HomeMy WebLinkAbout031604 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the office of the City Clerk (909) 694-6444.
Notification 48 hours prior to a meeting will enable the City to make reasonable
arrangements tc ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II)
AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
MARCH 16, 2004 — 7:00 P.M.
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda
items can be considered and acted upon prior to 10:00 P.M. and may continue all other items
on which additional time is required until a future meeting. All meetings are scheduled to end
at 10:00 P.M.
6:00 P.M. - Closed Session o
Sections:
922-032-
Street a
Rfraa4l
props
O'Grz
2. Confe
Sectil
west'.
921-0
039 -'
price
are S
3. Conf,
Cod
the City Council pursuant to Government 'Code
>perty- negotiator pursuant to Government Code
g the acquisition of real' properties located at APN-
8 (north side of Main Street and east of Mercedes
7 (east side of Mercedes Street and north of Second
irties are theCityof Temecula and Dixon and Great
ation are the price and terms of payment of the real
City/Agency negotiators are Shawn Nelson, Jim
and John Meyer.
ice with real ,property-> negotiator pursuant to -Government <Code
54956.8 concerning the acquisition of real, properties located on the
11Qn 1111umvi1, atin %j,vraay, ano tsm riugnes-.
e
pursuant to Government
ter of pending litigation
:sed: 1)'Rancho- Business
>t to one matter of
the City Attorney has
is a significant exposure
> and circumstances and
R:Wgenda\031604
involving the City. The following case will be3
V. County of Riverside (RCIP litigation — Riversi
No.402766).
Public Information concerning, existing litigation=betwf
may acquired by reviewing the public documents hi
>ussed: '1) City of Temecula,
County Superior Court Case>
the City and various parties
by the City Clerk.
Next in Order:
Ordinance: No. 2004-03
Resolution: No. 2004-24
CALL TO ORDER: Mayor Mike Naggar
Prelude Music: Musician's Workshop Youth Choirs — Esther Dernbach, Director
Invocation: Pastor Larry Fisher of First Baptist Church of Temecula
Flag Ceremony: Boy Scout Troop No. 412
ROLL CALL: Comerchero, Roberts, Stone, Washington, Nagger
PRESENTATIONS/PROCLAMATIONS
Certificate of Achievement for attaining Eagle Scout rank — Brendan Paul Lopez
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the 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 you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak' form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to Speak"
form must be filed with the City Clerk prior to the Council addressing that item. There is
a five (5) minute time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made
at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
R:\Agenda\031604
2
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will
be enacted by one roll call vote. There will be no discussion of these items unless
Members of the City Council request specific items be removed from the Consent
Calendar for separate action.
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
RECOMMENDATION:
2.1 Approve the minutes of February 10, 2004;
2.2 Approve the minutes of February 24, 2004.
3 Resolution approving List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 04-_
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
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of January 30, 2004.
5 Children's Museum
RECOMMENDATION:
5.1 Approve an appropriation of $170,000 from Capital Reserves to the Children's
Museum.
R:\Agenda\031604
6 Children's Museum Cooperative Agreement
RECOMMENDATION:
6.1 Approve the Cooperative Agreement between the City of Temecula and Friends of
the Temecula Children's Museum for the support of the Temecula Children's
Museum and operation of the Children Museum Gift Shop;
6.2 Approve the Children's Museum Logo and Images License Agreement.
7 Eden Software Support Agreement
RECOMMENDATION:
7.1 Authorize the purchase of annual Financials and Payroll Software Support from
Eden Systems, Inc. for the total amount of $25,415,25.
8 Purchase and Sale Agreements for property located in Old Town
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 04-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY
LOCATED ALONG THE NORTH SIDE OF MAIN STREET, EAST
OF MERCEDES (APN 922-032-021, -022, AND -028) IN THE
CITY OF TEMECULA
8.2 Adopt a resolution entitled:
RESOLUTION NO. 04-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY
LOCATED ALONG THE EAST SIDE OF MERCEDES NORTH
OF SECOND STREET (APN 922-042-007) IN THE CITY OF
TEMECULA
8.3 Authorize the expenditure in an amount not to exceed $723,000 for acquisition,
escrow, closing costs , appraisal, soils testing, and related fees.
R:Wgenda\031604
N
and March 22, 2004, and delegate authority to issue a Special Events/Street Closures
Permit to the Direi;tor of Public Works/City Engineer
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 04-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE
OF THIRD STREET BETWEEN OLD TOWN FRONT STREET
AND MURRIETA CREEK FOR THE ANNUAL OLD TOWN
BLUEGRASS FESTIVAL EVENT SCHEDULED FOR MARCH 21
AND 22, 2004, AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL
EVENTS PERMIT INCLUDING STREET CLOSURES
10 Amendment No. 2 to Annual Citywide Routine Maintenance Contract
RECOMMENDATION:
10.1 Approve Amendment No. 2 to the Annual Citywide Routine Maintenance Contract
with Imperial Paving Company, Inc. for an amount of $50,000.00 and authorize the
Mayor to execute the amendment.
11 All -Way Stop Control — La Serena Way and Meadows Parkway
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ALL -WAY STOP CONTROL
AT THE: INTERSECTION OF LA SERENA WAY AND
MEADOWS PARKWAY
12 Acquisition Agreement between the City of Temecula and the Jubela Family Trust -
French Valley Parkway/1-15 Overcrossing & Interchange — Protect No. PW02-11
RECOMMENDATION:
12.1 Ratify the PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF
TEMECULA AND ERNEST JOE AND ETHYL B. JUBELA FAMILY TRUST for the
acquisition of certain real property APN 910-262-004 in the amount of $662,545.00
plus the associated escrow fees and supercede the originally approved agreement
in the amount of $611,580.00.
R:\Agenda\031604
13 Completion and Acceptance of the Intersection Traffic Monitoring System and Traffic
Signal Interconnect — Proiect No. PW99-05
RECOMMENDATION:
13.1 Accept the construction of the Intersection Traffic Monitoring System and Traffic
Signal Interconnect — Project No. PW99-05 — as complete;
13.2 File the Notice of Completion, release the Performance Bond, and accept a one-
year Maintenance Bond in the amount of 10% of the contract amount;
13.3 Release the Materials and Labor Bond seven months after the filing of the Notice of
Completion if no liens have been filed.
14 Payment of Property Taxes for Business Park Drive property south of City Hall (APN 921-
020-079-6)
RECOMMENDATION:
14.1 Ratify the payment of back property taxes on the Business Park Drive property
south of City Hall (APN 921-020-079-6) in the amount of $114,562.25.
15 Revised Deposit Agreement — Proposed Roripaugh Ranch Community Facilities District
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 04-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AMENDED AND RESTATED
DEPOSIT/REIMBURSEMENT AGREEMENT — RORIPAUGH
RANCH
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT,
THE CITY OF TEMECULA REDEVELOPMENT AGENCY,
AND
THE TEMECULA PUBLIC FINANCING AUTHORITY
R:Wgenda\031604
Next in Order:
Ordinance: No. CSD 2004-01
Resolution: No. CSD 2004-04
CALL TO ORDER: President Chuck Washington
ROLL CALL: DIRECTORS: Comerchero, Naggar, Roberts, Stone, Washington
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you 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 filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other ageinda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
CONSENT CALENDAR
2
Minutes
RECOMMENDATION:
1.1 Approve the minutes February 24, 2004.
RECOMMENDATION:
2.1 Accept the construction of Children's Museum Building Shell Improvements —
Project No. PW02-01CSD as complete;
2.2 File the Notice of Completion, release the Performance Bond, and accept a one-
year Maintenance Bond in the amount of 10% of the contract;
2.3 Release the Materials and Labor Bond seven months after the filing of the Notice
of Completion if no liens have been filed.
R:\Agenda\031604
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, March 23, 2004, 7:00 PM, City Council Chambers, 43200 Business
Park Drive, Temecula, California.
R:\Agenda\031604
CALL TO ORDER:
ROLL CALL:
PUBLIC COMMENTS
Next in Order:
Ordinance: No. RDA 2004-01
Resolution: No. RDA 2004-05
Chairperson Jeff Comerchero
AGENCY MEMBERS: Naggar, Roberts, Stone, Washington,
Comerchero
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you 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 filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and stall: vour name and address for the record.
CONSENT CALENDAR:
Minutes
RECOMMENDATION:
1.1 Approve the minutes of February 24, 2004.
Disposition and Development Agreement and Focused Environmental Impact Report for
the Temecula Education Center
RECOMMENDATION:
2.1 That the City Council adopt a resolution entitled:
R:Agenda\031604
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT PREPARED FOR THE TEMECULA
EDUCATIONAL COMPLEX PROJECT, THE DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND
AGK GROUP, LLC, FOR THE DEVELOPMENT OF THE
TEMECULA EDUCATIONAL COMPLEX, AND RELATED
ACTIONS, AND ADOPTING FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, APPROVING
A STATEMENT OF OVERRIDING CONSIDERATIONS, AND
APPROVING A MITIGATION MONITORING AND REPORTING
PROGRAM IN CONNECTION THEREWITH FOR THE
TEMECULA EDUCATIONAL COMPLEX TO BE DEVELOPED
ON APPROXIMATELY 31.1 ACRES OF PROPERTY LOCATED
AT THE NORTHWESTERN CORNERS OF DIAZ ROAD AND
DENDY LANE
2.2 That the City Council adopt a resolution entitled:
RESOLUTION NO. 04_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND AGK GROUP, LLC, FOR THE TEMECULA EDUCATION
COMPLEX
2.3 That the Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 04-_
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND AGIK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL
COMPLEX
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, March 23, 2004, 7:00 PM City Council Chambers, 43200 Business
Park Drive, Temecula, California.
R:\Agenda\031604
10
Next in Order:
Ordinance: No. TPFA 2004-01
Resolution: No. TPFA 2004-03
CALL TO ORDER: Chairperson Mike Nagger
ROLL CALL: AGENCY MEMBERS: Comerchero, Roberts, Stone, Washington,
Nagger
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Temecula
Public Financing Authority on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. 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 filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
CONSENT CALENDAR.
Minutes
RECOMMENDATION:
1.1 Approve the minutes of February 10, 2004.
2 Revised Deposit Agreement — Proposed Roripaugh Ranch Community Facilities District
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. TPFA 04-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY APPROVING
AMENDED AND RESTATED DEPOSIT/REIMBURSEMENT
AGREEMENT — RORIPAUGH RANCH
R:\Agenda\031604
11
EXECUTIVE DIRECTOR'S REPORT
BOARD MEMBERS' REPORTS
ADJOURNMENT
R:\Agenda\031604
12
RECONVENE TEMECULA CITY COUNCIL
COUNCIL BUSINESS
16 Diaz Road Realignment Project - Project No. PW95-27 - Resolution of Necessity —
Rancho California Business Park Association (APN 921-020-075)
RECOMMENDATION:
16.1 Hold a public hearing and take testimony from the members of the Rancho
California Business Park Association or their representatives if they ask to be heard
on issues A, B, C, and D set forth below regarding the proposed acquisition of the
Covenants, Conditions, and Restrictions by condemnation for street improvement,
road, and highway purposes in connection with the proposed Diaz Road
Realignment Project;
16.2 Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether
to adopt a Resolution of Necessity;
If the City Council finds, based on its consideration of the evidence contained and referred
to in this staff report, the testimony and comments received during the public review and
planning process, all other testimony that may be presented, and all other evidence and
records pertaining to this matter, that the evidence warrants the necessary findings as to
the proposed Resolution of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, and upon taking a separate vote on each proposed resolution:
16.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject encumbrances;
RESOLUTION NO. 04-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECU'LA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD
17 Diaz Road Realignment Project - Project No. PW95-27 - Resolution of Necessity — Morter
Family Trust Property (APN 921-040-028)
RECOMMENDATION:
17.1 Hold a public hearing and take testimony from the property owners or their
representatives if they ask to be heard on issues A, B, C, and D set forth below
regarding the proposed acquisition of the Morter Family Trust Property by
condemnation for street improvement, road, and highway purposes in connection
with the proposed Diaz Road Realignment Project;
17.2 Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether
to adopt a Resolution of Necessity;
R:Wgenda\031604
13
If the City Council finds, based on its consideration of the evidence contained and referred
to in this staff report, the testimony and comments received during the public review and
planning process, all other testimony that may be presented, and all other evidence and
records pertaining to this matter, that the evidence warrants the necessary findings as to
the proposed Resolution of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, and upon taking a separate vote on each proposed resolution:
17.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject property;
RESOLUTION NO. 04-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD
18 Diaz Road Realignment Project - Project No. PW95-27 - Resolution of Necessity — Massie
Family Trust Property (APN 921-020-039)
RECOMMENDATION:
18.1 Hold a public hearing and take testimony from the property owners or their
representatives if they ask to be heard on issues A, B, C, and D set forth below
regarding the proposed acquisition of the Massie Family Trust Property by
condemnation for street improvement, road, and highway purposes in connection
with the proposed Diaz Road Realignment Project;
18.2 Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether
to adopt a Resolution of Necessity;
If the City Council finds, based on its consideration of the evidence contained and referred
to in this staff report, the testimony and comments received during the public review and
planning process, all other testimony that may be presented, and all other evidence and
records pertaining to this matter, that the evidence warrants the necessary findings as to
the proposed Resolution of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, and upon taking a separate vote on each proposed resolution:
18.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject property;
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD
R:Wgenda\031604
14
19 Status Update - Senate Bill 87 (Hollingsworth)
(At the request of the, entire City Council)
RECOMMENDATION:
19.1 Provide direction to the City staff regarding Senate Bill 87 (Hollingsworth). An oral
update will be provided to the City Council at the meeting.
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
Next adjourned regular City Council meeting, Tuesday, March 23, 2004, at 7:00 P.M., City
Council Chambers, 432,30 Business Park Drive, Temecula, California.
R:Wgenda\031604
15
PROCLAMATIONS
AND
PRESENTATIONS
R
»
a
/
�
\
\
\\
s
�
•
a
�
\
cn
j\¥
7
t
®
&\2
N�t
ƒ
�
�
.§
�
�
(
�
•�
�
u
�
u
/k
l
/�
6
g
2
/
§/
/k
_kJ
/
§
\
\
/
k
ITEM 1
ITEM 2
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
FEBRUARY 10, 2004
The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M.,
on Tuesday, February 10, 2004, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
Present: 3 Councilmembers: Comerchero, Washington, and Naggar
Absent: 2 Councilmember: Roberts and Stone
It was noted by Mayor Naggar that Councilman Roberts was in Washington, DC on a lobbying
trip for the City and that Councilman Stone was attending a campaign forum.
PRELUDE MUSIC
The violin music was provided by Sienna Naggar accompanied by Helen Miller.
INVOCATION
The invocation was given by Mayor Pro Tern Comerchero.
ALLEGIANCE
The flag ceremony was presented by Reverend Jerry Hangen of Grace Presbyterian Church.
PRESENTATION/PROCLAMATIONS
Certificate of Achievement to Reed Johnson
Honoring Mr. Reed Johnson on his accomplishments as a professional baseball player, Mayor
Naggar presented to him a Certificate of Achievement. Contributing his success to the hard work
and dedication that was expected of him while at school, Mr. Johnson accepted the certificate with
appreciation.
Mayor Pro Tern Comerchero as well briefly commended Reed's family for their support of him.
PUBLIC COMMENTS
A. Ms. Katherine Runkle, 32090 Corte Bonilio, representing the Gardner Middle School
PTSA, apprised the City Council and public of an upcoming Mystery Murder Fundraiser at the
Ponte Winery to benefit the school's library on Friday, March 5, 2004, 6:00 to 10:00 P.M.
B. Mr. Jim Mitchell, 31550 Sunningdale, representing the Temeku Hills Homeowners
Association and Chairman of the Temeku Hills Candidate Forum Night, invited the public to the
upcoming Candidate's Forum on Thursday, February 12, 2004, at 7:00 P.M., at the Temeku
Hills Clubhouse, advising that Jeff Stone will be in attendance and that Jim Venable's
attendance has not yet been confirmed.
R:\Minutes\021004
CITY COUNCIL REPORTS
A. Commending Mr. Mitchell on his efforts associated with the recent City Council
Candidate Forum Night:, Councilman Washington thanked Mr. Mitchell for the organization of
that event as well the upcoming event.
Having been recently appointed to the Western Riverside Council of Governments
(WRCOG), a position recently held by Mayor Pro Tern Comerchero, Councilman Washington
expressed his desire to represent the City in the same professional and committed approach as
provided by Mr. Comerchero and presented to him, on behalf of WRCOG, a plaque of
appreciation for his dedicated service.
B. Accepting the plaque with appreciation, Mr. Comerchero extended his appreciation to
WRCOG.
Mr. Comerchero wished his wife, Pat, a Happy Birthday.
Commenting on the four newly instituted RTA commuter link routes from
Temecula/Murrieta areas to various north and south transportation points, Mr. Comerchero
advised that three of the four routes have been very successful; that RTA will be exploring why
the Temecula to Oceanside link with commuter rail to downtown San Diego has not been as
successful; that this particular route has a different fare structures because of its partnership
with the North County Transit; and that the fare structure may be explored as well as a possible
change in the route.
Encouraging residents to partake in
Comerchero advised of an upcoming Corps
Wednesday, February 25, 2004, at 6:30 P.M.
the Temecula Citizen Corps Program, Mr.
meeting in the City Council Chambers, on
C. Mayor Naggar reiterated his support of public participation in the Temecula Citizen
Corps program.
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 Minutes
RECOMMENDATION:
2.1 Approve the minutes of January 13, 2004.
3 Resolution approving List of
RECOMMENDATION:
3.1 Adopt a resolution entitled:
R:\Minutes\021004 2
RESOLUTION NO. 04-13
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 F'.eport
RECOMMENDATION:
4.1 Receive and file the City Treasurer's report as of December 31, 2003.
5 Retention Policy and Schedule Revisions
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 04-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE DESTRUCTION OF CERTAIN
CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE
GOVER14MENT CODE OF THE STATE OF CALIFORNIA,
ESTABLISHING A RECORDS RETENTION PROCEDURE, AND
REPEALING RESOLUTION NO. 92-17
6 Property Insurance Renewal
RECOMMENDATION:
6.1 Approve the! City of Temecula Property Insurance Policy renewal with Chubb
Insurance Company, Landmark American Insurance Company for the period of
February 26, 2004 through February 26, 2005, in the amount of $97,138.
7 Fire Safety House Purchase
RECOMMENDATION:
7.1 Approve the: purchase of the We Care Company Fire Safety Interactive Mobile
Trailer for $39,306.97.
0
the Roripauah Ranch Specific Plan)
RECOMMENDATION:
8.1 Approve Tract Map Nos. 29661-2, -3, and -4 in conformance with the conditions of
approval;
8.2 Approve the Subdivision Improvement Agreement;
RAMinutes\021004 3
8.3 Approve the Subdivision Monument Agreement and accept the Faithful
Performance Bond, Labor and Material Bond, and Monument Bond as security for
the agreements.
nVvi nua n! Vai auu - ucn iy a ouc
shown by Tract Map No. 14936
RECOMMENDATION:
9.1 Approve Parcel Map No. 31169 in conformance with the conditions of approval;
9.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as
security for ".he agreements.
10 First Amendment to Annual Citywide Routine Maintenance Contract
11
RECOMMENDATION:
10.1 Approve the first amendment to the Annual Citywide Routine Maintenance Contract
with Rene's Commercial Management for an amount of $100,000.00 and authorize
the Mayor to execute the amendment.
RECOMMENDATION:
11.1 Approve Amendment No. 1 to the agreement with Vanir Construction Management,
Inc. to provide professional construction management, material testing, and special
inspection services in an amount not to exceed $418,036.00 and authorize the
Mayor to execute the agreement;
11.2 Authorize the City Manager to approve amendments to the agreement not to exceed
the contingency amount of $44,300 which is equal to 10% of the additive amounts of
the original ;agreement of $24,980 and Amendment No. 1 of $418,036.
12 Award of Construction Contract for the Old Town Temecula Community Theater — Proiect
No. PW02-23
RECOMMENDATION:
12.1 Award a construction contract for the Old Town Temecula Community Theater —
Project No. PW02-23 to Tovey/Shultz Construction, Inc. in an amount of $7,168,000
and authorize the Mayor to execute the contract;
12.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $716,800 which is equal to 10% of the contract amount;
12.3 Accelerate the appropriation of budgeted funds in FY2004-2005 to FY2003-2004 in
the amount of $3,035,000;
RAMinutes\021004 4
13
14
12.4 Approve the transfer of $548,500 of Capital Project Reserves from the Old Town
District Parking Lot to the Old Town Temecula Community Theater;
12.5 Approve an appropriation of $1,612,500 from General Fund Reserves to the Old
Town Temecula Community Theater.
(Considered under separate discussion; see pages 6-7.)
RECOMMENDATION:
13.1 Accept the construction of the Pavement Rehabilitation Program 2002-2003 Rancho
California Road between Margarita Road and Meadows Parkway Project, Project
No. PW02-13, as complete;
13.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond,
accept a one-year Maintenance Bond in the amount of 10% of the contract;
13.3 Direct the City Clerk to release the Materials and Labor Bond seven months after
the filing of the Notice of Completion if no liens have been filed.
RECOMMENDATION:
14.1 Approve an agreement with Richard Brady and Associates in an amount not to
exceed $81,975.00 to provide design services for the City Maintenance Facility
Expansion, Project No. PW03-06, and authorize the Mayor to execute the
agreement;
14.2 Authorize the City Manager to approve amendments not to exceed the contingency
amount of $8,197.50 which is equal to 10% of the agreement amount.
15 General Fund Advance for Fire Truck
RECOMMENDATION:
15.1 Approve an advance of $724,804 from the General Fund for the purchase of the
100' Tractor Drawn Aerial Fire Truck.
(Considered under separate discussion; see page 7.)
16 Acceptance of Grant Deed — Serena Hills Park
RECOMMENDATION:
16.1 Approve Amendment No. 2 to the Subdivision Improvement Agreement for Tract
23209;
R:\Minutes\021004 5
16.2 Authorize ai;ceptance of the Grant Deed for Serena Hills Park, located in the Shea
Homes development at La Serena and Walcott Lane and direct staff to proceed with
the necessary actions to cause the deed to be recorded.
17 Second Reading of Ordinance No. 04-02 — (Electrical Undergrounding)
RECOMMENDATION:
17.1 Approve an ordinance entitled:
ORDINANCE NO. 04-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING SECTION 15.04.090 TO THE TEMECULA
MUNICIPAL CODE RELATING TO THE UNDERGROUNDING
OF EXISTING AND PROPOSED ELECTRICAL,
TELECOMMUNICATIONS, AND OTHER WIRES CARRYING
BELOW 34KV CAPACITY WHICH PROVIDE DIRECT SERVICE
OR IS ADJACENT TO PROPERTY BEING DEVELOPED
MOTION: Mayor Pro Teem Comerchero moved to approve Consent Calendar Item Nos. 1-11, 13-14,
and 16-17 (Item Nos„ 12 and 15 were pulled for separate discussion; see pages 6-7.)
Councilman Washington seconded the motion and electronic vote reflected approval with the
exception of Councilmembers Roberts and Stone who were absent.
CONSENT CALENDAR ITEMS DISCUSSED UNDER SEPARATE DISCUSSION
12
RECOMMENDATION:
12.1 Award a construction contract for the Old Town Temecula Community Theater —
Project No. PW02-23 to Tovey/Shultz Construction, Inc. in an amount of
$7,168,000 and authorize the Mayor to execute the contract;
12.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $716,800 which is equal to 10% of the contract amount;
12.3 Accelerate the appropriation of budgeted funds in FY2004-2005 to FY2003-2004
in the amount of $3,035,000;
12.4 Approve the transfer of $548,500 of Capital Project Reserves from the Old Town
District Parking Lot to the Old Town Temecula Community Theater;
12.5 Approve an appropriation of $1,612,500 from General Fund Reserves to the Old
Town Temecula Community Theater.
Director of Housing and Redevelopment Meyer presented the staff report (of record), noting that
the Theater should be ready for occupancy in the Spring of 2005.
For Mayor Naggar, City Manager Nelson confirmed that the City was able to finance this project
through the refinancing of Redevelopment bonds, commending Finance Director Roberts,
R:\Minutes\021004 6
Director of Housing and Redevelopment Meyer, and Community Services Director Parker on
their efforts and the Public Works Department on its upcoming efforts associated with this
project.
Commending staff on its involvement with the refinancing of the Redevelopment bonds in order
for the City to fully finance this project, Mayor Pro Tern Comerchero expressed his delight with
the construction of the theater, noting that this project will be an extraordinarily rewarding project
for many years to come.
Thanking Director of Housing and Redevelopment Meyer on his efforts associated with this
project, Councilman Washington as well relayed his excitement with the development of this
project.
Relaying his enthusiasm about the synergy this project will provide to Old Town, Mayor Naggar
commented on the importance of this project to some children as is the construction of sports
parks to other children and relayed his excitement with the development of this project.
MOTION: Mayor Pro Tern Comerchero moved to approve the staff recommendation. The
motion was seconded by Councilman Washington and the electronic vote reflected approval
with the exception of Councilmembers Roberts and Stone who were absent.
15 General Fund Advance for Fire Truck
RECOMMENDATION:
15.1 Approve an advance of $724,804 from the General Fund for the purchase of the
100' Tractor Drawn Aerial Fire Truck.
Noting that no staff report were necessary, Mayor Naggar advised that he had simply pulled this
item in order to apprise the public of the purchase of this fire truck, advising that the City will be
reimbursed the purchase amount by the Roripaugh Ranch developer.
MOTION: Mayor Pro Tern Comerchero moved to approve the staff recommendation. The
motion was seconded by Councilman Washington and the electronic vote reflected approval
with the exception of Councilmembers Roberts and Stone who were absent.
At 7:32 P.M., the City Council convened as the Temecula Community Services District, the
Temecula Redevelopment Agency, and the Temecula Public Financing Authority and at 7:38 P.M.,
the City Council resumE!d with regular business.
COUNCIL BUSINESS
18 Donation to Temecula Chaparral High School Platinum Sound Band
(At the request of Councilman Washington.)
RECOMMENDATION:
18.1 Consider approval and appropriation of $2,500 to assist the Chaparral High School
Platinum Sound Band in attending the National World War II Veterans' Parade and
Memorial Dedication ceremonies in Washington, D.C. on May 29 through June 1,
2004.
RAMinutes\021004 7
Presenting an overview of the proposed recommendation, Councilman Washington welcomed
Mr. Greg Brown, 24709 Madison, Murrieta, representing the Chaparral High School Platinum
Sound Band. Mr. Brown informed the City Council that the Sound Band, after its last year
performance at the Fiesta Bowl, was invited to represent the State of California at the unveiling
of the World War II Memorial in Washington, DC, Memorial weekend of 2004; that a full
complement of 100 musicians (comprised of musicians from Chaparral and Temecula Valley
High Schools and middle schools) will attend; and that the cost will be $1,000 per student.
Although supporting this request, Mayor Pro Tern Comerchero requested that the
implementation of a policy be established to address the handling of such requests during the
City's next budget cycle: to ensure appropriate funding so that the City Council may honor as
many as possible of such requests.
Expressing his support of the recommendation, Councilman Washington commended the
Sound Band on its accomplishments and noted that it will be an honor for the Band to represent
the City, Riverside County, and the entire State in Washington, DC.
MOTION: Mayor Pro Tern Comerchero moved to approve the staff recommendation. The
motion was seconded by Councilman Washington and the electronic vote reflected approval
with the exception of Councilmembers Roberts and Stone who were absent.
CITY MANAGER'S REPORT
No comment.
CITY ATTORNEY'S REPORT
City Attorney Thorson advised that as per the Brown Act, there were no items to report under
Closed Session.
ADJOURNMENT
At 7:48 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday,
February 24, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:\Minutes\021004 8
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
FEBRUARY 24, 2004
The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M.,
on Tuesday, February 24, 2004, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
Present: 4 Councilmembers:
Absent: 1 Councilmember:
Comerchero, Roberts, Washington, and Naggar
Stone
It was noted by Mayor Naggar that Councilman Stone was attending a community forum.
PRELUDE MUSIC
The violin music was provided by Eve Craig.
INVOCATION
The invocation was given by Ciera Saunders of Baha'i Community Church.
ALLEGIANCE
The flag ceremony was presented by Mayor Pro Tern Comerchero.
NATIONAL ANTHEM
The National Anthem was sung by Joelle James.
PRESENTATION/PROCLAMATIONS
Certificate of Appreciation to Joelle James
Expressing how proud he is of Ms. James, Councilman Washington presented a Certificate to her
and commended her on her role as a role model to the young adults and an inspiration to the
adults.
Citizen Corps Presentation by District Director Paule
Honoring the City Council on the establishment of the Temecula Citizen Corps, District Director
Paule presented a Plaque to the Mayor and relayed Congressman Issa's support of this program.
Mayor Naggar reminded the public of the upcoming Temecula Citizen Corps meeting on
Wednesday, February 25, 2004, in the City Council Chambers.
Central Coast Productions Presentation
Mr. Mike Madden of Central Coast Productions presented memorabilia to the Council of the
upcoming Good Old Car Show; advised that the show is sold out; and that sponsorships have been
outstanding. He thanked the City Council for its support and invited the Council and the public to
attend this upcoming event.
R:\Minutes\022404
PUBLIC COMMENTS
A. In response to Mr. Joseph Terrazas' concern, representing the Wolf Valley Homeowners
Association, Public Works Director Hughes commented on the status of the Pechanga Parkway
expansion, noting the following:
That a Community Facilities District has been formed as the primary funding source for
the widening of Pechanga Parkway (six lanes from SR 79 south to Via Gilberto at which
point it will transition to four lanes)
That the existing design was planned to accommodate the Wolf Creek development,
including the existing casino but that the current design would not include the casino
expansion.
Mayor Naggar noted, for Mr. Terrazas, that a meeting would be set with the
homeowners association and staff to discuss the matter.
B. Addressing the closing of a local hockey rink in Lake Elsinore, Mr. Mike Harrington,
41797 Green Tree Road, noted that the are no local rinks for the children and/or adults and
relayed his desire for a rink in the City.
C. Ms. Tomi Arbogast, 43221 Corte Cabrera, representing the Temecula Citizen Corps,
further commented on tomorrow's Corps meeting at 6:30 P.M., in the City Council Chambers;
advised that the City is the only City in the Nation to have such a program; apprised of Federal
Emergency Management Agency's (F.E.M.A.) support of this program; encouraged public
participation; and thanked the City Council, City staff, and the Public Traffic Safety Commission
for its support.
CITY COUNCIL REPORTS
A. Mayor Pro Tern Comerchero reminded the viewing public that Election Day will be on
March 2, 2004, and encouraged the residents to vote.
Mr. Comerchero commended Councilman Washington on receiving the Citizen of the
YearAward from the Temecula Valley Chamber of Commerce.
B. Councilman Washington as well encouraged voter participation in the upcoming election;
commented on an upcoming PTSA Mystery Theater Fundraiser for the Gardner Middle School
library; and wished City Clerk Jones a Happy Birthday.
C. Having attended another Indian Gaming Local Community Benefit Committee (SB 621)
meeting, Councilman Roberts addressed the City's eligibility to qualify for certain funding and
noted that he would keep the City apprised.
Having received the Draft EIR/EIS of the California High Speed Rail Authority,
Councilman Roberts requested that staff review the draft information and provide comments
within the 90-day period. City Manager Nelson advised that Principal Planner Brown would be
reviewing the information.
R:\Minutes\022404
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 Minutes
RECOMMENDATION:
2.1 Approve the minutes of January 27, 2004.
3 Resolution approving List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 04-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Approval of 2003-04 Mid -Year Budget Adjustments
RECOMMENDATION:
4.1 Adopt a resolution entitled:
RESOLUTION NO. 04-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AMENDING THE FISCAL YEAR
2003-04 ANNUAL OPERATING BUDGET
4.2 Adopt a resolution entitled:
RESOLUTION NO. 04-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, REVISING THE SCHEDULE OF
AUTHORIZED POSITIONS
R:\Minutes\022404 3
5 Dalton Historic Building II (PA03-0711)
0
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 04-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A HEIGHT INCREASE OF SIXTEEN
FEET AND ONE-STORY FOR PLANNING APPLICATION NO.
PA03-0711, LOCATED AT THE NORTHWEST CORNER OF
MERCEDES STREET AND FIFTH STREET, KNOWN AS
ASSESSOR PARCEL NO. 922-024-014
Chaparral Center Expansion (Height Extensions)
RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 04-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A HEIGHT INCREASE OF SIXTEEN
FEET TEN INCHES AND ONE-STORY FOR PLANNING
APPLICATION NO. PA03-0471, LOCATED AT 28461 OLD
TOWN FRONT STREET, GENERALLY LOCATED ON THE
WEST SIDE OF OLD TOWN FRONT STREET,
APPROXIMATELY 150 FEET NORTH OF SIXTH STREET
KNOWN AS ASSESSOR PARCEL NO. 922-026-022
RECOMMENDATION:
7.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the State Route 79 South Sidewalk and Landscape
Improvement —Project No. PW01-02.
RECOMMENDATION:
8.1 Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for the Asphalt Crackfill Project — FY2003-
2004 — various streets — Project No. PW04-04.
RAMinutes\022404
0
10
RECOMMENDATION:
9.1 Approve the Plans and Specifications and authorize the Department of Public Works
to solicit construction bids for the Slurry Seal Project — FY2003-2004 — Project No.
PW04-03.
11SD
RECOMMENDATION:
10.1 Approve Amendment No. 4 to the agreement with Michael Brandman Associates to
provide professional engineering services for the Pechanga Parkway Phase II
Improvements, Project No. PW99-11, for an amount not to exceed $9,950.00, and
authorize the Mayor to execute the agreement.
11 Records Destruction
RECOMMENDATION:
11.1 Approve the scheduled destruction of certain City records in accordance with the
City of Temecula approved Records Retention Policy.
12 Expenditure of Local Law Enforcement Block Grant (LLEBG) Funds
RECOMMENDATION:
12.1 Approve the expenditure of Local Law Enforcement Block Grant Funds and local
match funds in the amount of $35,866 for the purchase of police equipment.
13 Resolution of Support for Proposition No. 55
(At the request of Councilman Washington)
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. 04-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING PROPOSITION NO. 55 WHICH
PROVIDES COMMUNITIES MATCHING STATE FUNDS TO
BUILD NEW LOCAL SCHOOLS AND REPAIR SCHOOLS
(Pulled for separate discussion; see page 6-7.)
R:\Minutes\022404
14 Resolution of Support for Proposition Nos. 57 and 58
15
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 04-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING PROPOSITION NOS. 57 AND 58
WHICH SUPPORT BALANCING THE STATE BUDGET AND
PREVENTING FUTURE DEFICITS
(At the request of Mayor Naggar)
=6161&lTif Oil -97TV042till
15.1 Adopt a resolution entitled:
RESOLUTION NO. 04-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING ASSEMBLY BILL 488 (PARRA)
WHICH PROVIDES PUBLIC DISSEMINATION OF SEX
OFFENDER INFORMATION PURSUANT TO MEGAN'S LAW
SHALL OCCUR THROUGH AN INTERNET WEBSITE
OPERATED BY THE DEPARTMENT OF JUSTICE (DOJ)
(Pulled for separate discussion; see pages 7.)
MOTION: Councilman Washington moved to approve Consent Calendar Item Nos. 1-12, and 14
(Item Nos. 13 and 15 were pulled for separate discussion; see pages 6-7.) Mayor Pro Tern
Comerchero seconded the motion and electronic vote reflected approval with the exception of
Councilman Stone who was absent.
CONSENT CALENDAR ITEMS DISCUSSED UNDER SEPARATE DISCUSSION
13 Resolution of Support for Proposition No. 55
(At the request of Councilman Washington)
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. 04-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING PROPOSITION NO. 55 WHICH
PROVIDES COMMUNITIES MATCHING STATE FUNDS TO
BUILD NEW LOCAL SCHOOLS AND REPAIR SCHOOLS
R:\Minutes\022404
Senior Management Analyst Adams presented the staff report (as per agenda material),
advising that the School District has requested the City's support of Proposition No. 55.
Addressing the importance of supporting this particular School Bond Measure, Councilman
Washington advised that the funding to the District, through this proposition, would be utilized to
complete the fourth high school in the City as well as other needed renovations/upgrades to
existing schools. In closing, Mr. Washington noted that material with regard to this proposition
may be attained from the Chamber of Commerce.
MOTION: Councilman Roberts moved to approve staff recommendation. The motion was
seconded by Mayor Pro Tem Comerchero and electronic vote reflected approval with the
exception of Councilman Stone who was absent.
15 Support of Assembly Bill 488 (Parra) — Enhancement of Megan's Law and Public
Information Dissemination
(At the request of Mayor Naggar)
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 04-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING ASSEMBLY BILL 488 (PARRA)
WHICH PROVIDES PUBLIC DISSEMINATION OF SEX
OFFENDER INFORMATION PURSUANT TO MEGAN'S LAW
SHALL OCCUR THROUGH AN INTERNET WEBSITE
OPERATED BY THE DEPARTMENT OF JUSTICE (DOJ)
Senior Management Analyst Adams presented the staff report (of record)
Relaying his appreciation to the City Council for its support of these efforts, Mr. Rick Reiss,
43602 Modena Drive, commented on the information provided on the website of the City of San
Jose and requested that Riverside County be able to provide same information such as name,
address, picture, and criminal history of the high -risk sex offender.
In response to Mr. Reiss' comment, Councilman Roberts requested that staff determine if there
were any Senators in opposition to the proposed Assembly Bill and if there were, that lobbying
efforts be initiated in an effort to obtain support.
Although supporting the Assembly Bill as well as the proposed resolution, Mr. Roberts
expressed concern with the proposed sunset clause date of July 1, 2010.
Echoing Councilman Roberts' comment, Mayor Pro Tern Comerchero requested that the sunset
clause date of July 1, 2010 be eliminated.
MOTION: Mayor Pro Tern Comerchero moved to approve staff recommendation with the
amendment to delete the July 1, 2010 sunset clause date. The motion was seconded by
Councilman Roberts and electronic vote reflected approval with the exception of Councilman
Stone who was absent.
R:\Minutes\022404
At 7:48 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency and after a short recess, at 8:00 P.M., the City Council resumed
with regular business.
COUNCIL BUSINESS
16 Diaz Road Realignment Proiect. Proiect No. PW95-27. Resolution of Necessitv —
RECOMMENDATION:
16.1 Hold a public hearing and take testimony from the members of the Rancho
California Business Park Association or their representatives if they ask to be heard
on issues A, B, C, and D set forth below regarding the proposed acquisition of the
Covenants, Conditions, and Restrictions by condemnation for street improvement,
road, and highway purposes in connection with the proposed Diaz Road
Realignment Project;
16.2 Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether
to adopt a Resolution of Necessity;
If the City Council finds, based on its consideration of the evidence contained and referred
to in this staff report, the testimony and comments received during the public review and
planning process, all other testimony that may be presented, and all other evidence and
records pertaining to this matter, that the evidence warrants the necessary findings as to
the proposed Resolution of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, and upon taking a separate vote on each proposed resolution:
16.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject encumbrances;
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD
17 Diaz Road Realianment Proiect. Proiect No PW95-27 Recnlutinn of NPCPscity —
RECOMMENDATION:
17.1 Hold a public hearing and take testimony from the property owners or their
representatives if they ask to be heard on issues A, B, C, and D set forth below
regarding the proposed acquisition of the Morter Family Trust Property by
condemnation for street improvement, road, and highway purposes in connection
with the proposed Diaz Road Realignment Project;
R:\Minutes\022404 8
17.2 Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether
to adopt a Resolution of Necessity;
If the City Council finds, based on its consideration of the evidence contained and referred
to in this staff report, the testimony and comments received during the public review and
planning process, all other testimony that may be presented, and all other evidence and
records pertaining to this matter, that the evidence warrants the necessary findings as to
the proposed Resolution of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, and upon taking a separate vote on each proposed resolution:
17.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject property;
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD
18 Diaz Road Realignment Project, Project No. PW95-27, Resolution of Necessity — Massie
Family Trust Property (APN 921-020-039)
RECOMMENDATION:
18.1 Hold a public hearing and take testimony from the property owners or their
representatives if they ask to be heard on issues A, B, C, and D set forth below
regarding the proposed acquisition of the Massie Family Trust Property by
condemnation for street improvement, road, and highway purposes in connection
with the proposed Diaz Road Realignment Project;
18.2 Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether
to adopt a Resolution of Necessity;
If the City Council finds, based on its consideration of the evidence contained and referred
to in this staff report, the testimony and comments received during the public review and
planning process, all other testimony that may be presented, and all other evidence and
records pertaining to this matter, that the evidence warrants the necessary findings as to
the proposed Resolution of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, and upon taking a separate vote on each proposed resolution:
18.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject property;
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD
RAMinutes\022404
City Attorney Thorson provided the staff report (as per agenda material).
Further commenting on this project, Public Works Director Hughes noted the following:
• That this project has been planned for approximately six years;
• That because of concerns of accidents at the Rancho California Road/Business Park
Drive intersection and because of the continual growth of the industrial park, a signal will
be placed at Business Park Drive; that the placement of this signal, because of the
existing signal at Diaz Road/Rancho California Road intersection, will actually
compromise the integrity, volume, and capacity of the Rancho California Road/Old Town
Front Street intersection;
• That the new signal (Business Park Drive) is a needed signal but that it would not be
desirous to compromise the integrity or capacity of Rancho California Road; therefore, a
variety of capacity improvements have been started in an effort to improve this corridor,
such as:
o Install a signal at Business Park Drive/Rancho California Road
o Realign Diaz Road from its existing location to the Business Park Drive location
and remove the signal at Diaz Road which otherwise would double the stacking
distance for vehicles traveling eastbound on Ranch California Road
o Construct the Rancho California Bridge over Murrieta Creek and the addition of
lanes to improve capacity
o Add lanes east of Old Town Front Street to the southbound ramps.
• That these improvements will assist with the level of service at the intersections as well
as traffic circulation;
• That although the City was fortunate in being able to construct the Low Flow Crossing at
Via Montezuma, the Flood Control Project will be proceeding which may result in the
loss of use of the Low Flow Crossing; therefore, desirous of further ensuring capacity on
Rancho California Road;
• That because of the visibility of this project, most of the involved property owners and
the Business Park Association approached the City prior to offers being made;
• That this project as well as other improvements will ensure that the City will be able to
keep up with the continual development of the Business Park on the north and south
sides;
• That the primary concern raised with regard to this project pertains to change of driving
patterns;
• That the proposed land acquisitions are minor considering the scope of the project and
that no structures will be included in the acquisition, only land.
Further reviewing the process of acquiring property through eminent domain and in response to
the City Councilmembers, Public Works Director Hughes responded as follows:
• That the northbound lanes on Diaz Road will be maintained at the existing location (free
right -turn movement); that the westbound vehicle entry to Business Park, traveling north
on Diaz Road, the driver will no longer have to wait for a signal movement; that a lane on
the bridge will accommodate that right -turn movement;
• That offers were sent to the two fee parcels in 2002;
• That the signals are currently out to bid;
• That, in the City's opinion, this matter has come to a condemnation hearing not because
of monetary issues but primarily because the property owners are not desirous of the
project and, therefore, the City may not be able to mitigate the owners concerns;
• That if the City were to take the requested action, negotiations would proceed
throughout the entire process in an effort to settle out of court;
• That currently no time schedule has been set for the Western Bypass tie-in.
R:\Minutes\022404 10
City Attorney Thorson further reiterated that the City would continue its negotiations, noting that
the City has initiated this process for approximately 50 parcels over the past several years; and
that none have gone to trial. Mr. Thorson advised that the City Clerk had received a letter
today, dated February 24, 2004, from Kendall MacVey of Best Best & Krieger, expressing views
with respect to the properties owned by Global Outdoors, Inc., Musk Ox Properties, Ltd.,
Outdoor Channel Holdings, Inc., Outdoor Channel, and the Massie Family, noting that copies
have been distributed to the City Council and that Mr. Hughes' comments have addressed the
issues raised in his letter.
Mr. Peter Racobs of Fiore, Racobs & Powers, representing the Business Park Association,
addressed the information provided in the staff report as well as the overall project and
commented on the proposed mitigation measures, noting the following:
That the Business Park Association does in fact have the authority to approve a use not
expressly permitted nor expressly prohibited under the CC&Rs;
That the primary concern would be traffic circulation but that compensation would as well
be an issue; that the City Council would not be able to make a required finding with
regard to the City making an offer to each compensable property owner with the
Association; that the City has only made an offer to the Association;
That versus spending money on lawsuits, the City should be utilizing such monies to
improve traffic circulation within the area of discussion and install a traffic signal at the
western intersection of Business Park Drive.
In response to Mr. MacVey's comments, Mr. Michael Yoshiba, attorney representing the City,
noted the following:
That the Association would be the organization with the decision authority for the
Association members; that an offer has been made to the Association, which, in turn,
has the ability to notify each and every business park owner; that if litigation were to
proceed, each business park member would be named as claimants for compensation;
That the City has the responsibility to notify the owner of record and the decision -making
body of the CC&Rs;
That a majority vote of the members of the Association would be necessary as to how to
proceed.
For Councilman Roberts, Mr. MacVey confirmed that the City is a member of the Rancho
California Business Park Association.
Mr. Robert Sieja, President/CEO of Western Eagle Foundation, provided a brief description of
the services and support provided by Western Eagle Foundation; expressed concern with this
project limiting accessibility to the Western Eagle property from Diaz Road by way of a left-hand
turn; requested that a second driveway be constructed and that left-hand turn movements into
and from Western Eagle onto Diaz Road be permitted.
By way of overheads, Mr. Jerry Morter, Fullerton, addressed accessibility to his property
(Western Eagle Foundation); commented on the loss of valuable frontage (approximately
13,000 square feet); advised that currently he has only one driveway to access his five -acre
parcel; opposed the raised median; suggested that the proposed expansion be moved to the
right side of Diaz Road (creek side) and, thereby, eliminating the need to impact property
owners; and echoed that traffic circulation would be a primary concern but that compensation
would be a concern as well.
R:\Minutes\022404 11
Reiterating his past opposition to the Diaz Road Realignment Project, Mr. Sam Pratt, 40470
Brixton Cove, stated that, in his opinion, the project would violate the California Environmental
Quality Act (CEQA).
In response to comments made, Public Works Director Hughes stated the following:
• That mitigation measures such a landscaping, irrigation, replacement of monument
signs, etc. will be fully addressed;
• That the signal west of Business Park Drive at Rancho California Road has been ranked
as a low priority and would not be viewed as a direct connection to this project;
• That because of the existing curvature of Diaz Road, a left -turn into Western Eagle
would create a compromised site distance concern;
• That as per the City's Circulation Element Plan, a raised median is necessary on Diaz
Road; that the existing driveway for Western Eagle Foundation would be reconstructed
and widened to ensure a radius that would permit effective maneuvering for trucks and
trailers;
• That moving the proposed expansion closer to the creek side would not be feasible
because of the curvature and radius of the road and, thereby, making it unacceptable for
the design speeds for this road;
• That although offers have been made, the City would be willing to continue negotiations
with regard to compensation;
• That the proposed project would not change the travel patterns on Pujol Street;
• That the feasibility of a second driveway would have to be explored.
For Councilman Washington, Mr. Hughes further commented on the location of the existing
driveway as well as the proposed improvements; noted that the planned median would extend
further north of the existing driveway; and that U-turns would be permitted at the Rancho Way
Road/Diaz Road signal.
Further commenting on the current and the proposed ingress/egress movements for Western
Eagle Foundation, Public Works Director Hughes, for Mayor Pro Tern Comerchero, stated that
the existing driveway is very narrow; that trucks currently cross the centerline while making a
right -turn movement from Western Eagle property; that access to the Western Eagle Foundation
would be achieved through Winchester Road, south on Diaz Road, and right -turn movement
onto the property; that the current left -turn movement from Western Eagle Foundation is not a
desirable situation; and that egress from the Western Eagle property would be achieved by a
right -turn movement onto Diaz Road, to Rancho California Road, and then to the freeway. With
regard to the installation of a signal at the west end of Business Park Drive, Mr. Hughes noted
that this signal will either be installed by the City because it has been placed on a priority list or
if the Association were to decide to install it, noting that the cost of such a signal would be
approximately $150,000 and that other than cost, there would not be a detriment to traffic if this
signal were installed.
Councilman Roberts expressed concern with trucks having the ability of U-turn movements at
Rancho Way; with there not being a deceleration nor an acceleration lane on Diaz Road; and
with Western Eagle Foundation property having only one driveway. He suggested the
possibility of two driveways— one for ingress and one for egress.
In response to Mr. Roberts' concern, Public Works Director Hughes noted that the proposed U-
turn movement would be no different than any other City location; advised that the signal at
Rancho Way and Diaz Road as well as the U-turn movements was as a result of negotiations.
Mr. Hughes stated that the Diaz Road widening project would extend to the Low Flow crossing.
With regard to a second driveway, he expressed a safety and site distance concern.
R:\Minutes\022404 12
Councilman Washington suggested that a second driveway access, between the buildings on
Business Park Drive, be explored.
City Attorney Thorson, for Councilman Washington, noted that the Business Park Association
would be the correct entity for this type of an eminent domain action.
Although the proposed project will inconvenience some property owners, Mayor Pro Tern
Comerchero, echoed by Councilman Roberts, stated that those inconveniences would not be to
the level of the improvements made for the general good of the City. Mr. Comerchero
expressed concern with the impact this project may have on the daily activities of the Western
Eagle Foundation and, therefore, requested that more detailed drawings of the newly proposed
driveway be presented to the Council and that the construction of a second driveway be further
explored and, therefore, suggested that this matter be continued for 30 days.
Strongly emphasizing the need for this project in order to address public safety impacts and the
need to proceed in a timely fashion, Councilman Washington relayed his desire to proceed with
the recommended action and to encourage the City to further negotiate in an effort to lessen the
impact to Western Eagle Foundation.
City Attorney Thorson advised that if the Council were to take the requested action, litigation
would be filed but that negotiations with the property owners would continue.
Reiterating that the City will continue its negotiations, Public Works Director Hughes advised
that the needed amount of square footage may not be amended, noting that the requested
square footage is needed to complete this project. Mr. Hughes requested that the City Council
make the findings of necessity for the acquisition process, advising that, at this time, the Council
is not being asked to approve the design of the project.
Echoing Councilman Washington's comments to proceed and take the necessary action with
the understanding that negotiations will continue, Mayor Naggar commented on the benefits of
this project being for the greater good of the entire City.
Councilman Roberts concurred with a 30-day continuance.
In light of the importance of this project and the importance of the City Council having a comfort
level in the overall project, City Manager Nelson stated that the City may proceed this evening
and negotiations would continue or the Council may choose to continue this item for 30 days in
order to allow the opportunity to provide additional information.
MOTION: Councilman Washington moved to continue Item Nos. 16, 17, and 18 to the March
16, 2004 City Council meeting. The motion was seconded by Mayor Pro Tem Comerchero and
electronic vote reflected approval with the exception of Councilman Stone who was absent.
It was suggested that a Council subcommittee be formed to address this matter on which
Councilman Washington offered to serve.
Having been dealing with this matter for several years, both Mayor Pro Tern Comerchero and
Councilman Roberts requested to serve on this subcommittee.
MOTION: Mayor Pro Tern Comerchero moved to appoint Mr. Roberts and Mr. Comerchero to
serve on this subcommittee. The motion was seconded by Councilman Roberts and electronic
vote reflected approval with the exception of Councilman Stone who was absent.
RAMinutes\022404 13
19 Public/Traffic Safety Commission Appointment
RECOMMENDATION:
19.1 Appoint one applicant to serve on the Public/Traffic Safety Commission for an
unexpired term through October 10, 2004.
City Clerk Jones briefly summarized the staff report (of record).
Echoing Councilman Roberts' comment, Mayor Pro Tern Comerchero relayed his support of
appointing Mr. Paul Jacobs.
Both Mayor Naggar and Councilman Washington as well expressed their support of the
appointment of Mr. Paul Jacobs.
MOTION: Councilman Roberts moved to appoint Mr. Paul Jacobs to the Public/Traffic Safety
Commission. The motion was seconded by Mayor Pro Tern Comerchero and electronic vote
reflected approval with the exception of Councilman Stone who was absent.
DEPARTMENTAL REPORTS
No additional comments.
CITY MANAGER'S REPORT
No comment.
CITY ATTORNEY'S REPORT
City Attorney Thorson advised that as per the Brown Act, there were no items to report under
Closed Session, noting that the real property items, if successful in negotiations, will be
forwarded to the City Council in Open Session at the next meeting and advising that the City
Council provided direction with respect to the two litigation matters.
ADJOURNMENT
At 9:41 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday,
March 16, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Michael S. Naggar, Mayor
ATTEST:
RAMinutes\022404 14
ITEM 3
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT
THE CITY COU14CIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on file in the
Office of the City Clerk, have been audited by the City Manager, and that the same are hereby
allowed in the amount of $6,253,194.50.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 16'" day of March, 2004.
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Resos 2004/Resos 04-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W. Jones, CIVIC, City Clerk of the City of Temecula, hereby do certify that the
foregoing Resolution No. 04- was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 16t' day of March, 2004 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Susan W. Jones, CIVIC
City Clerk
R:/Resos 2004/Resos 04-
CITY OF TEMECULA
LIST OF DEMANDS
02/19/04 TOTAL CHECK RUN:
$
1,227,276.41
02/26/04 TOTAL CHECK RUN:
2,858,911.80
03/04/04 TOTAL CHECK RUN:
1,843,471.35
02/26/04 TOTAL PAYROLL RUN:
323,534.94
TOTAL LIST OF DEMANDS FOR 03M6104 COUNCIL MEETING:
$
6,253,194.50
DISBURSEMENTS
BY FUND:
CHECKS:
001
GENERALFUND
$ 3,176,840.41
120
DEVELOPMENT IMPACT FUND
11.00
165
RDA DEV-LOW M10D SET ASIDE
16,773.32
190
COMMUNITY SERVICES DISTRICT
168,605.48
192
TCSD SERVICE! LEVEL B
37,970.66
193
TCSD SERVICE! LEVEL C
69,261.63
194
TCSD SERVICE: LEVEL D
480.13
210
CAPITAL IMPROV PROJECT FUND
760,367.78
261
CFD 88-12 ADNIIN EXPENSE FUND
5,517.76
280
REDEVELOPMENT AGENCY -CIP PROJECT
22,983.04
300
INSURANCE FUND
112,981.80
310
VEHICLE FUND
1,253.36
320
INFORMATION SYSTEMS
51,215.56
330
SUPPORT SERVICES
10,276.97
340
FACILITIES
12,499.66
460
CFD 88-12 DEBT SERVICE RESERVE FUND
397,318.75
470
CFD 01-2ADMIN/DEBT SERVICE FUND
695,584.23
473
CFD 03.1 CROWNE HILL RESERVE FUND
390,718.02
$
5,929,659.56
001
GENERAL FUND
226,434.93
165
RDA DEV-LOW,'MOD SET ASIDE
5,431.41
190
COMMUNITY SI=RVICES DISTRICT
54,783.83
192
TCSD SERVICE LEVEL B
108.61
193
TCSD SERVICE LEVEL C
4,998.53
194
TCSD SERVICE LEVEL D
743.42
280
REDEVELOPMENT AGENCY -CIP PROJECT
2,248.85
300
INSURANCE FUND
1,037.36
320
INFORMATION SYSTEMS
19,589.78
330
SUPPORT SERVICES
2,544.83
340
FACILITIES
5,613.39
323,534.94
TOTAL BY FUND:
$
6,253,194.50
SHAWN NELSON, CITY MANAGER
I
HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
apChkLst
02/19/2004
2:33:37PM
Final Check List
CITY OF TEMECULA
Page: 1
Bank:
union UNION BANK
OF CALIFORNIA
Check #
Date
Vendor
Description
Amount Paid
Check Total
273
02/18/2004
000166
FIRST AMERICAN TITLE
Property pur0h Depst:28731 Pujol St
10,000.00
10,000.00
89752
02/19/2004
001375
AMERICAN CONSTRUCTION
Membership: Jack L. Hodson
125.00
125.00
89753
02/19/2004
006463
AMERICAN LANDSCAPE
Jan Ldscp impr: Slopes
112.00
112.00
89754
02/19/2004
004022
AMERICAN MINI STORAGE, TE
Feb storage lease for unit B109
153.00
Feb storage lease for unit F105
144.00
297.00
89755
02/19/2004
000747
AMERICAN PLANNING ASSOCI
Membership: J. DeGange 106351
329.00
329.00
89756
02/19/2004
000101
APPLE ONE, INC.
Temp help PPE 1/31 Delarm
592.80
Temp help PPE 1/31 Wills
572.00
Temp help PPE 1/31 Lee
520.00
Temp help PPE 1/31 Alexander
171.60
Temp help PPE 1/24 Alexander
11.70
1,868.10
89757
02/19/2004
003203
ARTISTIC EMBROIDERY
City logo jacket: B&S
74.35
74.35
89758
02/19/2004
002648
AUTO CLUB OF SOUTHERN CA
Membership: S.Lankenau 93416891
44.00
44.00
89759
02/19/2004
007370
BANNOC:K, DEBBIE
Refund: Miss. Sues Dance
8.75
8.75
89760
02/19/2004
000622
BANTA ELECTRIC-REFRIGERA
Install outlet for entry card: IS
385.00
385.00
89761
02/19/2004
003137
BARKERS FOOD MACHINERY S
TCC: Kitchen equip gtrly mntc
221.67
CRC: Kitchen equip qtrly mntc
202.67
Sr Ctr: Kitchen equip qtdy mntc
152.00
576.34
89762
02/19/2004
003466
BASKET & BALLOONS TOO!
Econ Devel Promotional Baskets
107.75
107.75
89763
02/19/2004
002541
BECKER CONSTRUCTION SRV
R&R 3 handicap ramps: Old Town
6,338.00
6,338.00
89764
02/19/2004
004778
BERRYMAN & HENIGAR INC
Jan temp inspector help: Grance
13,186.20
13,186.20
89765
02/19/2004
003138
CAL MAT
Hot Mix Asphalt for PW mntc
2,922.47
2,922.47
89766
02/19/2004
000131
CARL WARREN & COMPANY I
Oct -Dec Claim adjuster services
2,132.35
Oct -Dec Claim adjuster services
200.25
2,332.60
Page:1
apChkLst Final Check List Page: 2
02/19/2004 2:33:37PM CITY OF TEMECULA
Bank:
union UNION BANK OF CAL FORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
89767
02/19/2004
000137
CHEVRON U S A INC
Fuel expense for city vehicles
30.41
30.41
89768
02/19/2004
007374
CHURCHWARD, RANDALL
Refund: Grading Depst 30355 Via Nor
995.00
995.00
89769
02/19/2004
007355
CLINE, LORI
Refund: Combo Dance
8.75
8.75
89770
02/19/2004
001193
COMP LI S A INC
Misc Computer Supplies: IS
194.91
194.91
89771
02/19/2004
000447
COMTRONIX OF HEMET
Relocate emerg. satellite phones
706.89
PW Dump Truck radio installation
538.30
1,245.19
89772
02/19/2004
000864
CORONA CLAY COMPANY INC
Mound mix for sports park
1,077.50
1,077.50
89773
02/19/2004
007373
DEL SOL INVESTMENTS
Refund: Mechanical Fee 32170 C Hwy
127.50
127.50
89774
02/19/2004
004192
DOWNS COMMERCIAL FUELI
Fuel for city vehicles: City Van 61349
29.47
29.47
89775
02JI9/2004
000395
ECONOMIC DEVELOPMENT CO
Qtly Luncheon Mtg:Thorson/DeGange
70.00
70.00
89776
02/19/2004
000164
ESGIL CORPORATION
Jan plan check svcs: B&S
6,071.89
6,071.89
89777
02/19/2004
000165
FEDERAL EXPRESS INC
Express mail services
448.90
448.90
89778
02/19/2004
000166
FIRST AMERICAN TITLE
Lot Book Reprt: Vasquez
150.00
150.00
89779
02/19/2004
003347
FIRST BANKCARD CENTER
000871
HILTON
MN Htl:Mayors Winter Mtg:1120-24
921.95
006942
ONTARIOAIRPORT
MN Prkg:Mayors Winter Mtg:1/20-24
60.00
007379
FRAN O'BRIEN'S STADIUM STE
MN Meal:Mayors Winter Mtg:1/20-24
21.20
000193
I C M A
JO Book:Managing Comm Mtgs
14.95
007380
QUIZNO'S CORPORATION
MN Meal:Mayors Winter Mtg:1/20-24
6.68
1,024.68
89780
02/19/2004
007366
FISCUS, BARBARA
Refund: Digital Cameras
30.00
30.00
89781
02/19/2004
007008
FISHER SCIENTIFIC COMPANY
Portable floodlight: Paramedics equip
272.34
272.34
89782
02/19/2004
007279
GAIL MATERIALS INC
Infield mix: Various Park sites
2,074.97
2,074.97
Page2
apChkLst Final Check List Page: 3
02/19/2004 2:33:37PM CITYOFTEMECULA
Bank:
union UNION BANK OF CALI FORNIA (Continued)
Check#
Date
Vendor
Description
Amount Paid
Check Total
89783
02/19/2004
007368
GELINAS, ELENA
Refund: Creative Dance
17.50
17.50
89784
OPJ19/2004
000177
GLENNIES OFFICE PRODUCTS
Office Supplies: City Clerk
258.69
Office Supplies: City Mgrs
53.29
311.98
89785
02/19/2004
005947
GOLDEN STATE OVERNIGHT
Express Mail Service: Fire
18.45
18.45
89786
02/19/2004
005311
H2O CERTIFIED POOL WATER
Jan pool mntc: CRC/TES
2,137.09
2,137.09
89787
02/19/2004
004053
HABITAT W EST INC
Dec Mntc: Lg Cyn Basin
504.16
504.16
89788
02/19/2004
000186
HANKS HARDWARE INC
Hardware supplies: Fire Prevention
167.08
167.08
89789
02/19/2004
007369
HITCHCOCK, ELENI
Refund: Combo Dance AH/KHNH
26.25
26.25
89790
02/19/2004
001517
INTEGFATED INSIGHTS DBA: H
Feb ee assist prgm coordinator
682.29
682.29
89791
02/19/2004
003266
IRON MOUNTAIN OFFSITE
Records mgmt microfilm storage unit
396.25
396.25
89792
02/19/2004
001186
IRWIN, JOHN
TCSD instructor eamings
88.00
88.00
89793
02/19/2004
004265
JEWELL FENCE COMPANY
Res Imp Prgm: Esparza, Tony
1,400.00
1,400.00
89794
02/19/2004
002424
KELLEY DISPLAY INC
117 Car Show Banners: Eco Devel
9,930.61
9,930.61
89795
02/19/2004
000206
KINKOS INC
Stationery paper/misc supplies
18.22
18.22
89796
02/19/2004
006744
LAMAR CORPORATION, THE
Feb Billboard lease pmt
2,500.00
Billboard chg-out to "Good Old"
450.00
2,950.00
89797
02/19/2004
000869
LAW RENCE W ELK RESORT TH
Sr excursion to Hello, Dolly! 2/26
440.00
440.00
89798
02/19/2004
003726
LIFE ASSIST INC
Paramedic squad supplies: Fire
590.64
Credit: Returned paramedic supplies
-64.35
Credit: Returned paramedic supplies
-80.44
Credit: Returned paramedic supplies
-193.05
Credit: Returned paramedic supplies
-210.00
42.80
89799
02/19/2004
000220
MAURIC E PRINTERS INC
New media kit pocket folders
5,496.33
5,496.33
Page3
apChkLst Final Check List Page: 4
02/19/2004 2:33:37PM CITY OF TEMECULA
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
89800
02/19/2004
003800
MCLAUGHLIN ENGINEERING
Dec Prgs Pmt #4:J.W. Rd Impry
99,069.18
Credit:C/03,8,10,11,12 not approved
-21,183.17
77,886.01
89801
02/19/2004
007210
MIDORI GARDENS
Irrigation Repairs:Veteran's Park
335.12
335.12
89802
02/19/2004
005887
MOFFATfT & NICHOL ENGINEER
Dec Consult Svcs:F.V.Pkwy/1-15
35,275.00
ACTT Workshop 12/1-31/03
8,000.00
43,275.00
89803
02/19/2004
007376
MOLLIN3, MARCUS
Refund:Security Deposit
100.00
100.00
89804
02/19/2004
004490
MUSCO SPORTS LIGHTING INC
Bulbs for ballpark lighting
4,515.88
4,515.88
89805
02/19/2004
002925
NAPA AUTO PARTS
Parts for PW Maint Vehicle
4.82
4.82
89806
02/19/2004
002139
NORTH COUNTY TIMES
Jan Public Ntcs:Planning
319.44
319.44
89807
02/19/2004
003382
O'GRADY, JAMES B.
Reimb:C.M.Mtg:2/04-06/04
72.42
72.42
89808
02/19/2004
002105
OLD TOWN TIRE & SERVICE
Tires for Police Trailer
239.89
City Vehicle MainVRepair Svcs
146.20
City Vehicle MainVRepair Svcs
23.50
409.59
89809
02/19/2004
002652
PAT & CSCARS RESTAURANT
Fire Prev Automation/Laptop Mtg w/Co
115.56
115.56
89810
02/19/2004
003218
PELA
Jan Plan Ck Svcs:Planning
13,945.00
13,945.00
89811
02/19/2004
000253
POSTMASTER
Express Mail & Postal Svcs
140.80
140.80
89812
02/19/2004
003697
PROJECT DESIGN CONSULTAN
Design Svcs:J.W. Rd Imprv.
3,738.00
3,738.00
89813
02/19/2004
000728
RAMSEY BACKFLOW & PLUMB
Var. Parks Backflow Testing Svcs
2,411.00
Var. Slopes Backflow Testing Svcs
426.00
2,837.00
89814
02/19/2004
000262
RANCHO CALIF WATER DIST
Various Water Meters
3,087.53
3,087.53
89815
02/19/2004
004584
REGENCY LIGHTING
Var. Parks Electrical Supplies
567.50
567.50
89816
02/19/2004
003742
REHAB FINANCIAL CORPORATI
Jan RDA Loan Collections
16.00
Dec RDA Loan Collections
8.00
24.00
89817
02/19/2004
002907
REINHART FONTES
Property Appraisal Svcs:Cherry/Diaz
6,500.00
6,500.00
PageA
apChkLst
02/19/2004
2:33:37PM
Final Check List
CITY OF TEMECULA
Page: 5
Bank:
union UNION BANK
OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
89818
02/19/2004
006483
RICHAFDS, TYREASHA I.
TCSD Instructor Earnings
200.00
200.00
89819
02/19/2004
007372
RILINGTON BELLA VILLAGGIO
Refund:Pe"ft Fees:MargrYnez/Paub
28.00
28.00
89820
02/19/2004
006124
RIVERSIDE BLUEPRINT
Toner for PW Copier
293.50
293.50
89821
02/19/2004
000352
RIVERSIDE CO ASSESSOR
Feb Assessor Maps for B&S Dept.
24.00
24.00
89822
02/19/2004
000353
RIVERSIDE CO AUDITOR
Dec Parking Cite Assessments
1,764.33
1,764.33
89823
02/19/2004
003698
RIVERSIDE CO ECONOMIC
Business Attraction Agreement Pmt
75,000.00
75,000.00
89824
02/19/2004
000411
RIVERSIDE CO FLOOD
NPDES Fac. Inspection:3/2-3/04
70.00
70.00
89825
02/19/2004
002940
RIVERSIDE CO OF (GIS SYSTE
FY 03/04 GIS Services
5,000.00
5,000.00
89826
02/19/2004
000355
RIVERSIDE CO REGISTRAR OF
11/04/03 Election Svcs
77,391.00
77,391.00
89827
02/19/2004
000406
RIVERSIDE CO SHERIFFS DEP
10/16-11/12/03:Law Enforcement
721,298.52
721,298.52
89828
02/19/2004
000271
ROBERT BEIN WM FROST & A
Dec Consult Svcs:1-15779S
800.00
800.00
89829
02/19/2004
000278
SAN DIE:GO UNION TRIBUNE
Jan Recruit Ads:H.R. Dept.
658.40
658.40
89830
02/19/2004
000645
SMART & FINAL INC
High Hopes Prgm Supplies
154.73
154.73
89831
02/19/2004
007375
SMITH, CHELSEA
Refund:Security Deposit
100.00
100.00
89832
02/19/2004
007367
SMITH, DIANA
Refund:Gymnastics-Tumbling Tot
28.00
28.00
89833
02/19/2004
000537
SO CALIF EDISON
Feb 2-01-202-7330 Various Mfrs
36,416.83
Jan 2-00-397-5059 Various Mtrs
5,673.42
42,090.25
89834
02/19/2004
001212
SO CALIF GAS COMPANY
Feb Var. City Fac. Gas Meters
4,586.38
4,586.38
89835
02/19/2004
007365
STILWELL, EVELYN
Refund:Miss Sues Dance
30.00
30.00
Pages
apChkLst
Final Check List
Page: 6
02/19/2004
2:33:37PM
CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check #
Date Vendor
Description
Amount Paid
Check Total
89836
02/19/2004 005412 TEMECULA GARDEN & POWER
Equip Repairs for PW Maint Div
123.23
Equip Repairs for PW Maint Div
75.92
199.15
89837
02/19/2004 006896 TEMECULA MUSIC ACADEMY I
TCSD Instructor Earnings
360.00
TCSD Instructor Earnings
72.00
432.00
89838
02/19/2004 000307 TEMECULA TROPHY COMPAN
Explorer Prgm Recogn. Awards
645.85
Signature Stamp:Finance
25.86
Plaque for Temecula Muster:9/27/03
10.99
682.70
89839
02/19/2004 000515 TEMECULA VALLEY CHAMBER
FY 03104 3rd Otr Funding Pmt
37,000.00
37,000.00
89840 02/19/2004 000919 TEMECULA VALLEY UNIFIED S FY 03/04 Field Renovations
89841 02/19/2004 000319 TOMARK SPORTS INC Sports Field Equipment
89842 02/19/2004 004981 UNISOURCE SCREENING & 01/01-15/04 Background Screen Svcs
89843 02/19/2004 004846 UNITED GREEN MARK INC Slopes Irrigation Supplies
89844 02/19/2004 004261 VERIZON CALIFORNIA Feb xxx-1941 PTA CD TTACSD
Feb xxx-3851 General Usage
89845 02/19/2004 004789 VERIZOV INTERNET SOLUTION Internet Svcs/EOC Backup @ Stn 84
89846 02/19/2004 003730 WEST COAST ARBORISTS INC Citywide Tree Trimming Maint Svcs
89847 02/19/2004 002109 WHITE CAP INDUSTRIES INC Maint Supplies for PW Maint Div
89848 02/19/2004 003756 WHITE HOUSE SANITATION Feb Cleaning Svcs:Btrfld Stage R.R.
21,550.00
343.67
45.00
40.04
57.97
41.09
69.95
1,260.00
928.98
50.00
Sub total for UNION BANK OF CALIFORNIA:
21,550.00
343.67
45.00
40.04
99.06
69.95
1,260.00
928.98
50.00
1,227,276.41
PageB
apChkLst
Final Check List
Page: 1
02/26/2004
4:51:17PM
CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check #
Date
Vendor
Description
Amount Paid
Check Total
274
02/26/2004
000444
INSTATAX (EDD)
State Disability Ins Payment
15,616.57
16,616.57
275
02/26/2004
000283
INSTATAX (IRS)
Federal Income Taxes Payment
62,073.08
62,073.08
276
02/26/2004
001065
NATIONWIDE RETIREMENT SO
Nationwide Retirement Payment
18,865.33
18,865.33
277
02/26/2004
000246
PERS (EMPLOYEES' RETIREME
PERS ER Paid member Contr Pmt
59,511.46
59,511.46
278
02/26/2004
000389
U S C M WEST (OBRA),
OBRA - Project Retirement Payment
2,049.16
2,049.16
90140
02/26/2004
001985
A E P (ASSOC OF ENVIRO
Membership David Hogan 5/4-4/5
100.00
100.00
90141
02/26/2004
004148
AT&T
Long distance svcs: P.D.
209.39
209.39
90142
02/26/2004
002038
ACTION POOL & SPA SUPPLY
Pool sanitizing chemicals supplies
47.37
Credit: Returned bottles
-35.00
12.37
90143
02/26/2004
004240
AMERICAN FORENSIC NURSES
DUI Drug & Alcohol Screening
362.40
DUI Drug & Alcohol Screening
80.90
443.30
90144
02/26/2004
000936
AMERIC:AN RED CROSS
Lifeguard Training Manuals
1,494.00
1,494.00
90145
02/26/2004
007398
ANDERI3ERG, PAULINE
Refund: Tia-Chi/Yoga
13.75
13.75
90146
02/26/2004
000101
APPLE ONE, INC.
Temp help PPE 217 Delarm
624.00
Temp help PPE 2/7 Lee
624.00
Temp help PPE 217 Wills
572.00
Temp help PPE 277 Alexander
171.60
1,991.60
90147
02/26/2004
004967
B D R ADVERTISING SPECIALTI
Mrkg products: Eco Devel
2,528.35
2,528.35
90148
02/26/2004
003215
BARCLAYS LAW PUBLISHERS
T 19 Public Safety Manual
85.00
85.00
90149
02/26/2004
002541
BECKER CONSTRUCTION SRV
J.Smith Channel silt & debris clean-up
1,789.20
1,789.20
90150
02/26/2004
004262
BIO-TOX LABORATORIES
DUI Drug & Alcohol Screening
1,024.70
DUI Drug & Alcohol Screening
569.60
1,594.30
90151
02/26/2004
004825
BOB'S CANVAS INC
Fac Imp Prgm: Wine & Beer Garden
14,930.00
Fac Imp Prgm: Wine & Beer Garden
-4,965.00
9,965.00
Page:1
apChkLst Final Check List Page: 2
02/26/2004 4:51:17PM CITY OF TEMECULA
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90152
02/26/2004
006721
BOISE 0ASCADE OFFICE
Office Furniture for Police Dept
2,285.11
Office Supplies: Planning Dept
622.84
Office Supplies: Finance
82.85
Office supplies: Finance
11.17
3,001.97
90153
02/26/2004
007389
BOULWARE, PAMELA
Refund: Yoga -Prenatal Yoga
57.00
57.00
90154
02/26/2004
004176
BROAGNING
Long distance &Internet svcs
2,088.46
2,088.46
90155
02/26/2004
007243
BROOKSTONE
Employees Service Awards
804.41
Employees Service Awards
175.13
979.54
90156
02/26/2004
000128
BROWN & BROWN OF CALIF. I
Chubb Insur. renewal 2104-2105
39,070.00
Landmark Insur. renewal 2/04-2/05
38,193.25
Grt Amer. Insur. renewal 2/04-2105
15,900.00
Greenwich Insur. renewal 2104-2/05
3,975.00
97,138.25
90157
02/26/2004
005055
BROWN, STEVE
Reimb: Refrshmnts:C.F. Vision Mtg
74.38
74.38
90158
02/26/2004
007399
BROWN, TAMMY
Refund: Arts/Crafts-Cartooning
112.50
112.50
90159
02/26/2004
006046
C S A 1 A SPRING TRAINING
Sprg Trng:3/10-12/04:Felt,Pete
300.00
300.00
90160
02/26/2004
006046
C S A IA SPRING TRAINING
Sprg Trng:3/10-12/04:Lopez,R.
300.00
300.00
90161
02/26/2004
005384
CALIF BAGEL BAKERY & DELI
Refreshments: Council closed session
168.09
168.09
90162
02/26/2004
000152
CALIF PARKS & RECREATION S
Playground Tmg:3/10:W iechec
75.00
75.00
90163
02/26/2004
006075
CAMPBELL, KENTON SCOTT
TCSD instructor earnings
459.20
459.20
90164
02/26/2004
004971
CANON FINANCIAL SERVICES,
Mar lease pmt for City Copiers
6,797.24
Mar lease prat for CRC copier
328.63
7,125.87
90165
02/26/2004
007245
CARTER, TAKESHI
Release of all claims #2004-421
636.89
636.89
90166
02/26/2004
002710
CHAMPLAIN PLANNING PRESS
5 issues of Planning comm. jml pub.
95.00
95.00
90167
02/26/2004
003428
CHIVALRY LIMOUSINE LLC
Park tour shuttle & driver svcs 1/23/04
215.00
215.00
90168
02/26/2004
003628
CHUYS RESTAURANT
Refreshments: Chiefs Mtg W/staff
311.98
311.98
Page2
apChkLst
Final Check List
Page: 3
02/26/2004
4:51:17PM
CITY OF TEMECULA
Bank:
union UNION BANK OF CALIFORNIA
(Continued)
Check#
Date
Vendor
Description
Amount Paid
Check Total
90169
02/26/2004
005417
CINTAS FIRST AID & SAFETY
First aid supplies: CRC
45.90
45.90
90170
02/26/2004
001410
CITIZENS SCHOLARSHIP
03/04 CSF Tern Valley High School
5,000.00
5,000.00
90171
02/26/2004
001410
CITIZENS SCHOLARSHIP
03/04 CSF- Chaparral High School
5,000.00
5,000.00
90172
02/26/2004
000912
CITY CLERKS ASSN OF CALIF
'03 Ann'I Cf:4/21-23:S.Jones/G.Flores
790.00
790.00
90173
02/26/2004
004405
COMMUNITY HEALTH CHARI
Community Health Charities Payment
163.00
163.00
90174
02/26/2004
006553
COMMUNITY NATIONAL BANK
Ret. to Escrow:Soundwall
26,834.80
26,834.80
90175 02/26/2004 002147 COMPLIMENTS COMPLAINTS & Deposit:Entertainment:CRC 216-7
Final prat: Entertainment: CRC: 216-7
Father/Daughter Date Ngt Bow Ties
90176 02/26/2004 002631 COUNTS UNLIMITED INC Traffic count data collection svcs
90177 02/26/2004 007377 CURTIS DUMP TRUCK & Refund: Bldg Fees 31195 Del Rey
90178 02/26/2004 002990 DAVID TURCH & ASSOCIATES Feb. Federal lobbyist svcs
90179 02/26/2004 004222 DIAMONDBACK FIRE & RESCU Fire Stn 73/92 - Amkus rescue sys svc
90180 02/26/2004 005965 DIVERSIFIED PROTECTION Data Ctr A/C Preventative Mntc
Credit: Client Canceled Agrmnt
90181 02/26/2004 007392 DIXON, ELIZABETH Refund: Music for toddlers
90182 02/26/2004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: TCSD 61343
Fuel for city vehicles: PW 61353
90183 02/26/2004 007395 DWELLE:, JENNIFER Refund: Yoga -Prenatal Yoga
90184 02/26/2004 004799 E C S IMAGING INC 4/04-3/05 Laserfiche mmc agrmnt
200.00
200.00
150.63 550.63
2,025.00 2,025.00
48.00 48.00
3,000.00 3,000.00
729.52 729.52
1,800.00
-1,492.50 307.50
30.00 30.00
961.60
520.37 1,481.97
57.00 57.00
14,073.59 14,073.59
Page3
apChkLst Final Check List Page: 4
02126(2004 4:61:17PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
90185 02/26/2004 001380 E S I EMPLOYMENT SERVICES Temp help PPE 2/6 Hear
Temp help PPE 2/6 LN & LN
Temp help PPE 2/6 Rush
Temp help PPE 216 Kanigowski
Temp help PPE 216 Cammarota
Temp help PPE 2/6 Lontok
Temp help PPE 2/6 Gutierrez
Temp help PPE 2/6 Seng
90186 02/26/2004 007319 EAGLE ROAD SERVICE & TIRE I PW large vehicles flat tire repairs
90187 02J26t2004 000523 EASTERN MUNICIPAL WATER Plan ck for Pechanga Pkwy/Deer Holl
90188 02/26/2004 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr Ldscp
90189 02/26t2004 006487 EUROPEAN CAFE & VINEYARD Refreshments:Closed Session
90190 02/26/2004 001056 EXCEL LANDSCAPE
90191 02/26/2004 000478 FASTS13NS
90192 02/26/2004 000165 FEDERAL EXPRESS INC
Jan Idscp svcs: South Slopes
Jan Idscp svcs: Medians
Jan Idscp svcs: City Parks & Fac.
Credit: Overchged Idscp svcs
Credit: Overchged Idscp Svcs
Credit: Overchged Idscp svcs
Credit: Overchged Idscp svcs
Credit: Overchged Idscp svcs
Lettering for PW Dump Truck
Lettering for fire prevention vehicle
Express mail services
90193 02/26/2004 001511 FIELDMAN ROLAPP & ASSOCIA Financial analysis:Butterfield CFD
Amount Paid
5,651.02
4,441.48
2,000.80
1,386.00
1,236.57
1,200.00
1,192.80
1,157.30
1,012.87
rrr rr
52.96
228.54
27,498.00
8,135.00
7,145.00
-51.00
-109.00
-299.00
-1,211.00
-1,767.00
1,242.02
463.57
183.28
3,031.94
Check Total
18,265.97
1,012.87
1,000.00
52.96
228.54
39,341.00
1,705.59
183.28
3,031.94
Page:4
apChkLst
Final Check List
Page: 5
02/26/2004
4:51:17PM
CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check #
Date Vendor
Description
Amount Paid
Check Total
90194
02/26/2004 003347
FIRST BANKCARD CENTER
DAVE & BUSTER'S
SJ City Clerk Team bldg
311.49
BARNES AND NOBLE
TT Microsoft Help Books
155.87
SHARP ELECTRONICS CORP.
TT Sharp projector repairs: IS
145.00
COUNTRY GARDEN RESTAURA
WH PW mtc staff prjt updates mtg
144.93
BORDERS BOOKS & MUSIC
TT Into System help books
118.46
BARNES AND NOBLE
TT Visually Office help books
67.86
VOLKER LUTZ ENTERPRISES, I
JM RDA lunch Mtg w/councilmember
19.49
KRISPY KREME DOUGHNUTS
SJ Refreshments:Team Bldg
15.35
SPRINT
TT Returned PCS keyboard
-129.28
849.17
90195
02/26/2004 001135
FIRST CARE INDUSTRIAL MED
New as physical & drug testing
25.00
25.00
90196 02/26/2004 007008 FISHER SCIENTIFIC COMPANY Paramedic squad equipment
Paramedic squad equipment
90197 02/26/2004 007396 FONSECA, RENEE Refund: Yoga -Find the Power T/TH
90198 02/26/2004 000170 FRANKL.IN QUEST COMPANY I Daytimer supplies: PW/Eng
90199 02/26/2004 004944 FULLCCURT PRESS Number Current A/P Check Stock
90200 02/26/2004 000177 GLENNIES OFFICE PRODUCTS Office Supplies: TCSD
Office Supplies: Fire Prev.
90201 02/26/2004 005947 GOLDEN STATE OVERNIGHT Express Mail Service: Fire Prevention
90202 02/26/2004 001609 GREATER ALARM COMPANY I Feb -Apr alarm svcs: Police Storefront
90203 02/26/2004 004053 HABITAT W EST INC
90204 02/26/2004 007371 HARVESTON,LLC
90205 02/26/2004 007391 HELMLE., FRANCIS
90206 02/26/2004 004811 HEWLEfTPACKARD
Jan mntc agrmnt: Lng Cyn Basin
Refund:Overpmt Const. Costs
Refund: Basic Drawing for Adults
Refund: Basic Drawing for Adults
6 PC'S for Police Dept
HP Color Laserjet: Police
587.45
275.34
39.00
178.20
615.51
1,459.06
669.71
10.29
87.00
504.16
76,001.25
46.67
46.67
6,180.54
2,060.18
862.79
39.00
178.20
615.51
2,128.77
10.29
87.00
504.16
76,001.25
93.34
8,240.72
Pages
apChkLst Final Check List Page: 6
02/26/2004 4:51:17PM CITY OF TEMECULA
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check 4
Date
Vendor
Description
Amount Paid
Check Total
90207
02/26/2004
005748
HODSON, CHERYL A.
Support Payment
22.70
22.70
90208
02/26/2004
003624
HOWELL, ANN MARIE
Design media kit pocket folder: EcoDe
1,670.25
1,670.25
90209
02/26/2004
007397
HSIEH, LOUISA
Refund:Tem Music Acad-LapKeyboard
220.00
220.00
90210
02/26/2004
007390
HUTCHINSON, MARGIE
Refund: Yoga -Find the Power T/TH
39.00
39.00
90211
02/26/2004
001060
HYATT
HtI:CSMFO Cf:Simpson:2/29-3/1/04
173.60
173.60
90212
02/26/2004
000194
1 C M A RETIREMENT TRUST 45
ICMA Retirement Payment
7,161.18
7,161.18
90213
02/26/2004
003857
IDEA AFT INC
Various Postcards for TCSD
168.35
168.35
90214
02/26/2004
001407
INTER VALLEY POOL SUPPLY I
Pool sanitizing chemicals
322.17
322.17
90215
02/26/2004
004908
JIFFY LOBE 1878
City Vehicle MainURepair Svcs
50.73
City Vehicle MainURepair Svcs
32.42
83.15
90216
02/26/2004
007276
K G T V
websile ad:Eco Dev mrkg prgm
900.00
900.00
90217
02/26/2004
007188
LAERDP.L MEDICAL CORP.
Heartsaver AED/First Aid/CPR text
431.00
431.00
90218
02/26/2004
003605
LAKE EL.SINORE STORM
High Hopes Baseball game depst
44.00
44.00
90219
02/26/2004
000210
LEAGUE: OF CALIF CITIES
'04 Planners Cf:3/31-4/2:Papp
450.00
450.00
90220
02/26/2004
003726
LIFE ASSIST INC
Paramedic squad supplies: Fire
371.30
Paramedic squad supplies: Fire
214.50
585.80
90221
02/26/2004
002634
LITELINES INC
Replacemnt Parts for Park Lamps
793.48
793.48
90222
02/26/2004
007387
LONDON, MARA
Refund: Color Me Mine:Adult Ceramic
40.00
Refund: Color Me Mine:Adult Ceramic
40.00
80.00
90223
02/26/2004
006897
LORY, SUSAN, J.
TCSD instructor earnings
126.00
TCSD instructor earnings
84.00
TCSD instructor earnings
42.00
252.00
90224
02/26/2004
004087
LOW E'S
Hardware supplies: City Hall
160.63
160.53
Page6
apChkLst Final Check List Page: 7
02/26/2004 4:51:17PM CITY OF TEMECULA
Bank:
union UNION BANK OF CALI FORNIA (Continued)
Check If
Date
Vendor
Description
Amount Paid
Check Total
90225
02/26/2004
007393
LYNCH, JULIO
Refund: Oil Painting
55.00
55.00
90226
02/26/2004
003782
MAIN STREET SIGNS
PW:Misc. signs & hardware
371.74
371.74
90227
02/26/2004
000394
MAINTENANCE
Can. Class:MVJS/DD/RC:4/14/04
120.00
120.00
90228
02/26/2004
004141
MAINTEX INC
Old Town Custodial Supplies
521.45
CRC Custodial Supplies
476.66
Sr Ctr Custodial Supplies
171.57
TCC Custodial Supplies
168.67
1,338.35
90229
02/26/2004
001967
MANPOWER TEMPORARY SER
Temp Help We 02/15 Dankworth
658.40
Temp Help We 02108 Dankworth
658.40
1,316.80
90230
02/26/2004
005806
MATTHEWS, CATHERINE J.
Oct Jan City Street Addressing
251.00
251.00
90231
02/26/2004
000220
MAURICE PRINTERS INC
Tem. Citizen Corp Brochures
1,050.56
1,050.56
90232
02/26/2004
007404
MCCVB-HOUSING BUREAU
Htl:'04 Plnrs Institute:3/31-4/2/04
341.16
341.16
90233
02/26/2004
004894
MICHAEL BRANDMAN ASSOCIA
Dec Prof Svcs:Pechanga Pkwy Ph II
3,366.40
3,366.40
90234
02/26/2004
007210
MIDORI GARDENS
Jan Parks Ldscp Maint Svcs
26,743.48
26,743.48
90235
02/26/2004
001892
MOBILE MODULAR
Feb Modular Bldg Rental:Stn 92
832.40
832.40
90236
02/26/2004
007388
MONET, SHARON
Refund:Hawaiian-Beg Teen/Adult
21.24
21.24
90237
02/26/2004
004508
NAGGAR, MICHAEL S.
Reimb:Conf/Mayors:01/20-24/04
7.67
7.67
90238
02/26/2004
002925
NAPA AUTO PARTS
Police:Misc auto parts
27.73
Police:Misc auto parts
24.41
52.14
90239
02/26/2004
000727
NATIONAL FIRE PROTECTION
Membership Dues: J. Neuman
135.00
135.00
90240
02/26/2004
000915
NATIONAL NOTARY ASSOCIATI
Renew Notary Ins:S.Jones
51.00
51.00
90241
02/26/2004
002100
OBJECT RADIANCE INC
TCSD Instructor Earnings
509.60
509.60
Page:?
apChklst
Final Check List
Page: 8
02/26/2004
4:51:17PM
CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90242
02/26/2004
002105
OLD TONN TIRE & SERVICE
PW Vehicle MainVRepair Svcs
167.21
PW Vehicle MainVRepair Svcs
119.29
PW Vehicle MaintlRepair Svcs
119.29
PW Vehicle MainVRepair Svcs
119.29
PW vehicle MainVRepair Svcs
80.16
PW Vehicle MaintlRepair Svcs
66.60
PW Vehicle MainVRepair Svcs
25.65
PW Vehicle MainVRepair Svcs
19.19
City Vehicle MainVRepair Svcs
1.08
717.76
90243
02/26/2004
001171
ORIENTAL TRADING COMPANY
CRC Recreation Supplies
10.90
10.90
90244
02/26/2004
004074
PARTY CITY OF TEMECULA IN
TCSD Special Events Supplies
20.03
20.03
90245
02/26/2004
001958
PERS LONG TERM CARE PROG
PERS Long Term Care Payment
288.55
288.55
90246
02/26/2004
000249
PETTY CASH
Petty Cash Reimbursement
380.25
Petty Cash Reimbursement
329.56
709.81
90247
02/26/2004
005075
PRUDE14TIAL OVERALL SUPPL
Jan City Fac. Uniform/MaUfowel Rent
795.40
795.40
90248
02/26/2004
005067
PURSUIT TECHNOLOGY INC
Laptop Equipment:Fire Stn 84
997.92
997.92
90249
02/26/2004
004318
R J BULLARD CONSTRUCTION
Jan Prgs Pmt #10:Soundwall Impry
241,513.20
241,513.20
90250
02/26/2004
004029
R J M DESIGN GROUP INC
Dec Dsgn Svcs:W.C. Sports Complex
49,185.23
49,185.23
90251
02/26/2004
007403
RAGAN COMMUNICATIONS, IN
'Bits & Pieces" Subscrp: A. Elmo
51.14
51.14
90252
02/26/2004
004468
RANCH MUFFLER
Fire Prevention Vehicle:Tool Box
374.79
374.79
90253
02/26/2004
000262
RANCHO CALIF WATER DIST
Various Water Meters
2,760.80
01-23-01075-1 Crowns Hill Dr.
