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102301 CC Agenda
..... · ^A, =~ .,,, '~eed soecial assistance to participate .in th!s ~' compliance with the A . ~ ..... .~. ,,,nn~ 694 6444 Notificat on 48 hours prior to a meeting meeting, please contact th .. . ........ ~.;,~,, ~,, n eetinn [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUI ClL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK pRIVE OCTOBER 23,2001 - 7:00 P.M. · el 9'45 P M., the City Counc I will determine which of the remaining agenda items At approx~ma! y · · .._ ' . *,, ~ n.nN M n~nd may continue all other items on which can be consiaered and acted ?o,n .pno, ,,~ '.T'-- P.;, '_' u_.=_~ ',..,, .,.heduled to end at 10:00 P.M. additional time is required until a rmure men[lng. Au mu-.-uo ,~,'~ ~"" CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Next in Order: Ordinance: No. 2001-15 Resolution: No. 2001-91 Mayor Jeff Comerchero Natalie and Tiffany Vita Pastor Robert Gonzalez of Hc ise to House Ministry Cub Scout Pack No. 301 Naggar, Pratt, Roberts, Stone, Comerchero PRESENTATIONS/PROCLAMATIONS Performance by the Musicians' Workshop Choir Domestic Violence Awareness Month Proclamation National and State Financial Reportinq Awards Presentation by the Temecula Firefiqhters PUBLIC COMMENTS A total of 30 minutes is provided so members of ti public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minUtes each. ,if yo~ desir, e to sp.e,,ak, t0, tt~e ~ou_n_ci_l_o~n~ ~ an item which s listed on the Consent Ca enoar or a mat~er no~ ,stea on me ~g..u,~, - pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forwarl 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 prio~r to the Council addressing that item. There is a five (5) minute time limit for individual .~ akers. R:~.genda\102301 1 CITY COUNCIL REPORTS Reports by the members of the City Council on matt~ at this time. A total, not to exceed, ten (10) minutes CONSENT CALENDAR NOTICE TO THE PUBI rs not on the agenda will be made /ill be devoted to these reports. .lC 2 3 4 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 ~iscussion of these items unless Members of the City Council request specific items~ be removed from the Consent Calendar for separate action. / Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: j 1.1 Motion to waive the reading of the text of all ordi ~ances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of August 14, 2001; 2.2 Approve the minutes of August 28, 2001; 2.3 Approve the minutes of September 11,2001. Resolution approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 01. A RESOLUTION OF THE CITY COUNCIl. OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Authorization to execute the Supplemental Aqreement ifor the Fiscal Year 2001-02 - Community Development Block Grant Funds RECOMMENDATION: 4.1 Authorize the Mayor to execute the Supplemental Agreement for Fiscal Year 2001- 02 - Community Development Block Grant Fund~, R:~Agenda\102301 2 6 Amendment to Fire Protection Aqreement for Fiscal Ye!r 2001-02 RECOMMENDATION: 5,1 Approve the amended Exhibit A to the Fire Prote ;tion Agreement for Fiscal Year 2001-02. Amendment to Professional Services Aqreement betw, ;en the City of Temecula and Kelley Display, Inc. - City Banner Proqram / RECOMMENDATION: 6.1 Approve the amendment to the Professional Se ices Agreement with Kelley Display, Inc. for an amount not to exceed $50,500.00 and authorize the Mayor to execute the amendment, 8 9 Inland Empire Airports First RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 0l- A RESOLUTION OF THE CITY COUNCI~ OF THE CITY OF TEMECULA SUPPORTING THE NEED TO MEET REGIONAL NEEDS FOR THE EXPANSION OF AVlATI(~N FACILITIES / Acceptance of Median Landscape Bonds and A.qreement alon,q Overland Drive - Parcel Map No. 30208 (Be V la.qqio Development) RECOMMENDATION: 8.1 Accept the agreement and surety bonds from B< medians along Overland Drive west of Margarit~ Butterfield Staqe Road/CETAP Corridor - Resolution i RECOMMENDATION: Villaggio LLC to the landscaped Road in Parcel Map No. 30208. Opposition 9,1 Adopt a resolution entitled: RESOLUTION NO. 01. A RESOLUTION OF THE CITY COUNCI~ OF THE CITY OF TEMECULA FORMALLY OPPOSING CORRIDORS 5A AND 5B OF THE COMMUNITY AND I ENVIRONMENTAL TRANSPORTATION ACCEPTABILITY PRO, CESS (CETAP) AS IT RELATES TO BUTTERFIELD STAGE ROAD R:~Agenda\102301 3 / 10 Authorize Temporary Street Closures for the first annu;{I Antique and Craft Street Faire in Old Town RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHOR, IZlNG STREET CLOSURES FOR THE FIRST ANNUAL ANTIQUE AND CRAFT 'ITY ENGINEER TO STREET FAIRE AND AUTHORIZING THE Cl ISSUE A PERMIT FOR THIS SPECIFIC SPE(~IAL EVENT 11 Acceptance of a Storm Drain Easement and Riqht-of-Way (located within Parcel No. 2 of Parcel Map No. 28530-1) RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION FOR A STORM DRAIN EASEMENT AND RIGH~-OF-WAY WITHIN PARCEL NO. 2 OF PARCEL MAP NO. 28530-1 12 Quitclaim a portion of a Storm Drain Easement (located within Parcel No. 2 of Parcel Map No. 28530-1 ) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE QUITCLAIM OF A PORTION OF A STORM DRAIN EASEMENT eT THE lUNDERLYING FEE OWNER LOCATED WITHIN PARCEL NO. 2 OF PARCEL MAP NO. 28530-1 act 13 Tract Map No. 28850 Reimbursement Aqreement for Development Imp Fee (DIF) - Richmond America Homes of Southern California RECOMMENDATION: 13.1 Approve the Reimbursement Agreement for Development Impact Fee (DIF) between the City of Temecula and R~chmond American Homes of Southern California for Tract No. 28850 in the amount of 57,822.77 and authorize the Mayor to execute the agreement. R:~Agenda\102301 4 14 / Solicitation of Construction Bids and Approval of the Plans and Specifications for Project No. PW00-31 - Traff c Si.qnal and Delineation Modifications Winchester Road {State Route 79 North), NOrthbound 1-15 Ramps to Ynez Roa~d 15 16 17 RECOMMENDATION: 14.1 R:~genda\102301 Approve the Construction Plans and Specificatio Public Works to solicit bids for Project No. PW00 Modifications Winchester Road (State Route 79 I Ynez Road. ~s and authorize the Department of · 31 - Traffic Signal and Delineation ~orth), northbound 1-15 ramps to Award of Construction Contract for the Installation of a ~emporary Traffic Siqnal on Pala Road at Loma Linda Road - Project No. PW98-14 RECOMMENDATION: 15.1 Award a construction contract for the installation of a temporary traffic signal on Pala Road at Loma Linda Road - Project No. PW98-1~ -to DBX, Inc. in the amount of $76,426.00 and authorize the Mayor to execute the contract; I' tt exceed the 15.2 Authorize the City Manager to approve change o~'oers no o contingency amount of $7,642.60 which is equal to 10% of the contract amount. Award of Construction Contract for the Installation of a ~Temporary Traffic Siqnal on Pala Road at Wolf Valley Road - Project No. PW98-15 16.1 Award a construction contract for the installation of a temporary traffic signal on Pala Road at Wolf Valley Road - Project No. PW98-1~ - to DBX, Inc. in the amount of $72,040.00 and authorize the Mayor to execute the contract; , I r not to exceed the 16.2 Author ze the City Manager to approve cnange oroe s contingency amount of $7,204.00 which is equa to 10% of the contract amount. Acceptance of Traffic Siqnal Improvements - Reimbursement Aqreement with MS Temecula II, LLC RECOMMENDATION: 17.1 Accept the Traffic Signal Improvements at Wincl' ;ster and Diaz Roads as completed, as installed by MS Temecula II, LLC; 17.2 Authorize the Finance Director to reimburse $130,,721.97 to MS Temecula II, LLC in accordance with the terms and conditions of the Reimbursement Agreement for installation of said signal improvements. 5 18 Aqreement with the County of Riverside reqardinR property located at the northeast corner of Overland Trail and Redhawk Parkway RECOMMENDATION: 18.1 Authorize the Mayor and/or City Manager to execute the agreement with the County of Riverside regarding property located at the northeast corner of Overland Trail and Redhawk Parkway. R:~Agenda\102301 RECESS CITY COUNCIL MEETING TO SCH,EDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVEL(~PMENT AGENCY, AND I INDUSTRIAL DEVELOPMENT AUTHORITY 6 CALL TO ORDER: President Jeff Stone ROLL CALL: DIRECTORS: PUBLIC COMMENTS A total of 15 minutes is provided so members of Comerchero, N Next in Order: Ordinance: No. CSD 2001-01 Resolution: No. CSD 2001-15 aggar, Pratt, Roberts, Stone ~e public may address the Board of Directors on items that are not listed on the age~nda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If y,bu decide to speak to the Board of D~rectors on an ~tem no~t on the agenda or on the Co, nsent 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 For all other agenda items, a "Request to Speak" Prior to the Board of Directors addressing that item. for individual speakers. Anyone wishing to address the Board of Director and state your name for the record. 3tm must be filed with the City Clerk There is a five (5) minute time limit should present a completed pink "Request to Speak" form to the City Clerk. Wh,en 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 August 28, 2001; 1.2 Approve the minutes of September 11, 2001. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS R:~,genda\102301 7 ADJOURNMENT Next regular meeting: Tuesday, November 13, 2001, 7:00 Business Park Drive, Temecula, California. R:~Agenda\102301 8 City Council Chambers, 43200 CALLTO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Comerct PUBLIC COMMENTS A total of 15 minutes is provided so members Redevelopment Agency on items that are not listed Calendar. Speakers are limited to two (2) minutes Next in Order: Ordinance: No. RDA 2001-01 Resolution: No. RDA 2001-06 ero, Naggar, Pratt, Stone, Roberts of the public may address the on the agenda or on the Consent ach. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and fil(~d with the City Clerk. When you are called to speak, please come forward For all other agenda items, a "Request to Speak" f~ Prior to the Board of Directors addressing that item. for individual speakers. ~nd state your name for the record. rm must be filed with the City Clerk There is a five (5) minute time limit Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. WheT you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR I Minutes RECOMMENDATION: 1.1 Approve the minutes of October 9, 2001. DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, November 13, 2001, City Cot Drive, Temecula, California. R:~Agenda\102301 9 ~ncil Chambers, 43200 Business Park CALL TO ORDER: Chairperson ROLL CALL AUTHORITY MEMBERS: Naggar, PUBLIC COMMENTS A total of 15 minutes is provided so members Redevelopment Agency on items that are not listec Calendar. Speakers are limited to two (2) minutes Next in Order: Ordinance: No. IDA 2001-01 Resolution: No. IDA 2001-02 Pratt, Roberts, Stone, and Comerchero of the public may address the on the agenda or on the Consent ~ach. If you decide to speak to the Author ty Members on an item not on the agenda or on the Consent Calendar, a pink ' Request to Speak" form should be filled out and filed w~th the C ty Clerk. When you are called to speak, please come forward a~nd state your name for the record. / For all other agenda items, a "Request to Speak" folrm must be filed with the City Clerk prior to the Authority Members addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Authority MembersI should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak please come forward and state your name and address for tl~e record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of July 24, 2001. R:~Agenda\102301 10 Convene in a Joint meeting with the City Council and th! Industrial Development Authority PUBLIC HEARING Any person may submit written comments to the City Council/Industrial Development Authority before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) 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 t'he public hearing or in written correspondence delivered to the City clerk at, or I~rlor to, the public hearing. 2 Issuance of Industrial Development Revenue Refundin.q Bonds for Tension Envelope Corporation RECOMMENDATION: 2.1 That the City Council adopt the resolution entitled RESOLUTION NO. 01.__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE OF REFUNDING REVENUE BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECULA ~=OR THE TENSION ENVELOPE CORPORATION FACILITY 2.2 That the industrial Development Authority adopt a resolution entitled: RESOLUTION NO. IDA 01- A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECULA ~UTHORIZING THE ISSUANCE OF REFUNDING REVENUE BONDS AND THE EXECUTION AND DELIVERY OF RELATEDIDOCUMENTS FOR TENSION ENVELOPE CORPORATION FACILITY Recess City Council meeting EXECUTIVE DIRECTOR'S REPORT AUTHORITY MEMBERS' REPORTS ADJOURNMENT R:~Agenda\102301 11 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 19 Appointment of Members to the General Plan Commu ~ity Advisory Committee Imeeting) (continued from the October 9, 2001, City Council RECOMMENDATION: 19.1 Appoint the remaining members of the General =lan Community Advisory Committee. 20 Consideration of Harveston Ballot Initiative (At the request of Councilman Naggar) RECOMMENDATION: 20.1 Provide direction to staff. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATrORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, November 13, _>001, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\102301 12 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST 14, 2001 CALL TO ORDER The City of Temecula City Council convened in Closed Session at 6:30 P.M., on Tuesday, August 14, 2001 in the Main Conference Room of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session of the City Council meeting commenced at 7:06 P.M. in the City Council Chambers. ROLL CALL Present: Councilmembers: Naggar, Pratt, Roberts, Stone, and Mayor Comerchero. Absent: Councilmember: None. PRELUDE MUSIC The prelude music was provided by Ms. Kate Welsh. INVOCATION The invocation was given by Pastor Randy R. Johnson of Temecula United Methodist Church. ALLEGIANCE The audience was led in the Flag salute by Venture Crew No. 337. PRESENTATIONS/PROCLAMATIONS Good Neighbor Award Recipient Mayor Comerchero presented Mr. and Mrs. Fundum the Good Neighbor Award for 2001, highlighting the philanthropic actions of this couple in the community. Recocinition of the Temecula Valley Volleyball Club "Viper" - National Champions After Mayor Comerchero recognized the national volleyball champions from the Temecula Valley Volleyball Club, a video presentation was provided, outlining this team's accomplishments, Mayor Comerchero recommending that the seen where the winning championship point was made be included in the year-end review of the City events. Balloon and Wine Festival Presentation Presenting a signed framed poster to the City representing the 2001 Balloon and Wine Festival Event, Mr. Rusty Manning relayed gratitude to the City Council for its support. R;\Minutes\081401 I PUBLIC COMMENTS Ms. Charolette Fox, representing the Master Gardeners, provided an overview of the upcoming Gardening Symposium Event which was scheduled for September 1st from 9:00 A.M. to 4:00 P.M. CITY COUNCIL REPORTS Updating the City Council and the community regarding the Temecula Alternative Fuel Working Group meeting, Mayor Pro Tern Roberts noted the receipt of a $250,000 grant, specifying hopes of receiving three additional upcoming grants, relaying the goal to implement a program whereby there would be an agreement to purchase new alternative fuel vehicles for a minimum often heavy- or medium-duty vehicles in this area, noting the various entities involved with the agreement. CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes 3 RECOMMENDATION: 2.1 Approve the minutes of July 10, 2001. Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 01-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of June 30, 2001 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of June 30, 2001. 5 Purchase of City Vehicles RECOMMENDATION: 5.1 Approve the purchase of one 2001 Ford Ranger from Rancho Ford at $16,856.26; two Ford '~ ton, four-wheel drive, pick-up trucks from Ranch Ford at $45,035.28; one 2001 Chevrolet ~ ton, four-wheel drive, four-door pick-up truck from Paradise at $31,317.98; and one 2001 Ford utility truck from Rancho Ford at $54,825.00. 6 7 8 Records Destruction Report RECOMMENDATION: 6.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. Approval of Contracts for Plan Review Services RECOMMENDATION: 7.1 Approve a three-year agreement for Consultant Services with Esgil Corporation to perform plan review services for the Building and Safety Department for a total amount not to exceed $100,000.00 annually. 7.2 Approve a three-year agreement for Consultant Services with VanDorpe Chou and Associates to perform plan review services for the Building and Safety Department for a total amount not to exceed $100,000.00 annually. Consideration of The Inland Empire Susan G. Komen Breast Cancer Foundation 9 Race for the Cure Sponsorship Request RECOMMENDATION: 8.1 Approve the event sponsorship agreement in the amount of $25,000 with the Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation and authorize the Mayor to execute the agreement. This item was pulled for separate discussion; see page 6. Approve Sponsorship Requests for the Temecula Town Association Special Events RECOMMENDATION: 9.1 Approve funding for the Rod Run for actual City-support costs in the amount up to $34,880; 9.2 Approve funding for the Frontier Days Rodeo for actual City-support costs in the amount up to $8,470; R;~vlinutes\081401 3 9.3 Approve funding for the Great Temecula Tractor Race for actual City-support costs in the amount up to $15,720. 10 Tract Map Nos. 23143-6, 23143-7, 23143-8, 23143-9, 23143-10, 23143-11, and 23143-F (located south of Pauba Road, east of Butterfield Sta.qe Road, and north of De Portola Road) now in conformance with its original approvals). RECOMMENDATION: 10.1 Approve Tract Map Nos. 23143-6, 23143-7, 23143-8, 23143-9, 23143-10, 23143-11, and 23143-F in conformance with the conditions of approval; 10.2 Approve the Subdivision Improvement Agreements; 10.3 Approve the Subdivision Monument Agreements and accept the Faithful Performance Bonds, Labor and Material Bonds, and Monument Bonds as security for the agreements. 11 Tract Map No. 23209 - Subdivision Agreement 12 RECOMMENDATION: 11.1 Approve the Subdivision Agreement and accept the Performance Bond security to guarantee the performance of the subdivider under this agreement. Professional Services A,qreement for Desiqn Services - Fire Station Wolf Creek Site - Project No. PW01-11 RECOMMENDATION: 12.1 Approve an acceleration of $100,000.00 from the Capital Improvement Program Budget for FY2002-03 to the current FY2001-02 budget for the Fire Station Wolf Creek Site - Project No. PW01-11; 12.2 Approve a Professional Services Agreement with STK Architecture, Inc. in an amount not to exceed $159,500.00 to provide design services for the Fire Station Wolf Creek Site - Project No. PW01-11 - within the planned wolf Creek Development and authorize the Mayor to execute the agreement; 12.3 Authorize the City Manager to approve amendments/change orders not to exceed the contingency amount of $15,950.00, which is equal to 10% of the agreement. This item was pulled for separate discussion; see page 6. R;'~vlinutes~081401 4 13 Completion and Acceptance for the Low-Flow Crossinq at Via Montezuma - Project No. PW99-15 RECOMMENDATION: 13.1 Accept the project for the Low-Flow Crossing at Via Montezuma - Project No. PW99-15 - as complete; 13.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 13.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. 14 Completion and Acceptance of the Li,qht Emittinq Diode (LED) Traffic Siqnal Conversion Proqram - Project Number PW01-03 RECOMMENDATION: 14.1 Accept the Light Emitting Diode (LED) Traffic Signal Conversion Program - Project No. PW01-03 - project as complete; 14.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; and 14.3 Release the Materials and Labor Bond seven months after filing of the notice of completion, if no liens have been filed. 15 Parcel Map No. 30044 (located on the south east corner of Dendy Parkway and Winchester Road) RECOMMENDATION: 15.1 Approve Parcel Map No. 30044 in conformance with the conditions of approval; 15.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 16 Roripaugh Specific Plan - Status Report RECOMMENDATION: 16.1 Receive and file. MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1-7, 9-11, and 13-16, Item Nos. 8 and 12 being pulled for separate consideration. The motion was seconded by Mayor Pro Tern Robeds and voice vote reflected unanimous approval with the exception of who was absent. At this time the City Council considered Consent Calendar Item Nos. 8 and 12 which were pulled for separate consideration. 8 Consideration of The Inland Empire Susan G. Komen Breast Cancer Foundation Race for the Cure Sponsorship Request RECOMMENDATION: 8.2 Approve the event sponsorship agreement in the amount of $25,000 with the Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation and authorize the Mayor to execute the agreement. Thanking the City Council for its support of the Susan G. Komen Breast Cancer Foundation Race, Ms. Joan Sparkman distributed T-shirts to the Councilmembers. MOTION: Councilman Stone moved to approve staff's recommendation.. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected unanimous approval. 12 Professional Services Aqreement for Desiqn Services - Fire Station Wolf Creek Site - Proiect No. PW01-11 RECOMMENDATION: 12.1 Approve an acceleration of $100,000.00 from the Capital Improvement Program Budget for FY2002-03 to the current FY2001-02 budget for the Fire Station Wolf Creek Site - Project No. PW01-11; 12.2 Approve a Professional Services Agreement with STK Architecture, Inc. in an amount not to exceed $159,500.00 to provide design services for the Fire Station Wolf Creek Site - Project No. PW01-11 - within the planned wolf Creek Development and authorize the Mayor to execute the agreement; 12.4 Authorize the City Manager to approve amendments/change orders not to exceed the contingency amount of $15,950.00, which is equal to 10% of the agreement. Mr. William Griffith, representing Spring Pacific Properties, noted the applicant's support of the recommendation to accelerate the construction of the Fire Station in the Wolf Creek area, noting that this was a much-needed public infrastructure; and provided an overview of the Wolf Creek applicant's alternate improvements in the community. MOTION: Councilman Stone moved to approve staff's recommendation; and to direct staff to begin efforts regarding expanding the Faster Ambulance Service in Temecula (FAST) Program, planning a paramedic service on the south side of the City, recommending that this service be in place by July of 2002. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected unanimous approval. At 7:34 P. M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency, recessing at 7:53 P.M., and reconvening at 8:09 P.M., with regularly scheduled City Council business. R;~Minutes\081401 6 COUNCIL BUSINESS 17 Harveston RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 01-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE t5, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMITS (PLANNING APPLICATION 00-0189) 17.2 Adopt a resolution entitled: RESOLUTION NO. 01-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 99-0419 (GENERAL PLAN AMENDMENT) FOR THE HARVESTON SPECIFIC PLAN AREA AND THE TWO EXCLUDED PARCELS WITHIN THE SPECIFIC PLAN ON PARCELS TOTALING 550 ACRES LOCATED EAST OF INTERSTATE t5, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT 17.3 Adopt a resolution entitled: RESOLUTION NO. 01-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418) ON PARCELS TOTALING 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT R;\Minutes\081401 7 17.4 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ZONE CHANGE, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA, AMENDING SECTION 17.16.070 OF THE TEMECULA MUNICIPAL CODE, AND ADOPTING ZONING STANDARDS FOR THE HARVESTON SPECIFIC PLAN NO. 13 ON PARCELS TOTALING 550 ACRES LOCATED ADJACENT TO INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT (PLANNING APPLICATION 99-0245) 17.5 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND LENNAR COMMUNITIES AND WINCHESTER HILLS I LLC" FOR THE HARVESTON SPECIFIC PLAN AREA (PLANNING APPLICATION NO. 99-0446) 17.6 Adopt a resolution entitled: RESOLUTION NO. 01-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 00-0295 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OF APPROXIMATELY 550 ACRES INTO 91 LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SITES OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001, 910-261-002, 910-110-013, 910-110- 015, 910-110-020, 910-110-021, 910-110-027, 910-110- 076, 910-100-007, 910-100-008, 910-060-009, 910-120- 008, 911-630-001, 911-630-002, 911-630-003, 9tl-640- 001, 911-640-002, 911-180-002, 911-180-003, 911-180- 004, 911-180-008, 911-180-009, 911-180-015, 911-180- 023 AND 911-180-028 17.7 Adopt a resolution entitled: RESOLUTION NO. 01-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0030 - TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OF APPROXIMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN PLANNING AREA 7 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911-180-003, 911-180-004, 911-640-001 AND 911-630-003 17.8 Adopt a resolution entitled: RESOLUTION NO. 01-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0031 - TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261- 001, 910-261-002, 911-180-002, 911-180-003, 911~180- 004 AND 911-180-015 17.9 Adopt a resolution entitled: RESOLUTION NO. 01-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911-630- 001,911-630-002 AND 911-180-015 R;'Wlinutes\081401 9 The Staff Report is Presented Noting that this item had been continued from the July 24~" City Council meeting in order for staff to address concerns raised by the representatives of the City of Murrieta and Channell Corporation, Deputy City Manager Thornhill relayed that the Subcommittee, staff, and the applicant met with the Murrieta representatives and addressed the concerns of the Channel Corporation, advising that the following items were agreed to: Lennar Communities and Winchester Properties agreed to allow the imposition of a Transportation Uniform Mitigation Fee (TUMF), if adopted by the County (implemented via the DA); The City of Temecula agreed to pledge a sum equal to a minimum of fifty percent (50%) of the sales tax revenues generated from the Winchester Hilts commercial property that would be dedicated towards the Cherry Street Interchange or the Date/Cherry Streets Corridor (implemented via the resolutions in the Specific Plan). With respect to traffic mitigation in the City of Murrieta, Lennar Communities has agreed to pay the City of Murrieta $603,800 for improvements in the City of Murrieta (implemented via the DA); With respect to the City of Murrieta's review of future traffic studies, the City of Temecula agreed to provide the City of Murrieta with all subsequent traffic studies relating to the project (implemented via the resolutions); and With respect to the Channel Corporation issues, four conditions have been added to the Conditions of Approval for the project which allay the concerns previously expressed, noting that with the inclusion of these conditions, Channell Corporation agrees to withdraw its previous objections to the project (referencing a letter from the Channell Corporation representatives dated August 14, 2001). For Councilman Stone, Deputy City Manager Thornhill advised that the applicant was agreeable to the above-mentioned changes. For clarification, City Attorney Thorson noted that the changes recommended to the Specific Plan by the Planning Commission are attached as Item No. 13 in the agenda packets, and that all of the revisions relating to the issues raised by Channell Corporation and the City of Murrieta are attached as Item No. 22. The Public is Invited to Comment The following individuals spoke as proponents of the project: Mr. Mark S. Bailey Mr. David Neault Mr. Jon Solter Mr. John Dedovesh Ms. Malinda Smith Mr. Greg Morrison Mr. Jack VanHaaster Dr. Robert Wheeler 44763 Calle Banuelos 41877 Enterprise Circle 39400 Canyon Rim Circle 39450 Long Ridge Drive 29705 Solana Way 30727 Loma Linda Road 24641 Washington Avenue 29090 Camino AIba Murrieta representing Temecula Valley Pop Warner R;'~t, linutes\081401 I0 The above-mentioned individuals were in favor of the project for the following reasons: The project design elements supercede alternate developments in the area, setting a new standard for projects. This proposal should be the trendsetter for projects that the County approves. The community's need for the open space and recreational facility provisions. Commended the applicant for the elementary school for Harveston which has already been built prior to project's approval, noting the commitment to the City. Opposed to this project being placed on ballot which would thwart the planning process. The mixture of densities and diverse housing opportunities would be beneficial to the community. The negative traffic impacts in the City of Temecula are primarily generated from areas outside of Temecula. Queried why the City of Murrieta has not requested the County projects to contribute to traffic mitigation and not just projects within the City of Temecula. Commended staff and the City Council for the years of work contributing to this particular proposal. This type of project would perpetuate the wonderful community Temecula is. The infrastructure the developer would be implement. Relayed the residents' desire to have sensible growth, allowing for the continued quality of life, economic viability, and strong business-friendly environment that the community has grown accustomed to, advising that this project goes above and beyond the requirements, exceeding all expectations. Noted opposition to the select few are attempting to sideline the legitimate planning process, requiring certain projects to subscribe to a process that others have not (i.e., placing the project on the ballot). Thanked staff and the City Council Subcommittee members for meeting with representatives from the City of Murrieta to address its concerns, requesting that the Murrieta representatives be involved in the future process of reviewing traffic studies. Relayed that in the future the public will be utilizing public transit, recommending that there be coordinated efforts with the County to develop a transit system. Commending Mr. Bailey for his efforts regarding Pop Warner Football, Councilman Stone noted that there were 8-10 Pop Warner teams practicing at the same time, confirming the need for additional sports fields; and queried how many youths were involved in the program. In response, Mr. Bailey noted that in tackle football there were 485 participants, and 66 involved with flag football. For Naggar, Mr. Neault reiterated that he would be working on the project with respect to the vegetable garden that would be installed at the school site with separate plots for each class; and for Councilman Stone, noted that outside of the School District project he would not be involved in this project's development. In response to Councilman Naggar, Mr. VanHaaster relayed that per the traffic study of Murrieta there would potentially be two additional roads connecting to Temecula (Ynez and Diaz Roads), contingent upon the completion of the Interchange Project; and confirmed that at this time there is no funding designated from the City of Murrieta to contribute to the Interchange Project. Addressing Councilman Naggar's queries, Deputy City Manager Thornhill confirmed that Murrieta's review of future traffic studies related to this project would be included in the resolutions associated for the project, City Manager Nelson providing additional clarification, noting that in subsequent traffic studies, the Public Works Department would have opportunities to comment and make appropriate changes, as necessary, Senior Planner Hogan providing additional information, confirming that if an additional improvements were necessary that the work could be required to be implemented prior to further development. Mayor Pro Tem Roberts commented on the efforts of both the Cities of Murrieta and Temecula to have a specific traffic improvement project designated in hopes of receiving the extension Measure A funding. Reiterating Mr. VanHaaster's comments that he was pleased with the level of cooperation from the City of Temecula, Mayor Comerchero requested that this message be forwarded to the Murrieta City Council, relaying hopes of a renewed era of cooperation between the two Cities. For Councilman Naggar, Dr. Wheeler clarified that mass transit would be required in the future in his opinion, noting that over time driving patterns could be changed. For the record, City Clerk Jones relayed that Ms. Penny Alexander-Kelley, attorney for the Channell Corporation had requested that the City's receipt of her letter dated August 14, 2001, be noted. The following individuals spoke in opposition to the project: (3 Mr. Mark Broderick [] Mr. Carl Ross 45501 Clubhouse Drive 43886 Butternut Drive The above-mentioned individuals were not in favor of the project for the following reasons: Clarified that the applicant did not have discussions with Mr. Broderick, as indicated at the last hearing, although Mr. Broderick did receive information from the applicant's environmental consultant, and did attend a meeting reviewing the Land Use Plan which was abruptly stopped. Noted that over half of the Land Use designations incorporate high-density, small lot housing products which is not appropriate in the City of Temecula. Relayed that the consultant preparing the traffic studies for this project had previously prepared the City of Temecula's 1999 study which was paid for, but not adopted. Noted the City's opposition to the County's high density project, requesting that the City Council be consistent and oppose this project. Objected to the option the developer has to build homes on 2,000 square foot lots in Planning Area Nos. 3, 5, 9, and 11, recommending that this option be eliminated. R;ffvlinutes\081401 12 The Applicant's Rebuttal Mr. Becker addressed the following issues: For Naggar, with respect to the School Agreement, clarified that regarding the elementary school which has been constructed prior to the project's approval, that to the best of his knowledge the applicant would not be able to transfer or sell those credits if this project was not developed. With respect to the Service Commercial portion of the Agreement, noted the applicant's desire to extend this for fifteen years, relaying the delay in being able to initiate development on this property which has been discussed with staff, and in the meetings with the City of Murrieta. Clarified that it was one of the developer's consultants that had communicated with Mr. Broderick (and not the developer, himself), addressing his concerns regarding Land Use considerations. Advised that "quality of life" was a relative term, noting that various individuals were of the opinion that quality of life could be attained with a wide range of homesites which provides homeownership opportunities for a larger range of potential buyers, relaying the efforts to create a quality project. Clarified that the density was not being increased. Noted that while there were minimum square foot homesites allowed in each planning area, that there was also a maximum number of units permitted, ergo if clustering product was implemented there would be additional open space or alternate recreation uses. After additional discussion ensued regarding setting a time limit for the City Council questioning period, it was the general consensus of the City Council (Councilman Naggar noting his opposition) to allow 15 minutes per each Councilmember. Addressing the comments and questions of the City Council, the following information was provided by the applicant's representatives and staff: In response to Councilman Na,qqar's comments, the following data was relayed: Addressing the reference from the newspaper where it was stated that the applicant was willing to stand behind the traffic analysis, Mr. Becker advised that the applicant was prepared to defend this analysis legally. With respect to the traffic study that the City did not adopt which was prepared by the same traffic consultants for this project, Mr. Davis confirmed that much of the same data was incorporated into this project's analysis due to the study being the most recent data for the City at build out; noted that the projections for the Levels of Service (LOSs) indicated were based on a long-range forecast, advising that the study did not include any shift towards transit, or any changes due to additional mitigation measures; confirmed that the original General Plan Circulation Element would render worsened LOSs; and clarified that with all the cumulative impacts of the City (without additional mitigation) the denoted LOSs were anticipated (including a LOS of F and E at specified intersections.) Director of Public Works Hughes relayed that while Caltrans has not approved the Date/Cherry Streets Interchange Project yet, that the Draft Project Study Report had been received and would be circulated for adoption; and noted that October was the estimated date for approval from Caltrans. With respect to parking provisions at the lake, Deputy City Manager Thornhill relayed that staff was satisfied with the provisions based on the size of the facility, advising that if the lake is made accessible to the public, it would most likely necessitate some design changes. Mr. Davis confirmed that Clinton Keith Road was assumed to go through in the full build out analysis. In response to queries regarding the acquisition of off-site property failed to be acquired by the applicant but required for the construction of off-site improvements (denoted in the DA on page 12), City Attorney Thorson confirmed that if the developer cannot acquire the denoted properties, the City would be able to acquire the property for the necessary improvements, advising that it was likely that the project would only go forward if the City acquired the property that the developer was unable to. City Manager Nelson confirmed that with respect to the Development Fee, all of those monies were being utilized for road improvements, confirming that the agreed fee was $1500 per unit. Mr. Becker confirmed that the SMART Shuttle Program Agreement was for a period of two years. Mr. Storm relayed that the lake maintenance would cost approximately $4,000 per month, advising that the City's fifty percent (50%) share would be approximately $2,000. Director of Public Works Hughes relayed that adjustments could be made to the traffic improvement plans as subsequent traffic studies were reviewed to address specific impacts; and clarified that the DA was now requiring that the improvements be installed upfront. In response to Councilman Stone's comments, the followinq information was relayed: Mr. Davis confirmed that if the project was not developed, yet all the improvements associated with the project were implemented, the traffic count would change, somewhat, in the localized project area, but that from 1-2 miles away from the project, the changes in traffic (without the project) would be insignificant, confirming that the deterioration at the intersections was primarily impacted from cumulative effects from outside the City limits; noted that with the Harveston Project implemented and the improvements installed, none of the intersections would be compromised (below a LOS of D) once the project builds out; with respect to Condition No. 47, advising that this condition addressed traffic studies that would be conducted in the future in order for more precise assumptions to be made; and relayed that he has been working as a traffic engineer for over 23 years. For the record, Councilman Stone noted that after reviewing the plans, he was satisfied with the parking provisions at the lake facility, relaying that pedestrian, and bicycle travel should be encouraged. R;~vlJnutes\081401 ]4 With respect to the traffic calming elements viewed in south Orange County, Councilman Stone relayed the desire for assurance that the direction to staff, specifically Fire Department personnel, was to investigate the feasibility of installing these elements due to the ambience created. In response, City Manager Nelson confirmed that staff would be investigating this matter. In response to Councilman Pratt's comments, the followin,q information was relayed: For Councilman Pratt, Mr. Becker relayed that he would be willing to have discussions with other developers to investigate the potential of the private sector working in conjunction with the public sector to provide a public transportation system. In response to Mayor Pro Tem Roberts' comments the followinq information was relayed: Mr. Becker relayed that Lennar Communities would be contributing $300,000 for a shuttle service; and confirmed that within the commitment to the SMART shuttle Program, the applicant would be willing to refine the plan to provide specific school routes, in particular to the middle school. In response to Mayor Comerchero's comments, the following information was relayed: Noting that he served on the Subcommittee that addressed the transportation enhancement program associated with this project, Mayor Comerchero relayed that Mayor Pro Tern Roberts' recommendation could be easily incorporated into the plan, making the shuttles available in the mornings and afternoons for school transport, and maintaining the regular routes during the balance of the day. Mr. Becker advised that per Mayor Comerchero's request, the applicant has agreed to deed in fee the lake, and the Lake Park, to the City, noting the fifty percent (50%) contribution for the lake maintenance from the City, and the balance being maintained by the HOA; and advised that efforts are being made at this time to develop the rules and regulations associated with the lake which would be encompassed in an additional agreement which would be brought before the City Council at a future point in time. Mr. Bill Storm specified the parking provisions at the lake, confirming that these parking areas would not negatively impact any residential homesites. Mr. Becker outlined the infrastructure which would be installed prior to the construction of homes which totals approximately $34 million in public improvements Prior to any Occupancy. The meeting recessed at 9:50 P.M., reconvening at 10:00 P.M. At this time Mayor Comerchero closed the public hearing. The City Council Provided Closin,q Comments Enumerating the elements of the plan that he was pleased with in the Harveston Project Plan, Mayor Pro Tem Roberts relayed that this proposal included the first true Village Concept implementation in Temecula, additionally noting the lake, the Lake Park, the amphitheater, the 52.9 acres of parkland, and the traffic improvements; with respect to R;LMinutes\081401 ] $ the density issue, noted the varied desires in the community, referencing other areas in the community; advised that he could find no negative elements associated with this particular project, relaying his extensive review on the project inclusive of serving on the Subcommittee, additionally, noting the tours to Orange County to visit other Lennar developments; and relayed his support of this project. Noting that he recently read every page of the General Plan, and this particular Development Agreement, Councilman Pratt noted his goal to address a traffic plan which in turn would address all the other issues related to growth, relaying the eight points of his plan, as follows: 1) referenced the General Plan Circulation Element (denoted as Government Code Section 65302 B) which requires the following in circulation elements - a circulation element consisting of the general location and extent of existing and proposed thoroughfares, transport routes, terminals, and other local public utilities and facilities all correlated with the land, 2) the health, safety, and welfare of the citizens are in jeopardy as a result of this period of over eight years of unbalanced execution of the requirements of the General Plan (denoted as California Code Section 65858 A), 3) Temecula is a traffic destination and pass-through area, ergo cumulative traffic mitigation is mandatory, and the present conditions of lack of convenient public transportation is the failure of the City to execute equitable all the elements of the General Plan, 4) no further building permits for further construction permits should be issued until a mandatory approach to traffic mitigation is in place, 5) an alternate choice for convenient public transport should be provided, 6) the citizens need to participate in permanent zero tolerance traffic moving violations with continuing upgrades, 7) the above-mentioned program can be implemented prior to the 2001 Christmas season with the cooperation of staff and the City Council, and 8) noted that he had additional data related to funding sources for this program; concluded that growth was inevitable; noted that this particular project would not have a specific negative general impact if this program was in place; clarified that while he was pleased with this particular project, that to move forward there would need to be plan for a public transit system. Councilman Naggar noted that the difference between this project and other projects was that it would determine whether the City heads toward urban big-city development or maintain a suburban rural atmosphere; commented on the new concepts included in the project, the clustering of homes, the creation of transit nodes, and the Village Center to induce people to walk, advising that he was uncertain whether this type of planning is effective; relayed that he had gone door-to-door to gain the public's input regarding the Harveston Project, noting what while initially the public expressed that they were pleased with the proposal, that after he relayed the proposed lot sizes, and the traffic concerns, that individuals began to query the benefits of this project; relayed his strong reluctance to create a community that looks like the areas residents left, to move here; advised that since these points we his own opinions, he would not be opposed to submitting this project before the voters; clarified that while there were elements in the project that he was pleased with, that in order for him to support the proposal, the plan would need to eliminate lot sizes under 6,000 square feet, the apartment complexes would have to be at a density of 7-12 units per acre, there would need to be a LOS D traffic guarantee, there would need to be a date specific, or a plan, and an identified measure of funding for the Date Street/Cherry Street Interchange Project, the approval of the project would need to be postponed until the County's Traffic Model is revealed in September, the shuttle bus program would need to be extended to five-six years, and the Ynez Road connection would need to go through; and relayed his concern regarding what projects will now not be completed since $1 million from the DA has been dedicated towards the hook offramp. In response to Councilman Naggar's comments that this project was analogous to the upzones in the County that the City has litigated against, Councilman Stone questioned Deputy City Manager Thornhill whether this property was upzoned with this project, in response, Deputy City Manager Thornhill confirmed that this property was not upzoned with this project. Continuing his comments, Councilman Stone clarified that densities have been reduced by eight percent (8%) since he has served on the City Council; noted that this particular developer has already spent $10.5 million on infrastructure, and has committed to $7 million in discretionary funds, relaying his support for the $1 million to be dedicated for the hook ramp on the south side of the 1-15 freeway, additionally, reiterating his recommendation that another $1 million be dedicated for the construction of the overcrossing; advised that he supported the fifty percent (50%) sales tax from the commercial portion of this project being dedicated to the overcrossing project; with respect to the smaller lots permitted in various planning areas, noted the trade-off benefits, inclusive of a lake, an outdoor amphitheater, and parking provisions for 980 cars; opined that staff and the applicant have developed a project plan that the citizens will enjoy and appreciate; relayed the benefits of the diverse range of housing products; addressed this project being placed on the ballot, noting the expertise of the review of the property by staff, the hours the Planning Commission and City Council have spent reviewing the project, advising that the City Council is a body placed in government by the voters to make these decisions after a plethora of investigative review; provided a history of the contributions this property owner has made to the City; referenced Dr. Wheeler's comments, reiterating that it is the City that is going to drive the traffic solutions, not the developer, noting the improvements required with the project; advised that it was critical that the County be held responsible for the cumulative impacts that create significant negative effects on the City, noting his plan to work in conjunction with the City of Murrieta to address the unmitigated growth in the County; enumerated the benefits of this project, inclusive of the pedestrian-orientation, the excellent design elements, and the implementation of the Village Concept; noted appreciation for the applicant's willingness to address and mitigate the concerns of Murrieta as well as Channel Corporation; addressed traffic concerns, reiterating that a traffic study will be conducted with every phase of the project; and relayed his strong support of the project. Noting that the diverse housing products will offer a wide range of varied opportunities, Mayor Comerchero advised that he viewed this element of the plan as a benefit, creating choices for the residents; clarified that the City of Temecuia was suing the County, not for allowing small lot sizes, but for violating its General Plan, ergo negatively impacting Temecula; relayed that he was pleased with the hometown character the design elements associated with this project create; with respect to traffic, opined that the solution lies with addressing regional traffic (i.e., implementing freeway flyers to the Metrolink stations in the northern part of the County, as well as down to San Diego); clarified that the existing traffic conditions will be improved with this project since the improvements will address impacts above and beyond the project's generated traffic; with respect to the funding provided by the applicant to RTA for the shuttle project, noted that this project was a demonstration program, relaying that, if successful, RTA will determine whether, or not, to continue the system and place in RTA's operating budget; opined that this particular project was outstanding, and that the City of Temecuia will be more benefited with its implementation than without it, enumerating the assets associated with this proposal. Reiterating that this was a good project plan, Councilman Pratt emphasized the need for a comprehensive bus system, noting that his plan for mass transit could be implemented by this Christmas season. In response to Councilman Pratt, Councilman Stone relayed that this project should not be made to bear the burden of the regional traffic impacts; and offered a commitment to serve with Councilman Pratt to develop a cost-effective regional comprehensive transportation plan for the City of Temecula, coordinating with the neighboring agencies, if Councilman Pratt would acknowledge the $300,000 contribution of this applicant to initiate a bus system (implemented in part to address Councilman Pratt's concerns), and not hold this developer hostage for impacts outside of this project's influence. Councilman Pratt reiterated the importance to expedite a plan for a mass transit system. For clarification, and in response to Councilman Naggar's queries regarding Councilman Stone's comment that the lake was 20 acres, Deputy City Manager Thornhill noted that the Lake Park was 17.3 acres, and the lake was 8.4 acres. Councilman Naggar noted that per discussions with the bonding agency, the LOS D could be maintained as a standard at the intersections as long as withholding building permits was not for an indefinite period of time. With respect to the motion, City Attorney Thorson noted that there are nine resolutions and ordinances on page nos. 1-4 of the agenda report, relaying that staff's recommendation was to approve those with the changes recommended by the Planning Commission, denoted in Attachment No. 13, the changes to the various documents setforth in Attachment No. 22, and the revised language addressing the TUMF fees which was distributed to the City Council as supplemental agenda material; noted the recommendation to add the 15-year term to the Service Commercial area on the DA; and requested the City Council to take action separately for each recommendation, confirming, for Councilman Stone, that the above-mentioned changes would be part of each resolution and ordinance. MOTION: Councilman Stone moved to approve staff's recommendation with respect to Item 17.1, approving the EIR findings, adopting Resolution No. 01-70. Mayor Pro Tem Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted n_.~o and Councilman Pratt who abstained. MOTION: Councilman Stone moved to approve staff's recommendation with respect to Item 17.2, approving the General Plan Amendment for Harveston, adopting Resolution No. 01-71. Mayor Pro Tern Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted no and Councilman Pratt who abstained. R;~vlinutes\081401 18 MOTION: Councilman Stone moved to approve staff's recommendation with respect to Item 17.3, approving adoption of the Specific Plan, adopting Resolution No. 01-72. Mayor Pro Tem Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted n_9o and Councilman Pratt who abstained. City Attorney Thorson introduced and read by title only Ordinance No. 01-07. MOTION: Councilman Stone moved to approve staff's recommendation with respect to Item 17.4, the introduction and reading by title only Ordinance No. 01-07. Mayor Pro Tern Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted n._~o and Councilman Pratt who abstained. City Attorney Thorson introduced and read by title only Ordinance No. 01-08. MOTION: Councilman Stone moved to approve staff's recommendation with respect to Item 17.5, the introduction and reading by title only Ordinance No. 01-08. Mayor Pro Tern Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted n_9o and Councilman Pratt who abstained. MOTION: Councilman Stone moved to approve staff's recommendation with respect to Item 17.6, approving Tentative Tract Map No. 29639, adopting Resolution No. 01-73. Mayor Pro Tern Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted n_9o and Councilman Pratt who abstained. MOTION: Councilman Stone moved to approve staff's recommendation with respect to Item 17.7, approving Tentative Tract Map No. 29928, adopting resolution No. 01-74. Mayor Pro Tem Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted no and Councilman Pratt who abstained. MOTION: Councilman Stone moved to approve staff's recommendation with respect to Item 17.8, approving Tentative Tract Map No. 29929, adopting Resolution No. 01-75. Mayor Pro Tem Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted n_9o and Councilman Pratt who abstained. MOTION: Councilman Stone moved to approve staff's recommendation with respect to Item 17.9, approving Tentative Tract Map No. 30088, adopting Resolution No. 01-76. Mayor Pro Tem Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Naggar who voted n_go and Councilman Pratt who abstained. 18 Planninq Application No. 01-0121 (5th One-Year Extension of Time-Appeal) Tentative Tract Map No. 23209 (located east of the intersection of La Serena Way and Walcott Lane alonq Butterfield Sta,qe Road) RECOMMENDATION: 18.1 Withdraw the appeal of Condition of Approval No. 33. Mayor Comerchero noted that the applicant has withdrawn his appeal, ergo this item would be removed from the agenda. R;'~linutes\081401 COUNCIL BUSINESS 19 Prima Facie Speed Limit on Cedain Streets (Temeku Hills) RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.44.010 TO THE TEMECULA MUNICIPAL CODE DESIGNATING HONORS DRIVE FROM MARGARITA ROAD TO TEE DRIVE AND TEMEKU DRIVE FROM TEE DRIVE TO LA SERENA WAY AS ROADS ON WHICH GOLF CARTS ARE PERMITTED PURSUANT TO VEHICLE CODE SECTION 21115 AND SETTING THE SPEED LIMIT THEREON 19.2 Adopt an urgency ordinance entitled: ORDINANCE NO. 01-10 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.44.010 TO THE TEMECULA MUNICIPAL CODE DESIGNATING HONORS DRIVE FROM MARGARITA ROAD TO TEE DRIVE AND TEMEKU DRIVE FROM TEE DRIVE TO LA SERENA WAY AS ROADS ON WHICH GOLF CARTS ARE PERMITTED PURSUANT TO VEHICLE CODE SECTION 21115 AND SETTING THE SPEED LIMIT THEREON Director of Public Works Hughes presented the staff report (of record), highlighting the three objectives of this action item, as follows: 1) to establish a legal, enforceable speed limit on Temeku Drive and Honors Way, 2) to perfect the street designations within the Temeku Hills Project in conformance with the California Vehicle Code which will allow golf carts to use these particular streets, and 3) to establish rules and regulations to govern the use of these roads by golf carts; provided a brief history of the development which was originally proposed as a private gated community; advised that the streets have recently been accepted into the City for maintenance purposes; noted the speed surveys conducted in this area; relayed that the Public/Traffic Safety Commission recommended that the speed limit be posted at 35 MPH, which staff supports; noted that various residents had expressed a desire for a speed limit of 25 MPH (although this would be below the 85th percentile of speeds traveled in this area) based on the Vehicle Code which allows for the use of golf carts on public streets once the streets have been designated; advised that per discussions with City Attorney Thorson, it has been relayed that the City Council can set the lower speed limit, if desired; and clarified staff's recommendation to set the limit at 35 MPH, and to re-stripe the streets in order to provide areas for only golf cart use, specifying the concern of staff at setting the speed R;~'vlinutes\081401 20 limit at 25 MPH, which could render a worsened condition due to the speed not being reasonable, citing examples in alternate cities. Dr. Mark Wedel, 41522 Temeku Drive, presented a PowerPoint presentation, providing data related to the desire to establish a reasonable speed limit which would be enforceable; highlighted the history of the development, the current speeds of vehicles driven in this area; and recommended establishing a 25 MPH speed limit throughout Temeku Hills, to have the Neighborhood Enforcement Team (NET) posted in this area, and to install stop signs. Thanking the City Council for its contributions to the community, Mr. Bill Miner, representing the Temeku Hills Masters Association, reiterated that this development was approved as a golf car community; and opined that these particular streets were not designed to accommodate traffic traveling at 35 MPH, advising that the speed limit should be posted at 25 MPH as mandated by the Vehicle Code for a golf cart designated community. Mr. Jim Dent, representing the Temeku Hills Master Association, relayed his concern with respect to safety due to the school bus drop-off areas, and the near-blind intersections; and supported the recommendation to establish a 25 MPH speed limit. MOTION: Noting his support of the residents' desire to establish a 25 MPH speed limit, Councilman Stone moved to close the public hearing; to direct the NET Qfficers to this area, and to provide a one-week warning time for residents (with placement of the radar trailer) prior to the issuance of citations; and to approve the introduction of Ordinance No. 01-09. subject to a 25 MPH speed limit being established. Mayor Pro Tem Roberts seconded the motion. (Ultimately this motion passed; see page 22.) The City Council commented on its support of establishing a 25 MPH speed limit in this area, Mayor Comerchero suggesting that since there was only a small portion of the Temeku Hills residents present, that in 12 months, that a citizen survey be conducted in order to determine whether the majority of residents were desirous of maintaining the 25 MPH speed limit. Councilman Stone, echoed by Mayor Pro Tem Roberts, relayed that due to the HOA representatives being present, and the safety issues at hand he would not be in favor of conducting a survey in 12 months. For clarification, City Attorney Thorson noted that while this area has always been designated as a golf cad area, it did not have the findings required by the Vehicle Code, nor the rules and regulations, ergo it was determined that these findings should be clarified which will aid in enforcement; and specified that the recommendation was for the adoption of two ordinances, one an urgency ordinance, in order to expedite the enforcement of the speed limit. For Councilman Naggar, Director of Public Works Hughes noted that the City Council's action included designation of a portion of the roadway being set aside for golf carts only. City Attorney Thorson introduced and read by title only Ordinance No. 01-09, specifying that the speed limit be designated at 25 MPH. At this time voice vote was taken reflecting unanimous approval of the motion (as denoted on page 22.) City Attorney Thorson read by title Ordinance No. 01-10 into the record, specifying that the speed limit would be designated at 25 MPH. MOTION: Councilman Stone moved to adopt Ordinance No. 01-10. Mayor Pro Tem Roberts seconded the motion and voice vote reflected unanimous approval. 20 Amendment to City Commissioners Compensation RECOMMENDATION: 20.1 Adopt an urgency ordinance entitled: ORDINANCE NO. 01-11 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY COMMISSIONERS 20.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY COMMISSIONERS City Attorney Thorson read into the record, by title only Ordinance No. 01-11. MOTION: Mayor Pro Tem Roberts moved to adopt Ordinance No. 01-11. The motion was seconded by Councilman Naggar and voice vote reflected unanimous approval. City Attorney Thorson read into the record, by title only Ordinance No. 01-12. MOTION: Mayor Pro Tem Roberts moved to approve the introduction and of Ordinance No. 01-12. The motion was seconded Councilman Naggar and voice vote reflected unanimous approval. R;\Minutes\081401 22 21 Appointment of State Lobbyist Ad Hoc Advisory Group RECOMMENDATION: 21.1 Appoint one to two members to serve as an ad hoc advisory group in assisting the selection of a State Lobbyist to represent the interests of the City of Temecula in Sacramento. MOTION: Mayor Pro Tem Roberts moved to appoint Councilman Stone and Councilman Naggar to serve on this particular ad hoc advisory group. Mayor Comerchero seconded the motion and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT No comments, CITY ATTORNEY'S REPORT City Attorney Thorson reported that the City Council provided direction with respect to the existing litigation; and with respect to the matter involving the County, advised that the City Council provided authorization to file litigation against the County of Riverside and Overland Associates, noting that the vote had been unanimous. ADJOURNMENT At 11:38 P.M., Mayor Comerchero formally adjourned the City Council meeting to Tuesday, August 28, 2001 at 7:00 P.M. in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R;~Minutes\081401 23 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST 28, 2001 The City Council convened in Open Session at 7:00 P.M., on Tuesday, August 28, 2001, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Closed Session commended at 6:30 P.M. Present: Absent: PRELUDE MUSIC Councilmembers: Naggar, Pratt, Roberts, Stone, Comerchero Councilmember: None The prelude music was provided by Yvonne Cloutier. INVOCATION The invocation was given by Pastor Ted Miller of CrossRoads Church. ALLEGIANCE The salute to the Flag was led by Cub Pack No. 302. PRESENTATIONS/PROCLAMATIONS Internet GIS Mappinq Application Presentation GIS Administrator DeGange and GIS Analyst Beal, by way of a PowerPoint presentation, provided an overview of the functions of GIS; advised that GIS is accessible through the City's Web site; and commented on the City's goal to implement GIS on all emergency response vehicles. Mr. Jonathan Corebridge, representing ESRI, further commented on the functions/benefits of GIS and commended Mr. DeGange and Ms. Beal on a job well done. Temecula Fire Explorer Post Accomplishments for FY 2000/01 City Fire Chief Windsor introduced Fire Fighter II Nachtmann who, in turn, provided an overview of the Explorer Post's accomplishments for 2000-02 and thanked the City Council for its continued support. PUBLIC COMMENTS A. Mr. Roger English, 29683 Stonewood Road, commended the City Council on its efforts with regard to the installation of a traffic signal at Margarita Road and Stonewood Road. As a previous City Councilman and Planning Commissioner of a City in Ohio, Mr. English relayed that city's success with the elimination of off-street overnight parking, commenting on the excessive amount of street parking on Stonewood Road. R:\Minutes\082801 1 B. Shanneylee Baker, expressed her opposition to the Winchester to Temecula Corridor (5a and 5b) as proposed by Riverside County. For Councilman Naggar, Ms. Baker confirmed that the County of Riverside announced at a workshop meeting that the proposed corridor will function as a freeway. In response to Mr. Naggar, City Manager Nelson advised that City staff has been tracking the CETAP process and that information will be obtained and forwarded to the City Council with regard to Ms. Baker's comments. Although additional roadways such as Butterfield Stage Road are necessary in order to address future transportation needs, Mayor Pro Tem Roberts relayed his opposition to 5a and 5b; noted that this is a County-driven process - one which has been accelerated; and confirmed that the City has the same concerns as the residents. C. The following individuals echoed concerns raised by Ms. Baker: · Mr. Edward Cowan · Ms. Renee Juarez · Ms. Maria Mendoza · Mr. Dave Larson · Ms. Michelle Anderson · Ben Duysings 32202 Corte Carmela 32883 Fermo Court 32882 Verona Court 32831 Fermo Court 43797 Bareltta Street 32849 Verona Court Issues of concern, as noted by the above-mentioned individuals, are as follows: · Lowering the quality of life · Lowering the standards of the City of Temecula · Safety · Health · Noise pollution · Detriment tothe surrounding habitats · Decreased property value In closing, clarification was provided by Public Works Director Hughes with City Manager Nelson advising that those individuals that addressed the City Council this evening would be contacted once additional information has been received from the County. CITY COUNCIL REPORTS A. Councilman Pratt shared his RTA experience while traveling to Riverside, leaving the City at 10:00 A.M. and returning at 7:00 P.M. B. With regard to the residents' concern with County-proposed Corridors 5a and 5b, Mayor Pro Tem Roberts noted that no funding has been allocated for the proposed corridors and advised that the location of the proposed corridors within an area where the City would be desirous of creating an urban limit. C. Reiterating that the proposals for corridors 5a and 5b are County-driven, Councilman Stone expressed concern with the lack of communication between RCTC staff and the RCTC Board, noting that Mayor Pro Tem Roberts, as a Board member, has not been apprised of the County's desire to proceed with 5a and 5b and reassured the community that the City Council opposes the construction of such corridors in its rural areas. R:~Vlinutes\082801 2 By way of pictures, Councilman Stone commented on the need to complete the Pala Corridor, a project which has been funded, but noted that the future of the construction of this corridor depends on the development of Wolf Creek and, therefore, encouraged the proponents of the potential appeal to not file the appeal and to meet with Wolf Creek and Pechanga Tribe representatives. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution Approving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 01-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Parcel Map No. 29132 (located at the southwest corner of State Hi,qhwa¥ 79 and Avenida De Missiones) RECOMMENDATION: 3.1 Approve Parcel Map No. 29132 in conformance with the conditions of approval; 3.2 Approve the Subdivision Improvement Agreement; 3.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. 4 Substitute Agreements and Bonds for Public Improvements in Parcel Map No. 29895 (south of Dendy Parkway, east of Winchester Road, and north of Remin~qton Avenue) RECOMMENDATION: 4.1 Accept the Substitute Labor and Material Bond for Parcel Map No. 30044, a subdivision of Parcel Map No. 29895; 4.2 Authorize release of the Labor and Material Bond for Parcel Map No. 29895; 4.3 Direct the City Clerk to so advise the developer and surety. R:\Minutes\082801 3 5 Award of Construction Contract for Fiscal Year 2001-2002 Street Striping Pro,qram - Project No. PW01-12 RECOMMENDATION: 5.1 Approve the Plans and Specifications for the Fiscal Year 2001-2002 Street Striping Program, Project No. PW01-12; 5.2 Award a construction contract for the Fiscal Year 2001-2002 Street Striping Program, Project No. PW01-12 to C-18, Inc. in the amount of $173,020.59 and authorize the Mayor to execute the contract; 5.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $17,302.06, which is equal to 10% of the contract amount. 6 Roripau,qh Specific Plan- Status Report RECOMMENDATION: 6.1 Receive and File. (Written communication with regard to this item was received from Mr. Mike Knowlton.) 7 Second Readinq of Ordinance No. 01-07 (Zonin,q Standards for Harveston Specific Plan) RECOMMENDATION: 7.1 Adopt an ordinance entitled: ORDINANCE NO. 01-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ZONE CHANGE, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA, AMENDING SECTION 17.16.070 OF THE TEMECULA MUNICIPAL CODE, AND ADOPTING ZONING STANDARDS FOR THE HARVESTON SPECIFIC PLAN NO. 13 ON PARCELS TOTALING 550 ACRES LOCATED ADJACENT TO INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT (PLANNING APPLICATION 99-0245) (Councilman Naggar voted no with regard to this Item and Councilman Pratt abstained.) 8 Second Readinq of Ordinance No. 01-08 (Development Aqreement with Lennar Communities) RECOMMENDATION: 8.1 Adopt an ordinance entitled: R:'uMinutes\082801 4 ORDINANCE NO. 01-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND LENNAR COMMUNITIES AND WINCHESTER HILLS I LLC" FOR THE HARVESTON SPECIFIC PLAN AREA (PLANNING APPLICATION NO. 99-0446) (Councilman Naggar voted no with regard to this Item and Councilman Pratt abstained.) 9 Second Readinq of Ordinance No. 01-09 (Speed Limits within Temeku Hills) RECOMMENDATION: 9.1 Adopt an ordinance entitled: ORDINANCE NO. 01-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.44.010 TO THE TEMECULA MUNICIPAL CODE DESIGNATING HONORS DRIVE FROM MARGARITA ROAD TO TEE DRIVE AND TEMEKU DRIVE FROM TEE DRIVE TO LA SERENA WAY AS ROADS ON WHICH GOLF CARTS ARE PERMITTED PURSUANT TO VEHICLE CODE SECTION 21115 AND SETTING THE SPEED LIMIT THEREON 10 Second Readin,q of Ordinance No. 01-12 (Commissioner Compensation) RECOMMENDATION: 10.1 Adopt an ordinance entitled: ORDINANCE NO. 01-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY COMMISSIONERS MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 10. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected approval with the exception of Councilman Naggar who voted no with regard to Consent Calendar Item Nos. 7 and 8 and Councilman Pratt who abstained with regard to Consent Calendar Item Nos. 7 and 8. At 8:08 P. M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency and at 9:10 P.M. resumed with regularly scheduled City Council business. R:\Minutes\082801 5 COUNCIL BUSINESS 11 Temecula Transit A,qency for Traffic Mitigation Presentation RECOMMENDATION: 1t.1 Receive the presentation and report by Councilman Pratt and provide direction to City Staff. By way of PowerPoint, Councilman Pratt proceeded with his presentation. It was the consensus of the City Council to receive and file Councilman Pratt's presentation. 12 Prima Facie Speed Limit on Cedain Streets (Meadows Parkway) RECOMMENDATION: 12.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON MEADOWS PARKWAY BETWEEN LA SERENA WAY AND RANCHO CALIFORNIA ROAD Public Works Director Hughes presented the staff report (as per agenda material). City Attorney Thorson introduced and read by title only Ordinance No. 01-13. MOTION: Councilman Naggar moved to introduce Ordinance No. 01-13. The motion was seconded by Mayor Pro Tern Roberts and voice vote reflected unanimous approval, DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No comment. CITY ATTORNEY'S REPORT City Attorney Thorson advised that there were no reportable actions to report from Closed Session. R:\Minutes\082801 6 ADJOURNMENT At 9:24 P.M., the City Council meeting was formally adjourned to Tuesday, September 11, 2001, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\082801 7 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL SEPTEMBER 11, 2001 The City Council convened in Open Session at 7:01 P.M., on Tuesday, September 11, 2001, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The scheduled Closed Session Items were cancelled. Present: Councilmembers: Naggar, Pratt, Roberts, Stone, Comerchero Absent: Councilmember: None PRELUDE MUSIC The prelude music was provided by Eve Craig. INVOCATION The invocation was given by Rabbi David Barnett of Co Pastor Steve Struikmans of Rancho Community Church Church of Jesus Christ of Latter Day Saints. ALLEGIANCE The salute to the Flag was led by Mayor Pro Tem Roberts. City Clerk Jones sang for the City Council and audienc~ America. ~gregation B'Nai Chaim of Murrieta, and Bishop Kevin Osborne of the members in attendance God Bless In light of today's tragedies, Mayor Comerchero advised that he has met with staff to discuss emergency preparedness; that emergency procedures are lin place; that at this time of grief, the City must stand united and provide strong leadership; and t'hat although the City Council choose to meet this evening, the meeting will be modified. PRESENTATIONS/PROCLAMATIONS Boys and Girls Club Presentation This matter was taken off calendar. PUBLIC COMMENTS A. Pastor Greg Sidders of Sunridge Community Churcl relayed the importance of the community praying together during this time of tragedy and advised that a Community-wide Prayer Meeting has been coordinated by several churches in the Valtey for Wednesday, September 12, 2001, at 6:30 P.M., at the Community Recreation Center amphitheater and invited all to attend. / B. Mr. Wayne Hall, 27715 Jefferson Avenue, representing the American Red Cross, commented on the need for blood during this time of tragedY/, noting that Blood Drive efforts are being coordinated and that donations are as well welcomed! R:~linutes\091101 C. Mr. Bob Newsom, 28910 Rancho California Road, ~104, informed the City Council that he is a pro-growth advocate and questioned where the Cityis children will live when they grow up if this City were to impose a moratorium and commented on the impact such action would have on the need for more jobs within the City. CI.~ COUNCIL REPORT~ A. Advising that earlier in his life he was a structural lengineer, Councilman Pratt advised that he had visited the World Trade Centers while they were under construction and displayed a fact sheet with regard to the buildings and noted that he ~,ould be happy to provide a copy to whoever wished to have one. CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedur RECOMMENDATION: ordnances and 1.1 Motion to waive the reading of the text of all agenda. resolutions included in the 2 Resolution Approving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 01-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of July 31, 2001 RECOMMENDATION: 3.1 Receive and file the City Treasurer's Report as ~f July 31, 2001. Financial Statements for the fiscal year endinq June 30, 2001 RECOMMENDATION: 4.1 Receive and file the Financial Statements for th~ 4.2 Approve an appropriation of $162,000 to the sal the General Fund; 4.3 Approve an appropriation of $79,000 in the Fund. R:\Minutes\091101 2 ; fiscal year ended June 30, 2001; .~s tax reimbursement line item in ~,ttorney line item in the General 5 Mobile Mapping/First Response RECOMMENDATION: 5.1 Approve the three-phase Mobile Mapping/First Response software license and maintenance support purchase from Plant Equipment for a total amount of $72,414; / 5.2 Approve the appropriation of funds in the amoulnt of $109,864 for the purchase of software from Plant Equipment and hardware to be purchased with a separate RFP. Acceptance of a Park Improvement Bonds and Agreement for Park Site A in the Crowne Hill Development RECOMMENDATION: 6.1 Accept the agreement and surety bonds from rowne Meadows, L.P., a Washington limited partnership to develop Park Site A in th~ Crowne Hill Development. Acceptance of certain public streets into the City-Maintained Street System within Tract Map No. 23371-6 (located north of Rancho California RoaS, east of Margarita Road, and south of Honors Drive, and within the Marqarita Villaqe SpeSific Plan No. 199 -Temeku Hills Subdivision) RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 1-79 8 R:\Minutes\091101 A RESOLUTION OF THE CITY COUNCI,I_ OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUB,LIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM WITHIN TRACT MAP NO. 23371-6) Acceptance of certain public streets into the City-Maintained Street System within Tract M2,n No. 23371-7 {located north of Honors Drive, east of Margarita Road, and south of the Metropolitan Water District Fee Ri.qht-of-Way, and within the Marqarita Villaqe Specific Plan No. 199- Temeku Hills Subdivision) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. (~ 1-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUB,LIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM WITHIN TRACT MAP NO. 23371-7) 3 9 / Acceptance of certain public streets into the City-Maintained Street System within Tract Map No. 24182-1(located north of State Hi.qhway 79 South', east of Campanula Way, south of DePortola Road, west of Butterfield Sta.qe Road, and ~vithin the Paloma Del Sol Specific Plan No. 219 in the Paseo Del Sol Subdivision}. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. ( 1-81 A RESOLUTION OF THE CITY COUNCI,L OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTi=M WITHIN TRACT MAP NO. 24182-1) of 10 Parcel Map No. 30208 (located on the northwest corner Overland Drive and Margarita Road) RECOMMENDATION: 10.1 Approve Parcel Map No. 30208 in conformanc~ with the conditions of approval; , I 10.2 Approve the Subdivision mprovement Agreement and accept the Faithfu~ Performance and Labor and Materials Bond as 10.3 Approve the Subdivision Monument Agreemenl security for the agreement. 11 Authorize Temporary Street Closures for Temecula Fall security for the bond; and accept the Monument Bond as Rod Run 2001 Event in Old Town (Old Town Front Street between Moreno Road and S~cond Street and other related streets) RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 1-82 R:\Minutes\091101 A RESOLUTION OF THE CITY COUNCI,I_ OF THE CITY OF TEMECULA, CALIFORNIA, AUTHO, RIZING STREET CLOSURES FOR TEMECULA FALL RO,D RUN 200'1 EVENT AND AUTHORIZING THE CITY ENGIN, EER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT ! 12 Clean Cities Memorandum of Understandin.q (MOU) Re~newal RECOMMENDATION: 12.1 Approve the Memorandum of Understanding (MOU) renewal between the City of Temecula and Southern Cahforma Association of Governments (SCAG) regarding the participation in the Clean Cities Program. 4 13 Comment Letter on the Riverside County Circulation Et!ment RECOMMENDATION: 13.1 Approve the comment letter for transmittal to th Commission and Board of Supervisors. (Continued to the September 25, 2001, City Court( Riverside County Planning il meeting.) 14 Comment Letter on the Domeniqoni-Barton Specific Pb No. 310 RECOMMENDATION: R 14.1 Approve the comment for transmittal to the iverside County (Continued to the September 25, 2001, City Counclil meeting.) 15 Award of Contract for P.C. Workstations and Appropriation for Additional Telephone Equipment RECOMMENDATION: 15.1 Award a contract for Pentium-based computer orkstations to Think! Computer Products of Irvine, California, in the amount of $139,054.75; .I 15.2 Appropriate $40,000 from Development ImpactlFees - Corporate Facilities that will include $22,482 for the purchase of additional telephone equipment. Planning Commission. 16 Award of Contract for HP Procurve Network Switches RECOMMENDATION: 16.1 Award a contract for HP Procurve Network Swil ches to Sys Technology, Inc. of Cypress, California, in the amount of $35,672.30. / 17 Community Services Grant Agreement with the TemecJla Sister City Association RECOMMENDATION: 17.1 Approve a Community Services Grant AgreemE Association in the amount of $10,000 for fiscal 18 Second Reading of Ordinance No. 01-13 (Prima Facie RECOMMENDATION: 18.1 Adopt an ordinance entitled: R:\Minutes\091101 nt with the Temecula Sister City 'ear 2001-02. ~peed Limit on Meadows Parkway) 5 ORDINANCE NO. 01-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10128.01(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FAClE SPEED LIMIT ON MEADOWS PARKV~AY BETWEEN LA SERENA WAY AND RANCHO CALIFORNIA ROAD I I d I MOTION: Councilman Naggar moved to approve Consent ~Ca en ar tern Nos. 1 - 12 and 15 - 18 (item Nos. 13 and 14 were continued to the September 25, 2001, City Council meeting). The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. At 7:23 P. M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency and at 7:25 P.M. resumed with regularly scheduled City Council business. PUBLIC HEARING 19 Development Code Amendment (Planning Application o. 01-0120 - non profit- clubs and lodge meetinq halls, compact parking spaces, courte§y curbs, temporary signa,qe, minimum lot area, and commercial building offsets) RECOMMENDATION: 19.1 Introduce and read by title only an ordinance er ~titled: ORDINANCE NO. 01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 81 AND 17 OF THE TEMECULA MUNICIPAL CODE TO MAK,E TYPOGRAPHICAL AND OTHER MINOR CHANGES TO '[HE DEVELOPMENT CODE (Continued to the September 25, 2001, City Cou cil meeting.) COUNCIL BUSINESS 20 Butterfield Stage Road/CETAP Corridor RECOMMENDATION: 20.1 Receive and file the report. (Continued to the September 25, 2001, City Coul icil meeting.) 21 Appointment of Members to the General Plan Community Advisory Committee RECOMMENDATION: 21.1 Adopt a resolution entitled: R:\Minutes\091101 6 RESOLUTION NO. 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CREATING THE GENERAL PLAN COMMUNITY ADVISORY COMMITTEE AND SETTII~IG FORTH THEIR DUTIES AND TERMS 21.2 Appoint the remaining members of the General Committee. (Continued to the September 25, 2001, City Cou~ 22 Future City Hall Site Selection RECOMMENDATION: 22.1 Appoint an ad hoc committee to participate in City Hall; 22.2 Provide direction to staff to prepare a Request for Qualification consultant to lead this selection process. (Continued to the September 25, 2001, City Corn MOTION: Councilman Stone moved to continue Agenda 25, 2001, City Council meeting. The motion was secondec~ vote reflected unanimous approval. Plan Community Advisory ~cil meeting.) e site selection process for a future (RFQ) to hire a icil meeting.) .~m Nos. 19 - 22 to the September by Councilman Naggar and voice 23 Consideration of an Interim Fire Station - Southside of Temecula RECOMMENDATION: 23.1 Oral presentation to be provided by Counciima~ Stone. / As a result of the Wolf Creek appeal by Mr. Pedersen, et al! Councilman Stone advised that it may be years until the permanent fire station would be builtl expressed concern that currently the 5*minute response time is consistently not being met; that the newly annexed Vail Ranch residents as well as the Rainbow Canyon residents deserv~ the same level of service as all other residents; that he committed to the construction of an 2001 and, therefore, is requesting an emergency allocation amount of $250,000; and that the City Manager be granted the preparation of the site. For Councilman Naggar, it was noted that the needed app~ interim fire station by November 1, from General Fund Reserves in the the approval to move forward with ratus for the fire station is available. MOTION: Councilman Stone moved to proceed with establishing the interim fire station; to bring forth an interim fire station work plan at the September 25, 2001, City Council meeting; to identify sites, cost of constructing a temporary facility, and cost of operations and maintenance; to appropriate the additional funds and support the ~n~bal appropriation of $250,000; and to direct the City Manager to send a letter to the County Fire Chief authorizing the County to begin R:\Minutes\091101 7 recruitment necessary for the interim station. The motion was seconded by Mayor Pro Tern Roberts and voice vote reflected unanimous approval. Mayor Comerchero noted that the site of the interim fire station will be converted into a park once the permanent fire station has been constructed. Cty F re Ch ef W ndsor conf rmed that staff ng for the nter m f re stat on wou d be available by November 1, 2001. CITY MANAGER'S REPORT No comment. CiTY ATTORNEY'S REPORT No comment. ADJOURNMENT At 7:31 P.M., the City Council meeting was formally adjourned to Tuesday, September 25, 2001, at 7:00 P.M., in the City Council Chambers, 432~0 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, CMC City Clerk [SEAL] Jeff Comerchero, Mayor R:~t4inutes\091101 8 ITEM 3 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCI~ OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: / Section 1. That the following claims and demandsaIs 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 $2,577,800.89. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 23rd da!, of October, 2001. ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:/Resos2001/Resos 01- Jeff Comerchero, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resotution No. 01- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 23rd day of October, 2001 by the following roll call vote: AYES: NOES: ABSENT: R~Resos2OO1/Resos 01- COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk CITY OF TEMECULA LIST OF DEMANI~S 10/04/01 TOTAL CHECK RUN: 10/11/01 TOTAL CHECK RUN: 10/23/01 TOTAL CHECK RUN; 10/11/01 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR ~10123101 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 192 193 194 210 280 3OO 320 330 340 GENERAL FUND RDA DEV-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL IMPROVEMENT PROJ. FUND REDEVELOPMENT AGENCY-CIP INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES 100 165 190 192 193 194 28O 3OO 320 330 34O GENERAL FUND RDA-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D REDEVELOPMENT AGENCY~CIP INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: PREPARED BY JADA YONKER, ACCOUNTING SPECIALIST GENIE ROBERTS, DIRECTOR OF FINANCE SHAWN NELSON, CITY MANAGER $ 181,841.87 376,921.60 1,781,414.67 237,622.75 $ 2,577,800,89 791,340.86 15,173.56 154,617.37 33,990.63 48,496.71 425.35 1,175,440.80 84,879.70 1,469.26 13,679.38 3,034.27 17,630.25 171,344.03 4,078.54 41,578.56 61.56 3,175.20 523.12 2,082.57 852.37 7,662.93 237,622.75 $ 2,577,800.89 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THA' THE FOLLOWING IS TRUE AND CORRECT. CITY OF TEMECULA LIST OF DEMANDS 10/04/01 TOTAL CHECK RUN: 10/11/01 TOTAL CHECK RUN: 10/23/01 TOTAL CHECK RUN: 10/11/01 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 10/23/01 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 165 RDA DEV-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL iMPROVEMENT PROJ. FUND 280 REDEVELOPMENT AGENCY-ClP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 100 GENERAL FUND 165 RDA-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 REDEVELOPMENT AGENCY~CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: iPREPARE/~N~ING SPECIALIST SHAWN NELSON, CITY MANAGER 791,340.86 15,173.56 154,617.37 33,990.63 48,496.71 425.35 ,175,440.80 84,879.70 1,469.26 13,679.38 3,034.27 17~630.25 $ 171,344.03 4,078.54 41,578.56 61.56 3,175.20 523.12 2,082.57 852.37 7,662.93 1,809.07 4,454.80 2,577,800.89 181,841.87 376,921.60 1,781,414.67 237,622.75 2,577,800.89 237,622.75 HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 10/04/01 0§:57 CITY OF TEMECULA VO~JCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 71,910.25 165 RDA DEV- LOU/MOD SET ASIDE 4,783.07 190 COMMUNITY SERVICES DISTRICT 12,234.26 192 TCSD SERVICE LEVEL B .76 193 TCSD SERVICE LEVEL C 863.24 194 TCSD SERVICE LEVEL D 13.81 210 CAPITAL IMPROVEMENT PROJ FUND 67,324.70 280 REDEVELOPMENT AGENCY - CIP 5,096.74 300 INSURANCE FUND 9.71 320 INFORMATION SYSTEMS 5,175.08 330 SUPPORT SERVICES 1,162.67 340 FACILITIES 13~267.58 TOTAL 181,841.87 PAGE 9 VOUCHRE2 10/04/01 08:57 VOUCHER/ CHECK CHECK NUMBER DATE 72255 10/04/01 72256 10/04/01 72257 10/04/01 72258 10/04/01 72259 10/04/01 72259 10/04/01 72259 10/04/01 72260 10/04/01 72261 10/04/01 72262 10/04/01 72263 10/04/01 72264 10/04/01 72264 10/04/01 72265 10/04/01 72265 10/04/01 72265 10/04/01 72265 10/04/01 72266 10/04/01 72267 10/04/01 72267 10/04/01 72267 10/04/01 72267 10/04/01 72267 10/04/01 72268 10/04/01 72268 10/04/01 72269 10/04/01 72270 10/04/01 72271 10/04/01 72272 10/04/01 722}~3 10/04/01 72274 10/04/01 72274 I0/04/01 CITY OF TEMEOULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM NUMBER NAME DESCRIPTION 000745 A T & T WIRELESS SERVIC CELLULAR PHONE SVCS:POLICE ACCOUNT NUMBER )PT 001-170-999-5208 004524 ABSOLUTE ASPHALT INC ASPHALT MATERIAL:PW MAINT CREW 001-164-601-5218 000434 ACCELA.COM DBMS ASSIST:REVERSE DATAMO¥ 003304 ADAMS ADVERTISING INC BILLBOARD CHG-OUT:ROD RUN 002B77 ALTA LOMA CHARTER LINES CHARTER BUS:BOWER~S MUSEUM 002877 ALTA LOMA CHARTER LINES ADDITIONAL HOURS 002877 ALTA LOMA CHARTER LINES P.U.C. TAC 320-199-999-5250 280-199-999-5362 190-183-999-5350 190-183-999-5350 190-183-999-5350 003706 AMBIENT AVL INC 001375 AMERICAN CONSTRUCTION 004022 AMERICAN MINI STORAGE, OLD TWN SOUND SYS:SVC CONTRACT 001-164-603-5250 MEMBERSHIP DUES:ARMSTRONG,DOUG 001-163-999-5226 OFF-SITE STORAGE RENTAL:Fl05 001-162-999-5234 000936 AMERICAN RED CROSS LEARN TO SWIM CERTIFICATES 190-186-999-5261 000101 APPLE ONE~ INC. 000101 APPLE ONE, INC. 001323 ARROWHEAD WATER INC 001323 ARROWHEAD WATER INC 001323 ARROWHEAD WATER INC 001323 ARROWHEAD WATER INC TEMP HELP W/E 09/08 SMITH/WYTR 001-162-999-5118 TEMP HELP W/E 09/15 SMITH/WyTR 001-162-999-5118 BOTTLED WATER:TEM VLY MUSEUM 190-185-999-5250 BOTTLED WATER:MNTC FAC 340-199-702-5250 BOTTLED WATER:CRC 190-182-999-5250 BOTTLED WATER:CITY RALL 340-199-701-5250 002648 AUTO CLUB OF SOUTHERN C MEMBERSHIP:M. MUNOZ 25868902 190-180-999-5214 000622 BANTA ELECTRIC-REFRIGER 000622 BANTA ELECTRIC-REFRIGER 000622 BANTA ELECTRIC-REFRIGER 000622 BANTA ELECTRIC-REFRIGER 000622 BANTA ELECTRIC-REFRIGER 002541 BECKER CONSTRUCTION SRV 002541 BECKER CONSTRUCTION SRV 002377 BEST BUY COMPANY INC 003817 BLUE RIDGE MEDICAL 004176 BROADWING 004225 BURL SLONE COUNTRY MUST 002534 CATERERS CAFE 001193 COMP U S A INC 001193 COMP U S A INC ELECTRICAL SVCS:CRC ELECTRICAL SVCS:MNTC FAC ELECTRICAL SVCS:CITY HALL ELECTRICAL SRVCS:FIRE STN ELECTRICAL SVCS:CRC 190-182-999-5212 340-199-702-5212 340-199-701-5212 001-171-999-5212 190-182-999-5212 CHANNEL REPAIRS:YNEZ RD@PRE!CE 001-164-601-5401 RIBBON BARRIER REPAIR:YNEZ RD 001-164-601-5402 EE COMPUTER PRGM:MARIO MUNOZ 001-1175 PARAMEDIC SQUAD SUPPLIES:FIRE 001-171-999-5311 LONG DISTANCE & INTERNET SVCS 320-199-999-520B ENTERTAINMENT:SUMMER NGTS 9~21 280-199-999-5362 REFRESHMENTS:COMM DEVEL MTG 001-161-999-5260 MISC COMPUTER SUPPLIES:INF SYS 320-199-999-5242 MISC COMPUTER SUPPLIES:INF SYS 320-199-999-5242 PAGE 1 ITEM CHECK AMOUNT AMOUNT 539.79 539.79 430.43 430.43 175.00 175.00 450.00 450.00 320.00 156.00 1.19 477.19 1,650.00 1,650.00 125.00 125.00 234.00 234.00 18.00 18.00 691.60 852.80 1,544.40 30.56 68.06 153.03 311.12 562.77 44.00 44.00 78.00 78.00 52.00 78.00 52.00 338.00 4,060.00 3,948.00 8,008.00 1,274.82 1,274.B2 248.65 248.65 1,195.00 1,195.00 50.00 50.00 30.00 30.00 475.47 92.12 567.59 VOUDHRE2 10/04/01 08:57 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 72275 10/04/01 000442 COMPUTER ALERT SYSTEMS 72275 10/04/01 000442 COMPUTER ALERT SYSTEMS 72275 10/04/01 000442 COMPUTER ALERT SYSTEMS 72276 10/04/01 001923 CONVERSE CONSULTANTS 72276 10/04/01 001923 CONVERSE CONSULTANTS 72276 10/04/01 001923 CONVERSE CONSULTANTS CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM ACCOUNT DESCRIPTION NUMBER ADDT~L ALARM PORT: CITY HAL 340-199-701-5212 LABOR COST FOE ALARM BERVIC 340-199-701-5212 SALES TAX 340-199-701-5212 PRELIMINARY GEOTECHNICAL SE[VS 210-165-707-5804 PRELIMINARY GEOTECHNICAL SE~VS 210-190-158-5801 CREDIT:CHRGS EXCEEDS CONTRACT 210-165-707-5804 72277 10/04/01 001264 COSTCO WHOLESALE 72278 10/04/01 001014 COUNTRY SIGNS & DESIGNS 72278 10/04/01 001014 COUNTRY SIGNS & DESIGNS 72279 10/04/01 002900 DANIEL MANN JOHNSON 72280 10/04/01 001393 DATA TICKET INC 72280 10/04/01 001393 DATA TICKET INC 72280 10/04/01 001393 DATA TICKET INC 72281 10/04/01 002990 DAVID TURCH & ASSOCIATE 72282 10/04/01 003625 DAVIS, JOHN 72282 10/04/01 003625 DAVIS, JOHN 72283 10/04/01 004192 DOWNS COMMERCIAL FUELIN 72283 10/04/01 004192 DOWNS COMMERCIAL FUELIN 72283 10/04/01 004192 DOWNS COMMERCIAL FUELIN 72283 10/04/01 004192 DOWNS COMMERCIAL FUELIN 72284 10/04/01 001669 DUNN EDWARDB CORPORATIO UTILITY TABLES:FIRE STN ~ FAC IMPR PGRM: XtS & FAC IMPR PNGM:OLDE TIN BOX DESIGN SVCS:PALA RD PHASE IS JUNE PARKING CITATION PROCESS JUL PARKING CITATION PROCESS JUL PARKING CITATION PROCESS RETAIN ADVOCACY FIRM:FED FUID TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS VEHICLE FUEL:FIRE PREVENTION VEHICLE FUEL:COMMUNITY SERVS. VEHICLE FUEL:CITY CLERK DEPT. VEHICLE FUEL: PUBLIC WORKS SUPPLIES FOR GRAFFITI REMOVAl 001-171-999-5242 280-199-813-5804 280-199-813-5804 210-165-668-5802 001-170-999-5250 001-170-999-5250 001-170-999-5250 001-110-999-5248 190-183-999-5330 190-183-999-5330 001-171-999-5250 190-180-999-5263 001-120-999-5262 001-165-999-5263 001-164-601-5218 72285 10/04/01 001380 72285 10/04/01 001380 72285 10/04/01 001380 72285 10/04/01 001380 72285 10/04/01 001380 72285 10/04/01 001380 72285 10/04/01 001380 72285 10/04/01 001380 72285 10/04/01 001380 72285 10/04/01 001380 72285 10/04/01 001380 72285 10/04/01 001380 72285 10/04/01 001380 72285 10/04/01 001380 72285 10/04/01 001380 E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERV[C E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT BERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC 72286 10/04/01 002060 EUROPEAN DELI & CATERIN 72287 10/04/01 003959 EVERETT & EVERETT PAINT TEMP HELP W/E 09/21 EBON TEMP HELP W/E 09/21HANSEN TEMP HELP W/E 09/21HANSEN TEMP HELP W/E 09/21HANSEM TEMP HELP W/E 09/21HANSEN TEMP HELP W/E 9/21/010BMAN) TEMP HELP W/E 09/07 HEER TEMP HELP W/E 09/07 NEER TEMP HELP W/E 09/21 HERR REISSUE CK 71067:TEMP W/E 340-199-701'5118 190-180-999-5118 001-161-999-5118 001'120'999'5118 001-164-604-5118 R 001-171-999-5118 001-162-999-5118 001-162-999-5118 001'162-999-5118 10 001'161-999-5118 REISSUE CK 71067:TEMP W/E 8/~0 REISSUE CK 71067:TEMP W/E 8/ REISSUE CK 71067:TEMP W/E 8/ REISSUE CK 71067:TEMP W/E 8/ REISSUE CK 71067:TEMP W/E 8/ REFRESHMENT:CLOSED SESSION RES IMPR PBRM:MURPHY,KENNETH 001-120-999-5118 I0 340-199-701-5118 )0 001-164-604-5118 I0 001-162-999-5118 001-100-999-5260 ITEM AMOUNT 110.00 150.00 8.25 2,962.50 2,002.00 372.50- 211.15 1,402.38 1,402.38 1,366.03 290.25 210.00 140.00 2,500.00 60.00 100.00 11.00 27.55 61.28 10.98 150.22 1,194.40 86.85 1,163.79 752.70 382.14 1,311.69 1,327.95 1,071.85 1,658.44 5,497.08 1,071.15 1,254.66 1,194.40 231.60 2,122.02 230.05 PAGE 2 CHECK AMOUNT 268.25 4,592.00 211.15 2,804.76 640.25 2,500.00 160.00 110.81 150.22 20,320.72 230.05 VOUCHRE2 10/04/01 08:57 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 72288 10/04/01 001056 EXCEL LANDSCAPE 72289 10/04/01 000165 FEDERAL EXPRESS INC 72289 10/04/01 000165 FEDERAL EXPRESS [NC 72289 10/04/01 000165 FEDERAL EXPRESS INC 72289 10/04/01 000165 FEDERAL EXPRESS 1NC 72289 10/04/01 000165 FEDERAL EXPRESS INC 72290 10/04/01 004310 FEDEX GROUND INE 72290 10/04/01 004310 FEDEX GROUND INC 72291 10/04/01 003347 FIRST BANKCARD CENTER 72291 10/04/01 003347 FIRST BANKCARD CENTER 72291 10/04/01 003347 FIRST BANKCARD CENTER 72291 10/04/01 003347 FIRST BANKCARD CENTER 72291 10/04/01 003347 FIRST BANKCARD CENTER 72291 10/04/01 003347 FIRST BANKCARD CENTER 72291 10/04/01 003347 FIRST BANKCARD CENTER 72292 10/04/01 004583 FIRST IN FIRE EQUIPMENT 72293 10/04/01 004159 GOODENOUGN, DONNA 72294 10/04/01 GRACE TEMECULA VALLEY 72295 10/04/D1 HAMMERSLEY, MICHAEL CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DEBCRIPTION MNT LDSCP SVCS:FIRE STN 84 EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES PAGE 3 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 001-171-999-5212 75.00 75.00 001-164-604-5230 11.00 001-163-999-5230 11.00 001-161-999-5230 13.83 001-111-999-5230 22.00 001-150-999-5230 12.92 70.75 10.46 22.72 33.18 320-199-999-5261 470.00 320-199-999-5211 189.00 320-199-999-5211 452.35 001-140-999-5260 13.00 001-161-999-5260 58.76 001-161-999-5261 381.00 001-161-999-5228 .50.95 1,615.06 1,408.25 1,408.25 28.00 28.00 100.00 100.00 4.00 4.00 GROUND EXPRESS PACKAGE SERVICE 280-199-999-5230 GROUND EXPRESS PACKAGE SERVICE 001'111-999-5230 XX-5288 JONES:EARTHLINK/SUPPLI XX-5288 JONES:EARTHLINK/SUP~LI XX-5288 JONEB:EARTHLINK/BUPPLI XX-2292 ROBERTS,G:PROG MTG XX-1405 UBNOSKE:PUB/MTGS/CONF XX-1405 UBNOSKE:PUB/MTGS/CO~F XX-1405 UBNOSKE:PUB/MTGS/CONF FIRE INSTRUCTOR EARNINGS HELMETS: EXPLORER PGRM 001-171-999-5235 TCSD 190-183-999-5330 REFUND:CRC ROOM RENTAL DEPOSIT 190-2900 REFUND:ART/CRAFT-CREATIVE ARTS 190-182-4980 72296 10/04/01 000186 HANKS HARDWARE INC 72296 10/04/01 000186 HANKS HARDWARE 72296 10/04/01 000186 HANKS HARDWARE [NC 72296 10/04/01 000186 HANKS HARDWARE [NC 72296 10/04/01 000186 HANKS HARDWARE INC 72296 10/04/01 000186 HANKS HARDWARE INC 72296 10/04/01 000186 HANKS HARDWARE INC 72296 10/04/01 000186 HANKS HARDWARE INC 72296 10/04/01 000186 HANKS HARDWARE INC 72296 10/04/01 000186 HANKS HARDWARE INC 72296 10/04/01 000186 HANKS HARDWARE 1NC 72296 10/04/01 000186 HANKS HARDWARE INC HARDWARE SUPPLIES:PW MNTC CREW HARDWARE SUPPLIES:TCSD MNTC HARDWARE SUPPLIES:TCSD MNTC HARDWARE SUPPLIES:TCSD MNTC HARDWARE SUPPLIES:TCSD MNTC HARDWARE SUPPLIES:AQUATICS HARDWARE SUPPLIES:OLD TWN TEN HARDWARE SUPPLIES:TCC I HARDWARE SUPPLIES:PW MNTC CREW HARDWARE SUPPLIES:MUSEUM HARDWARE SUPPLIES:MUSEUM HARDWARE SUPPLIES:PW MNTC CREW 001-164-603-5212 001-164-601-5218 178.02 001-164-603-5212 13.96 340-199-701-5212 143.02 190-180-999-5242 8.59 190-180-999-5212 438.59 190-186-999-5212 27.87 001-164-603-5212 76.63 190-184-999-5212 87.41 190-185-999-5212 6.00 190-185-999-5301 84.93 174.64 1,279.09 72297 10/04/01 001013 HINDERLITER DE LLAMAS & 72297 10/04/01 001013 HIflDERLITER DE LLAMAS & 72298 10/04/01 004079 JENKENS & GILCHRIST 72299 10/04/01 003046 K F R 0 G 95.1FM RADIO 72299 10/04/01 003046 K F R 0 G 95.1FM RADIO 72300 10/04/01 003986 KEVIN COZAD & ASSOCIATE 72301 10/04/01 004481 KIMLEY HORN & ASSOCIATE SALES TAX CONSULTING SVCS:3( SALES TAX RECOVERY FEES HR AUGUST LEGAL SERVICES ADVERTISING:HOT SUMMER NGTS ADVERTISING:HOT SUMMER NGTS JUL"SEPT PROF SVGS:MURR CREE AUG PRF SVCS:DIAZ RD EXTEN. TR 001-140-999-5248 900.00 001-140-999-5248 455.21 1,355.21 001-130-999-5247 3,828.59 3,828.59 280-199-999-5362 1,020.00 280-199-999-5362 154.28 1,174.28 210-165-707-5801 2,480.00 2,480.00 210-165-684-5802 15,126.19 15,126.19 VOUCHRE2 10/04/01 08:57 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 72302 10/04/01 KRALL, WINIFRED S. 72303 10/04/01 000209 L & M FERTILIZER INC 72303 10/04/01 000209 L & M FERTILIZER INC 72304 10/04/01 LAMBS FELLOWSHIP OF TEM 72305 10/04/01 004597 LIFECOM INC 72305 10/04/01 004597 LIFECOM IRC 72305 10/04/01 004597 LIFECOM INC 72306 10/04/01 003782 MAIN STREET SIGNS 72306 10/04/01 003782 MAIN STREET SIGNS 72306 10/04/01 003782 MAIN STREET SIGNS 72307 10/04/01 004141 MAINTEX IRC 72308 10/04/01 001967 MANPOWER TEMPORARY BERV 72308 10/04/01 001967 MANPOWER TEMPORARY SERV 72308 10/04/01 001967 MANPOWER TEMPORARY BERV 72308 10/04/01 001967 MANPOWER TEMPORARY SERV 72308 10/04/01 001967 MANPOWER TEMPORARY SERV 72308 10/04/01 001967 MANPOWER TEMPORARY SERV 72308 10/04/01 001967 MANPOWER TEMPORARY SERV 72309 10/04/01 003669 MARC FAULKENBURY PAINTI 72309 10/04/01 003669 MARC FAULKENBURY PAINTI 72310 10/04/01 004107 MABBA-LAVITT~ SAMDRA 72311 10/04/01 MATTEGIT, NIH 72312 10/04/01 MERTZEL, SCOTT 72313 10/04/01 001905 MEYERS, DAVID WILLIAM 72313 10/04/01 001905 MEYERS, DAVID WILLIAM 72314 10/04/01 001526 MICHAELS STORES INC 72315 10/04/01 004208 MILAROS 72315 10/04/01 004208 MILANOS 72315 10/04/01 004208 MILANOS 72316 10/04/01 001384 MINUTEMAN PRESS 72316 10/04/01 001384 MINUTEMAN PRESS 72317 10/04/01 MONTEREY BEACH HOTEL 72318 10/04/01 001986 MUZAK IRC 72319 10/04/01 002292 OASIS VENDING CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REFUND:CRC ROOM RENTAL DEPOSIT HARDWARE SUPPLIES:TEED MNTC MRTC SUPPLIES FOR PW WORK CREW REFUND:SECURITY DEPT MS01-154 TOBD PARKS GAS MONITOR FREIGHT SALES TAX SIGNS FOR PUBLICE WORKS DEP SALES TAX SIGNS FOR PUBLIC WORKS DEPT JANITORIAL SUPPLIES:CITY NAI TEMP NELP W/E 9/16/01SEDLMEYI TEMP HELP W/E 9/16/01 BEDLMEYR TEMP NELP W/E 9/16/01 SEDLMEYR TEMP HELP W/E 9/16/01LARKIN CREDIT:OVERTIME NOT APPLICABLE CNEDIT:OVERTIME NOT APPLICABLE CREDIT:OVERTIME NOT APPLICABLE RES IMPR PRGM:GORDOR,JOSEPN RES IMPR PRGM:GORDON,JOSEPR CONSULTANT SRVCS:PLANNING DEPT REFUND: DOG OBEDIENCE REFUND:YOUNG DISCOVERERS CLUB TCSD INSTRUCTOR EARNINGS TDSD INSTRUCTOR EARNINGS PATRIOTIC RIBBONS: CITY HALL REFRESHMENTS:STAFF TRAINING PW REFREBNMERTS:STAFF TRAINING ~W REFRESHMENTS:STAFF TRAINING BUSINESS CARDS:VOW RICNTER P SALES TAX HOTEL ROOMS:CNOA CORF.