Tare or endangered plant or animal or e@ate important examples of the major periods of California history or prehistory? I I pq b.Does the project have the potential to achieve short-term, to the disadvantage of long-@ environimental goals? c.Does the project have impacts OW area individually limi@ but cumulatively considerable? ('Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). pq d.Does the project have envirorumental effects which win cause substantial adverse effects on human beings, either directly or indirectly? pq R:\ST 130PA96.PC 9/10/% mf 24 17. EARLICER ANALYSES. & Earhcr analyses used: Enviroriinental Impact Peport No. 202, impacts were adequately SOURCES I . City of TemecWa Gcneral Plan. 2.City of Temecula General Plan Final Envirorunental Impact Report R:\ST 130PA%.PC 9/10/% mf 25 DISCUSSION OF THE ENVERONMENTAL IMIPACTS The project is an Amendment and Restatement of Development Agreement No. 3 for Planning Areas No. 8/9 and 12 (Final Tract Maps 22761 and 22762), within Specific Plan No. 180. The main amendment to the Development Agreement is the shifting of the payment of Public Facility Fees from the County of Riverside to the City of Temecula. The Amendment and Restatement of Development Agreement No. 3 will not create any impacts upon the envirorunent. The overall project (Specific Plan No. 180 - Rancho I-lighlands) was analyzed in Envirorunental Impact Report No. 177. Any mitigation measures recommended in EIR No. 177 will remain applicable to the project. Further, mitigation measures are contained in the conditions of approval for TM22761 and TM22762. R:XSTA 130PA%.PC 9110/% mf 26 ATTACHMENT NO. 4 PROPOSED AMENDMENT AND RESTATEMENT DEVELOPMENT AGREEMENT NO. 3 R:\STA 130PA%.PC 9/10/% mf 27 ATTACHMENT NO. 5 EXHIBITS R:XSTAFFRYnl3OPA%.PC 9110/% mf 28 CITY OF TEMECULA PA96-0130 DEVELOPMENT AGREEMENT FOR TM 22761 & 22762 EXHIBII - A VICINITY MAP '-ANNING COMMISSION DATE - SEPTEMBER 16, 1996 R:\STAFFRPT\13OPA96.PC 8123/96mf ITEI\4 6 APPROVAL CITY ATTOIMEY FINANCE DIRECTOR CITY @AGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Ronald E. Bradley, City Manager DATE: October 8, 1996 SUBJECT:Consideration of a Program to Reduce the Sale of Alcoholic Beverages to Minors in Temecula PREPARED BY: Susan W. Jones, Deputy Director of Support Services RECOMMENDATION: Staff will finalize the staff report on this item and forward it to you under separate cover on Tuesday. swj APPROVAL CITY ATTORNEY DIRECTOR OF FIN ITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/Ci ager FROM:Gary Thornhill'rCommunity Development Director DATE:October 8, 1996 SUBJECT:Future Middle School Site Prepared By: Debbie Ubnoske, Planning Manager RECOMMENDATION:Provide direction to the Temecula Valley Unified School District on the selection of a site for a future middle school. BACKGROUND The Temecula Valley Unified School District is planning for a new middle school (grades 6, 7, and 8) with a projected opening date of July 1999. At this time, the School District is looking at two potential school sites. Site 1 is located within the Campos Verdes Specific Plan and Site 2 is located in the Roripaugh Specific Plan at the northwest corner of Roripaugh Road and Nicolas Road. This item was heard by the Planning Commission at their meeting on September 30, 1996. Commissioner Fahey stepped down due to a potential conflict of interest. Commissioner Webster felt that Site 2 (Roripaugh Specific Plan) was more appropriate based on its' proximity to residential uses. He also felt more students would be able to walk to this site, thereby decreasing the amount of traffic generated. Commissioners Soltysiak and Slaven preferred Site 1 (Campos Verdes Specific Plan). Commissioner Soltysiak liked the fact that the Campos Verdes site would be surrounded by local residential streets and Commissioner Slaven felt that the Campos Verdes site would have less traffic and would be safer. She felt that the Roripaugh site was in an area of high traffic. Commissioner Miller felt that the Roripaugh site would be good in that it would reduce the amount of commercial that would be available; however, he was concerned about traffic at this site. He felt the Campos Verdes site was better in terms of traffic and parking. While the School District does not need to have either the Planning Commission or City Council's approval for acquiring this middle school site, they are very desirous of obtaining direction from both the Commission and the Council to assist them in their decision. Therefore, it is the request of the School District that the City Council provide direction as to which site would be better suited for a future middle school site. R:\STA @OOL.CC 10/i/96 Eb 1 FISCAL IMPACT N\A Attachments:Aerial Photograph showing both school sites - Page 3 Exhibit showing both school sites - Page 4 Preliminary Comparison Factors for both school sites - Page 5 Preliminary lot layout for Site 1 (Campos Verdes Specific Plan) - Page 6 Preliminary lot layout for Site 2 (Roripaugh Specific Plan) - Page 7 R:\STA OOL.CC 1011/% kb 2 ATTACHMENT NO. 1 AERIAL PHOTOGRAPH SHOWING BOTH SCHOOL SITES R:\STA OOL.CC 10/11% iM 3 TE 1 npos Vei t 7. ATTACHMENT NO. 2 EXHIBIT SHOWING BOTH SCHOOL SITES I I R:\ST OOL.CC 10/l/96 kb 4 ui C6 ......... LU J -_Jj 0 gE > z 0 LL z co LLS uj 91 8,0 C, 0- @Le) C-4 filed .............. ili@l Jill .............. ATTACHMENT NO. 3 PRELIMINARY COMPARISON FACTORS FOR BOTH SCHOOL SITES R:\STA SCHO-OL.CC 10/1/% kb 5 MIDDLE SCHOOL #4 POSSIBLE SITES PRELIMINARY COMPARISON FACTORS SITE I Campos Verdes SITE 2 Wall Street 1. Current zoning Residential/Elementary School Commercial 2. Adjacent commercial Possibly Yes (possible alcohol sales) 3. Transportation (at buildout) Winchester Collection? Winchester Collection? Neighborhoods bussed Barclay Estates East Roripaugh Ranch Willows (E. Silverhawk) All Rofipaugh Total students bussed 454 151 4. Probable "true walkers" Campos Verdes Campos Verdes at buildout Roripaugh Mlls Roripaugh Hills West Meadowview Portifino Portifino? Martinique Martinique? Silverhawk? Woodcrest Country Amberwood Summerfield I Sagewood 09/13/96 ATTACHMENT NO. 4 PRELIMINARY LOT LAYOUT FOR SITE 1 ICAMPOS VERDES SPECIFIC PLAN) R:\ST OOL.CC 10/1/% la 6 t4 a @@ULA- U-NIFIEP 46 ATTACHMENT NO. 5 PRELIMINARY LOT LAYOUT FOR SITE 2 (RORIPAUGH SPECIFIC PLAN) R:\STA OOL.CC 10/1/% M 7 Go -N OL