366.67
3,127.47
90254
02/26/2004
000947
RANCHO REPROGRAPHICS
Pechanga Pkwy:Blueprint reproduction
536.14
536.14
90255
02/26/2004
004584
REGENCY LIGHTING
City Hall Electrical Supplies
299.11
Credit:Items Retumed:City Hall
-18.06
281.05
90256
02/26/2004
003591
RENES COMMERCIAL MANAGE
Weed abatement, trash pick-up
3,000.00
3,000.00
PageE
apChkLst Final Check List Page: 9
02/26/2004 4:51:17PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check#
Date
Vendor
Description
Amount Paid
Check Total
90257
02/26/2004
002412
RICHARDS WATSON &
Dec 2003 Legal Services
127,844.02
127,844.02
90258
02/26/2004
000411
RIVERSIDE CO FLOOD
NPDES Fac. Inspection Tm:3/2/04
35.00
35.00
90259
02/26/2004
000406
RIVERSIDE CO SHERIFFS DEP
12/11-01/07/04:Law Enforcement
730,299.20
11/13-12/10/03:Law Enforcement
726,455.02
1,456,754.22
90260
02/26/2004
000406
RIVERSIDE CO SHERIFFS DEP
Dec 2003 Booking Fees
10,156.80
10,156.80
90261
02/26/2004
006555
S B C PACIFIC BELL
Router for computer room
352.80
352.80
90262
02/26/2004
001942
S C SIGNS
New Planning Public Notices Signs
1,400.00
Jul -Aug Planning Public Ntcs Signs
910.00
Sep -Oct Planning Public Ntcs Signs
785.00
3,095.00
90263
02/26/2004
005227
SAN DIE:GO COUNTY OF
Support Payment
132.00
132.00
90264
02/26/2004
006815
SAN DIE:GO, COUNTY OF
Support Payment
12.50
12.50
90265
02/26/2004
004562
SCHIRMER ENGINEERING CDR
Fire Prevention -Plan Check
3,400.00
3,400.00
90266
02/26/2004
004609
SHREDFORCE INC
February Shredding svcs
110.00
110.00
90267
02/26/2004
000645
SMART & FINAL INC
TCSD Special Events Supplies
153.21
High Hopes Prgm Supplies
62.23
215.44
90268
02/26/2004
003477
SMITH, 13ARBARA
Relmb:TCSD Camera
456.52
456.52
90269
02/26/2004
000537
SO CALIF EDISON
Feb 2-00-987-0775 Vail Ranch
2,608.78
Feb 2-19-999-9442 Various Mtrs
1,974.15
Feb 2-25-393-4681 T.E.S. Pool
435.97
Feb 2-23-365-5992 Fire Stn 92
373.60
Feb 2-22-891-0550 Various Mtrs
238.28
Feb 2-24-817-8717 Old Kent Prk
212.65
Feb 2-24-628-8963 Btdld Stage
27.10
Feb 2-24-151-6582 Overland Trl
12.57
5,8113.10
90270
02/26/2004
001212
SO CALIF GAS COMPANY
Feb 021-725-0775-4 Sr Ctr
373.32
Feb 095-167-7907-2 Fire Stn 84
275.48
Feb 196-025-0344-3 C. Museum
154.56
Feb 181-383-8881-6 Museum
155.65
Feb 091-085-1632-0 T.E.S. Pool
15.78
1,004.79
Page9
apChkLst Final Check List Page: 10
02/26/2004 4:51:17PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90271
02/26/2004
000519 SOUTH COUNTY PEST
Code Enforcement Pest Control Svcs
136.00
CRC Pest Control Svcs
90.00
Code Enforcement Pest Control Svcs
84.00
Fire Stn 84 & 92 Pest Control Svcs
42.00
T.Museum Pest Control Svcs
42.00
TCC Pest Control Svcs
36.00
Wedding Chapel Pest Control Svcs
32.00
462.00
90272
02/26/2004
004496 SPARKS EXHIBITS &
Prgs Pmt:Childrens Museum
86,484.76
86,484.76
90273
02/26/2004
005786 SPRINT
Feb Acct Level Chrgs
33.87
33.87
90274
02/26/2004
004247 STERICYCLE INC
Feb Medical Waste Collection Svcs
77.84
77.84
90275
02/26/2004
000305 TARGET STORE
Recreation Supplies:Family Fun Night
214.99
Recreation Supplies:TCC
201.45
Special Events Supplies
92.16
Recreation Supplies:High Hopes
85.42
Special Events Supplies
34.10
628.12
90276
02/26/2004
005985 TECHNOLOGY INTEGRATION G
Printer Supplies and Cartridges
48.29
48.29
90277
02/26/2004
005412 TEMECULA GARDEN & POWER
PW Maint:sm equip repairs
273.28
273.28
90278
02/26/2004
000307 TEMECULA TROPHY COMPAN
'03 Summer/Fall Softball Awards
597.96
Electric Lights winners
101.72
Turkey Trot Plaques
64.65
Farther/Daughter Date Night Winner
22.09
786.42
90279
02/26/2004
000668 TIMMY D PRODUCTIONS INC
Middle School Dance DJ 2/06/04
350.00
350.00
90280
02/26/2004
006192 TRISTAFF GROUP
Temp Help We 02/08 Bradley
520.00
520.00
90281
02/26/2004
000459 TUMBLE_ JUNGLE FITNESS GY
TCSD Instructor Earnings
316.80
TCSD Instructor Earnings
246.40
TCSD Instructor Earnings
158.40
TCSD Instructor Earnings
158.40
TCSD Instructor Earnings
158.40
TCSD Instructor Earnings
158.40
TCSD Instructor Earnings
123.20
TCSD Instructor Earnings
105.60
1,425.60
90282
02/26/2004
007118 US TEL PACIFIC CORPORATIO
Feb -Mar Internet IP Addresses Block
568.04
568.04
Page:10
apChkLst
Final Check List
Page: 11
02/26/2004
4:51:17PM
CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check If
Date
Vendor
Description
Amount Paid
Check Total
90283
02/26/2004
004846 UNITED GREEN MARK INC
Slopes Irrigation Supplies
97.71
Slopes Irrigation Supplies
46.51
144.22
90284
02/26/2004
000325 UNITED WAY
United Way Charities Payment
220.00
220.00
90285
02/26/2004
005805 URISA
2004 Membership Dues:K.Beal
150.00
150.00
90286
02/26/2004
004261 VERIZON CALIFORNIA
Feb xxx-5072 general usage
4,403.79
Feb )=-0074 general usage
259.98
Feb xxx-1473 general usage
104.63
Feb xxx-1603 general usage
90.12
Feb xxx-3564 general usage
56.57
Feb )=-8573 general usage
31.59
Feb )=-3923 general usage
27.58
4,974.26
90287
02/26/2004
004848 VERIZON SELECT SERVICES I
Feb long distance phone svcs
1,469.38
1,469.38
90288
02/26/2004
006612 WEATHERPROOFING TECH, I
Replace Broken Roof Tile @ Pala Pk
1,030.00
TCC Roof Prev. Maint. Svcs
600.00
T.Museum Roof Prev. Maint Svcs
370.00
Wed. Chpl Roof Prev. Maint. Svcs
150.00
2,150.00
90289
02/26/2004
003835 WESTCOASTSUPPLY
PW Maint:Supplies
323.67
323.67
90290
02/26/2004
000621 WESTERN RIVERSIDE COUNC
Jan'04 TUMF Fees
226,100.00
226,100.00
90291
02/26/2004
000621 WESTERN RIVERSIDE COUNC
Dec'03 TUMF Fees
59,850.00
59,850.00
90292
02/26/2004
007394 WESTMORELAND, VANESSA
Refund:Yoga-Prenatal Yoga
57.00
57.00
90293
02/26/2004
004829 W ILSON GROUP L-C, THE
Feb State lobbyist svcs for City issues
3,500.00
3,500.00
90294
02/26/2004
003434 Z E P MANUFACTURING
PW Maint:supplies
154.50
154.50
90295
02/26/2004
003776 ZOLL M EDICAL CORPORATION
Paramedic Supplies
902.97
902.97
Grand Total All Checks: 2,858,911.80
Page:11
apChkLst Final Check List Page: 12
02/26/2004 4:51:17PM CITY OF TEMECULA
161 checks in this report
Grand Total All Checks: 2,858,911.80
Page:12
apChkLst
03/04/2004
3:40:14PM
Final Check List
CITYOFTEMECULA
Page: 1
Bank:
union UNION BANK OF CALIFORNIA
Check #
Date
Vendor
Description
Amount Paid
Check Total
279
02/27/2004
003228
U S BANK TRUST NATIONAL AS
Harveston/Crowne Hill Taxes Levied
1,086,302.25
1,086,302.25
280
02/27/2004
003228
U S BANK TRUST NATIONAL AS
CFD 88-12 Debt Svc Pmt
397,318.75
397,318.75
90296
03/04/2004
001985
A E P (ASSOC OF ENVIRO
'04 AEP Cf:4/15-18:Hogan,D.
275.00
275.00
90297
03/04/2004
007426
ALLEN, CHARLTON
Refund: Security Deposit/Rental
150.00
150.00
90298
03/04/2004
006098
AMERICAN ASSOCIATION OF C
Mb: Salazar, Marianne AACE101212
60.00
60.00
90299
03/04/2004
006463
AMERICAN LANDSCAPE
Feb Idscp impr: Sports Park
316.00
Feb Idscp impr: Sports Park
296.82
Feb Idscp impr: Slope
210.00
Feb Idscp impr: Slopes
182.00
1,004.82
90300
03/04/2004
000747
AMERICAN PLANNING ASSOCI
Mbshp: Commissioners:DM/JT/MO
240.00
240.00
90301
03/04/2004
000101
APPLE ONE, INC.
Temp help PPE 2/14 Delaml
624.00
Temp help PPE 2/14 Wills
572.00
Temp help PPE 2/14 Lee
520.00
1,716.00
90302
03/04/2004
007251
AUDIO DYNAMIX INC
Mini Quick PA system for MPSC
3,916.71
3,916.71
90303
03/04/2004
002648
AUTO CLUB OF SOUTHERN CA
Membership: John Zuna 98647260
44.00
Membership: Levis, Mark 80925362
44.00
88.00
90304
03/04/2004
007438
B I A OF SOUTHERN
Storm Wtr Comp.Tmg:3/25:Licitra
129.00
129.00
90305
03/04/2004
004855
BASER, GABRIELE
TCSD instructor earnings
504.00
TCSD instructor earnings
373.33
TCSD instructor earnings
358.40
TCSD instructor earnings
182.40
1,418.13
90306
03/04/2004
004778
BERRYMAN & HENIGAR INC
Jan prjt mgmt svcs:R.C.Rd Widening
1,525.80
1,525.80
90307
03/04/2004
007419
BOEHM. SUSAN
Refund:Kids Love Soccer
50.00
50.00
90308
03/04/2004
007423
BOEN, RACHEL
Refund: Security Deposit
100.00
100.00
90309
03/04/2004
006721
BOISE CASCADE OFFICE
Office Supplies: Planning
125.84
125.84
Page:1
apChkLst
Final Check List
Page: 2
03/04/2004
3:40:14PM
CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90310
03/04/2004
007408
BRENKUS, LINDA
Refund: Picnic Shelter rental
25.00
25.00
90311
03/04/2004
005790
BRENTON SAFETY INC.
Quick bar tool: Fire sm 84
117.77
117.77
90312
03/04/2004
005103
BUCKLEY, TIM
Reimb: Fire House Wodd:2/3-5
66.00
66.00
90313
03/04/2004
007412
CAFFAREL, MARGARET
Refund: Sports -Intro to Track
75.00
75.00
90314
03/04/2004
000924
CALIF ASSOC OF PUBLIC
Membership: Mary Volimuth 846
90.00
90.00
90315
03/04/2004
005116
CALIF DEPT OF STATE
02103 Ann'I Str Rept Preparation
1,169.84
1,169.84
90316
03/04/2004
000398
CALIF MUNI TREASURERS ASS
Investment Wkshp:3/10:Grance
30.00
30.00
90317
03/04/2004
000518
CARE ANIMAL HOSPITAL
Police K-9 "Kaos" Medical srvcs
208.32
208.32
90318
03/04/2004
002989
CLEAR IMAGE WINDOW CLEA
City hall glass canopy cleaning
45.00
45.00
90319
03/04/2004
006303
CONDUIT NETWORKS, INC
configure web for second line
2,750.00
2,750.00
90320
03/04/2004
007437
COOKIE ART
St. Patrick's Day winner gifts
90.00
90.00
90321
03/04/2004
006662
COPIES & MORE
5000 Tem. Citizen Corps flyers
323.25
323.25
90322
03/04/2004
001264
COSTCO WHOLESALE
5 shelving units for Sm 84
285.48
285.48
90323
03/04/2004
006954
CRAFTS MEN PLUMBING & HVA
Plumber svcs: 6th St. Restrooms
175.00
175.00
90324
03/04/2004
005324
CROSSROADS CHURCH
Overall Parade Winner Award
200.00
200.00
90325
03/04/2004
007424
CRUZ, E.FECEO
Refund: Security Deposit
100.00
100.00
90326
03/04/2004
004123
D L PHARES & ASSOCIATES
Mar Lease & Maint:Old Town Storefr
2,098.68
2,098.68
90327
03/04/2004
006150
DIALOG C COMMUNICATIONS
Emerg comm. notification mntc agrmn
2,254.00
2,254.00
Page2
apChkLst
Final Check List
Page: 3
03/04/2004
3:40:14PM
CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90328
03/04/2004
005965
DIVERSIFIED PROTECTION
Replace tape vault batteries: IS
140.00
140.00
90329
03/04/2004
002701
DIVERSIFIED RISK
Feb special events premiums
3,495.00
3,495.00
90330
03/04/2004
007392
DIXON, ELIZABETH
Refund: Hawaiian dance: Youth -Beg
16.86
16.86
90331
03/04/2004
001380
E S I EMPLOYMENT SERVICES
Temp help PPE 2/20 Cammarota
1,233.74
1,233.74
90332
03/04/2004
003223
EDAW 114C
Jan mitigation designs:R.C.Rd
2,628.16
Jan Biological svcs: Pala Bridge
262.50
Jan Biological svcs:Lg Canyon Basin
135.78
3,026.44
90333
03/04/2004
007415
EDWARJS, ALYCE
Refund: Picnic shelter rental
30.00
30.00
90334
03/04/2004
005052
EMCOR SERVICE
H.V.A.C. prev. mntc @ City Hall
1,986.00
1,986.00
90335
03/04/2004
005251
EQUIPMENT REPAIR SERVICE
Mobile equip repair svcs:PW mntc
811.55
Mobile equip repair svcs:PW mntc
381.30
1,192.85
90336
03/04/2004
006487
EUROPEAN CAFE & VINEYARD
Refreshments: Budget workshop
38.68
38.68
90337
03/04/2004
001056
EXCEL LANDSCAPE
Jan Idscp impr: R.C. & Meadows
129.11
129.11
90338
03/04/2004
004464
EXXONA4OBIL CARD SERVICES
Fuel expense for City vehicles
338.15
338.15
90339
03/04/2004
000478
FAST SIGNS
Fac Imp Prgm: Orbis Traders
1,679.63
1,679.63
90340
03/04/2004
007425
FAYAZFAR, ELLIE
Refund: Security Deposit
100.00
100.00
90341
03/04/2004
000165
FEDERAL EXPRESS INC
Express mail services
109.55
109.55
90342
03/04/2004
005289
FEHLER, DEAN
Reimb: Paramedic recertification fees
90.00
90.00
Page3
apChkLst Final Check List Page: 4
03/04/2004 3:40:14PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check#
Date
Vendor
Description
Amount Paid
Check Total
90343
03/04/2004
003347
FIRST BANKCARD CENTER
007287
UNITED AIRLINES
DU Airfare:APA Cf:4/24-28:Chiniaeff
890.70
000747
AMERICAN PLANNING ASSOCI
DU APA Conf:4/24-28:Chiniaeff
690.00
007358
APLNVCTC
DU HtI:APA Conf:4/24-28:DC/RG/DL
450.00
002652
PAT & CSCARS RESTAURANT
DU Refrshmnts: Old Twn Review Mtg
114.65
000747
AMERICAN PLANNING ASSOCI
DU Membership: Ron Guerriero
80.00
004492
SIZZLER RESTAURANT
DU Refrshmnts:Ping Comm. Mtg
58.66
007023
HUNGRY HUNTER
DU Refrshmnts:Ping Comm Mig
53.06
DU Bank chrg
35.00
2,372.07
90344
03/04/2004
001135
FIRST CARE INDUSTRIAL MED
New EE physicals & drug testing
70.00
70.00
90345
03/04/2004
007430
FOXEN, LINDA
Refund: Security deposit
100.00
100.00
90346
03/04/2004
000175
GOVER14MENT FINANCE OFFI
GAAFR review subscription:5/04-4/05
50.00
50.00
90347
03/04/2004
007406
HACIENDA POOLS
Refund: Plan ck fees:28500 Pujol
13.24
13.24
90348
03/04/2004
007421
HANCOCK, CHESTER
Refund: Security Deposit
100.00
100.00
90349
03/04/2004
007410
HEISERMAN, C. CRAIG
Refund:DIF recording fees
11.00
11.00
90350
03/04/2004
000871
HILTON
HtI:CPRS Conf:3/10-13:Willcox,J.
500.64
500.64
90351
03/04/2004
000871
HILTON
HtI:CPRS Conf:3110-13:McCarthy, C.
500.64
500.64
90352
03/04/2004
000871
HILTON
HtI:CPRS Conf:3/10-13:Zigler, G.
500.64
500.64
90353
03/04/2004
000871
HILTON
Htl:CPRS Conf:3/10-13:Olsen,K.
500.64
500.64
90354
03/04/2004
000871
HILTON
Htl:CPRS Conf:3110-13:Pelletier,J.
500.64
500.64
90355
03/04/2004
000871
HILTON
HtI:CPRS Conf:3/10-13:Ruse,Phyllis
500.64
500.64
90356
03/04/2004
000871
HILTON
HtI:CPRS Conf:3/10-13:Parker. H.
500.64
500.64
PageA
apChkLst
03/04/2004
3:40:14PM
Final Check List
CITY OF TEMECULA
Page: 5
Bank:
union UNION BANK
OF CALIIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90357
03/04/2004
000871
HILTON
HTCPRS Conf:3/10-13:Martinez,A.
500.64
500.64
90358
03/04/2004
000871
HILTON
HtI:CPRS Conf:3/10-13:Camberos,Di
500.64
500.64
90359
03/04/2004
000871
HILTON
HILCPRS Conf:3/10-12:Nelson,S.
333.76
333.76
90360
03/04/2004
007414
HOHMAN, AMBER
Refund: Dance:Tot Pre -dance
85.00
85.00
90361
03/04/2004
002140
JAGUAR COMPUTER SYSTEMS
Final Otly Billing for recurring chrgs
100.00
100.00
90362
03/04/2004
007411
KINCAID, AMY
Refund: Yoga -Prenatal Yoga
38.00
38.00
90363
03/04/2004
003631
KLEINFELDER INC
Dec designs:R.C.Rd Widening
1,384.00
1,384.00
90364
03/04/2004
007436
LARICCIA, CYNTHIA
Reimb: Refreshments: 311 CAC mtg
111.41
111.41
90365
03/04/2004
004412
LEANDE R, KERRY D.
TCSD instructor earnings
444.00
TCSD instructor earnings
308.00
TCSD instructor earnings
292.00
1,044.00
90366
03/04/2004
004905
LIEBER"f, CASSIDY & W HITMOR
Jan HR legal svcs for TE06040001
96.00
96.00
90367
03/04/2004
003726
LIFE ASSIST INC
Paramedic squad supplies: Fire
241.31
241.31
90368
03/04/2004
004230
LINCOLIJ EQUIPMENT INC
Stainless Steel Hand Crank: Aquatics
147.23
147.23
90369
03/04/2004
004807
LINE X OF TEMECULA
bedliner for new fire prev. truck
415.00
415.00
90370
03/04/2004
007422
LOGAN, DONALD
Refund: Security Deposit
100.00
100.00
90371
03/04/2004
006897
LORY, S USAN, J.
TCSD instructor earnings
392.00
TCSD instructor earnings
308.00
700.00
90372
03/04/2004
003782
MAIN STREET SIGNS
Street Signs for PW Maint Div
129.30
129.30
90373
03/04/2004
004068
MANALILI, AILEEN
TCSD Instructor Earnings
1,050.00
1,050.00
90374
03/04/2004
001967
MANPOWER TEMPORARY SER
Temp Help w/e 2/22 Dankworth
526.72
526.72
Pages
apChkLst
03/04/2004
3:40:14PM
Final Check List
CITY OF TEMECULA
Page: 6
Bank:
union UNION BANK
OF CALIFORNIA (Continued)
Check#
Date
Vendor
Description
Amount Paid
Check Total
90375
03/04/2004
002693
MATROS, ANDREA
TCSD Instructor Earnings
280.00
280.00
90376
03/04/2004
003800
MCLAU13HLIN ENGINEERING
Prgs Pmt #5:J.W. St/Storm Drain Impr
87,601.37
Credit:C/O# 3 not approved
-24,601.37
63,000.00
90377
03/04/2004
007435
MERRY MERMAID MERCANTIL
Refund:Secudty Deposit
100.00
100.00
90378
03/04/2004
007431
MEZA, NENA
Refund:Digital Cameras 2 - Intern
30.00
30.00
90379
03/04/2004
007210
MIDORI GARDENS
Ldscp maint:Veterans/Sam Hicks Par
365.00
365.00
90380
03/04/2004
001384
MINUTEMAN PRESS
5,000 Window Envelopes:H.R.Dept
341.41
Letterhead Stationery for RDA
113.46
Business cards: B. Rush
42.83
Business Cards:Tem. Citizen Corps V
42.83
540.53
90381
03/04/2004
006415
MISS1014 POOLS, INC.
Refund:Overpmt Bldg. Permit
298.71
298.71
90382
03/04/2004
004534
MOBILE SATELLITE VENTURES
Mar EOC Satellite Phone Svcs
71.93
71.93
90383
03/04/2004
004128
MORAMARCO, ANTHONY J.
TCSD Instructor Earnings
324.00
324.00
90384
03/04/2004
000230
MUNIFINANCIAL
Sep -Dec Reimb Exp:Dist. Admin
262.40
Credit:Reimb Amt Exceeds Contract
-150.08
112.32
90385
03/04/2004
007428
MURRIEfA KNIGHTS OF
Refund:Sec.Deposit:2/14/04
100.00
100.00
90386
03/04/2004
001986
MUZAK INC
Mar music/video svcs: City Hall
120.86
Mar Music Broadcast:Old Town
64.86
185.72
90387
03/04/2004
002925
NAPA AUTO PARTS
Medic Squad Vehicle Parts/Supplies
28.41
28.41
90388
03/04/2004
007439
NATIONAL WHITE COLLAR CRI
NW3C Summit:H.Brown:6/8-9/04
100.00
100.00
90389
03/04/2004
005608
NEUMAN, JASON
Safety Officer:2/9-11/04:J.Neuman
55.54
55.54
90390
03/04/2004
002037
NEXUS NTEGRATION SERVICE
AC Adapter: I.S. Dept
23.70
23.70
90391
03/04/2004
007409
OLD TONN DINING LLC
Refund:Overcharge plan check fees
490.00
490.00
PageB
apChkLst
Final Check List
Page: 7
03/04/2004
3:40:14PM
CITY OF TEMECULA
Bank:
union UNION BANK OF CALI FORNIA (Continued)
Check#
Date
Vendor
Description
Amount Paid
Check Total
90392
03/04/2004
002105
OLD TOWN TIRE & SERVICE
City Vehicle Maint/Repair Svcs
321.03
City Vehicle Maint/Repair Svcs
112.39
433.42
90393
03/04/2004
001171
ORIENTAL TRADING COMPANY
Special Event Supplies
248.86
248.86
90394
03/04/2004
003218
PELA
Jan TCSD Plan Check Svcs
5,240.00
Credit:Amt Exceeds Purchase Order
-1,030.00
4,210.00
90395
03/04/2004
000249
PETTY CASH
Petty Cash Reimbursement
348.31
348.31
90396
03/04/2004
006763
PINE, JEANNINE
Refund:Sec.Deposit:2128104
100.00
100.00
90397
03/04/2004
001999
PITNEY BOWES
4/01-6/30/04 Postage Meter Rental
309.52
309.52
90398
03/04/2004
004515
PLASTIC LUMBER COMPANY I
Neighborhood Street Name Signs
9,506.40
9,506.40
90399
03/04/2004
000254
PRESS ENTERPRISE COMPAN
Renew Subscrp:C.Mgr:9298672
154.44
154.44
90400
03/04/2004
003697
PROJECT DESIGN CONSULTAN
1/5-2/8/04 Dsgn Svcs:J.W. Rd. Impry
462.00
462.00
90401
03/04/2004
007413
OUILAN, DORA
Refund:Cartooning-Sea Creatures
30.00
30.00
90402
03/04/2004
000981
R H F INC
Radar Equip Repair/Maint Sves:P.D.
215.90
P.D. Radar Equip Repair/Maint Svcs
176.65
P.D. Radar Equip Repair/Maint Svcs
129.03
521.58
90403
03/04/2004
006664
R R M DESIGN GROUP
Consult Svcs:Citywide Dsgn Guideline
4,761.53
4,761.53
90404
03/04/2004
000262
RANCHO CALIF WATER DIST
Feb 01-99-02003-0 Floating Mtr
267.04
Feb 02-79-10100-1 NW Sprts Cmplx
75.53
342.57
90405
03/04/2004
000947
RANCHO REPROGRAPHICS
Dup. Blueprints:79S Sidewalk/Ldscp
184.64
184.64
90406
03/04/2004
004584
REGENCY LIGHTING
CRC Electrical Supplies
286.40
286.40
90407
03/04/2004
003591
RENES COMMERCIAL MANAGE
Remove brush/debds/trees:P. Pkwy
22,500.00
22,500.00
Page:?
apChkLst Final Check List Page: 8
03/04/2004 3:40:14PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check# Date Vendor
90408 03/04/2004 000266 RIGHTWAY
90409 03/04/2004 007407 RIGHTWAY PERMITS & APPLI
Description Amount Paid Check Total
Equipment Rental - Paseo Park
60.78
Equipment Rental - Riverton Park
59.79
Equipment Rental - Veteran's Park
59.79
Equipment Rental - Long Cyn Crk Prk
59.79
Credit: Paseo Park
-45.58
Credit:Lng Cyn Crk Prk Repairs
-68.83 125.74
Refund:Electric fees
36.00 36.00
90410 03/04/2004 005756 RIVERSIDE CO TREASURER Property Tax Pmt:Bus.Prk Dr. Propert
90411 03/04/2004 000873 ROBER"ES, RONALD H. Reimb:Federal Lobbying:2/10-12/04
90412 03/04/2004 004598 S T K A13CHITECTURE INC Jan design svcs: Roripaugh Fire Stn
90413 03/04/2004 001500 SAN DIE:GO REGIONAL TRAIN Supervisor's Acad:B.G.B.Y.:Jan-Feb
Writing for Results:M.A.:01/7-8/04
90414 03/04/2004 000793 SCANTRON FPC CORPORATIO Inspection Request Forms:B&S Dept
90415 03/04/2004 004609 SHREDFORCE INC
90416 03/04/2004 000645 SMART & FINAL INC
90417 03/04/2004 000537 SO CALIF EDISON
Document Shred Srvc:P.D.O.T. Stn
Supplies for Mtgs:Fire Prev.
Volunteer Recogn. Supplies
Supplies for Meetings:Finance
Teen Prgm Supplies
Supplies for Meetings:Finance
Feb 2-00-397-5042 City Hall
Feb 2-02-351-4946 Sr Ctr
Feb 2-18-937-3152 T. Museum
Feb 2-11-007-0455 6lh Street
Feb 2-22-575-0876 Old Town
Feb 2-20-817-9929 P.D. O.T. Sin
Feb 2-18-049-6416 Front St Ped
Feb 2-21-911-7892 O.T. S.Side Prk L
Feb 2-21-981-4720 Hwy 79
Feb 2-19-171-8568 Wedding Chpl
Feb 2-24-572-8969 Old Town
Feb 2-24-634-0426 Old Town
Feb 2-22-057-2226 6th Street
Feb 2-22-496-3439 Winchester Rd
Feb 2-18-528-9980 Santiago Rd
114,562.25
21.00
2,387.70
1,150.00
245.00
924.22
24.00
191.33
127.70
46.16
33.88
16.46
5,883.87
736.95
450.96
310.25
280.31
188.22
147.31
146.38
64.19
60.61
52.51
51.02
48.79
46.04
42.29
114,562.25
21.00
2,387.70
1,395.00
924.22
24.00
415.53
8,509.70
Pages
apChkLst
03/04/2004
3:40:14PM
Final Check List
CITY OF TEMECULA
Page: 9
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check H
Date
Vendor
Description
Amount Paid
Check Total
90418
03/04/2004
000282 SO CALIF MUNICIPAL ATHLETI
Softball Summit:J.Willcox:2/11/04
25.00
25.00
90419
03/04/2004
000519 SOUTH COUNTY PEST
Pest Control Svcs:City Hall
56.00
Pest Control Svcs:West Wing
40.00
Pest Control Svcs:Sr Ctr
29.00
Pest Control Svcs:P.D.Caboose
29.00
154.00
90420
03/04/2004
007416 SPIKER, VICKI
Refund: Picnic Shelter:2/21/04
30.00
30.00
90421
03/04/2004
005786 SPRINT
01/15-02/14/04 Cell Phone Svcs
5,722.74
New Phones/Equip:Var. Depts
1,236.93
Credit Taken Last Month:)=-9469
430.99
7,389.66
90422
03/04/2004
000293 STADIUM PIZZA
Refreshments:Council Mtg:2/28/04
31.68
31.68
90423
03/04/2004
007434 STONE, BERNADETTE
Refund:Security Deposit
100.00
100.00
90424
03/04/2004
007417 STRACK, MARIA
Refund:TemMusicAcad-PopKeyboard
85.00
85.00
90425
03/04/2004
001546 STRAIGHT LINE GLASS INC
Remove & repair windows: CRC
628.68
628.68
90426
03/04/2004
003840 STRONGS PAINTING
Painting Svcs:Vadous Park Sites
3,900.00
3,900.00
90427
03/04/2004
007427 SYROKA, JOHN
Refund:Security Deposit
100.00
100.00
90428
03/04/2004
003599 T Y LIN INTERNATIONAL
Jan constr. Support: R.C. Bridge
288.32
288.32
90429
03/04/2004
005985 TECHNOLOGY INTEGRATION G
Printer Supplies and Cartridges
479.49
479.49
90430
03/04/2004
006914 TEMECULA COPIERS INC.
Canon copier & Fax supplies
262.91
262.91
90431
03/04/2004
007418 TEMECULA TRAFFIC SCHOOL
Refund:Security Depst/Room Rental
235.00
235.00
90432
03/04/2004
000307 TEMECULA TROPHY COMPAN
Nametags for City Council
175.74
Nameplates: J.Simpson
32.33
208.07
90433
03/04/2004
007429 TEMECULA VALLEY PIN CLUB
Refund:Sec.Deposit:2/10/04
100.00
100.00
90434
03/04/2004
007420 TEMECULA VALLEY ROSE SOC
Refund:Security Deposit
100.00
100.00
Page!)
apChkLst Final Check List Page: 10
03104/2004 3:40:14PM CITY OF TEMECULA
Bank: union UNION BANK OFCALIFORMA (Continued)
Check # Date Vendor Description Amount Paid Check Total
90435 03/04/2004 004274 TEMECULA VALLEY SECURITY Winchester Crk Pk Locksmith Svcs 358.46 368.46
90436
03/04/2004
003140 TEMECULA VALLEY TAEKWON
TCSD Instructor Earnings
80.00
80.00
90437
03/04/2004
004030
TEMECULA VOLUNTEER FIRE
Volunteer Fire Co. Reimbursement
2,748.15
2,748.15
90438
03/04/2004
007432
TIM KERR CONSTRUCTION
Refund:Grading Dpst:31150 Santiago
500.00
500.00
90439
03/04/2004
003031
TRAFFIC CONTROL SERVICE I
Traffic Control Supplies for PW
110.44
110.44
90440
03/04/2004
006192
TRISTAFF GROUP
Temp Help w/o 2115 Bradley
520.00
Temp Help w/e 2/22 Bradley
416.00
936.00
90441
03/04/2004
004895
TUMBLES, J.W.
TCSD Instructor Earnings
264.00
TCSD Instructor Earnings
153.60
TCSD Instructor Earnings
153.60
TCSD Instructor Earnings
153.60
TCSD Instructor Earnings
70.40
TCSD Instructor Earnings
61.60
856.80
90442
03/04/2004
002065
UNISOURCE
Paper Supplies for Copy Center
2,123.43
2,123.43
90443
03/04/2004
004261
VERIZCN CALIFORNIA
Reverse 911 Database
2,016.43
Feb xxx-1408 P.D. O.T. Stn
277.17
Feb xxx-2626 P.D. Storefront Stn
213.68
Feb xxx-9897 General Usage
90.12
Feb xxx-3526 Fire Alarm
84.86
Feb lax-2676 General Usage
29.27
2,711.53
90444
03/04/2004
004789
VERIZCN INTERNET SOLUTION
Internet Svcs:xx7411
139.90
139.90
90445
03/04/2004
007208
VINCES SPAGHETTI EXPRESS
High Hopes Valentines Dance:2/20
346.50
346.50
90446
03/04/2004
001342
WAXIE SANITARY SUPPLY INC
CRC Maintenance Supplies
315.09
315.09
90447
03/04/2004
003730
WEST C OAST ARBORISTS INC
Slope Tree Trimming Svcs
18,940.00
Slope Tree Trimming Svcs
9,680.00
Slope Tree Trimming Svcs
5,890.00
Citywide Tree Trimming Svcs
4,959.00
Var Parks Tree Trimming Svcs
1,980.00
41,449.00
90448
03/04/2004
003835
WEST COAST SUPPLY
Supplies for PW Malm Div
352.12
352.12
Page:10
apChkLst Final Check List Page: 11
03/04/2004 3:40:14PM CITYOFTEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check if Date Vendor Description Amount Paid Check Total
90449 03/04/2004 005995 WESTWAYS & JOURNEY PUBL Mar -Apr Ad in Westways Magazine 4,120.00 4,120.00
90450 03/04/2004 000348 ZIGLER, GAIL EE Computer Loan Prgm 1,446.00 1,446.00
Sub total for UNION BANK OF CALIFORNIA: 1,843,471.35
Page:11
ITEM 4
APPROVAL
CITY ATTORNEY.
DIRECTOR OF F
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Genie Roberts, Director of Finance
DATE: March 16, 2004
SUBJECT: City Treasurer's Report as of January 30, 2004
PREPARED BY: Karin Grance, Revenue Manager '3 b
Shannon Domenigoni, Accountant(&
RECOMMENDATION: That the City Council receive and file the City Treasurer's Reportas of
January 30, 2004.
DISCUSSION: Government Code Sections 53646 and 41004 require reports to the
City Council regarding the City's investment portfolio, receipts, and disbursements respectively.
Attached is the City Treasurer's Report that provides this information.
The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635
as of January 30, 2004.
FISCAL IMPACT: None
Attachments: City Treasurer's Report as of January 30, 2004
Cash Activity for the Month of January:
Cash and hrves[ments as of January 1, 20(4
Cash Receipts
Cash Disbursements
Cash and Investments as of January 30, 2004
Cash and Investments portfolio:
Type of Investment
Petty Cash
General Checking
Flex Benefit Demand Deposits
Local Agency Investment Fund
Federal Ageacy-Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Checking Account - Parking Citations
Certificate of Deposit - Retention Escrow
Delinquency Maintenance Account - CFD 88-12
(Investment Agreement)
Delinquency Maintenance Account - CFI) 88-12
(Money Market Account)
Reserve Fund - CFD 88-12
(Investment Agreement)
Reserve Account - CFD 88-12
(Money Market Account)
Special Tax Fund - CFD 01-2
(Money Market Account)
Admin Expense Fund - CFD 01-2
(Money Market Account)
Variable Bond Fund - CFD 01-2
(Money Market Account)
Interest Differential Fund - CFD 01-2
(Money Markel Account)
Capital Improvement Fund - CFD 01-2
(Money Market Account)
Capital Interest Fund - CFD 03-1
(Money Market Account)
Reserve Fund - CFD 03-1
(Money Markel Account)
City Improvement Fund - CFD 03-1
(Money Market Account)
Cal Trans Improvement Fund - CFD 03-:.
(Money Market Account)
Acquisition Account Fund - CFD 03-1
(Money Market Account)
Cost of Issuance Fund - CFD 03-1
(Money Market Account)
Capital interest Food - CFD 03-3
(Money Market Account)
Reserve Fund - CFD 03-3
(Money Market Account)
City Improvement Fund - CFD 03-3
(Money Market Account)
EMWD hnprovement Fund - CFD 03-3
(Money Market Account)
Acquisition Account Fund - CFD 03-3
(Money Market Account)
Cost of Issuance Fund - CFD 03-3
(Money Market Account)
City of Temecula
City Treasurer's Report
As of January 30, 2004
$ 96,759,380
38,760,171
(6,620,432)
$ 128,899,119
Maturity/
Purchase Termination
Markel Par/Book
Institution
Yield
Date Date
Value Balance
City Hall
r✓a
$ 1,500
Union Bank
n/a
952,089 (1)
Union Bank
n/a
15,345 (1)
State Treasurer-LAIF
1.528 %
67,045,713 (2)
Federal Home Loan Bank
2,250%
5222003 6/192006
998,440 1,000,000
Federal Home Loan Mortgage Co
2.000%
6/62003 6/302006
993,040 1,000,000
Federal Home Lean Bank
1.885%
6262003 1232006
996,250 1,000,000
Federal Home Loan Bank
2,250%
6262003 7242006
997,190 1,000,000
Federal Home Loan Bank
2.500%
7/162003 8/142006
2,000,620 2,000,000
Federal Home Loan Bank
3.430%
12/112003 6/152007
1,002,190 1,000,000
Federal Home Loan Bank
3.500%
12222003 6222007
2,006,260 1,997,500
Federal Home Loan Bank
3.375%
12292003 12292006
2,006,260 2,000,000
Federal Home Loan Mortgage Co
3,000%
12/30/2003 3292007
992,070 996,000
Union Bank
Iva
3,511
Community National Bank
u/a
214,315
CDC Funding Corp
5.430 %
9/12017
500,000
U.S. Bank (First Am Treasury)
0.440 %
498,342
CDC Funding Corp
5.430 %
9/12017
1,531,469
U.S. Bank (First Am Treasury)
0.440 %
41,879
U.S. Bank (First An Treasury)
0.440 %
441,445
U.S. Bank (First Am Treasury)
0.440 %
466,150
U.S. Bank (First Am Treasury)
0.440 %
2,747
U.S. Bank (First Am Treasury)
0.440 %
131,039
U.S. Bank (First Am Treasury)
0.440 %
3,532,160
U.S. Bank (First Am Treasury)
0."0 %
44,620
U.S. Bank (First Am. Treasury)
0.440 %
872,397
U.S. Bank (First Am Treasury)
0.440 %
1,504,973
U.S. Bank (First Pont Treasury)
0.440 %
1,001,779
U.S. Bank (First Ant Treasury)
0.440 %
2,292,694
U.S. Bank (First Am Treasury)
0.440 %
6
U.S. Bank (First Am Treasury)
0.440 %
1,079,848
U.S. Bank (First Am. Treasury)
0.440%
2,171,120
U.S. Bank (First Am Treasury)
0.440 %
8,625,000
U.S. Bank (First Am Treasury)
0.440 %
3,627,403
U.S. Bank (First Am Treasury)
0.440 %
9,911,518
U.S. Bank (First Am Treasury)
0.440 %
181,449
Page 1
Cash and Investments Portfolio:
Maturity/
Purchase Termination
Type of Investment
Institution
Yield Date Date
Redemption Fund - CFD 03-04
U.S. Bank (First Am Treasury)
0.440 %
(Money Market Account)
Reserve Fund - CFD 03-04
U.S. Bank (First Am Treasury)
0.440 %
(Money Market Account)
Improvement Fund - CFD 03-04
U.S. Bank (First Am Treasury)
0.440 %
(Money Market Account)
Cost of Issuance Fund - CFD 03-04
U.S. Bank (First Am Treasury)
0.440 %
(Money Market Account)
Interest Account -RDA TABS
U.S. Bank (First Am Treasury)
0.470%
(Money Market Account)
Reserve Account - RDA TABS
U.S. Bank (First Am- Treasury)
Iva
(Surety Bond)
Project Account - RDA TABS
U.S. Bank (First Am Treasury)
0.450 %
(Money Market Account)
Project Account -RDA TABS
State Treasurer-LAIF
1.528%
(Local Agency Investment Fund)
hutallmem Payment Fund - TCSD COPS
U.S. Bank (First Am Treasury)
0,440 %
(Money Market Account)
Delivery Cost Fund - TCSD COPS
U.S. Bank (First Am. Treasury)
n/a %
(Money Market Account)
Project Fund - TCSD COPS
U.S. Bank (First Am Treasury)
0.440 %
(Money Markel Account)
Project Fund - TCSD COPS
State Treasurer-LAIF
1.528 %
(Local Agency Investment Fund)
Markel Par/Book
Value Balance
56,401
99,627
1,041,344
3,545
11
1
36
6,218,605
66
2
9,494
(1)-This amount is net of outstanding checks.
(2} At January 30, 2004 total market valor; (including accrued interest) for the Local Agency Investment Fund (LAIF) was $54,224,832,816.
The City's proportianate share of that value is $67,085,370.
All investments are liquid and currently available.
The City of Temecula's portfolio is in compliance with the investment policy.
Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months.
2,785,976
$ 128,899,119
Page 2
CITY OF TEMECULA
Cash and Investments Report
Through January 2004
001
GENERAL FUND
100
GAS TAX FUND
101
STATE TRANSPORTATION FUND
120
DEVELOPMENT IMPACT FUND
140
COMMUNITY DEV BLOCK GRANT
150
AB 2766 FUND
160
AB 3229 COPS
165
RDA DEV- LOW/MOD SET ASIDE
170
MEASURE A FUND
190
COMMUNITY SERVICES DISTRICT
192
TCSD SERVICE LEVEL B
193
TCSD SERVICE LEVEL C
194
TCSD SERVICE LEVEL D
195
TCSD SERVICE LEVEL R
210
CAPITAL IMPROV PROJ FUND
261
CFD 88-12 ADMIN EXPENSE FUND
271
HA[2VESTON CFD 01-2 IMPROVEMENT FUND
274
JOHN WARNER AD-CIP
275
WOLF CREEK 2003-ADMIN EXPENSE
280
REDEVELOPMENT AGENCY - CIP PROJECT
300
INSURANCE FUND
320
INFORMATION SYSTEMS
330
SUPPORT SERVICES
340
FACILITIES
380
RDA TABS DEBT SERVICE-TEMECULA 02
390
TCSD COP DEBT SERVICE-TEMECULA 01
460
CFI) 88-12 DEBT SERVICE RESERVE FUND
470
CFI) 01-2 ADMIN/DEBT SERVICE FUND
471
CFI) 98-1 ADMIN EXPENSE FUND
473
CFD 03-1 CROWNE HILL RESERVE FUND
474
JOIN WARNER ASSESSMENT DISTRICT
475
WOLF CREEK CID 2003
Grand Total:
Fund Total
27,005,803.40
109,581.47
73,121.07
14,935,581.06
0.00
96,758.70
111,723.00
7,275,130.92
4,544,435.22
616,250.12
135,553.69
356,043.38
130,425.94
25,352.99
19,711,406.75
21,582.61
3,532,159.71
0.00
50,000.00
7,538,253.42
1,311,917.20
743,240.63
208,268.64
72,049.96
2,081,137.47
134,463.45
3,379,969.67
2,120,016.10
11,472.13
6,297,071.18
1,200,917.46
25,596,337.82
128,899,118.55
ITEM 5
APPROVA
CITY ATTORNEY -tP �,
FINANCE OF
CITY MANAGER
�_'���i��jj``//``�i''
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Genie Roberts, Director of Finance
Herman D. Parker, Director of Community Services
DATE: March 16, 2004
SUBJECT: Children's Museum
RECOMMENDATION: That the City Council approve an appropriation of $170,000 from
Capital Reserves to the Children's Museum.
BACKGROUND: The Children's Museum project continues to progress well with the
exterior of the building complete and interior wall systems complete. Sparks Exhibits and
Environments is currently in the process of installing cabinetry and the exhibits in the facility.
On January 13, 2004, the Board of Directors approved Amendment #5 in the amount of $99,998
to the agreement with Sparks Exhibits and Environments to provide for alarm systems and a public
address system required by the Fire Department. The need for an additional appropriation was
overlooked and should have occurred as part of the Sparks Exhibits and Environments Amendment
#5. This appropriation will also cover the cost of furnishings, fencing for safety precautions along
the Murrieta Creek, landscaping modifications and unforeseen information systems requests.
Currently flooring is also being installed in the museum and staff is developing a variety of different
programs to implement and provide to the museum patrons once the facility opens.
FISCAL IMPACT: This request will appropriate $170,000 from Capital Reserves to the
Children's Museum Project.
R:\Ballreich\031604 children approval.doc
ITEM 6
APPROVAL
CITY ATTORNEY !Wr
DIRECTOR OF FINANCE
CITY MANAGER ---- tjb2_
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Herman D. Parker, Director of Community Service
DATE: March 16, 2004 ����
SUBJECT: Children's Museum Cooperative Agreement /
PREPARED BY: Cathy McCarthy, Development Services Administrator ✓
RECOMMENDATION: That the City Council:
1. Approve the Cooperative Agreement between City of Temecula and Friends of the
Temecula Children's Museum for the support of the Temecula Children's Museum and
operation of the Children's Museum Gift Shop.
2. Approve the Children's Museum Logo and Images License Agreement.
BACKGROUND: The construction of the Imagination Workshop — The Temecula
Children's Museum and the installation of exhibits is nearing completion. It is anticipated that
the facility will be operational and open to the public in June of this year.
With the opening of the facility this summer, operation of the gift shop in the museum needs to
be addressed. The Friends of the Temecula Children's Museum (The Friends), a local non-
profit organization, has requested to operate and manage the gift shop. The Friends have
agreed to provide the City with a licensing fee for the first eighteen months of operation of 12%
of their net revenues. After the first eighteen months the Friends has agreed to provide the City
with 15% of their net revenues every year thereafter. These revenues will be paid on a
quarterly basis and provide the Community Services Department with revenues to offset
operation of the Children's Museum. The Friends have also agreed to work closely with staff
and provide financial assistance to support recreation programs at the facility and also to
purchase additional exhibits at the facility. Annually they will meet with the Children's Museum
staff and schedule assistance and joint activities as needed. The Friends will also solicit
sponsorships and donations and commit those funds to benefit the Children's Museum.
The attached document is the Cooperative Agreement between the City of Temecula and
Friends of the Temecula Children's Museum. The term of the agreement is for the period
ending June 30, 2007 with an option to extend the term for an additional three (3) years.
Inventory will need to be purchased to begin gift shop operations. The City will contribute
$20,000 towards the purchase of start-up inventory and merchandise for the gift shop. The
Friends will maintain a minimum gift shop inventory of $10,000. This will ensure the gift shop is
attractive and well stocked. Gift shop hours of operation will coincide with the hours of
operation for the museum.
R WcCerth=hilcrads Museum\Cooperative Agreement Agenda Report.Eoc
The gift shop will be equipped with cabinetry, shelving, display cases, fixtures, storage, cash
registers, point of sale software and computers. Should this agreement be terminated, all
fixtures, equipment and inventory will become the property of the City to continue gift shop
operations.
The attached License Agreement grants the Friends of the Temecula Children's Museum the
right to use the names, logos and images associated with the Imagination Workshop. The term
of this Agreement shall be the same as the Cooperative Agreement.
FISCAL IMPACT: The Friends of the Temecula Children's Museum will pay to the
City a percentage of their net revenues from the gift shop operations. Funds generated from
sponsorships and donations will be used to benefit the Children's Museum. Sufficient funds are
available in the current CIP budget to cover the $20,000 for the purchase of start up gift shop
inventory and the purchase of fixtures and equipment.
ATTACHMENTS: Cooperative Agreement
License Agreement
R WcCarth=hildren's Museum\Cooperative Agreement Agenda ReportAoc
COOPERATION AGREEMENT BETWEEN CITY OF TEMECULA AND
FRIENDS OF THE TEMECULA CHILDREN • S MUSEUM FOR THE
SUPPORT OF THE TEMECULA CHILDREN, S MUSEUM AND
OPERATION OF THE CHILDREN' S MUSEUM GIFT SHOP
THIS COOPERATION AGREEMENT is made and entered into by and
between the City of Temecula, a municipal corporation ("City") and the Friends of the Temecula
Children' s Museum, a California non-profit corporation ("Association") as of March 16, 2004.
In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties
agree as follows:
1. Recitals. This Agreement is made with respect to the following facts
and purposes which each of the parties acknowledge and agree are true and correct:
;1. The City is the owner of certain real property in the City of
Temecula located at 42081 Main Street, Temecula, which is know as the Temecula Children' s
Museum ("Children' s Museum"). The Children' s Museum is located in a structure, which has
been renovated to accommodate the Children' s Museum and includes educational exhibits and
interactive displays for children as well as a gift shop and includes plaza areas around the
building.
b. The Association warrants and represents to the City that it is a non-
profit corporation duly incorporated and authorized to do business in the State of California.
Association is dedicated to promoting the Temecula Children' s Museum and raising funds to
support the Children' s Museum, and its programs, services and exhibits.
C. The City and Association desire to enter into this Agreement to
provide the terms and conditions upon which Association will support the Temecula Children' s
Museum and to operate a gift shop within the Children' s Museum Building.
d. The area to be used for the Children' s Museum Gift Shop ("Gift
Shop") is designated and described on Exhibit A. and shall be known as the "Premises." The
area of the Children' s Museum Gift Shop shall be approximately one thousand (1000) square
feet. Exhibit A. is attached hereto and incorporated herein by this reference as though set forth in
full.
e. As used in this Agreement, 'Director" shall mean the Director of
Community Services of the City of Temecula.
757270.6 March 3, 2004
2. Grant of License.
a. City hereby grants to Association a license to use the Premises, on
the terms and conditions and for the uses hereinafter specified in this License Agreement.
b.. Except as specifically provided hereinafter to the contrary,
Association shall have the exclusive right and obligation to use the Premises to operate a gift
shop in the Children' s Museum Building. Association shall not use the Premises for any other
uses without the prior written consent of the Director.
3. Term. Association may utilize the Premises from the date the City issues
a certificate of occupancy for the Children' s Museum until June 30, 2007 unless sooner
terminated pursuant to this Agreement. City may extend the term for an additional three (3) year
term. Association shall not be entitled to begin use of the Premises until all insurance documents
required by Section 15 of this License Agreement have been duly completed and are on file with
the Director.
4. License Fee.
a. Association shall pay to the City a License fee of twelve percent
(12%) of the Net Revenues of the Gift Shop, as defined herein, from the commencement of the
License until June 30, 2005 ("License Fee"). Commencing July 1, 2005, Association shall pay
to the City a License fee of fifteen percent (15%) of the Net Revenues of the Gift Shop from that
date until June 30, 2007.
b. The license fee shall be paid within thirty (30) calendar days of the
end of each calendar quarter based upon the Net Revenues of the Gift Shop during the calendar
quarter. Calendar quarters shall end on March 30, June 30, September 30, and December 31 of
each year.
C. Association shall keep complete and accurate records, in
accordance with standard and customary retail business practices, of each transaction or receipt
of revenue at the Gift Shop by means of cash register receipts or numbered receipts so as to allow
accurate determination of the gross revenues, expenses and Net Revenue from which to calculate
the License Fee. Association shall keep and secure all records relating to the Gift Shop,
including but not limited to, cash register and revenue receipts, for three (3) years from end of the
757270.6 March 3, 2004
Association's fiscal year in which the record was prepared. The Association's revenue accounting
procedures and documentation requirements shall be approved in writing by the City s Director
of Finance prior to connnencement of possession of the Premises. Any changes in the
Association's revenue accounting procedures and documentation shall also be approved in
writing by the City's Director of Finance prior to implementation. The City shall conduct annual
financial and accounting; reviews of the Gift Shop operations, including audits, at its sole cost
and expense, to ensure proper accounting and compliance with the terms of this Agreement.
d. As used in this License, "Net Revenues" shall mean all income or
revenue of whatever kind and from any source received by the Association arising from the
Association's operation of the Gift Shop, including but not limited to revenue from the sale of
merchandise at the Gift Shop, less the operating expenses for the Gift Shop, including but not
limited to, employee salaries and benefits, employer taxes, taxes and assessments, insurance,
business supplies, equipment, accounting and bookkeeping expenses, fixtures, utilities, inventory
expenditures, and such other customary and reasonable expenditures necessary for the efficient
functioning of a retail gift store).
e. The President of the Association and the Director of Finance of the
City are authorized to enter into implementation agreements to establish accounting procedures
and further specific definitions for determining Net Revenues and other matters affecting this
License, provided the terms of such implementation agreements are not in conflict with the terms
of this License.
f. Association agrees that all other net revenue from the Gift Shop
not paid to the City shall be used by the Association for the design and construction of displays
or programs for the Children' s Museum. Association and Director shall work cooperatively in
the planning of such displays or programs. Director shall approve such displays and programs
prior to the expenditure of any such funds to implement the display or program, and President of
the Association and the Museum Manager will meet on or before December 3 1 " of each year to
determine where additional Gift Shop revenues may be used to support museum operations or
programs.
5. Use Permits. This Agreement is not in lieu of obtaining a Use Permit or
Outdoor Event Permit from the City for uses other than a Gift Shop. Association shall procure
all permits and licenses: required by the City of Temecula or other governmental entities to
conduct special events for fmdraising for the Children' s Museum. Except as provided in this
Agreement, Association shall comply with all governmental rules, regulations, statutes,
ordinances and conditions of approval of permits. Association agrees to pay all facility use fees
applicable to its Use Permit, pursuant to such ordinances and resolutions of the City Council
setting fees for use of City facilities. Association shall not be required to pay any City fees for
757270.6 March 3, 2004
regularly scheduled, twice per month corporate fund-raising events on the Property. The dates
and times of this recurring event shall be scheduled annually by the Museum Manager.
Association may obtain a temporary Alcoholic Beverage Control License for use of the Premises
or Property, subject to any conditions imposed in the ABC permit and any permits issued by the
City.
6. Saonsorshius/Donations
a. Association may solicit sponsorships for the Children's Museum.
The sponsor and terms of the sponsorship, including, without limitation, signage, shall be
approved in writing by the Director prior to the commencement of the sponsorship. The
Director's approval shall not be unreasonably withheld.
b.. The City may solicit donations for specific events or programs. In
the event the City receives unsolicited donations for the Children's Museum, the City shall hold
these funds in dedicated account for the benefit of the Children's Museum.
7. Fixtures. The Premises has been improved with: certain store fixtures, i.e.
cash registers, point -of -sale software, computers, which are listed on Exhibit B., attached hereto
and incorporated herein as though set forth in full. These fixtures are the property of the City.
Association may use these fixtures, and will be responsible for maintaining and repairing said
fixtures during the period it uses the Premises. New fixtures purchased with Association funds
shall become the property of the City upon termination of this License Agreement.
8. Use of Premises; Merchandise.
a. Association shall use the Premises only as a Gift Shop in the
Children' s Museum Building. Association shall not interfere with the use and enjoyment of the
portion of the Property outside the Premises.
b. Association shall be authorized to sell educational toys, gifts and
other merchandise that is appropriate for a Children's Museum Gift Shop. Association agrees
that all sales of merchandise for sale in the Gift Shop shall be of good quality and condition.
City retains the right to require Association to discontinue sale or use of those items the Director
reasonably determines the condition of the merchandise or services are not of good quality,
condition, or appropriateness, upon five (5) days written notice by the Director. For sales tax
purposes, the point of sale for all merchandise shall be the Property. Association shall maintain
at all times a minimum often thousand dollars ($10,000.00) in inventory for the Gift Shop. The
City shall provide twenty thousand dollars ($20,000.00) towards the purchase of start-up
inventory and merchandise for the Gift Shop. Upon termination of this Agreement, for any
reason, all inventory and. merchandise shall become the property of the City so as to enable the
757270.6 March 3, 2004
Gift Shop operations to continue.
9. Association Officers, Employees. Agents and Volunteers. Association
will use its best efforts to insure that its officers, employees, agents and volunteers conduct
themselves in a professional manner. Association shall insure that its officers, employees, agents
and volunteers shall at all times conform to all applicable statutes, ordinances and regulations
now applicable to the Property and the operation of the Gift Shop, including, without limitation,
the mandatory fingerprinting of all employees and volunteers, at Association's expense, pursuant
to state law. In the event of any conflict of between this Agreement and the City' s Park
Ordinance and regulations, the Park Ordinance and regulations shall control. Association shall
maintain a staff adequate to operate and administer all facilities located on the Premises in a safe
and orderly manner.
10. Third Partv Agreements. Association shall not, without the express,
prior written consent of the Director enter into agreements with third parties concerning, among
other things, advertising. and signage at the Premises, operation of concessions, and sale of food,
beverage, and concession items at the Premises.
11. Damage Provisions. Association shall pay for the repair and/or
replacement of any damaged structure, fixtures, equipment or facilities in areas occupied or used
by Association, which are damaged through any act of Association, its officers, employees,
agents, volunteers, subcontractors, and persons attending or participating in any Association
event.
12. Liens. Association shall not directly or indirectly, create or permit to be
created or to remain, and will promptly discharge, at its expense, any mortgage, lien,
encumbrance, charge, or pledge of the Premises or fixtures or furnishings, or any part thereof.
13. Improvements. Repairs and Maintenance. Association shall make no
substantial alteration or repair to the Premises without the prior written consent of the Director,
including but not limited to carpentry, electrical, sewer, paving and painting. Association shall, at
its sole cost and expense, repair and maintain in good order the interior of the Premises and the
fixtures provided by the City.
14. Return of the Premises. Upon the termination of this Agreement,
Association shall return the Premises in as good as condition and repair as the Premises now
exist, reasonable wear and tear excepted.
15. Indemnification. To the maximum extent permitted by law, City shall
not be liable for any loss, damages, or injury to person or property of any person occasioned by or
arising out of any act of Association or of anyone holding under Association, nor the occupancy
757270.6 March 3, 2004
or use of the Premises or any part thereof by or under Association, nor directly or indirectly from
any state or condition of said Premises or any part thereof during the tern of this Agreement.
Association shall defend, indemnify, protect and hold City and its officers, agents, volunteers,
and employees harmless, from any and all damages arising out of any act or omission of
Association, its officers, employees, agents subcontractors, volunteers and persons attending
Association events on the Premises, except as the same may arise from the City's sole negligence,
gross negligence, recklessness, or intentional misconduct (or that of City's agents or employees).
16. Liability Insurance. Association shall procure and maintain for the
duration of this Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the use of the Premises by Association, its
agents, representatives, employees or sublicensees.
a. Minimum Scone of Insurance. Coverage shall be at least as broad
as the following coverages and any updated insurance industry standard policies:
(1) Insurance Services Office Commercial General Liability
coverage provided on ISO-CGL Form No. CG 00 01 1185 or 88.
(2) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Association shall maintain limits
no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other
form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit. The general liability policy shall include non -owned automobile
liability insurance.
(2) Employer's Liability: $1,000,000 per accident for bodily injury
or disease.
C. Deductibles and Self -Insured Retentions. Any deductibles or self -
insured retentions must be declared to and approved by the City Manager. At the option of the
City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects the City, its officers, officials, employees and volunteers; or the
Association shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
757270.6 March 3, 2004
d. Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers
are to be covered as insureds as respects: liability arising out of activities performed by
or on behalf of the Association; products and completed operations of the Association;
premises owned, occupied or used by the Association; or automobiles owned, leased,
hired or borrowed by the Association. The coverage shall contain no special limitations
on the scope of protection afforded to the City, its officers, officials, employees or
volunteers.
(2) For any claims related to this project, the Association's
insurance coverage shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self -insured maintained by the City, its
officers, officials, employees or volunteers shall be excess of the Association's insurance
and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of
the policies including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Association's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, voided, cancelled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City.
f. Verification of Coverage. Association shall furnish the City with
original endorsements effecting coverage required by this clause. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements
are to be on forms provided by the City or ISO form CG 20 10 1185.. All endorsements are to
be received and approved by the City before use commences. As an alternative to the City's
forms, the Association's insurer may provide complete, certified copies of all required insurance
policies, including endorsements effecting the coverage required by these specifications.
757270.6 March 3, 2004
Association shall not be entitled to use the Premises until all required insurance documents are
on file with the Director.
g. Failure to Comply with Insurance Requirements. hi the event
the Association fails to submit the required documentation for insurance to the Director within
the times required by this Agreement or the Director receives notice or is made aware of the
termination of any required insurance policy, the Director may immediately suspend
Association's right to use the Premises and shall cause a notice of default to be issued to the
Association.
17. Assignment and Subletting. Association shall not assign its interest in
this Agreement or in the Premises to any person or entity without first obtaining the Director's
written consent. Any assignment or sublicense without the Director's prior written consent shall
be voidable and, at the Director's election, shall constitute a default.
18. Default and Right to Terminate.
a.. This Agreement may be terminated by either party, for any reason,
with or without cause, by providing two (2) months prior written notice of termination.
b. If Association should fail to perform, keep or observe any of the
terms, conditions or covenants as set forth in this Agreement, City shall give Association notice
to correct the failure within said thirty (30) days, and if such action is not cured by Association
within thirty (30) day period, Association shall be in default of this Agreement and Association's
rights hereunder shall at the option of the City, be terminated and forfeited. Such election to
terminate shall not be construed as a waiver of any claim the City may have against Association,
consistent with such termination. If, however, any failure is of such nature that it cannot be
physically remedied within thirty (30) days, except for the payment of money, and if Association
shall have commenced the elimination of such failure promptly after the receipt of such notice,
and shall continuously and diligently proceed in good faith to eliminate such default, then the
period for correction shall be extended for such length of time as is reasonably necessary to
complete such correction. The failure of Association to fund the necessary corrections shall not
justify an extension of the time to cure beyond the initial 30 day period.
C. Upon any termination of this Agreement, Association covenants
and agrees to surrender and to forfeit this Agreement, and deliver up the Premises peaceably to
the City immediately upon any such termination. If said Association shall remain in possession
of said Premises after any termination of this Agreement, Association shall be deemed guilty of
an unlawful detention o:Fthe Premises.
d.. Notwithstanding any other provision of this Agreement to the
757270.6 March 3, 2004
contrary, the City shall not be deemed to be in default until thirty (30) days after notice of default
is given by the Association to the City. If such default cannot be cured within such thirty day
period, the City shall not be deemed to be in default provided that, within such thirty (30) day
period, the City shall commence and thereafter diligently prosecute efforts to cure the default.
19. Legal Remedies. Each party shall have all remedies as may be
allowed by law or equity to enforce its rights in this Agreement. No legal action shall be filed by
one party against the other party until such time as the other party has received the notice of
default as provided in this Agreement. Any such action shall be filed in Riverside County,
California. The prevailing party in a court action shall be entitled to reasonable attorney's fees
and costs.
20. Lase Restrictions. Association agrees to maintain the Premises in a clean
and neat condition, free and clear of garbage and debris. No dumping, storage of hazardous or
toxic waste, nor the maintenance of any nuisance, public or private, shall be permitted. No
rights across any contiguous parcels are granted by this Agreement and Association agrees to
secure all such required access at its sole cost and expense.
21. Utilities. City shall pay for electric, telephone, gas, trash and water
service for the Premises.
22. Covenants for Non -Discrimination. The Association covenants by
and for itself and any successors in interest that there shall be no discrimination against or
segregation of any person or group of persons on account of race, color, creed, religion, sex,
marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the Premises, nor shall the Association itself or any person
claiming under or through it establish or permit any such practice or practices of discrimination
or segregation with reference to the selection, location, number, use or occupancy of tenants, les-
sees, subtenants, subles:>ees or vendees of the Premises.
23. Taxes; Assessments. Association shall pay when due all applicable
federal, state, or local taxes, fees, charges, or assessments arising from Associations use of the
Premises or operations upon the Premises, including, but not limited to, any possessory interest
tax which may be imposed upon Association's use of the Premises.
24. Notice. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service,
(ii) delivery by a reputable document delivery service, such as but not limited to, Federal
Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United
States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of
the party as set forth below or at any other address as that party may later designate by Notice:
757270.6 March 3, 2004
City: CITY OF TEMECULA
43200 Business Park Drive
Temecula, CA 92590
Attention: Herman Parker
Association:
Director of Community Services
Friends of the Temecula Children's Museum
P.O. Box _
Temecula, CA 92590
Attention: President
25. Entire Agreement. This Agreement, and the documents attached hereto
or mentioned herein, contain all of the agreements of the Parties hereto with respect to any matter
covered or mentioned in. this Agreement, and no prior agreement or understanding pertaining to
any such matter shall be effective for any purpose.
26. Amendments. No provision of this Agreement may be amended or added
to except by an agreement in writing, duly approved by the City Council and the Board of
Directors of the Association.
10
757270.6 March 3, 2004
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the date first written above.
CITY OF TEMECULA
Michael S. Naggar
Mayor
ATTEST:
Susan Jones, CMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
FRIENDS OF THE TEMECULA CHILDREN'S
MUSEUM, INC., a California Non -Profit
Corporation
By: _
Name:
Title:
11
757270.6 March 3, 2004
By: _
Name:
Title:
12
757270.6 March 3, 2004
EXHIBIT A
DESCRIPTION AND DEPICTION OF PREMISES
13
757270.6 March 3, 2004
EXHIBITS'
The following items contained in Exhibit B shall be provided for gift shop operations.
These items shall be maintained and repaired by the Association
Children's Museum
Q
a'- -4
Deschi' lion x X .
2
Cash Regis ;rs
1
Credit Card Verification
2
hand held inventory scanner
2
Inventory management application
- licensed software
1
Desktop PC - With XP Operating
System
1
HP Printer
1
Microsoft Office XP - Desktop Software License
1
Telephone
1
Desk
CHILDREN'S MUSEUM LOGO AND IMAGES LICENSE AGREEMENT
THIS LOGO LICENSE AGREEMENT is made and entered into as of
March 16, 2004, by and between the CITY OF TEMECULA ("City") and FRIENDS OF
THE TEMECULA CHILDREN'S MUSEUM, a California non-profit corporation
("Licensee"). In consideration of their mutual covenants and promises contained herein,
the parties agree as follows:
Grant of License.
1.1 On the terms and conditions stated in this Agreement, City hereby
grants to Licensee and Licensee hereby accepts from City the exclusive right, license and
privilege ("the License") during the Term to utilize the names "Imagination Workshop —
The Temecula Children's Museum," "Professor Phineas P. Pennypickle," "Pennypickle,"
and their logos and images ("Property"), the images and descriptions of which is attached
hereto as Exhibit A, and incorporated herein, upon and in connection with the
manufacture, sale and distribution of the articles of merchandise ("Goods") approved by
the City pursuant to Section 3 of this Agreement. Notwithstanding the license granted by
this Agreement, City shall retain the right to use the Property for any purposes, including
without limitation, the manufacture or sale of any goods or products during the Term of
this Agreement.
1.2 Licensee shall be entitled to retain any royalties or income received
from the merchandising or sub -licensing of the Property, provided that any such revenue
is devoted to the promotion of the Temecula Children's Museum (including, without
limitation, advertising, marketing or special promotional events for the Children's
Museum Area) or to the improvement of public facilities within the Children's Museum
Area as described in that certain Cooperation Agreement between the parties dated March
16, 2004 ("Cooperation Agreement").
2. Term. The "Term" of this Agreement shall be same term as the term of
the Cooperation Agreement and shall run concurrently with the Cooperation Agreement.
This Agreement shaifl terminate if the Cooperation Agreement terminates for any reason.
Similarly, if the term of the Cooperation Agreement is extended, the term of this
Agreement shall be extended for the same period.
3. QRgty Control.
3.1 Licensee shall not distribute or sell any Goods unless and until the
nature, quality and style of the Goods as well as any carton, container, packing or
wrapping material have been specifically approved in writing by the City Manager,
whose approval shall not be unreasonably withheld, nor shall Licensee use any tag, label
or similar item or any advertising, promotional or display material in connection with any
Goods or bearing the; Property, unless and until such items and materials have been
specifically approved in writing by City Manager, whose approval shall not be
unreasonably withheld. After samples have been approved pursuant to this section, no
changes shall be made without the prior written consent in writing of City Manager, in
764254.2 March 3, 2004
his sole and absolute discretion. The City Manager may delegate this authority further to
a City employee or committee.
3.2 Licensee acknowledges that the image of the Property requires that
any Goods must be in good taste and meet high standards of quality. Because judgments
of taste and quality may be subjective, Licensee agrees that the City Manager may grant
or withhold any approval or consent required under this Section in his reasonable
discretion.
3.3 Licensee shall cause all Goods to be manufactured, sold and
distributed in accordance with all applicable federal, state and local laws.
4. Labeling.
Licensee will cause to appear on each item of Goods and on or within all
advertising, promotional or display material bearing the Property the notice "Copyright
by City of Temecula - All Rights Reserved" and any other notice requested by City
Manager; and, where such item or advertising, promotional or display material bears a
trademark or service.mark, appropriate statutory notice of registration or application for
registration thereof. Should any items of Goods be marketed in a carton, container,
packaging or wrapping material bearing the Property, such notice shall also appear on the
carton, container, packaging or wrapping material. All tags, labels, imprints or other
devices containing any such notice and all advertising, promotional or display materials
bearing the Property shall be submitted to City Manager for his written approval prior to
use by Licensee. Approval by City Manager shall not constitute waiver of City's rights
or Licensee's duties under any provision of this Agreement. The City Manager may
delegate this authority further to a City employee or committee.
Cit 3 Title and Protection.
5.1 Goodwill. Licensee acknowledges the value of the goodwill
associated with the Property and acknowledges that the Property and all rights therein
belong exclusively to City, and that the Property has a secondary meaning in the mind of
the public. Licensee shall not during the Term or thereafter attack the title or any rights
of City in and to the Property or attack the validity of the License.
5.2 Protection of Pronerty. At the option of City, Licensee shall
(i) assist City in the procurement of any protection or defense of any of City's rights in
the Property, or (ii) on behalf of City cause to be filed all appropriate registration
applications to protect the Property and the Merchandising Rights. Licensee shall take all
actions necessary or appropriate to protect the Property and City's interests in the
Property.
5.3 Enforcement of BighLs. Licensee shall use its best efforts to detect
and abate any unauthorized use of the Property by other parties. Unless otherwise
directed by City, Licensee shall take all reasonable measures on behalf of itself and City
to abate such unauthorized use.
764254.1 February 17, 2004 -2-
5.4 Assignment of Rights by City. Nothing contained in this
Agreement shall be construed as an assignment or grant to Licensee of any right, title or
interest in or to the Property; all rights relating to the Property are reserved by City except
for the License to use the Merchandising Rights only as specifically and expressly
provided in this Agreement. Upon expiration or termination of the Term Licensee will be
deemed to have assigned, transferred and conveyed to City any trade rights, equities,
goodwill or other rights in and to the Property which may have been obtained by
Licensee in pursuance of any endeavors under this Agreement (without consideration
other than the mutual covenants and consideration of this Agreement); although such
assignment, transfer and conveyance shall be deemed effective without the need for any
action by Licensee, Licensee shall execute any instruments requested by City to evidence
or confirm such assignment, transfer and conveyance. Licensee agrees that use of the
Property by Licensee shall inure to the benefit of City and that Licensee shall not at any
time acquire any rights in the Property by virtue of any use Licensee may make of the
Property.
6. Indemnification of Citv.
Licensee shall defend, indemnify and hold harmless City, the City Council
and each member thereof, and City's officers, employees and agents (all collectively
referred to as "Indernitees") from and against any and all claims, demands, causes of
action, damages, losses, liabilities and expenses (including attorneys' fees and costs of
defense) incurred in connection with or resulting from the Goods or the use of the
Property by Licensee. If any action or proceeding is brought against Indemnitees by
reason of any such claim, Licensee upon notice from Indemnitees shall defend
Indemnitees at Licensee's expense, by counsel reasonably satisfactory to Indemnitees.
7. Default: Termination.
7.1 The occurrence of any one or more of the following events shall
constitute a default and breach of this Agreement by Licensee: (A) The failure by
Licensee to observe or perform any of the other covenants, conditions or provisions of
this Agreement to be: observed or performed by Licensee, where such failure shall
continue for a period of 30 days after written notice thereof by City to Licensee;
provided, however, that if the nature of the default is such that more than 30 days are
reasonably required for its cure, then Licensee shall not be deemed to be in default if
Licensee commences such cure within the 30-day period and thereafter diligently
prosecutes such cure: to completion; or (B) the making by Licensee of any general
assignment or general arrangement for the benefit of creditors; the filing by or against
Licensee of a petition to have Licensee adjudged a bankrupt, or a petition or
reorganization or arrangement under any law relating to bankruptcy (unless, in the case of
a petition filed against Licensee, the petition is dismissed within 60 days); or the
appointment of a trustee or a receiver to take possession of substantially all of Licensee's
assets or of Licensee's interest in this Agreement, where possession is not restored to
Licensee within 30 days; or the attachment, execution or other judicial seizure of
substantially all of Licensee's assets or of Licensee's interest in this Agreement, where
such seizure is not discharged within 30 days.
764254.1 February 17, 2004 -3-
7.2 In the event of any such default or breach by Licensee, or for any
reason whatsoever, City Manager may terminate this Agreement, in his sole and absolute
discretion, with or without notice or demand and without limiting City in the exercise of
any other right or remedy which City may have by reason of a default or breach.
8. No Citv Warranties.
City has made and makes no warranties or representations on which
Licensee has relied in entering into this Agreement. Without limiting the generality of
the foregoing sentence, City specifically has made and makes no warranties or
representations regarding the amount of expenses Licensee will incur in performing its
obligations under this Agreement, and the amounts of revenue that Licensee will derive
under this Agreement.
9. Notices.
Any notice, demand, request, consent, approval or communication that
either party desires or is required to give to the other party shall be in writing and shall be
deemed given as of the time of hand delivery to the addresses set forth below, or three
days after deposit into the United States mail, postage prepaid, by Registered or Certified
mail, Return Receipt Requested. Unless notice of a different address has been given in
accordance with this section, all such notices shall be addressed as follows:
764254.1 February 17, 20C4 -4-
If to City, to: City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Attn: City Manager
If to Licensee, to: Friends of the Temecula Children's Museum
10. Integrated Agreement; Modification.
This Agreement contains all agreements of the parties relating to the
Property, the Merchandising Rights and the License, and cannot be amended or modified
except by a written agreement.
11. Waiver.
No delay or omission in the exercise of any right or remedy of City on any
default by Licensee shall impair such right or remedy or be construed as a waiver. Any
waiver by City of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
12. Governing Law.
This .Agreement shall be construed and interpreted in accordance with the
laws of the State of California.
13. Severability.
The imenforceability, invalidity, or illegality of any provision of this
Agreement shall not render the other provisions unenforceable, invalid, or illegal.
14. Relationship of Parties.
City shall not become or be deemed a partner or a joint venturer with
Licensee by reason of the provisions of this Agreement, nor shall either party have any
authority to obligate or bind the other in any respect, it being intended that each party
shall remain an independent contractor responsible for its own actions.
15. Cautions.
The captions of this Agreement shall have no effect on its interpretation.
764254.1 February 17, 20C4 -5-
IN WITNESS WHEREOF, the parties have executed this Agreement as
of the date first wrib:en above.
CITY OF TEMECULA ("City")
Michael Naggar
Mayor
ATTEST:
Susan Jones, CMC
City Clerk
Approved as to Form:
Peter M. Thorson
City Attorney
LICENSEE
FRIENDS OF THE TEMECULA
CHILDREN'S MUSEUM, INC., a
California non-profit corporation.
By:
Name:
Title:
By:
Name:
Title:
764254.1 February 17, 2004 -6-
Exhibit A
TI
Q'
a�
g
MFCUTA CHVt9
ITEM 7
R7t;aiml
CITY ATTORNEY
DIR. OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Tim Thorson, Director of Information Systems
DATE: March 16, 2004
SUBJECT: Eden Software Support Agreement
Prepared by: Tim Thorson, Information Systems Director
RECOMMENDATION: That the City Council authorize the purchase of annual Financials and
Payroll Software Support from Eden Systems Inc., for the total amount of $25,415.25.
DISCUSSION: The City currently uses the Eden suite of application modules for fund and
encumbrance accounting to include payroll. These financial and Human Resources modules
provide the City with ultimate control of its financial processes. The Eden Financial/HR Application
suite is a Windows -based environment that interacts with Microsoft SQL databases and complies
with state and federal regulations. This product is a proprietary application and can only be obtained
from Eden Systems Inc.
FISCAL IMPACT: Adequate funds are available in the 2003-04 Fiscal Year Budget for the
Information Systems Internal Services fund.
ATTACHMENT: Software Support Agreement
EDE
.systems
E.de.n S�,ys•t.e.ms, Inc.orporat.ed
oftware Lia.e.nse and Use Agre_e.me.nt
THIS AGREEMENT, made and entered into by and
between Eden Systems, Incorporated (hereinafter
"Licensor"), a corporation duty authorized and
existing under the State of Washington and having
its principal offices at 507 Industry Drive, Seattle,
Washington 98188, and the City of Temecula,
(hereinafter "Licensee°), a government organization
having its principal offices at 43200 Business Park
Drive, Temecula, California 92590.
Licensor desires to grant to Licensee, and
Licensee desires to acquire from Licensor a non-
exclusive right and license to use certain computer
software as hereinafter defined. Both parties agree
they are able to comply with and will satisfy the
terms and conditions as set forth in this
Agreement Both parties, intending to be legally
bound, agree to the following:
SECTION 1 -DEFINITIONS
The definition of terms set forth in this section shall
apply when such terms are used in this Agreement,
its exhibits, and any amendments:
1.1 "Licensed Program." The computer program
specifically identified within the Exhibits herein as
applications within the InForum GoldTM,
InForum"A or Command Series'*' product lines,
including object code, as well as related procedural
code, and documentation of any type which
describes it.
1.2 "Licensed Documentation." The system
and other documentation made available by
Licensor, for the Licensed Program.
1.3 "Enhancements.,, Changes or additions,
other than Maintenance Modifications, to the
Licensed Program or Licensed Documentation that
add significant new functions or substantially
improved performance thereto by changes in
system design or coding.
1.4 "Error." Problem caused by incorrect
operation of the computer code of the Licensed
Program or an incorrect statement or diagram in
Licensed Documentation that produces incorrect
results or causes incorrect actions to occur.
1.5 "Error Correction." Either a software
modification or addition that, when made or added
to the Licensed Program, establishes material
conformity of the Licensed Program to the
Licensed Documentation, or a procedure or routine
that, when observed in the regular operation of the
Licensed Program, eliminates the practical adverse
effect on Licensee of such non -conformity.
1.6 "Maintenance Modifications." Modifications
or revisions to the Licensed Program or Licensed
Documentation that correct Errors.
1.7 "Specifications." The functional performance
parameters of the Licensed Program effective on
the date of this Agreement, as set forth in Licensed
Documentation.
1.8 "Proprietary Information." Unpublished
"know-how" and "trade secrets" which shall include,
without limitation, computer programs, program
designs, algorithms, subroutines, system
specifications, test data, charts, graphs, operation
sheets, and all other technical information, owned
by Licensor or under its control, relating to the
development and production or use of the Licensed
Program and the design, configuration,
programming, and protocol of the Licensed
Program.
1.9 "Normal Working Hours." The hours
between 8AM and 510M PST (Pacific Standard
Time), on the days Monday through Friday,
excluding regularly scheduled holidays of Licensor.
1.10 "Releases." New versions of the
Licensed Program, as specified by Licensor, which
new versions may be prompted by Error
Corrections and/or Enhancements.
1.11 "Support Agreement Term." A fiscal
year, commencing on January 1 and ending on
December 31, during which support and services
are provided subject to the terms and conditions
set forth in Section 9, Software Support.
SECTION 2 - GRANT OF LICENSE
2.1 Scope of License. Subject to compliance by
Licensee with the terms hereof, Licensor hereby
grants to Licensee, in perpetuity unless terminated
as provided herein, a personal, non-exclusive,
nontransferable license (without the right of
sublicense), to:
.. Install, use, and execute the
Licensed Program on computers owned
or leased and used by Licensee at its
Page 1 07/10/O1
facilities, for up to the number of
concurrent users specified in this
Agreement in Exhibit Al, for the sole and
express purpose of supporting the internal
business activities of Licensee; and
a Use the Licensed Documentation
only in conjunction with installation and
use of the Licensed Program.
2.2 Delivery of Materials. Licensor shall deliver
one copy of the Licensed Program and Licensed
Documentation to Licensee within a reasonable
time following final execution of this Agreement.
2.3 Minimum Hardware and Software
Requirements. Licensee acknowledges that in
order to be executed, Licensee's computers must
meet or exceed the minimum published hardware,
software, and communication requirements for the
Licensed Program. Licensee agrees such
requirements are subject to change, and that future
versions of the Licensed Program may have
different hardware and software requirements that
those presently in effect. The acquisition of
necessary hardware, software, and
communications equipment meefing the
requirements then in effect shall be the sole
responsibility of Licensee. Licensee acknowledges
that Licensor software support does not cover third
party software unless otherwise specified.
2.4 Necessity for Third -party Software.
Licensee acknowledges that in order to be
executed, the Licensed Program requires certain
third -party software not provided by Licensor. The
acquisition of necessary licenses and support for
this software shall be the sole responsibility of
Licensee. Licensee acknowledges that Licensor
software support does not cover third party
software unless otherwise specified.
2.5 Assignment of Rights In Licensee
Maintenance Modifications; and Enhancements.
All right, title, and interest in rail Maintenance
Modifications and Enhancements developed by
Licensee during the term of this Agreement
remains with Licensor. Licensee agrees that such
Maintenance Modifications and Enhancements
shall be used by Licensee, and will not be
distributed or otherwise made available to any third
party other than Licensor.
2.6 Availability of Licensor Enhancements.
Licensor agrees to offer to Licensee a license to
Enhancements that Licensor develops and offers
generally to licensees of the Licensed Program
according to the terms under Section 9.1.b.
2.7 Licensee Notification and Delivery of
Materials. Licensee shall notify and deliver to
Licensor one copy of any Maintenance
Modifications and Enhancements developed by
Licensee within a reasonable period after
development.
SECTION 3 - TITLE TO MATERIALS
3.1 Title to Licensed Program and Licensed
Documentation. All right, fide, and interest in and
to the Licensed Program and Licensed
Documentation, including the media on which the
same are furnished to Licensee, are and shall
remain with Licensor. Licensee acknowledges that
no such rights, titre, or interest in or to the Licensed
Program and the Licensed Documentation is
granted under this Agreement, and no such
assertion shall be made by Licensee. Licensee is
granted only a limited right of use of the Licensed
Program and Licensed Documentation as set forth
herein, which right of use is not coupled with an
interest and is revocable in accordance with the
terms of this Agreement.
3.2 Title to Enhancements and Maintenance
Modifications; Restrictions on Use, Disclosure,
Access, And Distribution. All right, title, and
interest in and to any Enhancements and
Maintenance Modifications developed by either
Licensor or by Licensee shall be and remain with
the Licensor. Licensee shall treat all such
Enhancements and Maintenance Modifications in
accordance with the restrictions and limitations set
forth herein respecting Licensed Programs and
Licensed Documentation.
SECTION 4 - FEES AND PAYMENTS
4.1 License Fee. In consideration of the
licenses granted hereunder, Licensee shall pay
Licensor a one-time license fee as well as
other associated costs as further defined in
Exhibit Al, attached hereto.
4.2 Software Support. Software Support is
subject to the terms and conditions of Section
9, Software Support, and may be offered, at
the Licensor's sole option, on a year by year
basis.
4.3 Per Diem. Charges for meals and
incidental expenses associated with the delivery of
the Licensed Program will be charged on a per
diem basis. The rate for such per them shall be the
maximum meals and incidental expenses allowed
for Licensee's locality as specified in 41 CFR
Page 2 07/10/01
Section 301 Appendix A of the code of Federal
Regulations.
4.4 Other Costs. Other costs, including but not
limited to air/train/taxi fare, charges for reasonable
and normal travel time to and from the customer
site, parking, freight costs, reproduction charges,
and other incidental expenses incurred by Licensor
on account of this Agreement, shall be billed to the
Licensee.
4.5 Administrative Fee. Licensor shall have the
right to charge Licensee a 5% administrative fee
for all invoices which are over 30 days past due.
4.6 Payment. Payment for all fixed fees and
charges shall be in accordance with the payment
schedule set forth in Exhibit B — Billing/Payment
Schedule. Payment for all estimated fees and
charges shall be in accordance with the terms and
conditions set forth in Exhibits D - Services and E —
Committed Modifications.
4.7 Taxes. The fees and charges specified in this
section are exclusive of any federal, state, or local
excise, sales, use, and similar taxes assessed or
imposed with respect to the service and support
provided hereunder. Licensee shall pay any such
amounts upon request of Licensor accompanied by
evidence of imposition of such taxes.
SECTION 5 - PROPRIETARY PROTECTION OF
MATERIALS
5.1 Acknowledgment of Proprietary Materials;
Limitations on Use. Licensee acknowledges
that the Licensed Program and Licensed
Documentation are unpublished works for
purposes of federal copyright law and embody
valuable confidential and secret information of
Licensor, the development of which required
the expenditure of considerable time and
money by Licensor. Licensee shall treat the
Licensed Programs and Licensed
Documentation in confidence and shall not
use, copy, or disclose, nor permit any of its
personnel to use, copy, or disclose the same
for any purpose that is not specifically
authorized under this Agreement. In the event
of a public records request for the Licensed
Program and Licensed Documentation,
Licensee shall promptly provide a copy of such
request to Licensor so that it has at least seven
business days from Licensor's receipt of such
copy in which to seek an order restraining the
Licensee from disclosing the Licensed
Program and Documentation pursuant to such
public records request. If Licensor does not
obtain a restraining order within such period of
time, Licensee may disclose the Licensed
Program and Licensed Documentation
pursuant to such public request as Licensee
deems appropriate.
6.2 Secure Handling. Except for copies of the
Licensed Program installed and operated upon its
computers as permitted hereunder, Licensee shall
require that the Licensed Program and Licensed
Documentation be kept on Licensee's premises
which shall be maintained in a manner so as to
reasonably preclude unauthorized persons from
gaining access thereto, and Licensee shall permit
access only as necessary for either party's use
thereof in accordance with the terms of this
Agreement.
5.3 Proprietary Legends. Licensee shall not
permit anyone other than Licensor to remove any
proprietary or other legend or restrictive notice
contained or included in any material provided by
Licensor.
5.4 Reproduction of Licensed Documentation.
Licensee may reproduce the Licensed
Documentation provided by Licensor, provided that
such reproductions are for the private internal use
of Licensee, and all such reproductions bear
Licensor's copyright notices and other proprietary
legends.
5.5 Injunctive Relief. Licensee recognizes and
acknowledges that any use or disclosure of the
Licensed Program or Licensed Documentation by
Licensee in a manner inconsistent with the
provision of this Agreement may cause Licensor
irreparable damage for which remedies other than
injunctive relief may be inadequate. In the event of
such a violation of this Agreement. Licensor shall
be entitled, upon application to a court of
competent jurisdiction, to a temporary restraining
order or preliminary injunction, to restrain and
enjoin Licensee from such violation, without
prejudice to any other remedies available to
Licensor.
5.6 Technical Protections. Licensor may from
time to time prescribe password protection as an
additional security measure for the Licensed
Program, and Licensee shall cooperate with
Licensor in connection therewith.
6.7 Survival of Terms. The provisions of
Sections 5.1 through 5.6 shall survive termination
of this Agreement for any reason.
Page 3 07/10/O1
SECTION 6 - LIMITED WARRANTY, LIMITATION
OF LIABILITY, AND INDEMNITY
6.1 Limited Warranty Against Infringement
Licensor warrants that the Licensed Program and
Licensed Documentation as delivered to Licensee
do not infringe any third -party rights in patent,
copyright, or trade secret in the United States.
6.2 Limited Warranty of Conformity. Licensor
warrants, for the benefit only of Licensee, that for
the life of the Agreement, the Licensed Program
will conform in all material respects to the Licensed
Documentation (except for modifications made by
Licensee or by Licensor at the request of
Licensee), but only if Licensee maintains
uninterrupted Software Support as described in
Section 9. Licensor assumes no responsibility for
obsolescence of the Licensed Program nor for lack
of conformity occurring from Licensee's failure to
update the Licensed Program with distributed
Enhancements, Maintenance Modifications, or
Error Corrections.
6.3 Exclusive Remedy. As the exclusive remedy
of Licensee for any nonconformity or defect
constituting an Error in the Licensed Program for
which Licensor is responsible, Licensor shall use
commercially reasonable efforts to provide
Maintenance Modifications with respect to such
Error. However, Licensor shall not be obligated to
correct, cure, or otherwise remedy any Error in the
Licensed Program resulting from any (1)
modification of the Licensed Program by Licensee,
or (2) failure of Licensee to notify Licensor of the
existence and nature of such nonconformity or
defect promptly upon its discovery.
6.4Disclaimer. EXCEPT A.SSPECIFICALLY
SET FORTH HEREIN, LICENSOR MAKES NO
WARRANTIES, WHETHER EXPRESS OR
IMPLIED, REGARDING OR RELATING TO THE
LICENSED PROGRAM OR LICENSED
DOCUMENTATION OR TO ANY OTHER
MATERIALS FURNISHED OR PROVIDED TO
LICENSEE HEREUNDER. LICENSOR
SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE WITH
RESPECT TO SAID MATERIALS OR THE USE
THEREOF.
6.6 Limitation of Liability. EXCEPT WITH
RESPECT TO LIABILITY ARISING FROM
CLAIMS OF INFRINGEMENT OF THIRD -PARTY
RIGHTS IN THE UNITED STATES IN
COPYRIGHT, TRADE SECRET, OR PATENT, IN
NO EVENT SHALL LICENSOR BE LIABLE
UNDER ANY CLAIM, DEMAND, OR ACTION
ARISING OUT OF OR RELATING TO ITS
PERFORMANCE OR LACK THEREOF UNDER
THIS AGREEMENT FOR ANY SPECIAL,
INDIRECT, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, WHETHER OR NOT LICENSOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
CLAIM, DEMAND, OR ACTION.
6.6 Licensee Indemnffication. Licensee shall
and does hereby agree to indemnify, hold
harmless, and save Licensor from liability against
any claim, demand, loss or action (1) resulting from
Licensee's use or modification of the Licensed
Program and Licensed Documentation and (2)
alleging that any Maintenance Modifications made
by Licensee infringe any third -party rights in the
United States respecting copyright, trade secret, or
patent.
6.7 Licensor Indemnification. Licensor shall and
does hereby agree to indemnify, hold harmless,
and save Licensee from liability against any claim,
demand, loss, or action alleging that the Licensed
Program and Licensed Documentation or any
Maintenance Modifications or Enhancements made
by Licensor infringe any third -party rights in the
United States respecting copyright, trade secret, or
patent.
6.6 Survival of Terms. The provisions of
Sections 6.1 through 6.7 shall survive termination
of this Agreement.
SECTION 7 - TERM AND TERMINATION
7.1 Term. This Agreement shall commence on the
date and year contained herein and shall continue
until terminated in accordance with the terms
thereof.
7.2 Termination by Either Party. Either party
may terminate this Agreement upon 60 days
written notice to the other party if the other party
commits a breach of any term hereof and fails to
cure said breach within that 60-day period. Such
notice shall set forth the basis of the termination.