-POL[C OCT MUSIC BROADCAST: OLD TOWN CITY HALL SUPPLIES/SERVICE ACCOUNT NUMBER 190-2900 190-180-999-5212 001-164-601-5218 190-2900 190-180-999-5610 190-180-999-5610 190-180-999-5610 001-164-601-5244 001-164-601-5244 001-164-601-5244 340-199-701-5212 001-163-999-5118 001-165-999-5118 001-164-604-5118 001-161-999-5118 001-163-999-5118 001-165-999-5118 001-164-604-5118 165-199-813-5804 001-161-999-5248 190-183-4982 190-183-4982 190-183-999-5330 190-183-999-5330 001-2175 001-163-999-5261 001-165-999-5261 001-164-604-5261 001-140-999-5222 001-140-999-5222 001-170-999-5261 001-164-603-5250 340-199-701-5250 ITEM AMOUNT 100.00 50.45 349.17 100.00 2,700.00 21.47 202.50 3~050.35 228.78 188.13 43.37 183.83 183.83 183.84 516.00 29.03- 29.03- 29.04- 2w090.00 325.00 1,678.00 68.00 59.00 288.00 96.00 102.13 90.00 90.00 90.00 39.75 2.98 1,084.00 59.50 249.07 PAGE 4 CHECK AMOUNT 100.00 399.62 100.00 2,923.97 3,467.26 43.37 980.40 2,415.00 1,678.00 68.00 59.00 384.00 102.13 270.00 42.73 1,084.00 59.50 VOUCHRE2 10/04/01 08:57 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 72319 10/04/01 72319 10/04/01 72319 10/04/01 72319 10/04/01 72320 10/04/01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEM NAME DESCRIPTION 002292 OASIS VENDING CITY HALL SUPPLIES/SERVICE 002292 OASIS VENDING MNTC FAC SUPPLIES & SERVICE 002292 OASIS VENDING CITY HALL SUPPLIES/SERVICE 002292 OASIS VENDING MNTC FAC SUPPLIES & SERVICE~ 003964 OFFICE DEPOT BUSINESS S OFFICE SUPPLIES-FINANCE DEPT 72321 10/04/01 002105 72321 10/04/01 002105 72322 10/04/01 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72323 10/04/01 000249 72324 10/04/01 000254 72324 10/04/01 000254 72324 10/04/01 000254 72324 10/04/01 000254 72324 10/04/01 000254 72325 10/04/01 72326 10/04/01 002176 72327 10/04/01 000262 72327 10/04/01 000262 72328 10/04/01 000947 72329 10/04/01 004584 72330 10/04/01 003591 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAIN~ OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAIN~ PECHANGA DEVELOPMENT CO REFD:OVRPMT OF FEES LD01-150CO PETTY CASH PETTY CASH REIMS: VAR ACCOUNTS PETTY CASH PETTY CASH REIMS: VAR ACCOUNTS PETTY CASH PETTY CASH REIMB: VAR ACCOUNTS PETTY CASH PETTY CASH REIMS: VAR ACCOUNTS PETTY CASH PETTY CASH REIMS: VAR ACCOUNTS PETTY CASH PETTY CASH REIMB: VAR ACCOUNTS PETTY CASH PETTY CASH REIMB: VAR ACCOU TS PETTY CASH PETTY CASR REIMS: VAR ACCOU TS PETTY CASH PETTY CASH REIMS: VAR ACCOU TS PETTY CASH PETTY CASH REIMS: VAR ACCOU) TS PETTY CASH PETTY CASH REIMB: VAR ACCOUNTS PETTY CASH PETTY CASH REIMB: VAR ACCOUNTS PETTY CASH PETTY CASH REIMB: VAR ACCOUNTS PETTY CASH PETTY CASH REIMB: VAR ACCOUNTS PETTY CASH PETTY CASH REIMS: VAR ACCOUNTS PETTY CASH PETTY CASH REIMB: VAR ACCOUNTS PETTY CASH PETTY CASH REIMS: VAR ACCOUNTS PETTY CASH PETTY CASR REIMR: VAR ACCOUNTS PETTY CASH PETTY CASH REIMS: VAR ACCOUNTS PETTY CASH PETTY CASH REIMS: VAR ACCOUNTS PRESS ENTERPRISE COMPAN AUG VAR. PUBLIC NOTICES: RDA PRESS ENTERPRISE COMPAN AUG VAR. PUBLIC NOTICES: TCBD PRESS ENTERPRISE COMPAN AUG VAR. PUBLIC NOTICES:PUB ~K PRESS ENTERPRISE COMPAN AUG VAR. PUBLIC NOTICES:PLNG) PRESS ENTERPRISE COMPAN AUG VAR. PUBLIC NOTICES:CLERK RANCHO CALIF BUS PARK A ASSOC PLAN REVIEW:MNTC FAC PRJ RANCHO CALIF WATER DIST SEP 02-79-10100-1 DIAZ ROAD WATER SRVCS:FLOATING METER RANCHO CALIF WATER DIST RANCHO REPROGRAPHICS BLUEPRINTS AND MISC SUPPLIES REGENCY LIGHTING ELECTRICAL SUPPLIES: VAR PARKS RENES COMMERCIAL MANAGE WEED ABATEMENT:CITY-WIDE PAGE 5 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 340-199-701-5250 271.08 340-199-702-5250 51.48 340-199-701-5250 342.43 340-199-702-5250 77.22 001-140-999-5220 16.37 190-180-999-5214 21.30 001-164-601-5214 259.93 001-2670 98.62 001-150-999-5260 14.66 001-161-999-5222 6.85 190-180-999-5261 15.00 001-150-999-5260 37.53 190-180-999-5301 28.55 190-183-999-5373 31.98 1~0-182-999-5301 16.11 001-140-999-5260 21.39 190-181-999-5301 37.96 001-111-999-5270 35.56 001-162-999-5261 21.99 190-185-999-5220 1.80 210-190-165-5802 15.47 001-150-999-5265 29.82 001-150-999-5265 9.84 001-164-601-5260 7.53 001-164-601-5260 9.93 001-164-601-5260 8.12 001-164-601-5260 23.00 001-164-601-5260 11.80 280-199-999-5362 567.50 190-180-999-5254 550.80 001-165-999-5256 1,096.20 001-161-999-5256 46.00 001-120-999-5256 126.43 001-171-999-5261 95.00 210-190-158-5801 150.00 991.20 16.57 261.23 98.62 384.89 2,386.93 95.00 150.00 001-164-601-5250 366.30 190-180-999-5240 139.03 505.33 001-161-999-5222 105.08 105.08 190-180-999-5212 103.04 105.04 001-164-601-5402 2,000.00 2,000.00 VOUCBRE2 10/04/01 08:57 VOUCHER/ CHECK NUMBER 72331 72332 72333 CHECK VENDOR VENDOR DATE NUMBER NAME 10/04/01 004498 REPUBLIC ELECTRIC 10/04/01 004~15 REX PARIS 10/04/01 000418 RIVERSIDE CO CLERK & RE 72334 10/04/01 RYAN, CASEY 72335 10/04/01 000278 72336 10/04/01 000793 72337 10/04/01 004562 72337 10/04/01 004562 72338 10/04/01 000403 BAH DIEGO UNION TRIBUNE SCANTRON FPC CORPORATIO SCHIRMER ENGINEERING CO SCHIRMER ENGINEERING CO SHAWN SCOTT POOL & SPA CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REL RETENTION:PW01-03 TRF SGNL ENTERTAINMENT:FLASH TO PAST FILING FEE:NOTICE EXEMP MUSEUM REFUND:CITE 881 PERAPPEAL RES. AUG DISPLAY AD(SI:HUMAN SCANTRON 2500 SOANNER MNT AGRT PLAN CHECK SRVCS: FIRE PLAN CHECK SRVCS: FIRE POOL SERVICE: TES POOL ACCOUNT NUMBER 210-2035 001"161-4255 001-150-999-5254 320-199-999-5215 001-171-999-5250 001-171-999~5250 190-186-999-5250 72339 10/04/01 SHIPLEY, PAMELA HEFUND:LDSCP BOND LD01'O08S~ 001'2670 72339 10/04/01 SHIPLEY, PAMELA REFUND:GRADING DEPT LDOI-OOBGR 001-2670 72340 10/04/01 003766 SMAIL, SANDRA K. 72341 10/04/01 000645 SMART & FINAL INC 72341 10/04/01 000645 SMART & FINAL INC 72342 10/04/01 000537 SO CALIF EDISON 72342 10/04/01 000537 SO CALIF EDISON 72342 10/04/01 000537 SO CALIF EDISON 72342 10/04/01 000537 SO CALIF EDISON 72342 10/04/01 000537 SO CALIF EDISON 72342 10/04/01 000537 SO CALIF EDISON 72342 10/04/01 000537 SO CALIF EDISON 72342 10/04/01 000537 SO CALIF EDISON 72342 10/04/01 000537 SO CALIF EDISON 72342 10/04/01 000537 SO CALIF EDISON 72342 10/04/01 000537 SO CALIF EDISON 72343 10/04/01 000926 SO CALIF EDISON TCSD INSTRUCTOR EARNINGS RECREATION CLASS SUPPLIES SUPPLIES FOR FINANCE DEPT SEP 2-22-575-0876 FRONT ST SEP 2-10-331-2153 PUJOL ST SEP 2-20-792-2444 HWY 79 S SEP 2-00-397-5042 CITY NALL 13 SEP 2-00-397-5067 VARIOUS MTRS SEP 2-00-397-5067 VARIOUS MTRS SEP 2-02-502-8077 MAINT FAC ~3 SEP 2-20-817-9929 PD SATELLITE SEP 2-18-528~9980 SANTIAGO RD SEP 2-19-683-3255:FRONT STREET SEP 2-19-683-3263:FRONT STREET ELECT. SVCS:IRTERIM FIRE STN PEST CONTROL: VARIOUS PARKS PEST CONTROL: CITY HALL WORKERS~ COMP PREMIUM:SEPT WORKERS~ COMP PREMIUM:SEPT WORKERS, COMP PREMIUM:SEPT ~ORKERS' COMP PREMIUM:SEPT , WORKERS, COMP PREMIUM:SEPT 0~ WORKERS~ COMP PREMIUM:SEPT 01 WORKERS, COMP PREMIUM:SEPT 01 WORKERS' COMP PREMIUM:SEPT 01 WORKERS' COMP PREMIUM:SEPT 01 72344 10/04/01 000519 SOUTH COUNTY PEST CONTR 72344 10/04/01 000519 SOUTH COUNTY PEST CONTR 72345 10/04/01 004420 STATE COMP INSURANCE FU 72345 10/04/01 004420 STATE COMP INSURANCE FU 72345 10/04/01 004420 STATE COMP INSURANCE FU 72345 10/04/01 004420 STATE COMP INSURANCE FU 72345 10/04/01 004420 STATE COMP INSURANCE FU 72345 10/04/01 004420 STATE COMP INSURANCE FU 72345 10/04/01 004420 STATE COMP INSURANCE FU 72345 10/04/01 004420 STATE COMP INSURANCE FU 72345 10/04/01 004420 STATE COMP INSURANCE FU 190-183-999-5330 190-181-999-5301 001-140-999-5220 190-180-999-5319 190-184-999-5240 340-199-701-5240 193-180-999-5240 190-180-999-5240 340-199-702-5240 001-170-999-5229 190-180-999-5319 001-164-603-5319 001-164-603-5319 210-165-739-5804 190-180-999-5250 340-199-701-5250 001-2370 165-2370 190-2370 192-2370 193-2370 194-2370 280-2370 300-2370 320-2370 ITEM AMOUNT 42,273.29 150.00 78.00 50.00 702.98 678.00 200.00 1,200.00 754.00 1,000.00 995.00 588.00 76.87 36.72 338.01 1,335.14 160.96 7,567.45 774.96 25.92 950.73 364.12 46.14 566.61 367.96 1,243.72 39.00 56.00 5,714.24 108.07 2,000.28 .76 88.28 13.81 39.74 9.71 100.04 PAGE 6 CHECK AMOUNT 42,273.29 150.00 78.00 50.00 702.98 678.00 1,400.00 754.00 1,995.00 588.00 113.59 12,498.00 1,243.72 95.00 VOUCHRE2 10104/01 08:57 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 72345 10/04/01 004420 STATE COMP INSURANCE FU 72345 10/04/01 004420 STATE COMP INSURANCE FU 72345 10/04/01 004420 STATE COMP INSURANCE FU 72345 10/04/01 004420 STATE COMP INSURANCE FU 72346 10/04/01 001546 STRAIGHT LINE GLASS IRC 72347 10/04/01 000574 SUPERTONER 72347 10/04/01 000574 SUPERTONER CITY OF TEMECULA VOUCNER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PAGE 7 ACCOUNT ITEM CHECK NUMBER AMO~JNT AMOUNT WORKERS' COMP PREMIUM:SEPT 01 330'2370 25.08 WORKERS' COMP PREMIUM:SEPT 41 340'2370 264.50 WORKERS~ COMP PREMIUM:SEPT ~1 001-1182 33.62 WORKERS' COMP PREMIUM:SEPT 01 001-1182 .01 RES IMPR PRGM:GORDON,JOBEPR RP PRINTER MNTC SVC:OCT 200 RP PRINTER MNTC SVC:NOV 200' 72348 10/04/01 000305 TARGET STORE MISC SUPPLIES FOR PUBLIC WOIKS 72348 10/04/01 000305 TARGET STORE MISC SUPPLIES FOR PUBLIC WORKS 72348 10/04/01 000305 TARGET STORE MISC SUPPLIES FOR PUBLIC WORKS 72349 10/04/01 TEATOR, CARA REFUND:CREATIVE ART #1412.20~ 72350 10/04/01 001672 TEMECULA DRAIN SERV & P PLUMBING REPAIRS: CITY HALL 72350 10/04/01 001672 TEMECULA DRAIN SERV & P PLUMBING REPAIRS:6TH ST REST~M 72351 10/04/01 004541 TEMECULA RADIATOR/AUTO AUTO REPAIR:MEDIC SQUAD STN ~4 72352 10/04/01 000307 TEMECULA TROPHY COMPANY 72352 10/04/01 000307 TEMECULA TROPHY COMPANY 72352 10/04/01 000307 TEMECULA TROPHY COMPANY 003140 TEMECULA VALLEY TAEKWON 003140 TEMECULA VALLEY TAEKWON 003140 TEMECULA VALLEY TAEKWON 72353 10/04/01 72353 10/04/01 72353 10/04/01 72354 10/04/01 THOREAU INSTITUTE, THE SPORTS & AWARD TROPHIES SPORTS & AWARD TROPHIES SALES TAX TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS PUBLICAT1ON:IYR VANISHING AUTO USE OF CA TOLL RD:VEH #01058 SAFETY EQUIP/BARRICADES:PUB WK SAFETY EQUIP/BARRICADES:PUB WK SAFETY EQUIP/BARRICADES:PUB ~K 72355 10/04/01 TOLL ROADS~ THE 72356 10/04/01 003031 TRAFFIC CONTROL SERVICE 72356 10/04/01 003031 TRAFFIC CONTROL SERVICE 72356 10/04/01 003031 TRAFFIC CONTROL SERVICE 72357 10/04/01 002065 UNISOURCE 5 CASES'GOLDENROD PAPER 72357 10/04/01 002065 UNISOURCE 5 CASES-GREEN PAPER 72357 10/04/01 002065 UNISOURCE 5 CASES-PINK PAPER 72357 10/04/01 002065 UNISOURCE 3 CASES'SALMON PAPER 72357 10/04/01 002065 UNISOURCE 1 CASE-NCR PAPER 72357 10/04/01 002065 UNISOURCE 1 REAM-ASTROBRITE PAPER 72357 10/04/01 002065 UNISOURCE 5 CASES-CHERRY PAPER 72357 10/04/01 002065 UNISOURCE SALES TAX 72358 10/04/01 004261 VERIZON CALIFORNIA 72358 10/04/01 004261 VERIZON CALIFORNIA 72358 10/04/01 004261 VERIZON CALIFORNIA 72358 10/04/01 004261 VERIZON CALIFORNIA SEP XXX'2626 P.D.SATELLITE XXX'3526 FIRE ALARM TELEPHONE SRVCS:XXX-2676 SEP XXX-9897 GENERAL USAGE 165-199-813-5804 360.00 320-199-999-5215 587.32 320-199-999-5215 587.32 8,398.14 360.00 1,174,64 001-163-999-5220 42.47 001-165-999-5220 42.47 001-164-604-5220 42.46 127.40 190-182-4980 8.00 8.00 340-199-701-5212 85.00 001-164-603-5250 75.00 160.00 001-171-999-5214 428.99 428.99 190-187-999-5313 48.38 001-100-999-5265 562.50 001-100-999-5265 42.19 190-183-999-5330 40.00 190-183-999-5330 60.00 190-183-999-5330 20.00 001-100-999-5228 18.95 001-164-604-5250 9.50 001-164-601-5218 577.90 001-164-601-5218 1,290.13 001-164-601-5218 532.13 330-199-999-5220 179.50 330-199-999-5220 179.50 330-199-999-5220 179.50 330-199-999-5220 107.70 330-199-999-5220 217.50 330-199-999-5220 15.03 330-199-999-5220 179.50 330-199-999-5220 79.36 001-170-999-5229 415.41 320-199-999-5208 72.39 320-199-999-5208 24.99 320-199-999-5208 76.D8 653.07 120.00 18.95 9.50 2,400.16 1,137.59 588.87 VOUCRRE2 10/04/01 08:57 VOUCHER/ CHECK CHECK NUMBER DATE 72359 10/04/01 72360 10/04/01 72361 10/04/01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM NUMBER NAME DESCRIPTION 002658 VOLLMUTH, MARY ADVANCE:EDEN CONF:10/9-11/01 003835 WEST COAST SUPPLY COMPA SAFETY EQUIPMENT:PUBLIC WOR~S WOLNICK, GLORIA REIMB:WOLNICK, G TRAINING WKSP PAGE 8 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 001-140-999-5261 150.00 150.00 001-164-601-5218 318.75 318.75 001-111-999-5261 99.00 99.00 TOTAL CNECKS 181,841,87 VOUCHRE2 ?0111101 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 174,373.15 165 RDA DEV- LOW/MOD SET ASIDE 10,390.49 190 COMMUNITY SERVICES DISTRICT 78,069.47 192 TCSD SERVICE LEVEL B 33,989.87 193 TCSD SERVICE LEVEL C 7,299.47 194 TCSD SERVICE LEVEL D 411.54 210 CAPITAL IMPROVEMENT PROJ FUND 49,224.78 280 REDEVELOPMENT AGENCY - C[P 7~505.71 300 INSURANCE FUND 1,459.55 320 INFORMATION SYSTEMS 8,504.30 330 SUPPORT SERVICES 1,871.60 340 FACILITIES 3,821.67 TOTAL 376,921.60 PAGE 16 VOUCHRE2 10/11/01 11:35 VOUCHER/ CHECK CHECK NUMBER DATE 72362 10/04/01 VENDOR VENDOR NUMBER NAME 004619 SOUTH COAST ESCROW 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90501 10/11/01 000246 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS 90552 10/11/01 000245 PERS CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION FINAL PMT:FIRE STN RES.MODU EMPLOYEES' RETIRE 000246 PERS RET EMPLOYEES' RETIRE 000246 PERS RET EMPLOYEES' RETIRE 000246 PERS RET EMPLOYEES' RETIRE 000246 PERS RET EMPLOYEES' RETIRE 000246 PERS RET EMPLOYEES' RETIRE 000246 PERS RET EMPLOYEES' RETIRE 000246 PERS RET EMPLOYEES' RETIRE 000246 PERS RET EMPLOYEES' RETIRE 000246 PERS RET EMPLOYEES' RETIRE 000246 PERS RET EMPLOYEES' RETIRE 000246 PERS RET EMPLOYEES' RETIRE 000246 PERS RET EMPLOYEES' RETIRE 000246 PERS-PRE EMPLOYEES' RETIRE 000246 SURVIVOR EMPLOYEES' RETIRE 000246 SURVIVOR EMPLOYEES' RETIRE 000246 SURVIVOR EMPLOYEES' RETIRE 000246 SURVIVOR EMPLOYEES' RETIRE 000246 SURVIVOR EMPLOYEES' RETIRE 000246 SURVIVOR EMPLOYEES' RETIRE 000246 SURVIVOR EMPLOYEES' RETIRE 000246 SURVIVOR EMPLOYEES' RETIRE 000246 SURVIVOR EMPLOYEES' RETIRE 000246 SURVIVOR EMPLOYEES' RETIRE 000246 SURVIVOR HEALTH INSUR. PRE 000245 AETNA HEALTH INSUR. PRE 000245 AETNA HEALTH INSUR. PRE 000245 AETNA HEALTH INSUR. PRE 000245 AETNA HEALTH INSUR. PRE 000245 AETNA HEALTH INSUR. PRE 000245 AETNA HEALTH INSUR. PRE 000245 BLSHIELD HEALTH INSUR. PRE 000245 BLSHIELD HEALTH INSUR. PRE 000245 CIGNA HEALTH INSUR. PRE 000245 NELTHNET HEALTH INSUR. PRE 000245 HELTHNET HEALTH INSUR. PRE 000245 HELTHNET HEALTH INSUR. PRE 000245 HELTHNET HEALTH INSUR. PRE 000245 HELTNNET HEALTH INSUR. PRE 000245 KAISER HEALTH INSUR. PRE 000245 PACCARE HEALTH INSUR. PRE 000245 PACCARE HEALTH INSUR. PRE 000245 PC HEALTH INSUR. PRE 000245 PERS CHO HEALTH INSUR. PRE 000245 PERS CMO HEALTH INSUR. PRE 000245 PERS CHO NEALTH INSUR. PRE 000245 PERS DED HEALTH INSUR. PRE 000245 PERS-ADM HEALTH INSUR. PRE 000245 UNI PAGE I ACCOUNT ITEM CNECK NUMBER AMOUNT AMOUNT .AR 210-165-739-5804 17,120.00 17,120.00 '001-2390 27,420.97 165-2390 660.17 190-2390 4,854.60 192-2390 11.19 193-2390 410.14 194-2390 97.75 280-2390 286.27 300-2390 139.55 320-2130 26.51 320-2390 lw126.01 330-2390 219.95 340-2390 586.08 001-2130 182.91 001-2390 100.31 165-2390 1.87 190-2390 19.07 192-2390 .05 193-2390 1.82 194-2390 .36 280-2390 .92 300-2390 .46 320-2390 3.72 330-2390 1.39 340-2390 2.65 36,154.72 001-2090 165-2090 190-2090 280-2090 330-2090 340-2090 001-2090 190-2090 001-2090 001-2090 190-2090 193-2090 194-2090 340-2090 001-2090 001-2090 190-2090 001-2090 001-2090 190-2090 280-2090 001-2090 001-2090 001-2090 3,142.39 254.63 1,141.99 84.87 97.00 244.07 1,594.12 468.53 555.90 5,004.09 59.18 29.59 768.95 2,847.96 4,638.41 376.34 738.00 4,050.33 4.70 869.37 1,304.36- 2,972.25 VOUCHRE2 10/11/01 11:35 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 90552 10/11/01 000245 90552 10/11/01 000245 90552 10/11/01 000245 90552 10/11/01 000245 90552 10/11/01 000245 90552 10/11/01 000245 90552 10/11/01 000245 90552 10/11/01 000245 90552 10/11/01 000245 90552 10/11/01 000245 90552 10/11/01 000245 90552 10/11/01 000245 90552 10/11/01 000245 90552 10/11/01 000245 90552 10/11/01 000245 90552 10/11301 000245 90552 10/11/01 000245 VENDOR NAME PERS HEALTH INSUR. PRE PERS HEALTH INSUR. PRE PENS HEALTH INSUR. PRE PENS HEALTH INSUR. PRE PENS HEALTH INSUR. PRE PENS HEALTH INSUR. PRE PENS HEALTH INSUR. PRE PERS HEALTH INSUR. PRE PENS HEALTH INSUR. PRE PERS HEALTH INSUR. PRE PERS BEALTB INSUR. PRE PERS HEALTH INSUR. PRE PENS HEALTH INSUR. PRE PERS HEALTH INSUR. PRE PERS HEALTH INSUR. PRE PENS HEALTH INSUR. PRE PERS HEALTH INSUR. PRE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 000245 UNI 000245 AETNA 000245 AETNA 000245 AETNA 000245 AETNA 000245 AETNA 000245 BLSHIELD 000245 BLSHIELD 000245 HELTHNET 000245 HELTHNET 000245 HELTBNET 000245 KAISER 000245 PACCARE 000245 PACDARE 000245 PACCARE 000245 PERB CBO 000245 PERS REV 826737 10/11/01 000283 INSTATAX (1RS) 000283 FEDERAL 826737 10/11/01 000283 INSTATAX (IRS) 000283 FEDERAL 826737 10/11/01 000283 INSTATAX (]RS) 000283 FEDERAL 826737 10/11/01 000283 INSTATAX (IRS) 000283 FEDERAL 0267~7 10/11/01 000283 INSTATAX (IRS) 000283 FEDERAL 826737 10/11/01 000283 INSTATAX (IRS) 000283 FEDERAL 826737 10/11/01 000283 INSTATAX (IRS) 000283 FEDERAL 826737 10/11/01 000283 INSTATAX (IRS) 000283 FEDERAL 826737 10/11/01 000283 IRSTATAX (IRS) 000283 FEDERAL 826737 10/11/01 000283 INSTATAX (IRS) 000283 FEDERAL 826737 10/11/01 000283 INSTATAX (IRS) 000283 FEDERAL 826737 10/11/01 000283 INSTATAX (IRS) 000283 MEDICARE 826737 10/11/01 000283 INSTATAX (IRS) 000283 MEDICARE 826737 10/11/01 000283 INSTATAX (IRS) 000283 MEDICARE 826737 10/11/01 000283 INSTATAX (IRS) 000283 MEDICARE 826737 10/11/01 000283 INSTATAX (IRS) 000283 MEDICARE 826737 10/11/01 000283 INSTATAX (IRS) 000283 MEDICARE 826737 10/11/01 000283 INSTATAX (IRS) 000283 MEDICARE 826737 10/11/01 000283 INSTATAX (IRS) 000283 MEDICARE 826737 10/11/01 000283 iNSTATAX (IRS) 000283 MEDICARE 826737 10/11/01 000283 INSTATAX (IRS) 000283 MEDICARE 826737 10/11/01 000283 INSTATAX (IRS) 000283 MEDICARE 827218 10/11/01 000444 INSTATAX (EDD) 000444 SDI 827218 10/11/01 000444 INSTATAX (EDD) 000444 SDI 827218 10/11/01 000444 INSTATAX (EDD) 000444 BDI 827218 10/11/01 000444 INSTATAX (EDD) 000444 SDI 827218 10/11/01 000444 INSTATAX (EDD) 000444 SDI 827218 10/11/01 000444 INSTATAX (EDD) 000444 SDI 827218 10/11/01 000444 INSTATAX (EDD) 000444 SDI 827218 10/11/01 000444 INSTATAX (EDD) 000444 SDI 027218 10/11/01 000444 INSTATAX (EDD) 000444 STATE 827218 10/11/01 000444 INSTATAX (EDD) 000444 STATE PAGE 2 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 190-2090 001-2090 165'2090 190-2090 280-2090 340-2090 001-2090 190-2090 001-2090 190-2090 340-2090 001-2090 001-2090 190'2090 340-2090 001'2090 001'2090 001-2070 165~2070 190'2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165'2070 190-2070 192-2070 193-2070 194'2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190'2070 193'2070 280'2070 320'2070 330-2070 340-2070 001-2070 165-2070 166.98 58.61 123.68 119.00 41.22 8.14 55.47 54.51 140.69 31.24 .36 37.77 119.46 5.42 2.32 93.56 891.45- 30,245.06 27,910.98 593.07 5,887.67 17.65 419.72 132.93 278.44 91.19 1,312.04 314.30 809.18 6,554.03 158.36 1,519.31 2.62 113.01 22.28 32.51 67.51 91.92 3.93 120.87 2.80 1.31 12.69 3.64 3.93 7,576.99 147.43 VOUCHRE2 10/11/01 11:35 VOUCHER/ CRECK CHECK NUMBER DATE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM NUMBER NAME DESCRIPTION 827218 10/11/01 000444 INSTATAX (EDD) 000444 STATE 827218 10/11/01 000444 INSTATAX (EDD) 000444 STATE 827218 10/11/01 000444 INSTATAX (EDD) 000444 STATE 827218 10/11/01 000444 INSTATAX (EDD) 000444 STATE 827218 10/11/01 000444 INSTATAX (EDD) 000444 STATE 827218 10/11/01 000444 INSTATAX (EDD) 000444 STATE 827218 10/11/01 000444 INSTATAX (EDD) 000444 STATE 827218 10/11/01 000444 INSTATAX (EDD) 000444 STATE 827218 10/11/01 000444 INSTATAX (EDD) 000444 STATE 72365 10/11/01 72366 10/11/01 003335 1ST CHOICE CONTRACTING RES IMPR PRGM:STALOWSKi,CAR 001985 A E P (ASSOC OF ERVIRO MEMBERSHIP: DEBBIE UBNOSKE 72367 10/11/01 003552 A F L A C 003552 CANCER 72367 10/11/01 003552 A F L A C 003552 CANCER 72367 10/11/01 003552 A F L A C 003552 CANCER 72367 10/11/01 003552 A F L A C 003552 CANCER 72367 10/11/01 003552 A F L A C 003552 CANCER 72367 10/11/01 003552 A F L A C 003552 EXP PROT 72367 10/11/01 003552 A F L A C 003552 EXP PROT 72367 10/11/01 003552 A F L A C 003552 EXP PROT 72367 10/11/01 003552 A F L A C 003552 HOSP IC 72367 10/11/01 003552 A F L A C 003552 STD 72367 10/11/01 003552 A F L A C 003552 STD 72367 10/11/01 003552 A F L A C 003552 8TD 72367 10/11/01 003552 A F L A C 003552 8TD 72367 10/11/01 003552 A F L A C 003552 8TD 72368 10/11/01 72369 10/11/01 72369 10/11/01 72369 10/11/01 72369 10/11/01 72369 10/11/01 72369 10/11/01 72369 10/11/01 72370 10/11/01 004148 A T & T 72371 10/11/01 72372 10/11/01 72372 10/11/01 72372 10/11/01 72372 10/11/01 72372 10/11/01 723~ 10/11/01 LONG DISTANCE SVCS:POLICE DEPT 000116 A V P VISION PLANS 000116 AVP 000116 A V P VISION PLANS 000116 AVP 000116 A V P VISION PLANS 000116 AVP 000116 A V P VISION PLANS 000116 AVP 000116 A V P VISION PLANS 000116 AVP 000116 A V P VISION PLANS 000116 AVP 000116 A V P VISION PLANS 000116 AVP 004246 ACME SCREEN PRINTING 1&2 PLACE BSKTBALL ANARD SRRTS ALMAZAN, SONDRA REFUND:DANCE-BALLROiiHARRiS 000747 AMERICAN PLANNING ASSOC MEMBERSHIP:O078234 000747 AMERICAN PLANNING A8800 MEMBERSHIP:083407 DAVID NOGAN 000747 AMERICAN PLANNING ASSOC MEMBERSHIP: MICHAEL MCCOY 000747 AMERICAN PLANNING ASSOC MEMBERSHIP: RICK RUSH 000747 AMERICAN PLANNING ASSOC MEMBERSHIP:042404 F. URBINA 004446 AMERICAN SOCIETY OF CIV MEMBERSRP:CLEMENT JIMEREZ PAGE 3 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 190-2070 1,359.04 192-2070 5.65 193-2070 102.07 194-2070 41.60 280-2070 63.31 300-2070 22.01 320-2070 280.57 330-2070 79.34 340-2070 139.43 165-199-813-5804 1,650.00 001-2330 357.70 190-2330 14.34 193-2330 14.34 194-2330 4.78 340-2330 14.34 001-2330 128.30 190-2330 55.80 320-2330 27.90 001-2330 17.50 001-2330 598.40 190-2330 155.20 193-2330 9.60 194-2330 3.20 340-2330 20.80 001-170-999-5208 102.34 001-2310 729.49 165-2310 17.60 190-2310 83.44 194-2310 1.68 280-2310 5.86 330-2310 5.58 340-2310 42.23 190-187-999-5313 405.28 190-183-4982 10.00 001-161-999-5226 195.00 001-161-999-5226 332.00 D01-161-999-5226 190.00 001-161-999-5226 186.00 001-161-999-5226 201.00 001-163-999-5226 175.00 10,058.53 1,650.00 100.00 1,422.20 102.34 885,88 405.28 10.00 1,104.00 175.00 VOOCHREZ 10/11/01 11:35 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR ITEM NAME DESCRIPTION 72374 10/11/01 003285 72374 10/11/01 003285 72374 10/11/01 003285 72374 10/11/01 003285 72374 10/11/01 003285 72374 10/11/01 003285 72374 10/11/01 003285 72374 10/11/01 003285 72375 10/11/01 002187 72376 10/11/01 003377 72377 10/11/01 000101 72378 10/11/01 004623 AMERIPRIDE UNIFORM SERV BEP MAT/TOWEL RENTAL SVCS AMERIPRIDE UNIFORM SERV SEP MAT/TOWEL RENTAL SVCS AMERIPRIDE UNIFORM BERV SEP MAT/TOWEL RENTAL SVCS AMERIPRIDE UNIFORM BERV SEP MAT/TOWEL RENTAL SVCS AMERIPRIDE UNIFORM SERV SEP MAT/TOWEL RENTAL SVCS AMERIPRIDE UNIFORM BERV SEP MAT/TOWEL RENTAL SVCS AMERIPRIDE UNIFORM SERV SEPT PW MNTC UNIFORM RENTAL AMERIPRIDE UNIFORM SERV SEPT TCSD MNTC UNIFORM RENTAL { ANIMAL FRIENDS OF TNE V CITIZEN PAID WRG AGENCY:GOL~OG ANTIQUE & COLLECTARLES TEMP HELP W/E 9/22 WYTRYKUS ADVERTISING:OLD TWN EVENTS APPLE ONE, INC. AQUA TECN ENTERPRISES CERTIF POOL OPEN TRAIN:MM/V 72379 10/11/01 001561 ARCH 72379 10/11/01 001561 ARCH 72379 10/11/01 001561 ARCH 72379 10/11/01 001561 ARCH 72379 10/11/01 001561 ARCH 72379 10/11/01 001561 ARCH SEPT PAGING/RENTAL SVCS SEPT PAGING/RENTAL SVCS SEPT PAGING/RENTAL SVCS SEPT PAGING/RENTAL SVCS SEPT PAGING/RENTAL SVCS SEPT PAGING/RENTAL SVCS 72380 10/11/01 004561 AUDIO EVOLUTION 72380 10/11/01 004561 AUDIO EVOLUTION 72380 10/11/01 004561 AUDIO EVOLUTION 72380 10/11/01 004561 AUDIO EVOLUTION 72380 10/11/01 004561 AUDIO EVOLUTION 72380 10/11/01 004561 AUDIO EVOLUTION INSTALLATION OF MOBIL PHONE INSTALLATION OF MOBIL PNONE INSTALLATION OF MOBIL PHORE INSTALLATION OF MOBIL PNORE INSTALLATION OF MOBIL PNONE INSTALLATION OF MOBIL PRONE 72381 10/11/01 004206 BANUELOS, TERESA TCBD INSTRUCTOR EARNINGS 72382 10/11/01 002541 BECKER CONSTRUCTION SRV RIBBON BARRIER REPAIR:DATE 72383 10/11/01 BERRY, SHIRLEY REFUND:SPRTS-SKYNAWKS SOCCER 72384 10/11/01 003126 BOOMG~RDEN, DENNIS TCSD INSTRUCTOR EARNINGS 72385 10/11/01 BUENO, OLGA 72386 10/11/01 72387 10/11/01 REFUND:EX TN-KNOTTS BERRY 004225 BURL SLONE COUNTRY MUSI ENTERTAINMENT:SUMMER NGHT 002099 BUTTERFIELD ENTERPRISES OCT RESTROOM FAC RENTAL:OL 72388 10/11/01 003553 C I G N A 003553 LTD 72388 10/11/01 003553 C I G N A 003553 LTD 72388 10/11/01 003553 C I G N A 003553 LTD 72388 10/11/01 003553 C I G N A 003553 LTD 72388 10/11/01 003553 C I G N A 003553 LTD 72388 10/11/01 003553 C I G N A 003553 LTD '28 TW PAGE 4 ACCOUNT NUMBER 340'199'701'5250 340-199-702~5250 190-181-999-5250 190-102-999-5250 190-104-999-5250 190-185-999-5250 001-164-601-5243 190-180-999-5243 001-161-4255 280-199-999-5362 001-162-999-5118 190-180-999-5261 001-110-999-5238 001-150-999-5250 001-170-999-5238 190-180-999-5238 001-164-601-5238 330'199-999-5250 001'165-999-5250 001'165'999'5250 001'165'999'5250 001'165'999'5250 001'165'999'5250 001-165-999-5250 190-183-999'5330 190'183'4982 190-183-999-5330 190-183-4906 280-199-999-5362 200-199-999-5234 ITEM AMOUNT 95.40 34.20 51.36 84.24 36.96 31.64 135.58 89.15 36.00 74.96 564.85 590.00 40.65 40.65 62.52 440.85 84.45 40.65 CNECK AMOUNT 558.53 36.00 74.96 564.85 590.00 709.77 57.71 38.47 57.71 38.47 57.71 38.47 288.54 170.00 170.00 4,385.00 4,385.00 25.00 25.00 244.80 244.80 35.00 35.00 50.00 50.00 826.00 826.00 001-2380 1,637.20 165-2380 39.10 190-2380 299.92 192-2380 .71 193-2380 26.38 194-2380 6.08 VOUCHRE2 10/11/01 11:35 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 72388 10/11/01 003553 72388 10/11/01 003553 72388 10/11/01 003553 72388 10/11/01 003553 72388 10/11/01 003553 72388 10/11/01 003555 72388 10/11/01 003553 72388 10/11/01 003555 72388 10/11/01 003553 72388 10/11/01 003553 72388 10/11/01 003553 72388 10/11/01 003553 72388 10/11/01 003553 72388 10/11/01 005553 72388 10/11/01 003553 72388 10/11/01 003553 VENDOR NAME C GNA C GNA C GNA GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA 72390 10/11/01 004606 CALGRAPH TECHNOLOGY SER 72391 10/11/01 004629 CALIF COMMERICAL POOLS- 72392 10/11/01 000638 CALIF DEPT OF CONSERVAT 72392 10/11/01 000638 CALIF DEPT OF CONSERVAT 72392 10/11/01 000638 CALIF DEPT OF CONSERVAT 72393 10/11/01 000152 CALIF PARKS & RECREATIO CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD VIDAR SELECT ONSITE SERVICE ACCOUNT NUMBER 280-2380 300-2380 320-2380 330-2380 340-2380 001-2500 165-2500 190-2500 192-2500 193-2500 194-2500 280-2500 300-2500 320-2500 330-2500 340-2500 320-199-999-5215 RET.TO ESCROW:CHAPARRAL POOL 210-1035 2001 3RD QTR PMT:STRONG MOTION 001-2280 2001 3RD QTR PMT:STRONG MOTION 001-2290 2001 3RD QTR PMI:STRONG MOT]ON 001-162-4229 MEMBERSHIP:LORRI ANN AMAVISCA 190-180-999-5226 ITEM AMOUNT 17.29 7.99 66.99 13.45 37.67 2,285.25 54.57 418.65 .99 36.81 8.49 24.15 11.15 93.49 18.78 52.59 1,400.00 14,214.32 1,457.47 2,820.52 213.90- 130.00 PAGE 5 CHECK AMOUNT 5,157.70 1,400.00 14,214.32 4,064.09 130.00 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 72594 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 72394 10/11/01 003554 CANADA LIFE ASSURANCE D 003554 LIFE INS 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 72394 10/11/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 72395 10/11/01 CAYLOR~ REBECCA REFUND:DANCE-BALLROOM 001-2360 154.88 165-2360 3.01 190-2360 30.76 192-2360 .08 193-2360 2.93 194-2360 .59 280-2360 1.49 300-2360 .74 320-2360 6.00 330-2360 2.25 340-2360 4.27 001-2360 671.13 165-2360 13.01 190-2360 133.26 192-2360 .33 193-2360 12.68 194-2560 2.59 280-2360 6.49 300-2360 3.24 320-2360 26.00 530-2360 9.75 340-2360 18.52 190-185-4982 5.00 1,104.00 5.00 VOUCHRE2 10/11/01 11:35 VOUCHER/ CHECK CHECK HUMBER DATE 72396 10/11/01 72396 10/11/01 72396 10/11/01 72396 10/11/01 72397 10/11/01 72398 10/11/01 72398 10/11/01 72398 10/11/01 72398 10/11/01 72398 10/11/01 72398 10/11/01 72399 10/11/01 72400 10/11/01 72400 10/11/01 72400 10/11/01 72401 10/11/01 72402 10/11/01 72402 10/11/01 72402 10/11/01 72402 10/11/01 72403 10/11/01 72404 10/11/01 72405 10/11/01 72406 10/11/01 72407 10/11/01 72408 10/11/01 72409 10/11/01 72410 10/11/01 72411 10/11/01 72412 10/11/01 72412 10/11/01 72412 10/11/01 72412 10/11/01 72412 10/11/01 72412 10/11/01 VENDOR VENDOR NUMBER NAME 004381 CENTER FOR HEALTHCARE 004381 CENTER FOR REALTHCARE 004381 CENTER FOR HEALTHCARE 004381 CENTER FOR HEALTHCARE CHINIAEFF, DENNIS 004405 COMMUNITY HEALTH CRARIT 004405 COMMUNITY HEALTH CHARIT 004405 COMMUNITY HEALTH CHARIT 004405 COMMUNITY HEALTH CHARIT 004405 COMMUNITY HEALTH CHARIT 004405 COMMUNITY HEALTH CHARIT 001193 COMP U S A INC 002147 COMPLIMENTS COMPLAINTS 002147 COMPLIMENTS COMPLAINTS 002147 COMPLIMENTS COMPLAINTS 000442 COMPUTER ALERT SYSTEMS 000447 COMTRONIX OF HEMET 000447 COMTRONIX OF HEMET 000447 COMTRONIX OF HEMET 000447 COMTRONIX OF HEMET 002571 CONCHOLA, BARBARA 001923 CONVERSE CONSULTANTS CPRS DISTRICT XI CRUZ, LYNN B. 001233 DANS FEED & SEED 001393 DATA TICKET INC DEGAETANO, MONTSERRAT 002701 DIVERSIFIED RISK 004192 DOWNS COMMERCIAL FUELIN 004192 DOWNS COMMERCIAL FUELIN 004192 DOWNS COMMERCIAL FUELIN 004192 DOWNS COMMERCIAL FUELIN 004192 DOWNS COMMERCIAL FUELIN 004192 DOWNS COMMERCIAL FUELIN CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION FIRE TRAINING PROGRAM-STH 84 TRAINING TEXTBOOK FOR STN 84 FREIGHT SALES TAX REIMG:PLANNER~S INSTITUTE IMF 004405 CHC 004405 CHC 004405 CHC 004405 CHC 004405 CHC 004405 CHC MISC COMPUTER EQUIPMENT DEPST:RACE FOR THE CUBE:10/!1 ENTERTAINMENT DEPOSIT:lO/27-28 ENTERTAINMENT DEPOSIT:DICKENS SECURITY SYS REPAIRS:MUSEUM WIRE POLICE MOTORCYCLE EQUI~ TCSD HAND HELD RADIO BATTERIES UNIDEN NICAD BATTERY APX-1100. SALES TAX ENTERTAINMENT-SR CTR ANNIV PTY JUN/JUL GEOTECH SVCS:PVMT MGMI REGION IV FOROM:FLOHR/REAVII REFUND:SECURITY DEPT MSOl-1500 PROPANE GAS:PW MNTC CREW AUG PARKING CITATION SVCS REFUND:SPORTS- MINI-HAWKS REFUHD:OVRPMT KITCHEN RENTAL SEP SPECIAL EVENTS PREMIUMS FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES PAGE 6 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 001-171-999-5261 175.00 001-171-999-5261 35.00 001-171-999-5261 10.00 001-171'999-5261 15.75 235.75 001-161'999-5272 68.71 68.71 001-2120 123.50 190-2120 5.60 193-2120 .60 194-2120 .20 330'2120 1.50 340'2120 .60 132.00 320'199'999-5242 138.15 138.15 001-150'999'5265 125.00 280-199-999'5362 150.00 280-199-999'5362 1,250.00 1,525.00 190-185-999-5212 74.68 74.68 001-170-999-5214 1,449.63 190-180-999-5242 320.00 190-180-999-5242 300.00 190-180-999-5242 46.50 2,116.13 190-181'999-5301 125.00 125.00 210-165-655-5804 4,401.00 4,401.00 190'180'999'5261 50.00 50.00 190'2900 100.00 100.00 001'170'999-5250 554.67 554.67 190'183'4982 20.00 20.00 190-184'4990 52.50 52.50 300-2180 1,010.58 1~010.58 190-1B0-999-5263 471.66 001-163-999-5263 210.02 001-161-999-5263 207.83 001-162-999-5263 181.87 001-165-999-5263 230.52 001-164'601'5263 729.81 2,031.71 VOUCHRE2 10/11/01 11:35 VOUCHER/ CHECK CHECK NUMBER DATE 72413 10/11/01 72414 10/11/01 72414 10/11/01 72414 10/11/01 72414 10/11/01 72414 10/11/01 72414 10/11/01 72414 10/11/01 72415 10/11/01 72416 10/11/01 72417 10/11/01 72418 10/11/01 72418 10/11/01 72418 10/11/01 72418 10/11/01 72419 10/11/01 72419 10/11/01 72419 10/11/01 72419 10/11/01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM NUMBER NAME DESCRIPTION DUNN~ SUSAN REFUND:SPRTS-SKYHAWKS SOCCER 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 09/21RUSN 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 09/07 THURSTON 001380 E S I EMPLOYMENT SERVIC TEMP OELP W/E 09/07 THURSTO~ 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 09/21THURSTO~ 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 09/07 VOSNALL 001380 E S 1 EMPLOYMENT SERVIC TEMP HELP ~/E 09/07 VOSHALL 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 09/07 N~SEH 003223 EDAW INC BIOLOGICAL SVCS:LONG CANYON BA 002283 EMBASSY SUITES HOTEL HTL:STAFF CERTIF TRAIN:MM/VM 002060 EUROPEAN DELI & CATERIN REFRESHMENTS:ER LUNCH 10/04~01 001056 EXCEL LANDSCAPE SEP LDSCP IMPR:LOMA LINGA PRK 001056 EXCEL LANDSCAPE SEP LDSCP IMPR:SPRTS PRK I 001056 EXCEL LANDSCAPE SEP LDSCP REPAIRS:BROKEN LINE 001056 EXCEL LANDSCAPE SEP LDSCP REPAIRS:CRC-VALVE 000478 FAST SIGNS NO OVRNGT PARKING SIGN:OLD TWN 000478 FAST SIGNS SALES TAX 000478 FAST SIGNS ADDENDUM TO RESTROOM SIGN 000478 FAST SIGNS EXHIBIT LETTERING: MUSEUM 72420 10/11/01 000165 FEDERAL EXPRESS INC 72420 10/11/01 000165 FEDERAL EXPRESS 72420 10/11/01 000165 FEDERAL EXPRESS INC 72420 10/11/01 000165 FEDERAL EXPRESS INC 72420 10/11/01 000165 FEDERAL EXPRESS INC 72420 10/11/01 000165 FEDERAL EXPRESS INC 72421 10/11/01 000166 72421 10/11/01 000166 EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES FIRST AMERICAN TITLE CO TITLE REPT:VIA MONTEZUMA/CREEK FIRST AMERICAN TITLE CO LOT BOOK REPT:STEFFEN RAI 72422 10/11/01 003347 FIRST BANKCARD CENTER XX-7824 COMERCHERO:NAT~L L 72422 10/11/01 003347 FIRST BANKCARD CENTER XX-9277 R.ROBERTS:LEAGUE COiF 72422 10/11/01 003347 FIRST BANKCARD CENTER XX-6165 YATES:IMTERVIEW PANELS 72422 10/11/01 003347 FIRST BANKCARD CENTER XX-6165 YATES:INTERVIEW PANELS 72422 10/11/01 003347 FIRST BANKCARD CENTER XX-6165 YATES:INTERVIEW PANELS 72422 10/11/01 003347 FIRST BAMKCARD CENTER XX-6165 YATE$:INTERVIEW PANELS 72422 10/11/01 003347 FIRST BANKCARD CENTER XX-6165 YATES:INTERVIEW PANELS 72422 10/11/01 003347 FIRST BANKCARD CENTER XX-0515 THORNNILL:ULI-RL PUB!LI 72422 10/11/01 003347 FIRST BANKCARD CENTER XX-0432 ELMO:ICBO CONF 72423 10/11/01 001135 FIRST CARE INDUSTRIAL M PRE-EMPLOYMENT PHYSICALS 72424 10/11/01 002982 FRANCHISE TAX BOARD - W 002982 ST GED 72425 10/11/01 GAIER~ NANCY REFUND:EX-MIRAMAR AIR SHOW PAGE 7 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 190-183-4982 25.00 25.00 001-161-999-5118 1,770.80 190-186-999-5118 2,068.80 190-186-999-5118 862.40 190-186-999-5118 1~465.60 001-161-999-5118 882.08 001-161-999-5118 1~491.43 001-161-999~5118 5~612.40 14,153.51 001-164-601-5275 1~053.26 1,053.26 190-180-999-5261 2~'3.90 273.90 001~150-999-5265 1,744.19 1,744.19 190-180-999-5212 165.00 190-180-999-5212 240.58 190-180-999-5212 65.64 190~180-999-5212 260.50 280-199-821-5802 118.58 280-199-821-5802 8.89 2B0-199-999-5362 63.81 190-185-999-5301 16.13 T51.72 207.41 001-140-999-5230 16.06 320-199-999-5230 11.00 280-199-999-5230 52.85 001-162-999-5230 7.17 190-180-999-5230 14.42 001-150-999-5230 12.92 114.42 210-165-707-5801 500.00 165-199-999~5250 150.00 650.00 001-100-999-5258 613.58 001-100-999-5258 484.40 001-150-999-5260 49.00 001-150-999-5226 150.00 190-180-999-5260 120.10 001-161-999-5260 52.90 001-111-999-5260 163.02 001-161-999-5228 72.49 001-162-999-5258 195.00 1,900.49 001-150-999-5250 25.00 25.00 190-2140 84.49 84.49 190-183-4986 50.00 50.00 VOUCBRE2 10/11/01 11:35 VOUEBER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 72426 10/11/01 72427 10/11/01 72428 10/11/01 CITY OF TEMECULA VOUCHER/CHECK RESISTER FOR ALL PERIODS VENDOR ITEM NAME DESCRIPTION 000173 GENERAL BINDING CORPORA BIRDING SUPPLIES / COPY CENTER GIBSON, JIM REFUHD:SPRTS-SKYHAWKS BOCCE 002528 GLASS BLASTERS INC CITY MUGS FOR NEW HIRES 72429 10/11/01 000177 72429 10/11/01 000177 72429 10/11/01 000177 72429 10/11/01 000177 72429 10/11/01 000177 72429 10/11/01 000177 72429 10/11/01 000177 72429 10/11/01 000177 72429 10/11/01 000177 72429 10/11/01 000177 72429 10/11/01 000177 72429 10/11/01 000177 72429 10/11/01 000177 72429 10/11/01 000177 72429 10/11/01 000177 72429 10/11/01 000177 GLENN[ES OFFICE PRODUCT OFFICE SUPPLIES:CITY MGR GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLERNIEB OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLERRIES OFFICE PRODUCT OFFICE SUPPLIES-CITY CLERK OFFICE SUPPLIES-COPY CENTEF OFFICE SUPPLIES:FINANCE OFFICE SUPPLIES:HUMAN RESOURCE OFFICE SUPPLIES:BLDG & SAFE' OFFICE SUPPLIES:MPSC OFFICE SUPPLIES:MUSEUM OFFICE SUPPLIES:TCSD GLENNIES OFFICE PRODUCT OFFICE SUPPLIES:TEE GLENNIES OFFICE PRODUCT OFFICE SUPPLIES:CRC GLENNIES OFFICE PRODUCT OFFICE SUPPLIES:POLICE DEPT GLENNIES OFFICE PRODUCT SALES TAX GLENNIEB OFFICE PRODUCT OFFICE SUPPLIES:FIRE DEPT GLENNIES OFFICE PRODUCT OFFICE SUPPLIES:RECORD MGMT GLENNIES OFFICE PRODUCT OFFICE SUPPLIEB:ECON DEVEL 72430 10/11/01 GOYAL, ALKA 72431 10/11/01 72431 10/11/01 REFUND: BEG. GYMNASTICS 004607 GRACE BUILDING MAINTENA JANITORIAL SVCB:CITY PARKS 004607 GRACE BUILDING MAINTEHA JANITORIAL SVCS:TEB POOL 72432 10/11/01 GUERRIERO, RON 72433 10/11/01 000186 HANKS HARDWARE INC 72433 10/11/01 000186 HANKS HARDWARE INC 72433 10/11/01 000186 BANKS BARDWABE 72433 10/11/01 000186 HANKS HARDWARE INC 72433 10/11/01 000186 HANKS HARDWARE IRC 72433 10/11/01 000186 HANKS BARDWARE IRC 72433 10/11/01 000186 HANKS HARDWARE INC 72433 10/11/01 000186 HANKS HARDWARE INC 72434 10/11/01 002372 HARMON, JUDY 72434 10/11/01 002372 HARMON, JUDY REIMB:PLARNER'S INSTITUTE CONF HARDWARE SUPPLIES:FIRE STN 8~ E.O.C. SUPPLIES:FANS E.O.C. SUPPLIES:WTR COOLERS SALES TAX HARDWARE SUPPLIES:CRC BARDWARE SUPPLIES:AQUATICS HARDWARE SUPPLIES:BLDG&SAFETY HARDWARE SUPPLIEB:TCSD TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 72435 10/11/01 002107 HIGHMARK IRC 002107 VL ADVAN 72435 10/11/01 002107 HIGHMARN INC 002107 VOL LIFE 72435 10/11/01 002107 HIGNMARK INC 002107 VOL LIFE 72435 10/11/01 002107 HIGHMARK IRC 002107 VOL LIFE 72435 10/11/01 002107 HIGHMARK INC 002107 VOL LIFE 72435 10/11/01 002107 HIGHMARK INC 002107 VOL LIFE 72435 10/11/01 002107 BIGBMARK IRC 002107 VOL LIFE 72435 10/11/01 002107 NIGHMARK IRC 002107 VL REVER 72435 10/11/01 002107 HIGHMARK INC 002107 VOL LIFE ACCOUNT NUMBER 330-199-999-5220 190-183-4982 001-150-999-5265 001-110-999-5220 001-120-999-5220 330-199-999-5220 001-140-999-5220 001-150-999-5220 001-162-999-5220 190-181-999-5220 190~185-999-5220 190-180-999-5220 190-184-999-5220 190-182-999-5220 001-170-999-5242 001-170-999-5242 001-171-999-5220 001-120-999-5277 001-111-999-5220 190-183-4982 190-180-999-5250 190-186-999-5250 001-161-999-5272 001-171~999-5212 001-110-999-5278 001-110-999-5278 001-110-999-5278 190-182-999-5212 190-186-999-5212 001-162-999-5242 190-180-999-5242 190-183-999-5330 190-183-999-5330 001-2510 001-2510 190-2510 193-2510 194-2510 300-2510 340-2510 001-2510 001-2510 ITEM AMOUNT 228.94 25.00 16.13 91.09 155.75 213.65 166.67 77.65 207.32 26.45 136.25 184.51 28.76 279.10 179.00 13.43 59.34 69.86 16.99 107.00 3,730.00 195.00 445.63 18.80 239.80 99.96 25.48 98.64 47.06 14.01 150.96 308.00 343.64 243.15 222.65 2.22 .74 .80 4.87 222.65 PAGE 8 CHECK AMOUNT 228.94 25.00 16.13 1,905.82 107.00 3,925.00 445.63 694,71 651.64 VOUEHRE2 10/11/01 11:35 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CNECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION 72435 10/11/01 002107 HIGHMARK INC 002107 VOL LIFE 72435 10/11/01 002107 HIGHMARK INC 002107 VOL LIFE 72435 10/11/01 002107 HIGHMARK INC 002107 VOL LIFE 72435 10/11/01 002107 HIGHMARK INC 002107 VOL LIFE 72435 10/11/01 002107 HIGHMARK INC 002107 VOL LIFE 72436 10/11/01 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 72436 10/11/01 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 72436 10/11/01 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 72436 10/11/01 000194 I C M A RETIREMENT TRUS 000194 DEF COMP ?2436 10/11/01 000194 I C M A RETIREMENT TRUS 000194 DEF COMP ?2436 10/11/01 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 72437 10/11/01 001407 INTER VALLEY POOL SUPPL 72437 10/11/01 001407 INTER VALLEY POOL SUPPL 72438 10/11/01 001186 IRWIN, JOHN 72439 10/11/01 002140 JAGUAR COMPUTER SYSTEMS 72439 10/11/01 002140 JAGUAR COMPUTER SYSTEMS 72439 10/11/01 002140 JAGUAR COMPUTER SYSTEMS 72440 10/11/01 003280 JON LASK1N BAND 72441 10/11/01 0025}'5 JONES, SUSAN W. 72441 10/11/01 002575 JONES, SUSAN W. 72442 10/11/01 003046 K F R 0 G 95.1 FM RADIO 72442 10/11/01 003046 K F R 0 G 95.1 FM RADIO 72443 10/11/01 000206 KINKOS INC 72444 10/11/01 KNIGHT, NANCY 72445 10/11/01 00~282 KNORR SYSTEMS [NC POOL SANITIZING CHEMICALS POOL SANITIZING CHEMICALS TCSD INSTRUCTOR EARNINGS NETWORK CLIENT SERVICES NETWORK CLIENT SERVICES NETWORK CLIENT SERVICES ENTERTAINMENT:SUMMER NGTS 8/ REIMB:RED/WNITE/BLUE BUNTIN6 REIMB:PATRIOTIC MUSIC FOR HC RADIO ADS:HOT SUMMER NGHTS WEBSITE:HOT SUMMER NIGHTS SUMMER NIGHTS AUCTION DOLLAR REFUND:DANCE-BALLROOM MISC POOL SUPPLIES - CRC 72446 10/11/01 000488 KNOTTS BERRY FARM 30 TICKETS:KNOTT'S SCARY FARM 72447 10/11/01 002863 LAWSON PRODUCTS INC HARDWARE PARTS FOR CATCH BASIN 72447 10/11/01 002863 LAWSON PRODUCTS INC FREIGHT 72447 10/11/01 002863 LAWSON PRODUCTS INC SALES TAX 72448 10/11/01 004412 LEANDER, KERRY D. 72448 10/11/01 004412 LEANDER, KERRY D. 72448 10/11/01 004412 LEANDER, KERRY D. 72449 10/11/01 LEE, RUTRIE LIBRARY SYSTEMS & SERVI LOWE'S 72450 10/11/01 003286 72451 10/11/01 004087 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCBD INSTRUCTOR EARNINGS REFUND:SPRTS-SKYHAWKS SOCCER SEP SVCS-LIBRARY SYSTEM AGRM VARIOUS SUPPLIES:FIRE STN 92 PAGE 9 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 190-2510 11.87 193-2510 2.22 194-2510 .74 300-2510 .80 340-2510 4.87 001-2080 2,979.22 165-2080 445.85 190-2080 506.03 194-2080 16.50 280-2080 166.79 300-2080 49.99 190-186-999-5250 177.59 190-186-999-5250 190.28 190-183-999-5330 464.00 320-199-999-5248 475.00 320-199-999-5248 1}~5.32 320-199-999-5248 166.60 10 280-199-999-5362 100.00 001-120-999-5225 53.75 320-199-999-5221 69.29 280-199-999-5362 1,020.00 280-199-999-5362 143.26 280-199-999-5362 86.00 190-183-4982 10.00 190-186-999-5212 61.30 190-183-999-5350 720.0D 001-164-601-5218 86.00 001-164-601-5218 6.01 001-164-601-5218 6.45 190-183-999-5330 208.00 190-183-999-5330 106.00 190-183-999-5330 220.00 190-183-4982 25.00 210'165-;~59-5610 416.26 486.30 4,164.38 367.87 464.00 815.00 100.00 123.04 1,163.26 86.00 10.00 61.30 720.00 98.46 534.00 25.00 416.26 VOUCNRE2 10/11/01 11:35 VOUCHER/ CHECK CHECK NUMBER DATE 72452 10/11/01 72452 10/11/01 72453 10/11/01 72453 10/11/01 72453 10/11/01 72453 10/11/01 72454 10/11/01 72455 10/11/01 72456 10/11/01 72457 10/11/01 72458 10/11/01 72459 10/11/01 72459 10/11/01 72459 10/11/01 72459 10/11/01 72459 10/11/01 72459 10/11/01 72459 10/11/01 72459 10/11/01 ?2460 10/11/01 72461 10/11/01 72461 10/11/01 72462 10/11/01 72463 10/11/01 72463 10/11/01 72463 10/11/01 72464 10/11/01 72465 10/11/01 72465 10/11/01 72466 10/11/01 72467 10/11/01 72468 10/11/01 72469 10/11/01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM NUMBER NAME DESCRIPTION 004068 MANALILI, AILEEN 004068 MANALILI, AILEEN TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 9/23 SEDLMEYER 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 9/23 SEDLMEYER 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 9/23 SEDLMEYE~ 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 9/23 MCCLANAHAN 000217 MARGARITA OFFICIALS ASS SEPT SPORTS PRGM UMPIRE SVC$ 002693 MATROS, ANDREA TCSD INSTRUCTOR EARNINGS MCCRORY, JANICE REFUND:DANCE-BALLROOM MEJ[A, YOLANDA F. REFUND:SEE.DEPOSIT:MS01-2547 003448 MELODYS AD WORKS CONSULT SVCS:O.T. HALLOWEEN 003076 MET LIFE INSURANCE COMP 003076 DENTALML 003076 MET LIFE INSURANCE COMP 003076 DENTALML 003076 MET LIFE INSURANCE COMP 003076 DENTALML 003076 MET LIFE INSURANCE COMP 003076 DENTALML 003076 MET LIFE INSURANCE COMP 003076 DENTALML 003076 MET LIFE INSURANCE COMP 003076 DENTALML 003076 MET LIFE INSURANCE COMP 003076 DENTALML 003076 MET LIFE INSURANCE COMP 003076 DENTALML MILNE, MICBELLE REFUND:SPORTS-SKYHAWKS SOCCER 001384 MINUTEMAN PRESS WINDOW ENVELOPES-CITY MGR O~:F. 001384 MINUTEMAN PRESS SALES TAX MOTT, LARA REFUND:EXCUR-MIRAMAR AIR SHOW 004522 MULLIGANS FAMILY FUN CE DAY CAMP EXCURSION/CHILD:8/~9 004522 MULLIGANS FAMILY FUN CE DAY CAMP EXCURSIOM/ADULT:8/29 004522 MULLIGANS FAMILY FUN CE DAY CAMP EXCURSION/ADDL COSTS NABINGER, DENISE REFUND:EXCUR-MIRAMAR AIR SNOW NELSON, WENDY REFUND:SEE.DEPOSIT:MS01-2525 NELSON, WENDY ADD'L ROOM RENTAL HRS NEW COVENANT FELLOWSHIP REFUND:SEE.DEPOSIT:MS01-1256 003382 O~GRADY, JAMES B. REIMB:ICMA CONF:9/23-26/01 / ] 003964 OFFICE DEPOT BUSINESS S OFFICE SUPPLIES FOR P.D. 004231 OLD TOWN JAZZ 8AND ENTERTAINMENT:SUMMER NIGHT:;/3 PAGE 10 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 190-183-999-5330 210.00 190-183-999-5330 630.00 840.00 001-163-999-5118 154.80 001-165-999-5118 154.80 001-164-604-5118 154.80 001-161-999-5118 516.00 900.40 190-187-999-5250 3,525.00 3,525.00 190-183-999-5330 211.20 211.20 190-183-4982 10.00 10.00 190-2900 100.00 100.00 280-199-999-5362 1,637.46 1,637.46 001-2340 4,352.27 165-2340 200.93 190-2340 637.33 193-2340 10.89 194-2340 5.44 280-2340 100.45 330-2340 18.15 340-2340 130.60 5,456.06 190-183-4982 25.00 25.00 001-110-999-5222 185.70 001-110-999-5222 13.93 199.63 190-183-4986 45.00 45.00 190-183-999-5340 175.50 190-183-999-5340 45.00 190-183-999-5340 85.59 306.09 190-183-4986 45.00 45.00 190-2900 100.00 190-182-4990 37.00- 63.00 190-2900 100.00 100.00 001-110-999-5258 235.18 235.18 001-170-999-5242 645.49 645.49 280-199-999-5362 350.00 350.00 VOUCHRE2 10/11/01 11:35 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE HUMBER 72470 10/11/01 002105 72470 10/11/01 002105 72470 10/11/01 002105 72470 10/11/01 002105 72470 10/11/01 002105 72470 10/11/01 002105 72471 10/11/01 002668 72472 10/11/01 004074 7247~ 10/11/01 001958 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72474 10/11/01 000249 72476 10/11/01 000580 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR NAME OLD TOWN TIRE SERVICE OLD TOWN TIRE SERVICE OLD TOWN TIRE SERVICE OLD TOWN TIRE SERVICE OLD TOWN TIRE SERVICE OLD TOWN TIRE SERVICE OMEGA LAKE SERVICES PARTY CITY OF 'EMECULA PERS LONG TERM CARE PRO PETTY CASH PETTY CASN PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PHOTO WORKS OF TEMECULA POINTS OF LIGHT FOUNDAT POLYCRAFT INC POLYCRAFT IRC POLYCRAFT IRC PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN ITEM DESCRIPTION CITY VEHICLE REPAIRS & MAIN CITY VEHICLE REPAIRS & MAIN CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT PAGE 11 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT OCT DUCK POND WATER MAINT SVCS 190~180-999-5250 RECREATION SUPPLIES FOR TCC 001'162-999-5214 61.19 190-180'999-5214 223.17 001-164-601-5214 37.50 001-164-601-5214 36.40 001-164'601-5214 31.77 340'199'701'5214 68.49 001958 PERS L-T PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASR REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT SEPT FILM/PHOTO DEV - FINAN£ 72477 10/11/01 "VOLUNTEERS FOR THE CITY" BOOK 72478 10/11/01 000252 DECALS:CHECK SYSTEM WINDOW 72478 10/11/01 000252 GRAPHICS CHARGE 72478 10/11/01 000252 SALES TAX 72479 10/11/01 000254 SEPT VAR.PUBLIC NTCS:PLANNING 72479 10/11/01 000254 VAR. RECRUITMENT ADS FOR HE AUG CELLULAR SVCS:SR VAN 72480 10/11/01 00277'6 PRIME MATRIX INC 800.00 190-184-999-5301 60.72 001-2122 83.99 001-170-999-5230 5.45 001-170-999-5221 19.95 001-170-999-5242 42.99 001-170-999-5229 30.09 001-170-999-5220 12.81 001-170-999-5242 12.89 001-170-999-5220 12.35 190-181-999-5301 38.95 190-180-999-5301 18.36 001-161-999-5222 4.74 190-185-999-5301 1.82 190-185-999-5301 21.45 001-164-601-5260 6.32 001-150-999-5260 40.00 001-100-999-5220 10.71 190-180-999-5220 41.91 190-180-999-5220 41.91 001-150-999-5260 20.96 001-164-601-5260 14.98 190-185-999-5220 12.96 001-170-999-5229 39.42 001-161-999-5260 29.03 001-111-999-5270 3.78 001-150-999-5260 42.11 001-140-999-5250 8.58 190-180-999-5228 30.25 001-170-999-5242 360.50 001-170-999-5242 58.00 001-170-999-5242 31.39 001-161-999-5256 39.00 001-150-999-5254 1,025.25 190-180-999-5208 40.01 458.52 800.00 60.72 83.99 533.01 8.58 30.25 449.89 1,064.25 VOUCHRE2 10/11/01 VOUCHER/ CHECK NUMBER 72480 72481 72482 72482 72483 72484 72485 72485 72485 72485 72485 72485 72485 72485 72485 72485 72485 72485 72485 72486 72487 72488 72489 72489 72490 72490 72491 72492 72493 72494 72495 72495 72495 72495 72495 72495 11:35 CHECK DATE 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 VENDOR NUMBER 002776 003687 004287 004287 002612 VENDOR NAME PRIME MATRIX ~C CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION AUG CELLULAR SVCS:CITY VAN QUEST ENVIRONMENTAL QUICK SET PRINTING ADDL COSTS PRINTING REWSLET QUICK SET PRIN,TING CREDIT:PMT ALREADY MADE RADIO SHACK INC MISC COMPUTER SUPPLIES RAMIL, MERCEDES REFUND:SPORTS-MINI-HAWKS 000262 RANCHO CALIF WATER DIST OCT 01-08-20110-0 MARG/PIO 000262 RANCHO CALIF WATER DIST SEPT 01-06-84860-5 PUJOL BT 000262 RANCHO CALIF WATER DIBT VARIOUS WATER METERS 000262 RANCHO CALIF dATER DIST VARIOUS WATER METERS 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 000262 RANCHO CALIF dATER DIST VARIOUS WATER METERS 000262 RANCHO CALIF dATER DIST VARIOUS WATER METERS 000262 RANCHO CALIF dATER DIST VARIOUS WATER METERS 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 000262 RANCHO CALIF dATER DIST VARIOUS WATER METERS 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 000947 RANCHO REPROGR~PHICS DUPL.BLUEPRINTS:WINCH./I-15 000266 003027 001942 001942 003277 003277 004528 001919 000645 000645 000645 000645 000645 000645 HAZ-MAT NATERIAL REMOVEL SVCS 'ER RIGHTWAY ROOFTEK S C SIGNS S C SIGNS S T A ENGINEERIING INC S T A ENGINEER!ING SAN DIEGO BANJO BAND SANDERS, PATRI;IA SENIOR CITIZENS SERVICE SHULTZ, JEANNE OCT EQUIP RENTAL-LNG CYN CREEK RES IMPRV PRGM: JONES AUG PUBLIC NTC SIGNS:PLANNING AUG PUBLIC NTC SIGNS:PLANNING DESIGN SVCS:I-15 N/B ON-RAMP DESIGN SVCS:I-15 N/B ON-RANl ENTERTAZNMENT:SMR NIGHTS:9/18 REFUND:EXCUR-MIRAMAR AIR SHIW FY 00/01 COMMUNITY SVC FUNDING REFUND:DANCE-BALLROOM SUPPLIES:RED CROSS FUNDRAISER RECREATION SUPPLIES-HIGH HO~ES RECREATION SUPPLIES-HIGH HOPES GIFT GIVING CAMPAIGN SUPPLIES GIFT GIVING CAMPAIGN SUPPLIES RECREATION SUPPLIES FOR TCC PAGE 12 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 190-180-999-5208 45.74 85.75 001-164-601-5430 340.00 340.00 001-110-999-5222 7,762.69 001-110-999-5222 6,840.68- 320-199-999-5221 214.99 190-183-4982 18.75 922.01 214.99 18.75 210-165-706-5804 10.70 280-199-999-5250 45.46 190-180-999-5240 10,966.41 190-181-999-5240 131.18 190-182-999-5240 1,827.05 190-184-999-5240 317.87 190-186-999-5240 184.42 193-180-999-5240 5,921.68 340-199-701-5240 485.43 190-185-999-5240 57.45 190-188-999-5240 87.24 001-164-603-5240 452.74 001-165-999-5250 881.14 21,368.77 001-165-999-5250 53.72 53.72 190-180-999-5238 54.38 54.38 165-199-813-5804 1,200.00 1,200.00 001-161-999-5256 350.00 001-161-999-5256 560.00 910.00 210-165-720-5802 960.00 001-164-602-5412 1,300.00 2,260.00 280-199-999-5362 250.00 250.00 190-183-4986 50.00 50.00 001-101-999-5267 5,000.00 5,000.00 190-183-4982 5.00 5.00 001-2175 75.09 190-183-999-53T3 160.72 190-183-999-5373 28.86 001-150-999-5265 18.67 001-150'999'5265 31.15 190-184-999-5301 127.96 442.45 VOUCHRE2 10/11/01 VOUCHER/ CHECK NUMBER 72496 72497 72498 72498 72498 72498 72498 72498 72498 72498 72498 72498 72499 72500 72501 72502 72503 72503 72503 72503 72504 72504 72504 72504 72504 72504 72504 72505 72506 72506 72506 72506 72506 72506 72506 72506 72506 72507 72508 11:35 CHECK VENDOR VENDOR DATE NUMBER NAME 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10111/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 SMITH, MICHAEL A. 000374 SO CALIF EDISON 000537 BO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 BO CALIF EDISON 000537 SO CALIF EDISON 000537 BO CALIF EDISON 000537 BO CALIF EDISON 000537 S0 CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000926 SO CALIF EDISON 000519 SOUTH COUNTY PEST CONTR 002015 STAR WAY PRODUCTIONS SWAIN, JANET 000305 TARGET STORE 000305 TARGET STORE 000305 TARGET STORE 000305 TARGET STORE 001547 TEAMSTERS LOCAL 911 001547 TEAMSTERS LOCAL 911 001547 TEAMSTERS LOCAL 911 001547 TEAMSTERS LOCAL 911 001547 TEAMSTERS LOCAL 911 001547 TEAJ4STERS LOCAL 911 001547 TEAMSTERS LOCAL 911 TELESIO, JOHN 000642 TEMECULA CITY FLEXIBLE 000642 TEMECULA CITY FLEXIBLE 000642 TEMECULA CITY FLEXIBLE 000642 TEMECULA CITY FLEXIBLE 000642 TEMECULA CITY FLEXIBLE 000642 TEMECULA CITY FLEXIBLE 000642 TEMECULA CITY FLEXIBLE 000642 TEMECULA CITY FLEXIBLE 000642 TEMECULA CITY FLEXIBLE 000168 TEMECULA FLOWER CORRAL 003960 TEMECULA SECURITY FENCI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION RFND:DEPOSIT:#21820 LDOl-OllGR INSTALL 3 LGHTS:MARG RD:99-11 OCT 2-17-214-0428 MEADOWS PKWY SEP 2-19-538-2262 VARIOUS MTRS SEPT 2-20-798-3248 VARIOUS MTR SEPT 2-20-798-3248 VARIOUS )TR OCT 2-02-351-5281 CRC OCT 2-02-351-5281 CRC OCT 2-01-202-7330 VARIOUS M'RS OCT 2-22-964-7466 VIA REINA OCT 2-05-791-8807 VARIOUS M'RS OCT 2-23-051-9399 MARG. PED IRRIGATION SVC:MARG.RD.:PW9901 MAINT FAC PEST CONTROL SVCS SOUND SYS SVCS:SMR CONCERTS REFUND:DANCE-BALLROOM RECREATION SUPPLIES-TEEN PRGM RECREATION SUPPLIES FOR MPSC RECREATION SUPPLIES*TEEN PRiM RECREATION SUPPLIES FOR ICC 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES REIMB:PLANNER'S INST.:3/21-24 PAGE 13 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 001-2670 995.00 995.00 210-165-706-5804 965.64 965.64 190-180-999-5319 42.85 190-180-999-5240 96.71 190-188-999-5240 66.03 190-180-999-5240 14.88 190-182-999-5240 6,911.62 190-186-999-5240 1,457.00 192-180-999-5319 33,946.75 193-180-999-5240 14.81 190-180-999-5319 3~128.80 190-180-999-5240 16.84 45~696.29 210-165-706-5804 1,049.22 1,049.22 340-199-702-5250 40.00 40.00 190-183-999-5370 3,350.00 3,350.00 190-183-4982 5.00 5.00 190-183-999-5320 45.12 190-181-999-5301 87.34 190-183-999-5320 149.80 190-184-999-5301 75.84 001-2125 663.75 190-2125 119.25 193-2125 6.75 194-2125 2.25 320-2125 67.50 330-2125 33.75 340-2125 51.75 001-161-999-5272 222.02 EMPLOYEE CONTRIBUTION TO FLEX 001-1020 EMPLOYEE CONTRIBUTION TO FL~X 165-1020 EMPLOYEE CONTRIBUTION TO FLEX 190-1020 EMPLOYEE CONTRIBUTION TO FLEX 194-1020 EMPLOYEE CONTRIBUTION TO FL~X 192'1020 EMPLOYEE CONTRIBUTION TO FLEX 193-1020 EMPLOYEE CONTRIBUTION TO FL~X 280-1020 EMPLOYEE CONTRIBUTION TO FLEX 330-1020 EMPLOYEE CONTRIBUTION TO FLEX 340-1020 SUNSHINE FUND RES IMPRV PRMG: STOKES 4,060.76 225.00 934.00 3.75 1.25 9.75 75.00 466.66 11.25 001-2170 100.94 165-199-813-5804 4,388.00 358.10 945.00 222.02 5,787.42 100.94 VOUCHRE2 10/11/01 VOUCHER/ CHECK NUMBER 72508 72509 72510 72511 72511 72511 72512 72512 72512 72512 72512 72513 72514 72515 72515 72515 72516 72516 72517 72517 72517 72517 72517 72517 72517 72517 72517 72518 72518 72518 72518 72518 72518 72518 72518 72519 72519 72519 72519 72519 11:35 CHECK VENDOR VENDOR DATE NUMBER NAME 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 10/11/01 003960 TEMECULA SECURITY FENCI 000307 TEMECULA TROPHY COMPANY 000306 TEMECULA VALLEY PIPE & 004274 TEMECULA VALLEY SECURIT 004274 TEMECULA VALLEY SECURIT 004274 TEMECULA VALLEY SECURIT 003149 TERRA CAL CONSTRUCTION 003149 TERRA CAL CONSTRUCTION 003149 TERRA CAL CONSTRUCTION 003149 TERRA CAL CONSTRUCTION 003149 TERRA CAL CONSTRUCTION 000668 TIMMY D PRODUCTIONS 002452 TOP LINE INDUSTRIAL 000320 TOWNE CENTER STATIONERS 000320 TOWNE CENTER STATIONERS 000320 TOWNE CENTER STATIONERS 003031 TRAFFIC CONTROL SERVICE 003031 TRAFFIC CONTROL SERVICE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PAGE 14 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT CREDIT:AMOUNT EXCEEDS CONTRACT 165-199-813-5804 NAMEPLATES:HAZEN/RUSB/PLANNER1 001-161-999-5222 VAR.PARKS IRRIG./MNTC SUPPLIES 190-180-999-5212 PARK SITES LOCKSMITH SERVICES 190-180-999-5212 CRC LOCKSMITH SERVICES CRC LOCKSMITH SERVICES PEGS PMT#4:VIA MONTEZUMA:99 RET.W/H PMT#4:VIA MONTEZUMA PEGS PMT#5:VIA MONTEZUMA:99 RET.W/H PMT#5:VIA MONTEZUMA 190-182-999-5212 190-182-999-5212 15 210-165-707-5804 210-2035 15 210-165-707-5804 210-2035 STOP NOTICE:ROBERTSON PW99-15 210-2038 DJ FOR TEEN ACTIVITIEB:8/26/O1 190-183-999-5320 SUPPLIES FOR PW MAINT CREWS 001-164-601-5214 FILE CABINET FOR PW MAINT DIV SALES TAX ] OFFICE SUPPLIES FOR LAND DEV SUPPLIES FOR PW MAINT CREWS SUPPLIES FOR PW MAINT CREWS 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (OEF COMP) 001065 DEF COMP 001065 U S C M WEST (OEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001-164-601-5242 001-164-601-5242 001-163-999-5220 40.00- 4,348.00 23.65 23.65 19.11 19.11 3.40 175.04 34.40 212.84 8,917.95 891.80- 5,035.00 503.50- 2~970.01- 9,587.64 225.00 225.00 83.29 83.29 150.00 11.25 56.96 218.21 000389 U S C M WEST (OBRA) 000389 PT RETIE 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIE 000389 U S C M WEST (OBRA) 000389 PT RETIE 000389 U S C M WEST (OBRA) 000389 PT RETIE 000389 U S C M WEST (OBRA) 000389 PT RETIE 000389 U S C M WEST (OBRA) 000389 PT RETIE 000389 U S C M WEST (OBRA) 000389 PT RETIE 000325 UNITED WAY 000325 UW 000325 UNITED WAY 000325 UW 000325 UNITED WAY 000325 UW 000325 UNITED WAY 000325 UW 000325 UNITED WAY 000325 UW 001'164'601'5218 251.55 001"164'601'5218 258.00 509.55 001-2080 9,922.29 190-2080 1,735.36 192-2080 2.50 193-2080 93.49 194-2080 29.50 280-2080 16.20 300-2080 88.54 320-2080 1~416.68 340-2080 145.18 001-2160 815.90 165-2160 92.78 190-2160 1,087.16 193-2160 23.38 280-2160 30.92 320-2160 105.72 330-2160 30.36 340-2160 32.88 001-2120 123.30 165-2120 7.50 190-2120 22.60 192-2120 .10 193'2120 2.20 13,449.74 VOUCHRE2 10/11/01 11:35 VOUCHER/ CHECK CHECK NUMBER DATE 72519 10/11/01 72519 10/11/01 72519 10/11/01 72519 10/11/01 72519 10/11/01 72520 10/11/01 72521 10/11/01 72522 10/11/01 72522 10/11/01 72522 10/11/01 72522 10/11/01 72522 10/11/01 72523 10/11/01 72523 10/11/01 72524 10/11/01 72525 10/11/01 72526 10/11/01 7Z527 10/11101 72528 10/11/01 72529 10/11/01 72530 10/11/01 72531 10/11/01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM NUMBER NAME DESCRIPTION 000325 UNITED WAY 000325 UN 000325 UNITED WAY 000325 UW 000325 UNITED WAY 000325 UW 000325 UNITED WAY 000325 UW 000325 UNITED WAY 000325 UW 004504 000332 VAIL RANCH SELF STORAGE AUDIO/VIDEO TAPE STORAGE VANDORPE CHOU ASSOCIATE SEPT B&S PLAN CHECK SERVICES 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004279 VERIZON CALIFORNIA INC. 004279 VERIZON CALIFORNIA INC. VIAYRAv OPHELIA VIDAL~ SHARON 002778 WEBSTERv ANDY 000339 WEST PUBLISHING COMPANY WILSON, MICHAEL WISTED~ ELENITA 003607 XPECT FIRST AID ZIMMERMAN, DAN SEP XXX-1289 PRATT SEP XXX'1408 PD SATELLITE SEP XXX'2629 NAGGAR SEP XXX-3539 GENERAL USAGE SEP XXX-5509 GENERAL USAGE OCT ACCESS-CRC OPEN PHONE LI~NE OCT ACCESS-RVSD CO OPEN LINE REFUND=EXCUR-M[RAMAR AIR SH{ REFUND=DANCE-BALLROOM REIMB=PLANNERS INST.=3/21-2~ CITY HALL LEGAL PUBLICATIONS REFUND=DANCE-BALLROON REFUND:CPR/FIRST AID TRAINING FIRST AID SUPPLIES - PW REFUND:EXCUR-MIRAMAR AIR SHOW TOTAL CHECKS PAGE 15 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 194-2120 .50 280'2120 2.50 320-2120 5.00 330-2120 5.00 340-2120 .60 169.30 001-120'999-5277 30.00 30.00 001-162-999-5248 60.00 60.00 320'199-999'5208 53.68 001'170-999'5229 314.18 320-199-999-5208 59.56 320-199-999-520B 34.14 320'199-999-5208 122.17 583.73 320-199-999-5208 345.30 320-199-999-5208 345.30 690.60 190'183'4986 50.00 50.00 190-183-4982 10.00 10.00 001-161-999-5272 109.98 109.98 001-120-999-5228 193.50 193.50 190-183'4982 5.00 5.00 190-183'4982 43.00 43.00 001-164-601-5218 48,32 48.32 190-183'4986 90.00 90.00 376,921.60 ¥OUCHRE2 10/11/01 11:59 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 545,057.46 190 COMMUNITY SERVICES DISTRICT 64,313.64 193 TCSD SERVICE LEVEL C 40,334.00 210 CAPITAL IMPROVEMENT PROJ FUND 1,058,891.32 280 REDEVELOPMENT AGENCY - CIP ?2,277.25 340 FACILITIES 541.00 TOTAL 1,781,414.67 PAGE 3 VOUCHRE2 10/11/01 11:59 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 72534 10/23/01 003376 ARTS CO~JNCIL, THE 72535 10/23/01 002541 BECKER CONSTRUCTION SRV 72536 10/23/01 004580 CALIF COMMERCIAL POOLS, 72536 10/23/01 004580 CALIF COMMERCIAL POOLS, 72537 10/23/01 004629 CALIF COMMERICAL POOLS- 72538 10/23/01 004294 DIVERSIFIED LANDSCAPE C 72539 10/23/01 004579 DON SIDELL & ASSOCIATES 72540 10/23/01 001380 E S I EMPLOYMENT SERVIC 72540 10/23/01 001380 E S I EMPLOYMENT SERVIC 72541 10/23/01 004592 ELITE BOBCAT SERVICE IN 72541 10/23/01 004592 ELITE BOBCAT SERVICE IN 72542 10/23/01 001056 EXCEL LANDSCAPE 72542 10/23/01 001056 EXCEL LANDSCAPE 72542 10/23/01 001056 EXCEL LANDSCAPE 72542 10/23/01 001056 EXCEL LANDSCAPE 72542 10/23/01 001056 EXCEL LANDSCAPE 72542 10/23/01 001056 EXCEL LANDSCAPE 72542 10/23/01 001056 EXCEL LANDSCAPE 72542 10/23/01 001056 EXCEL LANDSCAPE 72542 10/23/01 001056 EXCEL LANDSCAPE 72542 10/23/01 001056 EXCEL LANDSCAPE 72542 10/23/01 001056 EXCEL LANDSCAPE 72542 10/23/01 001056 EXCEL LANDSCAPE 72542 10/23/01 001056 EXCEL LANDSCAPE 72542 10/23/01 001056 EXCEL LANDSCAPE 72542 10/23/01 001056 EXCEL LANDSCAPE 72543 10/23/01 003286 LIBRARY SYSTEMS & SERVI 72544 10/23/01 003800 MCLAUGHLIH ENGINEERING 72544 10/23/01 003800 MCLAUGHLIN ENGINEERING 72545 10/23/01 004617 MCLAUGHLIN ENGINEERING- 72546 10/23/01 000230 MUNIFINANCIAL 72547 10/23/01 004457 R J NOBLE COMPANY 72547 10/23/01 004457 R J NOBLE COMPANY 72548 10/23/01 004572 R MOODY CONSTRUCTION IN 72548 10/23/01 004572 R MOODY CONSTRUCTION IN 72549 10/23/01 000267 RIVERSIDE CO FIRE DEPAR CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ACCOUNT HUMBER ARTS COUNCIL COMMUNITY GRANT 190-180-999-5286 CHANNEl REPAIRS:VALLEJO AVE 001-164-601-5401 SEP PRGB:CHAPARRAL POOL PW0008 210-190-170-5804 RETENTION:SEP PRGS:PWO0-08CSO 210-2035 RET.TO ESCROW:CHAPARRAL POOL 210-I035 SEP PRGS:PALA RD BRDG LBSCP 210-165-631-5804 CONST MGMT CONSULTANT:PWO0-08 210-190-170-5804 TEMP HELP W/E 09/21VOSHALL 001-161-999-5118 TEMP HELP W/E 09/21NAASEH 001-161-999-5118 SEP PRGS:STARLGHT RDG SIDEWALK 210-190-141-5804 RETEHTIOH:BEP PRGBS:STARLIGHT 210-2035 BEP LDSCP SVCS:NEIGHBORHOOD PK 190-180-999-5415 SEP LDSCP SVCS:SPORTS PARKS 190-180-999-5415 SEP LDSCP SVCS:MEDIANS 190-180-999-5415 SEP LDBCP SVCS:CRC 190-182-999-5415 SEP LDSCP SVCS:SR CENTER 190-181-999-5415 BEP LDSCP $V¢S:C.HALL/MNTC FAC 340-199-701-5415 SEP LDSCP SVCS:TCC 190-184-999-5415 SEP LDSCP SVCS:FIHE STN 84 001-171-999-5212 SEP LDSCP SVCS:OLD TWN PKLT A 001-164-603-5415 SEP LDSCP SVCS:OLD TWN STRSCPE 001-164-603-5415 SEP LDSCP SVCS:MUSEUM 190-185-999-5415 SEP LDSCP SVCS:CHILO MUSEUM 190-188-999-5415 SEP LDSCP SVCS:SOUTH SLOPES 193-180-999-5415 SEP LDSCP SVCS:NORTN SLOPES SEP LDSCP SVCS:OLD TWH PKLT B SEP SVCS-LIBHARY SYS)EM AGENT PRGS PMT#3:PVMNT MGMT:PWO0-30 RET.W/H PMT#3:PVMNT MGMT:O0 REL.TO ESCROW:PVMNT MGMT:O0 OCT-DEC TCSD ASSESSMENT ADM PRGS PMT#5:MARG RD:PW99'01 RET.W/H PMT#5:MARG RD:PW99'01 PRGS PMT#2:MPSC EXPNSN:PW99'19 RET.W/H PMT#2:MPSC EXPNSN:9119 APRIL THRU JUNE 01 FIRE SVCS ITEM AMOUNT 10,000.00 8,685.00 247,963.36 24,796.34- 24,796.34 6,310.00 11,068.66 1,608.28 6,236.00 50,055.00 2,502.75- 19,120.00 25,325.00 2,425.00 1,444.00 361.00 541.00 193.00 400.00 250.00 987.00 285.00 155.00 25,556.00 PAGE 1 CHECK AMOUNT 10,000.00 8,685.00 223,167.02 24,796.34 6,310.00 11,068.66 7,844.28 47,552.25 193-180-999-5415 14,778.00 001-164-603-5415 250.00 92,070.00 001-101-999-5285 10,796.30 10,796.30 210-165-655-5804 394,210.47 '03 210-2035 7,138.84- 387,071.63 30 210-1035 7,138.84 7,138.84 190-180-999-5370 5,005.64 5,005.64 210-165-706-5804 221,759.13 210-2035 22,175.91- 199,583.22 210-190-163-5804 69,412.50 210-2035 6,941.25- 62,471.25 001-2030 462,077.88 462,077.88 VOUCHRE2 10/11/01 11:59 VOUCBER/ CBECK CBECK NUMBER DATE 72550 10/23/01 72550 10/23/01 72551 10/23/01 72551 10/23/01 72552 10/23/01 72552 10/23/01 72553 10/23/01 72554 10/23/01 CITY OF TEMECULA VOUCHER/CNECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM NUMBER NAME DESCRIPTION ACCOUNT NUMBER 000357 RIVERSIDE CO TRANSPORTA TRAF SIGNALS:R.C.RD & BTRFLD 210'165'627-5804 000357 RIVERSIDE CO TRANBPORTA TRAF SIGNALS:R.C.RD & BTRFLD 210-165-627-5804 002181 RIVERSIDE CONSTRUCTION PRGS PMT#18:1BT ST BRIDGE:9~08 280-199-807"5804 002181 RIVERSIDE CONSTRUCTION AUG PRGSS:IST ST BRDG PW95-~8 280-199-807-5804 003366 TORAN DEVELOP. & CONSTR PRESSURE WASH-O.T. SIDEWALKS 001-164-603-5250 003366 TORAN DEVELOP. & CONSTN SAND/RESEAL OLD TOWN BOARDWALK 001'164'603'5250 004368 VALI COOPER & ASSOCIATE AUG TEMP INSPECTION SVC:LARION 001-165-999-5118 / 000341 WILLDAN ASSOCIATES lng TRAF BGNL DSGN/PALA/LOMA LINDA 001-164-602-5412 PAGE 2 ITEM CHECK AMOUNT AMOUNT 58,150.00 31,582.11 89,732.11 61,495.95 10,781.30 72,277.25 14,458.00 18~000.00 32,458.00 15,709.00 15~709.00 5,600.00 5,600.00 TOTAL CHECKS 1,781,414.67 ITEM 4 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY I; rue~l/ DIR.OF FINANCE ~---'~FiI~-- CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance October 23, 2001 Authorization to Execute the Supplement; Agreement for the Fiscal Year 2001-02 Community Development Block Grant Funds PREPARED BY: Gus Papagolos, Fiscal Services M~Jnager RECOMMENDATION: That the City Council: 1. Authorize the Mayor to execute the Supplemental, kgreement for fiscal year 2001-02 Community Development Block Grant Funds. DISCUSSION: On January 9, 2001, the City Cour cil recommended funding for fiscal year 2001-02 Community Development Block Grant (CDBG) projects. This recommendation was forwarded to the Riverside County Economic DeVelopment Agency for review and processing with the U.S. Department of Housing and ~rban Development (HUD). HUD provides CDBG funding for local projects, which meet at least one of the following nationally established goals: The activity benefits 51 percent Iow/moderate The activity aids in the prevention or eliminati The activity meets an emergent community d~ income persons; or, )n of slums or blight; or, ;velopment need. The Economic Development Agency (EDA) has processed the City's recommendation and has submitted the attached supplemental agreement for sig lature. The projects and levels of funding approved by the (EDA) are as follows: Temecula Library Outreach Program Alternatives Domestic Violence Operation School Bell Senior Citizen Emergency Food Pantry Boys and Girls Club V.I.P. Tot Home Program Support Community Access Housing Assistance YMCA Summer Camp Rancho California Sports Park ADA Acces~s School Site American Disabilities Act (AD/~) Improvement Pujol Street Sidewalk Improvements - Phase II Total CDBG Funding $ 1,934 10,000 10,000 10,000 10,000 2,000 2,000 2,000 55,000 33,000 216,689 Execution of the fiscal year 2001 02 Supplemental Agreen~ent and Sub Recipient Agreement facilitates CDBG funding for these projects. The actual CDBG award of $352,623 is $33,604 less than the projected amount approved by the City CounCil on January 9, 2001. The County Economic Development Agency (EDA) has reduced the fu~nding for the Pujol Street s~dewalk improvements by $23,604 and they did not approve the $10,000 funding of the communications project for the American Red Cross. The EDA did not !approve the American Red Cross communication project because the project could not satis[y the HUD requirement for providing a direct benefit to 51% or more the Iow and moderately Iow income persons of the community. All other projects were not affected by the reduction to the anticipated funding. · e fund forthe a roved Fiscal Impact. CDBG funds w be budgeted in a special revenu PP programs and projects. Attachment: Supplemental Agreement for the use of 2(: 01-02 year CDBG funds £ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 File: 0.505, 0.510, 0.513, 0.514, 0.517, 1.TM079, 1.TM085, 1.TM087, 1.TM088, 1.TM089, 1TM090 SUPPLEMENTAL AGREEMENT FO~ THE USE OF COMMUNITY DEVELOPMENT BLOC~ GRANT FUNDS ~oUN~YT ,0.~ aRn~V~SeID~i ~foFth~emSe~u~ ohfe ~lnifc~rl~iead, herein called, Y T , r ' "CITY," mutually agree as follows: ~ 1. GENEP~AL. COUNTY and CITY h~ve executed a Cooperation Agreement date~June 15, 1999, whereby ~iTY elected ~o participate with COUNTY, which has qualified as an ~rban County' for purposes of receiving Community Development Block Grant (CDBG) funds, and to assist and undertake essential c~mmunity development and housing assistance activities pursuan~ t to the Housing and Community Development Act of 1974, as amended, hereinafter referred to as "Act". Said Cooperation Agreement dated June 15, 1999, is incorporated herein by referencp and made a part of this Agreement as if each and every provision was set forth herein. 2. PURPOSE. CITY promises and assist with the community development urisdiction, by utilizing the sum ~ntitlement Funds,. as specifically ident agrees to undertake and activities, within its of $352,623.00, CDBG ified in Exhibits "A, B, and by C, D, E, F, G, H, I, J, and K" which are attached hereto this reference are incorporated herein, f~r the projects: 0.505 Temecula Library Outreach Program, 11,934.00. 0.510 Services to Victims and Childre~ of Domestic Violence, 0.513 Southwest County Area Operation Schtol Bell, $10,000.00. 0.514 Emergency Food and Facility Support~ $10,000.00. 0.517 Learning Connection (Boys & Girls Club), $10,000.00. -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1.TM079 V.I.P. TOTS Home Program Support $2,000.00. 1.TM085 Residential Accessibility Modification $2,000.00. 1.TM087 YMCA Summer Camp, $2,000.00. 1.TM088 Rancho California Sports Park AD Access, 1.TM089 School Site American Disabilities Act (ADA) $33,000.00. 1.TM090 Pujol Street Sidewalk CITY shall obtain Development Agency, Program (RAMP), $55,000.00. Improvements, Improvements- Phase II, $2~6,689.00. COUNTY's approval, through its Economic of the project plans and specifications prior to CITY's construction of same when a construction activity. 3. TERM OF AGREEMENT. The term of this Agreement for the projects shall be for a period of one 1) year from July 1, 2001 to June 30, 2002, and proceed consi~ tent with the completion schedule set forth in Exhibits (A, B, C, D, E, F, G, H, I, J, and K). In the event that the projects are not substantially completed by the time set forth in the completion schedule due to unforeseen or uncontrollable causes, the schedule for the completion of the project may be extended by the period of the enforced delay. TimEs of performance writing by the mutual agreement of substantial progress toward completion project consists of a completion schedule, not made during the suspend or terminate the Section titled as determined by C( term of the Supplemel this agreement by ti ,'Termination", of entitlement funds associated with the pre by COUNTY after appropriate notice is giv, -2- may also be extended in CITY and COUNTY. If in conformance with the )UNTY of the projects are ~tal Agreement, COUNTY may ~e procedures set forth in this agreement and the ects may be reprogrammed 1 2 3 4 5 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 DISPOSITION OF FUNDS. COUNTY's Board of Supervisors determine the' final dispositio~ and Ac% this shall: shall funds received by COUNTY under the provisions of Paragraphs 2 and 3 of through its Economic Development Agency distribution of all consistent with the Agreement. COIINTY, (1) Make payment of the grant funds to CITY as designat~d in Exhibits A, B, C, D, E, F, G, H, I, J, and K; (2) It is th~ CITY's responsibility to monitor the projects activity of Exhibits A, ] ensure compliance with applicable federal terms of this Agreement. CITY shall c+mply of funds by submitting monthly requests for 'disbursements of grant funds will be on made within thirty (30) days after th letter identifying payments and docul~entation which expenditures. Ail authorized oblications incurred performance of the Agreement must be reJor%ed by June 1, projects eligible under 570.201(e), Publ will directly manage and monitor proje¢ A, B, C, D, and E. These projects h~ Countywide, receiving grant funding therefore, these projects will be mana¢ COUNTY. 5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assi~stance activities, specifically urban renewal and Public assistance housing, and shall assist COUNTY in carrying out its Strategic Plan of the C~nsolidated Plan and other B, C, D, E, and F to regulations and the with timely drawdown reimbursement. All a reimbursement basis and CITY has submitted its supports in the 2002 for [c Services; 3) The COUNTY ts identified in Exhibits ve been determined to be from multiple sources; ied and monitored by the requirements of the Community Development Block Grant Program. -3- 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Purs Title 14 of the California Administrati as the lead agency for the projects tha this Agreement. 7. ~ant to Section 15051(d) of ;e Code, CITY is designated are the subject matter of HOLD HARMLESS AND INDEMNIFICATION. CITY shall comply with all applicable laws, rules and regulations, and shall indemnify, save and hold harmless COrY and its agency members and their respective agents, servants and employees of and from any and all liabilities, claims, debt, damages, demands, suits, actions and causes of action of whatso'ever kind, nature or sort including, but not by way of limitation, wrongful death, expenses of the defense ~ of said parties, and [he payment of attorney's fees, arising out of or in any m~ performance by CITY under this Agreement 8. RECORDS AND INSPECTIONS. a. CITY shall estabtist accordance with 24 CFR Part 570 and Par~ as applicable and as they relate to nner connected with the and maintain records in 85 and 0I~ Circular A-87 t~e acceptance and use of federal funds under this Agreement. b. CITY"shall maintain a Entitlement funds received as set forth E, F, G, H, I, J, and K). c. CITY shall, during the normal business hours, make available to COUNTY and to the Department of Housing and Urban Development for examination and cQpylng all of its records and other materials with respect to Ratters covered by this separate account for CDBG in Exhibits (A, B, C, D, Agreement. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 d. CITY shall not re ~in any program income as defined in Section 570.500 of Title 24 of the Federal Code of Regulations. Said program income shall be used only for the I A F th 11 activities that are the subject of thi{ greement, ur er, a provisions of this Agreement shall applyJto such activities. e. The CITY shall ensure projects that are serving limited clientele (570.208(a) (2 (i), that at least fifty- one percent (51%) of the persons benefiting from the CDBG funded activities are of low and moderate income and meet the program as Exhibits provide the d income guidelines attached J, and K). The CITY must required. k, B, C, D, E, F, G, H, 'I, rect benefit documentation FEDERAL REQUIREMENTS. CITY shall comply with the amendmen-ls thereto and the federal or her~fter enacted pursuant to CITY is to comply with those regulations found in Part 85 and Part 510 of Title 24 of the Code of Federal Regulations. CITY is to comply with OMB Circular A-87, or any subsequent replacement. CITY is ~o abide by the provisions of the Community Development Block G~ant Manual, prepared by COUNTY and cited in the above-mentioned ©ooperation Agreement. provisions of the Act and any regulations and guidelines now the Act. More particularly, 10. INDEPENDENT CONTRACTOR. CITY and its agents, servants and employees shall act at all times in an independent capacity during the term of this greem] t, and shall not act as, shall not be, nor shall they in any manner be construed to be agents, officers or employees of the COUNTY. 11. TERMINATIO__N. It a. CITY. CITY may not erminate except upon express written consent of COUNTY. -5- this Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 b. COUNTY. Notwithstanding the provisions of Paragraph lla, COUNTY may suspend or terminate this Agreement upon writtensuch action: notice to CITY of action being taken and the reason for (1) In the event CITY fails to perform the covenants herein contained at such ti~es and in such manner as ~rovided in this Agreement; and (2) In the event there is a conflict with any [ederal state or local law, o d' , r mnance, regulation or rule | rendering any of the provisions of ~is Agreement invalid or (3) In the event the funding from the Housing and Urban Development referred to in and 2 above is terminated or otherwise becomes c. Upon suspension of t2is Agreement, CITY agrees untenable; or Department of Paragraphs 1 unavailable. to return .any unencumbered funds which COU/~TY. In accepting said funds, COUNTY or cause of action it may have against Agreement. d. Upon suspension of not to incur any additional it has been provided by does not waive any claim CITY for breach of this tlis Agreement, CITY agrees cost with regard to the projects that are cited in the written notice as necessitating the suspensions. 12. NONDISCRIMINATION. 570.601 and 570.602 of Title 24 of which requires that no person in CITY shall abide by Sections the Fe~derali Code of Regulations the Un[ted States shall on the grounds of race, color, national origin, participation in, be denied the benefit~ -6- or sex, be excluded from of, or be subjected to 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 discrimination under any program or activity funded in whole ~art with Community Development funds. 13. PROHIBITION AGAINST CONFLICTS OF INTEREST a. CITY and its ass~ ~onsultants, officers and elected and become familiar with and shall comply or in shall provide COUNTY with a list of all -- appointed consultants, officers and elected and ~ decision in a position to participate in a gns, employees, agents, appointed officials shall with the CDBG regulations prohibiting conflicts of interest cont ~ined in 24 CFR 570.611, attached hereto as Exhibit "C__I" and by t~is reference incorporated herein. b. CITY and its assigns, employees, agents, consultants, officers, and elected and a~ >ointed officials shall become familiar with and shall comply ~ith Section A-11 of the Policy manual, attached ereto as Exhibit "CI" and County's CDBG incorporated herein. -- by this reference c. CITY understands an~ agrees that no waiver of exception can be granted to the prohib~tion~ against conflict of _nterest except upon written approval ~f HUD pursuant to 24 CFR ~70.611 (d). Any request by CITY for am exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611 (e) d. Prior to any funding mder this Agreement, CITY employees, agents, officials who are making process, responsibilities, ivities disclose or gain inside funded under this to COUNTY any exercise any functions or Lnformation with respect to the CDBG ac Agreement. CITY shall also promptly -7- 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 including even the appearance of conflict, respect to the CD~G activities funded under potential conflict, that may arise with this Agreement. material breach Any violation of thi~ section shall be deemed a of this Agreement, and the Agreement shall be immediately terminated by the COUNTY. 14. PRoJEC~T ELIGIB LIT__~Y. As to CITY or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the Department of Housing and Urban Development or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to receive CDBG funds. USE OF PROPERTY. ~enever federal CDBG funds are used, in whole or in part, for the purchase personal property, tX property shall not be its originally funded .se for a period of five that the City is no longer a part of the The CITY shall ~aintain an inventory for 15. or program income of equipment or transferred from (5) years from the date urban COUNTY program. COUNTY review. 16. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify and to require notify Riverside County Workforce Develc Department of Public Social Services o~ that are caused by this project. 17. PUBLICITY. Any publicity generated by CITY for the project funded pursuant ko this Agreement!, during the term of this Agreement, will make reference to the C( of Riverside Community Development Block the project possible. 18. PROGRAM MONITORING AND E~ -8- ny lessee or assignee to .merit Center/JTPA and GAIN any and all job openings ,ntribution of the County Grant Program in making ~LUATION. CITY Shall be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 monitored and evaluated in terms of it compliance with the provisions of this. efficient achievement of the Prog~ reports shall be due on the last day following the end of the quarter bein~ written reports shall include, but she following data elements: a. Title of program, description of activities/operations. b. The projected goals, also the goals achieved (for each repc identify by percentage and descriptic ~owards meeting the specified goals; ~roblems encountered in meeting goals. c. 19. ENTIRE AGREEMENT. Agreement together with the Beneficiaries Provide the following: l) 2) effectiveness and timely ~greement and the effective -am Objectives. Quarterly of the month immediately reported. The quarterly 11 not be limited to the listing of components, indicated numerically, and rt period). In addition, n, the progress achieved .dditionally, identify any Total number of dir~ct beneficiaries Percent of total number of direct beneficiaries who are: · Low and moderate ncome · Low income · Black, not Hispanic origin · White, not Hispanic origin · Hispanic · American Indian/Alaskan Native · Asian or Pacific ]slander · Female Headed Households It is e~cpressly agreed that this cooperation Agreement between the -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 parties, embodies 5he entire agreemez to the subject matter thereof, and lnderstanding, verbal or otherwise, hatter, exists between the parties at 20. MINISTERIAL ACTS. Th t of the parties in relation that no other Agreement or relative to this subject ~he time of execution. Executive Director of the 20UNTY's Economic Development Agency ir his or her designee(s) are authorized to take such ministerial artions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Agreement as it may be amended f~om time to time by COUNTY. -10- 1 2 3 4 5 7 9 10 1t 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 21. MODIFICATION OF AGREEMENT. modified or amended only by a writing sJ and empowered representative of COUNTY DATED: ATTEST: GERALD A. MALONEY Clerk of the Board Deputy (Seal) DATED: This Agreement may be ined by the duly authorized d CITY respectively. COUNTY OF RIVERSIDE By: Chairma~ ATTEST: CITY By: iR/: AA: lmv F:\Shared\CDBG\IST\TM\sup agr01\sup_agr0.505.510,513,514,517.] Board of Supervisors Temecula ~yor · tm079,085,087,088,089,090.doc EXHIBIT A Page 1 Sponsor: Address: FILE: 0.505 SUPPLEMENTAL AGREEMENT Friends of Temecula Library P.O. Box 817, Temecula, CA 92593 Project Title' Temecula Library Outreach Programl Location: 410~0 County center Drive, Temecula, C] Description: The Temecula Outreach Program Will provide access to the existing Temecula Library's collection and specialized Outreach collection for the elderly and handicapped, who desire increased access to the library. CDBG funds will be used to purchase books, upplies, material and video equipment. This project serves limited clientele; therefo] Direct Benefits needs to be filled out and Riverside EDA on a monthly basis. Should the submit a form indicating NO SERVICE. EDA will administer this project. Project Budget: Cost 1) Architect/Engineer Design Costs $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL Funding 1s= District City of Temecula Total the attached document for submitted to the County of re be no services rendered, CDBG Approved S $6,934.00__ $6,934.00 $5,000.00 $1,934.00 $6934.00 EXHIBIT B Page 1 SUPPLEMENTAL AGREEME5 Sponsor: Alternatives to Domestic Violence (ADV) FILE: 0.510 Address: P.O. Box 910, Riverside, CA 92502 D Project Title: Services to Victims and Children of omestic Violence Location: Shelter address remains undisclosed for client protection Description: ADV provides emergency shelter, transitional housing assistance, legal advocacy, crisis intervention counseling, lnformatzon and referrals to victims of domestic violence. Also, as a primary prevention s~rvice, ADV reaches out into the community bringing public awareness to the scopel of domestic violence and the services available. CDBG funds will be used for ~osts associated with expanding service- salaries/benefits, telephone, rent, equipmel~t, supplies, travel, and direct services. Emergency shelter: 50 women/75children ~(3,600 bed nights). Advocacy services: 600 new/I,200 continuing clients. Intervention/counseling services: 200 new/600 continuing clients. Community outreach: ~00 presentations. 24-hr. Hot Line: 7,000 calls. Project Budget: This project serves limited clientele; therefore, t[~e attached document for Direct Benefits needs to be filled out and submitted to th~ County of Riverside EDA on a monthly basis. Should there be no services render, d, submit a form indicating NO SERVICE. EDA will administer project. 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL Funding 1s~ District 2nd District 54 District City of Murrieta City of Temecula Total Cost $ CDBG Approved $ $41,750.00 $41,750.00 $5,000.00 $10,000.00 $10,000.00 $6,750.00 $!0,000.00 $41,750.00 EXHIBIT C Page 1 SUPPLEMENTAL AGREEMENT Sponsor: Assistance League of Temecula Valley Address: 28720 Via Montezuma, Temecula, CA 92590 FILE: 0.513 Project Title: Southwest County Area Operation Sch Location: 28720 Via Montezuma, Temecula, CA, 92590 ~ol Bell Description: The Assistance League of the Te~ecula Valley, through their Operation School Bell program, will provide low and moderate income children with shoes, six pairs of socks, six pairs of undelwear, two T-Shirts or blouses, two pairs of jeans, slacks or skirts, a sweater, heavy jacket, and a backpack (containing notebook, pencils, pens, hygiene items, and reading book). CDBG funds will be used to assist in purchasing the abo~'e items listed. This project serves limited clientele; therefor,~, the attached document for Direct Benefits needs to be filled out and submi~ ed to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. EDA will administer this project. Project. Budget: Cost 1) Architect/Engineer Design Costs $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Constr~ction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL Funding 1s~ District City of Lake Elsinore City of Murrieta City of Temecuia Total CDBG Approved $ $25,500.00 525,500.00 $5,000.00 $2,500.00 $8,000.00 $10,000.00 $25,500.00 EXHIBIT D Page Sponsor: FILE: 0.514 SUPPLEMENTAL AGREEM~T Senior Citizens Service Center Address: P.O. Box 987, Temecula, CA 92593 Project Title: Emergency Food and Facility, SuppOrt Location: 27537 Jefferson Street, Temecula, CA ~2590 Description: The Senior Citizen Service Center ~f Temecula Valley provides an emergency food program for 28,000 individuals that are homeless, elderly, or a migrant farm worker. CDBG funds will be used for program operations, food, supplies, salaries, and transportation. This project serves limited clientele; therefol Direct Benefits needs to be filled out and Riverside EDA on .a monthly basis. Should thc submit a form indicating NO SERVICE. EDA will administer this project. Project Budget: Cost 1) Architect/Engineer Design Costs $ 2) Administration Costs 3) Planning Costs 4) AcqFgisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL Funding 1st District City of Murrieta City of Temecula Total e, the attached document for submitted to the County of ~re be no services rendered, CDBG Approved $ $13,500.00 $13,500.00 SI,000.00 $2,5OO.00 $10,000.00 $13,500.00 EXHIBIT E Page 1 Sponsor: Girls & Boys Clubs Address: 28790 Pujol Street, FILE: 0.517 SUPPLEMENTAL AGREEMENT of Southwest Riverside County Temecula, CA 925901 Project Title: Learning Connection Location: 28790 Pujol Street, Temecula, CA 925901 Description: The Boys & Girls Club will use CDBG funds to provide before and after school care. Specifically, CDBG funds will be used to provide scholarships for 30 low income children a month. The facility will be open 6:30 a.m. to 6:00 p.m. Monday through Friday and coincide with track schedules for on-site transportation- · · ' - heref~ore, the attached document for This project serves l~dfl~toeul~,an~ sub~i~.tted to the County of Riverside Direct Benefits needs EDA on a monthly basis. Should there be no ~ervices rendered, submit a form indicating NO SERVICE. EDA will administer this project. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL Funding 1st District City of Murrieta City of Temecula Total Cost $ CDBG Approved $ $33,000.00 $33,000.00 $10,000.00 $13,000.00 $10,000.00 $33,000.00 EXHIBIT F Page 1 SUPPLEMENTAL AGREEME~ FILE: 1.TM079 Sponsor: V.I.P. Tots Address: 41915 E. Acacia Avenue, Hemet, CA 9254~ Project Title: V.I.P. TOTS Home Program Support Location: Family Homes of 20 to 25 clients residi!ng in Temecula Description: V.I.P. Tots was established in 1979 to meet the needs of infants and young children with disabilities. V.I.P. Tots offers a comprehensive facility that provides early intervention Jervices to children with disabilities. CDBG funds will replace worn therapy and toys used in home programs. This project serves limited clientele; thereforel, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should the~e be no services rendered, submit a form indicating NO SERVICE. Project Budget: 7) 8) 9) 10) TOTAL 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs Equipment Costs Other Costs Operation/Maintenance Contingency Cost $ CDBG Approved $ $2,ooo.oo $2,000.00 EXHIBIT F Page 2 Timetable Implementation Schedule Milestone Program Services Submit Quarterly Report (in accordance to section 18 of Supplemental Agreement) Semi-Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete Start Ds July 1, December ts !001 3, 2001 FILE: Completion Date October 31, 2001 January 21, 2002 April 30, 2002 July 31, 2002 June 1, 2002 June 30, 2002 1.TM079 EXHIBIT F Page 3 U.S. DEPARTMENT OF 'HOUSING AND URBAN DEVELOPMENT ANNUAL COPIMIINITY DEVELOPMENT PROGRAM FROM PROJECT SUPKVLARY PERIOD OF APPLICABILITY TO July 1, 2001 June 30, 2002 5. NAME OF PROJECT 6. PROJECT NUMBER 7. V.I.P. TOTS Home Program Support 1. FILE: 1.TM079 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-01-UC-06-0506 X Original (each year) Revision, Date Amendment, Date ~qVIRONMENTAL REVIEW STATUS FM079 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER V.I.P. Tots / (909) 652-7611 10. DESCRIPTION OF PROJECT: V.I.P. Tots was established in 1979 to meet the needs of infants and young children with disabilities. V.~.P. Tots offers a comprehensive facility that provides early intervention serviced to children with disabilities. CDBG funds will replace worn therapy and toys used ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (~ 11. CENSUS TRACT(S)/ENtIMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: Th/s project will childrens. 13. CDBG COMPONENT ACTIVITIES PROGR3LM Y] (List component activities using names CDBG of activities shown in Part A, COST Low/Mod Ot] S~Y, Form HUD-7067.) Benefit _n home programs. (2) (i) (B) )rovide services to 190 ~ FUNDS(in thousands of $) OTHER ~er Amount Source Benefit (a) ~ (b) (lc) (d) (e) S S Public Services $2,000.00 14. Totals $2,000.00 $ $ 15. Total Costs To Be Paid With Community Developmer Grant Funds (Sum of Columns b and c) $2,000.00 EXHIBIT G Page 1 SUPPLEMENTAL AGREEMENT FILE: 1.TM085 Sponsor: Community Access Center Address: 4960 Arlington, Suite C, Riverside, CA 92504 Project Title: Residential Accessibility Modification Proqrara (RAMP) Location: 4960 Arlington, Suite C, Riverside, C~ 92504 Description: Residential Accessibility Modification Program (RAMP) provides services that are designed to modify an individual s home so they can actively live in their community. CDBG fund~ will be used to provide assessment, assist with acquisition of services ~nd funding, and contract for home modifications. Modifications include ramps, grab bars lighted fire alarms and Braille dots. This project serves limited clientele; therefore, the attached document'for Direct Benefits needs to be filled out and ~ubmitted to the County of Riverside EDA on a monthly basis. Should the~e be no services rendered, submit a form indicating NO SERVICE. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL Cost CDBG Approved $ $2,000.00 $2,000.00 EXHIBIT G Page'2 Timetable Implementation Schedule Milestone Program Services Submit Quarterly Report (in accordance to section 18 of Supplemental Agreement) Semi-Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete Start Da ~e July 1, 2001 December 3, 2001 FILE: 1.TM085 Completion Date October 31, 2001 January 21, 2002 April 30, 2002 July 31, 2002 June 1, 2002 June 30, 2002 EXHIBIT Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM FROM PROJECT SUi~4ARY PERIOD OF APPLICABILITY TO July 1, 2001 June 30, 2002 5. NAME OF PROJECT 6. PROJECT NUMBER 7. Residential Accessibility (R3~4P) 1.TM085 Modification Program 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE Community Access Center FILE: 1.TM085 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT ~ER B-01-UC-06-0506 X Original (each year) Revision, Date Amendment, Date ~NVIRONMENTAL REVIEW STATUS Exempt ~ROJECT 9. TELEPHONE NTJMEER (909) 637-6900 10. DESCRIPTION OF PROJECT: Residential Accessibility Modification Program (RAMP) provides services that are designed to modify aK individual's home so they can actively live in their conmmunity. CDBG fUnds willI be used to provide assessment, assist with acquisition of services and fun~ing, and contract for home modifications. Modifications include ra/nps, grab bars, lighted fire alarms and Braille dots. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a 11. CENSUS TR3~CT(S)/ENI/MEP~ATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: This project will individuals. 17 CDBG COMPONENT ACTIVITIES (List component activities using names CDBG of activities shown in Part A, ~COST Low/Mod Other S~RY, Form HUD-7067.) Benefit Ben~fit (2)(i)(A) ~rovide services to 30 PROGRAM YEAR FUNDS(in thousands of $) OTHER Amount Source (a) (b) $ $2,000.00 Public Services (d) (e) $ 14. Totals $2,000.00 $ 15. Total Costs To Be Paid With Community Developmen~ (Sum of Columns b and c) $2,000.00 Grant Funds EXHIBIT H Page 1 SUPPLEMENTAL AGREEMENT Sponsor: YMCA of Riverside City & County Branch Address: 26111 Ynez, Suite B26, Temecula, CA 92~91 FILE: 1.TM087 Project Title: YMCA Summer Camp Location: Temecula Elementary School, 41951 Mora~a, Temecuta, CA Description: The YMCA will provide a day cam Temecula Elementary School. The program will b~ p.m. A variety of activities from arts & crafts funds will be used for scholarships for low/mode This project serves limited clientel'e; therefor Direct Benefits needs to be filled out and Riverside EDA on a monthly basis. Should the submit a form indicating NO SERVICE. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance t0) Contingency TOTAL Cost 92591 for Temecula residents at available from 6 a.m. to 6 to sports will offered. CDBG :ate income children. the attached document for ;ubmitted to the County of re be no services rendered, CDBG Approved S $2,000.00 $2,O0O.O0 EXHIBIT H Page 2 Timetable Implementation Schedule Milestone Program Services Submit Quarterly keport (in accordance to section 18 of Supplemental Agreement) Semi-Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete Start D~ July 1, Decembez ts 2001 FILE: 1.TM087 Completion Date October 31, 2001 January 21, 2002 April 30,' 2002 July 31, 2002 3, 2001 June 1, 2002 June 30, 2002 EXHIBIT H Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMI~LrNITY DEVELOPMENT PROGRAM FROM PROJECT SUM~D~RY PERIOD OF APPLICABILITY TO July 1, 2001 June 30, 2002 5. NAME OF PROJECT YMCA Summer Ca/ap 6. PROJECT N73MBER 7. 1.TM087 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE YMCA of Riverside City & County Branch 10. DESCRIPTION OF PROJECT: The YMCA will provide at Temecula Elementary School. The prograph will be A'variety of activities from arts & crafts to spoz be used for scholarships for low/moderate income ch~ ELIGIBILITY: 570.201 .(e) BENEFIT: 570.208 11. CENSUS TRACT(S)/ENUMER3~TION DISTRICT(S) FILE: 1.TM087 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-01-UC-06-0506 4 o X Original (each year) Revision, Date Amendment, Date ENVIRONMENTAL REVIEW STATUS Exempt ~ROJECT 9. TELEPHONE NLTMBER (909) 677-9622 day camp for Temecuta residents available from 6 a.m. to 6 p.m. ts will offered. CDBG funds will ldren. (2) (i} 12. ANTICIPATED ACCOMPLISHMENTS: CDBG COMPONENT ACTIVITIES This project Will ~rovide services to 41 chidren. PROGRAM Y ,E~R FUNDS(in thousands of $) OTHER Amount Source er efit 13. (List component activities using names CDBG of activities shown in Part A, COST Low/Mod S~Y, Form HUD-7067.) Benefit Otk Bem (a) (b) ~) (d) (e) $ $ Public Services $2,000.00 14. Totals $2,000.0~ $ $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $2,000.00 EXHIBIT I Page 1 FILE: 1.TM088 Sponsor: Address: City of Temecula SUPPLEMENTAL AGREEMENT P.O. Box 9033, Temecula, CA 92589 Project Title: Rancho California Sports Park AD~ Access Location: Rancho California Sports Park Description: The City of Temecula will install California Sports Park to help bring the faci] accessibility requirements. The ADA access mandated standards. CDBG funds will be used walkways to ball fields. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL concrete sidewalks at Rancho Cost $ ity into compliance with ADA will comply with federally to construct ADA accessible CDBG Approved $ $55,000 $55,000.00 EXHIBIT I Page 2 Timetable Implementation Schedule Milestone Prepare Plans & Specifications Bid Documents & Review' Bid Advertisement, Bid Review & Award Construction Notice of Completion Start Di.te July 1, Decemb, March 2C 2001 2001 02 FILE: t.TM088 Completion Date November 1, 2001 February 2002 May 2002 June 2002 EXHIBIT I Page 3 FILE: 1.TM088 U.S. DEPARTMENT OF HOUSING A-ND URBAN DEVELOPMENT ANNUAL COMMI/NITY DEVELOPMENT PROGRAM FROM PROJECT S~RY PERIOD OF APPLICABILITY TO July 1, 2001 June 30, 2002 NAME OF APPLICANT County of Riverside APPLICATION/GRANTArtrMBER B-01-UC-06-0506 X Original (each year) Revision, Date Amendment, Date 5. NAME OF PROJECT 6. PROJECT NIIFfBER 7. Rancho California Sports 1.TM088 Park ADA Access 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE City of Temecula 10. DESCRIPTION OF PROJECT: The City of Temecula w Rancho California Sports Park to help bring the f accessibility requirements. The ADA access will standards. CDBG funds will be used to construct fields. ELIGIBILITY: 570.201 (c) BENEFIT: 570~208 (a 11. CENSUS TRACT(S)/ENLIMER_ATION DISTRICT(S) ~NVIRONMENTAL REVIEW STATUS Categorically excluded IROJECT 9. TELEPHONE NUMBER (909) 694-6480 11 install concrete sidewalks at ~cility into compliance with ADA comply with federally mandated ~DA accessible walkways to ball (2)(ii) 12. ANTICIPATED ACCOMPLISHMENTS: individuals. 13. CDBG COMPONENT ACTIVITIES (List component activities using names of activities shown, in Part A, SUPRVLARY, Form HUD-7067.) CDBG COST Low/Mod Oth r Benefit Ben~fit This project Will provide services to 500 PROGRAM YE~ FUNDS(in thousands of $) OTHER Amount Source (a) (b) ~) (d) (e) $ $ $ Public Facilities $55,000.00 14. Totals 5~5,000.00 $ $ 15. Total Costs To Be Paid With Com/nunity Developmen~ (Sum of Colu/nns b and c) $55,000.00 Grant Funds EXHIBIT J P~age 1 SUPPLEMENTAL AGREEMt~T Sponsor: City of Temecula Address: P.O. Box 9033, Temecula, CA 92589 Project Title: School Site American Disabilitie~ Location: Temecula Middle School (TMS)-42075 Me~ 92592 FILE: 1.TM089 Act (ADA) Improvements dows Parkway, Temecula, CA Description: have entered accessible pathways to various locations on Ter field. CDBG funds will be used to construct railing at specific locations near the field. Project Budget: The City of Temecula and the TemEcula Unified School District into a joint use agreement. Ti project will provide ADA 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs ~ 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL ~cula Middle School athletic concrete walkways and hand Cost $ CDBG Approved $ $33,000.00 $33,000.00 BXHIBIT J Page 2 Timetable Implementation Schedule Milestone Prepare Plans & specifications Bid Documents & Review Bid Advertisement, Bid Review & Award Construction Notice of Completion Start Da July 1, December March 20 ts 2001 2001 02 FILE: 1.TM089 Completion Date November 1, 2001 February 2002 May 2002 June 2002 EXHIBITJ Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COUIMUNITY DEVELOPMENT PROGRA~ FROM 3 o PROJECT SUMMARY PERIOD OF APPLICABILITY TO July 1, 2001 June 30, 2002 5. NAME OF PROJECT 6. PROJECT NUMBER 7. School Site American 1.TM089 Disabilities Act (ADA) Improvements 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE City of Temecula 10. DESCRIPTION OF PROJECT: The City of Temecula District have entered into a joint use agreemen FILE: 1.TM089 1o NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NLrMBER B-01-UC-06-0506 X Original (each year) Revision, Date Amendment, Date L~VIROAIMENTAL REVIEW STATUS Categorically excluded 'ROJECT 9. TELEPHONE NL~MBER (909) 694-6480 and the Temecula Unified School The project will provide ADA accessible pathways to various locations on Temecula Middle School athletic field. CDBG funds will be used to construct concrete walk~ays and hand railing at specific' locations near the field. ELIGIBILITY: 570.201 (c) BENEFIT: 570.208 (a) (2) (ii) 11. CENSUS TRACT(S)/ENLrMERATION DISTRICT(S) 12. A/~TICIPATED ACCOM~LISHMENTS: This project will individuals. 13. CDBG COMPONENT ACTIVITIES PROGRAM (List component activities using names CDBG of activities shownn in Part A, COST Low/Mod Otb SUMlVzAR¥, >rovide services to 330 ~ FUNDS(in thousands of $) OTHER er Amount Source Form HUD-7067.) Benefit Ben'fit (a) (b) S S (d) (e) S Public Facilities $33,000.Q0 14. Totals ~ $33,000.1© $ $ 15. Total Costs To Be Paid With Cormmunity Developmenl Grant Funds (Sum of Columns b and c) $33,000.00 EXHIBIT K Page 1 FILE: 1.TM090 SUPPLEMENTAL AGREEMENT Sponsor: Redev. Aqency of the City of Temecula Address: P.O. Box 9033, Temecula, CA 92589 Im I Project Title: Pujol Street Sidewalk provements- Phase II Location: Pujol Street between First and Sixth S~reet Description: Pujol Sixth Street between Pujol St. and Felix, west funds will be used for construction of curbs, improvements. Project Budget: Street Sidewalk Improvements ~ill run on the north side of °r Felix, north of Sixth. CDBG g~tters, sidewalks and parkway Cost 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL CDBG Approved $ $216,689.00 $216,689.00 EXHIBIT K Page 2 Timetable Implementation Schedule Milestone Prepare Plans & Specifications Bid Documents & Review Bid Advertisement, Bid Review & Award Construction Notice of Completion FILE: 1.TM090 Start D~te July 1, 2001 Decembel 2001 March 2( 02 Completion Date November 1, 2001 February 2002 May 2002 June 2002 EXHIBIT K Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FROM ANNUAL COMMUNITY DEVELOPMENT PROGRAM FILE: 1.TM090 1. NAME OF APPLICANT County of Riverside PROJECT SUFiMARY PERIOD OF APPLICABILITY TO July 1, 2001 June 30, 2002 2. APPLICATION/GRANT NUMBER B-0t-UC-06-0506 X Original (each year) Revision, Date Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. Pujol Street Sidewalk 1.TM090 Improvements-Phase II 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE City of Temecula 10. DESCRIPTION OF PROJECT: Pujol Street Sidewalk I side of Sixth Street between Pujol St. and Felix, .NVIRONMENTAL REVIEW STATUS Categorically excluded ROJECT 9. TELEPHONE NUMBER (909) 694-6412 ~provements will run on the north west of Felix, north of sixth. CDBG funds will be used for improvements. ELIGIBILITY: 570.201 (c) construction of curbs gutters, sidewalks and parkway BENEFIT: 570.208 (a (1) (i) 11. CENSUS TRACT{S)/ENUMERATION DISTRICT(S) 432.05 low/mod target area survey 12. ANTICIPATED ACCOMPLISHMENTS: This project will residents. 13. CDBG COMPONENT ACTIVITIES PROGRAM YE (List component activities using names CDBG of activities shown in Part A, COST Low/Mod Oth SUMMARY, Form HUD-7067.) Benefit Ben :rovide services to 1774 %R FUNDS(in thousands of $) OTHER ~r Amount Source ~fit (a) {b) ~) (d) (e) $ $ $ .. Public Facilities $216,689.00 14. Totals ~y $216,689.t0 $ $ 15. Total Costs To Be Paid With Communi Developmen. Grant Funds (Sum of Columns b and c) $216,679.00 {~) 570.611 Conflict of interest. (a) Applicability. In the procurement services by recipients, § 570.204(c)), Circular A 110, EXHIBIT CI , page 1 of 4 of supplies, equipment, construction, and and by subrecipien~s (including those specified at the conflict of interest provisions in 24 CFR 85.36 and OFiB respectively, shall apply. (2) In all cases provisions of and disposition of real property and the recipient, by its subrecipients, or to ir private entities under eligible activities (e.g., rehabilitation, preservation, and properties or facilities pursuant to § 570 assistance to businesses, individuals and to § 570-203, § 570.204 or § 570.455). not governed by 24 CFR 85.B6 and OMB Circular A-il0, the this section shall apply. Sush cases include the acquisition (b) Conflicts .prohibited. Except for salaries and other related administrative rule is that no persons described in par exercise or have exercised any functions to CDBG activities assisted under this pa provision of assistance by the dividuals, businesses and other which authorize such assistance other improvements of private 202, or grants, loans and other other private entities pursuant the use of CDBG funds to pay or personnel costs, the geDeral ~graph (c) of this section who r responsibilities with respect zt 6r who are in a position to participate in a decision making, process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with r~spect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or fo~ one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shail cover any such interest or I , benefit during, or at any time after, such person s tenure. (c) Persons covered. :The conflict of i~terest provisions of paragraph (b) of this section apply to any perso consultant, officer, or elected official recipient, or of any designated public ag are receiving funds under this part. (d) Exceptions: threshold requirements. recipient, HUD may grant an exception to of this section on a case-by,case basis who is an employee, agent, or appointed official of the encies, or subrecipients which Upon the written request of the he provisions of paragraph (b) len it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recip~ent's program or project. exception may be considered only after t~e recipient has provided the following: ] A disclosure of the nature of the[conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and Prohibit[on Against Conflicts of Interest EXHIBIT CI, page 2 of 4 (e) (2) An opinion of the recipient's attorne~ that the interest for which the exception is sought would not Violate State or local law. Factors to be considered for exceptions. Ih determining whether to grant a requested exception after the recipient has satisfactorily met the requirements cumulative effect of of paragraph (d) of this section, HUD shaltlconsider the the following factors, where applicable: . (1) Whether the exception would provide Ja significant essential degree of expertise to th' program or otherwise not be available; Whether an opportunity was provided fc negotiation; Whether the person affected is a me~ moderate income persons intended to be activity, and the exception will perm~ the sa_me interests or benefits as are to the group or class; (2) (3) (4) (5) (6) (7) cost benefit or an project which would open competitive bidding or ~r of a group or class of low or the beneficiaries of the assisted t such person to receive generally being made available or provided ~qhether the affected person has withd~a~zn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question! ] Whether the interest or benefit was p~esent before the affected person was in a position as described in paral~raph (b) of this section; ] Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and Any other relevant considerations. TOPIC: CONFLICT OF INTEREST CODED RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 Prohit Exhibi This Conflict of Interest Code is written to comp] ition Against Conflicts of Interest CI, page 3 of 4 Community Dvlpmt. Block Grant Policy Manual I.D. # A-Ii (pg. 1 of 2) with Federal Regulations (24 CFR 'ements for Grants and Cooperative Indian Tribal Governments" require tten code of standards of conduct :d in the award and administration participate in the selection, in supported by Federal Funds if a ~lved. Part 85). These Regulations. "Administrative Requi~ Agreements to State, Local and Federally Recognized that grantees and sub-grantees will maintain a wri governing the performance of their employees engag~ of contracts. 1) No employee, officer or agent of the grantee sha] the award or in the administration of a contract conflict of interest, real or apparent, would be inv 2) Such a conflict will arise when: i) The employee, officer or agent; ii) Any member of the immediate family; iii) His/Her partners, or; iv) An organization which employs, or is ~bout to employ any of the above has a financial or other interest in the film's selection for award. 3) The grantee's or sub-grantee's officers, emploYes or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to sub-agreements except as noted in Section 4. 4) A grantee's or sub-grantee's officers, employees 9r agents will be presumed to have a financial interest in a business if their financia~ interest exceeds the following: ] i) Any business entity in which the official has a direct or indirect investment worth one thousand dollars ($1,~00) or more. ii) Any real property in which the official has a direct or indirect interest worth one thousand dollars ($1,000) or more. TOPIC: CONFLICT OF INTEREST CODE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 iii) Prohit Exhibi ition Against Conflicts of Interest CI, page 4 of 4 Community Dvlpmt. Block Grant Policy Manual I.D. # A-Il (pg. 2 of 2) Any source of income, other than gifts an~ lending institution in the regular course the public without regard to official sta dollars ($250) or more in value provided ~ official within 12 months prior to the time iv) v) Any business entity in which the official trustee, employee, or holds any position of Any donor of, or any intermediary or agen' aggregating two hundred fifty dollars ($2! received by, or promised to the official when the decision is made. 5) For purposes of Section 4, indirect investment other than loans by a commercial of business on terms available to ~us, aggregating two hundred fifty o, received by or promised to the when the decision is made. is a director, officer, partner, management. for a donor of, a gift or gifts ,0) or more in value provided to, ithin 12 months prior to the time or interest means any investment or interest owned by the spouse or dependent child of an official, by an agent on behalf of an official, or by a business entit~1' or trust in which the official, the official's agents, spouse, and dependent hildren o~ directly, indirectly, or beneficially a 10-percent i. nterest or more. ITEM 5 TO: FROM: DATE: SUBJECT: CITY OFTEMECUL~ AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance~~0'~ Howard Windsor, Acting Fire Chief-- October 23, 2001 Amendment to Fire Protection Agreement fo APPROVAL CITY ATTORNEY DIR.OFFINANCE CITY MANAGER . Fiscal Year 2001-02 RECOMMENDATION: That the City Council approve thb amended Exhibit "A" to the Fire Protection Agreement for Fiscal Year 2001-02. BACKGROUND: On September 25, 2001, the City Council approved the funding of the Vail Ranch Interim Fire Station (Station #92). The operating costs ~f this station for the remainder of this fiscal year is estimated at $561,357. This station will add I1 Fire Captain, 1.6 Fire Apparatus Engineers and 5.2 Firefighters for a total of 8 new positions. The California Department of Forestry and Fire Protection (CDFFP)/Riverside County Fire Department has provided the City with an amended schedule of contract staffing costs (exhibit "A") to the Fire Protection Agreement for City Council approval. The interim station will be located on the north side of OverlanFI Trail east of Redhawk Parkway. A permanent fire station to serve area residents in Vail Ranch has been conditioned in the Wolf Creek Specific Plan. Staff anticipates that the interim station will b~ in place for approximately 24 to 36 months until such time as the permanent station is built. FISCAL IMPACT: The additional cost associated with this ~mendment is $561,357 for the fiscal year 2001-02. Adequate funds have been appropriated in the fiscal year 2001-02 Fire Services budget. Attachment: Exhibit "A" - Contract Staffing Costs Agreement for Fire Protection Services R:~Caravelli DenJse~AGENDAS\01A§enda\Fire Service Contract amendm nt.doc 10/01/2001 TEMECULA STAFFING LEVEL FISCAL YEAR 2001/2002 - 3 PERSON ENGINE CO. PARAMEDIC TEAM - 4 PERSON TRUCK CO. "SHOWING NEW STATION" SERVICE DELIVERY COST STA. #12 250,875 STA. #73 262,312 STA. #84 253,778 STA. #92 (8 MONTHS) 169/18~ STA. ~ Paramedic Team SERVICE DELIVERY COST STA ~83-50% 131,156 TRUCK COMPANY (50%) 1 - BATrALION CHIEF I - FIRE MARSHALL (B/C) 4 - FIRE SAFETY SPEC. 2 - FIRE SYSTEMS INSP. 3 - CAPT. 140,510 TOTAL DOLLARS FOR STAFFING TEMECULA TAX CREDIT NET CITY BILLING TAX CREDIT: FIRE TAXES REDEV. TAXE,~ TOTAL SERVICE DELIVERY COSTS: SUPPORT SERVICES Administration Fire Prevention Automotive Dispatch Training Data Proceasing Haz. Materials Team Communications Accounting Personnel Publio Affairs Procurement Volunteer Support Emergency Services 1 - CAPT. 5.2 1.6 - ENG. FF II 224,076 /364,181 130,402 364,181 224,076 364,181 149,384 242,788 I - ENG. PIM 5 - F~ 11 P/M 1 - CAPT. 6.0 2.0 -ENG. 128,338 210,105 SUBTOTAL 3 - ENG. 6 - FF II's 122,252 210,105 64,900 lEA SUBTOTAL 2,210,665 164,470 2,375, t35 OPERATING SEI VICES Telephone Radio Maintena ce Facility Maintenance Utilities . I Vehicle Mmntenance Fire Engine ~ F re Engine Maint. F~re F~ht ng Equ p. Training F rst Aid Supplies Office Supplies~Equip. CAPITAL EQUIP~IENT ' Fire Engines EXHIBIT"A"- AMENDED OCTOBER 23, 2001 "ESTIMATE" TOTAL 839,132 756,896 842,035 561,357 453,483 469,599 $3,922,502 TOTAL 472,867 120,384 120,384 227,150 111,000 $1,051,786 $4,974,288 (2,375,135) 2,599,153 1 § 8 9 10 11 14 15 16 17 18 19 27 A COOPERATIV] AGREEMENT TO PROVIDE FIRE PROTECTION, F~RE PREVENTION, RESCUE, AND MEDICAL AID FOR THE CITY OF ~EMECULA THIS AGREEMENT, made a~ entered into this 2$th day of Ap~l, 2000 , by and bletween the County o~ Riverside, hereinafter called "County", and the City of TEMECULA hereinafter called "City", whereby it is agreed as follows: ' PURPOSE The purpose of the Agreement ts to arrange for the County, through its Cooperative Agreement With the State of California, to provide the City with fire protection, fire prevention, rescuer.and medical aid services, herein after called fire pro~ect~on servIces. This Agreemeht is entered into pursuant to the authority granted by Governmen~ Code Sections 55603, 55603.5, 55632, 55606 and 55642, and will b~ mutually advantageous to the City and the County in that it will and will provide a unified, cooperative, integrated, and effective fire protection, rescue, and medical aid system to protect .ives, property and natural resources. II COUNTY IN CHARGE A. The County Fire Chic shall represent both parties during the.period of this Agreemen~ and that Officer shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit "A", attached hereto an~ made a part he~eof, for the purpose of providing fire protection services as deemed necessary to satisfy the needs of both the County and o~ the city, except upon those lands wherein other agencies of government have responsibility for the same or similar fire protection services. B. The County will provide the services (at the levels specified in Exhibit "A") in return for the payments made by the City under Paragraph III. c. The County will be allowed flexibility in the assignment of available personnel a~d equipment in order to provide the fire protection ' ~ services, rescue and'medical aid services as agreed upon herein. /// /// 1 4 ? 8 9 10 11 15 14 15 16 17 18 19 D. The County provides contract with the California Dep~ Protection and if during the ter~ desire a reduction in STATE civil the organization provided for in one hundred twenty (120) days wri fire personnel thru its rtment of Forestry and Fire of this agreement City shall service employees assigned to Exhibit "A", City shall provide tten notice of the requested reduction. Proper notification hall include the following (1). The total amount of reduction; (2i) The firm effective date of the reduction; and (3) The number of ~mPloyees, by classification, affected by a reduction. If suchl notice is not provided, City shall reimburse County for relocation costs incurred by STATE because of.the reduction. Personhel reductions resulting solely due to.an increase in STATE employee salaries or STATE expenses occurring after signing this agreement and set forth in Exhibit "A" to this agreement shall not b~ subject to relocation expense reimbursement by City. E. The City shall appoint the County Fire Chief referred to under Paragraph A. above, to be the City Fire Chief. III PAYMENT FOR SERVICES A.. The City has appropriate a sum of money to provide fire protection services within the area of responsibility of the City for the period from the date of execution of this Agreement to June 30, 2000 . B. The County shall make a claim to the City for the cost of contracted services-as sh6wn on Exhibit "A" during each of the following periods: (1) Ju~y 1 through September 31, claim in October; (2) October 1 throug~ December 31, claim in January; (3) January 1 through M~rch 31, c~aim in April; and (4) April 1 through June 30, claim in April for estimated cost of services, with final reconciliation to actual costs resulting in an additional claim or refund to C~t~, in July. City shall pay each claim within fifteen (15) days after receipt thereof. The County shall allow a credit to each clai~ in the amount of 25% of the Structural Fire Taxes as determined by County to be collected in each Fiscal Year of this Agreement. The allowed credit shall not exceed the cost of contracted services. c. Any change of the s in said Exhibit "A" made necessar~ or any other public agency with au alaries or expenses set forth by action of the Legislature thority to direct changes in the level of salaries or expenses, shall be paid from the funds represented therein or as on said Exhibit "A". There shall be no obligation on the part of the City,to expend or appropriate any sum in excess of the total of of Exhibit "A" which exceeds the appropriation of the City for the purposes of the Agreement. If within thirty (30) days after notice, in writing, from the County to the City that the actual cost maintaining the services III 1 4 5 6 7 8 9 10 11 12 13; 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 specified in Exhibit "A" as a resu2t of Legislative or other ctlon will exceed the total amoun~ specified therein, and the City has failed to agree to make a~ailable th? necessary additional funds, the County shall Ihave the right to ~educe the services furnished under this Agreement by an appropriate amount and ~hall promptly notify the City,I in writing, specifying the services to be reduced. If City dE'sires to add funds to the total included herein to cover the cost of increased salaries or services, such increase shall be ac this Agreement approved by the part A. The IV HOLDING initial term of t , to June 30, Z00~ complished by an amendment'to ies hereto. )VER his Agreement shall be from July 1, 1999 Either party to this Agreement may terminate this Agreement by providing a written notice of termination to the other party hereto twelve (12) months prior to the expiration of t~e term hereof. In no event shall this Agreement be terminated ~y either party prior to June 30, 2002 . If no written notice of termination is received by either party prior to J~ne 30, 2002 , this Agreement shall be automatically renewed at the same level of service, but at the level of expens~ in effect for the year of renewal, and otherwise on the same terms and conditions herein specified, so far as applicable until: (1) A new Agreement{is fully executed, or (2) Termination of She Agreement following twelve (12) months prior written B. This Agreement may be of the parties any time after June C. Nothing herein shall City's compliance with Government C( notice of termJ ~ation, or (3) New Exhibit "A' is mutually agreed to by and between the parties. terminated by mutual consent ], 2002 ,e constructed as excusing ,de Section 25643. gRATIONS V COOPERATIVE OP Ail fire protection, rescue, and medical aid work contemplated under this Agreement shallJ be done by both parties to this Agreement working as one un~; therefore, personnel and equipment, regardless of whether th~'y are included in Exhibit "A" may be temporarily dispatched elsew ere from time to time for III 3 1 2 $ 4 5 6 7 8 9 10 11 12 15 16 17 18 19 2O 21 22 24 25 26 28 mutual aid. Coverage will be provided to City following the County's standard move-up and cove~ procedures. VI MUTUAL When rendering mutual ai AID or assistance as authorized in Section 13050 and 13054, Health and Safety Code, the County may demand payment of charges and ~eek reimbursement of City costs for personnel as funded here~n, under authority given by Section 13051 and 13054, Health an~ Safety Code. The County in seeking said reimbursement will represent the City in following the procedures set forth in Sectioh 13052, Health and Safety Code. Any recovery of City costs, less collection expenses, will be credited to the City. VII PROPERTY ACCOUNTING All personal ro ert I . P P ¥ prqvided by Agency and by the County for the purpose of prov~dinq fire protection and rescue services under the terms of this A 'reement shall be marked and accounted for by the County Fire Clief in such a manner as to conf~rm ~o the standard operating ~rocedure established by the County Fire Department for the seglegation, care, and use of the respective property of each. VIII INDEMNIFICATION · A. Cit~ shall indemnify and hold County, its officers, agents, employees and independent contractors free and harmless from any claim or lia~ilit~ whatsoever, based or asserted upon any act or omission of City, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury or d~th ~r any other element of damage of any kind or nature, occurring in the performance of this Agreement between the parties hereto to the extent that such liability is imposed on the County )y the provisions of Section 895.2 of the Government Code of the shall defend at its expense, includ its officers,.agents, e~ployees and any legal action or claim of any acts or omissions. State of California, and City lng attorneys fees, County, independent contractors in ~d based upon such alleged B. County shall indemnif, and hold City, it officers, agency, employees and independent ¢$ntractors free and harmless from any claim or liability i whatsoever, based or asserted upon /// 4 1 2 3 4 6 ? 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 any act or omission of County, it 3fficers, agents, employees, subcontractors and independent con~ractors, for property damage, bodily injury or death or any other element of damage of any kind or nature, occurring in the performance of this Agreement between the parties hereto to the extent t~at such liability is imposed on the City by the provisions of Section 895.2 of the Government Code of the State of California, a~d County shall defend at its expense, including attorney fees, 2ity, its officers, agents, employees and independent contract in any legal action or claim of any kind based upon such allege~ acts or omissions. IX DELIVERY OF Any notices to be served shall be considered delivered when mail and addressed to: COUNTY County Fire Chief 210 W. San Jacinto Ave. Perris, CA 92370 NOTICES pursuant to this Agreement deposited in the United States CITY OF TEMECULA City Manager 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92590 Provisions of this secti(,n do not preclude any notices being delivered in person to the addresses shown above. X ENTIRE CONTRACT Thi? contract is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and'as a complete and exclusive statement of the terms and conditions thereo~ and supersedes any and all prior contemporaneous agreements and understandings, oral or written, in connection therewith, iThis contract may be terminated, changed, or modified o~ly upon the written consent of the parties hereto. IN WITNESS w~EREoF, the d~ly authorized officials' of the parties hereto have, in their r~spective capacities, set their hands as of the date first he~einabove written. III III III 1 2 3 4 § 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Dated: JUN ] 3 2000 APPROVED AS TO FORM Peter' .~1. Thor'son, ¢i. tzy Attorney ATTEST: GERALD A. MALONEY Clerk of the Board Deputy (SEAL) AGR\FORM 6-28-95 FORM APPROVED COUNTY COUNSEL MAY 3 0 ZOO0 CITY By VICEc~- OF TEMECULA 6 COUNTY OF RIVERSIDE Facsimile Signature " affixed by Clerk pc: Sec. 25103 Gev C. , Board of Supervisors James A. Venable .... ? ,~ JUN.! 3 2grin ~ ITEM 6 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jim O'Grady, Assistant City Manag~' October 23, 2001 Amendment To Professional Services Agree Kelley Display, Inc. - City Banner Program Prepared by: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: That the City Council approve Services Agreement with Kelley Display, Inc. for the not authorize the Mayor to execute the amendment. BACKGROUND: On March 6, 2001, the City Council Agreement with Kelley Display, Inc. for $33,000.00. This as well as the storage, cleaning and shipping of the City California and Winchester Roads. APPROVAL CITY ATTORNEY ~ DIRECTOR OF FINANC~E ~ CITY MAI~AGER /'~') '- ment Between City of Temecula and ~e Amendment to the Professional exceed amount of $50,500.00 and approved a Professional Services irm is responsible for manufacturing )anners that are located on Rancho Since the current 16-month term contract agreement was been installed. These include event banners with new dat( Race for the Cure banners, and fill-in banners. Accordin(. amended to cover the additional costs of other event ba~ postage for the FY2001-02 Banner Program. Except for the increase approved, additional banners have changes, the new Susan G. Komen ly, the current contract needs to be ~ers plus the storage, cleaning and amount of the contract, all other terms and conditions of the Agreement shall remain ' FISCAL IMPACT: These additional services were antici and adequate funds are available for this agreement in the Department Operating Budget, Banner Program. full force and effect. ~ted in the current operating budget, FY 2001-02 Economic Development ATTACHMENTS: Amendment to Professional Servi;es Agreement Between City of Temecula and Kelley Display, Inc. - City Banner Program R:\Wolnickg~Agendarepor t s~Banner Rcport.docCITYMGR\ AMENDMENT TO PROFESSIONAL SER' ~ICES AGREEMENT BETWEEN CITY OF TEMECULA AND KELLEY DISPLAY, INC. - CITY BANI~ER PROGRAM ! THIS FIRST AMENDMENT is made and entered into ¢~s of, August 31,2001 by and between the City of Temecula, a municipal corporation ("City") and Kelley Display, Inc. ("Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as foJlows: 1. This Amendment is made with respect to thelfollowing facts and purposes: A. On, March 6, 2001 the City and Consultant entered into that certain agreement entitled "City of T(~mecula Agreement for Banner Purchase/Storage/Cleaning/Shipping]Services ("Agreement"). B. The parties now desire to amend the Agreement as set forth in this Amendment. Section 3 Purchase/Storaqe/Cleaninq/Shippi amended to read as follows: The City agrees to pay Consultant mo nq Price. of the Agreement is hereby lthly, for the Purchase, storage, Cleaning and Shipping price which City agrees to pay to Vendor for the banners shall not exceed Thirty-three Tl~ousand Dollars ($33,000.00). The total amount of this agreement is increased to $50,500.00 for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\CAMM~ROTA3~BANNER PROGRAM~BANNER AGREEMENT AMENDMENT~2OOLDOC IN WITNESS WHEREOF, the parties hereto have cat day and year first above written. CITY OF TEMI BY: sed this Agreement to be executed the -.'CULA Jeff Comerchero, Mayor ATTEST: BY: Susan W. Jones, CMC City Cllrk Approved~/],f~,,~,AstoForm: ~ ~.,--~ VENDOR BY: NAME: Kelley iisplay, Inc. TITLE: BY: NAME: TITLE: (Two Signatures Required For C~ - 2 R:\CAMM~4ROTA3'xBANNER =orations) AMENDMENT TO PROFESSIONAL SER1 BETWEEN CITY OF TEMECIJ KELLEY DISPLAY, INC. - CITY BANI THIS FIRST AMENDMENT is made and entered into rICES AGREEMENT LA AND ~ER PROGRAM ~s of, August 31,2001 by and between the City of Temecula, a municipal corporation ("City") an, Kelley Display, inc. ("Vendor"). In consideration of the mutual covenants and conditions set fo~h herein, the parties agree as follows: / 1. This Amendment is made with respect to thelfollowing facts and purposes: / A. On, March 6, 2001 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Banner Purchase/Storage/Cleaning/Shipping B. The parties now desire to amend Amendment. Section 3 Purchase/Storaqe/Cleaninq/Shipp amended to read as follows: The City agrees to pay Consultant me 3. Except for the changes specifically set forth h. the Agreement shall remain in full force and effect. Services ("Agreement"). the Agreement as set forth in this nq Price. of the Agreement is hereby nthly, for the Purchase, storage, Cleaning and Shipping price which City agrees to pay to Vendor for the banners shall not exceed Thirty-three TI' ousand Dollars ($33,000.00). The total amount of this agreement is increase~ to $50,500.00 for the total term of the Agreement unless additional payment~ is approved as provided in this Agreement. ;rein, all other terms and conditions of I - R.'\CAMMAROTA3kBANNER PROGRAMXBANNER AGREEMENT AMENDMEN~2OOI.DOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written, CITY OF TEMI BY: =.CULA Jeff Comerchero, Mayor Susan City CIE ATTEST: BY: Approved As BY: N. Jones, CMC rk Form: VENDOR BY: NAME: Kelley iisplay, TITLE: BY: NAME: TITLE: (Two Signatures Required For C, 2 R:XXTAMI~4ROTASXBANNER Inc. =orations) ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OF FIN,~N_C...E~_ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECUI AGENDA REPORT City Manager/City Council Jim O' Grady, Assistant City Mar October 23, 2001 Inland Empire Airports First PREPARED BY: RECOMMENDATION: Aaron Adams, Senior Managem!nt Analyst That the City Council consider a~opting the following resolution: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNt;IL OF THE CITY OF TEMECULA SUPPORTING THE NEE[, TO MEET REGIONAL NEEDS FOR THE EXPAN ~ION OF AVIATION FACILITIES BACKGROUND: At the City Council meeting of O tober 9, 2001, Mr. Knox from "Inland Empire Airports First" presented a proposal for the City of ~emecula to take a position of support through the adoption of a resolution for Inland Empire airport development. Mr. Knox is seeking support through such resolut'ons that encourage the d~velopment of March, Ontano, San Bernardino and Palm Springs Airports to relie',e further expansion needs for LAX. The attached resolution of support outlines principles for wo~ organizations and regional planning agencies to satisfy Soul by encouraging and fostering commercial passenger and cf Staff has also included language to demonstrate support for Valley to further facilitate small jet traffic at this airport. king with local economic development bern California's future aviation needs ~rgo service at Inland Empire Airports. the extension of the runway at French Jurisdictions who recently approved a resolution of support f( ~r"lnland Empire Airports First" include: The cities of Hemet, Moreno Valley, Perris, Riverside, Victo~ille, Hemet/San Antonio Action Group, Western Riverside Council of Governments, March Joint Powers Authority, Greater Riverside Chambers of Commerce, Fontana Chamber of Comm~ ce, Valley Group, and the National Association of Industrial and Office Properties. FISCAL IMPACT: None. RESOLUTION NO. 01- A RESOLUTION OF THE CITY TEMECULA SUPPORTING THE REGIONAL NEEDS FOR THE FACILITIES ;OUNCIL OF NEED TO MEET XPANSION OF AVIATION WHEREAS, the Southern California area includin~ Los Angeles, Orange, Riverside, San Bernard~no, and Ventura Counties is serve~ by more commercial airports than any other major metropolitan area in the United States; and WHEREAs aalabl ...... ] , v i e southern t;adrornia ,~irpor[s i~clude: Los Angeles International Airport, Burbank Airport, Long Beach Airport, Ontario International Airport, Orange County Airport, Palmdale Airport, March GlobalPort, San Bernardil California Logistics Airport, and Palm Springs Regional Air WHEREAS, the greatest population growth in Scut centuries will occur in the Inland Empire Counties of River.. WHEREAS, Los Angeles International Airport, Bur[ Orange County Airport are all located in highly urbanized and community resistance make further expansion difficult: WHEREAS, Inland Empire Airports include March ~o International Airport, Southern )crt; and ~ern California during the coming ide and San Bernardino; and ank Airport, Long Beach Airpod, and 'eas where environmental concerns and ;IobalPort, San Bernardino International Airport, Southern California Logistics Airport, (~ntario International Airport and Palm Springs Regional are well located to serve future Southern California aviation needs and have great unused capacity; and WHEREAS, the communities near Inland Empire Ail'ports are supportive of their airports and would greatly benefit from the increased use of those facilities; and WHEREAS increas~n freewa tr ffi . , ' g y a 'c into urange and LA Counties will make ground access to coastal airports extremely difficult and attempts to mitigate the surface access challenges to these airports will siphon off discretionary sta otherwise could be used to solve traffic challenges in River and WHEREAS, the extension of the runway at French small jet traffic providing an economic benefit and a reducti placing such a facility in closer proximity to customers in th, NOW THEREFORE BE IT RESOLVED that the Cit' the development, expansion and utilization of well-located Inland Empire; and BE IT FURTHER RESOLVED that the undersigned California air traffic should be directed to airports where nel supportive; and BE IT FURTHER RESLOVED that it is good public Empire Airports with excess capacity rather than spending in highly populated areas; and [e transportation dollars that ;ide and San Bernardino Counties; /alley Airport will further facilitate ~n of vehicle miles of travel by Temecula region. of Temecula favors and supports ~viation facilities available in the agree that future growth in Southern ~hboring communities are )olicy to direct air traffic to Inland )illions of dollars to expand capacity BE IT FURTHER RESOLVED that regional plannin energies on improving surface transportation links among centers; and BE IT FURTHER RESOLVED that the City of Tern economic development organization and regional planning California's future aviation needs by encouraging and fostE cargo service at Inland Empire Airports before the expansi~ Orange and LA Counties. PASSED, APPROVED, AND ADOPTED, by the C a regular meeting held on the 23rd day of October 2001. ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecul Resolution No. 01- was duly and regularly adopted by th~ at a regular meeting thereof held on the 23rd day of Octob~ AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: agencies should focus their ~xisting airports and population ~cula agrees to work with local agencies to satisfy Southern ring commercial passenger and ~n and development of airports in Council of the City of Temecula at Jeff Comerchero, Mayor t, California, do hereby certify that City Council of the City of Temecula ~r, 2001, by the following vote: Susan W. Jones, CMC City Clerk ITEM 8 TO: FROM: DATE: SUBJECT: APPROVALS/, CiITY ATTORNEY D RECTOR OF FI ~NA~C~ C TY MANAGER ~' .,~ CITY OF TEMECULi AGENDA REPORT City Manager/City Council Herman D. Parker, Director o October 23, 2001 Acceptance of Median Lands Overland Drive - Pamel Map l Development) :Community Services ;ape Bonds and Agreement along ~1o. 30208 (Bel Villaggio PREPARED BY: Barbara Smith, Management ~,nalyst / RECOMMENDATION: That the City Council accept t~e agreement and surety bonds from Bel Villaggio LLC to the landscaped medians along OverlandJDrive west of Margarita Road in Parcel Map No. 30208. ~ / BACKGROUND: Pursuant to the conditions of ~pproval the developer is proposing to install and improve a landscaped median along Overland Drive west of Margarita Road. To insure that the future landscaped median is constructe~ to City standards, the developer is required to post secunty to ~mprove these areas based upon the approved tandscapeArngat~on plans and the certd~ed construcbon cost esbmates for the ~mprovements. / As a result, Bel Villaggio LLC has entered into an agreemenl with the City and has provided surety bonds, issued by The Travelers Casualty and Surety Comp, lny of America, as follows: Overland Drive Median Parcel Map No 30208: 1. Faithful Performance Bond No. 103688536 the amo 2. Labor and Materials Bond No. 103688536 in the am Upon completion and acceptance of the improvements by th~ appropriate release or reduction of the bonds. R:~ mithb'~Bonds~S taffRep-Be I Villaggio Med Bonds.doc ~nt of $80,000. )unt of $40,000. City Council, staff will recommend the FISCAL IMPACT: borne by the developer. ATFACHMENTS: None. The cost of constructic Agreement/BondsNicinity Ma for the landscaped medians will be 10/12/2001 ¢IT~ OF PARKLAND / LANDSCAPE IMPROV]~ DATE OF AGI~ NAME OF SUBDIVIDER: August 31, 2001 Bel Villaggio LLC (Referred to as "SUBDIVIDI NAME OF SUBDIVISION: Bel Villaggio TRACT NO.: ~ENT AGREEW[ENT (R~fcrred to as "SUBDIVIDe") Parcels 1-23 of Parcel Map ~{0208 Riverside County, CA TENTA'IlV3~ MAP RESOLUTION ~ OF APPROVAL NO.: Planning Application (l~fc.,w,d to as "Resolution of App'. PARKLa~-D IMPROVEMENT PLANS NO.: CS[ (Referred tc ~STIMATED TOTAL COST OF PARKLAND ~VIPRO%~ COMPI-~:IIONDATE: Auaust 31, 2002 NAME OF SUP~FYANDBONDNO. FOR LABORAN Travelers'Casualty and Surety Company of America Bond #: 103688536 PA-01-0263 Ov~ ") -01-010 ~ ~R~o~onofAppmv~") ~f]~l'S:$ 53~073.50 D MA~BOND: NAME OFSUI~TYANDBONDNO. FOR FArr~FUL~I~uORMANCE BOND: Travelers Casualty and Surety Company of America:iBond #: 103688536 NAME OF SURETY AND BOND NO. FOR WARRkI~ Not required BOND: This Agreement is made and entexed into by and betv a Municipal Corporation of the State of California, hereinafter referred SUBDIVIDF. R. RECITALS ! A. SUBDIVIDER has presented to CITY fo~ subdivision map of a proposed subdivision pursuant to pro~ thc State of California and the CITY ordinances and mgul and recordation of subdivision maps. Thc Subdivision M regulations ~hting to thc filing, approval and rccordatlo~ r~f~rre, d to in this Agreement as th~ "$ubdlvision Laws.' B. A tentative map of the SUBDIVISION Subdiv~on Laws and to the requirements and conditions con Tho Resolution of Approval is on file in thc Office of the Ci Agr~ra~nt by re~et~nce. C. $UBDIVID]~R is required as a condition of ~ the Parkland Improvement plans must bc completed, in cc Compl~on DaW. Thc Subdivision Laws establish as a col final map, that the SUBDIVIDER has entered into a se .een tim City of T~mecuta, California, to as CITY, and the approval and recordation, a t'mal ions of the Subdivision Map Act of · ions relating to the fling, approval ip Act and'thc C1TY Ordlnsnc~ and of subdivision maps are collectively has been approved, subject to the ained in the Resolution of Approval. , Clerk and is incorporated into this : a~roval of the t~ntative map that mpliance with City standards, by the dition precedent to the approval of a :ared Agreement with the CITY to complete the Parkland/Landscap~ Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION. by 0ie City Council, SUBDIVIDER desires to enter into this Agreem ,,nt, whereby promis~s to install and complete, at SUBDIVIDER'S own expense, all the Parl rcquJrexl by City in connection with propo,'~,d subdivision. S ~and/Landscape Improvement work flxiivider has secured this agreement by Parkl~l.a~dscaping Improvement Secufi~y required by thc Cky Attorney. The term "Parkland" includes land by the Temecula Community Services D~fict. E. Complete Parkhnd/Landscape Improvement and completion of thc Parkland Improvements have I~ approved by the Director of Community Services, Thc P~ as referenced previously in this Agreement are on file in the Services and are incorporated into this Agreement by ti Agreement to thc Parkland Improveanent Plans shall inclu the Improvements as approved by the Director of Commu: F. An est/mate of the cost for construction of t to the Improvement Plans has been made and approved by Thc estimated amount is stated on Page 1 of this Agreement. 1 attached as F_xMbit "A" to tM$ Agreement. ' / G. The CITY has adopted standaxds forae Parkland/Landscape Improvements within thc CITY. T] Plans have been prepared in conformance with the CI'I~ approval of the Resolution of Approval), H. RLrBDMDF_.R recognizes that by approval. CYI'Y has conferred substantial fights upon SLrBD1WTDEI~ finance lots within thc SU'BDM$ION, and has taken tht property within the SUBDMSION. As a result, CITY will Of instal/ation of thc Parkland/Landaeapo Improvements bI the Subdivision Laws and approved ;cape areas intended to b~ maintained . -al. Aris for the construction, instnllation e,n pr~ by SU-BDMD~3[Z and rkJand Impwvement Plans numbrxed 0ffJee of the Director of Community is reference. All references in fi, is Je reference to any specifications for dry Services. ae Parkland Improvements according ~ae Director of Community Services. The basis for the estimate is construction and installation of ~e Paxldand/Landscape Improvement standards, (in effect on the date of ,f tha final map for $Lr~D1N'ISIO~, including the fight to 'sell, !ease, or final act necesaary tb subdivide the bc damaged to thc extent of tho cost SUBDIVIDF.~'S failu~ to perform 3 its obligations under this Agreement, including, but not ] mited to, SUBDIVIDER'$ obligation to complete construction of Parkland/Landscap~ Improvenlents by the Completion Date. CITY .. shall be e;mflcd to all remedies available to it pursuant tO this Agreement and thc Subdivision Laws in the event of a default by SUBDIVIDER. II is specifically recognized that the determination of whether a r~vcrsion to acreage or r~scis., an adequate remedy for degault by the SUBDIVIDER shaU t NOW, T~ ~-g~EFOP, E, in consideration of thc appro~ of the final map of the SUBDM$ION, SUBDIVIDER an 1. SUBDIVIDI~'S Obli_~atlons to Con.qmct sUBDIVIDER Shall: a. 'Comply with all the requirements and any amendments ther~o, and with Laws, b. Complete by the time establi and at SUBDIVIDER'S own exp6nse, all t Work required on the Tentative Map and ire with the Parkland Improvement Plans and ti c. burnish the necessary mater Improvements in conformity with the Parl standards. d. ~xc..~pt for easements or otl dextieated to the homcowne~ association dodicat~, or pay thc cost of acquisition by ( 4 ion of the SUBDMSION constitutes within the sole discretion of CITY. I and recordation by the City Council :1 CITY agre~ as follows; Parkland/Landscape Improvements. of the Resolution of Approval, thc provisions of thc Subdivision aed in Section 20 of this Agreement ~c Parkland/Landscape Improvement ~olufion of Approval in conformance ~c CITY standards: ials for completion of thc Parkland land Improvement plans and CITY ~er interests in r~i property to b¢ )f the SUBDMSION, acquire and [TY, of all fight,-of-way, casements construction or insmlhtion of the clear of all liens and encumbrances 'd to acquisition by CITY of off-site in real property shall be subject to a and other interests in real property for Parldand/Landscape Improvemcnts, fr~ m for the SUB.DIVIDE~,'S obligations with re fights-of-way, casements and other i;~tere: separate Agreement betwccn SUBDIVIDBI~ and CITY. If any of the Acquisition and Dedication of Eas~mentl or Rights-of-Way. Parkhnd/Laudscape Improvcnncnts and land dcvclopmem [work contemplated by this Agreement SUBDIVIDER, no construction or arc w be constructed or installed on land not owned installation shall bc commenced bcforc: a. Thc offer of dedication easements or other intel-est in real property, property own{a' to allow construction or ins Or ITY or appropriate fights-of-way, nd appropfiam authorization from the lhtion of the Improvements or work, b. The dedication to, and ac~,l,~tanc~ by, the CITY of appropriate. fights-of-way, easements or other interests in real property, and approved by the ]:~,paxtment of Public Works, as determ'ned by the Director of Community Services. c. The issuance by a court of State Bmlncmt Domain Law of an order comply in all respects with order of posses Nothing in this Section 2 shall be eongtrued as anthorlzfi SUBDIVIDER. 3. Security.. SUBDWID~R shall at all t~nes g~ :ompet~nt jurisdiction pursuant to the of possession. SUBDIVIDER shall ,, or granting aa extension of time to rante~ SUBDIVID~R'S pcrformance of this Agreement by famishing to CITY, and maint~ required by the Subdivision Laws on forms approved amounts as follows: lng, good and sufficient security as CITY for the pnrpoae, s and in the a. W assure faithful pea'form;mc= of this Agreem=nt in regard to said improvements in and amount of 100' of the estimated cost of Parkland/LandSCap~ Improvements; and b. to secure payment to any centL Nor, subcontractor, pex~ons renting equipment, or famishing labor materials fo~ Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of th~ estimated cost of the Improvements; and ork done pursuant to this Agreement ante thereof by CITY against any .~aterials famished in the additional ~"kland Improvements. f'fle with the City Clexk. The terms .greement are incorporated into thia by another approved security, the ling, shall be deemed to have been r~ling of a replaeJ~nent re. curity with c. to guarantee or warranty the ,~ for a period of one year following accep defective work or labor done or ddectiv¢ amount of 10% of the estimated cost of the Thc securities required by this Agreement shall be kept on of thc security documents referenced on Page 1 of this Agreement by this Reference. If any security is replae replacement shall be filed with the City Clerk and, upon: ma~ a pan of and incorporated into this Agreement. Upon the City Clerk, the formcr security may be released. 4. Alterations to Parkland Improve, m~nt Plan~. a. Any changes, altea'ations or dditions to the Parkland/landscape Improvement Plans and specifications or to the improvements, not exceeding 10% of th~ original e. stimated cost if the improve~ by thc CITY and SUBDIVIDER, shall not r for faitlfful pcdormancc of this Agreement. or additions exceed 10% of the original SUBDIVIDER shall provide improvemonl required by Paragraph 3 of this Agreement f the improvement as changed, altered, or releases allowed by Paragraph 6 of this A~ b. The SUBDMDER shall accordanc~ with thc CITY Standards in Resolution of Approval. CITY reserve applicable to thc SUBDMSION and this thc public health, safco/or welfare or compl' or CITY zoning ordinances. If SUBDIVIDE1; of time for completion of the improvcmenl effect at the time of thc extension. $. In .spection and Mzintenance Period a. SUBDIVIDER shall Par~dfLan~ Improvements in accordanc~ with the adoption of the Resolution of Approval. SUBDIVIDI~ sba] and iafe access for inspection of the Paddand Improvements wherein any work is in preparation. Upon compl~on scques£ a final inspcedon by the Director of Community Ser aent, which a~e mutually agreed upon ;lieve the improvement security given [.ri the: ¢vgllt $11ch changes, alterations, estimated cost of thc improvement, scaurity for faithful p~rformance as )r 100% of the total estimated cost of aendod, minus any completed partial eemgnt. ,street the Parkland Improvements in ~fect at the tL, ne of adoption of the the right to modify the standards reem~qt, when n~essa~y tO protect with applicable State or federal law re. quests and is granted an extension CITY may apply the standards in ain City inspection of thc lity standards in cffe~ at the time of at all times maintain pmpor faciIRies ~y CITY inspectors a~d to the shops ff the work the SUBDMDF.,R may ,ices, or the Director of Community Service's authorized representative. If the Director of C r~resentative, d~termine that the work has been ¢omplet~ then the Direc~ of Community Sarvices shall cci~dfy the completion of thc tlme Board of Directors. ommunity Services, or the designated d in accordance with this Agreement, Parkland/Landscape Improvements to b. SUBDIVID]~R shall continu to maintain the Parkland/Landscape Improvements for ninety (90) days aft~ th,~ have been certified completed. NO l improvements shall tx: finally accepted unlcs~ the maintenance period has expired, and all aspects of thc work have b~n in,, completed in accordance with the Park. lan CITY standards. SUBDIVIDER shall b~ar cenificatlon. 6. ~. Subject to app, Community Services District of thc C~'cY, the securities released as follows: a. Security given for faJtlful peri or Agreement shall b~ released upon the ox the final completion and accclatance of the ~ of subsection (la) hereof. b. Thc Director of Community; security given for faithful performance of Improvement progr~sse~ upon application ~ected and determined to have been i/Landscape Improvement Plans and all costs of inspection and aval by the Board of Directors of the required by this Agreement shall be ,finance of any act, obligation, work ration of the maintenance period and ct or work, subject to the provisions ;ervices may releasc'a pod. ion of the uoprovement work as the Parkland therefore by the SUBDMDER; provided, however, that no such release shall be for an amount less that 25 ~ total Parkland Improvement Security giv Lmprovement work and that the security shall 50~ of the total LandscapefParkland Im performance until expiration of the malntc~ of the m for faithful performance of the ~t be reduced to an amount less than acceptance of the improvement work. In no ~vent shall thc Dhr. ctor of Community Services authorize a release of the Parlda~d/Landscape Improvement Security which would reduce such security to an amO~unt below that required to guarantee the completion of the imprOvement work and any other obligation impo$od by this Agreement. c. S~urity given to ~ure I~ 'mont W tl~ contractor, his or h~ equal to the total chimed by all claimants fox whom lien have been/'fled and of 1 which notice has been given to the legislati;e body, plus an amount reasonably determined by the Director of Community performance of any other obligations securec security shall be released upon the sertlem which the security was given. d. No security given for thc g released until the expiration of the warran during the warranty p~riod have been settle warranty period ah,all not commence unti Services to be required to assure thc by the Security. The balance of the :nt of all claims and obligations for rante~ or warranty of Work. shall be :y period and until any claims filed As provided in paragraph 10, thc f'mal acceptance of all work and ~vement Security given for faitl~l ~nce p~riod and final completion and improgements by tho City Council. e. The CITY may retain fron sufficient to cover costs and reasonable auorueys' fees. 7. In_iury to Public Improvements. Public l; SUBDIVIDER shall replace or have replaced, or repair or public improvements, public utilities facilities and survcyin8 destroyed or damaged or destroyed by reason of an SUBDIVIDF..R shall bear the entire cost of rephcment on public utility property damaged or destroyed by re~ any security released, and amount ex lenses and fees, including reasonable )erty or Pnblie_Tltilitie.q Facilities. ~ave repaired, as the cas~ may be, all or subdivision monuments which are work done under this Agreement. repairs of any and all public property son of any work done. Under this agreement whether tach p,operty is owned by the United of California, or any agency or political subdivision ther private utility corporation or by any combination or such ow be to the satisfaction, and subject to the approval, of the SU res or any agency thereof, or the State ~'of, or by the CITY or any public or )ms. Any repair or replacement shall :ity Engineer. permits and licenses for the construction and installation Of not'ecs and pay all fees and taxes rezluircd by law. 9. ]~efault of SUBDIVIDER. a. Default of SUBDMD]~R SUBDIV1DER'S failure to timely comn Agreement; SUBDMDER'S failure to p0rmits. $UBDMDER shall, at SLTBDIVIDER"S expense, ob~in all necessary the improvemmts, give all necessary hall include, but not' be limited to, [enC¢ construction pursuant to this imely complete conduction of the Parldand/Landseape Improvements; SU]SE iVIDF.~'$ failuru to timaly cum any defect in thc Parkland/Landscape Improvements; SL~DIVID~R'S failure to 1 perform substantial construction work fo; a period of 20 days after 1 commencement of the work; SUBDIVIDF:~'S insolvency, appointment of a m:~iver, or the filing of any petition in bank :uptcy either voluntary or involuntary which SUBDIV'~]~IZ fails to discharge withJ a thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a pox*don thereof, or any 1 ~61o or $I. P3DMDER's failure to conveyance in lieu or in avoidance of fore¢ osum; perform any other obligation under this b. The CiTY ~c$crve.~ to in equity for breach of SUBDIVID~R's CITY shall have the fight, $ubjoet to thil appropriate security to mitigat~ CITY SUBDIVIDF_,R. Thc fight of CITY to additional to and not in lieu of any otb spcci.ficaLly recognized that the cstimated reflect the actual cost of construction Improvements and, therefore, c~'a'Y damage measured by the cost of completing the provided by the improvement security may all remedies available to it at law or igations under this Agreem~at. The section, to draw upon or utilize the damages ia event of default by ~raw upon or utilize tho s~curity is ~ remedy available tO CITY. It is costs and sccufity amounts may not imtallation of Parkland/LanCe ~ for SUBDIVIDER'S ddault aha]Ll be requlx~xl improvements, The sums ~ used by CITY for the' completion of thc Park]and/Landscape Improvernen in ac~ ordance with the Parldand/Land~cape / Improvement Plans and spoei.ficafions eont~:l herein. In thc event of SUBDIVIDER'S default rider this Agreement, SUBDIVID~JZ. authorizes CITY to perform such obligat notice of default to SUBDIVIDI/R and to pay the entire cost of such pcfformallce b~. on twenty days after mailing written :UBDIVIDER'S Surety, and agrees to CITY. L:I'I'~' may take over the work and prosecule thc same to completion, by contract or by any other method CITY may deem[advisable, for the aceennt and at the expense of SUBDIVIDER, and SUBDM for any excess cost or damages occasione CITY, without liability for so doing, m completing the work, such materials, ~ belonging to SUBDIVIDER as may be on performance of the work. c. Failure of SUBDIVIDER ~)F.R'S Surety shall ~ 1/able to CITY CITY thereby; and, in such event, ta~e po~esslon of, and utilize in ~plianees, plant and other pwperty ~he site of the work and necessary for to comply with the terms of this Agreement shall constitute consent to the f~l/ng by CITY of a notice of violation / _ against all thc lots in the SUBDIVISION, or to rescind the approval or othea-wise revert thc SUBDM$ION to acreage. Thc ~ is in addition to and not in lieu of SUBDIVIDER agxees that thc choice of run breach shall be in the discretion of CITY. d. In the event that SUBDIVIDIER henmnder, SUBDIVIDER agrees to pay all in securing performance of such obligations, attorney's fees. e. Thc failure of CITY to taka emedy provided by th~ Subsection C ~ther remedies available'to CITY. ~y Or remedies for SUBDMDILR'$ falh to perform any obligation :oats and expenses incurred by CITY aclud/ng costs of suit and reasonable cnforcea'ncnt action with re~pect to a default, or to declare a breach, shall not or breach or any subsezlu¢! 10. _~. SUBDIVIDER shall guarant~ to this Agreement for a pm-iod of one year after expirafic acceptance by ff~ City Council of the work and imptovcmc~ ,, construed as a waiver of that &fault default or breach of SUI~DIVIDER. ~ or warranty the work done pursuant of the maintenance period and final ; against any de~ective work or hbor doneordefectivematerials~.mished. Where Parklanl/Land.scape Improvements axe to be constructed in phases or se~Uons, the one year w.arr~..l~ period shall commence after Cit~ acceptance of the last completed improvement, ff withi~ the warranty pex4od any work or improvement or part of any work or improvement done furnished, installed, constructed or caused to be done, furnished, installed or constructed by St IBDMDBR fails to fulfill any of the mquiroments of this Agreement or the l>arkland/Landscape Improvement Plans and speeifieat, ions refen'ed to herein, SUBDWIDER shall without delay anl. without any co~ to CITY, x~pa~ or replace or reconstruct any defective or otherwise unsatisfactory pan or parts of the work or structure. Should SUBDIVIDER fall to act promptly or in accordance with this requirement, SUBDIVID}~R hereby authorizes CITY, at CITY option, a perform the work twenty days after mailing written notice of default to SUBDIVIDER and to ;UBDIVIDER's Surety and agrees to / pay the cost of such work by CITY. Should CITY determ~e that an urgency requires repairs or / rephcements to be made before SUBDIVidER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacements or perform ti shall pay to CITY the cost of such repairs. 11. SLTBDI%rIDF.~ Not Agent of CITY. SUBDIVIDER'S agents or contractors are or shall be connection with the performance of SLrBDIVIDER'S oblJ ~ necessary work and SUBDIVIDER Neither SUBDIVIDER nor any of :onsidered to be agents of CITY in ~tJons under this Agre~mgnt. accep~ by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the i~nproveanants constructed or installed. ~rl¥ shall not, nor a any officer or employee the~of, bc liable o~ responsible for any acc'Jdent, loss or damag occurring to the work or improvcmcnts specified in this A acceptance of the work or isnprovemants. All such fi'sics. hereby assumed by SUBDIVIDER. 13. ~. Nothing contained in from e. xpe. nding monies pursuant to agreements concurrentl regardless of muse, happening or 'cement prior to the completion and .aah be thc responsibility of and are this Agreement shall preclud~ CITY or previously cxect~A between ~hc pa~cs, or f~m enmring into agreement with other subdivilers for thc apportionment of costs of wa~r and sewer mains, or other improvcmcnts, pursuant to ~ provisions of the CITY orginances providing therefore, nor shall anything in tiffs Agreement commit CITY to any such apponionm~m. 14. SUBDIVID~.R'S Obli_~afion to Warn Publl ac¢~c¢ of the Parkland Improvements, SUBDMDER to the public of each and every dangerous condition existen all reasonabl~ actions to protect the public from such dang~ 15. .x~~.~l~. Upon accgptanc recordation of thc Notice of Completion, ownership of thc this Agrccmem shall vest in CITY. 15. Final Acceptanc,, of Worli. Acc~-pta~ce o: made by the City Council upon r~comm~dation of tl~ Dime completion and ~on of all Parkland/Landscape Improve 14 : During Construction, Until final aah give good and adequate warning in said hnprov¢~'nenis, and will take :rous condition. of work on behalf of CITY and · aprovements constructed pursuant to ~¢ work on behalf of CITY shall be ~r of Community Services after final a~onts. Thc Board of Directors shall act upon th~ Director of Community Services rccommend~ date the Di~r. ctor of Communiqt Services certifies that thc w in Paragraph 5. Such acceptance shall not constitute a wE 17. Indemnlty/Hold I-larmless. CITY or any liable for any injury to persons or property occasioned SLrBDIVIDF. R, its agents or employees in the pexforman further agrees to protect and bold harmless CITY, its oft5 chims, demands, causes of action, liability or loss Of any st or omissions or SLrBDIVIDBR, its agents or employees including all claims, demands, causes of action, liability, whole or in part, the design or construction of thc ParM indemnification and Agmeanent te hold harmless shall cxm ~tions within thirty (30) days from the · k has finally completed, a~ provided ter of defects by CITY. ~cer or employee thereof shall not be . reason of thc acts or omissions of of this Agrcem~nt. SLr~DIVIDF. R als and employees from any and all rt, be~aus~ of, or arising out of, acts the performance of this Agreement, loss because of, or arising out of, in ~ndJrandscape Improvements. This ,d to injurie~ to persons and damages ' or taking of property resulting from the design or construction Improvements as provided herein, and in addition, to adjace of the diversion of waters from the design or construction el other public improvements. Acceptance of any of the Pat not constitute any assumption by the CITY at' any responsibi~ by this paragraph. Ci-tl' shall not be responsible for Parkland/Landscape Improvements pursuant to thc approv~ Plans, regardless of any negligent action or inaction taken unless the pa~culax improvement d~gn was specifi~y req~ by SUBDIVIDBR suDm~ed to the Director of Commuatty of the Paflcland/Landacape ~t property owners as a consequence ~ublic dtaiaage systems, stre~ and and/Landscape Improvements shall ty for any damage or taking covered the de.~ign or construction of the Parkland/I.andscap¢ Improvement the CITY in approving the plann, ired by CITY over writlen objection Sclvices before approval of thc parficnhr improvement design, which objection indicated th it the pafficular improvem0nt design was dangerous or defective and suggcstext an alternative safe ~ nd feasible design. After acceptance / of the Pa.qdand/Landscape Improvements, the SU~DIVIDI~ shall remain obligated to e.~iminate / any ddect in de.,stgn or dangerous condition caused by the d~ign or construction d~fect, however, SUBDIVID]?~R. shall not bc responsible for routine maintenance. Provisions of tl~ paragraph shall remain in full foreo and effect for ten yearn followin Parkland/Landscape Improvements, It is the intent of tl~ respon~dble for all liability for design and construction of th installed or work done pursuant to this Agreement and t _ neghgence, nonfeasance, misfeasance or malfeasance in correcting any plans or specifications or in approving, construction. The improvement security shall not be r~ paragraph. 18. Sale or l~4~osifion of SUBDIVISION. gal( tho acceptane~ by the CITY of ~eefion that $LvBDIVIDIiR shall be : Parklandfland,scape Improvements at cx-rX' shall not be liable for any lpproving, reviewing, checking, or .viewing or inspecting any work or dred to cover the provision of this or othex disposition of this propexty will not relieve $LrBDIVIDFiR from the obligations set forth herein. property or any portion of the property within the $LrB] sLrBDIVIDER may request a novation of this Agreement approval of the novation and ~ubstitufion of securities, the or reduction of the securiti~ required by this Agreement. the $UBDIVIDI~R of the obligations under Paragraph 17 f SUBDIVIDIlR. 19. Time of the Essence. Time is of the essene 20. Time for Completion of Wonk Exten~ionn. 16 If $1.rBDIVIDI,~R ells thc )MSION to any other posen, the .nd a substitution of security. Upon LrBDIVIDI~ may request a release qothing in the novation shall relieve r th~ work or improv~aent, done by ; of this Agreement. iUBDIV~D~R shall complete construction of the improvements required by this Agree · In thc event good cause exists as determined by the CiE under the tentative map condition, the tiroo for completio be extended. The extension shall be made by writing ex Services. Any such extension may be granted without notio not affect the validity of this Agreement or release the Su for this Agreement. The Director of Community Services whether or not good canoe has been shown to eatitle SURDI' than delay in the commencement of work, resulting from which SUBDIVIDER could not have reasonably foreseen, ot preveats the conducting of work, or by strikes, boycotts, organizations, wl~ch prevent thc conducting or work, con~buted to by SUBDIVIDER, shall constitute good an extension of time for completion. As a condition August 31, 2002 ~ent no later than Engineer, and if otherwise permitted of the improvemeats hereundex may ~cuted by thc Di~ctor of Community : to SUBDIVIDI//R'S Surety and shall cety or Sureties on any security given shall be the sole and final judge as to ~lD]~ to an extension. Delay, othex m act of CITY, or by an act of Ood, by storm or inclement weather which imilax actions by employees or labor and which were not caused by or Se lrO]' of such extension, the Director of Community Survices may re, quire SUBDIVIDER to ~umish n~w sccurity guaranteeing performance of this Agreement as extended in au increas~ amount as necessary, to compeasat¢ fox any increas~ in construction costs as determined by the ~ireetor of Commumty Services. 21. ~. Performance b~ SUBDIVIDF_R of t~is Agreement sh~ not be construed to v~st SUBDMDF..R'$ rights with in any zoning or building law or ordinance. 22. Notices. All notices required or provid~ respect to any change in any change d for under this Agra:merit shall bc in w~ifing and d~llvcred in person or se~t by mail, postagc )repaid and addressed as provided h~ .I this Section. Noticc shall be effective on the date it is de v¢~d in person, or, if mailed, on the { date of deposit in the Unltcd States Mail. Notices shall be ~ddrcssed as follows unless a wriuen change of address is Fried with the City: Notic~ to CITY: Ciiy Clcrk City of Temecula 43200 Business Park Drive P.O. Box 9033 Tcmecula, C~q{{for~ 92~89-9033 Notlcc ~o SLrBD]VIDI~R: Bel Villaggio LLC 555 Double Eagle Court Suite 1000 Reno NV 89511 :23. Se~.a:abJl~. The provislons of this Agreen ~¢nt are severable. If any portion of of the parties. 24. .CAuti~. The captions of this Agreem¢: only and shall not define, explain, modify, limit, exem construction or meaning of any provisions of this Agreeme~ 25. ~ ' ' ' . In thc~v~nt th enforce the terms of this contract, thc pl~wai~ng party sh~ reasonablc attorney's fcos. it are for convenience and x~ference ~lify, or aid in the iatcrptetation, it. it suit or arbitration is brought to be entitled to litigation costs and 26. lncomoration of Recital~q. The ~ to into the terms of this agreement. 27. ~, This Agr~ment em panie~ with re~ to the subject mat~er. All modifications of ~ Agreemont must be in writing and signed by the a In thc cas~ of the CITY, the appropriate party shall be the this agreement a~e hereby incorporated stitutes the entire Agreement of thc amendments, or waivers of the terms ,ropriate repre~tafivo of thc pai'ties. City Manager. IN WITNF_SS WHNi~OF, this Agreement is executed by Bel Vi~_aggio LLC/~. / Naffio:Lawrenc/R. W&lsh Tit]e: Vice President Russell C. Schultz Tiffs: EVP and CFO By: (Proper Notarization of SUBD1VIDF_~'S signature required and shall be attached) CITY, by and through its Mayor. )F T~M~CUL% Mayor By: Susan W. Jones, ~4C' City ~lerk R~COIvIM~ArDED FOR APPROVAL: Name:[ By: C~I E~g~neer Name: ~ Dirt"tot of Commuaity Services APPRO' By: Peter Ci! 20 fED AS TO FORM:' Thol'son ~,t~omey STATE OF ~]EVADA ) COUNTY OF WASHOE .) August 31 1 Dana On ,200 , before me, (Dale! (N~. Tl~ Paull persona~ynppenred'.., Lawrence R. Walsh, Vice President of Bel Villaggio LLC personally known to me - OR - or proved to me on the. ba I of satisfactory evidence to be thc person(s) who name(s) is/ar~ subscribed to thc within instrumcn[ acknowledged to me that he/sbe/they executed the same STATE OF NEVADA ) COUNTY OF'WASHOE' ) On August 31 ,2001 his/her/their a~ si?.ture(s) on behalf of which WITNESS my Notary thorized capacity(ies), and that by his/her/Iht the instrument the person(s), or the entity upc tim person(s) acted, executed me instrument. and for said State , befo~me, Dana 'aull (Na~ne, Title of Oflkm- - £.fi., personally appeared Russell C. Schultz, EVP al personally known to me - OR - or proved to me on the basis name(s) is/ge aelmowledged t, his/her/their aut signature(s) on behalf of which t WITNEg$ my h~ Notary Public in ~d CFO of Bel Villaggio LLC af satisfactory evidence to be the person(s) whose subscribed to the within instrument and ) mc that he/she/they executed the same in ~orized caPacity(ies), and that by his/her/their ~e instrument the person(s), or the entity upon ~e person(s) acted, executed the/nstrument. md for said State (Attach the baals for thc cstimatc of th~ c( st of improvements.) CLOSSON c CL Overland' Island Street Improvements - Temecula Conceptual Cost Estimate ITEM I Soil Preparation, Weed Control, and Finish 3,{~ Grading 2 Irrigation 3,~ 3 18-inch wide Concrete Walkway 64; 4 4-8-inches of Cobble Paving 1,¢ 5 Planting-- Bark 3,E 6 Shrubs (one per 25 square feet) 5-gallon Rhaph[olepis "Ballerina" 35; 5-gallon Tulbaghia Violacea 21 7 Trees 24-inch box Crape Myrtle "Muskogee" 4 36-inch box Quercus Ilex 14 8 90 Day Maintenance 3,6 Subtotal 1(~% Contingency Total August21,2001 Y UNIT P~ICE TOTAL C. OST 42 0.30/sf $1,092.60 42 4.25/sf 3.50/sf 48 8.00/sf 42 0.251sf 18.00 18.00 250.00/ea 600,00/aa ~2 0.12/sf $15,478.50 $2,268.00 $8,384.00 $910.50 $6,336.00 $3,942,00 $1,000.00 $8,400.00 $437.04 $48,248.64 $4,824.86 $53,073.50 EXECU~ IN 2 CODN~AR~$ BOND NO. 103688536 PI~IU~: $1,600/TWO $_ 80,000.00 (~ ~0US~ & 00/100 U~S. doe~ h~by w~vo nofi~ of~Y s~ ~g~ ~io~ of~m~ ~oa ~ a~m~ ~ ~e ' te~s of thc Ag~eme~! or ~e wozk orte thc ~.atien~ IN IVITN~$ WHEREOF, this instrumen! k Sur6~ above n~med, on Au6uat 30 SU.R~TY TRII/ELIgI~ CASUALTY AND StII~-T~ COMPANY OF ~ICA .. Ts~ce'~L~nce/ g~ome~-~-~ae~ 700 N ~ntral Ave., Suite 800 Glen~le, CA 91203 APPROVED AS TO FOP. M: P¢~r Thor~ City Atmm~/ BOND NO. ~03688536 ,20 01 TEL VILLAGGIO BY: Lawrence Vice President BY: _ Russell C. Schultz STATE OF NEVADA ) COUNTY OF WASHOE .) On August 31 ,200 1 , b~fore me, personally appeared" ~.., Dana Paull (N~,~. Ttm~ or' Otter, E.G.i 'Jam D.~, Nr.~, N~c-) ~ ' Lawrence R. Walsh, Vic~ President of Bel Villaggio LLC perso~lly ~own ~ me - OR - or prov~ ~ me on ~e b~is of safisfa~o~ WITNESS my ] Nom~ ~b~ STATE OF NEVADA ) COUNTY OF .WASHOE On August 31 personally appeared ,200 1 , before me, Dana Russell C, Schultz, EVP ar personally known to me * OR - or proved to me on the basi~, name(s) is/are acknowledged tx his/her/their a-ti signature(s) .on ti behalf of which tl WITNESS my h~ .. Notary Public in ~ evidence to, be the.person(s/wh name(s) is/are subscribed to the within Instrument acknowled.ged/to me aat he/s.h.e/rhey executed the same hisfher/the~r authorized capacity(ms), and that by his/her/~h si~nnmre(s) on the instrument the person(s), or the entity behaW of whicl: the person(s) acted, executed the instrument rand and official seal, t anti for said State 'aull d CPO of Bel V±llaggio 'C.LC )f satisfactory evidence to be the person(s) whos, subscribed to the within instrument ant me that he/she/they executed the same ir orized capacity(les), and mat by his/her/thei~ te instrument the per, on(s), or the entity upor person(s) acted, executed the instmmem. and official seal. ad for said State CALIFORNt'A ALL-PURPOSE ACKNOWLEDGMENT State of Calif°mia County of Los AnReles On this 30th day of August, 2001 before me, Mada Luisa, ;hua, Notary Public --- i Name & T~tle personally appeared Tracey Lawrence---- Name(s) of Signlr(s) [] personally known to me - OR -I--]proved to me on the basis of satisfactory evidence to be the person{~) whose n~.me(~ is/at, subscribed to the within instrument and acknov~ledge to me that he/she/the~executed the same in h~'/her/the~ authorized capacity([es~, and that by NOTARY SEAL ~rs/her/tbe~r signature, entity upon behalf of v instrument. WITNESS my hand ar OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on reattachment of this form to another document. Title or Type of document: SUBDIVISION BOND - PRINCIPAL: BEL VILLAGGIO PROJECT: BEL VlLLAGGIO s~ on the instrument the person(~, or the hich the person(,s~acted, executed the official seal. SI( NATURE OF NOTARY he document and could prevent fraudulent removal and LLC Document Date.' August 30, 2001 Signer(s) other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Tracey Lawrence Number of Pages: Signer's J---~INDIVIDUAL J'~INDIVI£ r-]CORPORATE OFFICER [~]CORP¢ Title: ~ T'~le: ~ TRUSTEE(S) ~ TRUS ~ GUARDIANorCONSERVATOR ~ GUAR ~ OTHER: OTHER: SIGNER IS REPRESENTING: SIGNER IS TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA UAL PATE OFFICER NER(S) ~NEYolN-FACT 'EE(S) ;)lAN or CONSERVATOR EPRESENTING: ~] LIMITED [] GENERAL EXECO'r~ IN 2 CODN~E~PA~S PARKLAND/LAND.qCAI)E LABOR ~ MA .whi~h ~d Alarmist, gat~ August 31, 2001 BOND NO. 103688536 PREMIUM FOH ~I$ BOND IS INC-,.UDED IN THE CHARGE FOR PERFOI~4ANCE BOND. nd Bl~. VILLAGGIO LLC a~ai") haw ~ ~o. n Project BEL vlLLAC-GIO CENTER LINE tos2) of Pon ¢ ~fDivisica 3 ~f~c Civil Ccd~ · , TI~AVELEP~ CASUALT! are held and f~l¥ bound unto ~he (1[~ of T~ (FO~Y ~OUS~ & 00/100 US DO~A~) s ~o,ooo.o% I~ m~ ~ U~ ~ ~ ~ ~qlifongs, nnd ~!1 ~.~or~ do,, to dm fac~ amomu specified ,u~,~io.. ml ~ bo ~,a ~s .,:asa b'lo ¢!~,~ nnc~ Tale -I- BONO No. ~03688536 Suzetr above nane. d, oa Au~uet: 30 TRAV'~.k-'~S CASUAL~ AND SUI~'T¥ Atgorne~'-in-Fact V~c 700 N ~nt~ Ave. Su~ke 800 Gl~le, CA 91203 EVP · AF~KO%q~D AS TO FORM: BOND NO. 103688536 ·/~ 200,3-. ~e President ~ell C. Schultz ~C) and CFO -3- STA'£E OF NEVADA ) COUNTY OF WASHOE .) On AuguSt 31 1 Dana · 'iD,,~ ,200 , before me, ' Lawrence R. Walsh, Vic personally appeared "' ~,. personally known to me - OR - or proved to me on the bas name(s) is/ar aeknowlexlged his/her/their a' si?.tureis) on behalf of whic~ STATE OF NEVADA COUNTY OF .WASHOE WITNESS Norarff Public Paull President of Bel Villaggio LLC of satisfaCtory evidence to be the person(s/wh subscribed to tim within instrumem ; me that he/she/they executed the same ahorized capacity(les), and that by his/her/th the i~trument the person(s), or the cnri~), up the person(s) acted, exeCUtetl the instrumenT. and and officia/seal, t and for said State 0/l August 31 2001 · , , bef0~mt, Dana 'aull (oa~) (l,l~n~, Title of Otfl~r. E.O.. 'J~ ~, N~ ~b~e~ Russell C. Schultz, EVP a~d CFO of Bel Villaggio LLC person~ly appear~ _ N~)ot~) , / - personally ~own ~ me - OR - or prov~ to me on ~e ~Ig of sat~fa~o~ eviden~ ~ be ~e person(s) whos, ~(s) ~/~e I s=bs~i~ to ~e wi~ instrument ant a~owl~g~ ~ ~ ~m be/she/aey ~xecu~ ~e saae ' ~aer/~k aa~or~ ~paci~(ies), and ~at by h~/her/th/i~, s~am~(s) on ~e ~nt ~e ~rs~(s), or ~e ~tiW tlpor beh~f of which ~e p~son(s).act~, ex~ ~e ~s~ent. W~S my ha~ and offic~ seal. ~ No~ ~blic in ~d for sad S~te CALYFORNYA ALL-PURPOSE ACKNOWLEDGMENT State of CalifOrnia County of Los An,qeles On this 30th day of August, 2001 before me, Mada Luisa 3hua, Notary Public Name & Title personally appeared Tracey Lawrence-- Name(s) of Sigr er(s) [] personally known to me - OR -J-'~proved to me on the asis of satisfactory evidence to be the person~) whose r ame(,s~ is/ar.e~subscdbed to the within instrument and ackno~/ledge to me that hefshe/tbe~executed the same in hi~/her/th~ ,~ authorized capacity(i~"~, and that by ~wrs/her/tbe~r ~ignature~ on the instrument the person(,~, or the entity upon behalf of v 'hich the person(,,~acted, executed the instrument. NOTARY SEAL Though the information below is not required by law, it may prove valuable to persons relying on reedachment of this form to another document. Title or Type of document: SUBDIVISION BOND - PRINCIPAL: BEL VILLAGGIO PROJECT: BEL VlLLAGGIO WITNESS my hand ar official seal. SI( NATURE OF NOTARY OPTIONAL he document and could prevent fraudulent removal and LLC Document Date: August 30, 2001 Signer(s) other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Tracey Lawrence E~INDIVIDUAL E~CORPORATE OFFICER Number of Pages: Signer's 1~ ame: E~INDIVIE UAL Title: ~ -- [] PARTNER(S) [] LIMITED [] GENERAL ] ATTORNEY-IN-FACT [] TRUSTEE(S) ] GUARDIAN or CONSERVATOR ] OTHER: SIGNER IS REPRESENTING: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA E~]CORPORATE OFFICER Title: / [] PART~ER(S) ] ATTORNEY-IN-FACT [] TRUS!EE(S) C~T H E;:A R.~IAN or CONSE~RVATOR SIGNER___,S R *RESENTING: J~] LIMITED [] GENERAL ~ , . TRAVELERS CASUALTY AND SI/RET' '" TRAVELERS CASUALTY AND ~ FARMINGTON CASUALTY COMPANY Hartford, Connecticut 0618~-1062 POWER OF ATTORNEY AND CER'rI~'ICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT ! KNOW ALL PERSONS BY TI:IESE PRESENTS, THAT TRAVELE! AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY corporations duly or~t, ani?ed under the laws of the State of Connecticut, and Counly of Hartford, State of Connecticut, (hereinnfter the "Companies") presents make, constitute and appoint: Scot~ Grover, Dave lVL Weller, L~ Rober~ Torres, Maria-inisa Chua, De~ise Eby, Tracey Lawrence, Andrea l M. A. Urban, of Glendale, California, their true and lawful Atterney(s)-in-F{ sign, execute and acknowledge, at any place within the United States, the follo~ any and all bonds, recu~i~nces, contracts of indemnity, and other wrilillg$ Collditiollal ullder~akin~ and any and all consents incident thereto and tO bind as if the same were signed by thc duly anthorizcd officers of the Companies, a~ thc authority herein given, are hc~cby rn~ificd and confirmed. This appointn{enl is made.under and by authority of the following Standing R now in full force and effect: ~S CASUALTY AND SURETY COMPANY OF and FARMINGTON CASUALTY COMPANY, aving their principal offices in thc City of Hartford, ~ made, constituted and appointed, and do by these ilani Jacobsen, Marci Hayes, Dirk T. De Graw, [atisch, Catherine Phillips, Corinne L. Hernandez, .ct, with full power and authority hereby cuoferred to dng insm,meat(s): by his/her sole si~n~'e and act, vbligatory in the nature of a bond, reco~gniTsnce, or .e Companies, thereby as fully and to the same extent d all the acts of said Attomey(s)-in-Fact, pursuant to COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, which Resolution is now in full for~e and effect: VOIJ:..D: That the signature of each of thc following officers: President, any Execufl President, any Assistant Vice President, any Secrelary, any Assistant Sacretaty, and the power of attorney or to any certificate relating thereto appointing Resident Vice Pt~iden purposes only of executing and nn,~ing bonds and ~md,-rtakings and other wtiti,~? obli~o~ or certificate beal~ ~ facsimile si~o~n~-e or facsimile seal shall be valid and bind~ certified by such facsimile si~omre and fac~imile seal shall be valid and binding upo~ undetlal~ to which it is attached. COiVIPANY and 'FARMINGTON CASUALTY ~e Vice Prasid~nt, any Senior Vice President, any Vice seal of the Company may be affixed by facsimile to any s, Rezidant Assistant Secretaries or Atteraey~--in-Fact for t ~ts~y in the nature thereof, and any such power of attorney upon the C,~mpany and any such power so executed and the Company in the future with rcspoct to any bond or VOIED: That the Chairman; the President. any Vice Cha,'.~.-. any Exeantive Vice ~ S~nd Vi~ ~csi~ ~ T~, ~y ~t T~, ~ C~e S~ ~d ~m w ~t for ~ on ~ of ~e ~mp~y ~d my ~ve ~ a~ s~h a to si~ x~ ~e Com~y's ~e ~ ~ ~ ~e Comp~y's ~ ~n~, ~i=~n~. con~ of ~W. ~d o~g ~gs obligato~ m · e ~e ora ~ ~i~.~, or c~fio~ ~i-E, md my of~d offi~e B~ of D~mm at ~y ~e ~y ~ove ~y s~ ap~m~ ~d ~voke ~ ~ ~v~ ~ or h=. l VOID: ~t ~e C~sn~ ~ ~L ~y Vice C~ ~y Ex--five Vi~ ~i~L ~y S~or Vice ~i~t or ~y Vi~ ~esi~t ~y del~a~ ~1 or ~y p~ of ~ f~go~ au~ofiW to ~ or m~ offic~ or ~ploy~ of ~ Comply, ~ ~t ~ ~h ~legafion is m ~g ~d a c~ a~f is ~ ~ ~e offi~ of~c S~. VOID: ~t ~y ~ ~o~i~-~, con~t of ~d~w, ~ ~ obh~ ~ ~e ~ of a ~ ~?,a.~, ~ ~fio~ ~d~ing s~l ~ ~d ~ b~din~ u~ ~e C~p~y ~ (a) si~ ~ ~ ~ ~y Vi~ C~ ~y E~ufive Vi~ ~i~ ~y S~or Vi~ ~si~t ~ my Vi~ ~ my S~ Vi~ ~ ~e T~ my ~si~t T~, ~e Co~ S~ or ~y ~si~t S~e~ ~d d~y ~ ~d ~ ~ ~e Com~y's ~ by a S~ ~ ~sis~t S~, or (b) d~y ~ (~ ~. if r~) by ~e or ~m A~m-F~t ~d ~ p~t W ~ ~ ~s~ h ~ or ~ ~ or ~ c~ of an~ofi~ er by one or more Comply offi~ p~t to a ~ ~e~fion of ~ofiW. [ ' ~' ' · This Power of AHom? ~d Ce~cate of Autho~ is si~ed ~d se~ed by radicle (m~c~ or p~nted) ~der ~d by au&od~ of the follomng St~ng ~ohifian voted by ~e Bo~ds of Di~6m of ~~ ~U~ ~ S~ sidcnt, any Senior Vice Praside~t, any Vice President, any or any Assistant SecreUu'y may appoint Attorneys-in-Fact ghority as his or her certificate of authority may prescribe :solutions of said Companies, which Resolutions are ..... ~...~. · a~ ~ ~ S~ior Vice P~ident ~d ~r como~ ~s -= ..... ...~u ~ ~ um ~y oi J~ 2001. STA~ OF CO~C~C~ }SS. ~ CO~ OF ~0~ eec TRAVELER8 CASUALTy AND SURETY CO~IPANY F~ASUALTY CO~ $ eorge W. Thompson ;nior Vice President On thi~ 8th day of Sunc, 2001 b~fore me personally came GEORGE W. THO] did depose aud. say: flmat heYshc is Senior Vice President of TRAVELEI AM]/RICA, TRAVELERS CASUALTY AND SURETY COMPANY an,! FARM]NGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that heYS, knows the seals of said corporations; that th= se. als affixed to the said insirament are such corporate seals; and that he/she executed the said insmunent on he--If of the corporations by authority of his/her office under the Standing Resolutions thm~f. ~PSON to me known, who, being by me duly swonl, CASUALTY AND SURETY COMPANY OF My commission expires December 31,2002 Notary Public Carol A. Thompson CEP. rlP'ICATE I, fl~e ,,-a~ux/?,d, A~istaut Secretar~ of TRAVELERS CASU,~LTY AND SURETY COMPANY OF AWIERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARM]NGTON CASUALTY COMPANY, stock corporations of the Sta~ of Connecticut, DO HEREBY C~'ilj~-~Ir that the foregoing and avac[ cd Power of Attorn?y and Certificate of Authority remains in full forco and has not b~n r~vokcd; and furthermore, that the St~ fordm in ~he Certificate of Auihofiuy, ar~ now in force. Si{~cd and S~al~d at the Home Ot]ice of ~h~ Company, in the City of Hartford, lu~tmt , 20 01. eec Resolutions of the Boards of Directors, as set /e of Connceticut Datedthis 30th dayof Kori M- Johanson AssiStant Secretary, Bond VICINI~ ~ BEL VILL~C~IO ITEM 9 TO: FROM: DATE: SUBJECT: CITY OF TEMECUL~ AGENDA REPORT City Manager/City Council ."'/'J,~illiam G. Hughes, Director of Public October 23, 2001 Butterfield Stage Road/CETAP Corri~ PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: Approve a Resolution entitled: RESOLUTION NO. 2001- APPROVAL J~.,f, ..~'~ CITY ATTORNEY ~ I DIRECTOR OF FINANCE'~ I CiTY MANAGER ----~1 ~/orks/City Engineer r - Resolution in Opposition / A RESOLUTION OF THE CITY COUNCIE OF THE CITY OF TEMECULA FORMALLY OPPOSING CO_~RIDORS 5A AND 5B OF THE COMMUNITY AND ~ENVlRONMENTAL TRANSPORTATION ACCEPTABILITY P~OCESS (CETAP) AS IT RELATES TO BUTTERFIELD STAGE ROAD BACKGROUND: The Riverside County Transportation public scoping meetings to share information and receive i process and options under consideration for the futur( Southwest Riverside County. One of the corridors und Temecula Corridor. Two alternative routes (5A and 5E Corridor would have run along the City's easterly and soutl Buttedieid Stage Road from Winchester Road to 1-15 alon( Valley. Based on objections from the property owners, the unanimously to remove alternatives 5A and 5B from con., the RCTC Board voted to remove alternatives 5A and 5B; understands that the City of Temecula would be opposed Butterfield Stage Road that is greater than our General Plan On September 25, 2001, City Staff and Eric Haley, RCTC E: to the City Council concerning the status of the CETAF Buttedield Stage Road. The City Council directed staff to pr Council's formal opposition to an expressway or freeway co CETAP process. FISCAL IMPACT: None. 1 Commission (RCTC) has held local ~put from citizens about the CETAP transportation corridors to serve .~r evaluation is the Winchester to ) for the Winchester to Temecula lerly boundaries, generally following the southern area of the Temecula :ETAP advisory committee voted deration. On September 10, 2001, ~s "locally preferred" routes. RCTC to any transportation system along designation. :ecutive Director, presented a report Corridor Process as it relates to .~pare a resolution declaring the City 'ridor along routes 5A and 5B of the R:~agdrpt~001\1023\BSR.reso ATTACHMENTS: Resolution No. 2001- R:~agdrpt~001\1023\BSR.reso 2 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FORMALLY OPPOSING CORRIDORS 5A AND §B OF THE COMMUNITY AND ~ENVIRONMENTAL TRANSPORTATION ACCEPTABILITY PROCESS (CETAP) AS IT RELATES TO BUTTERFIELD STAGE ROAD THE CITY COUNCIL OF THE CITY OF TEMECULA D 3ES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, future transportation corridors withi) Southwest Riverside County are currently being evaluated as part of the Community and Environmental Transportation Acceptability Process (CETAP), undertaken jointly by the County of R verside and the Riverside County Transportation Commission (RCTC); and WHEREAS, the CETAP process considered two possible alternative routes (5A and 5B) that would run along the City's easterly and southerly boun~laries, generally following Butterfield Stage Road from Winchester Road to 1-15 along the southern area of the Temecula Valley; and WHEREAS, on September 10, 2001, the RCTC B( and 5B as "locally preferred" reutes within the CETAP proc, NOW, THEREFORE, BE IT RESOLVED by the City Count Section 1. The City Council formally opposes ~ as it relates to Butterfield Stage Road; and ~ard voted to remove alternatives 5A ;ss; il of the City of Temecula as follows: Iternative CETAP routes 5A and 5B Section 2. The City Council maintains that it will use all remedies necessary to prevent the construction of an expressway or freeway corridor along Butterfield Stage Road within the City of Temecula. / PASSED, APPROVED, AND ADOPTED, by the City C;uncil of the City of Temecula at a regular meeting held on the 23rd day of October 2001. ATTEST: Susan W. Jones, CMC, City Clerk (SEAL) ,Jeff Comerchere, Mayor R:~agdrpt~200 l\1023\BSR.reso 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, Susan W. Jones, CMC, City Clerk of 1 hereby certify that Resolution No. 2001-__ was duly Council of the City of TemeCula at a regular meeting the 2001, by the following vote: AYES: COUNClLMEMBERS NOES: COUNCILMEMBERS ABSENT: 3OUNCILMEMBERS 4 he City of Temecula, California, do and regularly adopted by the City 'eof held on the 23rd day of October R:~agdrpt~2001\1023\BS R.reso ITEM 1( TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council ,~Villiam G. Hughes, Director of Public October 23, 2001 Authorize Temporary Street Closures Street Faire in Old Town PREPARED BY: ~Ronald J. Parks, Deputy Director of P (~Clement M. Jimenez, Associate Eng RECOMMENDATION: That the City Council adopt a ~ RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIl TEMECULA, CALIFORNIA, AUTHORIZING FOR THE FIRST ANNUAL ANTIQUE AND CF AND AUTHORIZING THE CITY ENGINEER FOR THIS SPECIFIC SPECIAL EVENT BACKGROUND: The first annual Antique and physical closure of a street in the Old Town area, and rela provide the "Street Scene" ambience that allows the free minimizing potential vehicular-pedestrian conflicts. APPROVAL CitY ATTORNEY DIRECTOR OF FINAN¢~(E CITY MANAGER Works/City Engineer for the first annual Antique and Craft ~blic Works ear. esolution entitled: . OF THE CITY OF STREET CLOSURE ',AFT STREET FAIRE, ro ISSUE A PERMIT Craft Street Faire necessitates the Ied detouring, to accommodate and movement of pedestrian traffic by Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any ,=treet for celebrat OhS, parades, oca special events, and other purposes, when, in the opinion of Io~.al authorities having jurisdiction, the closing is necessary for the safety and protect on of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on Septembe110, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right of way. While a process was established for reviews and approva delegating authority to temporarily close streets, or portions r:~agdrpt~0 s, no mechanism was provided for ~f streets, for these special events. )1\1023~antique and craft street faire.road closure The recommended resolution delegates the authority to approve temporary street closures for the Antique and Craft Street Faire produced by the City of Tem~cula. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subject to the approval of the City Council subject to rules and regulations e~tablished by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. t t The first annual Antique and Craft Street Faire proposes s ree closures as follows: The event will require the closure of Old Town Front Street between Fifth St vehicular access will be maintained through Main Street an¢ The event will take place on Sunday, November 11,2001. At of the area will fill the streets from 11:00 AM to 5:00 PM. Ho up booths, street closure times will need to be from 7:00 Arvl eet and Second Street. However, full Third Street. ~tique dealers from Temecula and out ~ever, due to the time required to set to 6:00 PM. FISCAL IMPACT: Estimated costs for the Public Work support is estimated at $2,800.00. Adequate funds are available Department Maintenance Division in Account No. 001-164-601-5402. ATrACHMENTS: 1. Resolution No. 2001- 2 r;~agdrpt~0( 1\1023~antique and craft street faire.road closure RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIl- OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING TEMPORARY STREET CLOSURES FOR THE FIRST ANNUAL ANTIQUE AND CRAFT STREET FAIRE, AND AUTHORIZING THE iCITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC sPECIAL EVENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The California State Vehicular Code prt 'ides for the promulgation of rules and regulations for the temporary closure of public streets by loc authorities by Resolution; and, / WHEREAS, the City Council desires to establish rul~s and regulations for the temporary closure of public streets in the interest of promoting safety a WHEREAS, The City of Temecula desires to authoriz, between Fifth Street and Second Street on November 11,20( Street Faire produced by the City of Temecula, for which this safety and protection of persons using or proposing to use WHEREAS, the City Council desires to facilitate the ~ close Old Town Front Street between Fifth Street and Secon the first annual Antique and Craft Street Faire; and, NOW, WHEREAS, the City Council desires to autt temporary street closures for the first annual Antique and Cra Temecula, and to establish the general rule that all other prol: be reviewed and approved subject to conditions, or disappro THEREFORE, BE IT RESOLVED, that the City Cou authorizes the City Engineer to permit the temporary stre6 between Fifth Street and Second Street on Sunday, Novemb( to 6:00 PM for the first annual Antique and Craft Street Faire, all other temporary public street closures shall be approved o~ PASSED, APPROVED, AND ADOPTED, by the City regular meeting held on the 23rd day of October 2001. ~d protection; and, the closure of Old Town Front Street for the first annual Antique and Craft ~mporary street closure promotes the is street for the special event: and, ;suance of permission to temporarily Street from 7:00 AM to 6:00 PM for ~rize the City Engineer to approve t Street Faire produced by the City of osed temporary street closures shall /ed, by the City Council; and, ~cil of the City of Temecula, hereby I closure of Old Town Front Street r 11,2001 from the hours of 7:00 AM ~nd establishes the general rule that denied approval by the City Council. Council of the City of Temecula at a ATTEST: Jbff Comerchero, Mayor Susan W.Jones, CMC, City Clerk 3 r:~agdrpt~0( 1\1023~antique and craft street faire,road closure [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temec, da, California, do hereby certify that Resolution No. 2001-. was duly and regularly adopte~d by the City Council of the City of Temecula at a regular meeting thereof held on the 23rd day c I October 2001, by the following vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: 4 r:~agdrpt~0~p1\1023~antique and craft street faire.road closure ITEM 1 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY ~ DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECUL~ AGENDA REPORT City Manager/City Council ~/~/Villiam G. Hughes, Director of Public October 23, 2001 Acceptance of a Storm Drain Easement Parcel 2 of Parcel Map 28530-1 Works/City Engineer and Right of Way located within PREPARED BY: ~/--~Ronald J. Parks, Deputy Director of P!blic Works ~LClement M. Jimenez, Associate Engiteer RECOMMENDATION: That the City Council adopt atesoluti°n entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COl JNClL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION FOR A STORM DRAIN EASEMENT AND RIGHT OF WAY WITHIN PARCEL 2 OF PARCEL MAP NO. 28530-1 .' BACKGROUND During the design of the Macy's D~partment Store at the Promenade Mall, it became necessary to alter the storm drain easement alignment that was dedicated on Parcel Map No. 28530-1 to accommodate proposed facilities. The owner, Temecula Town Center Associates, LP, now desires to dedicate a storm drain easement and right of way that will not interfere with proposed facilities and quitclaim a portion of the existing storm drain easement. The quitclaim of a portion of the existing storm ~rain easement shall be by separate resolution. The storm drain that was within the portion o'the existing storm drain easement affected by the Macy's development has been removed, he storm drain will be placed in the new storm drain easement. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 2001- 2. Storm Drain Easement with Exhibit "A" and "B" made p~ ts thereof. R:~agdrpt\01\1023\pm 28530-1 parcel 2.storm drain easement dedication 1 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION FOR A STORM DR/~IN EASEMENT AND RIGHT OF WAY WITHIN PARCEL 2 OF PARCEL MAP NO. 28530-1 THE CITY COUNCIL OF THE CITY 3F TEMECULA RESOLVE AS FOLLOWS: WHEREAS, The City Council of the Gitl of Temecula does hereby find, determine and declare that: A. DOES HEREBY The design of the Macy's Department ~tore at the Promenade Mall requires the relocation of a portion of an existing storm drain and that portion of storm drain has already been removed from within an existing storm drain easement; B. The owner, Temecula Town Center A sociates, LP has submitted an offer of dedication for a storm drain easement and right of way that is consistent with the proposed relocation of the storm drain; / C. The City will quitclaim a portion of th~ existing storm drain easement that was dedicated on Parcel Map No. 28530-1 by a separate resolution; / D. Acceptance of the easement deed ~erves both the public and private interests of the community. WHEREAS, The City Council of the City oflTemecula hereby desires to accept the storm drain easement and right of way by Temecu a Town Center Associates, LP as descr bed n Exh b t "Aw and shown n Exh b t B attached h~ereto. NOW, THEREFORE, BE IT RESOLVED, Ihat the City Council of the City of Temecula hereby accepts the offer of dedication of storm drain easement and right of way by Temecula Town Center Associates, LP. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 23fd day of October 2001. ATTEST: Susan W. Jones, CMC, City Clerk R:~agdrpt\01\1023\pm 2 Jeff Comerchero, Mayor 28530-1 parcel 2.storm drain easement dedication (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CiTY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula Resolution No. 2001- was duly and regularly adopted Temecula at a regular' meeting thereof held on the 23rd da vote: AYES: 0 COUNCILMEMBERS: NOES:' 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: R:~agdrpt\01\1023\prr 3 California, do hereby certify that f the City Council of the City of October, 2001 by the following ~usan W. Jones, CMC, City Clerk 28530-1 parcel 2.storm drain easement dedication RECORDING REQUESTED BY: City of Temecula, California AFTER RECORDING MAIL TO: City Clerk City of Temecula P.O. BOX 9033 Temecula, CA 92589-9033 ABOVE SIACE FOR RECORDER'S USE / STORM DRAIN EASEMENT / THIS DOCUMENT IS RECORDED AS A BENEFIT TO THE CiTY OF TEMECULA AND iS EXEMPT FROM RECORDING FEE PURSUANT TO SECTION 6103 OF CALIFORNIA GOVERNMENT CODE. ASSESSOR'S PARCEL NO. 910-130-070, 071AND 073 PROJECT NO. MACYS and Co-Trustees of the Temecula Town Center Associates, L. F hereinafter designated GRANTORS, represent that they are th, real property, and for a valuable consideration, receipt of whict' grant, bargain, convey and release unto the City of Temec County of Riverside, State of California, hereinafter design8 assigns, a perpetual STORM DRAIN EASEMENT and dght-ol across the hereinafter described real property for the installatio replacement, reconstruction, and inspection of an enclosed storm dra~n system including any and all structures and appurtances incidental thereto designed to cbnvey stormwater runoffthrough the of the GRANTORS, together with the right to have a~d hold said easement and right-of- property way unto itself and unto its successors and assigns forever a~d to convey said easement, or any portion thereof, to other public agencies. / / The real property referred to hereinabove and made subjedt to said easement by this grant is situated in the City of Temecula, State of California, and is m< ~re particularly described as follows: LEGAL DESCRIPTION (See Exhibits -"A" & "El" attached and in, this reference as set forth in full) The GRANTORS shall not construct buildings or structures, obstruct in any fashion whatsoever the use of said easemenl its successors or assigns without the express written consen by issuance of an Encroachment Permit issued by the GRAI' The GRANTEE shall have the right but not the obligation to re bushes or other obstruction that interfere with the right of the right-of-way. ~, a California Limited Par[nership, · owners of the hereinafter described is hereby acknowledged, do hereby ~la, a municipal corporation, in the led GRANTEE, its successors and -way upon, through, undert over and construction, maintenance, repair, nstall trees or bushes, or otherwise and right-of-way by the GRANTEE, : of the GRANTEE as demonstrated ITEE. hove any buildings, structures, trees ;RANTEE to use said easement and orporated herein by The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in good repair the above described works and shall have a right-of-entry upon the property of the GRANTORS for the purposes of inspecting, operating, maintaining, and keeping in good repair the above described works of improvement. / / There is reserved to the GRANTORS, their successors and ~ssigns, the right and privilege to use the above described land of the GRANTORS at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the GRANTE rights and privileges herein granted. The GRANTORS for themselves, their successors and assi< and all damages to GRANTOR'S remaining property contigu~ by reason of the location, design, construction or maintena~ easement. WITNESS WHEREOF, the GRANTORS have executed thi.~ ~, 2001. GRANTORS: (sign here) (print name here) (title of signatory) By: ,~ (All OWNERS must sign) (Proper notarial acknowledgment of execution by OWNER (President or vice-president and:secretary or assistant sect only one officer signs,:the corporation must attach:a resolui assistant secretary under corporate seal empowering that c (Attach appropriate Subordination Agreements as applicabl E, its successors and assigns, of the Ins, hereby waives any claim for any us to the easement hereby conveyed ~ce of said drainage facilities or said instrument this ¢?~' day of n here) ft~(print name here) (title of signatory) nust be attached.) ~tary must sign for corporations. If on certified by the secretary or [ricer to bind the corporation.) STATE OF OHIO ) ) SS: COUNTY OF CUYAHOGA) BEFORE ME, the undersigned Notary Public ir personally appeared the above named TEMECULA T~ L.P., a California limited partnership, by F.C. Temecul David .I. LaRue, its Vice President, and Layton McCo~ acknowledged that they did sign the foregoing instrum act and deed personally and the free act and deed of~ IN TESTIMONY WHEREOF, I have hereunto Cleveland, Ohio, this ~2~" day of ~ Notary Public and for said County and State, )WNE CENTER ASSOCIATES Inc., its General Partner, by its Assistant Secretary, who ~nt and that the same is their free ;aid partnership. .~t my hand and official seal at 2001. CITY OF TEMECULA CERTIFICATE OF ACCEPT; FOR DEDICATION OF REAL PRO This is to certify the easement dedication dated EASEMENT granted by. and the Temecuia Town Center Associates, L. P., a California ~,NCE =ERTY for a STORM DRAIN , as Co Trustees of imited Partnership, to the City of Temecula, a municipal corporation, has been accepted by to Government Code Section 27281. Said easement was ~ The GRANTEE consents to the recordation thereof by its d~ CITY CLERK'S OFFICE: Date: Attest: Susan W. Jones, CMC, City Clerk H:\PDATA\15100235~OFFICE~WPWIN~storm drain easement.wpd ~e Temecula City Council pursuant ccepted on ~ly authorized officer. RBF CONSULTING 27555 Ynez Road, Suite 41 Temecula, CA 92591 EXHIBIT "A' Legal Description Promenade in Temecul.' Storm Drain Easement That certain parcel of land situated in the City of Temec California, being that portion of Parcel 2 of Parcel Book 192, Pages 38 through 46 of Parcel Maps in the Offi Riverside County, included within two strips of land, the as follows: COMMENCING at the northeasterly terminus of Course ~0 May 11, 2001 JN 15100235-M2 Page 1 of 2 la, County of Riverside, State of [p No. 28530-1 per map filed in :e of the County Recorder of said :enterlines of which are described 'o. 14 (North 73 o t3'46" East 300.27 feet) in the centerline of a storm drain easement as shown on Sheet 9 of 9 of said Parcel Map No. 28530-1; / thence along said course South 73013'46'' West 66.93 feet to the TRUE POINT OF BEGINNING for a strip of land 25.00 feet wide, said poin~ being the beginning of a tangent curve concave southeasterly and having a radius of 45.00 set; thence along said curve southwesterly 31.92 feet through thence tangent from said curve South 32035'08'' West 64.92 curve concave northwesterly and having a radius of 45.00 thence along Said curve southwesterly 31.92 feet through a c bereinafter referred as Point "A". Also, BEGINNING at Point "A" for a strip of land 28:00 fi described as follows: a central angle of 40°38'38"; . feet to the beginning of a tangent 'eet; entral angle of 40°38'38'' to a point et widel the centerline of which is thence tangent from said curve South 73° 13'46" West 121.89 feet to the beginning of a tangent curve concave northerly and having a radius of 45.00 feet: Exhibit "A" Storm Drain Easement thence along said curve westerly 30.62 feet through a cent thence tangent from said curve North 67°47'04" West 95.11 curve concave southerly and having a radius of 45.00 feet thence along said curve westerly 24.60 feet through a centrt intersection with Course No. 12 (North 80o53'55'' East Sheet 9 of 9 and the POINT OF TERMINATION. CONTAINING: 0.249 Acres, more or less. SUBJECT TO all covenants, rights, rights-of-way and ease EXHIBIT "B' attached and by this reference made a part Pre~ the ,,~ymond L. Mathe, PLS 6815 My License Expires 3/31/02 direct supervision of: May 11, 2001 JN15100235-M2 Page 2 of 2 al angle of 38 °59'10"; feet to the beginning of a tangent 1 angle of 31 ° 19'01" to the tangent 437.72 feet) as shown on said ments of record. hereof. 0 1 O0 200 300 GRAPHIC SCALE DATA TABLE ~(NO) B~NG/DELTA RADIUS LENGTH 2 N6 47'04"W -- 95.11 ' 5 43'`58' `58'' 45,00' .51.92' 8 (:7'40'09" 90.00' 12.05' CBNBULTI NE~ 909.676,8p42 · FAX 909.676.7240 · wwwJ=,Bl=,com MAY 11, 2001 1"=100' 15100235-M2 ITEM 1;! TO: FROM: DATE: SUBJECT: ClTY OFTEMECULA AGENDA REPORT City ManagedCity Council ,']/~/~(Nilliam G. Hughes, Director of Public Works, October 23, 2001 APPROVAL CITY ATTORNEY DIRECTOR OF FiNANCE_.~x~ CITY MANAGER City Engineer Quitclaim a portion of a Storm Drain Easement located within Parcel 2 of Parcel Map No. 28530-1 ~/Ronald J. Parks, Deputy Director of PREPARED BY: (~lement M. Jimenez, Associate Engli!l:~irC W°rks RECOMMENDATION: That City Council adopt a resolution entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCI TEMECULA AUTHORIZING THE QUITCLAI A STORM DRAIN EASEMENT TO THE OWNER LOCATED WITHIN PARCEL 20 28530-1 OF THE CITY OF OFAPORTION OF UNDERLYING FEE PARCEL MAP NO. BACKGROUND: On June 23, 1998, the City Council of the City of Temecula approved Parcel Map No. 28530-1 and accepted the offer of dedication for storm drain easements made therein. The Promenade Mall is located on this parcel map and ~s now expanding to accommodate Macy's Department Store. The design of Macy s Department Stor~ has caused the need to relocate a portion of a storm drain located within an existing storm drain~asement. This portion of storm drain has been removed. The owner, Temecula Town Center Associates, LP, has dedicated a storm drain easement and nght of way along the new proposed storm dram ahgnment. Therefore, the C~ty will quitclaim a portion of the existing storm drain easement t, ~ the underlying fee owner, Temecula Town Center Associates, LP. FISCAL IMPACT: None. ATrACHMENT: 1. Resolution No. 2001- 2. Quitclaim Deed with Exhibits "A" and "B" made a par 1 r:~agd rpt\.2001\1023\ : thereof. ~ 28530-1 parcel 2.storm drain easement quitclaim RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUN( TEMECULA AUTHORIZING THE QUITCLAI A STORM DRAIN EASEMENT TO THE OWNER LOCATED WITHIN PARCEL 2 O, 28530-1 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES AS FOLLOWS: WHEREAS, the City Council of the City of Temecula accepted the dedication of storm drain easements made the WHEREAS, the design of the Macy's Department Sto on Parcel Map No. 28530-1 caused the need for the relocati¢ within an existing storm drain easement; and, WHEREAS, the storm drain within the affected ease~ WHEREAS, the underlying owner, Temecula Town C storm drain easement to accommodate the new storm drain . OF THE CITY OF VI OF A PORTION OF UNDERLYING FEE PARCEL MAP NO. -'SOLVE, DETERMINE AND ORDER pproved Parcel Map No. 28530-1 and rein; and, · e located at the Promenade Mall and n of a portion of a storm drain located nent has been removed; and, .~nter Associates, LP, has dedicated a alignment; and, NOW, THEREFORE, BE IT RESOLVED, that the ~ity Council of the City of Temecula hereby approves a quitclaim which quitclaims a portion of a storm drain easement as described in Exhibit "A" and shown in Exhibit "B" to the underlying f~e owners, Temecula Town Center Associates, LP. PASSED, APPROVED, AND ADOPTED, by the Cil Council of the City cf Temecula at a regular meeting held on the 23rd day of October 2001. ATTEST: Susan W. Jones, CMC, City Clerk Jeff Come~ 2 r:~agdrpt\.2001\1023~pm chero, Mayor 28530-1 parcel 2.storm drain easement quitclaim STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temec; Resolution No. 2001-. was duly and regularly adopt~ Temecula at a regular meeting thereof hetd on the 23rd day o AYES: 0 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: 3 r:~agd rpt\.2001\1023' ~la, California, do hereby certify that ,d by the City Council of the City of October, 2001, by the following vote: Susan W. Jones, CMC, City Clerk ~ 28530-1 parcel 2.storm drain easement quitclaim Loan No, WHEN RECORDED MAIL TO: City Clerk's Department City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO: QUITCLAIM DEEI FOR A VALUABLE CONSIDERATION, receipt of which is hereby a does hereby remise, release and forever quitclaim to: Temecula Town Center Associa the real property in the City of Temecula, County of Riverside, State of See Exhibits "A" and "B" attached and ma( Dated } STATE OF CALIFORNIA COUNTY OF } On be~reme, Jeff Personally appeared Susar Personally known to me (or proved to me on the basis of 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(les), and that by His/her/their signature(s) on the instrument the person(s) Or the entity upon behalf of which the person(s) acted, Executed the instrument. WITNESS my hand and official seal. Dated STATE OFCALIFORNIA COUNTY OF } On be~re me, Personally appeared Personally known to me (or proved to me on the basis of of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) Or the entity upon behalf of which the person(s) acted, Executed the instrument. WITNESS my hand and official seal. SPACE ABOVE THIS LINE FOR RECORDER=S USE Lnowledged, THE CITY OF TEMECULA es, LP California, described as: part of this deed Apprt Peter (This Quitc and a (Sign Title omerchero, Mayor W. Jones, CMC, City Clerk vedAs To Form M. Thorson, City Attorney area for official notarial seal.) aim Deed acknowledgement, acceptance, :thorization to record: tture of authorized representative) Date XPM 28530-1 parcel 2 Storm Drain Easement. Quitclaim Deed.dcc DOCUMENTARY TRANSFER TAX $ ....................................... RBF CONSULTINI3 27555 Ynez Road, Suite Temecula, CA 92591 EXHIBIT "A" Quitclaim - Legal Descri Promenade in Temec~ Storm Drain Easeme That certain parcel of land situated in the City of Tem California, being that portion of that certain storm drain identified by Courses 12, 13 and 14 as shown on Sheet ! 28530-1 per map filed in Book 192, Pages 38 through 4{ County Recorder of said Riverside County, bounded following described strip of land 25.00 feet wide, the follows: COMMENCING at the northeasterly terminus of said 400 ~tion tla at May 11, 2001 JN 15100235-M5 Page 1 of 2 300.27 feet) in the centerline of said storm drain easement; / thence along said course South 73013'46'' West 66.¢3 feet to the TRUE POINT OF .'ourse No. 14 (North 73 ° 13'46" East BEGINNING, said point being the beginning of a tang~ having a radius of 45.00 feet; thence along said curve southwesterly 31.92 feet throu thence tangent from said curve South 32°35'08" West 6, curve concave northwesterly and having a radius of 45.( thence along said curve southwesterly 31.92 feet through hereinafter referred as Point "A". And bounded westerly by the northerly line of a strip o of which is described as follows: BEGINNING at said Point "A"; thence tangent from said curve South 73 o 13'46" West 121 curve concave northerly and having a radius of 45.00 fe ;nt curve concave southeasterly and h a central angle of 40°38'38"; 93 feet to the beginning of a tangent feet; central angle of 40°38'38'' to a point land 28.00 feet wide, the centerline .89 feet to the beginning of a tangent · .cula, County of Riverside, State of easement, the centerline of which is ~ of 9 in Parcel 2 of Parcel Map No. of Parcel Maps in the Office of the asterly by the northerly line of the nterline of which are described as Exhibit "A" Storm Drain Easement Quitclaim thence along said curve westerly 30.62 feet through acer thence tangent from said curve North 67o47'04'' West 95.1 curve concave southerly and having a radius of 45.00 fee' thence along said curve westerly 24.60 feet through a cent intersection with said Course No. 12 ( North 80053'55' OF TERMINATION. EXHIBIT "B' attached and by this reference made a pm Prepared under the direct supervision of: May 11, 2001 JN 15100235-M5 Page 2 of 2 tral angle of 38°59'10"; 1 feet to the beginning of a tangent al angle of 31 o 19'01" to the tangent East 437.72 feet) and the POINT t hereof. 100 0 lO0 2OO 500 GRAPHIC SCALE DATA TABLE BRNG/DELTA RADIUS LENGTH 2 N67:47:o4::w--, 3 ~B 59 10 45.00 30.62 4 S~3°13'46"~ -- 121.89' 5 ~0'38'38" 45.00' 51.92' 6 S~2'35'08"W -- 64.93' 7 ~0°38'38'' 45.00' 3~.9~' 8 07°40'09'' 90.00' 12.05' PA~,C_~L MAP N P,IVLB, 192/38~4 P c, jL, 2 o53'55"E 437.72' P ~soSO cA_ REG I ONAL EXHIBIT '3' QUITCt,AIM STORM DRAIN EASEMENT SHEET 1 DF 1 SHEET I~MECUt. A, CALIFORNIA 92591-4679 I SCALE I FIELD BOOK MAY !1,. 2001 :~,i~ : 1'=100' JOB NB. 15100235-M5 ITEM 1 ,' TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council APPROVAL CITY ATTORNEY ~ DIRECTOR Of FINANCE/~.__ CITY MANAGER -~/~/~/Villiam G. Hughes, Director of Public iWorks/City Engineer / October 23, 2001 Tract 28850 ReimburSement Agreement for DIF Fee Richmond America Homes of Southe~ California PREPARED BY: Ronald J. Parks, Deputy Director of Plblic Works / RECOMMENDATION: That the City Council approvffthe Reimbursement Agreement for Development Impact Fee (DIF) between the City of Temecula and Richmond American Homes of Southern California for Tract 28850, in the amount of $57,~22.77, and authorize the Mayor to execute the agreement. ~ BACKGROUND: On August 5, 1998, the Planning Cgmmission of the City of Temecu a approved Planning Application No. PA 98-0171 allowing DEVELOPER to subdivide 20.83 acres into 141 detached condominium lots and construct 141 homes 0n the south side of Margarita Road between Avenida Sonoma and Avenida Barca. The Project n~ame is Laurel Creek and the tract is Tr. No. 28850. Condition 30.1. of the Conditions of Approval of PA 98-0171 provides that pr or to Approval of the Final Map the Developer is required to install half-width roadway improvements on Mamadta Road including a 14 foot raised landscaped median adjacent to th~ Development The D~VELOPER applied for and received DIF Credits for half the cost of the 14 foot raised landscaped median because it met the definition of Regional Improvements. The DEVELOPER had completed the median construction and was ear complet on of the construcbon of the Development before a DIF Trust account could be established. The DEVELOPER had ~)aid the DIF fees with each building permit prior to the DIF Trust Account being established and the fees paid for this project have accumulated to over $100,000 since 1998. J City staff has verified the invoices and has confirmed that th~ amount eligible for DIF Credit was $57,822.77. CITY applied DIF Credits to the balance of the eleven remaining permits which only amounted to $8,107.00. The CITY now desires to refund the overpayment of DIF Fees in the amount of $49,715.77. FISCAL IMPACT: There would be a reduction of the DIF amount of $49,715.77. The DEVELOPER has already rec, $8,107.00. ATTACHMENTS: 1. DIF Reduction Letter dated, April 15, 2001 2. REIMBURSEMENT AGREEMENT for DIF FEES, Tr. fees collected for this project in the ;ived DIF Credits in the amount of 28850 R:~AGENDA REPORTS~2001\1023\TR28850 Reimb Agm~t. DOC10/23\]TR28850 Reimb Agrmt/ajp dress ~0. ~3oxgO33.Temecula. CA 9258c). April 16, 2001 John Mecklenburg Richmond American Homes of Southern California 104 W. Grand Avenue, Suite A Escondido, CA 92025 Subject: Development Impact Fee Reduction ~equest- Tract 28850 Dear Mr. Mecklenburg: / This letter will serve to approve your request for a Development Impact Fee (DIF) Reduction for Tract 28850. It has been determined that your ~roiect is elioible to rece;,,o ~D!F credits for ~half the cost of the 14 foot raised lan~caped ~ne~tian on ~garita Ro~~. total invoices tot the construction of the full median] were verified to be $I 15,645.54. Your project is eligible for half of that mount or $57 122.77. A DIF Trust Account has been established at the City to allow for DIF reim ~ursement for the Street System Component in the amount of $57,822.77. The remainir DIF shall be paid to the City. Should you have any questions regarding this letter, pie se feel fi'ee to contact me or Ron Parks at (909)694-6400. Sincerely, Gary Thomlfill Deputy City Manager cc: Shawn Nelson, City Manager Jim O'Grady, Assistant City Manager Bill Hughes, Director of Public Works Genie Roberts, Director of Finance .,~ -i R~£1)Bi~tr.difreduction r~queStTr28850, doc : REIMBURSEMENT AGREEI For DIF FEE BETWEEN /lENT CITY OF TEMECULA AND RICHMOND AMERICA HOMES TR. 28850 THIS AGREEMENT is made and entered into as of ctober 23, 2001, between the City of Temecula, a municipal corporation, hereinafter referred to as the and Richmond America Homes of Southern California, a California Cor~poration, hereinafter referred to as "DEVELOPER". In consideration of the mutual promises ~nd covenants contained herein, the parties hereto mutually agree as follows: / / SECTION h Recitals, This Agreement is made with respect to the following facts and purposes, which each of the parties hereto agree ar~ true and correct: a. On August 5,1998, the Planning CommissionJ of the City of Temecula approved Planning Application No. PA 98-0171 allowiqg DEVELOPER to subdivide 20.83 acres into 141 detached condominium lots and construct 141 homes on the south side of Margarita Road between Avenida Son( name is Laurel Creek and the tract is Tr. No. Condition 30.1. of the Conditions of Approval Approval of the Final Map the Developer is re improvements on Margarita Road including adjacent to the Development. DEVELOPER applied for and received DIF Cr~ ma and Avenida Barca. The Project 8850. PA 98-0171 provides that prior to ]uired to install half-width roadway 14 foot raised landscaped median lits for half the cost of the 14 foot raised landscaped median because it met the c efinition of Regional Improvements; I ' ' I t'on of DEVELOPER had completed the median constluct~on ano was near comp e ~ the construction of the Development before a DIF Trust account could be established. DEVELOPER had paid the DIF fee the DIF Trust Account being established. accumulated to over $100,000; CITY has verified the invoices and has confirr Credit was $57,822.77. CITY applied DIF C~ remaining permits, which only amounted to ~1 CITY now desires to refund the overpaym( $49,715.77; s with each building permit prior to ]e fees paid for this project have led that the amount eligible for DIF dits to the balance of the eleven [, 1 O7.00. nt of DIF Fees in the amount of The parties now desire to set forth the terms the costs of the 14 foot raised landscaped me~lian the CITY's reimbursement of half in Margarita Road. SECTION II. Construction of Improvements. DEVELOPER shall have constructed and installed all of the improvements described above in accordance w th plans and specifications approved by the Director of Public Works (the "Director") and sub ~ct to the terms of this Agreement. SECTION III. CITY Obligations. In order to implement.he construction of the Improvements pursuant to this Agreement, CITY shall: / a. Review and approve design of the Improvements Obtain possession all of necessary rights of the Improvements. Pay to the DEVELOPER the sum specified SECTION IV. DEVELOPER Obligations. Improvements, DEVELOPER shall have: In order to Provided CITY with its completed plans a~ of the described Improvements; Constructed and install the Improvements specifications approved by the Director of Obtained the bids of not less than three Director of Public Works, and awarded the responsible bidder; Required the contractor to pay prevailing w, Labor Code Section 1770 et seq. and appli Commissioner; Provided and required the contractors to amounts and types as set forth on Exhibit Supervise and manage the construction of SECTION V. Inspection. DEVELOPER shalt pay the req provide inspection for improvements as conditioned for · reimbursable. way necessary for the construction Section I. f. ~rdinate the construction of the specifications for the construction in accordance with the plans and 3ublic Works; SECTION VI. Notices. Any payments or notices whi the other party under this Agreement must be in writi personal service, (ii) delivery by a reputable document deli to, Federal Express, that provides a receipt showing date addressed to the address of the party as set forth below may later designate by Notice: CITY: City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92590 Attn: Ronald J. Parks, Depu 2 q~alified bidders, as approved by the construction contract to the lowest ~ges for the work in accordance with ;able regulations of the State Labor ,vide and maintain insurance in the ~, Insurance Requirements; the Improvements; Jired inspection fees and CITY will heir development and they are not ;h either party may desire to give to ~g and may be given either by (I) /ery service, such as but not limited and time of delivery, or requested, r at any other address as that party Director of Public Works net Files\OLK41A1\TR28850 OIF REIMBERSEMENTagmt.doc DEVELOPER: Richmond America Homes of Southern California 104 W. Grand Avenue, Suite A Escondido, CA 92025 Attn: John Butler, Project M; Either party may change its address for notices by notifyir at the most recent address specified, shall be deemed to ~nager g the other party. All notices given have been properly given. SECTION VII: Applicable Law. The CITY and DEVEL()PER understand and agree that the laws of the State of California shall govern the rights, obllgat~ons, duties and hab~ht~es of the parties to this Agreement and also govern the interpretat,on of this Agreement. t h II take in the SECTION VIII: Litigation. Any litigation concerning this Agreemen s a place municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event litigation is filed by one or more oI the parties to this Agreement, the prevailing party in such litigation shall be entitled to an aw ard of reasonable attorney fees and litigation expenses as determined by the Court. SECTION IX: Entire Agreement. This Agreement contai the parties relating to the obligations of the pattie reimbursement of the costs of the Improvements. All pri¢ understandings, rep[esentations and statements, oral or for the costs of the Improvements are merged into this force or effect. SECTION X. Independent Investigation. Each party is solely upon the representations set forth herein and investigation of any and all facts such party deems matel SECTION Xl: Indemnification. Each party shall del harmless the other party, its officers, officials, employees and all claims, demands, losses, defense costs or expens which the indemnified party, its officers, agents and empl( ns the entire understanding between relating to apportionment and or contemporaneous agreements, ritten, relating to the reimbursement reement and shall be of no further ~ntering into this Agreement based on each party's own independent iai. .~nd, indemnify, protect and hold ~nd volunteers from and against any .~s, or liability of any kind or nature ,yees may sustain or incur or which may be imposed upon them for injury to or death of person~, or damage to property arising out of other party's negligent or wrongful acts or omissions~,.~n performing or failing to perform under the terms of this Agreement, excepting only liab party's own negligence or wrongful conduct. SECTION XlI. Authority to Execute Agreement. The p~ Agreement on behalf of DEVELOPER and CITY each wan has the authority to execute this Agreement on behal applicable, and has the authority to bind DEVELOPE[ performance of its obligations hereunder. SECTION Xlll. Counterparts. This Agreement may counterparts, each of which when so executed and deliver and all of which counterparts taken together shall constitu lity arising out of the indemnified rson or persons executing this ants and represents that he or she of the DEVELOPER or CITY, as or CITY, as applicable, to the be executed in any number of .=d shall be deemed to be an original :e but one and the same instrument. SECTION XlV. Modification. No modification, wavler or discharge of this Agreement shall be valid unless the same is in writing and signed by the~ party against which enforcement 1 C:\WlNOOWS/Temporary Iht met Files\OLK41Al\TR28850 DIF REIMBERSE~4ENTegml.dOC of such modification, waver or discharge is or may be so SECTION XV. Further Assurances. Each party shall take implement the terms of this Agreement. SECTION XVI. Exhibits. The following exhibits are atta~ incorporated into this Agreement as though set forth in Exhibit A~ Plans and Specifications for the Co median in Margarita Road. (by reference) Exhibit B. None Exhibit C. Insurance Requirements IN WITNESS WHEREOF, the parties hereto have caused thi and year first above written. CITY OF TEME Jght. all actions reasonably necessary to hed to this Agreement and each is struction of the raised landscaped s Agreement to be executed the day CULA .Jeff Comerchero, Mayor Attest: Susan Approved As Peter M DEVELOPER Richmond Ame Title: By: Name: J. Jones, CMC, City Clerk Form: Thorson, City Attorney rica Homes of Southern California OCT.-IO'Oi(WEB) 08:57 RICHMOND AMERICAN HOMES TEL:760 745 4516 P. 005 of such modification, waver or discharge is or may be sou hr. / SECTION XV. Further Assurances, Each party shall take alI actions reasonably necessary to implement the terms of this Agreement. / SECTION XVI, Eahibite, Tho following exhibits are attached to this Agreement and each is incorporated into this Agreement as though set forth in full Exhibit A. Plans and Specifications for the Coast median in Margarita Road. (by reference} Exhibit B. None Exhibit C, Insurance Requirements IN WITNESS WHEREOF, the parties hereto have caused this and year first above written, CITY OF TEMEC Ue Attest: SussnW. 'uction of the raised landscaped ~.greement to be executed the day JLA Comercharo, Mayor Jones, CMC. City Clerk Approved As to lotto: Peter M. 1 DEVELOPER Richmond Ameri( By: Title: ~C~'~ By: Name: Title: 'horson, CiW Attorney Homes of*~i~mm California ITEM 1' TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council /~,~/Villiam G. Hughes, Director of Public October 23, 2001 Solicitation of Construction Bids APPROVAL~"t" ~'"' l/ ClTYATTORNEY DIRECTOROF FINA~C~:~j~_ CITY MANAGER Works/City Engineer and Approval of the Plans and Specifications for Project No. PW0,)-31, Traffic Signal and Delineation Modifications Winchester Road (StatUe Route 79 North), Northbound 1-15 Ramps to Ynez Road PREPARED BY: Amer Attar, Senior Engineer Brian Guillot, Assistant Engineer RECOMMENDATION: That the City Council approves the Construction Plans and Specifications, and authorizes the Department of Public Wor Is to solicit bids for Project No. PW00- 31, Traffic Signal and Delineation Modifications Winchester Road (State Route 79 North), Northbound 1-15 Ramps to Ynez Road. BACKGROUND: The project consists of restriping Winchester Road between Ynez Road and the northbound 1-15 onramp in order to improve traffic flow. S~ecifically, the project involves adding an additional dedicated right turn lane for the northbound 1-15 ~'amp. This necessitates the relocation of traffic signal loops on Winchester Road, and minor modifications to the traffic signals at the intersections of Ynez Road and the 1-15 north bound onramps. '1 The Public Works Department has applied for, and received, !n encroachment permit from Caltrans to perform this work. The Plans, Specifications and Contract Documents have been completed and the project is readyto be advertised for construction bids. These Plans and Speci[ cations are available for review in the City Engineer's office. The Engineer's estimate for this project is $28,000.00. FISCAL IMPACT: Adequate funds are available in Ac(ount No. 001-164-602-5412, Public Works Traffic Improvement, to do the required work. ATTACHMENT: Attachment "A" 1 PROJECT LOCATION CALIFORNIA ITEM 1 .~ TO: FROM: DATE: SUBJECT: APPROVAL ~/,,t*~"'-II ClTYATTORNEY ~ II DIRECTOR OF FINANCE ~ CITY MANAGER ~/~/ I[ CITY OF TEMECULA AGENDA REPORT City ManageflCity Council William G. Hughes, Director of Public October 23, 2001 Award of Construction Contract for th Signal on Pala Road at Loma Linda Road, Works/City Engineer Installation of a Temporary Traffic Project No. PW98-14 PREPARED BY: Ali Moghadam, Senior Engineer Jerry Gonzalez, Associate Engineer RECOMMENDATION: That the City Council: Award a construction contract for the Installation of a' at Loma Linda Road, Project No. PW98-14 to DBX, authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders of $7,642.60, which is equal to 10% of the contract emporary Traffic Signal on Pala Road nc. in the amount of $76,426.00, and not to exceed the contingency amount mount. Jirected to expedite installation of a to reduce vehicular delays at this Vay Stop Signs. In order to expedite se the controller and controller cabinet BACKGROUND: The Public Works staff was temporary traffic signal on Pala Road at Loma Linda Ro~ intersection. This intersection is currently controlled byAIl-~ installation of this traffic signal, staff placed an order to purch~ separately. In addition existing spare poles from other projects are being utilized to eliminate the 18 to 20 week lead-time required for manufacturing new poles. Three (3) bids were received and publicly opened on Octobe 11,2001 and results were as follows: 1. DBX, Inc ............................................................................................. $76,426.00 2. Steiny & Company ............................................................................. $79,829.00 3. Moore Electrical Contractors .......................... J ................................... $97,000.00 Staff has reviewed the bid proposals and found DBX, Inc. of responsible bidder for this project. In the past, DBX, Inc. projects for the City. Staff has contacted references and dete performed similar type of work in the past. The specifications allow thirty (30) working days for complel A copy of the bid summary is available for review in the Cib Temecula, California to be the lowest has completed several traffic signal ~rnined that DBX, Inc. has satisfactorily on of this project. Engineer's office. ! FISCAL IMPACT: The installation of a Temporary Traffic Signal on Pala Road at Loma Linda Road is a Public Works Department Traffic Improvement Project and is funded through the Public Works Department, Traffic Division, Traffic Improvement Account No. 001-164-602-5412. Adequate funds are available for the total construction co~t of $84,068.60, which includes the contract amount of $76,426.00 plus the 10% contingency ar~ount of $7,642.60. ATTACHMENT: Contract 2 CiTY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW98-14 TEMPORARY TRAFFIC SI-~NAL PALA ROAD AT LOMA LIND~ ROAD THIS CONTRACT, made and entered into the 23rd day ofJOctober, 200'l,by City of Temecula, a municipal corporation, hereinafter re' hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the considerati¢ as follows: and between the erred to as "CITY", and DBX, Inc., n hereinafter named, mutually agree CONTRACT CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instruction~ to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Sp(~cifications entitled PROJECT NO. PW98-14, TEMPORARY TRAFFIC SIGNAL, PAL~, ROAD AT LOMALINDA ROAD, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standald Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Spec f cat ons for Public Works Construction, ~nclud~ng all supplements as written and promulgated by the Joint Coope'rative Committee of the Southern California Chapter of the American Associated IGeneral Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specification~s for PROJECT NO. PW98-14, TEMPORARY TRAFFIC SIGNAL, PALA ROAD .~ LOMALINDA ROAD. Copies of these Standard Specifications are available from the )ublisher: Building New, Incorporat~ 3055 Overland Avenue Los Angeles, California 90 )34 (213) 202-7775 The Standard Specifications will control the gener~ provisions, construction materials, and construction methods for this Contract exc ~pt as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW98-14, TEMPORARY TRAFFIC SIGNAL, PALA ~ROAD AT LOMALINDA ROAD. / In case of conflict between the Standard Spe(~ifications and the other Contract Documents, the other Contract Documents shall tal~e precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of complete detail, it is understood that the item is to t and in place and that only the best general practk CA~ the work in general terms, but not in e furnished and installed completed e is to be used. Unless otherwise R:~CIP~P R O J ECTSIPW98~,0w98_14~CONTRA CT.dot specified, the CONTRACTOR shall furnish all lab incidentals, and do all the work involved in executir The Contract Documents are complementary, and as binding as if called for by all. Any conflict b, Contract Document shall be resolved in favor of this 3r, materials, tools, equipment, and the Contract. /hat is called for by anyone shall be ;tween this Contract and any other Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation service~required for the following: / PROJECT NO, PW98-14, TEMPORARY TRAFFIC SIGNAL PALA ROAD AT LOMA LI!NDA ROAD All of said work to be performed and materials accordance with the Drawings and Specifications Documents hereinabove enumerated and adopted CITY APPROVAL. All labor, materials, tools, equip to be furnished shall be in strict and the provisions of the Contract CITY. ent, and services shall be furnished and work performed and completed under the dire~:tion and supervision, and subject to the approval of CITY or its authorized representativ(~s. CONTRACT AMOUNT AND SCHDULE. The CITY agrees to pay, and CONTRACTORagrees to a--'~-~cept, ~ment for, the work agreed to be done, the sum of: SEVENTY SIX THOUSAND FOUR HUNDRED TWENTY SIX DOLLARS and NO CENTS ($76,426.00), the total amount of the ba~e bid. CONTRACT that the City Manager is hereby authorized by the C changes or additions to the work in an amount established by the City Council. PAYMENTS UNIT PRICE BID SCHEDULE: A. CONTRACTOR agrees to complete the work in a period not to exceed Thirty (30) working days, commencing with delivery of a Notic~ to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be al~proved by the City Council, except ty Council to make, by written order, not to exceed the contingency as Pursuant to Section 20104.50 of the Public :ontract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each succes~sive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of finhl payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. CA-1 R:~CIP~PROJECTS~W98~pw98_14~CONTRACT~dot Construction and Section 9203 of the Publ retention may be requested by the Contra Engineer if the progress of the construction is more than 50% complete. The Coun¢ reduce the retention to the Engineer. Payments shall be made on demands dr~wn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has beer performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payment~ on the Contract price shall not be considered as an acceptance of any part of t~e work. / Code Section 7107 is hereby incorporated by reference. / In accordance with Section 9-3.2 of the Standard Specifications for Public Works c Contract Code, a reduction in the :tor for review and approval by the ~as been satisfactory, and the project hereby delegates its authority to WARRANTY RETENTION. Commencing with th recorded, the CITY shall retain a portion of the Con performance and correction of construction deft( schedule: RETENTION PERI 180 days CONTRACT AMOUNT 180 days $25,000 0 $75,000 One Year $75,00- $500,000 Over $500,000 date the Notice of Completion is :ract award price, to assure warranty :lencies according to the following OD RETENTION PERCENTAGE 3% $2,250 + 2% of amount in excess of $75,000 $10,750 + 1% of amount in excess of $500,000 LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees t¢ one thousand dollars ($1,000.00) per day for each beyond the time allowed pursuant to Paragraph 4 deducted from any payments due to or to become shall be deducted from any payments due to or CONTRACTOR will be granted an extension of tim~ damages for unforeseeable delays beyond the forfeit and pay to CITY the sum of calendar day completion is delayed )f this Contract. Such sum shall be due to CONTRACTOR. Such sum Io become due to CONTRACTOR. ~ and will not be assessed liquidated ontrol of, and without the fault or negligence of, the CONTRACTOR including delays Caused required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each 6 above, CONTRACTOR shall submit to CITY, in w to work related to the payment. Unless the CONTF the by CITY. CONTRACTOR is [uest for payment under Paragraph 'iting, all claims for compensation as ACTOR has disputed the amount of payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the paymedt. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agree CONTRACT CA-2 ment with each claim for payment. R:~CIP~PROJECTS~OW98~JS_14~CONTRACT.dot 10. 11. 12. 13. 14. 15. CONTRACT PREVAILING WAGES. Pursuant to the provisions ~ the State of California, the City Council has obtain diem wages and the general rate for holiday and ¢ craft, classification, or type of workman needed Director of the Department of Industrial Relations. Clerk. Copies may be obtained at cost at th CONTRACTOR shall post a copy of such wage re ~f Section 1773 of the Labor Code of 9d the general prevailing rate of per vertime work in this locality for each to execute this Contract, from the These rates are on file with the City .~ City Clerk's office of Temecula. res at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1~77.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less tt~an the stipulated prevailing rates for any work done under this Contract, by him or I~y any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction ~ ~ ~r ~elivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, Ihold harmless and defend CITY, its officers, employees, and agents, against any and all]liability, injuries, or death of persons (CONTRACTOR's employees included) and damCge to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be respons,ible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project The CITY shall deduct such costs from Progress P~yments or final payments due to the CITY. GRATUITIES. CONTRACTOR warrants that neithe~ it nor any of its employees, agents, or representatives has offered or given any gratuitie~s or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the IDrawings and Specifications for this project. CONTRACTOR further warrants that nO person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract CONTRACTOR shall file with the City Manager, its affidavit stating that a workmen and persons employed, all firms supplyir~g materials, and all subcontractors upon the Project have been paid in full, and that the~'e are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connecbon w~th a Stop Notice which has been filed under the provisions of the laws of the St~ CA-3 te of California. R:~CIP~PROJECTS~PW98~ow98_14~CONTRACT.dot 16. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor d~spute is delaying or threatens to delay the timely performance of ' · the Contract, CONTRACTOR shall mmedlately g~ve not ce thereof, including all relevant information with respect thereto, to CITY. 17. 18. 19. 20. BOOKS AND RECORDS. CONTRACTOR's boo thereof as may be engaged in the performance of times be subject to inspection and audit by any auth INSPECTION. The work shall be subject to in.~ authorized representatives during manufacture an, places, including without limitation, the plans of C( CONTRACTOR shall provide all reasonable faciliti~ convenience of inspectors. All inspections and test records, and plans or such part Ihis Contract, shall at all reasonable 3rized representative of the CITY. as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or ot~er prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. / DISCRIMINATION. CONTRACTOR represents tha~t it has not, and agrees that it will not, discriminate in its employment practices on Ithe basis of race creed, rel g on, national origin, color, sex age, or handicap. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligationJs, duties and liabilities of the parties to this .Contract and also govern the interpretatio~n of this Contract. Any litigation concerning this Contract shall take place in the mBnicipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation ection and testing by CITY and its construction and all other times and ~TRACTOR and any of its suppliers. and assistance for the safety and shall be performed in such manner between the parties concerning this Contract, the p Court, shall be entitled to actual and reasonable incurred in the litigation. 21. ADA REQUIREMENTS. By signing this contract, C( 22. evailing party as determined by the attorney fees and litigation costs ,ntractor certifies that the Contractor is in total compliance with the Americans with Disal,ilities Act of 1990, Public Law 101- 336, as amended. WRITTEN NOTICE. Any written notice required toiDe given in any part of the Contract Documents shall be performed by depositing the sale in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: William G. Hughes, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this date first above written. CONTRACT CA~ Contract to be executed on the R:~ClP~PROJECTS~PW98~pw98_14~CONTRACT.dot DATED: DATED: CONTRACTOI~: DBX, Inc. 42066 AvenidalAIvarado, #C Temecula, CA ~)2590 Jim Peri, President CITY OF TEMECULA: By: Jeff Co!erchero, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT CA-5 R:~CIP~PROJECTS~PW98~v98_14~CONTRACT.dot ITEM 16 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Director of Public October 23, 2001 Award of Construction Contract for th Signal on Pala Road at Wolf Valley PREPARED BY: Ali Moghadam, Senior Engineer Jerry Gonzalez, Associate Engineer RECOMMENDATION: That the City Council: Award a construction contract for the Installation of a' at Wolf Valley Road, Project No. PW98-15 to DBX, authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders of $7,204.00, which is equal to 10% of the contract ~ APPROVAL ,~,,./ CITYATTORNEY ~ II DIRECTOR OF FINAIx, I~,~,E.~.~/~._ II C,TYMANACER II Works/City Engineer Installation of a Temporary Traffic oad, Project No. PW98-15 'emporary Traffic Signal on Pala Road nc. in the amount of $72,040.00, and not to exceed the contingency amount mount. BACKGROUND: The Public Works staff was Jirected to expedite installation of a temporary traffic signal on Pala Road at Wolf Valley RoAd to reduce vehicle delays at this intersection. This intersection is currently controlled by AlIA installation of this traffic signal, staff placed an order to purch~ separately. In addition existing spare poles from other projec to 20 week lead-time required for manufacturing new poles. Three (3) bids were received and publicly opened on Octobe~ Vay Stop Signs. In order to expedite se the controller and controller cabinet :s are being utilized to eliminate the 18 11,2001 and results were as follows: DBX, Inc ............................................................................................. $ 72,040.00 Steiny & Company ............................................................................ $ 78,542.00 Moore Electrical Contractor ............................................................... $106,021.00 Staff has reviewed the bid proposals and found DBX, Inc. of responsible bidder for this project. In the past, DBX, Inc. projects for the City. Staff has contacted references and detel performed similar type of work in the past. The specifications allow thirty (30) working days for completi A copy of the bid summary is available for review in the City Femecula, California to be the lowest has completed several traffic signal mined that DBX, Inc. has satisfactorily 3n of this project. --ngineer's office. FISCAL IMPACT: The installation of a Temporary Traffic Signal on Pala Road at Wolf Valley Road is a Public Works Department Traffic Improverqent Project and is funded through the Public Works Department, Traffic Division, Traffic Improvement Account No. 001-164-602-5412. Adequate funds are available for the total construction co~t of $79,244.00, which includes the contract amount of $72,040.00 plus the 10% contingency a~ nount of $7,204.00 ATTACHMENT: Contract 2 CONTRACT FOR I PROJECT NO. PW98-'1,5 TEMPORARY TRAFFIC SIGNAL PALA ROAD A T WOLF VALLEY ROAD f ~ t b 2001 b THIS CONTRACT, made and entered into the 23'd day o ~ c o er, , y City of Temecula, a municipal corporation, hereinafter re hereinafter referred to as "CONTRACTOR." CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT WITNESSETH: That CITY and CONTRACTOR, for the considerati( as follows: CONTRACT and between the CONTRACT DOCUMENTS. The complete Con Documents, to wit: Notice Inviting Bids, Instruction Bond, Labor and Materials Bond, Plans and Sp PW98-15, TEMPORARY TRAFFIC SIGNAL, PALl Insurance Forms, this Contract, and all modification of California Department of Transportation Stand~ erred to as "CITY", and DBX, Inc., hereinafter named, mutually agree :ract includes all of the Contract to Bidders, Proposal, Performance ..cifications entitled PROJECT NO. ROAD AT WOLF VALLEY ROAD, and amendments thereto, the State rd Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Pubhc Works Construcbon, ~nclud~ng all supplements as written and promulgated by the Joint Coopdrative Committee of the Southern California Chapter of the American Associated~General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Spec~ficaboqs for PROJECT NO. PW98-15, TEMPORARY TRAFFIC SIGNAL, PALA ROAD AT WOLF VALLEY ROAD. Copies of these Standard Spec ficat OhS are ava ab e from th(~ pub sher B 'Id' N I t d MI lng aw, ncorpora e 3055 Overland Avenue~ Los Angeles, California 90534 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for th~s Contract except as amended by the General Specifications, Special Provision, and Technical PW98-15, TEMPORARY TRAFFIC SIGNAL, PAL.~ In case of conflict between the Standard Spe Documents, the other Contract Documents shall ta lieu of, such conflicting portions. Where the Contract Documents describe portions ol complete detail, it is understood that the item is to I and in place and that only the best general practi CA~) Specifications for PROJECT NO. ROAD AT WOLF VALLEY ROAD. ;ifications and the other Contract ~e precedence over, and be used in the work in general terms, but not in )e furnished and installed completed ;e is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all lab~)r, materials, tools, equipment, and incidentals, and do all the work involved in executin the Contract. The Contract Documents are complementary, and chat is called for by anyone shall be as binding as if called for by all. Any conflict b tween this Contract and any other Contract Document shall be resolved ~n favor of th~s Contract. SCOPE OF WORK. CONTRACTOR shall perform ~verything required to be performed, shall provide and furnish all the labor, mater als, necessary tools, expendable equipment, and all utility and transportation services requ red for the following: PROJECT NO. PW98-15, TEMPORARY TRAFFIC SIGNAL PALA ROAD AT WOLF VALLEY ROAD All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications Jand the provisions of the Contract Documents hereinabove enumerated and adopted b~, CITY. / CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished ~ ~ performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHDULE. The CITY agrees to pay, and CONTRACTORagrees to accept, in full payment f~r, the work agreed to be done, the sum of: SEVENTY TVVO THOUSAND FORTY DOLLARS and NO CENTS ' ($72,040.00), the total amount of the base bid. ~ CONTRACTOR agrees to complete the work in ~ .period not to exceed Thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are ~pproved by CITY. CONTRACT CHANGE ORDERS. Ail change orders shall be 3proved by the City Council, except that the City Manager is hereby authorized by the ity Council to make, by written order, changes or additions to the work in an amoun not to exceed the contingency as established by the City Council. PAYMENTS UNIT PRICE BID SCHEDULE: A. Pursuant to Section 20104.50 of the Public ~ ;ontract Code, within thirty (30) days after submission of a payment request to thb CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) ]lof the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of fina payment and the CONTRACTOR filing a one-year Warranty and an Affidavil forms provided by the CITY. CA-1 of Final Release with the CITY on B. Payments shall be made on demands draWn in the manner required by law, accompanied by a certificate signed by thelCity Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount §tared in the certificate is due under the terms of the Contract. Partial payment~ on the Contract price shall not be considered as an acceptance of any part of the work. / C. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated b~, reference. / D. In accordance with Section 9-3.2 of the Starddard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the ContraCtor for review and approval by the Engineer if the progress of the construction I~as been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: L CONTRACT AMOUNT RETENTION PERI D RETENTION PERCENTAGE 3% $25,000 0 $75,000 $75,00 - $500,000 Over $500,000 180 days 180 days One Year $2,250 + 2% of amount in excess of $75,000 $10,750 + 1% of amount in excess of $500,000 LIQUIDATED DAMAGES - EXTENSION OF TIME. Code Section 53069.85, CONTRACTOR agrees t( one thousand dollars ($1,000.00) per day for each beyond the time allowed pursuant to Paragraph 4 deducted from any payments due to or to become shall be deducted from any payments due to or CONTRACTOR will be granted an extension of tim, damages for unforeseeable delays beyond the negligence of, the CONTRACTOR including delays required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each r, ~ ~ CONTRACTOR shall submit to CITY, in ~A In accordance with Government forfeit and pay to CITY the sum of calendar day completion is delayed )f this Contract. Such sum shall be due to CONTRACTOR. Such sum to become due to CONTRACTOR. ; and will not be assessed liquidated '.ontrol of, and without the fault or caused by CITY. CONTRACTOR is ;quest for payment under Paragraph riting, all claims for compensation as to work related to the payment. Unless the CONTF'~CTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of ea h payment shall constitute a release of all claims against the CITY related to the paymen, t. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT CA-2 10. 11. 12. PREVAILING WAGES. Pursuant to the provisions ~f Section 1773 of the Labor Code of the State of California, the City Council has obtain ~d the general prevailing rate of per diem wages and the general rate for holiday and ¢ vertime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. iThese rates are on file with the City Clerk. Copies may be obtained at cost at thee City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage ra!es at the job site and shall pay the adopted prevailing wage rates as a minimum. C~NTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 11777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Cod, e, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calehdar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less titan the stipulated preva~hng rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. ~ / TIME OF THE ESSENCE. Time is of the essence in this contract. / INDEMNIFICATION. All work covered by this Con[ract done at the site of construction or in preparing or delivering materials to the site sl~all be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, lhold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and dam indirectly out of the obligations herein undertaken ¢ CONTRACTOR, save and except claims or litigal negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be respon~ age to property, arising directly or out of the operations conducted by ons arising through the sole active ;ible for reimbursing the CITY for any and all costs incurred by the CITY as a result of S~op Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the GRATUITIES CONTRACTOR t th t th t f t I t 13. . warrans a nei eri noranyo isempoyees, agens, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 14. CONFLICT OF INTEREST CONTRACTOR warrants that he has no blood or marriage ~ ~ t-'~'~-t ~ not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of theI Drawings and Specifications for this project. CONTRACTOR further warrants that np person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT Aft th I t ' f th k t I t d 15. . er ecompeion o ewor conempae by this Contract, CONTRACTOR shall file with the City I~lanager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that the:re are no claims outstanding against the Project for either labor or materials, except cert affidavit covering disputed claims or items in conn been filed under the provisions of the laws of the Sb CONTRACT CA-3 )in items, if any, to be set forth in an .~ction with a Stop Notice which has ,te of California. 16. 17. NOTICE TO CITY OF LABOR DISPUTES. When,~ver CONTRACTOR has knowledge that any actual or potential labor dispute is delay performance of the Contract, CONTRACTOR sh including all relevant information with respect theret BOOKS AND RECORDS. CONTRACTOR's boo ng or threatens to delay the timely 311 immediately give notice thereof, , to CITY. ;s, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 18. 19. 20. 21. 22. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture andIconstruction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facd~t~s and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shal! be subject to final inspection and acceptance notwithstanding any payments or o~her prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents th~at it has not, and agrees that it will not, discriminate in its employment practices on national origin, color, sex age, or handicap. GOVERNING LAW. The City and Contractor unde State of California shall govern the rights, obligatiol to this Contract and also govern the interpretati the basis of race, creed, religion, 'stand and agree that the laws of the ~s, duties and liabilities of the parties 3n of this Contract. Any litigation concerning this Contract shall take place in the rqunicipal, superior, or federal district court with geographic jurisdiction over the City of ~emecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonabl~ attorney fees and litigation costs incurred in the litigation. / ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. WRITTEN NOTICE. Any written notice required to be given in any par[ of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as ~et forth in the Contract Documents, and to the CITY addressed as follows: Works/City Engineer William G. Hughes, Director of Public City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590-3606 IN WITNESS WHEREOF, the par[les hereto have cause~ date first above written. CONTRACT CA~ this Contract to be executed on the DATED: CONTRACTOR: DBX, Inc. 42066 Avenid~ Alvarado, #C Temecula, CA 92590 (909) 296-990§ By: Jim Per~, President DATED: APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT CA-5 CITY OF TEM By: Jeff Cor -'CULA: lerchero, Mayor ITEM 1 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE'~.. CITY MANAGER TO: FROM: DATE: SUBJECT: ClTY OFTEMECUL~ AGENDA REPORT City Manager/City Council /~William G. Hughes, Director of Public October 23, 2001 ~/orks/City Engineer Acceptance of Traffic Signal Improvements with MS Temecula II, LLC PREPARED BY: Beryl Yasinosky, Management Analysl RECOMMENDATION: That the City Council: 1. Accept the Traffic Signal Improvements at Winche~ installed by MS Temecula II, LLC. - Reimbursement Agreement ;ter and Diaz Roads as complete, as 2. Authorize the Finance Director to reimburse $13q,721.97 to MS Temecula II, LLC in accordance with the terms and conditions of the Reimbursement Agreement for installation of said signal improvements. ] BACKGROUND: On November 15, 2000 the City Co~uncil approved Planning Application 2000-0335 for the design, construction and operation (~f a 410,000 square foot industrial building located at the southwest corner of the extension~ of Dendy Parkway and Winchester Road, in the Westside Business Center. Developed represents the home of the Scott's Manufacturing Facility. Pursuant to the conditions of approval for this project, the certain off-site improvements, including the installation of ~ Roads. On June 12, 2001 the City Council approved a Temecula II, LLC, detailing the responsibilities of each pa~ ~y MS Temecula II, LLC, the site developer was required to complete traffic signal at Diaz and Winchester Reimbursement Agreement with MS ty with regards to the estimated cost of $173, 961 for design and installation of the signal improvements. The City and the developer concluded that the developer s fair share contribution to tHe s~gnal improvements was equal to the Traffic Signal Component of the Pubhc Facd~hes Development Impact Fees for the Scott s project, or $43,252.86. In return, MS Temecula II, L~LC would be eligible to receive a reimbursement from the City for the remaining costs assoc upon completion and acceptance of the improvements by t MS Temecula II, LLC has completed the installation of obligations pursuant to the terms and conditions of Agreement. Staff has reviewed and verified the const] payroll documents associated with final signal installation. ated with the installation of the traffic ~e City Council. the traffic signal and satisfied their he aforementioned Reimbursement uction costs, receipts, and certified :osts totaling $173,974.83, or $13.83 more than the origina est mate The deve oper has received $43,252.86 in DIF credits against the cost of mstalhng the s~gnal. In accordance with the Reimbursement Agreement, staff '-'-~ .~, ,:-~ :~ 1 . t i:igdli~2001\1023\ic°ttsreimbu~i~mt'trficsgnl ~ T I II, LLC for the FISCAL IMPACT: The aforementioned signal installation at Diaz and Winchester Roads is identified within .the City's Capital Improvement program for Fiscal Year 2002-2006. Adequate funds are available in the current CIP budget Account No. 210-165-728-5804. ATTACHMENTS: Reimbursement Agreement R:~agdrpt~2001\1023\Scottsreimbursemt.trficsgnl REIMBURSEMENT AGREEMENT FOR WINCHESTER ROAD/DIAZ ROAD TRAFFIC SIGNAL IMPROVEMENTS BETWEEN THE CITY OF TEMECULA AND MS TEMECULA II, LLC THIS REIMBURSEMENT AGREEMEN~ is entered into and effective as of June 12, 2001 by and between the City ofTemecula, a municipal~ corporation ("City"), and MS Temecula II, LLC, a Delaware limited liability company ("E eveloper"). In consideration of the mutual promises and benefits described herein, the parties h{ 1. Recitals. This Agreement is mad and purposes, which each of the parties hereto agree are true 1. I Developer is the owner ofapp~ located east of Winchester Road between Dendy Parl Temecula California, which is legally described on E Developer's Property. reto agree as follows: e with respect to the following facts and correct: oximately 31 acres of real property :way and Remington Avenue, ~hibit A, Legal Description of 1.2 On November 15, 2000, the P1 ming Commission of the City of Temecula adopted Resolution No. 2000-034 approving Plarming Application No. 2000- 035 (the "Project"). / 1.3 Condition 45 of the Resolution~n] provides that prior to issuance of the certificate of occupancy, the Developer is require~ to construct traffic signal improvements at the intersection of Diaz Road and ~W.~inchester road which are described in Exhibit B, Traffic Signal Improvements/Constructiion Cost Estimate (hereafter "Improvements"). The Improvements are necessary for the development of Project. 1.4 City and Developer have studi and the contribution of the Project to the need for the have negotiated Developer's fair share contribution tc Improvements. As a result of these negotiations, Developer's fair share of the cost of constructing the thousand, two hundred fifty-two dollars and 86/100,( amount is the Traffic Signal Component of the City Project. Developer and City each acknowledge and ;d the nature of the Improvements Improvements. City and Developer the construction of the , and Developer have concluded that mprovements shall be forty-three g43,252.86). Developer's fair share Development Impact Fee for the ree that the Project contains four hundred eleven thousand, nine hundred thirty-two square feet of building area. The parties fi~rther agree that the Traffic Signal Compone,ht of the DIF for the Project is the building area multiplied by $.105, the Traffic Signal Component rate, for a total of $43,252.86. Developer will receive a credit against the DIF for the Project in the amount of $43,252.86. 1.5 Developer and City estimate t at the cost of the Improvements should be one hundred seventy-three.thousand, nine ] 636611.3 May31,2001 -1- mndred sixty-one dollars ($173,961.00), but the parties recognize that economi,; conditions at the time of bidding and construction conditions could alter the accuracy oifthe estimate. 1.6 Developer is ready to begin construction of the Project. It is uneconomical and impractical for the City to bid the I~nprovement work separately from the development and other improvement work being undertaken by Developer in the area due to conflict between contractors and disruptions to traffic flow due to uncoordinated construction activities. ~ 1.7 The parties now desire to set fo~h the terms of the City's reimbursement of the costs of a portion of the Improvements. 2. Construction of Improvements. Developer shall construct and install the Improvements in accordance with plans and specification~ approved by the Director'of Public Works (the "Director") and subject to the terms ofthi~ Agreement. / 3. Allocation of Costs of lmprovement~. City shall pay to Developer a sum equal to the actual costs of constructing and installing t~e Improvements, less the ' Developer's share of forty three thousand two hundred fifty .it~vo dollars and 86/100 ($43,252.86) as described in Section 1.4. The parties have each independently determined that this figure reasonably apportions the responsibility of City and Developler for the costs of the Improvements given the Developer's obligation to construct certain improvements pursuant to Condition 45 of' Planning Application No. 2000-0335. 4. Payment of Reimbursable Costs. Upon acceptance of the Improvements by the City Council, Developer shall submit tb the Director of Public Works the actual cost of instaliing the Improvements and all invoices a~d other documentation as reasonably required by the Director which supports the costs actually incurred. The Director shall calculate the costs for which the Owner shall be reimbursed based upon the allocation described in Section 3, above (the "Reimbursement Costs")! City shall pay to Developer the Reimbursable Costs within twenty working days of acceptance of the Improvements. 5 City Obhgations. In order to imp!ement the construction of the Improvements pursuant to this Agreement, City shall: 5.1 Review and approve design of the Improvements. 5.2 Obtain possession of all nece~ construction of the Improvements. 5.3 Obtain all necessary permits applicable public agencies. 5.4 City shall be responsible for t inspections of the construction of the Improvements 636611.3 May 31,2001 -2- sary rights of way necessary for the r the Improvements from the ~e payment of permit fees and City 5.5 Designate a representative of th representatives of Developer and Developer's contract activities and monitor progress of construction. 6. Developer Obligations. In orde] Improvements, Developer shall: City to regularly meet with the >r to coordinate construction . coordinate the construction of the 6.1 Construct and install the Impro ,ements in accordance with the plans and specifications approved by the Director of1 ~blic Works; 6.2 Obtain the bids of not less thanI hree quahfied b~dders, as. approved by the Director of Public Works in advance of bidding, and award the construction contract to the lowest bidder. 6.3 Require the contractor to pay [ revailing wages for the work in accordance with Labor Code Section 1770 et seq. an, applicable regulations of the State Labor Commissioner. 6.4 Supervise and manage the co~ .truction of the Improvements. 6.5 Designate a representative of the Developer to regularly meet with the representatives of the City and Developer's contractor to coordinate construction activities and monitor progress of construction. ,ntractors shall procure and maintain bit C, Insurance Requirements. s, records, reports and 6.6 Developer and Developer's c~ insurance in the amounts and tYPes set forth on Exhi 6.7 Prepare and maintain all bool, r persons relating to the construction ment the costs incurred in day's notice to Developer. Developer from the date of acceptance of the correspondence to or from contractors, subcontractc rs and other persons relating to the construction and installation of the Improvements ri asonably necessary to document the costs incurred in constructing the Improvements. D~veloper shall permit representatives of the City to review and copy all books, records, re }orts and correspondence to or from, or prepared by, contractors, subcontractors and oth~ and installation of the Improvements or which docu constructing the Improvements on two (2) business shall keep such records for a period of four (4) yem Improvements. 7. Notices. Any payments or not :es which either party may desire to give to the other party under this Agreement must be in w~ting 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 a~d 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 addr :ss as that party may later designate by Notice: 636611.3 May 31,2001 To City: To Developer: City Of Temecul~ 43200 Business l~ark Drive Temecula, CA 9~590 Attention: Director of Public Works MS Temecula II, LLC Attention: David Simon 1999 Avenue of~he Stars, Suite 2000 Los Angeles, Ct Phone (310) 78~ With Copies to: Kearney Real E~ 90067 -2200 .tate Company Attention John Bragg 4275 Executive Square, Suite 800 La Jolla, CA 92~037 Phone (858) 546-2930 I ' nderstand and a--ee 8. Applicable Law. The City and D~ve~oper u 19 that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation ~fthis Agreement. _ .I 9 Litigation. Any litigation concerning this Agreement shall take place · . . . I ...... f in the municipal, superior, or federal d~stnct court with geographic junsdmt~on over the C~ty o Temecula. In the event litigation is file by one or more ofth~ parties to this Agreement, the prevailing party in such litigation shall be entitled to an awar~t of reasonable attorney fees and litigation expenses as determined by the Court. 10. Entire Agreement. This Agreement between the parties relating to the obligations of the parties ~ reimbursement of the costs of the Improvements. All prior ( understandings, representations and statements, oral or writt the costs of the Improvements are merged into this Agreem¢ effect except for the Subdivision Improvement Agreement f the City and Developer. 11. Independent Investigation. Each p; based solely upon the representations set forth herein and ut investigation of any and all facts such party deems material. 12. Indemnification. Each party sha harmless the other part-y, its officers, officials, employees and all claims, demands, losses, defense costs or expenses,, 636611.3 May 31,2001 -4- :ontains the entire understanding elating to apportionment and r contemporaneous agreements, m, relating to the reimbursement for at and shall be of no further force or ~r Parcel Map No. 29895 between rty is entering into this Agreement on each party's own independent I indemnify, protect and hold d volunteers from and against any ~r liability of any kind or nature, including but not limited to reasonable attorney fees and litig~ party, its officers, agents and employees may sustain or incur tion costs, which the indemnified )r which may be imposed upon them for injury to or death of persons, or damage to property ahsing out of other party's negligent or wrongful acts or omissions in performing or failiqg to perform under the terms of this Agreement, excepting only liability to the extent arising OlUt of the indemnified party's own negligence or wrongful conduct. 13 Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Developer and City each warrants an~ represents that he or she has the authority to execute this Agreement on behalf of the Developsr or City, as applicable, and has the authority to bind Developer or City as applicable, to the performance of its obligations hereunder. 14. Counterparts. This Agreement [nay be executed in any number of counterparts, each of which when so executed and delivered s~all be deemed to be an original and all of which counterparts taken together shall constitute b~t one and the same instrument. / 15. Modification. No modification, waiver or discharge of this Agreement shall be valid unless the same is in writing and signed by the ~)arty against which the enforcement of such modification, waiver or discharge is or rhay be sought. ak 11 t 16. Further Assurances. Eachparty shall t e a ac ions reasonably necessary to implement the terms of this Agreement. 17. Exhibits. The following exhibits each is incorporated into this Agreement as though set forth i Exhibit A. Exhibit B. Exhibit C ~re attached to this Agreement and a full: Legal Description of D, Iveloper's Property Traffic Signal Improve~nents/Construction Cost Estimate Insurance Requirementl 636611.3 May31,200[ -5- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. May 31,2001 CITY OF TEMI ;CULA ~/~/~~ affyoCro m rchero Su~/xn Jones, CIVIC Peter M. City Atto 'horson :ney -6- By: Name: Title: DEVELOPER ..MS TEMECU~ ~A~, LL~laware limited EXHIBIT A LEGAL DESCRIPTION OF DEVELOPER 636611.3 May 22, 2001 -7- 'S PROPERTY EXHIBIT B TRAFFIC SIGNAL IMPROVEMENTS/CONSTRUCTION COST ESTIMATE 636611.3 May 22, 2001 -8- EXHIBIT B Traffic Signal Improvements / Constructio Winchester and Diaz Hard Costs 0614-00100 0614-00110 0614-00650 0614-01310 0614-02550 0614-02810 0614-02510 0614-02810 0614-50000 General Conditions Insurance Temporary Barricades Construction Staking Striping & Signs Traffic Signal Interline Conduit Handicap Ramps & Barricades Contractor's 0 H & P 5.0' Soft Costs Design / Engineering Oversight / Management Fees TOTAL COSTS Cost Estimate $ 5,000 $ 1,213 $ 1,000 $ 1,000 $ 16,383 $114,364 $ 3,360 $ 10~500 $ 152,820 $ 7~641 $ 160,461 $ 160,461 $ 8,700 $ 4~800 $ 13,500 $' 13,500 $ 173,961 EXItlBIT C INSURANCE REQUIREMENT~ Developer shall procure and maintain for the duration oft] claims for injuries to persons or damages to property which may the performance of the work hereunder by the Developer, its age~ employees. 1 ~inimurn Scope of Insurance.. Coverage shall be at least 1.1 Insurance Services Office Commercial General Li 85 or 88. 2 1.2 Insurance Services Office Business Auto Coverag covering Automobile Liability, code I (any auto). automobiles, a non-owned auto endorsement to tl' described above is acceptable. 3 1.3 2.2 Worker's Compensation insurance as required by : contract insurance against rise from or in connection with ts, representatives, or ~s broad as: ability form No. CG 00 01 11 e form CA 00 01 06 92 If the Developer owns no : General Liability policy the State of California and Employer's Liability Insurance. If the Developc~ tas no employees while performing under this Agreement, worker's com~ensatio, n.insurance i,s not required, but Developer shall execute a declaration that it l~as no employees. · I l'mits on the -olicies described Minimum Limits of Insurance.. Developer shall maintain ~ v in Subsection a. of no less than: 2.1 General Liability: Two million dollars ($2,000,0p0) per occurrence for bodily in'u , ~ersonal injury and property damage. If Commercial General Liability lnn~urr~nPce or other form with a general aggregat~ limit is used, e!.ther the g,eneral aggregate limit shall apply separately to this projecfflocation or me general aggregate limit shall be twice the reqmred occurrence hm~. Automobile Liability: $1,000,000 per accident for bodily injury and property 2.3 636611.3 May 22, 2001 damage. Workers' Compensation as required by the Stat million dollars ($1,000,000) per accident for b~ Employer's Liability: One dily injury or disease. Deductibles and Self-Insured Retentions. Any deduct hies or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Developer shall 4 procure a bond guaranteeing payment of losses and relat, :d investigations, claim administration and defense expenses, fie Other Insurance Provisions. The general liability and automob' liability policies are to ~ontain, or be endorsed to contain, the following provisi~ons: 4.1 The City, its officers, officials~ employees and vllunteers are to be covered as additional insureds as teapots: liability arising ~ut of activities performed by or on behalf of the Developer, products and completed operations of the Developer; premises owned, occupied or used by the DevelOper; or automobiles owned, leased, hired or borrowed by the Developer. The coverage shall contain no special limitations on the scope of protection af brded to the City, its officers, 4.2 4.3 officials, employees or volunteers. For any claims related to this project, the Deve] primary insurance as respects the City, its offic oper's insurance coverage shall be officials, employees and volunteers. Any insurance or self-insured mai tained by the City, its officers, officials, employees or volunteers shall be excess of the Developer's insurance and shall not contribute with it. Any failure to comply with reporting or other breaches of warranties shall not affect covera officials, employees or volunteers. ' 4.4 The Developer's insurance shall apply separ-~ claim is made or suit is brought, except with r liability. 4.5 Each insurance policy required by this clause 4.6 4.7 636611.3 Ma)' 22, 2001 )rovisions of the policies including provided to the City, its officers, ;ly to each insured against whom :spect to the limits of the insurer's shall be endorsed to state that coverage shall not be suspended, voided, can ;elled by either party, reduced in coverage or in limits except after thirty (30) clays' prior written notice to the City by certified mail, return receipt requested, ha ~ been given to the City. Insurance shall be placed with insurers with current A.M. Best's rating of no less than A:VI1, unless otherwise acceptable to de City. Self insurance shall not be considered to comply with these insurance :quirements. forms provided by thc City. All endorsem the City before work commences. As an alternative to the City's forms, the Developer's insurer may provide complete, !ertified c.opies of all required; ~ ifi'surafice p61i~i~s; 'iiicl~ding' endorsement-' effecting'tne coverage-.reqmrea oy these specifications. Developer shall furnish the City with origi~ required by this clause. The endorsements by that insurer to bind coverage on its behal endorsements effecting coverage re to be signed by a person authorized The endorsements are to be on ts are to be received and approved by -10- ITEM 18 TO: FROM: DATE: SUBJECT: APPROVAL CiTY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council James B. O'Grady, Assistant City Manager ~ October 23, 2001 ~' / Agreement with the County of Riverslide Regarding Northeast Corner of Overland Trail and R~dhawk Parkway Property at the RECOMMENDATION: Thaf the City Council authorize execute the agreement with the County of Riverside regar~ of Overland Trail and Redhawk Parkway. the Mayor and/or City Manager to ling property at the northeast corner BACKGROUND: Mayor Comemhero, Mayor Pro-tern Supervisor Buster to expedite County approval for the Cit interim fire station at the northeast corner of Overland Trail Buster and his staff agreed to this in concept, and C. necessary documents for approval. This will be formally Supervisors on October 23, 2001. We have not yet received a copy of these documents and receipt. FISCAL IMPACT: None at this time. Roberts and staff recently met with ~ to proceed with construction of an and Redhawk Parkway. Supervisor )unty Counsel is now drafting the )nsidered by the Riverside Board of /ill forward them to the Council upon TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUGUST 28, 200t A regular meeting of the City of Temecu a Commun ty Serv ces District was called to order at 8:17 P.M., at the City Council Chambers, 43200 Business Park I~rive, Temecula, California. President Stone presiding. / ROLL CALL PRESENT: 5 DIRECTORS: Comerchero, Naggar, Pratt, Roberts, Stone ABSENT: 0 DIRECTORS: Also present were General Manager Nelson, City Attorney PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 24, 2001; 1.2 Approve the minutes of August 14, 2001. 2 Naming of the New Temecula Theater RECOMMENDATION: 2.1 Accept the recommendation of the Con officially name the new theater in Old Town Theater." 2.2 Accept the recommendation of the Con officially name the courtyard at the new con Burns Courtyard. (Consent Calendar Item No, 2 considered under 3 Completion and Acceptance of Rancho California: Project No. PW00-23CSD RECOMMENDATION: 3.1 Accept the Rancho California Sports Park C Project No. PW00-23CSD as complete; None I'horson, and City Clerk Jones. ~munity Services Commission and ~munity theater The Jeanne and Bob separate discussion; see page 2.) ~orts Park Culvert Modification - Jlvert Modification Project - Minutes.csd\082801 1 ~munity Services Commission and The Old Town Temecula Community 3.2 Authorize the Clerk to file the Notice of Com 3.3 Accept the Maintenance Bond in the amoun' MOTION: Director Naggar moved to approve Consent Cai pulled for separate discussion). The motion was seconded reflected unanimous approval. CONSENT CALENDAR ITEM CONSIDERED UNDER SEI )letion; of 10% of the contract. ,~ndar Item Nos. 1 and 3 (Item No. 2 was by Director Comerchero and voice vote ~ARATE DISCUSSION ! 2 Naming of the New Temecula Theater ] RECOMMENDATION: 2.1 Accept the recommendation of the Co munity Services Commission and officially name the new theater in Old Town TThe Old Town Temecula Community Theater. Community S .... Deputy City Clerk Ballreich that written communication, lwith regard to this item, had been received from Ms. Joan Sparkman, advising that copies have been distributed to the City Council. Ms. Mary A. Davis, 42896 Santa Suzanne, expressed Town Theater and shared with the Councilmembers and the theater, noting that the Temecula Valley Theater was o Mr. Chuck Washington, 31205 Kahwea Road, relayed his Board members of the Theater Foundation of the naming the Foundation's padicipation in the process; referenced Theater; and thanked the City Council and staff for its conti Commending staff on a job well done, Mr. Wayne Hall, overall facility. Community Services Commission Chairman Meyler reiter~ proposed names for the Theater and the courtyard. ,~r interest in the naming of the Old Jdience history as to the formation of 'iginally started in 1977. support as well as the support of the of this future facility; commented on upcoming fundraisin9 events for the lued, collaborative support. !131 Agena, spoke in support of the ted the Commission's support of the For Director Naggar, it was noted that it was solely the Community Theater Design Committee that participated in the selection process of the name~s For Director Naggar who had envisioned a more grand name such as the Temecula Theater for the Performing Arts, it was noted that the title of a Performing Arts Theater would live a connotation of a much larger facility than what is being proposed (300 seats). Director Pratt commented on the implementation of a polk ! of limiting the naming of buildings, courtyards, etc. after individuals not until the individual has )assed away. Minutes,csd\082801 In light of the joint efforts of Mr. and Mrs. Burns, Presiden spoke in support of the recommendation. MOTION.: Director Roberts moved to approve the staff seconded by Director Comerchero and voice vote refle, Director Pratt who abstained. DISTRICT BUSINESS 4 Parade Guidelines RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 0l- A RESOLUTION OF THE CITY COUNCI OF THE CITY OF TEMECULA APPROVING GUIDELINES FOR THE CITY'S INDEPENDENCE DAY PARADE ANDI ELECTRIC LIGHT PARADE ] Recreation Superintendent Pelletier-Crowe and Recreatior~ Coordinator Gilliland reviewed the staff report (of record), highlighting the proposed guidelines as it relates to entry dimensions, signage, safety, and theme requirements. It was noted tha~ the three main differences between the two sets of guidelines are as follows: 1) Entries - Inde~)endence Day Parade maximum 70 entries and Electric Light Parade maximum 95 entries 2) Electric Light Parade - Grand Marshal will be Santa Claus and, therefore, no other Santa Claus Io~k alikes will be permitted 3) Electric Light Parade - no heating or open flames shall be permitted. For Director Roberts Recreation Coordinator Gdhland ' ] ' , ' ' aovi~ed that Guioeline No. 3 (participants shall not distribute flyers, business cards, or other materials to spectators along the parade route during the parade) does not prohibit the distribution 0f American flags and that Guidel ne No. 12 (shoot ng of firearms, discharge of fireworks, and sounding~ of loud horns is prohibited) does not prohibit the Fire/Police Departments to utilize its si~'ens. : Stone, echoed by Director Roberts, recommendation. The motion was :ted approval with the exception of In response to Director Naggar, City Attorney Thorson note not prohibit anybody from participating in the parade but th of the entrant and that no message/advertising may be dis[ regard to the distribution of American flags, Mr. Thorsor symbol and viewed it as part of the Independence Day para that the proposed guidelines would at it would limit signage to the name layed with the entrant's name. With noted that the flag is a traditional -le. City Attorney Thorson informed the City Council and ti' .~ audience members that he had received a letter from the United States Justice Foundatio~ dated August 28, 2001, (copies of which have been distributed to the City Council), relayingl the Foundation's opposition to the proposed parade guidelines. Mr. Thorson noted that non-~dherence to the parade guidelines would not result in criminal action because the guidelines are not part of the Municipal Code and could not be citable as an infraction or misdemeanor but th~at the City would have the authority to request an entrant to leave the parade if the guidelines w, ;re not adhered to. Minutes.csd\082801 3 For President Stone, Recreation Coordinator Gilliland ad guidelines would be overseen by the committee. Director Naggar commended those staff members ass( parades on a job well done. sed that the enforcement of these ciated with the organization of the Mr. Jim Meyler, 31813 Via Campanario, representing th Community Services Commission, relayed the Commission's desire to eliminate politics f~om the parades; advised, that the proposed guidelines are similar to those of other cities; and reiterated the Commission s support of the adoption of these guidelines. If it were the City's intent to restrict politics from the para Drive, noted that all politicians or political groups that do should be restricted from participation. Director Naggar relayed his opposition to supporting a Council candidate from displaying his/her candidacy al otherwise, he could support the guidelines. Echoed by President Stone, Director Comerchero relayed to display his/her professional/occupational title along with City Attorney Thorson suggested that guideline no. 2 be professional title of the entrant such as Captain, Doctor, et( :les, Mr. Carl Ross, 43886 Butternut 3t reside within the City of Temecula ~y guidelines that would prohibit a )ng with his/her name, noting that )bjection to an entrant not being able lis/her name. amended to include occupational or MOTION: Director Comerchero moved to approve the g delines as proposed and requested that an entrant's professional/occupational title be permitte~J. This motion died for the lack of a second, Additional Council discussion ensued with regard to g,;ographic qualifications after which Director Naggar suggested that the matter be taken off calendar to which Director Roberts relayed his support and the following motion was offered: MOTION: Director Naggar moved to take no formal actior with regard to the proposed parade guidelines and that staff be directed to limit the number 0f entries of the Independence Day Parade to 79 and the Electric Light Parade to 95 and fha! political candidates be permitted to ride in the parades. The motion was seconded by Director Naggar and voice vote reflected unanimous approval. DIRECTOR OF COMMUNITY SERVICES REPORT No additional comments. GENERAL MANAGER'S REPORT No additional comments. BOARD OF DIRECTORS' REPORTS No additional comments. Minutes.csd~082801 4 ADJOURNMENT At 9:09 P.M., the Temecula Community Services District Tuesday, September 11, 2001, at 7:00 P.M., City Council: Drive, Temecula, California. ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\082801 5 ~eeting was formally adjourned to Chambers, 43200 Business Park Jeffrey E. Stone, President MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT SEPTEMBER 1t, 200'1 A regular meeting of the City of Temecula Community Services District was called to order at 7:23 P.M., at the City Council Chambers, 43200 Business Park :)rive, Temecula, California. President Stone presiding. ROLL CALL PRESENT: 5 DIRECTORS: ABSENT: 0 DIRECTORS: Also present were General Manager Nelson, City Attorney PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Financial Statements for the fiscal ,/ear endinq June 30, 2001 RECOMMENDATION: 1.1 Receive and file the Financial Statements fo' the fiscal year ended June 30, 2001. MOTION: Director Naggar moved to approve Consent C;~lendar Item No. 1. The motion was seconded by Director Comerchero and voice vote reflected unanimous approval. DISTRICT BUSINESS 2 SM.A.R.T. Pro,qram Presentation RECOMMENDATION: 2.1 Receive and file the report and video presen!ation regarding the Summer Months Activities and Recreation in Temecula (S.MA.R.T.) program. / MOTION: Director Roberts moved to continue this matter e the September 25, 2001, Community Services District meeting. The motion was seconded by Di~ ector Roberts and voice vote reflected unanimous approval. DIRECTOR OF COMMUNITY SERVICES REPORT No additional comments. Minutes.csd\091101 Comerchero, Naggar, Pratt, Roberts, Stone None I'horson, and City Clerk Jones. GENERAL MANAGER'S REPORT No additional comments. BOARD OF DIRECTORS' REPORTS No additional comments. ADJOURNMENT At 7:23 P.M., the Temecula Community Services District Tuesday, September 25, 2001, at 7:00 P.M., City Counci Drive, Temecula, California. ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\091101 ~eeting was formally adjourned to Chambers, 43200 Business Park Jeffrey E. Stone, President TCSD DEPARTMENTAL REPORT / APPROVAL CIITY ATTORNEY DIRECTOR OF FINAN,.I~E CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Comn ~unity Services~ DATE: October 23, 2001 SUBJECT: Departmental Report PREPARED BY: Gall L. Zigler, Administrative Secretary OnDecemberl 1999 tff I d R tf ~ If I. , , s a re ease a eques or ~ua i ic~tions (RFQ) for a uitywide Multi-Trail System. Interviews were held on February 14, 2000 and the oommittee selected KTU& Associates as the top ranked firm. The Board of Directors awarded a contract to KTU&A on March 28, 2000. Staff has reviewed the first draft document and a draft copy h~s been mailed out to the committee in for their comments. Staff anticipates bringing the final draft forward to the Community Services Commission and the Board of Directors in January 2002. Staff released a Request for Qualifications (RFQ) for thgdesign of an aquatic facility to be constructed at Chaparral High School. The Board of DireCtors approved a Scope of Services Agreement on December 7, 1999, with the number one rapked firm, RJM Design Group. The architect and project design committee has completed the ~chematic design of the project. The Board of Directors approved the Master Plan on June 27, 2000, and awarded a contract to RJM Design Group on July 11,2000, for the Phase II of the Design Contract. The City Council awarded a contract to California Commercial Pools on July 10, 2001 a~,nd construction began on August 13, 2001. Both pools are formed and the foundation for the bu~ilding will be poured this week. The project is on schedule and staff anticipates construction will be completed by early spring. Staff released a Request for Qualifications (RFQ) for theI design of a sports complex to be constructed ~n the C~ty. Statements of Quahf~cabons were ~'ece~ved on February 16, 2000, and interviews were held of the four top ranked firms on Marcl~ 28, 2000. A design contract was awarded to RJM Design Group at the May 23, 2000, Board of Directors meeting. The first sub- committee was held on November 7, 2000. With the adoptioq of the Wolf Creek Specific Plan at the January 23, 2001 City Council meeting, it has been determined the 40 acre sports park will be located ~n the Wolf Creek development. A community worksl~op was held on April 7, 2001, and the architect is drafting a plan based on the information compiled from the workshop and the sports league quesbonna~res. A committee meeting was held on July 10, 2001 to revew the fna conceptual plan. The Master Plan w~ll go forward to the Community Services Commission and the City Council in the near future. R:~ZIGLERG~XDEPTRPTH 001 .doc October 18, 2001 The Master Plan for the Temecula Public Library was ado Council Meeting. Staff has negotiated a contract with LPAfo specifications for the Temecula Public Library. LPA subr~ second plan check and staff has received proposals to a RF, the California State Library's Bond Act 2000. Staff released an RFQ for the children's museum interior spa construction and installation. Interviews were held of the fou ~ted at the September 26, 2000 City · the final construction documents and itted the construction documents for ;2 for grant writing services to apply for ~e planning, exhibit design, fabrication, top ranked firms on October 17, 2000. Staff began negotiations with the top ranked firm, Spad Exhibits and Environments. The Agreement and Scope of Services was approved by the City Council on December 12, 2000. The committee has been meet~ng,,and has proposed naming th~ facd~ty Imagination Workshop, The Temecula Children's Museum. A staff report went forward t0the Community Services Commission on May 14, 2001, and they unanimously approved a recommendation to the City Council to name the facility. The Design Committee has been working on altheme an interior design concept. A committee meeting was held on October 11, 2001. Staff ar~ticipates bringing forward the design concept to the Community Services Commission and the Cily Council in the next 30 days. ! The Development Services Division continues to participate in the development review for projects within the City including Wolf Creek, Roripaugh and Harveston, as well as overseeing the development of parks and recreation facilities, and the co television services and assessment administration. The Maintenance Division continues to oversee the mainten as well as all other City owned public buildings and facilities. assists in all aspects of Citywide special events. The Recreation Division is currently programming for upcon our annual Halloween Spooktacular to be held at the Temec~ ~tract for refuse and recycling, cable ~nce of parks and recreation facilities, In addition, the Maintenance Division ~ing holiday festivities, which includes ~la Skate Park's roller hockey arena on October 26, 2001, Holiday Lights and Festive Sights home ~nd business lighting contest, Winter Wonderland and Snow Frotic and the Electric Light Parade. In addition, staff is putting together the next issue of the Community Services Department's Winter, R:~ZIGLERGLXDEPTRPT~ 1001 .doe Spring 2002 Recreation Brochure. Octoberlg, 2001 REDEVELOPMENT AG NC~ ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPI~ lENT AGENCY OCTOBER 9, 2001 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:46 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLLCALL PRESENT: 5 AGENCY MEMBERS: ABSENT: 0 AGENCY MEMBER: Aisc present were Executive Director Nelson, City Attorne, PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of September 25, 20¢ MOTION: Agency Member Stone moved to approve Con was seconded by Agency Member Comerchero and voice Vote EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. R:\Minutes.rda\100901 1 Comerchero, Naggar, Pratt, Stone Roberts None Thorson, and City Clerk Jones. ;nt Calendar Item No. 1. The motion reflected unanimous approval. ADJOURNMENT At 7:46 P.M., the Temecula Redevelopment Agency meetir Tuesday, October 23, 2001, in the City Council Chambers Temecula, California. A"FI'EST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:\Minutes.rda\100901 g was formatly adjourned to 43200 Business Park Drive, Ron Robeds, Chairman 2 RDA DEPARTMENTAL REPORT tO: FROM: DATE: SUBJECT: TEMECULAREDEVELOPMEN AGENDA REPORT Executive DirectodRedevelopment Agency I John Meyer, Redevelopment Director October 23, 2001 Monthly Departmental Report APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER rAGENCY ,,1embers Attached for your information is the monthly report as of Oct;ober 23, Department. First Time Nomebuyers Program Funding in the amount of $200.000 is available for FY 01-02. 2001 for the Redevelopment Residential Improvement Pro.qrams The program budget for FY 01/02 is $250,000 and $75,550 Affordable Housinq Two projects have been submitted for preliminary review. development partner, the other from a property owner who i affordable housing. Staff is analyzing these proposals. Senior Housin,q has been funded. ~ne project is from the Agency's also interested in developing Agency staff is negotiating with a development partner to re,hab 96 units for affordable senior housing. A senior housing demand study is being conducted. 1 Old Town Community Theater ] The Redevelopment Agency Board approved the Community ~heater's Master Plan at its meeting of April 24, 2001. The Architect has begun the next Phase of the design, which includes design development and construction drawings. R:\SYERSK~lONTHLLY~eport.october01 .doc Facade Improvement/Non-Conforming Sign Program The following facade improvement/sign projects have recently been completed: · The Stampede Paint Exterior · Old Town Plaza Shopping Center Refinish Exterior and Signs for all units · Chaparral Building Stain Exterior The following is the most recent inventory of the current sign projects: · In compliance with the Old Town Sign Programs 22 · Work in Progress 14 · Code Enforcement Follow-up 11 · New Business .~2 49 Old Town PromotionslMarketin.q Howl-o-ween in Old Town will be held on October 27 & 28 ~aturing pumpkin carving contests, a craft fair and live entertainment. The Agency is also sponson ~g several other events over the next few months. The events include, a November Street Fai,r featuring crafts, exhibits and live entertainment and Christmas in Old Town featuring strolling ~:arolers, live entertainment, pictures with Santa and a craft fair. R:~SYERSKWIONTHLLY~report.october01 ,doc INDUSTRIAL DEVELOPM~ ENT AUTHOR TY ITEM 1 MINUTES OFAMEETING F THE TEMECULA INDUSTRIAL DEVELOPMENT AUTHORITY JULY 24, 2001 / A meeting of the City of Temecula Industrial DevelopmentAluthority was called to order at 7:31 P.M., in the City Council Chambers, 43200 Business Park Drive, Te mecula, California, Chairman Comerchero presiding. ROLL CALL PRESENT: 5 AUTHORITY MEMBE ~S: Naggar, Pratt, Roberts, Stone, and Chairman Comerchero. ABSENT: 0 AUTHORITY MEMBE ~S: None. Also present were Assistant Executive Director O'Grady, Ci ' Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of January 13, 1998. Authority Members Naggar and Pratt advised th~ they would be abstaining from this item. 2 Amendment of Documents related to Industrial Development Revenue Bonds for Tension Envelope Corporation RECOMMENDATION: 2.1 Adopt the resolution entitled: RESOLUTION IDA N( . 