7.3 Actions Upon Termination. Upon termination
of this Agreement for any reason, Licensee shall
immediately cease use of, and return forthwith to
Licensor, the Licensed Program and Licensed
Documentation, and any copies or portions thereof,
including Maintenance Modifications or
Enhancements.
SECTION 6 - MISCELLANEOUS
6.1 Entire Agreement. This Agreement
Page 4 07/10/01
constitutes the entire Agreement between the
parties and supersedes all proposals,
presentations, representations, and
communications, whether oral or in writing,
between the parties on this subject. Neither party
shall be bound by any warranty, statement, or
representation not contained herein. In the event
of any conflict in the terms and conditions of this
Agreement, the documents shall control in the
following order:
This Software License and Use
Agreement;
b. Licensor's Response to Licensee's
Request for Proposal, if applicable;
C. Licensee's Request for Proposal, if
applicable.
8.2 No Assignment. Licensee shall not sell,
transfer, assign, or subcontract any right or
obligation hereunder without the prior written
consent of Licensor. Any act in derogation of the
foregoing shall be null and void; provided, however,
that any such assignment shall not relieve
Licensee of its obligations under this Agreement.
8.3 Force Majeurs. Excepting provisions of this
Agreement relating to payment of license fees, and
protection of Licensor's Proprietary Information,
neither party shall be in default of the terms hereof
if such action is due to a natural calamity, or similar
causes beyond the control of such party.
8.4 Governing Law. This Agreement shall be
governed by and construed in accordance with the
laws of the State of California.
8.5 Severability. If any provision of this
Agreement is held by a court of competent
jurisdiction to be contrary to Ilaw, the remaining
provisions of this Agreement will remain in full force
and effect.
8.6 Notice. Any notice required or permitted to be
made or given by either part/ under this Agreement
shall be made in writing and delivered by hand or
by certified mail, postage prepaid, addressed as
first set forth above or to such other address as a
party shall designate by written notice given to
other party.
8.7 Acceptance Testing. Within ten (10)
business days of Licensor's notification to Licensee
that the Licensed Program or portion thereof is
installed and the applicable training administered,
Licensee shall begin performance of Acceptance
Testing, for the sole and express purpose of
determining whether the Licensed Program
operates as described in the Licensed
Documentation. Licensee must complete such
Acceptance Testing within thirty (30) days of
commencement of testing. The passage of the
thirty (30) day testing period without official written
notification from Licensee to Licensor that module
of Licensed Program has failed Acceptance
Testing indicates that the module is accepted and
that any portion of the license fees attached to
Licensed Program's acceptance are due and
payable.
8.8 Failure of Acceptance Testing, Retesting. If
the parties agree that the Licensed Program does
not successfully pass Acceptance Testing, the
Licensee shall notify Licensor in writing ("first notice
of failure") and shall specify with as much detail as
possible in which respects the Licensed Program
failed to pass the Acceptance Testing. Licensor
shall make such necessary corrections and
modifications in the Licensed Program to establish
a reasonable basis for additional Acceptance
Testing within a period of thirty (30) days from the
first notice of failure. Licensor shall notify Licensee
when such retesting can begin and the Licensee
shall complete Acceptance Testing within a period
of ten (10) business days from the date of
notification. If the parties agree that the Licensed
Program continues to fail Acceptance Testing, the
Licensee shall notify Licensor in writing of the
Licensee's intention to terminate and if the Licensor
fails to remedy the defect within (60) days of
receipt of said notification, the Licensee has the
right, at its option, to terminate the Agreement by
giving written notice of such termination to the
Licensor.
Upon the Licensee's termination of this Agreement
due to failure of the second Acceptance Test, the
Licensee shall promptly return the Licensed
Program and documentation and all related
materials to the Licensor.
8.9 Acts of Insolvency. The Licensee may
terminate this Agreement by written notice to the
Licensor if the Licensor becomes insolvent, makes
a general assignment for the benefit of creditors,
suffers or permits the appointment of a receiver for
its business or assets, becomes subject to any
proceeding under any domestic bankruptcy or
insolvency law or publicly announces liquidation
proceedings.
8.10 Insurance. Licensor shall maintain for the
duration of the contract insurance against claims
for injuries to persons or damages to property
which may arise from or in connection with the
performance of the work hereunder by the Licensor
its agents, representatives, or employees. The
limits of this insurance shall be consistent with the
limits established in Exhibit H. Licensor's insurer
may provide complete, certified copies of all
required insurance policies, including
Page 5 07/10/01
{ j
endorsements effecting the -coverage required by
the limits contained in Exhibit H.
8.11 Equal Opportunity Employer. Licensor
shall not discriminate in its recruiting, hiring,
promotion, demotion, or termination practices on
the basis of race, religious creed, color, national
origin, ancestry, sex, age, or physical handicap in
the performance of this Agreement.
SECTION 9 - SOFTWARE SUPPORT
9.1 Scope of Service. Licensor shall render
support and services during Normal Working Hours
for the following:
Telephone Support - Calls for
assistance related to operation of the
Licensed Program, reporting of a
potential error condition or abnormal
termination of a program, or request
for minor assistance related to the
Licensed Program;
n. Support Enhancements - Selected
Enhancements, the nature and type of
which shall be determined solely by the
Licensor. Such provision shall not
preclude Licensor from providing other
Enhancements of the Licensed
Program for license fees, training
charges, and other related service fees
and charges.
c Source Code Maintenance - Library
of Licensed Program maintained by
Licensor for Licensee complete with
modifications authorized by Licensee
and performed by Licensor.
d. Software Warranty — If Licensee
obtains Software Support from
Licensor, and such Software Support
is in effect without interruption from
inception of this Agreement, then
Licensor will warrant the Licensed
Program to be free of errors for the life
of this Agreement.
9.2 Fees and Charges. Licensee shall pay
Licensor annual support charges based on an
annual rate determined by Licensor at the
beginning of each SupportAgreement Term. Such
annual rate shall be multiplied times the amounts
shown in Exhibit Al under the column headed
"License Fee (Support Basis)" for each covered
product. No increase in the support rate shall be in
excess of 10% of the support rate for the prior
year. All annual support charges are due and
payable on or before the 1 a working day of each
Support Agreement Term. Failure to make such
payment shall constitute cancellation and
termination of support by Licensee and no further
service or support will be provided by Licensor.
9.3 Licensee Responsibilities. Licensee shall be
responsible for the procuring, installing, and
maintaining all computer equipment, telephone
lines, communications interfaces, and other
hardware necessary to operate the Licensed
Program and to obtain from Licensor the services
called for according to Licensor's then existing
policy.
9.4 Proprietary Rights. To the extent that
Licensor may provide Licensee with any Error
Corrections or Enhancements or any other
software, including any new software programs or
components, or any compilations or derivative
works of the Licensed Program prepared by
Licensor, Licensee may (1) install copies of the
Licensed Program adequate to serve the
concurrent users specified in this Agreement in
Exhibit Al, in the most current form provided by
Licensor, in Licensee's own facility; and (2) use
such Licensed Program in a manner consistent
with the requirements of the Agreement, for
purposes of serving Licensee's internal business
needs. Licensee may not use, copy, or modify the
Licensed Program, or make any copy, adaptation,
transcription, or merged portion thereof, except as
expressly authorized by Licensor. The Licensed
Program is and shall remain the sole property of
Licensor, regardless of whether Licensee, its
employees, or contractors may have contributed to
the conception of such work, joined in the effort of
its development, or paid Licensor for the use of the
work product. Licensee shall from time to time
take any further action and execute and deliver any
further instrument, including documents of
assignment or acknowledgment, that Licensor may
reasonably request in order to establish and perfect
its exclusive ownership rights in such works.
Licensee shall not assert any right, title, or interest
in such works, except for the non-exclusive right of
use granted to Licensee at the time of its delivery
or on -site development.
9.5 Disclaimer of Warranty and Limitation of
Liability. EXCEPT AS EXPRESSLY SET FORTH
HEREIN, LICENSOR EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES CONCERNING
THE SYSTEM OR THE SERVICES TO BE
RENDERED HEREUNDER, WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
Page 6 07/10/01
9.6 Termination of Support. Support maybe
terminated as follows:
a. Upon the termination of the License
Agreement; or
b. Upon notification by either party to the
other, at the beginning of any Support
Agreement Term;
c Upon 60 days' prior written notice if the
other party has materially breached the
provisions of this Agreement and has
not cured such breach within such
notice period.
IN WITNESS WHEREOF, the parties have caused
this Agreement to be executed as set forth below.
[Licensee]
By: Shaw N IS0;
Signature:./ ts
Title: City Manager
Date:
[Licensor] Eden Systems„ Inc.
By:
Slgnaturtfal�"kkjl�--__
Title: f 2� 5 11� C!7!J
Date: '1 — 6 0 — 0 )
ATTEST:
City
APPROVED
Pefer M. Thorson
City Attorney
Page 7 07/10/01
Eden Systems
P.O. Box 678076
Dallas, TX 75267-8076
-Description
Amount
Financials software Support
16,023.90
Financial Products for 2004
Other Software Support
258.45
Data Dictionaries for 2004
-Payroll Software Support
9,131.90
Pa roll/HR Products for 2004
Total
25,414.25
ITEM 8
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: John Meyer, Redevelopment Director Y-40
DATE: March 16, 2004
SUBJECT: Purchase and Sale Agreements for Property located in Old Town
RECOMMENDATION: It is Recommended that the City Council:
1. Adopt a Resolution entitled:
RESOLUTION NO. 04-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
EIVTITLED "PURCHASE AND SALE AGREEMENT AND
E13CROW INSTRUCTIONS" FOR CERTAIN REAL
PROPERTY LOCATED ALONG THE NORTH SIDE OF
MAIN STREET, EAST OF MERCEDES (APN 922-032-021,
022 and 028) IN THE CITY OF TEMECULA
2. Adopt a Resolution entitled:
RESOLUTION NO. 04-
RIESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
EIVTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL
PROPERTY LOCATED ALONG THE EAST SIDE OF
MERCEDES NORTH OF 2ND STREET (APN 922-042-007)
IN THE CITY OF TEMECULA
3. Authorize the expenditure in an amount not to exceed $723,000 for
acquisition, escrow, closing costs, appraisal, soils testing, and related fees.
RA01dtown\0TACQ\Staff Report OT Acq Mar 16, 2004.doc
BACKGROUND: Per Council direction, staff has been working with several property
owners on the purchase of the property generally located between Mercedes Street and the
freeway in Old Town. The City's appraiser performed appraisals of the property. The offers and
accepted purchase prices are reflective of the appraised value. A Phase I Environmental
Analysis has been conducted on the properties and it has been determined that there is low
potential for the presence of hazardous waste or unacceptable soil conditions.
The following purchase prices represent an all-inclusive settlement and full payment of just
compensation for the acquisition of all property interests.
Dixon No St Address (APN 922-032-021, 022 & 028) $435,000
GWN No St Address (APN 922-042-007) $268,000
Total $703,000
Additional fund authorization in the amount of $20,000 is requested to cover escrow, closing
costs, soils testing, and related fees. The Agency is looking for additional opportunities to
provide additional off-street public parking or other public uses.
FISCAL IMPACT: The $723,000 acquisition cost will be funded from the FY 04-08 CIP
Budget, Old Town District Parking (280-199-825-5700) which has sufficient funding.
Attachments
1. Resolutions
2. Purchase and Sale Agreements
R101dtown\0TACQ\Sta1T Report OT Acq Mar 16, 2004.doc
RESOLUTION NO. RDA 03- _
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED ALONG THE NORTH SIDE OF MAIN STREET,
EAST OF MERCEDES (APN 922-032-021, 022 AND 028) IN
THE CITY OF TEMECULA
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
that:
Section 1. The City Council of the City of Temecula herebyfinds, determines and declares
a. The City is currently implementing the Redevelopment Plan for
Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of
Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and
subsequently approved and transferred to the Redevelopment Agency of the City of
Temecula on April 9, 1991 (the "Plan").
b. The City proposes to purchase the property described in the "Purchase and
Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located along
the north side of Main Street, East of Mercedes (APN 922-032-021, 022 and 028) in the City
of Temecula for redevelopment purposes consistent with the Agency authority under the
Plan and the Community Redevelopment Act, Health and Safety Code Section 33000 et
seq.
C. The Agreement is consistent with the Plan and with the Implementation Plan
adopted by the Agency.
d. The City Council has duly considered all terms and conditions of the
proposed Agreement and believes that such agreement is in the best interests of the City
and the health, safety, and welfare of its residents, and in accord with the public purposes
and provisions of applicable State and local law requirements.
e. This action is being undertaken pursuant to the Plan for which a full and
complete Environmental Impact Report was prepared and certified prior to adoption of the
Plan. Moreover the acquisition of property by itself will have no impact on the environment
as it is simply the change in ownership of the property without a change in the physical
condition of the property. None of the conditions described in 14 Cal. Admin. Code § 15162
are found to exist. Therefore, pursuant to the provisions of CEQA and, specifically, 14 Cal.
R901dtown\0TACQ\Acquisiti0n Resos 1216\Resdixon.doc
Admin. Code §§ 15162 and 15180, neither a subsequent nor a supplemental Environmental
Impact Report is required for the subject agreement.
Section 2. The City Council hereby approves that certain "Purchase and Sale Agreement and
Escrow Instructions" between the City of Temecula, a public body corporate and politic, and Marion
L. Dixon, which Purchase Agreement is dated as of March 16, 2004. The Mayor of the City of
Temecula is hereby authorized and directed to execute the Agreement on behalf of the City.
R:\Old\own\OTACQ\Acquisition Resos 1216\Resdixon.doc
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this
16'h day of March 2004.
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA)
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. RDA 04- was duly and regularly adopted by the City Council of the City
of Temecula at a regular ;meeting thereof held on the 16th day of March, 2004, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R101dtow \OTACQ\Acquisition Resos 1216\Resdixon.doc
RESOLUTION NO. RDA 03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED ALONG THE EAST SIDE OF MERCEDES NORTH
OF 2No STREET (APN 922-042-007) IN THE CITY OF
TEMECULA
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
that:
Section 1. The City Council of the City of Temecula hereby finds, determines and declares
a. The City is currently implementing the Redevelopment Plan for
Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of
Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and
subsequently approved and transferred to the Redevelopment Agency of the City of
Temecula on April 9, 1991 (the "Plan").
b. The City proposes to purchase the property described in the "Purchase and
Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located along
the east side of Mercedes north of 2nd Street (APN 922-042-007) in the City of Temecula for
redevelopment purposes consistent with the Agency authority under the Plan and the
Community Redevelopment Act, Health and Safety Code Section 33000 et seq.
C. The Agreement is consistent with the Plan and with the Implementation Plan
adopted by the Agency.
d. The City Council has duly considered all terms and conditions of the
proposed Agreement and believes that such agreement is in the best interests of the City
and the health, safety, and welfare of its residents, and in accord with the public purposes
and provisions of applicable State and local law requirements.
e. This action is being undertaken pursuant to the Plan for which a full and
complete Environmental Impact Report was prepared and certified prior to adoption of the
Plan. Moreover the acquisition of property by itself will have no impact on the environment
as it is simply the change in ownership of the property without a change in the physical
condition of the property. None of the conditions described in 14 Cal. Admin. Code § 15162
are found to exist. Therefore, pursuant to the provisions of CEQA and, specifically, 14 Cal.
Admin. Code §§ 15162 and 15180, neither a subsequent nor a supplemental Environmental
Impact Report is required for the subject agreement.
RA01dtown\0TACQ\Acquisition Resos 1216\Resgreatwhitenonh.doc
Section 2. The City Council hereby approves that certain 'Purchase and Sale Agreement and
Escrow Instructions" between the City of Temecula, a public body corporate and politic, and
Stephen E. McKenzie which Purchase Agreement is dated as of March 16, 2004. The Mayor of the
City of Temecula is hereby authorized and directed to execute the Agreement on behalf of the City.
RAOJdtown\OTACQ\Acquisition Resos 1216\Resg eatwhitenorth.doc
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this
161h day of March 2004.
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA)
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. RDA 04-_was duly and regularly adopted by the City Council of the City
of Temecula at a regular meeting thereof held on the 16th day of March, 2004, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\Oldtown\OTACQWcquisition Resos 1216aesgreatwhitenorthAm
AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
First American Title Company
3625 Fourteenth Street
Riverside. CA 92501
Attention: Debbie Newton, Title Officer
Re: Escrow No.:
THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS
(this "Agreement") dated as of March 16, 2004, is entered into by and between GREAT WHITE
NORTH, LP, (collectively "Seller'), and the CITY OF TEMECULA, a public body, corporate and
politic ("Buyer"), upon the following terms and conditions:
SALE AND PURCHASE PRICE.
1.1 Sale and Purchase. Seller agrees to sell to Buyer and Buyer agrees to
purchase from Seller good and marketable fee simple title to that certain real property of
approximately 18, 293 square feet identified as Assessor's Parcel Number 922-042-007, located
in the City of Temecula, County of Riverside, State of California, and more particularly
described on Exhibit "A" attached hereto, together with all easements, privileges, permits,
licenses, entitlements, and other rights appurtenant thereto ("Real Property"), and all buildings,
fixtures, equipment, structures, parking areas, landscaping, appurtenances and other
improvements constructed or situated on the Real Property and owned by Seller
("Improvements") (the Real Property and Improvements hereinafter collectively "Property'), for
the price and upon all of the terms and conditions set forth herein. Buyer is purchasing the
Property for a public purpose, namely for redevelopment and all uses necessary or convenient
thereto.
1.2 Purchase Price. The purchase price ("Purchase Price") for the Property
shall be Two Hundred Sixty Eight Thousand Dollars ($268,000), payable in cash. The purchase
price is broken down as follows: Land Value - $268,000. Within five (15) business days after
the date of execution hereof, Buyer shall deliver to Escrow Holder (as herein defined) cash in
the amount of Ten Thousand Dollars ($10,000.00) (the "Deposit") in the form of a cashier's
check, by a wire transfer, or other form acceptable to the Escrow Holder. The Deposit shall be
placed in an interest -bearing account and all interest accrued thereon shall increase and
become a part of the Deposit. On the close of escrow, the Deposit shall be applied toward the
cash payment of the Purchase Price. Prior to the close of escrow, the Deposit shall be fully
refundable to Buyer in the event this Agreement is terminated and Buyer is the non -defaulting
party. The remaining balance of the cash payment of the Purchase Price shall be deposited by
Buyer into Escrow in the: form of a cashier's check, wire transfer, or other form acceptable to the
Escrow Holder, prior to the close of escrow.
RAOldtown\OTACOTurchase and Sale Agreement -Great White North LP. DOC
1.3 No Relocation Assistance. Seller hereby acknowledges and agrees that
the Property is owner occupied, and that the purchase and sale of the Property is being made in
the course of voluntary negotiations between Seller and Buyer resulting from Seller's having
offered the Property for sale. Seller shall have no further obligation to Buyer under the State
Eminent Domain Law or under the Relocation Assistance and Real Property Acquisition statutes
and guidelines, including but not limited to California Government Code Section 7260 et seq.
and Section 6000 et seq. of Title 25 of the California Code of Regulations, and the Seller hereby
waives any such assistance or benefits if applicable. Seller hereby further waives any and all
claims it may have now or in the future for compensation for relocation assistance, relocation
benefits, pre -condemnation damages, compensation for property or for loss of goodwill under
California Code of Civil Procedure Section 1263.510 et seq. or any other applicable law.
2. TITLE.
2.1 General. Title to the Property shall be conveyed by Grant Deed and shall
be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an
ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Paragraph
2.3 hereof) ("Title Policy"), the cost of which shall be borne by Buyer, issued by First American
Title Company, 3625 Fourteenth Street, Riverside, California 92501, (909) 787-1723; fax:
(909) 784-7956, Title Ofncer Debbie Newton ("Title Company'), with liability in the full amount of
the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens
and encumbrances and other matters affecting title to the Property, except:
2.1.1 Non -delinquent real property taxes; and
2.1.2 Such conditions, covenants, restrictions, and utility easements of
record as are approved by Buyer in its sole and absolute discretion.
2.2 Acts After Date of Agreement. During the period from the date of this
Agreement through the close of escrow, Seller shall not record, or file for record or permit to be
recorded or filed for record any document or instrument which will affect the title to or use of the
Property without the prior written consent of the Buyer, which consent shall not be unreasonably
withheld.
2.3 Ootion for ALTA Coverage. Buyer shall have the option of obtaining an
ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form
Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the ALTA
Extended Coverage Survey (the "Survey"); provided, that, Seller shall provide to Buyer, at no
cost to Buyer and within five (5) days after execution of this Agreement, a copy of Seller's most
recent survey, if any, prepared with respect to the Property. The cost of an ALTA Extended
Coverage Form Policy of Title Insurance shall be borne by Buyer.
R:\Oldtown\OTACQ\Purchase and Sale Agreement -Great White North LP. DOC
3. RIGHT OF ENTRY.
3.1 Seller hereby grants Buyer and its agents, employees, contractors and
subcontractors (collectively "Representatives") the right of entry to the Property at reasonable
times for the purpose of conducting soils and geological investigation and testing for toxic or
hazardous substances and other contamination. Such investigation shall be at Buyer's
expense.
3.2 Buyer shall deliver advance written notice to the Seller of its intention to
enter the Property to conduct activities pursuant to this Paragraph 3 at least one (1) business
day prior to any entry onto the Property. Such notice of entry shall include the proposed dates
and times of such entry, and the nature, specific location and scope of any test, investigation, or
other activity upon the Property. Seller and it representatives shall have the right to accompany
and observe all of Buyer's and its Representatives' activities on the Property.
3.3 All work performed by Buyer and its Representatives will be performed
diligently and in a manner consistent with the standards of care, diligence and skill exercised by
recognized consulting firms for similar services, and in accordance with all regulatory and good
management standards and the requirements of any governmental agency or entity and all
applicable laws.
3.4 Buyer and its Representatives shall promptly notify the Seller of any
discovery, spill, release, or discharge of any "Hazardous Materials", as defined in Paragraph 5,
on, under or about the Property which is discovered, encountered, or results from or is related to
the Buyer's or its Representatives' access to and/or use of the Property under this Agreement.
3.5 Buyer and its Representatives shall remove from the Property any wastes
and Hazardous Materials used in or generated by the activities of Buyer or its Representatives
on the Property no later than the date of completion of their environmental investigation
activities and operations on the Property.
3.6 In connection with the use of the Property by Buyer and its
Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep
the Property, and any improvements and personalty thereon, in good order and repair and safe
condition to the extent that such Property, improvements or personalty were in such condition
prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition,
including, without limitation, ensuring that any holes, ditches or other indentations, as well as
any mounds or other inclines created by any excavation by Buyer or its Representatives are
regraded, resurfaced and compacted. If any portion of the Property or an adjacent property,
including improvements and fixtures, suffers damage or alteration by reason of the access and
activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and
expense, promptly repair all such damage and restore the Property or adjacent property to as
good a condition as before such damage or alteration occurred, or if it cannot be repaired,
Buyer shall replace such damaged or altered property to the extent possible.
3.7 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify,
and hold free and harmless Seller and its employees, agents, and representatives, and their
R:\Oldtown\OTACQ\Purchase anc Sale Agreement - Great White North LP.DOC
successors, and assigns (individually as "Indemnitee" and collectively, "Indemnitees"), free and
harmless from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature
whatsoever ("Claims"), including fees of accountants, attorneys, expert witnesses, or other
professionals, and all costs associated therewith, arising or claimed to arise, directly or
indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or
omission of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly,
out of, in connection with, resulting from, or related to entry upon the Property pursuant to this
Paragraph 3, except for that portion or percentage of a Claim against an Indemnitee based on
the comparative negligence, gross negligence or willful misconduct of such Indemnitee.
4. ESCROW.
4.1 Agreement to Constitute Escrow Instructions. This Agreement shall
constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for
this purpose.
4.2 Escrow Holder. The escrow shall be opened with First American Title
Company, 3625 Fourteenth Street, Riverside, CA 92501, (909) 787-1723, fax: (909) 784-7956,
Attention: Debbie Newton (dnewton@firstam.com) ("Escrow Holder"), within five (5) business
days after the execution of this Agreement by Buyer and Seller by depositing an executed copy
or executed counterparts of this Agreement with Escrow Holder. This document shall be
considered as the escrow instructions between the parties, with such further instructions as
Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder. If
Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare
such escrow instruction;) on its usual form for the purchase and sale of the Property upon the
terms and provisions hereof. Provided such further escrow instructions are consistent with this
Agreement, they shall be: promptly signed by Buyer and Seller within five (5) business days after
delivery thereof to each party. The further escrow instructions shall incorporate each and every
term of this Agreement and shall provide that in the event of any conflict between the terms and
conditions of this Agreement and such further escrow instructions, the terms and conditions of
this Agreement shall control. Escrow Holder shall not be held liable for the sufficiency or
correctness as to form, execution or validity of any instruments deposited in this escrow (other
than those documents prepared by Escrow Holder), or as to identity, authority or rights of any
person executing the same, and Escrow Holder's duties hereunder shall be limited to the
safekeeping of such money, instruments or other documents received by Escrow Holder and for
the disposition or return of same in accordance with the instructions herein. The parties hereto
agree jointly and severally to pay on demand, as well as to indemnify and hold Escrow Holder
harmless from and against, all costs, damages, judgments, reasonable attorneys' fees,
expenses and liabilities of any kind or nature which Escrow Holder may incur or sustain in good
faith in connection with or arising out of this escrow which are not due to Escrow Holder's
negligence or willful misconduct.
4.3 Opening of Escrow. Escrow shall be deemed open on the date of
delivery to the Escrow Holder of a fully executed copy or executed counterparts of this
Agreement.
R:\Oldtown\OTACQ\Purchase and Sale Agreement - Great White North LP.DOC
4.4 Close of Escrow. Provided all of Seller's and Buyer's obligations to be
performed on or before close of escrow have been performed and all the conditions to the close
of escrow set forth in this Agreement have been satisfied, escrow shall close on or before April
30, 2004 ("Closing Date"). All risk of loss or damage with respect to the Property shall pass
from Seller to Buyer at -the close of escrow. Possession of the Property shall be delivered to
Buyer upon the close of escrow. Notwithstanding anything in this Agreement to the contrary,
escrow shall be deemed automatically terminated if it has not otherwise closed by May 31,
2004, regardless of cause or fault.
4.5 Buyer Reguired to Deliver. On or before the close of escrow Buyer shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.5.1 The Purchase Price; and
4.5.2 All other documents contemplated by this Agreement and required
by Escrow Holder to be deposited by Buyer to carry out this escrow.
4.6 Seller Required to Deliver. Before the close of escrow, Seller shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.6.1 A Grant Deed conveying the Property to Buyer;
4.6.2 A non -foreign affidavit with respect to Seller; and
4.6.3 Any other documents contemplated by this Agreement or required
by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow.
4.7 Conditions to the Close of Escrow. Escrow shall not close unless and
until both parties have deposited with Escrow Holder all sums and documents required to be
deposited as provided in this Agreement. The failure of a party to timely deposit any such sums
and/or documents shall constitute a default by such party. Furthermore, escrow shall not close
unless Seller shall be able to deliver possession of the Property to Buyer free of all tenants,
leases and/or agreements. Seller agrees to indemnify, protect, hold harmless and defend Buyer
and its employees, agents, representatives, council members, attorneys, successors and
assigns from and against any and all claims raised after closing by tenants raising or seeking
any rights to relocation assistance or benefits based on their tenancy on the Property prior to
the sale hereunder. In addition to the closing conditions set forth above, Buyer's obligation to
proceed with the transaction contemplated by this Agreement is subject to the satisfaction, not
later than the date that is fifteen (15) days after the date hereof ("Contingency Date"), of all of
the following conditions precedent, which are for Buyer's benefit and may be waived only by
Buyer:
4.7.1 Seller shall have performed all agreements to be performed by
Seller hereunder;
4.7.2 Seller's representations, warranties and covenants set forth in this
Agreement shall be true and correct as of the Contingency Date, and continue to be true and
correct as of the Closing Date;
R:\Oldtown\OTACQ\Purchase and Sale Agreement - Great White North LP.DOC
4.7.3 Buyer's approval, in its sole and absolute discretion, of the results
of such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or
water contamination tests and analyses as Buyer or its agents, employees or representatives
may, prior to the Closing Date, perform with respect to the Property;
4.7.4 As of the Closing Date, there shall have been no material adverse
changes in the physical condition of the Property, as described in Paragraph 6 or otherwise;
4.7.5 Verification by Buyer that Seller is the owner of record of the
Property and that there are no other owners of record of the Property as of the Closing Date;
4.7.6 Title Company shall have issued or shall have committed to issue
the Title Policy to Buyer. for the amount of the Purchase Price showing fee title to the Property
to be vested in Buyer, subject only to such conditions, covenants, restrictions, and utility
easements of record as are approved by Buyer in its sole and absolute discretion; and
4.7.7 Approval of this Agreement by the City Council of the City of
Temecula.
Neither Buyer nor Seller shall act or fail to act for the purpose of permitting or
causing any closing condition to fail. Waiver of any condition to close of escrow shall not relieve
any party for liability resulting from breach of any representation, warranty, covenant or
agreement under this Agreement. In the event that the conditions to close of escrow are not
timely satisfied for a reason other than a default of Buyer or Seller under this Agreement:
(i) This Agreement, the escrow and the rights and obligations of Buyer and
Seller hereunder shall terminate, except as otherwise provided herein; provided, however, no
such termination shall occur until (A) Buyer has had the opportunity to waive any condition for
Buyer's benefit within two (2) business days after the later of Buyer's receipt of written notice
from Seller or Buyer's discovery that such condition will not be satisfied, and (B) Buyer does not
elect to waive such condition; and
(ii) Escrow Holder, upon such termination, is hereby instructed to promptly
return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer
in escrow and to return to Seller all funds and documents deposited by Seller in escrow and
which are held by Escrow Holder on the date of the termination (less, in the case of the party
otherwise entitled to such funds, however, the amount of any cancellation charges required to
be paid by such party under Paragraph 4.12 below).
4.8 Recordation of Grant Deed: Delivery of Funds. Upon receipt of the funds
and instruments described in this Paragraph 4, Escrow Holder shall cause the Grant Deed to be
recorded in the office of the County Recorder of Riverside County, California. Thereafter,
Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges) to Seller.
4.9 Prorations. All real and personal property taxes, liens and assessments
shall be prorated between Buyer and Seller as of the close of escrow based on the latest
available tax information or, at Seller's election, such taxes, liens and assessments may be paid
R:\Oldtown\OTACQ\Purchase and Sale Agreement -Great White North LP.DOC
in full through escrow to the lienholder from the Deposit, so long as the Deposit is sufficient to
satisfy all outstanding liens. If such liens are paid through escrow, Escrow Holder shall cause
the liens to be discharged and the discharge recorded prior to conveyance of fee title of the
Property to Buyer. Any supplemental or escape real estate taxes and assessments on the
Property attributable to the period prior to the close of escrow shall be paid by Seller outside of
the escrow. All prorations shall be determined on the basis of a 360-day year.
4.10 Costs of Escrow.
4.10.1 Seller shall pay:
(a) The cost of any obligations of Seller hereunder.
4.10.2 Buyer shall pay:
(a) All escrow fees and costs associated with the purchase of
the subject real property;
(b) The cost of recording the Grant Deed, if any;
(c) The cost of documentary transfer taxes in connection with
the recordation of the Grant Deed, if any;
(d) The cost of any obligations of Buyer hereunder; and
(e) Any other closing costs or charges not expressly provided
for herein and customarily paid by a Buyer of real property
in Riverside County, California.
4.11 Broker's Commission. Buyer and Seller represent to one another that no
broker or finder has been engaged in connection with the transaction contemplated by this
Agreement, or to its knowledge is in any way connected with such transaction. Seller covenants
and agrees that any broker fee or commission, which may be due or payable in connection with
the closing of the transaction contemplated by this Agreement, shall be borne solely by Seller.
Seller agrees to indemnify, defend, protect and hold harmless Buyer and its respective
employees, agents, representatives, council members, attorneys, successors and assigns, from
and against all claims of any agent, broker, finder or other similar party arising from or in
connection with the sale of the Property to Buyer.
4.12 Escrow Cancellation Charges. In the event that this escrow shall fail to
close by reason of the default of either party hereunder, the defaulting party shall be liable for all
escrow and title cancellation charges. In the event that the escrow shall fail to close for any
other reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges.
5. REPRESENTATIONS AND WARRANTIES BY SELLER.
In consideration of Buyer's entering into this Agreement and as an inducement to
Buyer to purchase the Property, Seller makes the following representations and warranties,
R:\Oldtown\OTACQ\Purchase and Sale Agreement - Great White North LP.DOC
each of which is material and is being relied upon by Buyer (the continued truth and accuracy of
which shall constitute a condition precedent to Buyer's obligations to close hereunder and each
of which shall survive the! close of escrow):
5.1 This Agreement has been duly and validly authorized, executed and
delivered by Seller and no other action is requisite to the valid and binding execution, delivery
and performance of this Agreement by Seller;
5.2 There are no suits pending against or affecting or, to the best of Seller's
knowledge, without having made investigation thereof, threatened against the Property or its
use, whether in law or at equity;
5.3 Other than as disclosed in this Agreement, no joinder, consent, or waiver
of or by any third party is necessary to permit the consummation by Seller of the transaction
contemplated pursuant to this Agreement;
5.4 To Seller's best knowledge, there are no materials, reports and
information in Seller's possession relating to the Environmental Condition (any condition that
exists prior to or after the Closing Date, with respect to the air, land, soil, surface, subsurface
strata, surface water, ground water, storm water or sediments) of the Property, and there are no
outstanding environmental remediation orders or decrees (federal or state) regarding the
Property. Seller shall deliver to Buyer any materials and reports relating to the Environmental
Condition of the Property which comes into Seller's possession, and any information relating to
the Environmental Condition of the Property of which Seller becomes aware;
5.5 To the best of Seller's knowledge, Seller is not aware of the existence of
any violation of law or violation of governmental regulation with respect to the Property,
including any Environmental Laws, as hereinafter/ defined;
5.6 There are no pending, or to the best of Seller's knowledge, without having
made investigation thereof, threatened proceedings in eminent domain, which would affect the
Property, or any portion thereof;
5.7 To the best of Seller's knowledge there has been no production, disposal
or storage on the Property of any Hazardous Materials (as hereinafter defined) by Seller or any
of the contractors, agents, employees or representatives of Seller or, to the best of Seller's
knowledge, any previous owner or current or previous tenant of the Property; and to the best of
Seller's knowledge, there has not been any other activity on the Property which could have
resulted in the deposit or release on the Property of Hazardous Materials, or the violation of any
Environmental Laws, or which could result in any proceeding or inquiry by any authority with
respect thereto;
5.8 Seller is not a "foreign person" within the meaning of Internal Revenue
Code 1445; and
5.9 As of the Closing Date, there shall be no leases and/or other agreements
in existence affecting the: Property.
R:\Oldtown\OTACQ\Purchase and Sale Agreement - Great White North LP.DOC
The term "Hazardous Materials" shall mean and include the following, including
mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or
constituent regulated under the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601 et sec; oil and petroleum products and natural gas, natural
gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under
the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et sec; asbestos
and asbestos -containing materials, PCBs and other substances regulated under the Toxic
Substances Control Act, 15 U.S.C. Section 2601 et sec; source material, special nuclear
material, by-product material and any other radioactive materials or radioactive wastes, however
produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982;
chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200
et sec; industrial process and pollution control wastes, whether or not hazardous within the
meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any
substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or
California Code of Civil Procedure Section 736(f)(3); and any other substance or material
regulated by any Environmental Laws.
The term "Environmental Laws" shall mean and include all federal, state and
local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to
environmental quality, health, safety, contamination and clean-up, including, without limitation,
the Clean Air Act, 42 U.S.C. Section 7401 et sec; the Clean Water Act, 33 U.S.C. Section 1251
et sec; and the Water Quality Act of 1987, the Federal Insecticide, Fungicide, and Rodenticide
Act 7 U.S.C. Section 136 et sec; the Marine Protection, Research, and Sanctuaries Act,
33 U.S.C. Section 1401 et sec; the National Environmental Policy Act, 42 U.S.C. Section 4321
et sec; the Noise Control Act, 42 U.S.C. Section 4901 et sec; the Occupational Safety and
Health Act, 29 U.S.C. Section 651 et sec; the Resource Conservation and Recovery Act 42
U.S.C. Section 6901 et sec; as amended by the Hazardous and Solid Waste Amendments of
1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et sec; the Comprehensive
Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et sec; as
amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning
and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the
Toxic Substances Control Act 15 U.S.C. Section 2601 et sec; the Atomic Energy Act, 42 U.S.C.
Section 2011 et sec; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et
sec; and state and local environmental statutes and ordinances, with implementing regulations
and rules in effect on or prior to the date hereof.
6. EMINENT DOMAIN OR TAKING: PHYSICAL DAMAGE OR DESTRUCTION.
6.1 If, prior to the close of escrow, any material portion of the Property is
taken or if the access thereto or available parking area therefor is reduced or restricted by
eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated
taking which has not been consummated, other than any such taking prosecuted by or on behalf
of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have
the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to
Seller given not later than ten (10) business days after receipt of Seller's notice. If Buyer does
not exercise this option to terminate this Agreement, neither party shall have the right to
terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall
R:\Oldtown\OTACQ\Purchase and Sale Agreement -Great White North LP. DOC
be entitled to receive and keep, all awards for the taking by eminent domain which accrue to
Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without
modification of the terms of this Agreement and without any reduction in the Purchase Price
(except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any eminent domain
proceeding without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
6.2 If, prior to the close of escrow, any material portion of the Property is
physically damaged or destroyed due to any cause, natural or otherwise, including, without
limitation, (i) fire or flooding, (ii) any destructive seismic or geological conditions such as any
earthquake or tremor, subsidence, or unstable subsurface conditions; or (iii) a condition arising
from any discharge of Hazardous Materials or other violation of any Environmental Laws, Seller
shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its
sole and absolute discretion, to terminate this Agreement upon written notice to Seller given not
later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this
option to terminate this Agreement, neither party shall have the right to terminate this
Agreement, but the Seller shall assign and turn over, and the Buyer shall be entitled to receive
and keep, all insurance proceeds paid by Seller's insurer in connection with such damage or
destruction, and the parl:ies shall proceed to the close of escrow pursuant to the terms hereof,
without modification of the terms of this Agreement and without any reduction in the Purchase
Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any such damage and
destruction without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to
herein are incorporated in this Agreement as though fully set forth herein.
8. ATTORNEYS' FEES. In any action between Buyer and Seller seeking
enforcement of any of the terms and provisions of this Agreement, or in connection with the
Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive
or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable
attorneys' fees and reasonable fees of expert witnesses.
9. NOTICES;. All notices, requests, demands and other communication given or
required to be given hereunder shall be in writing and personally delivered, sent by first class
United States registered or certified mail, postage prepaid, return receipt requested, or sent by a
nationally recognized courier service such as Federal Express, duly addressed to the parties as
follows:
To Buyer: City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589
Attention: John Meyer
Tel: (909) 694-6412
R:\Oldtown\OTACQ\Purchase and Sale Agreement -Great White North LP.DOC
Fax: (909) 693-3903
With a Copy To: Richards, Watson and Gershon
355 South Grand Avenue, 40`n Floor
Los Angeles, California 90071- 3101
Attention: Peter Thorson
Tel: (213) 626-8484
Fax: (213) 626-0078
To Seller: Great white North, LP
C/o Stephen E. McKenzie
41511 State Highway 74
Hemet, CA 92594
To Escrow Holder: First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Tel: (909) 787-1723
Fax: (909) 784-7956
Attention: Debbie Newton, Title Officer
Delivery of any notice or other communication hereunder shall be deemed made
on the date of actual delivery thereof to the address of the addressee, if personally delivered,
and on the date indicated in the return receipt or courier's records as the date of delivery or as
the date of first attempted delivery, if sent by mail or courier service. Any party may change its
address for purposes of this Paragraph 10 by giving notice to the other party and to Escrow
Holder as herein provided.
10. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned
by either party without the prior written consent of the other party.
11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, and their successors and assigns.
12. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the
parties hereto with respect to the matters contained herein, and all prior or contemporaneous
agreements or understandings, oral or written; pertaining to any such matters are merged
herein and shall not be effective for any purpose. No provision of this Agreement may be
amended, supplemented or in any way modified except by an agreement in writing signed by
the parties hereto or their respective successors in interest and expressly stating that it is an
amendment of this Agreement.
RAOldtown\OTACMPurchase and Sale Agreement - Great White North LP. DOC
13. ENFORCEMENT OF AGREEMENT BY SELLER. If the sale of the Property is
not consummated as a result of the Buyer's material default hereunder, then Seller may enforce
its rights hereunder by an action against Buyer for damages, resulting from the material breach
of this Agreement by Buyer.
14. ENFORCEMENT OF AGREEMENT BY BUYER. It is agreed that the rights
granted to Buyer by Seller hereunder are of a special and unique kind and character, and that, if
there is a breach by Seller of any material provision of this Agreement, Buyer would not have
any adequate remedy at law. It is expressly agreed, therefore, that Buyer's rights hereunder
may be enforced by an action for specific performance and such other equitable or legal relief
as is provided under the laws of the State of California.
15. HEADINGS. The headings of this Agreement are for purposes of reference only
and shall not limit or define the meaning of the provisions of this Agreement.
16. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument.
17. SURVIVAL. Any provision hereof which is executory as of the Closing Date and
all representations and warranties shall survive such close of escrow and delivery of the Grant
Deed and shall continue to be a binding provision on the parties hereto according to its terms.
18. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
19. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is
intended to confer upon any person, other than the parties hereto and their successors and
assigns, any rights or remedies under or by reason of this Agreement.
20. SEVERA131LITY. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by
a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein, unless such invalidity, illegality or
unenforceability materially affects the economic terms of the transactions contemplated by this
Agreement or the ability of either party to perform its obligations under this Agreement. In such
case, either party may terminate this Agreement and the escrow upon written notice to the other
party given no later than ten (10) business days after the party giving such notice becomes
aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds
deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to
Buyer.
21. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further
acts and to execute, acknowledge and deliver any further documents that may be reasonably
necessary to carry out the provisions of this Agreement.
RAOldtown\OTACQ\Purchase and Sale Agreement -Great White North LP. DOC
22. IRREVOCABLE OFFER BY SELLER. Seller's execution and delivery to Buyer of
this Agreement shall constitute an offer to sell the Property pursuant to the terms stated herein,
which offer shall be irrevocable by Seller, provided that Buyer accepts such offer by executing
and returning to Seller a counterpart of this Agreement on or before March 12, 2004. Seller
understands and agrees that Buyer is a governmental entity which must schedule and hold one
or more meetings of its governing body in order to authorize Buyer's acceptance of this offer
and that Buyer is relying on the irrevocability of this offer in processing it for consideration by the
City Council of the City of Temecula and its governing body. Seller further acknowledges and
agrees that this Agreement is tendered under the provisions of California Evidence Code
Section 1152, and in the event this Agreement is not fully executed by the parties hereto, or is
terminated for any reason whatsoever, this Agreement shall not be admissible to prove Buyer's
liability in inverse condemnation, for precondemnation damages or otherwise, and may not be
used as an admission of value in any eminent domain or other proceeding.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
"SELLER"
Great White North, LP
C/o Stephen E. McKenzie
41511 State Highway 74
Hemet, CA 92594
Stephen E. McKenzie
APPROVED AS TO FORM:
Richards, Watson & Gershon
By:
Peter Thorson, City Attorney
"BUYER"
THE CITY OF TEMECULA, a municipal
corporation
Michael S. Naggar, Mayor
Attest:
Susan Jones, City Clerk
R:\Oldtown\OTACQ\Purchase and Sale Agreement - Great White North LP.DOC
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Lots 1 through 6, Inclusive, together with that portion of the alley in said Block 6 abutting
said Lots 1 through 6, inclusive, in said Block 6 of the Town of Temecula, in the County of
RIVERSIDE, State of California, as per map recorded in Book 15, page(s) 726, of Maps, in the
office of the County Recorder of San Diego County, together with that portion of the alley and
that portion of Second Street in said Block 6 which would pass by operation of law with the
conveyance of said lots.
Said alley was vacated by Resolution of the Board of Supervisors of the County of Riverside, a
certified coy of said resolution was recorded April 23, 1979, as Instrument No. 80863, Official
Records.
Except any portion of the above as reserved in the Deed to the State of California for freeway
purposes by deed recorded June 23, 1948, as Instrument No. 3269, in Book 987, page 511 of
Official Records.
Also except that portion described in the deed to the State of California, recorded December 4,
1967, as Instrument No. 105961, Official Records;
Also except any portion of the above as described in the deed to the State of California,
recorded July 12, 1973, as Instrument No. 90987, Official Records.
Said portion of Second Street was vacated by Resolution of said Board of Supervisors, a
certified coy of said Resolution being recorded July 16, 1984 as Instrument No. 153463, Official
Records.
12012-0001\749075v1.doc A-1 12/02/03
AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Attention: Debbie Newton, Title Officer
Re: Escrow No.:
THIS AGREEMENT FOR PURCHASE
(this "Agreement") dated as of March 16, 2004,
Trustee, Dixon Family Trust dated February 22,
TEMECULA, a public body, corporate and p
conditions:
SALE AND PURCHASE PRICE.
AND SALE AND ESCROW INSTRUCTIONS
is entered into by and between IRA B. DIXON,
1980, (collectively "Seller"), and the CITY OF
olitic ("Buyer"), upon the following terms and
1.1 Sale and Purchase. Seller agrees to sell to Buyer and Buyer agrees to
purchase from Seller good and marketable fee simple title to that certain real property of
approximately 27,000 square feet identified as Assessor's Parcel Number 922-032-021, 922-
032-022,922-032-028, located in the City of Temecula, County of Riverside, State of California,
and more particularly described on Exhibit "A" attached hereto, together with all easements,
privileges, permits, licenses, entitlements, and other rights appurtenant thereto ("Real
Property"), and all buildings, fixtures, equipment, structures, parking areas, landscaping,
appurtenances and other improvements constructed or situated on the Real Property and
owned by Seller ("Improvements") (the Real Property and Improvements hereinafter collectively
"Property'), for the price and upon all of the terms and conditions set forth herein. Buyer is
purchasing the Property for a public purpose, namely for redevelopment and all uses necessary
or convenient thereto.
1.2 Purchase Price. The purchase price ("Purchase Price") for the Property
shall be Four Hundred Thirty Five Thousand Dollars ($435,000), payable in cash. The purchase
price is broken down as follows: Land Value - $435,000. Within five (15) business days after
the date of execution hereof, Buyer shall deliver to Escrow Holder (as herein defined) cash in
the amount of Ten Thousand Dollars ($10,000.00) (the "Deposit") in the form of a cashier's
check, by a wire transfer, or other form acceptable to the Escrow Holder. The Deposit shall be
placed in an interest -bearing account and all interest accrued thereon shall increase and
become a part of the Deposit. On the close of escrow, the Deposit shall be applied toward the
cash payment of the Purchase Price. Prior to the close of escrow, the Deposit shall be fully
refundable to Buyer in 'the event this Agreement is terminated and Buyer is the non -defaulting
party. The remaining balance of the cash payment of the Purchase Price shall be deposited by
Buyer into Escrow in the form of a cashier's check, wire transfer, or other form acceptable to the
Escrow Holder, prior to the close of escrow.
R:\Oldtown\OTACQ\Purchase and Sale Agreement - Dixon.DOC
1.3 No Relocation Assistance. Seller hereby acknowledges and agrees that
the Property is owner occupied, and that the purchase and sale of the Property is being made in
the course of voluntary negotiations between Seller and Buyer resulting from Seller's having
offered the Property for sale. Seller shall have no further obligation to Buyer under the State
Eminent Domain Law or under the Relocation Assistance and Real Property Acquisition statutes
and guidelines, including but not limited to California Government Code Section 7260 et seq.
and Section 6000 et seq. of Title 25 of the California Code of Regulations, and the Seller hereby
waives any such assistance or benefits if applicable. Seller hereby further waives any and all
claims it may have now or in the future for compensation for relocation assistance, relocation
benefits, pre -condemnation damages, compensation for property or for loss of goodwill under
California Code of Civil Procedure Section 1263.510 et seq. or any other applicable law.
2. TITLE.
2.1 General. Title to the Property shall be conveyed by Grant Deed and shall
be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an
ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Paragraph
2.3 hereof) ("Title Policy"), the cost of which shall be borne by Buyer, issued by First American
Title Company, 3625 Fourteenth Street, Riverside, California 92501, (909) 787-1723; fax:
(909) 784-7956, Title Officer Debbie Newton ("Title Company"), with liability in the full amount of
the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens
and encumbrances and other matters affecting title to the Property, except:
2.1.1 Non -delinquent real property taxes; and
2.1.2 Such conditions, covenants, restrictions, and utility easements of
record as are approved by Buyer in its sole and absolute discretion. Notwithstanding anything
in the foregoing to the contrary, Buyer acknowledges approval of the following exceptions listed
in Schedule "B" of the Old Republic Title Company Preliminary Report dated as of November
10, 2003, Order No. 2607019692-55 (the "Preliminary Report"): 1, 2, 3, and 4.
2.2 Acts After Date of Agreement. During the period from the date of this
Agreement through the close of escrow, Seller shall not record, or file for record or permit to be
recorded or filed for record any document or instrument which will affect the title to or use of the
Property without the prior written consent of the Buyer, which consent shall not be unreasonably
withheld.
2.3 Option for ALTA Coverage. Buyer shall have the option of obtaining an
ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form
Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the ALTA
Extended Coverage Survey (the "Survey"); provided, that, Seller shall provide to Buyer, at no
cost to Buyer and within five (5) days after execution of this Agreement, a copy of Seller's most
recent survey, if any, prepared with respect to the Property. The cost of an ALTA Extended
Coverage Form Policy of Title Insurance shall be borne by Buyer.
R:\Oldtown\OTACQ\Purchase and Sale Agreement- Dixon.DOC
3. RIGHT OF ENTRY.
3.1 Seller hereby grants Buyer and its agents, employees, contractors and
subcontractors (collectively "Representatives") the right of entry to the Property at reasonable
times for the purpose of conducting soils and geological investigation and testing for toxic or
hazardous substances and other contamination. Such investigation shall be at Buyer's
expense.
3.2 Buyer shall deliver advance written notice to the Seller of its intention to
enter the Property to conduct activities pursuant to this Paragraph 3 at least one (1) business
day prior to any entry onto the Property. Such notice of entry shall include the proposed dates
and times of such entry, and the nature, specific location and scope of any test, investigation, or
other activity upon the Property. Seller and it representatives shall have the right to accompany
and observe all of Buyer's and its Representatives' activities on the Property.
3.3 All work performed by Buyer and its Representatives will be performed
diligently and in a manner consistent with the standards of care, diligence and skill exercised by
recognized consulting firms for similar services, and in accordance with all regulatory and good
management standards and the requirements of any governmental agency or entity and all
applicable laws.
3.4 Buyer and its Representatives shall promptly notify the Seller of any
discovery, spill, release, or discharge of any "Hazardous Materials", as defined in Paragraph 5,
on, under or about the Property which is discovered, encountered, or results from or is related to
the Buyer's or its Representatives' access to and/or use of the Property under this Agreement.
3.5 Buyer and its Representatives shall remove from the Property any wastes
and Hazardous Materials used in or generated by the activities of Buyer or its Representatives
on the Property no later than the date of completion of their environmental investigation
activities and operations on the Property.
3.6 In connection with the use of the Property by Buyer and its
Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep
the Property, and any improvements and personalty thereon, in good order and repair and safe
condition to the extent that such Property, improvements or personalty were in such condition
prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition,
including, without limitation, ensuring that any holes, ditches or other indentations, as well as
any mounds or other inclines created by any excavation by Buyer or its Representatives are
regraded, resurfaced and compacted. If any portion of the Property or an adjacent property,
including improvements and fixtures, suffers damage or alteration by reason of the access and
activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and
expense, promptly repair all such damage and restore the Property or adjacent property to as
good a condition as before such damage or alteration occurred, or if it cannot be repaired,
Buyer shall replace such damaged or altered property to the extent possible.
3.7 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify,
and hold free and harmless Seller and its employees, agents, and representatives, and their
R:\Oldtown\OTACQ\Purchase ar d Sale Agreement - Dixon.DOC
successors, and assigns (individually as "Indemnitee" and collectively, "Indemnitees"), free and
harmless from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature
whatsoever ("Claims'), including fees of accountants, attorneys, expert witnesses, or other
professionals, and all costs associated therewith, arising or claimed to arise, directly or
indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or
omission of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly,
out of, in connection with, resulting from, or related to entry upon the Property pursuant to this
Paragraph 3, except for that portion or percentage of a Claim against an Indemnitee based on
the comparative negligence, gross negligence or willful misconduct of such Indemnitee.
4. ESCROW.
4.1 Agreement to Constitute Escrow Instructions. This Agreement shall
constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for
this purpose.
4.2 Escrow Holder. The escrow shall be opened with First American Title
Company, 3625 Fourteenth Street, Riverside, CA 92501, (909) 787-1723, fax: (909) 784-7956,
Attention: Debbie Newton (dnewton@firstam.com) ("Escrow Holder'), within five (5) business
days after the execution of this Agreement by Buyer and Seller by depositing an executed copy
or executed counterparts of this Agreement with Escrow Holder. This document shall be
considered as the escrow instructions between the parties, with such further instructions as
Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder. If
Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare
such escrow instructions on its usual form for the purchase and sale of the Property upon the
terms and provisions hereof. Provided such further escrow instructions are consistent with this
Agreement, they shall be promptly signed by Buyer and Seller within five (5) business days after
delivery thereof to each party. The further escrow instructions shall incorporate each and every
term of this Agreement and shall provide that in the event of any conflict between the terms and
conditions of this Agreement and such further escrow instructions, the terms and conditions of
this Agreement shall control. Escrow Holder shall not be held liable for the sufficiency or
correctness as to form, execution or validity of any instruments deposited in this escrow (other
than those documents prepared by Escrow Holder), or as to identity, authority or rights of any
person executing the same, and Escrow Holder's duties hereunder shall be limited to the
safekeeping of such money, instruments or other documents received by Escrow Holder and for
the disposition or return of same in accordance with the instructions herein. The parties hereto
agree jointly and severally to pay on demand, as well as to indemnify and hold Escrow Holder
harmless from and against, all costs, damages, judgments, reasonable attorneys' fees,
expenses and liabilities of any kind or nature which Escrow Holder may incur or sustain in good
faith in connection with or arising out of this escrow which are not due to Escrow Holder's
negligence or willful misconduct.
4.3 Opening of Escrow. Escrow shall be deemed open on the date of
delivery to the Escrow Holder of a fully executed copy or executed counterparts of this
Agreement.
RA0ldtown\0TACQ\Purchase and Sale Agreement - Dixon.DOC
4.4 Close of Escrow. Provided all of Seller's and Buyer's obligations to be
performed on or before close of escrow have been performed and all the conditions to the close
of escrow set forth in this Agreement have been satisfied, escrow shall close on or before
January 22, 2004 ("Closing Date"). All risk of loss or damage with respect to the Property shall
pass from Seller to Buyer at the close of escrow. Possession of the Property shall be delivered
to Buyer upon the close of escrow. Notwithstanding anything in this Agreement to the contrary,
escrow shall be deemed automatically terminated if it has not otherwise closed by January 31,
2004, regardless of cause or fault.
4.5 Buver Required to Deliver. On or before the close of escrow Buyer shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.5.1 The Purchase Price; and
4.5.2 All other documents contemplated by this Agreement and required
by Escrow Holder to be deposited by Buyer to carry out this escrow.
4.6 Seller Reouired to Deliver. Before the close of escrow, Seller shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.6.1 A Grant Deed conveying the Property to Buyer;
4.6.2 A non -foreign affidavit with respect to Seller; and
4.6.3 Any other documents contemplated by this Agreement or required
by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow.
4.7 Conditions to the Close of Escrow. Escrow shall not close unless and
until both parties have deposited with Escrow Holder all sums and documents required to be
deposited as provided in this Agreement. The failure of a party to timely deposit any such sums
and/or documents shall constitute a default by such party. Furthermore, escrow shall not close
unless Seller shall be able to deliver possession of the Property to Buyer free of all tenants,
leases and/or agreements. Seller agrees to indemnify, protect, hold harmless and defend Buyer
and its employees, agents, representatives, council members, attorneys, successors and
assigns from and against any and all claims raised after closing by tenants raising or seeking
any rights to relocation assistance or benefits based on their tenancy on the Property prior to
the sale hereunder. In addition to the closing conditions set forth above, Buyer's obligation to
proceed with the transaction contemplated by this Agreement is subject to the satisfaction, not
later than the date that is fifteen (15) days after the date hereof ("Contingency Date"), of all of
the following conditions precedent, which are for Buyer's benefit and may be waived only by
Buyer:
4.7.1 Seller shall have performed all agreements to be performed by
Seller hereunder;
4.7.2 Seller's representations, warranties and covenants set forth in this
Agreement shall be true; and correct as of the Contingency Date, and continue to be true and
correct as of the Closincl Date;
R:\Oldtown\OTACQ\Purchase and Sale Agreement- Dixon.DOC
4.7.3 Buyer's approval, in its sole and absolute discretion, of the results
of such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or
water contamination tests and analyses as Buyer or its agents, employees or representatives
may, prior to the Closing Date, perform with respect to the Property;
4.7.4 As of the Closing Date, there shall have been no material adverse
changes in the physical condition of the Property, as described in Paragraph 6 or otherwise;
4.7.5 Verification by Buyer that Seller is the owner of record of the
Property and that there are no other owners of record of the Property as of the Closing Date;
4.7.6 Title Company shall have issued or shall have committed to issue
the Title Policy to Buyer, for the amount of the Purchase Price showing fee title to the Property
to be vested in Buyer; subject only to such conditions, covenants, restrictions, and utility
easements of record as are approved by Buyer in its sole and absolute discretion; and
4.7.7 Approval of this Agreement by the City Council of the City of
Temecula
Neither Buyer nor Seller shall act or fail to act for the purpose of permitting or
causing any closing condition to fail. Waiver of any condition to close of escrow shall not relieve
any party for liability resulting from breach of any representation, warranty, covenant or
agreement under this Agreement. In the event that the conditions to close of escrow are not
timely satisfied for a reason other than a default of Buyer or Seller under this Agreement:
(i) This Agreement, the escrow and the rights and obligations of Buyer and
Seller hereunder shall terminate, except as otherwise provided herein; provided, however, no
such termination shall occur until (A) Buyer has had the opportunity to waive any condition for
Buyer's benefit within hvo (2) business days after the later of Buyer's receipt of written notice
from Seller or Buyer's discovery that such condition will not be satisfied, and (B) Buyer does not
elect to waive such condition; and
(ii) Escrow Holder, upon such termination, is hereby instructed to promptly
return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer
in escrow and to return to Seller all funds and documents deposited by Seller in escrow and
which are held by Escrow Holder on the date of the termination (less, in the case of the party
otherwise entitled to such funds, however, the amount of any cancellation charges required to
be paid by such party under Paragraph 4.12 below).
4.8 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds
and instruments described in this Paragraph 4, Escrow Holder shall cause the Grant Deed to be
recorded in the office of the County Recorder of Riverside County, California. Thereafter,
Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges) to Seller.
4.9 Prorations. All real and personal property taxes, liens and assessments
shall be prorated between Buyer and Seller as of the close of escrow based on the latest
available tax information or, at Seller's election, such taxes, liens and assessments may be paid
in full through escrow to the lienholder from the Deposit, so long as the Deposit is sufficient to
RAOldtown\OTACO\Purchase and Sale Agreement- Dixon.DOC
satisfy all outstanding liens. If such liens are paid through escrow, Escrow Holder shall cause
the liens to be discharged and the discharge recorded prior to conveyance of fee title of the
Property to Buyer. Any supplemental or escape real estate taxes and assessments on the
Property attributable to the period prior to the close of escrow shall be paid by Seller outside of
the escrow. All prorations shall be determined on the basis of a 360-day year.
4.10 Costs of Escrow.
4.10.1 Seller shall pay:
(a) The cost of any obligations of Seller hereunder.
4.10.2 Buyer shall pay:
(a) All escrow fees and costs associated with the purchase of
the subject real property;
(b) The cost of recording the Grant Deed, if any;
(c) The cost of documentary transfer taxes in connection with
the recordation of the Grant Deed, if any;
(d) The cost of any obligations of Buyer hereunder; and
(e) Any other closing costs or charges not expressly provided
for herein and customarily paid by a Buyer of real property
in Riverside County, California.
4.11 Broker's Commission. Buyer and Seller represent to one another that no
broker or finder has been engaged in connection with the transaction contemplated by this
Agreement, or to its knowledge is in any way connected with such transaction. Seller covenants
and agrees that any broker fee or commission, which may be due or payable in connection with
the closing of the transaction contemplated by this Agreement, shall be borne solely by Seller.
Seller agrees to indemnify, defend, protect and hold harmless Buyer and its respective
employees, agents, representatives, council members, attorneys, successors and assigns, from
and against all claims of any agent, broker, finder or other similar party arising from or in
connection with the sale of the Property to Buyer.
4.12 Escrow Cancellation Charges. In the event that this escrow shall fail to
close by reason of the default of either party hereunder, the defaulting party shall be liable for all
escrow and title cancellation charges. In the event that the escrow shall fail to close for any
other reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges.
REPRESENTATIONS AND WARRANTIES BY SELLER.
In consideration of Buyer's entering into this Agreement and as an inducement to
Buyer to purchase the Property, Seller makes the following representations and warranties,
each of which is material and is being relied upon by Buyer (the continued truth and accuracy of
R:\Oldtown\OTACQ\Purchase and Sale Agreement - Dixon.DOC
which shall constitute a condition precedent to Buyer's obligations to close hereunder and each
of which shall survive the close of escrow):
5.1 This Agreement has been duly and validly authorized, executed and
delivered by Seller and no other action is requisite to the valid and binding execution, delivery
and performance of this Agreement by Seller;
5.2 There are no suits pending against or affecting or, to the best of Seller's
knowledge, without having made investigation thereof, threatened against the Property or its
use, whether in law or at equity;
5.3 Other than as disclosed in this Agreement, no joinder, consent, or waiver
of or by any third party is necessary to permit the consummation by Seller of the transaction
contemplated pursuant to this Agreement;
5.4 To Seller's best knowledge, there are no materials, reports and
information in Seller's possession relating to the Environmental Condition (any condition that
exists prior to or after the Closing Date, with respect to the air, land, soil, surface, subsurface
strata, surface water, ground water, storm water or sediments) of the Property, and there are no
outstanding environmental remediation orders or decrees (federal or state) regarding the
Property. Seller shall deliver to Buyer any materials and reports relating to the Environmental
Condition of the Property which comes into Seller's possession, and any information relating to
the Environmental Condition of the Property of which Seller becomes aware;
5.5 To the best of Seller's knowledge, Seller is not aware of the existence of
any violation of law or violation of governmental regulation with respect to the Property,
including any Environmental Laws, as hereinafter/ defined;
5.6 There are no pending, or to the best of Seller's knowledge, without having
made investigation thereof, threatened proceedings in eminent domain, which would affect the
Property, or any portion thereof;
5.7 To the best of Seller's knowledge there has been no production, disposal
or storage on the Property of any Hazardous Materials (as hereinafter defined) by Seller or any
of the contractors, agents, employees or representatives of Seller or, to the best of Seller's
knowledge, any previous owner or current or previous tenant of the Property; and to the best of
Seller's knowledge, there has not been any other activity on the Property which could have
resulted in the deposit or release on the Property of Hazardous Materials, or the violation of any
Environmental Laws, or which could result in any proceeding or inquiry by any authority with
respect thereto;
5.8 Seller is not a "foreign person" within the meaning of Internal Revenue
Code 1445; and
5.9 As of the Closing Date, there shall be no leases and/or other agreements
in existence affecting the Property.
RAOldtown\OTACOWurchase and Sale Agreement - Dixon.DOC
The term "Hazardous Materials' shall mean and include the following, including
mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or
constituent regulated under the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601 et sec; oil and petroleum products and natural gas, natural
gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under
the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et sec; asbestos
and asbestos -containing materials, PCBs and other substances regulated under the Toxic
Substances Control Act, 15 U.S.C. Section 2601 et se ; source material, special nuclear
material, by-product material and any other radioactive materials or radioactive wastes, however
produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982;
chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200
et sec; industrial process and pollution control wastes, whether or not hazardous within the
meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any
substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or
California Code of Civil Procedure Section 736(f)(3); and any other substance or material
regulated by any Environmental Laws.
The term "Environmental Laws" shall mean and include all federal, state and
local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to
environmental quality, health, safety, contamination and clean-up, including, without limitation,
the Clean Air Act, 42 U.S.C. Section 7401 et sec ; the Clean Water Act, 33 U.S.C. Section 1251
et sec; and the Water Quality Act of 1987, the Federal Insecticide, Fungicide, and Rodenticide
Act 7 U.S.C. Section 136 et sec ; the Marine Protection, Research, and Sanctuaries Act,
33 U.S.C. Section 1401 et sec; the National Environmental Policy Act, 42 U.S.C. Section 4321
et sec; the Noise Control Act, 42 U.S.C. Section 4901 et sec; the Occupational Safety and
Health Act, 29 U.S.C. Section 651 et sec; the Resource Conservation and Recovery Act 42
U.S.C. Section 6901 et sec; as amended by the Hazardous and Solid Waste Amendments of
1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et sec; the Comprehensive
Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et sue; as
amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning
and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the
Toxic Substances Control Act 15 U.S.C. Section 2601 et sec; the Atomic Energy Act, 42 U.S.C.
Section 2011 et seer; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et
sec; and state and local environmental statutes and ordinances, with implementing regulations
and rules in effect on or prior to the date hereof.
6. EMINENT DOMAIN OR TAKING; PHYSICAL DAMAGE OR DESTRUCTION.
6.1 If, prior to the close of escrow, any material portion of the Property is
taken or if the access thereto or available parking area therefor is reduced or restricted by
eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated
taking which has not been consummated, other than any such taking prosecuted by or on behalf
of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have
the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to
Seller given not later than ten (10) business days after receipt of Seller's notice. If Buyer does
not exercise this option to terminate this Agreement, neither party shall have the right to
terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall
be entitled to receive and keep, all awards for the taking by eminent domain which accrue to
R:\Oldtown\OTACQ\Purchase and Sale Agreement - Dixon.DOC
Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without
modification of the terms of this Agreement and without any reduction in the Purchase Price
(except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any eminent domain
proceeding without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
6.2 If, prior to the close of escrow, any material portion of the Property is
physically damaged or destroyed due to any cause, natural or otherwise, including, without
limitation, (i) fire or flooding, (ii) any destructive seismic or geological conditions such as any
earthquake or tremor, subsidence, or unstable subsurface conditions; or (iii) a condition arising
from any discharge of Hazardous Materials or other violation of any Environmental Laws, Seller
shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its
sole and absolute discretion, to terminate this Agreement upon written notice to Seller given not
later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this
option to terminate this Agreement, neither party shall have the right to terminate this
Agreement, but the Seller shall assign and turn over, and the Buyer shall be entitled to receive
and keep, all insurance proceeds paid by Seller's insurer in connection with such damage or
destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof,
without modification of the terms of this Agreement and without any reduction in the Purchase
Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any such damage and
destruction without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to
herein are incorporated in this Agreement as though fully set forth herein.
8. ATTORNEYS' FEES. In any action between Buyer and Seller seeking
enforcement of any of the terms and provisions of this Agreement, or in connection with the
Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive
or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable
attorneys' fees and reasonable fees of expert witnesses.
9. NOTICE,;. All notices, requests, demands and other communication given or
required to be given hereunder shall be in writing and personally delivered, sent by first class
United States registered or certified mail, postage prepaid, return receipt requested, or sent by a
nationally recognized courier service such as Federal Express, duly addressed to the parties as
follows:
To Buyer: City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589
Attention: John Meyer
Tel: (909) 694-6412
Fax: (909) 693-3903
R:\Oldtown\OTACQ\Purchase and Sale Agreement - Dixon. DOC
With a Copy To: Richards, Watson and Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071- 3101
Attention: Peter Thorson
Tel: (213) 626-8484
Fax: (213) 626-0078
To Seller: Marion L. Dixon, Trustee
c/o Dixon Family Trust
24962 Calle Aragon #B426
Laguna Woods, CA 91765
To Escrow Holder: First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Tel: (909) 787-1723
Fax: (909) 784-7956
Attention: Debbie Newton, Title Officer
Delivery of any notice or other communication hereunder shall be deemed made
on the date of actual delivery thereof to the address of the addressee, if personally delivered,
and on the date indicated in the return receipt or courier's records as the date of delivery or as
the date of first attempted delivery, if sent by mail or courier service. Any party may change its
address for purposes of this Paragraph 10 by giving notice to the other party and to Escrow
Holder as herein provided.
10. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned
by either party without the prior written consent of the other party.
11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, and their successors and assigns.
12. ENTIRE .AGREEMENT. This Agreement contains all of the agreements of the
parties hereto with respect to the matters contained herein, and all prior or contemporaneous
agreements or understandings, oral or written, pertaining to any such matters are merged
herein and shall not be: effective for any purpose. No provision of this Agreement may be
amended, supplemented or in any way modified except by an agreement in writing signed by
the parties hereto or their respective successors in interest and expressly stating that it is an
amendment of this Agreement.
13. ENFORCEMENT OF AGREEMENT BY SELLER. If the sale of the Property is
not consummated as a result of the Buyer's material default hereunder, then Seller may enforce
R:\Oldtown\OTACQ\Purchase and Sale Agreement - Dixon.DOC
its rights hereunder by an action against Buyer for damages, resulting from the material breach
of this Agreement by Buyer.
14. ENFORCEMENT OF AGREEMENT BY BUYER. It is agreed that the rights
granted to Buyer by Seller hereunder are of a special and unique kind and character, and that, if
there is a breach by Seller of any material provision of this Agreement, Buyer would not have
any adequate remedy at law. It is expressly agreed, therefore, that Buyer's rights hereunder
may be enforced by an action for specific performance and such other equitable or legal relief
as is provided under the laws of the State of California.
15. HEADINGS. The headings of this Agreement are for purposes of reference only
and shall not limit or define the meaning of the provisions of this Agreement.
16. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument.
17. SURVIVAL. Any provision hereof which is executory as of the Closing Date and
all representations and warranties shall survive such close of escrow and delivery of the Grant
Deed and shall continue to be a binding provision on the parties hereto according to its terms.
18. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
19. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is
intended to confer upon any person, other than the parties hereto and their successors and
assigns, any rights or remedies under or by reason of this Agreement.
20. SEVERABILITY. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by
a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein, unless such invalidity, illegality or
unenforceability materially affects the economic terms of the transactions contemplated by this
Agreement or the ability of either party to perform its obligations under this Agreement. In such
case, either party may terminate this Agreement and the escrow upon written notice to the other
party given no later than ten (10) business days after the party giving such notice becomes
aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds
deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to
Buyer.
21. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further
acts and to execute, acknowledge and deliver any further documents that may be reasonably
necessary to carry out the provisions of this Agreement.
22. IRREVOCABLE OFFER BY SELLER. Seller's execution and delivery to Buyer of
this Agreement shall constitute an offer to sell the Property pursuant to the terms stated herein,
which offer shall be irrevocable by Seller, provided that Buyer accepts such offer by executing
and returning to Seller a counterpart of this Agreement on or before March 12, 2004. Seller
R:\Oldtown\OTACQ\Purchase and Sale Agreement - Dixon.DOC
understands and agrees that Buyer is a governmental entity which must schedule and hold one
or more meetings of its governing body in order to authorize Buyer's acceptance of this offer
and that Buyer is relying on the irrevocability of this offer in processing it for consideration by the
City Council of the City of Temecula and its governing body. Seller further acknowledges and
agrees that this Agreement is tendered under the provisions of California Evidence Code
Section 1152, and in the; event this Agreement is not fully executed by the parties hereto, or is
terminated for any reason whatsoever, this Agreement shall not be admissible to prove Buyer's
liability in inverse condemnation, for precondemnation damages or otherwise, and may not be
used as an admission of value in any eminent domain or other proceeding.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
"SELLER"
MARION L. DIXON
DIXON FAMILY TRUST
dated February 22, 1980
MARION L. DIXON
APPROVED AS TO FORM:
Richards, Watson & Gershon
-32
Peter Thorson, City Attorney
R:\Oldtown\OTACQ\Purchase and Sale Agreement - Dixon.DOC
"BUYER"
THE CITY OF TEMECULA, a municipal
corporation
By:
Jeff Stone, Mayor
Attest:
Susan Jones, City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
.09, .17 AND .36 Acre, more or less, in Lots 3,4,5,6,8, 10 and 11 of Block 4, Map Book
015, Page 726 of Maps, SD Town of Temecula, in the City of Temecula, County of
Riverside, State of California, according to records of the County Assessor of said
County.
12012-0001\749075v1.doc A-1 12/02/03
ITEM 9
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: AW'illiam G. Hughes, Director of Public Works/City Engineer
DATE: March 16, 2004
SUBJECT: Authorize Temporary Street Closure of Third Street between Old Town Front
Street and Murrieta Creek forthe Annual Old Town Bluegrass Festival event
scheduled for March 21 and 22, 2004 and Delegate Authority to Issue a
Special Events/Street Closures Permit to the Director of Public Works/City
Engineer.
PREPARED BY: q� Ronald J. Parks, Deputy Director of Public Works
k-Sieve Charette, Associate Engineer
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO.2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF
THIRD STREET BETWEEN OLD TOWN FRONT STREET AND
MURRIETA CREEK FOR THE ANNUAL OLD TOWN BLUEGRASS
FESTIVAL EVENT SCHEDULED FOR MARCH 21 AND 22, 2004
AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING
STREET CLOSURES
BACKGROUND: The Old Town Bluegrass Festival event is scheduled for March 21 and 22,
2004 from 11:00 AM to 5:00 PM each day. The actual street closure will occur between the hours of
6:00 AM and 6:00 PM daily. This event will include blue grass bands from California and Arizona
joining in a weekend of picking and fiddle playing. The Bluegrass Festival will offer traditional
Appalachian Bluegrass, fiddlers, and hybridized Country/Bluegrass bands. All entertainment is free.
The event will also include food vendors, craft vendors, children's programs and exhibits.
The event will require assistance from the Public Works Department by providing support services
for the street closure, public safety monitoring, and the permit process.
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 street for celebrations, parades, local
special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the
R:\AGENDA REPORTS\2004\031604\Bluegrass Festival Street Closure.DOC
closing is necessary for the safety and protection of persons who are to use that portion of the street
during the temporary closing".
The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards
and procedures for special events on public streets, highways, sidewalks, or public rights -of -way.
This resolution set forth processes for staff reviewing applications, denying approval or approving
subject to conditions including events requiring changes in normal traffic patterns, and an appeal
process to the City Manager. However the resolution did not delegate authority to temporarily close
streets for these special events.
The subject resolution delegates the authority to approve temporary street closures for this specific
event, Old Town Bluegrass Festival, to the Director of Public Works/City Engineer. All other special
events requiring temporary street closures, construction -related closures, etc, shall remain subject to
the approval of the City Council subject to rules and regulations established by the City Council.
These rules and regulations shall also be adopted by resolution in accordance with California
Vehicular Code Section 21101.
Some partial closures, such as limiting lane widths for construction purposes or partial closures for
block parties on cul-de-sac streets only do not require full street closures. These and similar partial
street closures or restrictions are not submitted for similar resolutions in order to reduce or eliminate
the administrative impact on City Council and staff time.
FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of
necessary warning and advisory devices by the Public Works Department are included in budgetary
items.
ATTACHMENTS:
1. Resolution No. 2004
2. Vicinity Map
RAGENDA REPORTS\2004\031604\Bluegrass Festival Street Closure.DOC
RESOLUTION NO.2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF
THIRD STREET BETWEEN OLD TOWN FRONT STREET AND
MURRIETA CREEK FOR THE OLD TOWN BLUEGRASS
FESTIVAL EVENT SCHEDULED FOR MARCH 20 AND 21, 2004
AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING
STREET CLOSURES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
WHEREAS, the California State Vehicular Code provides for the promulgation of rules and
regulations for the temporary closure of public streets by local authorities by Resolution; and
WHEREAS, the City Council desires to establish rules and regulations for the temporary
closure of public streets in the interest of promoting safety and protection; and
WHEREAS, the City of Temecula sponsors the Old Town Bluegrass Festival event, forwhich
such temporary street closure on Third Street between Old Town Front Street and the Murrieta
Creek promotes the safety and protection of persons using or proposing to use that street for the
special event; and
WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily
close Third Street for the Old Town Bluegrass Festival event scheduled for March 20 and 21, 2004;
and,
NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City
Engineer to approve the temporary street closure of Third Street for the Old Town Bluegrass
Festival event, and to establish the general rule that all other proposed temporary street closures
shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and
THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby
authorizes the Director of Public Works/City Engineer to permit the temporary street closure of Third
Street for the Old Town Bluegrass Festival event scheduled for March 20 and 21, 2004, and affirms
the general rule that all other temporary public street closures shall be approved or denied approval
by the City Council.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 161" day of March, 2004.
ATTEST:
Susan W. Jones, CMC
City Clerk
Michael S. Naggar, Mayor
R:\AGENDA REPORTS\2004\031604\Bluegrass Festival Street Closure.DOC
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Susan W. Jones, CIVIC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 2004- was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the 16th day of March, 2004, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Susan W. Jones, CIVIC, City Clerk
4
R:WGENDA REPORTS\2004\031604\Bluegrass Festival Street Closure.DOC
f
[J,Couat-ty '' Poch Stage 12x16' stage;4,4inch lhgs 20x2
Is, STREET STREET CLOSED ,
c6 Coff8e,� fgeg In Parking Lot with'1.2_ x 16 Stage*
❑ Wi4&ctus Stage.' In Parking Lot with 12x 16 stage,
♦ Vendors See Attached
Jailhouse Courtyard Jam Sessions and/or workshops
RV PARKING " Portapotties
VICINITY MA1'
r
f
ITEM 10
APPROVAL,
DIREROF FINA
CITY
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Cry I William G. Hughes, Director of Public Works/City Engineer
DATE: March 16, 2004
SUBJECT: Amendment No. 2 to Annual Citywide Routine Maintenance Contract
PREPARED BY:64 Bradley A. Buron, Maintenance Superintendent
RECOMMENDATION: That the City Council approve Amendment Number 2 to the Annual
Citywide Routine Maintenance Contract with Imperial Paving Company, Inc. for an amount of
$50,000.00 and authorize the Mayor to execute the amendment.
BACKGROUND: On June 24, 2003 the City Council approved the Annual Citywide Routine
Maintenance Contract with Imperial Paving Company, Inc. to provide citywide routine maintenance
and construction work throughout the City in the amount of $100,000.00. This work generally ran
in costs from over $1,000 to under $25,000 and involves miscellaneous repairs to asphalt roads
and A.C. berm projects that are too large for in-house crews.
Amendment No. 1 was approved by City Council on October 22, 2003 in the amount of $100,000.00
for necessary A.C. repairs on Pechanga Parkway. Because of this project it was necessary to
increase the amount of the annual contract to prepare for the upcoming winter months to provide for
additional emergency A.C.. street surface repairs.
Amendment No. 2 in the amount of $50,000.00 is necessary due to asphalt repairs that need be
completed at various locations prior to the Slurry Seal Project proceeding.
Although we also have other contractors available under contract, some of the types of services
provided by others are limited and Imperial Paving Company, Inc. has been the most consistently
available and responsive. The additional contractors on contract are specialized in different area's
of construction and do not perform the same job tasks as Imperial Paving Company, Inc. This has
resulted in their contract being exhausted sooner.
The requested Amendment No. 2, and Amendment No. 1 to Imperial Paving Company, Inc. and the
original contract for a total amount of $250,000.00.
FISCAL IMPACT: Adequate funds have been budgeted in the FY2003-04 Public Works
Maintenance Division, Routine Street Maintenance and Drainage Facility Maintenance for the
original contract amount of $100,000.00 plus Amendment No. 1 in the amount of $100,000.00 and
Amendment No. 2 in the amount of $50,000.00 for a total contract amount of $250,000.00.
ATTACHMENT:
1. Amendment No. 1
2. Agenda Report June 24, 2003
RAAgenda Reports\2004\031604\Imperial Pave Amend 2
SECOND AMENDMENT TO ANNUAL MAINTENANCE
CONTRACT
BETWEEN CITY OF TEMECULA AND
IMPERIAL PAVING COMPANY, INC.
THIS SECOND AMENDMENT is made and entered into as of March 16, 2004 by and
between the City of Temecula, a municipal corporation ("City') and Imperial Paving Company, Inc.
("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
This Amendment is made with respect to the following facts and purposes:
A. On June 24, 2003 the City and Contractor entered into that certain agreement
entitled "City of Temecula Agreement in the amount of $100,000.00 for Citywide Routine Street
Maintenance" ("Contract").
B. The Contract was amended on October 22, 2003, in the amount of
$100,000.00 to provide for additional Citywide Routine Street Maintenance ("Contract")
C. The Parties now desire to amend the Agreement in the amount of $50,000.00
for additional Citywide Asphalt Street Repairs as set forth in this Amendment.
D. The parties now desire to amend the Agreement as set forth in this
Amendment.
Section 3 of the Agreement is hereby amended to read as follows:
a. Contractor shall be compensated for actual work performed on the basis of
the labor,3nd equipment rates set forth in Exhibit "B", Labor and Equipment Rates,
attached hereto and incorporated herein as though set forth in full, the cost of
materials approved by the Director pursuant to the procedures set forth in Exhibit "A".
The Second Amendment is for an amount not to exceed Fifty Thousand Dollars
and No Gents ($50,000.00) is to provide for additional Citywide Asphalt Street
Repairs for the upcoming Slurry Seal Project. The maximum amount of payment
under the First Amendment amount of One Hundred Thousand Dollars and No
Cents ($100,000.00) and the original Contract amount of One Hundred Thousand
Dollars and No Cents ($100,000.00) shall not exceed the total contract amount of
Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) unless a
higher amount is approved by the City Council by amendment to 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.
I
R: IMAIN(AINIWKORDERSICONTRACTMASTERS12003-200411MPER/AL 03-04 AMEND 2.DOC
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, CIVIC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
Imperial Paving Company, Inc.
13555 E. Imperial Highway
Whittier, CA 90605
(562) 523-0975
Fritz Coy, Secretary Treasure
2
R:IMAINTAINIWXORDERSICONTRAGTMASTERS12003-2004VMPERIAL 03-04 AMEND 2.DOC
ITEM 11
AHFKUVAL
CITY ATTORNEY(
DIRECTOR OF FINANCE
CITY MANAGER Cam_
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: William G. Hughes, Director of Public Works/City Engineer
DATE: March 16. 2004
SUBJECT: A I -Way Stop Control — La Serena Way and Meadows Parkway
PREPARED BY: Ali Moghadam, Principal Engineer -Traffic
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ALL -WAY STOP CONTROL AT
THE INTERSECTION OF LA SERENA WAY AND MEADOWS
PARKWAY
BACKGROUND: In the past, staff has received requests to considerthe installation of
stop signs at the intersection of La Serena Way and Meadows Parkway to reduce vehicular speeds
and provide a controlled crossing for students attending Rancho Elementary School. Currently, the
students crossing this intersection are supervised by an adult crossing guard.
A Multi -Way Stop Warrant Analysis was performed for the intersection to determine if the minimum
warrant criteria for the installation of an All -Way Stop Control were satisfied. At their meeting of
February 26, 2004, the Public/Traffic Safety Commission considered the request and approved (4-0)
the staff recommendation to establish an interim All -Way Stop Control at the intersection of La
Serena Way and Meadows Parkway. The preliminary traffic signal plans have been completed and
we anticipate installation of the traffic signal in approximately seven (7) months.
FISCAL IMPACT: Funds are available in Public Works Signing and Striping Account.
ATTACHMENTS:
1. Resolution No. 2004-
2. Exhibit "A" — Location Map
3. Exhibit "B" — Public/Traffic Safety Commission Agenda Report — February 26, 2004
rAgenda Report12004k03l6\stoplaserenameadom.reso
RESOLUTION 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ALL -WAY STOP CONTROL AT
THE INTERSECTION OF LA SERENA WAY AND MEADOWS
PARKWAY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AND ORDER AS
FOLLOWS:
SECTION 1. The City Council has considered the facts justifying the need forthe stop signs
proposed for the location described in this resolution. The City Council hereby finds and determines
that installation of the stop signs pursuant to this resolution will enhance the public health and safety
and general welfare at this location and the proposed stop signs will not create any adverse
conditions in the area.
SECTION 2. Pursuant to Section 10.12.100, of the Temecula Municipal Code, the following
All -Way Stop intersection is hereby established in the City of Temecula.
La Serena Way and Meadows Parkway
SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of March 2004.
ATTEST:
Susan W. Jones, CMC, City Clerk
Michael S. Naggar, Mayor
rAgenda Report12004\03161stoplasemnameadows.mso
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Susan W. Jones, CIVIC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution Na. 2004- was duly and regularly adopted bythe City Council at a regular
meeting of the City Council on the 16th day of March 2004, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Susan W. Jones, CIVIC, City Clerk
OAgenda Report12004\0316\stopias mnameadows.reso
AGENDA REPORT
TO: Public/Traffic Safety Commission
FROM: Ali Moghadam, P.E., Senior Engineer, Traffic
DATE: February 26, 2004
SUBJECT: Item 5
Request for Multi -Way Stop Signs — Meadows Parkway and La Serena Way
RECOMMENDATION:
That the Public/Traffic Safety Commission recommend that the City Council adopt a resolution
establishing Multi -Way Stop signs at the intersection of Meadows Parkway and La Serena Way.
BACKGROUND:
The City has received several requests to review the feasibility of installing multi -way stop signs at
the intersection of Meadows Parkway and La Serena Way to reduce vehicular speeds and provide a
controlled crossing for students attending Rancho Elementary School. The public has been notified
of the Public/Traffic Safety Commission's consideration of this issue through the agenda notification
process.
Meadows Parkway is classified as a 76 foot wide four (4) lane Major Highway on the City's General
Plan Circulation Element with two travel lanes in each direction, a raised median and a bike lane in
each direction. The Average Daily Traffic (ADT) on Meadows Parkway is approximately4,800 south
of La Serena Way. The speed limit is posted at 45 MPH on Meadows Parkway.
La Serena Way is classified as a 64 foot wide four (4) lane Secondary Highway on the City's
General Plan Circulation Element with two travel lanes in each direction and a bike lane in each
direction. The ADT on La Serena Way is approximately 8,600 east of Meadows Parkway. The
speed limit is posted at 45 MPH on La Serena Way.
In order to evaluate the need for multi -way stop signs, entering vehicular volume data and accident
history was reviewed for the intersection. This data along with an evaluation of other roadway
conditions was used to perform a Multi -Way Stop Warrant analysis.
A review of the accident history for the twelve (12) month period from January 1, 2003 to December
31, 2003, indicates that there were 2 collisions at this intersection, which are susceptible to
correction by multi -way stop signs or traffic signals. The types of correctable collisions are right-
angle or left -turn collisions.
The Caltrans Traffic Manual indicates that the multi -way stop signs may be useful at locations where
the volume of traffic on intersecting roads is approximately equal and/or where a combination of high
speed, restricted sight distance and an accident history indicates that assignment of right-of-way is
r:\tmfftc\commissn\agenda\2004\0122\Promenade/ajp
necessary. Multi -way stop signs should not be used for controlling vehicular speed. There are
three (3) criteria that Caltrans has established for the evaluation of Multi -Way Stop signs. These
criteria are as follows:
Where signals are: warranted and urgently needed, the multi -way stop may be an interim
measure that can be installed quickly to control traffic while arrangements are being made
for the signal installations.
2. An accident problem, as indicated by five (5) or more reported accidents within a twelve
(12) month period of a type susceptible to correction by a multi -way stop installation. Such
accidents include right and left -turn collisions as well as right-angle collisions.
Minimum Traffic Volumes
a. The total vehicular volume entering the intersection from all approaches must
average at least 500 vehicles per hour for any eight (8) hours of an average day,
and
b. The combined vehicular and pedestrian volume from the minor street or highway
must average at least 200 units per hour for the same eight (8) hours, with an
average delay to minor street vehicular traffic of at least 30 seconds per vehicle
during the maximum hour, but
C. When the 85'" percentile approach speed of the major street traffic exceeds 40
miles per hour, the minimum vehicular volume warrant is 70 percent of the above
requirements.
The multi -way stop warrant: analysis performed forthe intersection indicates that the minimum traffic
volume warrant satisfies seventy percent (70%) of the requirements and multi -way stop signs are
warranted at this location. In this case the warrant is satisfied because the approach speed on La
Serena Way exceeds 40 MPH.
This location has been identified in the City's Capital Improvement Program for construction of a
traffic signal in Fiscal Year 2003/2004. The traffic signal is currently in the final design stages and
the design should be completed within the next month. The current schedule anticipates a "tum-on"
date of late Augustlearly September.
Since multi -way stop signs are warranted at this location and traffic signal controls are scheduled to
be in place in seven (7) months, staff recommends the installation of "interim" multi -way stop signs
at the intersection of La Serena Way and Meadows Parkway.
FISCAL IMPACT:
None
Attachment:
1. Exhibit "A" — Location Map
2. Exhibit "B" — Multi -Way Stop Warrant Analysis
r.\traffic\commissMagenda\2004\0122\Pmmenade/ajp
ITEM 12
APPROVAL
CITY ATTORNEY IWP
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECUAI
AGENDA REPORT
TO: City Manager/City Council
FROM: �M illiam G. Hughes, Director of Public Works/City Engineer
DATE: March 16, 2004
SUBJECT: Acquisition Agreement Between The City of Temecula and the Jubela
Family trust - French Valley Parkway/1-15 Overcrossing & Interchange -
Prcject No. PW02-11
PREPARED BY: Amer Attar, Principal Engineer
Marilyn Adarbeh, Property Agent
RECOMMENDATION: That the City Council:
Ratify the PURCHASE AND SALE AGREEMENT BETWEEEN THE CITY OF TEMECULA AND
ERNEST JOE and ETHYL B. JUBELA FAMILY TRUST, for the acquisition of certain real
property, APN 910-262-004, in the amount of $662,545.00 plus the associated escrow fees and
supercede the originally approved agreement in the amount of $611,580.00.
BACKGROUND: Parcel 20 on Tract Map 23561-2, APN 910-262-004, was appraised on
February 28, 2003 to have a value of $611,580. On March 18, 2003, the City Council approved
the appraisal report and authorized acquisition of the property. The offer was presented to the
property owner on April 28, 2003 and negotiations proceeded through October, 2003. At that
time, the appraisal was updated to assist in reaching a settlement with the property owner. The
new appraisal raised the value of the property by $1.00 per square foot. This updated appraisal
increased the value of the property to $662,545.00. The property owner agreed to the new
value and accepted the City's new offer. The agreement was signed on December 12, 2003.
The acquisition agreement was presented to the City Council for approval at the January 13,
2004 meeting. However, the report identified the acquisition amount to be $611,580, the original
appraised value and the original City offer to the property owner. This report amends the
acquisition agreement to the agreed upon acquisition cost of $662,545. This amount is within
the 10% contingency the City Council approved as part of the acquisition authorization on
March 18, 2003.
FISCAL IMPACT: The French Valley Parkway Interchange Project is funded through Capital
Project Reserves. The funds for the land acquisition have been budgeted in the Capital
Improvement Program, Fiscal Years 2003-2007. Adequate funds are available in Account No.