01-01 A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECULAIAUTHORIzING THE EXECUTION AND DELIVERY OF AMENDMENTS TO DOCUMENTS RELATED TO INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR TENSION ENVELOPE CORPORATION MOTION: Authority Member Stone moved to approve Cons~ent Calendar Item Nos. I - 2. The motion was seconded Authority Member Robeds and voice vote reflected unanimous approval with the exception of Authority Members Naggar and Pratt who abstained~ with regard to Item No~' ~.. Minutes.ida\072401 1 EXECUTIVE DIRECTOR'S REPORTS No additional comments. AUTHORITY MEMBERS' REPORTS No additional comments. ADJOURNMENT At 7:32 P.M., the Temecula Industrial Development Authoril ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.ida\072401 2 , meeting was formally adjourned. Jeff Comerchero, Chairman ITEM 2 TO: FROM: DATE: SUBJECT: CITY OF TEMECUL.Z AND INDUSTRIAL DEVELOPMENT AUTHORITY OF THE AGENDA REPORT City Council/Industrial Development Authorit~ City Manager/Executive Director October 23, 2001 Issuance of Industrial Development RevE Envelope Corporation RECOMMENDATION: 1. That the City Council hold a public hearing on the City Council adopt a resolution entitled: RESOLUTION NO. 01- APPR~ CITY ATTORNEY DIR.OF FINANCE CITY MANAGER CITY OF TEMECULA Governing Board ~ue Refunding Bonds for Tension proposed bond issue, and that the A RESOLUTION OF THE CITY COUNCI OF THE CITY OF TEMECULA APPROVING THE ISSUAN(JE OF REFUNDING REVENUE BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECUL/~ FOR THE TENSION ENVELOPE CORPORATION FACILITY That the Industrial Development Authority adopt the resolution entitled: RESOLUTION NO. IDA 01- A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE ISSUANCE OF REFUNDING REVENUE BONDS AND THE EXECUTION AND DELIVERY OF RELA~ TENSION ENVELOPE CORPORATION FA, BACKGROUND: On August 16, 1994, the Industrial DevE $5,625,000 principal amount of Industrial Development 'ED DOCUMENTS FOR :ILITY Iopment Authority (the "IDA") issued Authority of the City of Temecula Industrial Development Revenue Bonds (Tension EnVel( )e Corporation Project) (the "Prior Bonds"). The proceeds of the Bonds were used to ~ake a loan to Tension Envelope Corporation (the "Company") to acquire and furnish an envelope manufacturing facility located in Temecula. The Prior Bonds were payable solely from th~ payments made by the Company on the loan, and were not general obligations of the IDA. ( various amendments to the documents for the Prior Bonds i Prior Bonds. )n July 24, 2001, the IDA approved part to facilitate a refunding of the The Company has now requested that the IDA authoriz~ and issue refunding bonds (the "Bonds") the proceeds of which will be used to refund th~ outstanding principal of the Prior Bonds in full. General Electric Capital Corporation ("GE")lhas agreed to purchase all of the Bonds by means of a direct placement of the Bonds by the IDA with GE. The documents for the Bonds provide that the Bonds are payable solely from ihe repayment by the Company of the loan of the Bond proceeds, and that Company ~s obhgat~d to pay all costs of the IDA under the Bond program. The Bond documents clearly provide that neither the City nor the IDA are or will be, in any event, liable for payment of the Bonds from ~the~r own funds. Furthermore, the Company has agreed to indemnify the IDA and the City from any liability related to the issuance of the Bonds and the refunding of the Prior Bonds· The Company has requested that the final maturity of the I than the final maturity of the Prior Bonds (August 1, 2009), with such longer maturity. In order for the interest on the B income of GE for federal tax purposes (i.e. tax-exempt), apl: because of the extension of the maturity of the Bonds over City Council as the applicable elected representatives of th Bonds by the IDA after the City Council conducts a public h, Notice of the public hearing has been published prior to thi approval by the City Council of the Bonds will in no way obli Ionds (December 1, 2016) be later and GE is willing to buy the Bonds )nds to be excluded from the gross licable federal tax law requires that, :he maturity of the Prior Bonds, the IDA, approve the issuance of the ;aring on the proposed Bond issue. meeting as required by law. The late the City to make any payment with respect to the Bonds and the City will have no liabilty whatsoever with respect to the Bonds. I In addition to the conduct of the public hearing and the adop~tion of the City Council Reso ution, the IDA is requested to adopt a resolution authorizing the issuance of the Bonds and approving an Indenture of Trust and Loan Agreement related to the Bonds. Copies of the Indenture of Trust and Loan Agreement are on file with the IDA s Secretary (the City Clerk). Th I e ndenture of Trust contains the terms of the repayrpent of the Bonds and the Loan Agreement provides for the loan of the Bond proceeds byl!he IDA to the Company and the terms of the repayment of the loan. Both documents clearly provide that the Bonds are not genera~ obligations of the IDA, but are limited obligations pa~,able solely from the repayment by the Company of the Bond loan. The IDA resolution also apl~roves the firm of Fieldman, Rolapp & Associates as financial advisor to the IDA for the Bonds, and the firm of Quint & Thimmig LLP as Bond Counsel, with the fees of the firms payable solely b! SPECIFIC ACTIONS: As required under applicable federal public hearing on the proposed Bond issue and consider ad issuance of the Bonds by the IDA. The IDA will then co~ authorizing the issuance of the Bonds and the execution anc FISCAL IMPACT: The Company has agreed to pay ~ relative to the proposed Bond issue. The Bonds will not be City, but will be limited obligations of the IDA, payable Company to repay the Bond loan. The Bonds will have no IDA. Attachments: Resolutions (2) Indenture of Trust Loan Agreement the Company. tax law, the City Council will hold a 3tion of a resolution approving the isider the adoption of a resolution delivery of the Bond documents. I-out-of-pocket expenses incurred eneral obligations of the IDA or the solely from amounts paid by the financial impact on the City or the RESOLUTION NO. 01- / A RESOLUTION OF THE CITY COUNCIL OF ]LFHE CITY OF TEMECULA APPROVING THE ISSUANCE OF REFUNDING REVENUE BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECULA FOR THE TENSION ENVELOPE CORPORATION FAClLIITY WHEREAS, the Industrial Development Authorit~ of the City of Temecula (the "Authority") is authorized by Article 11 of Chapter 3 of P~rt 1 of Division 2 of Title 5 of the Government Code of the State of California, as amended (lhe "Act"), to issue and sell revenue bonds for the purpose of refunding any of its outstanding revenue bonds; and WHEREAS, on August 16, 1994, the Authority issued its Industrial Development Authority of the City of Temecula Industrial Development :~evenue Bonds (Tension Envelope Corporation Project) in the initial principal amount of $5,62 ~,000 (the "1994 Bonds") and made a loan of the proceeds of the 1994 Bonds to Tension Enve pe Corporation (the "Corporation") to finance the acquisition, renovation and equipping of ~ building located,, in the City of Temecula (the "City'') for use as an envelope_ manufacturing facility (the "Facility ); and WHEREAS, the Corporation has requested that the, Authorty ssue and sell refunding revenue bonds in the principal amount of $3,545,000 (the "Bonds") for the purpose of refunding all of the outstanding 1994 Bonds; and WHEREAS, the final maturity of the Bonds will be ir~ excess of the final maturity of the 1994 Bonds, and in order for the interest on the Bonds to be excluded from the gross income of the Bondowner, Section 147(f) of the Internal Revenue ICode of 1986, as amended (the "Code"), requires that the "applicable elected representalive" with respect to the Authority approve the issuance of the Bonds following the holding of a public hearing with respect thereto; and WHEREAS, the Authority has determined that ti' "applicable elected representative" to hold such hearing Authority of the Bonds; and WHEREAS, notice of said public hearing has been and this City Council has heretofore held the public hearing given an opportunity to be heard on all matters relative to Facility and the Authority's issuance of the Bonds therefore: WHEREAS, it is in the public interest and for the approve the issuance of the Bonds by the Authority for the a NOW, THEREFORE BE IT RESOLVED, by the City follows: Section 1. The City Council of the City of Temecu the Bonds by the Authority under the Act and the Code fo refund the 1994 Bonds and thereby refinance the Facility. e City Council of the City is the and approve the issuance by the July given as required by the Code, ~t which all interested persons were he operation and refinancing of the and ublics benefit that the City Council Ioresaid purpose. Council of the City of Temecula, as a hereby approves the issuance of · the purpose of providing funds to Section 2. This Resolution shall take effect immedi; PASSED, APPROVED AND ADOPTED, by the Cit~ a regular meeting held on the 23ra day of October, 2001. itely upon its adoption. Council of the City of Temecula, at Jeff Comerchero, Mayor ATTEST: Susan Jones, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Industrial Development Authority of the City of Temecula, HEREBY DO CERTIFY that the foregoing Res ~lution No. IDA 01- __ was duly adopted at a regular meeting of the Board of Directors of ~he Industrial Development Authority of the City of Temecula on the 23rd day of October, 2001, by the following roll call vote: AYES: BOARDMEMB~RS: NAYS: BOARDMEMB~RS: ABSENT: BOARDMEMB~RS: ABSTAINED: BOARDMEMB~RS: -2- ~usan Jones, Secretary RESOLUTION NO. IDA 01- A RESOLUTION OF THE INDUSTRIAL DEVELOP CITY OF TEMECULA AUTHORIZING THE IS REVENUE BONDS AND THE EXECUTION ANr DOCUMENTS FOR TENSION ENVELOPE CORP(: WHEREAS, the Industrial Development Authori "Authority") is authorized by Article 11 of Chapter 3 of Government Code of the State of California, as amended, bonds for the purpose of refunding any of its outstanding re WHEREAS, on August 16, 1994, the Authority Authority of the City of Temecula Industrial Development Corporation Project) in the initial principal amount of $5,62 ~IENT AUTHORITY OF THE ~UANCE OF REFUNDING DELIVERY OF RELATED RATION FACILITY y of the City of Temecula (the ~rt 1 of Division 2 of Title 5 of the the "Act"), to issue and sell revenue venue bonds; and issued its Industrial Development Revenue Bonds (Tension Envelope 5,000 (the "1994 Bonds") and made a loan of the proceeds of the 1994 Bonds to Tension Enve!ope Corporation (the "Corporation") to finance the acquisition, renovation and equipping ofI a building located in the City of Temecula (the "City") for use as an envelope manufacturing facility (the "Facility"); and WHEREAS, the Corporation has requested that th~ Authority issue and sell refunding revenue bonds (the "Bonds") for the purpose of refundingI all of the outstanding 1994 Bonds; and WHEREAS, the Corporation has agreed to pay all costs of the Authority related to the issuance of the Bonds and to indemnify the Authority and the City for actions taken by them in respect of the issuance of the Bonds and the refunding of the 1994 Bonds; and / WHEREAS, there have been presented to the A!thority at this meeting a proposed Indenture of Trust (the "Indenture") and Loan Agreement (the "Loan Agreement"), and the Authority now desires to approve such documents and to a~thonze their execubon and dehvery; and / WHEREAS, all conditions, things and acts requirec~ to exist, to have happened and to have been performed under the Act precedent to and in the issuance of the Bonds, the refunding of the outstanding 1994 Bonds and the refinancing of the Facility as contemplated by this Resolution and the documents referred to herein exist, have happened and have been performed in due time, form and manner as required by the laWs of the State of California, including the Act, and the Authority now desires to authori::e the issuance of the Bonds and to approve related actions as set forth below. NOW, THEREFORE, BE IT RESOLVED by the Ind Jstrial Development Authority of the City of Temecula, that: Section '1. The Authority hereby finds and decl~res that the above recitals are true and correct. Section 2. Pursuant to the Act and the Indenture, revenue bonds of the Authority designated as Industrial Development Authority of the C~ty ~)f Temecula Industrial Development Refunding Revenue Bonds (Tension Envelope Corporation Project) Series 2001A" in an aggregate principal amount not to exceed $3,545,000 (the be issued, subject to the approval of the issuance of the "Bonds"), are hereby authorized to ands by the City Council of the City executed by the manual or facsimile signature of the Chail~man and attested by the manual or facsimile signature of the Secretary, in the form set forth the Indenture. Section 3. The Indenture, between the Authori Inc., as Bondowner Representative (the "Bondowner Repr the Secretary, is hereby approved. The Executive Director and directed to execute and deliver the Indenture in said and otherwise in accordance with ! and GE Capital Public Finance, sentative"), in the form on file with ,f the Authority is hereby authorized form, together with such additions thereto or changes therein as are recommended or appro,'ed by the Executive Director of the Authority upon consultation with the City Attorney and Bond ounsel to the Authority, including such additions or changes as are necessary or advisable i the approval of such changes to be conclusively evidenced Indenture by the Authority. Section 4. The Loan Agreement, between the form on file with the Secretary, is hereby approved. The hereby authorized and directed to execute and deliver accordance with Section 6 hereof, by the execution and delivery of the uthority and the Corporation, in the ixecutive Director of the Authority is he Loan Agreement in said form, together with such additions thereto or changes therein as are recommended or approved by the Executive Director of the Authority upon consultatio~ with the City Attorney and Bond Counsel to the Authority, including such additions or changes as are necessary or advisable in accordance with Section 6 hereof, the approval of such changes to be conclusively evidenced by the execution and delivery of the Loan Agreement by the Authority. SectionS. The Bonds, when executed, shallI be delivered to the Bondowner Representative for authentication. The Bondowner Representative is hereby requested and directed to authenticate the Bonds by executing the Bond(~wner Representative's certificate of authentication and registration appearing thereon, and to deliver the Bonds, when duly executed and authenticated, to the purchaser of the Bonds in accordance with written instructions executed on behalf of the Authority by the E~ecutive Director, which instructions such officer is hereby authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver to the Bondowner Representative. Such instructions shall provide for the delivery of the Bonds to the purchaser therreof, upon payment of the purchase price therefore. Section 6. All actions heretofore taken by the officers and agents of the Authority with respect to the Indenture, the Loan Agreement, the B~nds and the refunding of the 1994 Bonds are hereby approved, confirmed and ratified, and the proper officers of the Authority are hereby authorized and d~rected, for and ~n the name and qn behalf of the Authority, to do a y and all things and take any and all actions and execute any and all certificates, agreements and other documents, which they, or any of them, may deemlnecessary or advisable in order to consummate the lawful issuance and delivery of the Bo~ds and the refunding of the 1994 Bonds in accordance with this Resolution, including bu~ not limited to those certificates, assignments, agreements and other documents described i~ the documents listed in Sections 3 and 4 above and any certificates, assignments, agree:ments or documents as may be necessary to further the purposes hereof, or evidence cre~lit support or additional security for the Bonds, but which shall not create any obligation or lia§ility of the Authority other than with respect to the revenues and assets derived from the procee]ds of the Bonds or the repayment of the loan made pursuant to the Loan Agreement. -2- Section 7. The law frm of Quint & Thimmig .LP is hereby designated as bond counsel to the Authority, and the firm of Fieldman, Rolapp & Associates is hereby designated as financial advisor to the Authority, in each case with respect to the Bonds and the refunding of the 1994 Bonds, The Executive Director is authorized arid directed to enter into agreements with said firms for their services in forms acceptable to the Executive Director and the City Attorney, provided that any and all compensation to such firms ~s to be paid by the Corporation, Section 8. This Resolution shall take effect imm~ PASSED, APPROVED AND ADOPTED, by the [ Development Authority of the City of Temecula, at a regL October, 2001. ~diately upon its adoption· Ioard of Directors of the Industrial lar meeting held on the 23r~ day of Jeff Corherchero, Chairman ATTEST: Susan Jones, Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Industrial Development Authority of the City of Temecula, HEREBY DO CERTIFY that the foregoing solution No. 01- was duly adopted at a regular meeting of the Board of Directors of the Industrial Development Authority of the City of Temecula on the 23rd day of October, 2001, by the following roll call vote: AYES: NAYS: ABSENT: ABSTAINED: BOARDMEMB BOARDMEMB BOARDMEMB :RS: :RS: --'RS: BOARDMEMBIRS: Susan Jones, Secretary -3- LOAN AGREEMEN'I by and between the INDUSTRIAL DEVELOPMENT AUTHORITY OF and THE CITY OF TEMECULA TENSION ENVELOPE CORPORATION, A NE1V YORK CORPORATION / Dated as of October 1, ~001 relating to: $3,545,000 Industrial Development Authority of th Industrial Development Refunding (Tension Envelope Corporation ProjE = City of Temecula ~,evenue Bonds ct), Series 2001A Section 1.1. Section 1.2. Section 1 Section 1 Section 2.1. Section 2.2. Section 3.1. Section 3.2. Section 3.3. Section 4.1. Section 5.1. Section 5.2. Section 5.3. Section 6.1. Section 6.2. Section 6.3. Section 6.4. Section 6.5. Section 6.6. Section 6.7. Section 6.8. Section 6.9. Section 6.10. Section 6.11. Section 6.12. Section 6.13. Section 6.14. Section 6.15. Section 6.16. Section 6.17. TABLE OF CONTENTS ARTICLE I DEFINITIONS AND INTERPRE rATION Definitions ........................................................................................................................... 1 Exhibits ................................................................................................................................ 4 Interpretation ....................................................................................................................... Recitals, Titles and Headings ............................................................................................. ARTICLE II REPRESENTATIONS AND WARRANTIES Representations and Warranties of the Authority ............................................................... Representations, Warranties and Covenants of th~ ~ Borrower ............................................ 7 ARTICLE III THE LOAN Closing of the Loan ........................................................................................................... 11 Making of the Loan ........................................................................................................... 13 Disbursement of Loan Proceeds ........................................................................................ 13 ARTICLE IV LIMITED LIABILITY Limited Liability ................................................................................................................. 14 ARTICLE V REPAYMENT OF THE LO ~.N Loan Repayment and Other Borrower Payment O gations ............................................. 15 Nature of the Borrower's Obligations ................................................................................ 16 Prepayment of the Loan ................................................................................................... 17 ARTICLE VI FURTHER AGREEMEN3 S Successor to the Authority ................................................................................................ 18 Title to Property ................................................................................................................... 18 Security Interest in Property .............................................................................................. 18 Change in Name or Corporate Structure of the Bo 'rower; Change in Location of the Borrower's Chief Executive Office .............................................................................. 19 Liens and Encumbrances to Title ...................................................................................... 19 Assignment of Insurance .................................................................................................. 19 Indemnification of the Authority, the City of Temec ula and Bondowner Representative ................................................................................................................... 19 Reporting Requirements .................................................................................................... 21 Books and Records; Inspection and Examination ............................................................. 22 Compliance With Laws ..................................................................................................... 22 Environmental Compliance ................................................................................................ 22 Payment of Taxes and Other Claims ................................................................................ 23 [intentionally omitted] ......................................................................................................... 23 Insurance .......................................................................................................................... 23 Preservation of Corporate Existence ................................................................................. 24 Performance by the Bondowner Representative .............................................................. 24 Limitations of Liability ......................................................................................................... 25 Section 6.18. Section 6.19. Section 6.20. Section 6.21. Section 6.22. Section 6.23. Section 6.24. Section 6.25. Section 6.26. Section 6.27. Section 6.28. Section 6.29. Section 6.30. Section 6.31. Section 6.32. Section 6.33. Section 6.34. Section 6.35. Section 6.36. Section 7.1. Section 7.2. Section 7,3. Section 7.4. Section 8.1. Section 8.2. Section 8.3. Section 8.4. Section 8.5. Section 8.6. Section 8.7. Section 8.8. Section 8.9. Section 8.10. Section 8.11. Section 8.12. Section 8.13. EXHIBIT a EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT (3 EXHIBIT H EXHIBIT I EXHIBIT d EXHIBIT K EXHIBIT L EXHIBIT M Ratio of Debt to Tangible Net Worth ................................................................................. 25 Current Assets to Current Liabilities Ratio ........................................................................ 26 Tangible Net Worth ............................................................................................................ 26 [intentionally omitted] ........................................................................................................ 26 Lien .................................................................................................................................... 26 Sale of Assets .................................................................................................................... 26 Consolidation and Merger .................................................................................................. 26 Accounting ....................................................................................................................... 27 [intentionally omitted] ......................................................................................................... 27 [intentionally omitted] ......................................................................................................... 27 Place of Business .............................................................................................................. 27 Modifications and Substitutions ...................................................................................... 27 Use of Property .................................................................................................................. 27 Damage and Destruction .................................................................................................. 28 Condemnation ................................................................................................................... 28 Reporting to the Authority .................................................................................................. 29 Levels of Employment ....................................................................................................... 29 Qualification in California ................................................................................................... 29 Tax Exempt Status of the Bonds ...................................................................................... 29 ARTICLE VII EVENTS OF DEFAULT AND REMEDIES Events of Default ............................................................................................................... 31 Remedies on Default ......................................................................................................... 32 No Remedy Exclusive ........................................................................................................ 32 Attorneys' Fees .................................................................................................................. 33 ARTICLE VIII MISCELLANEOUS Entire Agreement ............................................................................................................... 34 Notices ............................................................................................................................. 34 Assignments ...................................................................................................................... 34 Severability ........................................................................................................................ 34 Execution of Counterparts .............................................................................................. 34 Amendments, Changes and Modifications ...................................................................... 34 (3overning Law ................................................................................................................. 34 Term of Agreement ............................................................................................................ 34 Survival of Agreement ....................................................................................................... 35 Binding Effect; Third Party Beneficiary .............................................................................. 35 Further Assurance and Corrective Instruments ................................................................ 35 usury .................................................................................................................................. 35 Waiver of Jury Trial ............................................................................................................ 35 SCHEDULE OF LOAN PAYMENTS DESCRIPTION OF THE PROJECT FORM OF OPINION OF COUNSEL TO BORRO¥/ER FORM OF OPINION OF COUNSEL TO ISSUER FORM OF OPINION OF BOND COUNSEL FORM OF BOND LEGAL DESCRIPTION OF REAL PROPERTY LIST OF PERMITTED EXCEPTIONS LIST OF TRADE NAMES SURVEY REQUIREMENTS PERMANENT LOAN INSURANCE REQUIREMENTS ENVIRONMENTAL PHASE I REPORT REQUIRE VIENTS FORM OF CERTIFICATE OF CHIEF FINANCIAL ~FFICER -ii- LOAN AGREEMENT THIS LOAN AGREEMENT dated as of October 1,201 between the Industrial Development Authority of the City instrumentality of the State of California (the "Authority"), ar New York corporation (the "Borrower"). For and in consideration of the mutual agreements consideration the receipt and sufficiency of which is hereb agree as follows: ARTICLE I DEFINITIONS AND INTERPRE (the "Loan Agreement") is by and of Temecula, a public, corporate Tension Envelope Corporation, a ~ereinafter contained1 and for other acknowledged, the parties hereto ~,TION n this Loan Agreement and not uch terms in the Indenture of Trust, Section 1.1. Definitions. Capitalized terms used otherwise defined herein shall have the meanings given to dated as of October 1, 2001, between the Authority and GE Capital Public Finance, Inc., as Bondowner Representative In add ton, the following ~vords and terms as used in this Agreement shall have the following meamngs unless the cor~text or use otherwise requ~ es: / "Assignment" means the Assignment of Rents and Leases, dated as of October 1, 2001 executed by the Borrower in favor of the Bondowner Representative. "County" means the County of Riverside, California. "Damaged Prepayment Amount" means the amoun~which Borrower must from time to time pay or cause to be paid in order to prepay the Loan ap provided in Section 5.3(b) hereof, such amount being equal to that portion of the .outstanding principal balance of the Loan represented by the percentage that the value of the Propelrty after any loss, theft, or damage (as described in Section 6.31 hereof) bears to the value of the Property immediately before any such loss, theft, damage or destruction, together with accrued interest and all other amounts due hereunder. Default" means an event that, with giving of notice or passage of time or both, would constitute an Event of Default as provided in Article VII here "Determination of Taxability" means any determi Commissioner of Internal Revenue, or any District Director competent jurisdiction, or an opinion obtained by the Bo~ qualified in such matters, that an Event of Taxability shall Taxability also shall be deemed to have occurred on the firs~ to occur ~ation, decision or decree by the of Internal Revenue or any court of idowner Representative of counsel have occurred. A Determination of of the following: (a) the date when the Borrower files any statement, supplemental statement, or other tax schedule, return or document, which ~iscloses that an Event of Taxability has occurred; or (b) the effective date of any federal legis ation enacted after the Closing Date or promulgation of any income tax regulation or rulihg by the Internal Revenue Service that causes an Event of Taxability after the Closing )ate; or -1- (c) Property within the meaning of United States Trea failure to receive an unqualified opinion of Bonc deliberate action will not cause interest on the Bond incomes of the owners of the Bonds for purposes of if upon sale, lease or other deliberate action taken with respect to the sury Regulations § 1.141-2(d), the Counsel to the effect that such ; to become includable in the gross 'ederal income taxation. "Environmental Indemnity Agreement" means the dated as of October 1, 2001 executed by the Borrower Representative. "Environmental Laws" means any federal, State c discharges, releases of Hazardous Wastes or Materials int( water or land, or otherwise relating to the manufacture, pro( storage, disposal, transport or handling of Hazardous Waste "Event of Default" means any of the events describ~ 7.1 hereof. "Event of Taxability" means, if as the result of ar proceeds of the Loan, a change in use of the Property or ~ in any of the representations, warranties or covenants conta Trust or the Tax Certificate or the enactment of any federal the promulgation of any income tax regulation or ruling by the Closing Date, the interest on the Bonds is or becomes the owners of the Bonds for purposes of federal income tax~ "Gross-Up Rate" means, with respect to any IntE made prior to the Event of Taxability), the rate necessar~ nvironmental Indemnity Agreement for the benefit of the Bondowner local laws relating to emissions, ambient air, surface water, ground ;essing, distribution, use, treatment, or Materials. as an event of default in Section y act, failure to act or use of the ny misrepresentation or inaccuracy ined in this Agreement, the Deed of :gislation after the Closing Date or the Internal Revenue Service after includable in the gross incomes of tion. rest payment (including payments to calculate a total payment in an amount sufficient such that the sum of the Interest paymen~ plus an additional payment would, after reduced by the federal tax (including interest and p~enalties) actually payable thereon, equal the amount of the Interest payment. "Hazardous Waste or Materials" means any substance or material defined in or designated as hazardous or toxic wastes, hazardous or toxic material, a hazardous, toxic or radioactive substance, or other similar term, by any Envi~ )nmental Law now or hereafter in effect. "Improvements" has the meaning given such tern "Property" in this Section 1.1. "Interest" means the portion of any Loan Payment hereto. "Loan" means the mortgage loan originated hereun( in an initial amount equal to three million five hundred fort for the purpose of refinancing the Project. "Loan Agreement" means this Loan Agreement, time to time. in clause (a) of the definition of Jesignated as interest on Exhibit A ler by the Authority to the Borrower .five thousand dollars ($3,545,000), amended and supplemented from -2- "Loan Documents" means this Loan Agreement, tl'e Assignment, the Tax Certificate, the Environmental Indemnity Agreement and the Deed of Tr Jst. "Loan Payments" means the loan payments payab' by the Borrower pursuant to the provisions of this Agreement as specifically set forth in Exhibit A hereto. / "Permitted Exceptions" means those items listed on "Premises" has the meaning given such term in Section 1.1. "Prepayment Amount" means the amount which the time pay or cause to be paid in order to prepay the Loan, such amounts being set forth in Exhibit A hereto, together amounts due hereunder. "Principal" means the portion of any Loan Payment hereto. "Prior Loan Agreement" means the Loan Agreen' between the Authority and the Borrower, as amended Agreement, dated as of July 31, 2001, between the Authorit !xhibit H hereto. lhe definition of "Property" in this Borrower may or must from time to as provided in Section 5.3 hereof, with accrued interest and all other Jesignated as principal on Exhibit A ent, dated as of August 1, 1994, by the First Amendment to Loan and the Borrower. "Project" means the land acquired, and the building acquired and renovated with the proceeds of the 1994 Bonds, together with any equipmeht or furnishings acquired with the proceeds of the 1994 Bonds. ,, "Property' means, collectively, all of the Borrower'slestate, right, title and interest, now owned or hereafter acquired, including any reversion or remainder interest, in the real property described on Exhibit G hereto, including all heretofore or I-~ereafter vacated alleys and streets abutting the property, and all easements, rights, appurtenances, tenements, hereditaments, ater, water rights and water stock rents, royalties, mineral, oil and gas rights and profits, appurtenant to the property (collectively "Premises"); togetl right, title and interest, now owned or hereafter acquired, in: (a) all buildings, structures, improvem ~er with all of the Borrower's estate, .~nts, parking areas, landscaping, equipment, software intangibles and fixtures, includi 3g (without limitation) all heating, air conditioning and incinerating apparatus; all boilers, engines, motors, dynamos, generating equipment, piping and plumbing fixtures, water heaters, ranges, cooking apparatus and mechanical kitchen equipment,I refrigerators, freezers, cooling, ventilating sprinkling and vacuum cleaning systems, fire extinguishing apparatus, gas and electric fixtures, carpeting, floor coverings, u~derpadding, elevators, escalators, partitions mantels, built-in mirrors, window shades, blinds, draperies, screens, storm sash awnings, signs, furnishings of public spaces, I~alls and lobbies, and shrubbery and plants, and including also all interest of any owner ~f the Premises in any of such items hereafter at any time acquired under conditional sal~ contract, chattel mortgage or other title retaining or security instrument, all of which p~operty mentioned in this clause (a) shall be deemed part of the realty covered by this/~greement and not severable wholly or in part without material injury to the freehold of the Premises (all of the foregoing together with replacements and additions thereto are referred to herein as "Improvements"); (b) all compensation, awards, damagers, rights of action and proceeds, including interest thereon and/or the proceeds of ~ny policies of insurance therefore, arising out of or relating to a (i) taking or damaging of the Premises or Improvements thereon by reason of any public or private impr~vement, condemnation proceeding -3- (including change of grade), sale or transfer in lieu or other casualty, or (ii) any injury to or decrease Improvements for any reason whatsoever; (c) other payments upon any insurance, or naming the Bondowner Representative; condemnation, or fire, earthquake the vague of the Premises or the ]ny time provided for the benefit of (d) all the right, title and interest of the Borrower in, to and under all written and oral leases and rental agreements (including e~lensions, renewals and subleases; all of the foregoing shall be referred to collectively herein as the "Leases") now or hereafter affecting the Premises including, without limitation, all rents, issues, profits and other revenues and income therefrom and from the renting, leasing or bailment of Improvements and equipment, all guaranties of tenapts' performance under the Leases, all letter-of-credit rights and all other supporting obligations associated with the Leases, and all rights and claims of any kind that the Borr~)wer may have against any tenant under the Leases or in connection with the termination or rejection of the Leases in a bankruptcy or insolvency proceeding; and the leasehold estate, if applicable; (e) all books, records, surveys, reports ~nd other documents related to the Premises, the Improvements, the Leases or other i~ems of collateral described herein; and (f) all additions, accessions, replacements, substitutions, proceeds and products of the real and personal property, tangible and intangible, described in this definition of Property. "State" means the State of California. "Tax Certificate" means the Certificate as to Arbitrage dated as of the Closing Date, executed by the Borrower and the Authority, as such certificate may be amended from time to time. "UCC" means the Uniform Commercial Code as ado ted and in effect in the State. Section 1.2· Exhibits· The following exhibits are atJached to this Loan Agreement and by this reference made a part hereof: Exhibit A: Schedule of Loan Pay~ Exhibit B: Exhibit C: Description of the Proj, Form of Opinion of Co Exhibit D: Form of Opinion of Co Exhibit E: Form of Opinion of Bo Exhibit F: Form of Bond. Exhibit G: Legal Description of R Exhibit H: List of Permitted ExcE nents. ;ct. Jnsel to Borrower. Jnsel to Issuer. ~d Counsel. ,~al Property. )tions. Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Section 1.3. Interpretation. List of Trade Names. Survey Requirements. Permanent Loan Insur~ Phase I Requirements. Form of Certificate of Unless the context cl masculine gender shall be construed to include correlative nce Requirements. hief Financial Officer. .~arly requires otherwise, words of words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. Thi~ Loan Agreement and all the terms and provisions hereof shall be construed to effectuate th[e purpose set forth herein and to sustain the validity hereof. / / Section 1.4. Recitals Titles and Headings. The term~ and phrases used in the recitals of this Loan Agreement have been included for convenience ?f reference only, and the meaning, construction and interpretation of all such terms and phrases for purposes of this Loan Agreement shall be determined by references to Section 1. the articles and sections of this Loan Agreement have reference only and are not to be considered a part hereof, restrict any of the terms or provisions hereof and shall new in construing this Loan Agreement or any provision here question of intent should arise. -5- hereof. The titles and headings of been inserted for convenience of and shall not in any way modify or ~r be considered or given any effect of or in ascertaining intent, if any ARTICLE II REPRESENTATIONS AND WAR Section 2.1. Representations and Warranties of the, warrants and covenants for the benefit of the Borrower, the holders of the Bonds that: (a) The Authority is a public, corporate organized and validly existing under the laws of the Act, the Authority has the power to enter into the tr; by this Loan Agreement, the Indenture and th, Documents") and to carry out its obligations here action, the Authority has authorized the execution, obligations under the Issuer Documents. (b) Neither the execution and delivery Authority's compliance with the terms, conditions ~ANTIES ~,uthority. The Authority represents, Bondowner Representative and the instrumentality of the State, duly State. Under the provisions of the msactions on its part contemplated Bonds (collectively, the "Issuer ~nder and thereunder. By proper lelivery and due performance of its 3f the Issuer Documents, nor the or provisions on the part of the Authority in the Issuer Documents, to the knowlec le of the Authority, conflicts in any material respect with or results in a material breacl~ of any of the terms, conditions or provisions of any constitution or statute of the Statg, or of any agreement, instrument, judgment, order or decree to which the Authority is now a party or by which it is bound or constitutes a material default by the Authority under ~ny of the foregoing. (c) Except as otherwise provided in th, created and will not create any debt, lien or charge ~ pledged to the repayment of the Bonds under the not make any pledge or assignment of or create ar the pledge and assignment thereof under the Indent (d) The Authority has complied and will the Act to be complied with by the Authority applical: (e) The Bonds are being issued under th Indenture, the Authority has not ipon the asset and monies explicitly denture, and has not made and will y encumbrance thereon, other than ~re. omply with all material provisions of e to the Issuer Documents. Indenture, and are secured by the in this Loan Agreement (other than Indenture, pursuant to which the Authority's interest its rights under Sections 2.3, 2.4, 5.1(d), 5.1(e), 6.7 and 7.4 hereof) is pledged and assigned to the Bondowner Representative. The fAuthority covenants that it has not pledged and will not pledge or assign its interest inlthis Loan Agreement other than to the Bondowner Representative under the Indenture./ / (f) NO litigation or administrative action Iof any nature has been served on the Authority and is now pending (i) seeking to r, delivery by the Authority of the Issuer Documents proceedings or authority of the Authority relating validity of the Bonds, or (ii) challenging to the exist that of its present or former members or officers an none of the foregoing are threatened. -6- ;strain or enjoin the execution and or in any manner questioning the hereto or otherwise affecting the ,rice or authority of the Authority or to the knowledge of the Authority, (g) The Issuer Documents are legal, w~lid and binding obligations of the issuer, enforceable upon the Issuer in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratoriu~ and other similar laws affecting creditors' rights heretofore or hereafter enacted a~d also subject to the exercise of judicial discretion in appropriate cases. Section 2.2. Representations, Warranties and Covenants of the Borrower. The Borrower represents, warrants and covenants for the benefit of the Authority, the Bondowner Representative and the holders of the Bonds that: / (a) The Borrower is a corporation duly organized, validly existing and in good standing under the laws of the state of New Ybrk, has power to enter into this Agreement and by proper corporate action has ~July authorized the execution and delivery of the Loan Documents. The Borrower is ir or qualified to transact business in the State and in of the property owned or leased or the nature of ti such licensing or qualification necessary. The Bor forth on the execution page hereof. (b) The Borrower has been fully authoriz good standing and is duly licensed all jurisdictions where the character e business transacted by it makes 'ower's exact legal name is as set ~d to execute and deliver the Loan Documents under the terms and provisions of a resolution of its board of directors, or by other appropriate official approval, and further represents, covenants and warrants that all requirements have been met, and procedures h'~ve occurred in order to ensure the enforceability of the Loan Documents and the I authorized, executed and delivered by the Borrower. (c) The officer of the Borrower executi related documents has been duly authorized t~ Documents and such related documents under the 1 of the Borrower's board of directors. .oan Documents have been duly · ~g the Loan Documents and any execute and deliver the Loan erms and provisions of a resolution (d) The Loan Documents constitute vali~ and legally binding obligations of the Borrower, enforceable against the Borrower ir~ accordance with their respective terms, except to the extent limited by bankr~.ptcy, reorganization, insolvency, rehabilitation or other laws of general application rela~ting to or affecting the enforcement of creditors' rights and principals of equity. ] / (e) The execution and delivery of the Loat~ Documents, the consummation of the transactions contemplated thereby and the fulfi!lment of the terms and conditions thereof do not and will not violate any law, rule, regulation or order, conflict with or result in a breach of any of the terms or conditions of the articles of incorporation or bylaws of the Borrower or of any agreement or instrument to]which the Borrower is now a party and do not and will not constitute a default under any of the foregoing or result in the creation or imposition of any liens, charges or encurhbrances of any nature upon any of the property or assets of the Borrower contrary {o the terms of any instrument or agreement. -7- (f) The authorization, execution, delivery by the Borrower do not require submission to, al governmental authority or agency, which action witt' been taken and which is final and nonappealable, E security interest in and lien on the Property in favor Representative. and performance of this Agreement ~proval of, or other action by any respect to this Agreement has not xcept for filings with respect to the )f the Authority and the Bondowner (g) There is no action, suit, proceeding, laim, inquiry or investigation, at law or in equity before or by any court, regulatory agency, public board or body pending or, to the best of the Bo,rrower's knowledge, threatene~l against or affecting the Borrower, challenging Borrowers authority to enter into the L(~an Documents or any other action wherein an unfavorable ruling or finding would advelsely affect the enforceability of the Loan Documents or any other transaction of the Boq'ower which is similar hereto, or the exclusion of the interest on the Bonds from the gr ~ss income of the Bondholders for federal tax purposes under the Code, or would ~naterially and adversely affect the financial condition, business or properties of the Bon wer. (h) The Premises and the Property are )roperly zoned for its current and anticipated use and the use of the Property will not violate any applicable zoning, land use, environmental or similar law or restriction. The Borrower has all licenses and permits to use the Property. / (i) [intentionally omitted] ~ (j) The Project is of the type authorized and permitted to be financed with the proceeds of the 1994 Bonds pursuant to the Act (k) The Borrower owns the Project anc operate the Project, as an "economic developmenl Act until the date on which all of the Loan Pay~ applicable Prepayment Amount has been fully paid. (I) The Borrower will not take any action has operated and will continue to project", within the meaning of the nents have been fully paid or the that would cause the interest on the : the Bondholders for federal income Bonds to become includable in the gross incomes tax purposes under the Code (including, without lin''itation, intentional acts under Treas. Reg. §1.148-2(¢) or deliberate action within the m .~aning of Treas. Reg. §1.141-2(d)), and the Borrower will take and will cause its officer s, employees and agents to take all affirmative actions legally within its power necessary to ensure that the interest on the Bonds does not become includable in the gross inc~)mes of the Bondholders for federal income tax purposes under the Code (including, Without limitation, the calculation and payment of any rebate required to preserve such ex~;lusion). / (m) The Borrower has heretofore furnished to the Bondowner Representative the audited financial statements of the Borrower for its fiscal year ended September 30, 1997 September 30, 1998, September 30, 19991 and September 30, 2000 and the unaudited financial Statements of the Borrower for the six-months ended March 31, 2001, and those statements fairly present the financial condition of the Borrower on the dates thereof and the results of its operations and c~sh flows for the periods then ended and were prepared in accordance with generally ac cepted accounting principles. Since the date of the most recent financial statements, here has been no material adverse change in the business, properties or condition (fina ncial or otherwise) of the Borrower. -8- (n) when due all federal, state and local taxes required has filed all federal, state and local tax returns whi( Borrower has paid or caused to be paid to the resp~ shown on said returns or on any assessment rece have become due. The Borrower has paid or caused , be paid to the proper authorities to be withheld by it. The Borrower (o) The Borrower has good title to the Pr( and clear of all mortgages, security interests, liens :h are required to be filed, and the ~ctive taxing authorities all taxes as ved by it to the extent such taxes perty and all proceeds thereof, free and encumbrances except for the security interest created pursuant to this Agreemegt and the Deed of Trust and the Permitted Exceptions. / (p) All financial and other information provided to the Bondowner Representative by or on behalf of the Borrower In connection with the Borrower's request for the Bondowner Representative to purchase the Bonds ~s true and correct m all material respects and, as to projections, valuations or pro forma financial statements, present a good faith opinion as to such projections, and results. (q) The Borrower has approved the form by the Bondowner Representative sufficient when fil personal property created pursuant to this Agreer perfection by filing such financing statements. WI filed in the offices noted therein, the Bondowner f Authority and holder of the Bonds, will have a valid ~ extent it is subject to perfection by filing such fina valuations and pro forma condition of financing statements to be filed ;d to perfect the security interest in ~ent to the extent it is subject to ~en such financing statements are representative, as assignee of the nd perfected security interest to the 3cing statements in such personal property, subject to no other security interest, assignment, lien or encumbrance except Permitted Exceptions. The Borrower owns the premises subject to no liens or encumbrances of any kind except the Permitted ExcePtions. (r) The Borrower will aid and assist Ithe Authority in connection with preparing and submitting to the Internal Revenue Service a Form 8038 (or other Te and ~n the form required by the applicable information reporting statement) at the t' ~ ' ' Code. (s) The Borrower will comply fully at all times with the Tax Certificate, and the Borrower will not take any action, or omit to take an~/action, which, if taken or omitted, respectively, would violate the Tax Certificate, and tt e representations and warranties in the Tax Certificate are true and correct. (t) No person other than the Borrower is in occupancy or possession of any portion of the real property where any portion of the I (u) To the best of the Borrower's know official of the Authority has any financial interest w transactions contemplated by this Agreement. (v) The Borrower shall comply with th~ affirmative action provisions of the laws of the Unit )roperty is located. edge, no member, officer or other ~atsoever in the Borrower or in the applicable nondiscrimination and States of America, the State and the City of Temecula. The Borrower shall not discriminate in its employment practices against any employee or applicant for employmer)t because of such person's race, religion, national origin, ancestry, sex, sexual orier ration, age, marital status, medical condition or physical handicap. (w) [intentionally omitted] (x) All of the Net Proceeds (as defined i~l the Prior Indenture) were used to provide either land or property (including buildin! s) of a character subject to the allowance for depreciation under the Code, and subs tantially all amounts paid from such Net Proceeds and the investment earnings therepn were, for Federal income tax purposes, chargeable to the Project's capital accoun[ or would have been so chargeable either with a proper election by the Borrower (for ~xample under Section 266 of the Code) or but for a proper election by the Borrower to (y) No part of the Project was "pla¢ (determined in accordance with the provisions of '~ 8(a)(5)) more than one year prior to the date of issua (z) The Borrower will use due diligence in all material respects in accordance with the laws, of the State and the departments, agencies and polit deduct such amounts. ed in service" by the Borrower reasury Regulation Section 1.103- 3ce of the 1994 Bonds. cause the Project to be operated rulings, regulations and ordinances cai subdivisions thereof. (aa) The Borrower will perform the duties and obligations which the Authority has covenanted and agreed in the Indenture to c~use Borrower to perform and any duties and obligations which Borrower is required foregoing shall not apply to any duty or undertaking cannot be delegated or assigned. (bb) All workers employed in any construcl rehabilitation financed in whole or in part by means engaged to do strictly maintenance work, shall in the Indenture to perform. The of the Authority which by its nature ion, improvement, reconstruction or of 1994 Bonds, exclusive of those paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. Those rates shall be as determined by the Director of the Department of Industrial Relations of the State ofI California in accordance with th, e standards set forth in Section 1773 of the Califqrnia Labor Code. The Directors determination shall be final and Sections 1773.1, 11773.5, 1774 and 1776 (excepting subdivision (f) of the Labor Code) shall apply. / / (cc) As of the Closing Date, the representations, warranties and covenants of the Borrower set forth in Section 2.02 of the Pri9r Loan Agreement were true and correct, and no default by the Borrower had occurred and was then continuing under the provisions of the Prior Loan Agreement. -10- :: ARTICLE III THE LOAN Section 3.1. Closin,q of the Loan. The closing of following conditions are met: the Loan shall not occur until the rive each shall have received an ~an Agreement, the Deed of Trust, ndemnity Agreement, together with (a) The Authority and the Bondowner Represent~ original fully executed and completed counterpart of this L~ the Assignment, the Tax Certificate and the Environmental evidence satisfactory to the Bondowner Representative of tt~e recordation of the Deed of Trust in the official records of the County Recorder of the County,lwhich may be by telephonic notice from a title company. / / (b) The Bondowner Representative shall have received all of the following, each in form and substance satisfactory to the Bondowner Representative: / delivery and performance of the Loan Documents a~d any related documents, (B) the officers or agents of the Borrower ~cuments and other instruments, of Incorporation of the Borrower. bylaws of Borrower, and (C) the signatures of the authorized to execute and deliver the Loan D~ agreements and certificates on behalf of the BorrowE (ii) Currently certified copies of the Article (iii) A Certificate of Good Standing is,, ued as to the Borrower by the Secretary of the State of the state of the Borrower's ~ncorporation not more than 10 days prior to the Closing Date. bus ness (iv) A certificate of qualification to do in the State issued as to the Borrower nor more than 10 days prior to the Closing Date. ! (v) A copy of the completed and executed Internal Revenue Service Form 8038 or evidence of filing thereof with the Secretary (if Treasury. / (vi) Evidence that the issuance of the Bon~ds for the purpose of refunding the 1994 Bonds has been approved by the "applical~le elected representative" of the Authority after a public hearing held upon reasonablelnotice. / (vii) As applicable, financing statements executed by the Borrower, as debtor, and naming the Authority, as secured party, and t~e Bondowner Representative, as assignee. ~ffices showing that (A) no state or t against the Borrower, and (B) no .~ffect against the Borrower relating nents filed by the Bondowner (viii) Current searches of appropriate filing federal tax liens have been filed and remain in effe( financing statements have been filed and remain in to the Property except those financing state Representative. -11- (ix) An environmental engineering report for the Premises prepared by an engineer engaged by the Bondowner Represen ative after consultation with the Borrower and at the Borrower's expense, and in a m~nner satisfactory to the Bondowner Representative, based upon an investigation relating to and making appropriate inquiries concerning the Premises and in complian ;e with the Environmental Phase I Requirements set forth in Exhibit L hereto. (x) A completed Environmental Questio3naire executed on behalf of the Borrower and acceptable to the Bondowner Represe ~tative. (xi) [intentionally omitted] (xii) An opinion of counsel to the Borro, ver, addressed to the Bondowner Representative and the Authority, in the form attache d hereto as Exhibit C. ' I h AthI (xiii) An opinion or counse to t e u o~'ity, addressed to the Bondowner Representative, in the form attached hereto as Exhibit D. / (xiv) An opinion of Bond Counsel, addressed to the Authority, in the form attached hereto as Exhibit E, along with a reliance I~tter of Bond Counsel, addressed to the Bondowner Representabve to the effect that tl~e Bondowner Representative may rely on the approving opinion of Bond Counsel· / / (xv) Payment of the Bondowner Representative's fees, commissions and expenses required to be paid by the Borrower on o~ prior to the Closing Date pursuant to Section 5.1(f) hereof. (xvi) Payment of the Authority's adminisl 5.1 (d) hereof. (xvii) The certificates of the insurance lender's loss payable clause or endorsement in fav( and the loan insurance requirements set forth in Exh (xviii) An as-built survey of the Property requirements set forth in Exhibit J hereto. (xix) An ALTA (or equivalent) mortgage maximum amount of the appraised value of the reinsurance and endorsements as the Bondow rative fee as required by Section 'equired hereunder, containing a r of the Bondowner Representative bit K hereto. prepared in compliance with the .~ policy of title insurance in the Premises and Improvements, with 3er Representative may require, containing no exceptions to title (printed or otherwise) which are unacceptable to the Bondowner Representative, and insuring that the Deed of Trust is a first-priority lien on the Premises and related collateral. Without limita!ion, such policy shall (A) be in the 1970 ALTA (as amended 84) form or, if not available, ALTA 1992 form (deleting arbitration and creditors' rights, if permissible) or, il~ not available, the form commonly used in the State, insuring the Bondowner Repr~sentahve and ~ts successors and assigns; and (B) include the following endorsements and/or affirmative coverages: (1) ALTA 9 Comprehensive, (2) Survey, (3) Access, (4 Subdivision (as applicable), (6) Contiguity (as appli and Improvement and (9) Tax Sale (as applicable). -12- Environmental Protection Lien, (5) ;able), (7) Tax Parcel, (8) Address (xx) A zoning compliance letter from he applicable City of Temecula Planner's office. Without limitation, such zoning compliance letter shall (A) provide the zoning classification code for the property, (B) be ~ddressed to the Borrower and the Bondowner Representative, (C) include the address of the Property, (D) describe the type(s) of permitted use of the Property, and (E) ir~clude an expiration-dated copy of conditions or restrictions of use. If the applicable gqvernmental agency does not, or is unwilling to, provide the required zoning corhpliance letter, the Bondowner Representative will require an ALTA 3.1 Zoning EndOrsement (with additional coverage for number and type of parking spaces) to the mortgagee policy of title insurance. (xxi) A copy of the final, permanent and unconditional Certificate of Occupancy for the Property. (xxii) An one-site inspection conducted by an entity, and otherwise prepared by an engineer acceptable to the Bondowner Representative. (xxiii) An appraisal of the Property in form Bondowner Representative. (xxiv) Any other documents and/or iten Representative. (c) No Event of Default nor any event which with the of notice would constitute an Event of Default under this Lc as evidenced by a certificate received from the Borrower. and substance acceptable to the ~s required by the Bondowner passage of time and/or the giving an Agreement shall have occurred (d) All legal matters incident to the transactions con emplated by this Loan Agreement shall be concluded to the reasonable satisfaction of counsel to the Bondowner Representative and counsel to the Authority. / Section 3.2. Makin.q of the Loan. The Authority h~reby makes to the Borrower and agrees to fund, and the Borrower hereby accepts from t le Authority, upon the terms and conditions set forth herein the Loan, and agrees to have the proceeds of the Loan applied and disbursed as provided in Section 3.3 below. Section 3.3. Disbursement of Loan Proceeds. Th{ directs the funding and disbursement of the Loan in full on ti" to the $3,545,000.00, subject to the conditions set forth in S, the Loan shall be used to repay the outstanding principal Agreement (as defined in the Prior Indenture) on the Closing ~ Authority hereby authorizes and e Closing Date in an amount equal ;ction 3.1 above. The proceeds of of the loan made pursuant to the Date. -13- ARTICLE IV LIMITED LIABILITY Section 4.1. Limited Liability. The Authority shall nc be liable for any costs, expenses, losses, damages, claims or actions, of any conceivable kin'l on any conceivable theory, under or by reason of or in connection with this Loan Agreement, the Bonds or any of the other Loan Documents, except only (i) to the extent amounts are receN Borrower under this Loan Agreement, or (ii) for costs, exl: actions attributable solely to the Authority's gross negl obligations and any liability of the Authority shall be further I 6.13, 7.10 and 11.09 of the Indenture. ed for the payment thereof from the enses, losses, damages, claims or gence or willful misconduct. All mited as provided in Sections 5.01, ARTICLE V REPAYMENT OF THE LOI Section 5.1. Loan Repayment and Other Borrow-~r Payment Obligations. (a) The Borrower agrees to pay to the Bondowner Representative, as assignee of the Authority hereunder, the principal of and interest on the Loan at the times and in the amounts set forth in Exhibit A to this Loan Agreement; provided that at all times {he repayment of the Loan shall be in time and amount sufficient to make timely payments of amounts due on the Bonds. All Loan Payments shall be made in accordance with the Bond~wner Representative's electronic payment system. / Additionally, the Borrower shall pay to the Bondowner Representative, as assignee of the Authority, an amount equal to the product of (i) 18% !per annum and (ii) the delinquent amount of any Loan Payment not paid when due, but onl) telephonic or written notice of the amount not paid from t three business days to cure such non-payment. The Bondo' payments made pursuant to this paragraph that are in e: directly to the Bondholders. if and after the Borrower has had ~e Bondowner Representative and vner Representative shall remit any ;ess of the Principal and Interest Upon the occurrence of a Determination of Taxabilit the Borrower shall, with respect to future interest payments, begin making Loan Payments calculated at the Gross-Up Rate. In addition, the Borrower shall make ~mmed~ately upon demand of the Bondowner Representative a payment to the Bondowner Representative sufficient to s.u. pplement prior Loan Payments to the Gross-Up Rate, and the Bondowner Representative sh~ll remit any such payments directly t° the B°ndh°lders' 1 All amounts required to be paid by the Borrower hereunder shall be paid in lawful money of the United States of America in immediately available funds. Whenever any payment to be made hereunder shall be stated to be due on a day which isl not a Business Day, such payment may be made on the next succeeding Business Day, and such extension of time shall in such case be included in the computation of interest or the fees h~reunder, as the case may be. I ' t the assi nment b the (b) The Borrower hereby acknowledges and consents o g Y Authority to the Bondowner Representative of its rights upder the Deed of Trust, this Loan Agreement (excepting only the Authority's rights under Section 6.7, and the Authority's retained rights under Sections 2.3, 2.4, 5.1(d), 5.1(e) and 7.4 hereunder) and the other Loan Documents, and the appointment of the Bondowner Repres entative as agent of the Authority to collect the payments on the Loan, all as set forth in the Inde ~ture. (c) The Borrower further agrees to pay all taxes ar~ .assessments' general or special, including, without limitation, all ad valorem taxes, conce~mng or in any way related to the Property, or any part thereof, and any other governmental c~.arges and impositions whatsoever, foreseen or unforeseen, and all utility and other charges ana assessments with respect thereto; provided, however, that the Borrower reserves the right to contest in good faith the legality of any tax or governmental charge concerning or in any way the Borrower agrees to pay any loan fee, processing fee closing costs and expenses, any appraisal costs and all otb required in connection with the Loan Documents, the Bor limited to any such amounts described in Section 8.06 of th~ -15- -elated to the Property. In addition, and all title, escrow, recording and 9r fees and costs associated with or ds and Indenture including but not Indenture. (d) The Borrower hereby agrees to pay to the administrative fee of $1,000.00, plus fees of the City Al $1,500.00 and fees of the Authority's Bond Counsel (4 ($5,000.00). (e) The Borrower agrees to pay to the Authority witl request for payment thereof, all reasonable out-of-pock~ including salaries and wages of Authority employees) relate ~uthority on the Closing Date an [orney related to the financing of 25,000.00) and Financial Advisor dn fifteen (15) days after receipt of ~t expenses of the Authority (not :J to the Project and the refinancing thereof that are not otherwise required to be paid by the Bo 'rower under the terms of this Loan Agreement, including, without limitation, legal fees and ex!~enses incurred in connection with the interpretation, performance, enforcement or amendmer~t of any documents relating to the Project or the Bonds. ~ / (f) The Borrower shall pay to the Bondowner Representative, in addition to the Loan Payments and other amounts payable by the Borrower under Section 5.1(a) above or any other provision of this Agreement, such amounts as shallJbe required by the Bondowner Representat ven payment of any reasonable costs and expenses incurred by the Bondowner Representative in connection with the enforcement of t~is Agreement and the Indenture, including but not limited to payment of all reasonable ~[ees, costs and expenses of the Bondowner Representative in connection with the Property, expenses (including, without limitation, attorneys' fees and disbursements), and fees ~)f auditors or attorneys, insurance premiums not otherwise paid hereunder or charges required to be paid by the Bondowner Representative in order to comply with the terms of, ot' to enforce its rights under, this Agreement or the Indenture. Such costs and expenses s~all be billed to the Borrower by the Bondowner Representative from time to time, together with a statement certifying that the amount so billed has been paid by the Bondowner Repres( ntative for one or more of the items above described, or that such amount is then payable by such items. Amounts so billed shall be due and payable b1 after receipt of the bill by the Borrower. The provisions of payment and retirement of the Bond and the termination of Section 5.2. Nature of the Borrower's Obligations. pursuant to the terms of this Loan Agreement irrespective or counterclaim the Borrower might otherwise have again., The Borrower will not suspend, discontinue or reduce expressly provided herein) terminate this Loan Agreeme limiting the generality of the foregoing, (i) any delay or Project; (ii) the failure to obtain any permit, order or actior agency relating to the Loan or the Project; (iii) any event acts or circumstances that may constitute commercial frus the laws of the United States of America, the State or an any failure of the Authority or the Borrower to perform expressed or implied, or to discharge any duty, liability or c with this Agreement; it being the intention of the parties th the Bondowner Representative for the Borrower within thirty (30) days this Section 5.1(f) shall survive the his Agreement. The Borrower shall repay the Loan of any rights of set-off, recoupment t the Authority or any other person. any such payment or (except as for any cause, including, without interruption in the operation of the of any kind from any governmental constituting force majeure; (iv) any ration of purpose; (v) any change in ~ political subdivision thereof; or (vi) or observe any covenant whether bligation arising out of or connected ~t, as long as this Agreement or any portion thereof remains outstanding and unpaid, the obi ation of the Borrower to repay the Loan and provide such moneys shall continue in all eve~nts. This Section 5.2 shall not be construed to release the Borrower from any of its obligations hereunder, or, except as provided in this Section 5.2, to prevent or restrict the Borrower frown asserting any rights which it may have against the Authority under this Agreement or the Dead of Trust or under any provision of law or to prevent or restrict the Borrower, at its own cos~ and expense, from prosecuting or defending any action or proceeding by or against Ithe Authority or the Bondowner Representative or taking any other action to protect or secure its rights. -16- Notwithstanding the foregoing, neither the officers be personally liable for the amounts owing under this Notwithstanding the Indenture, no assignment by the A~ preclude the Authority from proceeding directly against obligation of the Borrower to indemnify the Authority und~ payment to the Authority required to be paid by the Bo :r the directors of the Borrower shall Agreement or the Deed of Trust. ~thority of its rights hereunder shall he Borrower in connection with the r Section 6.7 hereof or to make any rower pursuant to the provisions of Sections 2.3, 2.4, 5.1(d), 5.1(e) or 7.4 hereof. Nothing ,in this Section 5.2 shall prohibit the Borrower from contesting in good faith any lien (other than the lien of the Deed of Trust). Section 5.3. Prepayment of the Loan. la) The Bcrrower may, in its discretion, prepay the Loan in whole at any time after the third anniversa of the date hereof by paying the applicable Prepayment Amount. lb) The Borrower shall prepay the Loan and th~ Bond in whole or in part at any time pursuant to Sections 6.31 and 6.32 hereof by paying the DAmaged Payment Amount. lc) The Borrower shall prepay the Loan in full immediately upon demand of the Bondowner Representative after the occurrence of an Event of Default by paying the apphcable Prepayment Amount. ] (d) The Borrower shall prepay the Loan in ful mmediately upon demand of the Bondowner Representative after the occurrence of a Determination of Taxabd~ty by paying the applicable Prepayment Amount plus an amount necessary to supplement the prior Loan Payments to the Gross-Up Rate. / (e) Upon any prepayment in part of the Loan, thee prepayment shall be applied to the Principal portion of the Loan Payments in the inverse orderlof maturity. -17- ARTICLE VI FURTHER AGREEMENTS Section 6.1. Successor to the Authority. The ALlthority efforts to maintain the powers, functions, duties and oblig law or assure the assumptions of its obligations hereul subdivision succeeding to its powers. Section 6.2. Title to Property Legal title to the replacements, substitutions and modifications to such Pre will at all times use its best ations now reposed in it pursuant to ider by any public trust or political Property and any and all repairs, perry shall be in the Borrower. The Borrower will at all times protect and defend, at its own ~;ost and expense, its title from and against all claims, liens and legal processes of creditor~ of the Borrower (except Permitted Exceptions), and keep all Property free and clear of al (except Permitted Exceptions). Section 6.3. Security Interest in Property. This A~ security agreement within the meaning of the UCC. As s to make Loan Payments and all other amounts payable he to the Bondowner Representative a security interest cor (except Permitted Exceptions). The Borrower ratifies Bondowner Representative to pre-file UCC financing stat~ such claims, liens and processes reement is intended to constitute a ;curity for the Borrower's obligations reunder, the Borrower hereby grants stituting a first lien on the Property its previous authorization for the ments and any amendments thereto describing the Property and all other collateral describ,,d above and containing any other information required by the applicable UCC. The Borrower authorizes the Bondowner Representative, and hereby grants the Bondowner Representative a power of attorney (which is coupled with an interest), to file financing statements and amendments thereto describing the Property and containing any other information required by the applicable UCC and all proper terminations of the filings of other secured parties with resRect to the Property, in such form and substance as the Bondowner Representative, in its sole discretion, may determine. The Borrower agrees to execute such additional documents, including financing statements, demands for terminations, assignments, affidavits, notices and similar instruments, in form satisfactory to the Bondowner Representative, and take su!ch other actions that the Bondowner Representative deems necessary or appropriate to establi created by this Section, and the Borrower hereby desig Representative as its agent, and grants to the Bondownel (which is coupled with an interest), to execute on beh; documents and to take such other actions. The Borro~ Borrower may have to file with the applicable filing officer termination or other record pertaining to the Property and Representative's interest therein. To the extent permitted by applicable law, a carbor of this Agreement or of any financing statements signe( financing statement in any state to perfect the security Pursuant to Section 91536 of the Government Code of the and the Property by the Authority for the repayment of interest on the Bonds constitutes a first lien (except for interest which immediately attaches to such Loan Pa replacements, substitutions and modifications thereto foregoing, and is effective and binding against the Authc purchasers of the Property, creditors and all others as~ whether those parties have notice of the pledge, irrespecti -18- sh and maintain the security interest nates and appoints the Bondowner Representative a power of attorney If of the Borrower, such additional er hereby waives any right that the ny financing statement, amendment, 'or the Authority's or the Bondowner photographic or other reproduction I by the Borrower is sufficient as a 3terests granted in this Agreement. State, the pledge of Loan Payments e principal of, premium, if any, and Permitted Exceptions) and security ~ents and the Property, all repairs, r thereof and all proceeds of the rity, the Borrower, their successors, .erting rights therein irrespective of /e of whether such amounts and the / Property are or may be deemed to be fixture and without recordation, filing or further act. the need for physical delivery, Jcture of the Borrower; Chan,qe in Borrower's chief executive office is Indenture, and all of the Borrower's are kept at such location or at the written notice to the Bondowner Section 6.4. Change in Name or Corporate Str Location of the Borrower's Chief Executive Office. The located at the address set forth in Section 11.06 of the financial records relating to its business and the Propert~ Property. The Borrower hereby agrees to provide' Representative and the Authority of any change or proposed change in its name, or corporate structure. Such not~ce shall be prowded thirty days ~n advance of the date that such change or proposed change is planned to take effect. The BorroWer does business, and has done business, only under its own name and the trade names, if ~ny, set forth on Exhibit I hereto. Section 6.5. Liens and Encumbrances to Title. ']'he Borrower shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or w~th respect to the Property (together, L~ens ) other than the respective rights of the Authority and the Bondowner Repr~esentative as provided herein and in the Deed of Trust and the Permitted Exceptions. The Borrower shall promptly, at its own expense, take such action as may be necessary duly to discharge or remove any such Lien. The Borrower shall reimburse the Bondowner Representative for any expenses incurred by the Bondowner Representative to discharge or remove any Lieh. Section 6.6. Assignment of Insurance. As additional security for the payment and performance of the Borrower's obligations hereunder, the Borrower hereby assigns to the Bondowner Representative, as assignee of the AuthoritY,i/any and all proceeds of insurance due or to become due under, and all other rights of the Borrower with respect to, any and all pohc~es of ~nsurance now or at any t~me hereafter covenng the Property or any ewdence thereof or pertaining thereto, and the Borrower hereby directs the issuer of any such po cy to pay all such moneys directly to the Bondowner Representative. At occurrence of any Event of Default, the Bondowner Repr~ Bondowner Representative's name or in the Borrower's claim, receive all such insurance proceeds, endorse check payment of such insurance proceeds, and adjust, litigate against the issuer of any such policy. Section 6.7. Indemnification of the Authority, the Representative. (a) To the fullest extent permitted by lan hold harmless and defend the Authority, the City Representative, and each of their respective officers, employees, attorneys and agents (collectively, the "lnden losses, damages, claims, actions, liabilities, costs and e kind or character (including, without limitation, reasonabl{ costs, amounts paid in settlement and amounts paid to any time, whether before or after the ,sentative may (but need not), in the name, execute and deliver proof of and other instruments representing compromise or release any claim City of Temecula and Bondowner , the Borrower agrees to indemnify, f Temecula, and the Bondowner boardmembers, directors, officials, ~nified Parties"), against any and all <penses of any conceivable nature, attorneys' fees, litigation and court discharge judgments) to which the Indemnified Parties, or any of them, may become subject arising out way relating to: (i) the Loan Documents or the exec connection with transactions contemplated thereb, or remarketing of the Bonds; (ii) any act or omission of the Borrow~ servants, employees or licensees in connection operation of the Project, or the condition, environr -19- of or based upon or in any ation or amendment thereof or in including the issuance, sale, resale ~r or any of its agents, contractors, with the Loan or the Project, the ~ental or otherwise, occupancy, use, possession, conduct or management of work don design, acquisition, installation or construction of, ti' (iii) any lien or charge upon payments b! the Bondowner Representative hereunder, or any 1 ad valorem taxes and sales taxes), assessmer imposed on the Authority or the Bondowner Repre the Project; in or about, or from the planning, Project or any part thereof; :he Borrower to the Authority and/or axes (including, without limitation, all ts, impositions and other charges mntative in respect of any portion of (iv) any violation of any environmental w, rule or regulation with respect to, or the release of any toxic substance from, the Pr( ~ct or any part thereof; / (v) the defeasance and/or redemption, whole or in part, of the Bonds; (vi) any untrue statement or mislea lng statement or alleged untrue statement or alleged misleading statement of a material fact by the Borrower contained in any closing certificate, offering statement or 1disclosure or continuing disclosure document for the Bonds or any of the documents relating to the Bonds to which the Borrower is a party, or any omission or alleged omission from any offering statement or disclosure or continuing disclosure document folr the Bonds of any material fact necessary to be stated thereto m order to make the statements made thereto by the Borrower, in the light of the circumstances under which they were made, not misleading; and (vii) any declaration of taxability of inter ;st on the Bonds, or allegations (or regulatory inquiry) that interest on the Bonds is taxa hie, for federal tax purposes; except in the case of the foregoing indemnification of the I]ondowner Representative or any its officers, members, directors, officials, employees, attorn,;ys and agents, to the extent such damages are caused solely and directly by the gross neg igence or willful misconduct of such Indemnified Party; and provided that this Section 6.7(a) is not intended to give rise to a right of the Authority or the Bondowner Representative to claimI: ayment of the principal and accrued interest with respect to the Loan as a result of an indemnif:i ;d third party claim. In the event that any action or proceeding is brought against any Inder~nified Party with respect to which indemnity may be sought hereunder, the Borrower, upon written notice from the Indemnified Party, shall assume the investigation and defense thereof, including the employment of counsel selected by the Indemnified Party, and shall assume the payment of all expenses related thereto, with full power to litigate, compromise or settle theI same in its sole discretion; provided that the Indemnified Party shall have the right to review a, nd approve or disapprove any such compromise or settlement. Each Indemnified Party shall; have the right to employ separate counsel in any such action or proceeding and participaie in the investigation and defense thereof, and the Borrower shall pay the reasonable fee~s and expenses of such separate counsel; provided, however, that such Indemnified Party re, ay only employ separate counsel at the expense of the Borrower if in the judgment of such Indemnified Party a conflict of interest exists by reason of common representation or if all parties commonly represented do not agree as to the action (or inaction) of counsel. N twth t d f h P h d th th o i san lng any transer of t e roject to anent er owner in accor ance wi e provisions of this Loan Agreement, the Borrower shall ~emain obligated to indemnify each Indemmfled Party pursuant to th~s Secbon ~f such subsequent owner fads to ~ndemmfy any party entitled to be indemnified hereunder, unless such Indem transfer and to the assignment of the rights and obligations -20- nified Party has consented to such of the Borrower hereunder. (b) The rights of any persons to indemnity hen ~under and rights to payment of fees and reimbursement of expenses pursuant to Sections 5.1 and 7.4 hereof shall survive the final payment or defeasance of the Bonds and in the case ol the Bondowner Representative any resignation or removal. The provisions of this Section sha survive the termination of this Loan Agreement. Section 6 8 Reportin Re uirements The B ' ~e pre sq; ,~ur['~o~t ry ~fille ~uelei;~;~ Orby theCauSeAuthority,t° be delivered, to the ~'ndowner ntative a~d to the each of the follow ng, which shall be in form and d~tail acceptable to the Bondowner Representative: as available and in an ' ' (a) as soon ~vr~heinnt sl 5o? t~y ~ oa~oe~et hr ew~t ~ dt hOef each fiscal year of the Borrower, a~dited fina~Yciae~'~s~t unqualified opinion of independent certified public a~countants selected by the Borrower and acceptable to the Bondowner Representative which annual financial statements shall include the balance sheet of the Borrower as ~ related statements of income, retained earnings ar fiscal year then ended, all in reasonable detail generally accepted accounting principles applied or ~t the end of such fiscal year and the d cash flows of the Borrower for the and prepared in accordance with a consistent basis, together with (i) a report signed by such accountants stating that in making the investigations necessary for said opinion they obtained no knowledge, e~cept as specifically stated of any Default or Event of Default hereunder and all relevant facts in reasonable detail to evidence, and the computations as to, whether or n~t the Borrower is in compliance with the requirements set forth in Sections 6.18 through16.20 hereof and (ii) a certificate of the chief financial officer of the Borrower in the formlof Exhibit M hereto stat ng that such financial statements have been prepared in accordance with generally accepted accounting principles applied on a consistent basis and whether or not such officer has knowledge of the occurrence of any Default or Ev ;nt of Default hereunder and, if so, stating in reasonable detail the facts with respect th( reto; (b) immediately after the commencem(nt thereof, notice in writing of litigation and of all proceedings before any governrr ental or regulatory agency affecting the Borrower of the type described in Section 2.2(g hereof or which seek an uninsured monetary recovery against the Borrower in excess o~ $1,000,000; / (c) as promptly as practicable (but in an~ event not later than five Business Days) after an officer of the Borrower obtains knowledge of the occurrence of any event that constitutes a Default or an Event of Default he 'eunder, notice of such occurrence, together with a detailed statement by a responsible being taken by the Borrower to cure the effect of sue (d) promptly upon knowledge thereof destruction of or material damage to any Property any Property; (e) promptly upon knowledge thereof, n~ of any law, rule or regulation material to the Prop adverse effect on the financial or operating condition officer of the Borrower of the steps h Default or Event of Default; notice of any material loss or · of any material adverse change in ice of any violation by the Borrower ;rty or that would have a material of the Borrower; and (f) promptly upon knowledge thereof, notice of in the financial or operating condition of the Borrower -21- any material adverse change Section 6.9. Books and Records; Inspection and Examination. The Borrower will keep accurate books of record and account for itself pertaining lo the Property and pertaining to the Borrower's business and financial condition and such/other matters as the Bondowner Representative may from time to time request in which true and complete entries will be made in accordance with generally accepted accounting princi~)les consistently applied and, upon request of the Bondowner Representative or the Authorit),, will permit any officer, employee, attorney or accountant for the Bondowner Representativ]e or the Authority to audit, review, make extracts from, or copy any and all corporate and financial books, records and properties of the Borrower at all reasonable times during ordinary ~3usiness hours, and to discuss the affairs of the Borrower with any of its directors, officers, employees or agents. The Borrower will permit the Bondowner Representative or the Authority,, or their employees, accountants, attorneys or agents, to examine and copy any or all of its ~records and to examine and inspect the Property at any reasonable time during t. he Borrower's business hours. Section 6.10. Compliance With Laws. The Borrower will (a) comply with the requirements of applicable laws and regulations, the noncc and adversely affect its business or its financial condition and will require that others use and keep the Propert) violation of any federal, state or local law, statute or ordin permits and licenses, if any, necessary for the installation Borrower shall comply in all respects (including, without maintenance and operation of each item of the Propert! which its operations involving any component of Propert. executive, administrative or judicial body exercising any the Property or its interest or rights under this Agreement. Section 6.11. Environmental Compliance. In 'npliance with which would materially and (b) use and keep the Property, , only for lawful purposes, without race. The Borrower shall secure all and operation of the Property. The limitation, with respect to the use, with all laws of the jurisdictions in may extend and of any legislative, ,wer or jurisdiction over the items of the event that the Bondowner Representative at any time reasonably believes that the I~roperty is not free of all Hazardous Waste or Materials or that the Borrower has violated any applicable Environmenta Laws wth respect to the Property, then immediately, upon request byIthe Bondowner Representative, the Borrower shall obtain and furnish to the Bondowner Representative, at the Borrower's sole cost and expense, an environmental audit and inspection of the IProperty from an expert satisfactory to the Bondowner Representative. In the event that the Borrower fails to immediately obtain such audit or inspection, the Bondowner Representative ~r its agents may perform or obtain such audit or inspection at the Borrower's sole cost and ~xpense. If the auditor's inspection contains any recommendations relating to hazardous wast~ or hazardous materials on or under the Property, the Borrower shall comply with such recommendations. If the Borrower fails to comply with such recommendations within a reasonabl~ period of time, the Bondowner Representative may, but is not obligated to, enter upon theJProperty and take such actions and incur such costs and expenses to effect such compliance ~as it deems advisable to protect its interest in the Property; and whether or not the Borrower has actual knowledge of the existence of hazardous waste or materials on the Property or any adjacent property as of the date hereof, the Borrower shall reimburse the Bondowner Represents[ive as provided herein for the full amount of all costs and expenses incurred by the Bon( Bondowner Representative acquiring title to the Property ti a deed in lieu of foreclosure, in connection with such provision nor any provision herein or in the Deed of Trust, t shall operate to put the Bondowner Representative in the prior to any acquisition of the Property by the Bondowner Iowner Representative prior to the ~rough foreclosure or acceptance of ;ompliance activities. Neither this ~e Assignment or related documents ~osition of an owner of the Property ;presentative. The rights granted to the Bondowner Representative herein and in the Deed f Trust, the Assignment or related documents are granted solely for the protection of the Bondowner Representative's lien and security interest covering the Property and do not grant to -22- the Bondowner Representative the right to control the Borrower's actions, decisions or poll Materials. Section 6.12. Payment of Taxes and Other Claim when due, (a) all taxes, assessments and governmental, upon its income or profits, upon any properties belonging Property) or upon or against the creation, perfection or :ies regarding Hazardous Waste or The Borrower will pay or discharge, ;harges levied or imposed upon it or to it (including, without limitation, the continuance of the security interest created pursuant to this Agreement, prior to the date on ~hich penalties attach thereto, (b) all federal, state and local taxes required to be withheld by t, and (c) all lawful claims for labor, materials and supplies which, if unpaid, m~ght by law become a lien or charge upon any properties of the Borrower; provided, that the Borrower sl~all not be required to pay any such tax, assessment, charge or claim whose amount, applical~ility or validity is being contested in good faith by appropriate proceedings. Section 6.13. [intentionally omitted] Section 6.14. Insurance. (a) The Borrower shall oblain and maintain the following types of insurance upon and relating to the Property: / (i) "All Risk" property and fire insurance (with extended coverage endorsement including malicious mischief and van~lalism) in an amount not less than the full replacement value of the Property (with a d ;ductible not to exceed $50,000 and with co-insurance limited to a maximum of 10% of t Bondowner Representative under a lender's loss p equivalent) and including agreed amount, inflation of subrogation endorsements; )e amount of the policy), naming the ~yee endorsement (form 438BFU or ~uard, replacement cost and waiver (ii) Comprehensive general liability insL rance in an amount not less than $2,000,000.00 insuring against personal injury, deat~ and property the Bondowner Representative as additional insuredF damage and naming / (iii) Business interruption insurance covenng' oss of rental or other ncome (including all expenses payable by tenants) for up to twelve (12) months; and (iv) Earthquake insurance for an amount of $2,500,000 in form and an amount acceptable to the Bondowner Representativ (b) Upon each request of the Bondowner ReprE representation by the Bondowner Representative to the eft is reasonably necessary to increase or alter the respective similar assets in the area in which the Property is locate coverages under any of the insurance policies require. sentative and based upon a written .~ct that the increase or modification insurance to what is customary for d, the Borrower shall increase the to be maintained hereunder or otherwise modify such policies in accordance with the Bond )wrier Representative's request· All of the insurance policies required hereunder shall be issue by corporate insurers censed to do business in the state in which the Property is located a~d rated A:X or better by A.M. Best Company, and shall be in form acceptable to the Bondov~ner Representative. If and to the extent that the Property is located within an area that has identified as an area having special flood hazards by the Development or such other official as shall from time to tin law to make such designation pursuant to any national or sl Borrower shall carry flood insurance with respect to the Pn maximum limit of coverage then available with respect to been or is hereafter designated or Department of Housing and Urban e be authorized by federal or state ate program of flood insurance, the ~perty in amounts not less than the the Property or the amount of the Bond, whichever is less. Certificates of all insurance require -23- ~d to be maintained hereunder shall be delivered to the Bondowner Representative, along wi~h evidence of payment in full of all premiums required thereunder, contemporaneously witl1 the Borrower's execution of this Agreement. All such certificates shall be in form acceptable to the Bondowner Representative and ,shall require the insurance company to give to the Bondowner Representative at least 30 days prior written notice before canceling the policy for a~y reason or materially amending it. Certificates evidencing all renewal and substitute policies (~f insurance shall be delivered to the Bondowner Representative, along with evidence of the payment in full of all premiums required thereunder, at least 15 days before termination of the poli(~ies being renewed or substituted. If any loss to the Property shall occur at any time whe~ the Borrower shall be in default hereunder, the Bondowner Representative shall be entitled to the benefit of all insurance policies held or maintained by the Borrower covering th~ Property, to the same extent as if same had been made payable to the BondownerlRepresentative. the Bondowner Represe_n, tative shall have the right, but not the obligation, to make premium payments, at the Borrowers expense, to prevent any cancellation of any ?tlicy of insurance maintained by the Borrower on the Property, and such payments sha be .accepted by the insurer to prevent same. (c) As among the Bondowner Representative, the Borrower and the Authority the Borrower assumes all risks and liabilities from any cause ~vhatsoever, whether or not covered by insurance, for loss or damage to any portion of the Pro@erty and for injury to or death of any person or damage to any property, whether such injury o~ death be with respect to agents or employees of the Borrower or of third parties, and whether such property damage be to the Borrower's property or the property of others. Whethe~ or not covered by insurance, the Borrower hereby assumes responsibility for and agrees to reimburse the Bondowner Representative and the Authority for and will indemnifyt defend and hold the Bondowner Representative and the Authority harmless from and agaipst all liabilities, obligations I,osses, damages, penalties, claims, actions, costs and expenses (i~cluding reasonable attorneys fees) of whatsoever kind and nature, imposed on, incurred by Er asserted against the Bondowner Representative or the Authority that in any way relate to or arise out of this Agreement, the transactions contemplated hereby and the Property (except to the extent the same are caused solely and directly by the negligence or willful misconduct of the Bondowner Representative or the Authority), including but not limited to, (i) the ownersl~ip of the Property, (ii) the delivery, lease, possession, maintenance, use, condition, return or operation of the Property, (iii) the condition of the Property sold or otherwise disposed of after possession by the Borrower, (iv) any patent or copyright infringement, (v) the conduct of ti and agents, (vi) a breach of the Borrower of any of its cov (vii) any claim, loss, cost or expense involving alleged da~ the Property, including, but not limited to investigation, re All amounts payable by the Borrower pursuant to the immE paid immediately upon demand of the Authority or the Bon may be. This provision shall survive the termination of this, Section 6.15. Preservation of Corporate Existence maintain its corporate existence and all of its rights, priv desirable in the normal conduct of its business at the Prope an orderly, efficient and regular manner. Section 6.16. Performance by the Bondowner Rep time fails to perform or observe any of the covenant= Agreement, in the Deed of Trust or any other related ~ continue for a period of 30 calendar days after the B( Borrower written notice thereof (or in the case of the agr and 6.14 hereof, immediately upon the occurrence of such ~e Borrower, its officers, employees .~nants or obligations hereunder and nage to the environment relating to ~oval, cleanup and remedial costs. ,diately preceding sentence shall be Jowner Representative, as the case \greement. The Borrower will preserve and leges and franchises necessary or ly; and shall conduct its business in 'esentative. If the Borrower at any or agreements contained in this ocument, and if such failure shall 3downer Representative gives the ements contained in Sections 6.13 failure, without notice or lapse of -24- time), the Bondowner Representative may, but need not, I: behalf and in the name, place and stead of the Representative's option, in the Bondowner Representative' any and all other actions which the Bondowner Rel: dorm or observe such covenant on Borrower (or, at the Bondowner name) and may, but need not, take resentative may reasonably deem necessary to cure or correct such failure (including, withou limitation, the payment of taxes, the satisfaction of security interests, liens or encumbrances, th~ performance of obligations owed to account debtors or other obligors, the procurement and maintenance of insurance, the execution of assignments, security agreements and financing statements, and the endorsement of instruments). The Borrower shall thereupon pay to the Bondowner Representative on demand the amount of all moneys expended and all costs and expenses (including reasonable attorneys' fees and legal expenses) incurred by the Bond0wner Representative in connection with or as a result of the performance or observance of such agreements or the taking of such action by the Bondowner Representative, together w~th ~nterest thereon from the date expended per rate or incurred at the lesser of 15% annum or the highes! permitted by law. To facilitate the performance or observance by the Bondowner Representative of such covenants of the Borrower, the Borrower hereby irrevocably appoints the delegate of the Bondowner Representative, acting alone, ~ with the right (but not the duty) from time to time to create endorse or file in the name ;~nd on behalf of the Borrower assignments, security agreements, financing statements, agreements and writings required to be obtained, exec~ Borrower under this Agreement. Section 6.17. Limitations of Liability. In no even contract, warranty, tort (including negligence or strict liabili Bondowner Representative, its assignees, if any, or the consequential, incidental, punitive or penal damages, inclu or revenue, loss of use of the Premises or any associa Bondowner Representative, or the s the attorney in fact of the Borrower prepare, complete, execute, deliver, any and all instruments, documents, ~pplications for insurance and other ~ted, delivered or endorsed by the , whether as a result of breach of :y), indemnity or otherwise, shall the Authority be liable for any special, ~ing, but not limited to, loss of profit ed equipment, service materials or software, damage to associated equipment, service mater als or software, cost of capital, cost of substitute property, service materials or software, facilities, services or replacement power or downtime costs. Section 6.18. Ratio of Debt to Tangible Net Wort~. The Borrower will maintain at all times its ratio of Debt (as,defined below) to Tangible Net Vy. orth (as defined below) at not more than 1.35 to 1.00. "Debt shall mean (i) all indebtedness ifor borrowed money, determined in accordance with generally accepted accounting prir,ciples, and (ii) guaranties and endorsements (other than for purposes of collection in the Borrower of indebtedness for borrowed money of others worth less intangibles, determined in accordance with gene after deducting adequate reserves in each case where, in accounting principles, a reserve is proper; provided, howe into account on the basis of the cost (determined on a first value, whichever is lower, (ii) in no event shall there b~ patents, trademarks, trade names, copyrights, licenses,, receivables from, directors, officers, employees or affili' ordinary course of business) by the "Tangible Net Worth" means net rally accepted accounting principles, accordance with generally accepted /er, that (i) inventory shall be taken -in, first-out basis) or current market included as such tangible assets ood will, advances or loans to, or tes, prepaid or intangible assets, amounts relating to covenants not to compete, pensions assets, deferred charges or treasury stock or any securities or Debt of the Borrower or any olher securities unless the same are readily marketable in the United States of America or entitled to be used as a credit against federal income tax liabilities, (iii) securities included as suc account at their current market price or cost, whichever is book value of any assets shall not be taken into account. -25- ~ tangible assets shall be taken into lower, and (iv) any write-up in the Section 6.19. Current Assets to Current Liabilities I~atio. The Borrower will maintain for each fiscal year its Current Assets to Current Liabilities Ratio (as defined below) at not less than 1.00 to 1.00. "Current Assets to Current Liabilities Ratio" ~eans the ratio of (i) the Borrower's Current Assets (as defined below) to (ii) the Borrower's Current Liabilities (as defined below). Current Assets of the Borrower means, with respect to the apphcable period of determ~nabon, the Borrower's current assets determined in accordance with generally accepted accounting principles. Current LiabTt'es" of the Borrower means, with respect to the applicable period of determination, the Borrower's current liabilities determined in accordance with generally accepted accounting principles. Section 6.20. Tangible Net Worth. The Borrower /ill maintain at the end of each fiscal year its Tangible Net Worth (as defined above) at not leds than $40,000,000. The minimum Tangible Net,Worth requirement set forth in this Section sl~all be increased annually by 20% of the Borrower s net income for such fiscal year beginning or~ October 1, 2002. / Section 6.21. [intentionally omitted] / / Section 6.22. Lien. The Borrower will not create, i~tcur or suffer to exist any mortgage, deed of trust, pledge, lien, security interest, assignmenl Property except for the security interest created pursua created pursuant to the Deed of Trust and the Permitted Section 6.23. Sale of Assets. The Borrower will otherwise dispose of any of the Property or any interest the a series of transactions), unless otherwise allowed pursua Trust. Section 6.24. Consolidation and Merger. The B, or transfer upon or of any of the it to this Agreement and the liens ceptions. not sell, lease, assign, transfer or 'ein (whether in one transaction or in nt to this Agreement or the Deed of )rrower will not consolidate with or merge into any person, or permit any other person to merge into it or acquire (in a transaction analogous in purpose or effect to a consolidation or merge~) all or substantially all of the assets of any other person or sell all or substantially all of its asset~, unless: / (a) the Borrower shall be the surviving corporation, or the successor or transferee corporation ("Successor") shall be a corporation organized under the laws of the United State of America or a state thereof or th~District of Columbia; / (b) the Successor, if any, expressly a~sumes in writing delivered to the Authority, the Bondholder and the Bondholder Representative all of the duties and obligations of the Borrower under this Agreement ~ccording to their tenor and the due and punctual performance and observance of al Agreement to be performed by Successor, and th~ Bondholder Representative have received a leg~ acceptable to Bondholder, to the effect that this binding obligation of Successor enforceable in accol covenants and conditions of this Authority, the Bondholder and the opinion, in form and substance Agreement is the legal, valid and :lance with its terms; (c) the Authority, the Bondholder and received an opinion of Bond Counsel, in form Bondholder, to the effect that under then existin~ merger, consolidation or sale would not cause th( includable in gross income under the Code or Agreement or the Bonds; -26- e Bondholder Representative have '~nd substance acceptable to the laws the consummation of such interest on the Bonds to become tversely affect the validity of this hereof and have a net worth of at least equal to that of the Borrower prior to such merger, consolidation, purchase or sale; and ~ (e) immediately after such merger, c~nsolidation, purchase or sale, no Default or Event of Default exists under this Agreement. / Section 6.25. Account nq The Borrower will n~t adopt, permit or consent to any material change in accounting principles other than ~s required by generally accepted accounting principles. The Borrower will not adopt, permit ~r consent to any change in its fiscal year. Section 6.26. [intentionally omitted] Section 6.27. [intentionally omitted] Section 6.28. Place of Business. The Borrower Will not permit any of the Property or any records pertaining to the Property to be located in any ~tate or area in which, in the event of such location, a financing statement covering such Prope not in fact been, filed in order to perfect the securi Agreement. Section 6.29. Modifications and Substitutions. material alterations, modifications or additions to the Prop ty would be required to be, but has interest created pursuant to this the Borrower will not make any which cannot be removed without materially damaging the functional capabilities or economic', value of the Property. Upon return of the Property to the Bondowner Representative and lat the request of the Bondowner Representative, the Borrower, at its sole cost and expense, will remove all alterations, modifications and additions and repair the Property as necessary to return the Property to the condition in which it was furnished, ordinary wear ancJ tear and permitted modifications excepted. ~ (b) Notwithstanding the provisions of subparagraph (a) of this section the Borrower may, with the prior written consent of the Bondowner Representative substitute for parts elements, port ons or all of the Property, other parts, elemehts, portions, equipment or facilities; provided, however, that any substitutions made pursuant tq the Borrower's obligations to make repairs referenced under any provision of this Agreementlshall not require such prior written consent. The Borrower shall provide such documents Or assurances as the Bondowner Representative may reasonably request to maintain or confirm the security interest assigned to the Bondowner Representative in the Property as so modified or substituted. / Section 6.30. Use of Property. Unless required by applicable law or unless the Bondowner Representative has otherwise agreed in writing, the Borrower shall not allow material changes in the use for which all or any material p~art of the Property was intended at the time this Agreement was executed. The Borrowerlshall not, without the Bondowner Representative's prior written consent, (a) initiate or acquiesce in a change in the zoning classification (including any variance under any existing zoning ordinance applicable to the Property), (b) permit the use of the Property to become a hen-conforming use under applicable zoning ordinances, (c) file any subdivision or parcel map affecting the Property or (d) amend, mod fy or consent to any easement or covenants, conditions and restrictions pertaining to the Property. -27- Section 6.31. Damaqe and Destruction. The Borr~wer shall provide a complete written report to the Bondowner Representative (and shall provi~le the Authority with a copy of such report) immediately upon any loss, theft, damage or destruction of any Property in excess of $100,000. If all or any part in excess of $100,000 of the property is lost, stolen destroyed or damaged beyond repair ("Damaged Property ), the Borrower shall as soon as practicable after such event either: (a) replace the same at the Borrower's ~sole cost and expense with property having substantially similar specifications and of equal or greater value to the Damaged Property immediately prior to the time of the loss occurrer subject to the Bondowner Representative's approval, wh shall be substituted in this Agreement and the other applicable Damaged Prepayment Amount of the Damage( the Bondowner Representative of which course of action ce, such replacement property to be 9reupon such replacement property 'elated documents; or (b) pay the I Property. The Borrower shall notify it will take within 30 calendar days after the loss occurrence. If, within 60 calendar days of tile loss occurrence, (a) the Borrower fails to notify the Bondowner Representative that the replacement property has been obtained; or (b) the Borrower fails to pay the applicable Damaged Prepayment Amount, then the Bondowner Representative may, at its sole discretion, declare the applicable Damaged Prepayment Amount to be immediately due and payable, and the Borrower is required to pay the same. The Net Proceeds of insurance with respect to available by the Bondowner Representative to be applied under this Section. The payment of the Damaged Prepay the Bondowner Representative's interest in the Damaged Section 2.07 hereof. For purposes of this Section the ' amount rema n ng from the gross proceeds of any insuran (including reasonable attorneys' fees) incurred in the collec Section 6.32. Condemnation. If the Property, or an shall be condemned for any reason, including without limi otherwise taken for public or quasi-public use under th( transferred in lieu thereof, all damages or other amounts a~ such Property shall be paid to the Bondowner Represent~ sole and absolute discretion, to apply the amounts so expenses of the Bondowner Representative, including att with collection of such amounts, and (b) the balance ~e Damaged Property shall be made , discharge the Borrower's obligation ~nent Amount and the termination of Property is subject to the terms of ;rm "Net Proceeds" shall mean the e claim after deducting all expenses ion of such claim. r part thereof in excess of $100,000, ~tion fire or earthquake damage, or power of eminent domain, or be yarded for the taking of, or injury to, ~tive who shall have the right, in its eceived against (a) the costs and )rneys' fees incurred in connection ~gainst the obligations hereunder; provided, however, that if (i) no Event of Default shall have occurred and be continuing hereunder, (ii) the Borrower provides evidence satisfactory , the Bondowner Representative of its ability to pay all amounts becoming due hereunder during the pendency of any restoration or repairs to or replacement of the Property, (iii) the Bondowner Representat ve determines, in its sole discretion, that the proceeds of such a~vard are suffidient to restore, repair, replace and rebuild the Property as nearly as possible to its value, condi ion and character immediately prior to such taking (or, if the proceeds of such award are ir sufficient for such purpose, if the Borrower provides evidence satisfactory to the Bondowner Representative of its ability to pay additional sums so that the aggregate of such sums and he proceeds of such award will be sufficient for such purpose), and (iv) the Borrower pro,~,ides evidence satisfactory to the Bondowner Representative that none of the tenants of the Property will terminate their lease agreements as a result of either the condemnation or takin,c the Property, the proceeds of such award, together witi' Borrower, shall be placed in a separate account fo~ Representative and the Borrower to be used to restore, rep; as nearly as possible to its value, condition and character work to be performed in connection therewith shall be purs~ which contract shall be subject to the prior approval of the extent that any funds remain after the Property has been s shall be applied against the Loan in such order as the Bor -28- or the repairs to or replacement of additional sums provided by the the benefit of the Bondowner ~ir, replace and rebuild the Property ~mediately prior to such taking. All ~ant to a written contract therefore, ~ondowner Representative. To the ~) restored and repaired, the same downer Representative may elect. To enforce its rights hereunder, the Bondowner Represent any condemnation proceedings and to be represented the~ the Borrower will deliver, or cause to be delivered to t instruments as may be requested by it from time to time to Section 6.33. Reporting to the Authority. Within ni~ Borrower's fiscal year, commencing with the Fiscal Ye~ Borrower shall furnish a written report to the Authority, Industrial Development Financing Advisory Commission, part-time employees of the Borrower employed at the f supplying such current information as the Authority shall matters covered in its application for industrial revenu information confidential in nature. Section 6.34. Levels of Employment. So long Borrower covenants that it will: (a) Use its best efforts to comply with th employment made by the Borrower in its applicatic the issuance of the 1994 Bonds, as specifically se1 the Authority, dated the date of the 1994 Bonds, in ' to the Prior Loan Agreement. Performance consis to be fully conditioned upon prevailing regional and (b) Not knowingly employ an alien who the United States. In addition, the Borrower shall Immigration Reform and Control Act of 1986, Section 6.35. Qualification in California. The throughout the term of this Agreement will continue to be State. The Borrower covenants that it will remain subjecl ative shall be entitled to participate in sin by counsel of its own choice, and ~e Bondowner Representative such )ermit such participation. ~ty (90) days following the end of the r ending September 30, 2001, the and upon request, to the California stating the number of full-time and 'roject during such fiscal year, and reasonably request regarding other bonds financing except financial the Bonds are outstanding, the ~ representations regarding levels of n to the Authority in connection with forth in the letter of the Borrower to he form attached hereto as Exhibit E :ent with this covenant is recognized ndustry economic conditions. is not entitled to lawful residence in =omply with the requirements of the 3orrower covenants that it is and duly qualified to do business in the to service of process and personal jurisdiction in the State so long as any principal of, premium, if any, or interest on, the Bonds remains unpaid. The Borrower hereby designates and appoints, without power of revocation, the Secretary of State of the State as the agent of the Bor~rower upon whom may be served all process, pleadings, notices or other papers which may be Served upon the Borrower as a result of any of the Borrower's obligations under this Agreem.~nt and the Indenture, and hereby agrees to be subject to personal jurisdiction in the State. Section 6.36. Tax Exempt Status of the Bonds. (a) It is the intention of the Authority and the Borrower that interest on the Bonds shall be and remain excludable from gross income 3r federal income taxation purposes, and to that end the covenants and agreements of the Borrower in this Section 6.35 are for the benefit of the owners of the Bonds and the A~thoritY. / (b) The Borrower covenants and agrees that it will not knowingly and willingly use or permit the use of any of the funds provided by the Authority hereunder or any other funds of the Borrower, directly or indirectly, in ~uch manner as would, or enter into, or allow any "related person" (as defined in Section 147(a)(2) of the Code) to enter into, any arrangement, formal or informal, for the purch~:se of the Bonds that would, or take or omit to take any other action that would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code "federally guaranteed" within the meaning of Section 149(b) the Code. -29- (c) In the event that at any time the Bor'ower is of the opinion or becomes otherwise aware that for purposes of this Section 6.35 it is necessary to restrict or to limit the yield on the investment of any moneys hehl under the Indenture or otherwise by the Bondowner Representative, the Borrower sh ~11 determine the limitations and so instruct the Bondowner Representative in wdting and cause the Bondowner Representative to comply with those limitations under the Indenture. (d) The Borrower will take such action necessary in the opinion of counsel to the Authori aware, to fully comply with Section 148 of the 0¢ payment of any rebate amount due to the feder; 148(0 of the Code, as applicable to the Bonds. or actions as may be reasonably :y, or of which it otherwise becomes de. The Borrower will make timely government by reason of Section (e) The Borrower further agrees that it shall ,~ot discriminate on the basis of race, creed, color, sex, sexual preference, source of Income (e.g. AFDC, SSI), physical disability, national origin or marital status in the lea!se, use or occupancy of the Project or in connection with the employment or application for employment of persons for the operation and management of the Project, to the eytent required by applicable State or federal law. / (f) The Borrower further warrants and covenants that it has not executed and will not execute any other agreement, or any amendment or supplement to any other agreement, with provisions contradictory to, or in~pposition to, the provisions, of this Loan Agreement and of the other Loan Documents, and that in any event, the requirements of this Loan Agreement are paramoun~ and controlling as to the rights and obligations herein set forth and supersede any ott'er requirements in conflict herewith and therewith. (g) The Borrower shall not purchase, and sh guarantor of the Borrower from purchasing, purs informal, any Bonds. ~11 use its best efforts to prevent any Jant to an arrangement, formal or (h) The Borrower hereby represents and ~arrants that, within the meaning of Section 147(a)(14) of the Code, the average maturity, of the Bonds does not exceed 120 percent of the average reasonably expected remaining economic life of the facilities being financed with the proceeds of the 1994 Bonds (i) The Borrower represents and warrants th Loan will be, and no portion of the proceeds of the h Prior Loan Agreement were, used to provide any air. box, health club facility, facility primarily used fc business of which is the sale of alcoholic beverage., no portion of the proceeds of the Loan shall be use( located on the premises of the facilities constituting de minimus amount of the functions to be performe, day-to-day operations of the Project. (j) The Borrower hereby represents that, compliance with all of the representations, warranti set forth in Section 5.06 of the Prior Loan Agr, "Representations of Issuer and Borrower with Respe. -30- ~t no portion of the proceeds of the ~an made to the Borrower under the )lane, skybox or other private luxury r gambling, or store the principal for consumption off premises, and I for an office unless (i) the office is lhe Project and (ii) not more than a at such office is not related to the of the Closing Date, it was in .~s and covenants, of the Borrower ;ement (which Section is entitled · 't to Federal Income Tax Matters"). ARTICLE VII EVENTS OF DEFAULT AND REMEDIES / Section 7.1. Events of Default. Each of the following shall be an "Event of Default": (a) failure by the Borrower to pay to the Bon]downer Representative, as assignee of the Authority, when due any Loan Payment or t(~ pay any other payment required to be paid hereunder and the continuation of such ailure for a period of 10 days after telephonic or written notice from the Bondowner Re (b) failure by the Borrower to maintain insL with Section 6.14 hereof; (c) failure by the Borrower to comply with ti 6.20, 6.22, 6.23 or 6.24 hereof; 3resentative; 'ance on the Property in accordance provisions of Sections 6.18, 6.19, (d) failure by the Borrower to observe and .~rform any other covenant, condition or agreement contained herein in the Deed ofI Trust, in the Assignment in the Environmental Indemnity Agreement, in the Tax certificate or in any other document or agreement executed in connection herewith on its I~art to be observed or performed for a period of 30 days after written notice is given to ~he Borrower specifying such failure and directing that it be remedied; provided, howe~ er, that, if the failure stated in such notice cannot be corrected within such 30-day pe may, and will not unreasonably withhold its, cons corrective action is instituted by the Borrower withi~ pursued until the default is corrected; (e) failure by the Authority to observe and 'iod, the Bondowner Representative ~nt to an extension of such time if the applicable period and diligently perform any covenant, condition or agreement contained in any of the Issuer Docurrents (as defined in Section 2.1(a)) which failure by the Authority adversely affects the validity or enforcement of the Issuer Documents and such failure continues for a perio¢ of 30 days after written notice is given to the Authority (with a copy to the Borrower) ispecifying such failure and directing that it be remedied; provided, however, that if the failure stated in such notice cannot be corrected within such 30-day period, the Bondown unreasonably withhold its, consent to an extensior instituted by the Authority or the Borrower within pursued until the default is corrected; .~r Representative may, and will not of such time if corrective action is [he applicable period and diligently (f) The Borrower shall be or become insolw,nt, or admit in writing its inability to pay its debts as they mature, or make an assignmept for the benefit of creditors; or the Borrower shall apply for or consent to the appointment of any receiver, trustee or similar officer for it or for all or any substantial part of its pioperty; or such receiver, trustee or similar officer shall be appointed without the application or consent of the Borrower; or the Borrower institutes (by petition, application, ~nswer, consent or otherwise) any bankruptcy, insolvency, reorganization, arrangemer liquidation or similar proceeding relating to it under such proceeding shall be instituted (by petition, al Borrower and not dismissed within 60 days; or any j~ or execution or similar process shall be issued or le' property of the Borrower; -31- t, readjustment of debt, dissolution, the laws of any jurisdiction; or any )plication or otherwise) against the ~dgment, writ, warrant of attachment ,ied against a substantial part of the (g) determination by the Bondowner Repr~ warranty made by the Borrower or the Authority in document executed in connection herewith was made; (h) an Event of Taxability shall occur; (i) an amendment or termination relating to any of the Property is improperly filed other than Bondowner Representative; (j) ownership of the stock of the Borrower Loan is outstanding other than for estate plann acknowledges that the Bondowner Representative the transactions contemplated hereby based upo current stockholders and their ownership of the stol (k) the occurrence of an event of default uno Section 7.2. Remedies on Default. Whenever any ~ the Bondowner Representative, as assignee of the Auth( ,sentative that any representation or the Loan Documents or in any other ~ntrue in any material respect when ~ filed financing statement describing hose executed or authorized by the changes during the period that the ng purposes (the Borrower hereby has made its decision to enter into the management expertise of the of the Borrower); r the Deed of Trust; -'vent of Default shall have occurred, rity, shall have the right, at its sole option without any further demand or notice, to take any on 9 or any combination of the following remedial steps which are accorded to the Bondowner Representative as assignee of Authority, by applicable law: / / la) by notice to the Authority and the BOrrower declare the entire unpaid principal amount of the Loan then outstanding, all ihterest accrued and unpaid thereon and all amounts payable under this Agreement Ito be forthwith due and payable, whereupon the Loan, all such accrued interest an( all such amounts shall become and be forthwith due and payable, without presentment notice of dishonor, protest or further notice of any kind, all of which are hereby expressl waived by the Borrower; (b) exercise all rights and remedies under the Assignment; and lc) take Whatever action at law or in eq desirable to enforce its rights with respect to the Pr( ~e Deed of Trust, the Indenture and ity that may appear necessary or 3erty. Notwithstanding any other remedy exercised he~ ;under, the Borrower shall remain obligated to pay to the Bondowner Representative an unpaid portion of the Prepayment Amount. Section 7.3. No Remedy Exclusive. No remedy here n conferred upon or reserved to the Bondowner Representative or the Authority is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to egery other remedy g ven under this Agreement or now or hereafter existing at law or in equity No delay or omission to exercise any right or power accruing upon any Event of Defau t shall impair any such right or power or shall be construed to be a waiver thereof, but any such ri,c ht or power may be exercised from time to time and as often as may be deemed expedient. Representative or the Authority to exercise any remedy res be necessary to give any notice other than such notice as remedies herein conferred upon or reserved to the Bondo~ shall survive the termination of this Agreement. -32- In order to entitle the Bondowner erved to it in this Article, it shall not may be required by this Article. All ner Representative or the Authority Section 7.4. Attorneys' Fees. In any lawsuit, refe'ence or arbitration arising out of or relating to this Agreement, the Loan Documents or the Loan, including any alleged tort action, regardless of which party commences the action, the prey from each other party such sums as the court, referee or attorneys' fees in the action, reference or proceeding, otherwise allowed by law. Any attorneys' fees incurred b,. in its favor under this Agreement will be recoverable se other amount included in the judgment, and the attorne severable from the other provisions of this Agreement an any judgment. In all other situations, including any bankru proceeding, in or out of court, for the adjustment of debto agrees to pay all of the Bondowner Representative's and including attorneys' fees, that may be incurred in any effort part of it or any term of any Loan Document. Attorneys' services of in-house counsel. -33- ailing party will be entitled to recover arbitrator adjudges to be reasonable in addition to costs and expenses either party in enforcing a judgment ~arately from and in addition to any s' fees obligation is intended to be J to survive and not be merged into 9tcy or other voluntary or involuntary '-creditor relationships, the Borrower the Authority's costs and expenses, to collect or enforce the Loan or any fees include the allocated costs for ARTICLE VIII MISCELLANEOUS Section 8.1. Entire Agreement. This Loan Agreem,~nt, the Deed of Trust, and the other Loan Documents constitute the entire agreement and ~upersede all prior agreements and understandings, both written and oral, between the Authority and the Borrower with respect to the subject matter hereof. Section 8.2. Notices. All notices, certificates requests demands and other communicat ons prov d~'~ ~ hereunder shall be in writing ~nd shall be (a) personally delivered, (b) sent by first class United States mail, (c) sent by overt ight courier of national reputation, or (d) transmitted by telecopy, in each case addressed to the at its address as set forth in Section 11.06 of the Indent~ that party at its telecopier number set forth in Section 1' party, at such other address or telecopier number as m; party in a written notice to the other party complying a Section. All such notices, requests, demands and other party to whom notice is being given ~re and, if telecopied, transmitted to .08 of the Indenture or, as to each ~y hereafter be designated by such to delivery with the terms of this ;ommunications shall be deemed to have been given on (a) the date received if personally de ivered, (b) 3 days after deposited in the mail if delivered by mail, (c) the date sent if sent by overnight courier, or (d) the date of transmission if delivered by telecopy. If notice to Borrower of any intended disposition of the Property or any other intended action is required by law in a particular instance, such notice shall be deemed commercially reasonable if given (in the manner specified in this Section) at least ten (10) calendar days prior to the date of intended dj,, )osition or other action. Section 8.3. Assi,qnments. This Loan Agreement without the prior written consent of the other and the pric Representative, except that the Authority shall assign its pursuant to the Indenture. Hay not be assigned by any party r written consent of the Bondowner rights under this Loan Agreement Section 8.4. Severability. If any provision of this Loan Agreement shall be held or deemed to be or shall, in fact, be illegal, inoperative or uner~forceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative, or unenforceable to any extent whatever. Section 8.5. Execution of Counterparts. This Lot several counterparts, each of which shall be an original anc and the same instrument. Section 8.6. Amendments, Chan,qes and Modificatio this Loan Agreement, subsequent to the issuance of the Bo (or provision for payment thereof having been made in ac n Agreement may be executed in all of which shall constitute but one is. Except as otherwise provided in ~ds and prior to their payment in full ;ordance with the provisions of the Indenture), this Loan Agreement may not be effectively amEnded, changed, modified, altered or terminated without the written consent of the parties hereto ~nd the Bondowner Representative. Section 87 Governin- Law This Loan A r ' ' · · ,q · g eemeq~ snail be governed exclusively by construed in accordance with the applicable laws of theI State applicable to contracts made and performed in such State. ~ and Section 8.8. Term of Agreement. This Loan Agreement shall be in full force and effect from the date hereof until such time as the Bonds shall hav.~ been fully paid or provision made for such payment and all other obligations of the Borrower I~ereunder have been fully satisfied. Time is of the essence in this Loan Agreement. -34- Section 8.9. Survival of A,qreement. All agreements, representations and warranties made herein shall survive the making of the Loan. Section 8.10. Binding Effect; Third Party Beneficial. This Loan Agreement shall inure to the benefit of and shall 'be binding upon the Authority, the Borrower and their respective successors and assigns. The Bondowner Representative is an intended third party beneficiary of this Loan Agreement. Section 8.11. Further Assurance and Corrective Instruments. The Authority and the Borrower hereby agree that they will, from time to time, e~xecute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such further acts, instruments, conveyances, transfers and assurances, as the Bondown~r Representative reasonably deems necessary or advisable for the implementation, correction,~ confirmation or perfection of any of the Loan Documents and any rights of the Bondowner Replesentative thereunder. / Section 8.12. Usury. It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that, notwithstanding any provisions to the contrary in this Agreement, in no event shall this Agreement require the payment or permit the collection of interest or any amount in the nature of interest or fees in excess of the maximum permitted by applicable law. / Section 8.1.3. Waiver of Jury Tr a THE BONDOWNER REPRESENTATIVE AND THE BORROWER HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT, ANY OF THE LOA~ DOCUMENTS OR ANY OTHER RELATED DOCUMENTS, ANY DEALINGS AMONG THE BONDOWNER REPRESENTATIVE, THE AUTHORITY OR THE BORROWER RELATING TOTHE SUBJECT MATTER OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY RELATED TRANSACTIONS, AND/OR THE RELATIONSHIP THAT IS BEING ESTABLISHED AMONG THE BONDOWNER REPRESENTATIVE, THE AUTHORITY AND THE BORROWER. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL E~COMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT (INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS). THIS WAI THAT IT MAY NOT BE MODIFIED EITHER ORALLY OF; SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, MODIFICATIONS TO THIS AGREEMENT, ANY RELA OTHER DOCUMENTS OR AGREEMENTS RELATI CONTEMPLATED BY THIS AGREEMENT OR ANY REI EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED A TRIAL BY THE COURT. -35- ~/ER IS IRREVOCABLE, MEANING IN WRITING, AND THIS WAIVER RENEWALS, SUPPLEMENTS OR ['ED DOCUMENTS, OR TO ANY NG TO THE TRANSACTIONS .ATED TRANSACTIONS. IN THE AS A WRITTEN CONSENT TO IN WITNESS WHEREOF, the parties hereto hay lxecuted this Loan Agreement, all as of the date first above written. INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF TEMECULA -36- By: Shay TENSION New York By: Its: '~ D. Nelson, Executive Director "-NVELOPE CORPORATION, a orporation, Interest Rate: [ %] Prat. Payment No. Date Exhibit A to Loan Agree SCHEDULE OF LOAN PA~ Total Prin, Payment Compc *After payment of Loan Payment due opposite Prepaymen A~I ment MENTS 3al Interest Prepayment Amount. r~ent Component Amount* Exhibit B to Loan Agree DESCRIPTION OF THE PF The following Project is the subject of the Loan Ag~ between the Industrial Development Authority of the City Corporation. ment :)JECT 9ement dated as of October 1, 2001 of Temecula and Tension Envelope The Project consists of an approxmately 117001p square foot manufacturing plant, including the approximate y 6.8 acre site on which it is situated and the equipment and fixtures therein, all located at 40750 County Center Dr ve, Temec~ia, California, which were financed with the proceeds of the Industrial Development Authority.of the City of Temecula Industrial Development Revenue Bonds (Tension Envelope Corporation Project) issued on August 16, 1994, which bonds are being refunded with the proceeds of the industrial Development Authority of the City of Temecula Industrial Development ~efundJng Revenue Bonds (Tension Envelope Corporation Project), Series 2001A. B-1 Exhibit C to Loan Agree FORM OF OPINION OF COUNSEL~ October 31, 2001 Industrial Development Authority of the City of Temecula 43200 Business Park Drive Temecula, CA 92590 Tension Envelope Corporation 819 East 19th Street Kansas City, MO 64108 GE Capital Public Finance, Inc., as Bondowner Representative and as purchaser of the Bonds Suite 470 8400 Normandale Lake Boulevard Minneapolis, MN 55437 $3,545,000 Industrial Development Authority of the ~ Industrial Development Refunding R, (Tension Envelope Corporation Projec1 Ladies and Gentlemen: We have acted as counsel to Tension Envelope COrl the Loan Agreement, dated as of October 1, 2001 (th( Industrial Development Authority of the City of Temecuh Commercial Deed of Trust, Financing Statement, Security and Rents and Fixture Filing of even date therewith (the Rents and Leases of even date therewith (the "Assignmer Lessor Estoppel Agreement of even date therewith (th( Environmental Indemnity Agreement of even date therev Agreement"), the Certificate as to Arbitrage dated as of Certificate," and, collectively with the Loan Agreement, the Subordination Agreement, and the Environmental Indemnity various related matters and, in this capacity, have reviewed of each of the Agreements. Based upon the examination ¢ as we deem relevant, it is our opinion that: 1. The Borrower has been duly organized and i,~ good standing under the laws of the State of New York with properties and conduct its business. The Borrower is auth State of California. C-1 ment ~0 BORROWER ;ity of Temecula ;venue Bond Series 2001A )ration ("Borrower") with respect to "Loan Agreement")between the (the "Issuer") and Borrower, the ~,greement, Assignment of Leases )eed of Trust"), the Assignment of t"), the Subordination and Lessee- "Subordination Agreement"), the 'ith (the "Environmental Indemnity the date of this opinion (the "Tax }eed of Trust, the Assignment, the Agreement, the "Agreements") and duplicate original or certified copy these and such other documents validly existing as a corporation in full power and authority to own its 3rized to transact business in the 2. The Borrower has full power and autl Agreements and to carry out the terms thereof. The Ag~ authorized, executed and delivered, are in full force anc binding contracts of the Borrower enforceable in uccc (including against claims of usury), except to the exter affecting remedies and by bankruptcy, reorganization, relating to or affecting the enforcement of creditors' rights. ~ority to execute and deliver the 9ements have been duly and validly effect and are the legal, valid and rdance with their respective terms limited by state and federal laws other laws of general application 3. No consent authorization, approval or othe~ action by, and no notice to, or filing with, any governmental authority or regulatory body is required for the due execution, delivery a,n,d perf?rmance by the Borrower of the Agreements, ex'em for such t'~3n whirth h:~ au~y obtmned or taken and is in full force and effect. - ac_~ ................ 4. The consummation of the transactions cont_~mplated by the Agreements and the carrying out of the terms thereof will not result in violation of any provisions of the articles of incorporation or bylaws of the Borrower or result in the vlolation of any provision of, or in a ddefault und, er, a,n.y !nden!ure, mortgage, deed of trust, inldebtedness' agreement, judgment, ecree, oraer, statute, ru~e or regulation to which the Borrower is a party or by which it or its property is bound. / 5. There are no legal or governmental actiorJs, suits, proceedings, inquiries or investigations pending, threatened or contemplated, or ~ny basis therefore, to which the Borrower is or may become a party or of which any property of the Borrower is or may become subject, other than ordinary routine litigation incident to the kind of business conducted by the Borrower which, if determined adversely to the Borrowe aggregate, have a material adverse effect on the financial the Borrower. 6. There are no legal or governmental pr contemplated, or any basis therefore, wherein an unfavon adversely affect the validity of or security for the Bonds Agreement), the Agreements or the transactions contemplat 7. The provisions of the Loan Agreement and create a security interest in favor of the Bondowner Repres in all of the Borrower's right, title and interest in and to the I Trust) and all proceeds thereof. Such security interest h, subject to no prior liens or encumbrances. would not, individually or in the 3osition or results of operations of ;eedings pending, threatened or )le decision, ruling or finding would as such term is used in the Loan .~d thereby. the Deed of Trust are effective to ;ntative, as assignee of the Issuer, )roperty (as defined in the Deed of is been properly perfected and is 8. The Deed of Trust is in proper form for execution and recording the real property records of Riverside County, California and when so recorde~ will be effective to create in favor of the Bondowner Representative a valid and enforceabl~ lien and mortgage on the real property described therein. The Deed of Trust contains the remedies which are customarily g.ra..nt,e..cl to commercial lenders in loan transactions secured I~y real property ocated in the State ot L;m~Tornia. j · This opinion may be relied upon the addressees hereto and any of their successors and asmgns. Very trul C-2 yours, Exhibit D to Loan Agree ment FORM OF OPINION OF COUNSEL TO ISSUER October 23, 2001 GE Capital Public Finance, Inc., as Bondowner Representative and as purchaser of the Bonds Suite 470 8400 Normandale Lake Boulevard Minneapolis, MN 55437 $3,545,000 Industrial Development Authority of the Industrial Development Refunding R (Tension Envelope Corporation Projec Ladies and Gentlemen: ~ity of Temecula .~venue Bond Series 2001A D-1 1. The Issuer is a public, corporate instrument "State"), duly organized and validly existing under the Consti 2. The resolution of the Issuer approving the ~lity of the State of California (the ution and laws of the State. issuance of the Bonds and the execution and delivery by the Issuer of the Agreements wa duly adopted at a meeting of the governing board of the Issuer with all required public notice given, and such resolution is in full force and effect as of the date hereof. 3. To the best of our knowledge after due inqui~, there is no litigation, action, suit or proceeding pending or before any court, administrative ;~gency, arbitrator or governmental ~)ody that challenges the organization or existence of the Is ~uer; the authority of the Issuer to ~ssue the Bonds or to enter into the Agreements; the autho by the Issuer of the Bonds, and the Agreements or the abilil its obligations under the Bonds or the Agreements. This opinion may be relied upon the addressee he assigns. ization, approval and/or execution of the Issuer otherwise to perform and any of its successors and Very truly yours, We have acted as counsel to Industrial Developme Authority of the City of Temecula (the "Issuer") in connection with the issuance of the Industri Development Authority of the City of Temecula Industrial Development Refunding Revenue Bo!nds (Tension Envelope Corporation Project), Series 2001A (the "Bonds") and with respect to ~he Indenture of Trust, dated as of October 1, 2001 the "ndenture" ~ . _ ( ), between the Issuer and IGE Capital Public Finance, Inc. as ~onaowner t~epresentative (the "Bondowner Reoresentative'h and fh~ /~n as of October 1;, 2001 (the "Loan Agreement'") between It 'e Is-s~"e'~ ;'~l"T'~n's~i'~'r~"l~'~'v;l~;; _C_o_rpo!.at!.on !the .Borrowe.r"!, an.d, in th. is capacity, have revi(~wed a duplicate original or certified ~;upy or [ne ~noen[ure ano ~ne Loan Agreement (collectively, the "Agreements"). Based upon the examination of these and such other documents as we deem relevant, it is our opinion that: Exhibit E to Loan Agreement FORM OF OPINION OF BONi October 23, 2001 Industrial Development Authority of the City of Temecula 43200 Business Park Drive Temecula, California 92590 OPINION: $3,545,000 Industrial Developmen~ Industrial Development Refunding Corporation Project) Series 2001A Ladies and Gentlemen: COUNSEL Authority of the City of Temecula :evenue Bonds (Tension Envelope We have acted as bond counsel in connection,,, ,ith the issuance by the Industrial Development Authority of the City of Temecula (the I., ~uer") of its $3,545,000 Industrial Development Refunding Revenue Bonds (Tension Envelope Corporation Project) Series 2001A (the "Bonds") pursuant to Article 11 of Chapter 3 of Par I of Division 2 of Title 5 of the Government Code of the State of California (the "Act"), an¢ an Indenture of Trust, dated as of October 1, 2001 (the "Indenture"), by and between the Issuer and GE Capital Public Finance, Inc., as bondowner representative, approved by the Issuer I~y a resolution adopted October 22, 2001. The proceeds of the Bonds will be used by the I~suer to make a loan to Tension Envelope Corporation (the "Borrower") under the terms of a Loan Agreement, dated as of October 1, 2001 (the "Loan Agreement") between the Iss[~er and the Borrower. We have exa.min? the law and such certified proceedings and otherl Dal~ers as we de~-m n~n~..~,., *.. renaer ~nls opinion. _ ............. · .,. As to questions of fact materia to our opin on, we h~ve relied upon representations of the Issuer contained in the Indenture and in the certified proceedings and other certifications of public officials and of the Borrower furnished to us, without undertaking to verify the same by independent investigation. Based upon the foregoing, we are of the opinion, und~ 1. The Issuer is a public, corporate instrumentali "State"), duly organized and existing under the laws of the the Indenture, perform the agreements on its part contained 2. The Indenture and the Loan Agreement have bee~ constitute valid and binding obligations of the Issuer enforcea with their respective terms. E-1 existing law, that: of the State of California (the Itate, with the power to enter into ~erein and issue the Bonds. duly approved by the Issuer and :)le upon the Issuer in accordance 3. The Indenture creates a valid lien on the fun, security of the Bonds. 4. The Bonds have been duly authorized, execute( valid and binding limited obligations of the Issuer, payal: therefore in the Indenture. 5. The interest on the Bonds is excluded from purposes, except during any period while a Bond is held financed by the Bonds or a "related person" within the me. Revenue Code of 1986 (the "Code"). It should be noted, of tax preference for purposes of the federal alternative and corporations. The opinion set forth in the first senten, condition that the Issuer and the Borrower comply with all pledged by the Indenture for the I and delivered by the Issuer and are le solely from the sources provided 'oss income for federal income tax ! substanbal user of the facilities ling of Section 147(a) of the Internal ~wever, that such interest is an item ~inimum tax imposed on individuals e of this paragraph is subject to the 'equirements of the Code that must be satisfied subsequent to the issuance of the Bonds i~ order that interest thereon be, or continue to be, excluded from gross income for federal incpme tax purposes. The Issuer and the Borrower have covenanted to comply with each such requirement. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income for federal income tax purposes to be retroactive to the date of issuance of the Bonds. We express no opinion regarding other federal tax consequence s arising with respect to the Bonds. 6. The interest on the Bonds is exempt from perso~al income taxation imposed by the State of California. The rights of the owners of the Bonds and the enforc eability of the Bonds, the Indenture and the Loan Agreement may be subject to bankruptcy, ins(,Ivency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted and may also be subject to the exercise of judicial discretion in appropriate cases. Respectf E-2 ~lly submitted, Exhibit F to Loan Agre~ ment FORM OF BOND [see Exhibit A to the Inden :ure] F-1 Exhibit G to Loan Agree LEGAL DESCRIPTION OF REAl [TO BE PROVIDED] G-1 ment PROPERTY Exhibit H to Loan Agree LIST OF PERMITTED EXCE [TO BE PROVIDED] H-1 ment PTIONS Exhibit I to Loan Agreement LIST OF TRADE NAMES [TO BE PROVIDED] I-1 Exhibit J to Loan Agree SURVEY REQUIREMEI The survey called for in the Loan Agreement Engineer or Surveyor and must comply with the following: ~ent ~TS must be prepared by a Registered A. The survey must be an Urban ALTNAC~M Land Title Survey, meeting the Minimum Standard Detail Requirements and Classification~ of ALTA/ACSM Land Title Surveys as adopted by American Land Title Association and ACnerican Congress on Surveying & Mapping in 1997· / / B. The survey must be completed and dated within six (6) months prior to the Closing Date. C. The survey must include the following certil signature and seal of the surveyor: To GE Capital Public Finance, Inc., Tensi Company]: This is to certify that this map or plat and made (i) in accordance with "Minimum Standard Land Title Surveys," jointly established and ado 1999, and includes Items 1, 2, 3, 4, 6, 7la), 7( thereof, and (ii) pursuant to the Accuracy Standan ACSM and in effect on the date of this certificatior ication and must include the original ~n Envelope Corporation and [Title ~e survey on which it is based were etail Requirements for ALTNACSM ~ed by ALTA, ACSM and NSPS in 7(c), 8, 9, 10 and 11 of Table A Is (as adopted by ALTA, NSPS and ). The undersigned further certifies that proper field procedures, instrumentation, an adequate survey personnel were employed in order to achieve results comparable to those outlined in the "Minimum Angle, Distance, and Closure Requirements for Survey Measurements which Control Land Boundanes for ALTNACSM Land T~tle Surve s. Date: (signed) (seal) D. The following items are to be included fror Detail Requirements for ALTNACSM Land Title Surveys: 1. Monuments placed (or a reference all major corners of the boundary of the property, by an existing monument or witness to the corner. 2. Vicinity map showing the propert highway(s) or major street intersection(s). 3. Flood zone designation (with proper Insurance Rate Maps or the state or local equil graphic plotting only). J-1 :~egistration No. Table A of the Minimum Standard )nument or witness to the corner) at :nless atready marked or referenced surveyed in reference to nearby annotation based on Federal Flood alent, by scaled map location and footage). Land area as specified by the clien' 5. Identify, and show if possible1 setb record or disclosed by applicable zoning or buildin. in subdivision maps). If none, so state. 6. (a) (b) (c) (d) Exterior dimensions of all bu Square footage of (1) exter gross floor area of all building Height of all buildings above ( Required number of parking 7. Substantial, visible improvements (ir parking areas or structures, swimming pools, etc. 8. Parking areas and, if striped, the nm type (e.g., handicapped, motorcycle, regular, etc.) spaces. (indicate total acreage and square ack, height and bulk restrictions of codes (in addition to those recorded lings at ground level or footprint of all buildings, or (2) 3, at ground level rade at a defined location. )aces. addition to buildings) such as signs, mber of striped parking spaces, the and the number of required parking marked9. Indication of access to a public ~,/ay such as curb cuts, driveways 10. Location of utilities serving or existi g on the property as evidenced by on-s'te observat'on or as determined by records provided by client, utility companies and other appropriate sources (with reference as to the iource of information) (for example): / (a) railroad tracks and sidings; (b) manholes, catch basins, valve VaL~Its or other surface indications of subterranean uses; (including their function) crossing the surveyed (c) wires and cables premises, all poles on or within ten,feet of the surveyed premises, and the dimensions of all crosswires o( overhangs affecting the surveyed premises; and / (d) utility company installations on the surveyed premises. 11. Significant observations not otherwis disclosed The following additional items must be inclu( led on the survey: 1. A narrative legal description which e) actly matches the title commitment; 2. Names of all streets abutting the prerpises; 3. Distance to nearest intersection of streets and names of streets; 4. Street address of the premises. 5. Clear indication of any encroachments or protrusions and the exact measurements of the distance to lot ines, buildings, easement lines, etc. . . J-2 Exhibit K to Loan Agree ~ent PERMANENT LOAN INSURANCE REQUIREMENTS NAME OF INSURED: Tension Envelope Corporation INSURED MAILING ADDRESS: 819 East 19th Street, Kansas City, MO 64108 PROPERTY ADDRESS(s): 40750 County Center Drive, Temecula, California MORTGAGEE/LOSS PAYEE: GE Capital Public Finance, Inc., a Delaware Coq ,oration, its successors and assigns Suite 470, 8400 Normandale Lake Boulevard, Minn~apolis, MN 55437 INSURANCE REQUIREMENTS: HAZARD INSURANCE: Evidence of Property Insurance, naming GE Capital Public Finance, Inc., its successors and/or assigns, as Loss Payee and Mortgagee as r~spects the subject property. / Perils: Fire and Extended coverage, vandalism and malicious mischief, Boiler and Machinery, Earthquake (in the amount of $2,500,007) and if applicable Flood Insurance. Values: 100% Replacement cost value of property/Limit of $50,000 deductible Endorsements Required: Agreed Amount and Repl locations and schedule of values, if blanket policy; (see copy attached) with enlargement of same for e Public Finance, Inc. amended to 30 days notice of, 30 days notice of cancellation; waiver of subrogal property is owner occupied; co-insurance should provided. Loss of Rents/Business Interruption for 12 monff least 12 mos. rent) is required. Boiler and Machinery coverage is required. If th Machinery coverage is different from that of the Agreement endorsement must be reflected on tt Property coverage and Boiler & Machinery coverag{ K-1 ~cement Cost endorsements; List of Lender Loss Payable Endorsement asier reading), in favor of GE Capital ;hange, cancellation or non-renewal; ion endorsement is required unless ~ot be a condition of any insurance (or in an amount equivalent to at insurance carrier for the Boiler & Property Coverage, a Joint Loss evidences of insurance for both If the 438BFU Lender's Loss Payable Endorsem another Loss Payable endorsement for review by G LIABILITY: Evidenced on Form Acord 25 - Certificate of Liabilit Coverage to be on occurrence basis only. Evidence of insurance, showing comprehensive gel in an amount not less than $2,000,000 (per occurr{ ~nt is not available, please submit -- Capital Public Finance, Inc. Insurance eral liability on an occurrence basis, nce) to include: (i) bodily injury and property damage liability (primary and excess umbr 91la acceptable to satisfy limits); and (ii) GE Capital Public Finance, Inc. is to be named additional insured as respects this property only and the additional insured endor,< certificate. SPECIAL INSTRUCTIONS: GE Capital Public Finance, Inc. is to be provided wi1 and a Certificate of Liability Insurance from an ~ Rating of NX or better for both hazard and liability the insurance company or its authorized agent. itemize all the above endorsements and the eviden~ Loss Payable endorsement (a copy of which is ISSUANCE OF THE EVIDENCE OF INSURANC[ PUBLIC FINANCE, INC., THE INSURANCE COMP COPY OF THE INSURANCE POLICY INCLUC AMENDMENTS. K-2 ement should be attached to the h an Evidence of Property Insurance ~surance company having a Best's coverage and must be executed by The evidence and certificate must ',e must include a copy of the Lender attached). WITHIN 90 DAYS OF i, ON REQUEST OF GE CAPITAL ~,NY IS TO PROVIDE A CERTIFIED lNG ALL ENDORSEMENTS AND Exhibit L to Loan Agreement ENVIRONMENTAL PHASE I REPORT The report is to be addressed to GE Capital P~ Tension Envelope Corporation, and must be signed introductory paragraphs of the report should include (a) the (b) a brief description of the property; (c) the date of initial acknowledging GECPF as Lender; (e) a description of th REQUIREMENTS ~blic Finance, Inc. ("GECPF") and ~y the preparing engineer. The name of the property or transaction; ontact with GECPF; (d) a statement .~ assignment (Phase I or Phase II Reporting format); (f) Why the assessment is being conducled; and (g) how the information will be used. The following sections must be addressed and included in all reports: / 1. Property Description - The property description Should include site-specific physical and demographic conditions and include a site diagram and area location map. In addition, a description of the hydrogeology as well as a statemer~t as to the inferred direction of groundwater flow must be included. The type of soil, density, absorptive qualities, etc., distance to water table, and any other pertinent information use materials in and through the soil at the subject propert! included is the presence and quality of potable water and on-site contamination. 2. Historical Study - A review of the historical use rul in analyzing the movement of ' must be addressed. Also to be 3w said source may be impacted by of the property is to be included in the report. Review of real estate records such as title dc cumentation (see below), appraisal reports, certificates of occupancy, building permits, etc., ayailable deeds and other ownership records, tax maps/records, aerial photographs, topographical or township planning maps, Sanborn maps, and interviews may be utilized. With regard to title documentation, the report must include a chain of title search (through a title company) listing past owners of the propE~rty. The search should go back a minimum of 50 years. An affirmative statement must be given, as to whether or not there are any expected environmental concerns as a result of any prior owner;hip or use. If the property was previously used for agricultural purposes, the engineer ust include statements as to what types of pesticides would have been used as well as their )robable and existing impact to the subject property. 3. On-Site Inspection - The inspector is to make . physical inspection of the site to evaluate for visual signs of hazardous materials. The re 3brt should include the results of this inspection and must incorporate the following areas of concern: / (a) Asbestos: (i) Suspect/potential asbestos containing materials (PACM) which are readily accessible, such as ceiling tiles, mastic in flooring, tested to determine the presence of asbestos. containing materials which are not readily accessible etc., need not be tested, but should be identifie¢ suspected PACMs estimated. In both cases, the co the report. L-1 )oiler pipe wrapping, etc., are to be ther potential sources of asbestos such as wallboards, roof flashings, and the quantity (i.e., sq. ft.) of to remove it should be included in (ii) The report must state whether the asbest~ ~s is in a friable or non-friable state and include an estimate of the cost to remove the asbestos containing materials. (iii) Asbestos containing mater als, if they are not to be removed, are to be addressed in an Operations and Maintenance Agreement/Plan, a copy of which is to be included with the report. (b) PCB's: The report should identify any PCB contailing transformers· If a "no PCB content" sticker is not present on the transformer, ~e inspector is to verify ownership and responsibility for its maintenance. GE Capital ublic Finance, Inc. may require the Borrower have the transformer tested (by the res ,nsible party) for PCB presence or leakage. Any PCB containing transformers or fxtures, for which a utd~ty ~s not responsible, will have to be removed. Estimated costs for do ng that removal are to be included in the report. (c) Above and Underground Storage Tanks: The inspection must include identification of )ny aboveground and underground storage tanks at the subject property. Any suc~' tanks must be checked for the following: (i) condition, with the latest testing data in(Jluded if it exists; (ii) whether or not registration with a Federal, State, or local agency lis required; (iii) recommendations should be included for any testing or remediation ir~dicated by the inspection and the latest testing data included with the report, and (iv) in the case of aboveground storage tanks, the report should indicate whether or not the ASTs need to be placed within secondary containment, i.e. bermed concrete contain~nent. (d) Radon: Either a test should be made for radon gas ~r a radon survey map of the area should be consulted to determine the radon rating ~ the subject property. If radon is not an issue in the area of the subject property, an ,ffirmative statement to that effect must be made. (e) Wetlands: Wetland issues must be addressed. If wetla Js are not an issue, an affirmative statement to that effect should be included in the re )rt. / (f) Hazardous Materials: ~ General housekeeping practices are to be~utlined if hazardous materials are stored on s~te. Th~s section should ~nclude an outl~n.~ of materials utd~zed/stored on s te, their purpose, methods of disposal, potential for discharge into municipal storm drains or on-site drainage facilities (including septic syslems), and regulatory reporting requirements. ~ If a septic system is located on site the report must address the following: (i) the age of the system, (ii) its ocation parameters, maintenance records and cond't on, L-2 (iii) its potential as a source of hazardous materia s, and (iv) the need for testing of organic or inorganic substances must be addressed. 4 Act~wty Rewew The ~nspector ~s to contact all fe~leral (CERCLIS), state (EPA), and local regulatory agencies to determine whether the site or the surrounding properties within a one mile radius (regardless of the ASTM guidelines) are curJrently or have been involved in any activities. Any reference to such cleanup activity, is to include the following: (a) cleanup location and distance of the site from the subject property including notation as to whether the site is up or down gradient to the subject property; (b) based on that information, an affirmative statement must be given as to whether or not each Isuch site represents a potential environmental hazard to the subject property; (c) database records to be searched should include NPL, CERCLIS, RCRIS-Violators, HMIRS, PADS, -_-RNS, FINDS, TRIS, TSCA, UST/ AST, LUST, and any other applicable state or federal dat; bases; and (d) the Activity Review must be less than 6 month old. 5. The report must be less than 6 months old. 6. The report must be updated if it was compl;ted prior to any construction or substantial remodel. The update should include the use of ;onstruction materials as well as an update of all RCRA, CERCLIS & EPA lists. 7. Any other noted site specific environmental issues must be identified and recommendations for their removal/remediation should be offered. L-3 Exhibit M to Loan Agreen ~ent FORM OF CERTIFICATE OF CHIEF FINI~NCIAL OFFICER / i, the undersigned, hereby certify that I am the dul~ ualified and acting chief financial officer of Tension Envelope Corporation (the "Borrower~i and, with respect to the Loan Agreement dated as of October 1, 2001 (the "Agreement") by and between the Borrower and the Industrial Development Authority of the City of Temecula the "issuer"), that: 1. The attached financial statements have been prepared in accordance with generally accepted accounting principles applied on a consis 2. I have no knowledge of any Default or Event 3. Section 6.18 of the Agreement requires Borr( Tangible Net Worth at not more than 1.35 to 1.00. The below: 4. Section 6.19 of the Agreement requires Borr( to Current Liabilities Ratio at not less than 1.00 to 1.00. The below: :ent basis. f Default under the Agreement. ,wer to maintain its ratio of Debt to alculation of such ratio is set fodh ,wer to maintain its Current Assets calculation of such ratio is set forth 5. Section 6.20 of the Agreement requires Borrgwer to maintain its Tangible New Worth at not less than $40,000,000; provided, however, such amount shall increase by 20% of Borrower's Net Income. Borrower's Tangible Net Worth is $ Dated: ,20 TENSIOt By: Title: Date: M-1 ENVELOPE CORPORATION Chief Financial Officer INDENTURE OF TRUS by and between the INDUSTRIAL DEVELOPMENT AUTHORITY OF and GE CAPITAL PUBLIC FINAN( as Bondowner Represent Dated as of October 1, 2, HECITYOFTEMECULA E, INC., Itive )01 Relating to: $3,545,000 Industrial Development Authority of the City of Temecula Industrial Development Refunding I; evenue Bonds (Tension Envelope Corporation Project), Series 2001A / Section 1.01. Section 1.02. Section 2.01. Section 2.02. Section 2.03. Section 2.04. Section 2.05. Section 2.06. Section 3.01. Section 3.02. Section 4.01. Section 4.02. Section 4.03. Section 5.01. Section 5.02. Section 5.03. Section 5.04. Section 6.01. Section 6.02. Section 6,03. Section 6.04. Section 6.05. Section 6.06. Section 6.07. Section 6.08. Section 6.09. Section 6.10. Section 6.11. Section 6.12. Section 6.13. TABLE OF CONTENTS ARTICLE I DEFINITIONS AND GENERAL PRi ~VISIONS Definitions ............................................................................................................................ 3 Rules of Construction .......................................................................................................... 7 ARTICLE II THE BONDS Authorization ........................................................................................................................ 8 Terms of Bonds .................................................................................................................. 8 Payment of Bonds ............................................................................................................... 8 Execution of Bonds ........................................................................................................... 8 Transfer of Bonds ................................................................................................................ 9 Bond Register ...................................................................................................................... 9 ARTICLE III ISSUANCE OF BONDS; APPLICATION ~ )F PROCEEDS Authentication and Delivery of the Bonds ......................................................................... 10 Application of Proceeds of Bonds ...................................................................................... 10 ARTICLE IV REDEMPTION OF BOND~ Circumstances of Redemption .......................................................................................... 11 No Notice of Redemption .................................................................................................. 11 Effect of Redemption ......................................................................................................... 11 ARTICLE V REVENUES Pledge of Revenues .......................................................................................................... 12 Bond Fund ......................................................................................................................... 12 Investment of Moneys ........................................................................................................ 13 Assignment to Bondowner Representative; Enforce ment of Obligations .......................... 14 ARTICLE VI COVENANTS OF THE AUTHC RITY Payment of Principal and Interest ...................................................................................... 15 Paying Agents .................................................................................................................... 15 Preservation of Revenues; Amendment of Documehts .................................................... 15 Compliance with Indenture ................................................................................................. 15 Further Assurances ............................................................................................................ 15 No Arbitrage ...................................................................................................................... 15 Limitation of Expenditure of Proceeds ............................................................................... 16 Rebate of Excess Investment Earnings to United SI ares .................................................. 16 Limitation on Issuance Costs ............................................................................................ 16 Federal Guarantee Prohibition .......................................................................................... 16 Prohibited Facilities ............................................................................................................. 16 Use Covenant .................................................................................................................... 16 Immunities and Limitations of Responsibility of Autt -i- o rity .................................................. 16 Section 7.01. Section 7.02. Section 7.03. Section 7.04. Section 7.05. Section 7.06. Section 7,07. Section 7.08. Section 7.09. Section 7.10. Section 8.01. Section 8.02. Section 8.03. Section 8.04. Section 8.05. Section 8.06. Section 8.07. Section 8.08. Section 8.09. Section 9,01. Section 9.02. Section 9.03. Section 9.04, Section 10.01. Section 10.02. Section 11.01. Section 11.02. Section 11.03. Section 11.04. Section 11.05. Section 11.06. Section 11.07. Section 11.08. Section 11.09. ARTICLE VII DEFAULT Events of Default; Acceleration; Waiver of Default. Institution of Legal Proceedings by Bondowner Rel Application of Moneys Collected by Bondowner Re Effect of Delay or Omission to Pursue Remedy ..... Remedies Cumulative ............................................. Covenant to Pay Bonds in Event of Default ............ Bondowner Representative Appointed Agent for Bc Power of Bondowner Representative to Control Pr( Limitation on Bondholders' Right to Sue ................. resentative ........................................ 19 )resentative ....................................... 19 ndholders ......................................... 20 ceedings ........................................... 20 Limitation of Liability to Revenues ..................................................................................... 21 ARTICLE VIII THE BONDOWNER REPRESENTATIVE AND AGENTS Duties, Immunities and Liabilities of Bondowner Re 3resentative ...................................... 22 Right of Bondowner Representative to Rely Upon Documents, Etc .................................. 24 Bondowner Representative Not Responsible for Recitals ................................................. 25 Intervention by Bondowner Representative ....................................................................... / 25 Moneys Received by Bondowner Representative toI be Held in Trust ............................... 25 Compensation and Indemnification of Bondowner Representative and Agents ................ 25 Qualifications of Bondowner Representative .......... .1 ......................................................... 26 Merger or Consolidation of Bondowner Representative .................................................... 26 Dealing in Bonds ............................................................................................................... 26 ARTICLE IX / MODIFICATION OF INDENTURE Mod ficat on of ndenture ......................................... I ......................................................... 27 Effect of Supplemental Indenture ...................................................................................... 27 Opinion of Counsel as to Supplemental Indenture ............................................................ 27 Notation of Modification on Bonds; Preparation of I~ ew Bonds ......................................... 27 ARTICLE X DEFEASANCE Discharge of Indenture ....................................................................................................... 28 Payment of Bonds after Discharge of Indenture ................................................................. 28 ARTICLE Xl MISCELLANEOUS Successors of Authority ..................................................................................................... 29 Limitation of Rights to Parties and Bondholders ............................................................... 29 Waiver of Notice ................................................................................................................ 29 Destruction of Bonds ......................................................................................................... 29 Separability of Invalid Provisions ....................................................................................... 29 Notices .............................................................................................................................. 29 Authorized Representatives ............................................................................................... 30 Evidence of Rights of Bondholders ......................... Waiver of Personal Liability .................................... -ii- Section 11.10. Business Days .................................................................................................................. 31 Section 11.11. Execution in Several Counterparts .................................................................................... 31 Section 11.12. Governing Law ................................................................................................................... 32 Section 11.13. EXHIBIT A EXHIBIT B Successors ..................... : .................................................................................................. 32 FORM OF BOND FORM OF INVESTOR'S LETTER INDENTURE OF TRUST / This indenture of Trust, dated as of October 1, ~001 between the industrial Development Authority of the City instrumentality of the State of California (the "Authority"), an, Delaware corporation, as Bondowner Representative (the "B RECITALS: (this "Indenture"), is by and of Temecula, a public, corporate GE Capital Public Finance, Inc., a ,ndowner Representative"). WHEREAS, the Authority is authorized by Article 11 of Chapter 3 of Part 1 of Division 2 of T~tle 5 of the Government Code of the State of Cahforn~a, as amended (the Refunding Law"), to issue and sell revenue bonds for the purpose c~f refunding any of its outstanding revenue bonds; and / / WHEREAS, on August 16, 1994, the Authority i~sued its Industrial Development Authority of the City of Temecula Industrial Development Revenue Bonds (Tension Envelope Corporation Project) in the imbal pnnc~pal amount of $5,625,000 (the 1994 Bonds ) and made a loan of the proceeds of the 1994 Bonds to Tension Envelqpe Corporation (the "Borrower~) to finance the acquisition of land in the City of Temecula, ~alifornia, and the renovation and equipping of a building located thereon for use as an er~velope manufacturing facility (the "Facility"); and / WHEREAS, the Authority now desires to issue its Industrial Development Authority of the City of Temecula Industrial Development Refunding R~venue Bonds (Tension Envelope Corporation Project) Series 2001A (the "Bonds") under theI Refunding Law in order to refund the 1994 Bonds; and WHEREAS, the proceeds of the Bonds w be used: to fund a loan (the "Loan") to the Borrower pursuant to the Loan Agreement, dated as of Oct( ber 1, 2001, between the Authority and the Borrower (the "Loan Agreement"); and WHEREAS, payments by the Borrower on the Loa~ will be used by the Authority to make payments on the Bonds, and the Authority in this Ind( nture has assigned its rights under the Loan Agreement (with certain limited exceptions) to he Bondowner Representative as security for the repayment of the Bonds; and authenticat on WHEREAS, in order to provide for the and delivery of the Bonds, to establish and declare the terms and conditions upon whicl~ the Bonds are to be issued and secured and to secure the payment of the principal thereof~nd of the interest and premium, if any, thereon, the Authority has authorized the execution and delivery of this Indenture; and / WHEREAS, all conditions, things and acts required by the Refunding Law, and by all other laws of the State of California, to exist, have happened and have been performed precedent to and in connection with the issuance of the Bonds exist, have happened, and have been performed in due time, form and manner as required by law, and the Authority is now duly authorized and empowered, pursuant to each and every requirement of law, to issue the Bonds for the purpose, in the manner and upon the terms herein provided; and / WHEREAS, all acts and proceedings required by I~w necessary to make the Bonds, when executed by the Authority, authenticated and delivere¢ and duly issued, the valid, binding and legal limited ob -1- by the Bondowner Representative igations of the Authority, and to constitute this Indenture a valid and binding agreement for forth, in accordance with its terms, have been done and ta~ of this Indenture have been in all respects duly authorized. AGREEMENT: the uses and purposes herein set en; and the execution and delivery NOW, THEREFORE, THIS INDENTURE WITNESSETH, that in order to secure the payment of the principal of, and the interest and premium~ if any, on, all Bonds at any time issued and outstanding under this indenture, according to their tenor, and to secure the performance and observance of all the covenants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject t(~ which the Bonds are to be issued and received, and for and in consideration of the premises and of the mutual covenants herein contained and of the purchase and acceptance of the Bonds by the owners thereof, and for other consideration the receipt and sufficiency of which is t' covenants and agrees with the Bondowner Representatiw benefit of the respective registered owners from time to time -2- ereby acknowledged, the Authority for the equal and proportionate of the Bonds, as follows: ARTICLE I DEFINITIONS AND GENERAL PF ~OVISIONS Section t.01. Definitions. Unless the context othe wise requires, the terms defined in this Section 1.01 shall, for all purposes of this Indenture and of the Loan Agreement and of any indenture supplemental hereto or agreement supplemental lhereto, have the meanings herein specified, as follows: The term "Act" shall mean the California Induslrial Development Financing Act, constituting Chapter 1 of Title 10 (commencing with Section 91500) of the California Government Code, as in effect on the date of issuance of the~ 1994 Bonds. The term "Authority" shall mean the Industrial DeVelopment Authority of the City of Temecula, the issuer of the Bonds hereunder, and its succ ~ssors and assigns as provided in Section 11.01. The term "Agreement" or "Loan Agreement" shall as of October 1, 2001, between the Authority and the Borrov agrees to loan the proceeds of the Bonds to the Borrower, mean the Loan Agreement, dated ,er, pursuant to which the Authority as originally executed or as it may time and from time to time may be designated as such, by Authority and the Bondowner Representative containing the: and signed on behalf of the Borrower by the Vice Presidenl certificate may designate an alternate or alternates. from time to time be supplemented or amended in accordan¢ with its terms. / The term "Authorized Authority Representative" ~hall mean the Executive Director, Secretary or the Treasurer of the Authority, or any other~erson designated to act in such capacity by a Certificate of the Authority containing the specimen signature of any of such persons which certificate may designate an alternate or alterr~ates. / The term "Authorized Amount" shall mean Thre~ Million Five Hundred Forty-Five Thousand Dollars ($3,545,000), the authorized maximum prir~cipal amount of the Bonds. / The term "Authorized Borrower Representative" ~hall mean any person who at the written certificate furnished to the ;pecimen signature of such person - Finance of the Borrower, which The term "Bond Counsel" shall mean (i) Quint & T law or other firm of attorneys selected by the Authority Representative, of nationally recognized standing in matters limmig LLP, or (ii) any attorney at and approved by the Bondowner pertaining to the federal tax status of interest on bonds issued by states and political subdivisi~)ns, and duly admitted to practice law before the highest court of any state of the United State~ of America, but shall not include counsel for the Borrower. The term "Bond Fund" shall mean the fund est~ hereof. The term "Bondholder" or "Bondowner" shall ha, hereunder. 1 The term "Bondowner Representative" shall me n blished pursuant to Section 5.02 'e the same meaning as "Holder" (a) initially, GE Capital Public Finance, Inc., a Delaware corporation, (b) any successor the (c) subject to the ~rovisions of Section 8.07 any entity that is -3- reto under Section 8.08 hereof, or the owner of a majority in principal amount of the Bonds then Outstanding or a person selec principal amount of the Bonds then Outstanding. The term "Bonds" shall mean the Industrial De~ Temecula Industrial Development Refunding Revenue Bor Project), Series 2001A, issued and outstanding hereunder. ed by the owners of a majority in ~lopment Authority of the City of ds (Tension Envelope Corporation The term "Borrower" shall mean Tension Em elope Corporation, a New York corporation, and its successors and assigns under the pro~Jisions of Section 6.24 of the Loan Agreement. L The term "Business Day" shall mean any day oth r than a Saturday, Sunday, legal holiday, or day on which the Bondowner Representative's Pr ncipal Office is otherwise closed. The term "Certificate of the Authority" shall mean by an Authorized Authority Representative. The term "Certified Resolution" shall mean a co, certified by the Secretary of the Authority, to have been dui in full force and effect on the date of such certification. The term "Closing Date" shall mean October 31, Bonds to the purchaser thereof against payment of the purc? The term "Code" means the Internal Revenue Co( with applicable Regulations promulgated, and applicable under the Code. The term "Debt Service" means the scheduled am( principal payable on the Bonds during the period of comput~ during such period which relate to principal which has been period. The term "Deed of Trust" shall mean the Com~ Statement, Security Agreement, Assignment of Leases and of October 1, 2001, executed by the Borrower in favor of the purpose of securing the obligations of the Borrower under ti of trust may be originally executed or as from time to time su The term "Event of Default" as used herein other t the Loan Agreement shall have the meaning specified in S~ the Loan Agreement shall have the meaning specified in Sec The term "Fair Market Value" means the price at wi" the investment from a willing seller in a bona fide, arm's le~ the date the contract to purchase or sell the investment be( traded on an established securities market (within the mea and, otherwise, the term "Fair Market Value" means the ac( length transaction (as referenced above) if (a) the investme acquired in accordance with applicable regulations under ti agreement with specifically negotiated withdrawal or reinves negotiated interest rate (for example, a guaranteed inves certificate of the Authority signed of a resolution of the Authority adopted by the Authority and to be 31, the date of initial delivery of the ase price therefor. le of 1986, as amended, together )fficial public guidance published, Jnt of interest and amortization of lion, excluding amounts scheduled ~tired before the beginning of such nercial Deed of Trust, Financing Rents and Fixture Filing, dated as EIondowner Representative, for the le Loan Agreement, as such deed )lemented and amended. an with respect to defaults under ~ction 7.01 hereof, and as used in :ion 7.1 thereof. ich a willing buyer would purchase igth transaction (determined as of omes binding) if the investment is ting of section 1273 of the Code) luisition price in a bona fide arm's it is a certificate of deposit that is le Code, (b) the investment is an :merit provisions and a specifically lment contract, a forward supply contract or other investment agreement) that is acquin regulations under the Code, (c) the investment is a Unite, Local Government Series that is acquired in accordance United States Bureau of Public Debt, or (d) the investme Fund of the State of California but only if at all times during ~ is reasonably expected to be equal to or greater than the direct obligation of the United States. The term "Holder," "holder" or "Bondholder" o~ mean the person in whose name any Bond is registered. The term "Indenture" shall mean this Indenture of may from time to time be supplemented, modified or amen~ entered into pursuant to the provisions hereof. The term "Interest Payment Date" shall mean the commencing December 3, 2001. The term "Investment Securities" shall mean any ( comprised of the following, which may be funds maintain( Representative and its affiliates), but only to the extent tt Market Value: ~d in accordance with applicable States Treasury Obligation-State with applicable regulations of the )t is the Local Agency Investment ~hich the investment is held its yield ield on a reasonably comparable "owner" or "Bondowner" shall 'rust, as originally executed or as it led by any supplemental indenture first Business Day of each month, f the following (including any funds d or managed by the Bondowner at the same are acquired at Fair (a) United States Treasury notes, bonds, bills, or those for which the full faith and credit of the United States, its agencies, its created by an act of Congress, are pledged for thc (including State and Local Government Series); (b) shares of an investment company ( Investment Company Act of 1940, whose shares instrumentalities, or organizations payment of principal and interest 1) registered under the Federal are registered under the Federal Securities Act of 1933, (2) whose only investments are in (i) securities described in the preceding clause (a), (ii) general obligation tax-exer~pt securities rated A or better by the Rating Agency, or (iii) repurchase agreements (~r reverse repurchase agreements fully collateralized by those securities if the repurchase agreements or reverse repurchase agreements are entered into only with l:hose primary reporting dealers to report to the Federal Reserve Bank of New York and{with the 100 largest United States commercial banks, and (3) which are rated Am or Amlg or better by the Rating Agency; / (c) any security which is a general obligation of any state or any local government with taxing powers which is rated A or be (d) commercial paper issued by United Sta' subsidiaries that is rated A-1 by the Rating Agency ar (e) any other investment approved in writing The term "Issuance Costs" means all costs and eD including, but not limited to: (a) purchaser's discount and fee Counsel and Borrower's counsel, as well as any other sp connection with the issuance of the Bonds or the Loan; (c) incurred in connection with the issuance of the Bonds, inclu¢ to the Authority, and any Authority administrative fee for proc -5- .1er by the Rating Agency; es corporations or their Canadian matures in 270 days or less; or the Bondowner Representative. )enses of issuance of the Bonds, ;; (b) counsel fees, including Bond .~cialized counsel fees incurred in lhe Authority's fees and expenses ling fees of any counsel or advisor 9ssing the request of the Borrower to issue the Bonds; (d) Bondowner Representative's fees counsel fees; (e) paying agent's and certifying and autt' issuance of the Bonds; (f) accountant's fees related to issl costs associated with the financing proceedings; and (h) studies necessary to the issuance of the Bonds. The term "Loan" shall mean the loan made by the A the Agreement for the purpose of refinancing the Project. The term "Loan Agreement" shall mean the Agreen The term "1994 Bonds" means the Authority's Ind~ City of Temecula Industrial Development Revenue Bone Project) issued under the Prior Indenture and outstanding a.~ The term "Opinion of Counsel" shall mean a writt counsel for the Authority, Bond Counsel or counsel for the B The term "outstanding", when used as of any parti and Bondowner Representative's enticating agent's fees related to ance of the Bonds; (g) publication ;osts of engineering and feasibility Jthority to the Borrower pursuant to ~ent, as defined herein. strial Development Authority of the s (Tension Envelope Corporation of the Closing Date. ;n opinion of counsel, who may be )ndowner Representative. cular time with reference to Bonds, shall, subject to the provisions of Section 11.08(e), mean 911 Bonds theretofore authenticated and delivered by the Bondowner Representative under this Indenture except: (a) Bonds theretofore canceled by thff Bondowner Representative or surrendered to the Bondowner Representative for ca '~cellation; (b) Bonds for the payment or redemption o which moneys or securities in the necessary amount (as provided in Section 10.01) sh ?1 have theretofore been deposited with the Bondowner Representative (whether upc or prior to the maturity or the redemption date of such Bonds); and (c) Bonds in lieu of or in substitution for ~ authenticated and delivered by the Bondowner Repl Section 2.05. The term "person" shall mean an individual, a co~ unincorporated organization or a government or any agency The term "Principal Office" shall mean the office located at the address set forth in Section 11.06 here( Bondowner Representative shall designate by notice given [ The term "Principal Payment Date" shall mean an' is due and payable under the Loan Agreement. The term "Project" has the meaning ascribed in su The term "Prior Indenture" means the Indenture ol between the Authority and U.S. Bank Trust National Associ~ National Trust and Savings Association, as trustee, as a~ Indenture, dated as of July 31, 2001, between the Authority ich other Bonds shall have been esentative pursuant to the terms of potation, a partnership, a trust, an or political subdivision thereof. of the Bondowner Representative f, or at such other place as the nder Section 11.06. date on which principal of the Loan term in the Loan Agreement. Trust, dated as of August 1, 1994, tion, successor to Bank of America nended by the First Supplemental 3nd such trustee. The term "Rating Agency" shall mean Standard & =oor's Ratings Group, a division of the McGraw-Hill Companies, Inc., or its successors and assigns or, if such entity shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, any other nationally recognized rating agency designated by ~he Bondowner Representative. The term "Refunding Law" shall mean Article 11 of !Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. The term "Regulations" means the Income Tax Regulations promulgated or proposed by the Department of the Treasury pursuant to the Code from time to time or pursuant to any predecessor statute to the Code. / officer o~l~et~r~nd"oRwenSePr°RneS~rbelseenOtaff~iCv~r~'ss°/g~he~ tBo°~dd~W~re~s~eu~ieenst~teiVreeuSnc~ae~ mean any / The term "Revenues" shall mean all amounts plec~ged hereunder to the payment of principal of, and premium, if any, and interest on the Bond~, consisting of any repayments of the Loan required or permitted to be made by the Borrowet' pursuant to Section 5.1(a) of the Loan Agreement; but such term shall not include payments ~o the United States, the Authority, the Administrator or the Bondowner Representative pursJant to Sections 2.3, 2.4, 5.1(d), 5.1 (e), 6.7 or 7.4 of the Agreement or Sections 6.08 or 8.06 I The term "Sophisticated Investor" means (a) a "qu meaning of Rule 144A promulgated under the Securities Ac' partnership or trust as a part of a multiple asset portf¢ partnership or trust are only offered and sold to entities desc tereof. alified institutional buyer" within the of 1933, as amended, and (b) any lie, so long as interests in such ibed in the preceding clause (a). The term "supplemental indenture" or "indenture tsupplemental hereto" shall mean any indenture hereafter duly authorized and entered into between the Authority and the Bondowner Representative in accordance with the provisions of this Indenture. / The terms "Written Consent", "Written Demandt', "Written Direction", "Written Election", "Written Notice", "Written Order", "Written Request" and "Written Requisition" of the Authority or the Borrower shall mean, respectively, a written consent, demand, direction, election, notice, order, request or requisition signed on behalf of the Authority by an Authorized Authority Representative, or o behalf of the Borrower by an Authorized Borrower Representative. Section 1.02. Rules of Construction. (a) The sin! including the terms defined in Section 1.01, shall include th~ context otherwise requires. The use herein of a pronoun of words of the other genders. (b) All references herein to "Articles", "Sections" ar the corresponding Articles, Sections or subdivisions of thi., and the words "herein", "hereof', "hereunder" and other w Indenture as a whole and not to any particular Article, Sectio~ (c) The headings or titles of the several Articles an( contents appended to copies hereof, shall be solely for corn affect the meaning, construction or effect of this Indenture. -7- ular form of any word used herein, plural, and vice versa, unless the lny gender shall include correlative other subdivisions hereof are to Indenture as originally executed; )rds of similar import refer to this or subdivision hereof. Sections hereof, and any table of enience of reference and shall not ARTICLE II THE BONDS Section 2.01. Authorization. There are hereby uthorized to be issued under the provisions of the Refunding Law bonds of the Authority designated as "Industrial Development Authority of the City of Temecula Industrial Development R~funding Revenue Bonds (Tension Envelope Corporation Project), Series 2001A" in the initial aggregate principal amount of $3,545,000. No Bonds may be issued hereunder except ~r~ maximum aggregate principal amount of Bonds which ma~ this Indenture shall not exceed the Authorized Amount. Section 2.02. Terms of Bonds. The Bonds shall in Exhibit A hereto with necessary or appropriate variati permitted or required by this Indenture, including any supple accordance with this Article. The be issued and outstanding under ; in substantially the form set forth ~ns, omissions and insertions as nental indenture. The Bonds shall be issuable only as fully registered Bonds, without coupons, in the form of a single Bond in the principal amount equal to the Authorized Amount. The Bonds shall be dated the Closing Date, shall mature on December 1, 2016, land shall be subject to redemption prior to maturity as provided in Article IV. ~ / The Bonds shall bear interest, payable on each Interest Payment Date, at a rate of __% per annum. Interest on the Bonds shall be compuied on the basis of a 360 day year comprised of twelve 30-day months. Principal and interest the dates and in the amounts set forth in the payment sch Bond in Exhibit A hereto. Each Bond shall bear interest from the date to wi" Bonds next preceding the date of its authentication, unless Payment Date for which interest has been paid, in which e/ Interest Payment Date, or unless it is authenticated on o~ Date, in which event it shall bear interest from the Closing D; on the Bonds shall be payable on ~dule appended to the form of the ich interest has been paid on the t is authenticated as of an Interest ent it shall bear interest from such before the first Interest Payment Section 2.03. Payment of Bonds. Payment of ,~e principal of and interest on any Bond shall be made in lawful money of the United States to,he person appearing on the Bond registration books of the Bondowner Representative as th~ registered owner thereof on the applicable Interest Payment Date, such principal and interest to be paid by check mailed on the Interest Payment Date by first class mail, postage prepald, to the registered owner at its address as it appears on such registration books, except that the Bondowner Representative may, at the request of any registered owner of Bonds, mak~payments of principal and interest on such Bonds by wire transfer to the account within the owner to the Bondowner Representative in writing, any such withdrawn in writing. Section 2.04. Execution of Bonds. The Bonds s behalf of the Authority with the manual or facsimile signatu~ the manual or facsimile signature of its Secretary. The Be Bondowner Representative for authentication by the Bondo United States designated by such designation to remain in effect until tall be signed in the name and on e of its Chairman, and attested by rids shall then be delivered to the ~vner Representative. In case any officer who shall have signed any of the Bonds shall cease 1 be such officer before the Bonds so signed shall have been authenticated or delivered by {he Bondowner Representative or issued by the Authority, such Bonds may nevertheless be ~ uthenticated, delivered and issued and, upon such authentication, delivery and issuance, shall ~e as binding upon the Authority as -8- though the officers who signed the same had continued Also, any Bond may be signed on behalf of the Authority by of the execution of such Bond shall be the proper officers al Bond any such person shall not have been such officer. Only such of the Bonds as shall bear thereon a cerl be such officers of the Authority. such persons as on the actual date hough on the nominal date of such ificate of authentication in the form set forth in Exhibit A, manually executed by the BondownE r Representative, shall be valid or obligatory for any purpose or entitled to the benefits of this Indenture and such certificate of the Bondowner Representative shall be conclusive evidence that the Bonds so authenticated have been duly authenticated and delivered hereunder and are entitled to the benefits of this Indenture. Section 2.05. Transfer of Bonds. (a) Any Bond m~y, in accordance with the terms of this Indenture but in any event subject to the provisior~s of Section 2.05(b) hereof, be transferred upon the books of the Bondowner Representative, required to be kept pursuant to the provisions of Section 2.06, by the person in whose nam~it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation at the Principal Office of the Bondowner Representative, accompanied by a writte~ acceptable to the Bondowner Representative, duly execu surrendered for transfer, the Authority shall execute and ti' authenticate and deliver a new Bond. (b) the Bonds: The following shall apply to all transfers of (i) the Bonds, in the form attached he certificated instruments, and shall not be held in approved in advance in writing by the Authority in its (ii) the Bonds shall only be transferre¢ Sophisticated Investor; (iii) each transferee of the Bonds shall d letter in the form of Exhibit B hereto; and (iv) the Bondowner Representative shall unless the conditions of this Section 2.05(b) have be, (c) The Bondowner Representative shall requir requesting any such transfer of any tax, fee or other gover with respect to such transfer, but any such transfer shall ot the Bondholder requesting the same. The cost of prin rendered or any expenses incurred by the Bondowner Re shall be paid by the Borrower. Section 2.06. Bond Register. The Authorit, Representative as registrar and authenticating agent ~ instrument of transfer in a form ed. Whenever any Bond shall be Bondowner Representative shall Bonds after the initial delivery of ,~to as Exhibit A, shall be physical a book-entry only system unless ;ole discretion; in whole, to an entity that is a ,qiver to the Authority an investor's ~ot authenticate or register a Bond ~n satisfied. the payment by the Bondholder ~mental charge required to be paid ~erwise be made without charge to lng any Bonds and any services resentative in connection therewith hereby appoints the Bondowner )r the Bonds. The Bondowner Representative will keep or cause to be kept at its Princ pal Office sufficient books for the transfer of the Bonds, which shall at all reasonable times ipon reasonable notice be open to inspection by the Authority and the Borrower; and, upon )resentation for such purpose, the Bondowner Representative as registrar shall, under suci"l reasonable regulations as it may prescribe, transfer or cause to be transferred, on said books Bonds as hereinbefore provided. ARTICLE III ISSUANCE OF BONDS; APPLICATIOI~ Section 3.0t. Authentication and Delivery of th~ delivery of this Indenture, the Authority shall execute th Bondowner Representative. Thereupon, and upon satisfact Section, and without any further action on the part Representative shall authenticate the Bonds in an aggreg; the Authorized Amount, and shall deliver them pursuant tc OF PROCEEDS Bonds. Upon the execution and Bonds and deliver them to the )n of the conditions set forth in this )f the Authority, the Bondowner ~te principal amount not exceeding the Written Order of the Authority hereinafter mentioned· Prior to the authentication and de.livery of any of the Bonds by the Bondowner Representative, there shall have been delivered to the Bondowner Representative each of the following: ~ / (i) a Certified Resolution authorizing issuance of the Bonds and execution and delivery by the Authority of this Indenture and the Loan Agreement; receipt (ii) original executed counterparts of this I Deed of Trust and all of the other Loan Documents all in form and content satisfactory to the Bondowne (iii) a Written Order of the Authority to authenticate and deliver the Bonds as directed in SL the Bondowner Representative, for the account of ti the initial principal amount of the Bonds; and (iv) written acknowledgement from the B conditions set forth in Section 3.1 of the Loan Agree has received such other items as it may require as Indenture. The initial Bondowner shall acknowledge its receipt shall contain a representation by the initial Bondowr denture, the Loan Agreement, the as defined in the Loan Agreement), Representative; [he Bondowner Representative to ch Written Order, upon payment to ~e Authority, of an amount equal to )ndowner Representative that the nent have been satisfied and that it a condition to its execution of this f the Bonds in writing, which written ,er to the effect that so long as it is the owner of the Bonds the Bondowner Representative sh; II be the same entity, or an affiliate of the same entity, that is the owner of the Bonds. Section 3.02. Application of Proceeds of Bond~. The proceeds received on the Closing Date by the Authority from the sale of the Bonds sh~ll be deposited w~th the Bondowner Representative, who shall immediately transfer such proceeds to the trustee under the Prior Indenture to be used to pay a portion of the redemption pr outstanding principal amount of the 1994 Bonds. Said appli shall constitute the funding of the Loan under Section 3.2 ¢ of the Bond proceeds to pay such portion of the redemp constitute a prepayment in full of the outstanding princip~ Authority to the Borrower under the terms of the Prior Loan in the Loan Agreement). -10- ce of the 1994 Bonds equal to the :ation of the proceeds of the Bonds the Loan Agreement, and the use :ion price of the 1994 Bonds shall I amount of the loan made by the ~,greement (as such term is defined ARTICLE IV REDEMPTION OF BON[ Section 4.01. Circumstances of Redemption. Ti' upon the circumstances, on the dates and at the prices set f, (a) The Bonds shall be subject to redemptio~ a price equal to the principal amount of Bonds to I thereon to the date fixed for redemption, plus a premium payable pursuant to the Loan Agreemenl payment or prepayment of the Loan Agreement (~ terms of the Loan Agreement), upon scheduled p~ Agreement in whole or in part. (b) The Bonds shall be subject to redempti equal to the principal amount of Bonds to be redeerr the date fixed for redemption, plus a premium equa connection with the prepayment of the Loan Agreerr the Loan Agreement), upon the occurrence of an Ev in the Loan Agreement and a written request of th( redemption in full of the Bonds occur. The Bondowner Representative is hereby authorize, ~S e Bonds are subject to redemption )rth as follows: ~ in whole or in part on any date, at ie redeemed plus interest accrued premium equal in amount to any in connection with the scheduled ~ required or permitted under the fment or prepayment of the Loan )n in whole on any date at a price ed plus interest accrued thereon to in amount to any premium paid in ent (as required under the terms of ~nt of Default under and as defined Bondowner Representative that a and directed, and hereby agrees, to fix the date for any such redemption, and, if Revenues are available, to redeem the Bonds so called on the date so fixed by the Bondowner Representative. If there is more than one Bondowner as of any date of redemption, Bonds shall I Bondowners. So long as there is only one Bondowner, the Bond in connection with any redemption of Bonds. Section 4.02. No Notice of Redemption. No noti( be given. Section 4.03. Effect of Redemption. Moneys for Bonds being held by the Bondowner Representative, the B~ on the redemption date selected by the Bondowner Repre,' at the redemption price specified herein, interest on the B, )e redeemed pro rata among the Bondowner need not surrender its of redemption of the Bonds need payment of the redemption price of ~nds so called for redemption shall, entative, become due and payable Inds so called for redemption shall cease to accrue, said Bonds shall cease to be entitled to any Indenture, and the holders of said Bonds shall have no receive payment of the redemption price thereof. -11- lien, benefit or security under this 'ights in respect thereof except to ARTICLE V REVENUES Section 5.01. Pledge of Revenues. All of the Revenues are hereby irrevocably pledged to the punctual payment of the principal of and in!~rest on the Bonds. The Authority also hereby transfers in trust, grants a security interest in and assigns to the Bondowner Representative, for the benefit of the holders from time to ti~ne of the Bonds all of its right, title and interest in (a) the Revenues, (b) amounts on deposit in any fund or account created hereunder or under the Loan Agreement and held by the Deed of Trust, (d) the Loan Agreement (except for the rig 2.3, 2.4, 5.1(b), 5.1(d), 5.1(e), 6.7 and 7.4 thereof), and (e} referenced in the Loan Agreement as security for the repayn All Revenues and all amounts on deposit in the fun( or under the Loan Agreement and held by the Bondowner F for the benefit of the holders from time to time of the disbursed, allocated and applied solely for the uses and p~ Article V. Neither the Authority (or any member of the goverr executing the Bonds is liable personally on the Bonds or accountability by reason of their issuance. The Bonds are and are not a debt, nor a pledge of the faith and credit, of political subdivisions (other than the Authority to the limited are they liable on the Bonds, nor are the Bonds payable 3ondowner Representative, (c) the ~ts of the Authority under Sections any other amounts or agreements ~ent of the Bonds. Is and accounts created hereunder ',epresentative shall be held in trust Bonds, but shall nevertheless be ~rposes hereinafter set forth in this lng board thereof) nor any person subject to any personal liability or limited obligations of the Authority lhe State of California or any of its .~xtent set forth herein), and neither at of any funds or properties other than those of the Authority expressly pledged for the paymeot thereof hereunder. The Bonds do not constitute an indebtedness within the meaning of ar~y constitutional or statutory debt limitation. The issuance of the Bonds shall not directly or indirectly or contingently obligate the State of California or any political subdivision thereof to lev whatever therefore er to make any appropriation for their pal The Authority shall not be liable for payment of the or any other costs, expenses, losses, damages, claims or any conceivable theory, under or by reason of or in connect any other documents, except only to the extent amounts ar from the Borrower under the Loan Agreement. Section 5,02. Bond Fund. or to pledge any form of taxation ment. rincipal of or interest on the Bonds ~ctions, of any conceivable kind on )n with this Indenture, the Bonds or received for the payment thereof (a) Whenever (i) there is more than one I ]ndholder, or (ii) the Bondowner Representative and the Bondholder are not the sa ne entity or affiliates of the same entity, there shall be created with the Bondowner Re~)resentative a separate fund which shall be designated the "Bond Fund," which fund shal~be applied only as provided in this Section. The Bondowner Representative shall depqsit in the Bond Fund from time to time, upon receipt thereof, all Revenues, including (i) income received from the investment of moneys on deposit in the Bond Fut~d, and (ii) any other Revenues, including insurance proceeds, condemnation awa~ prepayments received from or for the account of the I Moneys in the Bond Fund shall be used solel, and premium, if any, and interest on the Bonds as tl~ -12- :is and other Loan payments or ~orrower. for the payment of the principal of ._. same shall become due, whether at maturity or upon redemption or acceleration or ¢ principal of or interest on the Bonds is due and paya shall pay such amount from the Bond Fund. (b) Notwithstanding any other provision of thi is only one Bondholder and that entity is the Representative or an affiliate thereof, any payment o Bondowner Representative shall be deemed to be Bonds, and no Bond Fund shall be created hereundE that amounts so paid on the Loan be deposited to an Section 5.03. Investment of Moneys. Except as therwise. On each date on which the Bondowner Representative Indenture, to the extent that there same entity as the Bondowner the Loan from the Borrower to the ~ payment by the Authority on the r and there shall be no requirement such Bond Fund. otherwise provided in this Section, any moneys in the Bond Fund (to the extent such fund is reRuired to be created under Section 5.02(a) hereof) shall be invested by the Bondowner Representative in Investment Securities selected and directed in writing by the Borrower, with respect to which payments of principal thereof and interest thereon are scheduled or otherwise pay~able not later than one day prior to the date on which it is estimated that such moneys will be required by the Bondowner Representative. In the absence of such directions, the Bondowner Representative shall invest such monies in Investment Securities described in clause~b) of the definition thereof. The Bondowner Representative shall have no liability or responsibility for any loss resulting from any investment made in accordance with this Section 5.03. / / Except as otherwise provided in the next sentepce, all investments of amounts deposited in any fund or account created by or pursuant to this Indenture, or otherwise containing gross proceeds of the Bonds (within the meaning of Section 148 of the Code) shall be acquired, disposed of, and valued (as of the date that va or the Code) at Fair Market Value. Investments in funds or are subject to a yield restriction under applicable provisions present value (within the meaning of Section 148 of the Cod. shall have no duty to determine Fair Market Value or presenl For the purpose of determining the amount in an Securities credited to such fund or account shall be valueC shall be measured exclusive of accrued interest) after the purchase. Any interest, profit or loss on such investment of mor credited or charged to the respective funds or accounts from The Bondowner Representative may sell or present fc purchased whenever it shall be necessary in order to prov and the Bondowner Representative shall not be liable or res such sale or redemption. The Bondowner Representative may make any and; Section 5.03 through its own trust or banking department department reasonable, customary fees for placing suc Representative and its affiliates may act as principal, agent, respect to Investment Securities under this Section 5.03. The Authority (and the Borrower by its execution of ti that to the extent regulations of the Comptroller of the Curr entity grant the Authority or the Borrower the right to -13- uation is required by this Indenture accounts (or portions thereof) that ~f the Code shall be valued at their .~). The Bondowner Representative value hereunder. fund or account, all Investment at the lower of cost or par (which first payment of interest following eys in any fund or account shall be which such investments are made. r redemption any obligations so de moneys to meet any payment, ~onsible for any loss resulting from ~11 investments permitted under this or any affiliate and may pay said investments. The Bondowner sponsor, advisor or depository with le Loan Agreement) acknowledges .,ncy or other applicable regulatory ceive brokerage confirmations of security transactions as they occur, the Authority and tte Borrower will not receive such confirmations to the extent permitted by law. The Bondowner Representative will furnish the Borrower and the Authority (to the extent requested by it) p~riodic cash transaction statements which include detail for all investment transactions made by the Bondowner Representative hereunder. Section $,04, Assignment to Bondowner ,epresentative; Enforcement of Obligations. The Authority hereby transfers, assigns l~d sets over to the Bondowner Representative, for the benefit of the Bondholders, and the Bondowner Representative hereby accepts, all of the Revenues, all moneys at any time held in he funds and accounts established hereunder and any and all rights and privileges the Authorit~ for the Authority's rights under Sections 2.3, 2.4, 5.1(d), 5.1' and any Revenues which are collected or received by the AL and to have been collected or received, by the Authorit) Representative, and shall forthwith be paid by the Authority Upon the occurrence of an Event of Default actually kno~ Bondowner Representative, the Bondowner Representativ( has under the Agreement (except e), 6.7 and 7.4 of the Agreement); thority shall be deemed to be held, as the agent of the Bondowner to the Bondowner Representative. n to a Responsible Officer of the also shall be entitled to take all steps, actions and proceedings reasonably necessary in its judgment: (a) to enforce the terms, covenants and conditions of, and preserve and protect the )riority of its interest in and under, the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement) and (b) to request compliance wth all covenants, agreements ["nd conditions on the part of the Authority contained in this Indenture with respect to the Revenues. -14- ARTICLE VI COVENANTS OF THE AUTH Section 6.0t. Payment of Principal and Interest. but only out of Revenues as herein provided, the principa any) to become due in respect of every Bond issued hereur the manner provided herein and in the Bonds, according to When and as paid in full, all Bonds shall be delivered to shall forthwith be destroyed. Section 6.02. Paying Agents. The Authority, Bondowner Representative, may appoint and at all times such place or places as the Authority may designate, for the interest (and premium, if any) on, the Bonds. It Representative to make such arrangements with any such and feasible to assure, to the extent of the moneys held by such payment, the availability of funds for the prompt payn and premium, if any, on the Bonds presented at either pla initially appointed hereunder is the Bondowner Representati\ Section 6.03. Preservation of Revenues; Amendn shall not take any action to interfere with or impair the pie Revenues and the assignment to the Bondowner Represent~ the Agreement and the Deed of Trust, or the Bondowner R rights hereunder or thereunder, shall not take any action to of the Agreement or the Deed of Trust, and shall not waive provision of or permit any amendment of the Agreement or written consent of the Bondowner Representative. Section 6.04. Compliance with Indenture. The A ~RITY 'he Authority shall punctually pay, and the interest (and premium, if ~der at the times and places and in le true intent and meaning thereof. ~e Bondowner Representative and with the written approval of the ave one or more paying agents in e payment of the principal of, and ill be the duty of the Bondowner )aying agent as may be necessary the Bondowner Representative for ~ent of the principal of and interest ce of payment. The paying agent e. lent of Documents. The Authority dge and assignment hereunder of itive of rights of the Authority under ,~presentative's enforcement of any impair the validity or enforceability any of its rights under or any other :he Deed of Trust, without the prior Jthority shall not issue, or permit to be issued, any Bonds secured or payable in any mann~ out of Revenues other than in accordance with the provisions of this Indenture; it being understood that the Authority reserves the right to issue obligations payable from and secured by and the assets assigned herein. The Authority shall not s~ under this Indenture, but shall faithfully observe and per-[orr requirements hereof. So long as any Bonds are outstandir suffer to be created any pledge, lien or charge of any type the Revenues, other than the lien of this indenture. Section 6.05. Further Assurances. Whenever an< sources other than the Revenues iffer or permit any default to occur 1 all the covenants, conditions and g, the Authority shall not create or whatsoever upon all or any part of I so often as requested so to do by execute and deliver or cause to be the Bondowner Representative, the Authority shall promptly executed and delivered all such other and further instrume~ts, documents or assurances, and promptly do or cause to be done all such other and further things, as may be necessary or reasonably required in order to further and more fully vest~n the Bondowner Representative and the Bondholders all of the rights, interests, powers, b~nefits, privileges and advantages conferred or intended to be conferred upon them by this Indenture and to perfect and maintain as perfected such rights, interests, powers, benefits, privileges and advantages. / -15- or had been deliberately and intentionally taken, on the date have caused the Bonds to be "arbitrage bonds" within the Code and Regulations promulgated thereunder, Section 6.07. Limitation of Expenditure of Proce~ Authority, all of the proceeds of the Bonds will be used to p; of the 1994 Bonds equal to the outstanding principal amount Section 6.08. Rebate of Excess Investment Authority hereby covenants to cause the Borrower (solely the Loan Agreement) to calculate or cause to be calculated extent required by Section 148(f) of the Code, and the Be amount equal to excess investment earnings to the Unit Regulations, all at the sole expense of the Borrower. Section 6.09. Limitation on Issuance Costs. To t none of the proceeds of the Bonds will be used to pay Issuance Costs. Section 6.10. Federal Guarantee Prohibition. Tt permit nor suffer any action to be taken if the result of the sa be "federally guaranteed" within the meaning of Section 149 Section 6.11. Prohibited Facilities. To the be portion of the proceeds of the 1994 Bonds were used, an¢ used, to provide any airplane, skybox or other private lux~ of the issuance of the Bonds would meaning of Section 148(a) of the ~ds. To the best knowledge of the ~y a portion of the redemption price of the 1994 Bonds. arnings to United States. The ' the inclusion of Section 6.14(j) in excess investment earnings to the rrower shall cause payment of an ~d States in accordance with the ~e best knowledge of the Authority, ~r, or provide for the payment of, Authority shall take no action nor ~ne would be to cause the Bonds to b) of the Code. knowledge of the Authority, no no proceeds of the Bonds will be iry box, health club facility, facility primarily used for gambling, or store the principal business of which is the sale of alcoholic beverages for consumption off premises. To the best knowl 9dge of the Authority, no portion of the proceeds of the 1994 Bonds were used, and no proceecJs of the Bonds will be used, for an office unless the office is located on the premises of the f~ unless not more than a de minimis amount of the functions t, related to the day-to-day operations of the Project. Section 6.12. Use Covenant. The Authority shall r of any proceeds of Bonds or any other funds of the Autl manner, and shall not take or permit to be taken any other a in any of the Bonds being treated as an obligation not d( 141(e) of the Code by reason of such Bond not meeting the 144(a) of the Code. Section 6.13. Immunities and Limitations of R Authority shall be entitled to the advice of counsel (who, ex( counsel for any Bondholder), and the Authority shall be wh, omitted in good faith in reliance on such advice. The Auff communication or other document furnished to it hereunder genuine. The Authority shall not be liable for any action cilities constituting the Project and be performed at such office is not use or knowingly permit the use Iority, directly or indirectly, in any ;tion or actions, which would result scribed in Sections 144(a)(1) and applicable requirements of Section ~sponsibility of Authority. The ept as otherwise provided, may be )lly protected as to action taken or ority may rely conclusively on any ~nd reasonably believed by it to be (a) taken by it in good faith and reasonably believed by it to be within its discretion or powers hereunder, or (b) in good faith omitted to be taken by it because such action was reaspnably believed to be beyond its discretion or powers hereunder, or (c) taken by it pursuant to any direction or instruction by which it is governed hereunder, or (d) omitted to be taken Iby it by reason of the lack of any direction or instruction required hereby for such action; ror shall it be responsible for the consequences of any error of judgment reasonably made bi it. The Authority shall in no event -16- be liable for the application or misapplication of funds or for other acts or defaults by any person, except its own officers and employees. When any ~ayment or consent or other action by it is called for hereby, it may defer such action pending r~ceipt of such evidence (if any) as it may require in support thereof. The Authority shall not be r~quired to take any remedial action (other than the giving of notice) unless indemnity in a form acceptable to the Authority is furnished for any expense or liability to be incurred in con~ection with such remedial action, other than liability for failure to meet the standards set forth in this Section. The Authority shall be entitled to reimbursement from the Borrower for its~xpenses reasonably incurred or advances reasonably made, with interest at the rate of inter~st on the Bonds, in the exercise of its rights or the performance of its obligations hereunder~to the extent that it acts without previously obtaining indemnity. No permissive right or poller to act which the Authority may have shall be construed as a requirement to act; and no delay in the exercise of a right or power shall affect its subsequent exercise of the right or po~ er. The Borrower has indemnified the Authority against ;ertain acts and events as set forth in Section 6.7 of the Loan Agreement. Such indemnity shal survive payment of the Bonds and discharge of the Indenture. -17- ARTICLE VII DEFAULT Section 7.01. Events of Default; Acceleration; following events shall constitute an "Event of Default" hereur (a) failure to pay the principal of or interest o~ amounts required under the terms of the Bonds; (b) failure to pay the redemption price of redemption under Section 4.01 (a) or 4.01 (b) hereof; (c) failure by the Authority to perform or agreements or conditions on its part in this Indenture continuation of such failure for a period of thirty (3( specifying such default and requiring the same to be the Authority and the Borrower by the Bondowner Re (d) receipt by the Authority of written notice f~ Waiver of Default. Each of the der: the Bonds on the dates and in the the Bonds on the date fixed for serve any other of the covenants, or in the Bonds contained, and the ) days after written notice thereof, remedied, shall have been given to 3resentative; or om the Bondowner Representative that any event of default has occurred under the previsions of the Loan Agreement or the Deed of Trust. / / No default specified in (c) above shall constitute an EVent of Default unless the Authority or the Borrower shall have failed to correct such default within the applicable period; provided, however, that if the default shall be such that it cannot be corrected within such period, it shall not constitute an Event of Default if corrective action is linstituted by the Authority or the Borrower within the applicable period and diligently pursued until the default is corrected; provided that the time elapsed until completion of corrective action shall not exceed one hundred eighty (180) days. With regard to any alleged default concerning which notice is given to the Borrower under the provisions of (c) above, the Autho~rity hereby grants the Borrower full authority for the account of the Authority to perform an! performance of which is alleged in said notice to constitute the Authority with full power to do any and all things and Authority could do and perform any such things and acts anc Following the occurrence of an Event of Default the I by notice in writing to the Authority and the Borrower, declar~ outstanding, and the interest accrued thereon, to be due a any such declaration the same shall become and shall anything in this Indenture or in the Bonds contained to the < pursue such other remedies as are permitted under appli( Upon any such declaration of acceleration, the Bondowner payment of the Bonds. The preceding paragraph, however, is subject to the the principal of the Bonds shall have been so declared < judgment or decree for the payment of the moneys due shal hereinafter provided, there shall have been deposited with sum sufficient to pay all the principal of the Bonds matured < such declaration and all matured installments of interest interest on such overdue installments of principal, and the re -18- covenant or obligation the non- ~ default in the name and stead of acts to the same extent that the with power of substitution. 3ondowner Representative may, (i) ; the principal of all the Bonds then 3d payable immediately, and upon )e immediately due and payable, ;ontrary notwithstanding, and/or (ii) able law or the Loan Documents. Representative shall fix a date for condition that if, at any time after lue and payable, and before any have been obtained or entered as the Bondowner Representative a ~r required to be redeemed prior to (if any) upon all the Bonds, with ~sonable fees and expenses of the Bondowner Representative, its agents and counsel, and ,nY and all other defaults actually known to a Responsible Officer of the Bondowner Represer tative (other than in the payment of principal of and interest on the Bonds due and payable sc ely by reason of such declaration) shall have been made good or cured to the satisfaction ol the Bondowner Representative or provision deemed by the Bondowner Representative to b~ adequate shall have been made therefore, then, and in every such case, the holders of at least a majority in aggregate principal amount of the Bonds then outstanding, by written notice to the Authority and to the Bondowner Representative and with indemnification satisfactory to the Bondowner Representative, may, on behalf of the holders of all the Bonds, rescind and annul suc and waive such default; but no such rescission, annulmen affect any subsequent default, or shall impair or exhau,' thereon. Section 7,02. Institution of Legal Proceedings t one or more of the Events of Default shall occur, the Bondo~ may proceed to protect or enforce its rights or the rights of or under this Indenture and the Agreement, by a suit in e¢ specific performance of any covenant or agreement contain, execution of any power herein or therein granted, or b proceeding for the enforcement of any other legal or e¢ Representative shall deem most effectual in support of any Section 7.03. Application of Moneys Collecte~ Any moneys collected by the Bondowner Representative declaration and its consequences or waiver shall extend to or shall any right or power consequent Bondowner Representative. If ler Representative in its discretion ',he holders of Bonds under the Act uity or action at law, either for the ;d herein or therein, or in aid of the ' mandamus or other appropriate Jitable remedy as the Bondowner f its rights or duties hereunder. by Bondowner Representative. )ursuant to Section 7.02 shall be applied in the order following, at the date or dates fixed by tl~e Bondowner Representative and, in the case of distribution of such moneys on account o~ principal (or premium, if any) or interest, upon presentation of the Bonds and stamping the~reon the payment, if only partially paid, and upon surrender thereof, if fully paid: First: For payment of all amounts due to the Section 8.06. Second: For deposit in the Bond Fund to be of all Bonds then due and unpaid and interest th~ Bondowner Representative under applied to payment of the principal ~reon with application as between principal and interest as the Bondowner Representative shall determine in its sole discretion; and if there is more than one Bondowr~er ratably to the persons entitled thereto without discrimination or preference. / / Third' For payment of all other amounts due from the Borrower to any person hereunder, under the Loan Agreement, or under the ~ Fourth: To the Borrower. Section 7.04. Effect of Delay or Omission to Purs of the Bondowner Representative or of any holder of Bor ~ther Loan Documents. ue Remedy. No delay or omission ds to exercise any right or power arising from any default shall impair any such right or power waiver of any such default or acquiescence therein, and eve Article VII to the Bondowner Representative or to the holde~ time to time and as often as shall be deemed expE Representative shall have proceeded to enforce any rig proceedings shall have been discontinued or abandoned I: reason, or shall have been determined adversely to the Bom -19- or shall be construed to be a ry power and remedy given by this s of Bonds may be exercised from dient. In case the Bondowner under this Indenture, and such ecause of waiver or for any other Iowner Representative, then and in every such case the Authority, the Bondowner Represents severally and respectively, shall be restored to their forme live and the holders of the Bonds, positions and rights hereunder in respect to the trust estate; and all remedies, rights and powers of the Authority, the Bondowner Representative and the holders of the Bonds shall continue ~3s though no such proceedings had been taken. / Section 7,05. Remedies Cumulative, No remedy herein conferred upon or reserved to the Bondowner Representative or to any holder of the B~nds is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter e~(isting at law or in equity. / Section 7.06. Covenant to Pay Bonds in Event of Default. The Authority covenants that, upon the happening of any Event of Default, the A~ Representative upon demand, but only out of Revenues, f Bonds, the whole amount then due and payable thereor interest or for principal, or both, as the case may be, any I may be due hereunder or secured hereby, including Bondowner Representative, its agents and counsel, and an the Bondowner Representative hereunder. In case the ~thority will pay to the Bondowner )r the benefit of the holders of the (by declaration or otherwise) for )remium, and all other sums which reasonable compensation to the / expenses or liabilities incurred by uthority shall fail to pay the same forthwith upon such demand, the Bondowner Represeqtative, in its own name and as Bondowner Representative of an express trust, and upon being indemnified to its satisfaction shall be entitled to ~nsbtute proceedings at law or ~n equity ~q any court of competent jur sd ct on to recover judgment for the whole amount due and unpaid, ~ogether with costs and reasonable attorneys' fees, subject, however, to the condition that such judgment, if any, shall be limited to, and payable solely out of, Revenues and any other assets 151edged, transferred or assigned to the Bondowner Representative under Section 5.04 as herei~ provided and not otherwise. The Bondowner Representative shall be entitled to recover s~ch judgment as aforesaid, either before or after or during the pendency of any proceedings fo~' the enforcement of this Indenture, and the right of the Bondowner Representative to recover s~uch judgment shall not be affected by the exercise of any other right, power or remedy for the epforcement of the provisions of this Indenture. L Section 7.07. Bondowner Representative Appointed Agent for Bondholders, The Bondowner Representative is hereby appointed the agbnt of the holders of all Bonds outstanding hereunder for the purpose of filing any claims relating to the Bonds. Section 7,08, Power of Bondowner RepresentatiVe.to Control Proceedings, In the event that the Bondowner Representative, upon the happ~mng of an Event of Default, shall have taken any action, by judicial proceedings or otherwise, pursuant to its duties hereunder, whether upon its own discretion or upon the written request of the holders of a majority in principal amount of the Bonds then outstanding, it shall ha~/e full power, in the exercise of its discretion for the best interests of the holders of the Bond~, with respect to the continuance, discontinuance, withdrawal, compromise, settlement or other' disposal of such action; provided, however, that the Bondowner Representative shall not, unless there no longer continues an Event of Default hereunder, discontinue, withdraw, compromise or settle, or otherwise dispose of any litigation pending at law or in equity, if at the time tl~ere has been filed with it a written request signed by the holders of at least a majority i~ principal amount of the Bonds outstanding hereunder opposing such discontinuance, with:lrawal, compromise, settlement or other disposal of such litigation. Section 7.09. Limitation on Bondholders' Righ~ issued hereunder shall have the right to institute any suit -20- to Sue. No holder of any Bond action or proceeding at law or in equity, for any remedy under or upon this Indenture, previously given to the Bondowner Representative written of Default hereunder; (b) the holders of at least a majority the Bonds then outstanding shall have made writtel Representative to exercise the powers hereinbefore grante proceeding in its own name; (c) said holders shall I- Representative indemnity satisfactory to it against the cc incurred in compliance with such request; and (d) the Bo~ refused or omitted to comply with such request for a period request shall have been received by, and said tender of indE Bondowner Representative. Such notification, request, tender of indemnity ar nless (a) such holder shall have 3tice of the occurrence of an Event aggregate principal amount of all request upon the Bondowner or to institute such action, suit or ave tendered to the Bondowner sts, expenses and liabilities to be ~downer Representative shall have 3f thirty (30) days after such written mnity shall have been made to, the refusal or omission are hereby declared, in every case, to be conditions precedent to the ~xercise by any holder of Bonds of any remedy hereunder; it being understood and intended that no one or more holders of Bonds shall have any right in any manner whatever by its or their action to enforce any right under this Indenture, except in the manner herein provided, and that enforce any provision of this Indenture shall be instituted, herein provided and for the equal benefit of all holders of th The right of any holder of any Bond to receive paym, if any) and interest on such Bond out of Revenues, as herei the respective due dates expressed in such Bond, or to ins! such payment on or after such respective dates, shall not II proceedings at law or in equity to had and maintained in the manner outstanding Bonds. ~nt of the principal of (and premium, and therein provided, on and after tute suit for the enforcement of any be impaired or affected without the consent of such holder, notwithstanding the foregoing prowsions provision of this Indenture. Section 7.10, Limitation of Liability to Revenue Indenture contained, the Authority shall not be required to the proceeds of taxes collected by the City of Temecula, political subdivision thereof or from any source of income c Revenues for any of the purposes mentioned in this Indent principal of or interest on the Bonds or for any other purpo., limited obligations of the Authority, and are payable from an -21- of this Section or any other ~. Notwithstanding anything in this advance any moneys derived from ~y the State of California or by any any of the foregoing other than the Jre, whether for the payment of the e of this indenture. The Bonds are t secured by the Revenues only. ARTICLE VIII THE BONDOWNER REPRESENTATIVE AND AGENTS Section 8.01. Duties, Immunities and Liabilitie of Bondowner Representative. The Bondowner Representative shall perform such duties and only such duties as are specifically set forth in this Indenture and no additional covenants or duties of the Bondowner Representative shall be implied in this Indenture. The Bpndowner Representative shall be liable for any failure to perform its duties and obligations hereunder only (a) to the holders of the Bonds, and (b) to the Issuer but as to the Issuer only witl~ respect to the performance of its express obligations under Sections 2.05, 2.06, 3.01, 3.02, 4t01, and 7.02, in each case subject to the provisions of this Indenture including the provisions of this Article VIII. In no event shall the Bondowner Representative have any liability to any o~her person or entity for failure to perform its duties and obligations hereunder. / / The Bondowner Representative shall, during the ~xistence of any Event of Default (which has not been cured or waived), exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in Its exercise, as reasonable persons familiar with such matters would exercise or use under similar circumstances in the conduct of their own affairs. No provision of this Indenture shall be conslrued to relieve the Bondowner t to the Issuer (but as to the Issuer tis Indenture identified in clause (b) Representative from liability to the holders of the Bonds an, only with respect to its obligations under those Sections of t of the second sentence of this Section 8.01) for its own failure to act, except that: (a) The duties and obligations of the determined solely by the express provisions Representative shall not be liable except for the obligations as are specifically set forth in this Inde~ obligations shall be read into this Indenture against in the absence of bad faith on the part of th~ Bondowner Representative may conclusively rely, a the correctness of the opinions expressed therei furnished to the Bondowner Representative conf¢ Indenture; (b) At all times, regardless of whether or not the Bondowner Representative shall not be liable good faith by a Responsible Officer or officers ;gligent action or its own negligent ndowner Representative shall be this Indenture, the Bondowner )erformance of such duties and ~ture, and no implied covenants or he Bondowner Representative; and Bondowner Representative, the to the truth of the statements and upon any certificate or opinion rming to the requirements of this any Event of Default shall exist, (1) 'or any error of judgment made in by any agent or attorney of the Bondowner Representative appointed with due ;are unless (except as otherwise provided in Section 8.01(f)) the Bondowner Represe ~tative was negligent in ascertaining the pertinent facts; and (2) the Bondowner Repr,~sentative shall not be liable with respect to any action taken or omitted to be taken ~/it in good faith in accordance with the direction of the Authority, accompanied by an ol)inion of Bond Counsel as provided herein or in accordance with the directions of the h( Iders of not less than a majority, or such other percentage as may be required hereund ', in aggregate principal amount of the Bonds at the time outstanding relating to the ti~e, method and place of conducting any proceeding for any remedy available to tl'le Bondowner Representative, or exercising any trust or power conferred upon the B0ndowner Representative under this Indenture; -22- (c) The Bondowner Representative shall n, deemed to have notice of any default hereunder or defaults under Section 7.01(a) or (b) hereof, unl Bondowner Representative shall be specifically notit Authority or the owners of at least a majority in aggr then outstanding; (d) Before taking any action under Article request or direction of the Bondholders, the Bondow a satisfactory indemnity bond be furnished by the Bo all expenses to which it may be put and to protect which is adjudicated to have resulted from its connection with any action so taken; (e) Upon any application or request ~t be required to take notice or be under the Loan Agreement, except .~ss a Responsible Officer of the ed in writing of such default by the 9gate principal amount of all Bonds VII hereof or this Section at the ler Representative may require that ~dholders, for the reimbursement of it against all liability, except liability ~gligence or willful misconduct in the Authority to the Bondowner Representative to take any action under any proviz,ion of this Indenture, the Authority shall furnish to the Bondowner Representative a CE rtificate of the Authority stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action have been complied with, and an Opinion of (~ounsel stating that in the opinion of such counsel all such conditions precedent, if any, h~ve been complied with, except that in the case of any such application or request a~ to which the furnishing of such documents is specifically required by any provisio~ of this Indenture relating to such particular application or request, no additional certifi( ate or opinion need be furnished; (f) The Bondowner Representative may exe, perform any duties hereunder either directly or th Bondowner Representative shall not be responsibl~ on the part of any agent or attorney appointed witl provision shall not prohibit any action against an negligent acts); ;ute any of the powers hereunder or 'ough agents or attorneys and the ; for any negligence or misconduct ~ due care by it hereunder (but this such agent or attorney for their (g) Neither the Authority nor the Borrower .. all be deemed to be agents of the Bondowner Representative for any purpose, and t le Bondowner Representative shall not be liable for any noncompliance of any of then~ in connection with their respective duties hereunder or in connection with the transactiohs contemplated hereby; / (h) The Bondowner Representative shall ~e entitled to rely upon telephonic notice for all purposes whatsoever so long a~s the Bondowner Representative reasonably believes such telephonic notice has been given by a person authorized to give such notice; (i) The immunities extended to the Bondow~ directors, officers and employees; (j) Under no circumstances shall the Bond( individual capacity for the obligations evidenced obligation of the Bondowner Representative to Bondholders, the various funds and accounts establ (k) No permissive power, right or reme, Representative hereunder shall be construed to im right or remedy; ler Representative also extend to its ,wner Representative be liable in its by the Bonds, it being the sole administer, for the benefit of the hed hereunder; conferred upon the Bondowner )ose a duty to exercise such power, -23- (I) The Bondowner Representative shall not 3e liable for any action taken or not taken by it in accordance with the direction of a majority in aggregate principal amount of Bonds Outstanding related to the exercise of any Iright, power or remedy available to the Bondowner Representative; and / / (m) The Bondowner Representative shall h~ve no duty to review any financial statements or budgets filed with it by the Borrower ur~der the Loan Agreement. / None of the provisions contained in this IndentlJre shall require the Bondowner Representative to expend or risk its own funds or otherwis~ the performance of any of its duties or in the exercise of an~ not therein expressly so provided, every provision of this Deed of Trust or any other document relating to the condu the liability of, or affording protection to, the Bondowner Re provisions of this Article VIII. incur individual financial liability in of its rights or powers. Whether or ldenture, the Loan Agreement, the ;t, powers or duties of, or affecting )resentative shall be subject to the Section 8.02. Right of Bondowner Representati, to Rely Upon Documents, Etc. Except as otherwise provided in Section 8.01: / (a) The Bondowner Representative may rely~ and shall be protected in acting or refraining from acting upon any resolution, certificalte, statement, instrument, opinion, report, notice, request, consent, order, bond or other paper or document reasonably believed by it to be genuine and to have been signe, or parties; (b) Any consent, demand, direction, electi, Authority mentioned herein shall be sufficiently evidE Demand, Written Direction, Written Election, WrittE Request of the Authority, and any resolution of the Bondowner Representative by a Certified Resolution (c) The Bondowner Representative may ( counsel for the Authority, counsel for the BondownE and the opinion of such counsel shall be full and cc in respect of any action taken or suffered by accordance with the opinion of such counsel; (d) Whenever in the administration o Representative shall deem it necessary or desir established prior to taking or suffering any action ht evidence in respect thereof be herein specifically I negligence or bad faith on the part of the BondownE conclusively proved and established by a Certit Certificate of the Authority shall, in the absence of n the Bondowner Representative, be full warrant to the action taken or suffered by it under the provisior thereof; and (e) The Bondowner Representative shall not into the facts or matters stated in any resolution, opinion, report, notice, request, direction, consent -24- I and presented by the proper party )n, notice, order or request of the nced by a Written Consent, Written n Notice, Written Order or Written Authority may be evidenced to the onsult with counsel (who may be r Representative or Bond Counsel) 'nplete authorization and protection hereunder in good faith and in this Indenture the Bondowner able that a matter be proved or ,reunder, such matter (unless other ,rescribed) may, in the absence of r Representative, be deemed to be cate of the Authority; and such ;gligence or bad faith on the part of Bondowner Representative for any of this Indenture upon the faith bound to make any investigation certificate, statement, instrument, order, bond, debenture or other paper or document, but the Bondowner Representati further inquiry or investigation into such facts or matt Section 8.03. Bondowner Representative Not recitals contained herein and in the Bonds shall be taken and the Bondowner Representative assumes no responsibi or for the correctness of the recitals in the Loan Agreeme~ shall have no responsibility with respect to any information. memorandum or other disclosure material prepared or dis The Bondowner Representative makes no representations assets pledged or assigned as security for the Bonds, or ~ Authority therein, or as to the security provided therel: Agreement or the Deed of Trust, or as to the compliance ¢ as to the tax-exempt status of the Bonds, or as to the te. Project, or as to the validity or sufficiency of this Indenture of the Bonds as obligations of the Authority. The Bond accountable for the use or application by the Authority of delivered hereunder or of the use or application of the proc or the Borrower or their agents. Section 8.04. Intervention by Bondowner Rep during any period in which the Bondowner Representative the Bondowner Representative may intervene on behalf judicial proceeding to which the Authority is a party and wh Representative and its counsel, has a substantial bearin! Bonds and, subject to the provisions of Section 8.01(d), sh~ owners of a majority in aggregate principal amount of all Bo ye, in its discretion, may make such .~rs as it may see fit. Responsible for Recitals. The as the statements of the Authority, lity for the correctness of the same it. The Bondowner Representative statement or recital in any offering ~ributed with respect to the Bonds. as to the value or condition of any s to the right, title or interest of the y or by this Indenture, the Loan f the Project with applicable law, or hnical or financial feasibility of the as an instrument of the Authority or 3wner Representative shall not be any of the Bonds authenticated or ~eds of such Bonds by the Authority 'esentative. So long as and only is not the sole owner of the Bonds, of the owners of the Bond in any ch, in the opinion of the Bondowner on the interests of owners of the II do so if requested in writing by the ~ds then outstanding. Section 8.05. Moneys Received by Bondowner Representative to be Held in Trust. So long as and only during any period in which the Bondowner Representative or an affiliate thereof is not the sole owner of the Bonds, all moneys received by the Bondowner Representative shall, until used or applied as herein providf~d, be held in trust for the purposes for which they were received but need not be segregated from other funds except to the extent required by law or as otherwise provided herein. The Bondowner Representative sha be under no liability for interest on any moneys received by hereunder except such as it may agree with the Authority to pay thereon. Section 8.06. Compensation and Indemnificati and Agents. The Borrower is required under the Loan Agr, Representative reasonable compensation for all services the other agreements related to the Bonds to which it expressly provided herein, to reimburse the Bondowner R of Bondowner Representative ement: (1) to pay to the Bondowner ndered by it hereunder and under a party; (2) except as otherwise ,resentative upon its request for all reasonable expenses, disbursements and advances incI Representative in accordance with any provision of this Indt the Bonds to which the Bondowner Representative is a pa request made by the Authority with respect to the compensation and the expenses and disbursements of il such expense, disbursement or advance attributable in wh or willful misconduct; (3) to indemnify the Bondowner harmless against, any loss, liability or expense incurred misconduct on its part, arising out of or in connection with the duties of the Bondowner Representative under this -25- · red or made by the Bondowner nture or other agreement related to ty or incurred in complying with any Bonds (including the reasonable s agents and counsel), except any 31e or in part to its gross negligence Representative for, and to hold it without gross negligence or willful the acceptance or administration of Indenture, including the costs and expenses of defending itself against any claim or liability performance of any of its powers or duties hereunder or which the Bondowner Representative is a party; and Representative for any reasonable fees incurred during a I property, other than cash, shall at any time be held by the B this Indenture, or any supplemental indenture, as secur Representative, if and to the extent authorized by a receiv, competent jurisdiction or by the instrument subjecting suc Indenture as such security for the Bonds, shall be entitled in connection with the exercise or other agreement related hereto to (4) to indemnify the Bondowner )eriod of default hereunder. If any )ndowner Representative subject to ty for the Bonds, the Bondowner ;rship, bankruptcy or other court of ~ property to the provisions of this ~ut not obligated to make advances for the purpose of preserving such property or of dischar, g tax liens or other prior liens or encumbrances thereon. The rights of the Bondowner ~ )resentative to compensation for services and to payment or reimbursement for expend;es, disbursements, liabilities and advances shall have and is hereby granted a lien and a security interest prior to the Bonds in respect of all property and funds held or collected by the I~ondowner Representative as such, except funds held in trust by the Bondowner RepresentatiVe for the benefit of the holders of he benefit of the Bondholders and particular Bonds, which amounts shall be held solely for 1 used only for the payment of principal of and premium, if a Bondowner Representative's rights to immunities, inderr hereunder and its rights to payment of its fees and expe~ removal and final payment of the Bonds, Section 8.07. Qualifications of Bondowner Repr be a Bondowner Representative hereunder which shall be; organized and doing business under the laws of the Unite ~y, and interest on the Bonds. The nities and protection from liability ~ses shall survive its resignation or .~sentative. There shall at all times corporation or banking association States or of a state thereof. Any change in the Bondowner Representative shall be only at th, written request of a majority of the principal amount of all of the Bonds outstanding, and any st ;cessor Bondowner Representative shall be the owner of a majority in principal amount of the B~nds then Outstanding or an affiliate thereof, or a person selected by the owner(s) of a majority, in principal amount of the Bonds then Outstanding who is reasonably acceptable to the A~thority. Any successor Bondowner Representative shall acknowledge its acceptance of its obligations under this Indenture by a written instrument delivered to the Authority, the Borrower And, if the successor is not the sole owner of all of the Bonds then Outstanding, the Bondowner{. Section 8.08. Merger or Consolidation of corporation or association into which the Bondowner Re which it may be consolidated, or any corporation or ass( consolidation to which the Bondowner Representative sha association succeeding to the corporate trust business of ti be the successor of the Bondowner Representative hereun any paper or any further act on the part of any of the p~ contrary notwithstanding, provided that such successor E eligible under the provisions of the first sentence of Section Section 8.09. Dealing in Bonds. The Bondow~ ondowner Representative. Any 'esentative may be merged or with iation resulting from any merger or II be a party, or any corporation or ~e Bondowner Representative, shall ~er without the execution or filing of rties hereto, anything herein to the londowner Representative shall be 8.07. ~er Representative, in its individual capacity, may in good faith buy, sell, own, hold and deal ir~ any of the Bonds, and may join in any action which any Bondholder may be entitled to take with like effect as if it did not act in any capacity hereunder. The Bondowner Representative principal or agent, may also engage in or be interested in the Authority, and may act as depository, Bondowne committee or body of Bondholders secured hereby or other as if it did not act in any capacity hereunder. -26- its individual capacity, either as ~y financial or other transaction with Representative or agent for any obligations of the Authority as freely ARTICLE IX MODIFICATION OF INDEN Section 9.0t. Modification of Indenture. Witl Bondowners, the Authority and the Bondowner Represent~ any time enter into an indenture or indentures supplement any provisions to or changing in any manner or elimin~ indenture or of any supplemental indenture. Upon receipt I, a Certified Resolution authorizing the execution of any suct the written consent of the Bondowners thereto, the Bone supplemental indenture is acceptable in form and substanc~ join with the Authority in the execution of such suPl supplemental indenture affects the rights or obligations of ti Loan Agreement, in which case the Bondowner Rep supplemental indenture only if the Bondowner Represenl written consent thereto. Section 9.02. Effect of Supplemental Indentr FURE ~ the prior written consent of the ~tive may from time to time and at ~1 hereto for the purpose of adding ting any of the provisions of this ~ the Bondowner Representative of supplemental indenture, and upon owner Representative shall, if the ~ to the Bondowner Representative, )lemental indenture, unless such ~e Borrower hereunder or under the esentative shall enter into such ative has received the Borrower's ~re. Upon the execution of any supplemental indenture pursuant to the provisions of this A licle IX, this Indenture shall be and be deemed to be modified and amended in accordance tl~erewith, and the respective rights, duties and obligations under this Indenture of the Authority, ~the Bondowner Representative and all holders of outstanding Bonds shall thereafter be delermined, exercised and enforced hereunder subject in all respects to such modifications and~mendments, and all the terms and conditions of any such supplemental indenture shall be par~ of the terms and conditions of this Indenture for any and all purposes. / Section 9.03, Opinion of Counsel as to Supplemental Indenture. Subject to the provisions of Section 8.01, the Bondowner Representative Shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Couns( supplemental indenture executed pursuant to the provision: permitted by this Indenture. Section 9.04. Notation of Modification on Bo~ Bonds authenticated and delivered after the execution of a to the provisions of this Article IX may bear a notation, Representative and the Authority as to any matter provided and if such supplemental indenture shall so provide new E the opinion of the Bondowner Representative, the Bone modification of this Indenture contained in any such supple as conclusive evidence that any of this Article IX is authorized and ds; Preparation of New Bonds. ~y supplemental indenture pursuant form approved by the Bondowner for in such supplemental indenture, :)nds, so modified as to conform, in owners and the Authority, to any mental indenture, may be prepared and authenticated by the Bondowner Representative and delivered without cost to the holders of the Bonds then outstanding, upon surrender for car :ellation of such Bonds in equal aggregate principal amounts. -27- ARTICLE X DEFEASANCE Section 10.01. Discharge of Indenture. If the outstanding shall be paid and discharged in any one or mor~ (a) by the payment of the principal of (includi interest on all Bonds outstanding; or (b) by the delivery to the Bondowner Repre.· Bonds outstanding; and if all other sums payable hereunder by the Authority sh; in that case this Indenture shall cease, terminate and becon Representative shall forthwith execute proper instruments discharging this Indenture. The fees, expenses and charg( (including reasonable counsel fees) must be paid in orc satisfaction and discharge of this Indenture shall be wit entire indebtedness on all Bonds of the following ways: ~g redemption premium, if any) and entative, for cancellation by it, of all be paid and discharged, then and ~e null and void, and the Bondowner acknowledging satisfaction of and s of the Bondowner Representative er to effect such discharge. The lout prejudice to the rights of the Bondowner Representative to charge and be reimbursed b the Borrower for any expenditures which it may thereafter incur in connection herewith. / The Authority or the Borrower may at anytine surrender to the Bondowner Representative for cancellation by it any Bonds previousl) the Authority or the Borrower lawfully may have acquired ir Bonds upon such surrender and cancellation shall be deem Section 10.02. Payment of Bonds after Discha any provisions of this Indenture, any moneys deposited wi1 any paying agent in trust for the payment of the principal Bonds remaining unclaimed for two (2) years after the princ become due and payable (whether at maturity or upon call provided in this Indenture), shall then be paid to the Auth( shall thereafter be entitled to look only to the Authority f( extent of the amount so paid to the Authority, and all liabili or any paying agent with respect to such moneys shall th payment of any such moneys to the Authority as aforesaid of which such moneys were deposited shall thereafter be c the Authority for amounts equivalent to the respective an' such Bonds and so paid to the Authority (without interest th -28- authenticated and delivered which any manner whatsoever, and such .~d to be paid and retired. 'ge of Indenture. Notwithstanding h the Bondowner Representative or of, or interest or premium on, any pal of all the outstanding Bonds has for redemption or by declaration as rity, and the holders of such Bonds payment thereof, and only to the ' of the Bondowner Representative 'eupon cease. In the event of the the holders of the Bonds in respect eemed to be unsecured creditors of ounts deposited for the payment of ;reon). ARTICLE Xl MISCELLANEOUS Section 11.0t. Successors of Authority. All th, covenants, stipulations, promises and agreements in this Indenture contained, by er on bel~alf of the Authority, shall bind and inure to the benefit of its successors and assigns, whether so expressed or not. If any of the powers or duties of the Authority shall hereafter be transferred by any law of the State of California, and if such transfer shall relate to any matter or thing permitted or required to be done under this Indenture by the Authority, then the body o¥ official who shall succeed to such powers or duties shall act and be obligated in the place Indenture provided. Section 11.02. Limitation of Rights to Parties Indenture or in the Bonds expressed or implied is intended person other than the Authority, the Bondowner Represent of the Bonds issued hereunder any legal or equitable right, of this Indenture or any covenant, condition or provision such covenants~ conditions and provisions are and shall be benefit of the Authority, the Bondowner Representative Bonds issued hereunder. Section 11.03. Waiver of Notice. Whenever ~n mail or otherwise is required, the giving of such notice m; entitled to receive such notice and in any such case the giv be a condition precedent to the validity of any action taken Section '11.04. Destruction of Bonds. Wheneve~ for the cancellation by the Bondowner Representative and Bonds, the Bondowner Representative may, in lieu of suc such Bonds and deliver a certificate of such destruction to Section 1t.05. Separability of Invalid Provisio provisions contained in this Indenture or in the Bonds shall illegal or unenforceable in any respect, such invalidity, ill affect any other provision of this Indenture, but this Inde~ invalid or illegal or unenforceable provision had never been Section 11.06. Notices. All notices, certificat communications provided for hereunder or under the Loa~ shall be (a) personally delivered, (b) sent by first class Unit, courier of national reputation, or (d) transmitted by telec¢ party to whom notice is being given at its address as ~d stead of the Authority as in this ~nd Bondholders. Nothing in this or shall be construed to give to any ~tive, the Borrower and the holders remedy or claim under or in respect herein or herein contained; and all ~eld to be for the sole and exclusive e Borrower and the holders of the ~is Indenture the giving of notice by be waived in writing by the person lg or receipt of such notice shall not reliance upon such waiver. in this Indenture provision is made the delivery to the Authority of any 1 cancellation and delivery, destroy ~e Authority. 3. In case any one or more of the 'or any reason be held to be invalid, ;gality or unenforceability shall not iture shall be construed as if such ;ontained herein. .~s, requests, demands and other ~ Agreement shall be in writing and .~d States mail, (c) sent by overnight py, in each case addressed to the set forth below and, if telecopied, transmitted to that party at its telecopier number set forth below or, as to each party, at such other address or telecopier number as may hereafter be d~signated by such party in a written notice to the other party complying as to delivery with tl~e terms of this Section. All such notices, requests, demands and other communications sha (a) the date received if personally delivered, (b) when depc (c) the date sent if sent by overnight courier, or (d) the telecopy. -29- I be deemed to have been given on sited in the mail if delivered by mail, late of transmission if delivered by The initial notice address for the Authority, the Borrower are as follows: The Authority: The Bondowner Representative: The Borrower: )ndowner Representative and the / Industrial DevelOpment Authority of the City of Temecula 43200 Business Park Drive Temecula, Calif(~rnia 92590 Attention: Directpr of Finance Telephone: (909) 694-6430 Telecopier: (909.[) 694-6479 GE Capital Publlc Finance, Inc. 8400 Normandale Lake Boulevard Minneapolis, M~ 55437 Telephone: (80q) 346-3164 Telecopier: (951) 897-5601 Tension Envelope Corporation 819 East 19th Sileet Kansas City, Mq) 64108 Attention: Vice I ~resident - Finance Telephone: (81~ I 283-1440 Telecopier: (81( ~ 283-9893 Section 11.07. Authorized Representatives. WI' Indenture the approval of the Authority or the Borrower is re the Authority or the Borrower is required to deliver any noti; such notice or other writing shall be given, respectively, Authorized Authority Representative or on behalf of the B( Representative, and the Authority, the Bondowner Repres authorized to act on any such approval or notice or other' the Borrower shall have any complaint against the others as ;never under the provisions of this :luired for any action, and whenever ;e or other writing, such approval or on behalf of the Authority by the ,rrower by the Authorized Borrower .=ntative and the Borrower shall be vriting and neither party hereto nor a result of any such action taken. Section tl.08. Evidence of Rights of Bondhol, lers. (a) Any request, consent or other instrument required by this Indenture to be signed an~ executed by Bondholders may be in any number of concurrent writings of substantially similar tenor and may be signed or executed by such Bondholders in person or by agent or agents duly appointed in writing. Proof of the execution of any such request, consent or other instrument or of a writing appointing any such agent, or of the ownership of any Bonds, shall be~sufficient for any purpose of this Indenture and shall be conclusive in favor of the Bondowner Representative and of the Authority if made in the manner provided in this Section. (b) The fact and date of the execution by any pers other instrument or writing may be proved by the affidavit ( the certificate of any notary public or other officer of any thereof to take acknowledgments of deeds, certifying tha on of any such request, consent or f a witness of such execution or by jurisdiction, authorized by the laws the person signing such request, consent or other instrument or writing acknowledged to him :he execution thereof. (c) The ownership of Bonds shall be proved by the Bond register maintained pursuant to Section 2.06 hereof. The fact and the date of execution of any request, consent or other instrument and the amount and distinguishing numbers Iof Bonds held by the person so executing such request, consent or other instrument may -30- ~lso be proved in any other manner which the Bondowner Representative may deem sufficien may nevertheless, in its discretion, require further proof proof desirable. (d) Any request, consent or vote of the holder of an~ of the same Bond and the holder of any Bond issued in ex~ respect of anything done or suffered to be done by the Authority in pursuance of such request, consent or vote. (e) In determining whether the holders of the req~ Bonds have concurred in any demand, request, directi Indenture, Bonds which are owned by the Authority or by; the Bonds, or by any person directly or indirectly controllin indirect common control with, the Authority or any other di~ shall be disregarded and deemed not to be outstandi determination, provided that, for the purpose of det~ Representative shall be protected in relying on any such de waiver, only Bonds which the Bondowner Representative disregarded. Bonds so owned which have been pledged outstanding for the purposes of this subsection (e) if 1 satisfaction of the Bondowner Representative and the Auth~ Bonds and that the pledgee is not a person directly or indi~ under direct or indirect common control with, the Authority ( on the Bonds. In case of a dispute as to such right Representative taken upon the advice of counsel shall I~ Representative. Solely for purposes of the limitation ex Borrower shall be deemed to be an indirect obligor on the B (f) In lieu of obtaining any demand, request, directi Bondowner Representative may call and hold a meeting o The Bondowner Representative cases where it may deem further Bond shall bind every future holder ihange therefor or in lieu thereof, in Bondowner Representative or the isite aggregate principal amount of ~n, consent or waiver under this ~y other direct or indirect obligor on or controlled by, or under direct or ;ct or indirect obligor on the Bonds, 3g for the purpose of any such ,rmining whether the Bondowner hand, request, direction, consent or knows to be so owned shall be in good faith may be regarded as he pledgee shall establish to the ~rity the pledgee's right to vote such ectly controlling or controlled by, or ,r any other direct or indirect obligor any decision by the Bondowner ~ full protection to the Bondowner ~ressed in this paragraph (e), the )nds. ~n, consent or waiver in writing, the the Bondholders upon such notice and in accordance with such rules and regulations as the 3ndowner RepresentatiVe considers fair and reasonable for the purpose of obtaining any such a(Jtion. · , I. t mber or em Io ee Section 11.09. Waiver of Personal Liani,ity. NO ~micer, agen, me p y of the Authority or of the City of Temecula, and no office~, official, agent or employee of the State of California or any department, board or agency, of any of the foregoing, shall be individually or personallY liable for the payment of the princi;pal of or prem um or interest on the Bonds or be subject to any personal liability or accountabilil l/by reason of the issuance thereof; but nothing herein contained shall relieve any such person Irom the performance of any official duty provided by law or by this Indenture. Section 11.10. Business Days. If the date for mai :lng any payment or the last date for performance of any act or the exercising of any right, as provided in this Indenture, is not a Business Day, such payment may be made or act perfor'ned or right exercised on the next succeeding Business Day with the same force and effeqt as if done on the date provided therefore in this Indenture and in the case of any payment, no interest shall accrue for the period from and after such date. Section 11.1t. Execution in Several Counterpa~s. This Indenture may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall togeth( constitute but one and the same instrument. -31- Section tt.12. Governing Law. This Indenture sh accordance with the laws of the State of California applicab in such State. Section 11.13. Successors. Whenever in this Ir Bondowner Representative is named or referred to, such re the successors or assigns thereof, and all the covenants contained by or on behalf of the Authority or the Bondowner to the benefit of the respective successors and assigns ther~ -32- 311 be governed by and construed in e to contracts made and performed denture either the Authority or the [erence shall be deemed to include and agreements in this Indenture Representative shall bind and inure ~f whether so expressed or not. IN WITNESS WHEREOF, the INDUSTRIAL DEVE CITY OF TEMECULA has caused this Indenture to be si~. PUBLIC FINANCE, INC. has caused this Indenture to be .. and year first above written. INDUST AUTHOI TEMEC~ By: Sha~ GE CAF Bondow By: -33- iLOPMENT AUTHORITY OF THE ned in its name and GE CAPITAL igned in its name, all as of the day RIAL DEVELOPMENT {ITY OF THE CITY OF JLA ~n D. Nelson, Executive Director ITAL PUBLIC FINANCE, INC., as ~er Representative Vice President EXHIBIT A FORM OF BOND THIS BOND MaY BE OWNED ONLY BY A SOPHISTIC/ QUALIFIED INSTITUTIONAL BUYER WITHIN THE PROMULGATED UNDER THE SECURITIES ACT OF HOLDER HEREOF, BY THE ACCEPTANCE OF THIS BOI A QUALIFIED INSTITUTIONAL BUYER OR A PARTNER~ MULTIPLE ASSET PORTFOLIO THE INTERESTS IN W ARE ONLY OFFERED AND SOLD TO QUALIFIED IN,~ ACKNOWLEDGES THAT IT CAN ONLY TRANSFER TH ENTITIES DESCRIBED IN THE PRECEDING CLAUSE (A). ,TED INVESTOR (DEFINED AS A MEANING OF RULE 144A 1933, AS AMENDED) AND THE ID, (A) REPRESENTS THAT IT IS HIP OR TRUST AS A PART OF A -IICH PARTNERSHIP OR TRUST ~TITUTIONAL BUYERS, AND (B) S BOND IN WHOLE TO OTHER INDUSTRIAL DEVELOPMENT AUTHORITY Of THE CITY OF TEMECULA INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BOND (TENSION ENVELOPE CORPORATION PROJECT), SERIES2001A / REGISTERED OWNER: GE CAPITAL PUBLIC FINANCE, PRINCIPAL SUM: THREE MILLION FIVE HUNDRED The Industrial Development Authority of the City instrumentality of the State of California (herein called ti hereby promises to pay (but only out of Revenues as here Owner identified above or registered assigns the sum of thousand dollars ($3,545,000.00) in lawful money of the I. from October 31, 2001, until paid at the rate per annum de below. Capitalized terms used in this Bond and not defin given such terms in the Indenture. The principal and interest on this Bond shall be paya set forth in Schedule A attached hereto and by this referenc, in accordance with the Indenture. This Bond is one of a duly authorized issue of bo "Industrial Development Authority of the City of Temecula Revenue Bonds (Tension Envelope Corporation Project), ,~ initial aggregate principal amount of $3,545,000, authorized NC. ,RTY-FIVE THOUSAND DOLLARS of Temecula, a public, corporate ~e "Authority"), for value received, inafter provided) to the Registered hree million five hundred forty-five Inited States, with interest thereon scribed in the Indenture referenced ,'d herein shall have the meanings )le on the dates and in the amounts incorporated herein and otherwise ids of the Authority designated as Industrial Development Refunding ;eries 2001A" (the "Bonds"), in the to be issued pursuant to Article 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Governn ~ent Code of the State of California, and issued under and secured by an Indenture of Trust, dated as of October 1, 2001 (the "Indenture"), between the Authority and GE Capital P~blic Finance, Inc., as the initial Bondowner Representative. Reference is hereby made t(~ the Indenture and all indentures supplemental thereto for a description of the rights thereunFler of the owners of the Bonds, of the nature and extent of the security, of the rights, duties~nd immunities of the Bondowner Representative and of the rights and obligations of the Authority thereunder, to all of the provisions of which Indenture the holder of this Bond, by acceptance hereof, assents and agrees. The proceeds of the Bonds will be used to ~ake a loan to Tension Envelope Corporation (the "Borrower") pursuant to a Loan Agreemen dated as of October 1, 2001 (the A-1 "Loan Agreement") between the 'Authority and the Borrower, to refinance the acquisition, renovation and equipping of an envelope manufacturing fac lity located in the City of Temecula, California. THE BONDS AND THE INTEREST THEREON ARE AUTHORITY PAYABLE EXCLUSIVELY FROM REVENUI LOAN AGREEMENT. THE BONDS DO NOT CONSTITU' THE CITY OF TEMECULA, OR OF THE STATE OF CAL SUBDIVISION THEREOF, WITHIN THE MEANING OF PROVISION OR STATUTORY LIMITATION AND SHALL RISE TO A PECUNIARY LIABILITY OF THE AUTHORITY, THE STATE OF CALIFORNIA OR ANY POLITICAL SUB[' SHALL NOT CONSTITUTE A GENERAL OBLIGATION GENERAL CREDIT OF THE AUTHORITY, BUT OBLIGATIONS OF THE AUTHORITY PAYABLE S~ DESCRIBED IN THE INDENTURE, BUT NOT OTHERV~ TAXING POWER. NO RECOURSE SHALL BE HAD FOR THE PAYk PREMIUM OR INTEREST ON THIS BOND AGAINST Al~ OFFICER, DIRECTOR, MEMBER, EMPLOYEE OR AGEI THE CITY OF TEMECULA, EITHER DIRECTLY OR THF ANY RULE OF LAW OR EQUITY, STATUTE OR ENFORCEMENT OF ANY ASSESSMENT OR PENALTY , LIABILITY OF ANY SUCH OFFICERS, DIRECTORS, MEM AS SUCH, 'IS HEREBY EXPRESSLY WAIVED AND RELE CONSIDERATION FOR, THE EXECUTION AND ISSUANC The Bonds are limited obligations of the Authority a the Indenture, are payable solely from, and secured by a I: (as that term is defined in the Indenture), consisting primar pursuant to the Loan Agreement. The Bonds shall be subject to redemption prior to terms as are provided in the Indenture. No notice of rederr registered owners of the Bonds, and the owner of this Bor waives any requirement for any notice of redemption. If an Event of Default, as defined in the Indenture, s may be declared due and payable upon the conditions, provided in the Indenture. This Bond is transferable by the registered owner duly authorized in writing, at the Principal Office of the Bo~ the manner, subject to the limitations (including those c Indenture) and upon payment of the charges provided in th, cancellation of this Bond. Upon such transfer a new fully transferee in exchange herefor. The Authority and the B, the registered owner hereof as the absolute owner hereol and the Bondowner Representative shall not be affected acceptance of this Bond, the registered owner hereof ~ interests in this Bond without the prior written consent of th, sole discretion. ! LIMITED OBLIGATIONS OF THE -'S AND RECEIPTS UNDER THE 'E A DEBT OF THE AUTHORITY, FORNIA, OR OF ANY POLITICAL ANY STATE CONSTITUTIONAL 4EVER CONSTITUTE NOR GIVE ['HE CITY OF TEMECULA, OR OF VISION THEREOF. THE BONDS F OR A CHARGE AGAINST THE HALL BE SPECIAL, LIMITED )LELY FROM THE SOURCES ISE. THE AUTHORITY HAS NO lENT OF THE PRINCIPAL OF OR IY PAST, PRESENT OR FUTURE ~T OF THE AUTHORITY, OR OF OUGH THE AUTHORITY UNDER CONSTITUTION OR BY THE :)R OTHERWISE, AND ALL SUCH 3ERS, EMPLOYEES OR AGENTS, ASED AS A CONDITION OF, AND OF THIS BOND. :1, as and to the extent set forth in ledge of and lien on, the Revenues ly of amounts paid by the Borrower maturity, at a price and upon such )tion of Bonds need be given to the by acceptance hereof, expressly hall occur, the principal of all Bonds in the manner and with the effect ~ereof, in person, or by its attorney ~downer Representative, but only in 2ntained in Section 2.05(b) of the Indenture, and upon surrender and ~gistered Bond will be issued to the >ndowner Representative may treat for all purposes, and the Authority ~y any notice to the contrary. By its grees not to sell any participating Authority which may be given in its A-2 The Indenture contains provisions permitting tt' Representative to execute supplemental indentures add eliminating any of the provisions of, the Indenture, subje( Indenture. The Authority hereby certifies that all of the conditior to have happened and to have been performed precedent do exist, have happened and have been performed in due ~ Authority and the Bondowner ng provisions to, or changing or to the limitations set forth in the s, things and acts required to exist, ;o and in the issuance of this Bond time, form and manner as required by the Constitution and statutes of the State of Californ (including the Act) and that the amount of this Bond, together w~th all other indebtedness o~the Authority, does not exceed a y limit prescribed by the Constitution or statutes of the State oI California. / This Bond shall not be entitled to any benefit unde~ the Indenture, or become valid or obligatory for any purpose, until the certificate of authenti;ation hereon endorsed shall have been manually signed by the Bondowner Representative. A-3 IN WITNESS WHEREOF, the INDUSTRIAL DEV[ CITY OF TEMECULA has caused this Bond to be execL facsimile signature of its Chairman and attested by the Secretary, all as of October 31, 2001. INDUSTRI OF THE CI; By: J( Attest: By. Susan Jones, Secretary !LOPMENT AUTHORITY OF THE ted in its name by the manual or mual or facsimile signature of its DEVELOPMENT AUTHORITY 'Y OF TEMECULA ff Comerchero, Chairman A-4 Vice President By: FORM OF CERTIFICATE OF AUTH NTICATION / This is one of the Bonds described in the within-mentioned Indenture and has been authenticated and registered on this date: ,, GE CAPIT~L PUBLIC FINANCE, INC., as Bondowner 'Representative FORM OF ASSlGNMEN~ For value received, the undersigned do(es) hereby assign and transfer unto (Name, Address and Tax Identification or Social .c ecurity Number of Assignee) the within Bond and do(es) hereby irrevocably constitute an( appoint , attorney, to transfer the same on the registration books of the Bondo~ vner Representative, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a eligible guarantor. NOTICE: A-5 Thb signature on this assignment must correspond with the name(s) as written on th~ face of the within Bond in every rticular without alteration or enlargement or any change whatsoever. EXHIBIT B FORM OF INVESTOR'S LE Industrial Development Authority of the City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: Director of Finance Re: rTER Industrial Development Authority of the Cit, Refunding Revenue Bonds (Tension E~v~lope 2001A Ladies and Gentlemen: Temecula Industrial Development Corporation Project), Series ~ser of the above-referenced bonds ~t for the benefit of the Industrial that: The undersigned (the "Purchaser~), being the purch (the "Bonds"), does hereby certify, represent and warra Development Authority of the City of Temecula (the "Issuer" (a) The Purchaser acknowledges that the of making a mortgage loan to assist in the refinanci~ equipping of an envelope manufacturing facility "Project"), as more particularly described in that ~rtain Loan Agreement, dated as of October 1, 2001 (the "Loan Agreement") by anc Envelope Corporation (the "Borrower"). The Purci' Bonds are secured by a certain indenture of Trus "Indenture"), between the Issuer and GE Capital Representative (the "Bondowner Representative"). (b) The Purchaser hereby certifies that ( within the meaning of Rule 144 promulgated un~ amended (the "Act"), or (ii) it is a partnership or 1 portfolio the interests in which partnership or trust a institutional buyers" within the meaning of the Act. Bonds were issued for the purpose ~g of the acquisition, renovation and cated in Temecula, California (the between the Issuer and Tension aser further acknowledges that the : dated as of October 1, 2001 (the ~ublic Finance, Inc., as Bondowner ) it is a "qualified institutional buyer" ler the Securities Act of 1933, as rust that is part of a multiple asset re offered and sold only to "qualified e Purchaser for its own account or mmon stock is directly or indirectly otherwise in accordance with the to make a public distribution of, or permitted by the Indenture. The the risks of this investment for an Jot be possible. Bonds have not been registered (c) The Bonds are being acquired by the account of a related entity 100% of whose c( owned by the Purchaser or any of its affiliates ~ Indenture. The Purchaser does not presently inten to transfer, all or any part of the Bonds, except Purchaser understands that it may need to bear indefinite time, since any sale prior to maturity may (d) The Purchaser understands that t~' under the Act. (e) The Purchaser acknowledges that financial and otherwise, of the Borrower. B-1 is familiar with the conditions, The Purchaser understands and acknowledges that the Bonds are payable solely frc m the Revenues (as defined in the Indenture). The Purchaser has made such inquiry with. respect to all of the foregoing as it believed to be desirable for its purposes. / (f) It (s acknowledged that no written information has been provided by the Issuer to the Purchaser with respect to the Bond{ and that any written information furnished by any other party to the transaction dc information pertinent to the Bonds. (g) The Purchaser is not now and has ~ common control with, the Borrower. The Borrowe controlled by the Purchaser. The Purchaser has enl Borrower or with any affiliate in connection with the the Issuer. (h) The Purchaser has authority to purct letter and any other instruments and documents Purchaser in connection with the purchase of the Bo es not purport to fully disclose all lever been controlled by, or under · has never been and is not now ~red into no arrangements with the Bonds, other than as disclosed to ~se the Bonds and to execute this required to be executed by the ds. (i) In entering into this transaction the I~urchaser has not relied upon any representations or opinions made by the Issuer relating to the legal consequences or other aspects of the transaction, nor has it looked to, nor expected, the Issuer to undertake or require any credit investigation or due diligence reviews relating to the Borrower, its financial condition or business opelations, the Project (including the financing or management thereof), or any other ma ~er pertaining to the merits or risks of the transaction, or the adequacy of the Representative to secure repayment of the Bonds. (j) The Purchaser understands that pledge of any moneys received or to be received fro or any political subdivision or taxing district thereof, ~nds pledged to the Bondowner .= Bonds are not secured by any 'n taxation by the State of California ncluding, without limitation, the City of Temecula; that the Bonds will never represent or constitute a general obligation or a pledge of the faith and credit of the Issuer, the ~State of California or any political subdivision thereof; that no right will exist to have ta~<es levied by the State of California or any political subdivision thereof for the paymept of principal and interest on the Bonds; and that the liability of the Issuer with respect to the Bonds is subject to further limitations as set forth in the Bonds and the Indenture. (k) The Purchaser has been informed th not be registered or otherwise qualified for sal{ regulations of any jurisdiction, (ii) will not be liste exchange, and (iii) will carry no rating from any ratin! (I) The Purchaser acknowledges that it Bonds, subject to compliance with the transfer res the Indenture, including the requirement for th~ Bondowner Representative of an investor's letter Letter. Failure to deliver such investor's letter shal null and void. B-2 it the Bonds have not been and will under the "Blue Sky" laws and on any stock or other securities service. as the right to sell and transfer the rictions set forth in Section 2.05 of delivery to the Issuer and t_h,e 1 the same form as this Investors cause the purported transfer to be Capitalized terms used herein and not otherwise def terms in the Indenture, [PURCH By: Name: _ Title: B-3 ned have the meanings given such ~,SER] AGREEMENTFOR BOND COUNSl BY AND BETWEEN THf INDUSTRIAL DEVELOPMENT AUTHORITY OF '~ AND QUINT & THIMMIG LLP, FOR BOND CC CONNECTION WITH BOND PRO( THIS AGREEMENT is entered into this 23rd day of INDUSTRIAL DEVELOPMENT AUTHORITY OF THE Cl']' and QUINT & THIMMIG LLP, San Francisco, California ("At' WITNESSETH: !LSERVlCES 'HE CITY OF TEMECULA UNSEL SERVICES IN EEDINGS )ctober, 2001, by and between the ¥ OF TEMECULA (the "Authority") orneys"). WHEREAS, the Authority is considering the issuanqe of bonds (the "Bonds") under the California Government Code for the purpose of providing funds to refund the outstanding principal of its Industrial Development Revenue Bonds (Te~ issued in 1994; and WHEREAS, in connection with such financing the assistance of bond counsel. NOW, THEREFORE, in consideration of the pre hereinafter set forth, the parties hereto do hereby agree as Section 1. Duties of Attorneys. Attorneys shall following services as are necessary for the issuance of the I (a) Consultation and cooperation with the Attorney, the City Manager and all other officers; Authority, with the financial advisor engaged by issuance of the Bonds and assisting such persons financial and legal financing from the proceeds of th, (b) Preparation of all legal proceedings Attorneys for the authorization, issuance and ,sion Envelope Corporation Project) Authority requires the advice and ,mises and the mutual covenants ollows: -1o, carry out and perform all of the ~onds: City's Director of Finance, the City Ind employees of the City and the the Authority with respect to the in the formulation of a coordinated Bonds. .~emed necessary or advisable by delivery of the Bonds; including preparation of (i) documentation required for the is., including an indenture of trust authorizing the issua required to be executed by the Authority in connect the purchaser thereof, and all agreements providi except as may be within the scope of responsibility parties to the transaction, (ii) necessary Califon Commission filings and other reports and docur Authority in connection with the issuance of the I receipts and other documents required in connecti, the original purchaser thereof, and (iv) other procee in connection with the issuance, sale and delivery of (c) Application for any Internal Revenue necessary by Attorneys (but only following consulta~ ensure the exemption of interest on the Bonds frc California personal income taxation. Jance of the Bonds by the Authority, ~ce of the Bonds, all documentation on with the delivery of the Bonds to ~g collateral security for the Bonds of any attorneys representing other ~ia Debt and Investment Advisory ~ents required to be filed by the ~onds, (iii) certificates, requisitions, )n with the delivery of the Bonds to lings of the Authority incidental to or the Bonds. Service or other rulings deemed ion with and approval by the City) to m federal or, if applicable, State of (d) Advising the Authority as to the need to federal securities laws or to obtain a permit to issue California securities laws, or to obtain no-action lette Securities Exchange Commission or California Corpc (e) Subject to the completion of proceedin( providing a legal opinion (i) approving the legality of 1 the authorization, issuance and delivery of the Bonds Bonds is excluded from gross income for federal m from State of California personal income taxation. (f) Legal consultation requested by the Ci resolutions, certificates, agreements and other docu issuance and delivery of the Bonds at any time follow (g) Attorneys shall perform such other and performed by bond counsel on similar financings. Attorneys shall not be responsible for (i) complianc arbitrage rebate requirements under federal tax law, other interpretation of such requirements as set forth in the docun continuing disclosure required under federal securities law representation of the City or the Authority in connection witi' egister the Bonds under applicable 3e Bonds under applicable State of s or similar determinations from the 'ations Commission. IS to the satisfaction of Attorneys, he proceedings of the Authority for and (ii) stating that interest on the ;ome tax purposes and is exempt y concerning the Bonds and any nents relating to the authorization, ng issuance of the Bonds. urther services as are customarily by the City or the Authority with an to render advice as to the legal ~ents relating to the Bonds, (ii) any related to the Bonds, or (iii) the any litigation involving the Bonds. Without limiting the generality of the foregoing, Attorneys sh 311 not be responsible for preparing any calculations or documentation to establish compliance with such rebate requirements or otherwise for computing the amounts required to be rebated, for preparat on or rev ew of any continuing disclosure statements concerning the Bonds, or related to the Bonds, without a separate agreement between Section 2. Compensation. For the services listed a fee, inclusive of expenses, in the amount of $25,000.00. be entirely contingent upon the successful issuance of the the date of issuance of the Bonds, and shall be pay Corporation. Section 3. Responsibilities of Authority. Th Attorneys and shall furnish Attorneys with certified copie.. Authority and deemed necessary by Attorneys to render an ( All costs and expenses incurred incidental to the actual is.~ including the cost and expense of preparing certified c( Attorneys in connection with the issuance of the Bonds, the ~or providing any litigation services the Authority and Attorneys. Section 1, Attorneys shall be paid ayment of said compensation shall onds, shall be due and payable on hie solely by Tension Envelope 9 Authority shall cooperate with of all proceedings taken by the pinion on the validity of the Bonds. uance and delivery of the Bonds, pies of proceedings required by cost of all printing and publication costs, fees and expenses of parties other than Attorneys, costs and expenses of legal advertising and all other expenses incurred in connection wi h the issuance of the Bonds, shall be paid by Tension Envelope Corporation and shall not be th; responsibility of Attorneys. Section 4. Termination of Agreement. This A ;ement may be terminated at any time by the Authority with or without cause upon written notice to Attorneys. In the event of such termination, all finished and unfinished documents s ~all at the option of the Authority become its property and shall be delivered to the Authority bi Attorneys. -2- IN WITNESS WHEREOF, the Authority and Attorne of the date first above written. have executed this Agreement as INDUSTRIJ OF THE CIT By DEVELOPMENT AUTHORITY OF TEMECULA Shawn D. Nelson, Executive Director QU NT & THIMMIG LLP By -3- Paul J. Thimmig, Partner ITEM 1 TO: FROM: DATE: SUBJECT: CITY OF TEMECUL.Z AGENDA REPORT City Manager/City Council Gary Thornhill, Deputy City Manager'~''~'' October 23, 2001 Appointment of Members to the General F (Continued from September 25, 2001 and O PREPARED BY: David Hogan, Senior Planner RECOMMENDATION: Staff recommends that the APPROVAL CITY ATTORNEY DIR.OFFINANCE CITY MANAGER an Community Advisory Committee ;tober 9, 2001 ) City Council appoint the remaining members of the General Plan Community Advisory Commitlee. BACKGROUND: To assist in the process of updatin! approved staff's recommendation for a Community Advis meeting. The Resolution creating the Advisory Committee w~ meeting. Resolution 01-97 established the Community A following: 1 Planning Commissioner 1 Public Traffic Safety Commissioner 1 Community Services Commissioner 1 Representative of the Chamber of Commerce (to bE Commerce) 1. Representative of the Economic Development Coun Development Council) 1 Representative of a local environmental or communi City Council) 5 City residents (one appointed by each Council metal I the General Plan, the City Council ~ry Committee at its June 12, 2001 s approved at the September 25, 2001 :lvisory Committee consisting of the appointed by the Chamber of (to be appointed by the Economic organization (as determined by the ~er) bers present appointed their resident meeting and will need to appoint At the September 25th Council meeting, the four Councilmen representatives. Councilmember Stone was unable to attend the ;mbers present were unable to agree ity organization representative. As a till needs to be appointed. his representative at this meeting. In addition, the Councilm upon the appointment of the local environmental or commur result, this member of the Community Advisory Committee itteeAppointments CC4.doc I R:\G ENPLAN\Comp Plan Update\Comrnunity Advisory Committee~Advisory Com~ A list of the appointed and remaining members is listed bel )w: ,Or~lanization Representative Planning Commission Davia Matthewson Public Traffic Safety Commission Darre Connerton Community Services Commission Jame Meyler Chamber of Commerce Ohucl: Washington Economic Development Corporation To be appointed by EDC Board Community or Environmental Organization To be determined by City Council Member appointed by Mayor Comerchero Greg Morrison Member appointed byCounciimember Naggar Mark 3roderick Member appointed by Councilmember Pratt Miche !lc Anderson Member appointed byCouncilmember Roberts Paul acobs Member appo nted by Councilmember Stone To be named by Councilmember Stone Staff recommends that Councilmember Stone select his representative to the Community Advisory Committee and that a majority of the Council identify th~. local community or environmental organization member to serve on the CAC. Once these app( ,intments are made, staff will work with the General Plan Update consultant to begin the process. R:\GENPLAN\Comp Plan Update\Community Advisory Committee'~Advisory Comer Zee Appointments CC4.doc 2 ITEM 20 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jim O'Grady ~- Assistant City Manager ~ //- October 23, 2001 /./ Consideration of Harveston Ballot Initiative (At the request of Councilman Naggar) RECOMMENDATION: Provide direction to staff. BACKGROUND: This item has been placed on the ag Councilman Naggar will make an oral presentation on this i APPROVAL .