210-165-726-5700 for the total amended acquisition cost of $662,580.00, plus the associated
escrow fees.
ATTACHMENTS:
Purchase and Sale Agreement
R:\agdrpt\2003\0610\PW02-11 automall Agree
n
1
2
3
4
5
6
7
I
9
10
11
12
13
14
15
16
17
18
E1']
20
21
22
23
24
25
26
27
m
PROJECT: FRENCH VALLEY PARKWAY / INTERSTATE
15 OVERCROSSING AND INTERCHANGE
CITY OF TEMECULA
PROPERTY:3
APN: 910-262-004
AGREEMENT
OF PURCHASE AND SALE
THIS AGREEMENT is entered into by and between the CITY OF TEMECULA
("Buyer") and ERNEST JOE AND ETHEL B. JUBELA, CO -TRUSTEES OF THE
ERNEST JOE JUBELA AND ETHEL B. JUBELA FAMILY TRUST PURSUANT TO THE
FIRST AMENDMENT THEREOF DATED SEPTEMBER 1, 1989 ("Seller").
RECITALS
A. Seller owns certain real property located in the City of Temecula,
Riverside County, California, bearing Assessor Parcel No. 910-262-004, more
particularly described in Exhibit "A" attached hereto and made a part hereof (the
"Property').
B. Buyer desires to purchase a fee interest in Assessor's Parcel Number
910-262-004, shown on Exhibit "A" attached hereto and made a part hereof and Seller
desires to sell the Property.
C. The parties desire by this Agreement to provide the terms and conditions
for the purchase and sale of the Property.
AGREEMENT
The parties therefore agree as follows:
1. PURCHASE.
Buyer agrees to buy and Seller agrees to sell and convey the Property for the purchase
price and upon the terms and conditions hereinafter set forth.
2. ESCROW.
Upon execution of this Agreement by all parties, the parties shall open an
escrow (the "Escrow") with a reputable escrow company (the "Escrow Holder"), for the
purpose of consummating the purchase and sale of the Seller's interest in the Property
as described herein. The parties hereto shall execute and deliver to Escrow Holder
such escrow instructions prepared by Escrow Holder as may be required to
consummate the transaction contemplated by this Agreement. Any such instructions
shall not conflict with, amend, or supersede any provisions of this Agreement. If there is
any inconsistency between such instructions and this Agreement, this Agreement shall
Page 1 of 8
1 control unless the parties expressly agree in writing otherwise. The Escrow Instructions
2 shall include the following terms and conditions of sale:
3 2.1 Purchase Price.
4 The total purchase price for the Property shall be the sum of Six
Hundred Sixty Two Thousand Five Hundred Forty Five Dollars ($662,545.00). The
5 purchase price shall be paid by Buyer to Seller in cash at the Close of Escrow. Buyer
6 shall deposit prior to Close of Escrow the funds required to be deposited by it in order to
allow the Escrow to close.
7
2.2 Close of Escrow.
8
Escrow shall close on or before one hundred twenty (120) days
9 following the execution of this Agreement (the "Close of Escrow"). If Escrow is not in a
10 condition to close by the Close of Escrow, and the failure to close is due to unforeseen
conditions of title or interest of third parties in the Property that cannot be resolved in
11 Escrow, then Buyer may, at its option, request the cancellation of the Escrow and the
return of any funds it has deposited into Escrow. Thereupon, all obligations and
12 liabilities of thE! parties under this Agreement shall cease and terminate. If no such
13 request is made, Escrow shall be closed as soon as possible thereafter.
14 2.3 Condition of Title to Property.
15 Seller shall cause the conveyance of his interests in the Property to
Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ('Title
16 Policy") issued by a reputable title company (the "Title Company") in an amount equal to
17 the purchase price. The Title Policy shall show as exceptions with respect to the
Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any
18 exceptions to title representing monetary liens or encumbrances are hereby
disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause
19 the reconveyance, partial reconveyance, or subordination, as the case may be, of any
such monetary exceptions to Buyer's title to the Property at or prior to the Close of
20 Escrow.
21 2.4 Escrow and Closing Costs.
22
A. Because of Buyer's status as a public agency, no
23 documentary transfer tax will be payable with respect to this conveyance, pursuant to
California Revenue and Taxation Code Section 11922. Similarly, no recording fees will
24 be payable with respect to the recording of the Grant Deed, pursuant to Government
25 Code Section 27383. Buyer shall pay the cost of the Title Policy, the Escrow fees, and
all other costs and expenses incurred herein.
26
B. To the extent that Seller has prepaid any taxes or
27 assessments attributable to the Property; Seller shall be solely responsible for obtaining .
any refund due thereon from the taxing authority. Upon written request, Buyer shall
28 assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case
Page 2 of 8
l
2
3'
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
191
20
21
22
23
241
25
26
27
28
shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of
Escrow.
2.5 Deposit of Funds and Documents.
A. Prior to Close of Escrow, Buyer shall deposit into Escrow (i)
all Escrow and Closing Costs as described above; (ii) the purchase price to be paid to
Seller through Escrow; (iii) such other documentation as is necessary to close Escrow.
B. Prior to the Close of Escrow, Seller shall deposit into Escrow
(i) the properly executed Grant Deed for conveyance of Seller's interests in the Property
to Buyer; and (ii) such other documents and sums, if any, as are necessary to close
Escrow in conformance herewith.
2.6 Buyer's Conditions Precedent to Close of Escrow.
The Close of Escrow is subject to the following conditions:
A. All representations and warranties of Seller set forth in this
Agreement shall be true and correct as of the date of the Close of Escrow; and
B. Seller shall timely perform all obligations required by the
terms of this Agreement to be performed by them.
2.7 Seller's Conditions Precedent to Close of Escrow.
For the benefit of Seller, the Close of Escrow shall be conditioned
upon the timely performance by Buyer of all obligations required by the terms of this
Agreement.
c7� 7 I7:7x.9��� t�[ilrF _ ► I _ ORTA1011111Ix.YrMMINIUMN
Seller makes the following representations and warranties with respect to
the Property, each of which shall survive Close of Escrow:
A. The execution and delivery of this Agreement by Seller, Seller's
performance hereunder, and the consummation of the transaction contemplated hereby
will not constitute a violation of any order or decree or result in the breach of any
contract or agreement to which Seller is at present a party or by which Seller is bound;
B. To Seller's knowledge, no litigation and no govern -mental,
administrative or regulatory act or proceeding regarding the environmental, health and
safety aspects of the Property is pending, proposed or threatened;
C. Seller will not enter into any agreements or undertake any new
obligations prior to Close of Escrow which will in any way burden, encumber or
otherwise affect his interests in the Property without the prior written consent of Buyer;
Page 3 of 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
221
23
24
25
26
27
28
D. Seller has and shall have paid, before Close of Escrow, his pro rata
share of all taxes and assessments levied and assessed against the Larger Parcel. If
not paid prior to Close of Escrow, Seller hereby authorizes Escrow Holder to disburse to
the taxing authority, from funds otherwise due to Seller, an amount sufficient to satisfy
his pro rata share of said taxes and/or assessments; and
E. Seller is aware of his obligation under California Health and Safety
Code Section 25359.7 to disclose any knowledge which they may have regarding any
release of Hazardous Substances (as defined by applicable federal, state and local
statutes, rules and regulations) upon or under the Property. Seller warrants and
represents to Buyer that Seller is not aware that any such Hazardous Substances have
been generated, stored or disposed of upon or under the Larger Parcel.
4. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE.
A. By execution of his Agreement, Seller, on behalf of himself/herself,
his/her heirs, executors, administrators, successors and assigns, hereby acknowledges
that this Agreement provides full payment for the acquisition of the Property by Buyer,
and Seller hereby expressly and unconditionally waives any claim for damages,
relocation assistance benefits, interest, loss of goodwill, severance damages, claims for
inverse condemnation or unreasonable pre -condemnation conduct, or any other
compensation or benefits other than as already expressly provided for in this
Agreement, it being understood that this is a complete and full settlement of all
acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or
in connection with the acquisition of the Property by Buyer.
B. This Agreement arose out of Buyer's efforts to acquire the Property
through its municipal authority. Seller, on behalf of himself, his heirs, executors,
administrators, successors and assigns, hereby fully releases Buyer, its successors,
agents, representatives (including attorneys), and assigns, and all other persons and
associations, known or unknown, from all claims and causes of action by reason of any
damage which has been sustained by Seller, or may be sustained by Seller, as a result
of Buyer's efforts to acquire the Property or to construct the works of improvement
thereon, or any preliminary steps thereto. This Agreement does not, and shall not be
construed to, require Seller to indemnify Buyer for damages which may arise as a result
of Buyer's efforls to construct improvements on the Property.
C. Seller hereby acknowledges that Seller either has consulted with
legal counsel, or had an opportunity to consult with legal counsel, regarding the
provisions of the California Civil Code section 1542, which provides as follows:
"A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him
must have materially affected his settlement with the
debtor."
Page 4 of 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
20
21
22
23
24
25
26
27
28
Seller acknowledges that Seller may have sustained damage, loss,
costs or expenses which are presently unknown and unsuspected, and such damage,
loss, costs or expenses which may have been sustained, may give rise to additional
damage, loss, costs or expenses in the future. Nevertheless, Seller hereby
acknowledges that this Agreement has been negotiated and agreed upon in light of that
situation, and hereby expressly waives any and all rights which they may have under
California Civil Code Section 1542, or under any statute or common law or equitable
principal of similar effect.
D. Seller hereby agrees and consents to the dismissal of any
condemnation action which has been or may be commenced by Buyer in the Superior
Court of Riverside County to condemn said land, and waives any and all claim to money
that has been or may be deposited in court in such case or to damages by reason of the
filing of such action.
This acknowledgment and release shall survive the Close of Escrow.
5. REMEDIES.
If Seller defaults under this Agreement, then Buyer may, at Buyer's option,
terminate the Escrow or initiate an action for specific performance of this Agreement, in
addition to pursuing any other rights or remedies that Buyer may have at law or in
equity. If Buyer defaults under this Agreement, then Seller may, at Seller's option,
terminate the Escrow or pursue any rights or remedies that Seller may have at law or in
equity.
6. MISCELLANEOUS.
A. Notice. Any notice to be given or other document or documents to
be delivered to either party by the other hereunder may be delivered in person or may
be deposited in the United States Mail in the State of California, duly registered or
certified, with postage prepaid, and addressed as follows:
Seller: Ernest Joe and Ethel B. Jubela
3577 Via Loma Vista
Escondido, California 92029
Buyer: City of Temecula
43200 Business Park Drive
P. O. Box 9033
Temecula, California 92589-9033
Any notice or other document sent by registered or certified mail as
aforesaid shall The deemed to have been effectively served or delivered at the expiration
of twenty-four (24) hours following the deposit of said notice or other document in the
United States mail.
Page 5 of 8
1
6i
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
251
26
27
28
B. Time of Essence. Time is of the essence with respect to each and
every provision hereof.
C. Assignment. Neither this Agreement, nor any interest herein, shall
be assignable by any party without prior written consent of the other parties.
D. Governing Law. All questions with respect to this Agreement, and
the rights and liabilities of the parties hereto, shall be governed by the laws of the State
of California.
E. Inurement. Subject to the restrictions against assignment as herein
contained, this Agreement shall inure to the benefit of, and shall be binding upon, the
assigns, successors in interest, personal representatives, estates, heirs and legatees of
each of the parties hereto.
F. Attorney Fees. In the event of any controversy, claim or dispute
between the parties hereto, arising out of or relating to this Agreement or the breach
thereof, the prevailing party shall be entitled to recover from the other party reasonable
expenses, attorney fees and costs.
G. Entire Agreement. This Agreement contains the entire Agreement
of the parties hereto, and supersedes any prior written or oral agreements between
them concerning the subject matter contained herein. There are no representations,
agreements, arrangements, or understandings, oral or written, between the parties
hereto, relating to the subject matter contained in this Agreement which are not fully
expressed herein.
H. Additional Documents. All parties hereto agree to execute any and
all additional documents and instruments necessary to carry out the terms of this
Agreement.
I. No Merger. All warranties, representations, acknowledgments,
releases, covenants and obligations contained in this Agreement shall survive delivery
and recordation of the Grant Deed.
J. Authority to Execute on Behalf of Buyer. Shawn Nelson represents
to Seller that he is the City Manager of the City of Temecula and that he is authorized
by Buyer to execute this Agreement on its behalf.
K. Ratification. This Agreement is subject to approval and ratification
by the City of Temecula.
L. Counterparts. This Agreement may be signed in counterpart or
duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a
signed original for all purposes.
Page 6 of 8
1
2
3
f7l
5
6
7
8
"
10
11
12
13
14
15
16
17
11M
191
20
21
22
23
24
25
26
27
28
7. RIGHT OF POSSESSION.
"It is agreed and confirmed by the parties hereto that notwithstanding
other provisions in this agreement, the right of possession and use of the subject
property by Buyer, including the right to remove and dispose of improvements, shall
commence upon execution of this document by the Executive Director of the City of
Temecula or the close of escrow controlling this transaction, whichever occurs first, and
that amount shown in Clause 2.1 herein includes, but is not limited to, full payment for
such possession and use, including damages, if any, from said date."
Page 7 of 8
1
2
3
4
51
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
211
221
23
24
25
26
JS:sh
4/28/027
8.286
28
EXECUTED on the date or dates set forth below. This Agreement shall
be effective as of the date signed by all parties.
DATED: I 3 SELLER:
(To be fill in by Chief Executive)
RECOMMENDED FOR APPROVAL:
By:
JAN SPINDL R
Real Property Agent
THE ERNEST JOE AND ETHEL B.
JUBELA FAMILY TRUST PURSUANT
TO THE FIRST AMENDMENT
THEREO SEPTEMBER1,
1989 _/I /I //
M
Co-
ETHEL B. JUBELA
Co -Trustee
BUYER:
CITY OF TE ECU
By:
SHAWN NELSON, City Manager
ATTEST: APPROVED AS TO FORM:
By "' P er M. Thorson, City Attorney
SUS 'N. JONES, OMC, City Clerk
Page 8 of 8
EXHIBIT "A"
PARCEL 20, INCLUSIVE OF PARCEL MAP NO. 23561-2
ON FILE IN BOOK 168 PAGES 71 THROUGH 73,
INCLUSIVE OF PARCEL MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA
EXCEPTING THEREFROM MINERAL RIGHTS MORE
THAN 500 FEET BELOW THE SURFACE OF
PROPERTY, WAIVING THE RIGHT OF SURFACE
ENTRY AS RESERVED IN GRANT DEED RECORDED
DECEMBER 21, 1992 AS INSTRUMENT NO. 485304 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA
(APN 910-262--004)
1
1 i
fit
f
W
�CQ
fii \F
{t
wl tit
}� /
tf:`
to 401m
�@
610 6
t
t
z
6
F-
a.
LL Z
/O
V
I
1
1
1
I
i `0\0 F� Y /S
_AVENUE--s
1
�
1
M'
11i
R
4
c
O i
I 1
x
S
-IRR
I t
d 0�1' tib
_
Y
YA
IL�I
I
19
.�
ES.x.0
�y
� I •u�
iNM
�04
_ _
1�€FF
fe ill
s
Oi
4O
sea . 1
e? x oy I
�}
g p 1
S c (QGf
R O �yI 11
n
ITEM 13
CITY ATTORNEY
DIRECTOR OF FIP
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: , William G. Hughes, Director of Public Works/City Engineer
DATE: 1 March 16, 2004
SUBJECT: Completion and Acceptance of the Intersection Traffic Monitoring System
and Traffic Signal Interconnect - Project No. PW99-05
PREPARED BY: Ali Moghadam, Principal Engineer, Traffic
RECOMMENDATION: That the City Council:
Accept the construction of the Intersection Traffic Monitoring System and Traffic Signal
Interconnect, Project No. PW99-05, as complete and direct the City Clerk to:
2. File the Notice of Completion, release the Performance Bond and accept a one (1) year
Maintenance Bond in the amount of 10% of the contract amount, and;
3. Release the Materials and Labor Bond seven (7) months after the filing of the Notice of
Completion if no liens have been filed.
BACKGROUND: On September 24, 2002, City Council awarded a construction contact
for Project No. PW99-05, Intersection Traffic Monitoring System and Traffic Signal Interconnect, to
DBX, Inc. in the amount of $945,103.00.
This combined project included the installation of a fiber optic backbone system and Closed Circuit
TV (CCTV) cameras at eight (8) locations throughout the City, and the installation of a traffic signal
interconnect facility on Winchester Road between Margarita Road and Murrieta Hot Springs Road.
The Contractor has completed the work in accordance with the approved plans and specifications to
the satisfaction of the Director of Public Works/City Engineer.
All work will have a warranty for a period of one (1) year from the date of acceptance by the City.
The final amount of the contract including the retention amount is $882,139.00. The construction
retention for this project will be released on or about thirty-five (35) d ays a fter t he N otice o f
Completion has been recorded.
FISCAL IMPACT: The Intersection Traffic Monitoring System Project is a Capital Improvement
Project funded through Development Impact Fees — Traffic Signal, TEA-21 and CMAQ grants. The
project was constructed under budget for a final amount of $882,139.00.
rAAGENDA REPORTS/2004/031604/PW99-05 Acceptance
ATTACHMENTS:
1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit
rAAGENDA REPORTS/2004/031604/PW99-05 Acceptance
RECORDING REQUESTED BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
P.O. Box 9033
43200 Business Park Drive
Temecula, CA 92589-9033
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property hereinafter described. Nature of
Interest Vendee Under Contract.
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula,
California 92590.
3. A Contract was awarded by the City of Temecula to DBX, Inc., 42066 Avenida
Alvarado, Suite C, Temecula, CA 92590to perform the following work of improvement:
INTERSECTION MONITORING SYSTEM & TRAFFIC SIGNAL INTERCONNECT
Project No. PW99-05
4. Said work 'Nas completed by said company according to plans and specifications and to
the satisfaction of the Director of Public Works of the City of Temecula and that said work was
accepted by the City Council of the City of Temecula at a regular meeting thereof held on March 16,
2004. That upon said contract the Developers Surety and Indemnity Company was surety for the bond
given by the said company as required by law.
5. The property on which said work of improvement was completed is in the City of
Temecula, County of Riverside, State of California, and is described as follows:
Intersection Traffic Monitoring System and Traffic Signal Interconnect
Project No. PW99-05
6. The location of said property is: Various intersections, Temecula, California
Dated at Temecula, California, this 16" day of March, 2004
City of Temecula
Susan W. Jones CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said
NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County
Recorder of Riverside by said City Council.
Dated at Temecula, California, this 16" day of March, 2004.
City of Temecula
Susan W. Jones CMC, City Clerk
R:\CIMPROJECTMPW99\99-05\COMPLETION NOTE.doc
EXECUTED IN TWO COUNTERPARTS BOND #5624363
PREMIUM: INCLUDED IN
PERFORMANCE BOND
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
MAINTENANCEBOND
PROJECT NO. PW99-05
INTERSECTION TRAFFIC MONITORING SYSTEM
INSTALLATION OF TRAFFIC S/ONAL INTERCONNECT
CCTvICOMMUNICATION SYSTEM
FEDERAL AID PROJECT No. ITS 99-5459(010)
KNOW ALL PERS014S BY THESE PRESENT THAT:
DBX, INCORPORATED 42066 AVENIDA ALVARADO, STE. C TEMECULA, CA 92590
NAME AND ADDRESS CONTRACTOR'S
a CORPORATION hereinafter called Principal, and
(fill in wt*d*r a CcvpomBon, PaAnam or ind;idua0
GREAT AMERICAN INSURANCE COMPANY 750 THE CITY DRIVE SOUTH ORANGE, CA 92868
NAME AND ADDRESS OF SURETY
hereinafter Called SURETY, are held and firmly bound unto CITY OF TEMECULA,
hereinafter called OWNER, In the penal sum of EIGHTY-EIGHT THOUSAND TWO HUNDRED
THIRTEEN DOLLARSand NINETY CENTS
($ 88.213.90 , in lawful money of the United States, said sum being not less than tan
(10%) of the Contract value payable by the said City of Temecula under the terms of the
Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION Is such that whereas, the Principal entered Into a
certain Contract with the OWNER, dated the 24TH day of SEPTEMBER , 2002, a copy
of which Is hereto atlachad and made a part hereof for the construction of PROJECT NO. PW99-
05,1NTERSECTION TRAFFIC MONITORING SYSTEM.
WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee
for the period of QQg (1) year after approval of the final estimate on said job, by the OWNER,
against all defects in workmanship and materials which may become apparent during said period:
and
WHEREAS, the said Contract has been completed, and was the final estimate approved on _
OCTOBER 21 _, 2003
NOW, THEREFORE:, THE CONDITION OF THIS OBLIGATION IS SUCH, that If within one year
from the date of approval of the final estimate on said job pursuant to, the Contract, the work done
under the terms of said Contract shall disclose poor workmanship in the execution of said work,
and the carrying out of the terms of said Contract, or it shall appear that defective materials were
furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this
instrument shall be void.
MMNTENMCE 80NO M•t axaPanor�r9PWR960A990SSP ilraavgwl
As a part of the obligation secured hereby and In addition to the face amount specified, costs and
reasonable expenses and fees shall be Included, including reasonable attorney's fees incurred by
the City of TEMISCUla in successfully enforcing this obligation, all to be taxed as costs and
Included in any, judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the Contract, or to the work to be performed thereunder, or to the
specifications accompanying the same, shall in any Way affect its obligations on this bond, and It
does hereby Hralve notice of any such change, extension of time, alteration, or addition to the
terms of the Contract, or to the work, or to the Specifications.
Signed and sealed this MARCH 2 day of, 200.4
(Seel)
GREAT AMERICAN
SUREE��TY��IN��SURANCCEE COMPANY
MATTHEW P. FLAKE
(Name)
ATTORNEY —IN —FACT
(Title)
APPROVED A13 TO FORM:
Peter M. Thorson:, City Attorney
MNNTENANCEsoNo
pRf pAL DB%, INCORPORATED
By:
JIM)) RRY
(PRESIDENT
& SEC/TREAS
(ntle)
W-
(Name)
Mae)
M-2 ti aaw.a�:a
UALII-UKNIA ALL—NGIKYUM: ALKNUWLLUUMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
)n 03/08/04 bE,fore me, PHYLLISSA (jMAYNOR - NOTARY PUBLIC
ersonally appearedIIA PERRY personally known to me to be the person whose name is
ubscribed to the within instrument and acknowledged to me that he executed the same in his
uthorized capacities, and that by his signature on the instrument the person or the entity upon
ehalf of which the person acted, executed the instrument.
PHl'WSSA G. MAYNOR ogsw
S Catrntadon$1270713
Y Na" PU)oc - Cdlfomlo
RhmWav County
�'MCamrrc6P7YasAu611.2104 J
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
of Type of Document:
ment Date: ___ ___________________ Number of Pages:
r(s) Other Than Named Above:
Claimed by Signer(s)
gner's Name: lim PerM
Individual
Corporate Officer
Title(s): PRESIDENT AND SECRETARY/TREASURER
❑ Partner
❑ Attorney -in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
gneris Representing: DBX.INC.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County Of orange
On 3-2-04 before me, Lexie Sherwood - Notary Public
DATE NAME. TITLE OF OFFICER- E.G..'JANE DOE, NOTARY
PUBLIC
personally appeared -Matthew P. Flake
NAME(S) OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
m� capacity(ies), and that by his/her/their
LEXIE .>HERWOOD
.0 COhVA R 1311304 ; signature(s) on the instrument the person(s),
• NOTARYPUBLIC-CIA0
n up or the entityon behalf of which the
ORAIJGE COUNTY
COMM, I:XP.JUL�o5 person(s) acted, executed the instrument.
WITNESS my hand and official seal.
r
�AyA
`! SIGNATURE OF NOTARG f=`
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLA114ED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
MAINTENANCE BOND
TITLE OR TYPE OF DOCUMENT
TITLI:(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL 2
Q ATTORNEY -IN -FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: 3-2-04
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
N/A
N EofvERs S)ORENT IES)
GREAT AMERICAN INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE
S 959D (4M)
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 4522 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than
FIVE No. 0 14191
PO WER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -
fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other
written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under
this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID L. CULBERTSON RICHARD A. COON ALL OF ALL
CHARLES L. FLAKE LEXIE SHERWOOD ANAHEIM, UNLIMITED
MATTHEW P. FLAKE CALIFORNIA
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact famed above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 24th day of November, 2003,
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON - as
On this 24th day of November, 2003 , before me personally appeared DOUGLAS R. BOWEN, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by
like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated March I, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anv one of them, be and hereby is
authorized, from time to time, to appoint one or more Attornevs-in-Fact to execute on behalf of the Companv, as surety, anv and all bonds, undertakings and
contracts ojsuretvship, or other written obligaions in the nature thereof,- to prescribe their respective duties and the respective limits of their authority; and to
revoke any such appointment at any time.
RESOLVED FURTHER: That the Companv seal and the signature of anv of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be aff red byjacsimile to any power of attorney or certificate ojeither given for the execution of anv bond, undertaking, contract or suretyship, or
other written obligation in the nature thereof, su eh signature and seal when so used being herebv adopted by the Companv as the original signature ofsuch officer
and the original seal of the Company, to be valid and binding upon the Companv with the same force and effect as though manually affixed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the
Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 2ND . day of MARCH , 2004
S 1029T (limo)
TERRORISM COVERAGE RIDER
NOTICE•DIZEMOSURE OF TFRRORISM COVERACM AND PREMIUM
Tltc Terrorism Risk Insurance Act af2002 establishes a program within the Department
of the Treasury, under which the federal government shares, with the insuraia m industry,
the risk of loss from future tourist attacks. The Ad applies when the Secretary of the
Treasury codifies that an event meets the definition of an Act of Terrorism, The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by as individual or individuals acting an
behalf of any frimiLm person or foreign interest to cooma the governmcat or population of
the United States.
To be attached to and form part of Bond No. 5624363 , effective 3-2-04
In accordance with the Terrorism Risk Insurance Ad of 2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its afrtliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance insurance
Company) is the surety.
The United States GoYetmltent, Department of the Treasury, will pay a share of terrorism
losses insured under the terms of the Act. The federal sham equals 900/a of that portion of
the amount of such insured losses that exceeds the applicable insurer rttcation.
This Coverage Part/Policy covets certain losses caused by tetrudsm. is accordance with
the Federal Terrorism Risk insurance Act of 2002, we are required to provide you with a
notice disclosing the portion of your premium, if arty, attributable to the coverage arising
from losses for Terrorist Acts Certified under that Act.
The portion of your annual premium that is attributable to coverage for Terrorist Achy
Certified under the Act is : S:00.
CITYOF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PW99-05
INTERSECTION TRAFFIC MONITORING SYSTEM
INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT
CCTVICOMMUNICATION SYSTEM
FEDERAL AID, PROJECT No. ITS 99-5459(010)
This is to certify that, (hereinafter the "CONTRACTOR") declares to the City of Temecula,
under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools,
equipment, and all other bills contracted for by the CONTRACTOR or by any of the
CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of
it's contract with the City of Temecula, with regard to the building, erection, construction, or repair
of that certain work of improvement known as PROJECT NO. PW99-05, INTERSECTION
TRAFFIC MONITORING SYSTEM, situated in the City of Temecula, State of California, more
particularly described as follows:
INTERSECTION TRAFFIC MONITORING SYSTEM TRAFFIC SIGNAL INTERCONNECT CCTV
INSERT TITLE OF WORK HERE
The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitute grounds for any third party to claim a Stop Notice against of any
unpaid sums owing to the CONTRACTOR.
Further, in connection with the final payment of the Contract, the CONTRACTOR hereby
disputes the following amounts:
Description Dollar Amount to Dispute
Pursuant to Public Contracts Code §7200, the CONTRACTOR does hereby fully release and
acquit the City of Temecula and all agents and employees of the City, and each of them, from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the
CONTRACTOR has not disputed above.
Dated: MARCH 3, 2004
CONTRACTOR
By:
Signature
JIM PERRY PRESIDENT & SEC/TRJIM PERRY PRESIDENT & SEC ACAS _
Print Name and Title
RELEASE R-t R0"ROJECTSWW99199050905SPECS(Foe .919)JCD 0%X6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
In 03/03/04 before me, PHYLLISSA G. MAYNOR - NOTARY PUBLIC
ersonally appearedIINI PERRY personally known to me to be the person whose name is
ubscribed to the within instrument and acknowledged to me that he executed the same in his
uthorized capacities, and that by his signature on the instrument the person or the entity upon
ehalf of which the person acted, executed the instrument.
PHYWSSA G. MAYNOR
Commudon#1770713 s
Notary PubBc - C01110Mla s
Rlverslde Carty
My Cmmr. E i�Yas Ati011, �/
�.1
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and
:ould prevent fraudulent removal and reattachment of this form to another document.
ion of Attached Document
of Type of Document:
ment Date: -------------------------------- Number of Pages:
gner(s) Other Than Named Above:
Claimed by Signer(s)
gner's Name: lim Pew
Individual
Corporate Officer
Title(s): PRESIDENT AND SECRETARY/TREASURER
Partner
Attorney -in Fact
Trustee
Guardian or Conservator
Other:
ner is Representing: DBX, INC.
ITEM 14
APPROVAL.
CITY ATTORNEY `1j�e'
DIR.OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council -�n
FROM: John Meyer, Director of Housing & RedevelopmenSt L
DATE: March 16, 2004
SUBJECT: Payment of Property Taxes for Business Park Drive Property south of City Hall
(APN 92-1-020-079-6)
PREPARED BY: Peter Thorson, City Attorney
RECOMMENDATION: That the City Council Ratify the payment of back property taxes on the
Business Park Drive Property south of City Hall (APN 921-020-079-6) in the amount of
$114,562.25.
BACKGROUND: On May 15, 2003, the City was the successful bidder at the judicial
foreclosure sale for the property south of City Hall, APN 921-020-079-6 ("Property') and paid
$504,000.00 for the Property. The City will become the owner in fee on May 14, 2004, following
the one year redemption period required by law.
The City was informed by the Riverside County Treasurers Office that $125,793.08 in back
property taxes are due on the Property as of March 12, 2004) and that a tax sale of the Property
had been scheduled for March 15, 2004. The back property taxes were not deducted from the
purchase price for the property collected by the Sheriffs Department at the time of the sale.
The Riverside County Treasurer also informed the staff that he would accept the amount of
$114.562.25 to be paid on or before March 15, 2004 to avoid the tax sale. This is the amount of
property taxes due as of May 2003 when the City purchased the property at the judicial
foreclosure sale. Attached is the March 2, 2004 correspondence from Treasurer Paul
McDonnell and the March 2, 2004 correspondence from Melissa Johnson in the County's Tax
Enforcement Unit.
The County Counsel has taken the position that the City has no liability for these taxes and expected
the tax sale to be cancelled. Beal Bank, the lender which initiated the judicial foreclosure action,
disputed this position. In Closed Session the Council authorized the City staff to pay the property
taxes due on this property in the event the County Treasurer did not take the Property off of the
March 15, 2004 tax sale and the dispute was not resolved by that date. This action avoided the
significant title problems which would have occurred had the property been sold at the tax sale prior
to resolution' of the dispute. The City Attorney's Office will continue to pursue the City's remedies
against the other parties.
RJAgenda Reports/Payment of Property Taxes 3 16
FISCAL IMPACT: Adequate funds for this payment are available in the Maintenance Facility
Expansion Project which is funded with Development Impact Fees -Corporate Facilities.
ATTACHMENTS: Correspondence - Treasurer, Paul McDonnell
Correspondence — County Tax Enforcement Unit, Melissa Johnson
R:/Agenda Reports/Payment of Property Taxes 3 16
MAR-08-2004 11:16 FROM RWG
OFFICERS
PAUL MCDONNELL
TREASURER
OON KENT
ASSISTANT TREASVRER
SUE DAUER
CHIEF DEPUTY
March 2, 2004
PAUL MCDONNELL
TREASURER
TO 19096933903#
P.04/05
OFFICERS
JON CHRISTENSEN
CHIEF DEPUTY
GARY COTTERILL
CHIEF DEPUTY
TOM MULLEN
CHIEF DEPUTY
Bruce Galloway FAX (213) 626-0078
Richard Swanson anal Gershon
355 S. Grand Ave. 4Ad'Floor
Los Angeles, California 90071-3101
RE: Delinquent Ad Valorem Taxes APN 921-020-079-6
Dear Mr. Galloway:
On or about May 15, 2003 the Riverside County Sheriff conducted a foreclosure sale of
the afore -mentioned real property pursuant to a Judgment of Foreclosure by Beal Bank, a
Texas Banking Corporation. The real property was purchased by the City of Temecula.
At the time of the foreclosure sale the real property was subject to delinquent ad valorem
taxes. The real property is presently on the Riverside County Tax Sale scheduled for
March 15, 2004.
I have been advised by counsel that the City of Temecula is ready to pay the delinquent
taxes in the amount of $114,562.25. This constitutes the taxes due as of May 2003.
Upon receipt of said sum, prior to the March 15, 2004 tax sale the real property will be
removed from the taK sale and the remaining taxes canceled. This amount constitutes the
full amount of taxes due on the subject property from the City of Temecula.
Please direct your payment to the Riverside County Tax Collector to the attention of
Melissa Johnson, Staff Analyst II at P.O. Box 12005, Riverside, Ca 92502-2205. if you
send the payment over night please use our physical address which is 4080 Lemon St.,
Riverside, Ca 92501.3660, If you have any questions you can contact Ms. Johnson at
Paul McDonnell
Treasurer -Tax Collector
Attachment Certified Statement of Delinquent Taxes
RIVERSIDE COUNTY TREASURER
4000 LEMON STRCET. 4TH FLOOR * P.O. BOX 12005 * RIVERSIDE, CALIFORNIA 92502
W V.COUNMREASURER.ORO * (9091 9S5.9000 + 17661 963.ROnn 1 c�v m.w. eca.en,
MAR-08-2004 11:18 FROM RWG
OFFICERS
PAUL MCDONNE4L
TRCASURCR
DON KENT
ASSISTANT TREASURER
SVE SAVER
CHIEF DEPUTY
March 2, 2004
Bruce Galloway
Richard Swanson and Gershon
355 S. Grand Ave. 406'Floor
Los Angeles, Ca 90071-3101
Re: 921020079-6
Dear Mr. Galloway:
TO
V
PAUL MCDONNELL
TREASURER
P.05/05
OFFICERS
JON CHRISTENSEN
CHIEF DEPUTY
GARY COTTCRILL
CHIEF DEPUTY
TOM MULLEN
CHIEF DEPUTY
Parcel number 9210:10079-6 has delinquent taxes for the fiscal years 1997-98 through
2002-03. The total amount due for the delinquent taxes as of May 2003 was
$114,562,25.
Sincerely,
Melissa Johnson
Staff Analyst H
Tax Enforcement Unit
(909) 955-3949
&J"ofCamino ) as
cIAm a Rw&* I
1B
HEREBY CERTIFY VIS MISE a fUA EIW car"Idoom
of ft ISE ROold dow,ted " OM un11L111a on ak N
ra omm End of *t1k l I ant 100 DM061 1-
a
Wiled t�
Ma
PAUMk0 MNEL#�TptAASLWE�R•TA1(
IG�OLL60FOR
RIVERSIDE COUNTY TREASURER
4000 LEMON STREET, 4TH FLOOR R P.O. BOX 12005 # RIVERSIDE, CALIFORNIA 92502
ITEM 15
APPROVAL
CITY ATTORNEY
DIR.OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Council
FROM: Genie Roberts, Director of Finance OR
DATE: March 16, 2004 P►`�
SUBJECT: Revised Deposit Agreement — Proposed Roripaugh Ranch Community Facilities
District
RECOMMENDATION: That the City Council adopt the resolution entitled:
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF: TEMECULA APPROVING AMENDED AND
RESTATED DEPOSIT/REIMBURSEMENT AGREEMENT
— RORIPAUGH RANCH
BACKGROUND: Ashby USA, LLC (the "Developer") has requested that the Temecula Public
Financing Authority (the "Authority') form a community facilities district (the "CFD") to finance
public improvements in the Roripaugh Ranch area of the City of Temecula (the "City'), and in
2001 the Developer, the City, the Authority and Calloway 220, LLC (an entity previously
interested in the formation of the CFD), entered into a Deposit/Reimbursement Agreement (the
"2001 Agreement") pursuant to which the Developer and Calloway 220, LLC agreed to pay the
costs of the City and the Authority in connection with the establishment of the Authority and the
formation of and issuance of bonds for the CFD. Since the execution of the 2001 Agreement,
Calloway 220, LLC is no longer interested in the formation of the CFD, and the costs to be paid
by the Developer have been increased. Bond Counsel has provided an Amended and Restated
Deposit/Reimbursement Agreement (the "Amended Agreement') to reflect the changed
circumstances and City Staff recommend its approval by the City Council and the Board of
Directors of the Authority.
FISCAL IMPACT: The Developer has agreed to pay the costs of the City and the Authority
related to the formation of the CFD from deposits as requested by the City, and if funds are not
advanced when requested by the Director of Finance, the City Manager may direct Staff to
cease activities to be funded by the Developer under the Amended Agreement.
Attachment: Resolution No. 04-
Amended and Restated Deposit/Reimbursement Agreement
RESOLUTION NO. 04—_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING AMENDED AND
RESTATED DEPOSIT/REIMBURSEMENT AGREEMENT
— RORIPAUGH RANCH
WHEREAS, in 2001, the City of Temecula (the "City"), the Temecula Public Financing
Authority (the "Authority"), Ashby USA, LLC ("Ashby') and Calloway 220, LLC ("Calloway'),
entered into a Deposit'Reimbursement Agreement (the "Original Agreement'), pursuant to
which Ashby and Calloway deposited funds with the City to ensure payment of the costs of the
Authority and the City in forming the Authority and a proposed community facilities district, and
otherwise in connection with the issuance of bonds for such community facilities district (the
'Initial Costs'); and
WHEREAS, since the execution of the Original Agreement by the parties thereto,
Calloway no longer owns property in the proposed community facilities district and the Initial
Costs have been in excess of the amount previously expected; and
WHEREAS, the parties to the Original Agreement now desire to amend and restate the
Original Agreement to reflect the current understanding of the parties thereto with respect to,
among other matters, the continued advancement of funds necessary to pay the Initial Costs,
and there is on file with the City Clerk a form of Amended and Restated
Deposit/Reimbursemenl: Agreement (the "Deposit Agreement') which the City Council now
desires to approve.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as
follows:
Section 1. Deposit Agreement. The City Council hereby approves the Deposit
Agreement, and authorizes the City Manager to execute the Deposit Agreement, in the form on
file with the City Clerk together with such changes as deemed advisable by the City Attorney.
The Director of Finance is hereby authorized and directed to accept and use the Deposits in the
manner described in the: Deposit Agreement.
Section 2. Official Actions. The Mayor, City Manager, Director of Finance, City Clerk
and all other officers of the City are hereby authorized and directed to take all actions and do all
things necessary or desirable with respect to the implementation of the Deposit Agreement,
including the execution and delivery of any and all documents required thereunder.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 16th day of March, 2004.
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan Jones, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Resolution No. was duly adopted at a regular meeting of the City Council of
the City of Temecula on the 16th day of March, 2004, by the following roll call vote:
AYES:
COUNCILMEMBERS:
NAYS:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAINED:
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
2
AMENDED AND RESTATED DEPOSITIREIMBURSEMENT AGREEMENT
Temecula Public Financing Authority
Community Facilities District No. 03-02
(Roripaugh Ranch)
THIS AMENDED AND RESTATED DEPOSIT/REIMBURSEMENT AGREEMENT (the
"Agreement") is by and among the City of Temecula (the "City"), the Temecula Public
Financing Authority (the "Authority") for itself and on behalf of the proposed Temecula Public
Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "CFD"),
Ashby USA, LLC ("Ashby") and Calloway 220, LLC ("Calloway" and, together with Ashby, the
"Developers").
RECITALS:
WHEREAS, in 2001, the City, the Authority (for itself and on behalf of the proposed
CID) and the Developers entered into a Deposit/Reimbursement Agreement (the "Original
Agreement'), pursuant to which the Developers deposited funds with the City to ensure
payment of the costs of the Authority and the City in forming the Authority and the CFD, and
otherwise in connection with the issuance of bonds (the "Bonds") for the CFD and the
proposed expenditure of the proceeds thereof, which Original Agreement provided that the
funds so advanced were to be reimbursed to the Developers from the proceeds of any Bonds
issued by the Authority for the CID to the extent provided therein; and
WHEREAS, since the parties hereto entered into the Original Agreement, the name of
the CFD has changed from "Temecula Public Financing Authority Community Facilities
District No. 01-1 (Butterfield Stage Road)" to "Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch)," and Calloway no longer owns
property within the proposed boundaries of the CFD; and
WHEREAS, the Initial Costs (as defined in the Original Agreement) have been in excess
of the amounts expected. at the time of execution of the Original Agreement; and
WHEREAS, in light of the foregoing, the parties to the Original Agreement now desire
to amend and restate the Original Agreement as provided herein, in order to cause the written
agreement among the parties to the Original Agreement to reflect the current understanding of
the parties thereto as to the continued advancement of funds necessary to pay the Initial Costs,
and the prospective reimbursement of amounts advanced by the Developers with proceeds of
the Bonds, if any Bonds are issued by the Authority for the CFD.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set
forth herein, and for other consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree that the operative provisions of the Original Agreement
shall be amended and restated as follows:
Section 1. The 12evosits. In 2001, Ashby provided to the City $113,500 and Calloway
provided to the City $18,500 (collectively, the "2001 Deposits"), to be used by the City to pay
the costs in conducting proceedings for the formation of the Authority and the CFD, and for the
issuance of bonds for the CFD (as more fully described in Section 2(a) below, the 'Initial
Costs").Subsequently, Ashby has provided to the City additional deposits of $68,000 and
$70,000 for such purposes collectively, the "Ashby Deposits"). The City, by its execution
hereof, acknowledges receipt by the City of the 2001 Deposits and the Ashby Deposits. The
checks representing the 2001 Deposits have been cashed by the City, and the 2001 Deposits and
the Ashby Deposits were commingled with other funds of the City for purposes of investment
and safekeeping; however, the City at all times has maintained records as to the expenditure of
the 2001 Deposits and the Ashby Deposits.
Ashby hereby agrees to advance any additional amounts necessary to pay any Initial
Costs incurred by the City or the Authority, in excess of the amount of the 2001 Deposits and
the Ashby Deposits, promptly upon written demand therefore by the Director of Finance of the
City; (the "Additional Deposits" and, collectively with the 2001 Deposits and the Ashby
Deposits, the "Deposits"). Notwithstanding any other provision of this Agreement, the City
Manager may direct City and Authority staff and consultants to cease all work related to the
issuance of the Bonds and/or the formation of the CFD until any additional amount so
demanded has been rec:ived by the City.
Section 2. Use of Funds. The Deposits shall be administered as follows:
(a) The Director of Finance of the City may draw upon the Deposits from time to time
to pay the Initial Costs, including but not limited to: (i) the fees and expenses of any consultants
to the City or the Authority employed in connection with the issuance of the Bonds and the
proposed expenditure of the proceeds thereof (such as engineering, legal counsel, including the
City Attorney, Bond Counsel and financing and special tax consultants); (ii) the costs of
appraisals, market absorption and feasibility studies and other reports necessary or deemed
advisable by City staff or consultants in connection with the Bonds; (iii) costs of publication of
notices, preparation and mailing of ballots and other costs related to any election with respect
to the CFD, the rate and method of apportionment of the special taxes to be levied therein and
any bonded indebtedness thereof; (iv) a reasonable charge for City staff time, as determined by
the City Manager in his sole discretion, in analyzing the CFD, the Bonds and the expenditure of
the proceeds thereof, including a reasonable allocation of City overhead expense related
thereto; and (v) any and all other actual costs and expenses incurred by the City or the
Authority with respect to the CFD or the Bonds after the date of execution of this Agreement.
The Developers hereby acknowledge that, at a minimum, the following amounts will or may be
charged against the Deposits, whether or not the CFD is formed and the Bonds are issued: (i)
$75,000.00 to David Taussig and Associates, Inc., special tax consultant, (ii) at least $30,000.00 to
an appraiser, (iii) at least $12,000.00 to Richards, Watson & Gershon, City Attorney and general
counsel to the Authorit,�, (iv) $22,000.00 for a market absorption analysis related to the CFD, (v)
$65,000.00 to Fieldman, Rolapp & Associates for financial advisory services, (vi) $70,000.00 to
Albert A. Webb Associates for engineering services related to the facilities proposed to be
financed by the CFD, and (vii) at least $25,000.00 to the City for City Staff time in analyzing the
-2-
CID, the Bonds and the expenditure of the proceeds thereof, including a reasonable allocation
of City overhead expense related thereto, including all other actual costs and expenses incurred
by the City. Draws on the Deposits shall first be charged to the 2001 Deposits, and when the
2001 Deposits have been fully expended, then to the Ashby Deposits, and when the 2001
Deposits and the Ashby Deposits have been fully expanded, then to any Additional Deposits.
(b) If the Bonds are issued under the Mello -Ross Community Facilities Act of 1982, as
amended (the "Act") by the Authority secured by special taxes levied upon the land within the
CFD, the Authority shall provide for reimbursement to the Developers, without interest, of all
amounts charged against the Deposits, said reimbursement to be made solely from the
proceeds of the Bonds and only to the extent otherwise permitted under the Act. On or within
ten (10) business days after the date of issuance and delivery of the Bonds, the Director of
Finance of the City shall return the then unexpended Deposits to the Developers, without
interest, less an amount equal to any costs incurred by the City or the Authority or that the City
or the Authority is otherwise committed to pay, which costs would be subject to payment
under Section 2(a) above, but have not yet been so paid.
(c) If the Bonds are not issued, the Director of Finance of the City shall, within ten (10)
business days after adoption of the resolution stating the intent of the Authority to terminate
proceedings under the Act with respect to the issuance of the Bonds, return the then
unexpended Deposits to the Developers, without interest, less an amount equal to any costs
incurred by the City or the Authority or that the City or the Authority is otherwise committed
to pay, which costs would be subject to payment under Section 2(a) above but have not yet
been so paid.
(d) In the event that all or any portion of the Deposits drawn upon in accordance with
Section 2(a) are reimbursed with proceeds of Bonds (as described in Section 2(b)), or any
portion of any unexpended Deposits are otherwise returned to the Developers (as described in
Section 2(b) or 2(c)), the amount so reimbursed or returned shall be applied first against any
Additional Deposits advanced by Ashby and against the Ashby Deposits until the amount of
any such Additional Deposits and the amount of the Ashby Deposits have been fully returned
or reimbursed, as applicable; and then against the 2001 Deposits, 86% to Ashby and 14% to
Calloway.
Section 3. Reimbursement of Other Developer Costs. Nothing contained herein shall
prohibit reimbursement of other costs and expenses of Ashby or any successor in interest
thereto with respect to the land in the CFD incurred in connection with the CFD from the
proceeds of the Bonds, including, but not limited to fees and expenses of legal counsel to Ashby
and/or any of its successors in interest and special consultant expenses. Any such
reimbursement shall be made (a) solely from the proceeds of the Bonds, (b) only to the extent
otherwise permitted under the Act, (c) if the Bond issue already includes full reimbursement of
all amounts charged against the Deposits, and (d) only if otherwise provided for, at the
reasonable discretion of the Authority, in the proceedings for the issuance of the Bonds.
Section 4. A&I•eement Not Debt or Liability of City or Authority. It is hereby
acknowledged and agreed that this Agreement is not a debt or liability of the City or the
Authority, as provided ;in Section 53314.9(b) of the Act. Neither the City nor the Authority shall
in any event be liable hereunder other than to return the unexpended and uncommitted
Ed
portions of the Deposits as provided in Section 2 above and provide an accounting under
Section 7 below. Neither the City nor the Authority shall be obligated to advance any of their
own funds with respect to the CFD or for any of the other purposes listed in Section 2(a) hereof.
No member of the City Council, the Board of Directors of the Authority or officer, employee or
agent of the City or the Authority shall to any extent be personally liable hereunder.
Section 5. No Obli¢ation to Issue Bonds. The provisions of this Agreement shall in no
way obligate the City or the Authority to issue any bonds, or to expend any of their own funds
in connection with the CFD.
Section 6. Severability. If any part of this Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be
given effect to the fullest extent reasonably possible.
Section 7. Accotm ng. The City Director of Finance shall provide the Developers with
a written accounting of moneys expended under this Agreement, within ten (10) business days
of receipt by the Director of Finance of the City of a written request therefor submitted by an
authorized officer of a Developer. No more than one accounting will be provided in any
calendar month and the cost of providing the accounting shall be charged to the Deposits.
Section 8. Mult-Ae Bond Issues. In the event that the Authority determines to issue
more than one series of the Bonds (due to the establishment of improvement areas within the
CFD or otherwise), or if the Authority determines to establish a second community facilities
district which includes land originally contemplated to be included in the CFD and determines
to issue bonds for such second community facilities district, any portion of the Deposits not
reimbursed from the first issue of Bonds shall be reimbursed, without interest, from any such
other issue of Bonds of the CID or of bonds of such second community facilities district; but in
any event only to the extent such reimbursement is permitted under the Act.
Section 9. Successors and Assigns. This Agreement shall be binding upon and inure to
the benefit of the successors and assigns of the parties hereto.
Section 10. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original.
-4-
Section 11. final Agreement Superseded. This Agreement supersedes in its entirety
the Original Agreement. Upon execution of this Agreement by all of the parties hereto, the
Original Agreement shall be deemed terminated.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day
and year written alongside their signature line below.
Executed on:
March _, 2004
Executed on:
March _, 2004
Executed on:
March 2004
Executed on:
March 2004
DEVELOPERS:
ASHBY USA, LLC, a limited liability company
By: Ashby Development Company, Inc.,
a California corporation, Managing Member
0
Justin K. Ashby, Vice President
By: USA Investment Partners, LLC,
a Nevada limited liability company, Member
a
Joseph D. Milanowski
Its:
CALLOWAY 220, LLC
By:
Its:
CITY:
CITY OF TEMECULA
0
City Manager
AUTHORITY:
TEMECULA PUBLIC FINANCING AUTHORITY,
for itself and on behalf of the proposed Temecula
Public Financing Authority Community Facilities
District 03-02 (Roripaugh Ranch)
By:
Executive Director
-5-
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
FEBRUARY 24, 2004
A regular meeting of they City of Temecula Community Services District was called to order at 7:48
P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT: 4 DIRECTORS: Comerchero, Naggar, Roberts, and
Washington
ABSENT: 1 DIRECTORS: Stone
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
Minutes
RECOMMENDATION:
1.1 Approve the minutes of February 10, 2004.
2 Approval of 200:3-04 Mid -Year Budget Adjustments
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 04-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT AMENDING
THE FISCAL YEAR 2003-04 ANNUAL OPERATING BUDGETS
3 Amendment No. 2 to the License Agreement with the Temecula Valley Museum. Inc.
=616lMIT, L�1I7tiir["k
3.1 Approve Amendment No. 2 to the License Agreement between the Temecula
Community Services District and the Temecula Valley Museum, Inc. (TVMI) for
use operation of the museum gift shop and wedding chapel.
Minutes.esd\022404
MOTION: Director Comerchero moved to approve Consent Calendar Items No. 1-3. The
motion was second by Director Naggar and electronic vote reflected approval, with the
exception of Directors Roberts who abstained on Item No. 1 and Director Stone, who was
absent.
DEPARTMENTAL REPORT
No additional comments.
DIRECTOR OF COMMUNITY SERVICES REPORT
No additional comments.
GENERAL MANAGER"S REPORT
No additional comments.
BOARD OF DIRECTORS' REPORTS
No additional comments.
ADJOURNMENT
At 7:49 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, March 16, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Chuck Washington, President
ATTEST:
Susan W. Jones, CIVIC
City Clerk/District Secretary
[SEAL]
Minutes.csd\022404 2
ITEM 2
CITY ATTORNEY
DIRECTOR OF Fill'
CITY MANAGER
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Herman Parker, Director of Community Services
William G. Hughes, Director of Public Works/City Engineer
DATE: March 16, 2004
SUBJECT: Completion and Acceptance of "Children's Museum Building Shell
Improvements", Project No. PW02-01CSD
PREPARED BY: Amer Attar, Principal Engineer
Brian Guillot, Assistant Engineer
RECOMMENDATION: That the Board of Directors:
Accept the construction of "Children's Museum Building Shell Improvements", Project No.
PW02-01 CSD, as complete and direct the City Clerk to:
2. File the Notice of Completion, release the Performance Bond and accept a one (1) year
Maintenance Bond in the amount of 10% of the contract, and;
3. Release the Materials and Labor Bond seven (7) months after the filing of the Notice of
Completion if no liens have been filed.
BACKGROUND: On September 17, 2002, the Board of Directors awarded a
construction contact for Project No. PW02-01 CSD Children's Museum Building Shell Improvements,
to R.E. Fleming Construction, Inc. in the amount of $347,881.00.
The improvements consisted of modifications to the architecture of the building, structural
modifications, mechanical, electrical, and plumbing system modifications to prepare the building
shell for use as a public building and the installation of the museum exhibits. The work included the
replacement of the roof and certain offsite improvements such as removal and replacement of the
drive approach. During the course of construction, structural problems were encountered requiring
major repairs to the building shell. A structural engineer prepared drawings and the Board awarded
an additional contract on ,January 28, 2003, to another contractor to complete those repairs. This
problem resulted in significant delays to the project.
On September 23, 2003, the Board released the retention to R.E. Fleming Construction, Inc. with
the assurance that they would complete the items remaining in the contract. The Contractor has
now completed the work in accordance with the approved plans and specifications to the
satisfaction of the Director of Public Works/City Engineer. All work shall be warranted for a period
of one (1) year from the date of acceptance by the City.
rAAGENDA REPORTS/2004/021004/PW02-13 Rancho Ca Acceptance
FISCAL IMPACT: The Children's Museum Building Shell Improvements is a Capital
Improvement Project funded through Capital Project Reserves, Proposition 12 (State Urban
Centers/Education Grant; and the Redevelopment Agency. Eight (8) contract change orders were
issued for a total of $82,723.98. The final amount of the contract is $430,604.98.
ATTACHMENTS:
1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit
r: W GENDA REPORTS/2004/021004/PW02-13 Rancho Ca A=pWa
RECORDING REQUESTED BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
P.O. Box 9033
43200 Business Park Drive
Temecula, CA 92589-9033
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property hereinafter described. Nature of
Interest Vendee Under Contract.
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula,
California 92590.
3. A Contract was awarded by the City of Temecula to R.E. Fleming Construction Inc.,
15415 Bear Valley Rd., Hesperia, CA 92345 to perform the following work of improvement:
CHILDIREN'S MUSEUM BUILDING SHELL IMPROVEMENTS
Project No, PW02-01CSD
4. Said work was completed by said company according to plans and specifications and to
the satisfaction of the Director of Public Works of the City of Temecula and that said work was
accepted by the City Council of the City of Temecula at a regular meeting thereof held on March 16,
2004. That upon said contract the First National Insurance Company of America was surety for the
bond given by the said company as required by law.
5. The property on which said work of improvement was completed is in the City of
Temecula, County of Riverside, State of California, and is described as follows:
Children's Museum Building Shell Improvements
PW02-01 CSD
6. The location of said property is: 42081 Main Street, Temecula, California
Dated at Temecula, California, this 16`h day of March, 2004
City of Temecula
Susan W. Jones CMC, City Clerk
STATE OF CALIFORNIA I
COUNTY OF RIVERSIDE I ss
CITY OF TEMECULA I
I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said
NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County
Recorder of Riverside by said City Council.
Dated at Temecula, California, this 16' day of March, 2004.
City of Temecula
Susan W. Jones CMC, City Clerk
R:\CI%PR0JECTS\M02\M02-0l Child Museum\COMPLETION NOTE.doc
Bond# 6169923-M
CITY OF TEMECULA, PU13UC WORKS DEPARTMENT
MAINTENANCE BOND
l �ffOC71=L"P7V r3:'P"VYlf2� 9 f�15
CHILDREN'S MUSEUM BUILDING SH@L'L IMPROVEMENTS
KNOW ALL PERSONS BY THESE PRESENT THAT:
R.E.
15415 Bear
Rd., Hesperia CA 92345
a Cor oration hereinafter caged Prinolpal, and
(Ieb MwlNracow" m. pe,m"T aek_tiwj —
First National Insurance C?,ppany of America
2677 N. Main St., Santa Ana, CA 92705
NAM E'AND ADDRESS OFSURETI' —
her9inafter caged SURETY
are heWe flifnly bound unto *¢ITY OF TEMECULA,
hereinafter calledom
OWNK17. in the arini Rum bf
�'PV Pigh t- —DQL .:T1�irty four thousand seven. hundred
Sand- An CENTS
(t:_3d, 7AA n 1 In Iawlul mona of the'United States, said sum being not less than ten
(101/6) of the Contract value payable by the" said City of Temecula under the te6ris'y3r- the
Contract, for the payrnent of bind
sevataliy,lllmfy, by thane presents. which., we ourselves, successors, and assigns, jointly and
THE CONDITION OF THIS 06U61ATION is such that whereas, the Principal entered Into a
certain-ContraetwghtheOWNER. 3511edthii 17th dayorSeptemb_er 2002 a copy
of which Is hereto attached and made a part hereof for the construction of PROJECT NO. PW02-
01CSD, CHILDREN'S MUSEUM BUILDING SHELL IMPROVEMENTS.
WHEREAS, said Contract provides that the principal will furnish a bond conditioned to guaruntae
for the period of 9RO (1) yehr after approval of the final estimate on said job, by the OWNER,
against all defeots.ln wortvnanship and materials which may become apparent during said period;
and
WHEREAS, the said Contract has been completed, and the final estimate was approved on June
_6 t 120 113 _
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If within one year
from the date 0 appfeval of the final 09fimAte on said job.pursuant to the Contract, the work done
under the terms of said Contract shall disclose poor Workmanship in the execution of said work,
at ck)fective materials were
i furnished hed thereunder, d the cut ( the tenne. of then this obi atop shalltre niainhin fuall ll forceandand virtue, otherwise this
instrument shall be void.
a part of the obligation secured hereby and In addition to the face amount specified, costs and
sortable expenses and fees shall be inchjdect inolulffn-9 neal;Qtlable attameys' fees Incurred by
W a>1�0rPSUWM mcm,a
the i as L- � R -Ibis-obllgauon,.nll to be #axed as coats and
r y )udgttiEnl' rendered
The Surety hereby supul+ates and a
to the temps Of the Contact, or to the w rk to bg purtrxmed thereunder, cu to the S ' or addition
a000mpenyittq the same shall,f. R 9a peoifi ations
waive nouce of nay wpy,affeot,ne''till uo' on this bond and it does hereby
ary'rk, o otothe S extension ot'tiine;'aftaretton, or addition to the terms of the
Contract, or to .ute Work, or to the Suttcifloaticne,
Signed and sealed MiS T 9 th _ day of February zu 04
(seal)
First National Insuranc(
SURM Company of America
Matthew R Dobvns
(Name)
(Title) nttnrnPv_in F-r-L�_
OPROVED AS TO FORAJ:
Peter K Thorson. City Attorna
14
pAIW�. Fleming Construction, Inc.
By.,
(Name
NA,eSz cord
(Tltla)
(Name)
�(Titlo)
0.�p�01CSCYM
S7A7F-OF Californda e I
Oran SS.
('O(/NTYOI% g
ON-719104 beforea,e, Nary Hart ignoni — Notary Public
PERSONALLYAPPLARED
Matthew R.
personally ka N,n to me
JUIZIEW a) be the personM (vho:Ie natne(14 is•AMubscribed to the
within instrument and acknowledged Wine that he/itIUM ereculed
the saute in hiss- mtdutrized cryn c•it)(Mand daa by hivjouum
signatoe(.1gon die instnantent the person('sl( or the entity upon behalf
nl4hich the personal acted, eretuted the instruutenl.
IV/TNESS ay Iran/ and q(licial seal.
Signnna
1 MARY MARTIGGI 1
COMM. #1438392 n
NOTARY RMIC-MIFORMAORAHM COUNTY
7�
My Cantu E4. 8ep19m07
This area for Official Notarial Sent
OPTIONAL
Though the data below is not required by law, It may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OF TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
NAME OF PEASON(S) ON ENTINtIES(
First National Insurance Company
of America
ALL-PURPOSE ACKNOWLEDGEMENT
POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA
4333 BROOKLYN AVE NE
OF ATTORNEY SEATTLLE, WASHINGTON 98105
4333 Brooklyn Avenue N.C.
Seattle, WA 98105
No. 10202
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
uu....rru..e...............................u.... I ......... MAFI111iW It. DOBYNS; Fullcoon, C0liIhniu•...........u.................wo..........wu...
Its We and lawful altorney(s}in-rack With full authodty to execute on behalf of the company fidelity and surety bonds "undertakings and other documents of a similar
character Issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as If such
Instruments had been duly executed by its regularly elected offu:ers at Its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 3rd day of
June , 1999
sow- - V&L&-4/U
R.A. PIERSON. SECRETARY W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety opera ions, shall each have authority to appoint individuals as aflomeys-in-fad or under other appropriate 011es with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsmile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however, that the seat shall not
be necessary to the validity of any such instrument or undertaking"
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of tholoower-of-altomey app)intment, executed pursuant thereto, and
hii) Certifying that said power-of-ahomer appointment is in full force and effect,
the signature of the certifying officer maybe by f acsimile, and the seal of the Company may be a facsimile thereof."
1, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws- and of a
Resolution of the Board of Directors of [his corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Paver of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
SEAL
1928
this 9th
dayof February 2004
RA. PIERSON, SECRETARY
S 10491FNEF 7198
eInN9 PnF
r
CITYOF TEMECULA, PUBLIC WORKS DEPARTMEN FEB 1.1 2004
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE CITY OFTEMECULA
PROJECT NO. PW02-01 CSD
CHILDAEN'S MUSEUM BUILDING SHELL IMPROVEMENTS
This is to certify that 6Q C. r/e i.-/W- c'o%A-. rd4hereinafter the "CONTRACTOR") declares
to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor,
services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of
the CONTRACTOR's agents, employees or subcontractors used or in contribution to the
execution of it's contract with the City of Temecula, with regard to the building, erection,
construction, or repair of that certain work of improvement known as PROJECT NO. PW02-
01CSD, CHILDREN'S MUSEUM BUILDING SHELL IMPROVEMENTS, situated in the City of
Temecula, State of California, more particularly described as follows:
INSERT'
HERE
The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitute grounds for any third party to claim a Stop Notice against of any
unpaid sums owing to the CONTRACTOR.
Further, in connection with the final payment of the Contract, the CONTRACTOR hereby
disputes the following amounts:
Description Dollar Amount to Dispute
Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and
acquit the City of Temecula and all agents and employees of the City, and each of them, from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the
CONTRACTOR has not disputed above.
CONTRACTOR
Dated: C; '"e y _,,J)& By:
ignat re
0-eILz
Print Name and Title
RELEASE
R-1 MGIPPF0JECT"W02PM2-01 ChDd MuseurrWS&EMM-01CM.do1
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
FEBRUARY 24, 2004
A regular meeting of they City of Temecula Redevelopment Agency was called to order at 7:49
P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula.
ROLL CALL
PRESENT: 4 AGENCY MEMBERS: Naggar, Roberts, Washington, and
Comerchero
ABSENT: 1 AGENCY MEMBERS: Stone
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of February 10, 2004.
2 Approval of the 2003-04 Mid -Year Budget Adjustments
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 04-04
A RESOLUTION OF THE TEMECULA REDEVELOPMENT
AGENCY AMENDING THE FISCAL YEAR 2003-04 ANNUAL
OPERATING BUDGET
3 Quitclaim Deed from the Redevelopment Agency to the City of Temecula (APN 921-020-
Q§lL- Removed from the Consent Calendar for separate action; see page 2.
RECOMMENDATION:
3.1 Approve the conveyance of the portion of land necessary for the construction of
Fourth Street and execute the Quitclaim Deed, conveying the land from the
Redevelopment Agency to the City of Temecula.
RAMinutes. rda\022404
MOTION: Agency Member Naggar moved to approve Consent Calendar Item Nos. 1 and 2
(Item No. 3 was pulled for separate discussion; see below). The motion was seconded by
Agency Member Washington and electronic vote reflected approval, with the exception of
Agency Members Roberts who abstained on Item No. 1 and Agency Member Stone who was
absent.
CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION
3 Quitclaim Deed from the Redevelopment Agency to the City of Temecula (APN 921-0207
08
RECOMMENDATION:
3.1 Approve the conveyance of the portion of land necessary for the construction of
Fourth Street and execute the Quitclaim Deed, conveying the land from the
Redevelopment Agency to the City of Temecula.
Redevelopment Director Meyer presented the staff report, explaining this property is currently
owned by the Redevelopment Agency and needs to be transferred to the City of Temecula for
use as public right -of -wary.
Ms. Nancy Baron, 28681 Pujol Street, requested clarification on the location of this property.
Clarifying the location, Mr. Meyer explained the property is located on the west side of Front
Street and is a portion of Fourth Street that is currently vacated.
MOTION: Agency Member Washington moved to approve Item No 3. The motion was
seconded by Agency Member Naggar and electronic vote reflected unanimous approval, with
the exception of Agency Member Stone, who was absent.
EXECUTIVE DIRECTOR'S REPORT
No comment.
AGENCY MEMBERS' REPORTS
No comments.
ADJOURNMENT
At 7:53 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, March 16, 2004 in the City Council Chambers, 43200 Business Park Drive, Temecula,
California.
Jeff Comerchero, Chairman
ATTEST:
Susan W. Jones, CIVIC
City Clerk/Agency Secretary
[SEAL]
R: W inutes.rda\022404
ITEM 2
APPROVAL
CITY ATTORNEY
FINANCE OFFICE
CITY MANAGER
CITY OF TEMECULA/TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
DATE: March 16, 2004
TO: City Manager/Council members
Executive Director/Agency Members
FROM: John Meyer, Redevelopment Director N�k
SUBJECT: Disposition and Development Agreement and Focused Environmental Impact Report
for the Temecula Education Center.
RECOMMENDATION: It is recommended that the Redevelopment Agency and the City
Council approve the following Resolutions:
That the City Council Adopt a Resolution entitled:
RESOLUTION NO. 04 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT PREPARED FOR THE TEMECULA EDUCATIONAL
COMPLEX PROJECT, THE DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE AGENCY AND AGK GROUP, LLC.
FOR THE DEVELOPMENT OF THE TEMECULA EDUCATIONAL
COMPLEX, AND RELATED ACTIONS, AND ADOPTING
FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, APPROVING A STATEMENT OF OVERRIDING
CONSIDERATIONS, AND APPROVING A MITIGATION
MONITORING AND REPORTING PROGRAM IN CONNECTION
THEREWITH FOR THE TEMECULA EDUCATIONAL COMPLEX
TO BE DEVELOPED ON APPROXIMATELY 31.1 ACRES OF
PROPERTY LOCATED AT THE NORTHWESTERN CORNER OF
DIAZ ROAD AND DENDY LANE
2. That the City Council Adopt a Resolution entitled:
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND A13K GROUP, LLC, FOR THE TEMECULA
EDUCATIONAL COMPLEX
R:tEducationcomplexUDA Staff Report.doc
3. That the Redevelopment Agency of the City of Temecula Adopt a Resolution entitled:
RESOLUTION NO. RDA 04 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF' TEMECULA APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULAAND
AGK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL
COMPLEX
BACKGROUND: On June 25, 2003, the Agency entered into an Exclusive Negotiating
Agreement (ENA) with the AGK Group, LLC to pursue the development of a mixed use development
incorporating affordable housing, higher education and retail.
During the course of the ENA, the AGK Group (Developer) has pursued the development of the
Temecula Education Center. The Agency and the Developer have worked with representatives of
Mount San Jacinto Community College (Mount San Jacinto), Cal State San Marcos (San Marcos)
and University of California, Riverside Extension (UCR), and representatives from the business
community including Guidant and Southwest Healthcare Systems.
Through the ENA process, Mr. Kading and his team have developed a conceptual site plan,
received letters of interest from the three academic partners and several letters of interest from
commercial and retail entities as well as financial institutions.
Project Description
The proposed project is located on a 31 acre site at the northwest corner of Diaz Road and Dendy
Lane. The project is proposed to be developed in two or more phases as follows:
Phase 1
273 Mixed Income Apartments (50 reserved for Affordable Housing)
• 69,600 sq. ft. East Educational Tower and Core Tower
• 14,500 sq. ft. Retail Space
Phase 2
• 57,600 sq
12,000 sq
16,000 sq
• 10,000 sq
12 Lofts o
23,000 sq
• Grass Am
ft. West Educational Tower
ft. Retail Space
ft. Research and Design Building
ft. Day Care Facility
+er 20,000 sq. ft. Retail Space
ft. Conference Center
phitheater
Each phase includes sufficient parking to support its uses.
Project Accomplishments
The proposed project represents an opportunity to accomplish several goals of the City/Agency as
outlined below:
R TducationcompleADDA Staff Report.doc
1. Creates additional affordable housing to assist the City in meeting its housing element
requirements.
2. Allows the City to attract a higher education facility, which will greatly balance Temecula's
quality of life.
3. Provides a conference facility that would create a hub for economic development activities in
the surrounding industrial parks.
4. Creates retail components that support both the educational facilities and the surrounding
industrial parks, making the proposed complex a true village center.
5. Redirects the predominate traffic patterns by placing housing west of the freeway.
6. Enhances suppoil for French Valley interchange and extension west across Murrieta Creek.
Further, if a project was developed on the property which did not include affordable housing, the
Low -Mod Fund would need to be reimbursed $3.8 million.
Agency Assistance/Disposition and Development Agreement
As envisioned under the. Exclusive Negotiating Agreement, the Agency and the Developer have
been negotiating a Disposition and Development Agreement for this project. On December 19,
2003 the Developer furnished the Agency a signed copy of the DDA and a $100,000 deposit. The
DDA sets forth the milestones and timelines necessary to develop this project.
There are three basic components to the DDA as follows:
1. The developer will purchase the property from the Agency for $3.8 million dollars, assuming
the developer proceeds with the entire project. The purchase will occur in two or more
phases as previously described.
2. The Agency will use the proceeds of the property sales to loan the developer $3.8 million to
develop the 50 units of affordable housing ($76,000 per unit in funding assistance). This
loan is forgiven at the end of 55 years, so long as the developer continues to operate the 50
units of affordable housing consistent with the provisions of the State Redevelopment Law.
3. The developer cannot close escrow and take ownership of the property (per phase) unless
all three of the following milestones are met:
a. The developer receives the necessary City approvals
b. The developer has the necessary private financing in place
c. The developer has 50% of the non-residential buildings pre -leased
The Developer has agreed to install all off -site improvements and complete all mass grading (over -
excavation and re -compaction) for the entire Project (all Phases). If the Developer does not close
on subsequent phases and is in not otherwise in default, the Agency will pay the Developer a pro
rate share of the actual costs incurred for theses improvements.
The Agency will impose: a use covenant for a minimum period of 20 years on the educational
facilities requiring that they be used exclusively for higher educational purposes. If after the first 10
years of the covenant, the Developer provides evidence acceptable to the Agency that the
Developer has not been able to lease to the facilities in compliance with the covenant after diligent
R:1EducationcompleADDA Staff Report.doc
efforts to do so, then Developer may lease such space to a tenant reasonably approved by the
Agency for a use which is compatible with the project.
Time Line
As described in more detail in the Schedule of Performance (Exhibit D of the DDA), the developer
will have 16 months to meet the milestones and close escrow on Phase 1. The developer will then
have 10 months after the close of escrow to complete the necessary on and offsite improvements
for the entire property. The developer has 30 months after the close of escrow to complete the
apartments and first educational tower. The DDA does provide for conditional time extensions. The
timelines set forth in the DDA are the contractual obligation for the Developer's performance.
However, the Developer has also compiled a timeline he believes can be met. Under his timeline,
the project will receive Planning Commission approval in 8 -10 months and will be able to close
escrow on Phase 1 within 12-14 months of executing the DDA. Allowing for an 8 -10 month
construction period, he is anticipating having Phase 1 open within 30 months of executing the DDA
which would be the fall of 2006.
Environmental Review
An Initial Environmental Study (IES) was prepared for this project in June 2003. The preliminary
evaluation of the projects environmental effects determined that there was a potential for some
significant and un-mitigatable impacts. According to the IES, the potential significant impacts were
in the areas of air quality, transportation and traffic, hazards and hazardous materials, and cultural
resources. As a result, the City issued a Notice of Preparation (NOP) on June 19, 2003. A copy of
the Initial Environmental Study and the responses to the NOP are contained in Section 9 of the Draft
Environmental Impact Report. Following the release of the Notice of Preparation, the Initial
Environmental Study was circulated for public review between June 23, 2003 and July 23, 2003. No
additional comments were received on the issues addressed in the IES.
The Draft of the Focused Environmental Impact Report (EIR) was circulated for public review and
comment from November 10, 2003 to December 26, 2003. According to the analysis in the EIR, the
Project is expected to have the following impacts on the environment:
Air Quality — Construction -related
Air Quality — Cumulative
Transportation/Traffic — Cumulative
Hazards and Hazardous Materials
Cultural Resources
Remains Significant after Mitigation
Remains Significant after Mitigation
Remains Significant after Mitigation
Less than Significant with Mitigation
Less than Significant with Mitigation
Asa result, a Statement of Overriding Considerations will be required to approve this Project for the
construction -related air quality impacts and the cumulative air quality and traffic impacts.
The City received comment letters from the State Department of Toxic Substances Control; The
Gas Company, the Riverside Transit Agency, the City of Murrieta, and the law firm of Miranda,
Tomaras and Ogas (representing the Pechanga Band of Luiseno Indians). The comment letters
and the official response to comments are contained in the Final Environmental Impact Report. The
Final EIR incorporates the Draft EIR (by reference), the Response to Comments, the Mitigation
Monitoring Program, and the Statement of Overriding Considerations. The Mitigation Monitoring
Program (MMP) contained in the Final EIR includes modifications to the originally proposed
mitigation measures based upon the comments on the Draft EIR.
RAEducationcompleADDA Staff Report.doc
FISCAL IMPACT: The Redevelopment Agency's Low -Mod Fund has a $3.8 million basis in the
property. The proceeds from the sell of the property will be redistributed back to the 50 units of
affordable housing in the apartment complex.
ATTACHMENTS:
Resolutions
Final Environmental Impact Report
Disposition and Development Agreement
Re -Use Analysis
33433 Report
Site Plan
R:1EducationcompleADDA Staff Report.doc
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DISPOSTION AND
DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND AGK GROUP, LLC, FOR THE TEMECUAL EDUCATIONAL
COMPLEX
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City Council of the City of Temecula hereby finds, determines and
declares that:
A. The Redevelopment Agency of the City of Temecula ("Agency") is a
community redevelopment agency duly organized and existing under the Community
Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has
been authorized to transact business and exercise the powers of a redevelopment
agency pursuant to action of the City Council of the City of Temecula.
B. On June 12, 1988, the Board of Supervisors of the County of Riverside
adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for
Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in
accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula
was incorporated. The boundaries of the Project Area described in the Plan are entirely
within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the
City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing
the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the
Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City
of Temecula and the Redevelopment Agency of the City of Temecula assumed
jurisdiction over the Plan as of July 1, 1991.
C. The Disposition and Development Agreement ("Agreement")
approved by this Resolution is intended to effectuate the Redevelopment Plan for the
Agency's Redevelopment Project Area No. 1988-1, as amended, by contributing certain
real property and providing financial assistance to be used by the Developer to develop
the Temecula Educational Complex. The proposed Temecula Educational Complex will
be built on a 31.1 acre site located southwesterly of the intersection of Diaz Road and
Cherry Street within the Project Area and will consist of the following components
subject to the terms of the proposed Disposition and Development Agreement and City
approvals: (1) Conference center; (2) two college educational classroom buildings
(termed educational towers); (3) central five- story signature tower; (4) amphitheater; (5)
support commercial facilities, including day care and retail uses; (6) possible
professional and research office space; (7) multi —family housing; and (8) parking areas
to support all of the above described uses(collectively the "Project"). The multi -family
housing will consist of 273 units of which 50 will be affordable to persons and families of
very low income as defined in Section 50105 of the California Health and Safety Code
(i.e. to families earning up to 50% of Riverside median income).
R:/Resos 2004/Resos 04-
D. The Agreement is also intended to effectuate the objectives of the Agency
and the City of Temecula (the "City") in complying with their obligation to provide low and
moderate income housing pursuant to the Health and Safety Code of California and the
goals of the Cit•('s Housing Element to the Temecula General Plan. The Developer's
development of the Project and the fulfillment generally of this Agreement are in the best
interest of the City and the welfare of its residents, and in accordance with the public
purposes and provisions of applicable federal, state, and local laws and requirements.
E. Pursuant to the provisions of Health & Safety Code Sections 33430,
33431 and 33433, on February 24, 2004 the Agency duly noticed and held a joint public
hearing before the Board of Directors of the Redevelopment Agency of the City of
Temecula and the City Council of the City of Temecula concerning the approval of the
proposed Disposition and Development Agreement with Developer.
F. Pursuant to the requirements of Health & Safety Code Section 33433, a
comprehensive report summarizing and analyzing the proposed Disposition and
Development Agreement. The report specifically contains the information required by
Section 33433 and has been prepared within the time limit set forth therein and made
available for public review from the date of the first publication of the notice of public
hearing.
G. The conveyance of the property as proposed by the Disposition and
Development Agreement is at a price which is not less than fair market based on the
Agency's real estate appraisal and analysis.
H. The development of the Project as required by the Agreement will assist
in the elimination of blight in the Project Area as identified in the proceedings establish-
ing the Project Area in that development of Project on the Site will: (1) Facilitate land
development which will result in employment opportunities and an expanded tax base;
(2) facilitate the development or educational facilities which will assist in providing
educational opportunities and job training to residents and workers in the in the Project
Area and the City of Temecula; (3) consolidate irregular and substandard properties into
a site appropriate for development; (4) encourage and provide for development of vacant
properties in accordance with the Plan; (5) create a mixed use environment to reduce
vehicle trips by locating the educational facility in conjunction with residential, retail and
day care opportunities; and (6) preserve, improve, and expand housing opportunities for
low and moderate income residents.
I. The Agreement is consistent with the Redevelopment Plan and the
Implementation Plan adopted by the Agency for the Project Area adopted by the
Agency.
J. The redevelopment of the Project site as provided in the Agreement and
is consistent with the City's General Plan.
K. The Agency is specifically authorized by Health & Safety Code Sections
33430, 33431 and 33433, and other applicable law, to enter into the Disposition and
Development Agreement.
L. The Agency Board and City Council have duly considered all terms and
conditions of the: proposed Agreement and believes that such agreement is in the best
R:/Resos 2004/Resos 04-
interests of the Agency and City and the health, safety, and welfare of its residents, and
in accord with the public purposes and provisions of applicable State and local law
requirements.
M. Following consideration of the entire record of information received at the
public hearings before the Agency and City Council, and due consideration of the
proposed Project, the Redevelopment Agency adopted Resolution No. 04-
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE
CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
PREPARED FOR THE TEMECULA EDUCATIONAL COMPLEX PROJECT, THE
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND
AGK GROUP, L,LC. FOR THE DEVELOPMENT OF THE TEMECULA EDUCATIONAL
COMPLEX, AND RELATED ACTIONS, AND ADOPTING THE FINDING PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, APPROVING A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND APPROVING A
MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION
THEREWITH FOR THE TEMECULA EDUCATIONAL COMPLEX TO BE DEVELOPED
ON APPROXIMATELY 31.1 ACRES OF PROPERTY SOUTHWESTERLY OF THE
INTERSECTION OF DIAZ ROAD AND CHERRY STREET." The Final Environmental
Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses
the impacts associated with the approval of the Temecula Educational Complex, the
Disposition and Development Agreement, and adoption of this Resolution.
N. This Agreement pertains to and affects the ability of all parties to finance
and carry out their statutory purposes and to accomplish the goals of the Plan and is
intended to be a contract within the meaning of Government Code Section 53511.
Section 2. The City Council of the City of Temecula hereby further finds, determines
and declares that:
A. Section 33334.2, et seq. of the CRL authorizes and directs the Agency to
expend a certain percentage of all taxes which are allocated to the Agency pursuant to
the CRL Section 33670 for the purposes of increasing, improving and preserving the
community's supply of housing available at affordable housing costs to persons and
families of low to moderate income, including lower income and very low income
households.
B. Pursuant to the CRL, the Agency has established a Low and Moderate
Income Housing Fund (the "Housing Fund").
C. Pursuant to the CRL Section 33334.2(e), in carrying out its affordable
housing activities, the Agency is authorized to provide subsidies to or for the benefit of
very low and lower income households, or persons and families of low or moderate
income to the e>dent those households cannot obtain housing at affordable costs on the
open market.
D. Developer proposes, with the assistance of the Agency, to develop the
Project and upon completion to make available for the longest feasible period of time all
of the housing units in the Project at affordable rents to very low income households.
R:/Resos 2004/Resos 04-
E. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the Agency
may accept financial or other assistance from any public or private source, for the
Agency's activities, powers, and duties, and expend any funds so received for any of the
purposes of the CRL.
F. The expenditures from the Housing Fund as contemplated by the
Agreement approved by this Resolution will directly and specifically increase, improve,
and preserve the community's supply of very low income housing within the meaning of
Health and Safety Code Section 33334.2 and will be of benefit to the Project Area by
providing new housing which restricted so as to be affordable for occupancy by very low
income households.
G. The California Legislature declares in Health and Safety Code Section
37000, et seq., that new forms of cooperation with the private sector, such as leased
housing, disposition of real property acquired through redevelopment, development
approvals, and other forms of housing assistance may involve close participation with
the private sector in meeting housing needs, without amounting to development,
construction or acquisition of low rent housing projects as contemplated under Article
XXXIV of the State Constitution and that the Agreement approved hereby is not subject
to the provisions of said Article XXXIV.
Section 3. While the Agency determines that participation in the feasibility analysis,
financing, and development of the Project does not constitute development, construction or
acquisition of a low -rent housing project within the meaning of Article XXXIV of the State
Constitution, this Resolution is hereby deemed to constitute approval within the meaning of
Health and Safety Code: Section 37001.5 of a proposal which may result in housing assistance
benefiting persons of low income.
Section 4. The City Council concurs in the finding that the lien of the covenants
required pursuant to the Agreement may be subordinated to financing for the Project because.
an economically feasible alternative method of financing the Project on substantially comparable
terms and conditions, but without subordination, is not reasonably available.
Section 5. The City Council of the City of Temecula hereby consents to the Agency
approval that certain agreement entitled "Disposition and Development Agreement" by and
Between Temecula Redevelopment Agency and AGK Group, LLC, a California Limited Liability
Company, and the agreements referred to therein, with such changes in such document as may
be mutually agreed upon by the Developer and the Agency Executive Director as are in
substantial conformance: with the form of such Agreement which is on file in the Office of the
Agency Secretary.
Section 7. The City Clerk shall certify the adoption of this Resolution.
R:/Resos 2004/Resos 04- 4
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this
16`" day of March, 2004.
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, CIVIC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan Jones, CIVIC, City Clerk of the City Council of the City of Temecula, do hereby
certify that the Resolution No. 04- was duly and regularly ado�ted by the City Council
of the City of Temecula at a regular meeting thereof, held on March 16` , 2004, by the following
vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Susan W. Jones, CIVIC
City Clerk
R:/Resos 2004/Resos 04-
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT PREPARED FOR THE TEMECULA
EDUCATIONAL COMPLEX PROJECT, THE DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND
AGK GROUP, LLC. FOR THE DEVELOPMENT OF THE
TEMECULA EDUCATIONAL COMPLEX, AND RELATED
ACTIONS, AND ADOPTING FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, APPROVING
A STATEMENT OF OVERRIDING CONSIDERATIONS, AND
APPROVING A MITIGATION MONITORING AND REPORTING
PROGRAM IN CONNECTION THEREWITH FOR THE
TEMECULA EDUCATIONAL COMPLEX TO BE DEVELOPED
ON APPROXIMATELY 31.1 ACRES OF PROPERTY
SOUTHWESTERLY OF THE INTERSECTION OF DIAZ ROAD
AND DEIVDY LANE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Temecula ("City") hereby finds and
determines as follows in making findings of fact pursuant to Section 15091 of the California
Environmental Quality Act ("CEQA")
a. Pursuant to the California Environmental Quality Act ("CEQA"), the
Council is the lead agency for the Project as the public agency with both general governmental
powers and the principle: responsibility for implementing the Project.
b. A Notice of Preparation of a Draft Environmental Impact Report ("Draft
EIR") was issued on June 12, 2004, inviting comments from responsible agencies, other
regulatory agencies, organizations and individuals pursuant to State CEQA Guidelines section
15082.
C. Written statements were received by the City in response to the Notice
of Preparation, which assisted the City in narrowing the issues and alternatives for analysis in
the Draft EIR.
d. A Draft EIR was prepared by the City pursuant to State CEQA
Guidelines section 15168 to analyze potential adverse environmental impacts of Project
implementation pursuant to CEQA.
e. Upon completion of the Draft EIR dated November 10, 2003, the City
initiated a 45-day public comment period by filing a Notice of Completion with the State Office of
Planning and Research; which comment period closed on December 26, 2003.
f. The City also published a Notice of Availability for the Draft EIR in a
newspaper of general circulation. Copies of the Draft EIR were sent to public agencies,
organizations, and individuals. In addition, the City placed copies of the Draft EIR in public
libraries in Riverside County and made copies available for review at City offices.
R:/Resos 2004/Resos 04-
g. During and before the official public review period for the Draft EIR, the
City received written comments, all of which were responded to by the City. Those comments
and the responses are included as part of the Final Environmental Impact Report/Response to
Comments document ("Final EIR").
h. Pursuant to Public Resources Code section 21092.5, the City provided
its responses to all commentators and released the Final Environmental Impact Report on
February 13, 2004.
i. Section 15091 of the State CEQA Guidelines prevents the City from
approving or carrying out a project for which an EIR has been completed that identifies any
significant environmental effects unless the City makes one or more of the following written
finding(s) for each of those significant effects accompanied by a brief explanation of the
rationale for each finding:
(1) Changes or alterations have been required in, or incorporated into, the project
which ,avoid or substantially lessen the significant environmental effects as
identified in the final EIR; or,
(2) Such changes or alterations are within the responsibility and jurisdiction of
another public Council and not the Council making the finding. Such changes
have been adopted by such other Council or can and should be adopted by
such other Council; or,
(3) Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained workers,
make infeasible the mitigation measures or project alternatives identified in the
final EIIR.
j. Section 15093 of the State CEQA Guidelines requires that if the
Project will cause significant unavoidable adverse impacts, the City must adopt a Statement of
Overriding Considerations prior to approving the project. A Statement of Overriding
Considerations states that any significant adverse project effects are acceptable if expected
project benefits outweigh unavoidable adverse environmental impacts.
k. Exhibit A to this Resolution contains the findings of the Council with
respect to the Project which establish the basis for the approval and certification of the Final
Environmental Impact Report for the Project. Exhibit A, "Candidate Facts, Finding, and
Statement of Overriding Considerations Regarding the Environmental Effects From
Implementing the Temecula Educational Complex Project," is hereby incorporated herein by this
reference as though set forth in full.
I. Findings describing the Project, environmental review, and
preparation of the Draf: EIR and Final EIR, are set forth in Section 1 of this Resolution and
Sections A, B, and C of Exhibit A.
M. Environmental impacts identified in the Final EIR which the Council
finds are less than significant and do not require mitigation and environmental impacts identified
in the Final EIR as potentially significant, but which the Council finds can be mitigated to a less
than significant level through the imposition of mitigation measures and/or conditions identified
in the Final EIR and Project and set forth herein are described in Section 2 of this Resoluttion
and Section D of Exhibit A.
R:/Resos 2004/Resos 04-
n. Environmental impacts identified in the Final EIR as potentially
significant but which the Council finds cannot be fully mitigated to a less than significant level
despite the imposition of all feasible mitigation measures described in Section 3 of this
Resolution and Section E of Exhibit A.
o. Alternatives to the Project that might eliminate or reduce significant
environmental impacts are described in Section 4 of this Resolution and Section F of Exhibit A.
P. A discussion of Project benefits identified by Council and City staff and
a Statement of Overriding Considerations for the environmental impacts that cannot be fully
mitigated to a less than significant level are set forth in Section 5 of this Resolution and in
Sections G and H of Exhibit A.
q. Public Resources Code section 21081.6 requires the Council to
prepare and adopt a mitigation monitoring and reporting program for any project for which
mitigation measures have been imposed to assure compliance with the adopted mitigation
measures.
r. Prior to taking action, the Council and the Redevelopment Agency of
the City of Temecula held a joint public hearing concerning the proposed Project on March 16,
2004 at which time, members of the public had an additional opportunity to supplement the
administrative record by testifying before the Council and the Agency concerning the Project.
The Council and Agency have heard, been presented with, reviewed and considered all of the
information and data in the administrative record including the Final EIR, and all oral and written
testimony presented to it during meetings and hearings. The Final EIR reflects the independent
judgment of the Council and is deemed adequate for purposes of making decisions on the
merits of the Project and related actions. No comments or any additional information submitted
to the City have produced any substantial new information requiring circulation or additional
environmental review of the Final EIR under Cli nor do the minor modifications to the Final
EIR require additional public review because no new significant environmental impacts were
identified, no substantial increase in the severity of any environmental impacts would occur.
Section 2. Findings Concerning Impacts Which will have Less than Significant
Impact. The Council hereby finds and declares that based on all of the evidence presented,
including the Final EIR, written and oral testimony given at meetings and hearings, and
submission of testimony from the public, organizations, and regulatory agencies, the
environmental impacts associated with the Project which will have a less than significant impact
through the Initial Study are listed in Section D of Exhibit A to this Resolution. The Council
hereby further finds that mitigation measures outlined in the Draft EIR have been incorporated
into the Project that avoid or substantially lessen potentially significant environmental impacts
identified in the Project Draft EIR to a less than significant level and that such impacts are listed
in Section D of Exhibit P, to this Resolution.
Section 3. Findings Concerning Impacts Which Will Which Cannot be Fully
Mitigated and Statement of Overriding Considerations Concerning These impacts. The
Council hereby finds and declares that based on all of the evidence presented, including the
Final EIR, written and oral testimony given at meetings and hearings, and submission of
testimony from the public, organizations, and regulatory agencies, that, despite the
incorporation of mitigation measures outlined in the Draft EIR, the impacts listed in Section E of
Exhibit A cannot be fully mitigated to a less than significant level, and a Statement of Overriding
Considerations is therefore included as part of Section 5 of this Resolution.
R:/Resos 2004/Resos 04-
Section 4. Findings Concerning Alternatives. CEQA requires that an EIR evaluate a
reasonable range of alternatives to a Project, or to the location of the Project, which: (1) offer
substantial environmental advantages over the Project proposal, and (2) may be feasibly
accomplished in a successful manner within a reasonable period of time considering the
economic, environmental, social and technological factors involved. An EIR must only evaluate
reasonable alternatives to a Project which could feasibly attain most of the Project objectives,
and evaluate the comparative merits of the alternatives. In all cases, the consideration of
alternatives is to be judged against a "rule of reason." The lead agency is not required to
choose the "environmentally superior' alternative identified in an EIR if the alternative does not
provide substantial advantages over the proposed Project and (1) through the imposition of
mitigation measures the environmental effects of a Project can be reduced to an acceptable
level, or (2) there are social, economic, technological or other considerations which make the
alternative infeasible. The Council hereby finds and declares that based on all of the evidence
presented, including the; Final EIR, written and oral testimony given at meetings and hearings,
and submission of testimony from the public, organizations, and regulatory agencies, that it has
considered the alternatives identified in the Draft EIR as described in Section F of Exhibit A to
this Resolution in the manner required by CEQA.