~ITY~Y )IRECTOR OF FINA~;E ~,ITY MANAGER reda at the request of Councilman Naggar. .~m at the City Council meeting. DEPARTMENTAL REPORTS TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Director of Public W( October 23, 2001 Department of Public Works Monthly Act RECOMMENDATION: Attached for City Council's review Works' Monthly Activity Reports for the month of Septembe~ APPROVAL CITY ATTORNEY DIRECTOR OF FINANC.~E~I CITY MANAGER ,rks/City Engineer vity Report and filing is the Department of Public 2001. MOACTRPT CAPITAL IMPROVEMEWI Monthly/lctivity September/October PROJECTS UNDER CON 1. First Street Bridge This project will construct First Street from Pujol Street to Old To' ora bridge over Murrieta Creek and the realignment of Santiago R list items on the street portion of the work. Construction of the EM list items remaining. 2. Murrieta Creek Crossing Between Winchester and Ranch~ Via Montezuma This project will construct a low-flow crossing of Murrieta C~ Montezuma. In addition, this project will rehabilitate the street of 'PROJECTS ~ort 2001 Prepared By: Amer Attar Submitted by: William G. Hughes Date: October 23, 2001 TRUCTION vn Front Street, including the construction ~ad. Contractor has finished the final punch WD lin station is complete with only punch 2alifornia Road - Low-flow Crossing at :ek connecting Diaz and Del Rio at Via Cia Montezuma. This project is complete. Recording a conservation easement is in progress for the mitigati~ n of the disturbed area. 3. City Maintenance Facility Alterations, Phase III This project will modify the existing two story masonry block buikling to accommodate a new second floor of office space over the existing two-story maintenance bay, includinglthe installahon of an elevator, and two new second floor res~rooms. Rough framing, electrical, and plumbihg is complete. Installation of windows drywa , and insulation is underway. Project is currently schedule~l to be complete by mid November. 4. Margarita Road Widening, Pauba Road to Dartolo Roa~ This project will widen Margarita Road from Plo Pico to Dartolo i Portola to SR 79 South. Included with this project is the pavemen Plo Pico. The contractor has completed the street work, with some of October 8,200 I, the 65-Working Days Maintenance period began. 51 traTrf~cfsfiiCgnS2~nw~:li~:tianljata~l;: :~tShte°inr ~;:e°c~i~nn~fM~v~arrggaar21: Rlad and Stonewood Drive. complete except for interconnect wire installation. The traffic sigr al was turned on 8/30/01. 6. Pavement Management System, Jefferson Avenue This project will rehabilitate Jefferson Avenue from the northerly ( complete with the Notice of Completion pending. >ad and re-landscape the medians from De rehabilitation of Phase II (Pauba Road to minor punch list items still remaining. As This project is iity limits to Overland Drive. The work is R:~vlonthlyActivityRcport\CIP~2001 \September.doc 7. Senior Center Expansion Thc expansion will include an addition of 3000 square fcct to thc c recreational, office, and meeting purposes. A contract was award~ thc amount of $508,500. Expansion will include the addition recreational, office and meeting purposes. Wood framing is curt electrical scheduled for thc third week of October. 8. Pavement Management System - Citywide This project will involve rehabilitating the pavement of varic McLaughlin Engineering and Mining Corp. was awarded a contt amount of $2,073,000. The roads scheduled for construction arc 1~ La Paz Road, Winchester Road (Between Diaz and Enterprise Circ Winchester and Overland), Main Street, Enterprise Circle West (~' (Between Margarita and Yncz). Thc Contractor has completed striping and punch list items are all that remain. 9. AC Street Repairs - FY2001 This project will rehabilitate and reconstruct selected City stree contract at the June 26 Council meeting in the amount of$117,000 Margarita Road at Avenida Cima Del Sot, Jefferson Avenue at Del Enterprise Circle West at Rider Way, and Diaz Road at Rancho W the work for this project. Minor striping and punch list items are 10. Chaparral High School Swimming Pool A 25-yard x 25-meter pool will be built at Chaparral High Sc recreation pool component and a bathhouse with locker room faci play equipment will be included as an element in the base constm concrete lined and thc foundations for the two buildings are bein 11. Starlight Ridge Southern Cross Road Sidewalk Project This Project will install approximately one half mile of sidewalk Road. Project complete - Notice of Completiun going to council 12. Street Name Sign Replacement This project will entail removing the existing wooden signs in th plastic signs selected by the Public Traffic Safety Commission. Thc will start installing the new signs shortly. tisting building. The expansion will be for d to R. Moody Construction on June 26 in of 3000 square feet of building area for :ntly underway with rough plumbing and streets in the City for FY 2000-01. act at the June 26 Council meeting in the ancho California Road, Mira Loma Drive, e West), Southbound Ynez Road (Between outh of Winchester), and Overland Drive host of the work for this project. Minor s. Cunningham Davis was awarded the The roads scheduled for construction are Rio, Overland Drive at Commerce Center, ry. The Contractor has completed most of tll that remain. ool. The facility will include a smaller ities, restrooms and showers. Spray-type :tion bid. The competition pool has been prepared. ong the northwest side of Southern Cross 1/13/01. La Serena ama and replacing them with signs have been purchased and City forces 2 R:hMonthlyActivityRcporl\CIPk2001 ~Septcmber.doc PROJECTS BEING ADVERT] NONE PROJECTS IN DEl 1. Pala Road Improvements - Phase li (79 South to Pechan This project will widen Pala Road to its ultimate width from the check comments (70% Submittal) were returned to the consultant. ,ED FOR BIDS IIGN Ia Road) >ala Road Bridge to Pechanga road. Plan Work is proceeding on the remainder of the design. The approval of Wolf Creek Drainage Basin Study by ,CFC & WCD has been delayed because hydrology studies upstream of Wolf Creek require prior approval from RCFC & WCD. Staffwill be using an appraiser to assist in the preparation of the real estate appraisal rep4rt. The project is funded for design only at this time. / / 2. Rancho California' Road Bridge Widening Over Murrieta Creek This project will widen Rancho California Bridge over Murrieta C 'eek to provide four additional traffic lanes. Consultant is investigating potential lateral spreading and scour and ways to mitigate these impacts. 90% drawings will be submitted shortly after the analysis is complete. 3. Temecula Library A full service library, approximately 34,000 square feet in area, wil~ be designed and built on Pauba Road,just west of Fire Station #84. This project will provide the communi~with library resources and services. The design is progressing on schedule. Utility services construction is b~ing coordinated with Pauba Road, Phase II pro!ect. Staff returned checked plans to architect on 8/28/01. Arcl~tect is working on the final plans. A final rewew between the City and the architect was held on 10/16~ 31. Utility services constraction will be coordinated with Pauba Road, Phase II Street Improvements. 4. Pauba Road Improvements - Phase II (Margarita Road t This project will widen Pauba Road fi'om Showalter to just west ot project is in design and the work is being coordinated with design being addressed. 90% design plans were submitted to the City for staff and were returned to Consultant for completion of final desi Showaiter Road) Vlargarita Road to its ultimate width. The >fthe library project. All utility issues are :eview. Plans and specs were reviewed by plans. 5. Murrieta Creek Bridge - Overland Drive Extension to Diaz This project will entail alignment studies and the design of an exte Road, which includes a new bridge over Murrieta Creek. The proje from Jefferson Avenue to Commerce Center Drive, and the extensi¢ to Diaz Road. PDC has completed the alignment study and staffha~ Staff sent comments to the consultant for review and incorporatio: asion of Overland Drive, westerly to Diaz :t includes the widening of Overland Drive n of Overland Drive across Mun'ieta Creek eviewed copies of the preliminary plans. into the preliminary plans. 3 R:hMonthlyActivityReport\CIP~001 ~September,doc 6. 1-15 Northbound On-Ramp Widening at Winchester Roa This project will re-stripe westbound Winchester Road from Ynez for a better flow of traffic. The City applied for an Eneroachme~ Caltrans has just issued the Encroachment Permit. Specs will be bid during the next period. 7. New Temecula Sports Complex A new 40+ Acres sports complex will be built on Pala Road at W forwarded to the City. The soils report indicated substantial and cc preparing the site or choosing a different site. The consultant, P~ master plan of the sports complex. 8. Fire Station - Wolf Creek Site A full service fire station will be constructed in the Wolf Creek dex preliminary design for DRC in the next 2-3 weeks. Site is to be fin Developer. 9. Diaz Road Realignment Under this project, Diaz Road will be realigned to Vincent Morag~ Park Drive will be a T-intersection at Diaz. City staff is currentl completion is scheduled for November 2001. 10. Rancho California Road Median Modifications at Town The project will include the closing of the two median openings Town Center, while lengthening the left tum lanes at Ynez Road, ~ improve traffic circulation. The design is 90% complete with the design is currently at 50% completion. 11. Rancho California Road Widening at Ynez Road (Add ri This project will add a fight turn lane on westbound Rancho Cal acquisition at the northeast comer of Rancho California and Yne~ complete. 12. Landscaping and Sidewalk On 79 South (Front Street to The project consists of the design and construction of new sider south side of State Highway 79 South between Pala Road and Old ~oad to I-15 northbound on-ramp to allow ~t Permit from Caltrans to do the striping. it together and the project will be formally fValley. A soils report was completed and stlyremovals. Staffis evaluating options on M Design is finishing up the preliminary elopment area. The architect is to complete dized with and coordinated by Wolf Creek ~.oad at Rancho California Road. Business designing the project. Anticipated design lenter m Rancho California Road in front of the 'own Center Drive, and Via Los Colinas to xception of the landscaping. Landscaping ht turn lane to westbound lanes) ?omia Road at Ynez Road. Right of way will be required. In-house design is 90% ?ala Road) alk, landscaping, and imgation along the ['own Front Street. A design consultant has been selected and a contract will be awarded when a funding agreement between the County and City is finalized. / 13. Alignment Study for Murrieta Creek Bridge Between WinChester Road and Temecula's City Limits and Diaz Road Extension This study will determine the alignment and location of the Munie~ to the northern City Limits. In addition, the study will be combine study and design. Coordination with the City of Murrieta, Floo~ 4 a Creek crossing between Winchester Road t with the Diaz Road Extension alignment Control and Army Corps of Engineers is R:~M on t hlyA c tivityRepor t\C IP~2001 ~September.doc necessary. The Consultant and Staffmet with Riverside County Fi The consultant is currently working on the first dmfi of the alignr PROJECTS THAT ARE SUSPEN] 1. Margarita Road/Winchester Road Intersection Improvel Project is on hold. Under this project, an additional left turn f Margahta will be added in order to accommodate increasing traffic will require a Caltrans anaroachment permit. 2. Pujol Street Sidewalk Improvements - Phase H ~od Conlrol to discuss possible alignments. lent study. )ED OR ON-HOLD aents om eastbound Winchester to northbound volumes. Design is 50% complete. Project This project will complete the knuckle at the intersection of Sixth ~treet and Felix Valdez. The project is on hold. . / 3. Winchester Road W~dening Between Enterprise Circle and Jefferson This project will add a right turn lane from Eastbound Winch~ Enterprise Circle. O'Malley Engineering Corporation has provider 4. Traffic Signals Design at Pala Road and Loma Linda, an, Two new traffic signals will be installed on Pala Road, one at Lorn plans and specifications are complete..The project is being ( Corporation sewer project. This project is on hold due to envir ster to Southbound Jefferson, starting at the design survey data. Project is on hold. I at Pala Road and Wolf Valley ~ Linda and the other at Wolff Valley. The oordinated with Pechanga Development mmental constraints. 5. Pala Road Interim Improvements - (Widening to accommodate four lanes from Loma Linda Bridge to Wolf Valley) / Pala Road Interim Improvements (58 feet in width) will be completed with the second phase of construction of the Pala Road Trunk Sewer (Pechanga Development Corporatio¢ project). An encroachment permit was issued for the construction of the trunk sewer and the interim street improvements. Traffic signal and striping plans are complete. The construction of Pala Road Trunk Sewer (1 'rase Two) by the Pechanga Development Corporation from Clubhouse Drive to the new Pechanga Casino 1~ iveway (600 feet southeast of Wolf Valley Road) started November 6, 2000 and the approximate completion ~ ate is Spring 2001. The interim project is on hold due to environmental constraints. 6. Santa Gertrudis Bridge Widening at 1-15 This is Phase II of the Southbound Auxiliary Lane project at the s( This project will widen the 1-15 southbound exit-ramp at the Sa additional lane on the exit ramp just north of Winchester Road. St light of the proposed Project Study Report for Cherry Street Interct~ have to be removed in the future to accommodate the Cherry Stre¢ indefinitely. 5 uthbound exit ramp for Winchester Road. ~ta Gertmdis Creek Bridge to provide an tffis revisiting the merits of this project in rage. The study shows that this bridge may t Interchange. This project is suspended R:hMonthlyActiviiyReport\ClP~2001 ~September.doc 7. Santiago Road/Ynez Road Intersection Improvements This project will widen, realign, and adjust the traffic signal timin has been delayed indefinitely. The Traffic Division completed that improved traffic movement through thc intersection. of the existing intersection. This project ,me minor striping and signal adjustments R:~lVlonthlyActivityReport\CIPX2001 ~Septcmber.doc I-- Z ILl 0 TO: FROM: DATE: SUBJECT: MEMORANDUM Bill Hughes, Director of Public Works/City Eng ~Tq~Brad Buron, Maintenance Superintendent October 2, 2001 Monthly Activity Report - September, 2001 The following activities were performed by Public Works Departm personnel for the month of September, 2001: SIGNS A, B. C. Total signs replaced Total signs installed Total signs repaired I1. TREES A. Total trees trimmed for sight distance and street II1. ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons IV. CATCH BASINS A. Total catch basins cleaned RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement VI. GRAFFITI REMOVAL A. Total locations S. Total S.F. VII. STENCILING A. 271 New and repainted legends B. 65 L.F. of new and repainted red curb and std Street Maintenance Division in-house 108 35 12 29 2~739 45 t99 ~eeping concems 35~500 16 352 ng Also, City Maintenance staff responded to 38 service order req~ trimming, sign repair, A.C. failures, litter removal, and catch bas service order requests for the month of September, 2001. The Maintenance Crew has also put in 103 events and response to street emergencies. hours of overti~ The total cost for Street Maintenance performed by Contractors $17~105.00 compared to $ 25,710.00 for the month of Auflus Account No. 5402 $ 10,175.00 Account No. 5401 $ 6,930.00 Account No. 999-5402 $ - 0 - Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer- (ClP/Traffic) Greg Butler, Senior Engineer (Capital Improvement Amer Attar, Senior Engineer (Capital improvement Jerry Alegria, Senior Engineer - (Land Development) ests ranging from weed abatement, tree n cleanings. This is compared to 51 which includes standby time, special ,r the month of September, 2001 was 2001. STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projec s for the month of September, 2001 DATE DESCRIPTION TOTAL COST ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE .R CrORi Date: 9/04/01 CITYWlDE RE! ~OVE WEEDS, DEBRIS AND TRASH FROM CIT Y RIGHT-OF-WAYS # 5402 I TO' KAL COST $ 6,227.00 Date:9/27/01 YNEZ ROAD NORTH OF SANTIAGO INS tALL 155 L.F. OF A.C. 6" BERM. GRADE & £ OMPACT SURROUNDING AREA # 5402 TO' FAL COST $ 3,948.00 Date: 9/25/01 YNEZ ROAD AT PREECE STREET PLt ,~CE & FINISH 19 YDS. 5 SACK SLURRY IN CI-[tNNEL RIP-RAP VOIDS & CONSTRUCT # 5401 FOI )TINGS FOR CUT OFF WALLS TO'rAL COST $ 4,060.00 Date: 9/13/01 RANCHO VISTA ROAD EAST OF CLI~AN P.C.C. V-DITCH & GRADE AND EL GRECO COMPACT SHOULDER # 5401 TO I~AL COST $ 2,870.00 TOTAL COST ACCOUNT g5401 $ 6, 930.00 TOTAL COST ACCOUNT g5402 $10,175.00 TOTAL COST ACCOUNT //99-5402 -0- CITY OF TEMECUI A DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUE 5T LOG MONTH OF SEPTEMBE] ~ 2001 DATE 'LOC~TION ~ REQ~sT DATE WORK RECEIVED COMPLETED 09/04/01 30047 ~LA ~S ~ ]E ~G 09/04/01 09/04/01 31104 NASSAU CO~T Wi ,~R LE~ 09/04/01 09/0551 W~C~S~R AT ~CNOLAS DE 3~S PICK-~ 09/05/01 09/05/01 41995 ~OOM ~ ~E ~MOV~ 09/05/01 09/05/01 381~ COR~ C~O DE~S PICK-~ 09/05/01 09/07/01 ~LO~AT S~A CEC~ ~ CROSSW~ 09/07/01 09/07/01 31251 ~LICITA RO~ DEBTS PICK-~ 09/07/01 1 09/10/01 29512 GEORGETO~ DE~ ~ 09/10/01 09/1051 29835 DEL ~Y ~ I'35" MO~ 09/10/01 09/1351 43551 S~ ~ PLACE SN~ ~SS~G 09/13/01 09/1451 30165 COR~ C~O DE 3~S PICK-~ 09/14/01 09/14/01 ~CHO C~WO~ RO~ PO ~O~S 09/14/01 09/14/01 27186 ~OW C~EK D~ G~ITI 09/1451 1 09/17/01 COR~ C~LA AT ~ ~A S.F.S. ~SS~G 09/17/01 09/1751 POCO ~ & C~O ~E S.F.S. ~SS~G 09/1751 1 09/17/01 C~O ~E DE~S PICK-~ 09/17/01 09/17/01 LA SENNA AT C~O CORTO R~] DO~ 09/17/01 09/18/01 ~CHO C~WO~ RO~ AT ~Z ~ [SED S~EW~K 09/18/01 09/1~01 SHOO~R ~LS RO~ DE ~S ~ RO~ 09/18/01 09/1~01 45505 GLEN EAG~ D~ ~ ~E ~OV~ 09/18~1 09/19/01 42036 A~A ~STA L~E~ RG 9T PRiG 09/19/01 09/19/01 42050 ~F~OOM DE ~ ~E 09/19/01 09/20~ 1 40217 C~O C~OS ~OV~ OF SIGNS 09/20/01 09/21/01 DEL ~Y RO~ AT ~ NOR~ ~OCA~ SIGN 09/2151 1 RECEIVED COMPLETED 09/21/01 31800 VIA CORDOVA WI~ED SPRAYING 09/21/01 09/21/01 41669 ZINFANDEL AVENUE TR ~E REMOVAL 09/21/01 09/21/01 31122 RU1DOSA STREET DE BRIS REMOVAL 09/21/01 I 09/21/01 29895 CORTE CASTILE ~E TRIM~ffNG 09/21/01 09/21 ~ 1 28955 PUJOL DEBRIS REMOVAL 09/21/01 I I 09~4/01 41325 B~LY JOE LANE PG FHOLE 09/24/01 09/24/01 45527 GLEN EAGLE COURT TR ~E REMOVAL 09/24/01 09/25/01 31097 ALEHZON Sg ~EWALK REPA~ 09/25/01 09/26~1 39263 SPPdNGT~ME CA TCH BASIN CLEANTNG 09/26/01 09/26/01 31024 KAHWEA DE IT REMOVAL 09/26/01 09/26/01 41950 6va STREET SI( ~N REMOVAL 09/26/01 09/27/01 VL~ MONTEZUMA LOW FLOW W~ LTER IN LOW FLOW 09/27/01 09/27/01 28312 T~RRA ~ffSTA SA ~ETY BARS ~SSING 09/27/01 09/27/01 39149 RISING HILL DRIVE A.I ',. REPAIR 09/27~1 TOTAL SERVICE O IDER REQIJEST$ 38 DEPARTMENT OF PUBLIC WORKS ROADS DMSIOI~ RIGHT-OF-WAY WEED AB. kTEMENT MONTH OF SEPTEMBE R, 2001 DA~., ~OCATION i ~ :: WORK COMi~LETED 09/05/01 DIAZ AT REMINGTON ABAiED 600 S.F.R.O.W. WEEDS 09/06/01 YNEZ AT PREECE ABATED 3,000 S.F.R.O.W. WEEDS 09/06/01 VALLEJOCHANNEL ABATED 6,000 S.F.R.O.W. WEEDS 09/10/01 BLFI'IERFIELD STAGE ROAD NORTH OF DE PORTOLA ABATED 900 S.F.R.O.W. WEEDS WINCHESTER I ABATED 25,000 S.F.R.O.W. WEEDS 09/10/01 DIAZ NORTH OF I I ! TOTAL S.F. R-O-W WEEDS ~ATED ~5~00 ! CITY OF TEMECU LA DEPARTMENT OF PUBLI U WORKS ROADS DMSIO] ~ CATCH BASIN MAINTI~ ~TANCE MONTH OF SEPTEMBE ~ 2001 DATE , ~::LOcATION ,: , WORK COMPLETED 09/05/01 VAIL RANCH CI EANED & CHECKED 5 CATCH BASINS 09/13K)I VAR, RANCH C[ EANED & CHECKED 8 CATCH BASINS 09/13/01 MOONTIDE AT SOUTHERN CROSS C[ EANED & CHECKED 2 CATCH BASINS 09/19/01 VAIL RANCH CI_ EANED & CHECKED 59 CATCH BASINS 09/20/01 VAIL RANCH CI_ EAIqED & CHECKED 36 CATCH BASINS 09/20/01 CROWN HILL TRACT Ci EANED & CHECKED 18 CATCHBASINS 09/24/01 AREA #1 CI_ EANED & CHECKED 36 CATCH BASINS 09/25/01 AREA #1 CI_ EANED & CHECKED 33 CATCH BASINS 09/26/01 VAIL RANCH ROAD C£ EANED & CHECKED I CATCH BASINS 39263 SPRINGTIME CLEANED & CHECKED 1 CATCH BASINS 09/26/01 TOTAL CATCH BASIl, S CLEAN] '.I} & CHECK]El} 199 CITY OF TEMECULA DEPARTMENT OF PUBLI~ .~ WORKS ROADS DIVISIO~ GRAFFITI REMOV/ ~L MONTH OF SEPTEMBE ~ 2001 DATE LOCATION i WORK COMPLETED 09/10/01 RANCHO CALIF. RD. ~, PROMENADE CHARDONNAY HILI~S REMOVED 4 S.F. OF GRAFFITI 09/10/01 MARGARITA ROAD AT STONEWOOD ?,EMOVED 4 OF GRAFFITI 09/10/01 VAIL RANCH AT NIGHTHAWK REMOVED 2 S.F. OF GRAFFITI 09/10/01 DEER MEADOWS AT NO. GENERAL KEARNEY REMOVED 14 $.F. OF GRAFFITI 09/11/01 MEADOWS AT PAUBA REMOVED 60 S.F. OF GRAFF1T[ 09/12/01 27537 COMMERCE CENTER DRIVE REMOVED 2 S.F. OF GRAFFITI 09/12~) 1 MIRA LOMA AT SAN JUAN PLACE REMOVED 60 S.F. OF GRAFFITI 09/12/01 MIRA LOMA AT RANCHO VISTA REMOVED 6 S.F. OF GRAFFITI 09/12/01 WINCHESTER AT RALPH'S STORE REMOVED 6 $.F. OF GRAFFITI 09/13/01 MOONTIDE AT SOUTHERN CROSS REMOVED 2 S.F. OF GRAFFITI 09/18~1 44520 BEDFORD REMOVED 26 S.F. OF GRAFFITI 09/19/01 LINALOU RANCH ROAD REMOVED 26 S.F. OF GRAFFITI 09/19/01 27780 JEFFERSON REMOVED 100 $.F. OF GRAFFITI 09/19/01 27182 RAINBOW CREEK ROAD REMOVED 10 S.F. OF GRAFFITI 09/25/01 RANCHO CALIFORNIA ROAD REMOVED 16 S.F. OF GRAFFITI 09/26/01 CAM]NO PIEDRA AT PIEDRA ROJO REMOVED 14 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 352 TOTAL LO(~ATIONS 16 0 0 0 0 0 0 0 0 tO 0 C) 0 0 Z OF PUBLI~ WORKS DEPARTMENT ROADS DIVISIO~ ASPI~ALT (POTHOLES) ~EPAIRS MONTH OF SEPTEMBE IL, 2001 DATE ~CATIOn S COPE OF WORK S,F. tOTAL ~ TONS 09/05/01 27941 JEF/~'ERSON Rd,R A.C. 180 6.5 09/06/01 FRONT STREET R ~: R A~C. 28 1.5 09/07/01 27941 JEFI~EI<SON R~R A.C. 180 6.5 09/12/01 27941 JEFIYERSON R ~: R A.C. 230 6.5 09/13/01 FRONT STREET AT BODY GRAPHICS O~ ERLAY A.C. 150 1.5 09/17/01 27941 JEF~ERSON O~ ERLAY A.C. 578 5.5 09/18/01 27941 JEF/~'ERSON R~:R A.C. 175 6.5 09/19/01 27941 JEFFERSON O*RLAYA.C. 175 2.5 / 09/20/01 27699 JEFFERSON OVERLAY A.C. 841 5.5 09/24/01 29720 MONTE VERDE R ~ : R & OVERLAY A.C. 202 2.5 I I I I TOTAL $.F. OF [~P3dR8 2~?$9 TOT~ TONS 4~ iDATE 09/05~1 09/11/01 09/14/01 09/14/01 09/20/01 09/21/01 CITY OF TEMEC~A DEPARTMENT OF PUBLI~ WORKS ROADS DIVISION RIGHT-OF-WAY TREE TR [MMING ~ONTa O~ S~PT~Sm~ ~, ~00~ : LOcA~ON TRIMMED 2 R.O.W. TREES 44838 CAMINO ALAMOSA I I TRIMMED 2 R.O.W. TREES RANCHO VISTA AT MIRA LOMA MEADOWS AT McCABE CALLE MEDUSA I~i.INDA AT PAUBA TRIMMED 7 R.O.W. TREES TRIMMED TRIMMED TRIMMED 2 R.O.W. TREES 3 R_O.W. TREES 10 R~O.W. TREES TOTAL ILO.W. TI CITY OF TEMECUI A DEPARTMENT OF PUBLI~ WORKS ROADS DMSION STENCILS / STRIPI~ IG DATE LO~ATIo~'' ' WORK COMPLETED 09/04/01 ~A gl ~P~ 25 LEGE~S 09/05/01 ~A gl ~P~ lED 40 ~GE~S 09/~51 ~A gl ~P~D 21 LEGE~S 09/1151 McC~E AT ~OWS ~ST~L~ 9 LEGE~S 09/1151 McC~E AT ~OWS ~ST~D 40 L.F. ND C~ 09/1251 ~A#1 ~P~D 31 LEGE~S 09/13/01 ~A#1 ~ I'ED 30 ~G~S 09/18/01 30772 LO~ L~A ~ST~L~ 25 L.F. ~D C~ 09~0/01 ~A ~2 ~P~ 42 ~GE~S 09/24~ 1 ~ g2 ~P~D 32 LEG~S 09~5~2 ~ g3 ~D 18 LEGE~S 09~7/01 ~A g3 ~P~D 23 LEGE~S I TOT~ ~W & ~P~D ~GE~S 271 ~ & ~P~D ~ C~ & S~G ~F. 65 1 CITY OF TEMECU] ,A DEPARTMENT OF PUBLI~ ~ WORKS ROADS D1VISIOb SIGNS MONTH OF SEPTEMBE R, 2001 ~ ~ WORK COMpLETED DATE LOCATION 09/04/01 AREA #2 REPLA~ED 32 S.N.S. 09/04/01 RANCHO VISTA AT PASEO GOLETA REPLA~ED R-1 09/04/01 CORTE ARROYO AT CORTE ALAMAR REPLA~ED R-l 09/04/01 VIA EL GRECO AT CORTE CAMARILLO REPLA~ED R- 1 09/04/01 VIA VISTANA AT CORTE CANEL REPLA~ED 2 R-1 CALIFORNIA ROAD AT JEH~ERSON REPLA~ED R-2 "40" 09/04/0 1 RANCHO 09/05/01 YNEZ AT SANTIAGO REPLA~ED R-2 "45" 09/05/01 AREA #2 REPLA~ED 14 S.N.S. 09/05/01 DE PORTOLA AT JEDEDIAH SMITH REPLA ~ED 2 R-1 09/07/01 MARGARITA AT GEORGETOWN REPLA ~ED W-17, TYPE K, R-1 & R-7 09/10/01 FIRE STATION #12 INSTA/ ,LED R-99 09/10/01 VAIL RANCH REPLA 2ED 2W17, R61, W56, R-7, TYPE K 09/11/01 M¢CABE AT MEADOWS 1NSTA~ ZED 2 R-1, 2 W-17, R-26 09/12/01 JI~FFERSON AT SANBORN INSTP~ ,LED 2 RED "lq" MARKERS 09/12/01 CHERRY AT ADAMS INST/~ ,LED 2RED "N ' MARKERS, W57 09/12/01 McCABE AT MEADOWS ~qST/~ .LED 2 W63, 3 R-I-A 09/12/01 PALA ROAD AT LOMA L1NDA REPLA 2ED W-17, 3 R-1-A 09/12/01 VIA CORDOBA AT VIA DEL CORONADO REPLA 2ED R-1 09/13/01 VAIL RANCH REPLA 2ED R- 1, 2 R-45, W-41, 2 R-7, 2 K MARKER 09/14/01 MARGARITA AT McCABE INSTA ,LED 2 R-I, 2 R-I~A 09/14/01 RANCHO VISTA AT LOMALINDA INSTAl LED R-2 45 09/17/01 MEADOWS AT McCABE INST~LED W-17 09/17/01 VPdL RANCH REPLA~ED TYPE N, 3 R-7. W56, 3 "K" MARKERS 1 09/17/01 LA SERENA AT CAMINO CORTO REPLA~ED R-1 1 09/18/01 PALA ROAD REPLACED RV R-26 / Ill 09/19/01 V~ ~CH ~PL! CED 5 R-7, 5 K ~RS, W56, T~E "~' 09/20/01 ~OWS AT McC~E ~ST~LED C-17 ~ T~E "~' 1 C~O ~A~N ~ST~LED 3 BL~ R.P.M. 09/20/0 I 09~0/01 32846 ~O CO~T ~ST~LED 3 W-53 / 09/20/10 43463 ~SS~A ~ST~D 2 W-53 09/20/01 32411 CASSIO ~STg LLED W-53 09~1~1 ~G~TA ~DLE SCHOOL ~STg LLD 2 BUSES O~Y 09/21~1 C~O ~E ~ST3 LLED W53 09~4/01 WOLF V~LEY AT CITY L~TS ~PL/ CED ~ "55" 09/25/01 P~A RO~ AT ~S~RS ~PL/ .CED ~ "50", K ~ 09~5/01 V~ ~CH ~PLI CED ~ "25", 2 R-7, K ~R 09/27/01 D~ AT ~C~S~R ~PL/ CED ~6 A 09/27/01 ~VO D~ ~PL~CED ~6 A I I I TOTAL $IGI~ $ REPI.&CED 108 TOTAL SIGI~ $ INSTALLED 35 TOTAL SIGI~ $ REPAIRED 12 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council Jim Domenoe, Chief of Police/'~ October 23, 2001 Monthly Departmental Report The following report reflects special teams, traffic enfomem, dudng September of 2001. The Police Department respon~ service during the month of September, with an average minutes. A total of 3,309 calls for police service were gener~ month. During the month of September, the Temecula Police Depad a total of 180 customers. This month, forty-three sets of fir APPROVAL CITY ATTORNEY l"u'u'vl DIRECTOR OF FINA~I.,,CE CITY MANAGER ~ ' -' and miscellaneous activity occurring led to forty-five "priority one" calls for response time of approximately 4.9 ted in the City of Temecula during the ~nent's Town Center Storefront served gerprints were taken, forty-six people filed police reports, sixteen people had citations signed off ~ nd five oversize vehicle permits were issued. Crime Prevention Officer Lynn Fanene participateI in a number of special events and community-oriented programs during the month. Officer FI' nene conducted two Neighborhood Watch Meetings, and four Crime Prevention workshops/pre~Jentations. He also provided a tour of the station facility. Additionally, he continued to provid~p residential and business security surveys/visits and past crime follow-up. Officer Fanene alsp continued to process City Planning Department submissions of site plans/conditions. / / The POP Team continued to work on the "Crime Free Multi-Housing" project. At this time there is 70% compliance with this program across the City and they a~re working with two complexes, which are in the final stages of certification. Three complexes Were re-certified during the month of September. The team continued their Warrant Apprehensibn Program during the month, which resulted in one felony warrant arrest and one misdemear~or warrant arrest. The POP Team continued with their proactive patrol efforts and made ani additional· felony arrest and fifteen misdemeanor arrests dudng the month of September. The~OP Team also conducted two decoy programs; one for the sale of alcohol to minors, which resulted in three misdemeanor cases, and the other for the sale of tobacco to minors, which resulted in two misdemeanor cases. / The Old Town Storefront serves as an office for the POP team and a location to assist the public with police services. This has greatly increased their availability to serve the Old Town area. Dudng September, the Old Town Storefront served 125 customers. ~Eleven sets of fingerprints were taken, six reports were written, and one citation was signed off. Monthly Departmental Report Page 2 The traffic team reported that dudng the month of Septemb hazardous violations, 147 citations were issued for non-h .ci!ations were issued. During the month there were eight i ~njury collisions were reported and twenty-five drivers were Enforcement Team (NET) program resulted in thirty-eight addresses traffic concerns in residential neighborhoods witl program (Stop Light Abuse Program) resulted in fifty-eight ( During the month of September, the POP officers assigned of 109 calls for service. The majority of these calls were fo month, calls and on-sight activity resulted in the criminal arr, and two felony cases for various offenses. Two citations w Rupe continued to provide training to secudty staff during th vehicle theft and burglary programs during the month. One, occurred during September. The posse also increased their with frequent patrols of the parking areas. The school resource officers continued to remain active conducted six elementary school presentations. The topic Danger." Additionally, a presentation by Officer Rahn on "La at the Temecula High School. The five school resource offi, sessions with students. No arrests were made durin investigations/reports were conducted/written by the school The JOLT program (Juvenile Offender Law Enforcement Proc through its Youth Court program. Officer Sherry Adams con~ session. The JOLT officer assisted at other schools when er there were 382 citations issued for azardous violations and 143 parking ljury traffic collisions fifty-seven non- arrested for DUI. The Neighborhood :itations being issued. This program ~ a dedicated motor officer. The SLAP :itations being issued. o the Promenade Mail handled a total ' shoplifting investigations. During the ;st and filings on eight misdemeanors ~re also issued. Officers Robles and .~ month. The mall officers worked on 'ehicle theft, but no vehicle burglaries, resence around the mall on weekends during September. Officer Shetler ~f those presentations was "Stranger ,v Enforcement as a Career" occurred ;ers also conducted many counseling ] the month. A total of thirty-four resource officers during September. ram) continues to be a success in part Acted the seventy-second Youth Court 9eded and conducted follow-ups with parents of juveniles in the JOLT program. Officer Adams c qtinued to work with "at risk"juveniles throughout the month and also conducted counseling session~ with their parents. She also assisted the District Attorneys Office and the Probation Department by providing training during home visits with incorrigible/at risk juveniles. Officer Adams made a felohy arrest on September 13th. During the month of September, the Special Enforcement Pauling and John Morin handled a total of seventeen c~ misdemeanor and seven felony arrests, primarily for narcc citations for vadous violations. This team continues to work str within the city on a pro-active basis. During this month th~ narcotics offenders and conducting parole and probation se~ l'eam (SET Team) of Officers Todd ~ses. These cases resulted in ten lics violations. They also issued ten ~et level narcotics and specialty patrol team was involved with registering rches. As a result of these programs, the officers recovered quantities of cocaine, "rock" cocaine a ~d marijuana. Officer Modn attended narcotics school from September 17th to September 28th, Bot~ officers also assisted at the Rod Run Revisited, where they made a felony arrest for a parolee at I~rge (PAL). / Volunteers from the community continue to be an integral part of the Temecula Police Department's staff. Under the guidance of volunteer coordinator Officer Eric Albert and assistant coordinator Gayle Gerdsh, the Police Department's volunteer staff ccntdbuted 633.5 hours of service in September. Volunteer assignments include computer data input, logistics support, special event assistance and telephone answering duties. Dudng September, the Temecula Police Department continue d to actively recruit candidates for the CAP (Community Action Policing) Program that is being in' )lemented and will go into effect in Monthly Departmental Report Page 3 November. Interviews with potential candidates occurred quality candidates were identified who would be able to ~ beginning Saturday, October 20, 2001. This academy is November 17, 2001, at which time these volunteer graduat augment patrol officers within the City. Some of the duties t are vacation checks, business checks, special events, aban~ goal of the program is high visibility, which prevents crime fro~ have the ability to report suspicious activities and persons diF The reserve officer program and mounted posse are ad, available to the police department. The police department patrol, traffic enforcement, cdme prevention, off road vehicl~ functions. Reserve police officers worked a total of 145.5 ho specifically spent on patrol in Temecula). during September, and a number of trend the informative CAP academy, scheduled to conclude on Saturday, ;s will become available to assist and ~ese volunteers will be responsible for Ioned vehicles and traffic control. The n occurring. These volunteers will also ;ctly, via police radio, to sworn officers. litional valuable volunteer resources utilizes reserve officers to assist with ~ enforcement and a variety of special ars during the month (96.5 hours were TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jim O'Grady, Assistant City Manage..._ October 23, 2001 Economic Development Monthly Department Prepared by: Gloria Wolnick, Marketing Coordinator The following are the recent highlights for the Economic De of September 2001. APPROVAL CITY ATFORNEY ~ DIRECTOR OF FINANCE / CITY MANAGER ~ ~ I Report 'elopment Department for the month ECONOMIC DEVELOPMENT Leads & Inquiries In the month of September, the City received 2 inquirie= restaurant and a cabinet business. In the month of September, the Southwest Riverside Co,, from the Inland Empire Economic Partnership (IEEP) o As a result of advertising efforts, the Alliance received 14 from personal inquiries and brochure response cards. Attached is a copy of their activity report. Retention Site Visits As part of the EDC's Business Relations Committee, staff Advertising on September 11~. On September 27th, the EDC of Southwest Riverside Cou~ Corporation, which is a water jet and lathe cutting business wanted to discuss. The company also owns Quicksilver. Media/Outreach Materials The leads included a Japanese Alliance responded to 5leads behalf of the City of Temecula. iquiries. In addition, 9 leads came met with Mike Wilson of Temeka ~ty and staff met with the Osonno regarding some concerns that they The second edition of the "Welcome to Temecula Valley ~ lewcomer and Relocation Guide" is complete and ready for distribution this month. The City )laced a full-page ad on the inside cover adjacent to Guidant Corp. The guide is distributed ~hmugh the EDCs, Chambers, and Cities in Southwest Riverside County and is also distri Jted in hotel rooms including the Embassy Suites in Temecula. The guide has been extr( publishing, "Welcome To Inland Empire Newcomer an 3ely successful. Hedtage Media is Relocation Guide." The City will receive a full-page color ad free of charge due to their er address. The guide will publish in February. Staff wrote an article for the Chamber of Commerce mon! New & Distinct Community". The elements of the maste~ the project were highlighted. Staff provided information to Neighbor's magazine fo magazine is distributed to residents on a monthly basi projects, city events, city website information, traffic update ~r of not including our new website hly newsletter titled, "Harveston - A )lanned community and benefits of their October issue. This local The City section highlights new nd Mayor's column. tn September, Jynelle Gracia, writer for Where to Ri ,tire magazine, contacted the City requesting new photography for an updated article on rTemecula that will appear in their November issue. They previously wrote about Temecula in January 2000 and received such great feedback on the article that they wanted to feature Temecula for a second time. Meetings On September 6th, staff attended a meeting with Califon applicability of State programs with a major Temecula empl Staff met with SANDAG, WRCOG, and other agencies jobs/housing grant, which was recently awarded from Development. On September 11th, staff met with Ron Nater, a consultan Economic Alliance, regarding UCR CONNECT program an County to high-tech businesses located in the Silicon Valle Staff attended the Southwest Riverside County Econor 12th. An update was given on the GIS contract, which was a customized GIS program for the Southwest Riverside £ given on upcoming trade shows, the CD Rom, Economic P campaign. Consultant Ron Nater reported on his a~ companies. During the month of September, staff attended several Shuffle project. ,ia Trade & Commerce to discuss /er. on September 11th to discuss the he State Department of Housing & for the Southwest Riverside County :i on marketing Southwest Riverside ic Alliance Meeting on September awarded to GIS Planning to develop ountry region. Status reports were 'ofile and end of the year advertising ,~ivities in pursuing Silicon Valley ~eetings to discuss the Harveston On September 19t~, a Mayor's Business Lunch Meeting was held at the California Grill with local hotel. Representatives from Embassy Suites, Ternecula Valley Days Inn, Temecuia Creek Inn, Best Western Country Inn, Comfort Inn and the Palomar Hotel attended. The hotels stated that they run 75% - 95% occupancy and are bool place on how the tragic events of the recent terrorism atta¢ tourism industry locally and overall. There was discussic tourism promotion and tourism development (i.e. conventio The hotel operators were in support of this. On September 21st, the Mayor and staff attended ti Manufacturers' Council Luncheon. The program cons Pechanga Entertainment Center, hotel, convention center, Staff attended the Economic Development Corporatie Board of Directors Meeting on September 20th. Items dis~ ed on weekends. Discussion took ks were affecting the hospitality and of raising the T.O.T. tax to fund center) and cultural arts programs. ~e Southwest Riverside County sted of a presentation on the new id golf course. of Southwest Riverside County :ussed included the following: SCGA will handle the upcoming EDC Golf Toumam, ~nt. The Pro Business Campaign's name was changed to the '¥oter Education Campaign". To increase the voter turnout, the EDC has been cc ntacting the larger employers to see if they would support having a voter registration tabl~; set up dudng lunchtime. The EDC President attended the Temecula Ma or's Luncheon with the Hospitality Industry. Discussion took place on raising the T.O.T. tax to fund toudsm promotion and tourism development (i.e. convention center) and cdltural arts programs. The EDC may get involved in promoting the new tax with the C doing this. · The Energy Audit Project was a success. Th~ businesses in SW Riverside County and will put the The businesses really appreciated the audits. TI' were located in Lake Elsinore. They do not recommended changes so the EDC will assist them · The EDC attended the RCIP & CETAP meeting distributed on the Winchester to Temecula Corridor Corridor CETAP EIPJEIS packets and other literatur · Staff made a brief presentation on the Etco Plaza assembling information and will provide it to the market the project. TOURISM Media/Outreach Materials The City received a free full-page ad in the San Diego C( will debut on October 30t~. This publication is sent to m The City was given the complementary ad as a "thank y~ CONVIS Visitor Pocket Guide and Anaheim/Orange Count Staff sent November/December Calendar of Events to [ Special Section on September 24th. They will be hi upcoming special section. The fall edition of Where - Orange County magazine was co-op ad and the magazine included listings on Temecula's Media Day/Special Events Staff attended The Great Temecula Tractor Race Media 7t~. The media event was filmed by the Outdoor Channel station at a later date. On September 13~h, staff attended the Opening Night International Film & Music Festival. The City was a Festival. Councilmember Jeff Stone spoke on behalf of th and attendees. In the month of September, staff held several planning me~ event organizers of the Fall Rod Run. The Rod Run was Town and proved to be very successful. ~amber. The Chamber is presently ;y completed 100 audits to small results in a format to be distributed. e businesses that were hit hardest have the cash flow to make the to find money. on August 27th. Information was and Hemet to Corona/Lake Elsinore roject. Davcon Development will be DC members so that they can help ~VlS Travel Planners Guide, which ,,eting planners throughout the U.S. iu" for advertising in the San Diego CONVIS Visitor Guide. =,vid Newiand with the LA Times hlighting Temecula's events in an ~)ublished and contained Temecula's special events (see attached). Day, which was held on September which will be shown on their cable stivities for the Temecula Valley :knowledged for its support of the Council welcoming the filmmakers ~tings with the City Departments and th Ih held September 28 and 29 in Old MeefinRs Staff attended the Chamber of Commerce Tourism Con Staff gave an update on the city's media/advertising eff¢ being made to the City's trade show booth for the upcom[ shared with the committee that Temecula will be highli(. Pasadena Tournament of Roses. Staff attended the Board of Directors Meeting for the I~ September 11th. Discussion items included the Califor Referendum, the Inland Empire International Business Ass( Committee members reviewed the IETC work plan. The T¢ which will be held at the San Bemardino Hilton on October Consulting will discuss current trends and near-term outloof Staff attended the Chamber FAM Tour Committee Meel 25th. The event is scheduled for October 20 - 21. The itine discussed tour attendee responses. On October 24th, staff met with Caroline Cassino of arrangements for the evening dinner and hotel accomm¢ October. Temecula Creek Inn will provide all of the hotel the writers. ATTACHMENTS Temecula Valley Chamber of Comme Economic Development Corporatio] Activities Report Southwest Riverside County Econom Inland Empire Economic Partnership ~ Temecula Valley Film Council Activiti~ Where - Orange County Magazine Ac mittee Meeting on September 6th. rts, talked about the improvements ~g travel trade show in October and hted on the Ontario's float for the ,land Empire Tourism Council on fia Travel & Tourism Commission ciation, and an upcoming FAM tour. urism Luncheon was also discussed l0th. Bruce Baltin, Senior VP of PKF for the regional hotel industry. lng, which was held on September ary was finalized and the committee 'emecula Creek Inn to make the lations for the travel writers visit in accommodations and the meals for rce Activities Report of Southwest Riverside County Alliance Activities Report \ctivities Report ~s Report (not submitted) October 9, 2001 Shawn Nelson, City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Shawn, 27450 Ym Temec Phone (909) 676-5~ Road, Suite 124 ila, CA 92591 i90 · Fax (909) 694-0201 Attached please find the Monthly Activity Report provided as pe Temecula. This is the month of September at a glance: Business Inquiry Highlights: In the month of September, 9 businesses requested information c ~r, Temecula. They received a business packet, which includes a demographic, relocation, housing, rentals, maps, organizations, The aovemment Actton Committee's Voter Education Program 5,000 flyers, payroll stuft~rs and voter regislration cards to the lc have been encouraged to vote this November and attend the City goal is to reach a 73% voter turnout. In 1999, the City had over ~. 5,800 voted. We will continue to strive to make this program a I' Committee Highlights: · Tourism & Visitors Council: Committee members are plat Booth at TVCC's "Business Showcase". Area tourism infon businesses and residents. The City of Temecula and the Cha will ,p, romote Temecula to tour operators, group leaders and t Live trade show in Ontario, California on October 28 & 29. · Education Committee: Members of the committee attende~ to inquire how the Chamber members could aid in support. be scheduled shortly. The committee is soliciting Chamber raise funds for Redhawk Elementary School. our contract with the City of t starting or relocating their business copy of the City of Temecula rask Fome has distributed over gal business community. Members Council Candidates Forum. Our 12,000 registered voters and only uge success. ning to provide a Temecula Tour/sm nation will be distributed to local nber trade show task force leaders 'avel agents at the "Group Tour TVUSD's K-5 Principals Meeting 'ask forces for various projects will ~embers for used toner cartridges to Ways & Means Committee: This year's Monte Carlo Extra September 19, 2001 at Wilson Creek Winery from 5:30pm - success. The l0th Annual Business Showcase has been scher Pechanga Entertainment Center from 5:00pm - 8:30pm. Co sponsor for the event. Applications are currently being accel Business of the year. The awards will be presented at this ye for February 23,200 !. Local Business Promotions Committee: The Local Busine aganza took place Wednesday, 8:30pm. The event was a great uled tbr October 17, 2001 at nmanity Little Book is this year's .ted for this year's Citizen and ~r's Installation Dinner scheduled s Promotions Committee is currently recruiting for the November Shop Temecula First ( ampaign. Currently having 96 confirmed participants. The Committee is also looking into Ways of improving promotional items ' distributed with the campaign. The Businesses of the Month ~or October selected by the Local Business Promotions Committee are The Californian and J.L Construction. Other campaign winners are Miramonte Winery was awarded the Chamber SI otlight, and Ross Fabrics & Interiors was the Mystery Shopper winner for the month of C ctober. Government Action Committee: The committee is prepari~ Forum on October 10, 2001 at 6:00 p.m. in the City Council ~ from the Chamber members and will be randomly drawn for Voter Education Campaign is on its way to educate the publi~ businesses make to the community and to encourage everyon Built Temecula, Business Will Sustain It. Vote Smart[ Flyers available. Voter regislration forms are available at the Cham Membership Committee: The membership committee wou members that joined during the month of September. A very was held at Pat & Oscar's in Temecula last October 5, 2001 ~ attendance. Congratulation to Timmy D Productions, the wir Drive. Tourism Highlights (Bulk brochure distribution) Activity Report: · 350 Winery Brochures to Rosa's Cantina Restaurant and Indi · 100 Temecula Brochures and I00 Winery Brochures for distr · I00 Temecula Brochures, 100 Winery Brochures and 40 Visi~ distribution to guests. · 50 Winery Brochures and 25 Visitor Guides to Temecula Val gnests. 30 Temecula Brochures, 30 Visitor Guides and 30 Winery Br distribution to guests. · 20 Temecula Brochures, 20 Visitor Guides and 20 Winery Br tbr distribution to executives visiting Temecula. · 16 Visitor Guides and 16 Winery Brochures to Elitest for dist Temecula. 2 tg for the televised Candidates ~'hambers. Questions were polled he candidates' responses. The on the contribution leaders and to vote. The slogan is, Leadership stuffers, and presentations are d like to welcome the 39 new successful Roundtable Discussion 'ith over 20 business members in ncr of the September Membership a Oaks for distribution to tourists. bution in FAM Tour invitations. Or Guides to Embassy Suites for ~y Days Inn for distribution to chures to Temecula Creek Inn for chures to Chemicon International ibution to an RV Group visiting Activity Report: · Total Tourism calls were 1,677 in September. · Total Phone calls were 3,132 in September. · Total Walk-ins were up 21 percent in September. · Total Mailings were 207 in September. · E-mail requests were up 62.68 percent in September. Also attached are the meeting minutes for the Tourism and Visit Means, Membership and Marketing, Local Business Promotions and an October issue of Temecula Today! If you have any quesl please call me at (909) 676-5090. Thank you. Sincerel~/~.~ President/CEO cc: Mayor JeffComerchero Mayor Pro Tern Ron Roberrq Councilman Jeff Stone Councilman Sam Pratt Councilman Mike Naggar Shawn Nelson, City Manager Jim O'Grady, Assistant City Manager Gary Tnornhill, Deputy City Managn' GIor/a Wolnick. Marketing Coordina~r T/CC Board of Directors rs Council, Education, Ways & Government Action Committee's ions regarding this information, TEMECULA VALLEY CHAMBER OF COMMERCE MONTHLY ACTIVITY REPORT FOR SEPTEMBER 2001 PHONE CALLS TOURISM TOURISM REFERRALS Calendar of Events Special Events General Information TOTAL TOURISM CALLS Chamber Vis. Cente This Month This Montl 277 182 208 1,010 1,677 RELOCATION DEMOGRAPHICS CHAMBER MISCELLANEOUS TOTAL PHONE CALLS * CHAMBER REFERRALS 128 52 1,046 229 3,132 N/A WALK-INS TOURISM CALENDAR OF EVENTS SPECIAL EVENTS GENERAL INFORMATION RELOCATION DEMOGRAPHICS CHAMBER MISCELLANEOUS TOTAL WALK-INS 230 163 100 925 165 74 705 214 2,576 MAILINGS TOURISM RELOCATION DEMOGRAPHICS TOTAL MAILINGS 91 60 56 207 E-MAIL TOURISM RELOCATION MISCELLANEOUS TOTAL E-MAIL WEB PAGE USER SESSIONS 46 22 163 231 N/A GRAND TOTALS PHONE CALLS WALK-INS MAILINGS E-MAIL THIS M( CHAMBER REFERRALS Total Year-To-Date 3,128 1.772 2,469 10,385 17,754 1,849 689 10,808 1,816 32,916 N/A 145 3,811 1 1,583 0 951 204 10,898 2 2,179 0 833 0 8,006 0 1,805 352 30,066 1,064 924 744 2,732 ~TH ;,132 ~,,928 207 231 N/A 436 32O 1,103 1,859 N/A YEAR-TO-DATE 32,916 30,066 2,732 1,859 Chamber September, 2000 PHONE CALLS TOURISM Tourism Referrals 368 Calendar of Events 156 Special Events 154 General Information 1,179 TOTAL TOURISM CALLS 1,857 RELOCATION 138 DEMOGRAPHICS 59 CHAMBER 1,211 MISCELLANEOUS 176 TOTAL PHONE CALLS 3,441 CHAMBER REFERRALS N/A WALK-INS TOURISM 174 CALENDAR OF EVENTS 96 SPECIAL EVENTS 36 GENERAL INFORMATION 726 RELOCATION 138 DEMOGRAPHICS 101 CHAMBER 766 MISCELLANEOUS 106 VISITOR CENTER WALK-INS 279 TOTAL WALK-INS 2,422 MAILINGS TOURISM 121 RELOCATION 61 DEMOGRAPHICS 61 TOTAL MAILINGS 243 E-MAIL TOURISM 34 RELOCATION 24 MISCELLANEOUS 84 TOTAL E-MAIL 142 Cham Septembe * Chamber referrals reflects faxes, walk-ins and phone calls :OMPARISONS 2001 277 182 208 ,010 ,677 128 52 ,046 229 ,132 N/A 23O 163 100 925 165 74 705 214 352 928 91 60 56 207 46 22 163 231 Percentage Increase -25 17 35 -14 -10 -7 -12 -14 30 -9 N/A 32 70 178 27 20 -27 -8 102 26 21 -24.79 -1.64 -8.20 -14.81 35.29 -8.33 94.05 62.68 October 11, 2001 Jim O'Grady City of Temecula PO Box 9033 Temecula, CA 92589 RE: Activity Summary - September 2001 Business Development Staff received the following two business development leads: · September 12, 2001 - A phone inquiry from Iris[ manufacturing/commercial/industrial businesses in the region ] a database of contacts to Ms. M¢llor. The original request Murrieta. · September 25, 2001 - An in-person visits with Alan Andersc requested regional demographics. Mr. Anderson recently mc He requested information to start a business in telecoran provided Mr. Anderson with many business referral contact~ demographic reports for the cities of Lake Elsinore, Murrk referred to Stevie Field to follow up on available office space. Community Outreach Staff attended the following meetings/events to promote and assist September 6, 2001 - Professional Women's Roundtable (P featured speaker. The organization is a non-profit entity dc professionals. Economic development opportunities within the. · September 7, 2001 - Murrieta-Temecula Group Meeting - and Paleontology Museum and Research Center proposed to b · September 7, 2001 - TVCC Voter Education Campaign Me · September 12, 2001 - SWRC Economic Alliance Meeting business attraction activities. · September 21, 2001 - SWRC Manufacturers' Council L viewing of the new Pechanga Entertainment Center and Hotel/I team building by Bob Larson. · September 28, 2001 - Lake Elsinore Valley Chamber of Co of the EDC, staff provided volunteer services at the day-lonl support to the Chamber. Mellor who requested a list of employment purposes. Staff emailed vas referred to the EDC by the City of t of Gem Hawg Technologies, Inc., who red to Temecula from Sunnyvale, CA. unications/engineering. Ms. Sessions , a Business Resource Guide, and full la and Temecula. Mr. Anderson was fith economic development: VR) Meeting - Joan Sparkman was the signed to promote and mentor women ~rganization are numerous. Discussion was held on the Archeology ~ built at Diamond Valley Lake. ,'ting Discussion of regional marketing and nchcon - Featured topics included a ~'asino, and a presentation on corporate nmerce Golf Tournament - On behalf golf tournament to show partnership Jim O'Grady City of Temecula Activity Summary - September 2001 Page 2 of 2 Business Relations · September 6, 2001- (Sec attached meeting minutes for discu Administration/Organization · September 1-7, 2001 - Energy Audit Program - Staff rn energy audit project. The project is funded by Riverside Corn target goal to complete 100 audits by late October was achiew · September 12, 2001 - Energ~ Audit Program Meeting - TI at the Hemet Workforce Development Center to discuss the pr. · September 20, 2001 EDC Board of Directors Meeting held Temecula. (See attached meeting minutes for discussion topic: ;ion topics.) September 27, 2001 - Workforce Development Part Development Center in Temecula. Topics included mutual ~aff issues and interests relative to each panner agency within the Center. / Administration - Staff managed the daily operations of the 1 ~.DC office, finalized the EDC newsletter for distribution, mailed over 300 member solicitation letter, co npleted a significant number of website changes with more to follow, delivered various email "EDC and hired a new part-time office assistant, Mercedes Soto. This concludes the activity summary for September 2001. detail, please call me at 600-6064. Respectfully, Sh. Diane Sessions Executive Director anaged the Southwest Riverside County ty EDA, in partnership with Edison. The d forty-five days early. e Energy Audit Program Committee met ~ject's goals and effectiveness. in the Workforec Development Center in :.) ~er Meeting held in the Workforce ~dates" to announce community events, d you have questions or need further ECONOMIC DEVELOPMEN~ OF SOUTHWEST RIVERS BUSINESS RELATIONS COMI~ Thursday, September 6, 20 Workforce Development Center, E: 27447 Enterprise Circle West Committee Members Present: Aaron Adams, City of Temecula Tamera Durham, Foothill Independent Bank Dennis Frank, UCR Extension Michael Lewin, Miran, Edwards, Cannon, Harter & Lewin Lori Moss, City of Murrieta Mark O'Connor, Lee & Associates Rex Oliver, Murrieta Chamber of Commerce Tony Renz, Diversified, The Staffing Solution David Rosenthal, SWRC Manufacturers' Council Robert Ryan, Keeton Construction Diane Sessions, EDC Staff Gary Youmans, Community National Bank Call To Order · Committee Chair Michael Lewin called the meeting to or Welcome · Michael Lewin welcomed committee members and thank Follow-up Action Reports · American Industrial Manufacturing Services, Inc. (t to research and provide information on funding/tax credil · Urban Logic Consnltants - Stevie Field to provide information. Michael Lewin to contact Dennis Frank waste water and training information~ Company Contact Reports JL Construction - Rex Oliver reported he and Lori ~ Construction in Murrieta. The company is a general eont developments, with concentration in tenant improvement company is a sole proprietorship very new to Southwest Ri relocated l~om Lake Forest in Orange County. Mr. Like w reside locally and move his business. Priraary customers ar, company was self-ranked small in its industry, and the loca~ suppliers are local subcontractors. The owner does plan to ir CORPORATION [DE COUNTY [ITTEE MEETING l1 - 9:00 a.m. iecutive Board Room Temecula, CA Also In Attendance: JMS) - Alice Sullivan and David Rosenthal s for manufacturers that recycle water. owner with demographic and income data and Ted Hating to provide information on Oss met with James Like, owner of JL :actor/builder of industrial and commercial services. In operations for 36 years, the /erside County. The company was recently )rked in San Diego County and decided to ~ small and medical-related businesses. The economy was self-ranked stable. Principle crease the employee base in the future. He ier at 9:05 a.rt~ ~d all for attending. Business Relations Committee Meeting Minutes - September 6, 2001 Page 2 of 3 currently works out of his home and plans to relocate challenges or issues at this time. Goal Progress Report Michael Lewin announced that visits and phone intervie as follows: 27 visits ~ 3 points each + 33 phone interviews ~ 1 pc YTD VISIT PHONE POINTS Goal 27 33 114 Actual 2 0 6 Variance -25 -33 -108 2001-2002 Visitation Calendar · Mr. Lewin asked that committee members choose sew make scheduled visits. New Committee Assignments · Committee members assigned for September 2001 visi! O'Grady - blue binder #5, and Tracy Picquelle - green volunteered to take binders for September. · Strategic Visits - Y3K Decal, Micro Crystal, Bostik, and EDC News and Other Information · EDC Board Update - Gary Youmans reported the 20( Monday, June 17, 2002 at SCGA in Murrieta; Diane seminar in November; the next quarterly luncheon wa Morgan Stanley and Keeton Construction. Ms. Sessi an office site. Mr. Like did not have any is in the third month of the fiscal year were nts each = 60 visits/calis G114 points al months during the current fiscal year to were Alice Sullivan - blue binder #3, Jim binder #1. Lori Moss and Gary Youmans 2&C Craft .2 EDC Golf Tournament would be held on ~essions would attend a business retention being set up to feature Scotts Company, >ns reported the EDC would assist in the Temecula Chamber's Voter Education Program as a con: mittee member and would place flyers in the EDC newsletter. The newsletter would be proofed a~d sent to print immediately. Dick Kurtz volunteered to proofread the newsletter. City, County & Chamber Updates - City ofLalte Elsfi - Lori Moss reported that recent City Council meeting projects; the Planning Commission would review th September 18; the proposed annexation of areas alol discussed by the County Board of Supervisors on S~ Aaron Adams reported the City Council candidates woul Project was petitioned to halt its development. Riversid Elsinore Valley Chamber of Commerce - No report avai lore - No report available. City of Murrieta ; were lengthy due to important upcoming ~ Jefferson Corridor Industrial Plans on tg Murrieta Hot Springs Road would be :mber 27 at 9:00 a.m. City of Temecula - t have a briefing tonight, and the Harveston County EDA - No report available. Lake able. Business Relations Committee Meeting Minutes - September 6, 2001 Page 3 of 3 Murrieta Chamber of Commerce - Rex Oliver report~ thc Chamber would host a candidates' forum on Oct, council seat; the website would bc revamped; the Ch October 14; Tuscany Travel would host the monthly anyone who wishad to submit questions for Council c~ Item: Diane Sessions to send an email to EDC men questions by October I). Temecula Valley Chamber ~ Chamber would hold a press conference for the Voter E I the annual golf tournament was a success; ber 18 for those individuals seeking a city unber would host "Taste of the Valley" on mixer tonight. Mr. Oliver suggested that didates should do so by October 1. (Action ibers to invite their submittal of candidate fCommerce - David Rosenthal reported the tucation Program. SWRC Economic Alliance - Denni~ Frank reported he Alliance and UCR Connect would work together to identify local and regional venture/angel, apital partners to assist with the Alliance's marketing efforts. . SWRC Manufacturers' Council - David Rosenthal :ongratulated Keeton Construction on their recent relocation; the Council's luncheon would be held on Friday, September 21 at Pechanga Entertainment Center. Adiournment The meeting adjourned at 10:00 a.~ (9(~) ~dL3124 (~Tj dMlalMI {90~ 30~2489 t9(]S) 6~,-6444 t9~9) 600~000 ALLIANC TO: FROM: DATE: SUBJECT: Marlene Best Jim O' Assistant City Manager Assist City of Lake Elsinore City of Stevie Field Economic DevelopmentJMarketin October 2, 2001 SOUTHWEST RIVERSIDE COUI Dear Partners: Please consider this an update on the marketing Southwest Riverside County Marketing for Busi~ Leads: As a result of advertising efforts, fourteen leads ~ commemial and radio responses and brochure c 78 calls and/or follow-ups were made on recent Consutnq Ron Nater has completed his second month with Frank, Ed Sternagle and Joan Sparkman of UCR can work with Connect yet keep its interests in th Springboard panel at the September 28th meetir Ron continues to advise on various Alliance mart VC's and is in the process of a letter to the busir and investment to Southwest Riverside Count establishing a solid relationship with existing bus their supplier base. A complete update will be p~ October 10th. CD-ROM The latest copy of the CD-ROM will be provided voice over was completed on 9/21 and Ken is cu cover and label have been changed to our specif 3rady int City Manager Temecula LoriMoss Assistant City Manager City ofMuffieta Coordinator rY MONTHLY MARKETING UPDATE ~ctivities for the Alliance as required in the ess Attraction Agreement. ere generated, nine from personal inquires, ~rds, and five IEEP project leads. and pastleads. the Alliance. We recently met with Dennis ~'onnect, to again discuss how the Alliance e SWRC region. Ron will be sifting on the in Temecula. ting pieces. He has drafted a letter to the ;ss community to attract both businesses Ron mentioned again the importance of inesses in SWRC as well as tapping into 3vided at the regular Alliance meeting on ~ the Partners on Tuesday, Oct. 9. The ~'ently matching it to the CD-ROM. The cations and are ready final approval. Trade Shows As of this date, the Alliance has committed to th, · Wescon Oct. 16-18, San Jose, CA · COMDEX- Computer & Technology, Nov. · NACORE December 2-5, Nashville, TN Future show for consideration; · APEX - (formerly Nepcon) - Electronic asse · MD&M - Medical equipment, supplies and ~ Web-site/GIS following trade shows, which I will attend: 2-16, Las Vegas, CA bly equip., Jan. 22-24, San Diego, CA ~vices, February 5-7, Anaheim, CA A meeting with County GIS has been schedule for Thursday, Oct. 4th, for the purpose of obtaining requested information for the GIS project. I am still waiting for all requested information from the Partners. Once this inform :ion has been received, it will be forwarded to Anatalio for development of the database. Economic Profile Report A draft copy of the economic report was review Revisions have been made and a final draft will Oct. 5th. Re.qiona Update Breakfast On Sept. 26, I sent out an email regarding pros Breakfast. They were the following: Wednesday, October 31 Wednesday, November 7 Thursday, November 8 Tuesday, November 13 each Partner at the September meeting. e delivered for review by each Partner on ctive dates for the next Regional Update hich date works best with your schedule. I of Lake EIsinore can assist with the fees )nd Stadium or the Cultural Center. 'ill focus more on the Alliance activities, Each partner, however, will be provided Please check your calendars and let me know ofv am working with Marlene as to whether the City associated with having the breakfast at the Diam As discussed at the July Partner meeting, we v projects and progress rather than on city updates. with approximately three minutes for a brief upda On an ongoing basis I attend the following meeti~ Manufacturer's Council Business Relations Committee EDC IEEP Partner meetings Economic Development meetings concerning th UCR Connect meetings If you need any additional information or have 600-6066. Sincerely, Stevie Field Economic Development & Marketing Coordinatc Copy: Brad Hudson Robin Zimpfer Sarah Mundy Robed Moran Teresa Gallavan Southwest Riverside County region. [ny questions, please contact me at (909) www, ieep,com INLAND EMPIRE ECONOMIC PAR~E REAL ESTATE SUCCESSES (The IEEP reports monthly on significant real estate transactions that occurred with or without the a~ Walgreens Distribution Center wil construct a new distribu Moreno Valley. The initial size of the facility wil be 68~ approximately 200 people. This distribution center will employ an automated storage and retrieval system (ASRS). It is antici will ultimately employ some 600 people. The facility will 4ERSHIP -B istance of IEEP. in order to provide leads to our members.) Jon'center on 95 acres in the City of ),000 sc~uare feet and will employ the newest technology in the form of pared that the facility will expand and ~rve their retail outlets in Southern California, Nevada and Arizona. The Inland Empire Economic Partnership (IEEP) assisted this corn pany with site selection, site tours and the coordination of meetings and information. General Motors Service Parts Operations will construct th(~ir/404,000 square foot facility on 25 acres in the City of Rancho Cucamonga. They expect to employ 200 people at the facility. The facility will serve existing anc~ future dealerships in Arizona, Utah, Nevada and California. IEEP assisted in this project with participation in site tours and worl~force development information. Southwire Co., a manufacturer and distributor of cabling and/ Wire products has expanded into 171,000 square feet of industrial space ocated at 1495-1496 East Francis Street inOntario. The signing of this seven-year lease is valued at $4.6 million. Mic~hael Chavez and Bill Helm of Lee & Associates represented the lessor, Master Development Corp., in this transaction. Source: Co-Star M. Block & Sons, Inc., a Chicago-based wholesale distributiol company, has expanded from within Ontario moving [rom 128,000 square feet into a 285,600 square foot industrial building located at 5725 E Jurupa Street. The four-year sublease was valued at ~;4.1 million. Ron Washle of Grubb & Ellis Company represented the sublessee and Lynn Knox (:if CB Richard Ellis represented the sublessor, Skechers USA, in this transaction Alleg ance Health Care Group, America's leading provider' of health-care products and cost- management services, has signed a five-year lease for 19,459 square feet of office space at 4200 Concourse in Ontario. Allegiance is expected to move into the space in December of 2001. Phil Woodford and Vindar Batoosingh of CB Richard Ellis represented the lessor, Lord Baltimo~'e Properties, in this $1.96 million deal. Source: Co-Star Allianz of America Inc. a Westport, Connecticut-based insurance and financial services company, has purchased a 755,137 square foot Jndustria facility at 4290 Hamner Avenue in the Mira Loma Distribution Center. Although financial terms were not disclosed this is believed to be Riverside County's largest transaction to occur this year. Kent Hindes, I~eidi Phillips and David Hasbrouck of Cushman & Wakefield Inc. represented the seller, Pacific Newport Properties Inc.. in this transaction. Source: Co-Star CALENDAR ITEMS To register online for SBDC events: ~.~v. iesbdc.org October 17: "Show Me the Money" is a workshop that will provide y financing to small businesses in the I~land Empire. This one,day works 12 p.m. Cost is $20. For more information call 760.951.1592. October 18: A seminar for potential and existing home-based business Based Business" is being offered from 9 a.m. to 12 p.m. in Joshua 760.864.1311. October 18: What you don't know can hurt you! The California Em presenting "Payroll Tax News for the New Employer" from 9 a.m. to 12 information call 760,864.1311. October 23: The ',Entrepreneurial Finance and Accounting" semina~ accounting and finance principles for a small business. This seminar Bemardino. Cost is $20. For more information contact Melanie Cote at October 24: Simplify your accounting with a "QuickSuccess With Quicl seminar from 10 a:m. to 1 p.m. in Indio. An expert from Birdwell & Asso, u with an overview of available sources of ~oP is being held in Victorville from 9 a.m. to owners entitled "How to Succeed in a Home- 'ree. COst is $20. For more information call oyment Development Department (EDD) is m. in Palm Springs, free of charge. For more will provide you with a basic overview of s being held from 9 a.m. to 12 p.m. in San 909.781.2345. :Books Accounting Software" (for beginners) ;iates will conduct demonstrations on how to perform a variety of functions. Cost is $25. For more information call 7~ ;0.864.1311. October 31: "Recognition of Five and Ten-year Members" will be the tl~eme for the October IEEP MemberShip Luncheon that will be held from 11:30 a.m. to 1:30 P.m. at the San Bern;ardino Hilton, 285 E. HospitalitY Lane in San Bernardino. Cost is $25. For more information contact Margie Oswald ~t 909.89071090 ext. 236. November 1: Don't be intimidated by the Internet! A one-day seminar, ~ntitled "The Fundamentals of E-Commerce" is being offered from 9 a.m. to 12 p.m. in Rancho Cucamonga, 'ree of charge. For more information call 909.466.6244. November 1, 8, 15: "Develop Your Plan For Success", this three-weel; comprehensive seminar is being held from 9 a.m. to 12 p.m. at the Inland Empire SBDC, 1157 Spruce St., Riversi¢ e. Cost is $40. For more information contact Melanie Cote at 909.781.2345. November 8: What you don't know can hurt you! A seminar entitled ' Payroll Tax News for the New Employer" is being presented by the California Employment Development Departme~ ~t (EDD) from 9 a.m. to 3 p.m. in NorCo, free of charge. For more information contact Melanie Cote at 909.781.2345 November 13: Simplify your accounting with a "QuickSuccess V~ith QuickBooks Accounting Software" (for beginners) seminar from 6 p.m. to 9 p.m. at the Inland Empire SBDC, 1157 Spruce St., Riverside. An expert from Birdwell & Associates will conduct demonstrations on how to perform ~ variety of functions. Cost is $25. For more information contact Melanie Cote at 909.781.2345. November 16: IEEP is hosting their Annual Legislative Reception m ,mbership event from 5 p.m. to 7 p.m. at the Mission Inn Hotel, San Diego Room, Riverside, free of charge. Pleas 9 RSVP by Friday, November 9, to Margie Oswald at 909.890~1090 ext. 236. CHECK US OUT IEEP ACTIVITY REPORT SEPTEIVI[BER Business Develo merit noted s~x leads 28 ~n u~nes and two attra t~[ ns f r I f · p - ' , ' q ' ' , c 'p o a tota o 61 leads year-to-date. The Inland Empire I=ilm Commission (IEFC) - registered 28 total days of film activitY'and 101 requests for locations, with two permits issued in. San Bernardino County, one iSsued in Riversl.d,e County, and three issued for the Bureau of Land Management (BLM), for an economic impact of $778,500. Sm~ll Business Development Center ($BDCJ - reported the Creation of 24 jobs and the retention of 31 jobs for an economic impact of $1,778,000. The SBDC counseled 199 clients for 703 client hours, and conducted 19 training with 324 attendees. Housing Short Term: Long Term: A Special Thanks to ALL Sponsors a Inland Empire 2025: Withou Initial Regional Goals Pi Forcefully encourage Inland Empire delegation at State an( Encourage fiscal reform on the part of the State Legisl~ increased housing production. Technology Short Term: Long Term: Water Short Term: Long Term: nd Participants of the Compromise oritized: Federal levels to alter current funding formula. ture by rewarding local government for Focus on educating students about the opportunities fcr employment in our local technology companies with private sector involvement (interns, me ~tors, scholarships, and curriculum). Develop, attract, and retain high-tech companies and ~bs. Educating the public on water issues. Secure additional funding for water project (desalting, r Education/VVorkforce Development Short Term: Determine the needs of local business required to impr Long Term: Improve communication and cooperation needed betwt upgrade the curriculum required to support the rapid gr Transportation Short Term: Successful voter approval of reauthorization of existing Long Term: 1) Development of Inland Empire airports for passenge 2) Continue Riverside County's integrated plan to adval systems to improve mobility to Orange and San Ben Platinum Sponsors: BlA/Baldy View Chapter, CallPoint, Chaffey College, City of Hes[ Rcsourcc Trust (HART). Inland Empire Economic Partnership, Loma Linda University Mod The Business Press, The Gas Company ~ A Sempra Energy Company, 91 Express L Commission (RCTC). Silver Sponsors: A-Check America, Cadiz lnc., California State Un DPR Construction, Inc., Employers Group, Inland Empire Utilities Agency. A 19EW HIGH TECHIgOLOGY BUSIIgES The IEEP is aggressively working towards encouraging the expansion ~ addition, there are many Inland Empire programs that are in place whicl Inland Empire technology industries while also developing the resourc talent. Many technology industry sectors demand a unique set of re.. collaborations with academia and the private sector, specific business ~ The Technology Division of the IEEP assembled a series of on-lin technology entrepreneurs and start-up companies. The software tool is tool that was designed by Cybercem Resources, Inc. Iwww:cvbercomre~ and was provided to the IEEP to meet this need. Askit allows the clienl been set-up as those '?n/and Empire Resources that are relevant to; start-up companies. "The client posts a question on the clipboard, whicl consultant, who will respond. Sign-up to use Askit, This FREE on-line service can be accessed at: v clamation, and storage). ye their growth and profitability. en business and education to continually )wth of new technology. Measure A and Measure I programs. ~ and freight. ~ce construction of new transportation ;ardino Counties. ~-ria, Eastern Municipal Water District, Housing Action cal Center, Metropolitan Water District, Quality Printing, ;nos. Gold Sponsor: Riverside County Transportation versity San Bernardino - College of Extended Learning, DEVELOPMENT TOOL high-tech industry to the fnland Empire. in i focus upon nurturin9 the growth of existin9 ~s that stimulate and assist entrepreneurial ources including seed and venture capital, levelopment services, etc. ~ consultants that will meet the needs of :ailed Askit. Askit is a commercial software .ources.com~, an Ontario based 13' company, to choose a category from a menu that has he needs of technology entrepreneurs and ~ then is also delivered directly to the on-line ~Nw. explainthat.com/ieepf. 1 Tuesday, October 16 at 7:30 a.m. to the es who have recently been assisted by the ipating in regional economic development .890.1090 ext. 239. Please RSVP to Margie VIP POTEIgTIAL MEMBER BREAKFAS All IEEP members are encouraged to bring a prospective member Historic Mission Inn in Riverside to hear success stories from compan IEEP. Potential members will also hear about the benefits of parti( activities with IEEP. For more information contact Dianna Skeens at 90(` Oswald at 909.890.1090 ext 236. FILM COMIVIISSION UPDATE Sheri Davis, Director of the Inland Empire Film Commission (1[ responsible for starting the California On Location Awards seven year,, two other regional film offices. This is the largest event for the prodL Photography, Commercials, Television, and Feature Film Production sponsors of this event that will be held on Sunday, October 21, 2001, ~ a number of finalists in the categories of public employees who ~ jurisdictions. The local recipients who were honored at the previo~ Bernardino, Transportation Department; Trish Melton Fields, County ~ Land Management (Barstow Field Office); Lee Tainter, County of Riv Betty Hartenstine~ USFS (Big Bear); Don Roberts, Joshua Tree Nationa The IEFC is proud to have been involved With two film festivals in the Ir and Temecula Film Festivals had their opening nights on Thursday, S~ in New York. There was discussion of postponing both festivals, but the wanted .to show the world that the Spirit of America cannot be broken their communities and enjoyed by the filmmakers and local residents. C Wood Duck Productions in Big Bear for producing great events und~ recent film festivals the IEFC hosted a one-day FAM tour for 14 Ioca' locations throughout Big Bear and the San Bernardino Mountains. TI number of shows featuring Washington, D.C. and a number of East C( P/ease send materials for consideration to Diane Evans. Submissions cat fax to (909) 890-1088. All materials should be received by the last Friday INLAND EMPIRE ECONOMIC PARTNERSHIP 301 East Vanderbilt Way, Suite 100 San Bernardino, CA 92408 (909) 890-1090 Fax (909) 890-1088 tooms@ieep.com - www.ieep.com Gloria Wolnick City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 FC); one of two regional film commissions ago, is once again co-chairing the event with ction/Iocation teams in the categories of Still The State of California is one of the major ~t the Castaway in Burbank. There have been re involved directly with filming within their events were: Rich Olson, County of San Riverside EDA; Judi Kershberg, Bureau of 'side Fire Department; George Kenline and. I Park; Jodi Rods, Death Valley National Park. land Empire in September. Both the Big Bear ~ptember 13, a couple days after the tragedy communities and the participating filmmakers The festivals were positively received withir ~ngratulations to Jo Moulton in Temecula and r stressful circumstances. In addition to the ion managers showcasing a number of new ~e locations opened new areas for filming a ,asr locations. be sent by e-mai/to devans@ieep.com, or by )f each month. FALL 2001 TO: FROM: DATE: SUBJECT: CITY OF TEMECUL; AGENDA REPORT City Manager/C/i~ Cguncil Gary Thornhi~D~ep~City Manager October 23, 2001 Monthly Report The following are the recent highlights for the Planning Department in the month of September 2001. CURRENT PLANNING ACTIVITIES New Cases The Division received 5--6 new applications for administr. occupations and 7 applications for public hearings during th( hearing cases are as follows: Development Plan 2 Minor Conditional Use Permit 1 Extension of Time 1 Parcel Map 1 Substantial Conformance 1 Zone Change 1 Status of Maior Proiects Staff is working with project applicants to address any rema cases for public hearing before the Director of Planning or · Harveston Specific Plan, General Plan Amendment ar Council certified the FEIR, and approved the Specific August 14, 2001. Staff has begun reviewing subdivisiol d~PROVAL )ITY ATTORNEY DIRECTOR OF FINANC,,E~,~__ C1TY MANAGER Di~ ision of the Community Development tive, other minor cases, and home month of September. The new public ling issues and prepare the following 'lanning Commission: ~ Development Agreement - the City 'lan and Development Agreement on ~ tracts within the development. Roripaugh Ranch Annexation, Specific Plan, Environm( ntal Impact Report and Development Agreement: The Planning Commission reviewed the ploject on August 15, 2001, provided direction to the applicant and continued it to October 17,.)001. Staff has been meeting with the applicant since then to address the Commission's conc~ ~rns. Meadowview Golf Course -On June 7, 2000, the Plannil !g Commission continued the case off calendar at the request of the applicant. The applicant h~ LS submitted a draft focused EIR- staff is reviewing document and has provided comments to th, ~ consultant. Consultant was provided R:~V~ONTHLY.RPT~2001\September 2001.doc 1 Staff's EIR comments on September 6, 2001. Applican~ has indicated that the revised EIR will be submitted in late October. Rancho Community Church - Application to design, con., ~truct and operate a church and school campus on a 39-acre site. The overall proposal will inclu~le 279,957 square feet of religious and school facilities and a 477,449 four story parking structure. The site will be developed in a number of phases beginning with a 1,500 seat interim isanctuary with assembly room and a nursery; a four story, 42,716 square foot administration building, 15 modular classroom buildings, a 9,695 square foot preschool, a 300 seat, 5,8~.6 square foot chapel, two field house buildings totaling 10,000 square feet, and lighted athletic fields. Future phases include permanent first through twelfth grade classroom facilitie{~, a gymnasium, a 3,500 seat, 43,727 square foot worship center, and a parking structure. Thi~projeot is located on the north side of State Highway 79 South east of Jedidiah Smith Road. DI?C meeting was held on December 14, 2000. The applicant resubmitted new drawings September 28, 2001. Hampton Inn Suites - Application to design, and cons1 approximately 41,100 square feet. Located on the nort Winchester Road Adjacent to the 1-15 off-ramp. DRC rr Revised plans were submitted on August 16th and sta address previous concerns. Mosco Lot 20 - Development Plan application to desig warehouse/office spec building on 1.52 acres. The p~ between Zevo and Colt Ct. The proposed project was .~ deemed incomplete. Application is scheduled for DRC Mosco Lot 29 - Development Plan application to desig warehouse/office spec building on .92 acres. The projec and Diaz Road. The proposed project was submitted on submitted on August 17, 2001. The project was reviewe Tentative Parcel Map No. 30166 (Southwest Traders)- 10.86 acres into three parcels located between Rancho ~ on Diaz Road. Awaiting revised plans to conform to the ~ resubmitted, awaiting comments from other department.. Director's Hearing in the month of October. Golf Career College: Conditional Use Permit applicati square foot golf instruction classroom, administrative ce~ hole par three practice course on a twenty acre site Margarita Road and Meadows Parkway. Applicant subr plans prior to scheduling for DRC. Paloma del Sol Specific Plan Amendment, General Plan Amendment - To relocate commercial in the northeast ~ (adjacent to the other commercial). The project will be sc Commission meeting. Eli Lilly Tentative Parcel Map 30107 - A commercial sub, the southeast corner of Overland Drive and Margarita Ro is scheduled for November 8, 2001 Director Hearing. R:~'vlONTHLY.RP'r~2001\September 2001.doc ruct a 4-story, 75-room hotel building least corner of Jefferson Avenue and eeting was held on January 11,2001. has requested revisions in order to and construct a 16,400 square foot 3ject is located on Winchester Road ubmitted on June 22, 2001, and was )n November 1,2001. 3 and construct a 11,600 square foot :is located in the vicinity of Winchester June 22, 2001 with additional materials :J at DRC on September 27, 2001. · A Planning Application to subdivide ;alifornia Road and Winchester Road ~ubdivision Ordinance. Applicant has This item should be scheduled for a )n to design and construct a 10,000 ~ter with ancillary pro-shop and a nine along Rancho Vista Road between 3itted revisions and Staff is reviewing Amendment and Tentative Tract Map ortion of the project to the southwest th 3eduled for the November 7 Planning livision of 40.09 acres into five lots on ~d currentlyunder review. Application Wolf Creek General Plan Amendment and Specific Plan submitted a conceptual plan to allow for a senior housin This could entail the creation of a gated senior communi' community park to the middle portion of the project. TI relocating the sports park from Deer Hollow Road to V~ Division is reviewing application. Albertson's Express Mini Mart - Conditional Use Perrr 1,989 square foot mini-mart building, a 76 foot x 40 foot pump islands, and a 1,165 square foot building for a driw located at the northeast corner of State Highway 79 So~ Shopping Center. DRC was held on September 20,200 upgrades. Romano's Macaroni Grill- Planning Application to con~ restaurant building within Bel Villaggio Commercial Ce~ southwest corner of Margarita Road and North General Woodcrest Children's Center - Proposal submitted on A Day Care Center to be located in Planning Area 34 of tt' corner of Pauba and Margarita. The project is tentativel Director Hearing. · Wolf Creek Tentative Tract Map No. 29798 - This a Planning Areas 1,2, 5, 6 and 9 into 631 dwelling units. anticipates Planning Commission review in November. Temecuta Creek Village - Pre-application for a 32.6 acre 108,100 square feet of retail/office uses, four hundre~ 15,000 square foot day care center building. The projec of State Highway 79 and Jedediah Smith Road. St~ comments to the applicant in late October. Discovery Isle Child Development Center - Design an¢ child care facility and a 22,000 square foot outdoor pie Villages of Pasco del Sol Commercial Center located Parkway and Highway 79 South within the Paloma De reviewing plans for Administrative Approval. Mosco Lot 34 - Development plan application to desig office/warehouse building on 1.68 acres. The project is I approximately 2,000 feet west of Diaz Road. A DRC meE The applicant is now redesigning the architectural elem Temecula Partners Industrial Spec Buildings - Developr construction of adjacent 22,000 square foot tilt up conc parcels located on the north side of Winchester Road, w, for an October 11, 2001 DRC meeting. · TGI Fridays - Administrative development plan applica R:~MONTHLY. R PT'~2001\September 2001 .doc ~,mendment - the property owner has area on the south half of the project. and may involve the relocation of the ~e General Plan Amendment involves olf Valley Road. Advanced Planning t Planning Application to construct a tnopy structu re over three rows of gas ;-thru automated carwash. The site is ith and Margarita Road at Albertson's Staff requested design changes and uct a 6,900 square foot freestanding ~ter. The project site is located at the ~earney Road. Reviewing application. igust 21,2001 for a 9,993 square foot e Paloma Del Sol Specific Plan at the scheduled for the November 1,2001 ~plication is a proposal to subdivide This project is still under review and 'nixed use development site containing I multi-family residential units, and a site is located at the southeast corner ff is reviewing and expects to have construction of a 13,162 square foot y yard or Building Pad "N" within the at the northwest corner of Meadows Sol Specific Plan. Staff is currently ~ and construct a 24,850 square foot )cated on the south side of Zevo Drive ,ting was held on September 27, 2001. ;nts of the building. lent plan application for the design and ate industrial building or two separate ist of Diaz Road. Project is scheduled :ion for a 1,000 square foot patio and banquet room expansion project located at the existing '1 of Winchester Road at Ynez, Staff is awaiting revised Small Business Assistance The Welty Building - Staff made a site visit to this Mair Main and Old Town Front Streets) in order to help the scheme that would be in compliance with the Old Town appearance of this structure. The painting and repairs t( will be funded under the Fagade Improvement program. Robert Perdue Real Estate Appraisal - The owner of this and outside paint for this office building on Moreno RoaE members have helped fund the painting portion of this pr, program. Country Home/Country Garden - Staff from the Planning, pre-application meeting with the owner of this proposed is working on a development plan that includes new improvements. Novamex - Staff helped this new Old Town busines~ Improvement Program for a new sign. Temecula Psychic Reader- Redevelopment and Planni~ Town business in order to help the owner make new proposal was taken to the Old Town Local Review Boar, Special Event Permits Gl Fridays restaurant on the south side lans. Street landmark (southwest corner of building owner develop a new color Specific Plan and improve the overall ~ the boardwalk in front of this building )ffice building has proposed a new roof Planning and Redevelopment staff ect through the Fa(;ade Improvement -'ire and Building Departments held a lain Street business in Old Town. She ~ndscaping, signs, paint and facade obtain funding through the Facade ~ staff made an on-site visit to this Old color selections for her signs. The and approved. Race For The Cure: Staff has assisted this organizatior street closures and temporary use permit. Regular me, organizers and all City departments involved in order to held October 21,2001 at the Promenade Mall. 25th Annual Great Temecula Tractor Race: Staff advised .~ Temecula Town Association (TTA) regarding its planning application and prepared site plains for this event which was held on October 5th and 6th at the Northwest Sports Complex. Organizational meetings were held on a regular basis with the TTA and all City departments involved. in preparing applications for this for :tings have been scheduled with the monitor progress for this event to be Mexican Independence Day Celebration: City Staff helpe permission and obtain insurance coverage for this Old; September 15th, the event was rescheduled for October Special Proiects & Lonq Ranqe Planninq Activities The Division also commits work efforts toward larger scale a~ private and public purposes. These activities can range environmental review to a new specific plan or a general p special projects and long range planning activities are as foil R:'~IONTHLY. RP'~.001 \Septem bet 2001 .doc 4 :~ organizers secure property owner's own event. Originally scheduled for 13th. longer time frame projects for both )ma relatively simple ordinance or an amendment. Some of the major ~)WS: Housing Element Update: The City has received the Housing and Community Development and is prepanr Commission's consideration. The remaining issues affordability and their relationship to the allowable densi Subsequent Environmental Impact Report for the City R hold pending the update of a General Plan Circulation / Comprehensive General Plan Update: The Council h committee into the process. The final composition determined. The membership of the Community Advisor month. Traditional Neighborhood Development Ordinance: Fir scheduling this item for a Planning Commission wor~ additional staff resources. ~mments of the State Department of g the draft Element for the Planning ~vith HCD are local land costs, unit Iies. .~development Plan: This activity is on nalysis. ~s directed staff to add an advisory ~f the committee is currently being Committee is expected to be set next al changes are being made prior to shop. This item is on hold pending Surface Minin Ordinance The staff and C~ Attorn h~ .... · g : 'ty ey ~,d been making rina~ cnanges based upon feedback from the State prior to submitting this tern to the Council for their consideration. This item is on hold pending additional staff resources, · Application Fee Study: Staff has provided information to the consultant and Finance Department about changes to our current fee scheddle and is currently awaiting revised information, · Hillside Development Policy: The policies are being exlamined for integration into the draft- grading ordinance. This item is on hold pending additional staff resources. / Multi-species Habitat Conservation Planning Effods for ~ Naggar and Planning Staff are attending committee m6 determining conservation reserve needs. Large Family Day Care Home Facility Ordinance: The F Ordinance amendment at their February 2, 2000 meetir resources. County Project Reviews: Staff continues to allocate si§ within the County and other local jurisdictions that Information regarding these projects will be forwarded un Concern. Southside Specific Plan: This item is on hold pending ad Development Code Amendment: Was presented to the P 2001 hearing. It was approved by the City Council on SE Crystal Ridge Rezoning: This item concerned a zone cha Park and was approved by the Planning Commission on City - Project environmental reviews and permitting: R:~MONTH LY.RPT~2001\Septernber 2001.doc 5 'estern Riverside County: Councilman etings and monitoring the process of lanning Commission considered this g. This item is on hold pending staff ~ificant resources to review projects ;ould affect the City of Temecula. 1er separate cover labeled Projects of ~itional staff resources. anning Commission at its August 15, )tember 25, 2001. ~ge from Light Industrial to Business Dctober 17, 2001. Butterfield Stage Read (NEPA) Temecula Library Advance Acquisition Authorization for McCa Long Valley Channel Maintenance City Hall Emergency Generator (AQMD perr General Plan Amendments · Rancho Highlands Drive was continued by the City Co A request to reduce the size cf Via Industria (Weste Alvarado has been submitted and has been on hol, Circulation Element. Eli Lilly General Plan Amendment - staff has been and Guidant on a future GPA in this area. The current the land use designations on about half of the area. · Villages of Temecula Initial Study still in review. Geoqraphic Information System (GIS) Activities · Staff has been conducting field verifications of street adc geocode the City's street centerline data. The contract for the City's GIS Based Fire Response Pr( executed. Staff is currently conducting hardware spe emergency vehicles in the City. Recent mapping products include: Vail Ranch park map Topographic map for southwest portion of the City fc Potential temporary fire station site maps Maps of southern portion of the City for the Highway Maps of the Crystal Ridge area for Planning Vacant properties map for the Chamber of Commer( Vacant property calculation for the City Manager's C A street base map for Building & Safety Rod Run 2001 map for Planning and Fire Vicinity, land use, zoning maps for selected project ~ Vicinity maps for the Public Works Department Updates to the RV Ordinance Map for Code Enforce Updates to the Zoning and General Plan Land Use Tract/pamel map area maps for Public Works Township and Range maps for Planning Old Town parcel maps for Redevelopment Staff continues with ongoing data layer development an )e Court properties (NEPA) itting requirements) ncil on September 25, 2001. Bypass Corridor) north of Avenida pending the approval of a revised ling with representatives from Eli Lilly proposal would only involve changing essing throughout the City in order to !gram with Plant Equipment has been ;ifications to equip all the front line ' Council Member Pratt Patrol e ~[ice reas for Planning staff 'nent iaps for the Planning Department maintenance. R:'W1ONTHLY.RP'I~2001\September 2001.doc 6 TO: FROM: DATE: SUBJECT: CITY OF TEMECUL AGENDA REPORT City Manager/City Council Howard Windsor, City Fire Chief October 23, 2001 Monthly Departmental Report RECOMMENDATION: Attached for City Councils reviE Monthly Activity Report for the month of September 2001. APPROVAL CITY A'I-TORNEY DIRECTOR OF FII~ ciTY MANAGER and filing is the Fire Department's Response Statistics for SEPTEME ~R, 2001 Structure Fire 7 7 Vegetation Fire 6 3 Vehicle Fire 6 6 Fire - Other 0 3 Medical Aid 64 50 Traffic Collisions 22 17 Fire Menace Standby 9 3 Public Service 0 4 Hazmat 0 0 Ringing Alarm 35 35 TOTAL 149 128 Assists/Covers 0 0 1 17 227 2 13 134 0 14 95 1 5 90 109 282 2370 16 61 601 4 19 115 8 18 190 0 0 N/A 16 I01 288 157 530 N/A 20 N/A N/A Responses Outside of the City 102 41 51 *Due to changes to statistic format and items recorded, the YTD total will nc t be accurate Medic Squad 84 Response Statistics llllti J Medical Aids 186 1572 Traffic Collisions 56 402 Public Service Assists 12 57 Fire Menace Standby's 2 18 Structure Fires 3 58 Ringing Alarm 28 235 Vegetation Fire 4 12 Vehicle Fire 0 7 Refuse Fire 0 10 Hazmat t 6 TOTAL 292 2377 Mi N/A N/A lic Squad 84 Time Statistics Medic Prior to ~ge ~ait Time for Medic Sqt~ad on Scene 5.52 N/A 17 N/A 40 701 4.12 N/A Prior to 3/dR - Medical Aids and 'raffle Collisions Performed *ALS prior to AMR's Ar 'ival *ALS - Advta :~1 Life Support 117 878 42 350 Personnel 0 - Battalion Chief/Fire Marshal 3 - Fire Safety Specialist Fire Prevention 1 - Captain/Deputy Fir 3 - Fire System Inspec Fire Plan Check St Marshal )rs 1 - Office Technician III ~tistics Fire Plan Check Building TI Fire Plan Check Building Fire Plan Check Misc. Fire Under Ground Water Plan Check Fire Over or Under Ground Tank Plan Check Check TI Plan Check Fire Hood Duct Plan Check Booth Plan Check Plan Check Fire Alarm Plan Check Planning Case Plan Review Fire Code Permits 31 217 7 136 19 232 13 85 0 5 6 80 4 79 3 21 0 3 0 1 12 84 15 187 0 6 110 1136 Fire Prevention Personnel 0 - Battalion Chief/Fire Marshal 3 - Fire Safety Specialist 1 - Captain/Deputy Fir 3 - Fire System Inspec Fire Plan Check St Marshal ors ~tistics 1 - Office Technician III Fire Plan Check Building TI Fire Plan Check Building Fire Plan Check Misc. Fire Under Ground Water Plan Check Fire Over or Under Ground Tank Plan Check Fire Sprinkler NCOM Plan Check Fire Sprinkler TI Plan Check Fire Hood Duct Plan Check Fire Spray Booth Plan Check Fire Special Suppression Plan Check Fire Alarm Plan Check Planning Case Plan Review Fire Code Permits 31 217 7 136 19 232 13 85 0 5 6 80 4 79 3 21 0 3 0 1 12 84 15 187 0 6 110 1136 Fire Prevention Fire Inspection St~ lontinued) ~tistics Fire Prevention Final Fire Prevemion Shell Hydro Fire Thrust Block Fire Flow Fire Flush Final Fire Weld Inspection Fire Hood Duct Final Fire Pre- Wire Fire Alarm Final Fire Spray Booth Final Fire Safety Inspection Fire State Mandated Inspection Fire Special Evems Inspection Fire Piping Hydro Fire Shear Valves Fire Over/Under Tank Final Fire Special Suppression System Fire Special Project Investigations Fire Administrative - Meetings etc... Fire Misc. Inspections Engine Co. Follow Up Enforcement TOTAL 10 150 18 107 8 39 1 34 11 85 0 4 1 22 13 110 3 24 2 20 2 40 13 100 0 3 15 90 1 14 1 29 1 2 0 2 0 5 0 1 0 0 0 0 5 21 6 10 111 912