Section 5. Project Benefits and Statement of Overriding Considerations.
Pursuant to State CEQA Guidelines section 15093, the Council must balance the benefits of the
Project against any unavoidable environmental impacts in determining whether to recommend
approval of the Project. If the benefits of the Project outweigh the unavoidable adverse
environmental impacts, those impacts may be considered "acceptable."
a. The Council hereby finds that the Draft EIR has identified and discussed
significant effects that will occur as a result of the Project. With the implementation of the
mitigation measures discussed in the Draft EIR and Project, these effects can be mitigated to a
less than significant level except for the unavoidable significant impacts as discussed in Section
2, 3 and 4 of this Resolution.
b. The Council declares that it has made a reasonable and good faith effort to
eliminate or substantially mitigate the potential impacts resulting from the Project.
C. The Council finds that to the extent any mitigation measures recommended in the
Draft EIR and/or Project could not be incorporated, such mitigation measures are infeasible
because they would impose restrictions on the Project that would prohibit the realization of
specific economic, social, and other benefits that the Council finds outweigh the unmitigated.
d. The Council declares that, having reduced the adverse significant environmental
effects of the Project to the extent feasible by recommending adopting of the proposed
mitigation measures, having considered the entire administrative record on the Project, and
having weighed the benefits of the Project against its unavoidable adverse impacts after
mitigation, the Council has determined that the social, economic, and environmental benefits of
the Project outweigh the potential unavoidable adverse impacts and render those potential
adverse environmental impacts acceptable based upon the project benefits and overriding
considerations described in Sections G and H of Exhibit A to this Resolution.
e. The Council finds that the foregoing benefits provided to the public through
approval and implementation of the Project outweigh the identified significant adverse
environmental impacts of the Project which cannot be mitigated. The Council further finds that
each of the Project benefits outweighs the unavoidable adverse environmental effects identified
R:/Resos 2004/Resos 04-
in the Draft EIR and therefore finds those impacts to be acceptable. Each of the benefits listed
above, standing alone, is sufficient justification for the Council to override these unavoidable
environmental impacts.
f. The Council finds that it has reviewed and considered the Final EIR in evaluating
the Project, that the Final EIR is an accurate and objective statement that fully complies with the
CEQA, State CEQA Guidelines and the City's local CEQA Guidelines and that the Final EIR
reflects the independent judgment of the Council.
Section 6. Certification of EIR. The Council hereby certifies the Final
Environmental Impact Report for the Temecula Educational Complex based on the following
findings and conclusions:
a. All significant environmental impacts from implementation of the Project have
been identified in the Draft EIR and, with implementation of the mitigation measures identified,
will be mitigated to a level of insignificance, except for those impacts listed in Section 3 of this
Resolution.
b. Other reasonable alternatives to the Project, which could feasibly achieve the
basic objectives of the Project, have been considered and rejected in favor of the Project as
discussed in Section 4 of this Resolution.
C. Environmental, economic, social and other considerations and benefits derived
from the development of the Project override and make infeasible any alternatives to the Project
or further mitigation measures beyond those incorporated into the Project as discussed in
Section 5 of this Resolution.
Section 7. Adoption of Recommendation for the Adoption of a Mitigation
Monitoring and Reporting Program. The Council hereby adopts the Mitigation Monitoring
and Reporting Program, attached to this Resolution as Exhibit B. Exhibit B is attached hereto
and incorporated herein by this reference as though set forth in full. In the event of any
inconsistencies between the mitigation measures as set forth herein and the Mitigation
Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall
control.
Section 8. Location of Records. The documents and materials that constitute the
record of proceedings on which these Findings have been based are located at the City of
Temecula, 43200 Business Park Drive, Temecula, California 92590. The custodian for these
records is the Director of Redevelopment, John Meyer. This information is provided in
compliance with Public Resources Code section 21081.6.
Section 9. Effective Date. The Resolution shall become effective upon its adoption.
The Council Secretary shall certify to the adoption of this Resolution.
R:/Resos 2004/Resos 04-
PASSED, APPROVED, AND ADOPTED, by the Board of Directors of the
Redevelopment Council of the City of Temecula this 16`" day of March, 2004.
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, CIVIC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CIVIC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 04-_ was duly and regularly ado�ted by the City Council of the City of
Temecula at a regular meeting thereof held on the 16` day of March, 2004, by the following
vote:
AYES: 0 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0
ABSTAIN: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CIVIC
City Clerk
R:/Resos 2004/Resos 04- 6
EXHIBIT A
THE FINDINGS
CANDIDATE FACTS, FINDING, AND STATEMENT OF
OVERRIDING CONSIDERATIONS REGARDING THE
ENVIRONMENTAL EFFECTS FROM IMPLEMENTING
THE TEMECULA EDUCATION COMPLEX PROJECT
A. INTRODUCTION
The City of Temecula (City), in approving the Temecula Education Complex Project (TEC or
proposed project), makes the findings described below, based on the facts summarized in this
document, and adopts the statement of overriding considerations presented at the end of the
findings. Hereafter, the following document (Final Temecula Education Complex Environmental
Impact Report, SCH #2003061117) will be referred to as the "FEIR" for the term Final Environ-
mental Impact Report. The total action that may be implemented by approval of the TEC
Project consists of all of the actions outlined in the FEIR and the application materials submitted
to the City of Temecula to date to create a facility to provide post -high school education
programs by several area colleges and universities.
Adoption and implementation of the TEC Project constitutes the "proposed project" that will be
evaluated in this FEIR. To carry out this proposal, the City of Temecula and the project
applicant, the AGK Group, LLC, compiled a Conceptual Site Plan (Figure 2-3 fo the FEIR), the
identifies the type and location of required facilities to meet the educational objective described
above. It is the total program outlined in the Conceptual Site Plan and Project Description (see
Chapter 4 of the FEIR) that constitutes the proposed project evaluated in the FEIR.
B. PROJECT SUMMARY
B.1 PROJECT LOCATION
Locally, the project site is situated about one mile west of the 1-15 freeway and westerly of and
adjacent to Murrieta Creek near the foot of the easterly slope of the Santa Rosa Mountains.
The site is located within the northwestern portion of the City and is bounded by Diaz Road on
the east; Dendy Parkway on the south; and the proposed Cherry Street alignment and the
corporate boundary of the City of Temecula to the north.
B.2 PROJECT CHARACTERISTICS
To accomplish the above project objectives, the applicant has submitted a CUP application, a
Development Plan that provides a conceptual level plan of site development as well as a
Disposition and Development Agreement. Approval by the City of these applications and
entitlements constitute the authorization to implement the Temecula Education Complex and
the facilities outlined below. If the project changes in the future as individual phases are
implemented, subsequent environmental documentation will be prepared in accordance with
Section 15162 of the State CEQA Guidelines.
The AGK Group in cooperation with the City of Temecula Redevelopment Agency (RDA) is
proposing to construct the Temecula Education Complex (TEC) Project. The TEC Project is a
mixed use development focused on educational facilities and supporting uses to be located on
-1-
the 34.73-acre parcel of land owned by the RDA at the location described in the previous
section.
The TEC facilities are being proposed to consolidate college education activities within the City
of Temecula at a single location to serve the surrounding community. Classes being offered by
the University of California Riverside, California State University San Marcos and the Mount
San Jacinto Junior College District will be consolidated at the TEC.
The facilities proposed to be developed at the TEC include:
1. Conference Center: single story structure with 23,000 square feet (sf)
2. West Education Tower: four or five story classroom structure with 57,600 sf
3. Core Tower: five -story signature tower
4. East Education Tower: four or five story classroom structure with 57,600 sf
5. Amphitheater: an outdoor grass amphitheater with stage
6. Day Care Facility: 16,000 sf single story day care center with play yard
7. Retail: 13,500 sf single -story retail center
8. Retail: 14,500 sf single -story retail center
9. Mixed Use:-40,000 sf mixed use two-story structure with-20,000 sf of
bottom floor and an estimated 15 "loft" residential units for rent or sale
10. Apartments (Craek Walk): 280 apartment units three to four stories in heighl
11. Research and Development (R&D) Multi -tenant: 16,000 sf
professional/office complex
retail on the
single -story
12. Parking Areas: six parking areas encompassing 1,530 parking spaces, including open
parking lots, parking structures, and garages
It is anticipated that the above facilities will be constructed in three phases, but phasing will
actually be dependent upon demand by the colleges and area demand for the facilities. Phase
1 is proposed to include the following: core tower, east education tower, day care center, retail,
retail/loft, the Apartments and requisite support parking. Phase 2 is proposed to include:
amphitheater, conference center and retail. Phase 3 is proposed to include: the R&D Multi -
tenant and west education tower. Parking facilities will be installed based on demand by the
facilities in each phase and the need for site access and circulation. Landscape and hardscape
components are also :shown on Figure 2-3 and will be installed concurrent with the facilities
constructed during each phase. All perimeter landscaping will be installed as part of Phase I.
Areas not being developed during the early phases will be maintained with a grass and/or park-
like groundcover until needed for facility construction. Individual structures are estimated to
require from 3 to 9 months to construct. Once completed several thousand students per day
will received education at the proposed project facilities.
C. ENVIRONMENTAL REVIEW
The entire administrative record, including the project applications, the FEIR, public comments
and responses, City Staff reports, and these facts, findings and statement of overriding
considerations, serve eis the basis for the City of Temecula's environmental determination. The
City Council's environmental determination is that the FEIR addresses all of the potential
impacts from implementing the proposed as outlined above and defined in detail in Chapter 4 of
the FEIR. The detailed environmental impacts and proposed mitigation measures for the future
development of TEC facilities are presented in Chapter 5 of the FEIR and in the responses to
comments (under separate cover) which is part of the FEIR. Alternatives to the proposed
-2-
project are discussed in Chapter 6 of the FEIR. Evaluations of growth inducement, cumulative
impacts, and irreversible commitment of resources are provided in Chapter 7, Topical Issues, of
the FEIR. The following findings contain a summary of the facts used in making determinations
for each environmental issues addressed in the FEIR.
Consideration of the EIR: The CEQA environmental review process for the TEC
Project was initiated on June 12, 2003 with the release of the Notice of Preparation
(NOP) for public review and comment. The NOP comment period ended on July 12,
2003 and a total of either comment letters were received from the public. The NOP
identified four issues of focus in a Draft EIR: air quality, transportation/traffic; hazards
and hazardous materials; and cultural resources. After review of the NOP comments,
the scope of the Draft EIR was finalized and no additional issues were added to the
scope of the DEIR.
The TEC Project DEIR was released to the public for review and comment on November
10, 2003. The mandatory 45-day review period closed on December 26, 2003. A total
of six comment letters, including the State Clearinghouse comment closure letter, were
received on the DEIR.
The Final Environmental Impact Report, FEIR, dated February 13, 2004, was
transmitted to all parties, including public agencies, that commented on the DEIR to
fulfill the requirements of Section 21092.5 of the CEQA statute. The FEIR and all
supporting material has been made available to the Temecula City Council and a
summary of the FEIR and its findings presented directly to the Council for consideration
in making its decision to certify the FEIR and approve the TEC Project.
The Temecula City Council makes the following certifications pursuant to the California
Environmental Quality Act Guidelines Section 15090. The City Council finds and
certifies that the FEIR has been completed in compliance with CEQA. The City Council
certifies that all voting members have reviewed and considered the FEIR prior to
approving the TEC Project implementation. In addition, all voting City Council members
have reviewed and considered the additional information presented at or prior to the
public hearing on March 16, 2004. The City Council further finds and certifies that the
FEIR reflects the independent judgement and analysis of the City, the Council and its
Staff and the FEIR is adequate for this proposed project.
2. Full Disclosure: The Temecula City Council finds and certifies that the FOR
constitutes a complete, accurate, adequate and good faith effort at full disclosure under
CEQA.
3. Location of Record Proceedings: The documents and other materials which
constitute the record of proceeding upon which this decision is based are in the custody
of the City of Temecula located at 43200 Business Park Drive, Temecula, California.
This information is provided in compliance with Public Resources Code §21081.6(a)(2).
4. City of Temecula as Lead Agency Under CEQA: The City of Temecula is the 'lead
agency" as defined by CEQA Guidelines Section 15050. In compliance with its authority
and responsibility for overseeing land use decisions and redevelopment projects within
its incorporated area, The City has prepared the Draft and Final EIRs for the TEC
-3-
Project, prepared these facts, findings and Statement of Overriding Considerations in
accordance with the CEQA Guidelines and the Public Resources Code, and will carry
out all other duties and responsibilities required of a lead agency under the Public
Resources Code and the CEQA Guidelines.
D. FINDINGS
Presented below are the environmental findings made by the City of Temecula after its review
of the documents referenced above; and consideration of written and oral comments on the
proposed project at a public hearing, including all other information provided during the
decision -making process. These findings provide a summary of the information contained in
the FEIR, related technical documents, and the public hearing record that have been
referenced by the Temecula City Council in making its decision to approve the TEC Project for
immediate implementation as the first step in achieving fulfillment of this several phased
education complex.
The FEIR prepared for the TEC Project addresses the consequences of implementing
construction of all three phases of the Project and operation of educational, residential,
commercial and professional office uses on this approximate 31 acre site in the northwestern
portion of the City of -Temecula. This FEIR, and supporting Initial Study, evaluated 15 major
environmental issues categories for potential significant adverse impacts. The major
environmental issue categories presented in the FEIR, are: air quality; transportationttraffic,
hazards and hazardous materials; and cultural resources. The issues found in the Initial Study
to have no potential for significant adverse impact included: land use and planning; population
and housing; geology and soils; hydrology and water quality; biological resources; mineral
resources; noise; public services; utilities and service systems; aesthetics; and recreation.
When all impact categories are included, the FEIR reached a total of 30 findings on
environmental issues. Short and long-term impacts and project -specific and cumulative
impacts were evaluated for implementation of the proposed project. Some of the issue
categories contained several subissues which are summarized below. Of these 15 major
environmental categories, the City Council concurs with the findings in the FEIR, that the issues
and subissues discussed below are either not significant without mitigation or they can be
mitigated below a significant impact threshold. Further, for those issues which cannot be
mitigated below a level of significance, the City finds that overriding considerations exist which
make those impacts acceptable.
Those environmental Tissue categories identified in the FEIR and Initial Study as having no
potential for significant adverse impact, with or without mitigation, are described below in
Section E. The discussion in Section E summarizes the facts and findings contained in the
FEIR and Initial Study for the nonsignificant issues, including those for which mitigation has
been identified to reduce impacts below a significant level.
Unavoidable (unmitigable) significant adverse impacts of the project are described in Section F
of this document. This is followed by an analysis and comparison of the alternatives to the
proposed project which are described in Section G of this document. Project benefits are
described in Section H. The balancing of benefits and impacts and the statement of overriding
considerations for this ,project are described and evaluated in Section I of this document.
-4-
Several additional mitigation measures were identified for modification and implementation in
the Responses to Comments of the FEIR. These changes were made in response to
comments received regarding cultural resources. The changes have been incorporated into the
FEIR and Mitigation Monitoring and Reporting Program (MMRP). All of these changes in
mitigation measures remain within the scope of the performance standards outlined in the
DEIR, as indicated in the responses to comments to Comment Letter #6. Mitigation measures
referenced in this document are also contained in the MMRP which is attached to the FEIR.
The mitigation measures that were incorporated in the MMRP identify mitigation measures
which are the responsibility of City of Temecula. Monitoring of certain cultural resource
measures will be sharEid with the Pechanga Bands of LuiseC o Indians (hereinafter, "Pechanga
Tribe"). The monitoring program ensures that the measures identified in the FEIR are
implemented in accordance with mitigation discussions in the FEIR.
E. NONSIGNIFICANT IMPACTS IDENTIFIED IN THE FOR
The following issues were identified in the FEIR as having no potential to cause significant
impact or were capable of having impacts reduced below a significant level by implementing the
identified mitigation measures. Many of these issues were determined to fall below a level of
significant impact in the Initial Study prepared for this project. The Initial Study is incorporated
as part of the FOR as Subchapter 9.1. In the following presentation, each resource issue is
identified; it is followed by a summary description of the potential significant adverse
environmental effect and a short discussion of the findings and facts in the administrative
record, as defined above.
The Temecula City Council hereby finds that all mitigation measures identified in the FEIR will
be implemented to mitigate certain impacts of this project and will be incorporated into or will be
required of the project to avoid or substantially lessen potentially significant environmental
impacts to a less than significant level of impact. Public Resources Code Section 21081 states
that no public agency shall approve or carry out a project for which an environmental impact
report has been completed which identifies one or more significant effects, unless the public
agency makes one, or more, of the following findings:
a. Changes or alterations have been required in, or incorporated into the project which
mitigate or avoid the significant environmental effects thereof as identified in the
completed environmental impact report;
b. Such changes or alterations are within the responsibility and jurisdiction of another
public agency and such changes have been adopted by such agency or can and should
be adopted by such other agency; and/or
C. Specific economic, social or other considerations make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
The City Council hereby finds, pursuant to Public Resources Section 21081, that the following
issues are nonsignificant adverse impacts because they have no potential to cause a significant
adverse impact or bemuse mitigation measures will be implemented, as outlined below, to
reduce a potential significant impact to a less than significant level of impact. The City Council
further finds that no additional mitigation measures or project changes are required to reduce
-5-
the potential impacts discussed in this section to a less than significant level of impact. These
issues and the measures adopted to mitigate them to a level of insignificance are as follows.
Issues Determined to tie Nonsignificant in the Initial Study
Land Use
a. Physically divide an established community. -
Facts: The project site is located in the northwest corner of the City of Temecula
surrounded by graded pads, Murrieta Creek floodplain, the Rancho California
wastewater treatment plans (WWTP) and light industrial development (to the
south). The project area is designated for Public Institutional uses.
Finding: The development of this site would result in an isolated education facility/campus in
an industrial area and would not divide an established community.
b. Conflicts with applicable land use plans, policies or regulations:
Facts: The Temecula Education Complex represents the type of use envisioned for the
Public Institutional (PI) land use designation. Specifically, this facility will contain
college education classrooms, cultural facilities (amphitheater) and support
facilities, such as libraries. The only other permit required for the project site is the
mandated construction stormwater NPDES permit which is filed with the State
Water Resources Control Board. Mitigation is provided to control stormwater
pollution during both construction and occupancy to an acceptable, (consistent with
Regional Board discharge requirement) nonsignificant level of impact. In addition,
the developer will be required to modify the FEMA FIRM map by removing the
project site from the 100-year flood hazard zone.
Finding: Therefore, no potential for significant conflict with any environmental plan or
regulation is forecast to occur if the proposed project is implemented on the project
site with mitigation identified in the geology and hydrology sections of this
document.
c. Conflicts with applicable habitat conservation plans:
Facts: The project: site consists of undeveloped property that is bounded by a mix of light
industrial, graded development pad, floodplain and open space uses. Only one
habitat conservation plan encompasses the project site, and it is the adopted
mitigation plan for the Stephen's Kangaroo Rat (SKR). The project developer is
required to pay the requisite $500 per acre fee for developing the 31.1 acre site
($15,500) as further discussed in the biology section of this document.
Finding: With payment of the mandatory fee for the SKR habitat conservation plan, no
significant conflict with the one applicable habitat conservation plan can occur.
2. Population and Housing
a. Induce substaniYa/ population growth in the area:
Facts: The City General Plan designated this approximate 31-acre site for Public and
Institutional Facility uses. The site is already served by all utilities and services and
road access, so no indirect growth inducement is forecast to result from
implementing this proposed project. As proposed, the Temecula Education
Complex is designed to meet the existing demand for college level education from
several institutions of higher learning and would include classroom and educational
support facilities, retail commercial, office/professional and multi -family residential
uses. These uses will be developed and operated in direct support of the
educational complex.
The same reasoning applies to the proposed 295 residential units (apartment and
loft units). These units will be mostly associated with operation of the educational
facilities. The proposed 295 units constitute 0.5% of the maximum number of total
units and 1.6% of the maximum number of multi -family units in the City of
Temecula. The addition of up to 295 additional multi -family units within the City of
Temecula falls well within the range of the 27,353-51,555 total residential units and
of the 11,579-18,764 multi -family residential units forecast in the City's General
Plan on Table 2-2. The range of multi -family units listed above reflects the range of
densities (7=20 dwelling units per acre) permitted within the multi -family residential
land use deisignations within the City.
Finding: The addition of 295 residential units represents such a small increment of units that
the impact is not considered significantly growth inducing. Further, at an occupancy
rate of 2.8c! persons per unit, the total population that may occupy this project at full
occupancy (295 x 2.83 = 834.8) is about 835 persons. This value is consistent with
the statistical range of population forecast on Table 4-2A of the General Plan, which
at full builcl-out of the City is forecast to range from 78,671 to 145,650 persons.
Thus, the project will not induce population growth that exceeds the range
envisioned in the General Plan. As a result, no significant population or housing
impacts are anticipated and no mitigation is required.
b. Displace a substantial number of existing houses:
Facts: The project site is presently unoccupied by any housing.
Finding: The proposed project has no potential to displace any existing housing.
C. Displace substantial numbers of people:
Facts: The project site is presently unoccupied by people.
Finding: The proposed project has no potential to displace any existing population.
3. Geology and Soils
a.i) Expose people or structures to potential substantial adverse effects from fault
rupture:
7-
Facts: The project: site is located in a portion of the Elsinore Trough, which is itself located
within the Peninsular Ranges Geomorphic Province. This trough is a sedimentary
basin that is located between the active Wildomar fault and the older Willard fault.
A detailed description of the City's geology and soils is contained in Chapter 4.1 of
the City's General Plan Environmental Impact Report (GPEIR).
According to the GPEIR, the City of Temecula is in Groundshaking Zone II which
will experience moderate to intense groundshaking in the event of a major regional
earthquake. The project site is located 2,400 feet southwest of the Wildomar Fault
(outside of its Alquist-Priolo zone) and about 2,200 feet northeast of the Willard
fault. The Murrieta Creek fault (shown as the Willard Fault Zone on Figure 7-1 of
the General Plan) is considered active and it is within an Alquist-Priolo zone. The
zone occupies the western -most portion of the project site, as shown on Figure 7-1
of the City's General Plan. Geology Mitigation Measure No. 5 is identified in
Section 4.11.3 of the GPEIR and it is deemed adequate to reduce most potential
groundshaking impacts to a level of nonsignificance. This measure is mandated for
implementation as part of the City's General Plan and requires adequate setbacks
from any active fault trace.
Finding: Based on the conditional mitigation required in the General Plan, the proposed
project will not expose people or structures to fault rupture hazards.
a.fi) Expose people or structures to potential substantial adverse effects from ground
shaking:
Facts: According to the GPEIR, the City of Temecula is in Groundshaking Zone II which
will experience moderate to intense groundshaking in the event of a major regional
earthquake. Geology Mitigation Measure No. 5 is identified in Section 4.1.3 of the
GPEIR and it is deemed adequate to reduce most potential groundshaking impacts
to a level of nonsignificance. Because this site will be used for public gatherings,
additional mitigation measures are proposed to ensure that the proposed project will
not expose people or structures to significant ground shaking hazards that could
include the loss, injury or death of people.
The following mitigation measure shall be implemented to control the onsite ground
shaking hazards to a level of nonsignificant impact:
3.a-1 A comprehensive geotechnical investigation shall be required prior to engineering and
design development of structures Identified under Risk Class I & 11, e.g., public
facilities and residences, as Identified below.
Risk Class I & 11, Structures Critically Needed after Disaster. Structures that are critically
needed after a disaster include important utility centers, fire stations, police
stations, emergency communication facilities, hospitals, and critical
transportation elements such as bridges and overpasses and smaller dams.
Acceptable Damage: Minor non-structural; facility should remain operational
and safe, or be suitable for quick restoration of service.
a. Resist minor earthquakes without damage;
b. Resist moderate earthquakes without structural damage, but with some non-
structural damage; or
-f3-
C. Resist major earthquakes, of the Intensity or severity of the strongest exper-
lanced in California, without collapse, but with some structural, as well
as non-structural damage.
Finding: Because this site will be used for public gatherings, additional mitigation measures will
be implemented to ensure that the proposed project will not expose people or structures to
significant ground shaking hazards that could include the loss, injury or death of people.
a.ffi) Expose people or structures to potential substantial adverse effects from seismic
related ground i'ailure, including liquefaction:
Facts: A review of the City's Subsidence/Liquefaction Hazards in the General Plan (Figure
7-2) indicates that the project site is located within a zone of potential subsidence or
liquefaction. The proposed project has a very high probability of being exposed to
liquefaction hazards. Mitigation 3a will ensure that adequate foundation support will
be provided to protect structures from liquefaction hazards that may affect the
project site.
Finding: Because this site will be used for public gatherings, additional mitigation measures
will be implemented to ensure that the proposed project will not expose people or
structures to significant liquefaction hazards that could include the loss, injury or
death of people.
a.iv) Expose people �Dr structures to potential substantial adverse effects from landslide
hazards:
Facts: Because the majority of the project site is located on the relatively flat (less than 2%
slope) valley floor, no landslides were observed on the property proposed for devel-
opment.
Findine: The lack of observed landslides in the western portion of the project site and the low
vertical relief of the site would indicate a low potential for being exposed to
significant landslide hazards on this project site.
b. Result in substantial erosion or loss of topsoil:
Facts: Development of the project site will increase the site's exposure to potentially signi-
ficant erosion hazards and downstream sedimentation. Specific requirements have
been established under the state-wide National Pollutant Discharge Elimination
System (NPDES) permitting program that requires every construction project larger
than one acre to implement a Storm Water Pollution Prevention Plan (SWPPP)
during construction and during long-term occupancy. Best Management Practices
(BMPs) are identified in the SWPPP to control erosion on a site and any
sedimentation generated by disturbing the site for development. Structural
measures include managing runoff through detention basins, filtering stormwater to
remove certain pollutants, use of drainage management material, such as fiber
mats or straw bales, and isolating flows from sources of pollution. The following
mitigation measures shall be implemented for construction and occupancy erosion
control.
0
3.b-1 The developer shall file a Notice of Intent to obtain coverage under the State
construction program pursuant to NPDES, prepare a SWPPP for the site, and
implement BMPs identified in the Santa Margarita Watershed Drainage Area
Management Plan (DAMP). The performance standard that shall be met is to
minimize erosion on the site and release no more than 10% suspended
sediment from the project site when compared to present conditions. In
addition, during construction urban pollutants, grease, oil, etc. shall be
reduced by 80% of concentrations In stormwater discharges from the site
without BMPs. The same standard shall be used for permanent stormwater
discharges from the project site during occupancy.
3.b-2 Developer shall submit a grading and erosion control plan to the Department of Public
Works for approval. This plan shall incorporate the measures included in the
SWPPP that is designed to achieve the performance standard outlined In
measure 3.b.1 above.
Over the king -term, landscape and hardscape features can control generation of
degraded stormwater. Aside from requiring additional time, energy and material to
install and maintain such stormwater pollution management features/equipment, the
implementation of BMPs for this project are not forecast to cause significant
adverse impacts on their own.
C. Be located on a geologic unit or soil that is unstable, or that would become
unstable:
Facts: As noted Linder issue 3.a, the project site has a potential for significant instability
related to subsidence and liquefaction.
Findings: Mitigation has been identified above to address this issue. With implementation of
the mitigation outlined above the potential for instability is reduced to a less than
significant level.
d. Be located on expansive soil, as defined in Table 1801-8 of the Uniform Building
Code (1994), creating substantial risks to life or property:
Facts: Based on a review of the' Western Riverside Area California Soil Survey", the site is
underlain by the Monserate-Arlington-Exeter Soil Association, consisting primarily of
Chino silt loam and Grangeville fine sandy loam soils, which have a minimal
potential to be expansive or create hazards related to expansive soils.
Findings: The soil occurring at this location is not expansive as defined in Table 1801-B of the
Uniform Building Code, so no adverse impact due to expansive soils can occur.
e. Have soil incapable of adequately supporting the use of septic tanks or alternative
waste water disposal systems:
Facts: The project site will be served by a sewer collection system.
Findings: There is no potential for the site to have adverse impacts related to use of
subsurface wastewater disposal systems.
4. Hydrology and Water t]uality
-10-
a. Violate any water quality standards or waste discharge requirements:
Facts: The proposed project consists of a mixture of classrooms, retail commercial
facilities, professional office facilities, residential facilities and supporting
landscaped and hardscaped exterior areas, including parking structures. The uses
proposed for this site do not generate wastewater, other than domestic, which
would require treatment or waste discharge requirements. Stormwater runoff from
the site must be controlled as outlined under mitigation measure 3b. Domestic
wastewater will be delivered to the regional treatment plant for treatment under
waste discharge requirements established by the San Diego Regional Water
Quality Control Board. As noted above, during construction and occupancy,
implementation of Bli as outlined in Supplement A of the Santa Margarita
Watershed DAMP will be implemented which will control non -point sources of
stormwater pollution to a level of nonsignificance. See mitigation measure 3b.
Findings: With implementation of the referenced measures, no water quality standards are
forecast to be violated by implementing the proposed project.
b. Substantially deplate groundwater supplies or create a net deficit in the aquifer:
Facts: The project[ site is located on the valley floor outside of the normal Murrieta Creek
floodplain. The eastern portion of the site is located within the 100-year flood
boundary, but outside of the floodway as defined on Figure 7-3 of the General Plan.
On rare occasions the site may have served as a recharge area, but recent use of
the site has caused substantial compaction of the property soils, which would
minimize the site's value as a current recharge location. The proposed project does
not include any extraction of groundwater, so no adverse direct impact can result
from implementing the proposed project. The GPEIR addresses water demand
from development in the City of Temecula, including the proposed project site for
Public and Institutional Facility uses.
Finding: Therefore, the project has no potential to adversely interfere with groundwater
recharge. The GPEIR concludes that cumulative water demand within the City can
be met by the City's two purveyors (Rancho California Water District and Eastern
Municipal Water District) without having a significant adverse impact on the environ-
ment, including depletion of the area's groundwater supplies. This conclusion is
further verified by the adopted Rancho California Water District Urban Water
Master Plan. Therefore, the proposed project will not contribute to a significant
cumulative, indirect adverse impact on the area groundwater aquifers.
C. Substantially alter the existing drainage pattern of the site or area that could cause
erosion or siltation on- or off -site:
Facts: The projec4 site presently drains to the adjacent roadways south and east of the
project site (Diaz Road and Dendy Parkway). From there, surface runoff is
collected in the local storm drainage system and delivered to Murrieta Creek, which
is located across (east) Diaz Road from the project site (see Figures 2 and 3),
which is the regional flood control system for the western portion of the Temecula
-11-
Valley. The regional drainage system includes Murrieta Creek and ultimately the
Santa Margarita River. The existing drainage pattern will be retained after project
development. However, the property elevation will be raised by about two feet
adjacent to Diaz Road to a level one -foot above the 100-year flood hazard elevation
to protect the site from the 100-year flood.
Finding: The proposed project will not change the existing drainage pattern of the project
site, nor will it affect drainage to or from adjacent properties. Erosion and siltation
issues are addressed in previous discussions, and erosion and siltation will be
controlled by mitigation measure 3b.
d. Substantially al ter the existing drainage pattern of the site or area that could cause
flooding on- or off -site:
Facts: As previously described, the project will not alter the existing site or area drainage
system. It will increase runoff as a result of increasing the impervious surface on
the project site. However, the City imposes standard mitigation to detain
incremental surface runoff on the property to ensure that the stormwater runoff
volume frorn the developed site is not increased from development.
Finding: With implementation of the City's mandatory mitigation measure (detention of
stormwater flows in excess of existing site runoff), no adverse impacts due to
increased discharge of stormwater from the site are forecast to affect downstream
properties.
e. Create or contribute runoff water which could exceed the capacity of existing or
planned drainage systems or generate substantial addition polluted runoff:
Facts: As previously described, the project will not alter the existing site or area drainage
system. It will increase runoff as a result of increasing the impervious surface on
the project site. However, the City imposes standard mitigation to detain
incremental surface runoff on the property to ensure that the stormwater runoff
volume from the developed site is not increased from development.
Finding: With implementation of the City's mandatory mitigation measure (detention of
stormwater flows in excess of existing site runoff), no adverse impacts due to
increased discharge of stormwater from the site are forecast to affect downstream
properties. Implementation of mitigation measure 3b will control the potential for
the project site and activities to generate substantial pollution that could degrade
water quality.
Otherwise substantially degrade water quality:
Facts: The uses proposed for this site do not generate wastewater, other than domestic,
which would require treatment or waste discharge requirements. Stormwater runoff
from the site must be controlled as outlined under mitigation measure 3b. Domestic
wastewater will be delivered to the regional treatment plant for treatment under
waste discharge requirements established by the San Diego Regional Water
Quality Control Board. As noted above, during construction and occupancy,
-12-
implementation of BMPs as outlined in Supplement A of the Santa Margarita
Watershed DAMP will be implemented which will control non -point sources of
stormwater pollution to a level of nonsignificance. See mitigation measure 3b.
Findings: With implementation of the referenced measures, no substantial degradation of
water quality is forecast to occur by implementing the proposed project.
g. Place housing within a 100-year flood hazard area:
Facts: The projecit site is located on the valley floor, and the eastern portion of the site is
located in the vicinity of the identified 100-year flood hazard area for Murrieta
Creek. The potential for exposure to significant flood hazards will require mitigation
to prevent residents and structures from being exposed to significant flood hazards.
4.g-1 That portion of the site within the 100-year flood hazard area shall be elevated by
approximately two feet, or at least one foot above the 100-flood elevation on
the property. The Federal Emergency Management Agency (FEMA) FIRM map
shall be revised to reflect the removal of the project site from the hazard maps
after the site elevation is modified by project grading.
Finding: With the change in the project required by this mitigation measures, the proposed
project will not result in placing housing or structures within the 100-year flood
hazard area.
h. Place structures within the 100-year flood hazard area that would impede or
redirect flood flows:
Facts: The project site is located on the valley floor and the elevation of the project site
places it far enough above the 100-year flood hazard area to eliminate a potential to
impede or redirect flood flows..
Findings: The project does not have any significant potential to impede or redirect flood flows.
The Murrieta Creek channel will continue to carry the 100-year flood flows from the
project site and upstream area without significant impact downstream. Also, see
preceding discussion.
Expose people or structures to significant risk from flooding related to failure of a
dam or levee:
Facts: The eastern portion of the project site is shown on Figure 7-4 of the Temecula
General Plan to be within an area exposed to inundation from a dam failure at Lake
Skinner, which is located in the upper portion of the Santa Gertrudis Creek, a
tributary of Murrieta Creek. The project site is also exposed to the dam inundation
area from failure of the Diamond Valley Lake dams, which would flow down Warm
Springs Crtaek to Murrieta Creek and the project site.
Finding: The potential for this hazard to affect the site is considered low enough that the City
does not require setbacks from the shallow flows that would reach this site from the
dams which are more than ten miles from the project site. The City has
implemented a multi -hazard functional plan pursuant to the California Emergency
-13-
Services Act. The proposed project does not contain any critical or essential
facilities; therefore, no mitigation is required for this site.
j. Inundation by seiche, tsunami or mudf/ow.
Facts: There are no nearby water bodies that could cause inundation due to seiche,
tsunami or mudflows. Please refer to the discussion in 4.i above which addresses
the potential for surface water damage due to potential dam inundation.
Finding: No impact is forecast and no mitigation is required.
5. Air Quality
a. Conflict with or obstruct implementation of the applicable air quality plan:
Facts: The proposed project incorporates 280 new residential units which has been
evaluated (See Section 2, Population and Housing) as being consistent with City's
General Plan which has been integrated into SCAG's Regional Comprehensive
Plan and Guide (RCPG) and the SCAQMD Air Quality Management Plan (AQMP).
The analysis in the population section of this document indicates that the total
number of residential units permitted within the City will not be increased in the
aggregate due to development at lower than maximum densities within the City.
Findings: Development of the project site will not conflict with any applicable air quality plan,
such as the 2003 Air Quality Management Plan and the most recent Regional
Comprehensive Plan and Guide.
e. Create objectionable odors affecting a substantial number of people:
Facts: None of the activities at the project site have a potential to generate significant
odors or create substantial odor concentrations that could harm sensitive receptors.
The project site is located near two wastewater treatment plants which can
generate odors during upset events. The Rancho California WWTP is located
immediately north of the project site and the Eastern Municipal WWTP is located
about 1/4 mile to the south of the project site.
Findings: Since negative odor generation is a random event and not continuous, no
significant adverse odor impacts are forecast to impact the future uses on the
project site,
6. Transportation ITraffic
C. Change air traffic patterns such that a substantial safety risk is created.
Facts: The project site is not located near any airport.
Findings: Therefore, the proposed project has no potential to adversely impact any air traffic
patterns.
14-
d. Substantially increase hazards due to project design features or incompatible
uses:
Facts: Based on a review of the proposed project circulation system improvements
described in the project description, no roadway hazards will be created by
implementing the proposed project.
Findinas: Therefore, the proposed project cannot substantially increase traffic hazards.
e. Result in inadequate emergency access:
Facts: Emergency access to the project site will be facilitated with the proposed extension
of the Diaz Road paved road section to the City of Temecula/Murrieta boundary and
the construction of the two adjacent roadways, Cherry and Dandy.
Findings: Since the roadways will be installed prior to occupying the project facilities, no
potential exists to adversely impact emergency access to the project area.
f. Result in inadequate parking capacity.
Facts: Adequate onsite parking will be provided through a combination of parking
structure(s)i and parking lots, as required. A total of approximately 1,530 parking
spaces and garages will be provided to meet the City's Development Code parking
requirements.
Findings: Therefore, the proposed project will not result in inadequate parking capacity.
g. Conflict with adopted policies, plans or programs supporting alternative
transportation:
Facts: The project will be conditioned to provide alternative transportation facilities, bike
and mass transit facilities, consistent with the road improvements serving the
project site. Also, please refer to the discussion in Chapter 2 which responds to the
RTA comment letter on the Notice of Preparation.
Findinas: No conflict or adverse impact to adopted alternative transportation policies, plans or
programs is forecast to occur from implementing the proposed project.
7. Biological Resources
a. Have a substantial direct and indirect adverse effect on any sensitive species
identified by the Fish and Wildlife Service and Department of Fish and Game:
Facts: The general biological survey conducted by Tom Dodson & Associates indicates
that the project site is a completely unvegetated, heavily disturbed parcel of land. A
single, large eucalyptus tree is located on the parcel according to the report
accompanying site photographs.
-15-
Findin s: No suitablo habitat for any state or federally listed Threatened or Endangered
species was found on the project site. No threatened or endangered species,
including no Quino checkerspot butterflies (QCB), no Stephen's kangaroo rat
(Dipodomys stephensi) and no California gnatcatchers (CAGN) were identified on
the property. The project site is located within the Riverside County HCP for the
Stephen's Kangaroo rat (Dipodomys stephenst) and the project will be required to
contribute $500 per acre to the HCP fund to address general impacts from
urbanization in southwestern Riverside County. No significant biological resource
impacts are forecast to occur.
b-c. Significantly effect identified riparian or other sensitive natural plant communities
or adversely effect federally protected wetlands:
Facts: According to the jurisdictional delineation conducted by Tom Dodson & Associates,
no riparian or wetland resources occur on the project site.
Findings: Therefore, development of the proposed project can not adversely impact such
resources.
d. Substantially interfere with movement of fish or wildlife species, a migratory
wildlife corridor or wildlife nursery site:
Facts: The project site is generally located north of industrial warehousing development,
south of the wastewater treatment plant, west of Murrieta Creek and east of the
Santa Rosa Plateau. Immediate surrounding land uses are disturbed, annual
grasslands to the east, west and north and industrial development to the south.
The site has extremely limited habitat value as it is currently heavily impacted by off -
road vehicle and rodeo recreational uses.
Findings: As such, this site's development has very low potential to adversely impact wildlife
movement.
e. Conflict with /Deal policies or ordinances protecting biological resources:
Facts: There is a single eucalyptus tree with a diameter at breast height greater than six
inches on the site. Since this tree is a non-native and not locally significant, the
developer is not required to obtain such a permit and no mitigation is required.
Findings The only local policy or ordinance that might apply to biological resources on this
site is the local tree ordinance, and because the only tree is non-native, the
ordinance does not apply.
f. Conflict with provisions of an adopted conservation plan:
Facts: The project would comply with the SKR Habitat Conservation Plan by paying
mitigation fees. At the writing of this initial study, the Riverside County
Transportation and Land Management Agency (TLMA) has completed a Draft
Western Riverside County Multi -Species Habitat Conservation Plan (MSHCP). The
draft plan shows a proposed constrained wildlife linkage adjacent to the subject
project site along Murrieta Creek. The plan identifies proposed constrained
-16-
linkages as a constricted linkage where options are limited because of existing
patterns of land use. Murrieta Creek is not depicted on the map of the linkages, but
its location and potential to serve as a linkage are consistent with identifying the
Creek area as a linkage. The City of Temecula is in the process of developing a
trail system along the Murrieta Creek in conjunction with the City of Murrieta that
further supports establishing the creek easement as a linkage.
Findings: Development of the proposed project does not conflict with the provisions of any
habitat conservation plan. The project as proposed would also not conflict with the
establishment of a habitat linkage along Murrieta Creek.
8. Mineral Resources
a. Result in the loss of availability of a known mineral resource:
Facts: There are no mineral resource designations nor any known mineral resources on
this project site. The General Plan, page 5-20, indicates that the area within the
City's boundaries, including the project site, have been assigned a zoning
classification of MRZ-3 by the State Geologist ("Mineral Land Classification of the
Temescal Valley Area, Riverside County, California, Special Report 165"). The
MRZ-3 classification is a designation indicating that sedimentary deposits occur in
the area but these areas do not contain sand and gravel deposits of significant
economic value based on the available data.
Findings: Based on the available data, no mineral resources occur on the project site and the
project will not affect the availability of any known mineral resource.
b. Result in the loss of availability of a locally important mineral resources recovery
site:
Facts: Development of the site has no potential to lose access to known and available
mineral resources since none are known to occur on the project site, nor is access
required across the site to such resources.
Findings: Based on the available data, no mineral resources of local importance occur on the
project site and the project will not affect the availability of any known local mineral
resources.
9. Hazards and Hazardous Materials
a. Create significant hazard to the public or the environment through routine
transportation, use, or disposal of hazardous materials:
Facts: The proposed project will consist of education, retail, office and residential uses that
do not involve any potential for routine transport or use of hazardous materials or
routine generation of hazardous wastes.
Findings: Therefore, the proposed project cannot create a significant hazard to the public or
the environment through its implementation.
-17-
b. Create a significant hazard to the public or environment through reasonably
foreseeable upset and accident conditions through release of hazardous materials
to the environment:
Facts: Adjacent industrial uses include light industrial warehouses and the Rancho
California WWTP, and based on the type of uses on adjacent properties, little or no
potential exists for accidental releases to the environment. The project will result in
a less than significant impact due to risk of explosion, or the release of any
hazardous substances in the event of accident or upset conditions on the project
site. Further, during construction a potential exists to either discover contaminated
soil or to accidentally release contaminated soil. Specific, mitigation measures have
been identified to address these random accidental exposures or releases.
5.4-1 The developer shall retain an on -call Industrial hygiene firm that will respond
Immediately to any discovery of soil contamination during grading to
determine the nature of the contamination. Before proceeding with site
development, any discovered contamination shall be treated or removed from
the area with residual soil concentrations being reduced to the regulatory
thresholds In place at the time of construction. The contaminated material
shall be managed In a manner that does not expose employees or other
humans to significant health hazards and shall be either treated or removed
from the site so that It no longer poses any hazard.
5.4-2 Man accidental spill occurs during construction, the developer shall halt construction in
the area of contamination; limit the area of contamination to the maximum
exlent feasible; collect all contaminated soil at the site to either background
levels of contamination or to the appropriate regulatory standard of allowed
contamination; transport the material to a licensed treatment or disposal
facility.
Findings: Since no significant quantities of hazardous materials will be used or hazardous
wastes generated on the site, no potential exists for significant impacts to the
environment from upset or accidental release conditions from long-term onsite
operations. During construction the implementation of the mitigation measures
outlined above will be sufficient to ensure that hazards from discovery or release of
contaminants can prevent exposure of the environment or people to significant
health risk.
C. Emit hazardous emission or handle hazardous materials or substances within 114
mile of a proposed school.
Facts: The proposed project will result in the location of a health risk sensitive use in an
area that stores and uses chemicals which can create a health risk hazard under
accidental release conditions. The potential for a significant accidental release to
the environment is considered low because the facilities have been designed and
are managed to minimize such releases and potential fire hazards. However, the
risk of exposure is an unavoidable adverse impact that must be mitigated by
measure 5.4-3 (above) to ensure that evacuation from the site can proceed quickly
enough to be protective of human health. This measure reads:
5["
5.43 Prior to occupancy the developer shall submit an evacuation plan for the Temecula
Education Complex (TEC) to the City Fire Department for review and approval.
Thi's evacuation plan shall include provisions for relocating the occupants of
the site to a safe location at an appropriate distance from an accidental
release. The performance standard to be achieved by the TEC evacuation plan
MY be to include a response time for initiating relocation within two minutes
folPowing notice to the occupants to evacuate and a means of informing the
occupants (such as an alarm systems Onsite managers shall be available to
d/fact occupants away from the accidental release in accordance with the
evacuation plan.
Findings: With implementation of the mitigation measure 5.4-3, the potential exposure to
hazards will be reduced to a less than significant level of impact.
d. Located on a site which is included on a list of hazardous materials sites, and
would create a significant hazard to the public or environment.
Facts: The project site is not identified as a contaminated site under Government Code
Section 65962.5.
Findinas: With no contaminated site, the proposed project can not create a significant hazard
to the public or environment.
e. For a project located within an airport land use plan would the project result in a
safety hazard for people residing or working in the project area:
Facts: The project: site is not near any airport or private air strip.
Finding: Therefore, it has no potential to adversely impact airport operations or be impacted
by such operations.
L For a project located near a private airstrip within an airport land use plan would
the project result In a safety hazard for people residing or working in the project
area:
Facts: The project: site is not near any airport or private air strip.
Findings: Therefore, it has no potential to adversely impact airstrip operations or be impacted
by such operations.
g. Impair implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan:
Facts: The site is located at the end of an existing road at the City's northern boundary.
New roads will provide adequate emergency access to the site and no specific City
emergency response plan or evacuation plan affects the project area.
Findings: The project site has no potential to modify or adversely affect an adopted
emergency response plan or evacuation plan.
-19-
h. Expose people or structures to a significant risk or loss, from wildland fire
hazards:
Facts: The project site does not contain any wildland fire hazard onsite based on a lack of
any vegetation to create a fuel load. In addition, due to the surrounding urban
development this fire hazard is not considered significant.
Findings: Based on the lack of fuel load, the project will not expose people or structures to
significant wildland fire hazards.
10. Noise
a. Expose people i!o severe noise levels in excess of standards:
Facts: A 65 CNE:L (Community Noise Equivalent Level ) has been adopted as the
maximum exterior noise level acceptable for type of uses in the project area.
Background noise levels in this area are expected to be below the 55 dBA CNEL
level because little or no traffic occurs in the project area and no stationary sources
of noise presently occur in the immediate project area.
In the short-term, construction activities will be the only source of noise at the
project site. Routine construction activities are loud, rising to 90 dBA over short
periods, but by implementing standard mitigation during construction (outlined
below), construction noise impacts can be controlled so they do not present a
significant or severe noise impact. If piles must be installed as part of foundations
for the taller structures proposed on the project site, then severe noise will be
generated that could adversely impact construction employees and nearby
industrial uses. Mitigation for this severe noise shall include the following:
10.a-1 All severe noise generation (noise sources above 90 dBA) shall be restricted to daylight
hours between 7 a.m. and 6 p.m when there are occupied dwelling units within
114 mile of site construction.
10.a-2 All occupied properties within 800 feet of the project site (this represents the point
where 30 dBA of noise attenuation will occur) shall be notified of the severe
noise generating activity (such as pile driving) and a noise complaintfresponse
program established. If complaints are received, noise barriers shall be
installed between the noise source and the receptor to reduce noise to an
level.
10.a3 If pile driving or comparable noise/vibration activities will occur during construction,
businesses within 114 mile will be notified of this activity prior to initiating such
construction activity.
Once the project site is occupied, the activities will include new traffic, educational
activities, an outdoor amphitheater, residential, retail and office uses. None of
these activities, except possibly the use of the outdoor amphitheater for concerts,
consists of activities that could generate severe noise levels that would impact
existing or future residential uses. In the event that outdoor concerts are held at the
amphitheater, the noise levels shall be controlled and mitigated in the following
manner.
-20-
10.a-4 Noise levels during concerts shall be controlled such that the nearest sensitive noise
receptor is not exposed to continuous noise levels of 65 dBA during a concert
and transient noise levels at the receptor shall not exceed 80 dBA, which with
an assumed 20 dB attenuation In a structure will not exceed the 60 dBA
exterior threshold established by the City for sensitive uses.
Findings: With implementation of the above measures, the potential for exposing sensitive
uses, such as future residential uses on the campus, to severe noise levels will be
controlled to a less than significant level of impact.
b. Exposure of persons to or generation of excessive groundborne vibration or
groundborne noise levels:
Facts: If pile driving activities are required to support structures, a potential exists to
expose employees of adjacent businesses to excessive groundborne vibration
and/or groundborne noise levels. Pile driving activities do not cause significant
groundborre vibration or noise levels, but mitigation is required to prevent such
vibration or noise from causing harm to persons. The following measure will be
implemented:
10.a3It pile driving or comparable noisaMbration activities will occur during construction,
businesses within 114 mile will be notified of this activity prior to initiating such
construction activity.
Findings: With implementation of the above measure the potential for exposing people to
significant groundborne vibration or noise will be controlled to a less than significant
level of impact.
C. Substantial permanent increase in ambient noise levels in the project vicinity
above ambient levels:
Facts: Once the project site is occupied, the activities will include new traffic, educational
activities, an outdoor amphitheater, residential, retail and office uses. None of
these activities, except possibly the use of the outdoor amphitheater for concerts,
consists of activities that could generate severe noise levels that would impact
existing or future residential uses. In the event that outdoor concerts are held at the
amphitheater, the noise levels shall be controlled and mitigated in the following
manner.
10.a4 Noise levels during concerts shall be controlled such that the nearest sensitive noise
receptor Is not exposed to continuous noise levels of 65 dBA during a concert
and transient noise levels at the receptor shall not exceed 80 dBA, which with
an assumed 20 dB attenuation in a structure will not exceed the 60 dBA
exterior threshold established by the City for sensitive uses.
Findings: With implernentation of the above measure the potential for permanent significant
noise effects from project implementation can be controlled to a less than significant
level.
d. Substantial temporary or periodic increase In ambient noise levels above ambient
noise levels:
-21-
Facts: During construction, noise levels will be associated with construction equipment and
activity during grading and construction of individual structures. The greatest
potential for conflict between noise sensitive uses and construction activities will
occur after the residential uses are constructed on the project site and new building
construction activity is initiated. The following mitigation measures (including
measures 10.a-1 and 10.a-2) will be implemented during construction to reduce
potentially significant noise impacts to a level of nonsignificance.
f0.b-1 Construction shall be limited to the hours of 7 a.m. to 7 p.m. on Monday through Friday,
and between 9 a.m. to 6 p.m. on Saturday, and shall be prohibited on Sundays
and federal holidays, except In emergencies, for phases that follow
construction and occupation of the onsite residential units.
10.b-2 Utilize construction methods or equipment that will provide the lowest level of noise
impact, le., use newer equipment that will generate lower noise levels.
10.b-3 All construction vehicles and fixed or mobile equipment shall be equipped with properly
operating and maintained mufflers or sound attenuation devices, as specified
In i egulations at the time of construction.
10.b-4 Schedule thin construction such that the absolute minimum number of equipment would
be operating at the same time.
Current background noise levels are relatively low due to the lack of overall human
activity at this site, except, of course, during off -road vehicle and rodeo events. The
low level of traffic projected for this area (ultimate trip generation is 10,435 trips by
year 2010) and the type of activities (educational, residential, commercial, and
office uses) do not consist of activities that could cause significant noise levels.
However, the level of noise associated with the occupancy of the site will increase
and periodically, amphitheater uses may cause higher levels of noise. The
sensitive uses of the site, educational and residential, could periodically be exposed
to significant background noise levels, including transient noise associated with
music concerts. To protect these onsite sensitive uses from unacceptable levels of
noise, the following mitigation shall be implemented.
10.b-6The residential and educational buildings shall be constructed with additional noise
attenuation features, including more insulation, better sound attenuation walls
and double paned windows or equivalent. The educational and building
design shall Include sufficient noise attenuation features to reduce noise
levels within occuplable rooms to less than the 60 dBA noise threshold.
Findings: With implementation of the above measures, no significant adverse temporary or
periodic noise impacts will result from implementing the proposed project.
e. Would the project expose people to excessive noise levels from airport operations:
Facts: The project: site is not located near an airport.
Findings: Therefore, it has no potential to be exposed to significant airport operation noise
impacts.
i Would the project expose people to excessive noise levels from private airstrip
operations:
-22-
Facts: The project site is not located near a private airstrip.
Findings: Therefore, it has no potential to be exposed to significant airstrip operation noise
impacts.
11. Public Services
a. Would the proposal have an effect upon or result in the need for new or altered fire
protection services:
Facts: Development currently extends to the southern boundary of the -31.1-acre project
site. All utilities and services are already available at the project site. The
development of the proposed land uses, consisting of educational, residential,
commercial, office and recreational activities, will result in a small incremental
increase for public services, including fire protection services. Based on a review of
the GPEIR, the City's fire protection impacts from developing the proposed project
can be mitigated to below a significant level by implementing mitigation identified in
that docurnent. These measures include: Fire Service, Measures 1 and 2. In
addition the: payment of Development Impact Fees will further reduce the impacts to
the above listed services to a level of nonsignificant impact.
Findings: With implementation of these measures, the proposed project can be implemented
without causing or contributing to a significant cumulative fire protection services
impact.
b. Would the proposal have an effect upon or result in the need for new or altered law
enforcement services:
Facts: Development currently extends to the southern boundary of the -31.1-acre project
site. All utilities and services are already available at the project site. The
development of the proposed land uses, consisting of educational, residential,
commercial, office and recreational activities, will result in a small incremental
increase for public services, including law enforcement services. Based on a review
of the GPEIR, the City's law enforcement service impacts from developing the
proposed project can be mitigated to below a significant level by implementing
mitigation identified in that document. These measures include: Police Service,
Measures 1-4. In addition the payment of Development Impact Fees will further
reduce the impacts to the above listed services to a level of nonsignificant impact.
Findings: With implementation of these measures, the proposed project can be implemented
without causing or contributing to a significant cumulative law enforcement services
impact.
C. Would the proposal have an effect upon or result in the need for new or altered
school capacity:
Facts: Development currently extends to the southern boundary of the -31.1-acre project
site. All utilities and services are already available at the project site. The
-23-
development of the proposed land uses, consisting of educational, residential,
commercial, office and recreational activities, will result in a limited incremental
demand for school capacity (280 multi -family units). Based on a review of the
GPEIR, the: City's impacts on schools from build out of the City can be mitigated to
below a significant level by implementing mitigation identified in that document.
These measures include: Education, Measures 1-6. In addition the payment of
mandatory school impact fees will further reduce the impacts to the above listed
services to a level of nonsignificant impact.
Findings: With implementation of these measures, the proposed project can be implemented
without causing or contributing to a significant cumulative school capacity impact.
d. Would the proposal have an effect upon or result in the need for new or altered
park and recreation services:
Facts: Development currently extends to the southern boundary of the -31.1-acre project
site. All utilities and services are already available at the project site. The
development of the proposed land uses, consisting of educational, residential,
commercial, office and recreational activities, will result in a small incremental
increase for public services, including park and recreation services. Based on a
review of the GPEIR, the City's park and recreation service impacts from
developing the proposed project can be mitigated to below a significant level by
implementing mitigation identified in that document. These measures include: Park
and Recreation Service Measures 1-8. In addition the payment of Development
Impact Fees will further reduce the impacts to the above listed services to a level of
nonsignificant impact.
Findings: With implernentation of these measures, the proposed project can be implemented
without causing or contributing to a significant demand for park and recreation
impact.
e. Would the proposal have an effect upon or result in the need for new or altered
public facilities not already addressed.
Facts: No impact on any other public facilities or services was identified from project imple-
mentation.
Findings: With no other public facilities or services impacted, no adverse impact can occur.
12. Utilities and Service Systems
a. Would the project exceed wastewater treatment requirements:
Facts: The proposed project will generate and deliver wastewater to the regional
wastewater reclamation facility (RWRF) in Temecula Valley. The facility is operated
by Eastern Municipal Water District (EMWD) and it is located just south of the
project site. The facility currently has a secondary treatment capacity of 8 million
gallons per day (mgd) and a tertiary treatment capacity of 10 mgd. The residential
wastewater generation is estimated to be 250 gallons per day per unit (Equivalent
-24-
Dwelling Unit, EDU) for a total generation of 73,750 gpd. The commercial,
industrial and educational uses will generate about 10 EDU of wastewater flow per
acre. Assuming 30 acres of this type of use, this is equivalent to 300 EDU, or
75,000 gpd. Total estimated volume of wastewater from this proposed project is
148,750 gpd. The EVWD RWRF is designed to be expanded incrementally up to
between 49 and 54 gpd of treatment capacity per day. Expansions are funded by
connection fees and expansions are planned and installed with sufficient capacity to
ensure no deficit of treatment capacity will occur.
Findings: Since the facility has adequate capacity at the present and since the project will
have to pay standard connection fees, no potential for significant impact to the
RWRF is forecast to result from project implementation. Therefore, the proposed
project is riot forecast to cause a violation of wastewater treatment requirements,
either directly or indirectly.
b. Require construction of new water or wastewater treatment facilities or expansion
of existing facilities, which could result in significant impacts:
Facts: According to the GPEIR, adequate capacity exists within the Rancho California
Water District (RCWD) water supply system to provide water supply capacity for the
build -out development within its service area of the City of Temecula. The RCWD
delivers water to customers from existing groundwater wells, imported water
supplies and recycled water (for non -potable purposes). The District's 1997 "Water
Facilities Master Plan Update" indicates that additional water supply sources are
being implemented to meet the future forecast water demand within its service area
of 114,000 acre-feet per year. In a recent evaluation of ability to supply water to
other commercial projects (Redhawk Town Center Subsequent EIR), RCWD
indicated that it could meet near and mid-term water demands as required under
recent state legislation for growth within its service area. The proposed project is
forecast to create a demand for 177,000 gpd for residential uses (600 gpd/unit) and
based on a water duty of about 2,500 gpd per acre for the approximate 30 acres of
commercial, educational and office uses (Table 4-4 of the Plan Update), the
remainder of the site will use about 75,000 gpd. Total water consumption is
estimated to be up to 252,000 gpd.
Findings: Based on the data available, the proposed project will not cause a significant
adverse impact on the water supply system, including any need to expand the
existing wader treatment, storage and delivery system. Other than mandated
requirements for low water consuming fixtures in buildings and a landscape design
that minimizes water consumption, there are no mitigation measures that need to
be implemented to minimize site development consumption of water in the future.
C. Require construction of new stormwater drainage facilities or expansion of existing
facilities which could cause significant environmental effects:
Facts: The site already drains to the existing regional stormwater system which is across
the street.
-25-
Findin s: The connection of this site to the local collection and regional stormwater system
will not cause the need to expand this facility based on detention of storm runoff so
future volume of flow from the site does not exceed the current maximum flows.
d. Have sufficient water supplies available from existing sources or require
acquisitor of expanded entitlements:
Facts: The volume of water required to serve the project site is identified under issue 12.b
above. Adequate water supplies have been identified by the RCWD to meet the
City of Temecula's current and immediate future demands, including the proposed
project. This finding is based on data contained in the District's 1997 'Water
Facilities Master Plan Update"
Findings: Therefore, the proposed proejct will not require new or expanded water
entitlements.
e. Result in a determination by a wastewater treatment provider that insufficient
capacity exists at the wastewater reclamation facility.,
Facts: Adequate wastewater treatment capacity has been identified by the EMWD
Reclaimed Water Master Plan for the City of Temecula's current and immediate
future demands, including the proposed project.
Finding: Therefore, the proposed project will not exceed EMWD's treatment capacity and
require expansion of the existing plant.
Be served by a landfill system with adequate capacity:
Facts: According to the General Plan and the County Solid Waste Management Plan
adequate landfill disposal capacity exists within the regional landfills to meet current
and future demands. This is further verified by the County's solid waste
management plan. Solid waste mitigation measures identified in the GPEIR
(Measures 2 and 3) must be implemented by all projects in the City to meet the
City's source reduction requirements.
Finding: Adequate capacity exists within the County's solid waste management system to
meet the requirements of the proposed project.
g. Comply with federal, state and local statutes and regulations regarding solid
waste:
Facts: By participating in the City's source reduction and recycling element, the proposed
project will comply with all statutes and regulations for management of solid waste.
The proposed project does not pose any significant or unique management require-
ments.
Finding: The project: will fully comply with all statutes and regulations regarding solid waste.
13. Aesthetics and'✓isual Resources
-26-
a. Have a substantial adverse effect on a scenic vista:
Facts: The site is located on the valley floor with the backdrop of the Santa Rosa Plateau
on the background. All proposed facilities will be installed on the valley floor and no
grading, ground disturbance or facilities will extend onto the face of the Plateau's
front ridge. The City reviewed the proposed facilities looking at the background
setting. The maximum height will be 50+ feet and due to the background front
slope of the Santa Rosa Mountains, the new structures will not be skylined against
the background sky. In addition, several structures already exist on the lower
slopes of the front slope that are 50 to 100 feet above the alluvial terrace where the
TEC facilities will be installed.
Findings: Given the already disturbed visual setting with light industrial structures at a height
greater than the proposed facilities, the City concluded that the TEC facilities will
not cause is substantial change in the visual setting. As a result, no scenic vistas
will be adversely impacted at the project location from developing the proposed
project based on the lack of intrusion into a scenic vista.
b. Substantially damage scenic resources:
Facts: The projectt site has no major scenic resources. The site has one eucalyptus tree,
and no rock outcroppings or historic buildings. The project site is not located on a
scenic highway. In fact, historic use of this site for off road vehicle and rodeo
activities has denuded most of the site and created a chopped up visual setting.
Findings: Because the project must meet City design requirements, including those outlined
in the Community Design Element of the General Plan, no adverse damage to any
existing scenic resources will result from the project's implementation.
C. Substantially degrade the existing visual character or quality of the site and its
surroundings:
Facts: As noted in the previous discussions, the project site is highly disturbed and
contains a relatively damaged scenic quality in its present condition. The proposed
project must be constructed to conform with the City's community design guidelines
as referenced above. located adjacent to existing multi -family apartment units.
Mitigation is outlined below to ensure that City-wide design guidelines are
implemented.
13.c-1 The design of the campus structures and open spaces shall conform with the
City-wide design guidelines and requirements.
Findings: Based on lthe requirement to meet these design guidelines, the proposed project
has no potential to substantially degrade the existing visual character of the site and
surroundings.
d. Create a new source of substantial light or glare which would adversely affect day
or night views of the area:
-27-
Facts: The proposed project will contain substantial safety night lighting sources consistent
with its use for class rooms during the evening, as well as daytime, hours. Like all
projects within the area, this project must meet Ordinance 675 requirements of no
conflict with the continued use of the Palomar Observatory. Due to the site's
location, there is no potential for light or glare to adversely impact any light sensitive
areas (residences), nor is there a potential to create light or glare impacts that
would adversely impact a major roadway or highway.
Findings: Therefore, the project has no potential to create significant light and glare impacts
onsite or impacting the surrounding area and uses.
14. Cultural Resources
a. Cause a substantial adverse change in the significance of a historical resource:
Facts: A detailed cultural resources study was conducted at the project site and no
historical resources were identified as occurring on the project site.
Findings: Therefore, the proposed project has no potential to cause a substantial adverse
change in the significance of any historical resource.
b. Cause a substantial adverse change in the significance of an archaeological
resource:
Facts: The project: site is considered to be within a portion of a known archaeological site.
CA-RIV-237 is one of a few Contact or Late Prehistoric Period, LuiseCo habitation
or village sites which may not have been completely destroyed. Implementation of
this project may contribute to the cumulative destruction and alteration of such sites.
CA-RIV-237 has, however, undergone substantial adverse change by previous
development and this project site occupies a relatively small portion of the known
original site. Extensive mitigation, including additional measures identified in com-
ments from the Pechanga Tribe, require additional management actions to be
implemented prior to ground disturbance, incluiding hand excavation, monitoring of
grading, artifact analysis, and documentation of findings has been provided. These
measures include:
5.5-1 The City shall require the project developer to retain an archaeological consultant and
tribal monitors to prepare and implement a plan for an Intensive data recovery
operation by hand excavation, artifact analysis and report preparation such
that potential information can be salvaged prior to the start of site grading.
5.5-2 The City sliall require the developer to Implement a mitigation plan for cultural
resources. The scope and extent of the mitigation plan shall be determined by
consultation between City staff, Pechanga Band of Lulse0o Mission Indians
representatives, and the archaeological consultant for the project.
5.5-3 The City shall require that site grading be monitored by a qualified archaeologist Tribal
monitors designated by the Pechanga Band of Lulse6o Mission Indians shall
also monitor site grading if required by the tribe. The monitors shall have the
aulhority to halt and relocate construction activities If subsurfaces resources
are encountered. Pechanga Tribal monitors will be allowed to monitor all
archaeological surveys, tests and studies. The results of the surveys, tests
K-1
and/or studies will be utilized to define what areas may require avoidance on
the, site and the specifics of how any recovered artifacts shall be managed with
the Tribe, as mutually agreed upon by the City and its technical staff.
5.5-4 Prior to Issuance of a grading permit, the project developer shall enter Into an Agree-
ment with the Pechanga Band of Lu1se0o Indians that addresses the treatment
and disposition of all cultural resources and human remains that may be
Impacted as a result of this development
5.55 The City and site developer agree to relinquish ownership of all cultural resources,
Including all archeological artifacts that are found on the project site, to the
Pa.hange Band of LuiseVo Indians for proper treatment and disposition.
5.55 The Pechanga Tribe will be allowed to conduct a Phase I survey of the project area In
cooperation with the City's qualified archaeologist for the project site. Prior to
conducting the survey, the specific individuals from the Tribe and City will be
Identified and a Phase I survey methodology will be mutually agreed upon. N
doomed necessary by the Pechanga Tribe, the City and Its technical staff,
further Phase 11 surveys will be completed prior to Issuance of any grading
pea nit. Any Phase ll survey activities will be conducted based on a mutually
agreed upon survey methodology and It will be funded by the site developer.
Findings: Implementation of these mitigation measures is considered adequate by the City to
mitigate both the individual and cumulative potential loss of information at the
project site to a less than significant level.
C. Directly or indirectly destroy a unique paleontological resources or site or unique
geologic feature.
Facts: No unique geologic features occur in this area of the City. Figure 55 of the Draft
EIR for the City's General Plan indicates that the potential for buried paleontological
resources on the western portion of the project site is high. Due to the potential for
such resources to occur on the property, the following mitigation measure will be
implemented:
14.c-1 During excavation and hillside cutting activities, a qualified paleontological monitor will
be present and will have the authority to stop and redirect grading activities to
evaluate the significance of any paleontological resources exposed during the
greding activity within the alignment If paleontological resources are
encountered, adequate funding will be provided to collect, curate and report
on these resources to the ensure the values inherent in the resources are ade-
quately characterized and preserved.
Findings: With implementation of this mitigation measure, no significant loss of paleon-
tological resources can occur.
d. Disturb human remains, including those interred outside of formal cemeteries:
Facts: As a potential village site, the EIR concluded that a potential does exist to disturb
human remains during grading of the project site. Such disturbance would be
considered a significant impact of the project unless mitigated.
Finding: Mitigation measure 5.5-4 above identifies specific measures for addressing the
discovery of human remains on the project site. In addition, current law requires the
-29-
County Coroner to be notified of the discovery of such remains and this requirement
will be fulfilled by the project developer. Implementation of these measures,
including specific agreements between the Tribe and developer, are deemed
sufficient to reduce potential discovery of human remains to a less than significant
level of impact.
15. Recreation
a. Would the project Increase the use of existing neighborhood and regional parks in
a manner that could cause deterioration of such facilities:
Facts: There are presently no recreation facilities on the project site, although recreation
events (rodeo and motorcycle/tractor activities) are occasionally staged on the
property. Onsite recreation amenities will be provided as part of the residential
component of the project. The proposed project also includes an amphitheater as
part of the project that may be used for recreational purposes. Due to the proposed
residential uses, a demand for recreational facilities will be generated by the
proposed project. Payment of the recreation component of Development Impact
Fee is required for each residential project. These fees will be paid by the proposed
project, minus any credits for other onsite recreational facilities.
Findings: Based on the inclusion of the outdoor amphitheater feature as part of the proposed
project and payment of fees, the project impact on City recreational facilities is not
forecast to increase significantly. Further, based on the size of the residential com-
ponent of the proposed project (280 units), the cumulative demand for recreational
facilities in the City is not forecast to increase substantially from implementing the
proposed project.
b. Does the project include recreational facilities which might have an adverse
physical effect on the environment.
Facts: The only recreational facility being proposed at this time is the outdoor
amphitheater. Impacts from its construction and utilization of the amphitheater are
examined as part of the overall project. Construction impacts may cause noise and
air emissions that require mitigation and over the long-term operations may result
in noise impacts that also will require mitigation. Mitigation has been identified
under air quality and noise to reduce impacts to a less than significant level.
Findings: With implementation of noise and air quality mitigation measures, the impact from
constructing and operating the amphitheater onsite can be reduced to a less than
significant level.
Based upon the findings presented in the FEIR, the above described environmental issues have
been determined by the City to be: (1) adequately addressed in the FEIR; and (2) impacted to a
degree deemed by the City to be less than significant with implementation of the mitigation
measures identified above and summarized in the Mitigation Monitoring and Reporting
Program. No substantial evidence was subsequently presented to or identified by the City
which further modified or otherwise altered the City's less -than -significant impact determination
for each of these environmental issues. These changes or alterations have been required in, or
-30-
incorporated into the project, and they mitigate or avoid the significant environmental effects
thereof as identified in the FEIR. These changes or alterations are within the responsibility and
jurisdiction of the City of Temecula and such changes have been adopted the City. The City
Council further finds that no additional mitigation measures or project changes are required to
reduce the potential impacts discussed above to a less than significant level.
This concludes the summary of environmental impacts that were identified in the FOR
and the Initial Study as nonsignificant impacts with mitigation related to implementation
of the proposed project.
F. SIGNIFICANT UNAVOIDABLE EFFECTS OF THE PROJECT
The Temecula City Council finds that despite the incorporation of extensive changes and altera-
tions into the proposed project, approving and implementing the Temecula Education Complex
Project will allow two impacts to remain unavoidably significant because these impacts cannot
be mitigated to a nonsignificant level. These unavoidable significant adverse environmental
impacts are air quality and transportation/traffic. For the TEC Project emissions associated with
both construction and operations are forecast to exceed the South Coast Air Quality
Management District's thresholds of significant for several pollutants. For traffic, a potential
short-term cumulative traffic impact will occur at the intersections surrounding the I-
15/Winchester Road interchange. Substantial improvements are being made in this
intersection and ultimately an additional interchange (variously termed Cherry, Date and French
Valley) are forecast to mitigate the cumulative circulation system impacts. Regardless, these
impacts and the measures identified to minimize them to the extent feasible are summarized
below. Thus, the potential for significant effects to occur for this issue would continue to exist
regardless of whether or not the project implements the project changes and mitigation
measures mandated by the City of Temecula in the FOR.
The potential impact to the above listed resources and existing background conditions were
concluded to be significant based on the whole record which demonstrated that this impact
could not be reduced below thresholds of significance by the proposed project changes to the
TEC Project (alternatives, mitigation measures or design changes). To the extent that future
TEC development phases generate the emissions forecast from construction activities and
mobile sources, approval of the TEC Project contributes to the significant impacts as described
in detail below. Thus, despite the incorporation of changes to the proposed project, air quality
and circulation system (traffic) impacts cannot be fully mitigated to a level of insignificance and
a statement of overriding consideration is thereby included herein.
5. Air Ouality
Significant Unavoidable Impact
b. Violate air quality standards or contribute substantially to an existing or projected
air quality violation.
Facts: Since it is assumed that no overlap occurs between construction phases, the
maximum construction emissions are those that occur in each phase. Grading
emissions of fugitive dust will not exceed the 150 lb/day threshold (about 104
Ibs(day, mitigated). Using the SCAQMD URBEMIS model, the emission data
-31-
indicate that SCAQMD threshold of significance for VOC and NOx will be equaled
or exceeded in Phase I and Phase 111. During Phase 1 the following maximum daily
emissions ;are forecast to occur:
-32-
Table 5.2-9
PHASE I CONSTRUCTION EMISSIONS
Pollutant
Emission (Ib/day)
Carbon Monoxide (CO)
5
Volatile Organic Carbon (VOC)
233'
Ni'irogen Oxide (NOx)
305'
Particulate Matter (PMio)
21
Exceeds SCAOMD Significance Thresholds.
Assuming similar construction schedules and techniques, it is forecast that daily
construction emissions for VOC's and NOx will be:
Phase 11
VOC
NOx
Phase 111
VOC
NOx
30 Ibs/day
40 Ibs/day
77 Ibs/day
100 Ibs/day
VOC and NOx Phase II emissions will be well below thresholds of significance while
Phase III emissions will equal significance thresholds for VOC's and NOx. No
exceedanca of thresholds are forecast to occur in Phase II.
The above construction emission forecast incorporates the following mitigation
measures:
5.2-1 The followin;l mitigation measures shall be Implemented throughout construction
aclivities In order to reduce project impacts.
• Use appropriate emission control devices on gasoline and diesel construction
equipment and maintain construction equipment engines by keeping
them tuned.
• Prohibit idling and other unnecessary operation of equipment.
Utilize existing power sources (i.e., temporary power poles) and avoid onsite
power generation.
• Have sufficient equipment at the site to carry out dust -control measures In all areas
covered by the contract work (not just the Immediate area of
construcdonA
• Employ construction activity management techniques, such as: configuring the
construction parking to minimize traffic interference; extending the
construction period; reducing the number of pieces of equipment used
simultaneously; increasing the distance between the emission sources;
and reducing or changing the hours of construction; to minimize
construction activity emissions.
-33-
• Maintain all iovork and access areas free from dust.
• Cover loaded trucks used In construction operations with tarpaulins or maintain at least
2 feet of freeload and wash off trucks leaving the site.
• Sweep streets if silt is carried over to adjacent public thoroughfares.
• Water dust-Sienerating surfaces at intervals to keep all parts of the disturbed area
continuously damp.
• Water the ailg and clean the equipment In the morning and evening.
• Construction operations affecting offsits roadways shall be scheduled for offpeak traffic
hours and shall minimize obstruction of through -traffic lanes.
• Construction activities should be scheduled to occur first on the upwind portion of the
project site to reduce the potential for fugitive dust Impacts in the
downwind areas.
• Develop a traffic plan to minimize traffic flow Interference from construction activities
including advance public notice of routing.
Use low VOC asphalt and coatings.
5.2-2 The proposed project shall submit a plan to control fugitive dust through Implemen-
tatron of reasonably available dust control measures. It shall be prepared and
submitted to the City of Temecula for approval prior to the Issuance of any
greiding permits associated with the project The plan shall specify the fugitive
dust control measures to be employed, Including the above measures at a
minimum.
5.2.3 The project proponent shall comply with all applicable SCAOMD Rules and Regulations.
In particular, SCAOMD Rule 403 shall be adhered to, insuring the clean up of
construction -related dirt on approach routes to the site. Rule 403 prohibits the
reloase of fugitive dust emissions from any active operation, open storage
PRO, or disturbed surface area beyond the property line of the emission
source. Particulate matter deposits on public roadways are also prohibited.
5.2-4 Adequate waitering techniques shall be employed to partially mitigate the Impact of
construction -generated dust particulates. Portions of the project site that are
under -going earth moving operations shall be watered such that a crust will be
formed on the ground surface and then watered again at the and of the day.
5.25 Any vegetative ground cover to be utilized onsits shall be planted as soon as possible to
reduce the disturbed area subject to wind erosion. Irrigation systems needed
to iovater these plants shall be installed as soon as possible to maintain the
ground cover and minimize wind erosion of the soil.
5.2-5 Any construction access roads (other than temporary access roads) shall be paved as
soon as possible and cleaned after each work day. The maximum vehicle
speed limit on unpaved roads shall be 15 mph.
5.2-7 Grading open ations shall be suspended during first and second stage ozone episodes or
when winds exceed 25 mph.
5.2-8 Any construction equipment using diesel drive Internal combustion engines shall use a
diesel fuel with a maximum of 0.05 percent sulfur and a four degree retard.
-34-
5.2-9 Construction personnel shall be Informed of ride sharing opportunities and an incentive
program shall be Implemented by the contractor.
5.2-10 Building construction shall comply with the energy use guidelines In Title 24 of the
California Administration Code.
5.2-11 Where vehicles leave the construction site and enter adjacent public streets, the streets
shall be swept daily or washed down at the end of the work day to remove soil
tracked onto the paved surface.
5.2-12 All diesel -powered vehicles and equipment shall be operated with the fuel injection
timing retarded 2 degrees from the manufacturer's recommendation and use
high pressure Injectors.
5.2-13 All diesel-po wered vehicles shall be turned off when not in use for more than 30 minutes
and gasoline - powered equipment shall be turned off when not in use for more
thsin five minutes.
5.2-14 The constrw;tlon contractor shall utilize electric or natural gas powered equipment in
Ilea of gasoline or diesel powered engines, where feasible and where
economically competitive.
5.2-15 The construi;tion contractor shall utilize as much as possible precoated/natural colored
building materials, water based or low VOC coating, and coating transfer or
spray equipment with high transfer efficiency, such as high volume low
pressure (HVLP) spray method, or manual coatings application such as paint
brush, hand roller, trowel, spatula, dauber, rag, or sponge.
Table 5.2-12 shows that operational/occupancy air emissions for PM,o are below
CEQA thresholds, and therefore would not have a significant impact to air quality.
However, 00, NOx and VOC emissions would be higher than CEQA thresholds
during operation of the project, and are therefore potentially significant.
Table 6.2-12
TOTAL MITIGATED OPERATIONAL EMISSIONS FROM TEC PROPERTY
(Pollutant
Emission (lb/day)'
(mitigated)
AOMD'CECA
Threshold (IbIday)
Carbon Monoxide (CO)
638.4"
550
Volatile Organic; Carbon (VOC)
75.2"
55
Nitrogen Oxide (NOx)
76.6"
55
Particulate Matter (PM,o)
28
150
Sum of the emissions from Table 5.2-9, Table 5.2-10, and Table 5.2-11.
Data exceeds the threshold.
The following mitigation measures will be implemented to reduce operational
emissions.
5.2-16 The following measures shall be Implemented in order to reduce the project operational
Impacts. The percent reduction for each measure Is provided.
Orient building to North/South direction to reduce the energy usage. 35%
-35-
• Trip reduction by good transit infrastructure measures. 15%
• Trip reduction by pedestrian enhancing infrastructure measures
for residential and non-residential. 2%
• Trip reduction by bicycle enhancing infrastructure measures for
residential and non-residential, 7%
• Provide transit shelters benches. 2%
Finding: The majority of the operational emissions are associated with mobile sources. Four
of the five identified mitigation measures are trip reduction measures, which will
reduce the emissions of all pollutants associated with mobile sources. These
measures are estimated to have a combined effectiveness of 35 percent reduction
in trips and resulting emissions. The first measure will reduce energy consumption
associated with heating and cooling. All identified mitigation measures will be
applied to the proposed project. As shown on Table 5.2-10, even with mitigation,
CO, VOC and NOx mobile source emissions remain significant. Mitigated
operational emissions for this development are shown on Table 5.2-11. After
implementing the above mitigation measures, both construction and operational air
quality emissions cannot be reduced to a level of insignificance when compared to
the SCAQMD Handbook emission thresholds.
C. Result in a cumulatively considerable net increase of any criteria pollutant for
which the project region Is non -attainment under an applicable federal or state
ambient air quality standard:
Facts: Please refer to issue 5.b above for the detailed facts about the emissions of criteria
pollutants which exceed thresholds. NOx and VOC emissions contribute to ozone
and particulate non -attainment. CO and NOx emissions do not contribute to
violations of either of these criteria pollutants. CO concentrations are a function of
the number of vehicles, length of time they are idling, and the background or
ambient CO concentrations. The nearest SCAQMD air quality monitoring station to
the project site that monitors CO is the Lake Elsinore Station (4158). Data provided
on Table 5,2-1 of this EIR reveals that the highest 1-hour concentration measured
in 2002 was 3 parts per million (ppm). The standards are >35 ppm federal and >20
ppm state. The maximum 8-hour CO concentration was 2 ppm. The closest
approximation for road type is the local (several hundred vehicles during the peak
hour) and the maximum 1-hour CO concentration is 1.2. Thus, the screening
technique indicates that the project plus background would be 4.2 ppm, well below
the 20 ppmi 1-hour standard. Using the highest persistence factor in Chapter 9,
page 9-11 of the Handbook, 0.8 (which is consistent with the measured values
referenced above), the 8-hour concentration would be 3.4 ppm, well below the 8-
hour 9.5 and 9.0 ppm standards, federal and state respectively. Finally, the PM10
emissions during construction also exceed thresholds and contribute to PM10 non -
attainment in the South Coast Air Basin.
Findings: After implementing the above mitigation measures, both construction and
operational air quality emissions cannot be reduced to a level of insignificance when
compared to the SCAQMD Handbook emission thresholds.
d. Expose sensitive receptors to substantial pollutant concentrations:
-36-
Facts: The only pollutant with a potential to affect sensitive receptors are particulates,
particularly fugitive dust. Extensive fugitive dust controls (mitigation measures)
outlined above reduce dust emissions to a less than significant level.
Findino: Based on the air quality data in the FEIR, the proposed project will not expose
sensitive receptors to significant pollutant concentrations, directly or indirectly.
6. Transportationfrraffic
a. Cause an Increase in traffic which is substantial in relation to the existing traffic
load and capacity of the street system:
Facts: A project specific traffic study was prepared for the TEC Project. The following is a
summary of the study's conclusions:
The project will generate about 10,435 daily vehicle trips at buildout. About
576 vehicle trips will occur in the AM peak hour with about 991 vehicle trips
projected to occur within the PM peak hour.
2. The project will contribute to the decline in level of service at the following
study urea intersections to below LOS "D" if identified roadway improvements
are not provided.
Diaz Road (NS) at:
Winchester Road (EW)
Jefferson Avenue (NS) at:
Winchester Road (EW)
1-15 Freeway SB Ramps (NS) at:
Winchester Road (EW)
1-15 Freeway NB Ramps (NS) at:
Winchester Road (EW)
Ynez [load (NS) at:
Winchester Road (EW)
3. The project will contribute to the need for traffic signals at the following study
area intersections in the Year 2008:
Diaz Road (N/S) at:
Campus Parkway (EW)
Flemington Avenue (EW)
2'evo Drive (EW)
The following are the mitigation measures available to the proposed project to
reduce the cumulative traffic impacts that exceed the City's thresholds of
significance.
-37-
5.3-2
Finding:
5.3-1 The City shall require the developer to participate on a fair share basis the
Installation of traffic signals at the following intersections when warranted.,
Diaz Road ® Campus Parkway
Diaz Road ® Remington Avenue
Diaz Road ® Zevo Drive
Development of the TEC shall Include provision of an onsite mass transit facility or
center. This facility shall be designed in consultation with the Riverside
Tninsit Authority to provide safe convenient service to the proposed facilities.
The proposed project will contribute to the generation of additional traffic on local
and regional roadways. The project, however, is consistent with the land use and
density for the site as identified in the City's General Plan and is consistent with the
General Plan's circulation element. The City of Temecula, the Western Riverside
Council of Government, and the Southern California Association of Governments
have developed plans and policies that are intended to guide the type and location
of growth in population and traffic. The growth and management programs and
policies have been partially developed using the General Plans of local jurisdictions.
Development that is compatible with the General Plan is therefore considered
consistent with the regional population and traffic growth management programs.
Based on projected growth, these agencies have developed plans to control and
mitigate regional transportation impacts to acceptable levels. The City of Temecula
participated in the regional transportation plans by implementing the goals and
policies and requiring that projects provide a fair share contribution to the regional
mitigation plan. Compliance with these local and regional plans has been judged
adequate to reduce the cumulative impacts to the transportation system to
acceptable levels. Thus, over the long term the circulation system is forecast to be
adequate to meet the build out trip generation within the City.
However, the analysis contained in the TIA determined that available roadway
improvements in the study area will be needed either with or without this project.
The TIA also determined that even with available mitigation, these roadway
improvements will not be adequate to maintain a LOS "D" or better condition at
certain study area intersections either with or without the proposed project, in the
near term future. The with project evaluation determined that the level of service at
certain intersections would decline below the levels identified under the without
project alternative. Note that improvements already scheduled may improve the
affected intersection sufficiently to avoid a significant impact, but the timing and
implementation of these improvements cannot be controlled by the City or the
project developer.
According to the City of Temecula, the primary roadway improvement that could
mitigate congestion at study area intersections is the extension of Cherry Street to
the proposed French Valley Parkway Interchange at the 1-15 Freeway. This new
roadway would provide an additional crossing of Murrieta Creek and access to the
freeway and areas easterly of the freeway, thus relieving congestion on existing
roads. However, this roadway is in the planning stages and there is no assurance it
will be constructed prior to initiating operations at the TEC Project.
K-2
Thus, the proposed project will make a relatively small but cumulatively significant
contribution to the further decline in the level of service at study area intersections.
This impact can ultimately be mitigated, but in the short-term a potential for
significant circulation impacts is forecast to occur.
b. Exceed, either individually or cumulatively, a level of service standard established
for the affected roads or highways:
Facts: Please refer to the discussion under a above.
Findings: Based on the traffic study compiled for the TEC Project, the proposed project will
make a relatively small, but cumulatively significant, contribution to the further
decline in the level of service at study area intersections. This impact can ultimately
be mitigated, but in the short-term a potential for significant circulation impacts is
forecast to occur.
The City finds that it is not possible to provide for full implementation of the
proposed project without causing the unavoidable adverse impacts summarized
above. The City further finds that no additional measures are known that can further
reduce the air quality and traffic impacts that will result from implementing the
proposed project. Therefore, the City concludes that the proposed project will
contribute to unavoidable, significant adverse air quality and traffic effects if it is
implemented.
Based upon the findings presented in the Final EIR, the above described environmental issues
have been determined by the City to be: (1) adequately addressed in the FEIR; and
(2) impacted to a degree deemed by the City to be significant and unavoidable even after
implementation of the mitigation measures identified above and summarized in the Mitigation
Monitoring and Reporting Program. No substantial evidence was subsequently presented to or
identified by the City which further modified or otherwise altered the City's significant and
unavoidable impact finding with mitigation determined for each of these environmental issues.
This concludes the summary of environmental impacts that were identified in the FEIR
and the Initial Study as unavoidable significant adverse impacts with mitigation related
to implementation of the proposed project.
G. ALTERNATIVES TO THE PROPOSED ACTION
The California Environmental Quality Act (CEQA) requires discussion of reasonable project
alternatives that could feasibly attain the project's objectives (14 CCR §15126(d)). CEQA
requires that an EIR evaluate a reasonable range of alternatives to the project, or to the
location of the project that: (1) offers substantial environmental advantages over the proposed
project, and (2) may be, feasibly accomplished in a successful manner and within a reasonable
period of time considering the economic, environmental, legal, social, and technological factors
involved.
The basic objective of the TEC Project is to provide facilities to consolidate post -secondary
education for the Murrioata-Temecula region. Under present conditions post -secondary
education is provided at a variety of facilities in the region, or local students must travel outside
-39-
the area (to San Marcos, Riverside, Menifee, etc.) to attend classes. By constructing a satellite
facility to meet this essential post -secondary educational need, including supporting facilities
(such as day care, commercial and residential facilities), the City will create a campus -like
environment that will make obtaining post -secondary education easier and better supported in
the community. In addition to the higher education objective, the proposed project will also
provide affordable housing in the City of Temecula. Presently, no affordable housing exists in
the northwesterly portion of the City and this project provides the opportunity to remedy this
situation by the provision of 50 such housing units on RDA owned property. Additional
objectives are to provide housing and retail opportunities in a portion of the City which is
developing without such uses. The TEC will also provide housing, daycare, retail and
educational opportunities to people working in the developing northwesterly portion of the City.
The objectives identified in the EIR must be fulfilled in order for an alternative to provide a
feasible and reasonable alternative to the proposed project.
The FEIR for the TEC Project considered two alternatives to the proposed action. These
alternatives were defined based on mandatory requirements and alternatives designed to
reduce the identified significant impact of the project: historical resources. Based on the project
objectives referenced above, neither alternative was considered to be technically feasible and
they were rejected from further consideration based on failure to meet the fundamental project
objectives.
The four alternatives that were subject to comparative evaluation in the FEIR with the proposed
action are:
1. No Project
2. Alternative Location
3. Senior Housing Project
4. Government Offices with Affordable Housing Project
The purpose in analyzing alternatives to a proposed project is to determine if an alternative is
capable of eliminating or reducing potential significant adverse environmental effects, "even if
these alternatives would impede to some degree the attainment of the project objectives, or
would be more costly" l,State CEQA Guidelines, Section 15126(d)(3)). The following discussion
summarizes the FEIR evaluation of each of these alternatives in determining whether they are
feasible alternatives to the proposed action (State CEQA Guidelines, Section 15126(d)) and
whether an alternative can eliminate or substantially lessen significant impacts described in this
document for the proposed action.
a. No Projecl' Alternative: Under this alternative, the TEC Project would not receive
any of the proposed entitlements, such as the Conditional Use Permit, Development Plan,
Disposition and Development Agreement. Because there are no approved plans or
entitlements for the site, the no project alternative assumes the site is undeveloped and
remains in its current condition. If the TEC Project is not developed and higher education
activities would continue to occur as they do under current conditions. This means that air
emissions related to current and future vehicle trips to existing higher education classes, both in
the area and out of the area, would continue to occur. Although not quantifiable, the emissions
associated with the same number of students are assumed to be comparable or greater
because of the need to drive out of the Murrieta-Temecula region to one of several colleges
and universities that would hold classes at the TEC Project site.
-40-
Regarding traffic impacts, the same number of trips would occur on the regional and local
circulation system, but these trips would not be concentrated at the existing Winchester/1-15
interchange and at the future Cherry/Date/French Valley/1-15 interchange. Retaining the
existing higher education situation could reduce the short-term project related circulation
impacts, but the cumulative short-term impact is forecast to continue to occur until a new
interchange is constructed to serve the project area.
The No Project Alternative would also eliminate all construction related impacts and those
nonsignificant impacts that would result from the project, including those impacts, such as
cultural resources, thal require extensive mitigation to achieve a less than significant level of
impact.
However, the no project alternative would not meet the basic objectives of the City's General
Plan (development compatible with the PI land use designation) nor that of the City's
Redevelopment Plan and the AGK Group. The RDA's objective are to provide affordable
housing and higher educational facilities on the site in the City of Temecula. The AGK Group's
objectives are to provide housing and retail and professional facilities within a portion of the City
which currently does not have such facilities or services. Because the no project alternative
cannot meet any of the basic objectives of the proposed project, it is not considered a feasible
alternative to the proposed project.
b. Alternative Location: The proposed TEC could theoretically be developed at
alternative locations within the City of Temecula. However, the California Supreme Court
determined that examination of infeasible alternatives need not be given exhaustive evaluation.
The Temecula Education Complex is designed to provide a mixed use development on RDA
property that is consistent with the City's General Plan. The project site is the only undeveloped
parcel of adequate size owned by the RDA which has the appropriate land use designation. It
is not feasible to meet the objectives of the project at another location because no other site of
adequate size which is owned by the RDA with the appropriate land use designation exists
within the City.
Within the context of Section 15126.6(f)(1), the project site is the only vacant site that is owned
by the RDA and that meets the general plan consistency for the proposed TEC and the mix of
uses proposed. Therefore, the alternative of implementing the proposed project at another
location is not considered a reasonable or feasible alternative to the proposed project and will
not be given further consideration.
C. Senior Housing Project: The senior housing only project could meet one but not
all of the project objectives. As previously stated, one of the RDA's objectives is to provide
housing on this site in compliance with the City's Redevelopment Plan goals. The AGK Group's
objectives also includes provision of housing on the site. Section 17.12.030 of the City's
Development Code identifies senior housing as a permitted use of the Public Institutional (PI)
land use designation subject to approval of a Conditional Use Permit (CUP).
Senior housing is a permitted use in the High Density Residential Zoning district of the Land
Use Element of the City's General Plan. Section 17.06.050 (H.1 and H.3) of the Development
Code allow a maximum density of 30 units per acre for Senior Housing. Therefore, it is
possible that about 1,040 senior housing units could be developed on the site. The maximum
-41-
structure height is 50 feet. While the senior housing project alternative could meet project
objectives for housing, it would not provide educational or retail facilities.
In terms of eliminating the two identified significant effects of the project, air quality and traffic, a
senior housing project would result in the same construction air quality impacts (significant); it
would result in about 8,000 vehicle trips per day with operational air emissions still exceeding
SCAOMD air quality significance thresholds; and it would still contribute to cumulative
significant traffic impacts as forecast for the proposed project.
Thus, this alternative will not significantly reduce or eliminate the significant impacts forecast for
the proposed project and it will also not fully meet the objectives of the project. This alternative
would meet the project objectives of providing housing on the site. However, this alternatives
does not satisfy the objectives of providing the non-residential use objectives of the project.
The Senior Housing alternative project was rejected from further consideration.
d. Government Offices with Affordable Housing Project. The government offices/
affordable housing project would meet one of the RDA's objectives of providing affordable
housing in the City of Temecula, but would not meet the objective of providing educational
facilities. This alternative would not meet the AGK Group's objectives of providing housing and
retail opportunities on the site.
Under this alternative, 60 affordable housing units would be constructed on the site. Assuming
the housing is developed at less than the maximum density of 30 units per acre, about 5 acres
of the site would be utilized. The remaining t25 acres would be developed as government
offices. The City's General Plan identifies floor area ratios (FAR) of 0.4 to 0.7 for PI land uses.
This would convert into a potential for between 500,000 to 915,000 gross square feet of floor
area on the site. This, however, is considered more floor area than would reasonably be
constructed. Thereforo, this alternative will evaluate a more likely structure with about 250,000
square feet of floor area.
This alternative would cause the same construction air quality impacts due to development of
the site for offices and affordable housing. It was estimated that the trip generation from this
alternative would be about 30% less than that forecast for the proposed project. Thus, the air
quality and traffic impacts would be reduced by a commensurate amount. However, a 30%
reduction still causes the air emissions thresholds to be exceeded and the cumulative traffic
impacts would still occur, although the project's contribution to this impact would be reduced.
The Government Offices With Affordable Housing Alternative would partially, but not fully, meet
the project objectives. This alternative will provide affordable housing but no educational
facilities. This alternative would not meet the objectives of providing additional housing and
retail facilities at the site. Thus, this alternative project is a feasible development project, but it
was rejected from further consideration because it does not meet the project's objectives.
Based upon the findings presented in the FEIR, the above described alternatives have been
determined by the City to represent a reasonable range of alternatives for consideration with
the proposed project and to adequately address alternatives in the FEIR. Therefore, the City
concurs with the finding in the EIR that the none of the alternatives placed before it for
consideration can meet the project objectives established in the FEIR.
-42-
This concludes the summary of alternative that were identified and considered In the
FEIR and the Initial Study.
H. PROJECT BENEFITS
The benefits from approving the proposed project are related to the provision of affordable
housing combined with consolidation of post -secondary education activities in the region at a
campus -like location in the City of Temecula. The project benefits outlined below were
considered by the City in performing the balancing test with those unavoidable significant
adverse environmental impacts presented earlier in this document.
1. Benefits of Implementing the Proposed Project
1) Construction of the TEC Project will inject approximately 75 million dollars into the local
economy over the next five years of construction. This will support an estimated 150
construction jobs within the community.
2) Once completed, the TEC Project will create an estimated 150 permanent jobs, with an
annual payroll of $5,025,000 per year.
3) The TEC Project will establish a higher education facility in the City of Temecula, which
will contribute substantially to the City of Temecula's quality of life.
4) The TEC Project will provide a continuing education/training facility for new and exists
employees that will assist in retaining the City's industrial employee base.
5) The TEC Project will provide 50 affordable housing units to assist the City in meeting its
housing element requirements.
6) The TEC Project will provide additional retail operations to support the educational facility
and surrounding industrial park uses. These retail commercial operations will generate
additional, unquantifiable sales tax revenues that will accrue to the City of Temecula.
7) The TEC Project assists the City by redirecting the predominant traffic pattern by placing
housing west of Interstate 15.
8) The TEC Project provides additional support for the French Valley interchange and
extension west across Murrieta Creek.
9) The TEC Project will consolidate three higher education institutions at one location,
creating a better overall higher educational environment for the region's residents.
10) The TEC Project establishes a corporate training facility that can would create a hub for
economic development activities in the surrounding industrial parks.
11) The TEC Project will reduce the need to travel to San Marcos, Riverside and other out -of -
area locations for students that must currently travel to obtain higher or continuing
education. This has secondary benefits, such as a reduction in vehicle miles traveled for
-43-
local residents and air quality; time savings for individuals; and reduced traffic congestion
on freeways.
OVERRIDING CONSIDERATIONS
This section of the findings addresses the requirements in Section 15093 of the California
Environmental Quality Act Guidelines. Section 15093 requires the Lead Agency to balance the
benefits of the proposed project against its unavoidable significant adverse impacts, and to
determine whether the project -related significant impacts can be acceptably overridden by the
project benefits when the impactstbenefits are compared and balanced. As outlined in Section
F above, the proposed project is forecast to contribute to cumulative, unavoidable significant
adverse environmental impacts in two environmental categories: air quality and
transportation/traffic.
The Temecula City Council finds that the previously stated benefits of the proposed project,
outlined in Section G above and as will result from implementation of the TEC Project, outweigh
the cumulative unavoidable adverse environmental effect to air quality and traffic that has been
outlined above. The City needs a centralized educational facility, and the opportunity to
combine such a facility with residential, including affordable housing, and other supporting uses
is of considerable benefit to the City. Further, the commercial and day care uses will meet
needs of industrial employees in an area that is currently under served with retail commercial
stores and child care facilities. Thus, the City concludes that the benefits outlined above, that
accrue to the community from developing the TEC Project, outweigh the additional air
emissions and circulation system effects of the project. The social and economic benefits
stated in the previous section are considered sufficient to offset the loss of the existing
structures.
The City's findings set forth in the preceding sections have identified all of the adverse
environmental impacts and feasible mitigation measures which can reduce potential adverse
environmental impacts to insignificant levels where feasible, or to the lowest achievable levels
where significant unavoidable adverse environmental impacts remain. The findings have also
analyzed four alternatives to determine whether they are reasonable or feasible alternatives to
the proposed action, oir whether these alternatives might reduce or eliminate the significant air
quality and traffic impacts of the proposed action.
The TEC Project FEIR presents evidence that implementing the proposed project will contribute
to significant adverse aiir quality and traffic impacts which cannot be substantially mitigated to
an insignificant level. 'these significant impacts have been outlined above and presented in
detail in the FEIR and khe City Council finds that all feasible alternatives and mitigation
measures have been adopted or identified for implementation by the City of Temecula and
other agencies where appropriate.
The City Council finds that the project's benefits are substantial as outlined in Section G of this
document and that these benefits justify overriding the unavoidable significant adverse impacts
associated with the proposed project. This finding is supported by the fact that many of the
benefits listed above result in the TEC Project fulfilling a critical role for the City in supporting
adequate post -secondary educational opportunities for its work force and providing affordable
housing opportunities for its citizens. These are critical societal management responsibilities,
which if not properly support, could result in a decline in local employment opportunities and
inadequate housing that creates substantial quality -of -life benefits that offset the quality -of -life
effects from cumulative air quality and circulation system impacts that may result from
implementing the TEC Project. The City Council further finds that the benefits outlined above,
when balanced agains¢ the unavoidable significant adverse environmental impacts outweighs
these impacts because: of the environmental, social, and economic benefits which accrue to
City of Temecula and the residents in its service area as outlined in Section G of this document.
As the CEQA Lead Agency for the proposed action, the City of Temecula has independently
reviewed the applicable sections of this document and the TEC Project FEIR, and fully
understands the scope of the proposed project. Further, the City Council finds that all potential
adverse environmental impacts and all feasible mitigation measures to reduce these impacts
have been identified in the FEIR, public comment, and public testimony. These impacts and
mitigation measures are discussed in Section D and E and the Council concurs with the facts
and findings contained in those sections. The City Council also finds that a reasonable range
of alternatives was considered in the FEIR, as summarized in Section F of this document and
that no feasible alternatives which substantially lessen project impacts are available for
adoption.
The City Council concurs with the extensive environmental, economic and societal benefits
identified above, which will accrue to the City of Temecula and the population residing within its
jurisdiction. The Council has balanced these substantial environmental, social and economic
benefits against the unavoidable significant adverse environmental effects of the proposed
project. Given that these substantial benefits will support the residents of the City of Temecula
as a result of implementing the TEC Project, the City Council hereby finds that the benefits
identified herein, collectively and individually, outweigh the unavoidable, cumulative significant
adverse air quality and traffic impacts, and hereby override these impacts to obtain the benefits
listed in Section G that will result from approval and implementation of the TEC Project.
-45-
EXHIBIT B
MITIGATION MONITORING AND REPORTING PROGRAM
March 7. 2004 763760.1
MITIGATION MONITORING AND
REPORTING PROGRAM
0
O
w
xa
W (9
.J ZIL
I ~
O0
UO
a
Z W
OM
U Q
7 �
0
W Z—Q.
go
w0
22
WZ
O_
F-
Q
0
m
Y
t0
0 �
fn
BE
Y .
fA .
N v
d
ai
N d
t
o o = f'-
LL-
..
tT r Ld-. M,-
d N U
c
>.�iSTEcc��wota�
E d N o
Q d. a
N L
N c m N a
O
U
c O Q C LL
fp N ^0
Cc
LN-
if c
ww`U_dOLLFoffU-
`Ccd
41 N c
cac
O
d
>
UC
LLd
O"O--
u1
i.1ii�]-dn�d.
cda)LN
-
«U=0
Q
..
dc
@
cs
a
3
_FJ�d-iiiOUN•
0
'
.-.a�'wwa—00CEdEd
-�oNUic
CUdmrndappU
aN c
d am'mjID
E 'N
N? cod
@ U'o
'E
d
c�
>d0
4�Z
(L)CLw
L'=
O
Z
CD
Y
Oat
ON
d N c o
` d
E
.yQ
O`
. d
lL
U O- E@ ;O
= U d U N d fn
"O =
_
C d @
c
H
Z
o 0 o U fn
U m' c d y=
a)
N
L
'C
d d E
fJ
W
d .� Y
lA 7 j N a
= o= c fn
w N j = O@
Qj O d
�.c 11
d
U
@
d 0) @
@ 'O
d C
Co Co@ �"
N O
Z
d
N E
N
N d C d N 3
- 0 d@ d c 0>
N fU
N
O
a a=
W
c 1] IT a w o
w'S c- 0.2 d 0
U V w
w
C
O U
t N=- d
N 3-' �. a o U c -O
d �.@- N
O
C
E
d E v=..
T
N
N
N
N N a a N a
{p�
@ J- E Y @
cc
O
N@
U N
W
'o
U(D.= C_`paNi
n=@m
dmd
o
N
Ec==�w
o o@ '� • c
Y� O= E fT
d U f6
`o
K
a K m c
U@
y E
N d� Y6
U�
N
Z
a
c-0 = V
Q Ol.- d.-
C 0 c� @
Z@ ._ N U U J] 'O
O
Q N
@
L
O
N
a
(�
0
O
F
d
v
(9
cli
V
O
.w
xa
JZ
a.
E ~
O0
Ua
Z W
0
U Q
D
W Z—Q.
go
D �-
w0
22
WZ
FD
H
Q
r
2
d
m
o
N C
y -
V
D- O CO). N C CO C ..
C f0 0) •-
Cc C a)
U S N
pm D .0 J N C a) c
U
N Ntn O- Q-
p
0o0QN
iG+
.
OY C p `�CL OO.
p
cm E UCOa E>
N ,L�oIld
Ldm �-iU
CO, C C DN w
�
U dC
O- l0)coNO
+' a)
sO N
2
Nd oo Ta
a
D
0 CL
oho 0 M m o-.. d o
QIn NLUL N NLL C aL�+ OIU O_C C , "
a7
N T
C Z
g
c.toCL.
o
a)
U F-
C
CL c0 Vi
� o 'o` oc s 2 o o D 0 0
c0 na c 3� _° c E
O O` ~. O 0 O_ N 0) U O C N
Cc 7
O Q. Q
j a N m�
N C N N a) m Q1 E ...
L
and
O C c (0" N V
Y
accoNDC: 4co°�o�>c0 wWCm2N0
EL
n.asnca)m�ca)m�00Qcm��YaE'om� c
a
= y
0). o z 3 0 2 m° y D n� m c o 0 0� m o° n
i�Em n a) °NNE'nNa —cU,J
Q
d o .o •) o c D z D c d m 'p 2� o 0
C U
L O J O O N G c 0 a) U O L J+
j- O) U O) w O. U Q. N n. E a) U O_ N O. (i7 U N D N O. O
T
U)
o
N
.E
'c
_ �
a)
L N
c �. E 0 c 0 o c
O C
N
J7
(n C (0 a) m N E .L.
37
L cm
o L_ a)
No DU) �2O ) jNOOC NEQD>
O a C N N N D N U N M E D p) C a) Ol C
0
_
O N 3 2G @
E C °1 O 0) N O
U (n Z N ,.. a) 'C N C C O- L U D
N
M.0 a) W...
° O C F N Co 0 F-
U O t E C
Y Y (a
` E D
N C O d D C> C C O
a) m M CL L N W C C M� N N C a) N N
a)
l0 of .Oa) d D
O" N
r V
dD Q (0 N C .O L 0" 7 C-O
D 3 M'O F- E n E a rn `m >
j
'O
(� L
> 3 2
J 0 N D N c N a)
co o y c° o-= N m m a y- n
3.
C
a) cL c m o n y' c vi
mMcc woo
rn
°
oyOjN
o
@ O U n O
CL 0.0,0 0 —o'0ED 6m
ma u?a u• € E 0 m
J�
a) v O) rG (0 -2 N C� 0] D 2 L 2 N L..
m U Q N 9'
`
N O
U Q. N E c NL'' n U O L C JO 7 a) V V O N ('�
N
N O. a)
C N N—
N !0
> c C N !.' N a7 a' m a) U@' N E) C O. C 2j O p, E N
�
a) .O-� O. - a)
�Ca)U3
.L-.
a) a] 0 E (0 O) N N O Y C L C d m U. O O U d J
cc ON
Q. �CN�dIOVU >.NL
2, O�a>
NO2 N 0 (0 UCE N Q J U 7 N O
'O
C
U
L C' 0 0 0 0 N. L Mn U
H O N Q. a) E C V= O. U N .`-. N N D O � N d C (/J O. E
a7
T
O)
O
c
N
a°)
m o
a
0
1 of
c+i Cl)
R N
� w
y .0
y
ai ai
w mia m e �`
N w o` d� dvmai
Q N C LL C N N in k
O LL
Y
C
O D a) a.
a)
0 N U@> O) U ,Z N L N
p
a1 c O C N a)
O_ — U > a) C ' .O Q
N O C CU
O. O N �a C N 'a ',--� (T'c
�+
d N O- C N U N "O 'a N- O-
Nmmo>w�dcLra)
a) Y N Q 7 0 0 c' > N C N O.
°�(3.1
O` ~ N y
3 -_md«d
N O O a) C
N O, .((pp
.L.. N r.. U N N U.. `O'
C a) L CL L N N O- C
.LO. .L-.
>` C E
O O O N U N N E C
in
a
>
o o.._ O. N c .o N•
c ° > � E m
c .O
m w c c c y. co d a co
� E � .0 o � E'�
> me ��o �
"O C-0 "O Co N— m" C
8 0 .0 0 0 w � a�
N N U N >. = L > j« a) U C c a) C
00
a) N U L O Q'
L n p Cp m O CIL O L N c 2 VQl 2 a) W
Q CT 11 D) L N N N ALL
�- 9 U --. U- U N N N CL YO C ) ,fL. L C
O
s
.y
Ca
@
X CL
c
pE
pE
JZ
0)
CL �
wUF-
O O
Up,
0
a) c �
Ymoy- W
cU
Z W
O
.-m
E
C a) > (a a
N a)azh a)li0cc
N a)
(U
O
c p N .0 {-. LN. a) ❑=
N a 0
Q Z
an d
phi
c m N c o° o o L
E
U Q
y u
N cci
o m n. E L '3 0
am
m
E 'y c
00
CL
a) •`o_ c
0
maENNc
yn
OZ_
E
rnoo:r,
C
W
—
a)E>c) cn,->w0m
L aI
t`a
(ow
Fv0,0MIDo�Ea>1
f-
Q�
J0
T
T
UZ
c
c
W O
W Z
N
m
.E
m
'E
1- O
Q
OFCG-
m m o 0
L m p
CD o cNN
mc
0aTN
O >
c aNN NaQ00
n
N a ) .O CmN)
vac
YmCU�E O> a)
C,
m>a
aL EvN
vO
m0
0.. laac
7
C ,> m^ m
O
- c c O p U
a) -.N�N
moC
:E c) RNw
E
= N
OL N «
N
W+N
a)
-0 W (U
UE 3mvInU
0 ELL
N '-
¢O
-ON
N-
00 dN,0? O
NO
N
y II= U 0) O
N aE1
N ) m 0 0N
C O
'O 0 C NO E U aaO
CaOCLL0)
ia
N CD
a cC)
.0 Ca)._.0
vLL ai
Q
01 O Q O
p yad
N
Q c m e 9 c
yui
OwO
al
N m— 'O NO aC 'Oj O L CC
L.cN
YO
NE
O aV Ca) Cc
4
�
N^CN
N0ca) oc d
CV
N m = CL 'N
O CL- )
m
Na)
NmEyW U d a)m
C 0a) U N> -
U
O N N �
-, a
3mCvC
a)oovO
�m
:E
F°RCL
<M,(Dcn.U�)
>.
co
O
N
'0O
c-
N
CO C4
_
Z
O O
V
O
x °'
J ZIL _'
E ~
0 O
() a
Z LL)
O�
0
U a
W
JO
U Z
WO
22
ul Z
~O
H
a
0
F-
m
o�
N
C
M
cc
r
V1
L Q
ca N w
C C C 9 O LL C A L Il - .-...
3
N C a) U 'w N
C
_
L Cll N 'U U N U la > m U .�` N t N
C C U 0 0 v01
O
N O O 0 O fa C L 0« m.` d N 0
0 'C 0 0 7 G •N-'
O N - C > J N O_
N C
m, d0000w30-ma)�a)
E J N L 0- U
i (0 .
dv -N3da
J
m GL�0L) o NE cc
m N
m uN•�0
L C
>
O C a) d 0
E uE?oaco�a�a)U'o°-�E'o�
0 J (6 N Q O �n
Ecrd 3c�mB
E U > 0 0 V c 0 C
y 0 U
N 0 T— L C
0 d C C .d (a U 'O .L., d J a) d.—
0 E v) 0 m '�
(0
O C 0 C a1 0
0 U
L 0 0 0 L l0 C 0
H U :.C. U U N 0 (a d C N .L. L C N
0 0 d E 0
Z 2) U N .. N C
`o ao
o aa))
to
E
H
[E=
N a) E
L .(0
a)
y ..0+ v (6V1
J C
NE0
E
�E
co �
a)
o�
(o)
0))
E a0)E
N(0Lm
o
3
v
v
i
.J.
g
(n
(n
0
N
m
—
m
0 ..
>
.0 CO 3 C Q
1> N O
O)C L
O m
N C 0
N
— 0() C N
0
-.
U (6 C .?
c rnJ d
,C N 0 J 0 CO @ O a
N a)-0a (1)) c(0-0
0
(Na
0 C
r a) N m 0 W=LL
O)'O (0 N
0
a 'O O.O
C
U _"O Nm
C
M M U
J
N 0
OL.000 U-0 0O
=N
'"
U OwCXOUwEU
o X
U�
'o0 w
SO U
03
wVOy
0 C a) O
N-v
N(0
>-E�J
N
N N 3 L
j C to
C
a) a)Z) .0 0
C
y o 0 am' w
d C C �_
0,a) C a) .L-. ` i N
C
0 0
—
C J U 3 N 0
C
O
U
0
Ch
N
CO
N
ZO
O
2
G
O
w
xa
J Z_
P~
Oo
V a
Z W
O
Ua
O t7
4W —Za,
JO
5
VZ
m2
W Z
~O
p
a
c�
H
m
oU)
y
C
y
U
-0 r Q C° a)O_
a)
N
•O
N
CM
OU- •Z'N
Y d
w
C
L 0) V) i9 U— d U@>
0) > N
d w
O
w 0 o8 0@ L° c Nv
�'= d
E c c
fd.7
3 10 :� CL d 0. U C)
3 j N E
p, CO C
N
.Ld-.
C C N
E U@
@ d d Vm Y U@
T N
9 0
N d
.
m
C N V y C C.
d
Cp C
n
d N D O D U d
V V U
L C d U
d
_
L
d
B
N
C
@
ca
o 0
E
UH
c
O
N d
d
,d
d E a
N D_0
O
d
m E
m 0
E d m
d-
rto
E
N —
1-0 a)
3
U)
O
0)
•c
a)a)3
a)
c m
do
3 L 0 N
E N
> N
.L..
d
n
d 'p E c d 3 0
•a C-
°) 0 o
-°
E
CL -0d
d o. d E
U
`
a) O"
°Toa?u �o
d
`oa)E
w'='Fa
0,E
N
Cr C
•0 L N« p
Eo•v_
-00 'j U)
O
C d
N
N
d
E o ai o. O N@
oVO-d
L O d>
@df0m
0.0 E 7@
cdy
0.0
d — N
E «
C
E 3 d
U L N A o
C@
O
.O O Co t
n• 0
d 0)
E
10
@ E d L V
O aL-' C 0
C a
C
C
C
LA
L O_ N a) C 0
N d
V d a)
O
C d j m
E@
0
p
m
0 co .`
7
j d
o
C
w
0_
O w V@ C d p
N O " O
07 a C
_
O
•C
E O
_ _
`0-0
y
2cd 2cam2�
uco 0 ro
cd�a)
a2-0
7
C @ -0 d U) 'u
m
N 3@ d
U O. U
N
d
0
C
O r 'r- @ 0 E O N
-@ a d
Q
O
0.0
3
p
U0U.U)U)00
7� cmQEaENo
cn@3
c
0
d
N
M
v)
d
L
L
L
O
Z
O
O
O
O
Ln
d
0
A
a
ai
a
F
a
0
O
w
x °-
JZ
a.
2~
O0
(U per,
ZW
OW
0
�a
M
W Z—Q,
g0
I-
W0
W Z
O
'Q
V_
m
w
o�
N
BE
m
w
N
i
IOD
cn� >c
aE@caci°
pm 2
>
rP
jO N O .00
c d cn ? a c o c
U
9 a) aC
�pE u).2
O d O 0 a U V- O U C O
N N L 0 a) O U a) o d
o
a) m m a C c 0- a
m a) N N a)
O O
..
H G cc E.0 a. C L U.L.
O N a) C
w'-
a m~ N
N CC
U �
a)
O J -
Sc�vav0) >c)c 0
v` m d m ° •N oa E° y m .7 @ O C> a1 a ja a) a s U O
a aam2 cL m. a E o n
a1 O u) - 7
FL- m�v m(°)aS�)3�N�°Y
0
73
u) T
(p
@
L
a[L
od
om
E
UH
UI-
c
0
L C N
d o
t C y @
a. 0
N @
2ccoa
.:ate
dcoc'v
m C m-
w- a W
E t
m E m a
m w X
ay
a cc
mE av2 0 a)
O a
N E C N O O
.l6
N C E E
L a)O O N
I-L'O U N U
L a)O O (D O
H d V Ui-U
T
�
>`
V
J
7
(n
(n
O
M
a
fa
.C-E
C
O) N h G m O]
C o @ u) V
3 @ Co
@C
N (� 0
v c
a'.Co m �_ (a)
U_7 m 2
C, c c
a)
°oE',
�r
oCo`occ`0
ao-
)a)�3�
(1)im
Om
23 VD
rt
Nca)>
L N +
NE-0
C
O@ N N
a@
C
N 3 C' j C L N 'p
c N
O
-0 ul o 3 C p C 0
'C
0 U C
Y
(D a) N -o @ C 0 N
0- a)
coE�ixm�d�E.0
wN
-0 o
'C C .ai? a) a 0 U 0 0=
O N 0)
a) O C. a) 7 O N
C
0.0)
U O O> > N N d2
•N �- N
0@(u�am��(ciu)
a)a)a
O C
O
I- 3
O
N
v
y
N
p
0
U
z
0
O
w
w a
U'
J ZCL
C ~
0a
Z W
O
U Q
0
W Z—R•
J0
wO
W
f Z
0
H
Q
0
d
R
O
N
c
w _
m
rn,v a c
c.O 0a)0)o — (Do
m ' c
c=�°co
pm' ac C`. aldm a r .N
vLo'm
C
C— _E •0) O a) 7 n m �. U c p C 0 0 U
a) O] N
O
> 2 •E.6 C
N N O C N a m U O a) O 4) m N N a) 'O
a C m O) C— YO 0) 7 a Y U 0) C w L �_ `
V
E N O .�' — m
•° D O O Lul O N L a) a N m O� c d E~�� m
m`
Q c i C L (13 O_
.`,
O
m C a DI a O N °- N m la O 0. 0 0
4- p C O) •N U N a U E> Y tl) N
c c
m O N 000
. U c 0' N
E O (0 0 0) O N a) O p
O C
c p .m
m L m
O" � 0) � c E 4) '� 4 E m N a) CL
N 3
m U > N >.
.z'
L 0) m O L E y V N O O .O c C O U c la _' c
= c m
p 2° a) m to .fl
a
o >. p a) o L
O V 'V) 3 U n. 1] L .2 N>' m' N N U O.
a
U N m E E a)
O
a
0
c
m
m
G.d.
O N
E
O aa)i
E
UH
UH
a)
o
t a m
U
F
2° m
w o C 7 -
0
c L
N C co
o N
c v
yn
(D c W
ddm�d
a
c
E o
L?awimm
aN
no2
oE
2omo
N
O w
°Nmo
cdo
F-.6 n0
go 0
Q:. E 9
T
J
`
7
In
W
W
_
'c
Z
❑
N
O W' c0 > O
Z
W
!a O
cmw
c— cl O N E 3 C is m
m
W
t U
N
m> c o o p rn o>>
O. p C
S
2 a
0)
r
3 cd we a)-0
3 m
O
m°E
O=.
m
N c a N �l ` U O N N O
N
W
E
O
3 �' 0) m N N 0
L (Dm a
LL
L a)
c
a d. C W= N '> O E O E w
~
Z
O j 0
c m a m` ° C a U— 7
C O n.
N
N
c m j m 0) a) Co U Q N _0
U
«)
Co
M
Eaaia
7
'D0mo'vCL aa)i`m
> O" d N N
N
0
U m. O O C a O 0 c N
O .3 E
N�" O N�
2 a
Q'
m om. c V
C
c o.E
W
o T)
V
>'c .oc .> O> 0 (D
U O C U C j m o O m L L
C N E
O L a) U
0
❑coEmmmam`ma�SU
0
UH..om
o
i
U
C
a
¢
(V
to
d
La
ai
1�
a
O
w
W a
(9
J Z
a�
O
Va
ZW
O�
U a
D O
W Z—a,
go
w0
22
wZ
~O
a
c�
F
o�
C
Y
M
N C
C m N
=L 'NENd
(a
C
O N QD 7 N at+
NO. C '� OO C C
O
d
N O �y -O C '
O m
`
r
E
at
>
. O a) O-'O 0) d N
EdC:
�L)
C c @ .o
.
N 'CO > .0 lL N d
.
al
Z
N�
C
as
al
0
m
N_
O
S
.al
N N 0
d
` y U
ain
NE2
0
E E u
0
0
C �
O C O
d C O
'C
y
' U T co
_
N 3
mN
la 7.
a) 0)
N c y
N
a7
w N v
°>
@
c toN t�
cVJ
Cw. ccE
@N
E
U
CO
o
EcC°
O E tm m
E C
c
N
E U
-rO
E
N N
W
@C.d
E �O'UCNIa
N
.00
C C N C
aC
O
�
E P
N N
4) D70
N
Q
N N a)
on�oE
-Na
NC
0C7
Cm
0
a)
a
a)oy
0
>v
o
0o'0m
O(T
ON
E
aNicca`�coi>
aNa�i2i>
.
N aS N N N
D) 3 O1
C 7 o E
3 N
y
C C E C o--
a o
C O_ N
N 3
> m c
'o o
C Q O N C
2 o
O. 3 N C
N 0
0
v
m
o o y v
� u� " °-
axi � CL
m a
J L
d c � 2��
o
0
o 0
nN
co m 2c a'
moan
y Z o 2
>
o
c°i �
c
c
a >c!ca�i oaf
NE'w
>cNimoc
ca�ciaa)) cEEIg
:3
m0
daoa�
2Sm�coi
oc
-
�avo2 a`o
��0
wEw�coic'N'vuw
L)
�
O
m
�
N O
ao
0
rn
a
m
a
F
IL
2
0
O
w
Xa
w 0
J Z_
`. ~
00
U p,
Z w
OM
U Q
w
g0
M_
wO
22
wZ
~O
CCC
G
..
cc c0
U) �=
C
Y
10
a+
N
O
M
m
U
k
Q7
N T
cL
a
CL
N
at
c
0
c �
m d
L
d
a y
E
7
0
N..
U
C
U
O
U U
a
p
t
T
C y
3mU
0
G
>
E
9
m O)
m
cm j=
C -p co
N 0-0p_
7
N
.'��
c O.
y
p a
y 0
O• C
L'
L .O
p
.o
�
c m y
� aNi
«v
a) a
ID IDr y m
-o= C
E
p c
'—
>
`
a
ya1
a)
pL
_ C
mO
N C
N
$cm
@
L
N
C_ CUOp
cU
cN@N
~a
,
O
Co C
O
a)=V +N
_
m
YN
« l
O
NNC
C
WN
0)m
3
O
N 0O2�y
_
a$N
CoC
C
Uv
ua�c
p1-c
m
cRf Y
m
0O
E
N O O C
�
(D C
Um
to
Qi
.d
C 3•-• L
COCC
O
0
O p
O
a)O
cc`
(!
a
w«
U p Co m
U N O N O
p,
O.> e
i
d
o_'lil O
N
N
N
C
Ct N
3 C V
O
L U O
p
C
0 L
O.
N
M .NO
+: Z
4? C
._�.
c a' E N
.._�-.
c O O.
>
O O V
>
>
C ' N
ccaa
al d
!D
)
41 OC
L 'C Y
C
a)
o
C)
3
rnm
i>>
�E
Uo°E@
Uwn«5
��pOc
U'
c
N
O
Q
ul -
2
0
0
w
xa
J Z_
E~
00
0
c.i
a
Z W
0�
U Q
0
W Z—Q,
g0
5�-
w0
EM
W Z
~0
H
Q
0
F-
c
O
W
U
w
J
darcLC- c
cw'E0(a00 (DNE d
0�a�irn���Nom�aNi�
d3o'=MEmo°��mo°oc0
> U F_ - 'C C C 'O
Q N U jn ca ' U N d N C d
Co-
o N CO "pd °' 0 E aa) a
0 0 .7 ry d LL O d °- -O y w
N V > (a Ta) Cl�O)w-O- N
p 2° N N d' .0 N d d O .
UwMEEoo"a'> Fi'A
m
0
y. E
UH
rn
U
d
d.
CFO
C
d .0
-
L
N
O
d d
V
E N
d`
C
ad+ O
d y
n.
E 2
a
w
O
d N
O �0 N
c
d
C
C N
E.5
U
d 0)
U E
O.
S
W
(q
m
0
c c o >
ca d +_
o. E rn
mnU-O "0 C a) OT
E. ° mar m
N N:9mEO3��°
03 a) N V a) .0 7
C N (ad O N U Ta N E
O 7 >,.0 � d wW j d
O`LQ N N >
O) O.> C L Q,Fq N ' °� O.� E
O N O
C pEO �'(6 aA ��j
CL 0-0
O d U .- L O. v! - C_
0
.0.L
7
(� N
N
Q u-i
_d
3
C CS) U
w O
NE0<CON t:
'O7ON DdC d vd
N wdN-OEf0
U a) Y nd d Tm O l
_ ` C d « a,
m w > n 'v 3
C w 0 U w0 w O N V O_ � 0)
d a r � U d T 00 O` a O`
C Q CL W ` yO N 01 d n. U
aO_U L ; N 0)
—dais
o��vcda)E arE°
Q. a)N d V O a)m'O O C
N CO L O LL M O in
°- U w O �O N O ..N-
O - L
0)-
N
aCU fl°NEM OtdMM:mL
o 2 EaEai H 01 '7 U m O. d 0 0 d 9
M
N
ui
V
O
w
xx
IL
Lu
O0
UO
a
Z W
O�
0
U Q
W Z-R,
-%O
5—
0 Z
22
WZ
F- O
1-
'Q
V
H
2
N
w c _
� C
c«
U L V
"a a) =
NEm
a
c
O 3
d C U N
-_ a
Co 7 aa) ..L.,
C
> 0
•- .0 E yn) O
C_�
T al -pp C C
~
mU.
O t=
d—
a C V
O_"O
N IA C
O
-U
2:
nc
L y
mNo�NEE
a Y C
0.5
.r
U C
d C
w
L)'�
Q N lL C
`� « V«
a N
E N
N
N O
_
a7 >.
C a)
-w a
V
•p, O
C a L C
-N a)
�. O)'� V
C C C ca
.U) N
a1
O
0
-O O)
al N L
c)wmEEmav>p�E
E
a
a
U
O E
U Fa-
x
m
0
m
a
� awT
aE
. Oav o
. Y d Y •C _ N
a)
a7 L
7 N -7p a) p N �
01"O OI 2 O
C' N O C U 7 "O
c=iE 5cL>aNac
> a «E (tea c 0
rn c w 7 w
G r Q,O L Ola
d Q O C a 7 a C
3° u E p v y of
m "O 2 p p a) o a
a TNd �ya V
7 O C ai N
a E c d 3 Q m o- 7 a
p L
E
o
c
v n
a
E
>
O a
2
a
L L
N
N N
N F
C
7
O N
N
C
O
U
c Co
N
a �
E
E
U0 2
0 0
E
2 a
0 L
nLD
U a)
•O a)
O 2]
C C
C a
> N
as
L N
alL
Q w
n a
> N
c z
c a to
O_0N
j NO N
N N U
Co W
N N
L
N C C
Nc°,3
O N C
d
[c 3
o- m `0
O j N
rn
.O C p
LO
a O O
p L
N p a
caNiEa)
N C 7 a)
7 rnE o
C C
a) a)a
c E
n ° a o
N C
O" a
a E 3 0
O U j a
E a
2 C N 7
C a) N
Ufa a)
C 'C N a)
Q -a 7 n
N
L
N
h
N
N
a0
N
C)
O
w
a
w 0
JZ_
( ~
O0
UO
a
oLLI
U Q
LLI Z—a,
�F-
U Z
uj
2n
LLI Z
~O
H
Q
m
Y
a7 N
O A
N
C
Y
N
_?'M a 0 m 0) a)°tea)
T, Nm cJi:E .
-m nca)'Oooc
>a)3c
t)° =�v c o J� p c-o
U C c
2 - N N a)
CL 2--.= o m E � � c
m00DNp�'cEdc��ai
.r U O N a) LL O a) n..� O. _
a) J O
R6>'cw> c cZ,Q)=v—v
° m'o
Ode a) N M W
UwmEEa)mJo>joRii wfl.
rIN
o
E
CD
U 1(D
•y
c a) J
a7
SS
C O r
CO a) N •O U 'O C
a� c
E y
° p. 0 2 a) N c
U
N V
= 2N a) a)
O C U j E 2
_ y
O.
E
0-5
w a) N C• U In a)N
°ca0ic°iwc�ac
Q ° E °o E E 0
0
Ei
r°n
m
0
a
(U
N
Ev
C
c
c
o°
C
O
C 'O
O a) a)
d. O N
C
N Q
-O
O
v
« V
a) O
a) a) 'O C
J N
- 0 N
d y e
i w N >
a) w (0
O y t
mEa)3
N N N
f0v3L
y
m°
0
E FU
3Tco
N Q)ca
om�a
a) 0 3
O
m N E
U C
U
E
N 0. O j
O a C
m
V) T w
N.L.°
Zq
oaaa))u°)>
Nca
LaNim
LOU °3°
V
�3voo
��ycE
C L
C
N
9 O C
J d= O
L N U
a) a) U N
a) C N
:� 73
C N
C
O
O O_ N
C a1
O- C
>
N �. a) .O
> „0 G
O aJ.� >
> ~O N a)
U O) O N 0.
co
o_ E
U
N N° Y
N
N Q d N
C 0) L
C m C w EO
a) O N O
O)'O
a) Q
a)
N° m "c CID
a) O m �- N
— CID
a) C !a L.•
J' N U
=
°" O)
y N N
U L a)
3 a) C U
L a) N d
U N N N >.
d
° `c_
C
o> E
L a) «'o
N
a� E E a
4' 3 c°
.J 3
N
L C C O)
aN
N
N
_rn
C O N
N
N ], U
m a) a)
N C Y (a
> U
N N O a3
.O C E O
dooEn�
O a) O
C
c
0 C;
vacU
°docom
vcuEt
°��cc
o
c ai
O U
j a) N
c v 3 E C
C 0 0 J
cm
_ a 0
— N 'C Y N
_ E S a)
— 0 O' N
d — rn o
L C C U
00 F-:.n
m
N "O N
Q E. J
y
Q Cl) N J
Im
J
O
04
r
qT
N
N.
N
N
N
N
a
to
Lr;
LO
�;
t;
ui
m
m
N
C
L=+
fA
a) Q C C N C
p. c- m
`o
N
E
•�.
C c E
cY. S: M o m a)
m o J O
U w N M W N N N 10 V
a) .L-.
> O -O 0)
" O j a� O m E m
O
� 3 0- E-0 0.0-
cc
O o c
� o m a� d � rnm
a�i�
G
C
av a�0i m �
a) >'
!Y`6 aL..
U fJii N
0
O N a) c
` H N N
i.
N� N Q N
U N
•U l6
O O a) �' C a7 C C L-.
M O E 0 C
L
U C0 O" N� lL C0 O-.0
a N N
0@
L N �a c
O- C .L..i 'U E c -00 0O
0
O C U U= E N
N N �`
U U 0
a) 'C 0) a7 a) O a1 U N
N 0 0 a1 J U 01 w
c a U
a1 N w E
0
U v m n
Q E N N LO 6 0
0 p
U a) a
E N 0
0 �_` 0 0
'Fp
O' W
U w m E E aI m > a
LL N a
LL E N
.0C w
N U O '— N (a O O w
al
a
C
ca
o m
E
`o aa)
E
F-
m
C
U m C
'�
C
. O
0
` a p a C 0
�� �
2E
g°7
ncCc 2
o
C am.
o N C
m a
0 L
U EO- N '-' (a N c
0• a) N a� a1 U
a) E rn n
E C O
atq
�'v� o-c 0 J E
[2
E
o a) m •. U m N
Ltv'ci
-0(D0 0 E0
¢' ES�oEEo
u
�
�
w
w
@
rpn
m
co
m O
o
N cu
i
m an an d
EN
d U� V/
C
"UMp
C
0
cu
m law c 3: j t @
D_
L U
CM
a)
j°
m
IV
O w E a O
m�
L
(Dn
N N C p`
N L
U al N O 0) ? O C N
N U
O -0 N •o U J 0)
asom�L> -M
2-0
Maa)iaEmmm(aaa>
a� ... C O O' 0
i 0 c N
O
.. L
p N
U a (a a) "3
N (N
V 0
J
N J C E (D ....
to
.L+ ..J.
ca) Ew
Y0
am m
0ID0c0
Im
6-0mcvmE�y
:3-0--
U N 'o c E ` f7/1 -
EE(DcL
- 0) v E
�E
J 0 J N J` C t,
L
a
.3
U '� 7 N CO
m
c c c
J l6 N G
C
c N U 0' N_ O
0 Co 0 0 m
O O V o
D_ 7 O- • G O. '0 p
'C "� O) 'C
i7
C
N T d U
U U >` c J .- C
to O m
c N
0 C •-
I- N F- c V H C a7 Q.
N
L J Q 3 2 N= a n'
L 0 O_
0
HEc —0E5 (a�N
0E-EO
J
to
co
N
N
a
M
QI
rn
IL
0
a
F-
a.
m
O
O
w
xa
JZ
0.
va
ZW
O�
Ua
0
W Z—Q,
JO
w0
2M
W Z
~O
1=
a
0
E-
C
O
A
U
C
i
a) «
C 0
N u > w C
V NCc O O
—1j=L'C a0 c
U N 00" N d@
N C E N U d N
O N O p . (0 =
O 0 Y` Q U
d O N lU _
U 11 'L" N (0 U �' O O
Q m C.5« oU 0 o
t0
0
t0
y E
E
E
UFN
UH
U (D
od)
L
C N O O.�-
O CL O O
C C C T
O U
U_ N
.0 L D C U U
- �EL)
m o
LL �O US O.� YO O.
w
w
w
v!
m
0
0
0
:j
T 7
c
N C
7
0-.-
E C
O
�U1 taaY`` aU`
V V V
O O O
w w W.
N N N
O 0 O
A
to
N
M
t0
M
M
t0
0
O
w
x a
JZ
a ~
a.
O0
Ua
Z W
O�
cQj Q
� O
LU Z—R•
JO
5 t=
U Z
WO
22
W Z
~O
Q
O
G
m
10 N
Y
N C
r
N
dCU` N
❑
C-Y 1O d N Z (a m @ -U
O
U@ d L OLO O c - U
.
c
->N
16 0mOEpdEOCN
wdLNn anTu@L°�
N O
ff
m
N
C;Z'
N Z' N E@ N N 3 tf 0.
O. t O .O �, U 0-6 @ O.
U
V •q1 O N
w J U +_ d d N @ C C C. d
N w `•z N@ U¢ N@ d
N 0
'i L., O C 'C C C O O y d N «L+
O N d C C N C«
i+
C
CL
C
T d dtC d
Nd07Vm
T p N ❑E ONO —co
>' o 3N
va?dC'�
oL.vCc
UN cd
=O~
ooroE'op
C-4ca 9
odv.+3C!E�°
'oa)iN
N co @wN w CCo
Q @ <J.O > O N >
d
,O
C.
@
@
J
7
as
o w
E
oaoi
E
UH
UFd-
C
O
p
-
O
r
U
Cp
E m
N
C
y
V
O N
rn�
U
acn
E
>
c"
>
_
7
❑ m
❑ m
u
�
�
w
w
m
rpn
m
O
�
c � d d
c o
C 0 a)O C Y 7 C O N O >`
`
.� (6 0 0
N O @v
0) E o
N c� d•Od-0 E
C @ N d
wZ
= Ma d(C
-O d
Cca
Co
a)r-C~t
L-0 0E Coa
m E
N 3
N$ o E
w Eo
omCois
d
a) C p N Y"O d
> @ d " @ d
NV +-'
OO C Nr@
Y
N-0' NL
� UN
O cc
dVym
a) NL
N
E 4
'0 O
T E C w
'@@
_O 0wN�wC
L mw
O =
.X- O a) d
VE
UC
LUd
CCL
O 10
O d
Co
0) 0@
N
.z
co
a) d "O C
a)OO
O OO U
Q.
>` a E 7 d d O C N (0 dO C d d "O
d
" d 7£ O O_ V@ N
-O j d@ C U 0� U= O d d @� �N @
E C E@
C o w `� X B Y @ 3 v Q
d = p, U@@ d N
LO p d ul p w 7 L @
@ C C' @ C U d 0@ N
O O E O@
F- C U .L.+ ❑.'O O N T O E .L.. L N ..L.. L
�=" U U_ E U .0 +L-. @ E 'O
71
C
@
N
N
d
V
0
O
0'
X a
JCD
CL
C~
O0
UO
a
Z LU
O�
U Q
MO
W Z—Q.
5o
� —
WO
m2
W Z
~O
II-^-
V
Y
m
U)
C
Y
a7
Y
M -
c 0
0
0 c �� 1
�- O. N O C@ m m
a) m d m �L- C
c
a) 0 d ANcn
a > O
lOOZ
C > N@m
W OLQ
'O W m O C
f0 NE> _a
kO>
C d O
O
lU0
md0
c d r>
m001
>LN W C
m > O' U Um
>N U
O ] m
mO C
mN
O C
O0.N
ONOm E
ca
rD O
iON
cu
m a7 N m a)
N E O.� �?`(n � 1�
ai
Q"O.n 4= O 3 NU.L.
a7
a
>
as
>
oa)
w U
00
�E
�E
Ufa)
UH
c
i
Oc
c
Ya.
l
C> O
OCO_
ICtiQ
O N mcom
YmCc
a1 N 01
dv
m am
N aaa)M's a)
E L
m a) o
a Z w c a J o �
41 V
m m
o
> 0 N O N a p
°�
da E
o d aa`�Yv m c m
H y o o
I— n m m 3 m c E c
�
m
K
w
w
N
m
�
Y 1 O « 0_
m C C C.
1 D
N m m
C 0 v m al a) m
_ O_ N .L.+ 0 -O 7
O
(0 > C C
CL m m m Co -O
V
L U> m m m V '0 C O am. O 0) a) U D
N W N N Y V m m e m>
U y X m N
.0 n c m n C0
`
(D m y.0
o_rX�cC0) �EEcEU)—(—a 0i
4—OD°ooC�omN
7
O N V fa ._ 'CuF m V" p m 0 > .. L-.
O' E
O m E' co O_ E 0
N
a) O. C U O c> N 7 c m E L
O. L- m >. d 0 0
co
N
C m C m 0 c U o- m 0.
E' m w- r
0
a)M U o W N� O N C� T (D
O
" m E 0 m N N
C
p
m C m m
�ocEoo°'m'0Fm3Y0NL3�
C ._
�mmmmymm
.a-
m
�ccU
.m - N> N -N N CL Y m C 0 m m N m m
m o E En 'o
c.- O. N >.:-. r
m 0_ 0
C Z o_ m c 0 a) a, L w
m U V W N O L T -0 m m m U m C O
U
a) —M is 0
m 'O 0 C O.
Cl m v 0 L N � d m U .0 7 OI m U
O
—` C W Z' m O
m
O> W N > Oc 'O V m C�c O.�
U N H C m O
YO m N L
L E> U O_
•p
D m d C
0 C (a lL cx C O N C E U C
ry
N m N n. V w .0 '0
m
m 0 O� 01
`o_
2111
m
C
aa)i .0 m e C m :: O N
0, U ;�` > m m0_
E U O
E
0 3 E 2 N y
d U CO d m '� ya
o E D U N` y C
0
7
Ql > C" � C C :
oa`o'Fmm6occo
>0c �m
c comoOv a
a
y
Lm0cmoom
F-o0mv aN
u
N
N
N
M
Y
m
V
7
10
ui
m
d
to
IL
ai
a
F
a
m
V
0
w
wa
a
J Z
a�
O0
Ua
ZW
OM
13
U Q
0
W
0
D
w0
M2
w Z
F- O
Q
:7
2
m
R
C
M
A
r
O
(D d
�
_
Y
C C 'C C V=
p O d
_
C 2 w
O U d W. c d
cm -a
a O_N nU
E 0..L. O L U
p
�CQ O.0 O
N CL C dC' aa)i N 0
L
.� d la O.
E a
O_
t_ (i a U N
-m w e o d
aj :a d
d 4 l6 N
o
7 F 'f6 Q .L N d L
'y Z� C
QO w d ai w d C
U
L. a
CL
0 co 4) .. c0
= @' c a.@
C
U C
d
N
a7
a1
C L
acc
CL
0
o
f
of
c
O
m
E.
d
t o n
L d
v
an d
O_
c a) Q, c
U 0
`o
♦" 7
d y
O E d a
l0 N 9 `O ca
a s 75 0'o
= N N O_ 01 y C C N
y
��
N d 01
C
0
fq
d fl. d
Nar
M N� N M
M mow E E
d N
N
U
N
7 C
L d a7 N
O C C M s N a
L d O d. L d
2H
U ao:
I- m E�SF 0
u
U
j,
w
w
0
m
m
d°
N
3
O
M L a)p�
C
�l d
C T
�O a y
'0 0 O a U d=
E
C N
Co
d C Ol
0 Co M O
d
00 0 (D c 0 0
a)
rn aoi= h rn ro 1°t
� 0�
Z 0
a on -
>
oScE mp
�c�2(DoaNadd�
:9 Ea
d
N d
a O .N E C L
O
-� ?�
N d>
N d
O d d
d
d
d n= " d Y
d O
N
L �-
.L.. C N U O U N
d
Y a W w r d w
C'= C L
d d
C d
d w j
Z o
d N ca tldi
L T
CO
N O O a y a7 O
D_
N
`7 w Ol J O ai O Y
d N E
7 a
O_
N .N.
O' N N @
f0
A.
c
2) w d
_
O' 0 0 'C '�`
C 3
_
Co N
U
`' N U C
C
N O '_"
= c d a r
O" a •�
a1 C m d O O
d N
U� 3
j
M d ..d- E U
o
mE�d.0aa)c
d
�To@-wLdToodaNiEwrN:
m CO
.U..
L O_ Q •= v-
L L 'C (a >.
@ 'C
O •C a
N =
d
• E V O y0
E D N 2
2 E=
N
N `m c
U
0>
p N ..Ld..
N C
—
N
U d `O
d
Y)
30
_
p_ Y. C@ C C
Q O
N=
N
Cc
L U
N
=
?' E U M U
=
F E i- O. C L
F
C
in a d
d d`
3 w (i
d
H Vd!
U
A
N
M
7
LO
LO
U
iri
Sri
n
d
rn
16
a
ti
a
H
IL
w
G
O
w
x °-
JZ
0 ~
0.
O0
U (L
Z W
Q
U Q
D 0
W y
�O
w0
m2
W Z
~O
Q
O
f"
2
d
Y
m
a
Y -
m
Y
y
45 C
Y Y
✓T N toJ
O
C_
C
O
Q C C to mod,• V
tea m t_ c O C
cm
U O
0 L fY0
to
U
ca)dii —
w tF .= m m CL
c
O C a1 N
•L
9 N O N O
lU lLa
U)=L_
a
>
oL ff
T N {Z -09
dm
E N O
aYd'DZ
O C ov
U
JJm$
U N
y.
U a1 U O J m
Q E C I]. U 'O. >
•O N
O
m
a
e
m
Co
a pcc
_
o d
J
a d
)
E
m
L
3 Sm
l6 c 'O aN.
O
'v vo aulmo9u
.m+.
N@ O D
w
U ~ w a E Co J O. T 'no
EO.•O
= C
E L O. m
C m Y 0 0 m �. y m
EcLi
m
3$vaci�poNt(DCOaa))CO
cm a)
�
o>
c=
Ey
EN
mNH
NO:C
N U
O «
�
w
w
0
fA
�
(i
LL
N 12 T
L N m Q N m
O
E a) C0
C'O N U YO U
N
m m T 0
m O O � 'vC
1
L1 O O
C m mN my O
N
01 m a) NtNl
U L L.m�+ J�
w —E-0
T a) r�a) O Co m 0 0•00 N p
cm
Om-C9 wC0
m in =la N >
G d� L a) - m
vp•O E 'OLC
CM a. m
m OL C m Q)
m c L m Lc E
at W c d m m
C c O m v N N a) U m m
pd
M.
m
>
w•�-LU
p
0'a co 2 m ZNp aOElcp
L 2
Uv3m.+
7 al
maNO
N�C
OaCOCn j NmUS
F=-�m@oo
aQQ-Iw4bE
m
L
7 q
L
U tti t6
co
m
rn
m
a
m
J3
Im
w
:7
O
w
xa
J Z
a�
O0
va
zW
O�
0
U Q
MO
0
w z—a,
go
w0
En
W Z
~O
I=
Q
0
d
A
c
Y
A
Y
(A
::❑ O O
N
d �• 'O
d
md.°mddQcmd
NIL �Y�-.
L N;= w W Co
ID C
-.
O v6 :=
U N
d
'U O C C .Z` C N
m V) N � y m C O-
N
d c$()> a Z E
T=
'Q.'U -O m a l0 "3' U U
p y C .Y d N L N U
UNm�w�m=°.o°
d
a_
N T
C
cc
a
=
0
a..
o
y E
U H
C
T mm
(D Q (O 00 CD L C N
O -
=d
Z — L' a)
U .d. U) = 0 O. , m co C 0
"-
Y
PO
N U C -U y .0 m N m •-
•O
C
C
— 'OUID 0 (U c c d C 0 N N
Ev
0v�=mo.O1aa
L O N O E S 4d--. 2d N
aN
E
m
d� y 0 �a•CLO
t= g E L> d o d> m o
N3arna5.°°O(a0cN
°
N:
c
iL
aj T
C
�
m O
v o m--> ZY Z 4) 0L a)
3 p_ N •O d m m m
i"
O O_ a N? m N m N N E
7
m Y Ud>�F-L °—m y
d a E U �, d
° w
L J Y m� C U m N N-0
:E
— d L w N C E = d
a d o m 3 E o a c v
7
.0N C O N UT) a) O- C CCp C,
m
C
O) N
O O C (a ?� '0 -0 'O Q U U d
U)
C
m N la coU 7 C .0 w F '�
V
t > U d m L d—
m m a>vr_EimmuE_ 3
L m O dp d O m N o a 3 m
y
m C C
U C -U E 7 L m N T V
d? C a) 0 0
C'`
a) a) -E d m�
°
0 'c o. � d uii o' aa))
w
K
Loa: rn
H o m v a N U N m 3 rn m E o v
A
U
ui
RESOLUTION NO. RDA 04-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING A DISPOSTION AND
DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND AGK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL
COMPLEX
THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The Redevelopment Agency of the City of Temecula hereby finds,
determines and declares that:
A. The Redevelopment Agency of the City of Temecula ("Agency") is a
community redevelopment agency duly organized and existing under the Community
Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has
been authorized to transact business and exercise the powers of a redevelopment
agency pursuant: to action of the City Council of the City of Temecula.
B. On June 12, 1988, the Board of Supervisors of the County of Riverside
adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for
Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in
accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula
was incorporated. The boundaries of the Project Area described in the Plan are entirely
within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the
City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing
the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the
Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City
of Temecula and the Redevelopment Agency of the City of Temecula assumed
jurisdiction over the Plan as of July 1, 1991.
C. The Disposition and Development Agreement ("Agreement") approved by
this Resolution is intended to effectuate the Redevelopment Plan for the Agency's
Redevelopment Project Area No. 1988-1, as amended, by contributing certain real
property and providing financial assistance to be used by the Developer to develop the
Temecula Educational Complex. The proposed Temecula Educational Complex will be
built on a 31.1 acre site located southwesterly of the intersection of Diaz Road and
Cherry Street within the Project Area and will consist of the following components
subject to the terms of the proposed Disposition and Development Agreement and City
approvals: (1) Conference center; (2) two college educational classroom buildings
(termed educational towers); (3) central five- story signature tower; (4) amphitheater; (5)
support commercial facilities, including day care and retail uses; (6) possible
professional and research office space; (7) multi —family housing; and (8) parking areas
to support all of the above described uses (collectively the "Project"). The multi -family
housing will consist of 273 units of which 50 will be affordable to persons and families of
very low income as defined in Section 50105 of the California Health and Safety Code
(i.e. to families earning up to 50% of Riverside median income).
R:/RDA Resos 2004/RDA 04-
D. The Agreement is also intended to effectuate the objectives of the Agency
and the City of Temecula (the "City") in complying with their obligation to provide low and
moderate income housing pursuant to the Health and Safety Code of California and the
goals of the City's Housing Element to the Temecula General Plan. The Developer's
development of the Project and the fulfillment generally of this Agreement are in the best
interest of the City and the welfare of its residents, and in accordance with the public
purposes and provisions of applicable federal, state, and local laws and requirements.
E. Pursuant to the provisions of Health & Safety Code Sections 33430,
33431 and 33433, on February 24, 2004 the Agency duly noticed and held a joint public
hearing before the Board of Directors of the Redevelopment Agency of the City of
Temecula and the City Council of the City of Temecula concerning the approval of the
proposed Disposition and Development Agreement with Developer.
F. Pursuant to the requirements of Health & Safety Code Section 33433, a
comprehensive report summarizing and analyzing the proposed Disposition and
Development Agreement. The report specifically contains the information required by
Section 33433 and has been prepared within the time limit set forth therein and made
available for public review from the date of the first publication of the notice of public
hearing.
G. The conveyance of the property as proposed by the Disposition and
Development Agreement is at a price which is not less than fair market based on the
Agency's real estate appraisal and analysis.
H. The development of the Project as required by the Agreement will assist
in the elimination of blight in the Project Area as identified in the proceedings establish-
ing the Project Area in that development of Project on the Site will: (1) Facilitate land
development which will result in employment opportunities and an expanded tax base;
(2) facilitate thei development or educational facilities which will assist in providing
educational opportunities and job training to residents and workers in the Project Area
and the City of Temecula; (3) consolidate irregular and substandard properties into a site
appropriate for development; (4) encourage and provide for development of vacant
properties in accordance with the Plan; (5) create a mixed use environment to reduce
vehicle trips by locating the educational facility in conjunction with residential, retail and
day care opportunities; and (6) preserve, improve, and expand housing opportunities for
very low income residents.
I. The Agreement is consistent with the Redevelopment Plan and the
Implementation Plan adopted by the Agency for the Project Area.
J. The redevelopment of the Project site as provided in the Agreement and
is consistent with the City's General Plan.
K. The Agency is specifically authorized by Health & Safety Code Sections
33430, 33431 and 33433, and other applicable law, to enter into the Disposition and
Development Agreement.
L. The Agency Board and City Council have duly considered all terms and
conditions of the proposed Agreement and believes that such agreement is in the best
interests of the Agency and City and the health, safety, and welfare of its residents, and
R:/RDA Rescs 2004/RDA 04-
in accord with ';he public purposes and provisions of applicable State and local law
requirements.
M. Following consideration of the entire record of information received at the
public hearings before the Agency and City Council, and due consideration of the
proposed Project, the Redevelopment Agency adopted Resolution No. 04-
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR
THE TEMECULA EDUCATIONAL COMPLEX PROJECT, THE DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND AGK GROUP, LLC.
FOR THE DEVELOPMENT OF THE TEMECULA EDUCATIONAL COMPLEX, AND
RELATED ACTIONS, AND ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, APPROVING A STATEMENT OF OVERRIDING
CONSIDERATIONS, AND APPROVING A MITIGATION MONITORING AND
REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE TEMECULA
EDUCATIONAL COMPLEX TO BE DEVELOPED ON APPROXIMATELY 31.1 ACRES
OF PROPERTY SOUTHWESTERLY OF THE INTERSECTION OF DIAZ ROAD AND
CHERRY STREET." The Final Environmental Impact Report (FEIR) and mitigation
monitoring reporting program accurately addresses the impacts associated with the
approval of the Temecula Educational Complex, the Disposition and Development
Agreement, and adoption of this Resolution.
N. This Agreement pertains to and affects the ability of all parties to finance
and carry out their statutory purposes and to accomplish the goals of the Plan and is
intended to be a contract within the meaning of Government Code Section 53511.
Section 2. The City Council of the City of Temecula hereby further finds, determines
and declares that:
A. Section 33334.2, at seq. of the CRL authorizes and directs the Agency to
expend a certain percentage of all taxes which are allocated to the Agency pursuant to
the CRL Section 33670 for the purposes of increasing, improving and preserving the
community's supply of housing available at affordable housing costs to persons and
families of low to moderate income, including lower income and very low income
households.
B. Pursuant to the CRL, the Agency has established a Low and Moderate
Income Housing Fund (the "Housing Fund").
C. Pursuant to the CRL Section 33334.2(e), in carrying out its affordable
housing activities, the Agency is authorized to provide subsidies to or for the benefit of
very low and lower income households, or persons and families of low or moderate
income to the e>3ent those households cannot obtain housing at affordable costs on the
open market.
D. Developer proposes, with the assistance of the Agency, to develop the
Project and upon completion to make available for the longest feasible period of time 50
housing units in the Project at affordable rents to very low income households.
E. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the Agency
may accept financial or other assistance from any public or private source, for the
R:/RDA Resos 2004/RDA 04-
Agency's activities, powers, and duties, and expend any funds so received for any of the
purposes of the CRL.
F. The expenditures from the Housing Fund as contemplated by the
Agreement approved by this Resolution will directly and specifically increase, improve,
and preserve the community's supply of very low income housing within the meaning of
Health and Safety Code Section 33334.2 and will be of benefit to the Project Area by
providing new housing which restricted so as to be affordable for occupancy by very low
income households.
G. The California Legislature declares in Health and Safety Code Section
37000, et seq., that new forms of cooperation with the private sector, such as leased
housing, disposition of real property acquired through redevelopment, development
approvals, and other forms of housing assistance may involve close participation with
the private sector in meeting housing needs, without amounting to development,
construction or acquisition of low rent housing projects as contemplated under Article
XXXIV of the State Constitution and that the Agreement approved hereby is not subject
to the provisions of said Article XXXIV.
Section 3. While the Agency determines that participation in the feasibility analysis,
financing, and development of the Project does not constitute development, construction or
acquisition of a low -rent housing project within the meaning of Article XXXIV of the State
Constitution, this Resolution is hereby deemed to constitute approval within the meaning of
Health and Safety Code: Section 37001.5 of a proposal which may result in housing assistance
benefiting persons of low income.
Section 4. The Agency hereby finds and determines that the lien of the covenants
required pursuant to the Agreement may be subordinated to financing for the Project because
an economically feasibly: alternative method of financing the Project on substantially comparable
terms and conditions, but without subordination, is not reasonably available.
Section 5. The Board of Directors of the Redevelopment Agency of the City of
Temecula hereby approves that certain agreement entitled "Disposition and Development
Agreement' by and Between Redevelopment Agency of the City of Temecula and AGK Group,
LLC, a California Limited Partnership, along with the Loan Agreement, Promissory Note and
Regulatory Agreement referred to therein, with such changes in such documents as may be
mutually agreed upon by the Developer and the Agency Executive Director as is in substantial
conformance with the form of such Agreement and the related agreements referred to therein,
which are on file in the Office of the Agency Secretary. The Chairperson of the Agency is
hereby authorized to execute the Agreement, Loan Agreement, Promissory Note and
Regulatory Agreement including the related exhibits and attachments referred to therein, on
behalf of the Agency. A copy of the final Agreement and related documents when executed by
the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency.
Section 7. The Executive Director of the Agency (or his designee), is hereby
authorized, on behalf of the Agency, to take all actions necessary and appropriate to approve,
execute, carry out and implement the Agreement and to administer the Agency's obligations,
responsibilities and duties to be performed under the Agreement and related documents,
including but not limited to the Grant Deeds, Loan Agreement, Promissory Note, Deed of Trust,
Regulatory Agreement, acceptances, escrow instructions, certificates of completion and such
R:/RDA Resos 2004/RDA 04-
other implementing agreements and documents as contemplated or described in the
Agreement.
Section 8. The Secretary of the Agency shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevel-
opment Agency of the City of Temecula this 161h day of March, 2004.
Jeff Comerchero, Chairman
ATTEST:
Susan W. Jones, CIVIC
City Clerk/Agency Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CIVIC, Agency Secretary of the City Council of the City of Temecula,
do hereby certify that the Resolution No. RDA 04- was duly and regularly adopted by
the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular
meeting thereof, held march 16`h 2004, by the following vote, to wit:
AYES:
AGENCY MEMBERS
NOES:
AGENCY MEMBERS
ABSENT:
AGENCY MEMBERS
ABSTAIN: AGENCY MEMBERS:
Susan W. Jones, CIVIC
City Clerk/Agency Secretary
RJRDA Resas 20041RDA 04- 5
SUMMARY REPORT
PERTAINING TO THE SALE OF REAL PROPERTY
(California Community Redevelopment Law Section 33433)
PURSUANT TO A PROPOSED AGREEMENT OF PURCHASE AND SALE
Between:
TEMECULA REDEVELOPMENT AGENCY
And:
AGK Group, LLC
Prepared by:
KEYSER MARSTON ASSOCIATES, INC.
For:
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
Date:
March 1, 2004
SUMMARY REPORT
PERTAINING TO THE PROPOSED SALE OF REAL PROPERTY
I. INTRODUCTIO14
The Temecula Redevelopment Agency (Agency) is considering the sale of real property
to AGK Group, LL; and/or it affiliate (Developer) pursuant to the Disposition and
Development Agreement (DDA) between the Agency and the Developer.
This Summary Report is prepared in accordance with Section 33433 of the California
Community Redevelopment Law. This summary consists of six additional sections, as
follows:
• Section II, Desi;ription of the Proposed Project.
• Section III, Estimated Costs to be Incurred by the Agency under the Proposed DDA.
• Section IV, Estimated Value of the Agency Property at the Highest and Best Use.
• Section V, Estimated Fair Re -Use Value of the Interest to be Conveyed.
• Section VI, Purchase Price the Developer will be Required to Pay.
• Section VI I, Explanation Why the Sale of the Property will Assist in Elimination of
Blight.
04340mm March 1, 2004
19545.015.001 Page 1
II. DESCRIPTION OF THE PROPOSED PROJECT
A. Proposed Transaction
The Developer intends to develop and operate an educational facility and mixed -income
apartment complex on the property (Project). The property is an approximate 31.0-acre
site (Site) at Dendy Parkway and Diaz Road. The Site is vacant, unimproved, and
located in a flood plain adjacent to Murrieta Creek.
The proposed transaction is detailed in the proposed DDA dated December 12, 2003.
The final DDA will govern the relationship between the Agency and the Developer with
respect to the proposed development and operation of the Site. The key terms of the
proposed DDA are summarized below.
B. Agency Responsibilities
• The Agency will sell the Site to the Developer, and the Developer agrees to purchase
the Site, in two phases. The Developer will close on and purchase all subphases of
Phase 1 concurrently, with the exception of Phase 1C, and may close on and
purchase all or any of the subphases of Phase 2 concurrently with the purchase of
Phase 1. The Developer may not purchase any subphase of Phase 2 unless it has
purchased Phase 1.
• The Agency will make forgivable loans to the Developer in the amount of $3,800,300
for the purposes of financing the purchase price of Phase 1A ($1,078,000), and a
portion of the cost of constructing the low-income housing units ($2,722,300) on
Phase 1A.
• Upon the Developer's failure to close any of Phases 2A through 2H, the Agency will
pay to Developer a share of the actual costs incurred by the Developer for the
preliminary site development work for each phase not acquired by the Developer,
calculated on a pro rate basis relative to the area of the applicable subphase.
04340mm March 1, 2004
19545.015.001 Page 2
C. Developer Responsibilities
• The Developer agrees that it will purchase the Site in an "as -is" condition for
following purchase price:
• Phase 1A for $1,078,000;
• Phases 1 B, 1 C, and 1 D for a total of $1,161,800; and
• Phases 2A through 2H for a total of $1,561,300.
• The Developer will provide a $100,000 deposit (initial deposit) concurrent with
execution and delivery of the DDA.
• The date of the close of escrow for Phases 1A, 1 B, and 1 D is scheduled to be no
later than 16 months after execution of the DDA.
• If the close of escrow for Phases 1 C and 2A through 2H has not occurred within 32
months of execution of the DDA, the Developer will deliver to the Agency an
additional $100,000 deposit.
• The timeframe for the close of escrow may be extended by one year under the
following circumstances: the Planning Commission has approved the development
plan for the project; the Developer has submitted for Plan Check comprehensive
plans for Phases 1A, 1 B, and 1 D; and the Developer increases the amount of the
deposit by $100,000.
• The Developer agrees to construct the Project in accordance with the Scope of
Development, and to bear all costs associated with the Project, except for the portion
of the costs of subphase 1A to be financed through the Agency's forgivable loan.
• The Developer will complete the preliminary site development work for the entire Site
within 10 months after the close of escrow for Phases 1A, 1 B, and 1 D.
• The Developer will construct a 273-unit apartment project, which will include 50 units
affordable to households at very -low income levels for a period of 55 years.
• The Developer agrees that for a period of 20 years after completion of Phase 1 B and
2G (Buildings 2, 3, and 4, the educational buildings), that these buildings will be used
solely for higher educational purposes (which may include continuing education
04340mm March 1, 2004
19545.015.001 Page 3
programs, accredited trade school programs, and workforce education programs),
and for no other purposes without the prior, express written consent of the Agency.
However, if after 10 years following the completion of Buildings 2, 3, and 4, if any
lease of all or a portion of these buildings is terminated, or the term expires, and the
Developer provides to the Agency reasonable evidence that efforts to lease the
vacant space for higher education purposes has been unsuccessful, then the
Developer may lease the vacant space to a tenant reasonably approved by the
Agency.
If the Developer fails to satisfy all the conditions and requirements to obtain a
certificate of occupancy or its equivalent of all Phase 1 subphases within 30 months,
or all of Phase 2 subphases within 24 months, after acquiring the applicable
subphase, then the title to the applicable subphase, including all improvements, will
revert to the Agency.
The Developer may not assign the DDA without consent of the Agency, which will
not be unreasonably withheld in respect to partial assignments of the DDA with
respect to one or more subphases to entities whose ownership interests are at least
20% owned by A.G. Kading and/or trusts for the benefit of his family.
04340mm March 1, 2004
19545.015.001 Page 4
III. ESTIMATED CAST TO BE INCURRED BY THE AGENCY UNDER THE
PROPOSED AGREEMENT
The net costs to the Agency related directly to development of the Site are estimated to
total $3,885,000, as follows:
Agency Costs "I
Acquisition Cost")
$3,800,000
Agency Assistance "'
$3,800,000
Miscellaneous/Other Costs "
85 000
Total Agency Costs
$7,685,000
(Less) Developer Purchase Price
($3.800,000)
Net Agency Costs
$3,885,000
(1) Rounded to the nearest thousand.
(2) Per Agency.
(3) Forgivable loans provided for development of Phase 1A garden apartments.
(4) Estimated costs to the Agency for legal and economic consultants.
04340mm March 1, 2004
19545,015.001 Page 5
IV. ESTIMATED VALUE OF THE SITE AT THE HIGHEST AND BEST USE
This section presents an analysis of the fair market value of the Site at the highest and
best use of the property. In appraisal terminology, the highest and best use is that use
of the property, which generates the highest property value and is physically possible,
financially feasible., and legally permitted. Therefore, value at highest and best use is
based solely on the value created and not on whether or not that use carries out the
redevelopment goals of the City of Temecula.
The City of Temecula General Plan (1993) governs the zoning and land uses for the
Site. The subject Site lies within the zoning and land use designation of PI —
Public/Institutional. The PI designation is intended to facilitate construction of public,
private, and quasi -public uses in appropriate areas of the City, and to ensure that new
development of such sites are developed in a manner compatible with surrounding land
uses. Typical uses include public schools, hospitals, libraries, civic centers, cultural
facilities, churches, and public utility facilities.
In determining the highest and best use of the Site, KMA considered the current zoning
of the Site, its location, and physical condition. The zoning primarily allows
public/institutional uses, with potential for some ancillary development under a
Conditional Use Permit (CUP). Therefore, KMA finds that the mix of uses proposed for
the Project — absent the income restrictions imposed by the DDA on the Phase 1A
garden apartments — represents the highest and best use of the Site. KMA reviewed
comparable land sales for large tract commercial and residential sites in southwestern
Riverside County and compared these values with the estimated costs of removing the
Site from the flood plain, grading and soil compaction, and the installation of perimeter
streets and intersections, needed to prepare the Site for development. On this basis,
then, KMA concludes that the fair market value of the Site at its highest and best use is
$0.
04340mm March 1, 2004
19545.015.001 Page 6
V. ESTIMATED FAIR RE -USE VALUE OF THE INTEREST TO BE CONVEYED
This section presents an analysis of the fair re -use value of the interest to be conveyed
to the Developer subject to the conditions, covenants, and restrictions contained in the
proposed DDA. In estimating the fair re -use value of the Site, KMA has reviewed the
requirements that set specific conditions for development and operation of the proposed
Site.
Analysis of the development economics of the Site, reported separately to the Agency by
KMA, indicates that pursuant to the conditions, covenants, and restrictions contained in
the proposed DDA, the fair re -use value of the Site is estimated at negative $349,000,
broken out as follows:
Estimates of Re -use Value
Phase 1A — Garden Apartments
Campus Facility— Excluding Phase 1A
($2,835,000)
$2,486,000
Total Fair Re -Use Value
($349,000)
04340mm March 1, 2004
19545.015.001 Page 7
VI. PURCHASE PRICE WHICH THE DEVELOPER WILL BE REQUIRED TO PAY
Under California Community Redevelopment Law, the Agency is obligated to publicly
disclose information sufficient for a comparison of the purchase price contained in the
proposed Agreement with the estimated fair re -use value.
The Agency will convey the Phase 1A site to the Developer for $1,078,000 and provide
financial assistance to the Developer in the amount of $3,800,000. On this basis, then,
KMA concludes that the effective compensation to the Agency for the Phase 1A site is
negative $2,722,000.
In addition to Phase 1A, the DDA also requires that the Developer purchase Subphases
1 B and 1 D from the Agency, and allows the Developer to acquire Subphase 1 C and any
or all of the subphases within Phase 2. The DDA establishes specific purchase prices
for each of these subphases. If the Developer acquires all of these subphases, the total
purchase price will equal $2,722,000.
On this basis, then, KMA concludes that the effective compensation to the Agency for
the entire Site is $0.
04340mm March 1, 2004
19545.015.001 Page 8
VII. EXPLANATION WHY SALE OF THE PROPERTY WILL ASSIST IN THE
ELIMINATION OF BLIGHT
The Project is located across Diaz Road from the Redevelopment Project No. 1-1988
(Project Area). The Agency has undertaken numerous improvements in the Project
Area, including building rehabilitation, public improvements, and development of
affordable housing. Implementation of the proposed Project can be expected to assist in
the further alleviation of blighting conditions in the Project Area and environs through the
following:
• The Project promotes the heath and general welfare of very low-income residents by
providing affordable housing, i.e., 50 very low-income rental apartments for 55 years.
• The Project provides a broad range of infrastructure improvements to induce private
investment, i.e., perimeter street and intersection improvements.
• The Project will encourage visitors to the area, by drawing as many as 3,000 part-
time students, lanhancing the area as a desirable location and improving commercial
activity.
• The Project will promote the expansion of the City's industrial and commercial bases
and local employment opportunities to provide jobs to unemployed and
underemployed workers in the City.
04340mm March 1, 2004
19545.015.001 Page 9
W f a g q$q <@ c cog E z w`g o
or
x$a
cs w w 4 p4� LL. g3 i N cn
a a4 o�$sos 'offa a6.2 a� �g y3g Ex &eau-ua �.F>
o�€pe _s pa �1 - ga 'aoYb2 $'aa.
-�g30a51
a a s: o ®000 a
r.1
X z
W Q
J a_
aw
OJ
v?
zw
U
O z
_ O
�• U
Q
V
D
0
LLI
Q '
C.)
CW
G
W
H
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS DISPOSITION AND DEVELOPMENT AGREEMENT (the
"Agreement"), dated as of March 16, 2004, and is entered into by and between the
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and
politic (the "Agency") and AGK GROUP, LLC, a California limited liability company (the
"Developer").
RECITALS
A. Agency is a public body, corporate and politic, exercising governmental functions and
powers, and organized and existing under the Community Redevelopment Law of the
State of Crlifornia. The purpose of this Agreement is to effectuate the
Redevelopment Plan for Riverside County Redevelopment Project Area No. 1988-1,
as amended, of Agency (the "Project Area") in the City of Temecula, California, by
facilitating 1he development of real property within the Project Area. the
Redevelopment Plan has been approved and adopted by Ordinance No. 658 of the
City of Temecula adopted June 12, 1988.
B. Developer desires to acquire from Agency certain undeveloped property owned by
Agency that is described on Exhibit "A" attached hereto (the "Property") and
develop, construct and operate thereon the project ("Project") which include two
phases (Phases 1 and 2) consisting of Subphases IA, 113, 1C and 1D and Subphases
2A, 213, 2C, 2D, 2E, 217, 2G and 2H, respectively, as described on Exhibit `B"
attached hereto (the "Scope of Development"). The Developer is required to close
on all subphases of Phase 1 (except Subphase 1 C) concurrently.
C. The Developer acknowledges that the City of Temecula (the "City") and the Agency
have legitimate municipal and redevelopment goals in assuring both an appropriate
mix of commercial tenants in the Project and in assuring that the appropriate type of
commercial tenants occupy the Project. It is the intent of the Developer and the
Agency that these goals be achieved by conditions to be included in the conditional
use permit for the Project or subphases thereof.
D. The Developer also desires the Agency to make forgivable loans in the amount of Three
Million Eight Hundred Thousand and Three Hundred Dollars ($3,800,300) (the
"Agency Loan") for the purpose of financing the $1,078,000 purchase price of the
land for Subphase IA of the Project and up to $2,722,300 of the Developer's costs of
constructing low income housing as part of the apartment project comprising
Subphase IA of the Project. The Loan is to be made pursuant to a Loan Agreement
of even date herewith between Agency and Developer and is to be evidenced by
promissory note (the "Promissory Note"), and secured by, among other things, a deed
of trust, assignment of leases, and fixture filing encumbering Phase IA of the
Property (the "Deed of Trust").
11087-0001\741577vZdoc - 1 -
E. The Developer must also obtain loans from recognized lending institutions to finance
additional costs of construction and development of the Project (the "Project Loans").
It shall be a condition of the Developer's acquiring the land for each subphase of the
Project that the Developer provide to Agency evidence acceptable to Agency that the
Project Loan for, or allocated to, a subphase (plus, for Subphase IA, the Agency
Loan) be sufficient to pay all of such costs of construction and development. The
Agency has agreed to subordinate its Deed of Trust to one or more of the Project
Loans approved by Agency, as further described herein, pursuant to the terms of a
subordination agreement that must be acceptable to the Agency Executive Director in
his sole and absolute discretion.
F. The Project will assist in the elimination of blight in the Project Area and will
substantially improve the economic and physical conditions in the Project Area in
accordance vith the purposes and goals of the Redevelopment Plan.
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE 1. DEFINITIONS
The following capitalized terms as used in this Agreement shall have the respective
meanings set forth below:
Section 1.1 Agency Loan shall mean, collectively, that certain forgivable loan in the
amount of $3,800,300 to be made by Agency to Developer under this Agreement for the purpose
of paying the $1,078,000 purchase price of the land for Subphase I of the Project and a portion
of the construction costs of the apartment project comprising Subphase IA of the Project, which
is to be evidenced by the Note and is to be forgiven upon the expiration of the term of the
Regulatory Agreement provided Developer is not otherwise in default under this DDA or the
Loan Documents; the Loan Agreement shall contain the terms and conditions for disbursement
of the $2,722,300 portion of the Agency Loan that is to be disbursed for construction costs for
the apartment project comprising Subphase IA of the Project.
Section 1.2 Building shall mean the applicable building described by number on the
Site Plan attached to the Scope of Development.
Section 1.3 Certificate of Completion means a certificate substantially in the form
attached hereto as Exhibit "C", to be provided by the Agency upon satisfaction of certain
conditions as set forth h-.rein.
Section 1.4 City means the City of Temecula, a municipal corporation.
Section 1.5 Completion means all aspects of the Project (or a Phase thereof, as
applicable) are substantially complete and the Developer has recorded a Notice of Completion
for the Project or such Phase, as applicable.
Section 1.6 Deed of Trust shall mean a Deed of Trust and Assignment of Leases
(Including Fixture Filing) executed by Developer in favor of Agency encumbering subphase A
that is in form and substance acceptable to Agency, and that secures the Agency Loan (consisting
11087-0001\741577v7.doc - 2 -
of a purchase money loan in the amount of $1,078,000 for Subphase IA and the $2,722,300
construction loan for Subphase IA).
Section 1.7 Developer means AGK Group, LLC, a California limited liability
company. The principal office of the Developer is 35411 Paseo Viento, Capistrano Beach,
California 92624.
Section 1.8 Environmental Indemnity Agreement shall mean an environmental
indemnity agreement executed by Developer in favor of Agency, as lender, which is acceptable
in form and substance to Agency.
7.1.
Section 1.9 Escrow Holder shall mean an escrow holder acceptable to the Agency.
Section 1.10 Event of Default shall have the meaning ascribed to such term in Section
Section 1.l l Force Majeure has the meaning ascribed to such term in Section 8.19.
Section 1.12 Governmental Requirements means all applicable laws, ordinances,
statutes, codes, rules, regulations, orders and decrees of the United States, the State of California,
the County of Riverside:, the City of Temecula, or any other political subdivision in which the
Property is located, and of any other political subdivision, agency or instrumentality exercising
jurisdiction over the Agency, the Developer or the Property, including, without limitation, all
applicable prevailing wage laws and all applicable federal, state and local occupation, safety and
health laws, rules, regulations and standards, applicable state labor standards, the City zoning
and development standards, building, plumbing, mechanical and electrical codes, and all other
provisions of the City of Temecula Municipal Code, and all applicable disabled and handicapped
access requirements, including, without limitation the Americans With Disabilities Act, 42
U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., and the Unruh Civil
Rights Act, Civil Code Section 51, et seq.
Section 1.13 Grant Deed shall mean, for each Phase, a Grant Deed in the form of
Exhibit "C" attached hereto.
Section 1.14 Hazardous Materials shall include, but not be limited to, substances
defined as "hazardous substances, " "hazardous materials, " "pollutant or contaminant,"
"imminently hazardous chemical substance or mixture, " "hazardous air pollutant, " "toxic
pollutant, " "hazardous waste, " "extremely hazardous waste " or "toxic substances " in any of
the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended, 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.
§1801, et seq.; The Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq.; and
those substances defined as "hazardous substances " in §25316 of the California Health &
Safety Code; and in the regulations adopted and publications promulgated pursuant to said laws
(collectively, "Hazardous Materials Laws").
Section 1.15 Higher Education Purposes shall mean the use of a Building for
educational purposes by accredited educational institutions for: (i) graduate degree programs;
(ii) four year degree programs; (iii) 2 year programs for associate degrees or suitable for
11087-000 1 \741577v7.doc - 3 -
certificates or transfers to other educational institutions; (iv) continuing education programs; (v)
accredited trade school programs; and (vi) workforce education programs.
Section 1.16 Loan Agreement shall mean a loan agreement for the Agency Loan in
form and substance acceptable to Agency.
Section 1.17 Loan Documents shall have the meaning ascribed to such term in the Loan
Agreement.
Section 1.18 Note shall mean a promissory note evidencing the Agency Loan executed
by Developer in favor of Agency and in form and substance acceptable to Agency.
Section 1.19 SubDhases shall mean Subphase IA, 113, 1C, 1D, 2A, 213, 2C, 2D, 2E, 2F,
2G and 2H, as described in the Scope of Development and the Site Plan attached thereto.
Section 1.20 Memorandum of DDA shall mean a Memorandum of DDA in the form
attached hereto as Exhibit "E".
Section 1.21 Project means the project described in the Scope of Development.
Section 1.22 Schedule of Performance means the Project timetable attached hereto as
Exhibit "D" and incorporated herein by this reference.
Section 1.23 Regulatory Agreement shall mean that certain Regulatory Agreement
pursuant to which Developer agrees to rent the Units (as defined in Section 1.27 below) in Phase
A only to very low income households and extremely low income households (as such terms are
defined in California Health and Safety Code Sections 50105 and 50106) at an affordable rent
(as defined in California Health and Safety Code Section 50053).
Section 1.24 Scope of Development means the description of the Project attached
hereto as Exhibit `B" and incorporated herein by this reference.
Section 1.25 Security Agreement shall mean a security agreement executed by
Developer covering personal property relating to the Project or Property which is in form and
substance acceptable to the Agency.
Section 1.26 Transfer shall mean any transfer, conveyance or encumbrance by
Developer, voluntarily or involuntarily, of the Property or any portion thereof or interest therein,
except for any partial assignment in compliance with Section 8.15 below, any encumbrance of
the Property permitted in this Agreement (such as a Project Loan approved by Agency), the
granting of reasonable easements necessary for the Project, and the leasing of portions of the
Project by Developer permitted by the Regulatory Agreement and Section 5.3 below. "Transfer"
shall also mean any change in the ownership or control of Developer that results in either: (a)
less than twenty percent (20% of the ownership interests in the Developer being owned by A.G.
Kading and/or one or more family trusts for A.G. Kading's family of which A.G. Kading is a
trustee; or (b) A.G. Kading not being the manager of the Developer with sole control over the
day-to-day activities of Developer (including, without limitation, development of the Project).
Developer hereby represents and warrants that A.G. Kading is the sole manager of Developer
11087-0001\741577v7.doc - 4 -
with sole control over tl'ne day-to-day activities of the Developer (including, without limitation,
development of the Project) and that A.G. Kading owns 20% or more of the Developer;
provided, however, that if A. G. Kading dies or is incapacitated such that he is no longer in
"control" of the Developer, the Developer may replace him with another reputable manager for
the Developer who has significant experience in developing Projects similar to the Project and
who is otherwise reasonably acceptable to Agency.
Section 1.27 Units shall mean the low income rental housing units that are part of
Subphase 1A and are described in the Regulatory Agreement; the Units shall consist of 25 one -
bedroom units and 25 two -bedroom units, all of which will be restricted by covenants in the
Regulatory Agreement that require that they be leased only to very low income persons and
households at an affordable rent, in accordance with the California Community Redevelopment
Law.
ARTICLE 2. BASIC STRUCTURE: SALE OF LAND AND MAKING OF LOAN. In
consideration for the Developer's performance of the Developer's obligations hereunder to
construct and operate the Project (or portions thereof) in accordance with the terms hereof and
sell the Units in accordance with the terms of the Regulatory Agreement, the Agency agrees to
sell the Property to the Developer and make the Agency Loan to Developer subject to the terms
and conditions herein and in the Loan Documents.
ARTICLE 3. AGENCY SALE OF THE PROPERTY TO DEVELOPER
Section 3.1 Sale of the Property by the Agency to the Developer. The Agency hereby
agrees to sell the Prop-.rty to Developer, and Developer hereby agrees to buy the Property,
subject to the terms and conditions hereinafter set forth. The Developer will close on and
purchase all subphases of Phase 1 concurrently, and may close on and purchase all or any of the
subphases of Phase 2 concurrently with its purchase of Phase 1 provided that the applicable
conditions in Section 3.5 have been satisfied.
Section 3.2 Purchase Prices. The purchase prices for the Subphases to be paid by
Buyer to Agency are set forth on Exhibit "F" attached hereto.
Section 3.3 Deposits. Concurrently with its execution and delivery of this Agreement,
Developer shall deliver pro Agency the sum of One Hundred Thousand Dollars ($100,000.00) (the
"Initial Deposit") by cashier's check. If the Close of Escrow (as defined in Section 3.5) for
Phases 2A through 2H has not occurred by the date that is thirty-two (32) months after the date
of this Agreement for any reason, the Developer shall deliver to Agency an additional deposit in
the amount of One Hundred Thousand Dollars ($100,000.00) (the "Additional Deposit");
provided, however, that if the date for the Close of Escrow for Subphases IA, 1B and 1D shall
have been extended for one (1) year as provided below, then such deadline relating to the
delivery of the Additional Deposit shall also be extended by one (1) year. Agency may apply the
Deposit and the Additional Deposit to costs and expenses heretofore or hereafter incurred by
Agency in connection with this Agreement or the transaction or documents described in this
Agreement (including., without limitation, legal fees, appraiser fees, the fees of
financial/economic consultants and the fees of other consultants), and all portions so applied
shall not be credited against the purchase prices for Subphases. Upon the Close of Escrow for
11087-0001\7415770.doc - 5 -
Phases 1C and 1D, fifty percent (50%) of the then-unapplied portion of the Deposit held by
Agency shall be credited toward the purchase price for Phase IC and the other fifty percent
(50%) shall be credited toward the purchase price for Subphase 1D; upon the Close of Escrow
for Subphases 2A through 2H, the then-unapplied portion of the Additional Deposit held by
Agency shall be credited toward the purchase price for the applicable Subphase, provided that
the amount of the Additional Deposit that may be applied to the purchase price for each such
Subphase shall not exceed the amounts set forth below:
Subphase 2A:
$33,640.00
Subphase 2B:
$14,017.00
Subphase 2C:
$16,755.00
Subphase 2D:
$3,690.00
Subphase 2E:
$7,106.00
Subphase; 2F:
$10,793.00
Subphase 2G:
$4,277.00
Subphase 2H:
$9,720.00
In the event that the Close of Escrow for Subphases IA, 1 B and ID has not
occurred by the date that is sixteen (16) months after the date of this Agreement, then this
Agreement shall terminate, and the Agency shall retain the entire Deposit as liquidated damages;
provided, however, that: such date shall be extended by one (1) calendar year if, prior to such
date, the following conditions are satisfied: (i) Developer increases the Deposit to $200,000 by
delivering an additional $100,000 to the Agency (which shall become part of the Deposit); (ii)
the Developer requests the extension in writing by the date that is fifteen (15) months after the
date of this Agreement; (iii) the Planning Commission of the City of Temecula shall have
approved the conditional use permit, tentative subdivision map and development plan for the
Project; and (iv) the Developer shall have submitted for plan check comprehensive plans and
specifications for Subphases IA, 113 and ID. In the event that the Close of Escrow for
Subphases 2A through 2H has not occurred by the date that is four years and four months after
the date of this Agreement for any reason other than a material default by the Agency, then this
Agreement shall automatically terminate as to any phase not theretofore acquired by Developer
and the Agency shall retain any unapplied portion of the Additional Deposit as liquidated
damages; provided, however, that if the deadline for the Close of Escrow for Subphases IA, I
and 1D shall have been extended by one year, then such deadline for the Close of Escrow for
Subphases 2A through 2H shall also be extended by one (1) year if Developer is not then in,
default under this DDA.
IT IS HEREBY AGREED THAT IF DEVELOPER FAILS TO COMPLETE
THE PURCHASE OF SUBPHASES IA, 1B AND 1D FOR ANY REASON OTHER THAN
MATERIAL DEFAULT BY THE AGENCY, BY THE DATE THAT IS SIXTEEN (16)
MONTHS AFTER THE DATE OF THIS DDA (OR ONE YEAR THEREAFTER IF THE
11087-0001\741577v7.doc - 6 -
EXTENSION DESCRIBED ABOVE HAS OCCURRED), THE DEPOSIT SHALL BE NON-
REFUNDABLE AND AGENCY SHALL BE ENTITLED TO RETAIN THE DEPOSIT,
WHICH SHALL BE ACCEPTED BY AGENCY AS LIQUIDATED DAMAGES AND AS
AGENCY'S SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR SUCH FAILURE.
AGENCY AND DEVELOPER HEREBY STIPULATE AND AGREE THAT THE AMOUNT
OF THE DEPOSIT CCNSTITUTES A REASONABLE ESTIMATE OF THE COSTS AND
DAMAGES TO AGENCY THAT WOULD RESULT FROM DEVELOPER'S FAILURE TO
PURCHASE SUBPHASES IA, IB AND ID AND THAT IT WOULD BE IMPRACTICAL OR
IMPOSSIBLE TO CALCULATE OR DETERMINE THE ACTUAL DAMAGE THAT
AGENCY WOULD SUFFER UPON DEVELOPER'S FAILURE TO COMPLETE ITS
PURCHASE OF SUBPHASES IA, 113 AND 1D AND FAILURE TO THEREAFTER
BECOME BOUND TO COMPLY WITH THIS AGREEMENT WITH RESPECT TO
SUBPHASES 1A, IB AND ID. DEVELOPER DESIRES TO LIMIT THE DAMAGES AND
COSTS FOR WHICH IT MIGHT BE LIABLE HEREUNDER AS A RESULT OF SUCH
FAILURES, AND BOTH AGENCY AND DEVELOPER DESIRE TO AVOID T E COSTS
AND DELAYS OF LITIGATION.�/
AGENCY INITIALS DEVELOPER INITIALS
IT IS HEREBY AGREED THAT IF DEVELOPER FAILS TO COMPLETE
THE PURCHASE OF SUBPHASES 2A THROUGH 2H, INCLUSIVE, FOR ANY REASON
OTHER THAN MATERIAL DEFAULT BY THE AGENCY, BY THE DATE THAT IS FOUR
YEARS AND FOUR MONTHS AFTER THE DATE OF THIS AGREEMENT (OR ONE
YEAR THEREAFTER IF THE APPLICABLE EXTENSION TO THE INITIAL CLOSING
DATE FOR SUBPHASES IA, 113 AND ID DESCRIBED ABOVE HAS OCCURRED AND
DEVELOPER IS NOT IN DEFAULT UNDER THIS DDA), THE ADDITIONAL DEPOSIT
SHALL BE NON-REFUNDABLE AND AGENCY SHALL BE ENTITLED TO RETAIN THE
ADDITIONAL DEPOSIT, WHICH SHALL BE ACCEPTED BY AGENCY AS LIQUIDATED
DAMAGES AND AS .AGENCY'S SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR
SUCH FAILURE. AGENCY AND DEVELOPER HEREBY STIPULATE AND AGREE
THAT THE AMOUNT OF THE ADDITIONAL DEPOSIT CONSTITUTES A REASONABLE
ESTIMATE OF THE COSTS AND DAMAGES TO AGENCY THAT WOULD RESULT
FROM DEVELOPER'S FAILURE TO PURCHASE SUBPHASES 2A THROUGH 2H, AND
THAT IT WOULD BE IMPRACTICAL OR IMPOSSIBLE TO CALCULATE OR
DETERMINE THE ACTUAL DAMAGE THAT AGENCY WOULD SUFFER UPON
DEVELOPER'S FAILURE TO COMPLETE ITS PURCHASE OF SUBPHASES 2A
THROUGH 2H. DEVELOPER DESIRES TO LIMIT THE DAMAGES AND COSTS FOR
WHICH IT MIGHT BE LIABLE HEREUNDER AS A RESULT OF SUCH FAILURES, AND
BOTH AGENCY AND DEVELOPER DESIRE TO AVOID THE COSTS AND DELAYS OF
LITIC;ATTON
AGENCY INITIALS
Ae
DEVELOPER INITIALS
11087-0001\741577v7.doc - 7 -
Section 3.4 Closing Dates; Repayment of Portions of Preliminary Site Development
Costs. The latest date for a Close of Escrow (defined in Section 3.5 below) for each Phase of the
Property is described in the Schedule of Performance. Upon Developer's failure to timely close
any of Subphases 2A through 211, and provided that Developer is not otherwise in default under
this DDA or the Loan Documents, Agency shall pay to Developer a share of the actual costs
incurred by Developer ]'or the Preliminary Site Development Work (as defined in the Scope of
Development attached hereto as Exhibit `B") for each such Phase not acquired by Developer,
calculated by multiplying the total amount of actual costs incurred by Developer for the
Preliminary Site Development Work (as determined by Agency based on evidence submitted by
Developer and Agency's verification thereof), by a fraction, the numerator of which is the area
of the applicable Subphases not acquired by the Developer and the denominator of which is the
area of all Subphases (:including both those acquired by Developer and those not acquired by
Developer).
Section 3.5 Conditions for Sales. The following events are conditions precedent to the
Agency's sale of each Phase to the Developer, and the dates upon which the above conditions
precedent have been fully satisfied by the Developer and/or waived in writing by the Agency
with respect to a Phase, is referred to herein as the "Close of Escrow" for that Phase:
(i) the Developer's inspection of the subphase, approval of the physical condition and all
other aspects of the subphase and the delivery of copies of Developer's inspection reports and
environmental studies to the Agency;
(ii) the issuance to the Agency of an ALTA Lender's title policy (or endorsement to the
title policy issued upon the closing of the first subphase acquired by Developer) (the "Title
Policy") for the applicable subphase, which insures the Agency's Deed of Trust and is in form
and substance and with endorsements reasonably satisfactory to the Agency;
(iii) presentation to the Agency of evidence (such as insurance certificates) that the
insurance required by Section 6.1 of this Agreement is in effect;
(iv) the concurrent closing of the Project Loan(s) necessary to pay all development and
construction costs for the applicable Phase (but in the case of Subphase IA, excluding costs to be
paid by the Agency Loam) and delivery to the Agency of all documents evidencing or relating to
said Project Loan(s);
(v) execution and delivery to the Agency of the Promissory Note, Environmental
Indemnity Agreement, Regulatory Agreement and Deed of Trust, and the recordation of the
Deed of Trust and the Regulatory Agreement (against Subphase IA only) in the Official Records
of Riverside County, Cadifornia;
(vi) except for Subphase IA, execution, acknowledgment, and recordation of a
"reciprocal easement agreement" (or amendment to the first such agreement) covering the
applicable subphase and each other subphase (other than Subphase IA) theretofore acquired by
Developer, each of which must be acceptable to Agency acting it good faith;
(vii) delivery to Agency of a parking management plan for the entire Project, which
must be acceptable in form and substance to Agency acting in good faith;
11087-0001\741577v7.doc - 8 -
(viii) presentation to the Agency of a construction contract and bonds for the completion
of the applicable subphase, as described in Section 4.5 below;
(ix) presentation to the Agency of evidence establishing the financial feasibility of the
applicable subphase of the Project (including, without limitation, development pro-formas
showing sources and uses of funds and all costs of the applicable subphase), and approval by the
Agency thereof;
(x) for Subphases 2A — 2H, the acquisition of Subphases IA, 1B, 1C and 1D by
Developer pursuant to the terms of this Agreement (which may close concurrently with all or any
of Subphases 2A — 2H);
(xi) for the first Close of Escrow, the execution, acknowledgment and recordation of a
Memorandum of DDA for the entire Property;
(xii) delivery to the Agency of evidence acceptable to the Agency that all permits and
governmental approvals for the development of the applicable subphase in accordance with this
Agreement have been issued or are ready to be issued, all development -related fees for the
applicable Subphase (including, without limitation, DIF and TUMF fees and exactions and all
permit fees) have been paid, and there are no unsatisfied conditions to the issuance of any such
approvals or permits;
(xiii) except for Subphase 1A, Building 1 (the conference center), Building 5 (the
amphitheater) and the loft units in Building 10, delivery to the Agency of copies of executed
leases acceptable to the Agency with tenants acceptable to the Agency for at least fifty percent
(50%) of the rentable area of buildings to be constructed on the applicable subphase;
(xiv) delivery to the Agency of final plans and specifications for the applicable subphase,
and approval thereof by the Agency (which shall not constitute approval by the City); and
(xv) approval by the Agency of this Agreement;
(xvi) the absence: of a default by Developer under this DDA, the Regulatory Agreement
and the Loan Documents;
(xvii) the compliance of the applicable subphase with all subdivision laws i.e., each
Phase being acquired must constitute, a separate, subdivided parcel); and
(xviii) with respect to the first closing i.e., the Close of Escrow for Subphases IA, 1B
and 1D and possibly 1C), the concurrent closing of the Agency Loan for Subphase IA and the
execution and delivery of an Intercreditor Agreement by the lender of the Project Loan for
Subphase IA that is acceptable to Agency in good faith (which must provide, among other
things, for the disbursement of the construction loan portion of the Agency Loan by such lender
in accordance with such lender's normal construction disbursement conditions, rights for the
Agency to cure defaults under the Project Loan for Subphase I that are acceptable to Agency,
and the lender's agreement to the forbearance obligation and prepayment and loan purchase
rights described in Sections 7.6a, b and e below).
11087-0001 V41577v7.doc - 9 -
Section 3.6 Title. Within thirty (30) days after its approval and execution of this
Agreement, Agency shall deliver to Developer a title report for the Property with copies of the
documents listed as tithe exceptions therein. Developer shall have thirty (30) days after such
delivery to object to such exceptions to title. If Developer does not object in writing to an
exception within said thirty (30) day period, Developer shall be deemed to have approved such
exception. If Developer timely objects in writing to any exception, Agency may either terminate
this Agreement by wrilten notice given within 10 days after receipt of Developer's written
notice, or Agency may attempt in good faith to remove such exception prior to Close of Escrow
for Subphases IA, IB and 1D, and if Agency is unable to remove the exception prior to the
Close of Escrow for Subphases IA, I and 1D, than either party may terminate this Agreement
(and shall not be obligated to purchase or sell Subphases IA, 1B, I or any other Subphase). In
no event shall Agency be obligated to expend any material sum or sums attempting to remove
any title exception. The: Memorandum of DDA, the Deed of Trust (for Subphase 1A only), the
Regulatory Agreement (for Subphase IA only) and any applicable REA required as a condition
of the Closing of the Sale of the applicable subphase shall be exceptions to title and are hereby
approved by Developer as exceptions to title.
Escrow Agent (as defined in Section 3.4) shall, following the recording of each deed to
Developer, provide Developer with an ALTA Standard Coverage Policy of Title Insurance (or
endorsement thereto) in the amount of the purchase price for the subphase being acquired, issued
by the Title Company, showing the title to the property vested in Developer, subject to the
applicable title exceptions (the "Developer Title Policy"). Developer shall be responsible for the
cost of all ALTA extended coverage, all endorsements and the cost of an ALTA survey, if
performed by Developer.
Section 3.7 Escrow And Escrow Instructions. Upon the execution of this Agreement,
Developer and Agency shall deliver a copy of this Agreement to Escrow Holder and shall open
an escrow for the transactions described herein. This Agreement constitutes the joint escrow
instructions of Developer and Agency to Escrow Holder in connection with the transactions
described herein. Developer and Agency may supplement such escrow instructions and agree to
execute such reasonable supplemental escrow instructions as may be required by Escrow Holder.
Section 3.8 Deposit Of Documents And Funds In Escrow. Agency and Developer, as
applicable, hereby covenant and agree to deliver at least one (1) day prior to the Close of Escrow
for any subphase the following instruments, documents, and funds, the delivery of each of which
shall be a condition of the Close of Escrow for that subphase.
Section 3.8.1 Agency shall deliver to Escrow:
(i) A Grant Deed in the form of Exhibit `B" attached hereto for the applicable
subphase duly executed and acknowledged by Agency;
(ii) Such funds as are required to pay for costs and expenses payable by
Agency hereunder;
(iii) For the first Close of Escrow, a counterpart Memorandum of DDA duly
executed and acknowledged by Agency (the "Memo of DDA");
11087-0001\741577v7.doc - 10 -
(iv) a FIRPTA affidavit and a California form 593; and
(v) Such proof of Agency's authority and authorization to enter into this
transaction as the Title Company may reasonably require in order to issue
the Title Policy.
Section 3.8.2 Developer shall deliver to Escrow the Deed of Trust (for the
Subphase IA closing only), the Regulatory Agreement (for the Subphase 1A closing
only), and the Memo of DDA, all duly executed and acknowledged, together with such
additional funds as are required to pay for costs and expenses payable by Developer
hereunder.
Section 3.8.3 Developer shall deliver directly to Agency the Note, the Security
Agreement and the Environmental Indemnity Agreement.
Section 3.9 _Authorization To Record Documents And Disburse Funds. Escrow
Holder is hereby authorized to record the documents and disburse the funds and distribute the
documents called for hereunder upon the Close of Escrow, provided each of the following
conditions has then been fulfilled:
Section 3.9.1 The Title Company is irrevocably committed to issue in favor of
Developer the Developer Title Policy, with a liability amount equal to the applicable
purchase price for the subphase being acquired, showing fee title to such subphase vested
in Developer, subject only to the applicable title exceptions;
Section 3.9.2 The Title Company is irrevocably committed to issue an ALTA
lender's title policy (Form B - 1970) to Agency in the amount of the Agency Loan,
subject only to the Permitted Exceptions, with the same endorsements as the Developer's
Title Policy and such additional endorsements as may be reasonably required by Agency;
Section 3.9.3 Escrow Holder shall have received Agency's authorization to
close;
Section 3.9.4 Agency and Developer shall have deposited in Escrow the
documents and funds required to be deposited in Escrow pursuant to Section 3.8.1 and
3.8.2, and Developer shall have delivered to Agency the documents it is required to
deliver directly to Agency under Section 3.8.3 above.
Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of
Escrow any instrument delivered to Escrow Holder if necessary or proper for the issuance of the
Title Policy.
Section 3.10 Escrow Charges And Prorations.
Section 3.10.1 Agency shall pay: (i) the cost of the premium for the CLTA
Standard Coverage portion of the Developer Title Policy; (ii) all costs and charges for
recording the applicable deed (if any; there should be more due to exemption for public
entities); and (iii) Agency's share of other charges prorated under the terms of this
11087-0001\741577v7.doc - 11 -
Agreement. If the Escrow shall fail to close for any reason other than Agency's default,
Agency shall pay one-half (1/2) of any applicable Escrow cancellation charges; Agency
shall pay all such cancellation charges if the failure to close is caused by Agency's
default.
Section 3.10.2 Developer shall pay: (i) one-half (1/2) of the escrow fees and
charges of Escrow Holder; (ii) the cost of the premium for the Developer Title Policy in
excess of the premium for a CLTA Standard Coverage policy, if any, and the cost of the
premiums for Agency's title insurance; (iii) the cost of all endorsements to the Developer
Title Policy; (iv) all documentary or other local transfer taxes payable upon the
recordation of the applicable deed; and (v) Developer's share of other charges prorated
under the terms of this Agreement; and (vi) the cost of an ALTA survey, if required by
Developer. If the Escrow shall fail to close for any reason other than Developer's
default, Developer shall pay one-half (1/2) of any applicable Escrow cancellation
charges; Developer shall pay all such cancellation charges if the failure to close is caused
by Developer's default.
Section 3.10.3 The following shall be apportioned with respect to a subphase as of
12:01 a.m., on the day on which the Close of Escrow occurs, as if Developer were vested
with title to the subphase during the entire day upon which the Close of Escrow occurs:
(i) taxes and assessments levied against the applicable subphase; and
(ii) any other operating expenses or other items pertaining to the applicable
subphase.
Section 3.10.4 Notwithstanding anything contained in Section 3.7.3, any
installment of taxes or assessments for the current year paid at or prior to the Close of
Escrow for a subphase shall be prorated based upon the amounts actually paid. If taxes
and assessments for the current year have not been paid before the Close of Escrow for a
subphase, Agency shall be charged at the Close of Escrow an amount equal to that
portion of such taxes and assessments which relates to the period before the Close of
Escrow and Developer shall pay the taxes and assessments prior to their becoming
delinquent. Any such apportionment made with respect to a tax year for which the tax
rate or assessed valuation, or both, have not yet been fixed shall be based upon the tax
rate and/or assessed valuation last fixed. To the extent that the actual taxes and
assessments for the current year differ from the amount apportioned at the Close of
Escrow for a subphase, the parties shall make all necessary adjustments by appropriate
payments between themselves following the Close of Escrow for that subphase. All
delinquent taxes and assessments (and any penalties therein) for periods prior to the
Close of Escrow for a subphase, if any, affecting the Property shall be paid by Agency.
Section 3.10.5 All prorations shall be determined on the basis of a 360-day year.
The provisions of this Section shall survive the Close of Escrow.
11087-0001\741577v7.doc - 12 -
Section 3.11 Survey. Subject to Section 3.12, Developer, at Developer's sole cost and
expense, may obtain an ALTA survey of the Property prepared by a registered land surveyor
licensed by the State of California.
Section 3.12 Preliminary Soil Testing and Physical Condition Inspections. It is
understood and agreed upon and between the parties hereto that Developer's acquisition of each
subphase is subject to znd conditioned upon its inspection of the Property, including, without
limitation, soils conditions and the absence from the Property of Hazardous Substance. Promptly
after the execution of this Agreement, Agency will deliver to Developer copies of material
documents, reports, and correspondence in the Agency's possession that relate to the physical
condition of the Property. Until the date that is six (6) months after the date of this Agreement
(the "Inspection Deadline"), Developer and its agents may enter upon the Property upon twenty-
four (24) hour prior written notice sent to the Agency in order to investigate the physical
condition of the entire Property; provided, however, that Agency's agent may request to be
present during such inspections, and Developer shall reasonably accommodate Agency in
arranging a mutually convenient inspection time so that Agency or Agency's agents may be
present. It is understood and agreed that the right of Developer and Developer's agents to enter
onto the Property is being given solely to Developer, and Developer shall be solely responsible
for its agents and that such inspections and actions are being done to determine the condition of
the Property and not with the intent to affect the Property's value. Such inspections shall
include, but not be linuted to, the condition of soils, storm drainage, utility hookups and
archaeological testing. Developer shall indemnify, defend and hold Agency harmless from and
against any claims whether by Developer, Developer's agents and employees, or by third parties
resulting from Developer's entry upon or the conduction of any tests of the Property. If this
Agreement is terminated or if escrow fails to close for any reason, Developer shall promptly
restore the applicable Subphases not yet acquired by Developer to the same condition as existed
prior to Developer's undertaking of any testing thereon. All studies and reports prepared in
connection with Developer's inspection of the Property are to be done at the expense of
Developer; provided, that Developer shall provide Agency with a copy of all of the reports
without cost promptly upon receipt by Developer. Developer's obligations and duties hereunder
shall survive and remain upon the completion of the closing or upon the termination of this
Agreement for any reason. Developer, in its sole discretion, may elect to terminate this
Agreement and cancel Escrow in the event any physical conditions are not reasonably acceptable
to Developer by giving written notice of such termination to Agency on or before the Inspection
Deadline (as defined above), in which event Agency shall return the then-unapplied portion of
the Deposit to Developer.
Section 3.13 "AS -IS" Condition of the Property. Developer agrees that it will
purchase the Property in its "AS -IS" condition, with all faults, and without representation or
warranty, express or implied.
Section 3.14 Brokers' Commissions. Developer represents and warrants to Agency that
Developer has used no broker, agent, finder or other person in connection with the transaction
contemplated hereby to whom a brokerage or other commission or fee may be payable. Agency
represents and warrants to Developer that Agency has used no broker, agent, finder or other
person in connection with the transaction contemplated hereby to whom a brokerage or other
commission or fee may be payable. Each party indemnifies and agrees to defend and hold the
11os7-0001\741s77vzdoc - 13 -
other harmless from any claims, liabilities, costs, expenses and damages resulting from any
breach by the indemnifying party of the warranties, representations and covenants in this
Section.
ARTICLE 4. CONSTR.UCTION AND FINANCING OF THE PROJECT.
Section 4.1 Proiect Improvements. The Developer agrees to construct the Project in
accordance with and within the limitations established in this Agreement and the Scope of
Development, and within the time periods set forth in the Schedule of Performance. The
Developer shall also construct the Project in accordance with all permits and in accordance with
the Plans and Specifications approved by the Agency.
Section 4.2 Project Costs. The cost of the Project shall be borne solely by the
Developer, except that the Developer shall pay for a portion of the costs of Subphase IA
(representing costs of constructing the Units) with a portion of the Agency Loan, as provided in
the Loan Documents. Notwithstanding the foregoing, the Project costs shall not constitute nor,
on the basis of the Agency Loan be deemed, an obligation of the Agency.
Section 4.3 Land Use Approvals. Before commencement of the Project, the
Developer shall, at its own expense, secure any and all land use and other entitlements,
subdivisions, zone changes, lot line adjustments, conditional use permits, grading permits,
building permits and other permits, environmental reviews and approvals and any other
approvals which may be required for the Project by the City or any other governmental agency
affected by such construction or work, including the City's Community Development
Department (the "Land Use Approvals"). The Developer shall carry out the Project in
conformity with all applicable Governmental Requirements including, without limitation, any
applicable prevailing wage laws. The Developer shall, without limitation, apply for and secure
the following, and pay all costs, charges and fees associated therewith:
Section 4.3.1 All permits and fees required by the City of Temecula, the County
of Riverside, and. other governmental agencies with jurisdiction over the Project; and
Section 4.3.2 Any environmental studies, documents and approvals required
pursuant to the California Environmental Quality Act.
The Agency staff will work cooperatively with the Developer to assist in coordinating the
expeditious processing, consideration, and securing of all Land Use Approvals. However, the
execution of this Agreement does not constitute the granting of or a commitment to obtain any
Land Use Approvals required by the Agency or the City.
Section 4.4 Subordination to Project Loan for Subphase IA. The Agency will
subordinate the Deed of Trust to the lien securing the primary construction loan for Subphase 1 A
provided Developer is not in default under this Agreement and provided, further, that the
Executive Director of the Agency shall have reasonably approved the terms of the construction
financing and the terms of the subordination.
Section 4.5 Construction Contract and Bonds. Developer shall deliver to the Agency a
copy of the construction contract for a subphase, together with payment and performance bonds
11087-0001\741577v7.doc - 14 -
in the form of AIA form A311 or A312 issued by a surety acceptable to Agency in the amount of
the construction contract and naming Agency as co -obligee, as a condition to the closing on such
subphase. The construction contract shall obligate a reputable and financially responsible
general contractor reasonably acceptable to the Agency, licensed in California, and experienced
in completing the type of Project herein contemplated, to commence and complete the applicable
portion of the Project in accordance with this Agreement and all applicable federal, state and
local laws, rules and regulations. The construction contract shall set forth a stipulated sum or
guaranteed maximum price for the applicable portion of the Project. The construction contract
shall provide for the customary and reasonable retentions, but at least ten percent (10%) from
each progress payment (except there shall be no retention for any items excused from retention
when approved by the Agency in writing in a separate document) until the final payment. The
Agency shall have the right, at the Agency's expense, at any time, including, without limitation,
during or following the completion of the applicable portion of the Project, to audit Developer's
books and records to insure such parties' compliance with the terns thereof, and the Developer
shall insure that such construction contract and all subcontracts shall include a provisions setting
forth Agency audit rights. The construction contract and any other contracts shall also provide
for a warranty satisfactory to the Agency that the applicable portion of the Project shall be free
from defects for a period of at least one (1) year from and after the date of filing of the Notice of
Completion, and all fixtures and other personal property installed in connection with the
applicable portion of the Project shall be free from defects for the tern provided by their
manufacturer.
Section 4.6 Preliminary Notices. The Developer agrees that copies of all preliminary
notices delivered pursuant to Section 3097 of the California Civil Code (i) to the Developer and
(ii) to the Property, addressed to "City of Temecula," "Temecula Redevelopment Agency," or
the like shall be promptly delivered to the Agency. The Developer further agrees that the
Agency and the Agency's agents shall have the right at all times to enter upon the Property and
post such notices and other written or printed material thereon as it may deem necessary or
desirable for its protection.
Section 4.7 N[echanic's Liens. In the event of the recording of a mechanic's lien
pursuant to Title 15, Part 4, Division 3 of the Civil Code of the State of California relating to
works of improvement upon real property, the Developer's failure to cause such mechanic's lien
to be released or failure to furnish the Agency with a bond causing such lien to be released,
which thirty (30) days of the earlier of the Developer's receipt or knowledge of same, such
failure shall constitute ail Event of Default under this Agreement.
Section 4.8 Deadlines for Completion of the Project. The Developer shall commence
and complete the Project as provided in the Schedule of Completion, and shall otherwise timely
comply in all respects with the Schedule of Completion, and failure to do so shall be an Event of
Default and shall entitle the Agency, in the Agency's sole, exclusive and absolute discretion, to
terminate this Agreement and declare all funds advanced under the Loan Agreement immediately
due and payable, in accordance with the terms thereof.
Section 4.9 Progress of Project During construction of the Project, the Developer
shall submit to the Agency a monthly written report reasonably detailing the progress of the
Project in accordance with the Schedule of Performance. The report shall be in such form and
11087-0001\741577v7.doc - 15 -
detail as is required reasonably to inform the Agency of the status of the Project, and shall
include a reasonable number of photographs (if requested to do so by the Executive Director of
the Agency) taken since the last report by the Developer.
Section 4.10 Rii¢hts of Access In addition to those rights of access to and across the
Property to which the Agency and the City may be entitled by law, designated representatives of
the staffs of the Agency and the City shall have the right of access to the Project, without charge
or fee, with forty-eight (48) hours prior notice to inspect the work being performed at the
Property.
Section 4.11 Local. State and Federal Laws The Developer shall carry out the design,
construction, and operation of the Project in conformity with all applicable Governmental
Requirements, including, without limitation, all prevailing wage, relocation and relocation
assistance requirements under federal, state and local law. The Developer agrees to defend,
indemnify and hold harmless the Agency in connection with any claims, losses, costs, expenses,
damages or liabilities arising out of Developer's failure to comply with this Section.
Section 4.12 Anti -discrimination In Project Performance The Developer shall not
discriminate against any employee or applicant for employment because of age, sex, marital
status, race, handicap, color, religion, creed, ancestry, or national origin in connection with the
construction or operation of the Project.
Section 4.13 Certificate of Completion Upon completion of each subphase of the
Project (except for miner punch -list items that do not interfere with the use, operation or leasing
of the applicable subphase), the Agency shall, promptly following receipt of written request by
the Developer therefor, furnish to the Developer a Certificate of Completion for the applicable
Phase. The Certificate of Completion shall be in the form of Exhibit "G" attached hereto, and
shall be recorded in the County Recorder's Office of Riverside County. The Certificate of
Completion shall be, and shall so state, a conclusive determination of satisfactory Completion of
the Phase as required by this Agreement. The Certificate of Completion shall not constitute
evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a
mortgage, trust deed or other security instrument (other than Agency). Such Certificate of
Completion shall not be construed as a notice of completion as described in California Civil
Code Section 3093.
Section 4.14 Hazardous Materials.
Section 4.14.1 The Agency makes no representations or warranties, express or
implied, whatsoever to the Developer as to the condition of any portion of the Property,
including but not limited to whether the Property contains any Hazardous Materials. If
the Property is not in a condition suitable for the use or uses to which they shall be put,
then it is the sole responsibility and obligation of the Developer to take such action as
may be necessary to place the Property in a condition suitable for the Project. The
Developer acknowledges and agrees specifically that the Agency shall have no
responsibility or obligation with respect to the abatement of asbestos or any other
Hazardous Materials on the Property.
11087-0001\741577v7.doc - 16 -
Section 4.14.2 The Developer, on behalf of itself and its successors, affiliates,
partners, and assigns, agrees to indemnify, protect, defend and hold harmless the Agency
and the City (as a third -party beneficiary hereof), including, but not limited to, the City's
and the Agency's servants, employees, agents, representatives, successors,
administrators, assigns, and attorneys, and of each of them alone, from and against any
claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
punitive damage, or expense (including, without limitation, attorneys' fees), resulting
from, arising our: of, or based upon the past, present and future (i) the presence, release,
use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in
or about, the Property or the transportation of any such Hazardous Materials to or from
the Property, as a result of the Project or otherwise, or (ii) violation, or alleged violation,
of compliance with the requirements of any statute, ordinance, order, rule, regulation,
permit, judgment or license relating to the use, generation, release, discharge, storage,
disposal of Hazardous Materials on, in or about the Property. This indemnity shall
include, without limitation, any damage, liability, fine, penalty, or expense, including
without limitation, attorney fees, arising from or out of any claim, action, suit or
proceeding for personal injury (including sickness, disease or death), tangible or
intangible property damage, compensation for lost wages, business income, profits or
other economic loss, damage to the natural resource or the environment, nuisance,
contamination, leak, spill, release or other adverse effect on the environment, and the cost
of clean-up of the Property, or any portion thereof, or any improvements thereon, caused
by or resulting fiom any Hazardous Material, or toxic substances or waste existing on,
under, about or adjacent to the Property.
Section 4.14.3 THE DEVELOPER, ON BEHALF OF ITSELF AND ITS
SUCCESSORS, AFFILIATES, MEMBERS, PARTNERS, AND ASSIGNS, HEREBY
FULLY AND ENTIRELY RELEASES AND DISCHARGES THE CITY (AS A THIRD
PARTY BENEFICIARY HEREOF) AND THE AGENCY (INCLUDING, BUT NOT
LIMITED TO, THE CITY'S AND THE AGENCY'S SERVANTS, EMPLOYEES,
AGENTS, REPRESENTATIVES, SUCCESSORS, ADMINISTRATORS, ASSIGNS,
AND ATTORNEYS), AND OF EACH OF THEM, OF AND FROM ANY AND ALL
CLAIMS, CAUSES OF ACTION, DEMANDS, LIABILITIES, DAMAGES, AND
LOSSES, OF WHATEVER NATURE, ANTICIPATED OR UNANTICIPATED,
KNOWN OR UNKNOWN, ON ACCOUNT OF THE PRESENCE OF ANY
HAZARDOUS MATERIALS IN, ON, UNDER, OR ABOUT THE PROPERTY OR IN
CONNECTION WITH, OR IN ANY WAY RELATED TO THE PROPERTY. THIS
RELEASE CONSTITUTES AN EXPLICIT WAIVER BY THE DEVELOPER OF
EACH AND ALL OF THE PROVISIONS OF CALIFORNIA CIVIL CODE
SECTION 1542, WHICH STATES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWNI)Y HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT W H THE
DEBTOR."
Developer's Initials:
11087-0001\741577v7.doc - 17 -
Section 4.14.4 The Developer hereby declares and represents that it is effecting
and executing this release of the City and the Agency after having read all of this release
and with full understanding of its meaning and effect and after having received full legal
advice as to its rights from an attorney.
ARTICLE 5. USE OF THE PROPERTY; RESTRICTION ON TRANSFERS
Section 5.1 Use Covenant for Buildings 2, 3 and 4. Until the date that is twenty (20)
years after the completion of all of Buildings 2, 3 and 4, said Buildings 2, 3 and 4 shall be used
for Higher Education Purposes, and for no other purposes without the prior, express written
consent of the Agency in its sole and absolute discretion; provided, however, that after the date
that is ten (10) years after the completion of Buildings 2, 3 and 4, if any lease of all or a portion
of Buildings 2, 3 and 4 is terminated as a result of a material default by a tenant thereunder, or if
such a lease expires by virtue of its terms, and Developer provides to the Agency evidence
reasonably acceptable to the Agency that the Developer has exercised diligent efforts to lease the
vacant space for Higher Education Purposes but has been unable to do so, then the Developer
may lease such vacant space to a tenant reasonably approved by the Agency for a use which
complies with Section 5.3 below.
Section 5.2 Restrictions on Transfers. No Transfer may occur with respect to a Phase
prior to the latest of the following: (i) the completion of the Preliminary Site Development
Work; (ii) issuance of a Certificate of Completion for Subphases IA, 113, 1C and 1D; and (ii)
issuance of a Certificate of Completion for the Phase with respect to which the Transfer is to
occur.
Section 5.3 Leases. All leases and tenants of the Project or any portion thereof shall
(i) be subject to any applicable terms and conditions of the conditional use permit(s) for the
Project; and (ii) shall constitute a use permitted under Temecula Municipal Code Sections 17.08
(NC or Neighborhood Commercial) or 17.12 (PI or Public/Institutional) (except for leases of
apartments and loft units, which with respect to the Units, shall be governed by the Regulatory
Agreement). Upon any termination of this Agreement (or reversion of any Subphase to Agency),
Developer shall, at the written request of Agency, assign to Agency all of its right, title and
interest in, under and to any leases executed by Developer with respect to portions of the Project
that have then not yet been conveyed to Developer (or with respect to the reverting Subphase, as
applicable, subject to the lien in favor of the primary construction lender) that are designated by
Agency in such written request to be assigned to Agency. Developer shall include in all leases
the requirement that the tenant attom to the Agency at the Agency's request and recognize the
Agency as landlord under the lease and a provision to the effect that if Agency does not own the
leased property at the time of the request, then the attornment and recognition shall be
conditioned upon Agency's acquiring title to the leased property. Each lease shall also provide
that Agency shall not tie (i) liable for any acts or omissions of the Developer or any security
deposit paid to the Developer and not to the Agency; or (ii) bound by any material lease
amendment not approved in writing by Agency.
Section 5.4 Obligation to Refrain from Discrimination The Developer shall not
restrict the rental, sale or lease of the Property or any portion thereof on the basis of sex, age,
11087-0001\741577v7.doc - 18 -
handicap, marital status, race, color, religion, creed, ancestry or national origin of any person.
The covenants contained in this Section 5.3 shall remain in effect in perpetuity.
Section 5.5 Form of Nondiscrimination and Nonseareization Clauses All deeds, leases
and contracts relating to the sale, transfer or leasing of the Property or any interest therein shall
contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
A. In. deeds: "The grantee herein covenants by and for himself, his heirs,
executors, administrators and assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of sex, marital status, race, age, handicap, color, religion, creed, national origin or ancestry in the
sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed,
nor shall the grantee himself or any person claiming under or through him, establish or permit
any such practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the
land herein conveyed. The foregoing covenants shall run with the land. "
B. In leases: "The lessee herein covenants by and for himself, his heirs,
executors, administrators and assigns, and all persons claiming under or through him, that this
lease is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any person or
group of persons on account of sex, marital status, race, age, handicap, color, religion, creed,
national origin or ancestry, in the leasing, subleasing, transferring, use, or enjoyment of the land
herein leased, nor shall the lessee himself, or any person claiming under or through him,
establish or permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy, of tenants, lessees, sublessees, subtenants or
vendees in the land herein leased."
C. In contracts: "Each party hereto herein covenants by and for himself, his
heirs, executors, administrators and assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of any person or group of persons on
account of race, color, creed, religion, sex, sexual orientation, marital status, ancestry, national
origin, age, physical handicap in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the land, nor shall the transferee itself or any person claiming under or through it
establish or permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
vendees of the land. "
Section 5.6 Amendments to Reciprocal Easement Agreements and Parking
Management Plan. Developer shall not amend, supplement or otherwise alter any "reciprocal
easement agreement" or the parking management plan approved by Agency without giving
Agency at least thirty (30) days' prior written notice of the amendment, and if the amendment
might affect any Phase owned by Agency or any Phase in which Agency has a reversionary right
or a lien, then such amendment shall be subject to the prior written consent of the Agency.
11087-0001V415770.doc - 19 -
ARTICLE 6. INSURANCE: INDEMNITY
Section 6.1 Insurance. Until the repayment of the Agency Loan, Developer shall
maintain the insurance required by the Loan Agreement. Thereafter, Developer (and its
successors and assigns) shall comply with the following provisions with respect to their interest
(if any) in the Property or improvements thereon:
Section 6.1.1 Developer shall obtain and maintain at no cost or expense to the
Agency, with a reputable and financially responsible insurance company reasonably
acceptable to the Agency, both commercial broad form general public liability insurance,
(insuring against claims and liability for bodily injury, death, or property damage arising
from the construction, use, occupancy, condition, or operation of the Project) and
automobile liability insurance. Such general public liability insurance and automobile
insurance shall each provide combined single limit protection of at least $2,000,000.
Such insurance policy(s) shall name the City and the Agency and their elected officials,
council members, board members, officers, employees, consultants, independent
contractors, attorneys and servants as additional insureds.
Section 6.1.2 Before commencement of any work by Developer on any portion
of the Property, Developer shall obtain and maintain in force until completion of such
work (i) "all risk " builder's risk insurance with a combined single limit of at least
$2,000,000, including coverage for vandalism and malicious mischief, in a form and with
a company reasonably acceptable to the Agency, and (ii) workers' compensation
insurance covering all persons employed by Developer in connection with work on the
Project, or any portion thereof. Such builder's risk insurance shall cover improvements
in place and all material and equipment at the job site furnished under contract, but shall
exclude contractors', subcontractors', and construction managers' tools and equipment
and property owned by contractors' and subcontractors' employees.
Section 6.1.3 Developer shall also famish or cause to be furnished to the Agency
evidence satisfactory to the Agency that any contractor with whom it has contracted for
the performance of work on the Property or otherwise pursuant to this Agreement carries
workers' compensation insurance as required by law.
Section 6.1.4 With respect to each policy of insurance required above, Developer
and each of Developer's general contractors shall furnish to the Agency an insurance
certificate on the insurance carrier's form setting forth the general provisions of the
insurance coverage (as well as a copy of each insurance policy promptly upon receipt by
Developer). The required certificate shall be furnished by Developer prior to
commencement of the Project.
Section 6.1.5 All such policies required by this Section shall be issued by
responsible insurance companies licensed to do business in California with an A.M.
Best's rating of no less than A:VIII, be primary and noncontributing, shall be
nonassessable and shall contain language to the effect that (i) the policies cannot be
canceled or materially changed except after thirty (30) days' written notice by the insurer
to the Agency by certified mail, and (ii) the Agency shall not be liable for any premiums
11087-0001\741577v7.doc - 20 -
or assessments. All such insurance shall have deductibility limits which shall be
commercially reasonable.
Section 6.1.6 Each policy of insurance required above shall include a waiver by
the insurer of all rights it may have to be subrogated to rights against Agency (or its
elected officials, council members, board members, officers, employees, agents and
representatives) in connection with any insured loss, and Developer hereby waives any
rights it may have against such persons or entities in connection with matters covered by
insurance.
Section 6.1.7 From and after the execution of this Agreement, and in addition to
any obligations of Developer under the Loan Agreement, Developer hereby agrees to
indemnify, defend, protect, and hold harmless the Agency and the City (as a third party
beneficiary) and any and all agents, employees and representatives of the Agency and the
City, from and against all losses, liabilities, claims, damages (including foreseeable or
unforeseeable consequential damages), penalties, fines, forfeitures, costs and expenses
(including all reasonable out-of-pocket litigation costs and reasonable attorney's fees)
and demands of any nature whatsoever, related directly or indirectly to, or arising out of
or in connection with:
(i) relocation activities in connection with the Project,
(ii) any breach or default by Developer under this Agreement, or
(iii) any of Developer's activities on the Property (or the
activities of Developer's agents, employees, lessees,
representatives, licensees, guests, invitees, contractors,
subcontractors, or independent contractors on the Property),
and
(iv) any other acts, occurrences, omissions or other matters
relating to a Phase that take place or exist prior to the Close
of Escrow for that Phase,
in each case, regardless of whether such losses, liabilities, claims, damages, fines,
forfeitures, costs, expenses and demands shall accrue or are discovered before or after
termination or expiration of this Agreement.
Developer shall defend, at its expense, including attorneys' fees, the Agency and
the City, and the Agency's and the City's council members, board members, officers,
agents, attorneys, consultants, independent contractors, servants and employees in any
legal action based upon items (i) through (iv) above or any of them. The Agency and the
City may in their discretion, and at their own cost, participate in the defense of any such
legal action. The provisions of this Section shall survive the Closing or the termination
of this Agreement as applicable.
Section 6.1.8 Developer represents and warrants that it has provided a copy of
this Agreement to its insurers and that the insurers are aware of all of the obligations of
Developer under this Agreement.
11087-0001\7415770.doc - 21 -
ARTICLE 7. EVENTS OF DEFAULT AND REMEDIES
Section 7.1 Events of Default. The occurrence of any of the following shall constitute
an Event of Default under this Agreement:
Section 7.1.1 The occurrence of an Event of Default under the Loan Agreement;
Section 7.1.2 Any breach of this Agreement not described below in this Section
7.1 which is not cured within thirty (30) days after written notice from Agency provided,
however, if such cure cannot reasonably be effected with such 30-day period, such failure
shall not be an Event of Default so long as the developer promptly (in any event, within
thirty (30) days after such notice is given) commences a cure, and thereafter diligently
prosecutes such cure to completion.
Section 7.1.3 The Developer's neglect, failure or refusal to keep in force and
effect any permit or approval necessary for the Project.
Section 7.1.4 The filing of a petition in bankruptcy by or against the Developer,
or its general partner, or appointment of a receiver or trustee of any property of the
Developer, or an assignment by the Developer for the benefit of creditors, or adjudication
that the Developer is insolvent by a court (provided that in the case of bankruptcy filing
against Developer or the appointment of a receiver or trustee at the request of a third
party, an Event of Default by the Developer shall not be deemed to have occurred unless
Developer fails to cause such filing or appointment to be removed or discharged within
sixty (60) days).
Section 7.1.5 The Developer's failure to comply with the Schedule of
Performance.
Section 7.1.6 Abandonment or substantial suspension of construction of the
Project by the Developer for a period of thirty (30) days after written notice of such
abandonment or suspension from the Agency.
Section 7.1.7 Failure to cause a mechanic's lien to be released (by statutory
release bond, payment or otherwise) within thirty (30) days after the earlier of
Developer's receipt or knowledge of the same, as provided in Section 4.7; provided that
if the lien affects Subphase IA (or any portion of the Property then owned by Agency
which is being improved with preliminary site development work) and the Developer is
contesting the lien in good faith and obtains a statutory release bond, but the lien is not
released of record within such thirty (30) day period, then Developer must also cause an
endorsement to Agency's lender's or owner's title policy (as applicable) to be issued at
Developer's expense within such thirty (30) day period which "insures over" the lien.
Section 7.1.8 The occurrence of a Transfer with respect to a Phase prior to the
latest of the following: (i) the completion of the Preliminary Site Development Work for
the entire Project; (ii) issuance of a Certificate of Completion for Subphases IA, 113 and
1D; (iii) the issuance of a Certificate of Completion for the Subphase with respect to
which a Transfer is to occur.
11087-0001\741577v7.doc - 22 -
Section 7.2 Developer's Remedies. The Developer's sole remedies for the Agency's
breach of this Agreement shall be: (a) to institute an action in equity to seek mandamus or
specific performance of the terms of this Agreement, or (b) to terminate this Agreement. In no
event shall the Agency be liable for damages.
Section 7.3 Agency's Remedies If any Event of Default by Developer occurs, then
the Agency shall be entitled to all remedies available at law or in equity, including, without
limitation, specific performance.
Section 7.4 Inaction Not a Waiver of Default Except as expressly provided in this
Agreement to the contrary, any failures or delays by either party in asserting any of its rights and
remedies as to any default shall not operate as a waiver of any default or of any such rights or
remedies, or deprive either such party of its rights to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert or enforce any such rights or
remedies.
Section 7.5 Notice of Default to Mortgage, Deed of Trust or Other Security Interest
Holders; Right to Cure_ Whenever the Agency shall deliver any notice or demand to the
Developer with respect to any Event of Default by the Developer, the Agency shall at the same
time deliver a copy of :such notice or demand to each holder of a Project Loan ("Holder") from
whom the Agency has received a written request for notice. Each such Holder shall (insofar as
the rights of the Agency are concerned) have the right (at such Holder's option), but not the
obligation, within ninety (90) days after the receipt of the notice to cure or remedy any such
Event of Default and to add the cost thereof to the debt secured by its lien on the Property;
provided that in the case of an Event of Default which can only be remedied or cured by such
Holder upon obtaining possession, provided that the Holder diligently seeks to obtain possession
of the Property, the Holier shall have a reasonable period of time, not to exceed one hundred and
twenty (120) days after obtaining possession, to cure the Event of Default. This Section 7.5 does
not apply to a failure by the Developer to complete Project improvements for a Phase and obtain
a "Certificate of Occupancy" or the equivalent for that Phase by the applicable deadline in the
Schedule of Performance; the consequences of such failure are addressed (in part) in Section 7.7
below. This Section 7.5 is for the sole benefit of Holders, and the Agency's failure to comply
with same shall not excuse the Developer's performance hereunder.
Section 7.6 Assumption of DDA. No Holder of any security interest in the Property or
any portion thereof, or its successors, grantees or assigns, shall undertake or continue the
construction or completion of any improvements on the Property (beyond the extent necessary to
conserve or protect construction already made) without first having expressly assumed the
Developer's obligations to the Agency under this Agreement by written agreement reasonably
satisfactory to the Agency. Any such Holder properly completing a Subphase shall be entitled,
upon written request made to the Agency, to a Certificate of Completion from the Agency with
respect to the applicable Subphase.
Section 7.7 Agency Reversion Rights. If the Developer fails to satisfy all conditions
and requirements for the issuance of a Certificate of Occupancy or its equivalent for Subphases
IA, 113, 1C and 1D within 30 months after acquiring the applicable Subphase, or if Developer
fails to satisfy all conditions and requirements for the issuance of a Certificate of Occupancy or
11087-0001\741577v7.doc - 23 -
its equivalent for Subphases 2A through 2H within 24 months after acquiring the applicable
Subphase, then title to the applicable Subphase (including all improvements thereon) shall revert
to the Agency as provided in the Grant Deed for the applicable Subphase and Agency shall have
all of Developer's rights to possession of the applicable Subphase; however:
a. Such reversion right shall be subject and subordinate to the lien and rights
of any Holder, but each Holder must agree to forbear from exercising its rights and remedies
with respect to defaults by Developer under its loan from such Holder for a period of at least nine
(9) months after reversion of title to a Subphase to the Agency; the foregoing will not, however,
prohibit the Holder from: (i) sending, recording or publishing notices of default, notices of sale
and other notices required by law as prerequisites to a valid foreclosure sale; (ii) proceeding with
any or all of its rights or remedies with respect to the Property if, after the reversion, Agency has
received written notice from the Holder that Agency has failed to pay property taxes or
assessments payable on the Property and arising after the reversion, maintain insurance after the
reversion or maintain the Property after the reversion, in each case as required by the loan
documents for the loan, and such failure has continued for more than sixty (60) days after such
written notice; or (iii) proceeding against guarantors of the loan.
b. Upon the revesting in the Agency of title to a Subphase, the Agency shall,
pursuant to its responsibilities under state law, use reasonable efforts to resell the Subphase as
soon and in such manner as the Agency shall find feasible and consistent with the objectives of
the Community Redevelopment Law and the Redevelopment Plan to a qualified and responsible
party or parties (as determined by the Agency), who will assume the obligation of making or
completing the improvements for the Subphase required by this Agreement, or such other
improvements in their stead as shall be satisfactory to the Agency and in accordance with the
uses specified for the Project, or any part thereof, in the Redevelopment Plan. Upon such resale
of the Project, or any pa-t thereof, the net proceeds thereof shall be applied:
(1) First, repayment in full of the outstanding balance of the Holder's loan;
(2) next, to reimburse the Agency on its own behalf or on behalf of the City
of all costs and expenses incurred by the Agency or City, including
salaries of personnel engaged in such action, in connection with the
management and resale of the Phase (but less any income derived by the
Agency from the sale of the Phase, or any part thereof, in connection
with such management); all taxes, assessments, and water and sewer and
other utility charges, insurance costs, security costs, and other carrying
costs with respect to the Phase or any part thereof; any payments made
or necessary to be made to discharge or prevent from attaching or being
made any subsequent encumbrances or liens due to obligations, defaults
or acts of the Developer, its successors or transferees; any expenditures
made or obligations incurred with respect to the making or completion
of the agreed improvements or any part thereof on the Phase, or any part
thereof, and any amounts otherwise owing to the Agency by the
Developer and its successor or transferees.
Ios7-000tv4is77v7.doc - 24 -
C. Any balance remaining after such reimbursements shall be retained by the
Agency as its property.
d. The rights established in this Section are to be interpreted in light of the
fact that the Agency will convey each Phase to the Developer solely for development and use in
accordance with this Agreement.
e. If the applicable Subphase(s) are not sold by Agency within eight (8)
months after reversion to the Agency, or the proceeds of the sale are not sufficient to pay all
sums due the Holder, then the Agency shall have thirty (30) days to purchase the Holder's loan
for a sum equal to all principal and accrued interest due thereunder (excluding penalties and
excluding interest at a rate in excess of the rate of interest in effect prior to the Developer's
default). If Agency does not so purchase the Holder's loan, the Holder may proceed with its
rights and remedies under its loan documents, including, without limitation, foreclosure.
f. In the event of a default or breach by the Developer of a Holder's loan that
is cured by the Agency, or payment of sums by Agency to a Holder in excess of the net proceeds
of a sale of the Subphase by the Agency's or sale by Agency of a Subphase after obtaining title
by reversion, the Agency shall be entitled to reimbursement from the Developer of all costs and
expenses incurred by the Agency in curing the loan default the sum of payments by Agency to
such Holder, and, all costs and expenses incurred by the Agency in reselling the Subphase.
ARTICLE 8. GENERAL PROVISIONS
Section 8.1 Construction The Parties agree that each Party and its counsel have
reviewed and revised this Agreement and that any rule of construction to the effect that
ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of
this Agreement or any amendments or exhibits hereto.
Section 8.2 Police Power. Nothing contained herein shall be deemed to limit, restrict,
amend or modify, or to constitute a waiver or release of, any ordinances, notices, orders, rules,
regulations or requirements (now or hereafter enacted or adopted and/or as amended from time to
time) of the City or the Agency, or their departments, commissions, agencies and boards and the
officers thereof, including, without limitation, any redevelopment or general plan or any zoning
ordinances, or any of the City's or the Agency's duties, obligations, rights or remedies
thereunder or pursuant thereto or the general police powers, rights, privileges and discretion of
the City or the Agency in the furtherance of the public health, welfare and safety of the
inhabitants thereof; provided, however, that the Agency and the City agree not to take any action
to frustrate or hinder the: intent or effect of this Agreement.
Section 8.3 Interpretation In this Agreement the neuter gender includes the feminine
and masculine, and singular number includes the plural, and the words "person " and "party "
include corporation, partnership, firm, trust, or association where the context so requires.
Section 8.4 Time of the Essence Time is of the essence of this Agreement and all
Parties' obligations hereunder.
11087-0001\741577v7.doc - 25 -
Section 8.5 Notices. Demands and Communications Between the Parties Notices,
demands and communications between the Agency or the City and the Developer shall be
deemed sufficiently given if (i) delivered personally, (ii) dispatched by registered or certified
mail, postage prepaid, return receipt requested, or (iii) sent by nationally -recognized reputable
overnight delivery service to the principal offices of the City or the Agency and the Developer as
set forth below. Such written notices, demands and communications may be sent in the same
manner to such other addresses or to such other address as any Party may from time to time
designate by mail as provided in this Section, and shall be deemed received upon delivery or
refusal of delivery, if delivered personally, within three (3) business days after deposit of same in
the United States mail, :if mailed, or one (1) business day after deposit of same with a nationally
recognized reputable overnight delivery service if sent by such a delivery service.
To the Developer: AGK Group, LLC
35411 Paseo Viento
Capistrano Beach, California 92624
Attn: Mr. Kading
Required Copy To: Good, Wildman, Hegness & Walley
5000 Campus Drive
Newport Beach, California 92660-2181
Attn: Paul Hegness, Esq.
To the Agency: Temecula Redevelopment Agency
43200 Business Park Drive
Temecula, California 92589-9033
Attn: Executive Director
Required Copy To: Richards, Watson & Gershon
333 South Hope Street, 38th Floor
Los Angeles, California 90071
Attn: Bruce Galloway, Esq.
Section 8.6 Representations and Warranties.
Section 8.6.1 Developer's Representations and Warranties. The Developer
makes the following representations and warranties as of the date of this Agreement and
agrees that such representations and warranties shall survive and continue thereafter but
shall not be remade after the date of this Agreement, and further agrees that, until the
Closing, upon learning of any fact or condition which would cause any of the warranties
and representations in this Section not to be true, the Developer shall promptly give
notice of such fact or condition to the Agency. Such representations and warranties shall
extend for the team of the Loan Agreement.
(a) Status. The Developer is duly organized, validly existing, in good
standing under the laws of the state of California, and is qualified to do business
and is in good standing in the State of California with full power and authority to
perform the obligations contemplated hereby.
11087-0001\741577v7.doc - 26 -
(b) No Liti ag tion. There is no litigation, action, suit, or other
proceeding pending or threatened against the Developer, or to the Developer's
knowledge, against the Property, or the Project which may in any manner
whatsoever materially adversely affect the validity, priority, or enforceability of
this Agreement or the construction, use, occupancy or operation of the Project by
or on behalf of the Developer.
(c) Authority. The Developer has complied with all Governmental
Requirements concerning its organization, existence and transaction of business
with respect to the Project. The Developer has the right and power to own and
develop the Project as contemplated in this Agreement and to perform all of its
obligations under the Loan Documents. The person(s) executing this Agreement
on behalf of Developer have the full legal authority to execute this Agreement on
behalf of the Developer and thereby bind Developer to its terms (notwithstanding
anything to the contrary, express or implied, in any documents delivered to
Agency, including, without limitation, the operating agreement of Developer).
(d) Enforceability. The Developer has full right, power and authority
to execute and deliver this Agreement, and all documents executed pursuant
hereto (ntcluding, without limitation, the Loan Documents), and to perform the
undertakings of the Developer contained in such agreements. All agreements
executed pursuant hereto constitute valid and binding obligations of the
Developer which are legally enforceable in accordance with their terms, subject to
the application and effect of all Governmental Requirements including, without
limitation, the laws of bankruptcy, creditor's rights exceptions, and equity.
(e) No Breach. None of the undertakings of the Developer contained
in this Agreement or any agreements executed pursuant hereto (including, without
limitation, the Loan Documents) violates any applicable Governmental
Requirements, or conflicts with, or constitutes a breach or default under, any
agreement by which the Developer or the Project are bound or regulated.
(1) Financial Information. All financial information prepared by the
Developer and delivered to the Agency by the Developer, including, without
limitation, information relating to the Developer and the Project, fairly and
accurately represents such financial condition in all material respects as of the
date such financial information was prepared. No material adverse change in
such financial condition has occurred as of the date of this Agreement from that
disclosed in such financial information.
(111) Proceedings. To the best of the Developer's knowledge, the
Developer is not in violation of any statute, law, regulation or ordinance, or of any
order of any court or governmental entity the effect of which would prohibit the
Developer from performing its obligations hereunder with respect to the Project.
0) Formation and Organization Documents. The Developer has
delivered to the Agency all formation and organizational documents of the
11087-0001\741577v7.doe - 27 -
Developer, and all such formation and organizational documents remain in full
force and effect and have not been amended or modified since they were
delivered to the Agency, except as may be delivered to the Agency from time to
time in writing. The Developer shall immediately provide the Agency with
copies of any amendments or modifications of its formation or organizational
documents.
(i) Accuracy. To the best of the Developer's knowledge, all
documents, reports, instruments, papers, data, information and forms of evidence
delivered to the Agency by the Developer with respect to this Agreement and all
agreements executed by the Developer pursuant hereto are accurate and correct in
all material respects, and do not contain any material misrepresentation or
omission by the Developer. The Agency may rely on such reports, documents,
instruments, papers, data, information and forms of evidence without any
investigation or inquiry.
0 j Condition and Investigation of Property. Developer will conduct
its own clue diligence regarding the Property as provided for in this Agreement,
and Developer acknowledges that Developer is purchasing the Property in
reliance on Developer's own due diligence and investigation and understands that
Agency has made no representations and warranties expressly set forth in this
Agreement, and no representations or warranties express or implied, have been
made by Agency or by Agency's agents. Developer further acknowledges that
the Property shall be accepted by Developer "AS IS, WHERE IS, WITH ALL
FAULTS", without representation or warranty and with no right of setoff or
reduction in the applicable purchase price. Developer is experienced in the
purchase of commercial pieces of real property, and Developer has the ability
either itself or with the advice of its agents to evaluate the risks associated with
the purchase of the Property and at the time of the closing, Developer shall have
had adequate time to properly and completely review and analyze the condition of
the Property to the extent it deems necessary or appropriate.
Section 8.6.2 Agency's Representations and Warranties.
(a) Authority. This Agreement has been duly authorized by the
Agency.
(b) No Violation of Law or Contracts. The Agency's execution of this
Agreement will not violate any Governmental Requirements applicable to Agency
or any contracts to which Agency is a party.
Section 8.7 Release for Condition of Property. Developer hereby releases Agency, its
affiliates, successors and assigns from any an all claims, liabilities, costs, or damages that
Developer or any third party may suffer arising from the condition of the Property whether
caused by Agency or any predecessor in interest of Agency, or otherwise and whether or not
known to Developer. :Developer hereby assumes full responsibility for any injuries, damages,
losses or liabilities that may hereafter occur with respect to the Released Matters, whether known
11087-0001\741577y T.doc - 28 -
or unknown. With respect to the Released Matters, Developer further acknowledges it has had
full advice of legal counsel of Developer's choice and has read and considered the provisions of
California Civil Code section 1542, which reads as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
DEBTOR."
Developer's Initials:
Developer hereby expressly waives and relinquishes any right or benefit which Developer has or
may have under California Civil Code section 1542 as it relates to the Released Matters, and in
this connection Developer acknowledges and hereby expressly agrees this Agreement shall
extend to all unknown, unsuspected and unanticipated claims or damages, as well as those which
are now disclosed, with respect to the Released Matters.
Section 8.8 Warranty Against Payment of Consideration for Agreement The
Developer warrants that it has not paid or given, and will not pay or give, to any third person,
any money or other consideration for obtaining this Agreement, other than normal costs of
conducting business and costs of professional services such as architects, engineers and
attorneys.
Section 8.9 Release of Agency and City Officials. No member, official, agent,
employee, or attorney of the Agency or the City shall be personally liable to the Developer, or
any successor in interest of the Developer, in the event of any default or breach by the Agency or
the City or for any amount which may become due to the Developer or its successors, or on any
obligations under the terms of this Agreement. The Developer hereby waives and releases any
claim it may have perscnally against the members, officials, agents, employees, consultants, or
attorneys of the Agency or the City with respect to any default or breach by the Agency or the
City or for any amount which may become due to the Developer or its successors, or on any
obligations under the terms of this Agreement. The Developer makes such release with full
knowledge of Civil Code Section 1542, and hereby waives any and all rights thereunder to the
extent of this release, if such Section 1542 is applicable. California Civil Code Section 1542
provides as follows:
"A GENERAL :RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
Developer's Initials:
Section 8.10 Project Compliance. The Developer agrees that the Project shall be
completed in substantial compliance i.e. full compliance except for minor defects and
incomplete items which do not, individually or in the aggregate, materially and adversely affect
1]087-0001v41577v7.doc - 29 -
the value or use of the Project) with all plans and specifications approved pursuant to this
Agreement, including bust not limited to the Scope of Development, and that the Project will
comply with all applicable Governmental Requirements and covenants, conditions, restrictions
and easements of record. Inspection by the City or the Agency of the Project thereon is for the
sole purpose of protecting the Agency and the City and is not to be construed as an
acknowledgment, acceptance or representation by the Agency or the City that there has been
compliance with any plans approved pursuant to this Agreement, or that the Project will be free
of faulty materials or workmanship. Any mortgagee or beneficiary of any encumbrance on the
Property shall make such other independent inspections as permitted by this Agreement and as it
deems necessary for its own protection, and nothing contained herein shall be construed as
requiring the Agency or the City to construct or supervise construction of the Project or any
public improvements.
Section 8.11 Attorneys' Fees If any Parry brings an action to enforce the terms hereof
or declare its rights hereunder, the prevailing Party in any such action shall be entitled to its
reasonable attorneys' fees to be paid by the losing Party as fixed by the court. If the Agency or
the City, without fault, is made a party to any litigation instituted by or against the Developer,
then the Developer shall. defend the Agency and the City against and save the Agency and the
City harmless from all costs and expenses including attorney's fees incurred in connection with
such litigation.
Section 8.12 City as Third Party Beneficiary. The City is deemed to be a third parry
beneficiary of all provisions hereof wherein the City is specifically identified as having rights
hereunder.
Section 8.13 Venue. In the event of any litigation hereunder, all such actions shall be
instituted in the Superior Court of the County of Riverside, State of California, or in an
appropriate municipal court in the County of Riverside, State of California or an appropriate
District Court in the Southern District of California.
Section 8.14 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
Section 8.15 Successors and Assigns. Developer may not assign this Agreement
without the consent of Agency, which will not be unreasonably withheld with respect to partial
assignments of this Agreement with respect to one or more Subphases to entities at least twenty
percent (20%) of whose ownership interests are owned by A.G. Kading and/or trusts for the
benefit of his family (provided he is a trustee) and which entities must be controlled by A.G.
Kading (provided, however, that if A. G. Kading dies or is incapacitated such that he is no longer
in "control" of the Developer, the Developer may replace him with another reputable manager
for the Developer who has significant experience in developing Projects similar to the Project
and who is otherwise reasonably acceptable to Agency), and provided that neither Developer nor
any assignee of Developer is in default under this Agreement and provided, further, that at least
five (5) business days prior to the effective date of the applicable assignment, the Developer
delivers to Agency both a written assumption of this DDA with respect to the applicable
subphase(s) duly executed by the assignee and effective as of the date of the assignments and the
organizational documents of the assignee entity (including a good standing certificate). In no
11087-0001\741577v7.doc - 30 -
event will any such assilpment be effective unless the assignee entity actually acquires title to
the applicable Subphase and in no event shall any assignment release Developer from any of its
liabilities or obligations hereunder. Subject to the foregoing (and any other restrictions on
transfers set forth in this .Agreement), the provisions hereof shall be binding upon, and shall inure
to the benefit of, the Agency and the Developer and their successors and assigns.
Section 8.16 No Joint Venture. Nothing contained herein shall be construed to render
the Agency in any way or for any purpose a partner, joint venturer, or associated in any
relationship with the Developer, nor shall this Agreement be construed to authorize either party
to act as agent for the other.
Section 8.17 Records. In addition to its rights under Section 4.5 above, the Agency or
any representative or designee thereof may at any time during normal business hours, upon
reasonable prior notice, examine the books and records of the Developer, or of any officer,
employee, agent, contractor, affiliate, related person, assignee or franchisee, to the extent that
such books and records relate, directly or indirectly, to the acquisition, development and
operation of the Project. The Developer shall keep the originals or true and correct copies, at the
Developer's choice, of all such records at its address for notices described in Section 8.5 above,
or at another location in Riverside County, California reasonably approved by the Agency.
Section 8.18 Waiver The waiver by the Agency or the Developer of any breach by the
other party of any term, covenant, or condition herein contained shall not be deemed to be a
waiver of such term, covenant, or condition or any subsequent breach of the same or any other
term, covenant, or condition herein contained. Either parry's acceptance of any performance by
the other party after the due date of such performance shall not be deemed to be a waiver by
either party of any preceding breach by the other party of any term, covenant, or condition of this
Agreement, regardless of such party's knowledge of such preceding breach at the time of
acceptance of such performance.
Section 8.19 Force Maieum Extension of Times of Performance. Delay in
performance by any party hereunder shall not constitute an Event of Default where the delay is
due to war; insurrection; strikes; other labor disputes; lock -outs; riots; floods; earthquakes; fires;
casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight
embargoes; shortages of transportation or materials; unusually severe weather; acts of civil
disobedience; delays affirmatively imposed by any governmental authority or any court of
competent jurisdiction provided that the delay is not based on any violation of law or breach of
this Agreement by Developer or its permitted assignees or by Developer's (or any such
assignee's) failure to comply with the regulations, orders or requirements of such governmental
authority or court; or any other causes (other than Developer's or its lender's financial inability)
beyond the reasonable control and without the fault of the party claiming an extension of time to
perform (collectively, "Force Majeure "). The current condition of the Property, which is
subject to inspection by Developer under Section 3.12, shall not constitute, or be the basis for,
any Force Majeure Delay (Developer's rights being limited to termination of this Agreement
under Section 3.12). An extension of time for any such cause shall only be for the period of
the delay, which period shall commence to run from the time of the commencement of the
cause, and shall only extend time for performance if written notice by the party claiming
11087-0001\741577v7.doc - 31 -
such extension is delivered to the other party within fifteen (15) days after commencement
of the cause.
Section 8.20 Entire Agreement Waivers and Amendments This Agreement, together
with all attachments and exhibits hereto and all documents to be executed and delivered pursuant
to this Agreement, constitutes the entire understanding and agreement of the Parties hereto. This
Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and
supersedes all negotiations or previous agreements between the parties with respect to all or any
part of the subject matter hereof. Any waiver, amendment, or modification of any provision of
this Agreement must be i a writing and signed by both parties.
Section 8.21 Execution in Counterparts. This Agreement may be executed in two or
more counterparts, each of which shall be an original, but all of which shall constitute one and
the same instrument.
Section 8.22 Severability Each and every provision of this Agreement is, and shall be
construed to be, a separate and independent covenant and agreement. If any term or provision of
this Agreement or the application thereof shall to any extent be held to be invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provision to
circumstances other than those to which it is invalid or unenforceable, shall not be affected
hereby, and each term anal provision of this Agreement shall be valid and shall be enforced to the
extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year first above written.
Agency: Developer:
TEMECULA REDEVELOPMENT AGENCY, AGK GROUP, LLC,
a public body, corporate and politic a California limited liability company
By:!
Name: Name: Title: Title:-
Attest:
Approved as to Form:
Bruce Galloway
for Richards, Watson & Gershon,
a professional corporation,
Counsel to the Temecula
By:_
Name:
Title:
By:_
Name:
Title:
11087-0001\7415770.doc - 32 -
Redevelopment Agency
11087-0001\741577v7.doc - 33 -
List of Exhibits
Exhibit "A"
Legal Description of Property
Exhibit "B"
Scope of Development
Exhibit "C"
Form of Grant Deed
Exhibit "D"
Schedule of Performance
Exhibit "E"
Form of Memorandum of DDA
Exhibit "F"
Schedule of Purchase Prices
Exhibit "G"
Form of Certificate of Completion
11087-0001\741577v7.doc
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY AND SUBP14ASES
(Attached.)
11087-0001\741577v7.doe A-1
EXHIBIT `B"
SCOPE OF DEVELOPMENT
NOTE: Within 10 calendar months after the Close of Escrow for Subphases 1A, I and 1 D, the
Developer will install all offsite improvements and complete all mass grading (over -excavation
and recompaction) for thi; entire Project (Phases 1 and 2, including all subphases), and Agency
and Developer will execute a license agreement acceptable to Agency in order to give Developer
any necessary access to any subphases not yet owned by Developer (collectively the
"Preliminary Site Development Work").
PHASE 1— The Primary Improvements (18.32 Acres)
Phase I (Mixed --Income Apartments, including the Units)
8.82 Acres
273 Units
430 parking spaces (88 garage spaces; 347 surface spaces)
Phase 1B (Campus)
1.40 Acres
East and core educational towers totaling 69,600 SF (57,600 SF for the East
Tower (Building 4); plus 12,000 SF (Building 3))
Phase I (Retailj
• 2.79 Acres
• 14,500 SF of retail space (Building 8)
• 82 parking spaces (PIA)
Phase 1D (Parking)
• 5.31 Acres
• 499 parking spaces (P4A)
• 115 parking spaces (P5)
PHASE 2 — The Secondary Improvements (12.78 Acres)
Phase 2A (R&D Multi -tenant Building)
4.30 Acres
16,000 SF (Building 12)
288 park'mg spaces (P4B)
Phase 2B (Day Care)
1.79 Acres
10,000 SF (Building 6)
50 parking spaces (P2)
11087-0001\7415770.doc B-1
Phase 2C & 2D (Amphitheater)
• 2.61 Acres
1,200 SF (.Building 5)
• 128 parking spaces (P1B)
• Phase 2E (Retail)
0.91 Acres
12,000 SF (Building 7)
• 21 parking, spaces for Service and Employee Parking (P3)
• Phase 2F (Retail/Loft Units)
1.38 Acres
• 20,000 SF of retail space (Buildings 9/10)
• Two-story loft units above retail (12 Units)
• 17 garages for lofts
26 parking; spaces (PIC)
• Phase 2G (West Education Tower)
• .55 Acres
57,600 SF (Building 2)
• No Parking
Phase 2H (Conference Center)
• 1.24 Acres
• 23,000 SF (Building 1)
No Parking
The Phases and buildings shall be located as depicted on the Site Plan that Developer has
previously delivered to )kgency.
11087-0001\7415770.doc B-2
EXHIBIT "C"
FORM OF GRANT DEED
RECORDING REQUESTED BY, AND
WHEN RECORDED RETURN TO
AND MAIL TAX STATEMENTS TO:
California
Attn:
[Space Above For Recorder's Use Only]
Grantor declares that this Grant Deed is exempt from Recording Fees pursuant to California
Government Code Sections 6103 and 27383. Documentary Transfer Tax is $ computed
on the full value of the property conveyed.
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body corporate and
politic ("Grantor"), hereby GRANTS to ("Grantee"), that certain real
property located in the City of Temecula, County of Riverside, State of California, more
particularly described on Exhibit A attached hereto and incorporated herein by this reference (the
"Property"); provided, however, that if Certificates of Occupancy for the improvements on the
Property required by that certain Disposition and Development Agreement dated 2004
between Grantee and Grantor are not issued on or before the date that is [SUBPHASES 1A, IB,
1C AND ID: thirty (34)] [SUBPHASES 2A — 2H:twenty-four (24)] calendar months after the
date hereof, then the ]Property and all improvements thereon shall automatically revert to
Grantor, and in addition, Grantee hereby assigns to Grantor all of its right, title and interest in,
under and to any leases affecting the Property (or any existing or future improvements thereon)
heretofore on hereafter executed by Grantee that have been approved in writing by Grantor, such
assignment to be effective as of the date (if any) on which Grantor acquires title to the Property
by virtue of the foregoing reversion.
SUBJECT TO, a lien to secure payment of general and special real property taxes and
assessments, not delinquent; the lien of supplemental taxes assessed pursuant to Chapter 3.5
commencing with California Revenue and Taxation Code Section 75; and
11087-0001\7415770.doc C-1
FURTHER SUBJECT TO, any and all existing building and use restrictions, easements,
licenses, rights -of -way, conditions, covenants, restrictions, reservations, liens, encumbrances,
exceptions and other matters of record; and
FURTHER SUBJECT TO, all matters apparent from an inspection of the Property or
which a current, accurate survey of the Property would disclose (including encroachments,
overlaps, boundary line disputes, drains, streams or watercourses).
BY ACCEPTANCE HEREOF, Grantee covenants, for itself and its successors and
assigns, to refrain from restricting the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the Property on the basis of race, color, creed, religion, ancestry, sex, marital
status, national origin or age of any person, nor shall Grantee establish or permit any such
practice or practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Property.
All deeds, leases or contracts entered into with respect to the Property shall contain or be subject
to substantially the following nondiscrimination/nonsegregation clauses:
IN DEEDS: "The grantee herein covenants by and for himself or herself,
his or her heirs, executors, administrators and assigns, and all persons claiming
under or through them, that there shall be no discrimination against or segregation
of, any person or group of persons on account of race, color, creed, religion,
national origin, sex, marital status, age or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor
shall the grantee himself or herself, or any person claiming under or through him
or her, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed.
The foregoing covenants shall run with the land."
IN LEASES: "The lessee herein covenants by and for himself or herself,
his or her heirs, executors, administrators and assigns, and all persons claiming
under or through him or her, and this lease is made and accepted upon and subject
to the following conditions: That there be no discrimination against or
segregation of any person or group of persons, on account of age, race, color,
creed, religion, sex, marital status, national origin, or ancestry, in the leasing,
subleasing, transferring, use or occupancy, tenure or enjoyment of the land herein
leased nor shall the lessee himself or herself, or any person claiming under or
through him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number,
use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land
herein leased."
IN CONTRACTS: "There shall be no discrimination against or
segregation of, any person, or group of persons on account of race, color, creed,
religion, age, national origin, sex, marital status or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the
transferee himself or herself or any person claiming under or through him or her,
I los7-0001\7a1577v7.doc C-2
establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees of the land."
All covenants contained in this Grant Deed shall run with the land for the benefit of, and
shall only be enforceable by, Grantor and its successors and assigns, without regard to whether
Grantor is or remains an owner of any land or interest therein to which such covenants relate. In
the event of a breach of any covenant contained in this Grant Deed, Grantor shall have the right
to exercise any right or remedy provided herein or otherwise available at law or in equity, to
enforce the curing of such breach.
IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date
set forth below.
Dated as of: _, 200_.
GRANTOR:
ATTEST:
Approved As To Form:
Bruce Galloway, for
Richards Watson & Gershon,
a professional corporation,
Counsel to the Redevelopment
Agency of the City of Temecula
REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA, a public body, corporate and politic
11087-0001\741577v7.doc C-3
EXHIBIT A TO GRANT DEED
LEGAL DESCRIPTION
THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE,
CITY OF TEMECULA, DESCRIBED AS FOLLOWS:
11087-0001\741577vzdoe C-4
STATE OF CALIFORNIA
COUNTY OF
On __, 200_, before me,
a Notary Public in and for the State of California, personally appeared
personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for the State of California
(SEAL)
STATE OF CALIFORN[A
COUNTY OF
On _, 200 1 before me,
a Notary Public in and for the State of California, personally appeared
personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for the State of California
(SEAL)
11087-0001\741597v7.doc
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
The Developer agrees to comply with the deadlines with regard to the Project that
are set forth below.
Close of Escrow for
16 months after date of
Phases IA, 1B and 1D
Agreement, subject to
one conditional 12
month extension
Completion of
10 months after close
Preliminary Site
of Escrow for
Development Work for
Subphases IA, I and
entire Property
1D
Issuance of Certificate
30 months after close
of Occupancy (or
of Escrow for
equivalent) for the
Subphases IA, 1B 1D
Project Improvements
for each of Phases I A,
1B and 1D
Close of Escrow for
Four years and four
Subphases 1 C and 2A
months after date of
through 2H
Agreement, subject to
the one conditional
twelve month extension
Issuance of Certificate
24 Months after the
of Occupancy (or
close of Escrow for the
Equivalent) for Project
applicable Subphase
Improvements for Each
of Subphases I and
2A through 211
11087-0001\7415770.doc D-1
EXHIBIT "E"
FORM OF MEMORANDUM OF DDA
Recording Requested By
and when recorded return to:
Redevelopment Agency cf
the City of Temecula
Post Office Box 9033
Temecula, California 92589-9033
Attention: City Clerk
Exempt from recording fees pursuant to Government Code Sec. 6103
MEMORANDUM OF DISPOSITION
AND DEVELOPMENT AGREEMENT
THIS MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT
(this "Memorandum") is dated as of 2004, and is entered into between the
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA (also known as the City of
Temecula Redevelopment Agency), a public body corporate and politic (the "Agency") and
(the "Developer").
Recitals
A. Agency and Developer entered into a Disposition and Development Agreement
dated , 2003, pursuant to which Agency conveyed to Developer the property
more described in Exhibit "A" attached hereto and incorporated herein by reference (the
"Property„).
B. The Disposition and Development Agreement, as amended, is hereinafter referred
to as the "DDA."
C. The DDA, contains provisions which specify and restrict the development and use
of the Property and impose certain obligations on Developer with respect to the development and
use of the Property.
D. Agency and Developer desire to execute this Memorandum to provide
constructive notice to all third parties of the DDA.
NOW, THEREFORE, Agency and Developer mutually agree as follows:
1. DDA. The terms of the DDA are incorporated herein by reference.
11087-0001\741 577v7.doe E-1
2. Assignment. Except as expressly provided in the unrecorded DDA to the contrary,
neither the Property nor Developer's rights and obligations under the DDA shall be transferred,
assigned or conveyed without Agency's prior written consent, which consent may be granted or
withheld in Agency's sole; and absolute discretion.
3. Successors and Assi ns. Subject to Section 2 above, this Memorandum and the DDA
shall bind and inure to the benefit of the parties hereto and their respective heirs, successors, and
assigns.
4. Governing Law. This Memorandum is governed by California law.
5. Execution in Counterparts. This Memorandum may be executed in two or more
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument.
IN WITNESS WHEREOF, the undersigned have executed this Memorandum at
Temecula, California, as of the date first written above.
Developer: Agency:
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA, a public body,
corporate and politic
im
100MM
Title:
Name:
Attest:
Secretary
APPROVED AS TO FORM:
11087-000 1 \7415 77v7.doc E-2
Assistant Agency Counsel
11os7-0001\741577v7.doe E-3
Exhibit "A" to Memorandum of DDA
Legal Description
THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE,
CITY OF TEMECULA, DESCRIBED AS FOLLOWS:
(See the attached legal description.)
1 ios7-000iv4is77vzdoc E-4
State of California
County of Riverside
On _ _, 2004, before me, a Notary Public,
personally appeared _ personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(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.
Signature
(seal)
State of California
County of Riverside
On _ _, 2004, before me, , a Notary Public,
personally appeared _ personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(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.
Signature
(seal)
11087-0001\741577v7.doc
State of California
County of Riverside
On _ 2004, before me, a Notary Public,
personally appeared _ personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(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.
WiINESS my hand and official seal.
Signature
(seal)
State of California
County of Riverside
On _ 2004, before me, , a Notary Public,
personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(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.
WITWESS my hand and official seal.
Signature
(seal)
11087-000 1\741577v7. doc
EXHIBIT."F"
SCHEDULE OF PURCHASE PRICES
Phase Purchase Price
IA
$1,078,000.00
1B
$171,300.00
1C
$341,300.00
1D
$649,200.00
2A
$525,200.00
2B
$218,900.00
2C
$261,600.00
2D
$57,600.00
2E
$110,900.00
2F
$168,500.00
2G
$66,800.00
2H
$151,800.00
11087-0001\741577v7.doc F-I
EXHIBIT "G"
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Temecula Redevelopment Agency
43200 Business Park Drive
Temecula, California 92589-9033
Attn: Executive Director
CERTIFICATE OF COMPLETION
The Temecula Redevelopment Agency, hereby certifies as follows:
Section 1. Subphase(s) required to be constructed in accordance with that
certain Disposition Development Agreement (the "Agreement") dated as of
2004, by and between the Temecula Redevelopment Agency (the "Agency") and
(the "Developer") has/have been satisfactorily completed in
accordance with the provisions of said Agreement.
Section 2. This Certificate of Completion shall constitute a conclusive determination of
satisfaction of the agreerrients and covenants contained in the Agreement with respect to the
obligations of the Developer, and its successors and assigns, to construct and develop
Subphase(s) in accordance therewith; except that this Certificate of Completion shall
not constitute evidence of compliance with or satisfaction of the Developer's covenant to operate
and maintain the Project as provided in the Agreement.
Section 3. This Certificate of Completion shall not constitute evidence of compliance
with or satisfaction of any obligation of the Developer to any holder of a mortgage or any insurer
of a mortgage, securing money loaned to finance the Project or any part thereof.
Section 4. This Certificate is not a Notice of Completion as referred to in California Civil
Code Section 3093.
Section 5. Except as stated herein, nothing contained in this instrument shall modify in
any way any other provisions of the Agreement or any other provisions of the documents
incorporated herein.
Section 6. The real property to which this Certificate of Completion pertains is that
certain land located in the City of Temecula, County of Riverside, State of California, more
particularly described as:
Assessor's Parcel Number(s):
11087-0001 V41577v7.doc G-1
IN WITNESS THEREOF the Agency has executed this Certificate of Completion this
day of 200_.
TEMECULA REDEVELOPMENT AGENCY
Executive Director
Attest:
go
11087-0001\7415770.doc G-2
uec le ua ui:eap dent H. unriscenspn ii4 you 0041 p.c
BENT A. CHRISTENSEN
419 Main Strect N PMB 146 • Hunlington Beach • (Ulifomia 92W . (714) 960 - 4107 • Fax (714) 960 - 0941
pecemter 12, 2003
A.G. Kading
Managing Partner
AGK Group, LLC
35411 Paseo Viento
Capistrano Beach, CA 92624 VIA FAX
Re. Temecula Education Complex
Dear Agee:
I have read the Disposition and Development Agreement with the Redevelopment Agency of the
City of Temecula in regard to the Temecula Education Complex and request that you sign such
agreement on behalf of the AGK Group, LLC 4'17d that you f imish the necessary funds to bind this
agreement.
Best regards,
Sent A. Christensen, Partner
7'
4
m
Z
m
n
c
r
D
m
v
c
n
z
0
0
Z
r
m
x
00,
0
m
m
n 3
0
00 N0000
=mmm\
0 0 0 0 0 0 0 0 m p n m D �L Z
o u o v w
NyA ^� m<F n0 «o nm'nW
pAQ mpA .r -z Z n 'R nK vp
'-`� may �
'nnas CD n 8'an�S 'n annm� F
x DaA m0 '^ env "n,R D:m.:9� o Z
cmi a2 nx RO x on
wp rY oPg m
+ O O J P W N +
0�°N< oSS pu�s➢xyA azCA 4napspF 'na A uwN^A EOn'nZ O ➢im OOSp���nG�Sm0NTAA n��a'm6^ ncz Q�F00
NMIra RM ! p8p4m
^O
OpSnm^
0
� D ^0 n4
p pop
CIO A�A5°n0 T
WZ
OpOO �pi� n aA
KEYSER MARSTON ASSOCIATES I N C.
ADVISORSIN
1660 HOTEL CIRCLE NORTH, SUITE 716
SAN DIEGO, CALIFORNIA 92108
REAL ESTATE
PHONE: 619/718-9500
REDEVELOPMENT
FAX: 619/718-9508
AFFORDABLE HOUSING
WWW.KEYSERMARSTON.COM
ECONOMIC DEVELOPMENT
SAN DIEGO
MEMORANDUM
Gerald M. Trimble
Paul C. Marra
To: Mr. John Meyer, AICP, Redevelopment Director
LOSANGELES
Calvin E. Hollis, 11
City of Temecula
Kathleen H. Head
James A. Rabe
Paul C. Anderson
From: KEYSI=R MARSTON ASSOCIATES, INC.
Gregory D. Soo-Hoo
SAN FRANCISCO
Date: March 1, 2004
A. Jerry Keyser
Timothy C. Kelly
Kate Earle Funk
Debbie M. Kern
Subject: Temecula Education Facility — Estimate of Re -use
Robert J. Wetmore
Value
A. Introduction
Keyser Marston Associates, Inc. (KMA) has been requested to review the proposed real
property sale transaction between the Temecula Redevelopment Agency (Agency) and AGK
Group, LLC (Developer). The proposed transaction is detailed in the Disposition and
Development Agreement (DDA) under review as of December 12, 2003. Under the terms of
the proposed DDA, the Agency will convey an approximate 31.0-acre site (Site) at Dandy
Parkway and Diaz Road to the Developer. The Developer intends to develop and operate an
educational facility and mixed -income apartment complex (Project) on the Site.
B. Summary of Findings
KMA's principal conclusions are summarized as follows:
Phase 1A—
Campus Facility —
Garden Apartments
Excluding Phase 1A
Total Site
(8.82 Acres)
(22.28 Acres)
(31.10 Acres)
Fair Re -use Value
($2,835,000)
$2,486,000
($349,000)
Compensation to Agency
($2,722,000)
$2,722,000
$0
Fair Market Value at
Highest and Best Use
N/A
N/A
$0
CELEBRAJTNG 30 YEARS OF SERVICE TO OUR CLIENTS
04339mm
19545.015.001
To: Mr. John Meyer, AICP, Redevelopment Director March 1, 2004
Subject: Temecula Education Facility — Estimate of Re -use Value Page 2
C. Background
The Riverside Count�f Board of Supervisors adopted Redevelopment Project No. 1-1988 in
July 1988. The Project Area includes approximately 1,635 acres of land within four sub -areas.
The Site is located Outside, and directly adjacent to, the Project Area. Diaz Road forms the
boundary between the Site and the Project Area. The Agency acquired the Site in April 1992
for the purpose of del/eloping affordable housing.
Community Overview
The City of Temecula, similar to nearby surrounding cities and communities, represents an
overflow phenomenon from growth patterns experienced in the nearby counties of San Diego,
Orange, and Los Angeles. Many new residents have moved to Temecula and Murrieta over
the past decade due to relatively low housing prices as compared to the surrounding counties.
These new residents have generally preferred larger affordable homes typically in trade for a
longer commute. In response to the influx of new residents, commercial and industrial growth
has occurred as the City of Temecula and nearby communities experience an increase in their
labor force and employment base.
Proposed Develooment and Surrounding Environs
The Agency proposes to convey the Site to the Developer for the establishment of an
educational facility and mixed -income apartment complex. The Site is located at the northwest
corner of Diaz Road and Dandy Parkway. The Site is currently vacant, unimproved, located in
a flood plain adjacent to Murrieta Creek, and has most recently been used for interim
recreational uses. The Site abuts the City of Murrieta boundary on its northern side (Cherry
Street). The surrounding area is characterized by business park uses and vacant land. Major
users of the industrial park consist of Milgard Windows and Scott's Company.
The Project will be developed in two phases, consisting of the following:
Phase 1
Phase 1A
273 Mixed -Income Apartments
Phase 1 B
69,600 SF East and Core Educational Towers
Phase 1C
14,500 SF Retail Building
Phase 1 D
614 Parking Spaces
CELEBR HNG30 YEA16OFSERVICE TO OUR CGEMMS
04339mm
19545.015.001
To: Mr. John Meyer, AICP, Redevelopment Director
Subject: Temecula Education Facility — Estimate of Re -use Value
March 1, 2004
Page 3
Phase 2
Phase 2A
16,000 SF R&D Building
Phase 2B
10,000 SF Day Care Center
Phase 2C & 2D
Amphitheater
Phase 2E
12,000 SF Retail Building
Phase 2F
12 Lofts over 20,000 SF Retail Building
Phase 2G
57,600 SF West Educational Tower
Phase 2H
23,000 SF Conference Center
(1) The 614 spaces in Phase 1 D are dedicated to the educational and conference center buildings. Each of the other
subphases contains its own parking; 512 spaces for Phase 1 and 530 spaces for Phase 2.
The proposed site plan envisions a mixed -use, mixed -income development, with two five -story
multi -institutional educational buildings at the core. Specifically, the proposed tenant of the
first classroom building is California State University, San Marcos. The 273-unit apartment
project will include 50 units affordable to households at very -low income levels for a period of
55 years.
D. Proposed Transaction Terms
This section summarizes the salient aspects of the proposed business terms contained in the
proposed DDA.
Purchase Price and Agency Assistance
• The Agency will sell the Site to the Developer, and the Developer agrees to purchase the
Site, in two phases. The Developer will close on and purchase all subphases of Phase 1
concurrently, with the exception of Phase 1 C, and may close on and purchase all or any of
the subphases of Phase 2 concurrently with the purchase of Phase 1. The Developer may
not purchase any subphase of Phase 2 unless it has purchased Phase 1.
• The Developer agrees that it will purchase the Site in an "as -is" condition for the following
purchase prices:
• Phase 1Afor; 1,078,000;
• Phases 1B, 1C, and 1D fora total of$1,161,800; and
• Phases 2A through 2H for a total of $1,561,300.
CELEBRA77NG 30 YE4Rs oFSERvicE To OuR MEN7s
04339mm
19545.015.001
To: Mr. John Meyer, AICP, Redevelopment Director March 1, 2004
Subject: Temecula Education Facility— Estimate of Re -use Value Page 4
• The Agency will make forgivable loans to the Developer totaling $3,800,300 for the
purposes of financing the purchase price of Phase 1A ($1,078,000) and a portion of the
cost of constructing the low-income housing units ($2,722,300) on Phase 1A.
Net
Agency Loans to
Compensation
Developer
from
Phase
Land Price
(Forgivable)
Developer
Phase 1A— Garden Apartments
$1,078,000
($3,800,300)
($2,722,300)
Phases 1B, 1C, 1D
$1,160,700
$0
$1,160,700
Subtotal, Phase 1
$2,238,700
($3,800,300)
($1,561,600)
Phase 2
$1,561,300
$0
$1,561,300
Total (Rounded)
$3,800,000
($3,800,300)
$0
Schedule for Conveyance and Developer Deposits
• The Developer will provide a $100,000 deposit (initial deposit) concurrent with execution
and delivery of the DDA.
• The date of the close of escrow for Phases 1A, 1113, and 1 D is scheduled to be no later than
16 months after execution of the DDA.
• If the close of escrow for Phases IC and 2A through 2H has not occurred within 32 months
of execution of the DDA, the Developer will deliver to the Agency an additional $100,000
deposit.
• The timeframes for the close of escrow maybe extended by one year under the following
circumstances: Planning Commission has approved the development plan for the project;
the Developer has submitted for Plan Check comprehensive plans for Phases 1A, 1 B, and
1 D; and the Developer increases the amount of the deposit by $100,000.
• The Agency may apply the deposits toward expenses incurred by the Agency in
connection with the transaction and DDA.
CELEBRATING 30 YEARS OFSERVICE TO OUR CLIENTS
04339mm
19545.015.001
To: Mr. John Meyer, AICP, Redevelopment Director March 1, 2004
Subject: Temecula Education Facility — Estimate of Re -use Value Page 5
• Upon the close o1escrow for Phases 1 C and ID, 50% of the then-unapplied portion of the
deposit held by the Agency will be credited toward the purchase price for Phase 1 C and
the other 50% toward the purchase price for Phase 1 D.
Upon the close of escrow for Phases 2A through 2H, the then-unapplied portion of the
additional deposit held by the Agency will be credited toward the purchase price for the
applicable subphase provided that the amount to be applied does not exceed the pro -rated
amount of the deposit, allocated based on the respective acreage of each subphase.
General Reauiremenls
• The Developer agrees to construct the Project in accordance with the Scope of
Development, and to bear all costs associated with the Project, except for the portion of
the costs of Phase 1A to be financed through the Agency's forgivable loan.
• The Developer will complete the preliminary site development work for the entire Site
within 10 months after the close of escrow for Phases 1A, 1 B, and 1 D.
• Upon the Developer's failure to close any of Phases 2A through 2H, the Agency will pay to
Developer a share of the actual costs incurred by the Developer for the preliminary site
development worts: for each phase not acquired by the Developer, calculated on a pro rata
basis relative to the area of the applicable subphase.
• The Developer agrees that for a period of 20 years after completion of the core and
classroom buildings, Phases 1 B and 2G, that these buildings will be used solely for higher
educational purposes (which may include continuing education programs, accredited trade
school programs, and workforce education programs), and for no other purposes without
the prior, express Nriften consent of the Agency. However, if after 10 years following the
completion of Buildings 2, 3, and 4, if any lease of all or a portion of these buildings is
terminated, or the term expires, and the Developer provides to the Agency reasonable
evidence that efforts to lease the vacant space for higher education purposes has been
unsuccessful, then the Developer may lease the vacant space to a tenant reasonably
approved by the Agency.
• If the Developer fails to satisfy all the conditions and requirements to obtain a certificate of
occupancy or its equivalent for all Phase 1 subphases within 30 months after acquiring the
applicable subphase, or for all Phase 2 subphases within 24 months after acquiring the
applicable subphase, then the title to the applicable subphase, including all improvements,
will revert to the Agency.
CELEBRAYYNG30 YEA oFSE vicE 7'O OUR CGEN7S
04339mm
19545.015.001
To: Mr. John Meyer, AICP, Redevelopment Director March 1, 2004
Subject: Temecula Education Facility — Estimate of Re -use Value Page 6
• The Developer will not assign this DDA without consent of the Agency, which will not be
unreasonably withheld in respect to partial assignments of the DDA with respect to one or
more subphases to entities whose ownership interests are at least 20% owned by A.G.
Kading and/or trusts for the benefit of his family.
Conclusion
The Agency will convey the Site to the Developer for a purchase price of $3,800,000. The
Agency will provide assistance in the amount of $3,800,000. Therefore, KMA estimates that
the effective compensation to the Agency is $0.
E. Comparable Sales Approach to Re -use Value
Re -use value is defined as the highest price in terms of cash or its equivalent which a property
or development right is expected to bring for a specified use in a competitive open market,
subject to the covenants, conditions, and restrictions imposed by the DDA.
There are two fundamental approaches to establish re -use value. One approach is an
analysis based on the: sale of comparable properties or development rights. When
comparable transactions exist and when relatively few adjustments are required to adjust the
comparables to the subject, this approach can yield the most reliable indicator of value.
The Site is zoned Public Institutional, but under the provisions of the Temecula Municipal
Code, could incorporate a variety of residential and commercial uses. On this basis, then,
KMA reviewed comparable residential and commercial land sales in the City of Temecula and
southwestern Riverside County over the past year.
As shown in Table 1 of Appendix A, large tract residential land ranged from $0.56 per SF to
$7.39 per SF. The median price per SF was $2.38, and the average price was $2.99 per SF.
In addition, Table 2 oi: Appendix A outlines comparable commercial land sales over the same
period. These land sales ranged from $0.61 to $11.07 per SF. The median price per SF was
$2.44 per SF, and they average price was $3.46 per SF.
A review of comparable transactions suggests that they are of minimal relevance in
establishing fair re -use value for the Site due to the extensive adjustments that would be
required. The factors that would require adjustment in establishing comparability include:
• The proposed Project will be of a mixed -use variety;
• The Site is zoned Public Institutional;
CELEBRATING 30 YEERSOFSERVICETO OUR MEWS
04339mm
19545.015.001
To: Mr. John Meyer, AICP, Redevelopment Director March 1, 2004
Subject: Temecula Education Facility — Estimate of Re -use Value Page 7
The core buildings within the Project will be subject to a restrictive covenant for educational
purposes;
The apartment complex will include 50 units restricted to very low-income households for
55 years; and
The Site requires extraordinary on- and off -site improvements in preparation for
development.
Based on the foregoing, the comparable sales approach is not deemed relevant to this
analysis.
F. Residual Value Approach to Re -use Value
The second approach to determining re -use value is an analysis based on the anticipated
income characteristics for a specific project. The income approach, also termed the residual
value approach, is useful when due to the unique market setting, project characteristics, and
specific requirements of the Agency an approach based on comparable transactions is difficult
or unfeasible to implement.
With this approach, the residual value is established as the amount that a developer can
feasibly afford to pay for a property or development right, after taking into account the
development costs funded by the developer, the quantity and quality of the income stream
from the project, and a market -based return on invested capital.
Essentially, the formula for the residual approach is that the amount available for payment for
the site is equal to the capitalized value of the income stream less the costs funded by the
developer. In this approach the capitalization rate must accommodate both the market value
of the development at completion and the profit requirements of the development entity. KMA
solved for residual value based on the terms of the DDA, absent any contribution of Agency
subsidy. Appendices B and C presents KMA's residual value analysis for the proposed
Project.
Phase 1A — Garden Apartments
Development Costs
Table 2 of Appendix B summarizes development costs for the apartment component. KMA
reviewed the Developer's cost estimates and adjusted them in comparison to similar projects
CELEBRATLNG 30 YEARS OF SERVICE TO OUR CLIEMS
04339mm
19545.015.001
To: Mr. John Meyer, AICP, Redevelopment Director March 1, 2004
Subject: Temecula Education Facility — Estimate of Re -use Value Page 8
in Southern California with which we are familiar. Based on this review, KMA finds the cost
estimates, as described below, to be reasonable.
Total development costs for this component equal $28,859,000, or $126 per SF of GBA, which
equates to about $106,000 per dwelling unit. Total development costs consist of the following:
Direct construction costs, including site work, shell construction, amenities, FF&E, and
contingency. The total direct costs are estimated to be $18,907,000, or $82 per SF GBA.
This figure includes an allowance of $3,900,000 for on- and off -site improvements such as
raising the Site out of the flood plain, grading and soil compaction, perimeter street and
intersection improvements, surface parking, and landscaping.
Indirect costs, including architecture and engineering, public permits and fees, legal and
accounting, taxes and insurance, developer fee, marketing/lease-up, and contingency.
These costs are estimated to be $8,243,000, or 43.6% of direct costs.
Financing costs, including loan fees and interest during construction. These costs are
estimated to total $1,709,000, or 9.0% of direct costs.
Net Operating Income
KMA reviewed the Developer's income forecast in relation to similar projects with which KMA
is familiar, as well as a review of market rents in the City of Temecula. Based on this review,
KMA finds the income estimates, as described below, to be reasonable.
Table 3 of Appendix 13 presents an estimate of Net Operating Income (NOI) for the garden
apartments. As presented in the table, the revenue projection consists of the following key
assumptions:
Monthly maximum rents for the units restricted at 50% of Area Median Income (AMI) have
been set at $429 for the one -bedroom units and $469 for the two -bedroom units. These
rents are based on the AM for Riverside County for 2003, and reflect an allowance for
utilities as provided by the Housing Authority of the County of Riverside.
The remaining units will be rented at the prevailing market rate, estimated to range from
$785 per month for a one bedroom/one bath unit to $1,350 per month for a two
bedroom/two bath unit. Based on these assumptions, total rental income amounts to
$3,435,000 annually.
CELEBRATING 30 YEARS OF SERVICE TO OUR CLIENTS
04339mm
19545.015.001
To: Mr. John Meyer, AICP, Redevelopment Director March 1, 2004
Subject: Temecula Education Facility — Estimate of Re -use Value Page 9
• Additional income, inclusive of garage income and other sources, equates to an estimated
$195,000 per year.
KMA has assumed a vacancy factor of 5.0%.
• Total expenses have been estimated at approximately $4,500 per unit per year. These
consist of operating expenses, management fee, replacement reserves, and property
taxes.
Based on these assumptions, NOI for the proposed garden apartments at stabilization is
estimated at $2,212,000.
Residual Land Value
A target return on investment (ROI) of 8.5% has been assumed for the garden apartments.
This return is indicative of the level of risk associated with development of rental housing in the
current marketplace. Based on this ROI, the warranted private investment for the residential
component is estimated at $26,024,000.
Therefore, the difference between warranted investment and total development costs of
$28,859,000 represents a residual value attributable to the garden apartments of negative
$2,835,000, or $10,000 per unit.
Campus Facility— Excluding Phase 1A
The campus facility portion of the Project includes Phases 1 B, 1 C, and 1 D, as well as Phases
2A through 2H. The residual value analysis for the campus facility is divided into two portions
— the core educational buildings proposed to be built by the Developer, and the various ground
lease pads proposed for ancillary uses. The following sub -section focuses on the core
educational buildings, i.e., the core building (Phase 1 B, Building 3), the east classroom
building (Phase 1 B, Building 4), the west classroom building (Phase 2G, Building 2), and the
Phase 1 D parking area. The payment of State prevailing wages has been assumed for the
construction of the core and classroom buildings, due to the anticipated tenancy by public
agencies.
Development Costs
Table 2 of Appendix 1-1 summarizes development costs for the educational component. Total
development costs for the campus facility equal $25,299,000, or $179 per SF of GBA. Total
development costs consist of the following:
CELEBRAHAIG 30 YEARS OF SERVICE TO OUR CLIENTS
04339mm
19545.015.001
To: Mr. John Meyer, AICP, Redevelopment Director March 1, 2004
Subject: Temecula Education Facility — Estimate of Re -use Value Page 10
• Direct construction costs, including site work, parking, landscaping, shell construction,
FF&E, tenant improvements, and contingency. The total direct costs are estimated to be
$17,826,000, or $126 per SF GBA.
• Indirect costs, including architecture and engineering, public permits and fees, legal and
accounting, taxes, and insurance, developer fee, marketing/lease-up, and contingency.
These costs are estimated to be $5,486,000, or 30.8% of direct costs.
Financing costs, including loan fees, interest during construction, and interest during lease -
up. These costs are estimated to total $1,987,000, or 11.1% of direct costs.
Net Operating Income
Table 3 of Appendix presents Ki estimate of NOI for the campus facility. As presented
in the table, the revenue projection includes the following key assumptions:
• KMA surveyed office rents for the City of Temecula to determine the level of market rent
obtainable for the core and classroom buildings. KMA translated the rents to triple net
(NNN) rents to be consistent with the rent structure under negotiation between the
Developer and California State University San Marcos. Generally, monthly rental rates
range from $1.05 to $1.80 per SF NNN. Based on this survey, KMA projects a monthly
rent of $1.50 per SF NNN for the large blocks of space proposed on the subject Site. After
a 5.0% vacancy allowance is applied, the Effective Gross Income (EGI) for the core and
classroom buildings is estimated to be $2,350,000.
• KMA conducted a separate survey of retail rents to determine the prevailing market rent for
retail space in Temecula. Based on this survey, a monthly rental rate of $1.50 per SF NNN
has been assigned to the retail building. After a 5.0% vacancy allowance is applied, the
EGI for the retail building is estimated to be $248,000.
• KMA has allowed a nominal factor of 5% of EGI to cover unreimbursed expenses for the
core, classroom, and retail buildings.
Based on these assumptions, NOI for the core, classroom, and retail buildings at stabilization
is estimated at $2,476,000.
Ground Lease Revenue — Pad Buildings
Table 4 of Appendix C itemizes the outlying building pads that are proposed to be ground
leased for a variety of uses. KMA surveyed comparable industrial, retail, and office land sales
CELER vNG30 YEARSGFSERvicE TD OURCLims
04339mm
19545.015.001
To: Mr. John Meyer, AICP, Redevelopment Director
Subject: Temecula Education Facility - Estimate of Re -use Value
March 1, 2004
Page 11
in Temecula and MUITieta since January 2003 to determine fee simple land values for the
proposed uses. These findings are presented in Tables 5, 6, and 7, respectively. Based on
this information, KMA has assumed land values for the finished pads ranging from $7.50 to
$10 per SF, depending on type of use. KMA considers these values to be appropriate based
on the location of the subject Site and the overall mix of uses proposed for the Project. KMA
applied an industry standard capitalization rate of 8.0% to determine an annual rent for the
building pads. On this basis, then, KMA estimates the total annual ground lease revenue from
the building pads to be $286,000 annually. This figure excludes the amphitheater, which is
considered to have nominal revenue potential.
Residual Land Value
Classroom Buildings - A target ROI of 10% has been assumed for the classroom buildings.
This return takes intc consideration the uncertainty of this type of development in a pioneering
location. Based on this ROI, and the NOI projection of $2,242,000, the warranted private
investment for the classroom buildings is estimated at $22,420,000.
Retail/Pad Buildings - A target ROI of 11 % has been assumed for the retail building and
ground lease pads. This return reflects the level of risk in a challenging commercial market for
the subject location. Based on this ROI, and the NOI projection of $522,000, the warranted
private investment for the retail building and ground lease pads is estimated at $4,745,000.
Income During Leased - Operating income during lease -up has been calculated based on
50% of stabilized income for a period of six months. Based on these factors, the income
generated during this timeframe is estimated to be $561,000 for the core and classroom
buildings, and $59,000 for the retail building for a total of $620,000.
On this basis, then, the difference between the sum of total warranted investment and income
during lease -up ($27,785,000) and total development costs ($25,299,000) represents a
residual land value attributable to the campus facility of $2,486,000, or $2.56 per SF land.
The table below summarizes the residual land values for the entire Site.
Estimates of Residual Land Value
Phase 1A -Garden Apartments
Campus Facility - Excluding Phase 1A
($2,835,000)
$2,486,000
Total Residual Land Value
($349,000)
Therefore, based on the foregoing analysis, KMA concludes that the fair re -use value of the
Site is negative $349,000.
CELEBRATING 30 YEARSOFSERVICE TO OUR CLFMS
04339mm
19545.015.001
To: Mr. John Meyer, AICP, Redevelopment Director March 1, 2004
Subject: Temecula Education Facility — Estimate of Re -use Value Page 12
G. Fair Market Value at Highest and Best Use
Section 33433 of California Redevelopment Law requires that prior to selling or leasing real
property, redevelopment agencies estimate the fair market value of the interest to be
conveyed at its highest and best (most profitable) use.
Typically, the analysis of the fair market value at highest and best use does not consider the
specific Agency/Developer transaction or development concept, but rather the most profitable
use that is consistent with the Redevelopment Plan or other governing land use regulations.
The purpose of the analysis is to estimate the maximum compensation that the Agency could
achieve if it were to offer the subject property or development right on the open market. The
highest and best use of the Site is the use that generates the highest property value. By
definition, the highest and best use is that use which is physically possible, financially feasible,
and legally permitted.
The City of Temecula General Plan (1993) governs the zoning and land uses for the Site. The
subject Site lies within the zoning and land use designation of PI — Public/Institutional. The PI
designation is intended to facilitate construction of public, private, and quasi -public uses in
appropriate areas of the City, and to ensure that new development of such sites are developed
in a manner compatible with surrounding land uses. Typical uses include public schools,
hospitals, libraries, civic centers, cultural facilities, churches, and public utility facilities.
In determining the highest and best use of the Site, KMA considered the current zoning of the
Site, its location, and physical condition. The zoning primarily allows public/institutional uses,
with potential for some ancillary development under a conditional use permit (CUP). On this
basis, then, KMA finds that the mix of uses proposed for the Project represents the highest
and best use of the Site. Absent the proposed transaction, however, development of the Site
would not require income -restricted apartments. In other words, the Site could be developed
with a mix of public/institutional uses, commercial, and market -rate residential uses.
Therefore, KMA reviewed large -tract residential and commercial land sales comparables in
southwestern Riverside County. As noted previously, the KMA survey yielded median land
values for both uses of approximately $2.40 per SF. If this value were applied to the
approximately 31-acre Site, it would represent a value of $3,251,000. Per the Developer,
development of the subject Site will require extraordinary on- and off -site improvement costs
totaling $4,500,000, or $3.30 per SF. These improvements consist of, but are not limited to,
removal from the flood plain, grading and soil compaction, and perimeter streets and
intersections. The Developer's itemization of on- and off -site improvements, and associated
cost estimates, has been reviewed and corroborated by City planning and engineering staff.
CELEBRATING 30 YEARSOFSERHcE TO OuR CLIENTS
04339mm
19545.015.001
To: Mr. John Meyer, AICP, Redevelopment Director March 1, 2004
Subject: Temecula Education Facility — Estimate of Re -use Value Page 13
Inasmuch as the improvement costs required to prepare the Site for development exceed the
typical value of similar large -tract commercial properties, KMA concludes that the fair market
value of the Site at its highest and best use is $0.
H. Limiting Conditions
The estimates of re -use value and fair market value at the highest and best use contained in
this memorandum assume compliance with the following assumptions:
1. There are no soil or subsoil problems, including toxic or hazardous conditions, on the Site
that need to be reemediated in order to develop the Site.
2. The ultimate development will not vary significantly from that assumed in this Re -Use
Analysis.
3. The title of the property is good and marketable; no title search has been made, nor have
we attempted to determine the ownership of the property. The value estimates are given
without regard to any questions of title, boundaries, encumbrances, liens or
encroachments. It is assumed that all assessments, if any, are paid.
4. The Site will be in conformance with the applicable zoning and building ordinances.
5. Information provided by such local sources as governmental agencies, financial
institutions, realtors, buyers, sellers, and others was considered in light of its source, and
checked by secondary means.
6. Neither the local nor national economy will experience a major recession. If an unforeseen
change occurs in the economy, the conclusions contained herein may no longer be valid.
7. The Project will adhere to the schedule of performance described in the DDA.
8. Both parties are well informed and well advised and each is acting prudently in what
he/she considers his/her own best interest.
attachments
CELEBRATING 30 YEARS OF SERVICETO OUR CLIEMS
04339mm
19545.015.001
TEMECULA PUBLIC
FI NAIi14CI NG AUTHORITY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA PUBLIC FINANCING AUTHORITY
FEBRUARY 10, 2004
A regular meeting of the City of Temecula Public Financing Authority was called to order at
7:35 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula.
ROLL CALL
PRESENT:
3
AGENCY MEMBERS:
Comerchero, Naggar, Washington
ABSENT:
2
AGENCY MEMBER:
Roberts, Stone
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
Minutes
RECOMMENDATION:
1.1 Approve the minutes of November 18, 2004; - Agency Member Washington
abstained.
1.2 Approve the minutes of November 25, 2003;
1.3 Approve the minutes of December 16, 2003.
2 Authorizing Investment of Bond Proceeds in the Local Agency Investment Fund (LAIF)
RECOMMENDATION:
1.1 Adopt a resolution entitled:
RESOLUTION NO. TPFA 04-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
INVESTMENT OF BOND PROCEEDS IN THE LOCAL AGENCY
INVESTMENT FUND
R:minutes.tpfa\021004 1
3 Use of bond Proceeds to Reimburse Purchase of a Fire Tnink —
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. TPFA 04-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY EXPRESSING
OFFICIAL INTENT REGARDING A CAPITAL EXPENDITURE
TO BE REIMBURSED FROM PROCEEDS OF TAX-EXEMPT
OBLIGATIONS
MOTION: Authority Member moved to approve Consent Calendar Items 1-3. The motion was
seconded by Authority Member Comerchero and electronic vote reflected approval with the
exception of Authority Member Washington abstaining on Item 1.1, and Agency Members
Roberts and Stone, who were absent.
EXECUTIVE DIRECTOR'S REPORT
No comment.
BOARD OF DIRECTORS' REPORTS
No comments.
ADJOURNMENT
At 7:38 P.M., the Temecula Public Financing Authority meeting was formally adjourned.
ATTEST:
Susan W. Jones, CIVIC
City Clerk/Agency Secretary
[SEAL]
Michael S. Naggar, Chairman
R: m i n utes.t pfa\021004
ITEM 2
APPROVAL -Wp'
CITY ATTORNEY
ITY M FINANCE
CITY MANAGER
TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO: Temecula Public Financing Authority
FROM: Genie Roberts, Director of FinanceIF
DATE: March 16, 2004
SUBJECT: Revised Deposit Agreement — Proposed Roripaugh Ranch Community Facilities
District
RECOMMENDATION: That the Board of Directors of the Authority adopt the resolution
entitled:
RESOLUTION NO. TPFA 04-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY APPROVING
AMENDED AND RESTATED DEPOSIT/REIMBURSEMENT
AGREEMENT — RORIPAUGH RANCH
BACKGROUND: Ashby USA, LLC (the "Developer') has requested that the Temecula Public
Financing Authority (the "Authority") form a community facilities district (the "CFD") to finance
public improvements in the Roripaugh Ranch area of the City of Temecula (the "City"), and in
2001 the Developer, the City, the Authority and Calloway 220, LLC (an entity previously
interested in the formation of the CFD), entered into a Deposit/Reimbursement Agreement (the
"2001 Agreement") pursuant to which the Developer and Calloway 220, LLC agreed to pay the
costs of the City and the Authority in connection with the establishment of the Authority and the
formation of and issuance of bonds for the CFD. Since the execution of the 2001 Agreement,
Calloway 220, LLC is no longer interested in the formation of the CFD, and the costs to be paid
by the Developer have been increased. Bond Counsel has provided an Amended and Restated
Deposit/Reimbursement Agreement (the "Amended Agreement") to reflect the changed
circumstances and Cite Staff recommend its approval by the City Council and the Board of
Directors of the Authority.
FISCAL IMPACT: The Developer has agreed to pay the costs of the City and the Authority
related to the formation of the CFD from deposits as requested by the City, and if funds are not
advanced when requested by the Director of Finance, the City Manager may direct Staff to
cease activities to be funded by the Developer under the Amended Agreement.
Attachment: Resolution No. TPFA 04-
Amended and Restated Deposit/Reimbursement Agreement
RESOLUTION NO. TPFA 04-,
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECUTA PUBLIC FINANCING AUTHORITY APPROVING
AMENDED AND RESTATED DEPOSIT/REIMBURSEMENT
AGREEMENT — RORIPAUGH RANCH
WHEREAS, in 2001, the City of Temecula (the "City"), the Temecula Public Financing
Authority (the "Authority"), Ashby USA, LLC ("Ashby") and Calloway 220, LLC ("Calloway"),
entered into a Deposit)Reimbursement Agreement (the "Original Agreement'), pursuant to
which Ashby and Calloway deposited funds with the City to ensure payment of the costs of the
Authority and the City in forming the Authority and a proposed community facilities district, and
otherwise in connection with the issuance of bonds for such community facilities district (the
"Initial Costs"); and
WHEREAS, since the execution of the Original Agreement by the parties thereto,
Calloway no longer owns property in the proposed community facilities district and the Initial
Costs have been in excess of the amount previously expected; and
WHEREAS, the parties to the Original Agreement now desire to amend and restate the
Original Agreement to rnflect the current understanding of the parties thereto with respect to,
among other matters, the continued advancement of funds necessary to pay the Initial Costs,
and there is on file with the Authority Secretary a form of Amended and Restated
Deposit/Reimbursement Agreement (the "Deposit Agreement") which the Board of Directors
now desires to approve.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula
Public Financing Authority as follows:
Section 1. Deposit Agreement. The Board of Directors hereby approves the Deposit
Agreement, and authorizes the Executive Director to execute the Deposit Agreement, in the
form on file with the Secretary, together with such changes as deemed advisable by Counsel to
the Authority.
Section 2. The Executive Director, Treasurer, Secretary, legal counsel to the Authority
and all other officers and agents of the Authority are hereby authorized and directed to take all
actions necessary or advisable to implement the Deposit Agreement.
PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula
Public Financing Authority at a regular meeting held on the 16'h day of March, 2004.
Michael S. Naggar, Chairperson
ATTEST:
Susan W. Jones, CIVIC
City Clerk / Authority Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO
CERTIFY that the foregoing Resolution No. TPFA 04-_ was duly adopted at a special
meeting of the Board of Directors of the Temecula Public Financing Authority on the 16" day of
March, 2004, by the following vote:
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
Susan W. Jones, CIVIC,
Authority Secretary/City Clerk
-2-
AMENDED AND RESTATED DEPOSIT/REIMBURSEMENT AGREEMENT
Temecula Public Financing Authority
Community Facilities District No. 03-02
(Roripaugh Ranch)
THIS AMENDED AND RESTATED DEPOSIT/REIMBURSEMENT AGREEMENT (the
"Agreement") is by and among the City of Temecula (the "City"), the Temecula Public
Financing Authority (the "Authority") for itself and on behalf of the proposed Temecula Public
Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "CFD"),
Ashby USA, LLC ("Ashby") and Calloway 220, LLC ("Calloway' and, together with Ashby, the
"Developers").
RECITALS:
WHEREAS, in 2001, the City, the Authority (for itself and on behalf of the proposed
CFD) and the Developers entered into a Deposit/Reimbursement Agreement (the "Original
Agreement"), pursuant to which the Developers deposited funds with the City to ensure
payment of the costs of the Authority and the City in forming the Authority and the CFD, and
otherwise in connection with the issuance of bonds (the "Bonds") for the CFD and the
proposed expenditure of the proceeds thereof, which Original Agreement provided that the
funds so advanced were to be reimbursed to the Developers from the proceeds of any Bonds
issued by the Authority for the CID to the extent provided therein; and
WHEREAS, since the parties hereto entered into the Original Agreement, the name of
the CID has changed from "Temecula Public Financing Authority Community Facilities
District No. 01-1 (Butterfield Stage Road)" to "Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch);' and Calloway no longer owns
property within the proposed boundaries of the CID; and
WHEREAS, the )[nitial Costs (as defined in the Original Agreement) have been in excess
of the amounts expected. at the time of execution of the Original Agreement; and
WHEREAS, in light of the foregoing, the parties to the Original Agreement now desire
to amend and restate the Original Agreement as provided herein, in order to cause the written
agreement among the parties to the Original Agreement to reflect the current understanding of
the parties thereto as to the continued advancement of funds necessary to pay the Initial Costs,
and the prospective reimbursement of amounts advanced by the Developers with proceeds of
the Bonds, if any Bonds are issued by the Authority for the CFD.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set
forth herein, and for other consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree that the operative provisions of the Chiginal Agreement
shall be amended and restated as follows:
Section 1. The Deposits. In 2001, Ashby provided to the City $113,500 and Calloway
provided to the City $18,500 (collectively, the "2001 Deposits"), to be used by the City to pay
the costs in conducting .proceedings for the formation of the Authority and the CID, and for the
issuance of bonds for the CFD (as more fully described in Section 2(a) below, the "Initial
Costs").Subsequently, Ashby has provided to the City additional deposits of $68,000 and
$70,000 for such purposes collectively, the "Ashby Deposits"). The City, by its execution
hereof, acknowledges receipt by the City of the 2001 Deposits and the Ashby Deposits. The
checks representing the 2001 Deposits have been cashed by the City, and the 2001 Deposits and
the Ashby Deposits were commingled with other funds of the City for purposes of investment
and safekeeping; however, the City at all times has maintained records as to the expenditure of
the 2001 Deposits and the Ashby Deposits.
Ashby hereby agrees to advance any additional amounts necessary to pay any Initial
Costs incurred by the City or the Authority, in excess of the amount of the 2001 Deposits and
the Ashby Deposits, promptly upon written demand therefore by the Director of Finance of the
City; (the "Additional Deposits" and, collectively with the 2001 Deposits and the Ashby
Deposits, the "Deposit""). Notwithstanding any other provision of this Agreement, the City
Manager may direct City and Authority staff and consultants to cease all work related to the
issuance of the Bonds and/or the formation of the CID until any additional amount so
demanded has been received by the City.
Section 2. Use of Funds. The Deposits shall be administered as follows:
(a) The Director of Finance of the City may draw upon the Deposits from time to time
to pay the Initial Costs, including but not limited to: (i) the fees and expenses of any consultants
to the City or the Authority employed in connection with the issuance of the Bonds and the
proposed expenditure of the proceeds thereof (such as engineering, legal counsel, including the
City Attorney, Bond Counsel and financing and special tax consultants); (h) the costs of
appraisals, market absorption and feasibility studies and other reports necessary or deemed
advisable by City staff or consultants in connection with the Bonds; (iii) costs of publication of
notices, preparation and mailing of ballots and other costs related to any election with respect
to the CFD, the rate and method of apportionment of the special taxes to be levied therein and
any bonded indebtedness thereof; (iv) a reasonable charge for City staff time, as determined by
the City Manager in his sole discretion, in analyzing the CID, the Bonds and the expenditure of
the proceeds thereof, including a reasonable allocation of City overhead expense related
thereto; and (v) any and all other actual costs and expenses incurred by the City or the
Authority with respect to the CID or the Bonds after the date of execution of this Agreement.
The Developers hereby acknowledge that, at a minimum, the following amounts will or may be
charged against the Deposits, whether or not the CFD is formed and the Bonds are issued: (i)
$75,000.00 to David Taussig and Associates, Inc., special tax consultant, (ii) at least $30,000.00 to
an appraiser, (iii) at least $12,000.00 to Richards, Watson & Gershon, City Attorney and general
counsel to the Authority, (iv) $22,000.00 for a market absorption analysis related to the CFD, (v)
$65,000.00 to Fieldman, Rolapp & Associates for financial advisory services, (vi) $70,000.00 to
Albert A. Webb Associates for engineering services related to the facilities proposed to be
financed by the CFD, and (vii) at least $2.5,000.00 to the City for City Staff time in analyzing the
-2-
CFD, the Bonds and the expenditure of the proceeds thereof, including a reasonable allocation
of City overhead expense related thereto, including all other actual costs and expenses incurred
by the City. Draws on the Deposits shall first be charged to the 2001 Deposits, and when the
2001 Deposits have been fully expended, then to the Ashby Deposits, and when the 2001
Deposits and the Ashby Deposits have been fully expanded, then to any Additional Deposits.
(b) If the Bonds are issued under the Mello -Ross Community Facilities Act of 1982, as
amended (the "Act') by the Authority secured by special taxes levied upon the land within the
CFD, the Authority shall provide for reimbursement to the Developers, without interest, of all
amounts charged against the Deposits, said reimbursement to be made solely from the
proceeds of the Bonds and only to the extent otherwise permitted under the Act. On or within
ten (10) business days after the date of issuance and delivery of the Bonds, the Director of
Finance of the City shall return the then unexpended Deposits to the Developers, without
interest, less an amount equal to any costs incurred by the City or the Authority or that the City
or the Authority is otherwise committed to pay, which costs would be subject to payment
under Section 2(a) above, but have not yet been so paid.
(c) If the Bonds are not issued, the Director of Finance of the City shall, within ten (10)
business days after adoption of the resolution stating the intent of the Authority to terminate
proceedings under the Act with respect to the issuance of the Bonds, return the then
unexpended Deposits to the Developers, without interest, less an amount equal to any costs
incurred by the City or the Authority or that the City or the Authority is otherwise committed
to pay, which costs would be subject to payment under Section 2(a) above but have not yet
been so paid.
(d) In the event that all or any portion of the Deposits drawn upon in accordance with
Section 2(a) are reimbursed with proceeds of Bonds (as described in Section 2(b)), or any
portion of any unexpended Deposits are otherwise returned to the Developers (as described in
Section 2(b) or 2(c)), the amount so reimbursed or returned shall be applied first against any
Additional Deposits advanced by Ashby and against the Ashby Deposits until the amount of
any such Additional Deposits and the amount of the Ashby Deposits have been fully returned
or reimbursed, as applicable; and then against the 2001 Deposits, 86% to Ashby and 14% to
Calloway.
Section 3. Reimbursement of Other Developer Costs. Nothing contained herein shall
prohibit reimbursement of other costs and expenses of Ashby or any successor in interest
thereto with respect to the land in the CFD incurred in connection with the CID from the
proceeds of the Bonds, including, but not limited to fees and expenses of legal counsel to Ashby
and/or any of its successors in interest and special consultant expenses. Any such
reimbursement shall be made (a) solely from the proceeds of the Bonds, (b) only to the extent
otherwise permitted under the Act, (c) if the Bond issue already includes full reimbursement of
all amounts charged against the Deposits, and (d) only if otherwise provided for, at the
reasonable discretion of the Authority, in the proceedings for the issuance of the Bonds.
Section 4. A�.reement Not Debt or Liability of City or Authority. It is hereby
acknowledged and agreed that this Agreement is not a debt or liability of the City or the
Authority, as provided in Section 53314.9(b) of the Act. Neither the City nor the Authority shall
in any event be liable hereunder other than to return the unexpended and uncommitted
Us
portions of the Deposits as provided in Section 2 above and provide an accounting under
Section 7 below. Neither the City nor the Authority shall be obligated to advance any of their
own funds with respect to the CFD or for any of the other purposes listed in Section 2(a) hereof.
No member of the City Council, the Board of Directors of the Authority or officer, employee or
agent of the City or the Authority shall to any extent be personally liable hereunder.
Section 5. No Obligation to Issue Bonds. The provisions of this Agreement shall in no
way obligate the City or the Authority to issue any bonds, or to expend any of their own funds
in connection with the CFD.
Section 6. Severability. If any part of this Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be
given effect to the fullest extent reasonably possible.
Section 7. Accountin-g. The City Director of Finance shall provide the Developers with
a written accounting of moneys expended under this Agreement, within ten (10) business days
of receipt by the Direcb)r of Finance of the City of a written request therefor submitted by an
authorized officer of a Developer. No more than one accounting will be provided in any
calendar month and the cost of providing the accounting shall be charged to the Deposits.
Section 8. Multiple Bond Issues. In the event that the Authority determines to issue
more than one series of the Bonds (due to the establishment of improvement areas within the
CFD or otherwise), or if the Authority determines to establish a second community facilities
district which includes Land originally contemplated to be included in the CFD and determines
to issue bonds for such. second community facilities district, any portion of the Deposits not
reimbursed from the first issue of Bonds shall be reimbursed, without interest, from any such
other issue of Bonds of the CFD or of bonds of such second community facilities district; but in
any event only to the extent such reimbursement is permitted under the Act.
Section 9. Successors and Assigns. This Agreement shall be binding upon and inure to
the benefit of the successors and assigns of the parties hereto.
Section 10. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original.
-4-
Section 11. final Agreement Superceded. This Agreement supercedes in its entirety
the Original Agreement. Upon execution of this Agreement by all of the parties hereto, the
Original Agreement shall be deemed terminated.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day
and year written alongside their signature line below.
Executed on:
March _, 2004
Executed on:
March 2004
Executed on:
March _, 2004
Executed on:
March _, 2004
DEVELOPERS:
ASHBY USA, LLC, a limited liability company
By: Ashby Development Company, Inc.,
a California corporation, Managing Member
0
Justin K. Ashby, Vice President
By: USA Investment Partners, LLC,
a Nevada limited liability company, Member
um
Joseph D. Milanowski
CALLOWAY 220, LLC
By:
Its:
CITY:
CITY OF TEMECULA
0
City Manager
R911:CO) ;i1ra
TEMECULA PUBLIC FINANCING AUTHORITY,
for itself and on behalf of the proposed Temecula
Public Financing Authority Community Facilities
District 03-02 (Roripaugh Ranch)
By:
Executive Director
-5-
ITEM 16
CITY ATTORNEY
DIRECTOR OF FI
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Ailliam G. Hughes, Director of Public Works/City Engineer
DATE: March 16, 2004
SUBJECT: Diaz Road Realignment Project, Project No. PW95-27
Resolution of Necessity — Rancho California Business Park Association
(Assessor's Parcel Number 921-020-075)
PREPARED BY: Michael Yoshiba, City Attorney's Office
Greg Butler, Principal Engineer
Marilyn Adarbeh, Property Agent
RECOMMENDATION: That the City Council:
Hold a public hearing and take testimony from the members of the Rancho California
Business Park Association or their representatives if they ask to be heard on issues A,
B, C, and D se:t forth below regarding the proposed acquisition of the "Covenants,
Conditions, and Restrictions" by condemnation for Street Improvement, Road and
Highway purposes in connection with the proposed Diaz Road Realignment Project.
Review the evidence stated and referred
including any testimony received during the
adopt a Resolution of Necessity.
to herein and consider all the evidence,
public hearing, prior to deciding whether to
If the City Council finds, based on its consideration of the evidence contained and referred to in
this staff report, the testimony and comments received during the public review and planning
process, all other testimony that may be presented, and all other evidence and records
pertaining to this matter, that the evidence warrants the necessary findings as to the proposed
Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its
discretion, and upon taking a separate vote on each proposed resolution:
3. Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject encumbrances.
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE REALIGNMENT OF
DIAZ ROAD
1
RMGENDA REPORTS\2004\031604\PW95-27 Business Park Ern DomainZdoc
BACKGROUND: The City of Temecula is proposing to realign Diaz Road at Rancho
California Road. The Diaz Road Realignment project, hereinafter called the "Project", proposes
to bisect two adjacent City -owned parcels (also identified as Assessor's Parcel # 921-020-075)
with a new alignment of Diaz Road. The City has studied the existing Diaz Road configuration
at Rancho California Rcad and has determined that the proposed realignment of Diaz Road will
reduce traffic congestion in and around the intersection of Diaz Road and Rancho California
Road. A true and correct copy of the environmental compliance review is on file with the City
Clerk and is incorporated in this report by this reference. The combined total area of the two
City -owned parcels is approximately 6.22 acres. The City parcels are identified as Parcel 1 & 2
of Parcel Map No. 19580, City of Temecula, hereinafter called "City Parcels."
The City Parcels are located within a planned business park development commonly referred to
as the Rancho California Business Park. The developer of the Rancho California Business Park
recorded "Covenants, Conditions, and Restrictions", hereinafter called "CC&R's," encumbering
properties within the business park. The proposed Project requires the use and development of
the City Parcels. Implementation of the Project requires that the City secure relief of the
CC&R's that encumber and may prohibit the improvement of the City Parcels.
Although the City owns Parcels 1 & 2 in fee simple, attempts to improve the City Parcels with
the new alignment of Diaz Road may trigger challenges to the Project by the members of the
Rancho California Business Park Association, based upon the City's and the Project's non-
conformance with the CC&R's.
The possible CC&R's affected by the proposed Project are those relating to the roadway
improvement's design and the minimum lot size requirements. The Project proposes to bisect
the City Parcels with the newly designed Diaz Road. Upon completion of the Project, the City
Parcels will consist of two undeveloped areas each straddling the new alignment of Diaz Road,
hereinafter called "City Remainder Parcels." The City Remainder Parcels will be approximately
0.88 acres and 3.60 acres in size. There are no plans to subdivide either of the City Parcels or
the City Remainder Parcels.
The Rancho California Business Park Association is the non-profit entity that manages the
affairs of the Business Park, including Business Park decisions concerning their CC&R's.
Members of the Rancho California Business Park Association can individually voice objections
based upon CC&R issues. Although it has not been formally determined that the CC&R's apply
to the proposed Project, the City sought the Rancho California Business Park Association's
approval of the proposed improvements.
On May 23rd, 2002, the City submitted an application to the Rancho California Business Park
Association for approval of the proposed improvements. In a letter dated June 11, 2002, the
Rancho California Business Park Association notified City staff that the City's application was
rejected. Informal attempts to secure formal Project approval have been rejected by Mr. Peter
Racobs, attorney for Rancho California Business Park Association.
At the February 24, 2004 Public Hearing the following issues were identified and responded to:
Association Request
City Response
Install Traffic Signal at West
Not warranted or high on the City's signal priorities
Business Park Drive and Rancho
California Road
Allow full turning movements at
The spacing between Rancho California Road and
Realigned Diaz Road and Business
Business Park Drive is too short to allow for the
Park Drive
easterly double left turns and for a full turning
movement intersection at Business Park Drive. The
2
RAAGENDA REPORTS\2004\031604\PW95-27 Business Park Ern Domain2.doc
original design did not have a Business Park Drive
connection, however, based on the Business Park
Associations request, a right in /out connection was
provided.
Use of the remainder City 0.88
City will not develop the 0.88 acre parcel. If anything,
Acres parcel is not large enough to
we will entertain selling the property to one or both of
develop.
the adjacent property owners to combine with their
sites.
Will the City replace association
The City will replace in kind all impacted landscaping
monument signs and landscaping
and irrigation and monument signs
The City has not noticed all 22
The City has properly noticed the Business
properties within the Business Park
Association who has decision making authority for
the Association and the responsibility to notify the
individual properties
The Association will lose a portion
The City is prepared to compensate for the
of its operating fees if property is
difference in lost fees with a cash present value
removed from the association
payment or assurance that the remaining parcel will
continue to pay the difference
The City is prepared to continue negotiating with the
Association while continuing with the acquisition
process, regardless if the condemnation process is
continuing.
Following the unsuccessful attempts at informal resolution of the CC&R issues, the City began
the eminent domain process.
The City Parcels and the specific property interests sought from the members of the Rancho
California Business Park Association are described and depicted on Exhibits "A" and "B,"
attached hereto.
A. The Public Interest and Necessity Require the Project
The Project is an essential component of the City's General Plan, Circulation Element. It is an
integral part of the City's overall plan for addressing the existing substandard level of service at
local roadway intersections and on many of the traveled ways that now provide transit across
the City. It will assist in relieving congestion on commercial streets contributed to by automobile
and truck traffic during peak hours at the existing Diaz Road and Rancho California Road
intersection.
B. The Project is Planned in the Manner that will be Compatible with the Greatest
Public Good and Least Private Injury
The studies, plans and other documents cited above also evidence that the Diaz Road
Realignment Project is planned and located to provide the best practical solution to address the
stated circulation and planning goals of the General Plan.
C. The Subject Property Interests Described in the Resolution of Necessity are
Necessary for the Project
The proposed acquisition of the subject property interests described in the Resolution is
necessary for the Project as planned and designed. These interests include the partial
acquisition of real property interests, specifically, the covenants, conditions, and restrictions,
which encumber and partain to assessor's parcel number 921-020-075. A diagram depicting
the subject property interests with reference to the proposed Project is attached as Exhibit "C"
to this staff report
3
R:\AGENDA REPORTS\2004\031604\PW95-27 Business Park Ern Domain2.doc
D. The Offer Required By Section 7267.2 of the Government Code has been made to
the Owner of Record of the Property Sought to be Acquired
Pursuant to Government Code Section 7262, et seq., on or about December 11, 2003, the City
obtained a fair market value appraisal of the subject property interests, set just compensation in
accordance with the appraised fair market value, and extended a written offer letter to the
Rancho California Business Park Association, the non-profit entity that manages the affairs of
the Business Park. A true and correct copy of the offer letter is on file with the City Clerk and is
incorporated in this report by this reference. The Rancho California Business Park Association
and the City have engaged in negotiations. To date however, no negotiated purchase has been
consummated, and the schedule for the proposed Project requires that the City Council
consider the proposed Resolution of Necessity at this time. Adoption of the proposed
Resolution of Necessity requires at least a four/fifths (4/5) vote of the City Council.
FISCAL IMPACT: Property interests sought from the Rancho California Business Park
Association have been valued as follows:
CC&R encumbrance value $ 2,000.00
TOTAL
Adequate funds are available in the project account, Account no. 210-165-632-5700.
ATTACHMENTS: 1. Exhibits A & B
2. Resolution No. 04-
4
RAAGENDA REPORTW0041031604TW95-27 Business Park Ern Domain2.doc
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE REALIGNMENT OF
DIAZ ROAD
THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. The City of Temecula is a municipal corporation, in the County of
Riverside, State of California.
Section 2. The real property interests described in Section 3 of this Resolution,
namely the "Covenants,, Conditions, and Restrictions" that encumber and which prohibit the
improvement of the aforementioned Subject Property Interests with the proposed Project's
realignment and improvement of Diaz Road ("Project"), are to be taken for a public use and all
uses necessary or convenient thereto, pursuant to the authority conferred upon the City of
Temecula to acquire property by eminent domain by California Constitution Article 1, Section
19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and
California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including,
but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410,
1240.510, 1240.610, 1240.650, and other provisions of law.
Section 3. The real property interest the City seeks to acquire are the "Covenants,
Conditions, and Restrictions' that encumber and which prohibit the improvement of the
aforementioned Subject Property Interests with the Project as proposed on the property
commonly known as Parcel 1 & 2 of Parcel Map No. 19580, City of Temecula, and identified as
Assessor's Parcel Number ("APN") 921-020-075 ("Subject Property Interests.)
The legal description of the Subject Property Interests are attached as Exhibits "A" to
this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated
herein by this reference. Specifically, the legal description to the portion of the fee interest on
APN 921-020-075 is shown on Exhibit "A." The Subject Property Interests are required for the
construction, realignment, and improvements of Diaz Road, which is a public use.
Section 4. The Project is consistent with the City's General Plan, adopted on
November 11, 1993. The Project would realign and improve Diaz Road westerly from its
existing alignment, beginning at Rancho California Road, and extending until Rancho Way.
Specifically, the proposed Project provides the means for more efficient multidirectional
vehicular traffic flow at the intersection of Diaz Road and Rancho California Road, and at the
intersection of Diaz Road and Rancho Way. These improvements will further the public health
and safety by ensuring adequate traffic circulation in this area and, thus, will prevent
unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the
public health and safety because it will ensure that traffic circulation and the level of service are
maintained at the standard set forth in the Circulation Element of the City's General Plan. The
Project is also necessary to meet the demands of anticipated increased traffic volumes in the
area resulting from recent and proposed development in the vicinity of the Project area.
Section 5. The potential environmental impacts of the Project were studied and
analyzed as an integral part of the City Council's adoption of a Negative Declaration on
November 12, 2002. A Resolution of the City Council of the City of Temecula Certifying the
Negative Declaration, and adopting the findings pursuant to the California Environmental Quality
Act.
5
RMGENDA REPORTS\2004\031604\PW95-27 Business Park Ern Domain2.doc
The City Council also determined that the Project and related actions would not have a
significant impact on transportation and circulation in the City.
The City Council reviewed and considered the Negative Declaration to be in
conformance with the General Plan, and found that the Negative Declaration is an accurate and
objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's
local CEQA Guidelines. Further, the City Council found that the Negative Declaration reflects
the independent judgment of the City Council.
Accordingly, the City Council certified the Negative Declaration based on the following
findings and conclusions:
A. Findings. No significant impacts.
B. Conclusions. No significant impacts.
All of the environmental documentation prepared in connection with the adoption of a
resolution concerning the Negative Declaration, has been reviewed by City staff in connection
with the proposed Resolutions of Necessity and on February 24, 2004, pursuant to the criteria of
Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff
concluded that no substantial changes have occurred in the General Plan and related
applications, of which the street improvements proposed by the Project are an integral part, and
that the City has not obtained any new information of substantial importance that would require
City staff to undertake further environmental analysis. These environmental findings in
connection with the General Plan and related applications and the conditions imposed as part of
their approval, are the appropriate findings with respect to the proposed acquisition of the
Subject Property Interests.
Section 6. The public use for which the City seeks to acquire the Subject Property
Interests, namely street purposes, is a more necessary public use within the meaning of Code
of Civil Procedure section 1240.650 than the uses to which public utility easement holders have
appropriated those utility easements, which are located in the Subject Property Interests and
are affected by the Project
Section 7. The City Council of the City of Temecula hereby finds and determines
that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most compatible
with the greatest public good and least private injury;
C. The property described in Exhibits "A" and "B" attached hereto is necessary for
the Project; and
D. The City made the offer required by section 7267.2 of the Government Code to
the own6:rs of record.
Section 8. The findings and declarations contained in this Resolution are based
upon the record before the City Council on February 24, 2004, including the Agenda Report
dated February 24, 2004 and all documents referenced therein, all of which are incorporated by
this reference. These documents include the environmental documents referenced above, the
City's General Plan, and Development Code. The findings and declarations in this Resolution
are also based upon any testimony, records and documents produced at the hearing, all of
which are incorporated by this reference.
Section 9. The City Council of the City of Temecula hereby authorizes and directs
the City Attorney's ofl'ice to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire by eminent domain the property
described on Exhibits "A" and "B" attached hereto.
6
RMGENDA REPORTS\2004\031604\PW95-27 Business Park Ern Domain2.doc
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16'h
day of March 2004.
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, CMC City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 04-_ was duly and regularly adopted by the City Council of the city of
Temecula at a regular meeting held on the 161h day of March, 2004, by the following vote:
AYES: 0 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Susan W. Jones, CMC City
7
RAAGENDA REPORTS\2004\031604\PW95-27 Business Park Ern Domain2.doc
All conditions, covenants and restrictions encumbering Parcel I and 2 of Parcel Map 19580, City
of Temecula, Califonria. Said conditions, covenants and restrictions encumbering Parcel I and 2
of Parcel Map 19580 are identified, and incorporated by this herein reference, in the document
titled "Declaration for Protective Covenants for Rancho California Business Park, an
Industrial/COmmerClal Business Park," as recorded in the Official Records of Riverside County,
California, Document No. 237558, record date November 2, 1984, and including any and all
amendments to the aforementioned "Declaration for Protective Covenants" thereafter.
11086101301756996.1
Exhibit A
::3a_�:-�'. '_ t-l:�'S. d-eG- ,�::'� +�,-,..""i• x ,..-�.iz..�v - -. �,.> .'-;.=—-r.-..::: S`'7ni.3-L .!35,-cf 1.'a-!s`...-... ':i;ni;
f 'X)d IDd
I L
I / 1
ItBiB/YL i 'B'N'd r/ 6fftl -O� �-
dYMl OZ 1Jd
! OYOH VINip"O ONDNYN a 113wd
! !
w Ir J
t ►rJ
I Iw- i/ Y W2
0"
all
W a'I H d=C
NI I U.
LAJ
co
O
r I I I'�r-----
1
I I I i 2
ff I i h a
N �
EXhibit 6
ITEM 17
APPROVAL
CITY ATTORNEY P�
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Ailllam G. Hughes, Director of Public Works/City Engineer
DATE: March 16, 2004
SUBJECT: Diaz Road Realignment Project, Project No. PW95-27
Resolution of Necessity — Morter Family Trust Property
(Assessor's Parcel Number 921-040-028)
PREPARED BY: Michael Yoshiba, City Attorney's Office
Greg Butler, Principal Engineer
Marilyn Adarbeh, Property Agent
RECOMMENDATION: That the City Council:
Hold a public hearing and take testimony from the property owners or their
representatives if they ask to be heard on issues A, B, C, and D set forth below
regarding the proposed acquisition of the Morter Family Trust Property by condemnation
for Street Improvement, Road and Highway purposes in connection with the proposed
Diaz Road Realignment Project.
2. Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether to
adopt a Resolution of Necessity.
If the City Council finds, based on its consideration of the evidence contained and
referred to in this staff report, the testimony and comments received during the public
review and planning process, all other testimony that may be presented, and all other
evidence and records pertaining to this matter, that the evidence warrants the necessary
findings as to the: proposed Resolution of Necessity, then the staff recommends that the
City Council, in the exercise of its discretion, and upon taking a separate vote on each
proposed resolution:
3. Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject property.
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE REALIGNMENT OF
DIAZ ROAD
RAagdrpt\2004\0316\PW95-27 Morter Em Domain.doc
BACKGROUND: The City of Temecula is proposing to realign Diaz Road at Rancho
California Road. The City has studied the existing Diaz Road configuration at Rancho California
Road and has determined that the proposed realignment of Diaz Road will reduce traffic
congestion in and around the intersection of Diaz Road and Rancho California Road. A true
and correct copy of the environmental compliance review is on file with the City Clerk and is
incorporated in this report by this reference. The proposed Diaz Road Realignment project will
require the acquisition of a portion of property in fee and a temporary construction easement
from real property owned by the Morter Family Trust, also identified as Assessor's Parcel
Number 921-040-028, the property occupied by the Western Eagle Foundation.
At the February 24, 2004 Public Hearing the following issues were identified and responded to:
Property Owner/ Tenant Request
City Response
Allow full turning movements at
The City's proposal is consistent with the General Plan and
realigned Diaz Road and their driveway
circulation element to limit turning movements on Major
Roadways and to install medians. In this case there have
been two accidents in two years involving left turns from Diaz
Road to private driveway. Also, the merge distance between
the exclusive northbound Diaz lane and the Morter Driveway
is not adequate to allow left turns into there driveway. The
City's appraisal considers and provided compensation for
changed driveway travel pattern.
Emergency Vehicle access will be cut
Our emergency services have indicated that they will not have
off
a problem with the median, and they support efforts to reduce
congestion on the City's major roadways to enhance response
times
The property owner and tenant want a
The City will consider a second driveway if it can be
second driveway to the south
demonstrated to be safe and meet standards. It may be
possible to add a second driveway further south along Diaz
through the City's remainder parcel which would provide
additional site distance. The City Council Subcommittee
offered to extend this option to the property owner for
consideration with an exclusive negotiation agreement to sell
the City property for a term of three years. This will give the
property owner time to investigate expansion plans and
determine the feasibility of the second driveway.
The bargain store needs direct
The City is concerned with the safety of the full turning
customer access with full turning
movement driveway. A new signal at Rancho Way will help
movements
improve access to the site.
Their driveway is difficult to maneuver
The City proposes to widen and improve the existing driveway
for large trucks. They want left turns to
from an 18 foot wide driveway to a 40 foot wide commercial
help accommodate truck movements.
driveway including widening and modifying the driveway on
their property to better accommodate truck turning movements
The property will be landlocked with
The property travel patterns will be changed, however access
out full turning movement driveway
will be made primarily from Winchester Road south along Diaz
Road to their right in / right out driveway.
Diaz Road can be shifted toward the
Diaz Road can not be located further east due to the flood
creek taking less property
control channel and improvements, and conflict with an
existing Rancho California Water District Pumping Station.
Also, moving the roadway east will further complicate the
horizontal curves and site -distance along Diaz Road.
The City is prepared to continue negotiating with the
Association while conducting the condemnation process.
The portions of the Mortar Family Trust property sought to be acquired are described and
depicted on Exhibits "A" and "B", which are attached hereto.
RAagdrpt\2004\0316\PW95-27 Morter Em Domain.doc
A. The Public Interest and Necessity Require the Project
The Project is an essential component of the City's General Plan, Circulation Element. It
is an integral part of the City's overall plan for addressing the existing substandard level
of service at local roadway intersections and on the traveled ways that now provide
transit in this vicinity the City. It will assist in relieving congestion on commercial streets
contributed to bit automobile and truck traffic during peak hours at the existing Diaz
Road and Rancho California Road intersection.
B. The Project is Planned in the Manner that will be Compatible with the Greatest
Public Good and Least Private Injury
The studies, plars and other documents cited above also evidence that the Diaz Road
Realignment Project is planned and located to provide the best practical solution to
address the stated circulation and planning goals of the General Plan.
C. The Subject Property Interests Described in the Resolution of Necessity are
Necessary for the Project
The proposed acquisition of the subject property interests described in the Resolution is
necessary for the Project as planned and designed. These interests include partial
acquisitions in fee simple and a temporary construction easement from the Morter
Family Trust. A diagram depicting the subject property interests with reference to the
proposed Project is attached as Exhibit "C" to this staff report.
D. The Offer Required By Section 7267.2 of the Government Code has been made to
the Owner of Record of the Property Sought to be Acquired
Pursuant to Government Code Section 7262, et seq., on or about December 11, 2003,
the City obtained a fair market value appraisal of the subject property interests, set just
compensation in accordance with the appraised fair market value, and extended a
written offer letter to Jerry R. Morter and Linda C. Morter of the Morter Family Trust, the
owner of record of the larger parcel. A true and correct copy of the offer letter is on file
with the City Clerk and is incorporated in this report by this reference. The owner of
record and the City have engaged in negotiations. To date however, no negotiated
purchase has been consummated, and the schedule for the proposed Project requires
that the City Council consider the proposed Resolution of Necessity at this time.
Adoption of the proposed Resolution of Necessity requires at least a four/fifths (4/5) vote
of the City Council.
FISCAL IMPACT: Property interests sought from the Morter Family Trust have been valued
as follows:
Portion of real property in fee (13,363 SF) $146,908.00
Temporary construction easement (9,360 SF) 7,254.00
Severance damages 7,200.00
TOTAL $161,362.00
Adequate funds are available in the project account, Account no. 210-165-632-5700.
ATTACHMENT: 1. Exhibits A, B, C
2. Resolution No. 04-_
3. (Picture) Western Eagle —Existing Driveway
4. (Picture) Example of Proposed City Constructed Driveway
R:\agdrpt\2004\0316\PW95-27 Morter Em Domain.doc
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE REALIGNMENT OF
DIAZ ROAD
THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. The City of Temecula is a municipal corporation, in the County of
Riverside, State of California.
Section 2. The real property interests described in Section 3 of this Resolution, a
portion of the fee interest and temporary construction easements in connection with the
proposed realignment and improvements of Diaz Road ("Project"), are to be taken for a public
use and all uses necessary or convenient thereto, pursuant to the authority conferred upon the
City of Temecula to acquire property by eminent domain by California Constitution Article 1,
Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404
and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law),
including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150,
1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law.
Section 3. The real property interest the City seeks to acquire is a portion of the fee
interest and a temporary construction easement on the property commonly known as 28075
Diaz Road, Temecula, and identified as Assessor's Parcel Number ("APN") 921-040-028
("Subject Property Interests"). The term of the temporary construction easement is twelve (12)
months.
The legal description of the Subject Property Interests are attached as Exhibits "A" to
this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated
herein by this reference. Specifically, the legal description to the portion of the fee interest on
APN 921-040-028 is shown on Exhibit "A." The Subject Property Interests are required for the
construction, realignment, and improvements of Diaz Road, which is a public use.
Section 4. The Project is consistent with the City's General Plan, adopted on
November 11, 1993. The Project would realign and improve Diaz Road westerly from its
existing alignment, beginning at Rancho California Road, and extending until Rancho Way.
Specifically, the proposed Project provides the means for more efficient multidirectional
vehicular traffic flow at the intersection of Diaz Road and Rancho California Road, and at the
intersection of Diaz Road and Rancho Way. These improvements will further the public health
and safety by ensuring adequate traffic circulation in this area and, thus, will prevent
unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the
public health and safety because it will ensure that traffic circulation and the level of service are
maintained at the standard set forth in the Circulation Element of the City's General Plan. The
Project is also necessary to meet the demands of anticipated increased traffic volumes in the
area resulting from recent and proposed development in the vicinity of the Project area.
Section 5. The potential environmental impacts of the Project were studied and
analyzed as an integral part of the City Council's adoption of a Negative Declaration on
November 12, 2002. A Resolution of the City Council of the City of Temecula Certifying the
Negative Declaration, and adopting the findings pursuant to the California Environmental Quality
Act.
RAagdrpt\2004\0316\PW95-27 Morter Em Domain.doc
The City Council also determined that the Project and related actions would not have a
significant impact on transportation and circulation in the City.
The City Council reviewed and considered the Negative Declaration to be in
conformance with the General Plan, and found that the Negative Declaration is an accurate and
objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's
local CEQA Guidelines. Further, the City Council found that the Negative Declaration reflects
the independent judgment of the City Council.
Accordingly, the City Council certified the Negative Declaration based on the following
findings and conclusions:
A. Findings. No significant impacts.
B. Conclusions. No significant impacts.
All of the environmental documentation prepared in connection with the adoption of a
resolution concerning the Negative Declaration, has been reviewed by City staff in connection
with the proposed Resolutions of Necessity and on February 24, 2004, pursuant to the criteria of
Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff
concluded that no substantial changes have occurred in the General Plan and related
applications, of which the street improvements proposed by the Project are an integral part, and
that the City has not obtained any new information of substantial importance that would require
City staff to undertake further environmental analysis. These environmental findings in
connection with the General Plan and related applications and the conditions imposed as part of
their approval, are the appropriate findings with respect to the proposed acquisition of the
Subject Property Interests.
Section 6. The public use for which the City seeks to acquire the Subject Property
Interests, namely street purposes, is a more necessary public use within the meaning of Code
of Civil Procedure section 1240.650 than the uses to which public utility easement holders have
appropriated those utility easements, which are located in the Subject Property Interests and
are affected by the Project
Section 7. The City Council of the City of Temecula hereby finds and determines
that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most compatible
with the greatest public good and least private injury;
C. The property described in Exhibits "A" and "B" attached hereto is necessary for
the Project; and
D. The City made the offer required by section 7267.2 of the Government Code to
the owners of record.
Section S. The findings and declarations contained in this Resolution are based
upon the record before the City Council on February 24, 2004, including the Agenda Report
dated February 24, 2004 and all documents referenced therein, all of which are incorporated by
this reference. These documents include the environmental documents referenced above, the
City's General Plan, and Development Code. The findings and declarations in this Resolution
are also based upon any testimony, records and documents produced at the hearing, all of
which are incorporated by this reference.
Section 9. The City Council of the City of Temecula hereby authorizes and directs
the City Attorney's office to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire by eminent domain the property
described on Exhibits "A" and "B" attached hereto.
5
RAagdrpt\2004\0316\PW95-27 Morter Em Domandoc
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16th
day of March 2004.
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, CMC City Clerk
[SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )SS
CITY OF TEMECULA )
I, Susan W. JonE:S, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 04-__ was duly and regularly adopted by the City Council of the city of
Temecula at a regular meeting held on the 16th day of March, 2004, by the following vote:
AYES: 0 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Susan W. Jones, CMC City Clerk
6
RAagdrpt\2004\0316\PW95-27 Morter Em Domandoc
EXHIBIT "A"
LEGAL DESCRIPTION
FOR RIGHT-OF-WAY DEDICATION
DIAZ ROAD
BEING A PORTION OF BLOCK 2 OF THE PAUBA LAND AND WATER COMPANY S SUBDIVISION OF THE
TEMECULA RANCHO IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. AS
SHOWN BY MAP OIV FILE IN BOOK 11. PAGE 507 OF MAPS, RECORDS OF SAN DIEGO COUNTY,
CALIFORNIA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THIS NORTHERLY MOST CORNER OF PARCEL 1 OF PARCEL MAP 1956Q AS SHOWN ON A
MAP FILED IN BOOK 154 AT PAGES 92 THROUGH 06, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,
SAID POINT BEING ON THE WESTERLY RIGHTOFWAY OF DIAZ ROAD;
THENCE SOUTH 47.01W WEST,134.57 FEET ALONG THE NORTH LINE OF SAID PARCEL 1 TO THE
BEGINNING OF A NOON -TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF $00.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 7601 OW EAST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32'W61', AN ARC LENGTH
OF 448.40 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY OF DIAZ ROAD, A RADIAL LINE
THROUGH SAID POINT BEARS NORTH 71 °33.39- EAST;
THENCE SOUTH 1E 26'21' EAST, 369.39 FEET ALONG SAID WESTERLY RIGHT-OF-WAY OF DIAZ ROAD TO
THE POINT OF BEGINNING.
CONTAINING 13,363A33 SQUARE FEET OR 0.307 ACRES MORE OR LESS.
THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED'EXHIBIT B' AND THEREBY BEING MADE A
PART HEREOF.
PREPARED UNDER MY SUPERVISION:
B OA' I I d2
BRIAN D. O
PROFESSIONAL UND SURVEYOR NO.7171
EXPIRES 1231-2003
Page 1 of 1
April 16, 2OD2
BY: R Pisa
CMD BY: B. Fox
f-C.,Wy DoaaneetsVegar0laz Rom
Exhibit A
EXHIBIT "A-1"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
DIAZ ROAD
BEING A PORTION OF BLOCK 2 OF THE PAUBA LAND AND WATER
COMPANY'S SUBDIVISION OF THE TEMECULA RANCHO IN THE CITY OF
TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY
MAP ON FILE IN BOOK 11, PAGE 507 OF MAPS, RECORDS OF SAN DIEGO
COUNTY, CALIFORNIA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING A'T THE NORTHERLY MOST CORNER OF PARCEL 1 OF PARCEL
MAP 19580, AS SHOWN ON A MAP FILED IN BOOK 154 AT PAGES 92
THROUGH 96, .RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT
BEING ON THE: WESTERLY RIGHT-OF-WAY OF DIAZ ROAD;
THENCE SOUTH 47*01.03" WEST, 134.57 FEET ALONG THE NORTH LINE OF
SAID PARCEL 1 TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE
TO THE WEST, HAVING A RADIUS OF 800.00 FEET, A RADIAL LINE THROUGH
SAID POINT BEARS NORTH 76019'29" WEST, SAID POINT BEING THE TRUE
POINT OF BEGINNING;
THENCE NORTH 76°19'29" WEST, 40.25 FEET ALONG SAID RADIAL LINE TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING
A RADIUS OF 760 FEET, THENCE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 17020'59", AN ARC LENGTH OF 225.74
FEET. THENCE', ALONG A RADIAL LINE BEARING NORTH 86019'32" EAST,
40.00 FEET TO A POINT ON SAID CURVE HAVING A RADIUS OF 800.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE HAVING A RADIUS OF 800.00
FEET THROUGH A CENTRAL ANGLE OF 17°20' 59", AN ARC, LENGTH OF
242.25' FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 9,359.67 SQUARE FEET OR .215 ACRES MORE OR LESS.
THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED "EXHIBIT B-1"
AND THEREBY BEING MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION: �oQ�OFESS/RONALD
J. PARKS
RONALD J. PARKS No. 19744
DEPUTY DIRECTOR OF PUBLIC WORKS 'f CIVIL
REGISTERED CIVIL ENGINEER NO. 19744 9 OF CA1-A���
EXPIRES 9-30-05
R9CW,PROJ=W W 95W W95.271[eylDesoipiomW[AT-29075Diaz.dw
Exhibit A
494
w
�j SCALE IN FEET
1 = 200
�OL
EXHIBIT "all
/APN 921-040-028
PORTION .BLOCK 2 OF
PAUBA LAND & WATER
CO. SUB. M.B. 11/507
RECORDS OF SAN MOD Cl
`
PREPARED FYIR•
O1TY OF TEtrECULA
43200 BUSINESS PARK DR.
IEMECULA. CA 92590
(909) 694-6411
MARILYN- HAMPTON
SITAS DEL SOL
OK, CA 92028
'r���'j�im
O
Q
•O•BNLY MOST C11R P OF.
PNtM I OF PNM YAP
0 1=0 (PM 154/4Y p6)::
/ �
1
QN4t1� .
Q \1
Ai6l
�&L L'wo PREPARED BY:
gZ12-31-43
owra aaPoasuL ..:�� �GPSPA
151 South Girard Street • Hemet. Ca 92544 • (909) 652-445 FAX (909) 766-8942 E—MAIL kbcozod.com
B
flo a
ow
NE
O
LINE TABLE
EXHIBIT
LEGEND
N0. DIRECTION INSTANCE �Q ® AREA N BEING DESCRIBED
C IBEDINE FEET
L1 N 8619'32" E 40.00' OR .215 ACRES. MORE OR LESS
L2 S 7619'29' E 40.25' SCALE IN FEET / 1 6 \
1- = 200' / \
a
/ APN 921-040-028
PORTION BLOCK 2 OF L1
PAUBA LAND & WATER \
C0. SUB. N.B. 11/507 \ m \
\ AMOM OF SN1 DOD CO.
3 �
U
N 10'T 9b N 861932•.
rl IRVF TARI F
N0.1
DELTA
RADIUS
IENOIN
C1
1T20'59"
1866.66m1225.74-1
242.25'
C2
IT20'59"
760.00'
R•I
004
\� NLY CORNER OF
PARCH 1 OF PARCEL
19580 (PM 154/92-96)
\ O
Qo \c
RoAo
RECORD OWNER:
JERRY R. MORTM AND
LINDA C. MORTER
Q F s
0 AL 0 F'y
CITY OF TEMECULA
PARKS z
EXHIBIT FOR:
PREPARED BY:
CITY OF TEMECULA
No. 19744
CIVIL
TEMPORARY CONSTRUCTION EASEMENT
43200 BUSINESS PARK DR.
�l. /q•�o.as \P
EME ULA. CA1192590
Al-g
28075 DIAZ ROAD
CAUF��p
Exhibit B
ITEM 18
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: qp�illiam G. Hughes, Director of Public Works/City Engineer
DATE: March 16, 2004
SUBJECT: Diaz Road Realignment Project, Project No. PW95-27
Resolution of Necessity — Massie Family Trust Property
(Assessor's Parcel Number 921-020-039)
PREPARED BY: Michael Yoshiba, City Attorney's Office
Greg Butler, Principal Engineer
Marilyn Adarbeh, Property Agent
RECOMMENDATION: That the City Council:
Hold a public hearing and take testimony from the property owners or their
representatives if they ask to be heard on issues A, B, C, and D set forth below
regarding the proposed acquisition of the Massie Family Trust Property by
condemnation for Street Improvement, Road and Highway purposes in connection with
the proposed Diaz Road Realignment Project.
Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether to
adopt a Resolution of Necessity.
If the City Council finds, based on its consideration of the evidence contained and
referred to in this staff report, the testimony and comments received during the public
review and planning process, all other testimony that may be presented, and all other
evidence and records pertaining to this matter, that the evidence warrants the necessary
findings as to the proposed Resolution of Necessity, then the staff recommends that the
City Council, in the exercise of its discretion, and upon taking a separate vote on each
proposed resolution:
Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be riled to acquire the subject property.
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTAIIJ REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE REALIGNMENT OF
DIAZ ROAD
1
RA\AGENDA REPORTS\2004\031604\PW95-27 Massie Em Domain.doc
BACKGROUND: The City of Temecula is proposing to realign Diaz Road at Rancho
California Road. The City has studied the existing Diaz Road configuration at Rancho California
Road and has determined that the proposed realignment of Diaz Road will reduce traffic
congestion in and around the intersection of Diaz Road and Rancho California Road. A true
and correct copy of they environmental compliance review is on file with the City Clerk and is
incorporated in this report by this reference. The proposed Diaz Road Realignment project will
require the acquisition of a portion of property in fee and a temporary construction easement
from real property owned by the Massie Family Trust, also identified as Assessor's Parcel
Number 921-020-039, the property is occupied by the Outdoor Channel.
A public Hearing was held on February 24, 2004 and this item was continued. On March 9,
2004 the Director of Public Works met with the property owner and we are very close to settling
this acquisition. It is our desire to continue with the resolution of necessity in the event our
settlement is not finalized in order not to be delayed further.
The portions of the Massie Family Trust property sought to be acquired are described and
depicted on Exhibits "A" and "B," which are attached hereto.
A. The Public Interest and Necessity Require the Project
The Project is an essential component of the City's General Plan, Circulation Element. It
is an integral part of the City's overall plan for addressing the existing substandard level
of service at Ioi;al roadway intersections and on the traveled ways that now provide
transit in this vicinity the City. It will assist in relieving congestion on commercial streets
contributed to by automobile and truck traffic during peak hours at the existing Diaz
Road and Rancho California Road intersection.
B. The Project is Planned in the Manner that will be Compatible with the Greatest
Public Good and Least Private Injury
The studies, plans and other documents cited above also evidence that the Diaz Road
Realignment Project is planned and located to provide the best practical solution to
address the stated circulation and planning goals of the General Plan.
C. The Subject Property Interests Described in the Resolution of Necessity are
Necessary for the Project
The proposed acquisition of the subject property interests described in the Resolution is
necessary for the Project as planned and designed. These interests include partial
acquisitions in fee simple and a temporary construction easement from the Massie
Family Trust. A diagram depicting the subject property interests with reference to the
proposed Project is attached as Exhibit "C" to this staff report.
D. The Offer Required By Section 7267.2 of the Government Code has been made to
the Owner of Record of the Property Sought to be Acquired
Pursuant to Government Code Section 7262, et seq., on or about December 11, 2003,
the City obtained a fair market value appraisal of the subject property interests, set just
compensation in accordance with the appraised fair market value, and extended a
written offer letter to Wilma M. Massie of the Massie Family Trust, the owner of record of
the larger parcel. A true and correct copy of the offer letter is on file with the City Clerk
and is incorporated in this report by this reference. The owner of record and the City
have engaged in negotiations. To date however, no negotiated purchase has been
consummated, and the schedule for the proposed Project requires that the City Council
consider the proposed Resolution of Necessity at this time. Adoption of the proposed
Resolution of N6:cessity requires at least a four/fifths (4/5) vote of the City Council.
2
R:WGENDA REPORTS\2004\031604\PW95-27 Massie Em Domain.doc
FISCAL IMPACT: Property interests sought from the Massie Family Trust have been valued
as follows:
Portion of real property in fee (433 SF) $ 4,764.00
Temporary construction easement (3,172 SF) 2,696.00
Severance damages 0.00
TOTAL $ 7,460.00
Adequate funds are available in the project account, Account no. 210-165-632-5700.
ATTACHMENT:
1. Exhibits A, B & C
2. Resolution No. 04-
3
RAAGENDA REP0RTS\2004\031604\PW95-27 Massie Em Domandoc
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY OF TEMECULA DECLARING
CERTA114 REAL PROPERTY INTERESTS NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE REALIGNMENT OF
DIAZ ROAD
THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. The City of Temecula is a municipal corporation, in the County of
Riverside, State of California.
Section 2. Tne real property interests described in Section 3 of this Resolution, a
portion of the fee interest and temporary construction easements in connection with the
proposed realignment and improvements of Diaz Road ("Project"), are to be taken for a public
use and all uses necessary or convenient thereto, pursuant to the authority conferred upon the
City of Temecula to acquire property by eminent domain by California Constitution Article 1,
Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404
and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law),
including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150,
1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law.
Section 3. The real property interest the City seeks to acquire is a portion of the fee
interest and temporary construction easements on the property commonly known as 43445
Business Park Drive, Temecula, and identified as Assessor's Parcel Number ("APN") 921-020-
039 ("Subject Property Interests"). The term of the temporary construction easement is twelve
(12) months.
The legal description of the Subject Property Interests are attached as Exhibits "A" to
this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated
herein by this referencE. Specifically, the legal description to the portion of the fee interest on
APN 921-020-039 is shown on Exhibit "A." The Subject Property Interests are required for the
construction, realignment, and improvements of Diaz Road, which is a public use.
Section 4. The Project is consistent with the City's General Plan, adopted on
November 11, 1993. The Project would realign and improve Diaz Road westerly from its
existing alignment, beginning at Rancho California Road, and extending until Rancho Way.
Specifically, the proposed Project provides the means for more efficient multidirectional
vehicular traffic flow at the intersection of Diaz Road and Rancho California Road, and at the
intersection of Diaz Road and Rancho Way. These improvements will further the public health
and safety by ensuring adequate traffic circulation in this area and, thus, will prevent
unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the
public health and safety because it will ensure that traffic circulation and the level of service are
maintained at the standard set forth in the Circulation Element of the City's General Plan. The
Project is also necessary to meet the demands of anticipated increased traffic volumes in the
area resulting from recent and proposed development in the vicinity of the Project area.
Section 5. The potential environmental impacts of the Project were studied and
analyzed as an integral part of the City Council's adoption of a Negative Declaration on
November 12, 2002. P, Resolution of the City Council of the City of Temecula Certifying the
Negative Declaration, and adopting the findings pursuant to the California Environmental Quality
Act.
4
R:\AGENDA REPORTS\2004\031604\PW95-27 Massie Em Domain.doc
The City Council also determined that the Project and related actions would not have a
significant impact on transportation and circulation in the City.
The City Council reviewed and considered the Negative Declaration to be in
conformance with the General Plan, and found that the Negative Declaration is an accurate and
objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's
local CEQA Guidelines. Further, the City Council found that the Negative Declaration reflects
the independent judgment of the City Council.
Accordingly, the City Council certified the Negative Declaration based on the following
findings and conclusions:
A. Findings. No significant impacts.
B. Conclusions. No significant impacts.
All of the environmental documentation prepared in connection with the adoption of a
resolution concerning the Negative Declaration, has been reviewed by City staff in connection
with the proposed Resolutions of Necessity and on February 24, 2004, pursuant to the criteria of
Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff
concluded that no substantial changes have occurred in the General Plan and related
applications, of which the street improvements proposed by the Project are an integral part, and
that the City has not obtained any new information of substantial importance that would require
City staff to undertake further environmental analysis. These environmental findings in
connection with the General Plan and related applications and the conditions imposed as part of
their approval, are the appropriate findings with respect to the proposed acquisition of the
Subject Property Interests.
Section 6. The public use for which the City seeks to acquire the Subject Property
Interests, namely street purposes, is a more necessary public use within the meaning of Code
of Civil Procedure section 1240.650 than the uses to which public utility easement holders have
appropriated those utility easements, which are located in the Subject Property Interests and
are affected by the Project
Section 7. The City Council of the City of Temecula hereby finds and determines
that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most compatible
with the greatest public good and least private injury;
C. The property described in Exhibits "A" and "B" attached hereto is necessary for
the Project; and
D. The City made the offer required by section 7267.2 of the Government Code to
the owners of record.
Section 8. The findings and declarations contained in this Resolution are based
upon the record before the City Council on February 24, 2004, including the Agenda Report
dated February 24, 2004 and all documents referenced therein, all of which are incorporated by
this reference. These documents include the environmental documents referenced above, the
City's General Plan, and Development Code. The findings and declarations in this Resolution
are also based upon any testimony, records and documents produced at the hearing, all of
which are incorporated by this reference.
Section 9. The City Council of the City of Temecula hereby authorizes and
directs the City Attorneys s office to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire by eminent domain the property
described on Exhibits "A," and "B" attached hereto.
5
R:WGENDA REPORTS\2004\031604\PW95-27 Massie Em Domain.doc
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16"
day of March 2004.
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, CMC City Clerk
[SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 04-_ was duly and regularly adopted by the City Council of the city of
Temecula at a regular meeting held on the 16th day of March, 2004, by the following vote:
AYES: 0 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
6
R:\AGENDA REPORTS\2004\031604\PW95-27 Massie Em Domain.doc
EXHIBIT °A"
LEGAL DESCRIPTION
FOR RIGHT-OF4VAY DEDICATION
THAT PORTION OF PARCEL 1 OF PARCEL MAP 19580-1, AS SHOWN ON A PARCEL MAP ON FILE IN BOOK
125 AT PAGES 1 THROUGH 6 INCLUSIVELY OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF RIVERSIDE COUNTY, STATE OF CAUFORNIA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF RANCHO CALIFORNIA ROAD AND BUSINESS PARK
DRIVE AS SHOWN ON SAID MAP, SAID POINT BEING MARKED BY A 1 Y:INCH BRASS DISK STAMPED L.S.
3163, FLUSH, PER S/UD MAP;
THENCE NORTH 0605VOT WEST, 67.00 FEET ALONG THE CENTERLINE OF BUSINESS PARK DRIVE TO
THE BEGINNING OF A TANGENT CURVE IN THE CENTER OF BUSINESS PARK DRIVE;
THENCE SOUTH 83-I)TSY WEST, 39.00 FEET TO THE NORTHERLY CORNER -CUTBACK CORNER AS
SHOWN ON PARCEL 1 OF SAID MAP, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 39°'1 T01- WEST, 3324 FEET ALONG SAID CORNER CUT -BACK TO A POINT ON THE
NORTHERLY RIGHT- OF- WAY OF RANCHO CALIFORNIA ROAD;
THENCE SOUTH 83°11,ny WEST, 8.99 FEET ALONG THE NORTHERLY RIGHT- OF- WAY OF RANCHO
CALIFORNIA ROAD;
THENCE LEAVING S/UD RIGHT OF WAY NORTH 42-01.33' EAST, 32.75 FEET TO THE BEGINNING OF A
CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 9W.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 87.31 W WEST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03.30'23, AN ARC LENGTH
OF 65.08 FEET TO A',POINT ON THE WESTERLY RIGHT OF WAY OF BUSINESS PARK DRIVE, SAID POINT
ALSO BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF
611.00 FEET, A RADhkL LINE THROUGH SAID POINT BEARS NORTH 78*W53- EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRALANGLE OF 5°00'00', AN ARC LENGTH
OF 63.32 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINING 432.508 SQUARE FEET OR 0.010 ACRES, MORE OR LESS.
THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED'EXHIBTT Er AND THEREBY BEING MADE A
PART HEREOF.
PREPARED UNDER MY SUPERVISION:
7 OZ
BRIAN D. FOX
PROFESSIONAL LAND SURVEYOR NO.7171
EXPIRES 1221 2003
Page 1 of 7
April 19. 2002
BY: R Pica
CIM BY: B. Far
f-C:Wy DownwmNUegaMancho Cardaniadoe
Exhibit A
EXHIBIT "A-1"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
BUSINESS PARK DRIVE
THAT PORTION OF PARCEL 1 OF PARCEL MAP 19580-1, AS SHOWN ON
PARCEL MAP ON FILE IN BOOK 125 AT PAGES 1 THROUGH 6 INCLUSIVELY
OF PARCEL MA13S IN THE OFFICE OF THE COUNTY RECORDER OF
RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY
DESCRIBED AS'FOLLOWS:
PARCEL A
BEGINNING AT THE CENTERLINE INTERSECTION OF RANCHO CALIFORNIA
ROAD AND BUSINESS PARK DRIVE AS SHOWN ON SAID MAP, SAID POINT
BEING MARKFri BY A I %-INCH BRASS DISK STAMPED L.S. 3163, FLUSH, PER
SAID MAP;
THENCE NORTH 06056'07" WEST 67.00 FEET ALONG THE CENTERLINE OF
BUSINESS PARR: DRIVE TO THE BEGINNING OF A TANGENT CURVE IN THE
CENTER OF BUSINESS PARK DRIVE;
THENCE SOUTH: 83003'53" WEST, 39.00 FEET TO THE NORTHERLY CORNER -
CUTBACK CORNER AS SHOWN ON PARCEL I OF SAID MAP, SAID POINT
BEING ON THE WESTERLY RIGHT-OF-WAY OF BUSINESS PARK DRIVE, SAID
POINT ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 611.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 27°44'58", AN ARC LENGTH OF 295.92 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 54042'54" WEST, 20.00 FEET
TO THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS
OF 588.94 FEET;
THENCE NORTi IERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 10°42'40", AN ARC LENGTH 110.10 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY OF SINGLE OAK DRIVE, SAID POINT ALSO BEING THE
BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY, HAVING A
RADIUS OF 533.00 FEET;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
00037' 17", AN ARCH LENGTH OF 5.78 FEET TO THE NORTHERLY CORNER -
CUT BACK CORNER AS SHOWN ON PARCEL 1 OF SAID MAP;
R-.CW9PRO/FCTSTW95PW95.27Ueg& DescriptlauWLAT d36/5BPD.dm
Exhibit A
THENCE SOUTH[ 89046'27" EAST, 20.07 FEET ALONG SAID CORNER CUT-
BACK TO A POENT ON THE WESTERLY RIGHT-OF-WAY OF BUSINESS PARK
DRIVE;
THENCE SOUTHERLY ALONG THE WESTERLY RIGHT-OF-WAY OF BUSINESS
PARK DRIVE THROUGH A CENTRAL ANGLE OF 09018'31", HAVING A RADIUS
OF 611.00 FEET, AN ARC LENGTH OF 99.27 FEET TO THE TRUE POINT OF
BEGINNING;
CONTAINING 1;061.69 SQUARE FEET OR .0244 ACRES MORE OR LESS.
PARCEL B
BEGINNING AT THE CENTERLINE INTERSECTION OF RANCHO CALIFORNIA
ROAD AND BUSINESS PARK DRIVE AS SHOWN ON SAID MAP, SAID POINT
BEING MARKED BY A 1 1/2-INCH BRASS DISK STAMPED L.S. 3163, FLUSH, PER
SAID MAP;
THENCE NORTH 06056'07" WEST 67.00 FEET ALONG THE CENTERLINE OF
BUSINESS PARK; DRIVE TO THE BEGINNING OF A TANGENT CURVE IN THE
CENTER OF BUSINESS PARK DRIVE;
THENCE SOUTH[ 83°03'53" WEST, 39.00 FEET TO THE NORTHERLY CORNER -
CUTBACK COR14ER AS SHOWN ON PARCEL 1 OF SAID MAP, SAID POINT
BEING ON TBE WESTERLY RIGHT-OF-WAY OF BUSINESS PARK DRIVE, SAID
POINT ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 611.00 FEET;
THENCE NORTHERLY ALONG SAID CRUVE THROUGH A CENTRAL ANGLE
OF 05000'00", AN ARC LENGTH OF 53.32 FEET; TO THE BEGINNING OF A
CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 900.00 FEET, A RADIAL
LINE THROUGH SAID POINT BEARING SOUTH 87°31'33" WEST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
03030'23" AN ARC LENGTH OF 55.08 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH: 42001'33" WEST 32.75 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF RANCHO CALIFORNIA ROAD;
THENCE SOUTH: 83003'53" WEST, 25.00 FEET ALONG THE NORTHERLY
RIGHT-OF-WAY OF RANCHO CALIFORNIA ROAD;
THENCE LEAVING SAID RIGHT-OF-WAY, NORTH 06056'07" WEST, 26.92 FEET;
THENCE NORTH[ 83003'53" EAST, 50.14 FEET TO A POINT ON SAID CURVE
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
R:CUVR02ECTSTW95%PW95-27%eplDescriptimWLAT_43445BPD.dw
Exhibit A
OF 00°20'45", AN ARC LENGTH OF 5.44 FEET TO THE TRUE POINT OF
BEGINNING;
CONTAINING 2,109.98 SQUARE FEET OR .0484 ACRES MORE OR LESS.
COMBINED ARIiA FOR PARCEL A AND PARCEL B: 3,171.67 SQUARE FEET.
THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED "EXHIBIT B-1"
AND THEREBY :BEING MADE A PART HEREOF.
PREPAREDUNDER MY SUPERVISION:
44�,4�oIgOFESS/p49!
RONALD J. PARKS �� RONALD
DEPUTY DIRECTOR OF PUBLIC WORKS `_ J. PARKS
REGISTERED CIVIL ENGINEER NO. 19744 No. 19744
EXPIRES 9-30-05 CIVIL
R`CWWWIEM%PW95WW95-2Td4S. )umpU=%PLAT_43445BPD.dm
Exhibit A
RANCHO
ROE
PREPARED FM
CITY OF TEdEOLLA
4320D BUSINESS PARK DR.
TEMECULA. CA 92590
(909) 694-6411
iY COURT
92591
EXHIBIT "b"
a
SCALE IN FEET
V=100,/
f� A
LINE TABLE
FLUSH PER P.M. 125/1-6
�y�`oNt1 L s` PREPARED BY:
:uuwGPuxTu�trS
* r4N * ®si A.�iO�i.�%F.� AC —SURVNFRS /GPS
t2-St-03 PLAN151 South Girard Street • Hemet, Co 92544 • (909) 652-4454
711%�FAX (909) 766-8942 E—MAIL kbcozod.com
5/7 d2 F9. �c R\0105900V1AIVLAM-W
Ex obit B
Q
U
W
O
EXHIBIT "B=1"
UV
SCALE IN FEET
1 " = 100'
PAR. "B"
-� — -cAUFo
RANCHO -
RECORD OWNER
WILMA M. MASME
31305 CANTERBURY COURT
TEMECULA. CA 92591
(909) 695-2483
PREPARED BY:
CITY OF TEMECULA
43200 BUSINESS PARK DR.
TEMECULA. CA 92590
(909) 694-6411
IINF TARIF
r[IRVF TARI F
N0.
DIRECTION
DISTANCE
N0.
DELTA
RADIUS
LENGiH
L1
S 894627" E
20.0T'
Cl
OV37'17"
533.00
5.78'
L2
S 54'42'54" W
20.00'
C2
091831"
611.00'
99.27'
L3
S OF56.OT" E
26.92'
C3
1V42'40"
588.94'
110.1
L4
N 8503'53" E
50.14'
C4
OV20'45"
900.00'
5.44'
L5
N 4701'33" E
32.75'
C5
0 '
1100'
53.32'
L6
N 83'03'53' E
25.00'
C6
0SO9'37"
900.00'
49.64'
C7
2 44' "
611.00'
24 60
J. PARKS
No.19744 a
CIVIL Kr
LEGEND
PORTION
:SQUARE
OR ACRES, E..
PARCEL T
OR .0244 ACRES. MORE . • LESS
T.P.O.B. PARCEL B
S56'07"W
P.O.B.
1-1/20 BRASS DISC STAMPED I.S. 3163
FLUSH PER P.M. 125/1-6
CITY OF TEMECULA
EXHIBIT FOR:
TEMPORARY CONSTRUCTION EASEMENT
43445 BUSINESS PARK DRIVE
Exhibit 0
ITEM 19
APPROVAL
CITY ATTORNEY -wP I
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Shawn Nelson, City Manager
DATE: March 113, 2004
SUBJECT: Status IJpdate-SB 87 (Hollingsworth) At the request of all City Council
Members
PREPARED BY: Aaron Adams, Sr. Management Anal t
Jim O'Grady, Assistant City Manage
RECOMMENDATION: Provide direction to the City staff regarding SB 87
(Hollingsworth). An oral update will be provided to the City Council at the meeting.
BACKGROUND: For more than a year, the City has attempted to work with Senator
Hollingsworth to advance legislation that would allow the City of Temecula to control and
operate the State Highways in Temecula. Local control would greatly expedite the City's ability
to make safety and operational improvements to these roadways.
On Saturday, February 28, the City Council held a special meeting to further discuss this issue.
Since that time, staff and Councilmember Roberts have worked with the Senator's office to try to
advance this legislation. An oral update will be provided to the City Council at this meeting, and
staff will seek further direction from the City Council as to further steps.
FISCAL IMPACT: None.
Y:Wgenda Reports\SB 87 staff report2 - 0312.1.dm
REQUESTS TO SPEAK
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date
For
Subject: --
1H
I wish to speak on Agenda Item No.
C)
Against
Name: 7y
City/State/Zip
Phone: (-�
If you are representing an organization or group, please give the name:
PObIiL GVXrme14f
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank_You,
ebIiicCdPrmev�
Date-? " /-6 y I wish to speak on Agenda Item No.
For
Against
-/-�- �tJ 6�t r. S&j iC 2 �-tw �ck/,� �e�Yl �.•� — 0W{f./+'r✓.42 /�5.
1 v0tm.v/^+i-rL S AA /nge-f- ':�t 1-W -A--5 H1 P5
Name:`'
Address:
Phone:
(--�
City/State/Zip '&a 9 Zr 5 z
If you are representing an organization or group, please give the name:
CP1t4f*rFvi- 416N
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date `' v 0 1 I wish to speak on Agenda Item No. Po b GO W kket+
For Against -
Subject:
1 O '-�r Q W O M I' l e P
Name: UT `r0 Ra\y-o h
/ City/State/Zip I -crn e' c,
Phone: /
If you are representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
I
Date � 1 /� I wish /to speak on Agenda Item No.
/ For V/ Against
Subject::
Name:
Address:
Phone:
ity/State/Zip �VIAu ca
If you are representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date D I wish to speak on Agenda Item No.
For Against
Subject:
Name:
Address:
Phone:
If you are
JCity/State/Zip T�1- e r u—' f[
an organization or grTouup,, please \ggiiv/yee t-/h/e�name:
1 Ll� 1. ii.V // l�l�or !i co ..
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECUI A
// After completing, please return to the City Clerk. Thank You.
-44
Date l 6- o II wish to speak on Agenda Item No. � Z
For J Against
Subject:
Name: Dxll G- _ `C�OS�,�LLAiI c
Address: City/State/Zip
Phone: '
If you are representing an organization or group, please give the name:
5Gc.) 12 SSTone ►..CJ a 6'- u
v
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
Date
Subject
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
3 /6 Z,q
For
I wish to speak on Agenda Item No.
Against_
l(0
�i4�--
Name: Ti 4i V bc� LL wt ►�v\�
Address: City/State/Zip am e c J ); ,
Phone: y0
you are representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date I wish to speak on Agenda Item No.
Subject:
Q
For Against
Name: f c,4't'y- E-.
// (' �
City/State/Zip tql I)& l-S
Phone:
If you are representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date Ap �&q I wish to speak on Agenda Item No. I I
For Against
Subject
Name: / Ke
Address: City/State/Zip :ePieC��A CA 117!�11
Phone:
If you are representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date
For
Subject:
I wish to speak on Agenda Item No. `
Against
Name:
City/State/Zip
Phone:
If you are representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Pease go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
/ After completing, please return to the City Clerk. Thank You.
Date 3 (� I wish to speak on Agenda Item No. t c7
For Against
Subject: r� p �7
SL' D /
Name: r114 l(L �6 �
Address: -// City/State/Zip 14 / 25-�F2-
Phone:
If you are representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You..
Date 0 I wish to speak on Agenda Item No. f6,{OC
For Against
Address: � City,/�S�tate/Zip
Phone:
If you are representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.